Explanatory Statement
Issued by the authority of the Chief Executive Officer of Austrade
Export Market Development Grants Act 1997
Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Amendment Instrument 2015 (No. 1)
An instrument amending the Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012 to update a reference to guidelines which have been replaced.
Background
The Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Amendment Instrument 2015 (No. 1) (the instrument) is made under subsection 70(4) of the Export Market Development Grants Act 1997 (the Act). It makes a consequential amendment to the Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012 (the Determination).
The Determination refers to the Export Market Development Grants (Associate and Fit and Proper Person) Guidelines 2004, which have been replaced by the Export Market Development Grants (Associate and Fit and Proper Person) Guidelines 2015. The instrument amends the reference in the Determination to refer to the current guidelines. The current guidelines are the same in substance as the previous guidelines. The guidelines are a disallowable legislative instrument under the Legislative Instruments Act 2003 and are available at www.comlaw.gov.au. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
Applications for grants under the Act must be generally be made within 5 months after the end of the grant year. However, subparagraph 70(2)(b)(ii) of the Act provides for an extension of time for applications in specified circumstances. Subsection 70(4) of the Act provides that the CEO of Austrade may, by legislative instrument, specify the circumstances and the number of months for the purposes of subparagraph 70(2)(b)(ii). The Determination describes the specified circumstances and the number of months.
The Determination provides that applications may be submitted within 8 months after the end of the grant year where certain criteria are met, including that the application is made with the assistance of a 'participating EMDG consultant'. The Determination sets out a process for individuals to apply to be approved as a participating EMDG consultant. In considering whether to approve an individual as a participating EMDG consultant, the CEO of Austrade must (among other things) decide whether the individual is a fit and proper person, having regard to the matters set out in Part 3 of the Export Market Development Grants (Associate and Fit and Proper Person) Guidelines 2015 (as in force from time to time).
Participation by consultants is entirely voluntary and those consultants who are not participating EMDG consultants can continue to lodge within the standard 5 month period.
Section 7.1 of the Determination provides for reconsideration of decisions to refuse to approve an applicant as a participating EMDG consultant or to cancel the approval of a participating EMDG consultant.
Those participating EMDG consultants who were approved before the instrument commences will remain participating EMDG consultants in accordance with subsection 3.6(4) of the Determination. After the instrument commences, in considering whether to approve an individual as a participating EMDG consultant, the CEO of Austrade must have regard to the matters set out in Part 3 of the Export Market Development Grants (Associate and Fit and Proper Person) Guidelines 2015 rather than the Export Market Development Grants (Associate and Fit and Proper Person) Guidelines 2004.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (OBPR ID: 19213).
No specific consultation was undertaken in relation to the instrument. Consultation in relation to the instrument was not necessary because, as the instrument updates a reference to guidelines which remain the same in substance, the effect of the instrument is minor or machinery in nature and does not substantially alter existing arrangements. Over the past 6 months, a significant round of general consultation has been undertaken as part of the review of the EMDG scheme required under section 106A of the EMDG Act. This has included seeking submissions from the public, public meetings and undertaking a survey of grant recipients and businesses who have not used the EMDG scheme. Interested parties had the opportunity to raise issues in relation the legislation for, and administration of, the EMDG scheme, including in relation to the Determination.
Details of the instrument
1 – Name
This section provides that the name of the instrument is the Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Amendment Instrument 2015 (No. 1).
2 – Commencement
This section provides that the instrument commences on 1 July 2015.
3 – Schedule(s)
This section provides that each instrument specified in a Schedule to the instrument is amended or repealed as set out in the Schedule, and any other item in a Schedule has effect according to its terms.
Schedule 1 – Amendments
This Schedule provides that the reference to 'Export Market Development Grants (Associate Fit and Proper Person) Guidelines 2004' in subsection 3.4(2) of the Determination is removed and replaced with 'Export Market Development Grants (Associate Fit and Proper Person) Guidelines 2015'.
Statement of Compatibility with Human Rights
This Amendment Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.