EXPORT MARKET DEVELOPMENT GRANTS ACT 1997
Export Market Development Grants (Information and Document Requirements) Amendment Determination 2010 (No. 1)
Explanatory Statement
A Determination to be complied with by Austrade in assessing whether a person meets the information and document requirements of paragraphs 70(2C)(f) and (g) of the Export Market Development Grants Act.
Background
Among other amendments, the Export Market Development Grants Act 2008 amended the EMDG scheme rules to introduce a performance measure for applicants other than approved bodies and approved trading houses that have already received two grants. These applicants must choose between two options under section 70 of the EMDG Act. These two options (grants options A and B) provide alternative ways for these applicants to show that they meet the scheme’s performance requirements. The choice is mandatory and must be made at the time an applicant applies for a grant.
Under section 9 of the EMDG Act, the CEO of Austrade must decide whether applicants selecting grants option B meet the Australian net benefit requirements.
Section 10 of the EMDG Act provides for the making of a legislative instrument to be complied with by Austrade in determining whether applicants meet the Australian net benefit requirements.
The Export Market Development Grants (Australian Net Benefit Requirements) Determination 2008 (the 2008 Australian Net Benefit Requirements Determination) was introduced in 2008 and has been applied to 2008-09 grant year applications.
Section 73A of the EMDG Act provides that the CEO of Austrade may make a legislative instrument specifying information or documents that are required to be submitted by applicants that have selected grants option B in order for these applications to be assessed as validly made under the amended EMDG Act.
The Export Market Development Grants (Information and Document Requirements) Determination 2008 (the 2008 Information and Document Requirements Determination) was made under section 73A of the EMDG Act to provide the rules for EMDG applicants subject to the requirements of paragraphs 70(2C)(f) and (g) of the EMDG Act.
The 2008 Information and Document Requirements Determination has been applied to 2008-09 grant year applications.
Based on Austrade’s experience applying the 2008 Australian Net Benefit Requirements Determination, the Export Market Development Grants (Australian Net Benefit Requirements) Amendment Determination 2010 (No. 1) (the 2010 Australian Net Benefit Requirements Determination) was made in order to make the Australian net benefit requirements simpler and more objective
This legislative instrument aligns the Information and Document requirements with the 2010 Australian Net Benefit requirements Determination rules.
Section 73(3) of the EMDG Act provides that the CEO of Austrade must not consider an application that does not meet this instrument’s specified information and document requirements in terms of paragraphs 70(2C) (f) and (g) of the EMDG Act.
Consultation arrangements carried out in relation to this legislative instrument
This legislative instrument is a machinery measure and does not substantially change the law. Austrade has not consulted with other entities in the course of preparing this amendment because it implements the policy implicit in the 2010 Australian Net Benefit Requirements Determination.
Commencement provisions for this legislative instrument
This instrument commences on the day after it is registered.
Application provisions for this legislative instrument
The changed rule in this instrument does not apply to EMDG applications made in respect of the 2008-09 grant year.
Review rights for decisions made under the legislative instrument
Austrade’s decisions in relation to whether a person meets the information and document requirements associated with the Australian net benefit requirements are subject to review in the Administrative Appeals Tribunal.
Other provisions
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Overview
The Export Market Development Grants Act 1997 was enacted to facilitate the provision of grants aimed at assisting Australian businesses in developing new export markets. The 1997 Act was subsequently amended by the Export Market Development Grants Act 2008, which introduced new performance measures for grant applicants. The Export Market Development Grants (Information and Document Requirements) Amendment Determination 2010 (No. 1) was introduced to address the need for aligning the information and document requirements with the amended Australian net benefit requirements, ensuring that applicants for grants under option B meet specific criteria. This determination was made by the CEO of Austrade under section 73A of the EMDG Act and is intended to streamline the assessment process, making it more objective and simpler. This legislative instrument does not require consultation as it implements the policy implicit in the 2010 Australian Net Benefit Requirements Determination. It commenced on the day after its registration and does not apply retrospectively to the 2008-09 grant year. Decisions made under this instrument are subject to review by the Administrative Appeals Tribunal.
Scope and Application
The Export Market Development Grants (Information and Document Requirements) Amendment Determination 2010 (No. 1) applies to applicants for grants under the Export Market Development Grants Act 1997 who have selected grants option B, which pertains to the Australian net benefit requirements. This includes individuals and entities seeking to demonstrate their eligibility for the EMDG scheme by providing specific information and documents as outlined in the determination. The Act is a Commonwealth instrument, thus it applies nationally across Australia. The legislative instrument does not apply to EMDG applications made in respect of the 2008-09 grant year, and is designed to align with the 2010 Australian Net Benefit Requirements Determination, which simplifies and makes the net benefit requirements more objective. Austrade is mandated to assess whether an application meets the specified information and document requirements, and applications that do not comply with these requirements will not be considered. Decisions made by Austrade regarding compliance with these requirements are subject to review in the Administrative Appeals Tribunal. This instrument is a disallowable instrument under the Acts Interpretation Act 1901.
Key Provisions
The Export Market Development Grants (Information and Document Requirements) Amendment Determination 2010 (No. 1) provides specific requirements for applicants who have selected grants option B under section 70 of the Export Market Development Grants Act 1997 (EMDG Act). These requirements are necessary for applicants to demonstrate that they meet the scheme’s performance requirements, as outlined in paragraphs 70(2C)(f) and (g) of the EMDG Act. The main purpose of this determination is to align the information and document requirements with the 2010 Australian Net Benefit Requirements Determination, ensuring a streamlined and objective process for assessing these applications.
The obligations imposed by this determination on applicants are clear and specific. Applicants must submit all required information and documents in accordance with the rules specified in the determination. This includes providing evidence that demonstrates their compliance with the Australian net benefit requirements, as well as other relevant information that Austrade may require to assess the validity of the application. Failure to meet these information and document requirements will result in the application not being considered by Austrade, as stipulated in section 73(3) of the EMDG Act.
Breach of the information and document requirements specified in this determination can lead to serious consequences for applicants. If an application does not meet the specified requirements, it will not be considered by Austrade. This means that the applicant will not be assessed for eligibility for the grant and, consequently, will not be able to proceed with their application. While this determination does not impose criminal penalties or specific fines, the failure to provide the required information and documents effectively bars the applicant from obtaining the grant, which can have significant implications for their business operations and export market development efforts.
Review rights for decisions made under this legislative instrument are available to applicants. Decisions by Austrade regarding whether an applicant meets the information and document requirements are subject to review in the Administrative Appeals Tribunal. This provides applicants with a mechanism to challenge any adverse decisions and seek a review of Austrade's assessment, ensuring a fair and transparent process. The determination also clarifies that it is a disallowable instrument under the Acts Interpretation Act 1901, meaning it can be subject to disallowance by Parliament, adding an additional layer of accountability and oversight.