Export Market Development Grants (Information and Document Requirements) Instrument 2018

Overview

The Export Market Development Grants (Information and Document Requirements) Instrument 2018 was enacted by the Chief Executive Officer of the Australian Trade and Investment Commission (Austrade) under section 73A of the Export Market Development Grants Act 1997 (EMDG Act). This legislative instrument aims to clarify and update the information and documents that must be provided by an applicant who has elected grants Option B as its export performance measure, for the purposes of paragraphs 70(2C)(f) and (g) of the EMDG Act. The primary objective of the EMDG Act is to provide grants to eligible Australian businesses that have incurred expenses promoting the export of their Australian goods, services, intellectual property rights, and know-how. The instrument serves to ensure that applicants can adequately demonstrate their compliance with the Australian Net Benefit Requirements. The revised requirements focus on a statement of the applicant's projected export earnings, as opposed to the previous requirement for an opinion of export potential. This change was made to provide a more practical and realistic description of the required document, while still ensuring that it is prepared by a registered company auditor. The instrument also specifies that any decisions regarding the compliance of an applicant with these information and document requirements are subject to review by the Administrative Appeals Tribunal.

Scope and Application

The Export Market Development Grants (Information and Document Requirements) Instrument 2018 applies to Australian businesses that have elected grants Option B as their export performance measure under the Export Market Development Grants Act 1997 (EMDG Act). This legislative instrument provides specific guidelines on the information and documents these businesses must furnish to Austrade to substantiate their eligibility for grants, particularly in relation to the Australian Net Benefit Requirements. The Instrument replaces the previous Export Market Development Grants (Information and Document Requirements) Determination 2008, and it specifically mandates a statement of projected export earnings instead of an opinion on export potential, both of which must be prepared by a registered company auditor. The requirements are applicable to grants made on or after 1 July 2018 and are subject to review by the Administrative Appeals Tribunal. This instrument does not engage any of the applicable rights or freedoms as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Export Market Development Grants (Information and Document Requirements) Instrument 2018 (the Instrument) outlines the specific information and documents required by applicants who have elected to use grants Option B as their export performance measure, in accordance with sections 70(2C)(f) and (g) of the Export Market Development Grants Act 1997 (the EMDG Act). This legislative instrument is designed to ensure that businesses can substantiate their claims for export performance in order to receive grants. The primary purpose of this Instrument is to replace the previous Export Market Development Grants (Information and Document Requirements) Determination 2008, which was set to expire on 1 October 2018. The new Instrument brings changes to the document requirements, replacing the previous need for an opinion on the applicant's export potential with a statement of projected export earnings. This change is intended to provide a more practical and realistic basis for assessing the applicant's performance. Under this Instrument, applicants who have elected grants Option B must provide a statement of their projected export earnings, which must be based on certain specified matters and prepared by a registered company auditor. This change aims to provide a more tangible and quantifiable basis for assessing the applicant's export performance. The Instrument also mandates the provision of other documents such as financial statements and records of export performance, which are essential for Austrade to evaluate the applicant's eligibility for the grant. Decisions made by Austrade regarding whether an applicant meets these information and document requirements are subject to review by the Administrative Appeals Tribunal. The obligations imposed by this Instrument on the parties it governs include the timely and accurate submission of the required documents and information. Applicants must ensure that all documents are prepared in accordance with the specifications outlined in the Instrument and that they provide a clear and comprehensive picture of their export activities and performance. Failure to meet these requirements can result in the denial of the grant application. Moreover, applicants must ensure that the documents are prepared by qualified professionals, such as registered company auditors for the projected export earnings statement, to maintain the credibility and accuracy of the submitted information. Breach of the requirements set out in this Instrument can result in significant consequences for the applicant. If Austrade determines that an applicant has not met the information and document requirements, it may refuse to approve the applicant's export performance measure, which could ultimately result in the applicant being ineligible for the grant. The penalties for non-compliance are not explicitly detailed in the Instrument, but they may include the denial of grant applications and potential legal consequences if the non-compliance is found to be intentional or fraudulent. It is important for applicants to carefully adhere to the requirements to avoid these adverse outcomes.