Export Market Development Grants Legislation Repeal Instrument 2018

Overview

The Export Market Development Grants Legislation Repeal Instrument 2018 was enacted by the Minister for Trade, Tourism and Investment under the Export Market Development Grants Act 1997. This legislative instrument repeals three outdated legislative instruments that were scheduled to sunset and are no longer necessary. The repealed instruments include the Export Market Development Grants Act 1974 - Decision-Making Principles Under Section 19A (EMDG DMP 1995/1), Export Market Development Grants Act 1974 - Approved Joint Ventures and Consortia, and Export Market Development Grants Act 1997 - Determination (1/1997 ATH) - Guidelines for the approval, variation of approval, and cancellation of approved trading houses. The objective of this repeal is to streamline legislation and remove redundant provisions, ensuring that the legal framework remains current and efficient. Extensive consultations with stakeholders were conducted by Austrade, with all respondents agreeing that the repealed instruments were no longer required. The repeal instrument will commence the day after its registration and has been deemed not to require a Regulation Impact Statement by the Office of Best Practice Regulation. This instrument is also compatible with human rights and freedoms as recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Export Market Development Grants Legislation Repeal Instrument 2018 is a legislative instrument made by the Minister for Trade, Tourism and Investment under the Export Market Development Grants Act 1997. This instrument serves to repeal three existing legislative instruments that are set to sunset and have been deemed unnecessary. The repealed instruments include the Export Market Development Grants Act 1974 - Decision-Making Principles Under Section 19A (EMDG DMP 1995/1), Export Market Development Grants Act 1974 - Approved Joint Ventures and Consortia, and Export Market Development Grants Act 1997 - Determination (1/1997 ATH) - Guidelines for the approval, variation of approval, and cancellation of approved trading houses. The repeal instrument will take effect on the day following its registration. Prior to its creation, Austrade engaged in extensive stakeholder consultations, with all stakeholders agreeing that the repealed instruments are no longer required. The instrument is compatible with human rights and freedoms as recognised under the Human Rights (Parliamentary Scrutiny) Act 2011 and is a Legislative Instrument for the purposes of the Legislation Act 2003.

Key Provisions

The Export Market Development Grants Legislation Repeal Instrument 2018 (F2018L00120) primarily serves to repeal three existing legislative instruments under the Export Market Development Grants Act 1997 (the EMDG Act) (section 1). This includes the "Export Market Development Grants Act 1974 - Decision-Making Principles Under Section 19A (EMDG DMP 1995/1)", the "Export Market Development Grants Act 1974 - Approved Joint Ventures and Consortia", and the "Export Market Development Grants Act 1997 - Determination (1/1997 ATH) - Guidelines for the approval, variation of approval, and cancellation of approved trading houses" (section 1). The repeal takes effect from the day after the instrument is registered (section 2). The repealed instruments previously provided guidance and principles for decision-making processes, approval of joint ventures and consortia, and guidelines for trading houses under the EMDG Act. With their repeal, these specific legislative instruments are no longer in effect, and their provisions are no longer applicable or enforceable (section 1). The purpose of this repeal is to streamline the legislation by removing outdated or unnecessary provisions, thereby simplifying the regulatory environment for entities governed by the EMDG Act (section 1). Entities and parties previously governed by the repealed instruments are now subject to the remaining provisions of the EMDG Act and any other applicable legislation. They must ensure compliance with the current legal framework, which may include applying for grants, participating in approved joint ventures, or adhering to the guidelines for trading houses as stipulated in the EMDG Act (section 1). The repealed instruments did not specify any particular offences or penalties for non-compliance, as their primary function was to provide guidance rather than impose strict regulatory requirements. However, the EMDG Act itself contains provisions for offences and penalties related to the misuse of grants or non-compliance with its requirements. For instance, under section 24 of the EMDG Act, a person can be fined up to $22,200 for providing false or misleading information in an application for a grant (section 24). Failure to comply with other provisions of the Act may also attract civil or criminal penalties as specified within the Act.