EXPORT MARKET DEVELOPMENT GRANTS ACT 1997
Export Market Development Grants (Made in Australia) Guidelines 2006
Explanatory Statement
Guidelines to be complied with by Austrade in determining, for paragraphs 24(a) and 37(1)(b) and subparagraphs 37(1)(c)(i) and (g)(i) of the Export Market Development Grants Act 1997, whether goods are made in Australia.
The Export Market Development Grants Act 1997 (EMDG Act) provides for grants to specified Australian businesses which have incurred specified expenses promoting the export of their Australian goods, services, intellectual property rights and know-how. The grant is a partial reimbursement of the expenses incurred.
Among other amendments, the Export Market Development Grants Amendment Act 2006 amended the Export Market Development Grants (EMDG) scheme’s rules, set out at section 24 of the EMDG Act, for determining the eligibility of goods.
The amended section 24 provides that, to be eligible:
(a) goods must be made in Australia; or
(b) Austrade must be satisfied that Australia will derive a significant net benefit from the sale of the goods outside Australia.
Paragraph 37(1)(b) and subparagraphs 37(1)(c)(i) and (g)(i) of the amended Act also refer to the origin of goods.
Paragraph 101(1)(ba) of the amended EMDG Act provides for ministerial guidelines to be complied with by Austrade in determining whether goods are made in Australia.
These guidelines will assist applicants to clarify whether their goods are likely to be eligible and will increase the transparency and accountability of Austrade’s decision-making about the eligibility of goods.
Austrade’s decisions in relation to the eligibility of goods for EMDG purposes are subject to review in the Administrative Appeals Tribunal.
This determination is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.