Export Market Development Grants Regulations

Legislation au C1975L00129 Regulations Not in force Legislative Instrument

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Statutory Rules

1975 No. 129

REGULATIONS UNDER THE EXPORT MARKET DEVELOPMENT GRANTS ACT 1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Export Market Development Grants Act 1974.

Dated this twenty-sixth day of June, 1975.

JOHN R. KERR

Governor-General.

By His Excellency’s Command,

LIONEL BOWEN

Minister of State for Manufacturing Industry for and on behalf of the Minister of State for Overseas Trade.

_______

EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS

Citation.

1. These Regulations may be cited as the Export Market Development Grants Regulations.

Definition.

2. In these Regulations, “ the Act ” means the Export Market Development Grants Act 1974.

Prescribed bodies.

3. Each authority or association specified in Schedule 1 is prescribed for the purposes of the definition of “ prescribed body ” in sub-section 3 (1) of the Act.

Prescribed markets.

4. The prescribed markets for the purposes of the application of the Act in relation to the grant year that commenced on 1 July 1974 and the grant year commencing on 1 July 1975 are those specified in Schedule 2.

Verification of claim relating to eligible expenditure not exceeding $5,000.

5. A claim under section 13 of the Act shall, where the amount specified in the claim as the eligible expenditure of the claimant does not exceed $5,000, be verified by a statutory declaration, in accordance with the form in Schedule 3, made—

(a) if the claimant is a natural person—by that person;

(b) if the claimant is a partnership of natural persons—by one of those persons; or

 

* Notified in the Australian Government Gazette on 30 June 1975.


(c) if the claimant is—

(i) an authority constituted by a law of Australia or of a State or internal Territory; or

(ii) any other body or association, whether corporate or incorporate,

by a person, being one of the persons responsible for the management of the authority, body or association, authorized by the authority, body or association to make that declaration.

Claim in respect of eligible expenditure exceeding $5,000 to be accompanied by Auditor’s certificate.

6. (1) A claim under section 13 of the Act shall, where the amount specified in the claim as the eligible expenditure of the claimant exceeds $5,000, be accompanied by a certificate of a registered company auditor, or an auditor approved for the purpose by the Export Development Grants Board, certifying, in relation to the claim—

(a) that the auditor has examined the contents of the books of account and the records of the claimant;

(b) that the auditor has obtained such additional information and explanations as the auditor has required; and

(c) that, in the opinion of the auditor, the particulars contained in the claim form, and in documents annexed to the claim form, are true and fair.

(2) In this regulation, “ registered company auditor ” means an auditor who is registered under a law of a State or Territory relating to companies as a registered company auditor.

Allowances in respect of service outside Australia.

7. Where a member (including the Chairman) of the Board performs duties outside Australia and the external Territories, he is entitled to be paid such allowances as he would be entitled to be paid if he were an officer of the Australian Public Service and were included in the Second Division.

Other allowances payable to Chairman.

8. The Chairman of the Board is entitled to be paid in respect of the performance of his duties in Australia or in an external Territory such allowances, other than travelling allowance, as he would be entitled to be paid if he were an officer of the Australian Public Service and were included in the Second Division.

Commencement.

9. Regulations 7 and 8 shall be deemed to have come into operation on 4 June 1975.

 

SCHEDULE 1 Regulation 3

Prescribed Bodies

(Sub-section 3 (1) of the Act)

Australian Apple and Pear Corporation

Australian Barley Board

Australian Bight Fisherman’s Society Ltd

Australian Book Publishers Association

Australian Brahman Breeders Association

Australian Canned Fruits Board

Australian Dairy Produce Board

Australian Dried Fruits Control Board

Australian Egg Board

Australian Film Development Corporation

Australian Honey Board

Australian Meat Board

Australian Shorthorn Export Association

Australian Wheat Board

Australian Wine Board


Schedule 1—continued

Australian Wool Corporation

Barossa Co-operative Winery Limited

Berri Co-operative Packing Union Limited

Berri Co-operative Winery & Distillery Ltd

Co-operative Almond Producers Limited

Co-operative Wines (Australia) Limited

Dairy Vale Co-operative Limited

Honey Pool of Western Australia

Loxton Co-operative Winery & Distillery Ltd

Potato Marketing Board of Tasmania

Red Comb Co-operative Limited

Ricegrowers’ Co-operative Mills Ltd

Rural Traders Co-operative (W.A.) Ltd

South Australian Fishermen’s Co-operative Ltd

South Australian Seedgrowers Co-operative Ltd

The Atherton Tableland Maize Marketing Board

The Barley Marketing Board

The Blood Horse Breeders’ Association of Australia

The Buderim Ginger Growers’ Co-operative Association Ltd

The Butter Marketing Board

The Central Queensland Grain Sorghum Marketing Board

The Committee of Direction of Fruit Marketing

The Cotton Marketing Board

The Grain Pool of W.A.

The Grain Sorghum Marketing Board for the State of New South Wales

The Midland Junction Abattoirs Board

The Murray Grey Beef Cattle Society

The Navy Bean Marketing Board

The Oats Marketing Board for the State of New South Wales

The Peanut Marketing Board

The Queensland Graingrowers’ Association

The Rice Marketing Board

The Sugar Board

The Western Australian Meat Export Works

Waikerie Co-operative Producers Limited

Western Australian Lamb Marketing Board

Western Australian Potato Marketing Board

 

SCHEDULE 2 Regulation 4

Prescribed Markets

(Section 7 of the Act)

Afghanistan

Albania

Algeria

Angola

Arab Republic of Egypt

Argentina

Australian Antarctic Territory

Austria

Bahamas

Bahrain

Bangladesh

Barbados

Belgium

Belize

Bermuda

Bhutan

Bolivia

Botswana

Brazil

British Indian Ocean Territory

British Solomon Islands Protectorate

Brunel

Bulgaria

Burma

Burundi


Schedule 2—continued

Cambodia

Cameroun

Canada

Cape Verde Islands

Central African Republic

Chad

Chile

China, People’s Republic of

Colombia

Comoro Islands

Congo, The People’s Republic of

Cook Islands

Costa Rica

Cuba

Cyprus

Czechoslovakia

Dahomey

Denmark

Dominican Republic

Ecuador

El Salvador

Equatorial Guinea

Ethiopia

Falkland Island and Dependencies

Fiji

Finland

France

French Southern and Antarctic Territories

French Territory of the Afars and Issas

Gabon

Gambia

German Democratic Republic

Germany, Federal Republic of

Ghana

Gibraltar

Gilbert and Ellice Islands

Greece

Guam

Guatemala

Guiana (French)

Guinea

Guinea Bissau

Guyana

Haiti

Honduras

Hong Kong

Hungary

Iceland

India

Indonesia

Iran

Iraq

Ireland (Eire)

Israel

Italy

Ivory Coast

Jamaica

Japan

Jordan

Kenya

Korea, Democratic People’s Republic of

Korea, Republic of

Kuwait

Laos

Lebanon

Leeward Islands

Lesotho Liberia Libya


Schedule 2—continued

Luxembourg

Macao (Macau)

Malagasy Republic

Malawi

Malaysia

Maldives

Mali

Malta

Mauritania

Mauritius

Mexico

Mongolia

Morocco

Mozambique

Namibia

Nauru

Nepal

Netherlands

Netherlands Antilles

New Caledonia

New Hebrides

New Zealand

Nicaragua

Niger

Nigeria

Niue

Norfolk Island

Norway

Oman

Pakistan

Panama

Papua New Guinea

Paraguay

Peru

Philippines

Poland

Polynesia (French)

Portugal

Puerto Rico

Qatar

Reunion

Ross Dependency

Romania

Rwanda

Samoa (American)

Sao Tome and Principe

St Helena

St Pierre and Miquelon

Saudi Arabia

Senegal

Seychelles

Sierra Leone

Singapore

Somali Democratic Republic

South Africa

South Vietnam, Republic of

Spain

Spanish Sahara

Sri Lanka

Sudan

Surinam

Swaziland

Sweden

Switzerland

Syria

Taiwan

Tanzania

Territory of Christmas Island

Territory of Cocos (Keeling) Islands


Schedule 2—continued

Territory of Heard Island and McDonald Islands

Thailand

Timor

Togo

Tokelau Islands

Tonga

Trinidad and Tobago

Trust Territories of the Pacific Islands (U.S.A.)

Tunisia

Turkey

Uganda

Union of the Soviet Socialist Republics

United Arab Emirates

United Kingdom

United States of America

Upper Volta

Uruguay

Venezuela

Vietnam, Democratic Republic of

Virgin Islands (American)

Virgin Islands (British)

Wallis and Futuna Islands

West Indies (French)

Western Samoa

Windward Islands

Yemen Arab Republic

Yemen, People’s Democratic Republic of

Yugoslavia

Zaire, Republic of

Zambia

 

SCHEDULE 3 Regulation 5

AUSTRALIA

EXPORT MARKET DEVELOPMENT GRANTS ACT 1974

STATUTORY DECLARATION VERIFYING CLAIM

I

(Given names) (Surname)

of

(Address)

solemnly and sincerely declare as follows:—

1. I am a person entitled to make this Statutory Declaration in relation to the claim made on                                                          19                            by                                                                                    (Date of claim)                                                                      (Full name of claimant)                                                        for a grant under the Export Market Development Grants Act 1974.

* Delete if inapplicable

2. The information set out in the claim form relating to that claim    *, and in the documents annexed to the claim form,                                                                                                                is true and correct in every particular.

AND I make this solemn declaration by virtue of the Statutory Declarations Act 1959-1973, and subject to the penalties provided by that Act for the making of false statements in statutory declarations, conscientiously believing the statements contained in this declaration to be true in every particular.

Signature of Declarant...............................................................................

† Delete whichever is inapplicable

Declared by the above       at  in the †State/Territory of                                                                                                  the                                          day of                                                                      19              .

Before me......................................................................................

Title...............................................................................................

Overview

The Export Market Development Grants Regulations, made under the Export Market Development Grants Act 1974, were enacted in 1975 by the Governor-General, acting on the advice of the Executive Council. This legislation was introduced to address the need for structured guidelines governing the distribution of grants intended to develop export markets for Australian goods and services. The policy objective is to facilitate and enhance the export capabilities of Australian businesses by providing financial support through grants, ensuring that the process is both transparent and accountable. The Regulations define the prescribed bodies eligible to apply for these grants, specify the markets for which grants can be applied, and establish the verification processes for claims, including the requirement for statutory declarations or auditor certificates depending on the claim amount. These measures aim to ensure that the grant process is efficient and that the funds are used effectively to promote Australian exports.

Scope and Application

The Export Market Development Grants Regulations, made under the Export Market Development Grants Act 1974, apply to eligible expenditures incurred by claimants seeking grants for export market development activities. These regulations specify the manner in which claims must be substantiated and verified, depending on the amount of eligible expenditure claimed. Specifically, claims for eligible expenditures of $5,000 or less must be verified by a statutory declaration made by the claimant or a person responsible for the management of the claimant's entity, while claims exceeding $5,000 must be accompanied by a certificate from a registered company auditor or an auditor approved by the Export Development Grants Board. The Act applies to prescribed bodies, which are detailed in Schedule 1, and to activities conducted in markets listed in Schedule 2. These regulations have a national jurisdictional reach and extend the application of the Act by detailing the administrative requirements for grant applications. The regulations do not specify any exclusions or exemptions but implicitly apply to all entities and individuals eligible under the Act.

Key Provisions

The Export Market Development Grants Regulations, made under the Export Market Development Grants Act 1974, detail specific requirements and provisions for entities and individuals seeking grants to develop export markets. Regulation 3 lists the prescribed bodies eligible to apply for grants, specifying entities such as the Australian Apple and Pear Corporation and the Australian Barley Board, among others. Regulation 4 outlines the prescribed markets for which grants can be applied, including countries like Afghanistan, Albania, and the United States of America. Regulation 5 provides the statutory declaration form for claims under section 13 of the Act, requiring a declaration for eligible expenditure not exceeding $5,000. For claims exceeding $5,000, Regulation 6 mandates that the claim be accompanied by a certificate from a registered company auditor or an auditor approved by the Export Development Grants Board, verifying the accuracy and fairness of the claim. The Act imposes specific obligations on the parties involved. Claimants must ensure that their claims comply with the regulations regarding the verification of eligible expenditure. For claims under $5,000, the claimant or a responsible person must execute a statutory declaration affirming the accuracy of the claim. For higher claims, an auditor's certificate is required, ensuring the claim's particulars are true and fair. Additionally, prescribed bodies must adhere to the specific definitions and eligibility criteria outlined in the Act and Regulations. The Export Development Grants Board is tasked with overseeing the grant application process, verifying compliance with the statutory declarations and auditor certificates. The Regulations also outline the consequences for non-compliance. False statements made in statutory declarations can result in penalties under the Statutory Declarations Act 1959-1973. Additionally, any claim found to be fraudulent or inaccurate may be subject to recovery of the grant amount, along with potential legal action. The precise penalties for such breaches are not detailed within the Regulations but would be guided by the broader legislative framework, including the Export Market Development Grants Act 1974 and related statutes.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.