Export Market Development Grants Regulations (Amendment)

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Statutory Rules

1979 No. 42

REGULATIONS UNDER THE EXPORT MARKET DEVELOPMENT GRANTS ACT 19741

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

Dated this fifteenth day of March 1979.

ZELMAN COWEN

Governor-General

By His Excellency’s Command,

J. D. ANTHONY

Minister of State for Trade and Resources

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AMENDMENTS OF THE EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS2

1. Regulation 2 of the Export Market Development Grants Regulations is repealed and the following regulation substituted:

Interpretation

“2. In these Regulations—

‘development project’ means a project by way of—

(a) the design, supply or installation of equipment or facilities;

(b) the construction of works; or

and includes any necessary preliminary studies, investigations or planning;

‘fishing operations’ means operations relating directly to—

(a) the taking or catching of fish, turtles, dugong, crustacea or oysters or other shellfish;

(b) the taking or catching of pearl shell, trochus, beche-de-mer or green snails;

(d) the culture of pearls or pearl shell;

‘forest operations’ means the planting or tending in a plantation or forest of trees intended for felling or the felling of trees in

a plantation or forest, and includes the transport by a person who has felled trees in a plantation or forest of those trees or parts of those trees from the plantation or forest to a place where they are to be first subjected to milling or processing (including processing for the production of posts, poles or railway sleepers) or to a place from which they are to be transported to such a place;

‘the Act’ means the Export Market Development Grants Act 1974;

‘tourist attractions’ means—

(a) places possessing outstanding natural features;

(b) parks, nature reserves or wildlife sanctuaries;

(d) museums, art galleries or crafts centres;

(e) places of historical interest;

(f) exhibitions, fairs, festivals or other events that are likely to attract visitors to Australia; or

(g) undertakings approved by the Board, being undertakings that are likely to attract visitors to Australia.”.

Verification of claim

2. Regulation 5 of the Export Market Development Grants Regulations is amended by omitting from sub-paragraph (ii) of paragraph (c) “incorporate” and substituting “unincorporate”.

3. Regulations 7, 8 and 9 of the Export Market Development Grants Regulations are repealed and the following regulations substituted:

Eligible services

“6. Services of each kind specified in Schedule 4 are declared to be eligible services.

Eligible tourist services

“7. Services of each kind specified in Schedule 5, being services of a kind supplied to travellers or tourists, are declared to be eligible tourist services.”.

Schedules

4. The Export Market Development Grants Regulations are amended by adding at the end thereof the Schedules set out in the Schedule to these Regulations.

Application

5. Regulations 6 and 7 of the Export Market Development Grants Regulations as amended by these Regulations apply in respect of claims relating to the grant year that commenced on 1 July 1978 and each succeeding grant year.

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SCHEDULE Regulation 4

SCHEDULES TO BE ADDED AT THE END OF THE EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS

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SCHEDULE 4 Regulation 6

ELIGIBLE SERVICES

1. Technical or advisory services supplied in relation to a development project that is, or is to be, carried out in a country other than Australia, being—

(a) services in the field of architecture;

(b) services in the field of construction;

(d) services in the field of engineering;

(e) services in the field of land survey;

(f) services in the field of quantity surveying; or

(g) services in the field of scientific, technological or economic research or planning.

2. Technical or advisory services supplied in relation to the exploration, prospecting or mining for, or processing of, minerals in a country other than Australia, being—

(a) services in the field of economic evaluation;

(b) services in the field of geological or geophysical survey;

(d) services in the field of mining engineering;

(e) services in respect of mining or quarrying operations; or

(f) services in respect of the processing of petroleum.

3. Advisory Services supplied in relation to a project by way of—

(a) the cultivation of land;

(b) the maintenance of live-stock or poultry;

(d) forest operations,

being a project that is, or is to be, carried out in a country other than Australia.

4. Technical services in the field of transport, being services supplied in relation to—

(a) the transport, by air or by sea, of passengers or freight; or

(b) towing operations at sea,

between a place outside Australia and a place in Australia or another place outside Australia.

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SCHEDULE 5 Regulation 7

ELIGIBLE TOURIST SERVICES

1. The provision of—

(a) accommodation;

(b) convention centres;

(d) passenger transport; or

(e) tour guides.

2. Admission to tourist attractions.

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 March 1979.

2. Statutory Rules 1975 No. 129 as amended by Statutory Rules 1976 Nos. 73, 131 and 228; 1977 Nos. 52 and 153; 1978 No. 150; and 1979 No. 41.

Overview

The Export Market Development Grants Regulations 1979 are legislative instruments made under the authority of the Export Market Development Grants Act 1974 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. These Regulations serve to clarify and expand upon the provisions of the Act, which was enacted to provide financial assistance for projects and services that promote Australian exports to overseas markets. The primary objective of the Export Market Development Grants Act 1974 is to support Australian businesses in expanding their market reach and enhancing their competitive edge abroad through the provision of grants. The Regulations further define what constitutes eligible services and tourist services, thereby ensuring that the financial assistance is directed towards activities that genuinely support and enhance Australia's export efforts.

Scope and Application

The Export Market Development Grants Regulations 1979, made under the Export Market Development Grants Act 1974, provide a detailed framework governing the eligibility and application process for grants aimed at promoting Australian exports. These Regulations apply to entities and individuals seeking grants to fund development projects, technical or advisory services, and tourist services that are intended to enhance Australia's export market presence. Specifically, the Regulations define eligible services as those provided in the fields of architecture, construction, economic evaluation, engineering, land survey, quantity surveying, scientific research, mineral exploration and processing, cultivation, livestock and poultry maintenance, fishing, forestry, transport, and towing operations. Additionally, the Regulations identify eligible tourist services, including accommodation, convention centres, interpreters, passenger transport, tour guides, and admission to tourist attractions. The Regulations apply to claims for the grant year beginning 1 July 1978 and each subsequent year, and they extend their reach through various schedules that list specific services and activities qualifying for grant support. The scope of the Regulations is national, impacting entities and individuals across Australia who are involved in export-related activities.

Key Provisions

The Export Market Development Grants Regulations 1979, made under the Export Market Development Grants Act 1974, introduce specific definitions and criteria for eligible services and tourist services that can benefit from grants. Regulation 2 provides definitions for terms such as 'development project', 'fishing operations', 'forest operations', and 'tourist attractions' (reg 2). These definitions clarify the scope of projects and activities that can qualify for grants, ensuring that the funds are directed towards specific types of developmental and tourist-related services. The Regulations impose obligations on applicants to ensure that their projects and services meet the defined criteria. For example, applicants must demonstrate that their development projects fall within the specified categories, such as the design, supply, or installation of equipment, construction of works, or development of urban or regional areas (reg 2). Similarly, services provided must be those listed in Schedule 4 or Schedule 5, such as technical or advisory services in fields like architecture, engineering, or economic evaluation, or services related to tourism like accommodation, passenger transport, or tour guiding (regs 6 and 7). Failure to comply with the provisions of these Regulations can result in penalties. While the specific penalties are not detailed within the text of these Regulations, breaches of the Export Market Development Grants Act 1974 or its Regulations could potentially lead to civil or criminal consequences. Typically, such breaches might result in fines or other penalties as stipulated in the Act itself or in related legislation, depending on the severity and nature of the breach. The precise penalties would be determined based on the specific circumstances of the non-compliance and any relevant laws in place at the time of the breach.

Area of Law: International Trade Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Eligible Services; Eligible Tourist Services; Enforcement Powers

Interactions

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.

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