Export Market Development Grants Regulations (Amendment)

Overview

The Export Market Development Grants Regulations (Amendment) 1991 No. 246 was enacted to address the outdated nature of Schedule 7 within the Export Market Development Grants Regulations 1974, which listed authorities or associations eligible for grants. This schedule had become obsolete due to the Commonwealth's initiative to amalgamate tertiary institutions. The amendments were made under the authority of the Minister for Industry, Technology and Commerce and aim to align the eligibility criteria for grants with the current landscape of tertiary education institutions. The policy objective is to ensure that the Export Market Development Grants scheme effectively supports educational services both within and outside Australia by updating the list of eligible bodies to reflect recent changes in the tertiary education sector.

Scope and Application

The Export Market Development Grants Regulations (Amendment) 1991 No. 246 amends the Export Market Development Grants Regulations 1987, which operate under the Export Market Development Grants Act 1974. The amendment specifically updates Schedule 7 of the Principal Regulations to reflect the recent changes in tertiary institutions, primarily due to the Commonwealth's amalgamation initiative. The amended regulations apply to authorities and associations specified in the updated Schedule 7, determining their eligibility for grants except in respect of specified educational services provided outside Australia or eligible internal educational services. The geographic reach of these regulations is national, as they pertain to entities involved in educational services both within Australia and internationally. Any exclusions or exemptions are outlined in the updated Schedule 7, which now aligns with the current structure of tertiary institutions. The Act extends its application through the subordinate instrument of the amending Regulations, ensuring that the scope of entities eligible for grants remains current and reflective of institutional changes.

Key Provisions

The main operative sections of the Export Market Development Grants Regulations (Amendment) 1991 No. 246 involve the amendment of Regulation 10 of the Export Market Development Grants Regulations (the Principal Regulations). Specifically, the amendment updates Schedule 7, which lists authorities or associations eligible for grants. The updated Schedule 7 now reflects recent changes in the tertiary education sector, particularly in light of the Commonwealth's amalgamation initiative (Regulation 10(1)). This means that the new Schedule 7 will provide a more accurate and current list of eligible bodies, ensuring that grants are appropriately allocated. The obligations and requirements imposed by these amending Regulations are primarily concerned with ensuring that the list of eligible authorities and associations is current and reflective of the current landscape of tertiary institutions. By repealing the outdated Schedule 7 and inserting an updated version, the Regulations ensure that the process for determining grant eligibility remains fair and relevant (Regulation 10(1)). This amendment aims to prevent the exclusion of eligible bodies due to outdated information, and ensures that grants can be appropriately awarded to those entities that provide eligible educational services either within or outside Australia. In terms of potential breaches and consequences, the amending Regulations themselves do not outline specific offences or penalties. However, any failure to comply with the updated Schedule 7, such as by awarding grants to ineligible entities or failing to recognise eligible ones, could lead to administrative or legal repercussions under the Export Market Development Grants Act 1974. Such breaches could result in the recovery of improperly awarded grants or other corrective actions, depending on the specific circumstances and the interpretation of the Act by relevant authorities. Overall, the Export Market Development Grants Regulations (Amendment) 1991 No. 246 are intended to ensure that the grant allocation process remains efficient and accurate, reflecting the current structure of tertiary institutions in Australia. By updating Schedule 7, the Regulations aim to maintain the integrity and relevance of the grant distribution process.