Export Market Development Grants Regulations (Amendment)

Overview

Statutory Rules 1977 No. 52, made under the Export Market Development Grants Act 1974, was enacted to provide a regulatory framework for the administration of export market development grants. The Act was introduced to address the need for structured support for Australian businesses seeking to develop and expand their export markets. The problem it aimed to solve was the lack of a formal mechanism to assist Australian exporters in overcoming barriers and seizing opportunities in international markets. The regulations were created by the Governor-General, acting on the advice of the Federal Executive Council, and were designed to align with the policy objective of fostering economic growth through enhanced export capabilities. This legislative instrument provides the necessary adjustments to the Export Market Development Grants Regulations, ensuring that the scheme remains effective and relevant in supporting Australian businesses in the global market.

Scope and Application

The Export Market Development Grants Regulations, made under the Export Market Development Grants Act 1974, primarily apply to the entities listed within the Schedule of the Regulations, which includes various associations, councils, corporations, and limited companies involved in different industries such as agriculture, forestry, dairy, meat supply, wineries, and others. These entities are eligible for export market development grants as specified by the Act. The regulations extend their reach across the Commonwealth of Australia, thereby affecting entities operating within the national jurisdiction. Notably, the Regulations provide specific amendments to the Schedule, expanding the list of eligible entities to include additional associations and cooperatives involved in diverse sectors. This amendment process highlights the adaptability of the Regulations to accommodate new entities and ensure broader industry coverage over time. The scope of the Regulations is further extended through subordinate instruments, which can adjust and refine the application of the primary Act to meet changing economic and industry needs.

Key Provisions

The key operative sections of the Statutory Rules 1977 No. 52, made under the Export Market Development Grants Act 1974, primarily concern amendments to the Export Market Development Grants Regulations. Schedule 1 of the Regulations is amended to update the list of eligible entities that may receive grants for export market development. This includes omitting the Australian Shorthorn Export Association and adding a range of other associations and corporations, such as the Australian Shorthorn Export Association Limited and the Australian Timber Producers Council (Regulation 1(a)). Similarly, the Schedule inserts several new entities after existing ones, including the Friesian Cattle Club of Australia and Honey Corporation of Australia Limited (Regulation 1(b)), and further down the list, Mactaggarts Co-operative Association Limited and Mudgee Co-operative Meat Supply Ltd (Regulation 1(c)). The amended Regulations impose obligations and requirements on these newly listed entities by allowing them to apply for grants under the Export Market Development Grants Act 1974. These grants are intended to support activities that enhance the development and expansion of export markets for Australian products. The entities must meet specific criteria and provide evidence of their export market development activities to qualify for the grants. The amendments ensure that a broader range of Australian businesses and associations can benefit from these grants, thereby promoting the diversification and growth of Australian exports. Failure to comply with the requirements set out in the amended Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The Act does not specify penalties within the text of the Regulations themselves but generally, breaches of legislative instruments can attract penalties under the Acts Interpretation Act 1901. Civil penalties might include fines, while more severe breaches could result in criminal penalties, including imprisonment. The exact penalties would be determined based on the specific breach and the discretion of the court. In summary, the Statutory Rules 1977 No. 52 update the list of eligible entities for export market development grants, expanding the scope of support available to a wider range of Australian businesses. These amendments ensure that more entities can access funding to develop and expand their export markets, contributing to the broader economic objectives of the Australian government. Non-compliance with the Regulations may lead to civil or criminal penalties, reinforcing the importance of adhering to the legislative requirements.