EXPLANATORY STATEMENT
Export Market Development Grants (Significant Net Benefit) Guidelines 2016
Authority
The Export Market Development Grants (Significant Net Benefit) Guidelines 2016 is made by the Minister for Trade and Investment under paragraph 101(1)(baa) of the Export Market Development Grants Act 1997 (the EMDG Act).
Purpose
This Legislative Instrument details Guidelines to be complied with by Chief Executive Office (CEO) of Austrade in determining, for paragraph 24(b) of the EMDG Act, whether Australia will derive a significant net benefit from the sale of goods outside Australia.
Background
The EMDG Act provides for grants to eligible Australian businesses which have incurred eligible 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.
Entitlement to a grant depends on (among other things) whether the goods are made in Australia or for the purposes of section 24(b) of the EMDG Act where the CEO of Austrade is satisfied that Australia may still derive a ‘significant net benefit’ from the export of the goods. A separate guideline exists for goods 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.
Decisions in relations to the eligibility of goods for EMDG purposes are subject to review in the Administrative Appeals Tribunal.
Commencement
The Guideline is made to repeal and replace the Export Market Development Grants (Significant Net Benefit) Guidelines 2006, which is due to sunset on 1 October 2016.
The Guideline is the same in substance as the Export Market Development Grants (Significant Net Benefit) Guidelines 2006.
The Guidelines apply when working entitlement to a grant in respect a grant made on or after 1 July 2016.
Consultation
Austrade conducted extensive stakeholder consultations before remaking this instrument. All stakeholder responses supported this instrument being remade, unchanged.
Regulation Impact Statement
The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required (reference: OBPR 20848).
This Guideline is a Legislative Instrument for the purposes of the Legislation Act 2003.
This Guideline is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment A.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Export Market Development Grants (Significant Net Benefit) Guidelines 2016
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2001.
Overview of the Legislative Instrument
The Legislative Instrument allows the Chief Executive Officer of Austrade to determine circumstances in which Australia may still derive a ‘significant net benefit’ from the export of goods that are not made in Australia.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.