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Export Market Development Grants Act 1997
In force
Administered by
Department of Foreign Affairs and Trade
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C2016C00609 C21
01 May 2016
-
30 June 2016
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Part 1—Preliminary
1 Short title
2 Commencement
3 Object of Act
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Part 2—Entitlement to grant
4 Entitlement to grant
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Part 3—Persons eligible for a grant
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Division 1—General
5 Object of Part
6 Who is eligible for a grant?
7 General rules for eligibility
8 Grantees in respect of grant years
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Division 2—Australian net benefit requirements
9 The CEO of Austrade must decide whether person meets Australian net benefit requirements
10 Australian net benefit requirements
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Division 4—Outstanding disqualifying convictions
16 Disqualifying convictions
17 When is a disqualifying conviction outstanding?
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Division 5—Grants entry requirements
18 Persons affected by Division
20 The CEO of Austrade must decide whether person meets grants entry requirements
21 Determination of grants entry requirements to take account of prospects of success of export enterprise
22 The CEO of Austrade may request information
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Part 4—Eligible products
23 Object of Part
24 Eligible goods
25 Eligible services
25A Eligible events
26 Eligible intellectual property
27 Eligible know-how
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Part 5—Eligible expenses
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Division 1—General
28 Object of Part
29 Eligible expenses—general
30 Eligible expenses—adjustments by the CEO of Austrade
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Division 2—Claimable expenses in respect of eligible promotional activities
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Subdivision 1—General
31 Object of Division
32 Meaning of agent
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Subdivision 2—Eligible promotional activity and claimable expenses defined
33 Claimable expenses in respect of eligible promotional activities
34 Expenses relating to a marketing visit
34A Expenses relating to bringing buyers to Australia
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Subdivision 3—Approved promotional purposes
36 Object of Subdivision
37 Approved promotional purpose—eligible products
38 Approved promotional purpose—return on disposal of eligible intellectual property etc.
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Subdivision 4—Excluded expenses
39 Object of Subdivision
40 Guide to Subdivision
41 Capital expenses
42 Expenses incurred when applicant not resident of Australia
43 Expenses related to trade with New Zealand
44 Expenses incurred in breach of trade sanction
45 Expenses (other financial assistance schemes)
46 Expenses for which applicant is paid
47 Expenses disclosed after submitting application
48 Taxes etc.
49 Expenses incurred as commission, discounts etc.
53 Expenses of approved joint venture
54 Expenses of applicant carrying on business in different capacities
56 Expenses relating to illegal activities
56A Expenses of over $10,000 paid in cash by applicant
57 Expenses associated with publications, films and computer games of certain classifications
57A Expenses associated with commercial content services that specialise in prohibited content or potential prohibited content
57B Expenses associated with telephone sex services
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Division 3—When are expenses incurred?
58 General rule
59 Expenses relating to goods etc. provided during grant year
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Part 6—Amount of grant
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Division 1—General
60 Object of Part
61 Guide to Part
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Division 2—How to work out an applicant’s provisional grant amount
62 Guide to Division
63 General rule
64 If applicant’s eligible expenses are adjusted by the CEO of Austrade
65 Applicant is a member of a related company group
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Division 3—How to work out amount of grant
66 Object of Division
67 Amount of grant
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Division 4—Initial payment ceiling amount, balance distribution date and payout factor
68 Determination of initial payment ceiling amount etc.
69 Payout factor
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Part 7—Application for, and payment of, grant
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Division 1—Applying for a grant
70 How to apply for a grant
71 Application made when the CEO of Austrade etc. receives it
72 The CEO of Austrade may ask applicant etc. for further information etc.
73 Grounds on which the CEO of Austrade may refuse to consider application
73A Applicant chooses grants option B—information or documents to accompany application
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Division 2—Disqualified individual not to help in preparing application
74 Application of Division
75 Application taken not to have been made if individual helps, in a prescribed capacity, to prepare it
76 The CEO of Austrade must notify applicant that application taken not to have been made
77 When applicant may make fresh application
78 Disqualified individual
79 Consent to enable check of criminal records
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Division 2A—Fit and proper person test for export market development grants consultants
79A Fit and proper person test—excluded consultants
79B Rejection of application prepared by, or with the help of, an excluded consultant
79C The CEO of Austrade must notify applicant of rejection
79D When applicant may make fresh application
79E Excluded consultant may apply for revocation of determination
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Division 3—Determining entitlement to, and making payment of, grant
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Subdivision 1—Duties of the CEO of Austrade
80 The CEO of Austrade must determine applicant’s entitlement to grant etc.
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Subdivision 2—When grant payable
81 Payment where applicant becomes entitled to grant before balance distribution date
82 Payment where applicant becomes entitled to grant after balance distribution date
83 Payment of grant—applicant member of a related company group
84 Payment of grant—approved joint venture
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Subdivision 3—Circumstances in which grant not payable
85 Person not resident of Australia
85A Person without an ABN
86 Disqualifying conviction outstanding against person
87 Person under insolvency administration
87A Provider of course to overseas students is not registered
87AA Person or associate is not fit and proper
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Subdivision 4—Meaning of under insolvency administration
87B When is an individual under insolvency administration?
87C When is a body corporate under insolvency administration?
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Part 8—Miscellaneous
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Division 1—Approved bodies and approved joint ventures
88 Applications for approval
89 Approval
90 When approval takes effect and expires
91 Procedure for cancellation of approval
92 Limit on number of approved joint ventures of which person may be a member
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Division 2—Effect of change in ownership of business etc.
93 Object of Division
94 Change in ownership of business etc.
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Division 3—Power to adjust expenses and provisional grant amounts
95 Object of Division
96 Adjustments that may be made by the CEO of Austrade
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Division 4—Review of decisions
97 Reviewable decisions
98 Reconsideration of reviewable decisions
99 AAT review of decisions of CEO of Austrade
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Division 5—Accreditation of export market development grants consultants
100 Accreditation of export market development grants consultants
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Division 6—Guidelines
101 Guidelines
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Division 8—Repayment of grant etc.
103 Repayment of grant etc.—conviction
104 Repayment of grant etc.—making of false statement etc.
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Division 9—General
105 Administration costs
106 Regulations
106A Review of the scheme
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Part 9—Interpretation
107 Definitions
108 Conviction
109 Sale of eligible goods
111 Disposal of eligible intellectual property or eligible know-how
112 When joint venture taken to be a partnership
114 Resident of Australia
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history