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Export Market Development Grants Act 1997
In force
Administered by
Department of Foreign Affairs and Trade
Superseded version
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C2004A05155
30 April 1997
-
14 July 1999
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Table of contents
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Part 1—Preliminary
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 previous grant years
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Division 2—Export earnings
9 Object of Division
10 Export earnings—general
11 Export earnings—approved joint venture
12 Export earnings—adjustments by Austrade
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Division 3—Insolvency administration
13 Persons disqualified from receiving a grant
14 When is an individual under insolvency administration?
15 When is a body corporate under insolvency administration?
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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—Registration and grants entry test
18 Persons affected by Division
19 Registration
20 Taking of grants entry test
21 Requirements of grants entry test
22 Austrade may request information relevant to grants entry test
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Part 4—Eligible products
23 Object of Part
24 Eligible goods
25 Eligible services
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 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
35 What are reasonable expenses?
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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.
50 Expenses (new markets)
51 Expenses that involve payments to an approved trading house
52 Expenses of approved trading house
53 Expenses of approved joint venture
54 Expenses of applicant carrying on business in different capacities
55 Expenses incurred by applicant to increase return on disposal of eligible intellectual property etc. to a related company
56 Expenses relating to illegal activities
57 Expenses associated with “X”-rated films
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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 Applicant party to transaction resulting in applicant obtaining grant etc.
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 Austrade etc. receives it
72 Austrade may ask applicant etc. for further information etc.
73 Grounds on which Austrade may refuse to consider 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 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 3—Determining entitlement to, and making payment of, grant
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Subdivision 1—Duties of Austrade
80 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
86 Disqualifying conviction outstanding against grantee etc.
87 Grantee etc. under insolvency administration
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Part 8—Miscellaneous
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Division 1—Approved bodies, approved trading houses 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. on allocation of eligible expenses etc.
93 Object of Division
94 Change in ownership of business etc.
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Division 3—Applicant party to transaction resulting in applicant obtaining grant etc.
95 Object of Division
96 Adjustments that may be made by Austrade
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Division 4—Review of decisions
97 Reviewable decisions
98 Reconsideration of reviewable decisions
99 AAT review of Austrade’s decisions
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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 7—Conduct by directors, employees and agents
102 Conduct by directors, employees and agents
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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
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Part 9—Interpretation
107 Definitions
108 Conviction
109 Sale of eligible goods
110 Seller taken to export eligible goods in certain circumstances
111 Disposal of eligible intellectual property or eligible know-how
112 When joint venture taken to be a partnership
113 New market
114 Resident of Australia