Export Market Development Grants Amendment Regulations 2008 (No. 1)1

Select Legislative Instrument 2008 No. 150

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Export Market Development Grants Act 1997.

Dated 17 July 2008

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

JOHN MURPHY

Parliamentary Secretary to the Minister for Trade

1 Name of Regulations

  These Regulations are the Export Market Development Grants Amendment Regulations 2008 (No. 1).

2 Commencement

  These Regulations commence on the day after they are registered.

3 Amendment of Export Market Development Grants Regulations 2008

  Schedule 1 amends the Export Market Development Grants Regulations 2008.

Schedule 1 Amendments

(regulation 3)

[1] After Part 5

insert

Part 5A Applications for approval — grant years ending on or before 30 June 2008

5A.1 Applications for approval — grant years ending on or before 30 June 2008

  Despite Part 3, and for a grant year ending on or before 30 June 2008, the CEO of Austrade must consider an application for approval as an approved body in accordance with:

 (a) the Export Market Development Grants Regulations as in force immediately before 1 July 2008; and

 (b) the Export Market Development Grants Act 1997 ‑ Guidelines for the approval, variation of approval, and cancellation of approved bodies (1/1997 AB) as in force immediately before 1 July 2008.

[2] After regulation 6.2

insert

6.3 Services for grant years ending on or before 30 June 2008

 (1) Despite regulations 6.1 and 6.2, and for a grant year ending on or before 30 June 2008:

 (a) for the definition of external service in section 107 of the former Act:

 (i) a service, including a legal service, is not an external service if it relates to:

 (A) the sale or purchase of an estate or interest in real or leasehold property in Australia; or

 (B) an enforceable option to purchase an estate or interest in real or leasehold property in Australia; or

 (C) a financial transaction relating to a transaction mentioned in sub‑subparagraph (A) or (B); or

 (D) proceedings or action relating to migration to Australia, including proceedings or action to enter or remain in Australia; and

 (ii) a legal service is not an external service if it relates to:

 (A) proceedings under the Family Law Act 1975; or

 (B) proceedings or action relating to the adoption, custody or welfare of a child; or

 (C) proceedings or action relating to the maintenance of a person (except under a deed, trust or will); and

 (b) for the definition of internal service in section 107 of the former Act, each service mentioned in Schedule 1 to the former Regulations is an internal service; and

 (c) for the definition of tourism service in section 107 of the former Act, each service mentioned in Schedule 2 to the former Regulations is a tourism service.

 (2) In subregulation (1):

former Act means the Act as in force immediately before 23 June 2008.

former Regulations means the Export Market Development Grants Regulations as in force immediately before 1 July 2008.

Note

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.