Commonwealth Consolidated Acts

EXPORT MARKET DEVELOPMENT GRANTS ACT 1997

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement  
   3.      Object of Act  

   PART 2--ENTITLEMENT TO GRANT

   4.      Entitlement to grant  

   PART 3--PERSONS ELIGIBLE FOR A GRANT

           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  

           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  

           Division 4--Outstanding disqualifying convictions

   16.     Disqualifying convictions  
   17.     When is a disqualifying conviction outstanding?  

           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  

   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  

   PART 5--ELIGIBLE EXPENSES

           Division 1--General

   28.     Object of Part  
   29.     Eligible expenses--general  
   30.     Eligible expenses--adjustments by the CEO of Austrade  

           Division 2--Claimable expenses in respect of eligible promotional activities

              Subdivision 1--General

   31.     Object of Division  
   32.     Meaning of agent  

              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  

              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.  

              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.  
   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  
   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  

           Division 3--When are expenses incurred

   58.     General rule  
   59.     Expenses relating to goods etc. provided during grant year  

   PART 6--AMOUNT OF GRANT

           Division 1--General

   60.     Object of Part  
   61.     Guide to Part  

           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  

           Division 3--How to work out amount of grant

   66.     Object of Division  
   67.     Amount of grant  

           Division 4--Initial payment ceiling amount, balance distribution date and payout factor

   68.     Determination of initial payment ceiling amount etc.  
   69.     Payout factor  

   PART 7--APPLICATION FOR, AND PAYMENT OF, GRANT

           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  

           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  

           Division 3--Determining entitlement to, and making payment of, grant

              Subdivision 1--Duties of the CEO of Austrade

   80.     The CEO of Austrade must determine applicant's entitlement to grant etc.  

              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  

              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  

              Subdivision 4--Meaning of under insolvency administration

   87B.    When is an individual under insolvency administration?  
   87C.    When is a body corporate under insolvency administration?  

   PART 8--MISCELLANEOUS

           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  

           Division 2--Effect of change in ownership of business etc

   93.     Object of Division  
   94.     Change in ownership of business etc.  

           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  

           Division 4--Review of decisions

   97.     Reviewable decisions  
   98.     Reconsideration of reviewable decisions  
   99.     AAT review of decisions of CEO of Austrade  

           Division 5--Accreditation of export market development grants consultants

   100.    Accreditation of export market development grants consultants  

           Division 6--Guidelines

   101.    Guidelines  

           Division 8--Repayment of grant etc

   103.    Repayment of grant etc.--conviction  
   104.    Repayment of grant etc.--making of false statement etc.  

           Division 9--General

   105.    Administration costs  
   106.    Regulations  
   106A.   Review of the scheme  

   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