Commonwealth Consolidated Acts

EXPORT MARKET DEVELOPMENT GRANTS ACT 1997 - SECT 107

             (1)  In this Act, unless the contrary intention appears:

"ABN" has the same meaning as in the A New Tax System (Australian Business Number) Act 1999 .

"approved activity, project or purpose" , in relation to an approved joint venture, means the activity, project or purpose for which the joint venture is approved under section 89.

"approved body" means any body corporate, co-operative or association that is approved by the CEO of Austrade as an approved body under section 89.

"approved joint venture" means a group of persons that is approved by the CEO of Austrade as a joint venture under section 89.

"approved promotional purpose" has the meaning given by Subdivision 3 of Division 2 of Part 5.

"approved trading house" means a person that is approved by the CEO of Austrade as an approved trading house under section 89.

"associate" means:

                     (a)  in relation to a company--a director of the company; or

                     (b)  in relation to an association or a co‑operative--a member of the body (however described) that governs, manages, or conducts the affairs of, the association or co‑operative; or

                     (c)  in relation to a body corporate referred to in paragraph 6(1)(g):

                              (i)  if subparagraph (ii) does not apply--a member of the body corporate; or

                             (ii)  if another body is responsible for the management, or the conduct of the affairs, of the body corporate--a member of that body; or

                     (d)  in relation to a partnership:

                              (i)  an individual, or a body corporate, that is a member of the partnership; or

                             (ii)  an individual who is a director of a company, or a member of any other body corporate, that is a member of the partnership; or

                     (e)  in relation to an approved joint venture:

                              (i)  an individual, or a body corporate, that is a member of the joint venture; or

                             (ii)  an individual, or a body corporate, that is a partner of a partnership that is a member of the joint venture; or

                            (iii)  an individual who is a director of a company, or a member of any other body corporate, that is a member of the joint venture.

"association" means an association incorporated under an Australian law.

"Austrade" means the Australian Trade Commission established by section 7 of the Australian Trade Commission Act 1985 .

"Australian law" means a law of the Commonwealth, of a State or of a Territory.

"Australian net benefit requirements" means the Australian net benefit requirements determined under section 10.

"balance distribution date" , in relation to a grant year, means the date determined by the Minister under section 68 to be the balance distribution date for that year.

"CEO of Austrade" means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade Commission Act 1985 .

"child" : without limiting who is a child of an individual for the purposes of this Act, someone is the child of an individual if he or she is a child of the individual within the meaning of the Family Law Act 1975 .

"Classification Board" means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995 .

"commercial content service" has the same meaning as in Schedule 7 to the Broadcasting Services Act 1992 .

"company" means a body incorporated under the Corporations Act 2001 .

"computer game" has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995 .

"conviction" has a meaning affected by section 108.

"co-operative" means a co-operative incorporated under an Australian law.

"course" has the same meaning as in the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 .

de facto partner of an individual has the meaning given by the Acts Interpretation Act 1901 .

"disposal" , in relation to intellectual property or know-how, includes sale, grant, assignment or supply.

Note:          See also section 111.

"disqualifying conviction" has the meaning given by section 16.

"eligible event" has the meaning given by section 25A.

"eligible expenses" has the meaning given by Division 1 of Part 5.

"eligible goods" has the meaning given by section 24.

"eligible intellectual property" has the meaning given by section 26.

"eligible know-how" has the meaning given by section 27.

"eligible non-tourism service" has the meaning given by subsection 25(1).

"eligible products" means:

                     (a)  eligible goods; or

                     (b)  eligible services; or

                    (ba)  eligible events; or

                     (c)  eligible intellectual property; or

                     (d)  eligible know‑how.

"eligible promotional activity" has the meaning given by subsection 33(1).

"eligible services" means:

                     (a)  eligible non‑tourism services; or

                     (c)  eligible tourism services.

"eligible tourism service" has the meaning given by subsection 25(2).

"event" includes a conference, a meeting, a convention, an exhibition and a sporting, cultural or entertainment event.

"event holder" , in relation to an event, means the person holding the event.

"events promoter" , for an event, means a person that markets the event, under a written contract between the person and the event holder, to persons outside Australia.

"export" means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.

"export market development grants consultant" means a person who asks for, or receives, any fee for any work relating to the preparation of an application for a grant.

"film" has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995 .

"grant" means a grant under this Act.

"grantee" means a person that has received, or is entitled to receive, a grant under this Act or under the repealed Act in respect of a grant year (other than a grant that must be disregarded because of subsection 8(1)).

"grants entry requirements" means the grants entry requirements determined under subsection 21(1).

"grant year" means:

                     (a)  a year commencing on 1 July during the period from the start of 1 July 1996 to the end of 30 June 2011; or

                     (b)  a grant year within the meaning of the repealed Act other than a year commencing on or after 1 July 1996.

"income" , in relation to a person, means:

                     (a)  any income of the person that:

                              (i)  is assessable income under the Income Tax Assessment Act 1936 ; or

                             (ii)  if that Act does not apply to the person--would be assessable income under that Act if it applied to the person; or

                     (b)  any money (other than income referred to in paragraph (a)) that the person receives by way of financial assistance from:

                              (i)  the Commonwealth, a State or a Territory; or

                             (ii)  a body established by or under an Australian law; or

                     (c)  if the person is a body corporate referred to in paragraph 6(1)(g)--any payment to the body from money appropriated by the Parliament of the Commonwealth, of a State or of a Territory for the purposes of the body.

"initial payment ceiling amount" , in relation to a grant year, means the amount determined by the Minister under section 68 to be the initial payment ceiling amount for that grant year.

"intellectual property" does not include rights relating to know-how.

"nominated contact member" , in relation to an approved joint venture, means the member who is specified in the joint venture's approval as being the nominated contact member.

"non-tourism service" means a service other than:

                     (a)  a tourism service; or

                     (b)  a service specified in the regulations.

Note:          For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003 .

"overseas student" has the same meaning as in the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 .

"parent" : without limiting who is a parent of an individual for the purposes of this Act, someone is the parent of an individual if the individual is his or her child because of the definition of child in this section.

"partnership" means a partnership that is regulated in accordance with the law of a State or Territory.

Note:          See also section 112.

"payout factor" , in relation to a grant year, means the factor determined by the CEO of Austrade under section 69 in respect of that grant year.

"person" includes a partnership and an approved joint venture.

Note:          This definition widens the ordinary meaning of person which, under section 22 of the Acts Interpretation Act 1901 , includes a body politic or corporate as well as an individual.

"potential prohibited content" has the same meaning as in Schedule 7 to the Broadcasting Services Act 1992 .

"prohibited content" has the same meaning as in Schedule 7 to the Broadcasting Services Act 1992 .

"provisional grant amount" has the meaning given by Division 2 of Part 6.

"publication" has the same meaning as in the Classification (Publications, Films and Computer Games) Act 1995 .

"registered provider" has the same meaning as in the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 .

"related company" , in relation to a body corporate that has applied for a grant in respect of a grant year, means a body corporate that is related (within the meaning of section 50 of the Corporations Act 2001 ) to the first body corporate as at 30 June in the grant year.

"related company group" means a group of related companies.

"relative" , in relation to an individual, means:

                     (a)  a spouse of the individual; or

                     (b)  any individual who is, or is a spouse of, a parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child of that individual.

"repealed Act" means the Export Market Development Grants Act 1974 .

"resident of Australia" has the meaning given by section 114.

"sale" has a meaning affected by section 109.

"spouse" includes a de facto partner.

"supply" means supply for consideration.

"telephone sex service" has the meaning given by section 158J of the Telecommunications (Consumer Protection and Service Standards) Act 1999 .

"Territory" means an internal Territory.

"tourism service" means a service prescribed for the purposes of this definition.

"under insolvency administration" has the meaning given by sections 87B and 87C.

             (2)  For the purposes of paragraph (b) of the definition of relative in subsection (1), relationships to an individual may also be traced to or through another individual who is:

                     (a)  a de facto partner of the first individual; or

                     (b)  an exnuptial or adoptive child of the first individual; or

                     (c)  related to the first individual because of the definitions of child and parent in this section.