Commonwealth Consolidated Acts

EXPORT MARKET DEVELOPMENT GRANTS ACT 1997 - SECT 37

             (1)  For the purposes of section 33, an eligible promotional activity in relation to an applicant is for an approved promotional purpose if it is carried out for the purpose of creating, seeking or increasing demand or opportunity in a foreign country for any of the following:

                     (a)  eligible goods owned by the applicant and that the applicant intends to sell for export or to export and sell;

                     (b)  if the applicant is making goods in Australia--eligible goods:

                              (i)  made in Australia by the applicant; and

                             (ii)  that any person intends to sell for export or to export and sell;

                     (c)  eligible goods that:

                              (i)  are not made in Australia; and

                             (ii)  any person intends to sell outside Australia;

                     (d)  if the applicant is not an approved body or an approved trading house--eligible services that the applicant intends to sell to persons that are not residents of Australia;

                    (da)  if the applicant is not an approved body or an approved trading house--eligible tourism services that the applicant intends to sell, or has sold:

                              (i)  to a person that is a resident of Australia; but

                             (ii)  for sale by that resident, in the course of trade, to persons that are not residents of Australia;

                     (e)  if the applicant is not an approved body--eligible intellectual property or eligible know‑how:

                              (i)  owned by the applicant; and

                             (ii)  that the applicant intends to dispose of;

                      (f)  if the applicant is an approved body or approved trading house--eligible intellectual property or eligible know‑how:

                              (i)  owned by another person; and

                             (ii)  that the other person intends to dispose of;

                     (g)  if the applicant is an approved body:

                              (i)  eligible goods made in Australia and that any other person intends to sell for export or to export and sell; or

                             (ii)  eligible services supplied by another person.

Note 1:       For foreign country see section 22 of the Acts Interpretation Act 1901 . For export see section 107 of this Act. For sell see section 109 of this Act and for dispose see section 111 of this Act.

Note 2:       Decisions whether goods are made in Australia are subject to guidelines determined by the Minister under section 101.

          (1A)  For the purposes of section 33, if an applicant is incorporated under the Corporations Act 2001 , the CEO of Austrade may determine that an eligible promotional activity in relation to the applicant is for an approved promotional purpose if:

                     (a)  a related entity of the applicant satisfies the requirements of paragraph (1)(a), (c), (d), (da) or (e); and

                     (b)  the activity in relation to the applicant would be for an approved promotional purpose if instead the applicant had satisfied the requirements of that paragraph.

Note:          For related entity see subsection (4).

             (2)  For the purposes of section 33, an eligible promotional activity in relation to an applicant is for an approved promotional purpose if it is carried out for the purpose of promoting an eligible event, for which the applicant is an events promoter, to persons outside Australia.

             (3)  An eligible promotional activity is not for an approved promotional purpose if it is carried out for the purpose of soliciting sponsorship for an eligible event.

Definitions

             (4)  For the purposes of subsection (1A), an entity (the first entity ) is a related entity of another entity (the second entity ) if:

                     (a)  the first entity controls, or is controlled by, the second entity (within the meaning of section 50AA of the Corporations Act 2001 ); or

                     (b)  the same shareholder or shareholders own all the shares in both the first entity and the second entity; or

                     (c)  the first entity is a director of the second entity.

             (5)  In this section:

"entity" means:

                     (a)  an individual who is a resident of Australia; or

                     (b)  a body incorporated under the Corporations Act 2001 .