Commonwealth Numbered Acts

EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT 3

3. (1) In this Act, unless the contrary intention appears-



"authority or association" means-

   (a)  an authority constituted by a law of Australia or of a State or
        internal Territory;

   (b)  a co-operative association; or

   (c)  any other body or association, corporate or unincorporate,
        representing the interests of an industry or of a substantial part of
        an industry,

that has the function of promoting any of the activities referred to in
paragraphs 4 (1) (a), (b), (c) and (d);



"Board" means the Board established by this Act;



"claim" means a claim under section 13, and "claimant" has a corresponding
meaning;



"company" includes all bodies and associations, corporate or unincorporate,
but does not include partnerships;



"disposal" includes sale, grant, assignment or supply, and "disposed of" has a
corresponding meaning;



"eligible expenditure" has the meaning given by section 4;



"eligible goods" has the meaning given by section 5;



"export" means export from Australia, but does not include export by way of
gift, or the taking or sending of goods out of Australia with the intention
that the goods will at some later time be brought or sent back to Australia to
remain permanently in Australia;



"export earnings" has the meaning given by section 6;



"Government sponsored promotion" means the promotion of any of the activities
referred to in paragraphs 4 (1) (a), (b), (c) and (d) by means of-

   (a)  the doing of an act outside Australia;

   (b)  the export of a publication; or

   (c)  the production and issue, outside Australia, of a supplement to a
        newspaper or periodical that is produced and distributed outside
        Australia,

being an act, publication or supplement that is organized or sponsored by the
Department of Overseas Trade;



"grant" means a grant under this Act;



"grant entitlement" has the meaning given by section 15;



"grant year" means the year commencing on 1 July 1974 or any of the 4 next
succeeding years;



"group of corporations" has the meaning given by section 10;



"industrial property rights" means rights in relation to inventions or trade
marks, or copyright in relation to works, designs and other things, being-

   (a)  inventions, works, designs or things that have, to a substantial
        extent, resulted from research or work performed in Australia; or

   (b)  trade marks that have been used commercially in Australia and were
        not, before that use, used commercially in any other country;

"know-how" means scientific or technological knowledge or information in
relation to industrial operations, and includes drawings, models or other
material things, or services, supplied for the purpose of enabling or
facilitating the use or enjoyment of such knowledge or information or of
industrial property rights;



"market" means-

   (a)  a prescribed country, other than Australia; or

   (b)  a prescribed external Territory;



"member" means a member of the Board;



"new claimant" has the meaning given by section 8;



"new market" has the meaning given by section 7;



"person" includes a company or a partnership;



"prescribed body" means an authority or association that is prescribed;



"resident of Australia" and "resident outside Australia" have the respective
meanings given by section 11;



"sale for export" does not include sale to a resident of Australia, and

"sells for export" has a corresponding meaning.

(2) For the purposes of this Act, where an act is done by an agent on behalf
of his principal, it shall be deemed to be done by the principal and not by
the agent.

(3) For the purposes of this Act, where a person sells goods, at a time when
the goods are in Australia, to a buyer resident outside Australia and the
goods are later exported by the buyer, the goods shall be deemed to be
exported by the first-mentioned person.