Commonwealth Numbered Acts

EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT 6

6. (1) In this section, "qualifying goods" means goods to which paragraph 5
(1) (a) applies.

(2) Subject to this section, a reference in this Act to the export earnings of
a person, in relation to a grant year, is a reference to the sum of-

   (a)  in respect of qualifying goods sold in Australia by that person at any
        time and exported by him during that year-so much of the consideration
        received or receivable by that person in respect of the sale and
        export as is attributable to-

        (i)    the free on board value of the goods;

        (ii)   the packaging of the goods; and

        (iii)  export payments insurance premiums in respect of the goods;

   (b)  in respect of qualifying goods exported by that person at any time and
        sold outside Australia by him during that year-an amount equal to the
        amount that would have been calculated in respect of the goods under
        paragraph (a) if they had been sold in Australia;

   (c)  the amount or value of the consideration received by that person
        during that year for the supply by that person at any time of services
        (not including know-how, but including technical advice, training or
        assistance other than know-how) outside Australia less, in the case of
        any service to which section 9 applies, so much of the consideration
        as accrues to another person; and

   (d)  the amount or value of the consideration received by that person
        during that year for the disposal by that person at any time in the
        course of carrying on business in Australia, to persons
        resident outside Australia, for use and enjoyment outside Australia,
        of industrial property rights or of know-how that has, to a
        substantial extent, resulted from research or other work performed in
        Australia.

(3) For the purposes of sub-section (2), where-

   (a)  the Board is satisfied that goods are sold in Australia by a person
        (in
this sub-section referred to as "the seller") to another person (in this
sub-section referred to as "the buyer") in accordance with an arrangement in
pursuance of which-

        (i)    the seller reimburses the buyer for any expenditure incurred by
               the buyer that, but for the reimbursement, would be
               eligible expenditure incurred by the buyer;

        (ii)   the buyer receives from the seller any other consideration in
               respect of or in connexion with the export of the goods; or

        (iii)  the price of the goods is less than the price that would
               reasonably be expected to be payable in the ordinary course of
               business; and

   (b)  the buyer sells for export, or exports and sells, the goods, the Board
        may treat the goods as having been exported by the seller and treat
        the consideration received or receivable by the buyer from any person
        other than the seller in respect of the sale for export or the export
        and sale by the buyer of the goods as being consideration received or
        receivable by the seller, and not by the buyer.

(4) For the purposes of sub-section (2), where the Board is satisfied that a
prescribed body arranges the sale for export or the export and sale of goods
that, immediately before the sale, were owned by another person, the Board may
treat the consideration received or receivable by the prescribed body in
respect of the sale for export or the export and sale of the goods as if the
goods were owned by it immediately before the sale.

(5) For the purposes of paragraph (2) (a)-

   (a)  the date of export of goods exported under a bill of lading shall be
        deemed to be-

        (i)    the date shown on the bill of lading; or

        (ii)   the date on which they are received for shipment at the port or
               airport of export,

whichever is the earlier;

   (b)  the date of export of goods sold as stores for use on ships or
        aircraft that are intended to leave Australia shall be deemed to be
        the date of the sale; and

   (c)  the date of export of any other goods shall be deemed to be the date
        on which they are received for shipment at the port or airport of
        export.

(6) For the purposes of this section, where a person has received or is
entitled to receive an amount under a policy of insurance or otherwise in
respect of loss, destruction or damage that has occurred in respect of goods
owned by him after their export from Australia-

   (a)  in the case of loss or destruction-that person shall be deemed to have
        sold those goods, at the time of the loss or destruction, for a
        consideration equal to that amount; and

   (b)  in the case of damage-

        (i)    if that person has sold the goods for a consideration-the
               consideration shall be deemed to be increased by that amount;
               and

        (ii)   if that person ceased to be the owner of the goods in any other
               manner-he shall be deemed to have sold the goods at the time
               when he so ceased, for a consideration equal to that amount.