Commonwealth Numbered Acts

EXPORT MARKET DEVELOPMENT GRANTS ACT 1997 No. 57 of 1997 - SECT 10

(1) Subject to subsections (3), (5) and (6) and section 12, the export
earnings of a person (other than an approved joint venture) for a grant year
are worked out by ascertaining from the following table, and adding up, the
relevant earnings of the person for the eligible products referred to in
column 2 of the table. Note: For person, approved joint venture, grant year
and eligible product see section 107.
Export earnings
Column 1    Column 2             Column 3

Item        Eligible products    Relevant earnings

1           eligible goods:


   (a)  sold at any time in Australia by the person; and

   (b)  exported by the person during the grant year
so much of the amount or value of the
consideration received, or
receivable, for the sale and export
of the goods as is attributable to
the free on board value of the goods
2           eligible goods:


   (a)  exported by the person at any time; and

   (b)  sold outside Australia by the person during the grant
year
the amount or value of the
consideration that would be, under
item 1, relevant earnings for those
goods if the goods had been sold in
Australia
3           an eligible external service supplied at any time by the

person
the amount or value of the
consideration received during the
year for the supply of that service
less so much of the consideration as
is, in Austrade's opinion, paid, or
payable, outside Australia in
relation to that service
4           an eligible internal service supplied at any time by the

person
the amount or value of the
consideration received during the
year for the supply of that service
5           an eligible tourism service (indirect tourism service)

supplied by the person:

   (a)  to another person that is a resident of Australia
(inbound tour operator); but

   (b)  for supply by the inbound tour operator, in the course
of trade, to a person that is not a resident of Australia
20% of the amount or value of the
consideration received during the
year for the supply of the service
to the inbound tourist operator
6           if the person is an inbound tour operator-an indirect

tourism service supplied at any time by the person to a
person that is not a resident of Australia
80% of the amount or value of the
consideration received during the
grant year for the supply of that
service
7           an eligible tourism service (other than an indirect

tourism service) supplied at any time by the person to a
person that is not a resident of Australia
the amount or value of the
consideration received during the
year for the supply of that service
8           eligible intellectual property or know-how disposed of at

any time by the person
the amount or value of the
consideration received during the
year for that disposal Note: For eligible goods, export, supply, Australia,
Austrade, eligible external service, eligible internal service, eligible
tourism service, disposal, eligible intellectual property and eligible know-
how see section 107. See also sections 109, 110 and 111.

(2) For the purposes of subsection (1):

   (a)  the date of export of goods exported under a bill of lading or an air
        waybill is the earlier of:

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

        (ii)   the date on which the goods are received for shipment at the
               port or airport of export; and

   (b)  the date of export of goods sold as stores for use on ships or
        aircraft leaving Australia is the date of the sale; and

   (c)  the date of export of goods (for example, ships or aircraft) that are
        taken out of Australia under their own power for the purpose of being
        exported is the date on which the goods leave Australia; and

   (d)  the date of export of any other goods is the date on which they are
        received for shipment at the port or airport of export.

(3) Any consideration for the sale, supply or disposal of an eligible product
in the following circumstances is to be disregarded in working out the export
earnings of the person:

   (a)  a sale, supply or disposal of an eligible product in the course of
        trade with New Zealand;

   (b)  a sale, supply or disposal of an eligible product in the course of
        trade with a foreign country that has been declared by the Minister,
        in writing, to be subject to trade sanctions;

   (c)  if the person is a member of an approved joint venture-a sale, supply
        or disposal of an eligible product that relates directly to the
        approved activity, project or purpose of the joint venture. Note: For
        eligible product, approved joint venture and approved activity,
        project or purpose see section 107. For foreign country see section 22
        of the Acts Interpretation Act 1901.

(4) A declaration under paragraph (3)(b) is a disallowable instrument for the
purposes of section 46A of the Acts Interpretation  Act 1901 .

(5) In working out the export earnings of a person that has applied for a
grant in the capacity of trustee of a trust estate, disregard any earnings of
the person that are not derived from the business carried on for the purposes
of the trust estate.

(6) In working out the export earnings of a person that:

   (a)  has applied for a grant in the person's own right; but

   (b)  is also a trustee, or a beneficiary, of a trust estate; disregard any
        earnings of the person from the business carried on for the purposes
        of the trust estate.