Commonwealth Numbered Acts

EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT ACT (No. 2) 1990 No. 8 of 1991 - SECT 9

9. Section 14 of the Principal Act is repealed and the following section is
substituted: Eligibility for grant

"14. (1) Subject to subsections (2), (4), (6), (7), (8) and (9), a claimant is
eligible for a grant in respect of a grant year if:

   (a)  the claimant has incurred eligible expenditure in the grant year; and

   (b)  the amount of the claimant's eligible expenditure for the grant year
        is $30,000 or more; or

   (c)  in respect of a claimant in his or her first grant year after the
        commencement of this section and who elects in writing that this
        paragraph apply, the sum of the amount of the claimant's eligible
        expenditure for that grant year and for the year immediately preceding
        that grant year is $30,000 or more.

"(2) Grants are not payable to:

   (a)  the Commonwealth, a State, the Australian Capital Territory or the
        Northern Territory; or

   (b)  an authority or association declared by the regulations to be a body
        to which grants are not payable.

"(3) Paragraph (2) (a) does not apply to a grant in relation to:

   (a)  eligible external governmental educational services; or

   (b)  eligible internal educational services; or

   (c)  health care services that are eligible internal services.

"(4) Subject to subsection (3), a grant is not payable to a person in respect
of eligible expenditure incurred by that person at a time when that person was
not a resident of Australia.

"(5) Subsection (4) is to be disregarded in working out whether a grant is
payable in respect of eligible expenditure of an approved joint venture or
approved consortium.

"(6) In determining the grant entitlement, for the purposes of this Act, of an
authority or association that is declared by the regulations to be, except in
respect of a particular business activity carried on by that authority or
association, a body to which grants are not payable, any eligible expenditure
incurred, or export earnings received, by that authority or association in
respect of any other business activity carried on by that authority or
association is to be disregarded.

"(7) A grant is not payable to a person (other than an approved trading house,
approved joint venture or approved consortium) in respect of a particular
grant year if either of the following paragraphs applies:

   (a)  if the person is a body corporate that has an affiliated company in
        relation to the grant year, the affiliated company is not an approved
        trading house and the affiliated company has made a claim in respect
        of the grant year - the aggregate of the export earnings in the
        grant year of the person, and the relevant export earnings in the
        grant year of every body corporate that was an affiliated company in
        relation to the grant year (other than an approved trading house) and
        has made a claim in respect of the grant year, exceeds $25,000,000;

   (b)  in any other case - the person's export earnings for the grant year
        exceed $25,000,000.

"(8) A grant is not payable in respect of the eligible expenditure of an
approved joint venture or approved consortium for a grant year if the joint
venture's or consortium's export earnings for the grant year exceed
$25,000,000.

"(9) Subject to subsections (10), (11), (12), (13) and (14), a grant is not
payable to a claimant if the claimant has received grants in respect of 8 or
more grant years.

"(10) Subsection (9) does not apply to:

   (a)  an approved body; or

   (b)  an approved trading house.

"(11) In applying subsection (9) to a claim made by a member of an approved
joint venture or approved consortium on the member's own behalf, a grant
received in respect of eligible expenditure of the joint venture or consortium
is taken not to have been received by the member.

"(12) In applying subsection (9) to a claim made on behalf of an approved
joint venture or approved consortium, a grant received by a member of the
joint venture or consortium in the member's own right is taken not to have
been received by the joint venture or consortium.

"(13) In applying subsection (9), disregard a grant if:

   (a)  the grant relates to a grant year before the grant year that starts on
        1 July 1990; and

   (b)  the grant was solely in respect of eligible expenditure in respect of
        services that were eligible tourism services for the purposes of this
        Act at the time when the expenditure was incurred.

"(14) In applying subsection (9), disregard a grant if:

   (a)  the grant relates to a grant year before the grant year that started
        on 20 May 1985; and

   (b)  the grant:

   (i)  was for $3,500 or less; or

   (ii) was made to an educational institution specified in Schedule 7 to the
        Export Market Development Grants Regulations.

"(15) In subsection (7): `relevant export earnings', in relation to a body
corporate that was an affiliated company in relation to another body corporate
in relation to a grant year, means the export earnings of the first-mentioned
body corporate while it was such an affiliated company.".