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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000-2001
The
Parliament of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Export Market
Development Grants Amendment Bill 2001
No.
, 2001
(Foreign Affairs and
Trade)
A Bill for an Act to amend the
Export Market Development Grants Act 1997, and for related
purposes
ISBN: 0642 457956
Contents
Part 1—Continuation of the export market development grants
scheme 3
Export Market Development Grants Act
1997 3
Part 2—Minimum expenses and minimum
grants 4
Export Market Development Grants Act
1997 4
Part 3—Overseas representatives and
consultants 5
Export Market Development Grants Act
1997 5
Part 4—Promotional
events 7
Export Market Development Grants Act
1997 7
Part 5—Grants entry
requirements 8
Export Market Development Grants Act
1997 8
Part 6—Registration 9
Export Market Development Grants Act
1997 9
Part 7—External services earnings for eligibility
purposes 11
Export Market Development Grants Act
1997 11
Part 8—Sale and supply of
services 12
Export Market Development Grants Act
1997 12
Part 9—Publications, films and computer games of certain
classifications etc. 14
Export Market Development Grants Act
1997 14
Part 10—Requirement for
ABN 18
Export Market Development Grants Act
1997 18
Part 11—Providers of courses to overseas
students 19
Export Market Development Grants Act
1997 19
Part 12—Insolvency 21
Export Market Development Grants Act
1997 21
Part 13—Marketing
visits 25
Export Market Development Grants Act
1997 25
Part 14—Reader’s Guide
diagrams 26
Export Market Development Grants Act
1997 26
Part 15—Application
provisions 30
A Bill for an Act to amend the Export Market
Development Grants Act 1997, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Export Market Development Grants
Amendment Act 2001.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Parts 2 to 14 of Schedule 1 commence, or are taken to have
commenced, on 1 July 2001.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
Part 1—Continuation
of the export market development grants scheme
Export Market Development
Grants Act 1997
1 Subsection 106A(1)
Omit “2000”, substitute “2005”.
2 Subsection 106A(3)
Omit “2000”, substitute “2005”.
3 Section 107 (paragraph (a) of the
definition of grant year)
Repeal the paragraph, substitute:
(a) a year commencing on 1 July during the period from the start of
1 July 1996 to the end of 30 June 2006; or
Part 2—Minimum
expenses and minimum grants
Export Market Development
Grants Act 1997
4 Paragraph 29(d)
Omit “$20,000”, substitute “$15,000”.
5 Subsection 63(1)
After “subsections (2),”, insert
“(2A),”.
6 After subsection 63(2)
Insert:
(2A) If, after applying subsection (1) and subsection (2) (where
applicable), an applicant’s provisional grant amount for a grant year is
less than $2,500, the applicant’s provisional grant amount
for the grant year is $2,500.
7 Paragraph 63(3)(a)
Omit “or (2)”, substitute “, (2) or
(2A)”.
Part 3—Overseas
representatives and consultants
Export Market Development
Grants Act 1997
8 Section 32
Omit “item 1”, substitute
“item 1A”.
9 Subsection 33(2) (table
item 1)
Repeal the item, substitute:
|
1A |
maintaining one or more overseas representatives on a long
term basis in foreign countries to the extent to which the representatives are
maintained for approved promotional purposes |
all reasonable expenses incurred by the applicant
in: up to a limit of: |
|
engaging as a consultant (either in or outside Australia)
one or more persons that, in Austrade’s opinion are not closely related to
the applicant, to the extent to which the consultants undertake market research,
or marketing activities, related to approved promotional
purposes |
all reasonable expenses incurred by the applicant
up to the limit (when combined with expenses of maintaining
overseas representatives) set out in item 1A |
10 Subsection 33(2) (table item 6
)
Repeal the item.
Export Market Development
Grants Act 1997
11 Subsection 33(2) (table
item 5)
Repeal the item, substitute:
|
5 |
participation by the applicant or its agent in a trade fair,
seminar, in-store promotion, international forum, private exhibition or similar
promotional event to the extent to which this is done for an approved
promotional purpose |
all reasonable expenses incurred by the applicant in
payments to persons that, in Austrade’s opinion, were not closely related
to the applicant |
|
6 |
provision by the applicant or its agent of promotional
literature or other advertising material to the extent to which this is done for
an approved promotional purpose |
all reasonable expenses incurred by the applicant in
payments to persons that, in Austrade’s opinion, were not closely related
to the applicant |
Part 5—Grants
entry requirements
Export Market Development
Grants Act 1997
12 Subsection 22(2)
Omit “of at least 28 days”.
Export Market Development
Grants Act 1997
13 Paragraph 7(1)(h)
Repeal the paragraph, substitute:
(h) if Division 5 applies to the person—Austrade has decided
under section 20 that the person met the grants entry
requirements.
14 Paragraph 7(4)(h)
Repeal the paragraph, substitute:
(h) if Division 5 applies to the person (as trustee of the trust
estate)—Austrade has decided under section 20 that the person (in
that capacity) met the grants entry requirements.
15 Division 5 of Part 3
(heading)
Repeal the heading, substitute:
16 Subsection 18(1)
Omit “intends to apply”, substitute
“applies”.
17 Subsection 18(2)
Omit “intends to apply”, substitute
“applies”.
18 Subsection 18(3)
Omit “intends to apply”, substitute
“applies”.
19 Section 19
Repeal the section.
20 Subsection 20(1)
Omit “Once the person has been registered,”.
21 Paragraph 94(3)(c)
Repeal the paragraph.
Part 7—External
services earnings for eligibility purposes
Export Market Development
Grants Act 1997
22 At the end of
section 7
Add:
Relevant earnings for eligible external services
(5) In applying item 3 of the table in subsection 10(1) to work out a
person’s export earnings for the purposes of paragraph (1)(e), (2)(b)
or (4)(d) of this section, do not deduct any amount of consideration paid, or
payable, outside Australia in relation to the service concerned.
23 Subsection 10(1) (table item 3, column
3)
After “that service less”, insert “(subject to subsection
7(5))”.
Part 8—Sale
and supply of services
Export Market Development
Grants Act 1997
24 Subsection 10(1) (table item 3, column
2)
Omit “supplied at any time by the person”, substitute
“sold at any time by the person to a person that is not a resident of
Australia”.
25 Subsection 10(1) (table item 3, column
3)
Omit “supply”, substitute “sale”.
26 Subsection 10(1) (table item 4, column
2)
Omit “supplied at any time by the person”, substitute
“sold at any time by the person to a person that is not a resident of
Australia”.
27 Subsection 10(1) (table item 4, column
3)
Omit “supply”, substitute “sale”.
28 Subsection 10(1) (table item 5, column
2)
Omit “supplied”, substitute “sold”.
29 Subsection 10(1) (table item 5, column
2)
Omit “supply”, substitute “sale”.
30 Subsection 10(1) (table item 5, column
3)
Omit “supply”, substitute “sale”.
31 Subsection 10(1) (table item 6, column
2)
Omit “supplied”, substitute “sold”.
32 Subsection 10(1) (table item 6, column
3)
Omit “supply”, substitute “sale”.
33 Subsection 10(1) (table item 7, column
2)
Omit “supplied”, substitute “sold”.
34 Subsection 10(1) (table item 7, column
3)
Omit “supply”, substitute “sale”.
35 Subsection 25(2)
Repeal the subsection, substitute:
(2) Subject to subsection (4), a tourism service is an eligible
tourism service if the service is supplied in Australia (whether or not
through an inbound tour operator) to a person that is not a resident of
Australia.
Note: For tourism service see
section 107. For resident of Australia see section 114.
For inbound tour operator see subsection 10(1) (table
item 5).
36 Paragraph 37(d)
Repeal the paragraph, substitute:
(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;
Part 9—Publications,
films and computer games of certain classifications etc.
Export Market Development
Grants Act 1997
37 Section 40 (table
item 17)
Repeal the item, substitute:
|
17 |
Expenses associated with publications, films and computer games of certain
classifications |
57 |
|
18 |
Expenses associated with prohibited or potential prohibited Internet
content |
57A |
|
19 |
Expenses associated with telephone sex services |
57B |
38 Section 57
Repeal the section, substitute:
Publications, films and computer games that have been
classified
(1) Expenses of an applicant are excluded if they were incurred in respect
of an eligible promotional activity carried out for an approved promotional
purpose relating to:
(a) a publication that has been classified RC, Category 2 restricted or
Category 1 restricted by the Classification Board; or
(b) a film that has been classified RC or X by the Classification Board;
or
(c) a computer game that has been classified RC by the Classification
Board.
Publications, films and computer games that have not been
classified
(2) Expenses of an applicant are excluded if:
(a) they were incurred in respect of an eligible promotional activity
carried out for an approved promotional purpose relating to a publication, a
film or a computer game; and
(b) the publication, film or computer game has not been classified by the
Classification Board; and
(c) Austrade has reason to believe that the publication, film or computer
game will be classified as mentioned in subsection (1).
Note: For Classification Board, computer
game, film and publication see
section 107.
Expenses of an applicant are excluded if they were incurred in respect of
an eligible promotional activity carried out for an approved promotional purpose
relating to Internet content that is:
(a) prohibited content; or
(b) potential prohibited content.
Note: For Internet content, potential
prohibited content and prohibited content see
section 107.
Expenses of an applicant are excluded if they were incurred in respect of
an eligible promotional activity carried out for an approved promotional purpose
relating to a telephone sex service.
Note: For telephone sex service see
section 107.
39 Section 107
Insert:
Classification Board means the Classification Board
established by the Classification (Publications, Films and Computer Games)
Act 1995.
40 Section 107
Insert:
computer game has the same meaning as in the
Classification (Publications, Films and Computer Games) Act
1995.
41 Section 107
Insert:
film has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
42 Section 107
Insert:
Internet content has the same meaning as in Schedule 5
to the Broadcasting Services Act 1992.
43 Section 107
Insert:
potential prohibited content has the same meaning as in
Schedule 5 to the Broadcasting Services Act 1992.
44 Section 107
Insert:
prohibited content has the same meaning as in Schedule 5
to the Broadcasting Services Act 1992.
45 Section 107
Insert:
publication has the same meaning as in the Classification
(Publications, Films and Computer Games) Act 1995.
46 Section 107
Insert:
telephone sex service has the meaning given by
section 158J of the Telecommunications (Consumer Protection and Service
Standards) Act 1999.
Export Market Development
Grants Act 1997
47 After section 85
Insert:
(1) Despite Subdivision 2, a grant, or an advance on account of a
grant, is not payable to a person if, at the time when, or at any time after,
the person becomes entitled to the grant or advance, the person, or in the case
of a joint venture, the nominated contact person, does not have an Australian
Business Number (ABN).
(2) Subsection (1) does not affect the validity of a payment of
grant, or of an advance on account of grant, to the person at a time when the
person had an ABN.
Note: For ABN see
section 107.
48 Section 107
Insert:
ABN has the same meaning as in the A New Tax System
(Australian Business Number) Act 1999.
Part 11—Providers
of courses to overseas students
Export Market Development
Grants Act 1997
49 At the end of Subdivision 3 of
Division 3 of Part 7
Add:
(1) Despite Subdivision 2, a grant, or an advance on account of a
grant, is not payable to a person that provides a course to overseas students
who are in Australia if, at the time when, or at any time after, the person
becomes entitled to the grant or advance the person is not a registered provider
of that course.
(2) Subsection (1) does not affect the validity of a payment of
grant, or of an advance on account of grant, to the person at a time when the
person was a registered provider of the course.
Note: For course, overseas
student and registered provider see
section 107.
50 Section 107
Insert:
course has the same meaning as in the Education Services
for Overseas Students (Registration of Providers and Financial Regulation) Act
1991.
51 Section 107
Insert:
overseas student has the same meaning as in the Education
Services for Overseas Students (Registration of Providers and Financial
Regulation) Act 1991.
52 Section 107
Insert:
registered provider has the same meaning as in the
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Act 1991.
Export Market Development
Grants Act 1997
53 Paragraph 7(1)(f)
Repeal the paragraph.
54 Subsection 7(1) (note)
Omit “, under insolvency
administration”.
55 Paragraph 7(2)(c)
Repeal the paragraph.
56 Subsection 7(2) (note)
Omit “, export earnings, associate and
under insolvency administration”, substitute “and
export earnings”.
57 Subsection 7(3)
Repeal the subsection, substitute:
Approved trading house
(3) An approved trading house is eligible for a grant in respect of a
grant year if there are no disqualifying convictions outstanding against the
trading house under section 17 when the trading house applies for the
grant.
Note: For approved trading house,
grant and grant year see
section 107.
58 Paragraphs 7(4)(e) and
(f)
Repeal the paragraphs.
59 Subsection 7(4) (note)
Omit “under insolvency administration”.
60 Division 3 of
Part 3
Repeal the Division.
61 Subsection 87(2) (note)
Repeal the note, substitute:
Note: For associate see section 107. For
under insolvency administration see Subdivision 4 of this
Division.
62 At the end of Division 3 of
Part 7
Add:
An individual is under insolvency administration only
if:
(a) the individual is in any of the following situations under the
Bankruptcy Act 1966:
(i) the individual is a bankrupt in respect of a bankruptcy from which he
or she has not been discharged;
(ii) property of the individual is subject to control under
section 50 or Division 2 of Part X of that Act;
(iii) the individual has, in the previous 3 years, executed a deed of
assignment or deed of arrangement under Part X of that Act;
(iv) creditors of the individual have, in the previous 3 years, accepted a
composition under Part X of that Act; or
(b) the individual is in a situation of a kind referred to in
paragraph (a) under the law of an external Territory or a foreign
country.
Note: For external Territory and foreign
country see sections 17 and 22 respectively of the Acts
Interpretation Act 1901.
(1) Subject to subsection (2), a body corporate is under
insolvency administration only if:
(a) it is in any of the following situations under the Corporations
Law:
(i) the body corporate is being wound up;
(ii) there is a receiver, receiver and manager, or other controller, of
property of the body corporate who has functions or powers in connection with
managing the body corporate;
(iii) the body corporate is under administration or official
management;
(iv) the body corporate has executed a deed of company arrangement that
has not yet terminated;
(v) the body corporate has entered into a compromise or arrangement with
another person and the administration of the compromise or arrangement has not
been concluded; or
(b) the body corporate is in a situation of a kind referred to in
paragraph (a) under the law of an external Territory or a foreign
country.
Note: For external Territory and foreign
country see sections 17 and 22 respectively of the Acts
Interpretation Act 1901.
(2) Despite subsection (1), a body corporate that, apart from this
subsection, would be under insolvency administration is taken not to be under
insolvency administration if there is in force a certificate given by the person
administering the body corporate stating that the body corporate is able to pay
all its debts as and when they become due and payable.
Note: For person administering the body
corporate see subsection (3).
(3) In subsection (2):
person administering a body corporate means whichever of the
following has been appointed in relation to the body corporate:
(a) the liquidator or provisional liquidator of the body
corporate;
(b) the receiver, receiver and manager, or other controller, of property
of the body corporate;
(c) the administrator, or the official manager, of the body
corporate;
(d) the administrator of the deed of company arrangement executed by the
body corporate;
(e) the administrator of any compromise or arrangement into which the body
corporate has entered;
(f) a person exercising, under the law of an external Territory or a
foreign country, the same functions and the same powers as a person referred to
in one of paragraphs (a) to (e).
63 Section 107 (definition of under
insolvency administration)
Omit “sections 14 and 15”, substitute
“sections 87B and 87C”.
Export Market Development
Grants Act 1997
64 Subsection 34(6)
Omit “preceding 5 years”, substitute “preceding
year”.
Part 14—Reader’s
Guide diagrams
Export Market Development
Grants Act 1997
65 Diagrams 1 and 2 in the Reader’s
Guide
Repeal the diagrams, substitute:
Diagram 1—Is an amount of grant payable to you?
(Overview of Act)
Diagram 2—Who is eligible for a grant? (Overview of
Part 3)
66 Diagram 3 in the Reader’s Guide (table
item 4)
Repeal the item, substitute:
|
4. Tourism service supplied in Australia to a
non-resident |
Austrade satisfied that Australia will derive a significant
net benefit from supply of the service |
67 Diagram 4 in the Reader’s
Guide
Repeal the diagram, substitute:
Diagram 4—What are eligible expenses of an
applicant? (Overview of Part 5)
Part 15—Application
provisions
68 Application provision—Parts 2 to 8
and 12 to 14
The amendments made by Parts 2 to 8 and 12 to 14 of this Schedule
apply in relation to a grant year that commences on or after 1 July
2001.
69 Application
provision—Part 9
The amendments made by Part 9 of this Schedule apply to expenses
incurred on or after 1 July 2001.
70 Application provision—Parts 10 and
11
The amendments made by Parts 10 and 11 of this Schedule apply in
relation to a grant, or an advance on account of a grant, in respect of a grant
year that commences on or after 1 July 2001.