Commonwealth Numbered Regulations - Explanatory Statements

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EXPORT MARKET DEVELOPMENT GRANTS REGULATIONS (AMENDMENT) 1991 NO. 45

STATUTORY RULES 1991 No. 45

Issued by the Authority of the Minister for Industry, Technology and Commerce

Export Market Development Grants Act 1974

Export Market Development Grants Regulations (Amendment)

These Regulations provide for eligible internal services, eligible tourism services, extend the range of eligible services, provide a maximum grant for approved trading houses and repeal redundant Schedules.

Regulation 1: Commencement

Provides that the Regulations are deemed to have commenced on 1 July 1990. This retrospective effect makes the Regulations consistent with the amendments to the Export Market Development Grants Act 1974 (the Act) enacted by the Export Market Development Grants Amendment Act (No. 2) 1990.

Regulation 2: Amendment

This is a declaratory provision.

Regulation 3: Regulation 2 (Interpretation)

Inserts definitions of 'legal service', 'overseas legal service', 'tourist attraction' and 'transfer service' for the purposes of these Regulations.

Regulation 4: New regulation 3

Inserts a new regulation 3 which sets the maximum annual grant under the Act for an approved trading house at $500,000.

Regulation 5: New regulations 7A and 7B

Inserts new regulations 7A and 7B.

New regulation 7A provides that the services specified in new Schedule 1 are eligible internal services.

New regulation 7B provides that the services specified in new Schedule 2 are eligible tourism services.

Regulation 6: Repeal of Schedules 1, 2 and 2A

Repeals Schedules 1, 2 and 2A which are redundant.

Regulation 7: New Schedules 1 and 2

Inserts new Schedules 1 and 2.

New Schedule 1 - Eligible Internal Services sets out the types of services which are eligible internal services. These are services supplied in Australia to persons resident outside Australia relating to:

•       the repair, maintenance, modification or overhaul of goods imported for this purpose;

•       human health care;

•       film making and sound recording;

•       design, graphics, printing, lithographs, painting, drafting and modelling;

•       scientific or technical testing or analysis, research or trials;

•       processing of agricultural or mineral products imported for the purpose and subsequently exported; and

•       legal and dispute resolution services, excluding certain areas such as dealings in real property, matrimonial causes and migration.

New Schedule 2 - Eligible Tourism Services - sets out the services which constitute eligible tourism services, being the provision within Australia to a non-resident of Australia for an all-inclusive price of at least three of the following amenities:

•       land passenger transport;

•       water passenger transport;

•       air passenger transport;

•       accommodation;

•       an escorted tour; and

•       admission to a tourist attraction.

Regulation 8: Schedule 4 (Eligible Services)

Regulation 8 adds to Schedule 4 - Eligible Services - new items 10 to 14 relating to the supply outside Australia of the following services:

•       legal and dispute resolution services, excluding certain areas such as dealings in Australian real property, matrimonial causes and migration;

•       the repair, maintenance, modification or overhaul of goods owned by non-Australian residents;

•       environment protection and pollution control services in respect of overseas places;

•       technical or advisory services in respect of the processing, outside Australia, of agricultural products; and

•       the recruitment of Australian labour to work on overseas projects.