Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012 [F2013L00258]-Concluded matters [2013] AUSStaCSDLM 230 (20 June 2013)

• Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012 [F2013L00258]
• Availability of merits review

Chapter 2

Concluded matters

This chapter lists matters previously raised by the committee and considered at its meeting on 20 June 2013. The committee has concluded its interest in these matters on the basis of responses received from ministers or relevant instrument-makers.

Correspondence relating to these matters is included at Appendix 3.

Export Market Development Grants (Extended Lodgement and Consultant Quality Incentive) Determination 2012 [F2013L00258]

Purpose	Contains the circumstances and number of months, as required by subsection 70(4) of the Export Market Development Grants Act 1997 (the Act), to be complied with by Austrade in assessing whether an application for grant meets the requirements of subparagraph 70(2)(b)(ii) of the Act
Last day to disallow	18 June 2013
Authorising legislation	Export Market Development Grants Act 1997
Department	Foreign Affairs and Trade

ISSUE:

Availability of merits review

Regarding review rights, the ES for this instrument states:

Review rights exist in relation to decisions made by Austrade to refuse to approve an applicant as a participating EMDG consultant or to cancel the approval of a participating EMDG consultant.

However, while the instrument clearly provides for these decisions to be reconsidered by the CEO of Austrade it does not, on its face, appear to make provision for merits review as the ES may be taken to suggest. The committee notes that the decisions in question also do not appear to be (Administrative Appeals Tribunal (AAT)) reviewable decisions for the purposes of section 97 of the Export Market Development Act 1997 [the committee sought further information from the minister].

MINISTER'S RESPONSE:

The Parliamentary Secretary for Trade responded, advising that the decisions in question are subject to merits review by the AAT. The Parliamentary Secretary noted that, when Austrade refuses to approve a consultant as a participating consultant or cancels the approval of a participating consultant, the person will be advised of their review rights, including access to merits review by the AAT.

COMMITTEE RESPONSE:

The committee thanks the parliamentary secretary for his response and has concluded its interest in the matter.

However, subsequent to the parliamentary secretary's response, the committee received a submission from the Export Consultants Group (ECG) outlining a number of concerns in relation to the determination, including adequacy of the description of consultation in the ES and, in broad terms, the effect of the determination on a person's ability to practice a trade or profession or carry on a business affecting livelihood. While the committee's consideration of these matters did not identify any new matters referable to the committee's scrutiny principles, the committee draws the attention of senators to the matters raised in the correspondence from the ECG.