Export Market Development Grants Act 1974 (Australia)

Export Market Development Grants Act 1974

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EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154, 1974
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - TABLE OF PROVISIONS
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement 3. Interpretation 4. Eligible expenditure 5. Eligible goods 6. Export earnings 7. New markets 8. New claimants 9. Supply of services outside Australia 10. Groups of corporations 11. Residents of Australia PART II-GRANTS 12. Grants 13. Claims for grants 14. Persons not eligible for grants 15. Grant entitlements 16. Limit of grants 17. Changes in membership of groups 18. Adjustments in certain circumstances 19. Change in ownership of business, &c. 20. Trust estates PART III-ADMINISTRATION 21. Establishment of Board 22. Policies and practices of Board 23. Membership of Board 24. Term of office 25. Remuneration and allowances 26. Leave of absence 27. Resignation 28. Termination of office 29. Acting members 30. Meetings 31. Disclosure of interest by members 32. Duties of Chairman 33. Delegation 34. Superannuation 35. Officers' Rights Declaration Act 36. Staff 37. Secrecy PART IV-MISCELLANEOUS 38. Abuses of Act 39. Offences 40. Recovery of over-payments 41. Reports 42. Grant moneys to be appropriated 43. Regulations EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT. 1. Short title.
EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 An Act relating to Grants for the purpose of providing Incentives for the Development of Export Markets. BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:- PART I-PRELIMINARY 1. This Act may be cited as the Export Market Development Grants Act 1974.* EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT. 2. Commencement.
2. This Act shall be deemed to have come into operation on 1 July 1974. EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT. 3. Interpretation.

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3. (1) In this Act, unless the contrary intention appears- "authority or association" means- (a) an authority constituted by a law of Australia or of a State or internal Territory; (b) a co-operative association; or (c) any other body or association, corporate or unincorporate, representing the interests of an industry or of a substantial part of an industry, that has the function of promoting any of the activities referred to in paragraphs 4 (1) (a), (b), (c) and (d); "Board" means the Board established by this Act; "claim" means a claim under section 13, and "claimant" has a corresponding meaning; "company" includes all bodies and associations, corporate or unincorporate, but does not include partnerships; "disposal" includes sale, grant, assignment or supply, and "disposed of" has a corresponding meaning; "eligible expenditure" has the meaning given by section 4; "eligible goods" has the meaning given by section 5; "export" means export from Australia, but does not include export by way of gift, or the taking or sending of goods out of Australia with the intention that the goods will at some later time be brought or sent back to Australia to remain permanently in Australia; "export earnings" has the meaning given by section 6; "Government sponsored promotion" means the promotion of any of the activities referred to in paragraphs 4 (1) (a), (b), (c) and (d) by means of- (a) the doing of an act outside Australia; (b) the export of a publication; or (c) the production and issue, outside Australia, of a supplement to a newspaper or periodical that is produced and distributed outside Australia, being an act, publication or supplement that is organized or sponsored by the Department of Overseas Trade; "grant" means a grant under this Act; "grant entitlement" has the meaning given by section 15; "grant year" means the year commencing on 1 July 1974 or any of the 4 next succeeding years; "group of corporations" has the meaning given by section 10; "industrial property rights" means rights in relation to inventions or trade marks, or copyright in relation to works, designs and other things, being- (a) inventions, works, designs or things that have, to a substantial extent, resulted from research or work performed in Australia; or (b) trade marks that have been used commercially in Australia and were not, before that use, used commercially in any other country; "know-how" means scientific or technological knowledge or information in relation to industrial operations, and includes drawings, models or other material things, or services, supplied for the purpose of enabling or facilitating the use or enjoyment of such knowledge or information or of industrial property rights; "market" means- (a) a prescribed country, other than Australia; or (b) a prescribed external Territory;
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"member" means a member of the Board; "new claimant" has the meaning given by section 8; "new market" has the meaning given by section 7; "person" includes a company or a partnership; "prescribed body" means an authority or association that is prescribed; "resident of Australia" and "resident outside Australia" have the respective meanings given by section 11; "sale for export" does not include sale to a resident of Australia, and "sells for export" has a corresponding meaning. (2) For the purposes of this Act, where an act is done by an agent on behalf of his principal, it shall be deemed to be done by the principal and not by the agent. (3) For the purposes of this Act, where a person sells goods, at a time when the goods are in Australia, to a buyer resident outside Australia and the goods are later exported by the buyer, the goods shall be deemed to be exported by the first-mentioned person. EXPORT MARKET DEVELOPMENT GRANTS ACT 1974 No. 154 of 1974 - SECT. 4. Eligible expenditure.
4. (1) Subject to the succeeding provisions of this section, a reference in this Act to eligible expenditure is a reference to expenditure incurred primarily and principally for the purpose of creating or seeking opportunities, or creating or increasing demand, for- (a) the sale for export, or export and sale, of eligible goods that have been manufactured, produced, assembled, processed or packed, or graded and sorted, in Australia; (b) the sale, outside Australia, of eligible goods that have been manufactured, produced or assembled outside Australia (other than goods referred to in paragraph (a)); (c) the supply, for reward, in the course of carrying on business in Australia, to persons resident outside Australia, of services (not including know-how, but including technical advice, training or assistance other than know-how) outside Australia; or (d) the disposal, for reward, in the course of carrying on business in Australia, to persons resident outside Australia, for use and enjoyment outside Australia, of industrial property rights or of know-how that has, to a substantial extent, resulted from research or other work performed in Australia, but does not include so much of any expenditure incurred by a person as- (e) has been, or is to be, paid or reimbursed to him by another person or by the Government of Australia or of a State; or (f) is incurred in connexion with services, or the doing of any thing, for which he has been, or is to be, paid by another person or by the Government of Australia or of a State. (2) For the purposes of this section, "expenditure" means expenditure to the extent to which it is incurred by a claimant, or an association referred to in sub-section (3), by way of- (a) expenses of, contributions towards expenses of, or payments made to an agent for the purpose of- (i) the carrying out of market research or the obtaining of market information; or (ii) advertising or other means of securing publicity or soliciting business, not being amounts paid or payable to- (iii) a person ordinarily employed in Australia by the claimant or an associated company, or by the association, as the case may be, in respect of services performed by him in Australia or in the course of a visit from Australia to a place or places outside Australia; (iv) a director of the claimant, where the claimant is a company; (v) a director of an associated company; or (vi) an associated company carrying on business in Australia;
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(b) expenses (including costs of delivery) directly attributable to providing, without charge, samples or technical information to a person outside Australia; (c) expenses directly attributable to the making of investigations and the preparation of information, designs, estimates or other material for the purpose of the submission by the claimant of a tender or quotation for the supply by the claimant of services or of eligible goods that are not of the same kind and specification as goods that are being regularly dealt with by the claimant; (d) expenses directly attributable to the selection or designing of, or of materials for, packaging and labelling for use exclusively in connexion with the export of eligible goods; or (e) expenses (whether by way of payment of fees or otherwise) directly attributable to obtaining, or seeking to obtain, under the law of a country outside Australia, the grant or registration of, or the extension of the term of, or of the period of registration of, any industrial property rights, but not including- (f) expenditure of a capital nature, other than- (i) expenses of the kind referred to in paragraph (d) or (e); or (ii) expenditure incurred in relation to disposals of the kind referred to in paragraph (1) (d); (g) expenses, other than fares, in respect of travel, accommodation, sustenance or entertainment in respect of or in relation to a visit from Australia to a place or places outside Australia by the claimant or by a prescribed agent of the claimant or of the association ordinarily employed or carrying out duties in Australia; (h) except to the extent provided in paragraph (c), expenses of the preparation or submission of tenders or quotations; (i) expenses of advertising in Australia in relation to the supply of services outside Australia; (j) commission or other remuneration, paid or payable otherwise than by way of salary, retainer or fee, in respect of sales or other disposals; (k) remuneration by way of salary, retainer or fee, to the extent that the remuneration is determined, directly or indirectly, by reference to the extent or value of sales or other disposals made, or business obtained by, the person to whom the remuneration is paid or payable; (l) discounts or credits, or amounts in the nature of discounts or credits, allowed or paid in relation to sales or other disposals; or (m) amounts paid or payable by way of tax, levy or other contribution under a law of Australia or of a State or internal Territory or to a prescribed body. (3) Where- (a) a claimant has paid any moneys to an association, other than a prescribed body, as the whole or part of a subscription, contribution or levy; and (b) the Board is satisfied that those moneys have been or will be applied by the association by way of eligible expenditure, those moneys shall, for the purposes of this section, be deemed to be an amount of eligible expenditure incurred by the claimant at the time when they were so paid. (4) Where 2 or more persons who are prescribed agents of a claimant and are relatives of each other travel outside Australia at the same time, the eligible expenditure of the claimant does not include- (a) if the claimant himself is one of those persons-the fares of any other of those persons who is not a permanent employee of the claimant; (b) if the claimant himself is not one of those persons, but those persons include a permanent employee of the claimant-the fares of any of those persons who is not a permanent employee of the claimant; and (c) if none of those persons is either the claimant himself or a permanent employee of the claimant-the fares of any of those persons, other than such one of them as the claimant nominates by notice in writing to the Board,
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but this sub-section does not operate to exclude the fares of a person if the Board is satisfied that there are special circumstances by reason of which those fares should not be so excluded. (5) Where the amount of any expenditure constituting or forming part of any eligible expenditure exceeds the amount that, in the opinion of the Board, would reasonably be expected to be payable, in the ordinary course of business, for the purpose or purposes for which the expenditure was incurred, the Board may, for the purposes of this section, treat the expenditure as being reduced by the amount of the excess. (6) Where, in connexion with any eligible expenditure incurred by a claimant, there is or has been an agreement or arrangement between the claimant and another person or persons- (a) in accordance with which the consideration received or receivable by the claimant in respect of the disposal of any goods, services, industrial property rights or know-how was or is greater than it would have been if that expenditure had not been incurred; and (b) a purpose of which was, or an effect of which would, but for this sub-section, be, to enable the claimant to obtain a grant in respect of expenditure for which he will be compensated by the increased consideration, the expenditure shall, for the purposes of this section, be deemed to have been reimbursed to the claimant by another person to the extent of, or, where the case so requires, to the extent of an amount determined by the Board to be a reasonable estimate of, the amount by which the consideration referred to in paragraph (a) was or is greater, by reason of that expenditure, than it would otherwise have been. (7) Where an amount paid or payable during a grant year by a claimant that is a member of a group of corporations to, or to a director or employee of, another member of the group would, but for sub-paragraph (iii), (v) or (vi) of paragraph (a) of sub-section (2), be eligible expenditure incurred by the claimant, the Board may, if it is satisfied that there are special circumstances to justify its so doing, treat the whole or part of the amount as eligible expenditure incurred by the claimant during that year. (8) In this section, unless the contrary intention appears- "associated company", in relation to a claimant, means a company that is, at any time during the relevant grant year, a company- (a) the operations of which are, or are able to be, controlled, either directly or indirectly, by the claimant;