This instrument is the Export Market Development Grants Regulations 2018.

(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	1 July 2018.	1 July 2018

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under the Export Market Development Grants Act 1997.

4 Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

5 Definitions

In this instrument:

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) approved activity, project or purpose;

(b) approved body;

(d) Austrade;

(e) balance distribution date;

(f) events promoter;

(g) grant year;

(h) person.

Act means the Export Market Development Grants Act 1997.

Part 2—Payout factor

6 How to work out payout factor

For the purposes of subsection 69(4) of the Act, the payout factor for a grant year (the relevant year) is the lesser of 1 and the amount worked out using the formula:

where:

administration costs means the costs of the administration of the Act for the financial year following the relevant year.

appropriation means the amount mentioned for payments under the Act in an Act to appropriate money out of the Consolidated Revenue Fund for the financial year following the relevant year.

ceiling amounts means the sum of grants in respect of the relevant year paid during the period:

(a) beginning at the start of the financial year following the relevant year; and

(b) ending on the balance distribution date for the financial year following the relevant year.

grants assessed means the sum of the provisional grant amounts for the relevant year worked out in the financial year following the relevant year.

grants paid means the sum of grants paid during the period:

(a) beginning at the start of the financial year following the relevant year; and

(b) ending on the balance distribution date for the financial year following the relevant year.

Part 3—Approval as an approved body or a joint venture

Division 1—Approved bodies

7 Dealing with an application

For the purposes of subsection 89(1) of the Act, the CEO of Austrade must deal with an application for approval as an approved body using the procedures set out in this Division.

8 Questions by Austrade

(1) Austrade may ask the applicant written questions about the application.

(2) The applicant’s answers must be given to Austrade in writing.

9 Assessment of application

(1) In assessing an application under section 88 of the Act for approval as an approved body, the CEO of Austrade must be satisfied that the body complies with subsection (2).

(2) The body must:

(a) be one of the following:

(i) a national non‑profit industry organisation;

(ii) a State or Territory non‑profit industry organisation;

(iii) a regional non‑profit industry organisation; and

(b) represent all members of an industry, or members making up a substantial part of an industry; and

(d) not export products, unless exporting is an ancillary part of the body’s activities; and

(e) operate for the benefit of third parties; and

(f) be capable of undertaking promotional activities; and

(g) engage in promotional activities that:

(i) promote Australian products internationally; and

(ii) are for the benefit of an industry rather than for the benefit of individual members; and

(iii) are commercially and financially feasible; and

(h) generate, or be capable of generating, from its promotional activities, significant net benefit to Australia in 2 or more of the following areas:

(i) export earnings;

(ii) employment in Australia;

(iii) new capital investment in Australia;

(iv) introduction of new technologies in Australia;

(v) new value‑added operations in Australia; and

(i) have a promotional plan.

Note: The CEO of Austrade must comply with the guidelines made by the Minister under paragraph 101(1)(c) of the Act when dealing with an application under section 88 of the Act for approval as an approved body.

10 Circumstances in which CEO of Austrade must not give approval

The CEO of Austrade must not approve a body as an approved body if:

(a) the body has been formed either:

(i) primarily as a grants funding agent for its members; or

(ii) primarily for the purpose of obtaining the approval; or

(b) in the opinion of the CEO there is a high level of duplication of the promotional activities of another body operating in the same industry; or

11 Variation of approval

(1) The CEO of Austrade may vary the approval of an approved body:

(a) on application by the body; or

(b) if the body ceases to satisfy one or more of the requirements mentioned in subsection 9(2).

(2) The CEO of Austrade may vary the approval by:

(a) changing a condition of the approval; or

(b) adding or revoking a condition.

12 Cancellation of approval

The CEO of Austrade may cancel an approval of an approved body if the approved body ceases to satisfy:

(a) one or more of the requirements mentioned in subsection 9(2); or

(b) a condition specified in the approval.

Division 2—Joint ventures

13 Dealing with an application

For the purposes of subsection 89(1) of the Act, the CEO of Austrade must deal with an application for approval as a joint venture using the procedures set out in this Division.

14 Questions by Austrade

(1) Austrade may ask the applicant written questions about the application.

(2) The applicant’s answers must be given to Austrade in writing.

15 Variation of approval

(1) The CEO of Austrade may vary the approval of an approved joint venture on application by the approved joint venture.

(2) The CEO of Austrade may vary the approval by:

(a) changing the description of the group’s membership; or

(b) changing the nominated contact member; or

(d) changing a condition of the approval; or

(e) adding or revoking a condition.

Part 4—Services

16 Tourism service

For the purposes of the definition of tourism service in subsection 107(1) of the Act, each of the following services is prescribed:

(a) passenger transport by land:

(i) including vehicle hire; but

(ii) not including a transfer service for a person visiting Australia solely or partly as a tourist;

(b) passenger transport by water;

(d) accommodation for at least one night, other than accommodation for foreign residents studying or working in Australia;

(e) a tour;

(f) admission to a place, for which payment is required to enter, of any of the following kinds:

(i) a place that has one or more outstanding natural features or is of historical interest;

(ii) a park, nature reserve or botanical garden;

(iii) a wildlife sanctuary or zoological garden;

(iv) a museum, art gallery or craft centre;

(v) a place that is, or provides, an amenity appropriate to tourists;

(vi) an event, unless there is an events promoter engaged to promote the event;

(g) a service at a place, the principal purpose of which is to provide a venue and associated facilities for meetings, conventions and exhibitions;

(h) a service provided by a restaurant;

(i) a service directly related to the act of gambling in a place licensed as a casino under an Australian law.

17 Services that are not non‑tourism services

For the purposes of paragraph (b) of the definition of non‑tourism service in subsection 107(1) of the Act, each of the following services is specified:

(a) a service relating to migration to Australia, including proceedings or actions to enter or remain in Australia;

(b) a service relating to:

(i) the adoption, custody or welfare of a child; or

(ii) proceedings about the maintenance of a person, except under a deed, trust or will; or

(iii) proceedings under the Family Law Act 1975;

(c) a service relating to the identification, procurement, lease, sale or purchase of assets in Australia (whether tangible or intangible), including cash, real estate, stocks, options or shares;

(d) a service relating to the protection, operation or maintenance of assets held in Australia;

(e) a service relating to compliance with the laws of Australia;

(f) a service relating to prostitution;

(g) a service relating to pornographic material, including pornographic material in publications, films, computer games, or accessible on the internet;

(h) a service relating to illegal activities or illegal products;

(i) a gambling service provided by a service provider not licensed under an Australian law;

(j) a service not mentioned in section 16 that is provided to a foreign resident tourist in Australia;

(k) a service related to providing accommodation for foreign students studying or working in Australia;

(l) a service related to selecting or recruiting foreign students to work in Australia.

Part 5—Transitional provisions

18 Application of this instrument etc.

(1) This instrument applies in relation to applications for a grant made on or after 1 July 2018.

(2) To avoid doubt, despite the repeal of the Export Market Development Grants Regulations 2008 by Schedule 1 to this instrument, those regulations continue to apply in relation to an application for a grant made before 1 July 2018.