{"id":"C2004A05155","name":"Export Market Development Grants Act 1997","slug":"export-market-development-grants-act-1997","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"57 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":27220,"registerId":"commonwealth-C2004A05155-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act commences on 1 July 1997.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Simplified outline of this Act","content":"#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.","sortOrder":5},{"sectionNumber":"Part 2","sectionType":"part","heading":"Grants","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Simplified outline of this Part","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.","sortOrder":8},{"sectionNumber":"Division 2","sectionType":"division","heading":"Grants","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Invitation to apply for grant","content":"#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Application for grant","content":"#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Grant agreement","content":"#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Terms and conditions of grant","content":"#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Payment of grant","content":"#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"CEO of Austrade has powers etc. of the Commonwealth","content":"#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Conferral of powers on CEO of Austrade","content":"#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Executive power of the Commonwealth","content":"#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.","sortOrder":17},{"sectionNumber":"Division 3","sectionType":"division","heading":"Eligibility for grant","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Eligible kinds of persons","content":"#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Eligibility conditions","content":"#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.","sortOrder":20},{"sectionNumber":"Division 4","sectionType":"division","heading":"Eligible products","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":21},{"sectionNumber":"17","sectionType":"section","heading":"Eligible products","content":"#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.","sortOrder":22},{"sectionNumber":"Division 5","sectionType":"division","heading":"Eligible expenses","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Eligible expenses","content":"#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"Excluded—expenses covered by other financial assistance schemes","content":"#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Excluded—expenses in respect of products the sale or export of which would contravene Australian law","content":"#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.","sortOrder":26},{"sectionNumber":"Division 6","sectionType":"division","heading":"Amount of grant","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Amount of grant","content":"#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.","sortOrder":28},{"sectionNumber":"Division 7","sectionType":"division","heading":"Review of decisions","content":"An Act relating to the grant of financial assistance to provide incentives for the development of export markets\n\n## Part 1—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Export Market Development Grants Act 1997.\n\n#### 2 Commencement\n\n  This Act commences on 1 July 1997.\n\n#### 3 Object of Act\n\n  The object of this Act is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is done by providing targeted financial assistance, for promotional activities and development of marketing skills, to Australian small and medium enterprises and their representative organisations.\n\n#### 4 Simplified outline of this Act\n\nThe CEO of Austrade may, on behalf of the Commonwealth, make grants to eligible persons to meet their eligible expenses in relation to eligible products.\n\nTo be eligible for a grant, a person must be Australian, and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The person must also meet any other conditions specified in rules made by the Minister.\n\nGrants are paid in accordance with a grant agreement between the CEO of Austrade and a grantee. A grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe CEO has powers to require information and documents from grantees and others.\n\n#### 5 Definitions\n\n  In this Act:\n\n> applicable percentage has the meaning given by subsection 105(3).\n\n> Austrade means the body continued in existence by section 7 of the Australian Trade and Investment Commission Act 1985.\n\n> Australian law means a law of the Commonwealth, of a State or of a Territory.\n\n> CEO of Austrade means the Chief Executive Officer of Austrade referred to in section 7B of the Australian Trade and Investment Commission Act 1985.\n\n> eligible for a grant means eligible under Division 3 of Part 2.\n\n> eligible expense has the meaning given by section 18.\n\n> eligible product has the meaning given by subsection 17(1).\n\n> export means export from Australia, but does not include the taking of goods out of Australia with the intention that the goods will at some later time be brought back to Australia to remain permanently in Australia.\n\n> grant means a grant under this Act.\n\n> grant agreement has the meaning given by subsection 9(1).\n\n> grantee means a person who is party to a grant agreement (other than the CEO of Austrade on behalf of the Commonwealth).\n\n> ready to export has the meaning given by the rules.\n\n> relevant matter has the meaning given by subsection 102(7).\n\n> reviewable decision has the meaning given by section 97.\n\n> rules means rules made under section 106.\n\n## Part 2—Grants\n\n### Division 1—Simplified outline of this Part\n\n#### 6 Simplified outline of this Part\n\nThe CEO of Austrade may, from time to time, invite persons to apply for grants under this Act.\n\nIf the CEO is satisfied that an applicant is eligible for a grant, will have eligible expenses in relation to eligible products and meets any other requirements in the rules, the CEO may enter into a grant agreement with the person under which the grant will be paid.\n\nTo be eligible for a grant, a person must be Australian and (in most cases) be ready to export, or already exporting, products of substantially Australian origin. The rules specify other conditions that must be met.\n\nA grantee must spend the grant money, as well as at least a matching amount of their own money, on eligible expenses in relation to eligible products.\n\nThe rules specify the kinds of expenses that grants are to be used for. Broadly, expenses must be in respect of promotional activities to market eligible products in foreign countries, or training activities to develop skills in such marketing.\n\nA grantee must comply with this Act and the rules, and with the terms and conditions of the grant agreement.\n\nThe amount of a grant to be made to a grantee is determined in accordance with the rules.\n\nCertain decisions of the CEO are reviewable by the Administrative Review Tribunal.\n\n### Division 2—Grants\n\n#### 7 Invitation to apply for grant\n\n  The CEO of Austrade may, from time to time, invite persons to apply for grants of money under this Act for the purposes of meeting eligible expenses in relation to eligible products.\n\n#### 8 Application for grant\n\n  (1) A person may apply, in writing, to the CEO of Austrade for a grant in response to an invitation under section 7.\n  (2) If the rules prescribe requirements in relation to applications, the application must comply with the requirements.\n\n#### 9 Grant agreement\n\n  (1) If:\n    (a) a person applies for a grant in accordance with section 8; and\n    (b) the CEO of Austrade is satisfied that:\n    (i) the person is eligible for a grant; and\n    (ii) the person will have eligible expenses in relation to eligible products during the term of the agreement; and\n    (iii) any other requirements prescribed by the rules for the purposes of this subparagraph are met in relation to the application;\n  the CEO may, on behalf of the Commonwealth, enter into an agreement (a grant agreement) with the person for the making of a grant to the person for the purposes of meeting eligible expenses of the person in relation to eligible products.\n\n> Note: A decision of the CEO not to enter into a grant agreement with a person is reviewable under Division 7.\n\n  (2) The grant agreement must:\n    (a) be in the form (if any) prescribed by the rules; and\n    (b) be for a period that complies with any requirements prescribed by the rules for the purposes of this paragraph; and\n    (c) comply with any other requirements prescribed by the rules for the purposes of this paragraph.\n\n#### 10 Terms and conditions of grant\n\n  (1) A grantee must comply with this Act and the rules and with any other terms and conditions specified in the grant agreement.\n  (2) The grant agreement must include terms and conditions that:\n    (a) have the effect of requiring the grantee to spend the grant money, as well as at least a matching amount of the grantee’s own money, on eligible expenses of the grantee in relation to eligible products; and\n    (b) provide for:\n    (i) circumstances in which the grantee must repay amounts to the Commonwealth; and\n    (ii) any other matters prescribed by the rules for the purposes of this paragraph.\n\n> Note: An amount repayable to the Commonwealth as mentioned in subparagraph (2)(b)(i) would be a debt due to the Commonwealth.\n\n  (3) Subsection (2) does not limit the terms and conditions that may be specified in the grant agreement.\n\n#### 11 Payment of grant\n\n  (1) A grant, or instalment of a grant, is payable to a person, at a time or in relation to a period, if:\n    (a) the grant agreement to which the person is party provides for the payment of the grant or instalment at the time or in relation to the period; and\n    (b) the CEO of Austrade is satisfied that, at the time or in relation to the period, the person:\n    (i) is eligible for a grant; and\n    (ii) has had or will have eligible expenses in relation to eligible products; and\n    (c) the CEO is satisfied that any other requirements prescribed by the rules for the purposes of this paragraph are met in relation to the payment of the grant or instalment.\n\n> Note: The amount of a grant is determined in accordance with Division 6.\n\n  (2) The CEO must, on behalf of the Commonwealth, pay to the person a grant or instalment payable to the person under subsection (1).\n  (3) Subsections (1) and (2) have effect subject to this Act and the rules, and the terms and conditions of the grant agreement.\n\n> Note: For example, a grant or instalment may not be payable if the person fails to comply with a requirement to give information under Part 3 (information gathering powers).\n\n#### 12 CEO of Austrade has powers etc. of the Commonwealth\n\n  (1) The CEO of Austrade, on behalf of the Commonwealth, has all the rights, responsibilities, duties and powers of the Commonwealth in relation to the Commonwealth’s capacity as the grantor of a grant under this Act.\n  (2) Without limiting subsection (1):\n    (a) an amount payable to the Commonwealth by way of the repayment of the whole or a part of a grant is to be paid to the CEO on behalf of the Commonwealth; and\n    (b) the CEO may institute an action or proceeding on behalf of the Commonwealth in relation to a matter that concerns a grant.\n\n#### 13 Conferral of powers on CEO of Austrade\n\n  The CEO of Austrade may exercise a power conferred on the CEO by a grant agreement.\n\n#### 14 Executive power of the Commonwealth\n\n  This Part does not, by implication, limit the executive power of the Commonwealth.\n\n### Division 3—Eligibility for grant\n\n#### 15 Eligible kinds of persons\n\n  A person of any of the following kinds is eligible for a grant if the person also satisfies the conditions set out in section 16:\n    (a) an individual who is Australian within the meaning of the rules;\n    (b) a body incorporated under the Corporations Act 2001;\n    (c) an association, or cooperative, incorporated under an Australian law;\n    (d) a partnership that is Australian within the meaning of the rules;\n    (e) a trust that is Australian within the meaning of the rules;\n    (f) a body corporate established for a public purpose by or under an Australian law;\n    (g) a kind of person prescribed by the rules.\n\n> Note: See sections 105A and 105B in relation to the treatment of partnerships and trusts.\n\n#### 16 Eligibility conditions\n\n  (1) To be eligible for a grant, a person of a kind mentioned in section 15 must satisfy:\n    (a) the condition set out in subsection (2); and\n    (b) any other conditions prescribed by the rules.\n  (2) Unless the rules exclude the person from this subsection, the person must be either:\n    (a) ready to export eligible products; or\n    (b) both:\n    (i) exporting eligible products; and\n    (ii) seeking to expand the person’s export promotion activity (within existing, or to new, export markets) for eligible products.\n\n> Note: The rules define ready to export.\n\n  (3) If the rules exclude a person from subsection (2), the rules must also prescribe one or more conditions that have the effect of requiring a connection between the person and the marketing of eligible products in a foreign country.\n  (4) Conditions prescribed by the rules for the purposes of paragraph (1)(b):\n    (a) may include a time at which, or a period during which, a person must satisfy the conditions; and\n    (b) may be different for different kinds of persons.\n\n### Division 4—Eligible products\n\n#### 17 Eligible products\n\n  (1) A product prescribed by the rules, which satisfies the conditions prescribed by the rules for that product, is an eligible product.\n  (2) Without limiting the products that may be prescribed by the rules, the rules may prescribe goods, services, events, intellectual property, software and know‑how.\n  (3) The prescribed conditions for a product must include conditions that have the effect of requiring the product to be of substantially Australian origin.\n\n### Division 5—Eligible expenses\n\n#### 18 Eligible expenses\n\n  (1) The rules may prescribe an expense of a person that is an eligible expense of the person.\n  (2) A prescribed expense of a person must be an expense of the person in respect of:\n    (a) promotional activities undertaken for the purpose of marketing eligible products in foreign countries; or\n    (b) training activities undertaken for the purpose of developing skills in marketing eligible products in foreign countries.\n  (3) Despite subsection (1), an expense, or part of an expense, of a person is not an eligible expense of the person if a provision of this Division or the rules provides that the expense or part is excluded.\n\n#### 19 Excluded—expenses covered by other financial assistance schemes\n\n  An expense of a person is excluded if the person has received financial assistance that covers the expense under a scheme for financial assistance (other than under this Act) administered by the Commonwealth or a State or Territory, or an authority of the Commonwealth or a State or Territory.\n\n> Note: If, after a grant is paid to a person in respect of an eligible expense of the person, the person receives financial assistance that covers the expense under another scheme, the person may be required by the rules or their grant agreement to repay the grant.\n\n#### 20 Excluded—expenses in respect of products the sale or export of which would contravene Australian law\n\n  An expense of a person is excluded if the expense is in respect of promotional or training activities related to a product the sale or export of which would contravene an Australian law.\n\n### Division 6—Amount of grant\n\n#### 21 Amount of grant\n\n  (1) The CEO of Austrade must determine the amount of a grant to be made to a person in accordance with the method prescribed by the rules.\n  (2) The rules may prescribe different methods for different circumstances.\n  (3) Rules made for the purposes of subsection (1) may apply in relation to grants, or instalments of grants, payable after the rules commence, including under a grant agreement in effect at the time the rules commence.\n\n### Division 7—Review of decisions\n\n#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.\n\n#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.\n\n#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).\n\n## Part 3—Information gathering powers\n\n#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).\n\n#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.\n\n#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.\n\n#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.\n\n## Part 4—Miscellaneous\n\n#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.\n\n#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.\n\n#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.\n\n#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.\n\n#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.\n\n#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":29},{"sectionNumber":"97","sectionType":"section","heading":"Reviewable decisions","content":"#### 97 Reviewable decisions\n\n  Each of the following decisions of the CEO of Austrade is a reviewable decision:\n    (a) a decision under subsection 9(1) not to enter into a grant agreement with a person;\n    (b) a decision under paragraph 11(1)(b) that a person is not eligible for a grant, or has not had or will not have eligible expenses in relation to eligible products;\n    (c) a decision under paragraph 11(1)(c) that a requirement prescribed by the rules for the purposes of that paragraph is not met in relation to the payment of a grant or instalment;\n    (d) a decision prescribed by the rules for the purposes of this paragraph.","sortOrder":30},{"sectionNumber":"98","sectionType":"section","heading":"Reconsideration of reviewable decisions","content":"#### 98 Reconsideration of reviewable decisions\n\n  (1) A person who is affected by a reviewable decision may, if dissatisfied with the decision, request the CEO of Austrade to reconsider it.\n  (2) The request must be made by written notice received by the CEO of Austrade:\n    (a) within the period of 30 days after the day on which the person first receives notice of the decision; or\n    (b) within such further period as the CEO allows.\n  (3) The notice must set out the reasons for making the request.\n  (4) After receiving the request, the CEO of Austrade must reconsider the decision and may confirm or vary the decision in such manner as the CEO thinks fit.\n\n> Note: Section 266 of the Administrative Review Tribunal Act 2024 requires applicants to be notified of their review rights.","sortOrder":31},{"sectionNumber":"99","sectionType":"section","heading":"ART review of decisions of CEO of Austrade","content":"#### 99 ART review of decisions of CEO of Austrade\n\n  An application may be made to the Administrative Review Tribunal for the review of a decision of the CEO of Austrade that has been confirmed or varied under subsection 98(4).","sortOrder":32},{"sectionNumber":"Part 3","sectionType":"part","heading":"Information gathering powers","content":"## Part 3—Information gathering powers","sortOrder":33},{"sectionNumber":"100","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 100 Simplified outline of this Part\n\nThe CEO of Austrade may require applicants and grantees to provide the CEO with information or documents. Grantees may also be required to give the CEO statements from time to time in relation to relevant matters.\n\nFailure to comply may result in an application not being dealt with, or a grant or instalment not being paid. The provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code (the proper administration of Government).","sortOrder":34},{"sectionNumber":"101","sectionType":"section","heading":"CEO of Austrade may require applicants to give the CEO information or documents","content":"#### 101 CEO of Austrade may require applicants to give the CEO information or documents\n\n  (1) The CEO of Austrade may, by written notice given to an applicant for a grant, require the applicant to give the CEO specified information, or produce specified documents, for the purposes of determining whether to enter into a grant agreement with the applicant.\n  (2) The notice must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the applicant).\n  (3) The CEO is not required to deal with an application if the applicant fails to comply with the notice by the specified date, or any later date agreed to by the CEO.","sortOrder":35},{"sectionNumber":"102","sectionType":"section","heading":"CEO of Austrade may require grantees to give the CEO information or documents, or statements","content":"#### 102 CEO of Austrade may require grantees to give the CEO information or documents, or statements\n\n  Information or documents\n  (1) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO specified information, or produce specified documents, for the purposes of satisfying the CEO about a relevant matter in relation to the grant.\n  (2) A notice under subsection (1) must specify the day by which the information is to be given or the documents produced (which must be at least 14 days after the day the notice is given to the grantee).\n  (3) If:\n    (a) a grantee is required by a notice under subsection (1) to give the CEO information or produce a document; and\n    (b) the grantee does not do so by the specified date, or by any later date agreed to by the CEO;\n  the CEO must not pay a grant, or any instalment of a grant, to the grantee.\n  Statements\n  (4) The CEO of Austrade may, by written notice given to a grantee, require the grantee to give the CEO one or more statements informing the CEO about specified relevant matters in relation to a specified grant, or specified instalment of a grant, to the grantee.\n  (5) A notice under subsection (4) must specify when the statement or each statement is to be given (which, for the statement or the first statement, must be at least 14 days after the day the notice is given to the grantee).\n  (6) If:\n    (a) a grantee is required by a notice under subsection (4) to give the CEO a statement in relation to a specified grant, or specified instalment of a grant; and\n    (b) the grantee does not do so when required, or as otherwise agreed to by the CEO;\n  the CEO must not pay the grant, or the instalment, to the grantee.\n  Relevant matters\n  (7) A relevant matter is any of the following:\n    (a) whether a grantee is eligible for a grant, or has had or will have eligible expenses in relation to eligible products;\n    (b) whether grant money is used to meet agreed eligible expenses of a grantee in relation to eligible products;\n    (c) whether a grantee is otherwise complying with this Act, the rules and the grant agreement.","sortOrder":36},{"sectionNumber":"103","sectionType":"section","heading":"Part does not limit other powers","content":"#### 103 Part does not limit other powers\n\n  This Part does not limit the making of rules, or the inclusion of terms and conditions in a grant agreement, requiring information or statements to be given or documents produced.","sortOrder":37},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"## Part 4—Miscellaneous","sortOrder":38},{"sectionNumber":"104","sectionType":"section","heading":"Simplified outline of this Part","content":"#### 104 Simplified outline of this Part\n\nThis Part deals with the following miscellaneous matters:\n\n(a) a cap on administration costs;\n\n(b) treatment of partnerships and trusts;\n\n(c) the making of rules by the Minister;\n\n(d) regular reviews of the assistance scheme provided for by this Act.","sortOrder":39},{"sectionNumber":"105","sectionType":"section","heading":"Administration costs","content":"#### 105 Administration costs\n\n  (1) In any financial year, no more than the applicable percentage of the money appropriated (the appropriated amount) by the Parliament for the purposes of making payments under this Act is to be applied in payment of the costs of the administration of this Act.\n  (2) To avoid doubt, if the costs of the administration of this Act for a financial year exceed the applicable percentage of the appropriated amount for that year, the excess costs are to be paid otherwise than out of the appropriated amount.\n  (3) The applicable percentage is the following:\n    (a) for the financial year ending on 30 June 2021—7.5%;\n    (b) for the financial year ending on 30 June 2022—7%;\n    (c) for a financial year ending on or after 30 June 2023—5%.","sortOrder":40},{"sectionNumber":"105A","sectionType":"section","heading":"Treatment of partnerships","content":"#### 105A Treatment of partnerships\n\n  (1) This Act applies to a partnership as if it were a person, but with the changes set out in this section.\n  (2) An obligation that would otherwise be imposed on the partnership by this Act is imposed on each partner instead, but may be discharged by any of the partners.\n  (3) An offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the partnership is taken to have been committed by each partner in the partnership, at the time the offence was committed, who:\n    (a) did the relevant act or made the relevant omission; or\n    (b) aided, abetted, counselled or procured the relevant act or omission; or\n    (c) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).\n  (4) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.\n  (5) A reference in this section to this Act includes a reference to the rules.","sortOrder":41},{"sectionNumber":"105B","sectionType":"section","heading":"Treatment of trusts","content":"#### 105B Treatment of trusts\n\n  (1) This Act applies to a trust as if it were a person, but with the changes set out in this section.\n  (2) If the trust has a single trustee:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on the trustee instead; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by the trustee.\n  (3) If the trust has 2 or more trustees:\n    (a) an obligation that would otherwise be imposed on the trust by this Act is imposed on each trustee instead, but may be discharged by any of the trustees; and\n    (b) an offence against Chapter 7 of the Criminal Code in relation to this Act that would otherwise have been committed by the trust is taken to have been committed by each trustee of the trust, at the time the offence was committed, who:\n    (i) did the relevant act or made the relevant omission; or\n    (ii) aided, abetted, counselled or procured the relevant act or omission; or\n    (iii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the trustee).\n  (4) A reference in this section to this Act includes a reference to the rules.","sortOrder":42},{"sectionNumber":"106","sectionType":"section","heading":"Rules","content":"#### 106 Rules\n\n  (1) The Minister may, by legislative instrument, make rules prescribing matters:\n    (a) required or permitted by this Act to be prescribed by the rules; or\n    (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n  (2) The rules may make provision for any matter by reference to a decision of the CEO of Austrade.\n  (3) To avoid doubt, the rules may not do the following:\n    (a) create an offence or civil penalty;\n    (b) provide powers of:\n    (i) arrest or detention; or\n    (ii) entry, search or seizure;\n    (c) impose a tax;\n    (d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;\n    (e) directly amend the text of this Act.","sortOrder":43},{"sectionNumber":"106A","sectionType":"section","heading":"Review of the scheme","content":"#### 106A Review of the scheme\n\n  (1) The Minister must cause an independent review of the assistance scheme provided for by this Act to be conducted in accordance with subsections (1A) and (1B).\n  (1A) The first review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than the fifth anniversary of the commencement of Schedule 1 to the Export Market Development Grants Legislation Amendment Act 2020.\n  (1B) Each subsequent review must be completed, and a written report given to the Minister, by a date determined by the Minister that is no later than 5 years after the completion of the previous review.\n  (2) In conducting the review, submissions from the public must be called for and public hearings may be conducted.\n  (4) The Minister must cause a copy of the report to be laid before each House of the Parliament within 15 sitting days after receiving it.","sortOrder":44}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":632},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of providing grants to Australian SMEs for export market development. The 2020 amendments (reflected in the review timing provisions) appear to have streamlined rather than expanded the scheme's scope."},"complexity_factors":["Heavy reliance on delegated legislation ('rules') for substantive details including eligibility criteria, product definitions, expense categories, and grant calculation methods","Multiple layers of conditions: statutory conditions, rule-based conditions, and grant agreement terms","Special treatment of partnerships and trusts with personal liability provisions for partners and trustees","Cross-references to external legislation including the Australian Trade and Investment Commission Act 1985, Corporations Act 2001, Administrative Review Tribunal Act 2024, and Criminal Code","Nested definitions: 'eligible product' depends on rules, which depend on 'substantially Australian origin' conditions","Temporal complexity with phased reduction in administration cost caps (7.5% → 7% → 5%) and review timing tied to 2020 amendment commencement","Review rights involve two-stage process: internal reconsideration by CEO, then ART review"],"plain_english_summary":"This Act establishes a **government grant program** to help Australian small and medium businesses break into overseas markets.\n\n**What it does**\n- The CEO of Austrade (Australia's trade promotion agency) can invite businesses to apply for grants to cover costs of **promoting Australian products overseas** or **training staff in export marketing skills**\n- Grants are paid under a formal agreement, and businesses must **match the grant with their own money** (dollar-for-dollar)\n\n**Who can apply**\n- Australian individuals, companies, incorporated associations, partnerships, trusts, and certain public bodies\n- Must be either **ready to export** or **already exporting** Australian-made products, and seeking to expand into new markets\n- The exact details of who qualifies and what products are eligible are set out in **rules made by the Minister** (separate from this Act)\n\n**What the money can be used for**\n- Promotional activities in foreign countries (marketing, trade shows, advertising, etc.)\n- Training to develop export marketing skills\n- Expenses are **excluded** if already covered by another government scheme, or if they relate to products that can't legally be exported\n\n**Key conditions**\n- Grant agreements require the business to spend the money on approved expenses\n- The CEO can demand information and documents from applicants and grant recipients\n- **Decisions can be reviewed** by the Administrative Review Tribunal (ART) if the CEO refuses a grant or payment\n\n**Other features**\n- **Administration costs are capped** at 5% of program funding (reduced from 7.5% in 2021)\n- **Partnerships and trusts** are treated specially: obligations fall on individual partners or trustees, who can also be held personally liable for offences\n- The scheme must be **independently reviewed every 5 years**"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the supplied text, the Act’s core object remains the same: encouraging development of foreign markets for Australian products through targeted financial assistance (s3). The Act delegates operational scope (eligible products, eligible expenses, methods for calculating amounts) to Ministerial rules (s17, s18, s21, s106), but that delegation is an implementation mechanism rather than a change in the Act’s stated scope. No provision in the supplied text indicates a change to the Act’s foundational object or overall scope."},"complexity_factors":["Extensive delegation to Ministerial rules for key definitions and methods (s17, s18, s21, s106) creates conditional complexity because many operative details sit outside the Act.","Discretion vested in the CEO of Austrade to invite applications, determine eligibility and withhold payment subject to statutory review rights (s6, s9, s11, s12, s97–s99).","Matching‑fund requirement and repayment/debt mechanics in grant agreements increase contractual and compliance complexity for grantees (s10(2)(a)–(b)).","Information‑gathering powers that can block payment if not complied with impose procedural obligations and timelines (14‑day minimum periods) (s101–s102).","Special treatment and additional liability rules for partnerships and trusts alter legal character and enforcement pathways (s105A, s105B).","Variable administrative-cost cap that changes by financial year adds an accounting/administration constraint (s105(3)).","Review pathways (internal reconsideration plus Administrative Review Tribunal) create multi-step dispute processes (s98–s99)."],"plain_english_summary":"- What this law does (mechanics)\n  - Gives the CEO of Austrade the power to invite applications and make grants, on behalf of the Commonwealth, to pay for specified export-promotion and marketing-training costs (see s6, s7, s9, s11). Grants are paid under written grant agreements (s9(1), s9(2)).\n  - The Act leaves important detail to rules made by the Minister: who qualifies as eligible, which products and expenses count, how amounts are calculated, time limits and forms (see s16, s17, s18, s21, s106).\n  - Grantees must spend the grant and at least a matching amount of their own money on eligible expenses; grant agreements must include repayment circumstances (see s10(2)(a)–(b)).\n  - The CEO may require applicants and grantees to produce information, documents or periodic statements; failure to comply can stop an application or block payment (see s101–s103). Decisions by the CEO in defined situations are subject to internal reconsideration and Administrative Review Tribunal review (see s97–s99).\n  - The Act contains an administrative-cost cap on the Parliament‑appropriated funds for the scheme (percentages set in s105) and special rules for how the Act applies to partnerships and trusts (s105A, s105B). The Minister must commission independent reviews of the scheme on a periodic basis (s106A).\n\n- Who is affected\n  - Potential grantees: individuals and organisations that are \"Australian\" under the rules and meet eligibility conditions (examples include incorporated bodies, associations, partnerships, trusts—see s15 and s16).\n  - Austrade/CEO: decides invitations, eligibility, payments, and enforces conditions (see s6, s9, s11, s12).\n  - Parliament/Treasury: appropriates money for grants; the Act limits how much of that appropriation may be used for administration (s105).\n\n- Stated purpose and how the law aims to achieve it\n  - The Act’s stated object is to bring benefits to Australia by encouraging creation, development and expansion of foreign markets for Australian products through targeted financial assistance for promotion and marketing training for small and medium enterprises and their representative organisations (s3).\n  - Mechanically, the Act implements that object by: delegating detailed eligibility, product and expense definitions to Ministerial rules (s106); authorising grant agreements that require matching investment by grantees (s10(2)(a)); and linking payment to satisfaction that eligible expenses will be or have been incurred (s11(1)(b)).\n\n- Practical incentives, costs and trade-offs (light analytical test)\n  - Who pays: grants are Commonwealth-funded subject to Parliamentary appropriation; administration spending is capped as a share of each year’s appropriation (s105). Grantees also fund half or more of the activity by the matching requirement (s10(2)(a)).\n  - Who decides: the CEO of Austrade exercises operational discretion over invitations, eligibility findings and payments (s6, s9, s11), while the Minister sets the rules that determine the substantive scope of eligible products, persons and expenses (s106).\n  - Incentives for private actors: applicants gain a subsidy toward export promotion and training but must supply matching funds and comply with reporting; eligibility and payment are conditional on both rule-defined criteria and CEO satisfaction (s10(2)(a), s11(1)(b)).\n  - Compliance burden: applicants and grantees face documentary and reporting obligations (s101–s102); non‑compliance can delay or block payment (s101(3), s102(3), s102(6)); grant agreements may create repayment obligations which are debts to the Commonwealth (s10(2)(b), note).\n  - Bureaucratic discretion and operational risk: many core definitions and methods (including the method to determine amounts) are left to Ministerial rules and decisions of the CEO (s17, s18, s21, s106). That delegation permits operational flexibility but means eligibility, covered expenses and amounts can change without amending the Act itself (subject to the limits in s106(3)).\n  - Effects on market actors: by subsidising export promotion and training, the scheme lowers the private cost of those activities for successful applicants; the Act excludes double‑funding for the same expense from other government schemes (s19), and excludes support for activities linked to products whose sale or export would contravene Australian law (s20).\n  - Concentration of benefits and costs: financial assistance will accrue directly to successful grantees; administrative overhead is borne by the appropriation (with a statutory cap) and ultimately by taxpayers (s105). Because eligibility and product lists are rule-based, beneficiaries may be concentrated in sectors the rules favour.\n  - Enforcement and review: the CEO can recover amounts (treated as Commonwealth debts) and institute proceedings on behalf of the Commonwealth (s12); affected applicants may seek reconsideration and tribunal review of defined CEO decisions (s98–s99).\n\n- Implementation points and risks to watch\n  - The rules (s106) are central: they define \"ready to export\", eligible products and expenses, calculation methods and procedural requirements. Changes to the rules change operational scope without needing to amend the Act.\n  - The Act limits the rules’ powers (for example, rules cannot create offences, impose taxes or directly amend the Act—s106(3)).\n  - Information‑gathering enforcement is strong: failure to supply required documents or statements can suspend processing or payment (s101(3), s102(3), s102(6)).\n  - Partnerships and trusts are treated specially so liabilities and offences may attach to individual partners or trustees (s105A, s105B)."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original intent (1997) was a relatively straightforward financial incentive scheme for Australian exporters. Over time, the scope has broadened: eligible 'products' now explicitly include intangibles like intellectual property, software, events and know-how (not just physical goods); the eligible recipient base has expanded to include a wider variety of legal entities including trusts and bodies corporate established for public purposes; and the 2020 amendment introduced mandatory independent five-yearly reviews and tightened administration cost caps, shifting the program toward greater accountability and transparency. The substantial delegation of key definitions and criteria to ministerial rules also represents a structural expansion beyond the original scheme's more prescriptive approach."},"complexity_factors":["Heavy reliance on subordinate 'rules' (ministerial legislative instruments) for critical details — eligibility criteria, grant amounts, application requirements, and product definitions are all defined elsewhere, not in the Act itself","Multi-layered eligibility framework requiring cross-referencing between sections 15, 16, and the external rules","Special treatment provisions for partnerships and trusts (sections 105A and 105B) create distinct legal obligations depending on business structure","Two-stage review process (internal reconsideration then external tribunal) adds procedural complexity","Matching expenditure requirement and repayment obligations require ongoing financial tracking and compliance","Grant amount calculation method is entirely delegated to ministerial rules, creating uncertainty without reading companion instruments","The Act contains significant structural repetition in the provided text (sections appear multiple times), which, while likely a formatting error in the source document, reflects how layered and cross-referential the instrument is in practice"],"plain_english_summary":"## Export Market Development Grants Act 1997 — What It Does and Who It Affects\n\n### The Big Picture\nThis law sets up a **government grant program** run by Austrade (the Australian Trade and Investment Commission) to help Australian small and medium-sized businesses break into or grow in overseas markets. The Commonwealth (Australian government) hands out money to eligible businesses to cover the costs of promoting their products internationally.\n\n### Who Can Apply?\nYou may be eligible if you are:\n- An **Australian individual, company, partnership, trust, association, cooperative, or government body**\n- Either **ready to start exporting**, or already exporting and looking to expand\n- Selling products that are **substantially made or created in Australia**\n\nEligible 'products' are broad — they can include physical goods, services, events, intellectual property (e.g. patents or trademarks), software, and know-how.\n\n### What Can the Grant Money Be Spent On?\nGrant money must be used for:\n- **Promoting** your Australian products in foreign markets (e.g. trade fairs, overseas advertising), or\n- **Training** staff in international marketing skills\n\nYou **cannot** claim expenses already covered by another government assistance scheme, or expenses related to products that would be illegal to sell or export under Australian law.\n\n### How Does the Grant Process Work?\n1. Austrade's CEO invites applications\n2. You apply in writing\n3. If approved, you sign a **grant agreement** (a formal contract with the Commonwealth)\n4. You must spend the grant money **plus at least the same amount of your own money** on eligible expenses — it's a dollar-for-dollar matching requirement\n5. Grants can be paid in instalments\n6. If you misuse the money or break the rules, you may have to **pay it back** (it becomes a debt to the government)\n\n### Reporting and Compliance\nAustrade can demand information, documents, and progress reports from you at any time. If you don't comply within the required timeframe (at least 14 days notice is required), your grant payments can be **withheld or stopped**. Providing false or misleading information is a **criminal offence**.\n\n### Can You Challenge a Decision?\nYes — if Austrade refuses your application or withholds a payment, you can:\n1. First ask Austrade to **reconsider** the decision (within 30 days of being notified)\n2. If still unhappy, apply to the **Administrative Review Tribunal** (an independent body that reviews government decisions) for a fresh look\n\n### Administration Cost Cap\nThe law limits how much of the program's budget can be spent on running the program itself — capped at **5% from the 2022-23 financial year onwards** (down from 7.5% in 2020-21). This ensures most of the money goes to businesses, not bureaucracy.\n\n### Who Does This Affect?\n- **Small and medium Australian exporters** or aspiring exporters — this program is directly aimed at you\n- **Industry representative organisations** — you may also be eligible\n- **Partnerships and trusts** — individual partners/trustees carry legal obligations personally under this Act"},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"Section 5 (definition of 'eligible for a grant') / Section 15-16","severity":"medium","reasoning":"The Act delegates the critical definition of 'ready to export' entirely to ministerial rules under section 106, meaning Parliament has not defined a threshold eligibility condition in the primary legislation at all. If the Minister fails to make rules defining 'ready to export', the eligibility condition in s16(2)(a) becomes inoperative, yet the Act still purports to impose obligations on persons who are 'ready to export'.","confidence":0.82,"description":"Circular definition: 'eligible for a grant' is defined as 'eligible under Division 3 of Part 2', while Division 3 of Part 2 (sections 15-16) defines eligibility by reference to conditions including being 'ready to export eligible products', where 'ready to export' is itself defined by the rules. The Act therefore creates a chain of definitions that bottoms out entirely in subordinate legislation, meaning the primary Act contains no self-contained definition of a core eligibility concept."},{"type":"circular_definition","section":"Section 17(1) / Section 18(1)","severity":"medium","reasoning":"Section 17(1) states a product 'prescribed by the rules' is an eligible product; s18(1) states 'the rules may prescribe' eligible expenses. The use of 'may' in s18(1) is particularly notable — it is permissive, not mandatory, meaning the rules are not even required to prescribe any eligible expenses, yet grantees are obligated under s10(2)(a) to spend grant money on eligible expenses. If no expenses are prescribed, compliance becomes impossible.","confidence":0.78,"description":"The definitions of both 'eligible product' and 'eligible expense' are entirely delegated to the rules, meaning the Act's core operative concepts — what products and expenses the scheme covers — have no statutory content. If the Minister makes no rules, or makes inadequate rules, the grant scheme is entirely inoperable as a matter of primary legislation."},{"type":"other","section":"Section 10(2)(a)","severity":"low","reasoning":"The object in s3 is to provide 'targeted financial assistance' to meet export promotion costs. The matching requirement in s10(2)(a) means the Commonwealth never actually 'meets' the eligible expenses — it only co-funds them. While co-funding schemes are legitimate policy, the framing in s7 ('grants for the purposes of meeting eligible expenses') and s3 is arguably inconsistent with the mandatory matching requirement.","confidence":0.65,"description":"A grantee is required to spend grant money AND at least a matching amount of their own money on eligible expenses. However, the grant is awarded to 'meet eligible expenses'. This creates a logical peculiarity: the grant is provided to cover costs, but the grantee must simultaneously spend at least the same amount from their own funds. The grant therefore does not 'meet' eligible expenses — it supplements them at best, covering only up to 50% of total eligible expenditure."},{"type":"other","section":"Section 106A(2) / Section 106A(4)","severity":"medium","reasoning":"The absence of subsection (3) in s106A is a clear structural irregularity. Legislative provisions are numbered sequentially; the jump from (2) to (4) suggests a subsection was either accidentally omitted or repealed without renumbering. Subsection (4) directs the Minister to table 'the report' but without subsection (3) there is no provision specifying who conducts the review or what the report must contain, other than the general direction in subsections (1), (1A) and (1B).","confidence":0.92,"description":"Section 106A contains subsections (1), (1A), (1B), (2), and (4) — subsection (3) is missing entirely. This creates a structural gap in the provision governing reviews of the scheme. Subsection (4) refers implicitly to a 'report' without subsection (3) ever having specified requirements for the content of that report, suggesting a drafting omission."},{"type":"impossible_compliance","section":"Section 105(3)","severity":"high","reasoning":"The definition of 'applicable percentage' in s5 refers to s105(3), which only specifies percentages from FY2021 onwards. For all prior financial years, 'applicable percentage' has no defined value, meaning s105(1) — the cap on administration costs — was literally unenforceable from 1997 to 2020. This is either a retroactive impossibility (the cap never applied historically) or the section was entirely re-written by the 2020 amending Act without regard to historical application.","confidence":0.88,"description":"The administration cost cap percentages are specified for financial years ending 30 June 2021, 30 June 2022, and 'on or after 30 June 2023'. Since the Act commenced in 1997, there are no specified percentages for the financial years 1997-98 through 2019-20 — a period of over 22 years. The applicable percentage for those years is undefined, making the administration cost cap provision unenforceable for most of the Act's operational history."},{"type":"self_contradicting","section":"Section 20 / Section 17(3)","severity":"low","reasoning":"If a product is prescribed as an eligible product by the rules but its export is later prohibited by law, the product retains its status as an 'eligible product' under s17(1) (the rules have not been amended), but all expenses in relation to it are excluded under s20. A grantee could enter a grant agreement with eligible products in mind, only to find they have no eligible expenses — yet remain bound by grant agreement obligations.","confidence":0.7,"description":"Section 20 excludes expenses related to products 'the sale or export of which would contravene an Australian law'. However, section 17(3) already requires eligible products to be of 'substantially Australian origin' and to meet rules-prescribed conditions. There is no mechanism to exclude an otherwise rules-prescribed 'eligible product' from the definition of eligible product on the basis that its export contravenes law — so a product could simultaneously be an 'eligible product' under s17 and generate only excluded expenses under s20, rendering a grantee's entire activity futile."},{"type":"other","section":"Structural — entire document","severity":"high","reasoning":"The document provided repeats the full text of the Act multiple times. While this may be an artefact of the document formatting rather than the Act itself, as presented it constitutes a fundamental structural absurdity — a statute that repeats its own provisions multiple times with no indication of which iteration is authoritative would be unenforceable as drafted.","confidence":0.97,"description":"The legislation as presented contains massively duplicated text. The entire Act appears to be reproduced multiple times in sequence (at least 3-4 full repetitions of Parts 1-4), interspersed with section headings that re-introduce already-stated provisions. This structural absurdity makes it impossible to determine which version of a provision is operative and creates profound uncertainty about the authoritative text of the Act."},{"type":"other","section":"Section 9(1) / Section 7","severity":"medium","reasoning":"The triple discretion (invitation, application, agreement) means the legislative framework for grants is entirely dependent on the CEO's unreviewable decision to invite in the first place. No right of review exists for a failure to issue an invitation under s7. The scheme's object (s3) and simplified outlines suggest entitlement-like operation, but the actual operative provisions confer no entitlement whatsoever at any stage prior to a grant agreement being signed.","confidence":0.75,"description":"Section 7 states the CEO 'may' invite persons to apply for grants. Section 8 only permits applications 'in response to an invitation under section 7'. Section 9 then provides that if a person applies in accordance with s8 and meets the criteria, the CEO 'may' enter into a grant agreement. The cumulative discretions mean that even a fully eligible applicant has no enforceable right to a grant, and the CEO can frustrate the scheme entirely by simply not issuing invitations — yet s6 and s4 describe the scheme as if it operates as a matter of course."}],"contradictions":[{"severity":"high","section_a":"Section 11(2)","section_b":"Section 102(3)","confidence":0.88,"description":"Section 11(2) imposes a mandatory obligation on the CEO to pay a grant or instalment that is 'payable' under s11(1). Section 102(3) provides that if a grantee fails to comply with an information notice, 'the CEO must not pay' the grant or instalment. These provisions directly contradict each other: s11(2) says the CEO must pay; s102(3) says the CEO must not pay. The saving provision in s11(3) ('subject to this Act') ameliorates but does not cleanly resolve the contradiction, as s11(2) remains a positive mandatory duty."},{"severity":"medium","section_a":"Section 3 (Object)","section_b":"Section 15(f)","confidence":0.8,"description":"The object of the Act (s3) is to assist 'Australian small and medium enterprises and their representative organisations'. However, s15(f) makes eligible 'a body corporate established for a public purpose by or under an Australian law' — i.e., government bodies. A government statutory corporation is neither a small or medium enterprise nor a representative organisation of such. The eligibility provision thus directly contradicts the stated object of the Act."},{"severity":"medium","section_a":"Section 16(2)","section_b":"Section 16(3)","confidence":0.72,"description":"Section 16(2) sets the primary eligibility condition (being ready to export or actively exporting eligible products). Section 16(3) allows the rules to exclude a person from s16(2), in which case the rules must prescribe a condition requiring 'a connection between the person and the marketing of eligible products in a foreign country'. This means a person who has no connection to exporting can be eligible if the rules so provide — directly contradicting the export-orientation requirement that is stated in both s16(2) and the Act's object in s3."},{"severity":"high","section_a":"Section 21(3)","section_b":"Section 9(1) / Section 10","confidence":0.85,"description":"Section 21(3) allows rules made for determining grant amounts to apply to grants payable after the rules commence, 'including under a grant agreement in effect at the time the rules commence'. This means the amount of a grant can be changed by ministerial rules after a grant agreement has been entered into, potentially reducing the grant amount below what the grantee agreed to when they committed to spending matching funds under s10(2)(a). This creates a retroactive impossibility: a grantee may have already incurred matching expenditure based on an anticipated grant amount that can then be unilaterally reduced."},{"severity":"medium","section_a":"Section 98(4)","section_b":"Section 99","confidence":0.7,"description":"Section 98(4) states the CEO 'must reconsider the decision and may confirm or vary the decision'. Section 99 allows ART review only of a decision 'that has been confirmed or varied under subsection 98(4)'. Since s98(4) states the CEO 'may' confirm or vary (rather than 'must' confirm or vary to one outcome), the provision implicitly contemplates the CEO might reconsider without formally confirming or varying — e.g. substituting an entirely new decision. Such a new decision would not be 'confirmed or varied' within s99, potentially placing it beyond ART review entirely."},{"severity":"low","section_a":"Section 106(1)(b)","section_b":"Section 106(3)(a)","confidence":0.65,"description":"Section 106(1)(b) allows the Minister to make rules 'necessary or convenient to be prescribed for carrying out or giving effect to this Act'. The Act (s100, Simplified Outline of Part 3) states that 'the provision of false or misleading information may be an offence against Chapter 7 of the Criminal Code'. However, s106(3)(a) expressly prohibits the rules from creating an offence. If the rules cannot create offences, and the Act itself creates none, the statement in s100 about criminal offences is misleading — the Act relies entirely on the pre-existing Criminal Code provisions applying of their own force, which is not guaranteed in all circumstances contemplated by the Act."}]}},"importantCases":[],"_links":{"self":"/api/acts/export-market-development-grants-act-1997","history":"/api/acts/export-market-development-grants-act-1997/history","analysis":"/api/acts/export-market-development-grants-act-1997/analysis","conflicts":"/api/acts/export-market-development-grants-act-1997/conflicts","importantCases":"/api/acts/export-market-development-grants-act-1997/important-cases","documents":"/api/acts/export-market-development-grants-act-1997/documents"}}