What it does
The Export Market Development Grants Act 1997 establishes a discretionary grant scheme administered by the CEO of Austrade on behalf of the Commonwealth. Its stated object in section 3 is to bring benefits to Australia by encouraging the creation, development and expansion of foreign markets for Australian products. This is achieved by providing targeted financial assistance for promotional activities and the development of marketing skills, directed primarily at Australian small and medium enterprises and their representative organisations.
The operational heart of the Act is contained in Part 2. Under section 7 the CEO may from time to time invite persons to apply for grants to meet eligible expenses in relation to eligible products. An application must be in writing and, if the rules prescribe requirements, must comply with them (section 8). Where the CEO is satisfied that the applicant is eligible for a grant under Division 3, will have eligible expenses in relation to eligible products during the term of the agreement, and meets any other requirements prescribed by the rules, the CEO may enter into a grant agreement (section 9(1)). The agreement must be in any form prescribed by the rules, run for a period that complies with the rules, and otherwise satisfy any requirements set by the rules (section 9(2)).
A grant agreement is the legal vehicle for payment. Section 10(1) requires the grantee to comply with the Act, the rules and any other terms and conditions in the agreement. The agreement itself must contain terms that require the grantee to spend both the grant money and at least a matching amount of the grantee's own money on eligible expenses in relation to eligible products (section 10(2)(a)). It must also address circumstances in which the grantee must repay amounts to the Commonwealth and any other matters prescribed by the rules (section 10(2)(b)). Subsection 10(3) makes clear that these are minimum requirements; the agreement can contain wider conditions.