10Eligibility conditions for applicants that are not representative bodies

10 Eligibility conditions for applicants that are not representative bodies

(1) For the purposes of paragraph 16(1)(b) of the Act, the conditions in subsection (2) must be satisfied by a person (other than a representative body) at the time the person applies for a grant to be payable under a category of grant agreement. (2) The conditions are: (a) if the CEO of Austrade decides that only one or more categories of grant agreements may be entered into at that time—the grant agreement is of one of those categories; and (b) the person has a high‑quality plan for marketing or promoting eligible products in a foreign country that is unique to and tailored to the person’s business; and (c) the person has the capacity to spend: (i) $20,000; or (ii) if the CEO decides a higher amount for that category of grant agreement and that time—that higher amount; on marketing or promoting those eligible products in the foreign country; and (d) if the CEO of Austrade decides that grants under that category of grant agreement are only to be payable in relation to particular markets at that time—the person intends to market or promote those eligible products in one of those markets; and (e) the person is conducting a business of providing those eligible products under an ABN and has been conducting the business under the same ABN for at least: (i) 2 years; or (ii) if the CEO of Austrade decides a higher number of years for that category of grant agreement and that time—that higher number of years; and (f) the turnover of the business for the financial year before the financial year in which the application is made is less than $20,000,000 but more than: (i) $100,000; or (ii) if the CEO of Austrade decides a higher amount for that category of grant agreement and that time—that higher amount; and (g) the person is fit to receive a grant (see section 13); and (h) entry into the grant agreement would not result in: (i) the person having entered into one or more tier 1 agreements that in total are for a period of longer than 2 years; or (ii) the person having entered into one or more tier 2 agreements that in total are for a period of longer than 4 years; or (iii) the person having entered into one or more tier 3 agreements that in total are for a period of longer than 4 years; or (iv) the person having entered into one or more grant agreements of any category that in total are for a period of longer than 8 years; or (v) the person being paid grants in respect of a period longer than 8 years. (3) For the purposes of paragraph (2)(h): (a) a reference to a category of agreement includes any equivalent category of agreement entered under: (i) the Act as in force at any time; or (ii) the Export Market Development Grants Act 1974 as in force at any time on or after 1 July 1990; and (b) a reference to a grant includes a grant within the meaning of: (i) the Act as in force at any time; or (ii) the Export Market Development Grants Act 1974 as in force at any time on or after 1 July 1990; and (c) the number of grant agreements that a person (the grantee) has entered, or the number of grants paid to the grantee, includes grant agreements entered into by another person, and grants paid to another person, (including another person that has ceased to exist), if the CEO of Austrade is satisfied that the grantee is in substance conducting the business that the other person conducted, having regard to any of the following: (i) the nature and assets of the businesses conducted by the grantee and the other person; (ii) the individuals controlling or constituting the grantee and the other person; (iii) any other matters the CEO of Austrade considers relevant.