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Wednesday, 6 June 2001
Page: 27430


Mr IAN MACFARLANE (Minister for Small Business) (5:18 PM) —by leave—I present a supplementary explanatory memorandum to the bill and move government amendments Nos 1 to 3:

(1) Schedule 1, page 25 (after line 5), after Part 13, insert:

Part 13AEvents promoters

64A Subsection 10(1) (after table item 4)

Insert:

4A

an eligible event marketed by the person under a written contract between the person and the event holder

the amount or value of the consideration received by the event holder during the year for the sale of goods and services in connection with the event (including participation in the event) to persons attending the event that are not residents of Australia

64B Subsection 10(1) (table, note)

Omit “eligible goods”, substitute “eligible event, eligible goods, event holder”.

64C At the end of section 10

Add:

(7) The regulations may make provision for calculating the relevant earnings of events promoters if 2 or more events promoters market the same eligible event (see item 4A of the table in subsection (1)).

64D Subsection 23(1)

After “services,”, insert “an event,”.

64E After section 25

Insert:

25A Eligible events

(1) Subject to subsection (2), an event is an eligible event if:

(a) the event is held in Australia; and

(b) there is an events promoter for the event; and

(c) the events promoter is not, in Austrade's opinion, closely related to the event holder; and

(d) the event is not an event of a kind prescribed by the regulations for the purposes of this paragraph.

Note 1: For event, event holder and events promoter see section 107.

Note 2: Austrade's decisions whether events promoters are not closely related to event holders are subject to guidelines determined by the Minister under section 101.

(2) Despite subsection (1), a particular event that, apart from this subsection, would be an eligible event, is not such an event if Austrade determines, in writing, having regard to all the facts available to it, that the Australian input in the event is not sufficient to ensure that Australia will derive a significant net benefit from the holding of the event.

64F At the end of section 37

Add:

(2) For the purposes of section 33, an eligible promotional activity in relation to an applicant is for an approved promotional purpose if it is carried out for the purpose of promoting an eligible event, for which the applicant is an events promoter, to persons outside Australia.

(3) An eligible promotional activity is not for an approved promotional purpose if it is carried out for the purpose of soliciting sponsorship for an eligible event.

64G After subsection 46(1)

Insert:

(1A) However, subsection (1) does not apply to expenses of an applicant incurred as an events promoter.

64H Paragraph 101(1)(b)

Repeal the paragraph, substitute:

(b) guidelines to be complied with by Austrade in forming, for the purposes of paragraph 25A(1)(c), an opinion whether an events promoter is, or is not, closely related to an event holder and, for the purposes of Part 5, an opinion whether a person is, or is not, closely related to an applicant; and

64J Section 107

Insert:

eligible event has the meaning given by section 25A.

64K Section 107 (after paragraph (b) of the definition of eligible products)

Insert:

(ba) eligible events; or

64L Section 107

Insert:

event includes a conference, a meeting, a convention, an exhibition and a sporting, cultural or entertainment event.

64M Section 107

Insert:

event holder, in relation to an event, means the person holding the event.

64N Section 107

Insert:

events promoter, for an event, means a person that markets the event, under a written contract between the person and the event holder, to persons outside Australia.

(2) Schedule 1, page 25, after proposed Part 13A, insert:

Part 13BBringing buyers to Australia

64P Subsection 33(2) (at the end of the table)

Add:

7

bringing one or more buyers (or potential buyers) that are not residents of Australia to Australia to the extent to which the buyers are brought to Australia for an approved promotional purpose

all expenses:(a) incurred by the applicant in payments to persons that, in Austrade's opinion, were not closely related to the applicant; and(b) that are allowable expenses under section 34A;up to a limit of:(c) if the applicant is a grantee in respect of any previous grant year—$45,000 for the grant year; or(d) if the applicant is not a grantee in respect of any previous grant year—$45,000 for the grant year and the immediately preceding year

64Q After section 34

Insert:

34A Expenses relating to bringing buyers to Australia

(1) This section sets out the allowable expenses of an applicant in respect of bringing a buyer to Australia (see item 7 of the table in section 33).

(2) Subject to subsections (5) and (6), an air fare for any air travel reasonably undertaken by the buyer is an allowable expense.

Note: Only 65% of a first class air fare is to be taken into account as a claimable expense. See subsection 33(3).

(3) Subject to subsections (5) and (6), all transport expenses (other than air fares) in respect of any travel reasonably undertaken by the buyer are allowable.

(4) Subject to subsections (5) and (6), all reasonable expenses for accommodation and meals for the buyer are allowable.

(5) Expenses that are also claimable expenses in respect of another activity mentioned in the table in section 33 are not allowable.

(6) Expenses exceeding a total of $7,500 in respect of bringing any one buyer to Australia on any one occasion are not allowable.

Note: The overall cap on expenses in respect of bringing buyers to Australia is $45,000 (see item 7 of the table in section 33).

(3) Schedule 1, item 66, page 28 (lines 5 and 6), omit the item, substitute:

66 Diagram 3 in the Reader's Guide (table item 4)

Repeal the item, substitute:

3A. Event held in Australia marketed to persons outside Australia.

Austrade satisfied that Australia will derive a significant net benefit from holding of the event

4. Tourism service supplied in Australia to a non-resident

Austrade satisfied that Australia will derive a significant net benefit from supply of the service

For timing reasons, the EMDG Amendment Bill 2000 being debated today did not include two findings of the review of the EMDG scheme that the government has accepted. These findings concern the inclusion in the EMDG scheme of (1)professional conference organisers and similar events organisers, and (2) the cost of inward travel by overseas buyers. The government is now bringing these measures forward as amendments to the bill. Events promoters, such as conference organisers, promote events to foreign residents on behalf of the event holders and thus increase the export impact of a wide range of business, academic, sporting and other events. These amendments provide access to the EMDG scheme to those event promoters. This will help boost the number of foreign visitors and business tourists to meetings, conventions and other events in both regional and metropolitan Australia. Businesses based in Australia sometimes invite overseas buyers or potential overseas buyers to travel to Australia in order to view or have demonstrated to them their products. These amendments provide for the travel, accommodation and meal expenses incurred in relation to such visits to be claimed under the EMDG scheme. This will assist Australian businesses of all kinds, especially those in the tourism industry. to promote their exports.

Amendments agreed to.

Bill, as amended, agreed to.