any of the following entities carrying on a business in :

a natural person;

a partnership;

a company incorporated or formed in ; or

an authority or body (including a body corporate and a corporation sole):

established for a purpose of the Commonwealth by, or in accordance with the provisions of, a law of the Commonwealth or of the ; or

established for a purpose of a State by, or in accordance with the provisions of, a law of the State;

and includes an Agency (within the meaning of the Public Service Act 1999) and a Department of the Public Service of a State, but does not include the Commission.

CEO means the Chief Executive Officer referred to in section 7B.

Commission means the body continued in existence by section 7.

corporate plan means a plan prepared by the CEO under section 35 of the Public Governance, Performance and Accountability Act 2013, and includes such a plan as varied under section 66 of this Act.

Department of State means a Department of that Territory.

overseas development project means a project by way of: the construction of works; or the provision of services; or the design, supply or installation of equipment or facilities; or the testing in the field of agricultural practices; (including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.

the construction of works; or

the provision of services; or

the design, supply or installation of equipment or facilities; or

the testing in the field of agricultural practices;

(including any necessary preliminary studies, investigations or planning) that is to be carried out in a foreign country.

paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).

performance standard means the performance standard determined under subsection 51(5).

serious misconduct has a meaning affected by subsection 59(1A).

State includes the .

this Act does not, on or after that day, extend to the Territory so specified;

a reference in this Act to a Territory does not, on or after that day, include a reference to the Territory so specified; and

the Territory so specified shall, on and after that day, be deemed, for the purposes of this Act, to be a foreign country.

the CEO; and

the staff of the Commission referred to in section 60.

the Commission is a listed entity; and

the CEO is the accountable authority of the Commission; and

the following persons are officials of the Commission:

the CEO;

the staff of the Commission referred to in section 60;

consultants engaged under section 62; and

the purposes of the Commission include:

the function of the Commission referred to in section 7A; and

the functions of the CEO referred to in section 8.

(a) to facilitate and encourage trade between and foreign countries (in this section referred to as Australian export trade) by:

representing the trading and commercial interests of in foreign countries; and

assisting, directly or indirectly, Australian organisations in trade negotiations; and

promoting, or participating in or co-ordinating projects to promote, Australian export trade; and

obtaining, and making available to Australian organisations, information relating to current or future opportunities for Australian export trade, including opportunities for involvement in overseas development projects; and

supporting and facilitating investment in foreign countries, and facilitating investment in , where that investment is likely to enhance opportunities for Australian export trade; and

carrying out, or assisting other persons to carry out, or participating with other persons in carrying out, in whole or in part, overseas development projects, in circumstances where that course of action will benefit Australian organisations; and

(viii) administering the Export Market Development Grants Act 1997; and

developing and administering schemes to provide assistance in the development of markets in foreign countries; and

facilitating access by persons to Departments of State of the Commonwealth or of a State and to instrumentalities established by or under a law of the Commonwealth or of a State where that access is likely to enhance opportunities for Australian export trade; and

to do any other act or thing required or permitted by:

this Act; or

any other Act; or

an instrument under an Act;

to be done by the CEO; and

to act, outside , as agent for Departments of State of the Commonwealth or for instrumentalities established by or under a law of the Commonwealth.

for purposes related to external affairs; and

in the course of, or in relation to, trade and commerce with other countries, among the States, between Territories or between a Territory and a State; and

for purposes related to a Territory; and

by means of a communication using a postal, telegraphic, telephonic or other like service within the meaning of paragraph 51(v) of the Constitution; and

for purposes related to the collection, compilation, analysis, use and dissemination of statistics; and

for purposes related to a corporation to which paragraph 51(xx) of the Constitution applies; and

for purposes related to lighthouses, lightships, beacons and buoys; and

for purposes related to matters incidental to the execution of the legislative powers of the Parliament or the executive power of the Commonwealth; and

(i) for purposes related to a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970; and

for purposes related to the executive power of the Commonwealth; and

for purposes related to the granting of financial assistance to a State on such terms and conditions as the Parliament thinks fit; and

for purposes related to matters that are peculiarly adapted to the government of a nation and that cannot otherwise be carried on for the benefit of the nation; and

by way of providing a service, if the provision of the service utilises the CEO’s spare capacity and does not impede the CEO’s capacity to perform his or her other functions.

comply with any directions given to the CEO under section 10; and

have regard to the need to provide services as efficiently and economically as possible; and

in relation to his or her functions under subsection 8(1), have regard to:

the desirability of improving and extending the range and accessibility of advice, assistance and financial support available (whether through the Commission and the CEO or otherwise) to persons involved, or likely to be involved, either directly or indirectly, in trade between Australia and foreign countries; and

Australia’s obligations under international agreements.

the day on which it is approved by the Minister; or

the day of commencement of the period to which it relates;

whichever is the later.

a member of the staff of the Commission referred to in section 60 of this Act; or

(b) an APS employee in a non-corporate Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013) who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position.

the CEO; or

a member of the staff of the Commission referred to in section 60; or

a consultant engaged under section 62.

make a record of, or divulge or communicate to any person, any information concerning the affairs of another person acquired by the first-mentioned person by reason of his or her employment; or

produce to any person a document relating to the affairs of another person furnished for the purposes of this Act.

(b) the following information relating to payments of grants authorised by the CEO under the Export Market Development Grants Act 1997 or the Export Market Development Grants Act 1974:

the name and address of a person to whom the CEO has authorised a payment;

the amount of a grant to a person;

the industry to which a grant relates; and

(c) any information of a statistical nature relating to the making of grants under the Export Market Development Grants Act 1974 or the Export Market Development Grants Act 1997.