Proudly Australian Held

What this mark certifies

This mark confirms that a business is majority Australian held. It is the flagship of the program, and it exists because Australian ownership is one of the strongest purchasing signals in the market and one of the most frequently asserted without any basis. A verified mark lets a customer, a procurement officer or a partner rely on a checked position rather than a slogan.

The mark speaks to ownership, which determines who controls the business and where its profits ultimately flow. It is held to a majority Australian threshold traced through to the ultimate beneficial owners, so that a layer of Australian directors sitting above a foreign parent does not qualify a business that is, in substance, foreign controlled.

The mark is not a country of origin claim. It does not state that any product is made, grown, produced or assembled in Australia, and it must never be presented in a way that suggests manufacture in Australia. A business that imports its goods can still be Australian held, because the mark certifies the ownership position and nothing about the origin of what the business sells.

Certification requirements

• Beneficial ownership of a minimum of 51% is held by Australian citizens or Australian permanent residents, traced to the ultimate beneficial owners.

• Where the applicant sits within a corporate group, the ultimate holding entity meets the same 51% threshold, and foreign ultimate ownership above 49% disqualifies the applicant.

• Control of the business does not rest with a foreign party through shareholding, shareholder agreements, options, convertible instruments, funding arrangements or board control.

• The business holds a current Australian Business Number and operates in Australia.

Evidence required

• A current ASIC company extract dated within the preceding thirty days.

• The full register of members and a shareholding structure diagram traced to the ultimate beneficial owners.

• Evidence of Australian citizenship or permanent residency for each individual relied on to meet the threshold.

• Where the business is held through a trust, the trust deed and the identity of the beneficiaries.

• Any shareholder agreement, option deed or funding arrangement that affects control.

• A signed ownership declaration by a director or responsible officer.

How it is assessed

The approved certifier traces the ownership chain to the ultimate beneficial owners against ASIC records and the evidence supplied, confirms the Australian citizenship or residency of the owners relied on, and examines any agreement that could shift control to a foreign party. The certificate records the certified ownership position as at the assessment date.

Re-verification and monitoring

Certification is valid for twelve months and is subject to annual re-verification. Because ownership can change at any time, this mark carries an immediate notification obligation set out in the contractual terms below, and CAQA reserves the right to request an updated ASIC extract and shareholding structure at any time during the term on reasonable grounds.

Grounds for refusal, suspension or revocation

Certification is refused, suspended or revoked where Australian beneficial ownership falls below 51%, where control passes to a foreign party, where the holder fails to notify a change within the contractual timeframe, or where the ownership information provided is found to be untrue or incomplete.

Contractual obligations on the badge holder

In addition to the core terms of the CAQA Certified Licence Agreement in Section 4, a holder of this mark agrees to the following obligations specific to this badge.

1. 1

   The holder must maintain Australian beneficial ownership of a minimum of 51%, traced to the ultimate beneficial owners, throughout the licence term.

2. 2

   The holder must notify CAQA in writing within five business days of any change in ownership or control, and immediately upon entering any agreement or transaction that would reduce Australian beneficial ownership below 51% or transfer control to a foreign party.

3. 3

   The holder must cease all use of the mark immediately, without waiting for a determination by CAQA, if Australian beneficial ownership falls below 51% or control passes to a foreign party.

4. 4

   The holder must provide an updated ASIC extract and shareholding structure within ten business days of a request by CAQA.

5. 5

   The holder must not display or position the mark in any way that resembles, imitates or could be confused with the Australian Made kangaroo logo, or that implies the business or its products are made or produced in Australia.

6. 6

   The holder warrants that all ownership information provided is true, accurate and complete, and acknowledges that certification is granted in reliance on that information.