{"id":"F2026L00222","name":"Australian Jobs (Australian Industry Participation) Rules 2026","slug":"australian-jobs-australian-industry-participation-rules-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443175,"registerId":"F2026L00222-fast-fetch-1775958083434","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Jobs (Australian Industry Participation) Rules 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n ![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAustralian Jobs (Australian Industry Participation) Rules 2026\n\nI, Tim Ayres, Minister for Industry and Innovation, make the following rules.\n\nDated  3 March 2026\n\nTim Ayres\n\nMinister for Industry and Innovation\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n3A  Schedules\n\n4  Definitions\n\nPart 2—Exception to giving draft Australian Industry Participation plan\n\n5  Exception to giving draft AIP plan to the Authority—specified conditions in relation to a plan\n\nPart 3—Compliance reports\n\n6  Information to accompany compliance report—project proponent\n\n7  Information to accompany compliance report—operator of new relevant facility\n\nPart 4—Categories of goods or services\n\n8  Categories of goods or services\n\nPart 5—Notification obligations\n\n9  Notification of preliminary trigger day for major projects\n\nPart 6—Functions of the Authority\n\n10  Functions of the Authority\n\nPart 7—Application, saving and transitional provisions\n\n11  Definitions\n\n12  Compliance reports\n\nSchedule 1—Repeals\n\nAustralian Jobs (Australian Industry Participation) Rule 2014\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Australian Jobs (Australian Industry Participation) Rules 2026.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- The whole of this instrument. The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 128 of the Australian Jobs Act 2013.\n\n3A  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in section 5 of the Act, including the following:\n\n(a) approved AIP plan;\n\n(b) key goods or services for a project;\n\n(c) project proponent.\n\n  In this instrument:\n\nAct means the Australian Jobs Act 2013.\n\nPart 2—Exception to giving draft Australian Industry Participation plan\n\n \n\n5  Exception to giving draft AIP plan to the Authority—specified conditions in relation to a plan\n\n (1) For the purposes of paragraph 17(5)(b) of the Act, this section specifies conditions relating to a plan prepared by a project proponent that has been given to a State or Territory.\n\nNote: A project proponent is not required to give the Authority a draft AIP plan for a project if the project proponent has given a plan to a State or Territory and the plan complies with this section.\n\n (2) The key objective of the plan must be to ensure that Australian entities have full, fair and reasonable opportunity to bid for the supply of goods or services for the project.\n\n (3) The plan must not give preference to suppliers of goods or services located in one State or Territory over suppliers located in another State or Territory.\n\n (4) The plan must include arrangements to ensure that the project proponent notifies the Authority:\n\n (a) when giving the plan to the State or Territory; and\n\n (b) when the State or Territory notifies the project proponent of any decision it makes on the plan.\n\nPart 3—Compliance reports\n\n \n\n6  Information to accompany compliance report—project proponent\n\n (1) For the purposes of paragraph 25(7)(b) of the Act, this section specifies information that must accompany a report mentioned in subsection 25(6) of the Act relating to compliance with Part B of an approved AIP plan during a reporting period.\n\n (2) The information is:\n\n (a) an update on the project for the reporting period; and\n\n (b) details of participation by Australian entities in the supply of key goods or services for the project during the reporting period; and\n\n (c) details of steps taken by the project proponent towards ensuring that the objectives set out in subsection 35(1) of the Act are achieved by each procurement entity for the project; and\n\n (d) details of steps taken by the project proponent towards the fulfilment of the obligations set out in subsection 36(1) of the Act; and\n\n (e) any documentation that supports the information provided under paragraphs (a) to (d); and\n\n (f) details of the key goods and services acquired for the project during the reporting period including:\n\n (i) a description of the goods or services acquired; and\n\n (ii) the Australian or international standards (if any) that apply to the goods or services acquired; and\n\n (iii) the name of the procurement entity responsible for acquiring the goods or services; and\n\n (iv) the contract category mentioned in subsection (3) that applies to the contract used to acquire the goods or services; and\n\n (v) the name and location of the entity whose bid to supply the goods or services was successful; and\n\n (vi) if the successful entity was not an Australian entity—the reason why an Australian entity was not successful; and\n\n (vii) the percentage of Australian content of the goods or services acquired (if any); and\n\n (viii) whether the successful entity is new to the project proponent’s supply chain; and\n\n (g) details of capability, capacity and general competitiveness of Australian entities identified through implementation of the plan during the reporting period; and\n\n (h) the total cumulative commitments awarded for the reporting period (expressed in million dollars); and\n\n (i) the total cumulative commitments awarded to Australian entities (expressed in million dollars); and\n\n (j) the total cumulative commitments awarded to non-‑Australian entities (expressed in million dollars).\n\n (3) For the purposes of subparagraph (2)(g)(iv):\n\n (a) contract category A is a total expenditure under the contract for acquiring goods or services of $1 million or more but not more than $5 million; and\n\n (b) contract category B is a total expenditure under the contract for acquiring goods or services of more than $5 million but not more than $25 million; and\n\n (c) contract category C is a total expenditure under the contract for acquiring goods or services of more than $25 million but not more than $100 million; and\n\n (d) contract category D is a total expenditure under the contract for acquiring goods or services of more than $100 million but not more than $500 million; and\n\n (e) contract category E is a total expenditure under the contract for acquiring goods or services under the contract of more than $500 million.\n\n7  Information to accompany compliance report—operator of new relevant facility\n\n (1) For the purposes of paragraph 26(4)(b) of the Act, this section specifies information that must accompany a report mentioned in subsection 26(3) of the Act relating to compliance with Part C of an approved AIP plan during a reporting period.\n\n (2) The information is:\n\n (a) an update on the operation of the new relevant facility for the reporting period; and\n\n (b) details of participation by Australian entities in the supply of key goods or services for the new relevant facility during the reporting period; and\n\n (c) details of steps taken by the operator of the new relevant facility to ensure that the objectives set out in subsection 39(1) of the Act are achieved by each procurement entity for the new relevant facility; and\n\n (d) details of steps taken by the operator of the new relevant facility towards the fulfilment of the obligations set out in subsection 40(1) of the Act; and\n\n (e) any documentation that supports the information provided under paragraphs (a) to (d); and\n\n (f) details of the key goods and services acquired for the new relevant facility during the reporting period including:\n\n (i) a description of the goods or services acquired; and\n\n (ii) the Australian or international standards (if any) that apply to the goods or services acquired; and\n\n (iii) the name of the procurement entity responsible for acquiring the goods or services; and\n\n (iv) the contract category mentioned in subsection (3) that applies to the contract used to acquire the goods and services; and\n\n (v) the name and location of the entity whose bid to supply the goods or services was successful; and\n\n (vi) if the successful entity was not an Australian entity—the reason why an Australian entity was not successful; and\n\n (vii) the percentage of Australian content of the goods or services acquired (if any); and\n\n (viii) whether the successful entity is new to the supply chain of the operator of the new relevant facility; and\n\n (g) details of capability, capacity and general competitiveness of Australian entities identified through implementation of the plan during the reporting period; and\n\n (h) the total cumulative commitments awarded for the reporting period (expressed in million dollars); and\n\n (i) the total cumulative commitments awarded to Australian entities (expressed in million dollars); and\n\n (j) the total cumulative commitments awarded to non-‑Australian entities (expressed in million dollars).\n\n (3) For the purposes of subparagraph (2)(f)(iv):\n\n (a) contract category A is a total expenditure under the contract for acquiring goods or services of $1 million or more but not more than $5 million; and\n\n (b) contract category B is a total expenditure under the contract for acquiring goods or services of more than $5 million but not more than $25 million; and\n\n (c) contract category C is a total expenditure under the contract for acquiring goods or services of more than $25 million but not more than $100 million; and\n\n (d) contract category D is a total expenditure under the contract for acquiring goods or services of more than $100 million but not more than $500 million; and\n\n (e) contract category E is a total expenditure under the contract for acquiring goods or services of more than $500 million.\n\nPart 4—Categories of goods or services\n\n \n\n8  Categories of goods or services\n\n  For the purposes of paragraphs 36(1)(d) and 40(1)(d) of the Act, the categories into which key goods or services must be broken down for the purpose of publishing a statement relating to the expectations of the project proponent or operator are the categories that are the most reasonable and appropriate in the context of how the project proponent or operator expects the goods and services to be acquired or supplied.\n\nNote: It is possible to classify complex key goods and services in different ways, which may create different impressions of the expectations of the project proponent or operator. For example, there is a significant difference between:\n\n(a) a single category of a piece of machinery and several categories of the machinery’s components; or\n\n(b) a single category of a drum and its contents and several categories of the drum and each of its contents.\n\n The categories chosen by the project proponent or the operator must reflect accurately the intention about how the key goods and services will be acquired or supplied for the purposes of the AIP plan. The Authority is able to assist project proponents and operators to choose appropriate categories.\n\nPart 5—Notification obligations\n\n \n\n9  Notification of preliminary trigger day for major projects\n\n (1) For the purposes of paragraph 41(3)(b) of the Act, this section specifies information that must accompany a notification of the preliminary trigger day for a major project.\n\n (2) The information is:\n\n (a) the name of each project proponent; and\n\n (b) the ABN and ACN of each project proponent; and\n\n (c) the project name; and\n\n (d) the project location; and\n\n (e) the type of project; and\n\n (f) whether the project involves establishing a new facility or upgrading an existing facility; and\n\n (g) an estimate of the total expenditure of a capital nature that is reasonably likely to be incurred in carrying out the project; and\n\n (h) the amount (if any) of financial assistance from the Commonwealth, a State or a Territory that the project proponent has received, or will receive, for the project; and\n\n (i) the project timeframe; and\n\n (j) the preliminary trigger day for the project; and\n\n (k) the event mentioned in paragraph 41(4)(a), (b), (c), (d) or (e) of the Act that triggered the preliminary trigger day for the designated project.\n\nPart 6—Functions of the Authority\n\n \n\n10  Functions of the Authority\n\n (1) For the purposes of paragraph 68(1)(m) of the Act, this section specifies other functions of the Authority.\n\n (2) The functions of the Authority are:\n\n (a) to provide advice on the preparation of draft AIP plans and AIP plan requirements for major Australian Government procurements, loans and grants; and\n\n (b) to represent the Department in relation to the Department’s company membership in Industry Capability Network Limited; and\n\n (c) to represent the Department on Australian industry participation matters; and\n\n (d) to provide advice on Australian industry participation matters; and\n\n (e) to manage funding for the Industry Capability Network Limited; and\n\n (f) to engage on the development and delivery of initiatives which have a focus on improving Australian industry participation, including:\n\n (i) the National Reconstruction Fund Corporation; and\n\n (ii) the Future Made in Australia agenda, including the delivery of the community benefit principles.\n\n \n\nPart 7—Application, saving and transitional provisions\n\n \n\nDivision 1—Transitional provisions relating to the commencement of this instrument\n\n11  Definitions\n\n  In this Division:\n\ncommencement day means the day this instrument commences.\n\nold rules means the Australian Jobs (Australian Industry Participation) Rule 2014, as in force immediately before the commencement of this section.\n\n12  Compliance reports\n\n (1) This section applies if:\n\n (a) a project proponent was required to give the Authority a report under subsection 25(6) of the Act before the commencement day; and\n\n (b) the report had not been given before that day.\n\n (2) Despite the repeal of the old rules by this instrument, those rules continue to apply, on and after the commencement day, in relation to the report, as if the repeal had not happened.\n\nSchedule 1—Repeals\n\nAustralian Jobs (Australian Industry Participation) Rule 2014\n\n1  The whole of the instrument\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2014 rules focused primarily on procedural requirements for AIP plans and basic compliance reporting. This 2026 version significantly expands the Authority's functions (section 10) to encompass broad economic policy initiatives including the National Reconstruction Fund Corporation and the 'Future Made in Australia' agenda. These additions transform the instrument from a narrow procedural rule-set into a vehicle for active industrial policy engagement, extending the Authority's remit well beyond its original compliance and advisory role into economic development and government program delivery."},"complexity_factors":["Extensive cross-referencing to the Australian Jobs Act 2013 (sections 17, 25, 26, 35, 36, 39, 40, 41, 68) without reproducing those provisions","Mirrored structure in Parts 3 and 6/7 — nearly identical reporting requirements for project proponents and facility operators, creating duplication","Five-tier contract categorisation system ($1M-$5M, $5M-$25M, $25M-$100M, $100M-$500M, $500M+) with specific thresholds","Conditional logic in section 5 (exception to giving draft plan) requiring satisfaction of multiple cumulative conditions","Transitional provision (section 12) creating a 'zombie' application of repealed rules for pending reports","Reliance on undefined external concepts like 'Future Made in Australia agenda' and 'community benefit principles' in section 10","Note-based guidance in section 8 suggesting interpretive flexibility that could create compliance uncertainty"],"plain_english_summary":"This instrument implements detailed rules under the Australian Jobs Act requiring major projects to prepare and report Australian Industry Participation plans so local firms get a fair chance to win contracts. It sets who must notify the Authority, what procurement and compliance information must be reported, and how the Authority supports and oversees major procurements.\n\nIt affects major project proponents, facility operators, the AIP Authority, governments and Australian suppliers — and matters because it forces transparent evidence that local industry is being genuinely considered."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument repeals the Australian Jobs (Australian Industry Participation) Rule 2014 (Schedule 1) and replaces it with revised, more detailed reporting, notification and plan‑exception rules (see s 5; s 6; s 7; s 9). It also specifies additional Authority functions including engagement with the National Reconstruction Fund Corporation and the Future Made in Australia agenda (s 10(2)(f)), indicating an expanded administrative role and broader operational scope. Transitional drafting preserves old‑rules coverage for reports started before commencement (s 12), producing a hybrid transitional scope."},"complexity_factors":["Extensive, itemised reporting requirements impose a substantive compliance burden on project proponents (s 6(2)(a)–(j)) and operators of new relevant facilities (s 7(2)(a)–(j)).","Multiple contract-value bands require classification of contracts into five categories with monetary thresholds, adding record‑keeping and aggregation complexity (s 6(3); s 7(3)).","Exception to giving a draft AIP plan to the Commonwealth depends on content and timing of a State/Territory plan and notification obligations, creating conditional compliance paths (s 5(1)–(4)).","Discretion allowed in how key goods or services are categorised can materially affect published expectations and external perception, requiring judgement and possible Authority engagement (s 8).","Notification of a preliminary trigger day for major projects requires a suite of project-specific data points (s 9(2)(a)–(k)), increasing administrative coordination across proponents.","The Authority’s expanded functions include advisory roles, membership representation, funding management and engagement with initiatives (s 10(2)(a)–(f)), creating multi‑agency interfaces and potential discretion in advice and assistance.","Transitional and repeal drafting preserves old‑rules obligations for pending reports while repealing the 2014 Rules, introducing temporal complexity for compliance (s 12; Schedule 1).","Definitions reference the Australian Jobs Act 2013 and other external instruments (s 4), increasing reliance on cross‑references to understand scope and duties.","Reporting requires explanation when non‑Australian suppliers succeed and disclosure of Australian content percentages, creating evidentiary and commercial-sensitivity issues for suppliers and procurement entities (s 6(2)(f)(vi)–(vii); s 7(2)(f)(vi)–(vii)).","The rules combine prescriptive data points with areas of administrative discretion (categorisation, Authority assistance), requiring both structured reporting systems and subjective judgment calls (s 8; s 10)."],"plain_english_summary":"These Rules set detailed reporting, notification and plan-exception requirements under the Australian Jobs Act 2013 for project proponents and operators of new relevant facilities. They specify what must be included in compliance reports, when a State or Territory plan can substitute for a Commonwealth draft AIP plan, how key goods and services should be categorised, and what must be notified for major projects."}},"importantCases":[],"_links":{"self":"/api/acts/australian-jobs-australian-industry-participation-rules-2026","history":"/api/acts/australian-jobs-australian-industry-participation-rules-2026/history","analysis":"/api/acts/australian-jobs-australian-industry-participation-rules-2026/analysis","conflicts":"/api/acts/australian-jobs-australian-industry-participation-rules-2026/conflicts","importantCases":"/api/acts/australian-jobs-australian-industry-participation-rules-2026/important-cases","documents":"/api/acts/australian-jobs-australian-industry-participation-rules-2026/documents"}}