{"id":"F2012L00573","name":"Clean Technology Food and Foundries Investment Program Direction No. 1 of 2012","slug":"clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":88785,"registerId":"commonwealth-F2012L00573-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"4. The Department is responsible for adm","sectionType":"part","heading":"4. The Department is responsible for administering the $200 million Clean Technology Food and Foundries Investment Program. The Government will provide up to $150 million for the food industry and up to $50 million for the foundry industry. The Program will operate over 6 years from 2011-12 to 2016-17.","content":"# 4. The Department is responsible for administering the $200 million Clean Technology Food and Foundries Investment Program. The Government will provide up to $150 million for the food industry and up to $50 million for the foundry industry. The Program will operate over 6 years from 2011-12 to 2016-17.\n\nThe Clean Technology Food and Foundries Investment Program is a competitive, merit based grants program.\n\nInnovation Australia to have regard to policy objectives","sortOrder":0},{"sectionNumber":"5. Innovation Australia must have regard","sectionType":"part","heading":"5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:","content":"Commonwealth of Australia\n\nIndustry Research and Development Act 1986\n\nClean Technology Food and foundries Investment Program\n\nProgram directions\n\nDirection No. 1 of 2012\n\nI, GREG COMBET, Minister for Industry and Innovation, acting under sections 18A, 19 and 20(1) of the Industry Research and Development Act 1986, give the following Direction to Innovation Australia.\n\nDated 28 February 2012\n\nThe Hon Greg Combet AM MP\n\nMinister for Industry and Innovation\n\nPART 1 - PRELIMINARY\n\nName of Direction\n\n1.  This Direction is the Clean Technology Food and Foundries Investment Program Direction No. 1 of 2012.\n\nCommencement\n\n2. This Direction commences on the day on which particulars of the Direction are published in the Gazette and registered in the Federal Register of Legislative Instruments.\n\nObject of this Direction\n\n3. The object of this instrument is to give direction to Innovation Australia in relation to:\n\n(a) an additional function of Innovation Australia, namely the provision of merit assessments of Eligible Applications referred by the Program Delegate under the Clean Technology Food and Foundries Investment Program; and\n\n(b) the policies and practices to be followed by Innovation Australia in the performance of the function.\n\nIntroduction\n\n# 4. The Department is responsible for administering the $200 million Clean Technology Food and Foundries Investment Program. The Government will provide up to $150 million for the food industry and up to $50 million for the foundry industry. The Program will operate over 6 years from 2011-12 to 2016-17.\n\nThe Clean Technology Food and Foundries Investment Program is a competitive, merit based grants program.\n\nInnovation Australia to have regard to policy objectives\n\n# 5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:\n\n# The objective of the Clean Technology Food and Foundries Investment Program is to assist Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products in order to maintain the competitiveness of Australian Manufacturing businesses in a carbon constrained economy.\n\n# 6. The policy objective of the Clean Technology Food and Foundries Investment Program will be achieved by providing grants to existing Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products. These grants will provide practical transitional assistance to Australian Manufacturing businesses.\n\nProgram Outcomes\n\n# 7. The outcomes of the Clean Technology Food and Foundries Investment Program will be maintained competitiveness of Australian Manufacturing businesses in a carbon constrained economy by leveraged capital investment in energy efficient and low emissions technologies, plant and equipment to reduce Carbon emissions intensity, including through improvements in energy efficiency.\n\nDefinitions\n\n8. In this Direction:\n\n“Act” means the Industry Research and Development Act 1986 (Cth).\n\n“Agreement” means an agreement entered into by a Recipient and the Commonwealth for the provision, by the Commonwealth, of Grant Funds.\n\n“Applicant” means an entity that makes an application for funding under the Clean Technology Food and Foundries Investment Program.\n\n“AusIndustry” means the division of the same name within the Department.\n\n“Customer Guidelines” means the guidelines formulated by the Program Delegate under the relevant clauses of the Program Guidelines, and in accordance with the Commonwealth Grant Guidelines issued by the Minister for Finance and Deregulation under Regulation 7A of the Financial Management and Accountability Act 1997 (Cth). The Customer Guidelines will be published for the benefit of potential Applicants and other interested parties.\n\n“Department” means the Department of Industry, Innovation, Science, Research and Tertiary Education administered by the Minister.\n\n“Eligible Activity” means an activity that satisfies the requirements of clauses 35 to 37 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 26 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 47 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project and is deemed eligible for funding support by the Program Delegate, in accordance with the Customer Guidelines.\n\n“Eligible Project” means a Project that meets the requirements within clauses 27 to 34 of the Program Guidelines.\n\n“Government Grant Sources” includes, but is not limited to, grants from Federal, State, Territory, local or international government programs, including funding under the Clean Technology Food and Foundries Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology Food and Foundries Investment Program.\n\n“Innovation Australia” means the body of that name established by section 6 of the Act.\n\n“Manufacturing” means the physical or chemical transformation of materials or components into new products.\n\n“Minister” means the Minister administering the Act.\n\n“Program Delegate” means an employee of the Department who has been empowered by the Minister, or is otherwise duly authorised, to carry out the relevant functions in respect of the Clean Technology Food and Foundries Investment Program.\n\n“Program Directions” means the Directions that are given by the Minister under the Act to Innovation Australia concerning its functions in relation to the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Program Funding” or “Program Funds” means the funding made available by the Commonwealth for the Clean Technology Food and Foundries Investment Program in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Minister) for that year.\n\n“Program Guidelines” means the guidelines that are given by the Minister to the Department to provide a framework for the operation and administration of the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Project” means the set of activities that is the subject matter of the Applicant’s application for funding.\n\n“Recipient” means an entity that is awarded funding under the Clean Technology Food and Foundries Investment Program.\n\nPART 2 – ASSESSMENT OF APPLICATIONS\n\nProcedure\n\n9. Subject to clause 15, Innovation Australia will assess the merit of each Eligible Application referred by the Program Delegate, and provide its recommendation to the Program Delegate or, pursuant to clause 10, the Cabinet of the Australian Government.\n\n10. Eligible Applications for grants of $10 million or more, that are recommended for approval by Innovation Australia, will also be assessed by the Cabinet of the Australian Government, which will provide a final recommendation to the Program Delegate.\n\n11. Innovation Australia must consider Eligible Applications as soon as practicable after those applications have been provided to Innovation Australia.\n\n12. In considering Eligible Applications, Innovation Australia must take into account advice provided by the Department on policy issues that are relevant to, or impact on, any of the merit criteria.\n\n13. Innovation Australia may request additional information from an applicant after the lodgement of an application.\n\n14. In providing the Program Delegate or the Cabinet of the Australian Government with an assessment for an application Innovation Australia may include advice as to whether the relative merits of an application would warrant:\n\n(a) an amount of funding that varies from the amount the applicant has applied; and/or\n\n(b) that any approval be subject to particular conditions.\n\nInnovation Australia may decline to complete a merit assessment\n\n15. Innovation Australia may decide to refuse to complete a merit assessment in respect of a particular application if it is not satisfied:\n\n(a) with the level of merit of an Eligible Application in relation to one or more of the merit criteria;\n\n(b) that the activities described in the Eligible Application are eligible activities; or\n\n(c) without limiting the generality of subclause (a) above, with the overall level of merit of an Eligible Application having regard to all applicable merit criteria.\n\nMerit Criteria\n\n16. Innovation Australia must base its assessment of each Eligible Application on the merit criteria requirements specified in clauses 49 to 52 of the Program Guidelines.\n\n17. Innovation Australia must have regard to the Customer Guidelines formulated by the Program Delegate, specifically:\n\n## (a) which merit criteria apply to particular categories of grant applications;\n\n## (b) what indicators will be considered in relation to each merit criterion; and\n\n## (c) any weighting for each merit criterion.\n\n18. The Program Delegate may request that Innovation Australia provide advice on indicators of merit for some or all of the merit criteria.\n\n19. The Program Delegate may request that Innovation Australia provide advice on setting out any differences in the relative level of importance of merit criteria.\n\nPART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT\n\n20. If a Recipient has submitted a proposal to the Department for approval of changes to an agreed Project, the Program Delegate may request that Innovation Australia assess the proposal.\n\n21. If Innovation Australia receives a request under clause 20 it must assess the proposal as soon as is practicable and provide the assessment to the Program Delegate.\n\n22. In undertaking an assessment of a proposal to change a Project Innovation Australia will consider:\n\n(a) the extent to which the changed Project meets the merit criteria;\n\n(b) the impact on the outcomes of the Project; and\n\n(c) whether the change to the Project would:\n\n(i) be consistent with the policy objectives set out in the Program Guidelines; and\n\n(ii) otherwise be appropriate in all the circumstances.\n\nPART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE CLEAN TECHNOLOGY INVESTMENT PROGRAM\n\n23. The Program Delegate may request Innovation Australia to provide assessments of technical matters associated with applications, activities and projects, or on any other matter relevant to or impacting on a merit criterion, including:\n\n(a) matters relating to the eligibility of applications, activities or projects against the definitions contained in these Directions or the Program Guidelines;\n\n(b) the progress reported by a Recipient against the milestones for a Project or compliance with Agreement conditions;\n\n(c) matters pertaining to energy efficiency or carbon emissions intensity of Projects;\n\n(d) matters pertaining to the business competitiveness case of Projects; and\n\n(e) any other matter that pertains to merit assessment or compliance with the terms and conditions of the Clean Technology Food and Foundries Investment Program or an Agreement.\n\n24. In carrying out assessments pursuant to clause 23, Innovation Australia will take into account any relevant policies or guidelines relating to the administration of the Clean Technology Food and Foundries Investment Program that are issued under the Program Guidelines.\n\n25. If Innovation Australia receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate.\n\n26. The Program Delegate may request advice from Innovation Australia on other matters relevant to the administration of the program, including but not limited to:\n\n(a) additional requirements for the application and assessment process;\n\n(b) the scope of the Australian food and foundries Manufacturing industry for the purposes of clause 21(b) of the Program Guidelines;\n\n(c) the scope of Eligible Activities; and\n\n(d) the scope of Eligible Expenditure.\n\nPART 5 – INNOVATION AUSTRALIA TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM\n\n27. Innovation Australia may advise the Minister, or the Minister may request advice, on non-financial administration matters relating to the Clean Technology Food and Foundries Investment Program, including program administration and the extent to which the program is meeting its objectives.\n\n28. Innovation Australia may collect and analyse data on the performance of the Clean Technology Food and Foundries Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":1},{"sectionNumber":"The objective of the Clean Technology Fo","sectionType":"part","heading":"The objective of the Clean Technology Food and Foundries Investment Program is to assist Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products in order to maintain the competitiveness of Australian Manufacturing businesses in a carbon constrained economy.","content":"Commonwealth of Australia\n\nIndustry Research and Development Act 1986\n\nClean Technology Food and foundries Investment Program\n\nProgram directions\n\nDirection No. 1 of 2012\n\nI, GREG COMBET, Minister for Industry and Innovation, acting under sections 18A, 19 and 20(1) of the Industry Research and Development Act 1986, give the following Direction to Innovation Australia.\n\nDated 28 February 2012\n\nThe Hon Greg Combet AM MP\n\nMinister for Industry and Innovation\n\nPART 1 - PRELIMINARY\n\nName of Direction\n\n1.  This Direction is the Clean Technology Food and Foundries Investment Program Direction No. 1 of 2012.\n\nCommencement\n\n2. This Direction commences on the day on which particulars of the Direction are published in the Gazette and registered in the Federal Register of Legislative Instruments.\n\nObject of this Direction\n\n3. The object of this instrument is to give direction to Innovation Australia in relation to:\n\n(a) an additional function of Innovation Australia, namely the provision of merit assessments of Eligible Applications referred by the Program Delegate under the Clean Technology Food and Foundries Investment Program; and\n\n(b) the policies and practices to be followed by Innovation Australia in the performance of the function.\n\nIntroduction\n\n# 4. The Department is responsible for administering the $200 million Clean Technology Food and Foundries Investment Program. The Government will provide up to $150 million for the food industry and up to $50 million for the foundry industry. The Program will operate over 6 years from 2011-12 to 2016-17.\n\nThe Clean Technology Food and Foundries Investment Program is a competitive, merit based grants program.\n\nInnovation Australia to have regard to policy objectives\n\n# 5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:\n\n# The objective of the Clean Technology Food and Foundries Investment Program is to assist Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products in order to maintain the competitiveness of Australian Manufacturing businesses in a carbon constrained economy.\n\n# 6. The policy objective of the Clean Technology Food and Foundries Investment Program will be achieved by providing grants to existing Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products. These grants will provide practical transitional assistance to Australian Manufacturing businesses.\n\nProgram Outcomes\n\n# 7. The outcomes of the Clean Technology Food and Foundries Investment Program will be maintained competitiveness of Australian Manufacturing businesses in a carbon constrained economy by leveraged capital investment in energy efficient and low emissions technologies, plant and equipment to reduce Carbon emissions intensity, including through improvements in energy efficiency.\n\nDefinitions\n\n8. In this Direction:\n\n“Act” means the Industry Research and Development Act 1986 (Cth).\n\n“Agreement” means an agreement entered into by a Recipient and the Commonwealth for the provision, by the Commonwealth, of Grant Funds.\n\n“Applicant” means an entity that makes an application for funding under the Clean Technology Food and Foundries Investment Program.\n\n“AusIndustry” means the division of the same name within the Department.\n\n“Customer Guidelines” means the guidelines formulated by the Program Delegate under the relevant clauses of the Program Guidelines, and in accordance with the Commonwealth Grant Guidelines issued by the Minister for Finance and Deregulation under Regulation 7A of the Financial Management and Accountability Act 1997 (Cth). The Customer Guidelines will be published for the benefit of potential Applicants and other interested parties.\n\n“Department” means the Department of Industry, Innovation, Science, Research and Tertiary Education administered by the Minister.\n\n“Eligible Activity” means an activity that satisfies the requirements of clauses 35 to 37 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 26 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 47 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project and is deemed eligible for funding support by the Program Delegate, in accordance with the Customer Guidelines.\n\n“Eligible Project” means a Project that meets the requirements within clauses 27 to 34 of the Program Guidelines.\n\n“Government Grant Sources” includes, but is not limited to, grants from Federal, State, Territory, local or international government programs, including funding under the Clean Technology Food and Foundries Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology Food and Foundries Investment Program.\n\n“Innovation Australia” means the body of that name established by section 6 of the Act.\n\n“Manufacturing” means the physical or chemical transformation of materials or components into new products.\n\n“Minister” means the Minister administering the Act.\n\n“Program Delegate” means an employee of the Department who has been empowered by the Minister, or is otherwise duly authorised, to carry out the relevant functions in respect of the Clean Technology Food and Foundries Investment Program.\n\n“Program Directions” means the Directions that are given by the Minister under the Act to Innovation Australia concerning its functions in relation to the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Program Funding” or “Program Funds” means the funding made available by the Commonwealth for the Clean Technology Food and Foundries Investment Program in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Minister) for that year.\n\n“Program Guidelines” means the guidelines that are given by the Minister to the Department to provide a framework for the operation and administration of the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Project” means the set of activities that is the subject matter of the Applicant’s application for funding.\n\n“Recipient” means an entity that is awarded funding under the Clean Technology Food and Foundries Investment Program.\n\nPART 2 – ASSESSMENT OF APPLICATIONS\n\nProcedure\n\n9. Subject to clause 15, Innovation Australia will assess the merit of each Eligible Application referred by the Program Delegate, and provide its recommendation to the Program Delegate or, pursuant to clause 10, the Cabinet of the Australian Government.\n\n10. Eligible Applications for grants of $10 million or more, that are recommended for approval by Innovation Australia, will also be assessed by the Cabinet of the Australian Government, which will provide a final recommendation to the Program Delegate.\n\n11. Innovation Australia must consider Eligible Applications as soon as practicable after those applications have been provided to Innovation Australia.\n\n12. In considering Eligible Applications, Innovation Australia must take into account advice provided by the Department on policy issues that are relevant to, or impact on, any of the merit criteria.\n\n13. Innovation Australia may request additional information from an applicant after the lodgement of an application.\n\n14. In providing the Program Delegate or the Cabinet of the Australian Government with an assessment for an application Innovation Australia may include advice as to whether the relative merits of an application would warrant:\n\n(a) an amount of funding that varies from the amount the applicant has applied; and/or\n\n(b) that any approval be subject to particular conditions.\n\nInnovation Australia may decline to complete a merit assessment\n\n15. Innovation Australia may decide to refuse to complete a merit assessment in respect of a particular application if it is not satisfied:\n\n(a) with the level of merit of an Eligible Application in relation to one or more of the merit criteria;\n\n(b) that the activities described in the Eligible Application are eligible activities; or\n\n(c) without limiting the generality of subclause (a) above, with the overall level of merit of an Eligible Application having regard to all applicable merit criteria.\n\nMerit Criteria\n\n16. Innovation Australia must base its assessment of each Eligible Application on the merit criteria requirements specified in clauses 49 to 52 of the Program Guidelines.\n\n17. Innovation Australia must have regard to the Customer Guidelines formulated by the Program Delegate, specifically:\n\n## (a) which merit criteria apply to particular categories of grant applications;\n\n## (b) what indicators will be considered in relation to each merit criterion; and\n\n## (c) any weighting for each merit criterion.\n\n18. The Program Delegate may request that Innovation Australia provide advice on indicators of merit for some or all of the merit criteria.\n\n19. The Program Delegate may request that Innovation Australia provide advice on setting out any differences in the relative level of importance of merit criteria.\n\nPART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT\n\n20. If a Recipient has submitted a proposal to the Department for approval of changes to an agreed Project, the Program Delegate may request that Innovation Australia assess the proposal.\n\n21. If Innovation Australia receives a request under clause 20 it must assess the proposal as soon as is practicable and provide the assessment to the Program Delegate.\n\n22. In undertaking an assessment of a proposal to change a Project Innovation Australia will consider:\n\n(a) the extent to which the changed Project meets the merit criteria;\n\n(b) the impact on the outcomes of the Project; and\n\n(c) whether the change to the Project would:\n\n(i) be consistent with the policy objectives set out in the Program Guidelines; and\n\n(ii) otherwise be appropriate in all the circumstances.\n\nPART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE CLEAN TECHNOLOGY INVESTMENT PROGRAM\n\n23. The Program Delegate may request Innovation Australia to provide assessments of technical matters associated with applications, activities and projects, or on any other matter relevant to or impacting on a merit criterion, including:\n\n(a) matters relating to the eligibility of applications, activities or projects against the definitions contained in these Directions or the Program Guidelines;\n\n(b) the progress reported by a Recipient against the milestones for a Project or compliance with Agreement conditions;\n\n(c) matters pertaining to energy efficiency or carbon emissions intensity of Projects;\n\n(d) matters pertaining to the business competitiveness case of Projects; and\n\n(e) any other matter that pertains to merit assessment or compliance with the terms and conditions of the Clean Technology Food and Foundries Investment Program or an Agreement.\n\n24. In carrying out assessments pursuant to clause 23, Innovation Australia will take into account any relevant policies or guidelines relating to the administration of the Clean Technology Food and Foundries Investment Program that are issued under the Program Guidelines.\n\n25. If Innovation Australia receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate.\n\n26. The Program Delegate may request advice from Innovation Australia on other matters relevant to the administration of the program, including but not limited to:\n\n(a) additional requirements for the application and assessment process;\n\n(b) the scope of the Australian food and foundries Manufacturing industry for the purposes of clause 21(b) of the Program Guidelines;\n\n(c) the scope of Eligible Activities; and\n\n(d) the scope of Eligible Expenditure.\n\nPART 5 – INNOVATION AUSTRALIA TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM\n\n27. Innovation Australia may advise the Minister, or the Minister may request advice, on non-financial administration matters relating to the Clean Technology Food and Foundries Investment Program, including program administration and the extent to which the program is meeting its objectives.\n\n28. Innovation Australia may collect and analyse data on the performance of the Clean Technology Food and Foundries Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":2},{"sectionNumber":"6. The policy objective of the Clean Tec","sectionType":"part","heading":"6. The policy objective of the Clean Technology Food and Foundries Investment Program will be achieved by providing grants to existing Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products. These grants will provide practical transitional assistance to Australian Manufacturing businesses.","content":"# 6. The policy objective of the Clean Technology Food and Foundries Investment Program will be achieved by providing grants to existing Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products. These grants will provide practical transitional assistance to Australian Manufacturing businesses.\n\nProgram Outcomes","sortOrder":3},{"sectionNumber":"7. The outcomes of the Clean Technology ","sectionType":"part","heading":"7. The outcomes of the Clean Technology Food and Foundries Investment Program will be maintained competitiveness of Australian Manufacturing businesses in a carbon constrained economy by leveraged capital investment in energy efficient and low emissions technologies, plant and equipment to reduce Carbon emissions intensity, including through improvements in energy efficiency.","content":"# 7. The outcomes of the Clean Technology Food and Foundries Investment Program will be maintained competitiveness of Australian Manufacturing businesses in a carbon constrained economy by leveraged capital investment in energy efficient and low emissions technologies, plant and equipment to reduce Carbon emissions intensity, including through improvements in energy efficiency.\n\nDefinitions\n\n8. In this Direction:\n\n“Act” means the Industry Research and Development Act 1986 (Cth).\n\n“Agreement” means an agreement entered into by a Recipient and the Commonwealth for the provision, by the Commonwealth, of Grant Funds.\n\n“Applicant” means an entity that makes an application for funding under the Clean Technology Food and Foundries Investment Program.\n\n“AusIndustry” means the division of the same name within the Department.\n\n“Customer Guidelines” means the guidelines formulated by the Program Delegate under the relevant clauses of the Program Guidelines, and in accordance with the Commonwealth Grant Guidelines issued by the Minister for Finance and Deregulation under Regulation 7A of the Financial Management and Accountability Act 1997 (Cth). The Customer Guidelines will be published for the benefit of potential Applicants and other interested parties.\n\n“Department” means the Department of Industry, Innovation, Science, Research and Tertiary Education administered by the Minister.\n\n“Eligible Activity” means an activity that satisfies the requirements of clauses 35 to 37 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 26 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 47 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project and is deemed eligible for funding support by the Program Delegate, in accordance with the Customer Guidelines.\n\n“Eligible Project” means a Project that meets the requirements within clauses 27 to 34 of the Program Guidelines.\n\n“Government Grant Sources” includes, but is not limited to, grants from Federal, State, Territory, local or international government programs, including funding under the Clean Technology Food and Foundries Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology Food and Foundries Investment Program.\n\n“Innovation Australia” means the body of that name established by section 6 of the Act.\n\n“Manufacturing” means the physical or chemical transformation of materials or components into new products.\n\n“Minister” means the Minister administering the Act.\n\n“Program Delegate” means an employee of the Department who has been empowered by the Minister, or is otherwise duly authorised, to carry out the relevant functions in respect of the Clean Technology Food and Foundries Investment Program.\n\n“Program Directions” means the Directions that are given by the Minister under the Act to Innovation Australia concerning its functions in relation to the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Program Funding” or “Program Funds” means the funding made available by the Commonwealth for the Clean Technology Food and Foundries Investment Program in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Minister) for that year.\n\n“Program Guidelines” means the guidelines that are given by the Minister to the Department to provide a framework for the operation and administration of the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Project” means the set of activities that is the subject matter of the Applicant’s application for funding.\n\n“Recipient” means an entity that is awarded funding under the Clean Technology Food and Foundries Investment Program.\n\nPART 2 – ASSESSMENT OF APPLICATIONS\n\nProcedure\n\n9. Subject to clause 15, Innovation Australia will assess the merit of each Eligible Application referred by the Program Delegate, and provide its recommendation to the Program Delegate or, pursuant to clause 10, the Cabinet of the Australian Government.\n\n10. Eligible Applications for grants of $10 million or more, that are recommended for approval by Innovation Australia, will also be assessed by the Cabinet of the Australian Government, which will provide a final recommendation to the Program Delegate.\n\n11. Innovation Australia must consider Eligible Applications as soon as practicable after those applications have been provided to Innovation Australia.\n\n12. In considering Eligible Applications, Innovation Australia must take into account advice provided by the Department on policy issues that are relevant to, or impact on, any of the merit criteria.\n\n13. Innovation Australia may request additional information from an applicant after the lodgement of an application.\n\n14. In providing the Program Delegate or the Cabinet of the Australian Government with an assessment for an application Innovation Australia may include advice as to whether the relative merits of an application would warrant:\n\n(a) an amount of funding that varies from the amount the applicant has applied; and/or\n\n(b) that any approval be subject to particular conditions.\n\nInnovation Australia may decline to complete a merit assessment\n\n15. Innovation Australia may decide to refuse to complete a merit assessment in respect of a particular application if it is not satisfied:\n\n(a) with the level of merit of an Eligible Application in relation to one or more of the merit criteria;\n\n(b) that the activities described in the Eligible Application are eligible activities; or\n\n(c) without limiting the generality of subclause (a) above, with the overall level of merit of an Eligible Application having regard to all applicable merit criteria.\n\nMerit Criteria\n\n16. Innovation Australia must base its assessment of each Eligible Application on the merit criteria requirements specified in clauses 49 to 52 of the Program Guidelines.\n\n17. Innovation Australia must have regard to the Customer Guidelines formulated by the Program Delegate, specifically:","sortOrder":4},{"sectionNumber":"(a) which merit criteria apply to partic","sectionType":"part","heading":"(a) which merit criteria apply to particular categories of grant applications;","content":"Commonwealth of Australia\n\nIndustry Research and Development Act 1986\n\nClean Technology Food and foundries Investment Program\n\nProgram directions\n\nDirection No. 1 of 2012\n\nI, GREG COMBET, Minister for Industry and Innovation, acting under sections 18A, 19 and 20(1) of the Industry Research and Development Act 1986, give the following Direction to Innovation Australia.\n\nDated 28 February 2012\n\nThe Hon Greg Combet AM MP\n\nMinister for Industry and Innovation\n\nPART 1 - PRELIMINARY\n\nName of Direction\n\n1.  This Direction is the Clean Technology Food and Foundries Investment Program Direction No. 1 of 2012.\n\nCommencement\n\n2. This Direction commences on the day on which particulars of the Direction are published in the Gazette and registered in the Federal Register of Legislative Instruments.\n\nObject of this Direction\n\n3. The object of this instrument is to give direction to Innovation Australia in relation to:\n\n(a) an additional function of Innovation Australia, namely the provision of merit assessments of Eligible Applications referred by the Program Delegate under the Clean Technology Food and Foundries Investment Program; and\n\n(b) the policies and practices to be followed by Innovation Australia in the performance of the function.\n\nIntroduction\n\n# 4. The Department is responsible for administering the $200 million Clean Technology Food and Foundries Investment Program. The Government will provide up to $150 million for the food industry and up to $50 million for the foundry industry. The Program will operate over 6 years from 2011-12 to 2016-17.\n\nThe Clean Technology Food and Foundries Investment Program is a competitive, merit based grants program.\n\nInnovation Australia to have regard to policy objectives\n\n# 5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:\n\n# The objective of the Clean Technology Food and Foundries Investment Program is to assist Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products in order to maintain the competitiveness of Australian Manufacturing businesses in a carbon constrained economy.\n\n# 6. The policy objective of the Clean Technology Food and Foundries Investment Program will be achieved by providing grants to existing Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products. These grants will provide practical transitional assistance to Australian Manufacturing businesses.\n\nProgram Outcomes\n\n# 7. The outcomes of the Clean Technology Food and Foundries Investment Program will be maintained competitiveness of Australian Manufacturing businesses in a carbon constrained economy by leveraged capital investment in energy efficient and low emissions technologies, plant and equipment to reduce Carbon emissions intensity, including through improvements in energy efficiency.\n\nDefinitions\n\n8. In this Direction:\n\n“Act” means the Industry Research and Development Act 1986 (Cth).\n\n“Agreement” means an agreement entered into by a Recipient and the Commonwealth for the provision, by the Commonwealth, of Grant Funds.\n\n“Applicant” means an entity that makes an application for funding under the Clean Technology Food and Foundries Investment Program.\n\n“AusIndustry” means the division of the same name within the Department.\n\n“Customer Guidelines” means the guidelines formulated by the Program Delegate under the relevant clauses of the Program Guidelines, and in accordance with the Commonwealth Grant Guidelines issued by the Minister for Finance and Deregulation under Regulation 7A of the Financial Management and Accountability Act 1997 (Cth). The Customer Guidelines will be published for the benefit of potential Applicants and other interested parties.\n\n“Department” means the Department of Industry, Innovation, Science, Research and Tertiary Education administered by the Minister.\n\n“Eligible Activity” means an activity that satisfies the requirements of clauses 35 to 37 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 26 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 47 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project and is deemed eligible for funding support by the Program Delegate, in accordance with the Customer Guidelines.\n\n“Eligible Project” means a Project that meets the requirements within clauses 27 to 34 of the Program Guidelines.\n\n“Government Grant Sources” includes, but is not limited to, grants from Federal, State, Territory, local or international government programs, including funding under the Clean Technology Food and Foundries Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology Food and Foundries Investment Program.\n\n“Innovation Australia” means the body of that name established by section 6 of the Act.\n\n“Manufacturing” means the physical or chemical transformation of materials or components into new products.\n\n“Minister” means the Minister administering the Act.\n\n“Program Delegate” means an employee of the Department who has been empowered by the Minister, or is otherwise duly authorised, to carry out the relevant functions in respect of the Clean Technology Food and Foundries Investment Program.\n\n“Program Directions” means the Directions that are given by the Minister under the Act to Innovation Australia concerning its functions in relation to the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Program Funding” or “Program Funds” means the funding made available by the Commonwealth for the Clean Technology Food and Foundries Investment Program in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Minister) for that year.\n\n“Program Guidelines” means the guidelines that are given by the Minister to the Department to provide a framework for the operation and administration of the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Project” means the set of activities that is the subject matter of the Applicant’s application for funding.\n\n“Recipient” means an entity that is awarded funding under the Clean Technology Food and Foundries Investment Program.\n\nPART 2 – ASSESSMENT OF APPLICATIONS\n\nProcedure\n\n9. Subject to clause 15, Innovation Australia will assess the merit of each Eligible Application referred by the Program Delegate, and provide its recommendation to the Program Delegate or, pursuant to clause 10, the Cabinet of the Australian Government.\n\n10. Eligible Applications for grants of $10 million or more, that are recommended for approval by Innovation Australia, will also be assessed by the Cabinet of the Australian Government, which will provide a final recommendation to the Program Delegate.\n\n11. Innovation Australia must consider Eligible Applications as soon as practicable after those applications have been provided to Innovation Australia.\n\n12. In considering Eligible Applications, Innovation Australia must take into account advice provided by the Department on policy issues that are relevant to, or impact on, any of the merit criteria.\n\n13. Innovation Australia may request additional information from an applicant after the lodgement of an application.\n\n14. In providing the Program Delegate or the Cabinet of the Australian Government with an assessment for an application Innovation Australia may include advice as to whether the relative merits of an application would warrant:\n\n(a) an amount of funding that varies from the amount the applicant has applied; and/or\n\n(b) that any approval be subject to particular conditions.\n\nInnovation Australia may decline to complete a merit assessment\n\n15. Innovation Australia may decide to refuse to complete a merit assessment in respect of a particular application if it is not satisfied:\n\n(a) with the level of merit of an Eligible Application in relation to one or more of the merit criteria;\n\n(b) that the activities described in the Eligible Application are eligible activities; or\n\n(c) without limiting the generality of subclause (a) above, with the overall level of merit of an Eligible Application having regard to all applicable merit criteria.\n\nMerit Criteria\n\n16. Innovation Australia must base its assessment of each Eligible Application on the merit criteria requirements specified in clauses 49 to 52 of the Program Guidelines.\n\n17. Innovation Australia must have regard to the Customer Guidelines formulated by the Program Delegate, specifically:\n\n## (a) which merit criteria apply to particular categories of grant applications;\n\n## (b) what indicators will be considered in relation to each merit criterion; and\n\n## (c) any weighting for each merit criterion.\n\n18. The Program Delegate may request that Innovation Australia provide advice on indicators of merit for some or all of the merit criteria.\n\n19. The Program Delegate may request that Innovation Australia provide advice on setting out any differences in the relative level of importance of merit criteria.\n\nPART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT\n\n20. If a Recipient has submitted a proposal to the Department for approval of changes to an agreed Project, the Program Delegate may request that Innovation Australia assess the proposal.\n\n21. If Innovation Australia receives a request under clause 20 it must assess the proposal as soon as is practicable and provide the assessment to the Program Delegate.\n\n22. In undertaking an assessment of a proposal to change a Project Innovation Australia will consider:\n\n(a) the extent to which the changed Project meets the merit criteria;\n\n(b) the impact on the outcomes of the Project; and\n\n(c) whether the change to the Project would:\n\n(i) be consistent with the policy objectives set out in the Program Guidelines; and\n\n(ii) otherwise be appropriate in all the circumstances.\n\nPART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE CLEAN TECHNOLOGY INVESTMENT PROGRAM\n\n23. The Program Delegate may request Innovation Australia to provide assessments of technical matters associated with applications, activities and projects, or on any other matter relevant to or impacting on a merit criterion, including:\n\n(a) matters relating to the eligibility of applications, activities or projects against the definitions contained in these Directions or the Program Guidelines;\n\n(b) the progress reported by a Recipient against the milestones for a Project or compliance with Agreement conditions;\n\n(c) matters pertaining to energy efficiency or carbon emissions intensity of Projects;\n\n(d) matters pertaining to the business competitiveness case of Projects; and\n\n(e) any other matter that pertains to merit assessment or compliance with the terms and conditions of the Clean Technology Food and Foundries Investment Program or an Agreement.\n\n24. In carrying out assessments pursuant to clause 23, Innovation Australia will take into account any relevant policies or guidelines relating to the administration of the Clean Technology Food and Foundries Investment Program that are issued under the Program Guidelines.\n\n25. If Innovation Australia receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate.\n\n26. The Program Delegate may request advice from Innovation Australia on other matters relevant to the administration of the program, including but not limited to:\n\n(a) additional requirements for the application and assessment process;\n\n(b) the scope of the Australian food and foundries Manufacturing industry for the purposes of clause 21(b) of the Program Guidelines;\n\n(c) the scope of Eligible Activities; and\n\n(d) the scope of Eligible Expenditure.\n\nPART 5 – INNOVATION AUSTRALIA TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM\n\n27. Innovation Australia may advise the Minister, or the Minister may request advice, on non-financial administration matters relating to the Clean Technology Food and Foundries Investment Program, including program administration and the extent to which the program is meeting its objectives.\n\n28. Innovation Australia may collect and analyse data on the performance of the Clean Technology Food and Foundries Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":5},{"sectionNumber":"(b) what indicators will be considered i","sectionType":"part","heading":"(b) what indicators will be considered in relation to each merit criterion; and","content":"Commonwealth of Australia\n\nIndustry Research and Development Act 1986\n\nClean Technology Food and foundries Investment Program\n\nProgram directions\n\nDirection No. 1 of 2012\n\nI, GREG COMBET, Minister for Industry and Innovation, acting under sections 18A, 19 and 20(1) of the Industry Research and Development Act 1986, give the following Direction to Innovation Australia.\n\nDated 28 February 2012\n\nThe Hon Greg Combet AM MP\n\nMinister for Industry and Innovation\n\nPART 1 - PRELIMINARY\n\nName of Direction\n\n1.  This Direction is the Clean Technology Food and Foundries Investment Program Direction No. 1 of 2012.\n\nCommencement\n\n2. This Direction commences on the day on which particulars of the Direction are published in the Gazette and registered in the Federal Register of Legislative Instruments.\n\nObject of this Direction\n\n3. The object of this instrument is to give direction to Innovation Australia in relation to:\n\n(a) an additional function of Innovation Australia, namely the provision of merit assessments of Eligible Applications referred by the Program Delegate under the Clean Technology Food and Foundries Investment Program; and\n\n(b) the policies and practices to be followed by Innovation Australia in the performance of the function.\n\nIntroduction\n\n# 4. The Department is responsible for administering the $200 million Clean Technology Food and Foundries Investment Program. The Government will provide up to $150 million for the food industry and up to $50 million for the foundry industry. The Program will operate over 6 years from 2011-12 to 2016-17.\n\nThe Clean Technology Food and Foundries Investment Program is a competitive, merit based grants program.\n\nInnovation Australia to have regard to policy objectives\n\n# 5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:\n\n# The objective of the Clean Technology Food and Foundries Investment Program is to assist Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products in order to maintain the competitiveness of Australian Manufacturing businesses in a carbon constrained economy.\n\n# 6. The policy objective of the Clean Technology Food and Foundries Investment Program will be achieved by providing grants to existing Australian food and foundries Manufacturing businesses to invest in energy efficient capital equipment and low emissions technologies, processes and products. These grants will provide practical transitional assistance to Australian Manufacturing businesses.\n\nProgram Outcomes\n\n# 7. The outcomes of the Clean Technology Food and Foundries Investment Program will be maintained competitiveness of Australian Manufacturing businesses in a carbon constrained economy by leveraged capital investment in energy efficient and low emissions technologies, plant and equipment to reduce Carbon emissions intensity, including through improvements in energy efficiency.\n\nDefinitions\n\n8. In this Direction:\n\n“Act” means the Industry Research and Development Act 1986 (Cth).\n\n“Agreement” means an agreement entered into by a Recipient and the Commonwealth for the provision, by the Commonwealth, of Grant Funds.\n\n“Applicant” means an entity that makes an application for funding under the Clean Technology Food and Foundries Investment Program.\n\n“AusIndustry” means the division of the same name within the Department.\n\n“Customer Guidelines” means the guidelines formulated by the Program Delegate under the relevant clauses of the Program Guidelines, and in accordance with the Commonwealth Grant Guidelines issued by the Minister for Finance and Deregulation under Regulation 7A of the Financial Management and Accountability Act 1997 (Cth). The Customer Guidelines will be published for the benefit of potential Applicants and other interested parties.\n\n“Department” means the Department of Industry, Innovation, Science, Research and Tertiary Education administered by the Minister.\n\n“Eligible Activity” means an activity that satisfies the requirements of clauses 35 to 37 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 26 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 47 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project and is deemed eligible for funding support by the Program Delegate, in accordance with the Customer Guidelines.\n\n“Eligible Project” means a Project that meets the requirements within clauses 27 to 34 of the Program Guidelines.\n\n“Government Grant Sources” includes, but is not limited to, grants from Federal, State, Territory, local or international government programs, including funding under the Clean Technology Food and Foundries Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology Food and Foundries Investment Program.\n\n“Innovation Australia” means the body of that name established by section 6 of the Act.\n\n“Manufacturing” means the physical or chemical transformation of materials or components into new products.\n\n“Minister” means the Minister administering the Act.\n\n“Program Delegate” means an employee of the Department who has been empowered by the Minister, or is otherwise duly authorised, to carry out the relevant functions in respect of the Clean Technology Food and Foundries Investment Program.\n\n“Program Directions” means the Directions that are given by the Minister under the Act to Innovation Australia concerning its functions in relation to the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Program Funding” or “Program Funds” means the funding made available by the Commonwealth for the Clean Technology Food and Foundries Investment Program in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Minister) for that year.\n\n“Program Guidelines” means the guidelines that are given by the Minister to the Department to provide a framework for the operation and administration of the Clean Technology Food and Foundries Investment Program, as in force from time to time.\n\n“Project” means the set of activities that is the subject matter of the Applicant’s application for funding.\n\n“Recipient” means an entity that is awarded funding under the Clean Technology Food and Foundries Investment Program.\n\nPART 2 – ASSESSMENT OF APPLICATIONS\n\nProcedure\n\n9. Subject to clause 15, Innovation Australia will assess the merit of each Eligible Application referred by the Program Delegate, and provide its recommendation to the Program Delegate or, pursuant to clause 10, the Cabinet of the Australian Government.\n\n10. Eligible Applications for grants of $10 million or more, that are recommended for approval by Innovation Australia, will also be assessed by the Cabinet of the Australian Government, which will provide a final recommendation to the Program Delegate.\n\n11. Innovation Australia must consider Eligible Applications as soon as practicable after those applications have been provided to Innovation Australia.\n\n12. In considering Eligible Applications, Innovation Australia must take into account advice provided by the Department on policy issues that are relevant to, or impact on, any of the merit criteria.\n\n13. Innovation Australia may request additional information from an applicant after the lodgement of an application.\n\n14. In providing the Program Delegate or the Cabinet of the Australian Government with an assessment for an application Innovation Australia may include advice as to whether the relative merits of an application would warrant:\n\n(a) an amount of funding that varies from the amount the applicant has applied; and/or\n\n(b) that any approval be subject to particular conditions.\n\nInnovation Australia may decline to complete a merit assessment\n\n15. Innovation Australia may decide to refuse to complete a merit assessment in respect of a particular application if it is not satisfied:\n\n(a) with the level of merit of an Eligible Application in relation to one or more of the merit criteria;\n\n(b) that the activities described in the Eligible Application are eligible activities; or\n\n(c) without limiting the generality of subclause (a) above, with the overall level of merit of an Eligible Application having regard to all applicable merit criteria.\n\nMerit Criteria\n\n16. Innovation Australia must base its assessment of each Eligible Application on the merit criteria requirements specified in clauses 49 to 52 of the Program Guidelines.\n\n17. Innovation Australia must have regard to the Customer Guidelines formulated by the Program Delegate, specifically:\n\n## (a) which merit criteria apply to particular categories of grant applications;\n\n## (b) what indicators will be considered in relation to each merit criterion; and\n\n## (c) any weighting for each merit criterion.\n\n18. The Program Delegate may request that Innovation Australia provide advice on indicators of merit for some or all of the merit criteria.\n\n19. The Program Delegate may request that Innovation Australia provide advice on setting out any differences in the relative level of importance of merit criteria.\n\nPART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT\n\n20. If a Recipient has submitted a proposal to the Department for approval of changes to an agreed Project, the Program Delegate may request that Innovation Australia assess the proposal.\n\n21. If Innovation Australia receives a request under clause 20 it must assess the proposal as soon as is practicable and provide the assessment to the Program Delegate.\n\n22. In undertaking an assessment of a proposal to change a Project Innovation Australia will consider:\n\n(a) the extent to which the changed Project meets the merit criteria;\n\n(b) the impact on the outcomes of the Project; and\n\n(c) whether the change to the Project would:\n\n(i) be consistent with the policy objectives set out in the Program Guidelines; and\n\n(ii) otherwise be appropriate in all the circumstances.\n\nPART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE CLEAN TECHNOLOGY INVESTMENT PROGRAM\n\n23. The Program Delegate may request Innovation Australia to provide assessments of technical matters associated with applications, activities and projects, or on any other matter relevant to or impacting on a merit criterion, including:\n\n(a) matters relating to the eligibility of applications, activities or projects against the definitions contained in these Directions or the Program Guidelines;\n\n(b) the progress reported by a Recipient against the milestones for a Project or compliance with Agreement conditions;\n\n(c) matters pertaining to energy efficiency or carbon emissions intensity of Projects;\n\n(d) matters pertaining to the business competitiveness case of Projects; and\n\n(e) any other matter that pertains to merit assessment or compliance with the terms and conditions of the Clean Technology Food and Foundries Investment Program or an Agreement.\n\n24. In carrying out assessments pursuant to clause 23, Innovation Australia will take into account any relevant policies or guidelines relating to the administration of the Clean Technology Food and Foundries Investment Program that are issued under the Program Guidelines.\n\n25. If Innovation Australia receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate.\n\n26. The Program Delegate may request advice from Innovation Australia on other matters relevant to the administration of the program, including but not limited to:\n\n(a) additional requirements for the application and assessment process;\n\n(b) the scope of the Australian food and foundries Manufacturing industry for the purposes of clause 21(b) of the Program Guidelines;\n\n(c) the scope of Eligible Activities; and\n\n(d) the scope of Eligible Expenditure.\n\nPART 5 – INNOVATION AUSTRALIA TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM\n\n27. Innovation Australia may advise the Minister, or the Minister may request advice, on non-financial administration matters relating to the Clean Technology Food and Foundries Investment Program, including program administration and the extent to which the program is meeting its objectives.\n\n28. Innovation Australia may collect and analyse data on the performance of the Clean Technology Food and Foundries Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":6},{"sectionNumber":"(c) any weighting for each merit criteri","sectionType":"part","heading":"(c) any weighting for each merit criterion.","content":"## (c) any weighting for each merit criterion.\n\n18. The Program Delegate may request that Innovation Australia provide advice on indicators of merit for some or all of the merit criteria.\n\n19. The Program Delegate may request that Innovation Australia provide advice on setting out any differences in the relative level of importance of merit criteria.\n\nPART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT\n\n20. If a Recipient has submitted a proposal to the Department for approval of changes to an agreed Project, the Program Delegate may request that Innovation Australia assess the proposal.\n\n21. If Innovation Australia receives a request under clause 20 it must assess the proposal as soon as is practicable and provide the assessment to the Program Delegate.\n\n22. In undertaking an assessment of a proposal to change a Project Innovation Australia will consider:\n\n(a) the extent to which the changed Project meets the merit criteria;\n\n(b) the impact on the outcomes of the Project; and\n\n(c) whether the change to the Project would:\n\n(i) be consistent with the policy objectives set out in the Program Guidelines; and\n\n(ii) otherwise be appropriate in all the circumstances.\n\nPART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE CLEAN TECHNOLOGY INVESTMENT PROGRAM\n\n23. The Program Delegate may request Innovation Australia to provide assessments of technical matters associated with applications, activities and projects, or on any other matter relevant to or impacting on a merit criterion, including:\n\n(a) matters relating to the eligibility of applications, activities or projects against the definitions contained in these Directions or the Program Guidelines;\n\n(b) the progress reported by a Recipient against the milestones for a Project or compliance with Agreement conditions;\n\n(c) matters pertaining to energy efficiency or carbon emissions intensity of Projects;\n\n(d) matters pertaining to the business competitiveness case of Projects; and\n\n(e) any other matter that pertains to merit assessment or compliance with the terms and conditions of the Clean Technology Food and Foundries Investment Program or an Agreement.\n\n24. In carrying out assessments pursuant to clause 23, Innovation Australia will take into account any relevant policies or guidelines relating to the administration of the Clean Technology Food and Foundries Investment Program that are issued under the Program Guidelines.\n\n25. If Innovation Australia receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate.\n\n26. The Program Delegate may request advice from Innovation Australia on other matters relevant to the administration of the program, including but not limited to:\n\n(a) additional requirements for the application and assessment process;\n\n(b) the scope of the Australian food and foundries Manufacturing industry for the purposes of clause 21(b) of the Program Guidelines;\n\n(c) the scope of Eligible Activities; and\n\n(d) the scope of Eligible Expenditure.\n\nPART 5 – INNOVATION AUSTRALIA TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM\n\n27. Innovation Australia may advise the Minister, or the Minister may request advice, on non-financial administration matters relating to the Clean Technology Food and Foundries Investment Program, including program administration and the extent to which the program is meeting its objectives.\n\n28. Innovation Australia may collect and analyse data on the performance of the Clean Technology Food and Foundries Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":7}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: establishing Innovation Australia's role in assessing grants for the Clean Technology Food and Foundries Investment Program. The scope has not expanded beyond this specific administrative function."},"complexity_factors":["18 defined terms in clause 8, many cross-referencing external documents (Program Guidelines, Customer Guidelines, Commonwealth Grant Guidelines)","Multiple nested decision-making layers: Program Delegate → Innovation Australia → Cabinet (for large grants)","Conditional logic in clause 15 allowing Innovation Australia to refuse assessment on three separate grounds","Extensive cross-referencing to clauses in separate Program Guidelines (clauses 21-26, 27-34, 35-37, 47, 49-52) that are not reproduced in this instrument","Dual pathways for assessment depending on grant value ($10 million threshold in clause 10)","Multiple advisory roles specified in Parts 3, 4, and 5 creating overlapping functions"],"plain_english_summary":"This Ministerial Direction tells Innovation Australia how to assess applications to a $200 million Clean Technology Food and Foundries Investment Program that funds food manufacturers and metal foundries to buy energy‑efficient, low‑emissions equipment. It governs how Innovation Australia and the Department of Industry handle, assess and recommend grant applications.\n\nThe program allocates up to $150 million for food businesses and $50 million for foundries (2011–12 to 2016–17) and aimed to cut emissions while helping energy‑intensive manufacturers adapt to a carbon‑constrained economy."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This Direction primarily formalises and adds a specific advisory/assessment function for Innovation Australia in relation to the Clean Technology Food and Foundries Investment Program. The instrument sets out procedures, criteria to be applied, and the relationship between Innovation Australia, the Program Delegate and Cabinet. It does not materially broaden the Program’s sectoral or financial scope (funding levels and sector split are fixed in clause 4), nor does it transfer final decision‑making power away from the Program Delegate. In short, it extends Innovation Australia’s role but does not substantially change the Program’s purpose or expand the types of activity the Program targets beyond those reflected in the Program Guidelines and the stated objective (clauses 4–7, 9)."},"complexity_factors":["Extensive cross‑references to separate Program Guidelines and Customer Guidelines (clauses 16, 17; multiple defined clause references: 21–26, 27–37, 47, 49–52).","Large number of defined terms in clause 8 that determine eligibility and operational scope (e.g. Agreement, Eligible Applicant, Eligible Activity, Program Funds, Program Delegate).","Conditional decision flow: Innovation Australia assesses but Program Delegate makes final decisions; Cabinet involvement for grants ≥ $10 million (clauses 9–11).","Multiple discretionary powers and ‘may’ provisions allowing refusal to assess, requests for advice and requests for additional information (clauses 13, 14, 15, 18, 19, 23, 26).","Reliance on external instruments (Commonwealth Grant Guidelines, Portfolio Budget Statement) to set funding levels, eligibility and financial rules (definitions).","Separate procedural streams for initial assessment, variations to projects, technical advice, and ministerial advice (Parts 2–5) increasing conditional paths to follow.","Reasonable‑time promises without fixed deadlines (clauses 11, 21, 25) — adds interpretive complexity for delivery expectations."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- This Direction (made under the Industry Research and Development Act 1986) instructs Innovation Australia to perform merit assessments and give advice for applications under the Clean Technology Food and Foundries Investment Program (the Program). (See clauses 3 and 9–11.)\n- The Direction sets out how Innovation Australia must carry out those assessments and what other advisory tasks it may be asked to perform (assessment of applications, assessment of proposed changes to approved projects, technical advice, and program performance monitoring). (See Parts 2–5.)\n- The Direction does not itself pay grants or enter agreements with recipients; it prescribes the advisory/assessment role of Innovation Australia and the relationship between Innovation Australia, the Department (Program Delegate) and (for large grants) Cabinet. (See clauses 9–11 and definitions.)\n\n**Who is affected**\n\n- Innovation Australia: gains an additional formal function — to assess the merit of Eligible Applications referred by the Program Delegate and to provide related technical and policy advice (clauses 3, 9, 23–28).\n- The Department (Program Delegate/AusIndustry): remains responsible for administering the $200 million Program and for deciding policy, eligibility rules and final funding decisions (clauses 4 and the definitions of Program Delegate, Program Guidelines and Customer Guidelines).\n- Applicants / Recipients: Australian food and foundries manufacturing businesses that apply for grants under the Program — they must meet eligibility and merit requirements and may be asked to supply additional information (definitions and clauses 13, 15, 16).\n- Cabinet: has a role in assessing Eligible Applications recommended by Innovation Australia where the recommended grant is $10 million or more (clause 10).\n- The Commonwealth (taxpayers): provides the funds ($200 million total; up to $150 million for food and up to $50 million for foundries over 2011–12 to 2016–17). (Clause 4.)\n\n**What the Program aims to achieve (as stated in the Direction)**\n\n- The stated policy objective is to help Australian food and foundries manufacturers invest in energy‑efficient capital equipment and low‑emissions technologies, processes and products so they can remain competitive in a carbon‑constrained economy. Grants are intended as transitional assistance to support that investment. (Clauses 5–7, 6.)\n\n**How assessments and advice work in practice**\n\n- The Program Delegate refers Eligible Applications to Innovation Australia. Innovation Australia must assess each Eligible Application’s merit (subject to clause 15 which permits it to decline to complete an assessment where eligibility or merit is not met) and provide recommendations to the Program Delegate (clauses 9, 15).\n- Innovation Australia must base assessments on the merit criteria set out in the Program Guidelines and have regard to the Customer Guidelines (clauses 16–17). The Department provides policy advice that Innovation Australia must take into account (clause 12).\n- Innovation Australia can request more information from applicants and may advise that an approved grant be for a different amount or be given subject to conditions (clauses 13, 14).\n- For proposed changes to an approved project, the Program Delegate may ask Innovation Australia to assess whether the variation meets merit criteria and policy objectives (clauses 20–22).\n- The Program Delegate may also request technical assessments (energy efficiency, carbon intensity, business case, project progress, eligibility, eligible expenditure) and Innovation Australia must provide those within a reasonable time (clauses 23–26).\n- Innovation Australia may advise the Minister on non‑financial administrative matters and collect/analyse program performance data and cooperate with independent evaluation (clauses 27–28).\n\n**Key implementation mechanisms and dependencies**\n\n- The Direction relies heavily on external documents: the Program Guidelines, Customer Guidelines and Commonwealth Grant Guidelines (definitions). Those documents define eligibility, merit criteria, allowable expenditure, weighting of criteria and other operational detail — so the effect of the Direction depends materially on those later instruments.\n- Final funding decisions rest with the Program Delegate (with Cabinet input for large awards), not Innovation Australia; Innovation Australia performs assessments and provides advice (clauses 9–11, definitions of Agreement and Program Delegate).\n\n**Practical implications, incentives and likely administrative trade‑offs (neutral description)**\n\n- Who pays: the Commonwealth funds the Program ($200 million total; clause 4).\n- Who decides: the Department/Program Delegate sets the Customer Guidelines and makes final funding decisions; Innovation Australia assesses merit and provides advice; Cabinet reviews large recommended awards (clauses 9–11, definitions).\n- Behaviour the law encourages: eligible manufacturers are incentivised to apply for grants to invest in energy‑efficient capital or low‑emissions technology; applicants will need to prepare evidence to meet merit criteria and to respond to information requests (clauses 13, 16–17).\n- Compliance and administrative burden: applicants must satisfy eligibility and merit tests (clauses referenced in definitions: Program Guidelines clauses 21–37, 47, 49–52), may face requests for further information, and will be subject to milestone reporting and Agreement conditions if awarded (clauses 23(b), definition of Agreement).\n- Bureaucratic discretion and concentration of decision rights: the Program Delegate controls operational policy (Customer Guidelines) and can request Innovation Australia’s advice on indicators, weightings and scope (clauses 17–19, 26). This concentrates practical discretion in the Department while creating a formal advisory role for Innovation Australia.\n- Programme targeting and opportunity cost: funds are pre‑allocated by sector (food up to $150m; foundries up to $50m) and fixed over a set period (2011–12 to 2016–17). That sectoral split limits how funds can be reallocated between industries and creates opportunity costs relative to other possible uses of Commonwealth funds (clause 4).\n- Risks and operational frictions to note: dependence on external guidelines for eligibility/merits (implementation risk if guidelines are unclear), potential delay for large grants requiring Cabinet assessment, and the usual competitive grants risks (administrative cost to applicants, and potential for strategic grant‑seeking behaviour). The Direction provides mechanisms to manage technical assessment and monitoring (clauses 23–28) but leaves substantive thresholds and eligibility criteria to the Program Guidelines.\n\n**Relevant clause references**: primary operational clauses are 3 (object), 4 (program funding and duration), 8 (definitions), 9–19 (assessment procedure and merit criteria), 20–22 (variations), 23–26 (technical advice), and 27–28 (program advice and monitoring)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012","history":"/api/acts/clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012/history","analysis":"/api/acts/clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012/analysis","conflicts":"/api/acts/clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012/conflicts","importantCases":"/api/acts/clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012/important-cases","documents":"/api/acts/clean-technology-food-and-foundries-investment-program-direction-no-1-of-2012/documents"}}