{"id":"F2012L00575","name":"Clean Technology Investment Program Direction No. 1 of 2012","slug":"clean-technology-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":88788,"registerId":"commonwealth-F2012L00575-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 $800 million Clean Technology Investment Program. The Program will operate over 7 years from 2011-12 to 2017-18.","content":"# 4. The Department is responsible for administering the $800 million Clean Technology Investment Program. The Program will operate over 7 years from 2011-12 to 2017-18.\n\nThe Clean Technology Investment Program is a competitive, merit based, grants program.\n\nInnovation Australia to have regard to policy objectives\n\n5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:","sortOrder":0},{"sectionNumber":"The policy objective of the Clean Techno","sectionType":"part","heading":"The policy objective of the Clean Technology Investment Program is to assist Australian 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":"## The policy objective of the Clean Technology Investment Program is to assist Australian 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\n6. The objective of the Clean Technology Investment Program will be achieved by providing grants to existing Australian 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\n7. The outcome of the Clean Technology 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\nInterpretation\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 the 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 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 36 to 38 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 27 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 48 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project that satisfies the requirements of clause 39 of the Program Guidelines 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 28 to 35 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 Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology 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 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 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 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 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 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 have been merit assessed by Innovation Australia and recommended for funding, will be referred to the Cabinet of the Australian Government for consideration prior to final approval by 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 decline 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 50 to 53 of the Program Guidelines.\n\n17. Innovation Australia must have regard to the Customer Guidelines formulated by the Program Delegate, specifically:","sortOrder":1},{"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 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 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 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 $800 million Clean Technology Investment Program. The Program will operate over 7 years from 2011-12 to 2017-18.\n\nThe Clean Technology Investment Program is a competitive, merit based, grants program.\n\nInnovation Australia to have regard to policy objectives\n\n5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:\n\n## The policy objective of the Clean Technology Investment Program is to assist Australian 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\n6. The objective of the Clean Technology Investment Program will be achieved by providing grants to existing Australian 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\n7. The outcome of the Clean Technology 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\nInterpretation\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 the 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 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 36 to 38 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 27 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 48 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project that satisfies the requirements of clause 39 of the Program Guidelines 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 28 to 35 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 Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology 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 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 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 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 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 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 have been merit assessed by Innovation Australia and recommended for funding, will be referred to the Cabinet of the Australian Government for consideration prior to final approval by 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 decline 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 50 to 53 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 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 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 Manufacturing industry for the purposes of clause 21(a) 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 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 Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":2},{"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 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 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 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 $800 million Clean Technology Investment Program. The Program will operate over 7 years from 2011-12 to 2017-18.\n\nThe Clean Technology Investment Program is a competitive, merit based, grants program.\n\nInnovation Australia to have regard to policy objectives\n\n5. Innovation Australia must have regard to the following policy objective in giving effect to this Direction:\n\n## The policy objective of the Clean Technology Investment Program is to assist Australian 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\n6. The objective of the Clean Technology Investment Program will be achieved by providing grants to existing Australian 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\n7. The outcome of the Clean Technology 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\nInterpretation\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 the 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 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 36 to 38 of the Program Guidelines.\n\n“Eligible Applicant” means an Applicant that satisfies the requirements of clauses 21 to 27 of the Program Guidelines.\n\n“Eligible Application” means an application that satisfies the requirements of clause 48 of the Program Guidelines.\n\n“Eligible Expenditure” means the expenditure incurred by an Applicant in relation to a Project that satisfies the requirements of clause 39 of the Program Guidelines 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 28 to 35 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 Investment Program.\n\n“Grant Funds” means the funds awarded to Recipients of the Clean Technology 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 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 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 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 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 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 have been merit assessed by Innovation Australia and recommended for funding, will be referred to the Cabinet of the Australian Government for consideration prior to final approval by 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 decline 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 50 to 53 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 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 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 Manufacturing industry for the purposes of clause 21(a) 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 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 Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":3},{"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 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 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 Manufacturing industry for the purposes of clause 21(a) 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 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 Investment Program and provide advice to the Minister on such performance, and will cooperate with any independent evaluation of the program.","sortOrder":4}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Direction appears consistent with its original purpose. It establishes the assessment framework for the Clean Technology Investment Program as announced—a targeted grants program for manufacturing energy efficiency. The scope remains focused on: (1) merit assessment of applications, (2) variation assessments, (3) technical advice, and (4) program evaluation. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["18 defined terms in the interpretation section, many cross-referencing external documents (Program Guidelines, Commonwealth Grant Guidelines)","Multiple nested references to clauses in separate Program Guidelines (clauses 21-27, 28-35, 36-38, 39, 48, 50-53) that are not reproduced in this instrument","Conditional logic for Cabinet referral triggered by $10 million threshold (clause 10)","Multiple layers of decision-making: Program Delegate → Innovation Australia → Cabinet/Program Delegate for final approval","External statutory references (Industry Research and Development Act 1986, Financial Management and Accountability Act 1997) required to understand full legal framework","Duplicated and fragmented text in the provided version (appears to be OCR or copy-paste errors with repeated sections) making structural navigation difficult"],"plain_english_summary":"This Ministerial Direction under the Industry Research and Development Act 1986 instructs Innovation Australia to provide merit-based assessments and technical advice for the Clean Technology Investment Program—a grants scheme helping Australian manufacturers buy energy‑efficient, low‑emissions equipment. Innovation Australia’s independent advice guides AusIndustry and the Minister, but final funding and large grants (≥$10m) require departmental or Cabinet approval.\n\nIt implements a climate‑policy response using carbon‑pricing revenue to support competitiveness while cutting emissions."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Direction expands Innovation Australia’s statutory role by adding merit assessment and advisory functions specific to the Clean Technology Investment Program and formalises the Department (Program Delegate) as administrator of an $800m grants program (cls 3–4). It creates new inter‑agency responsibilities and a Cabinet referral mechanism for large grants (cls 9–10), while operational detail and eligibility remain dependent on Program Guidelines and Customer Guidelines (cls 8,17,24)."},"complexity_factors":["Multiple agencies and roles (Minister, Department/Program Delegate, Innovation Australia, Cabinet) creating multi‑layered decision paths (cls 3–4,9–10,27)","Numerous cross‑references to separate Program Guidelines and Customer Guidelines that determine eligibility, merit criteria and procedure (cls 8,17,24)","Discretionary powers for Innovation Australia to decline assessments and for delegates to set conditions or vary funding amounts (cls 14–15)","Cabinet referral threshold for grants of $10 million or more adds an extra approval layer (cl 10)","Wide definitions and eligibility tests that tie to multiple clause ranges (Eligible Applicant/Project/Activity/Expenditure references in cl 8)","Requirements to consider Department advice and allow additional information requests increase procedural steps and compliance burden (cls 11–13)","Tasks beyond initial assessment (variation proposals, technical assessments, performance data and policy advice) broaden remit and evidence requirements (PARTS 3–5, cls 20–28)"],"plain_english_summary":"This Direction requires Innovation Australia to merit‑assess applications for an $800 million competitive grants program (2011–12 to 2017–18) that funds Australian manufacturers’ investments in energy‑efficient and low‑emission capital, processes and products (cls 4–7). The Commonwealth provides the funds; the Department (Program Delegate) administers approvals and may refer grants of $10 million or more to Cabinet (cls 9–10). Applicants face eligibility, reporting and compliance requirements and decision‑maker discretion over eligibility, funding amounts and conditions (cls 8,13–15,23–26)."},"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-investment-program-direction-no-1-of-2012","history":"/api/acts/clean-technology-investment-program-direction-no-1-of-2012/history","analysis":"/api/acts/clean-technology-investment-program-direction-no-1-of-2012/analysis","conflicts":"/api/acts/clean-technology-investment-program-direction-no-1-of-2012/conflicts","importantCases":"/api/acts/clean-technology-investment-program-direction-no-1-of-2012/important-cases","documents":"/api/acts/clean-technology-investment-program-direction-no-1-of-2012/documents"}}