{"id":"F2022L01579","name":"Industry Research and Development (Accelerate Adoption of Wood Processing Innovation Program) Instrument 2022","slug":"industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441637,"registerId":"F2022L01579-fast-fetch-1775956896661","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Accelerate Adoption of Wood Processing Innovation Program) Instrument 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Accelerate Adoption of Wood Processing Innovation Program) Instrument 2022\n\nI, Murray Watt, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated 30 November 2022   \n\n \n\nMurray Watt\n\nMurray Watt\n\nMinister for Agriculture, Fisheries and Forestry\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Prescribed program\n\n6  Specified legislative power\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Accelerate Adoption of Wood Processing Innovation Program) Instrument 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 33 of the Industry Research and Development Act 1986.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Industry Research and Development Act 1986.\n\ncommercial wood processing facility means a wood processing facility that:\n\n (a) is located in an Australian state or territory; and\n\n (b) is not a State Forestry wood processing facility or a Commonwealth wood processing facility;\n\n (c) is owned by an Australian entity.\n\nCommonwealth wood processing facility means a wood processing facility that is owned or operated by the Commonwealth government, or by a statutory authority established under a law of the Commonwealth.\n\nState Forestry wood processing facility means a wood processing facility that is owned or operated by a State or Territory government, or by a statutory authority established under a law of a State or Territory.\n\nKyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.\n\nNote:          The Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nParis Agreement means the Paris Agreement, done at Paris on 12 December 2015, as in force for Australia from time to time.\n\nNote:          The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nprogram: see subsection 5(1).\n\nState Forestry wood processing facility means a wood processing facility that is owned or operated by a State or Territory government, or by a statutory authority established under a law of a State or Territory.\n\nUnited Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as in force for Australia from time to time.\n\nNote:          The Convention is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2022 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nwood includes timber, pulp and wood fibre.\n\nwood product means a product containing wood.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Accelerate Adoption of Wood Processing Innovation Program (the program) is prescribed.\n\n (2) The program provides funding to commercial wood processing facilities to enable innovation in wood processing, including developing new wood processing lines and improving wood processing capability and capacity.\n\n (3) The purpose of the program is to support commercial wood processing facilities to undertake one or more of the following in order to boost participation in the domestic and international timber market:\n\n (a) develop new wood products;\n\n (b) improve the capacity of the facility to make existing products;\n\n (c) increase the utilisation of wood supply;\n\n (d) improve the sustainability of wood processing by reducing carbon emissions.\n\n6  Specified legislative power\n\nFor the purposes of subsection 33(3) of the Act, the powers of the Parliament to make laws with respect to the following are specified:\n\n(a)  trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);\n\n(b)  foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution);\n\n(c)  external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures that would assist Australia to meet its obligations under one or more of the following:\n\n(i)   the Kyoto Protocol, particularly Article 10;\n\n(ii) the Paris Agreement, particularly Article 4;\n\n(iii) the United Nations Framework Convention on Climate Change, particularly Article 4;\n\n(d)  the government of a Territory (within the meaning of section 122 of the Constitution).\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument does not expand the Act’s statutory powers; it prescribes a specific funding program under the existing authority in s33 of the Industry Research and Development Act 1986 (s3, s5(1)). It narrows operational scope by defining eligible recipients and purposes (s4, s5(2)–(3)) but leaves procedural and funding details to subsequent administrative action, rather than changing the Act’s substantive legislative scope."},"complexity_factors":["Statutory origin and delegation: the instrument is made under s33 of the Industry Research and Development Act 1986, so it operates by prescribing a program rather than creating new standalone law (s3).","Eligibility definitions: precise eligibility limits are set—‘commercial wood processing facility’ must be Australian‑located and Australian‑owned and excludes State Forestry and Commonwealth facilities (definitions in s4; s5(2)).","Limited operational detail: the instrument states funding will be provided and lists program purposes but gives no application, funding quantum, timing, or selection criteria, increasing administrative discretion and reliance on later administrative rules (s5(1)–(3)).","Treaty and climate references: the instrument ties program rationale to international agreements (Kyoto Protocol, Paris Agreement, UNFCCC) via defined terms, which can affect how climate‑related purposes are interpreted (definitions in s4; s6(c)).","Constitutional backing specified: the instrument explicitly lists the heads of power relied on (trade and commerce; corporations; external affairs; government of a Territory), which is a technical specification for legal validity (s6).","Minor textual duplication: the definition for State Forestry wood processing facility appears more than once in the instrument, which may cause minor drafting ambiguity (s4)."],"plain_english_summary":"This instrument, made under section 33 of the Industry Research and Development Act 1986, prescribes the “Accelerate Adoption of Wood Processing Innovation Program”. It provides Commonwealth funding to commercial wood processing facilities (excluding State or Commonwealth‑owned facilities) to support new product development, increase production capacity and wood utilisation, and reduce processing carbon emissions. The instrument names eligible recipients and program purposes and identifies the constitutional heads of power relied on for Commonwealth action."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It simply prescribes a specific grant program under the Industry Research and Development Act 1986, defining eligible recipients (private wood processors) and permitted activities (innovation, capacity building, emissions reduction). There is no evidence of scope creep; the instrument does exactly what its title suggests and no more."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 9 defined terms, most being straightforward (e.g., 'wood includes timber, pulp and wood fibre')","Simple structure: name, commencement, authority, definitions, prescribed program, constitutional basis","No nested exceptions or conditional logic—eligibility is a simple three-part test (location, not government-owned, Australian entity)","Single cross-reference to the Industry Research and Development Act 1986 (the enabling Act)","No procedural requirements, compliance mechanisms, or penalty provisions contained in this instrument"],"plain_english_summary":"The instrument establishes the Accelerate Adoption of Wood Processing Innovation Program, providing federal grants to private Australian wood processors (sawmills, pulp and timber manufacturers) to modernise, develop new products, boost capacity, improve resource efficiency and cut emissions. Government‑owned facilities are excluded. \n\nIt aims to strengthen industry competitiveness, support regional jobs and help meet Australia’s international climate obligations, relying on several constitutional powers (trade, corporations, external affairs and territories) for its legal basis."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume","history":"/api/acts/industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume/history","analysis":"/api/acts/industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume/analysis","conflicts":"/api/acts/industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume/conflicts","importantCases":"/api/acts/industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume/important-cases","documents":"/api/acts/industry-research-and-development-accelerate-adoption-of-wood-processing-innovation-program-instrume/documents"}}