{"id":"F2020L00476","name":"Industry Research and Development (Access to Bushfire Construction Standards Program) Instrument 2020","slug":"industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440454,"registerId":"F2020L00476-fast-fetch-1775956068411","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Access to Bushfire Construction Standards Program) Instrument 2020","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Access to Bushfire Construction Standards Program) Instrument 2020\n\nI, Karen Andrews, Minister for Industry, Science and Technology, make the following instrument.\n\nDated 21 April 2020\n\nKaren Andrews\n\nMinister for Industry, Science and Technology\n\n \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 (Access to Bushfire Construction Standards Program) Instrument 2020.\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this instrument is registered. 25 April 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nprogram means the Access to Bushfire Construction Standards Program.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the program is prescribed.\n\n (2) The program is to make one or more payments to Standards Australia so that Australian Standard AS 3959:2018, Construction of buildings in bushfire‑prone areas, as in force from time to time, can be made available to the public online and free of charge.\n\n (3) The purpose of the program, having regard to the property loss occurring as a result of the 2019‑20 bushfire season, is to ensure that all Australians have access to the latest bushfire‑ready construction standards, in order to enhance the safety of the lives, homes and property of all Australians.\n\n6  Specified legislative power\n\n  For 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) postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution);\n\n (b) measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change the Act's objects or create new legislative powers; it prescribes a specific program under existing section 33 to fund public access to AS 3959:2018 and specifies constitutional bases for that program (s5, s6). It reallocates who pays for access to the standard (government payments to Standards Australia) but does not expand the statute's substantive scope."},"complexity_factors":["Short, focused instrument with few provisions (s1–s6)","Cross-reference to the Industry Research and Development Act 1986 and reliance on subsection 33 creates external dependency (see s3 and s5(1))","Payment mechanism delegated to executive program rather than detailed funding rules — leaves specifics to administrative action (s5(2))","\"As in force from time to time\" reference creates ongoing scope for later versions of the standard to be covered without further legislative action (s5(2))","Specification of constitutional head powers for legal basis introduces federal constitutional considerations (s6)","Clear commencement clause but no detailed implementation or reporting requirements increases administrative discretion (s2)"],"plain_english_summary":"Mechanically, this instrument prescribes a program under the Industry Research and Development Act to fund one or more payments to Standards Australia so Australian Standard AS 3959:2018 (Construction of buildings in bushfire‑prone areas) is made available online free of charge (s5(1)–(2)). The instrument states this is to improve public access after the 2019–20 bushfires (s5(3)). The government (via the prescribed program) pays Standards Australia and the Minister authorised the instrument; it removes the online paywall for that standard."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument maintains a tight, focused scope consistent with its title and apparent original intent. It does exactly what it says on the tin: creates a program to fund free access to one specific bushfire construction standard. There is no scope creep into broader building codes, no expansion into other disaster types, and no additional research or development activities beyond the specific payment arrangement described."},"complexity_factors":["Very short instrument: only 6 sections spanning approximately 2 pages","Minimal defined terms: only 2 definitions ('Act' and 'program') in section 4","No cross-references to other legislation beyond the enabling Act and Constitution","Simple conditional structure: straightforward subsections without nested exceptions","Single operational purpose: one clear policy objective with no alternative pathways or complex eligibility criteria","Standard constitutional specification in section 6 (merely cites constitutional heads of power without elaboration)"],"plain_english_summary":"This instrument establishes the \"Access to Bushfire Construction Standards Program\" to fund Standards Australia so AS 3959:2018 — the technical rules for building in bushfire‑prone areas — is freely available online. \n\nIt affects homeowners, builders, architects, engineers and certifiers who rely on the standard, and aims to remove the cost barrier to accessing life‑saving construction guidance identified after the 2019–20 Black Summer fires."},"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/industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020","history":"/api/acts/industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020/history","analysis":"/api/acts/industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020/analysis","conflicts":"/api/acts/industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020/conflicts","importantCases":"/api/acts/industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020/important-cases","documents":"/api/acts/industry-research-and-development-access-to-bushfire-construction-standards-program-instrument-2020/documents"}}