{"id":"F2009B00223","name":"Industry Research and Development Act 1986 - Biotechnology Innovation Fund Directions No. 1 of 2002","slug":"industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":76367,"registerId":"commonwealth-F2009B00223-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"PART 8","sectionType":"division","heading":"PAYMENT OF FINANCIAL ASSISTANCE","content":"### PART 8 —PAYMENT OF FINANCIAL ASSISTANCE\n\nAuthorisation of payment of financial assistance\n\n20. The Board may authorise payments for eligible expenditure under the Biotechnology Innovation Fund to be made in:\n\n(a) the financial year commencing on 1 July 2001; and\n\n(b) each following financial year for which the Biotechnology Innovation Fund receives an appropriation.\n\nMaximum financial assistance based on eligible expenditure\n\n21. (1) The total amount of financial assistance for a project must not exceed:\n\n(a) $250,000 or 50% of the eligible expenditure for the project, which ever is the lesser; and\n\n(b) any further amount payable to the applicant to reimburse the applicant for GST payable by the applicant on supplies made to the Commonwealth under the grant agreement (such further amount not to exceed the amount of GST paid by the applicant).\n\n(2) The Board must not grant financial assistance to an applicant for an amount greater than the amount sought in the applicant’s application, but the Board may grant a lesser amount.\n\nPART 9 — OTHER REQUIREMENTS IN RELATION TO FINANCIAL ASSISTANCE\n\nTime limits on projects receiving financial assistance\n\n22. (1) The period of a project for which financial assistance may be provided must not be more than 18 months.\n\n(2) However, the Board may extend the period within which a project which receives financial assistance must be completed to a maximum of 2 years if the Board reasonably considers that the objectives of the project would be advanced significantly by the extension.\n\n(3) For the purposes of subclauses (1) and (2), the Board may determine that the period of a project excludes any time during which work on the project has been suspended if:\n\n(a) the total time excluded:\n\n(i) would not be longer than the total time during which work on the project has been suspended continuously for at least 30 days; and\n\n(ii) would not be longer than 1 year, and\n\n(b) the determination would significantly advance the objectives of the project.\n\nPART 10 — MONITORING AND EVALUATING PROJECTS\n\nMonitoring and evaluating\n\n23. The Board must:\n\n(a) ensure that projects for which financial assistance is granted are monitored to obtain relevant information for evaluation; and\n\n(b) at the request of the Minister, facilitate and cooperate with independent evaluation of the Biotechnology Innovation Fund.\n\nPART 11 — REVOCATION OF EARLIER DIRECTIONS\n\nRevocation of directions\n\n24. Subject to clause 25 and clause 26, the Biotechnology Innovation Fund Directions No 1 of 2001 are revoked.\n\nPART 12 — TRANSITIONAL PROVISIONS\n\nTransitional provision — certain grants of financial assistance\n\n25. The Biotechnology Innovation Fund Directions No 1 of 2001, as in force immediately before the commencement of these directions, continue to apply in relation to financial assistance provided under the revoked directions.\n\nTransitional provision — certain applications for financial assistance\n\n26. (1) This clause 26 applies to an application, for financial assistance made under the Biotechnology Innovation Fund Directions No 1 of 2001 but not considered by the Board before those directions were revoked.\n\n(2) The Board must consider an application referred to in subclause 26(1) as if the Biotechnology Innovation Fund Directions No 1 of 2001 continued to apply.\n\n(3) The Board may grant an application referred to in subclause 26(1) as if the Biotechnology Innovation Fund Directions No 1 of 2001 continued to apply.\n\n(4) If an application referred to subclause 26(1) is granted, the Biotechnology Innovation Fund Directions No 1 of 2001 continue to apply in relation to the financial assistance to which the application relates.\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument revokes the 2001 Directions for future applications (cl.24) but explicitly keeps the earlier Directions operative for already-made grants and applications not considered before revocation (cls.25–26). Result: substantive rules change for new grants while legacy grants/applications remain governed by the prior Directions."},"complexity_factors":["Numerical caps and GST reimbursement rules introduce straightforward but binding funding limits (cl.21).","Time-limit rules with a conditional extension and a suspension-exclusion mechanism add conditional timing complexity (cl.22).","Board discretion to authorise payments, grant lesser amounts than sought, and extend project time creates administrative discretion and decision-making variance (cls.20,21,22).","Transitional and revocation provisions preserve prior grants/applications while changing future rules, requiring administrative differentiation between legacy and new cases (cls.24–26).","Monitoring and cooperation with independent evaluation requires ongoing compliance and reporting capacity from recipients and administrative resources from the Board (cl.23)."],"plain_english_summary":"These Directions set rules for Biotechnology Innovation Fund grants: the Board may authorise payments from 1 July 2001 (cl.20); grants are capped at the lesser of $250,000 or 50% of eligible project costs plus GST reimbursement (cl.21); projects normally run up to 18 months (extendable to 2 years; may exclude suspension time) (cl.22).  They revoke the 2001 Directions but preserve prior grants and pending applications (cls.24–26). Affected: applicants (co‑funding), project managers and the Board; costs fall on recipients and the Commonwealth (appropriations, monitoring)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument maintains the same scope as its predecessor (the 2001 Directions). It is a standard annual/quasi-annual update of administrative directions for a specific grant program. The transitional provisions (clauses 25-26) explicitly preserve the old rules for existing applicants, indicating continuity rather than expansion of scope."},"complexity_factors":["Short document (approximately 26 clauses, though only clauses 20-26 are shown)","Minimal defined terms (relies on external definitions from the parent Act and previous Directions)","Straightforward conditional logic (simple 'if/then' structures in clauses 22 and 26)","Limited cross-referencing (only internal references to clauses 25 and 26, and reference to the revoked 2001 Directions)","Clear numerical caps ($250,000, 50%, 18 months, 2 years) that are easy to interpret","Single purpose instrument (grant administration) without multiple policy objectives"],"plain_english_summary":"The Biotechnology Innovation Fund directions set how a government Board may approve and monitor grants for eligible Australian biotech projects, including payment authority, caps (max $250,000 or 50% of project costs), GST treatment, and project time limits with possible extensions and pauses.  \n\nIt affects biotech companies, researchers, the administering Board and Minister, and matters because it governs taxpayer funding, accountability and the conditions for supporting biotech innovation."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002","history":"/api/acts/industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002/history","analysis":"/api/acts/industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002/analysis","conflicts":"/api/acts/industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002/conflicts","importantCases":"/api/acts/industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002/important-cases","documents":"/api/acts/industry-research-and-development-act-1986-biotechnology-innovation-fund-directions-no-1-of-2002/documents"}}