{"id":"F2020L00949","name":"Industry Research and Development (Advancing Research and Development for Critical Minerals Program) Instrument 2020","slug":"industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440554,"registerId":"F2020L00949-fast-fetch-1775956142051","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Advancing Research and Development for Critical Minerals 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 (Advancing Research and Development for Critical Minerals Program) Instrument 2020\n\nI, Keith Pitt, Minister for Resources, Water and Northern Australia, make the following instrument.\n\nDated 22 July 2020\n\nKeith Pitt\n\nMinister for Resources, Water and Northern Australia\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 (Advancing Research and Development for Critical Minerals 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this instrument is registered. 28 July 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Advancing Research and Development for Critical Minerals 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 provides funding for scientific research and development activities, including those undertaken by collaborating with foreign geoscience agencies, to improve access to Australia’s critical minerals reserves and increase opportunities for downstream processing of critical minerals in Australia, including by:\n\n (a) enabling the further identification and development of such reserves; and\n\n (b) identifying improved processes and techniques for critical minerals exploration and extraction; and\n\n (c) exploring opportunities for the recovery of critical minerals from tailings and other mine waste; and\n\n (d) developing advanced processing techniques.\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) external affairs (within the meaning of paragraph 51(xxix) 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 (see paragraph 51(xxxix) and section 61 of the Constitution).\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing a specific R&D program for critical minerals. The scope has not expanded beyond prescribing the program and specifying constitutional powers. The substantive operational details (eligibility, grant amounts, assessment criteria) are deliberately left to the parent Act and administrative guidelines, which is standard for instruments of this type."},"complexity_factors":["Very short instrument — only 6 sections spanning approximately 2 pages","Only 2 defined terms ('Act' and 'program')","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","No conditional logic, exceptions, or nested provisions","Straightforward purposive provisions without operational detail (funding mechanics, eligibility criteria, and application processes are presumably contained in separate guidelines or the parent Act)","Simple list structure for program objectives (paragraphs 5(2)(a)-(d))"],"plain_english_summary":"The instrument creates the Advancing Research and Development for Critical Minerals Program, authorising government grants for R&D on critical minerals (e.g., rare earths, lithium, cobalt) to support discovery, extraction, recovery and processing. It affects researchers, mining firms, scientists and collaborating foreign geoscience agencies, and aims to strengthen local processing, secure supply chains for key technologies, and provide the legal basis for funding under the Industry Research and Development Act 1986."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the program beyond the purposes it states. It prescribes the Advancing Research and Development for Critical Minerals Program under subsection 33(1) and defines the program’s eligible activities (s5) while declaring the constitutional powers relied on (s6). No text in the instrument indicates a change from the program description it sets out."},"complexity_factors":["Cross-reference to the Industry Research and Development Act 1986 and reliance on subsection 33 for prescription (see s3 and s5(1)) — requires reading this instrument with the parent Act.","Broad and high-level description of eligible activities (s5(2)(a)–(d)) creates interpretive scope about what specific projects qualify for funding.","Explicit permission for collaboration with foreign geoscience agencies (s5(2)) raises external-affairs considerations and cross-border data/contract issues.","Specification of constitutional powers relied upon (external affairs and measures peculiarly adapted to national government) (s6) imports potential constitutional-law complexity.","Instrument is short and declarative, so operational details (eligibility criteria, funding mechanisms, application processes) are absent — increasing administrative discretion and potential compliance uncertainty (s5).","Made by the Minister (instrument header and s3 authority), so implementation choices will be exercised administratively rather than by this instrument’s text.","Potential for overlap with other Commonwealth/state mining, environmental or export laws given the subject matter — requires multi-act coordination not addressed in the instrument."],"plain_english_summary":"This instrument formally prescribes the “Advancing Research and Development for Critical Minerals Program” under the Industry Research and Development Act 1986, creating a legal basis for Commonwealth funding of R&D to identify critical mineral reserves and advance downstream processing in Australia. It sets out eligible activities (exploration, improved extraction processes, recovery from tailings, advanced processing), permits collaboration with foreign geoscience agencies, and specifies the constitutional powers relied on; it therefore affects researchers, mining and processing businesses, and administrators who allocate and receive funding."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i","history":"/api/acts/industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i/history","analysis":"/api/acts/industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i/analysis","conflicts":"/api/acts/industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i/conflicts","importantCases":"/api/acts/industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i/important-cases","documents":"/api/acts/industry-research-and-development-advancing-research-and-development-for-critical-minerals-program-i/documents"}}