{"id":"F2022L01441","name":"Industry Research and Development (Australia-India Critical Minerals Investment Partnership Program) Instrument 2022","slug":"industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441591,"registerId":"F2022L01441-fast-fetch-1775956861890","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Australia-India Critical Minerals Investment Partnership 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\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development\n\n(Australia-India Critical Minerals Investment Partnership Program) Instrument 2022\n\n \n\n \n\nI, Madeleine King, Minister for Resources make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\nDated: 7 November 2022\n\nMadeleine King\n\nMinister for Resources\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 (Australia-India Critical Minerals Investment Partnership 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Australia-India Critical Minerals Investment Partnership Program (the program) is prescribed.\n\n (2) The program funds the following activities to support the purpose of the program:\n\n (a)  procuring and paying for the services of third-party advisers to perform project selection and due diligence assessments of critical minerals projects, and for associated services and activities;\n\n (b) otherwise supporting any investment arrangement that might be entered into relating to critical minerals projects by the Commonwealth.\n\n (3) The purpose of the program is to promote and further the ongoing relationship between the Commonwealth and the Government of India through investment in critical minerals.\n\n6  Specified legislative power\n\n  For the purposes of subsection 33(3) of the Act, the power of the Parliament to make laws with respect to external affairs (within the meaning of paragraph 51(xxix) of the Constitution) is specified.\n\n \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"},"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 bilateral program for critical minerals investment between Australia and India. It has not expanded beyond this narrow, well-defined scope."},"complexity_factors":["Only 6 short sections total","Minimal defined terms (just 2: 'Act' and 'program')","No cross-references to other legislation beyond the parent Act","Simple purpose and activity descriptions without nested conditions or exceptions","Straightforward commencement and authority provisions"],"plain_english_summary":"This legislation creates a formal funding program to help Australia and India work together on critical minerals projects (like lithium, rare earths, and cobalt used in batteries and technology). It allows the government to hire outside experts to evaluate which mining or processing projects are worth investing in, and to support deals between Australia and India in this sector. The program exists to strengthen the diplomatic and economic relationship between the two countries through shared investment in resources that are strategically important for clean energy and technology supply chains."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the parent Act; it prescribes a named program and lists the funded activities (s5) and specifies the constitutional basis (s6). It therefore establishes a programmatic funding power and purpose without changing the statutory scope of the Industry Research and Development Act 1986 or expanding parliamentary powers beyond specifying the external affairs head for the Act (s3, s5, s6)."},"complexity_factors":["Short, single-purpose instrument prescribing a program rather than amending substantive law (s1, s5).","Delegated funding and procurement discretion for advisers and investment support is broadly worded (s5(2)(a) and (b)), which increases administrative discretion.","Specifies constitutional head of power for the Act (external affairs) which is a legal technicality but may affect legal framing (s6).","Relies on external Act authority (Industry Research and Development Act 1986) so understanding requires cross-reference to that Act (s3).","Minimal definitions and few operational constraints — limited procedural detail reduces legislative complexity but increases implementation reliance on administrative rules (definitions; s4).","Clear commencement mechanics; no transitional or compliance regimes specified, lowering formal compliance complexity (s2)."],"plain_english_summary":"This instrument formally creates the \"Australia‑India Critical Minerals Investment Partnership Program\" under the Industry Research and Development Act 1986. It allows the Commonwealth to fund and pay for third‑party advisers for project selection and due diligence and to otherwise support investment arrangements for critical‑minerals projects (s5(2)). The stated purpose is to promote the Commonwealth’s ongoing relationship with the Government of India through critical‑minerals investment (s5(3)); affected parties include Commonwealth agencies, project proponents, advisers and investors."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i","history":"/api/acts/industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i/history","analysis":"/api/acts/industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i/analysis","conflicts":"/api/acts/industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i/conflicts","importantCases":"/api/acts/industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i/important-cases","documents":"/api/acts/industry-research-and-development-australia-india-critical-minerals-investment-partnership-program-i/documents"}}