{"id":"F2023L01518","name":"Industry Research and Development (Australian Centre for Quantum Growth Program and Critical Technologies Challenge Program) Instrument 2023","slug":"industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442180,"registerId":"F2023L01518-fast-fetch-1775957249116","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Australian Centre for Quantum Growth Program and Critical Technologies Challenge Program) Instrument 2023","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 \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Australian Centre for Quantum Growth Program and Critical Technologies Challenge Program) Instrument 2023\n\n \n\n \n\nI, Ed Husic, Minister for Industry and Science, make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\nDated: 15 November 2023\n\nEd Husic\n\nMinister for Industry and Science\n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Prescribed programs\n\n6  Specified legislative power\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Australian Centre for Quantum Growth Program and Critical Technologies Challenge Program) Instrument 2023.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nACQG program: see subsection 5(1).\n\ncommunications service means a service referred to in paragraph 51(v) of the Constitution.\n\nconstitutional trade or commerce means trade or commerce:\n\n (a) between Australia and a place outside Australia; or\n\n (b) among the States; or\n\n (c) between a State and a Territory; or\n\n (d) between 2 Territories; or\n\n (e) within a Territory.\n\nConvention on the Elimination of all forms of Discrimination Against Women means the Convention of that name done at New York on 18 December 1979, as in force for Australia from time to time.\n\nNote: The Convention is in Australian Treaty Series 1983 No. 9 ([1983] ATS 9) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.eud.au).\n\nCTC program: see subsection 5(1).\n\n5  Prescribed programs\n\n (1) For the purposes of subsection 33(1) of the Act, the following programs are prescribed:\n\n (a) the Australian Centre for Quantum Growth program (the ACQG program);\n\n (b) the Critical Technologies Challenge program (the CTC program).\n\n (2) The CTC program provides funding for grants to undertake research and development into the use of either or both quantum technology and other advanced technologies to solve problems of national significance.  \n\n (3) The ACQG program provides funding for a grant to operate the Australian Centre for Quantum Growth, which is to have the following objectives; and engage in activities consistent with those objectives:\n\n (a) to contribute to the growth of the Australian quantum industry by fostering and encouraging constitutional trade or commerce in quantum technology;\n\n (b) to facilitate, and improve coordination of, research and development in the field of quantum technology with a focus on industry-led solutions;\n\n (c) to increase awareness of, and educate industry and other current or potential users about, the benefits of quantum technology and its applications;\n\n (d) to promote the ethical and secure adoption and development of quantum technology by:\n\n (i) addressing any potential risks posed by quantum technology to the security of communications services;\n\n (ii) collecting and disseminating information about quantum technology;\n\n (iii) promoting the development and adoption of consistent national ethical or security standards relating to quantum technology;\n\n (iv) addressing any other ethical or security issues arising from quantum technology that are likely to have significant national or international implications;\n\n (e) to collaborate and build relationships with international participants in the quantum industry;\n\n (f) to facilitate the equal participation of women and First Nations Peoples in the quantum industry.\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) trade and commerce with other countries, and amongst the States (within the meaning of paragraph 51(i) of the Constitution);\n\n (b) postal, telegraphic, telephonic and other like services (within the meaning of paragraph 51(v) of the Constitution);\n\n (c) the people of any race for whom it is deemed necessary to make special laws (within the meaning of paragraph 51(xxvi) of the Constitution);\n\n (d) external affairs (within the meaning of paragraph 51(xxix) of the Constitution), including as it relates to measures that would assist Australia to meet its obligation under Convention on the Elimination of all forms of Discrimination Against Women, particularly Articles 2, 3 and 11;\n\n (e) enterprises and activities 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\n (f) 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":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend the Act’s objects or powers; it prescribes two grant programs and their objectives under the authority of s33 of the Industry Research and Development Act 1986 (s3, s5). It also specifies the constitutional heads of power relied on to support the grants (s6). The instrument therefore sets program scope within the Act’s existing grant-making framework rather than changing the Act itself."},"complexity_factors":["Legal basis and delegation: instrument is made under s33 of the Act and prescribes grant programs rather than amending the Act (s3, s5) — requires reading against the Act to see administrative rules.","Multiple program objectives: ACQG combines industry growth, R&D coordination, education, ethics/security, international collaboration and participation targets, increasing implementation complexity (s5(3)(a)–(f)).","Security and communications implications: explicit duty to address risks to communications services raises technical and regulatory compliance demands for grantees (s5(3)(d)(i); definitions).","Constitutional touchpoints: instrument specifies several constitutional heads of power as legal bases (trade and commerce; communications services; race; external affairs; Nation’s enterprises; Territories), which can complicate legal framing and interstate/overseas activity (s6).","Cross-references to external law/treaty: references the Convention on the Elimination of All Forms of Discrimination Against Women require alignment with international obligations where invoked (definitions, s6(d)).","Stakeholder compliance burden: applicants and operators must satisfy varied objectives (ethical/security standards, equality measures), increasing evidence and reporting expectations under grants (s5(2)–(3))."],"plain_english_summary":"This instrument, made under s33 of the Industry Research and Development Act 1986, prescribes two Commonwealth grant programs: the Critical Technologies Challenge (CTC) and the Australian Centre for Quantum Growth (ACQG) (s5). It sets ACQG objectives to grow industry-led quantum R&D, promote ethical and secure adoption (including communications security), encourage international collaboration and increase participation by women and First Nations Peoples (s5(3)(a),(d)(i),(e),(f)). The Commonwealth will provide funding by grants under the Act; grant administration follows the Act's grant-making framework (s3,s5)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward prescription instrument that does exactly what its title suggests: it establishes two specific grant programs. There is no scope creep; the instrument is tightly focused on its stated purpose of creating the ACQG and CTC programs under the Industry Research and Development Act 1986."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 6 defined terms in section 4, most being straightforward (e.g., 'Act', 'ACQG program')","Simple structure: name, commencement, authority, definitions, prescribed programs, constitutional powers","No cross-references beyond basic references to the parent Act (Industry Research and Development Act 1986) and Constitution","No conditional logic, exceptions, or nested provisions","Minimal operational detail — substantive grant rules presumably contained in separate guidelines or agreements"],"plain_english_summary":"This instrument creates two government funding programs to grow Australia’s quantum and advanced‑technology sector: a single national centre to spur industry development, trade, research‑to‑industry translation, education, ethical/security practices, and inclusive participation; and a grants program (Critical Technologies Challenge) funding R&D using quantum and other advanced technologies for national‑significant problems. It affects businesses, researchers, the centre operator, and supports participation by women and First Nations Peoples, addressing economic and security risks like encryption threats."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo","history":"/api/acts/industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo/history","analysis":"/api/acts/industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo/analysis","conflicts":"/api/acts/industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo/conflicts","importantCases":"/api/acts/industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo/important-cases","documents":"/api/acts/industry-research-and-development-australian-centre-for-quantum-growth-program-and-critical-technolo/documents"}}