{"id":"F2025L01123","name":"Industry Research and Development (Boyer Paper Mill Program) Instrument 2025","slug":"industry-research-and-development-boyer-paper-mill-program-instrument-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442973,"registerId":"F2025L01123-fast-fetch-1775957894306","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Boyer Paper Mill Program) Instrument 2025","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 (Boyer Paper Mill Program) Instrument 2025\n\n \n\n \n\nI, Tim Ayres, Minister for Industry and Innovation, make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\nDated  15 September  2025\n\nTim Ayres\n\nMinister for Industry and Innovation\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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Boyer Paper Mill Program) Instrument 2025.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nKyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.\n\nNote:  The Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2025 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au)\n\nParis Agreement means the Paris Agreement, done at Paris on 12 December 2015, as in force for Australia from time to time.\n\nNote:  The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2025 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nprogram: see subsection 5(1).\n\nUnited Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as in force for Australia from time to time.\n\nNote:  The Convention is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2025 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Boyer Paper Mill Program (the program) is prescribed.\n\n (2) The program provides a closed non-competitive grant to Boyer Paper Mill Limited (ABN 84 009 477 132), the owner of the Boyer Paper Mill in Tasmania.\n\n (3) The purpose of the program is to enable the Boyer Paper Mill to transition away from coal-fired processes, diversify its product range and assure local supply chains and jobs, by retaining sovereign manufacturing capacity in paper manufacturing.\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) foreign corporations and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution); and\n\n (b) external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures that would assist Australia to meet its obligations under one or more of the following:\n\n (i) the United Nations Framework Convention on Climate Change, particularly Article 4;\n\n (ii) the Kyoto Protocol, particularly Article 10;\n\n (iii) the Paris Agreement, particularly Article 4.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument sets a specific, narrow program and identifies the constitutional and treaty-linked legislative powers relied on. It does not expand or amend the Act or broaden scope beyond prescribing a single closed grant and stating its purpose; no text indicates a change from the instrument’s original narrow scope."},"complexity_factors":["Single, narrowly-targeted instrument prescribing one closed grant to a named company (s.5(2)) reduces procedural complexity.","Relies on a single statutory power (s.33 of the Act) and a simple commencement clause (cl.2).","Specifies constitutional bases (corporations and external affairs under s.51(xx) and s.51(xxix)) and links to international treaties (UNFCCC, Kyoto, Paris) which introduces some legal-constitutional considerations (cl.6, definitions).","Minimal operational detail on grant conditions, funding amounts, eligibility criteria, administration, reporting or review — increases implementation discretion for the administering agency (silence in s.5 and elsewhere).","Closed, non-competitive nature concentrates beneficiary and reduces competitive-process complexity but raises targeted-benefit and accountability issues (s.5(2)).","Defined terms are limited and straightforward; no complex regulatory regime, compliance regime or enforcement provisions are included."],"plain_english_summary":"This instrument prescribes the Boyer Paper Mill Program: a closed, non‑competitive Commonwealth grant to Boyer Paper Mill Limited to help the mill transition away from coal, diversify products and retain local supply chains and jobs (see s.5).\n\nIt is made under section 33 of the Industry Research and Development Act 1986 and specifies the Parliament’s legislative powers over corporations and external affairs tied to the UNFCCC, Kyoto Protocol and Paris Agreement as the legal basis for the measure (see ss.3,6)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains a narrow, targeted scope consistent with its title and apparent original intent. It prescribes exactly one program for exactly one recipient for exactly one purpose (coal transition at Boyer Paper Mill). There is no evidence of scope creep or expansion beyond the specific industrial support measure described."},"complexity_factors":["Extremely short: only 6 operative sections across 2 pages","Minimal defined terms: only 6 definitions in section 4, all straightforward (Act, program, and three climate treaties)","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","No conditional logic, exceptions, or nested provisions","Single purpose instrument with linear structure (name, commencement, authority, definitions, substance, constitutional basis)","No subordinate legislation or delegated powers created"],"plain_english_summary":"This instrument creates a closed, non‑competitive grant—the Boyer Paper Mill Program—directing government funds solely to Boyer Paper Mill Limited to help it stop using coal, diversify production, preserve jobs and local supply chains, and maintain domestic paper manufacturing capacity.  \n\nFramed as supporting Australia’s Paris/Kyoto obligations, it functions as a targeted bailout/transition package affecting the mill, its workforce and local communities, while excluding other industry competitors from the 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-boyer-paper-mill-program-instrument-2025","history":"/api/acts/industry-research-and-development-boyer-paper-mill-program-instrument-2025/history","analysis":"/api/acts/industry-research-and-development-boyer-paper-mill-program-instrument-2025/analysis","conflicts":"/api/acts/industry-research-and-development-boyer-paper-mill-program-instrument-2025/conflicts","importantCases":"/api/acts/industry-research-and-development-boyer-paper-mill-program-instrument-2025/important-cases","documents":"/api/acts/industry-research-and-development-boyer-paper-mill-program-instrument-2025/documents"}}