{"id":"F2023L01486","name":"Industry Research and Development (Carbon Capture Technologies Program) Instrument 2023","slug":"industry-research-and-development-carbon-capture-technologies-program-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442170,"registerId":"F2023L01486-fast-fetch-1775957244835","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Carbon Capture Technologies Program) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=UNOFFICIAL]\"\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 (Carbon Capture Technologies Program) Instrument 2023\n\nI, the Hon Chris Bowen MP, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated   31 October 2023\n\nChris Bowen\n\nMinister for Climate Change and Energy\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\n7 Eligibility criteria relating to program\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Carbon Capture Technologies 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 2023 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 2023 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 2023 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 Carbon Capture Technologies Program (the program) is prescribed.\n\n (2) The program provides funding to support the research, development and demonstration of carbon dioxide capture and carbon dioxide utilisation technologies.\n\n (3) The purpose of the program is to:\n\n (a) reduce greenhouse gas emissions to contribute to meeting Australia’s greenhouse gas emission reduction obligations; and\n\n (b) accelerate the research, development and demonstration of emerging and priority carbon dioxide capture and carbon dioxide utilisation technologies to:\n\n (i) broaden the application of carbon capture, use and storage technologies to include hard-to-abate sectors (including the cement, chemicals and steel sectors), other non-energy industrial emissions and negative emissions technologies; and\n\n (ii) assist in reducing the costs of such technologies.\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);\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\n(c)    matters in respect of which this Constitution makes provision until the Parliament otherwise provides (within the meaning of paragraph 51(xxxvi) of the Constitution), together with section 96 of the Constitution;\n\n(d)    the government of a Territory (within the meaning of section 122 of the Constitution).\n\n \n\n7  Eligibility criteria relating to program\n\n  For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the program include the requirement that research, development and demonstration in relation to, or for the purposes of:\n\n (a) nature-based carbon sequestration;  \n\n (b) supporting fossil fuel production or fossil fuel energy generation; and\n\n (c) supporting the extraction of coal or natural gas, including via enhanced petroleum recovery or other means;\n\nare not eligible activities for funding under the program.\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument does not amend the primary statute; it prescribes a new, narrowly defined program and sets eligibility exclusions under the Act. It clarifies and limits the scope of funded activities but does not change the statutory powers of the Parliament or the Act itself."},"complexity_factors":["Delegated legislative instrument made under section 33 of the Industry Research and Development Act 1986 (legal form and administrative discretion).","Cross-references to international agreements (UNFCCC, Kyoto Protocol, Paris Agreement) and specification of external affairs power (creates legal basis and potential scope questions).","Specification of multiple constitutional heads of power (corporations, external affairs, federal matters, Territory government) that affects which entities and activities can be regulated or funded.","Clear positive prescription of eligible program activity (engineered CO2 capture and utilisation) combined with explicit exclusions (nature‑based sequestration; activities supporting fossil fuel production, extraction or generation) that alter funding boundaries.","Short instrument with concentrated substantive policy by exclusion rather than detailed operational rules — creates reliance on subsequent program guidelines and administrative decisions (implementation risk and delegated discretion).","Commencement rules (takes effect the day after registration) meaning immediate operational effect for funding rounds and applicants."],"plain_english_summary":"This instrument creates the Carbon Capture Technologies Program under the Industry Research and Development Act 1986, making government funding available for research, development and demonstration of carbon dioxide capture and carbon dioxide utilisation technologies to help meet Australia’s greenhouse gas obligations and reduce technology costs. The Minister (or a delegate) administers the program and decides funding; projects that are nature‑based sequestration or that support fossil fuel extraction or generation are explicitly ineligible, so public R&D dollars are steered toward engineered carbon‑capture solutions."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains a narrow, focused scope consistent with its title and apparent original intent. It prescribes a specific program for carbon capture technologies with clearly defined boundaries and exclusions, without expanding into adjacent policy areas."},"complexity_factors":["Only 7 short sections total","Minimal defined terms (6 definitions, mostly treaty names)","No nested exceptions or conditional logic","Single straightforward purpose with clear exclusions","No cross-references to other legislation beyond the parent Act","Simple structure: name, commencement, authority, definitions, substance, exclusions"],"plain_english_summary":"The bill creates a government-funded Carbon Capture Technologies Program to support R&D and scale-up of technologies that capture and productively use CO₂, targeting hard-to-decarbonise sectors (cement, chemicals, steel) to drive down costs and deployment. \n\nIt affects companies, researchers and heavy industries seeking grants and uses taxpayer funding, while explicitly excluding nature-based sequestration, fossil‑fuel production support, and enhanced oil recovery—advancing Australia’s climate commitments by focusing on technological, not fossil-fuel-extending, solutions."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-carbon-capture-technologies-program-instrument-2023","history":"/api/acts/industry-research-and-development-carbon-capture-technologies-program-instrument-2023/history","analysis":"/api/acts/industry-research-and-development-carbon-capture-technologies-program-instrument-2023/analysis","conflicts":"/api/acts/industry-research-and-development-carbon-capture-technologies-program-instrument-2023/conflicts","importantCases":"/api/acts/industry-research-and-development-carbon-capture-technologies-program-instrument-2023/important-cases","documents":"/api/acts/industry-research-and-development-carbon-capture-technologies-program-instrument-2023/documents"}}