{"id":"F2021L00547","name":"Industry Research and Development (Carbon Capture, Use and Storage Development Program) Instrument 2021","slug":"industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440838,"registerId":"F2021L00547-fast-fetch-1775956324801","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Carbon Capture, Use and Storage Development Program) Instrument 2021","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 (Carbon Capture, Use and Storage Development Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 3 May 2021\n\nAngus Taylor\n\nMinister for Energy and Emissions Reduction\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\n7 Eligibility criteria relating to the program\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Carbon Capture, Use and Storage Development Program) Instrument 2021.\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this instrument is registered. 6 May 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 2021 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 2021 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 2021 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, Use and Storage Development Program (the program) is prescribed.\n\n (2) The program provides funding to support pilot projects and pre‑commercialisation activities for:\n\n (a) the capture of carbon dioxide for subsequent use or storage; and\n\n (b) the use or storage of carbon dioxide.\n\n (3) The purpose of the program is to:\n\n (a) reduce emissions from energy generation, natural gas production and heavy industries (including manufacturing, chemical production, cement production and fertiliser production), to contribute to meeting Australia’s emission reduction obligations; and\n\n (b) accelerate the commercialisation of technologies for the capture, use or storage of carbon dioxide and encourage industry investment in deploying those technologies in Australia; and\n\n (c) encourage the development of prospective hubs related to the capture, use or storage of carbon dioxide in Australia.\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 Kyoto Protocol, particularly Article 10;\n\n (ii) the Paris Agreement, particularly Article 4;\n\n (iii) the United Nations Framework Convention on Climate Change, 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\n7  Eligibility criteria relating to the program\n\n  For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the program include the requirement that an applicant is any of the following:\n\n (a) a constitutional corporation;\n\n (b) a State, or an agency, authority or instrumentality of a State;\n\n (c) a Territory, or an agency, authority or instrumentality of a Territory;\n\n (d) an authority of the Commonwealth.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines the program to pilot and pre‑commercial carbon capture, use or storage activities and limits eligible applicants to corporations and government bodies (see s 5(2)–(3) and s 7). It specifies the constitutional powers relied on (s 6) but does not expand the program beyond the Act’s grant-making framework."},"complexity_factors":["Short, single-purpose instrument that prescribes a specific program rather than detailed administrative rules (see s 5(1)–(3)).","Relies on statutory grant power in s 33 of the Industry Research and Development Act 1986 (see s 3), creating legal linkages to that Act.","Specifies constitutional bases for funding power (corporations, external affairs re: treaties, s 51(xxxvi)/s 96, Territory power) — technical but standard (see s 6).","Narrows eligible applicants to certain public bodies and constitutional corporations, limiting scope of private applicants (see s 7).","Does not set detailed application, assessment, or accountability procedures — administrative discretion and operational requirements remain in the parent Act and agency practice (implicit from the instrument's form)."],"plain_english_summary":"This instrument creates the Carbon Capture, Use and Storage Development Program under the Industry Research and Development Act 1986. It authorises Commonwealth funding for pilot and pre‑commercial projects that capture carbon dioxide, or use or store it, and sets the program’s purposes: reduce emissions, accelerate commercialisation and encourage development of hubs.\n\nEligible applicants are constitutional corporations, States and Territories (and their agencies), and Commonwealth authorities — so government entities and large corporations are the primary potential recipients; the instrument fixes who can apply and the constitutional bases relied upon."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It establishes a specific grant program for carbon capture, use and storage (CCUS) technologies, which aligns precisely with the title and the enabling provision (section 33 of the Industry Research and Development Act 1986). There is no scope creep — the instrument does not expand into unrelated areas or add extraneous provisions beyond what is necessary to establish the program, its constitutional basis, and basic eligibility requirements."},"complexity_factors":["Very short instrument — only 7 sections spanning approximately 2 pages","Minimal defined terms — only 6 definitions in section 4, all straightforward (Act, Kyoto Protocol, Paris Agreement, program, UNFCCC)","No nested exceptions or conditional logic — sections operate as simple declarative statements","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","Simple structure: name, commencement, authority, definitions, program description, constitutional basis, eligibility","Eligibility criteria are a simple disjunctive list (any of the following) with no additional qualifications or thresholds"],"plain_english_summary":"Creates the Carbon Capture, Use and Storage Development Program: a government funding scheme to back pilot and pre‑commercial CO₂ capture, use and storage projects and regional hubs. It targets businesses, Commonwealth and state agencies, and major emitters such as power stations, gas facilities and heavy industries.\n\nThe program aims to accelerate low‑emissions technology, draw private investment and help Australia meet international climate commitments, operating under the Industry Research and Development Act 1986 with cited constitutional spending powers."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021","history":"/api/acts/industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-carbon-capture-use-and-storage-development-program-instrument-2021/documents"}}