{"id":"F2023L00094","name":"Industry Research and Development (Community Batteries for Household Solar Program) Instrument 2023","slug":"industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441706,"registerId":"F2023L00094-fast-fetch-1775956948940","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Community Batteries for Household Solar Program) Instrument 2023","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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Community Batteries for Household Solar Program) Instrument 2023\n\nI, Chris Bowen, Minister for Climate Change and Energy, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated   17 January 2023\n\nChris Bowen\n\nMinister for Climate Change and Energy\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 (Community Batteries for Household Solar 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\ncommunity battery means a battery energy storage system (consisting of one or more batteries) situated in front of the meter on a distribution network with a minimum storage capacity of 100 kWh and maximum storage capacity of 5 MWh.\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 Community Batteries for Household Solar Program (the program) is prescribed.\n\n (2) The program provides funding, in the form of grants, to support the installation of community batteries.\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, as it relates to measures that would assist Australia to meet its obligations under one or more of the following:\n\n(a)    the Kyoto Protocol, particularly Article 10;\n\n(b)    the Paris Agreement, particularly Article 4;\n\n(c)    the United Nations Framework Convention on Climate Change, particularly Article 4.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself neither expands nor narrows the Act; it simply prescribes the Community Batteries for Household Solar Program, defines 'community battery', authorises grants for installations and specifies the external affairs head of power. It does not amend the underlying Act or alter the program’s stated purpose."},"complexity_factors":["Relies on and invokes powers under the Industry Research and Development Act 1986 (made under s3 referencing s33 of the Act).","Defines a technical subject-matter with precise capacity thresholds for 'community battery' (100 kWh–5 MWh) (see s4).","Prescribes a grant-funded program without setting eligibility rules, funding amounts or administration details — implementation depends on separate instruments or departmental rules (see s5).","Specifies external affairs head of power referencing three treaties (Kyoto Protocol, Paris Agreement, UNFCCC), which ties legal basis to international obligations (see s6).","Short, high-level instrument that cross-refers to other legal and administrative frameworks, increasing interpretive reliance on external texts and departmental practice."],"plain_english_summary":"This instrument establishes the \"Community Batteries for Household Solar Program\" under the Industry Research and Development Act 1986, authorising Commonwealth grants to support installation of community batteries — battery systems sited in front of the meter on distribution networks with 100 kWh to 5 MWh capacity. It also specifies the external affairs legislative basis by linking the program to Australia’s obligations under the Kyoto Protocol, the Paris Agreement and the UNFCCC. Affected parties include grant applicants, distribution network operators and the Commonwealth as funder."},"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 legislation remains tightly focused on its original purpose: establishing a specific grant program for community batteries. There is no evidence of scope creep; the instrument does exactly what its title suggests and no more."},"complexity_factors":["Only 6 short sections with minimal conditional logic","7 defined terms, all straightforward (e.g., 'community battery' has clear technical specifications)","No cross-references to other legislation beyond the parent Act and three international treaties","Single operational purpose: prescribing a grant program","No exceptions, exemptions, or nested conditions","Standard legislative template structure (name, commencement, authority, definitions, substantive provisions)"],"plain_english_summary":"The Community Batteries for Household Solar Program funds installation of shared, grid‑connected batteries (100 kWh–5 MWh) via grants to organisations, letting households with solar store excess energy without buying home batteries. Funded under the Industry Research and Development Act and supported by Australia’s international climate commitments, it aims to lower consumer costs, improve local grid stability, and help meet Paris/Kyoto/UNFCCC obligations."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023","history":"/api/acts/industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023/history","analysis":"/api/acts/industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023/analysis","conflicts":"/api/acts/industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023/conflicts","importantCases":"/api/acts/industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023/important-cases","documents":"/api/acts/industry-research-and-development-community-batteries-for-household-solar-program-instrument-2023/documents"}}