{"id":"F2022L00044","name":"Industry Research and Development (Consumer Data Right—AEMO Concessional Loan Program) Instrument 2022","slug":"industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441176,"registerId":"F2022L00044-fast-fetch-1775956540233","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Consumer Data Right—AEMO Concessional Loan Program) Instrument 2022","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 of Australia Crest](image.001.jpeg)\n\n \n\nIndustry Research and Development (Consumer Data Right—AEMO Concessional Loan Program) Instrument 2022\n\nI, Jane Hume, Minister for Superannuation, Financial Services and the Digital Economy, and Minister for Women’s Economic Security, as delegate of the Minister for Industry, Energy and Emissions Reduction, make the following instrument.\n\nDated 17 January 2022\n\n \n\nJane Hume\n\nMinister for Superannuation, Financial Services and the Digital Economy  Minister for Women’s Economic Security\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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Consumer Data Right—AEMO Concessional Loan Program) Instrument 2022.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nAEMO means the Australian Energy Market Operator Limited (ABN 94 072 010 327).\n\nCDR provisions has the meaning given by section 56AN of the Competition and Consumer Act 2010.\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) Under subsection 33(1) of the Act, the Consumer Data Right—AEMO Concessional Loan Program (the program) is prescribed.\n\n (2) The program provides funding, by way of a loan provided on concessional terms, to support certain functions and powers of AEMO.\n\n (3) The purpose of the program is to facilitate an upgrade of AEMO’s information technology systems so that AEMO can make its data available in a form that can be shared with consumers, by way of the internet, in accordance with the CDR provisions.\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) postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution).\n","sortOrder":0}],"analysis":{"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument itself prescribes the concessional loan program and its purpose (s5) and sets commencement (entire instrument commences the day after registration). It contains no language altering or narrowing its own scope after enactment and includes no amendments to other instruments; therefore no change from the instrument’s original scope is indicated."},"complexity_factors":["Narrow, single-purpose instrument prescribing one funding program (low breadth).","Cross-references to other statutes: Industry Research and Development Act 1986 (s33) and the CDR provisions as defined via Competition and Consumer Act 2010 (s56AN) — requires readers to consult those Acts for full effect.","Defined terms are minimal (Act, AEMO, CDR provisions) — simplifies interpretation.","Made by ministerial delegation (instrumental/administrative step) rather than primary legislation — procedural formality to consider.","Specifies constitutional heads of power (s6) — legal framing that is routine but technically relevant.","No operational detail on loan terms, eligibility, administration or oversight in the instrument — creates implementation and interpretive reliance on other instruments or administrative arrangements."],"plain_english_summary":"This instrument prescribes the \"Consumer Data Right—AEMO Concessional Loan Program\", authorising concessional loans to the Australian Energy Market Operator (AEMO) to fund IT upgrades so AEMO can share data with consumers under the Consumer Data Right (CDR) (s5(1)–(3)). It is made by the Minister under s33 of the Industry Research and Development Act 1986, identifies the Commonwealth funding role and the targeted upgrade purpose, and specifies the constitutional heads of power relied on (s6)."},"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 purpose. It prescribes exactly one program (the AEMO Concessional Loan Program) for a specific IT upgrade purpose without expansion into broader policy areas."},"complexity_factors":["Only 6 short sections total","Minimal defined terms (only 4 definitions in section 4)","No cross-references to other legislation beyond basic authority citations","Simple linear structure with no exceptions, conditions, or nested logic","Single purpose instrument prescribing one specific program"],"plain_english_summary":"This legislation creates a special loan program to help the Australian Energy Market Operator (AEMO) upgrade its computer systems. AEMO runs Australia's electricity and gas markets. The upgrade is needed so AEMO can share energy data with consumers through the Consumer Data Right (CDR) system — a scheme that lets people access and share their personal data from businesses (like bank transaction data or, in this case, energy usage data). The government will lend money to AEMO on favourable terms (concessional loan means better-than-market interest rates or repayment conditions) specifically to make this IT upgrade happen. The law relies on two constitutional powers: regulating corporations, and managing communications services."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022","history":"/api/acts/industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022/history","analysis":"/api/acts/industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022/analysis","conflicts":"/api/acts/industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022/conflicts","importantCases":"/api/acts/industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022/important-cases","documents":"/api/acts/industry-research-and-development-consumer-data-right-aemo-concessional-loan-program-instrument-2022/documents"}}