{"id":"F2022L01414","name":"Industry Research and Development (Critical Minerals Development Program) Instrument 2022","slug":"industry-research-and-development-critical-minerals-development-program-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441584,"registerId":"F2022L01414-fast-fetch-1775956847225","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Critical Minerals Development Program) Instrument 2022","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 (Critical Minerals Development Program) Instrument 2022\n\nI, Madeleine King, Minister for Resources and Minister for Northern Australia, make the following instrument.\n\nDated: 27 October 2022\n\nMadeleine King\n\nMinister for Resources and Minister for Northern Australia\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 (Critical Minerals Development 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Critical Minerals Development Program (the program) is prescribed.\n\n (2) The program provides funding, in the form of grants, to:\n\n (a) assist early to mid-stage critical minerals projects of strategic significance to overcome technical and market barriers; and\n\n                       (b)  support those projects through various points in the development process until the projects are sufficiently advanced to seek financing; and\n\n                       (c)  support project activities that may occur between completion of exploration and the final investment decision, including studies and design work, as well as contributions towards the capital costs of pilots and demonstration projects.\n\n (3) The purpose of the program is to build alternative, competitive and reliable end‑to‑end critical minerals supply chains with Australia’s allies and partners.\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 foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution) are specified.\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 applicants for grants must be trading or financial corporations to which paragraph 51(xx) of the Constitution applies.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument adds a new prescribed program to the Industry Research and Development Act 1986 framework by defining the Critical Minerals Development Program, its grant-based funding scope and eligible activities (s5), specifying the constitutional power relied on (s6), and limiting applicant eligibility to trading or financial corporations (s7). It therefore expands the Act’s operational coverage to include this specific program and corresponding eligibility rules."},"complexity_factors":["Statutory hook: made under section 33 of the Industry Research and Development Act 1986 (see s3) — straightforward delegation of power to prescribe a program.","Program mechanics: prescribes grant funding types and project stages (s5(2)) and states program purpose (s5(3)) — operational detail is descriptive rather than prescriptive.","Constitutional basis specified: invokes paragraph 51(xx) corporate power to cover foreign and trading/financial corporations (s6) — raises ordinary constitutional interpretation issues but is standard for Commonwealth grant programs.","Eligibility constraint: requires applicants to be trading or financial corporations to which paragraph 51(xx) applies (s7) — creates a discrete compliance filter that may necessitate corporate structuring for some applicants.","Commencement and formality: simple commencement provision (s2) and defined terms limited to Act and program (s4) — low procedural complexity."],"plain_english_summary":"This instrument prescribes a new “Critical Minerals Development Program” under the Industry Research and Development Act 1986, establishing grant funding for early‑to‑mid stage critical‑minerals projects and specifying eligible activities and commencement. It requires applicants to be trading or financial corporations covered by paragraph 51(xx) of the Constitution. The instrument states the program’s purpose is to build alternative, competitive and reliable end‑to‑end critical minerals supply chains with Australia’s allies and partners."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of establishing the Critical Minerals Development Program. It does not expand beyond prescribing the program, its purpose, and basic eligibility criteria under the parent Act."},"complexity_factors":["Very short instrument: only 7 sections spanning approximately 2 pages","Minimal defined terms: only 2 definitions ('Act' and 'program')","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","No conditional logic, exceptions, or nested provisions","Simple structure: name, commencement, authority, definitions, program description, constitutional basis, and eligibility","Straightforward eligibility criterion: single requirement that applicants must be trading or financial corporations"],"plain_english_summary":"The instrument creates the Critical Minerals Development Program, a federal grants scheme that funds trading or financial corporations developing critical minerals (e.g., lithium, rare earths) past exploration but before final investment decisions. Grants support feasibility, design and some capital for pilot and demonstration projects to overcome technical and market barriers. It aims to build resilient supply chains with allied countries, bolster Australia’s role as a supplier for batteries, defence and advanced technologies, and reduce reliance on single-source suppliers."},"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-critical-minerals-development-program-instrument-2022","history":"/api/acts/industry-research-and-development-critical-minerals-development-program-instrument-2022/history","analysis":"/api/acts/industry-research-and-development-critical-minerals-development-program-instrument-2022/analysis","conflicts":"/api/acts/industry-research-and-development-critical-minerals-development-program-instrument-2022/conflicts","importantCases":"/api/acts/industry-research-and-development-critical-minerals-development-program-instrument-2022/important-cases","documents":"/api/acts/industry-research-and-development-critical-minerals-development-program-instrument-2022/documents"}}