{"id":"F2024L00353","name":"Industry Research and Development (Defence Industry Export Program) Instrument 2024","slug":"industry-research-and-development-defence-industry-export-program-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442338,"registerId":"F2024L00353-fast-fetch-1775957366672","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Defence Industry Export Program) Instrument 2024","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 \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)   \n\n \n\nIndustry Research and Development (Defence Industry Export Program) Instrument 2024\n\n \n\nI, Patrick Martin Conroy, as delegate of the Minister for Industry and Science, make the following instrument.\n\n \n\n \n\n \n\n \n\nDated  18 March 2024\n\nPatrick Martin Conroy\n\nMinister for Defence Industry\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 (Defence Industry Export Program) Instrument 2024.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Defence Industry Export Program (the program) is prescribed.\n\n (2) The program provides funding to Australian manufacturers of defence capabilities for the manufacture of those capabilities for supply to foreign governments.\n\n (3) The purpose of the program is to facilitate export opportunities for Australia’s defence industry, while ensuring that Australia’s defence capability needs are met.\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 trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution) is specified.\n\n \n\n \n","sortOrder":0}],"analysis":{"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 Defence Industry Export Program. It does not expand beyond prescribing the program, defining its purpose, and specifying its constitutional basis."},"complexity_factors":["Only 6 short sections total","Just 2 defined terms ('Act' and 'program')","No cross-references to other legislation beyond the parent Act","No conditional logic, exceptions, or nested provisions","Straightforward declarative structure: name, commence, define, prescribe, specify"],"plain_english_summary":"This is a short legal instrument that formally establishes a government funding program called the **Defence Industry Export Program**.\n\n**What it does:**\n- **Prescribes** (officially recognises) the Defence Industry Export Program under the Industry Research and Development Act 1986\n- **Provides funding** to Australian defence manufacturers who make equipment for foreign governments\n- **Aims to boost exports** for Australia's defence industry while making sure Australia's own defence needs aren't neglected\n\n**Who it affects:**\n- Australian defence manufacturers seeking government grants to export their products\n- Foreign governments buying Australian-made defence equipment\n- The Department of Industry and Science (which administers the program)\n\n**Why it matters:**\nThis instrument creates the legal foundation for taxpayer money to flow to defence companies for export activities. It ensures the program operates within constitutional limits by specifying the Commonwealth's trade and commerce powers as the legal basis for the spending."},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the statutory power; it prescribes a named program under the existing Act and records its purpose and constitutional basis. It adds no new eligibility, funding, or administrative rules and therefore does not change the Act’s substantive scope as expressed in this instrument."},"complexity_factors":["Short, single-purpose instrument that simply prescribes a program under s33 of the Industry Research and Development Act 1986 (clauses 3 and 5).","Minimal substantive detail: no eligibility criteria, funding amounts, or administrative procedures are set out (clause 5(2)).","Specifies constitutional basis for the measure (trade and commerce power, paragraph 51(i)) which is a standard legal reference (clause 6).","Administrative provenance is explicit: instrument made by a Ministerial delegate, but operational discretion and decision processes are not described (instrument header and clause 3).","Low statutory interaction complexity in the text itself, though practical effect depends on exercise of powers and delegated instruments under the Act."],"plain_english_summary":"This instrument prescribes the Defence Industry Export Program under section 33 of the Industry Research and Development Act 1986, formally enabling funding to Australian manufacturers to produce defence capabilities for supply to foreign governments. It records the program’s stated purpose: to facilitate defence exports while ensuring Australia’s defence capability needs are met, and invokes the Parliament’s trade-and-commerce power (s51(i)). The instrument affects Australian defence manufacturers and government funding decision‑makers and creates incentives to pursue export‑oriented production."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-defence-industry-export-program-instrument-2024","history":"/api/acts/industry-research-and-development-defence-industry-export-program-instrument-2024/history","analysis":"/api/acts/industry-research-and-development-defence-industry-export-program-instrument-2024/analysis","conflicts":"/api/acts/industry-research-and-development-defence-industry-export-program-instrument-2024/conflicts","importantCases":"/api/acts/industry-research-and-development-defence-industry-export-program-instrument-2024/important-cases","documents":"/api/acts/industry-research-and-development-defence-industry-export-program-instrument-2024/documents"}}