{"id":"F2022L01479","name":"Industry Research and Development (Diesel Exhaust Fluid Emergency Stockpile Program) Instrument 2022","slug":"industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441600,"registerId":"F2022L01479-fast-fetch-1775956866378","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Diesel Exhaust Fluid Emergency Stockpile 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 \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Diesel Exhaust Fluid Emergency Stockpile Program) Instrument 2022\n\n \n\n \n\n \n\nI, the Hon Chris Bowen MP, as delegate of the Minister for Industry and Science, make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\nDated  10 November 2022\n\n \n\n \n\n \n\nChris Bowen\n\nMinister for Climate Change and Energy\n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Prescribed program\n\n6  Other constitutional bases of this instrument\n\n7  Specified legislative power\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Diesel Exhaust Fluid Emergency Stockpile 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nDEF means Diesel Exhaust Fluid.\n\nprogram: see subsection 5(1).\n\nTGU means technical grade urea.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Diesel Exhaust Fluid Emergency Stockpile Program (the program) is prescribed.\n\n (2) The program provides funding for the Commonwealth to procure and manage an emergency stockpile of TGU, including funds associated with selling the emergency stockpile of TGU (or parts of it).\n\n (3) The purpose of the program is to prepare for, and allow the Commonwealth to respond to, an anticipated disruption in the supply of DEF, in order to reduce the likelihood and severity of harmful economic and social impacts resulting from any such disruption (noting that DEF is necessary for the operation of key transport and logistics services across Australia).\n\n6  Other constitutional bases of this instrument\n\n (1) In addition to its effect apart from this section, this instrument also has the effect as provided by this section.\n\nTrade and commerce\n\n (2) This instrument also has the effect it would have if references to procuring, managing and selling were expressly confined to procuring, managing and selling in order to protect or facilitate:\n\n (a) trade or commerce between Australia and places outside Australia; or\n\n (b) trade or commerce among the States; or\n\n (c) trade or commerce within a Territory, between a State and a Territory or between 2 Territories.\n\nTerritories\n\n (3) This instrument also has the effect it would have if references to procuring, managing and selling were expressly confined to procuring, managing and selling within the limits of a Territory.\n\n7  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) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);\n\n (b) enterprises and activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation (see paragraph 51(xxxix) and section 61 of the Constitution);\n\n (c) the government of a Territory (within the meaning of section 122 of the Constitution).\n\n \n\n \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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: establishing a specific emergency stockpiling program for diesel exhaust fluid supply security. There is no evidence of scope creep; the program description in section 5(2)-(3) aligns precisely with the instrument's title and the single policy objective stated."},"complexity_factors":["Only 7 sections total, with minimal conditional logic","Just 4 defined terms in section 4 (Act, DEF, program, TGU)","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","Straightforward purpose clause in section 5(3) with clear policy rationale","Section 6 contains standard constitutional 'savings' provisions common in Commonwealth instruments, but these are formulaic and don't create operational complexity","No exceptions, nested or otherwise; no administrative decision-making procedures"],"plain_english_summary":"This bill creates a federal Diesel Exhaust Fluid Emergency Stockpile Program to buy, hold and, if needed, sell technical grade urea (the input for DEF) to prevent national supply disruptions. It aims to protect diesel-dependent transport, logistics, hospitals and construction by ensuring continuity of legally required emissions control.\n\nThe measure relies on trade, territory and nationhood powers to shore up its constitutional footing."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a specific emergency stockpile program and specifies its purpose and constitutional bases without altering the parent Act or expanding statutory powers beyond authorisation to fund, procure, manage and sell TGU (s5; s3; ss6–7). It narrows, rather than widens, scope to a defined program and delegates operational detail to executive agencies."},"complexity_factors":["Narrow, single-purpose instrument prescribing one program (s5) — limits substantive complexity.","Relies on an existing statutory power (Industry Research and Development Act 1986 s33) rather than creating new legal regimes (s3).","Operational complexity in procurement, storage and sale logistics of TGU (implied by s5(2)), which requires administrative and supply-chain arrangements.","Delegated decision-making: instrument made by Minister’s delegate and leaves implementation details to executive agencies, creating discretion (instrument header; s3).","Constitutional framing clauses clarify alternative powers (trade and commerce, Territories, Commonwealth enterprises) which add legal interpretive points but not detailed procedure (ss6–7).","No detailed compliance, reporting or procurement rules in the instrument — implementation complexity deferred to agencies.","Potential market-interaction questions (crowding out, resale pricing) are left unspecified, creating economic uncertainty for private suppliers."],"plain_english_summary":"This instrument officially creates the \"Diesel Exhaust Fluid Emergency Stockpile Program\" under the Industry Research and Development Act 1986, authorising Commonwealth funding to procure, manage and sell a stockpile of technical grade urea (TGU) used in DEF (s5(1)–(2); s3).  \n\nIts stated purpose is to prepare for DEF supply disruptions and to reduce resulting economic and social impacts (s5(3)). The Commonwealth (taxpayers) funds the program; the Minister or delegate decides implementation, producing government procurement, storage and sales activity that brings administrative costs, executive discretion and effects on private DEF markets (s3, s5)."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022","history":"/api/acts/industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022/history","analysis":"/api/acts/industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022/analysis","conflicts":"/api/acts/industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022/conflicts","importantCases":"/api/acts/industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022/important-cases","documents":"/api/acts/industry-research-and-development-diesel-exhaust-fluid-emergency-stockpile-program-instrument-2022/documents"}}