{"id":"F2021L00204","name":"Industry Research and Development (Electric Vehicle Manufacturing Program) Instrument 2021","slug":"industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440775,"registerId":"F2021L00204-fast-fetch-1775956290290","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Electric Vehicle Manufacturing Program) Instrument 2021","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 Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Electric Vehicle Manufacturing Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 2 March 2021\n\nAngus Taylor\n\nMinister for Energy and Emissions Reduction\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\n1  Name\n\n  This instrument is the Industry Research and Development (Electric Vehicle Manufacturing Program) Instrument 2021.\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this instrument is registered. 5 March 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 2021 be viewed in the Australian Treaties Library on the AustLII website (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 2021 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 2021 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Electric Vehicle Manufacturing Program (the program) is prescribed.\n\n (2) The program provides financial support for:\n\n (a) the manufacture and assembly of electric vehicles; and\n\n (b) trials of electric vehicle technologies relating to either or both of the following:\n\n (i) the use of renewable energy to charge electric vehicles;\n\n (ii) the support of the electricity grid.\n\n (3) The purposes of the program are:\n\n (a) to increase the manufacture, sale and use of electric vehicles in Australia and overseas; and\n\n (b) to investigate mechanisms by means of which electric vehicles can support the electricity grid and use renewable energy.\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)  trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);\n\n (b) external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures that would assist Australia to meet its obligations under one or more of the following:\n\n (i) the Kyoto Protocol, particularly Article 10;\n\n (ii) the Paris Agreement, particularly Article 4;\n\n (iii) the United Nations Framework Convention on Climate Change, particularly Article 4.\n","sortOrder":0}],"analysis":{"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":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a new program and sets its purposes and scope under s33 of the Act (sections 4–6). It does not amend or narrow other legislation and contains no language indicating a change from an earlier instrument or a departure from its stated purposes."},"complexity_factors":["Concise, single-purpose instrument prescribing a named program (section 5) — lowers complexity.","Relies on and references the Industry Research and Development Act 1986 (section 3 referencing s33) so legal effect depends on that Act’s provisions.","Uses broad terms like “financial support” and “trials” without operational detail, creating administrative discretion and potential ambiguity about eligibility, amounts and processes (section 5(2)).","Specifies constitutional powers and links to international agreements (section 6), which introduces legal footing and potential external‑affairs considerations.","Limited definitions and absence of implementation rules (no funding mechanism, timing or application process in instrument) increases dependence on subordinate instruments or agency practice (definition and commencement sections)."],"plain_english_summary":"Prescribes the \"Electric Vehicle Manufacturing Program\" under the Industry Research and Development Act 1986, enabling financial support for manufacturing and assembly of electric vehicles and for trials of EV technologies that use renewable energy for charging or support the electricity grid. The instrument’s stated purposes are to increase manufacture, sale and use of electric vehicles in Australia and overseas and to investigate how EVs can support the electricity grid and use renewable energy (sections 5(1)–(3)). Affects vehicle manufacturers, assemblers, trial participants and Commonwealth grant programs."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It simply establishes the Electric Vehicle Manufacturing Program with the specific dual focus on EV manufacturing and grid-support trials. There is no evidence of scope creep—the content matches the title and the enabling provision (section 33 of the IR&D Act) precisely."},"complexity_factors":["Only 6 short sections total","Minimal defined terms (6 definitions, mostly treaty names)","No cross-references to other legislation beyond the parent Act and Constitution","Simple structure: name, commencement, authority, definitions, substantive provisions (2), legislative power specification","No conditional logic, exceptions, or nested provisions","Straightforward purposive provisions without operational detail (funding criteria, application processes, etc. are presumably in separate guidelines or determinations)"],"plain_english_summary":"This instrument establishes the Electric Vehicle Manufacturing Program, authorising government grants to support Australian businesses to manufacture electric vehicles and trial clean-energy EV technologies (renewable charging and vehicle‑to‑grid).  \n\nIt ties the scheme to the Industry Research and Development Act and Australia’s international climate commitments, creating the legal basis for federal financial support to grow the EV industry and grid‑integration innovations."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021","history":"/api/acts/industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-electric-vehicle-manufacturing-program-instrument-2021/documents"}}