{"id":"F2020L01081","name":"Industry Research and Development (Forestry Recovery Development Fund Program) Instrument 2020","slug":"industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440584,"registerId":"F2020L01081-fast-fetch-1775956158034","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Forestry Recovery Development Fund Program) Instrument 2020","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 (Forestry Recovery Development Fund Program) Instrument 2020\n\nI, Jonathon Duniam, as delegate of the Minister for Industry, Science and Technology, make the following instrument.\n\nDated 27 August 2020\n\nJonathon Duniam\n\nAssistant Minister for Forestry and Fisheries  Parliamentary Secretary to the Minister for Agriculture, Drought and Emergency Management\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 (Forestry Recovery Development Fund Program) Instrument 2020.\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instrument is registered. 29 August 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\naffected wood processing facility means a wood processing facility that:\n\n (a) has been adversely affected by the 2019‑2020 bushfires; and\n\n (b) is not owned by a State; and\n\n (c) does not form part of a State; and\n\n (d) is not a statutory authority established under a law of a State.\n\nconstitutional trade or commerce means trade or commerce:\n\n (a) between Australia and places outside Australia; or\n\n (b) among the States; or\n\n (c) between a State and a Territory, between 2 Territories or within a Territory.\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Forestry Recovery Development Fund Program (the program) is prescribed.\n\n (2) The program provides funding in the form of grants to affected wood processing facilities that demonstrate that they will use the grants to:\n\n (a) develop new wood products solely or mainly for constitutional trade or commerce; or\n\n (b) increase, maintain or restore their capacity to continue to deliver existing wood products that are solely or mainly sold in the course of constitutional trade or commerce.\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) the government of a Territory (within the meaning of section 122 of the Constitution).\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: establishing a specific bushfire recovery grant program for private forestry processors. There is no evidence of scope creep — the definitions, eligibility criteria, and permitted uses of funds all align with the stated objective of forestry recovery following the 2019-2020 bushfires."},"complexity_factors":["Very short instrument — only 6 sections spanning approximately 2 pages","Only 4 defined terms in section 4, all straightforward (Act, affected wood processing facility, constitutional trade or commerce, program)","Simple conditional structure in section 5(2) with just two alternative purposes for grants","No nested exceptions or complex cross-referencing — only references to the parent Act (Industry Research and Development Act 1986) and the Constitution","Single clear objective: prescribe a program and specify constitutional basis for funding"],"plain_english_summary":"This bill creates the Forestry Recovery Development Fund Program to give grants to private wood‑processing businesses hit by the 2019–20 bushfires, excluding state‑owned or government operations.  \n\nGrants support developing new wood products for interstate or export markets or restoring/maintaining capacity to supply those markets — a constitutional link to interstate and international trade that allows the Commonwealth to lawfully fund this targeted disaster recovery."},"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":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a program within the power conferred by section 33 of the Act and sets eligibility and use conditions; it does not expand or remove legislative powers but narrows practical scope to non‑State wood processing facilities and activities tied to constitutional trade or commerce. No alteration of the Act’s statutory grant power is effected—this is an exercise of that power to define a specific program."},"complexity_factors":["Short, single-purpose instrument with few provisions (low volume of text).","Cross-reference to section 33 of the Industry Research and Development Act 1986 for authority (requires reading external statute).","Key eligibility definitions narrow recipients to 'affected wood processing facility' and exclude State‑owned entities and statutory State authorities (legal boundary issues).","Requirement that funded activities relate to 'constitutional trade or commerce' introduces a constitutional-law filter (interstate/overseas trade only).","Operational discretion sits with the Minister’s delegate and grant processes (administrative discretion in assessing demonstrations of use).","Compliance burden on applicants to 'demonstrate' intended use of grants and that they were adversely affected by the bushfires."],"plain_english_summary":"This instrument creates the Forestry Recovery Development Fund Program under the Industry Research and Development Act 1986. It provides Commonwealth grant funding to privately‑owned wood‑processing facilities harmed by the 2019–20 bushfires if they show the money will be used to develop new wood products for interstate/overseas trade or to restore/maintain capacity to supply products sold in constitutional trade or commerce. The Commonwealth (through the Minister’s delegate) decides eligibility; applicants must demonstrate intended use and State‑owned or statutory State facilities are excluded."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020","history":"/api/acts/industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020/history","analysis":"/api/acts/industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020/analysis","conflicts":"/api/acts/industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020/conflicts","importantCases":"/api/acts/industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020/important-cases","documents":"/api/acts/industry-research-and-development-forestry-recovery-development-fund-program-instrument-2020/documents"}}