{"id":"F2025L01592","name":"Industry Research and Development (Green Iron Investment Fund – Whyalla Steelworks Transformation Stream Program) Instrument 2025","slug":"industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443089,"registerId":"F2025L01592-fast-fetch-1775958009020","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Green Iron Investment Fund – Whyalla Steelworks Transformation Stream Program) Instrument 2025","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 (Green Iron Investment Fund – Whyalla Steelworks Transformation Stream Program) Instrument 2025\n\n \n\n \n\nI, Tim Ayres, Minister for Industry and Innovation, make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\nDated   15 December 2025\n\nTim Ayres\n\nMinister for Industry and Innovation\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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Green Iron Investment Fund – Whyalla Steelworks Transformation Stream Program) Instrument 2025.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\ngreen iron means a concentrated iron metal made from the reduction of Australian iron ore by using a lower emissions reducing agent.\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 2025 be viewed in the Australian Treaties Library on the AustLII website (http://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 2025 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 2025 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Green Iron Investment Fund – Whyalla Steelworks Transformation Stream Program (the program) is prescribed.\n\n(2) The program provides funding that supports commercial green iron production capabilities in Australia, including the initial capital investment and the long-term transformation of Australian steelworks.\n\n(3) The purpose of the program is to contribute to reductions of greenhouse gas emissions in the steel value chain.\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 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 (a) the Kyoto Protocol, particularly Article 10;\n\n (b) the Paris Agreement, particularly Article 4;  \n\n (c) 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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to be doing exactly what its title suggests: establishing a specific funding stream for green iron production at Whyalla. The scope is tightly focused on steelworks transformation and green iron commercialisation, with no evident scope creep beyond the original policy intent."},"complexity_factors":["Very short instrument: only 6 operative sections plus definitions","Minimal defined terms: only 7 definitions, most being straightforward references to treaties or the parent Act","No conditional logic, exceptions, or nested provisions","Single straightforward purpose: prescribe a program under existing statutory authority","No cross-references beyond basic citations to the parent Act and Constitution","Simple structure: name, commencement, authority, definitions, substantive provision (prescribing the program), constitutional basis"],"plain_english_summary":"The instrument creates the Green Iron Investment Fund – Whyalla Steelworks Transformation Stream, a government funding program to finance capital and commercial deployment of lower‑emissions “green iron” production and long‑term transformation of the Whyalla steelworks. It affects steel firms, workers, local communities and taxpayers by enabling public investment in decarbonising a hard‑to‑abate industry. The measure relies on Australia’s external affairs power, linking the program to obligations under major international climate treaties."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument itself prescribes a new program and states its purpose and legal basis; it does not indicate any change from an earlier instrument or original statutory intent. There is no text in this instrument that amends or narrows an existing program or departs from previously stated scope."},"complexity_factors":["Short, single-purpose instrument with few operative clauses (ss 1–6) — low procedural complexity but limited operational detail.","Uses the authorising head of power in s33 of the Industry Research and Development Act 1986 (s3), requiring cross-reference to that Act for implementation mechanics.","Relies on external affairs constitutional footing by referencing international instruments (s6 referencing Kyoto, Paris, UNFCCC), which can raise interpretive questions about scope of federal competence.","Program scope language is broad and operationally vague (s5(2): \"supports commercial green iron production capabilities, including the initial capital investment and the long-term transformation\"), creating administrative discretion for downstream rules and eligibility criteria.","Key technical term defined but narrowly framed (\"green iron\" in s4) — implementation will need technical standards not contained here.","No funding amounts, eligibility rules, assessment criteria or reporting requirements are specified, increasing implementation and compliance complexity for administering agencies and applicants."],"plain_english_summary":"Mechanically, this instrument prescribes a new program under the Industry Research and Development Act 1986 that authorises funding for commercial \"green iron\" production and for transforming the Whyalla steelworks, including initial capital investment and long‑term changes. Its stated purpose is to contribute to greenhouse gas emission reductions in the steel value chain, and it anchors legislative power to Australia’s external affairs obligations under the Kyoto Protocol, the Paris Agreement and the UNFCCC."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea","history":"/api/acts/industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea/history","analysis":"/api/acts/industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea/analysis","conflicts":"/api/acts/industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea/conflicts","importantCases":"/api/acts/industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea/important-cases","documents":"/api/acts/industry-research-and-development-green-iron-investment-fund-whyalla-steelworks-transformation-strea/documents"}}