{"id":"F2021L00095","name":"Industry Research and Development (Hotel Energy Uplift Program) Instrument 2021","slug":"industry-research-and-development-hotel-energy-uplift-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440754,"registerId":"F2021L00095-fast-fetch-1775956279559","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Hotel Energy Uplift 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 (Hotel Energy Uplift Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 2 February 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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Hotel Energy Uplift 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instrument is registered. 5 February 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Hotel Energy Uplift Program (the program) is prescribed.\n\n (2) The program provides funding to support hotels to reduce energy consumption by:\n\n (a) upgrading their equipment; and\n\n (b) upgrading their building fabric; and\n\n (c) undertaking energy management and carrying out energy management assessments such as energy systems assessments and feasibility studies; and\n\n (d) investing in energy monitoring and management systems.\n\n (3) The purpose of the program is to assist hotels:\n\n (a) to identify and implement energy efficiency measures; and\n\n (b) to reduce energy use and costs; and\n\n (c) to reduce emissions of greenhouse gases.\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 external affairs (within the meaning of paragraph 51 (xxix) of the Constitution) is specified 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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument itself prescribes the Hotel Energy Uplift Program and specifies its purpose and legal basis (see s5 and s6). It does not record any amendment history or an express change from a prior scope. On the face of the text, the instrument sets out a new or defined program scope rather than changing an earlier one; details of implementation, eligibility, funding amounts and administrative rules are not included in the instrument (s5(2)–(3)), so no change from an earlier intent is demonstrated in the provided text."},"complexity_factors":["Statutory cross‑reference to the Industry Research and Development Act 1986 (authority under s3) — requires reading s33 of the Act to see legal effect (s3).","Prescriptive but high‑level program description without operational funding rules or eligibility criteria (s5(1)–(3)) — creates administrative discretion in implementation.","Invocation of constitutional external‑affairs power linked to three international instruments (Kyoto Protocol, Paris Agreement, UNFCCC) — raises potential constitutional interpretation considerations (s6).","Defined terms for international treaties and program linkages (s4, s5) — requires checking treaty texts only for context, not to change domestic obligations.","Formal commencement and deeming table (s2) — typical legislative timing issues for lawyers and administrators.","Limited detail on accountability, reporting, amounts, or selection processes — increases reliance on delegated instruments or administrative guidelines.","Targeted sectoral scope (hotels) narrows application but may create concentrated benefits and concentrated administrative interactions between government and industry (s5)."],"plain_english_summary":"Prescribes (under the Industry Research and Development Act 1986) the Hotel Energy Uplift Program and authorises funding to help hotels upgrade equipment and building fabric, carry out energy‑management assessments, and install monitoring systems. The stated purpose is to help hotels identify and implement efficiency measures, reduce energy use and costs, and cut greenhouse‑gas emissions; the instrument also invokes the Commonwealth’s external‑affairs power in relation to Kyoto, Paris and UNFCCC obligations.\n\nThe Commonwealth funds projects (via the administering agency/Minister), creating incentives for hotels to invest and imposing application and reporting obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: prescribing the Hotel Energy Uplift Program under the Industry Research and Development Act. It does not expand beyond establishing the program's existence, its general objectives, and the constitutional basis for funding. Detailed eligibility, application processes, and funding amounts would be handled through separate administrative arrangements or guidelines, keeping this legislative instrument narrow and purpose-specific."},"complexity_factors":["Very short instrument — only 6 sections","Minimal defined terms (6 definitions, mostly treaty names)","No nested exceptions or conditional logic","Straightforward purpose and operation","Single cross-reference to the parent Act (Industry Research and Development Act 1986)","No substantive procedural rules or eligibility criteria contained in this instrument (these would be in program guidelines or separate determinations)"],"plain_english_summary":"The Hotel Energy Uplift Program creates government funding to help hotels upgrade equipment, improve building fabric, install energy monitoring and carry out energy assessments, reducing energy use and costs. It affects hotels (as applicants) and taxpayers (as the funding source under the Industry Research and Development Act 1986).\n\nThe scheme aims to cut hotel energy bills and greenhouse gas emissions and to help Australia meet international climate obligations, relying on the Constitution’s external affairs power."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-hotel-energy-uplift-program-instrument-2021","history":"/api/acts/industry-research-and-development-hotel-energy-uplift-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-hotel-energy-uplift-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-hotel-energy-uplift-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-hotel-energy-uplift-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-hotel-energy-uplift-program-instrument-2021/documents"}}