{"id":"F2017L01576","name":"Industry Research and Development (Incubator Support Program) Instrument 2017","slug":"industry-research-and-development-incubator-support-program-instrument-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439406,"registerId":"F2017L01576-fast-fetch-1775955445353","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Incubator Support Program) Instrument 2017","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 (Incubator Support Program) Instrument 2017\n\nI, Craig Laundy, Assistant Minister for Industry, Innovation and Science and Parliamentary Secretary to the Minister for Industry, Innovation and Science, make the following instrument.\n\nDated 29 November 2017\n\nCraig Laundy\n\nAssistant Minister for Industry, Innovation and Science  Parliamentary Secretary to the Minister for Industry, Innovation and Science\n\n \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 (Incubator Support Program) Instrument 2017.\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instrument is registered. 5 December 2017\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nincubator means a business support organisation that fosters innovative start‑ups focused on international trade through the provision of services such as seed funding, co‑location, mentoring, professional services and access to business networks.\n\n5  Prescribed program\n\n  For the purposes of subsection 33(1) of the Act, the program specified in item 1 of the following table is prescribed.\n\n \n\n- Prescribed program\n- Item Column 1Program Column 2Description and purpose of the program\n- 1 Incubator Support Program The program provides funding to:(a) support new Australian incubators targeting innovative start‑ups to assist them to trade internationally; and(b) expand the scale and operations of existing Australian incubators to increase innovative start‑ups’ chances of success in international markets; and(c) develop innovative new Australian start‑ups with a focus on international markets; and(d) create opportunities for Australian start‑ups to develop sustainable international businesses through access to open public data.\n\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 trade and commerce with other countries, and among the States, are specified.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument remains tightly scoped to its original purpose. It simply prescribes the Incubator Support Program under section 33 of the parent Act and describes its four specific objectives. There is no evidence of scope creep — the instrument does not expand beyond establishing the program's legal basis and defining key terms."},"complexity_factors":["Extremely short — only 6 operative sections across 2 pages","Single defined term ('incubator') plus one reference term ('Act')","No cross-references to other legislation beyond the parent Act (s.33)","No conditional logic, exceptions, or procedural requirements","Straightforward tabular format for the program description with no nested provisions","Essentially a 'notification' instrument that prescribes a program and specifies constitutional heads of power — minimal regulatory burden"],"plain_english_summary":"The instrument creates the Incubator Support Program, a government funding scheme administered under the Industry Research and Development Act 1986 to give grants to incubators and innovative Australian start‑ups to help them trade and scale in international markets (including use of open public data). It provides the legal authority for the Commonwealth to spend on this program, grounded in its trade and commerce constitutional power."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the Act itself; it prescribes a program and sets out its funding purposes and a definition of 'incubator' consistent with the Act's exercise of power. It establishes the legal basis for funding decisions (section 5) and specifies the legislative head relied on (section 6), but contains no amendments or broader scope changes to the underlying statute."},"complexity_factors":["Short, self-contained instrument (few clauses) — limited textual complexity.","Cross-reference to the Industry Research and Development Act 1986 (authority and operative power) creates dependency on external statutory context (sections 3 and 5).","Single defined term of operational importance ('incubator') narrows interpretation but requires factual application by administrators (section 4).","Program description sets funding purposes but contains no detailed eligibility, application or funding‑allocation rules — implementation relies on administrative discretion (section 5).","Commencement mechanics are explicit but simple (commencement table and date) (section 2).","Specification of the legislative power head (trade and commerce) is declaratory rather than operational, but may bear constitutional/legal significance (section 6)."],"plain_english_summary":"This instrument formally establishes the \"Incubator Support Program\" under the Industry Research and Development Act 1986. It authorises Commonwealth funding to create and expand Australian incubators and to support innovative start‑ups targeting international markets, including improved access to open public data. It affects incubator organisations and start‑ups seeking government support by creating the legal basis for funding decisions and specifying the kinds of activities the program will fund."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-incubator-support-program-instrument-2017","history":"/api/acts/industry-research-and-development-incubator-support-program-instrument-2017/history","analysis":"/api/acts/industry-research-and-development-incubator-support-program-instrument-2017/analysis","conflicts":"/api/acts/industry-research-and-development-incubator-support-program-instrument-2017/conflicts","importantCases":"/api/acts/industry-research-and-development-incubator-support-program-instrument-2017/important-cases","documents":"/api/acts/industry-research-and-development-incubator-support-program-instrument-2017/documents"}}