{"id":"F2023L01432","name":"Industry Research and Development (Industry Growth Program) Instrument 2023","slug":"industry-research-and-development-industry-growth-program-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442143,"registerId":"F2023L01432-fast-fetch-1775957231792","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Industry Growth Program) Instrument 2023","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 (Industry Growth Program) Instrument 2023\n\nI, Ed Husic, Minister for Industry and Science, make the following instrument.\n\n \n\n \n\n \n\n \n\nDated 26 October 2023\n\nEd Husic\n\nMinister for Industry and Science\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 (Industry Growth Program) Instrument 2023.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nconstitutional trade and commerce means trade or commerce:\n\n(a)    between Australia and a place outside Australia; or\n\n(b)    among the States; or\n\n(c)    between a State and a Territory; or\n\n(d)    between 2 Territories; or\n\n(e)    within a Territory. \n\npriority area of the Australian economy has the same meaning as in section 6 of the National Reconstruction Fund Corporation Act 2023.\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n(1)    For the purposes of subsection 33(1) of the Act, the Industry Growth Program (the program) is prescribed.\n\n(2)   The program provides funding for advisory services and financial assistance to small and medium enterprises, including new enterprises, to undertake the following:\n\n(a)    activities to commercialise novel products or services for use in                    constitutional trade and commerce;\n\n(b)    activities to improve the ability of the enterprise to undertake constitutional trade and commerce;\n\n(c)    activities to grow the business of the enterprise with the aim of undertaking constitutional trade and commerce in the future.\n\n(3)   An activity described in paragraph 5(2)(a), (b) or (c) must be in a priority area of the Australian economy.\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\n \n\n \n\n \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 is a foundational/establishing instrument that creates the Industry Growth Program. As a new program establishment, there is no prior version to compare against for scope creep. The instrument maintains a tight focus on its single purpose: prescribing the program under the parent Act and specifying the constitutional basis. It deliberately leaves operational details (eligibility criteria, funding amounts, application processes) to administrative guidelines rather than attempting to legislate them, which keeps scope appropriately narrow."},"complexity_factors":["Very short instrument — only 6 sections spanning approximately 2 pages","Minimal defined terms — only 4 definitions in section 4, all straightforward","Simple structure — linear progression from name/authority to prescription of program to constitutional basis","No cross-references beyond basic statutory hooks (subsection 33(1) and 33(3) of the parent Act, and one reference to the National Reconstruction Fund Corporation Act 2023)","No nested conditions, exceptions, or complex operational rules — all substantive detail left to program guidelines or separate administrative arrangements","Single purpose instrument — does one thing (prescribe the program) without ancillary machinery provisions"],"plain_english_summary":"The instrument formally creates the Industry Growth Program, a federal funding and advisory scheme to help small and medium businesses (including startups) commercialise inventions, scale up, and trade across Australia and overseas, but only for activities in government-designated priority industries. Made under the Industry Research and Development Act 1986, it provides the legal basis for federal spending to boost Australian firms’ national and international competitiveness."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument prescribes and defines the Industry Growth Program under the existing power in section 33 of the Industry Research and Development Act 1986 and specifies constitutional bases (s3, s5, s6). It does not itself expand or narrow the Act's statutory powers; it sets the program's scope and eligibility conditions but contains no provision that changes the underlying legislative authority."},"complexity_factors":["Cross-reference to enabling statute: made under section 33 of the Industry Research and Development Act 1986 (s3) — requires understanding of that Act to see full legal effect.","Defined scope of beneficiaries: targets small and medium enterprises, including new enterprises (s5(2)) — requires administrative criteria to determine eligibility.","Eligibility condition tied to constitutional trade and commerce: activities must relate to constitutional trade and commerce (definition and s5(2)) — creates interpretive questions about what activities qualify.","Requirement that activities be in a 'priority area' as defined in the National Reconstruction Fund Corporation Act 2023 (s5(3)) — introduces cross‑statute linkage and reliance on an external statutory definition.","Specification of parliamentary powers (s6) invoking trade and commerce and Territory powers — clarifies constitutional bases but requires knowledge of constitutional law for edge cases.","Low procedural detail: the instrument prescribes the program and funding types (advisory services and financial assistance) but leaves operational rules, application processes and discretionary decision‑making to implementing instruments or departmental practice (s5)."],"plain_english_summary":"This instrument formally prescribes the Industry Growth Program under the Industry Research and Development Act 1986. It directs Commonwealth funding for advisory services and financial assistance to small and medium enterprises (including new enterprises) to commercialise, improve, or grow activities aimed at constitutional trade and commerce, provided those activities sit within government \"priority areas\" (as defined in the National Reconstruction Fund Corporation Act 2023). It sets commencement and the constitutional bases for the program."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-industry-growth-program-instrument-2023","history":"/api/acts/industry-research-and-development-industry-growth-program-instrument-2023/history","analysis":"/api/acts/industry-research-and-development-industry-growth-program-instrument-2023/analysis","conflicts":"/api/acts/industry-research-and-development-industry-growth-program-instrument-2023/conflicts","importantCases":"/api/acts/industry-research-and-development-industry-growth-program-instrument-2023/important-cases","documents":"/api/acts/industry-research-and-development-industry-growth-program-instrument-2023/documents"}}