{"id":"F2023L01644","name":"Industry Research and Development (International CCUS Research Partnerships Program) Instrument 2023","slug":"industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442207,"registerId":"F2023L01644-fast-fetch-1775957269446","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (International CCUS Research Partnerships Program) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\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 (International CCUS Research Partnerships Program) Instrument 2023\n\nI, Chris Bowen, Minister for Climate Change and Energy, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated 8 November 2023  \n\nChris Bowen\n\nMinister for Climate Change and Energy\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 (International CCUS Research Partnerships 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 2023 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 2023 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 2023 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 International CCUS Research Partnerships Program (the program) is prescribed.\n\n (2) The program provides funding to CO2CRC Limited (ABN 56 117 183 516) to conduct carbon capture, utilisation and storage research and development activities with partners from Japan and the Republic of Korea.\n\n (3) The program does not provide funding for carbon capture, utilisation and storage research and development activities associated with the extraction of coal, oil or natural gas.\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 that power relates to measures to give effect to Australia’s obligations under one or more of the following:\n\n (a) the Kyoto Protocol, particularly Article 10;\n\n (b) the Paris Agreement, particularly Articles 4 and 10;\n\n (c) the United Nations Framework Convention on Climate Change, particularly Article 4.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a specific CCUS R&D funding program and limits its scope by naming the recipient, partner countries and excluding extraction-related activities (s5). It does not expand the statutory powers in the Act but specifies reliance on external affairs for treaty implementation (s3, s5, s6)."},"complexity_factors":["Short, single-purpose instrument with few operative provisions (overall simplicity).","Direct identification of a single funding recipient and partners (s5(2)) reduces allocation complexity but concentrates benefits.","Express exclusion of fossil-extraction–related R&D narrows coverage and creates a clear compliance boundary (s5(3)).","Relies on external affairs constitutional power and cites specific treaty provisions, requiring interpretive linkage to international obligations (s6).","Made under s33 of the Industry Research and Development Act 1986—readers must cross-reference the Act for procedural/administration details (s3).","Definitions of treaty instruments and the program term require cross-reference to current treaty status and the Act (s4, s5(1))."],"plain_english_summary":"This instrument prescribes the International CCUS Research Partnerships Program under the Industry Research and Development Act 1986. It provides federal funding to CO2CRC Limited to carry out carbon capture, utilisation and storage (CCUS) research with partners in Japan and the Republic of Korea, and excludes CCUS work tied to coal, oil or gas extraction (s5). It also records that the measure relies on the Commonwealth’s external affairs power to give effect to Australia’s UNFCCC, Kyoto and Paris Agreement obligations (s6)."},"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 tightly scoped, single-purpose instrument that does exactly what its title suggests: prescribes one specific research program. It has not expanded beyond its original intent."},"complexity_factors":["Only 6 short sections total","5 defined terms, all straightforward (Act, Kyoto Protocol, Paris Agreement, program, UNFCCC)","No cross-references between operative sections","Simple conditional logic: one exclusion clause in section 5(3) banning fossil fuel extraction-related activities","Single-purpose instrument with linear structure (name, commencement, authority, definitions, substance, constitutional basis)","No delegated powers, no subordinate legislation creation, no offence provisions"],"plain_english_summary":"This instrument authorises a government funding program—the International CCUS Research Partnerships Program—to pay CO2CRC Limited for international research into carbon capture, utilisation and storage with partners in Japan and South Korea. Funds are for clean CCUS R&D and cannot be used for activities tied to extracting coal, oil or gas. It ties the program to Australia’s international climate treaties, grounding the spending under the Constitution’s external affairs power."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023","history":"/api/acts/industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023/history","analysis":"/api/acts/industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023/analysis","conflicts":"/api/acts/industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023/conflicts","importantCases":"/api/acts/industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023/important-cases","documents":"/api/acts/industry-research-and-development-international-ccus-research-partnerships-program-instrument-2023/documents"}}