{"id":"F2021L00539","name":"Industry Research and Development (Modern Manufacturing Initiative Program) Instrument 2021","slug":"industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440834,"registerId":"F2021L00539-fast-fetch-1775956322639","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Modern Manufacturing Initiative 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 (Modern Manufacturing Initiative Program) Instrument 2021\n\nI, Christian Porter, Minister for Industry, Science and Technology, make the following instrument.\n\nDated 27 April 2021\n\nChristian Porter\n\nMinister for Industry, Science and Technology\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 (Modern Manufacturing Initiative 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this instrument is registered. 5 May 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Modern Manufacturing Initiative Program (the program) is prescribed.\n\n (2) The program provides funding on a co‑investment basis to stimulate business investment in the manufacturing sector by supporting the following:\n\n (a) large projects that bring together businesses, researchers and investors to build economies of scale and allow businesses to better compete in international markets;\n\n (b) projects aimed at translating research into commercial solutions;\n\n (c) projects that target the integration of Australian businesses into domestic and global value chains.\n\n (3) The purposes of the program are to:\n\n (a) address barriers to scale and competitiveness for Australian manufacturing; and\n\n (b) build manufacturing capabilities and networks, lift productivity, create jobs and boost the export potential and global competitiveness of Australian businesses.\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) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution).\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Industry Research and Development Act or expand legislative powers; it prescribes a program within the Act’s s33 framework and sets high‑level purposes and eligible project types (ss5–6). It narrows operational scope to co‑investment manufacturing projects but leaves substantive implementation rules to the administering agency."},"complexity_factors":["Relies on and must be read with section 33 of the Industry Research and Development Act 1986 (see s3 of the instrument) — legal effect depends on the parent Act.","Key operational terms are high‑level and not defined in the instrument (e.g. “co‑investment”, “large projects”, “integration into value chains”) (s5(2)) so implementation requires administrative guidelines.","Implementation detail (eligibility criteria, matching ratios, application, reporting, selection and monitoring) is left to the administering body, creating administrative discretion and contingent compliance burdens.","Specifies constitutional bases for the program (trade and commerce; corporations) to support validity under ss51(i) and 51(xx) (s6), which is a legal‑risk mitigation detail.","Simple commencement mechanics (operative the day after registration) but any temporal effects depend on registration timing (s2)."],"plain_english_summary":"This instrument formally prescribes the Modern Manufacturing Initiative Program under the Industry Research and Development Act 1986 and brings it into force. Mechanically it authorises co‑investment funding (government alongside private investors) to support large‑scale manufacturing projects, research commercialisation and integration into domestic and global value chains; it states the program’s purposes (competitiveness, capability, productivity, jobs, exports)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is the original establishing instrument for the Modern Manufacturing Initiative Program. The scope remains tightly focused on its original purpose: formally prescribing the program under section 33 of the Industry Research and Development Act 1986 and specifying the constitutional basis for the expenditure. There is no evidence of scope creep or expansion beyond this foundational purpose."},"complexity_factors":["Very short instrument — only 6 sections spanning approximately 2 pages","Minimal defined terms — only 2 definitions in section 4 ('Act' and 'program')","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","No conditional logic, exceptions, or nested provisions","Straightforward structure: name, commencement, authority, definitions, substantive prescription (section 5), constitutional specification (section 6)","Single operational purpose: prescribing a program and specifying constitutional heads of power"],"plain_english_summary":"This instrument legally establishes the Modern Manufacturing Initiative Program, authorising co‑investment grants to help Australian manufacturers scale, commercialise research and integrate into supply chains. It affects manufacturers, their research and investor partners, and the Department of Industry as administrator. Crucially, it provides the legal basis for government spending under the trade and corporations powers so grants can be paid, aiming to boost competitiveness, jobs and export readiness."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021","history":"/api/acts/industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-modern-manufacturing-initiative-program-instrument-2021/documents"}}