{"id":"F2019L00483","name":"Industry Research and Development (Mossman Mill Transition Program) Instrument 2019","slug":"industry-research-and-development-mossman-mill-transition-program-instrument-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":99086,"registerId":"commonwealth-F2019L00483-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Industry Research and Development (Mossman Mill Transition Program) Instrument 2019.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 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```html\n

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. The whole of this instrument

The day after this instrument is registered.

30 March 2019

\n```\n\n> Note: This table relates only to the provisions of this instrument as originally made.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.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under section 33 of the Industry Research and Development Act 1986.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Industry Research and Development Act 1986.\n\n> program means the Mossman Mill Transition Program.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed program","content":"#### 5 Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the program is prescribed.\n (2) The program provides funding to Far Northern Milling Pty Ltd (FNM) to support the capital upgrade, maintenance and operation of the Mossman Mill.\n (3) The purpose of the program is to support the transition of the Mossman Mill, under the oversight of FNM, from a traditional sugar mill to a mill supplying feedstock to a bio‑refinery plant.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Specified legislative power","content":"#### 6 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 (a) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);\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).","sortOrder":5}],"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":3,"scope_assessment":{"changed":false,"description":"This instrument does not expand the statutory powers of the Act; it uses the Act’s s33 prescription mechanism to establish a specific funding program (s3, s5). It identifies constitutional bases for validity (s6) and directs Commonwealth funding to a named private company to alter the Mossman Mill’s commercial role (s5(2)–(3)). It therefore changes policy application (who gets funded and for what) but does not alter the Act’s legal scope or powers."},"complexity_factors":["Short, single-purpose instrument with few provisions (entire instrument commences day after registration) — low procedural complexity (s2).","Legal authority is explicit: made under s33 of the Industry Research and Development Act 1986 — requires statutory prescription rather than primary legislation (s3).","Directs funding to a named private entity (Far Northern Milling Pty Ltd) for specific activities (capital upgrade, maintenance, operation) — creates a targeted fiscal transfer (s5(2)).","Sets an operational purpose (transition the mill to supply bio‑refinery feedstock) — changes commercial incentives for the mill’s operations (s5(3)).","Specifies constitutional heads relied on for validity (trade and commerce; corporations power) — legal framing chosen to support the program’s Commonwealth competence (s6).","Limited implementation detail in the instrument — practical delivery, conditions and oversight likely handled outside the instrument, producing administrative dependence on other agreements or instruments (implicit from absence of operational rules)."],"plain_english_summary":"This instrument prescribes the Mossman Mill Transition Program under section 33 of the Industry Research and Development Act 1986. It authorises Commonwealth funding to Far Northern Milling Pty Ltd to support capital upgrades, maintenance and operation of the Mossman Mill so the mill can move from traditional sugar milling to supplying feedstock to a bio‑refinery. The Commonwealth, by this instrument, decides to fund FNM; the program changes commercial incentives by subsidising capital and operational costs for that transition."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: prescribing the Mossman Mill Transition Program to support the capital upgrade, maintenance and operation of the Mossman Mill for its transition to a bio-refinery feedstock supplier. There is no evidence of scope creep beyond this specific, narrow objective."},"complexity_factors":["Only 2 defined terms in the interpretation section ('Act' and 'program')","No cross-references to other legislation beyond the enabling Act","Straightforward single-purpose program with no conditional eligibility criteria, exceptions, or nested provisions","Minimal structural complexity—only 6 short sections total","No operative conditions, time limits, or procedural requirements specified in the instrument itself"],"plain_english_summary":"The instrument establishes the Mossman Mill Transition Program, funding Far Northern Milling Pty Ltd to upgrade, maintain and operate Mossman Mill in Far North Queensland. It keeps the mill open while converting it from a conventional sugar mill to a supplier of feedstock for bio‑refineries.\n\nThat protects local cane growers, mill workers and regional jobs during the transition. The program is made under the Industry Research and Development Act 1986, relying on federal trade and corporations powers."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-mossman-mill-transition-program-instrument-2019","history":"/api/acts/industry-research-and-development-mossman-mill-transition-program-instrument-2019/history","analysis":"/api/acts/industry-research-and-development-mossman-mill-transition-program-instrument-2019/analysis","conflicts":"/api/acts/industry-research-and-development-mossman-mill-transition-program-instrument-2019/conflicts","importantCases":"/api/acts/industry-research-and-development-mossman-mill-transition-program-instrument-2019/important-cases","documents":"/api/acts/industry-research-and-development-mossman-mill-transition-program-instrument-2019/documents"}}