{"id":"F2023L00792","name":"Industry Research and Development (National Rail Manufacturing Advocate Program) Instrument 2023","slug":"industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441950,"registerId":"F2023L00792-fast-fetch-1775957104784","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (National Rail Manufacturing Advocate Program) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\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 (National Rail Manufacturing Advocate Program) Instrument 2023\n\nI, Ed Husic, Minister for Industry and Science, make the following instrument.\n\n \n\n \n\nDated: 15 June 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 (National Rail Manufacturing Advocate 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nAdvocate: see paragraph 5(2)(a).\n\nAustralian rail industry business means a business that:\n\n (a) produces or trades in goods or services that are intended for use in, or in connection with, the rail industry; and\n\n (b) is carried on wholly or primarily in or from Australia. \n\nconstitutional trade or 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\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the National Rail Manufacturing Advocate Program (the program) is prescribed.\n\n (2) The program is:\n\n (a) to establish a position called the National Rail Manufacturing Advocate (the Advocate); and\n\n (b) for the Commonwealth to contract with a person, as required from time to time, to fill the position; and\n\n (c) to facilitate and enable the Advocate’s ongoing performance of the responsibilities specified in subsection (3).\n\n (3) For the purposes of paragraph (2)(c), the following responsibilities of the Advocate are specified:\n\n (a) to support Australian rail industry businesses to:\n\n (i) access export opportunities in overseas markets; and\n\n (ii) access procurement opportunities in, or in connection with, constitutional trade or commerce; and\n\n (iii) participate in national and global supply chains in, or in connection with, constitutional trade or commerce; and\n\n (iv) use innovations or technologies that improve their systems, products or operations in, or in connection with, constitutional trade or commerce; and\n\n (b) to identify, and support the adoption of, innovations or technologies for use in, or in connection with, constitutional trade or commerce in the rail industry; and\n\n (c) to consult or engage with governments, research bodies, participants in the rail industry or any other person for the purpose of performing the responsibilities in paragraphs (a) or (b).\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); and\n\n (b) the government of a Territory (within the meaning of section 122 of the Constitution).\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":"The instrument remains tightly focused on its original purpose: establishing the National Rail Manufacturing Advocate Program under section 33 of the Industry Research and Development Act 1986. The scope is limited to prescribing the program, defining its components (the Advocate position, contracting arrangements, and specified responsibilities), and identifying the constitutional heads of power. There is no evidence of scope creep or expansion beyond the original intent of creating this specific advocacy and support program for the rail manufacturing sector."},"complexity_factors":["Very short instrument (6 sections, approximately 1.5 pages)","Only 4 defined terms in section 4 (Act, Advocate, Australian rail industry business, constitutional trade or commerce)","Simple structure with no nested exceptions or conditional logic","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","Straightforward prescription of a program with enumerated responsibilities","Single constitutional basis specified in section 6 without alternative or contingent provisions"],"plain_english_summary":"Creates a National Rail Manufacturing Advocate to help Australian rail manufacturers and suppliers grow, win export and government procurement work, join national and global supply chains, and adopt new technologies. The government may appoint and fund the advocate to provide targeted business development and support.\n\nThe measure is grounded in the Commonwealth’s interstate and international trade powers (and territory governance) to enable cross-border and overseas activity."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a program under section 33 of the Industry Research and Development Act 1986 (see s3 and s5) and specifies relevant constitutional heads of power (s6). It neither expands nor narrows legislative power beyond that prescription; it sets roles and responsibilities but leaves funding, appointment mechanics and performance arrangements to executive contracting (see s5(2)(b), s5(3))."},"complexity_factors":["Narrow, single-purpose instrument prescribing one program (s5(1)) reduces structural complexity.","Duties are described in broad, non-prescriptive terms (\"support\", \"facilitate\", \"enable\") allowing wide administrative discretion (s5(2)(c), s5(3)).","Executive contracting discretion to appoint the Advocate (Commonwealth contracts with a person) leaves implementation details to department processes (s5(2)(b)).","Scope limited to activities connected with constitutional trade or commerce, requiring attention to constitutional boundaries (definition of \"constitutional trade or commerce\" and s6).","No funding, performance metrics, appointment terms or reporting requirements set out in the instrument — practical implementation depends on subsidiary contracts and administrative instruments (s5 generally, s3 authority under s33 of the Act).","Low compliance burden on industry (advocacy/support role rather than regulatory imposition), but outcomes hinge on how the Advocate is empowered and resourced."],"plain_english_summary":"This instrument establishes the National Rail Manufacturing Advocate Program and authorises the Commonwealth to contract a person to serve as the National Rail Manufacturing Advocate. The Advocate is to help Australian rail businesses access export, procurement and supply‑chain opportunities and adopt rail-related innovations.\n\nIt affects Australian rail industry businesses, the appointed Advocate, and the Commonwealth as funder/contracting authority; it matters because it formalises a government-funded advocacy and engagement role in matters of trade and commerce."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023","history":"/api/acts/industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023/history","analysis":"/api/acts/industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023/analysis","conflicts":"/api/acts/industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023/conflicts","importantCases":"/api/acts/industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023/important-cases","documents":"/api/acts/industry-research-and-development-national-rail-manufacturing-advocate-program-instrument-2023/documents"}}