{"id":"F2022L01635","name":"Industry Research and Development (Nyrstar Hobart Zinc Smelter Upgrade Program) Instrument 2022","slug":"industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441652,"registerId":"F2022L01635-fast-fetch-1775956913420","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Nyrstar Hobart Zinc Smelter Upgrade Program) Instrument 2022","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 \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Nyrstar Hobart Zinc Smelter Upgrade Program) Instrument 2022\n\n \n\n \n\nI, Ed Husic, Minister for Industry and Science, make the following instrument.\n\n \n\n \n\n \n\n \n\n \n\nDated: 9 December 2022\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 (Nyrstar Hobart Zinc Smelter Upgrade Program) Instrument 2022.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nNyrstar means Nyrstar Hobart Pty Ltd, ABN 49 124 818 113.\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Nyrstar Hobart Zinc Smelter Upgrade Program (the program) is prescribed.\n\n (2) The program provides funding to Nyrstar to support the upgrade of the Nyrstar Hobart Zinc Smelter.\n\n (3) The purpose of the program is to replace Nyrstar’s electrolytic plant with a new, contemporary electrolysis plant located at its Hobart Zinc Smelter facility, to enable increased production of low-carbon zinc and support Australian capability in its production of zinc.\n\n6  Specified legislative power\n\n  For the purposes of subsection 33(3) of the Act, the power of the Parliament under paragraph 51(xx) of the Constitution to make laws with respect to foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth is specified.\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a single-purpose, project-specific instrument with no scope creep. It does exactly what its title suggests: prescribes one specific program for one specific company for one specific facility upgrade. There is no expansion beyond the original intent."},"complexity_factors":["Extremely short: only 6 operative sections across 2 pages","Only 3 defined terms in section 4 (Act, Nyrstar, program)","No cross-references beyond basic citations to the parent Act (Industry Research and Development Act 1986)","No conditional logic, exceptions, or nested provisions","Single purpose instrument with straightforward declaratory language","No subordinate legislation or delegated powers created"],"plain_english_summary":"The instrument establishes the \"Nyrstar Hobart Zinc Smelter Upgrade Program\" and authorises the Australian Government to fund Nyrstar Hobart Pty Ltd to replace its old electrolytic plant with a modern, higher‑output low‑carbon zinc facility. It affects Nyrstar, the Commonwealth’s ability to lawfully provide the grant, and Tasmanian industry and workers by preserving domestic zinc production. Its practical effect is to legally permit public spending on decarbonising and retaining this industrial capability."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not alter the statutory scope of the Industry Research and Development Act; it simply prescribes a named program and records its purpose and constitutional basis (see s5 and s6). It adds no new regulatory duties, penalties or definitions beyond naming the program and its beneficiary."},"complexity_factors":["Narrow, single-purpose instrument prescribing one program (s5)","Depends on and operates through the Industry Research and Development Act 1986 (s3; s33 of the Act)","Minimal definitional content and no operational funding terms (s4, s5(2))","Specifies constitutional basis (s6) — formal but routine legal step","Administrative details (funding amount, conditions, eligibility) are delegated or located in other instruments or agreements, creating implementation reliance","Standard commencement/technical clauses add low procedural complexity (clause 2)"],"plain_english_summary":"This instrument prescribes the Nyrstar Hobart Zinc Smelter Upgrade Program under the Industry Research and Development Act 1986, enabling government funding to Nyrstar Hobart Pty Ltd to support replacing its electrolytic plant with a new electrolysis plant.  \n\nThe instrument states the program’s purpose is to increase production of low‑carbon zinc and support Australian capability; it does not set funding amounts or detailed conditions and records reliance on the corporations power in section 51(xx) as its constitutional basis."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022","history":"/api/acts/industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022/history","analysis":"/api/acts/industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022/analysis","conflicts":"/api/acts/industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022/conflicts","importantCases":"/api/acts/industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022/important-cases","documents":"/api/acts/industry-research-and-development-nyrstar-hobart-zinc-smelter-upgrade-program-instrument-2022/documents"}}