{"id":"F2024L01631","name":"Industry Research and Development (Offshore Decommissioning Directorate Program) Instrument 2024","slug":"industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442663,"registerId":"F2024L01631-fast-fetch-1775957623029","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Offshore Decommissioning Directorate Program) Instrument 2024","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 \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Offshore Decommissioning Directorate Program) Instrument 2024\n\n \n\nI, Madeleine King, Minister for Resources, make the following instrument.\n\nDated: 12 September 2024\n\nMadeleine King\n\nMinister for Resources\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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Offshore Decommissioning Directorate Program) Instrument 2024.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\ndecommissioning includes all activities associated with or connected to:\n\n    (a) the disconnection, removal and disposal of infrastructure from an offshore area that was previously used to support oil and gas operations;\n\n (b) the suspension, plugging (whether temporary or permanent) and abandonment of wells and flushing of associated pipelines;\n\n    (c) removal or any other treatment of subsea infrastructure;\n\n (d) associated environmental remediation.\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Offshore Decommissioning Directorate Program (the program) is prescribed.\n\n (2) The program provides funding for the Offshore Decommissioning Directorate to work with industry, unions, First Nations groups, state and territory governments and the community to address barriers to the growth of Australia’s decommissioning industry.\n\n (3) The purpose of the program is to support an effective and efficient decommissioning industry in Australia, including by providing funding for the following:\n\n (a) to support greater awareness of Commonwealth and other regulations amongst the decommissioning industry;\n\n (b) to undertake research and provide advice on aspects of decommissioning policy, regulation and industry activity;\n\n (c) to encourage industry coordination of decommissioning projects;\n\n (d) international engagement and cooperation.\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) external affairs (within the meaning of paragraph 51(xxix) of the Constitution).\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Industry Research and Development Act 1986; it exercises the Act’s existing power to prescribe programs (s3 and s5(1)). It defines the program’s subject matter and purposes (s4–s5) and specifies the constitutional powers relied on (s6), but it does not expand statutory powers beyond what subsection 33 of the Act permits. Operational scope is broadened in practice by the program’s wide definition of ‘decommissioning’ and broad stakeholder remit (s4; s5(2)–(3)), which affects implementation rather than the Act’s legal scope."},"complexity_factors":["Reliance on cross‑reference to the Industry Research and Development Act 1986 (s3 and s5(1)) — the instrument prescribes a program rather than setting standalone regulatory rules.","Broad, multi‑step definition of ‘decommissioning’ that covers disconnection, removal, well suspension/abandonment, subsea works and environmental remediation (s4) — creates wide operational scope.","Vague funding mechanics and eligibility criteria — instrument authorises funding but provides no detail on allocation, application or reporting processes (s5(2)–(3)).","Multiple named stakeholders (industry, unions, First Nations, state/territory governments, community) increase coordination complexity for program delivery (s5(2)).","Specification of constitutional heads of power (trade and commerce; external affairs) to support the program’s legal basis (s6) — introduces federal/state interaction and potential overlap with state powers.","Ministerial discretion in making the instrument (made by Minister for Resources) and in how the Offshore Decommissioning Directorate will use funds introduces implementation and administrative discretion (instrument as a whole)."],"plain_english_summary":"This instrument prescribes the Offshore Decommissioning Directorate Program under the Industry Research and Development Act 1986, authorising funding for the Offshore Decommissioning Directorate to work with industry, unions, First Nations groups, states and the community on offshore oil and gas decommissioning. Its stated purpose is to support an effective and efficient decommissioning industry by funding regulatory awareness, research and advice, project coordination and international engagement."},"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 of establishing funding for offshore decommissioning activities. The scope aligns precisely with the enabling provision (section 33 of the Industry Research and Development Act 1986) and does not expand beyond prescribing a specific program and defining its parameters."},"complexity_factors":["Very short instrument (only 6 sections)","Minimal defined terms (only 3: 'Act', 'decommissioning', and 'program')","No cross-references to other legislation beyond the enabling Act","Simple structure with no conditional logic, exceptions, or nested provisions","Straightforward purpose and operation — essentially a funding mechanism declaration","Single operational section (section 5) with clear, bullet-pointed objectives"],"plain_english_summary":"This bill establishes the Offshore Decommissioning Directorate Program, funding a government body to support cleanup of ageing offshore oil and gas infrastructure—removal of rigs, pipelines, well plugging, environmental remediation and related underwater work. \n\nGrants will fund industry education, research, coordination and international cooperation, and engage companies, unions, First Nations and states to build Australian capacity, protect the environment and create local jobs rather than relying solely on foreign contractors."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024","history":"/api/acts/industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024/history","analysis":"/api/acts/industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024/analysis","conflicts":"/api/acts/industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024/conflicts","importantCases":"/api/acts/industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024/important-cases","documents":"/api/acts/industry-research-and-development-offshore-decommissioning-directorate-program-instrument-2024/documents"}}