{"id":"F2021L01386","name":"Industry Research and Development (Port Kembla Gas Generator Investment Development Grant Program) Instrument 2021","slug":"industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441030,"registerId":"F2021L01386-fast-fetch-1775956460107","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Port Kembla Gas Generator Investment Development Grant 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 (Port Kembla Gas Generator Investment Development Grant Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated: 12 August 2021\n\nAngus Taylor\n\nMinister for Energy and Emissions Reduction\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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Port Kembla Gas Generator Investment Development Grant 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Port Kembla Gas Generator Investment Development Grant Program (the program) is prescribed.\n\n (2) The program provides a grant to Australian Industrial Power Pty Ltd to support early works on the Port Kembla gas generator project.\n\n (3) The purpose of the program is to support a final investment decision to be reached in relation to the Port Kembla gas generator project.\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","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument has a narrow, specific scope from inception — creating a single grant for a single project to a single company. There is no indication of scope creep; it was designed as a targeted, one-off payment mechanism and remains exactly that."},"complexity_factors":["Very short instrument — only 6 sections","Minimal defined terms — only 2 definitions in section 4 ('Act' and 'program')","No cross-references to other legislation beyond the parent Act and Constitution","No conditional logic, exceptions, or nested provisions","Straightforward purpose and operation — prescribe a program, name a recipient, state the goal","Single beneficiary and single purpose — no eligibility criteria or application processes to specify"],"plain_english_summary":"This instrument creates the Port Kembla Gas Generator Investment Development Grant Program: a one‑off government grant to Australian Industrial Power Pty Ltd to fund early construction works on a proposed gas‑fired power station at Port Kembla and help the developer reach a final investment decision. It is a targeted taxpayer subsidy delivered under the Industry Research and Development Act 1986, invoked via the Constitution’s corporations power (s.51(xx))."},"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":"The instrument, as drafted, narrowly prescribes a grant program for early works and to support a final investment decision for the Port Kembla gas generator (s5(2)-(3)). The instrument includes no amendments or indications that it alters an earlier scope; the commencement note records it as originally made (s2)."},"complexity_factors":["Very short, single-purpose instrument naming one recipient (s5(2)) which narrows legal scope but concentrates benefit.","Primary effect is to authorise a grant; implementing details (amounts, conditions, administrative steps) are not contained in this instrument and require consulting the enabling Act or separate grant documentation (s5).","Made under a cross-referenced statutory power (s33 of the Industry Research and Development Act 1986) — understanding full legal effect requires reading that Act (s3).","Specifies the constitutional basis (paragraph 51(xx)) rather than posing novel legal rules, which adds a constitutional-law context for validity (s6).","Commencement is tied to registration/commencement mechanics in the table, so timing depends on administrative steps (s2).","Authority is exercised by the Minister in the instrument's recital and making statement, indicating executive decision-making at the point of prescription (instrument header and s3)."],"plain_english_summary":"This instrument prescribes a single grant program that provides funding to Australian Industrial Power Pty Ltd for early works on the Port Kembla gas generator project (s5(2)). Its stated purpose is to support a final investment decision for that project (s5(3)). The instrument is made under s33 of the Industry Research and Development Act 1986 and specifies the Parliament’s corporations power as its constitutional basis (s3, s6)."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins","history":"/api/acts/industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins/history","analysis":"/api/acts/industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins/analysis","conflicts":"/api/acts/industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins/conflicts","importantCases":"/api/acts/industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins/important-cases","documents":"/api/acts/industry-research-and-development-port-kembla-gas-generator-investment-development-grant-program-ins/documents"}}