{"id":"F2017L00052","name":"Industry Research and Development (Portland Aluminium Smelter Assistance Program) Instrument 2017","slug":"industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95738,"registerId":"commonwealth-F2017L00052-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 (Portland Aluminium Smelter Assistance Program) Instrument 2017.","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.

19 January 2017

\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 Note: This table relates only to the provisions of this instrument as originally made.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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed program","content":"#### 5 Prescribed program\n\n For the purposes of subsection 33(1) of the Act, the program specified in item 1 of the following table is prescribed to the extent that it is with respect to the legislative power of the Parliament specified in section 6.\n\n```html\n

Prescribed program

Item

Column 1

Program

Column 2

Description and purpose of the program

1

Portland Aluminium Smelter Assistance Program

Financial assistance to the Portland Aluminium Smelter Project Unincorporated Joint Venture to support the production of aluminium at the Portland Aluminium Smelter for export.

\n```","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 legislative power of the Parliament to make laws with respect to trade and commerce with other countries, and among the States, is specified.","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":2,"scope_assessment":{"changed":false,"description":"The instrument does not change or expand the original statutory scheme. It simply prescribes a named assistance program under the existing power in s33 of the Industry Research and Development Act 1986 and identifies the legislative head of power (trade and commerce). It does not modify eligibility, funding mechanisms, or obligations beyond describing the program’s purpose."},"complexity_factors":["Very short text with four operative clauses (Name, Commencement, Authority, Definitions, Prescribed program, Specified power).","Prescribes a single, clearly identified program (Portland Aluminium Smelter Assistance Program) in a table—low structural complexity (section 5).","Relies on one external statutory power (Industry Research and Development Act 1986, s33) for authority (section 3).","Commencement mechanics are formal but simple: whole instrument begins the day after registration (section 2).","Specifies the constitutional head of power relied on (trade and commerce) without creating additional administrative procedure (section 6).","Limited discretion or regulatory detail: no eligibility rules, payment mechanics, monitoring or compliance regimes set out in the instrument itself."],"plain_english_summary":"This instrument formally prescribes the “Portland Aluminium Smelter Assistance Program” under section 33 of the Industry Research and Development Act 1986, enabling the Commonwealth to provide financial assistance to the Portland Aluminium Smelter Project unincorporated joint venture to support aluminium production for export. It sets the program’s commencement (the day after registration) and specifies the Parliament’s trade and commerce legislative head of power used to authorise the assistance."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It was created specifically to establish the Portland Aluminium Smelter Assistance Program and does nothing else. There is no evidence of scope creep — it hasn't expanded to cover other smelters, other industries, or broader policy objectives beyond supporting this single facility's export production."},"complexity_factors":["Extremely short — only 6 operative sections","Only 1 defined term ('Act')","No cross-references to other legislation beyond the parent Act","No conditional logic, exceptions, or nested provisions","Straightforward tabular structure for the program description","Single purpose: prescribe one specific assistance program with no variations or alternatives"],"plain_english_summary":"The bill establishes the Portland Aluminium Smelter Assistance Program to provide Commonwealth funding to the Portland Aluminium Smelter Project Unincorporated Joint Venture to keep the smelter operating and support aluminium production for export. It directly affects the smelter, its workers and the Portland community, and implicates taxpayers. The measure is prescribed under the Industry Research and Development Act 1986 and relies on the Commonwealth’s trade-and-commerce power as its legal basis."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017","history":"/api/acts/industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017/history","analysis":"/api/acts/industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017/analysis","conflicts":"/api/acts/industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017/conflicts","importantCases":"/api/acts/industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017/important-cases","documents":"/api/acts/industry-research-and-development-portland-aluminium-smelter-assistance-program-instrument-2017/documents"}}