{"id":"F2021L00244","name":"Industry Research and Development (Portland Aluminium Smelter Program) Instrument 2021","slug":"industry-research-and-development-portland-aluminium-smelter-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440777,"registerId":"F2021L00244-fast-fetch-1775956292392","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Portland Aluminium Smelter 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 (Portland Aluminium Smelter Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 17 March 2021\n\nAngus Taylor\n\nMinister for Energy and Emissions Reduction\n\n \n\n \n\n \n\n \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\n7 Eligibility criteria relating to program\n\n \n\n\n\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Portland Aluminium Smelter 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Portland Aluminium Smelter Program (the program) is prescribed.\n\n (2) The program provides funding to underwrite the Portland aluminium smelter’s participation in the Reliability and Emergency Reserve Trader mechanism operated by the Australian Energy Market Operator.\n\n (3) The purpose of the program is to:\n\n (a) ensure the smelter can provide grid reliability services to the national electricity market; and\n\n (b) contribute to the reliability and security of the national electricity market.\n\n6  Specified legislative power\n\n  For the purposes of subsection 33(3) of the Act, the powers 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 are specified.\n\n7  Eligibility criteria relating to program\n\n  For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the program include the requirement that applicants must be trading or financial corporations to which paragraph 51(xx) of the Constitution applies.\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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument stays within the enabling power in section 33 of the Industry Research and Development Act 1986 by prescribing a narrowly framed funding program to underwrite Portland smelter participation in AEMO's RERT and by restricting eligible applicants to trading or financial corporations under paragraph 51(xx). It does not expand program scope beyond those purposes or add new classes of beneficiaries."},"complexity_factors":["Short, self-contained instrument with limited provisions (Name, Commencement, Authority, Definitions, Prescribed program, Specified legislative power, Eligibility) — low textual complexity (whole instrument)","Creates a single, targeted funding program rather than a broad regulatory regime (s5)","Direct reference to an external operational mechanism (AEMO RERT) adds practical dependency but not internal complexity (s5(2))","Narrows eligibility to trading or financial corporations under paragraph 51(xx) — a clear, narrow legal gate for applicants (s7)","Specifies constitutional head of power to support Commonwealth action, requiring legal characterisation but not elaborate procedural rules (s6)","Made under a single enabling Act provision (Industry Research and Development Act 1986, s33) — limited administrative discretion signalled (s3)","Minimal definitions and no procedural, reporting, or detailed funding rules reduce interpretive and compliance complexity (s4, s5)"],"plain_english_summary":"This instrument establishes the Portland Aluminium Smelter Program and authorises Commonwealth funding to underwrite the Portland smelter’s participation in the Australian Energy Market Operator’s Reliability and Emergency Reserve Trader (RERT) mechanism. It says the program’s purpose is to enable the smelter to provide grid reliability services and to contribute to national electricity market reliability, and limits applicants to trading or financial corporations under the Constitution (s51(xx)). It is made by the Minister under the Industry Research and Development Act 1986."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument appears to serve its original narrow purpose: creating a specific funding mechanism for a single industrial facility (Portland smelter) to participate in a specific grid reliability program (RERT). There is no evidence of scope creep or expansion beyond this targeted industrial assistance purpose."},"complexity_factors":["Very short instrument — only 7 sections spanning approximately 2 pages","Only 2 defined terms ('Act' and 'program')","No cross-references to other legislation beyond the parent Act and Constitution","No conditional logic, exceptions, or nested provisions","Straightforward declarative structure: names the program, states its purpose, specifies constitutional basis, sets eligibility","Single eligibility criterion (trading or financial corporation status)"],"plain_english_summary":"The instrument creates the Portland Aluminium Smelter Program: a government funding scheme that pays the Portland smelter to participate in AEMO’s Reliability and Emergency Reserve Trader (RERT) so it can reduce consumption in grid emergencies. It affects the smelter and the national electricity system by using a major industrial consumer as a reserve to help prevent blackouts. The program is limited to corporate applicants and rests on the Commonwealth’s corporations power."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-portland-aluminium-smelter-program-instrument-2021","history":"/api/acts/industry-research-and-development-portland-aluminium-smelter-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-portland-aluminium-smelter-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-portland-aluminium-smelter-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-portland-aluminium-smelter-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-portland-aluminium-smelter-program-instrument-2021/documents"}}