{"id":"F2021L01258","name":"Industry Research and Development (Refinery Upgrades Program) Instrument 2021","slug":"industry-research-and-development-refinery-upgrades-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440985,"registerId":"F2021L01258-fast-fetch-1775956426237","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Refinery Upgrades 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 (Refinery Upgrades Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 8 September 2021\n\nAngus Taylor\n\nMinister for Energy and Emissions Reduction\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\n1  Name\n\n  This instrument is the Industry Research and Development (Refinery Upgrades 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instrument is registered. 15 September 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Refinery Upgrades Program (the program) is prescribed.\n\n (2) The program provides funding to support the upgrading of petroleum refineries so that they can produce fuel consistent with improved fuel quality standards and improve the efficiency of their production.\n\n (3) The purpose of the program is to:\n\n (a) support fuel security; and\n\n (b) bring forward the benefits of improved fuel quality standards.\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\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 an applicant:\n\n (a) is a trading or financial corporation to which paragraph 51(xx) of the Constitution applies; and\n\n (b) must confirm in writing that the petroleum refinery to be upgraded is expected to continue to operate until at least 30 June 2027; and\n\n (c) must declare in writing the understanding that, when an arrangement under section 34 of the Act for the program is entered into, the applicant will consent to obligations under that arrangement relating to the requirement for the applicant to make repayments if the petroleum refinery ceases to operate before 30 June 2027.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of establishing the Refinery Upgrades Program. It prescribes the program, specifies the constitutional power, and sets basic eligibility criteria without expanding into unrelated areas."},"complexity_factors":["Very short instrument (only 7 sections)","Minimal defined terms (only 2: 'Act' and 'program')","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","Simple conditional structure with only basic eligibility criteria in section 7","No nested exceptions or complex procedural requirements","Straightforward purpose and operation described in plain language in sections 5(2) and 5(3)"],"plain_english_summary":"The Refinery Upgrades Program provides government funding to Australian petroleum refineries (constitutional trading/financial corporations) to modernise equipment so they can produce cleaner, higher‑quality fuel and run more efficiently.  \n\nRecipients must commit in writing to keep the refinery operating until at least 30 June 2027 and repay funds if they close before then. The program is designed to support fuel security and accelerate compliance with stricter fuel quality standards."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument establishes and prescribes a specific grant program and eligibility criteria under the existing authority of s.33 of the Industry Research and Development Act 1986 (sections 3 and 5) and specifies the constitutional head of power to be paragraph 51(xx) (section 6). It does not itself amend the Act or expand legislative powers; any change in scope beyond prescribing the program is not evident from the instrument alone. Eligibility and repayment mechanics are set out in section 7 and operate within the Act's framework."},"complexity_factors":["Narrow, specific subject matter: prescribes a single program rather than a broad regulatory regime (section 5).","Reliance on external statute: instrument is made under s.33 of the Industry Research and Development Act 1986 and must be read with that Act (section 3; section 5 references subsection 33(1)).","Constitutional head of power specified (paragraph 51(xx)), requiring applicants to be trading or financial corporations within that head (sections 6 and 7(a)).","Eligibility conditions create express contractual and compliance obligations: written confirmations on continued operation to 30 June 2027 and consent to repayment obligations if operation ceases before then (section 7(b)–(c)); this raises administrative and enforcement questions tied to arrangements under s.34 of the Act (section 7(c)).","Fixed temporal condition (operate until at least 30 June 2027) introduces a clear, time‑limited eligibility test and potential clawback trigger (section 7(b)–(c)).","Commencement mechanics are straightforward but formal (registration and commencement date specified) (section 2)."],"plain_english_summary":"This instrument prescribes the \"Refinery Upgrades Program\" under the Industry Research and Development Act 1986, authorising funding to upgrade petroleum refineries so they meet improved fuel-quality standards and operate more efficiently. It applies to trading or financial corporations and requires written commitments that the refinery will continue operating until at least 30 June 2027 and that the applicant will accept repayment obligations if the refinery stops operating before that date."},"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-refinery-upgrades-program-instrument-2021","history":"/api/acts/industry-research-and-development-refinery-upgrades-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-refinery-upgrades-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-refinery-upgrades-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-refinery-upgrades-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-refinery-upgrades-program-instrument-2021/documents"}}