{"id":"F2024L01439","name":"Industry Research and Development (Regional Aviation Connectivity Program) Instrument 2024","slug":"industry-research-and-development-regional-aviation-connectivity-program-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442630,"registerId":"F2024L01439-fast-fetch-1775957594358","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Regional Aviation Connectivity 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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Regional Aviation Connectivity Program) Instrument 2024\n\nI, Catherine King, Minister for Infrastructure, Transport, Regional Development and Local Government, as delegate of the Minister for Industry and Science, make the following instrument.\n\n \n\nDated 4 November 2024\n\nCatherine King\n\nMinister for Infrastructure, Transport, Regional Development and Local Government\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 (Regional Aviation Connectivity 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The day this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nregional aviation company means:\n\n (a) a body corporate that wholly or predominately provides regional aviation services; or\n\n (b) a related body corporate (within the meaning of the Corporations Act 2001) of a body corporate mentioned in paragraph (a).\n\nregional aviation services means services that provide or support flights to and from regional or remote areas.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Regional Aviation Connectivity Program (the program) is prescribed.\n\n (2) The program provides funding to support and develop regional aviation services and regional aviation companies.\n\n (3) Without limiting subsection (2), the program may provide funding to support regional aviation services occurring:\n\n (a) in the course of trade and commerce among the States; or\n\n (b) in a Territory, between Territories or between a Territory and a State.\n\n (4) Without limiting subsection (2), the program may provide funding to support regional aviation services in Queensland or Tasmania.\n\nNote: The Parliaments of Queensland and Tasmania have referred the matter of air transport to the Commonwealth Parliament for the purposes of paragraph 51(xxxvii) of the Constitution: see the Commonwealth Powers (Air Transport) Act 1950 (Qld) and the Commonwealth Powers (Air Transport) Act 1952 (Tas.).\n\n (5) Without limiting subsection (2), the program may provide funding to support the following in relation to a regional aviation company under administration (within the meaning of the Corporations Act 2001):\n\n (a) the continued operation of the company during its period of administration;\n\n (b) the administrator of the company, including to support the administrator to not end the administration with the winding up of the company;\n\n (c) any assistance directed at ensuring the administration of the company does not end with the company or another regional aviation company no longer providing regional aviation services;\n\n (d) any assistance for persons affected by the company being under administration, including persons whose flights have been cancelled;\n\n (e) any other activity that addresses any consequence arising from the administration of the company.\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) bankruptcy and insolvency (within the meaning of paragraph 51(xvii) of the Constitution);\n\n (c) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution);\n\n (d) matters in respect of which the Constitution makes provision until the Parliament otherwise provides (within the meaning of paragraph 51(xxxvi) of the Constitution), together with section 96 of the Constitution (financial assistance to States);\n\n (e) matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States (within the meaning of paragraph 51(xxxvii) of the Constitution);\n\n (f) the government of a Territory (within the meaning of section 122 of the Constitution).\n\nNote: For paragraph (e), the Parliaments of Queensland and Tasmania have referred the matter of air transport to the Commonwealth Parliament for the purposes of paragraph 51(xxxvii) of the Constitution: see the Commonwealth Powers (Air Transport) Act 1950 (Qld) and the Commonwealth Powers (Air Transport) Act 1952 (Tas.).\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a new instrument with no prior version to compare against. The scope aligns precisely with its stated purpose: establishing a specific funding program for regional aviation under the Industry Research and Development Act 1986. The inclusion of administration/insolvency support (section 5(5)) appears to be a core feature of the program's design rather than scope creep, given the recent history of regional airline collapses in Australia."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 4 defined terms in section 4","Simple structure: name, commencement, authority, definitions, substantive provisions (5-6), with no schedules or appendices","Minimal cross-referencing—only refers to the parent Act (Industry Research and Development Act 1986) and standard constitutional provisions","No nested exceptions or complex conditional logic; uses straightforward 'without limiting' clauses to expand scope rather than restrict it","Straightforward delegation chain (Minister for Infrastructure acting as delegate of Minister for Industry and Science)"],"plain_english_summary":"This bill creates the Regional Aviation Connectivity Program, giving the Commonwealth power to fund regional and remote air services and related companies to keep routes running. Importantly, it authorises support while airlines are in administration — covering continued operations, administrator costs, passenger assistance and other measures to prevent sudden collapses.\n\nIt affects regional carriers, their corporate groups, administrators, and the communities and passengers who rely on those services."},"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":true,"description":"The instrument converts the Act's general power to prescribe programs into a specific Commonwealth funding program for regional aviation, clarifying scope to include interstate/Territory services, Queensland and Tasmania, and assistance where a regional aviation company is under administration. Mechanically, it extends Commonwealth funding authority into operational and insolvency-related support for regional carriers, concentrating funding decisions at Commonwealth level while leaving implementation, eligibility and conditions to administrative processes."},"complexity_factors":["Short, single-purpose instrument prescribing one program under an existing Act (s33 IR&D Act).","Simple defined terms: 'regional aviation company' and 'regional aviation services'.","Broad funding discretion: funds may support services generally and specific situations (including companies under administration).","Cross-jurisdictional coverage: expressly covers interstate/Territory trade and mentions Queensland and Tasmania referrals.","Constitutional heads of power explicitly specified (trade and commerce; bankruptcy/insolvency; corporations; referrals; Territories).","No procedural or eligibility detail in the instrument — administrative rules and discretion will be set elsewhere."],"plain_english_summary":"This instrument, made under section 33 of the Industry Research and Development Act 1986, prescribes the \"Regional Aviation Connectivity Program\" and authorises Commonwealth funding to support and develop regional aviation services and companies, including interstate and Territory routes and services in Queensland and Tasmania.  It also allows funding to keep a regional aviation company operating while under administration, to support administrators, and to assist people affected by cancelled flights. The Commonwealth decides who receives funding; recipients include regional airlines and related corporate entities."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-regional-aviation-connectivity-program-instrument-2024","history":"/api/acts/industry-research-and-development-regional-aviation-connectivity-program-instrument-2024/history","analysis":"/api/acts/industry-research-and-development-regional-aviation-connectivity-program-instrument-2024/analysis","conflicts":"/api/acts/industry-research-and-development-regional-aviation-connectivity-program-instrument-2024/conflicts","importantCases":"/api/acts/industry-research-and-development-regional-aviation-connectivity-program-instrument-2024/important-cases","documents":"/api/acts/industry-research-and-development-regional-aviation-connectivity-program-instrument-2024/documents"}}