{"id":"F2025L00022","name":"Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024","slug":"industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442702,"registerId":"F2025L00022-fast-fetch-1775957660422","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\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 (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024\n\nI, Malarndirri McCarthy, Minister for Indigenous Australians, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated  15 January 2025   \n\n \n\nMalarndirri McCarthy\n\nMinister for Indigenous Australians\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  Additional operation\n\n8  Eligibility criteria relating to program\n\n \n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nconstitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies\n\neligible person means a person who:\n\n (a) lives in a region characterised by a weak labour market and low economic activity; and\n\n (b) frequently has difficulty in finding lasting employment.\n\nInternational Covenant on Economic, Social and Cultural Rights means the Covenant of that name done at New York on 16 December 1966, as in force for Australia from time to time.\n\nNote: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nInternational Labour Organization’s Convention concerning Employment Policy means the Convention of that name done at Geneva on 9 July 1964, as in force for Australia from time to time.\n\nNote: The Convention is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nInternational Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources means the Convention of that name done at Geneva on 23 June 1975, as in force for Australia from time to time.\n\nNote: The Convention is in Australian Treaty Series 1986 No. 2 ([1986] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nprogram: see subsection 5(1).\n\nRJED means Remote Jobs and Economic Development\n\nRJED employee means an employee of an RJED recipient whose wages and employee entitlements are paid for out of funding provided under the RJED Program.\n\nRJED Program means the Remote Jobs and Economic Development Program prescribed in Item 700 in Pt 4 of Sch 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.\n\nRJED recipient means a recipient of funding under the RJED Program.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Remote Jobs and Economic Development Program - Community Jobs and Business Fund (the program) is prescribed.\n\n (2) The program provides funding to RJED recipients to:\n\n (a) engage in activities, including any one or more of the following activities, for the purpose of bringing paid jobs for eligible persons into existence:\n\n (i) building, developing or improving facilities;\n\n (ii) leasing, purchasing or otherwise obtaining capital items or equipment;\n\n (iii) operating a business or undertaking that exists independently of the program;\n\n (iv) developing organisational capacity or capability;\n\n (v) delivering programs or services that reduce barriers to employment; and\n\n (b) deliver technical and vocational education and training, and workplace education and training, to RJED employees.\n\n6  Specified legislative power\n\nFor 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)  in relation to paragraph 5(2)(a)—external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under the International Labour Organization’s Convention concerning Employment Policy, particularly Articles 1 and 2;\n\n(b)  in relation to paragraph 5(2)(b)— external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under one or more of the following:\n\n (i) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 6;\n\n (ii) the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources, particularly Articles 1, 2, 3 and 4.\n\n(c)  in relation to the additional operation of this instrument provided for in section 7—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\n7  Additional operation\n\n (1) Without limiting the effect of this instrument apart from this section, this instrument has effect as provided by this section.\n\n (2) This instrument has the effect it would have if a reference to an RJED recipient were expressly confined to an RJED recipient that is a constitutional corporation.\n\n8  Eligibility criteria relating to program\n\n  For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the program under the additional operation of this instrument provided for in section 7 include the requirement that applicants must be a constitutional corporation.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The instrument restricts the RJED Community Jobs and Business Fund to applicants that are constitutional corporations (s7, s8), narrowing the class of potential recipients relative to the broader RJED Program as prescribed in the Financial Framework regulations (s5(1)). This imposes an explicit corporate‑form eligibility requirement that limits who may receive funding and who may employ RJED employees under the program (s5; s4 definitions)."},"complexity_factors":["Additional operation confining recipients to constitutional corporations creates a statutory limitation on eligibility and raises issues of statutory interpretation and application (s7, s8).","Specification of constitutional power bases draws on external affairs and corporations heads and references particular international instruments and articles, adding constitutional law and treaty‑interpretation complexity (s6(a)–(c)).","Cross‑references to the existing RJED Program in the Financial Framework (Supplementary Powers) Regulations 1997 require reading across instruments and regulatory instruments to understand scope (definitions; s4; s5(1)).","Multiple defined terms and layered definitions (e.g. RJED, RJED recipient, RJED employee, eligible person) increase parsing complexity for who is covered and what activities are funded (s4; s5).","The instrument prescribes a mix of funding purposes (capital, operations, training, capacity building) which creates varied compliance obligations and funding conditions for recipients (s5(2)).","Delegated making power under s33 of the Industry Research and Development Act 1986 and the instrument’s commencement/operative clauses require attention to timing and delegations (s3; s2).","Vagueness in some eligibility language (e.g. 'region characterised by a weak labour market and low economic activity', 'frequently has difficulty') can generate fact‑specific assessments and administrative discretion (s4 definition of eligible person)."],"plain_english_summary":"This instrument prescribes the Remote Jobs and Economic Development Program — Community Jobs and Business Fund and authorises funding to recipients to create paid jobs and provide workplace and vocational training (s5). It narrows who may apply by requiring applicants to be constitutional corporations and anchors its legal basis to the external‑affairs and corporations powers; the instrument is made by the Minister under s33 of the Industry Research and Development Act 1986 (ss3,6–8)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It creates a specific funding mechanism (Community Jobs and Business Fund) under the existing RJED Program framework, with activities clearly tied to job creation and training. The constitutional safeguards in sections 6-8 are standard legislative drafting to ensure validity, not scope creep."},"complexity_factors":["Short instrument (8 sections, approximately 2 pages)","Minimal defined terms (11 definitions, mostly straightforward)","Simple conditional structure with one primary fallback mechanism (section 7)","Single cross-reference to parent Act (Industry Research and Development Act 1986)","Clear purpose-based drafting with enumerated lists of permitted activities","No nested exceptions or complex temporal provisions","Relies on established constitutional concepts (external affairs power, corporations power) without novel legal theories"],"plain_english_summary":"This bill creates a Community Jobs and Business Fund within the Remote Jobs and Economic Development program to fund organisations that create paid jobs, training and business activity for people in areas with weak labour markets—primarily remote Indigenous communities. It relies on the external affairs power to implement ILO and ICESCR obligations, and includes a fallback limiting recipients to constitutional corporations if the international-law basis is later judged insufficient."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu","history":"/api/acts/industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu/history","analysis":"/api/acts/industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu/analysis","conflicts":"/api/acts/industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu/conflicts","importantCases":"/api/acts/industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu/important-cases","documents":"/api/acts/industry-research-and-development-remote-jobs-and-economic-development-program-community-jobs-and-bu/documents"}}