{"id":"F2023L00961","name":"Industry Research and Development (Resources Sector Methane Abatement Technology Development Program) Instrument 2023","slug":"industry-research-and-development-resources-sector-methane-abatement-technology-development-program-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104604,"registerId":"commonwealth-F2023L00961-current","compilationNumber":null,"startDate":"2026-04-03","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 (Resources Sector Methane Abatement Technology Development Program) Instrument 2023.","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.

\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 Note: This table relates only to the provisions of this instrument as originally made.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.\n\n> Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.\n\n> Note: The Protocol is in Australian Treaty Series 2008 No. 2 (\\[2008\\] ATS 2) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as in force for Australia from time to time.\n\n> Note: The Agreement is in Australian Treaty Series 2016 No. 24 (\\[2016\\] ATS 24) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n> program: see subsection 5(1).\n\n> United Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as in force for Australia from time to time.\n\n> Note: The Convention is in Australian Treaty Series 1994 No. 2 (\\[1994\\] ATS 2) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Prescribed program","content":"#### 5 Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Resources Sector Methane Abatement Technology Development Program (the program) is prescribed.\n (2) The program provides funding for research and development into technologies that will:\n\n(a) alone, or when used in combination with other technologies, abate methane emissions in the resources sector; or\n\n(b) support other technologies that abate methane emissions in the resources sector.","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 power of the Parliament to make laws with respect to external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures that would assist Australia to meet its obligations under one or more of the following, is specified:\n\n the Kyoto Protocol, particularly Article 10;\n the Paris Agreement, particularly Article 4;\n the United Nations Framework Convention on Climate Change, particularly Article 4.","sortOrder":5}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a straightforward, narrow instrument that does exactly what its title suggests. It establishes a specific technology development program for methane abatement in the resources sector without expanding beyond that purpose. The scope remains tightly focused on prescribing the program and identifying the constitutional head of power (external affairs) that supports it."},"complexity_factors":["Very short instrument (only 6 sections)","Minimal defined terms (only 6 definitions in section 4)","No cross-references to other legislation beyond the parent Act and international treaties","Simple conditional logic (subsection 5(2) has only two straightforward alternatives)","No exceptions, exemptions, or nested conditions","Single purpose instrument that does one thing: prescribe a program and specify the constitutional basis"],"plain_english_summary":"The bill establishes the Resources Sector Methane Abatement Technology Development Program to provide government funding to businesses and researchers developing technologies that reduce methane emissions from mining, oil, and gas operations or improve other methane‑reduction technologies. \n\nIt affects resource companies, tech developers and researchers, and the Australian government (administered under the Industry Research and Development Act), aiming to lower a potent greenhouse gas and help meet Australia’s international climate commitments."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not change the substantive scope of the Act. It prescribes a specific R&D funding program (the Resources Sector Methane Abatement Technology Development Program) and specifies the external affairs legislative basis for measures linked to listed climate treaties; it does not amend or expand the Act's core powers."},"complexity_factors":["Cross-reference to the Industry Research and Development Act 1986 (authority under s33) (see s3 of this instrument)","Defined terms and treaty citations (UNFCCC, Kyoto Protocol, Paris Agreement) with specific treaty articles referenced (see s4, s6)","Broad, outcome-based eligibility language for funded technologies (s5(2)) creates interpretive discretion for administrators","Implementation and eligibility mechanics are not detailed in the instrument and are left to program administration under the Act (administrative discretion increases complexity)","Formal commencement table and potential retrospective/registration timing considerations (s2)","Short text but multiple legal linkages (definitions, Act, international obligations) requiring cross-checking across instruments and treaties"],"plain_english_summary":"This instrument prescribes the \"Resources Sector Methane Abatement Technology Development Program\" under section 33 of the Industry Research and Development Act 1986 and specifies the Commonwealth's external affairs power in relation to the UNFCCC, Kyoto Protocol and Paris Agreement as the related legislative basis.\n\nThe program provides Commonwealth funding for R&D into technologies that abate methane emissions in the resources sector or support such technologies. It affects researchers, resource companies and grant administrators by directing public grants; implementation details and eligibility are left to program administration under the Act."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-resources-sector-methane-abatement-technology-development-program-","history":"/api/acts/industry-research-and-development-resources-sector-methane-abatement-technology-development-program-/history","analysis":"/api/acts/industry-research-and-development-resources-sector-methane-abatement-technology-development-program-/analysis","conflicts":"/api/acts/industry-research-and-development-resources-sector-methane-abatement-technology-development-program-/conflicts","importantCases":"/api/acts/industry-research-and-development-resources-sector-methane-abatement-technology-development-program-/important-cases","documents":"/api/acts/industry-research-and-development-resources-sector-methane-abatement-technology-development-program-/documents"}}