{"id":"F2024L01546","name":"Industry Research and Development (Resourcing Australia's Prosperity Program) Instrument 2024","slug":"industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442653,"registerId":"F2024L01546-fast-fetch-1775957616529","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Resourcing Australia's Prosperity Program) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Resourcing Australia’s Prosperity Program) Instrument 2024\n\n \n\nI, Madeleine King, Minister for Resources, make the following instrument.\n\nDated: 28 November 2024\n\nMadeleine King\n\nMinister for Resources\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\n \n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Resourcing Australia’s Prosperity 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n1.    For the purposes of subsection 33(1) of the Act, the Resourcing Australia’s Prosperity Program (the program) is prescribed.\n2.    The program provides funding to produce a minerals, energy and groundwater resources prospectus for Australia, including through the following key activities:\n\n\n (a)  collecting and analysing new and existing geoscience data using geophysical, geochemical, geological and other tools and techniques;\n\n \n\n (b)  assessing Australia’s mineral, energy, and groundwater resource potential, geological storage potential, offshore renewable energy site suitability, techno-economics, and environmental, social and governance (ESG) factors;\n\n (c) developing, maintaining and delivering geoscience data and information, decision support tools, and online platforms; and\n\n (d) working with regional communities, industry, landholders, academia and First Nations peoples including through awareness raising, consultation and co-design of projects.\n\n \n\n1.    The purpose of the program is to deliver an improved understanding of Australia’s potential for mineral, energy, and groundwater resources onshore and offshore. The program will identify the resources for a net zero emissions economy, attract investment, accelerate resource discovery and development, secure Australia’s sovereign capability in critical resources development, support agriculture and sustainable management of our natural resources. It will also empower First Nations peoples and local community to understand and manage their land and water resources.\n\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) matters incidental to the exercise of the executive power of the Commonwealth, including enterprises and activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation (see paragraph 51(xxxix) and section 61 of the Constitution);\n\n (b) external affairs (within the meaning of paragraph 51(xxix) of the Constitution);\n\n (c) the races power (within the meaning of paragraph 51(xxvi) of the Constitution); and\n\n (c) the trade and commerce power (within the meaning of paragraph 51(i) of the Constitution).\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":4,"scope_assessment":{"changed":false,"description":"The instrument prescribes a program under s33 and specifies the legislative powers relied on. It does not amend the Act or state that it alters a previously existing program; the text contains no indication that the statutory scope has been changed from an earlier instrument or the Act itself. Based on this instrument alone, no change from the original statutory scope can be identified."},"complexity_factors":["Statutory basis under s33 of the Industry Research and Development Act 1986 and explicit ministerial instrument-making (section 3), requiring legal conformity with the Act.","Specification of multiple constitutional heads of power (section 6: external affairs, trade and commerce, races power, incidental/executive power) creates cross‑jurisdictional legal complexity.","Broad program scope in section 5 covering onshore and offshore minerals, energy, groundwater, ESG, techno‑economics and renewable site suitability increases technical and regulatory overlap.","Obligations to engage regional communities, industry, landholders and First Nations (s5(2)(d)) introduce consultative and procedural complexity, including application of the races power.","Instrument prescribes outcomes (data, platforms, tools) but does not set funding amounts, delivery agencies or operational rules, leaving significant administrative discretion and implementation risk.","Potential interactions with environmental, land access, data governance and heritage laws given data collection and prospecting activities, though those interactions are not detailed in the instrument.","Commencement mechanics (section 2) and the absence of transitional or enforcement provisions mean implementation timing is simple but operational detail is deferred."],"plain_english_summary":"This instrument prescribes the \"Resourcing Australia’s Prosperity Program\" under s33 of the Industry Research and Development Act 1986 and authorises Commonwealth funding to produce a national minerals, energy and groundwater prospectus. It funds geoscience data collection, decision‑support tools and online platforms and mandates engagement with industry, regional communities and First Nations. It affects federal agencies, resource companies, landholders and local communities because it finances and shapes the information and tools that influence exploration, investment and sovereign capability (see s3, s5)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing and describing a single geoscience research program. The scope has not expanded beyond prescribing the program and specifying constitutional authority for it."},"complexity_factors":["Only 6 short sections with minimal conditional language","Just 2 defined terms ('Act' and 'program')","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","Simple declarative structure — 'the program is prescribed', 'the purpose is...'","Single-level lists without nested exceptions or elaborate conditions","Straightforward constitutional head of power listing in section 6 with no interpretive complexity"],"plain_english_summary":"The instrument formally creates the Resourcing Australia's Prosperity Program to map and assess onshore and offshore geological, groundwater and renewable-energy sites, build shared data tools, and work with researchers. It affects regional and First Nations communities (who are to be consulted), mining and energy companies, farmers, universities and the wider public by improving resource information and supporting a net‑zero transition.\n\nLegally, it prescribes the program under the Industry Research and Development Act 1986 and cites relevant constitutional powers."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024","history":"/api/acts/industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024/history","analysis":"/api/acts/industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024/analysis","conflicts":"/api/acts/industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024/conflicts","importantCases":"/api/acts/industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024/important-cases","documents":"/api/acts/industry-research-and-development-resourcing-australia-s-prosperity-program-instrument-2024/documents"}}