{"id":"F2024L00109","name":"Industry Research and Development (Silicon Quantum Computing Support Program) Instrument 2024","slug":"industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442259,"registerId":"F2024L00109-fast-fetch-1775957312827","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Silicon Quantum Computing Support 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 (Silicon Quantum Computing Support Program) Instrument 2024\n\nI, Ed Husic, Minister for Industry and Science, make the following instrument.\n\n \n\nDated: 25 January 2024\n\nEd Husic\n\nMinister for Industry and Science\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\n1  Name\n\n  This instrument is the Industry Research and Development (Silicon Quantum Computing Support 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nappointed person means a person appointed by the Commonwealth to act as a nominee director on the board of directors of SQC.\n\nprogram: see subsection 5(1).\n\nremuneration includes salary, allowances, benefits and superannuation.\n\nSQC means Silicon Quantum Computing Pty Ltd (ACN 619 102 608).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Silicon Quantum Computing Support Program (the program) is prescribed.\n\n (2) The program is to support an appointed person to perform their functions, powers and duties as a nominee director of SQC, including by providing for their engagement and remuneration.\n\n (3) The purpose of the program is to support SQC in carrying out its activities, particularly nationally significant research and development in the field of quantum computing.\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) 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 (b) 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 \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument, as presented, is a stand-alone prescription of a new program under section 33 of the Industry Research and Development Act 1986. It does not reference or amend any earlier instrument or indicate that it is narrowing or expanding a prior prescription. No textual evidence in this instrument shows a change from an earlier scope."},"complexity_factors":["Short, narrowly focused instrument with clear definitions (s4) and a single prescribed program (s5)","Absence of operational detail on appointments, remuneration rates or funding source (s5(2)) increases implementation uncertainty","Delegation of appointment and support to the Commonwealth creates administrative discretion without procedural constraints in this text (s4; s5(2))","Relies on external legislative authority (Industry Research and Development Act 1986, asserted at s3) and specifies constitutional powers relied on (s6)","Potential governance implications for a private company (nominee director) require coordination between administrative action and corporate governance rules"],"plain_english_summary":"What this instrument does\n\n- This instrument formally creates the \"Silicon Quantum Computing Support Program\" as a prescribed program under the Industry Research and Development Act 1986 (see s3 and s5(1)).\n- The program is designed to support a single \"appointed person\" — defined as someone appointed by the Commonwealth to act as a nominee director on the board of Silicon Quantum Computing Pty Ltd (SQC) (see s4 and s5(2)).\n- The support explicitly includes providing for the appointed person’s engagement and remuneration; the instrument does not set rates or funding arrangements (see s5(2)).\n- The stated purpose is to support SQC in carrying out its activities, notably nationally significant research and development in quantum computing (see s5(3)).\n- The instrument takes effect the day after it is registered (see s2).\n- The instrument records the constitutional heads of power relied on for the legal basis (corporations power and certain executive/national-government powers) (see s6).\n\nWho decides and who benefits\n\n- The Commonwealth appoints the nominee director (the \"appointed person\") (see s4 definition). The instrument prescribes support for that appointed person (see s5(2)).\n- The direct, concentrated beneficiary named in the instrument is SQC; the program is targeted at supporting SQC’s R&D activity (see s5(3)).\n\nWhat it changes mechanically\n\n- It authorises (as a prescribed program) support for a Commonwealth-appointed nominee director of SQC, including arrangements for engagement and payment (s5(1)–(2)).\n- It does not itself set out detailed employment terms, payment amounts, who will pay, or procedural steps for appointment; those details would need to be provided elsewhere or by implementing action (see s5(2) and s4).\n\nPractical implications, trade-offs and implementation points to watch (source-grounded)\n\n- Decision-making and incentives: inserting a Commonwealth-appointed nominee director onto SQC’s board changes the company’s governance composition and the decision-making environment (s4; s5(2)). The instrument establishes the authority to place such a director but does not limit or describe the nominee’s specific powers, voting rights or reporting lines.\n- Who pays: the instrument states support may include remuneration and engagement (s5(2)) but does not name a funding source, amounts, or appropriation mechanism. The absence of funding detail creates an implementation requirement for whoever administers the program to decide and document how payments are made.\n- Administrative discretion and implementation risk: the instrument delegates choice (appointment, engagement terms, remuneration) to the Commonwealth or its agents without prescribing procedural constraints or transparency measures in this text (s4; s5(2)). That creates reliance on subsequent administrative instruments, contracts or policies to define limits and processes.\n- Compliance burden and obligations: the instrument does not impose new statutory duties on SQC in the text; it prescribes support for the appointed person and identifies the program purpose (s5). Any operational obligations on SQC would need to be created by other arrangements (contracts, grant agreements, or corporate governance instruments).\n- Concentrated benefits and diffuse costs: the named beneficiary is a single company (SQC) (s5(3)). The instrument does not specify who bears program costs; if costs are met from Commonwealth funds, those costs would be borne through Commonwealth budgeting processes (no funding detail in the instrument) (s5(2)).\n- Legal basis: the instrument identifies the constitutional powers relied upon for the Parliament to make laws supporting the program (corporations power and certain national-government powers) (s6). That specifies the legal footing but does not by itself determine operational arrangements.\n\nBottom line\n\n- Mechanically, the instrument creates authority to place and support a Commonwealth-appointed nominee director on SQC’s board, including paying them, with the stated objective of supporting SQC’s nationally significant quantum computing R&D (s5(1)–(3)). It delegates appointment and support arrangements to the Commonwealth but does not supply the operational details or funding arrangements in the instrument itself (s4; s5(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, purpose-built instrument that does exactly what its title suggests – it establishes a support program for Silicon Quantum Computing. There is no evidence of scope creep; the instrument precisely matches its stated purpose of enabling government support for SQC through board representation."},"complexity_factors":["Extremely short – only 6 sections spanning approximately 1 page","Only 5 defined terms in section 4","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986)","No conditional logic, exceptions, or nested provisions","Straightforward purpose and operation with minimal procedural requirements","Single, clear objective: prescribe a program and specify constitutional heads of power"],"plain_english_summary":"This legislation creates a government support program for Silicon Quantum Computing Pty Ltd (SQC), an Australian company developing quantum computing technology.\n\n**What it does:**\n- Establishes the \"Silicon Quantum Computing Support Program\" under the Industry Research and Development Act 1986\n- Allows the Commonwealth to appoint a person (called a \"nominee director\") to sit on SQC's board of directors\n- Provides funding for that appointed person's salary, allowances, benefits, and superannuation\n\n**Who it affects:**\n- **SQC** – the company receives government support for its research activities\n- **The appointed director** – someone selected by the government to represent Commonwealth interests on SQC's board\n- **Taxpayers** – public money funds the director's remuneration\n\n**Why it matters:**\nQuantum computing is considered a strategically important technology for Australia's future. This program lets the government have direct oversight of SQC (through the board seat) while supporting the company's research and development. It's a way for the government to invest in cutting-edge technology while maintaining some control over how public funds are used.\n\nThe legislation relies on two constitutional powers: the corporations power (covering trading companies) and the \"nationhood power\" (covering activities that only national governments can properly undertake)."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024","history":"/api/acts/industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024/history","analysis":"/api/acts/industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024/analysis","conflicts":"/api/acts/industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024/conflicts","importantCases":"/api/acts/industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024/important-cases","documents":"/api/acts/industry-research-and-development-silicon-quantum-computing-support-program-instrument-2024/documents"}}