{"id":"F2024L00266","name":"Industry Research and Development (Small Business Cyber Resilience Service Program) Instrument 2024","slug":"industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442301,"registerId":"F2024L00266-fast-fetch-1775957346510","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Small Business Cyber Resilience Service Program) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth coat of arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (Small Business Cyber Resilience Service Program) Instrument 2024\n\nI, Julie Collins, Minister for Housing, Minister for Homelessness and Minister for Small Business, make the following instrument.\n\nDated   1 March 2024\n\n \n\nJulie Collins\n\nMinister for Housing  Minister for Homelessness  Minister for Small Business  for the Minister for Industry and Science\n\n \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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Small Business Cyber Resilience Service 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 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\n (1) For the purposes of subsection 33(1) of the Act, the Small Business Cyber Resilience Service Program (the program) is prescribed.\n\n (2) The program provides funding for the provision of expert advice and assistance delivered by telephone, or by way of the internet, to small businesses on matters relating to cyber security.\n\n (3) The purpose of the program is to build the cyber security capability and resilience of small businesses, as well as to support small businesses to recover after experiencing a cyber incident.\n\n6  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 postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution) is specified.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains a narrow, focused scope consistent with its title and apparent original intent. It simply prescribes a specific cyber resilience program for small businesses without expanding into broader areas of industry policy or research and development."},"complexity_factors":["Extremely short: only 6 operative sections across 2 pages","Minimal defined terms: only 2 definitions in section 4 ('Act' and 'program')","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 no sub-delegations or administrative machinery","Single straightforward constitutional basis specified in section 6"],"plain_english_summary":"This instrument establishes the Small Business Cyber Resilience Service Program, a government-funded helpline providing phone and online expert advice to help Australian small businesses prevent and recover from cyber incidents. \n\nBy prescribing the program under the Industry Research and Development Act 1986 and relying on postal and telecommunications powers, it creates the legal basis for funding and delivering subsidised or free cybersecurity guidance to vulnerable small firms and the service providers who assist them."},"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":false,"description":"The instrument does not expand or reduce the Act's statutory powers. It merely prescribes a named program, defines its purpose and service mode (telephone/internet) and specifies the constitutional power relied on (s5(1)–(3); s6). Operational detail and implementation are left to subsequent administrative instruments or arrangements."},"complexity_factors":["Short, single-purpose instrument that simply prescribes a program rather than creating new regulatory regimes (s5(1))","Clear, narrow service description: funding for expert advice by telephone or internet (s5(2)), which lowers substantive legal complexity","No operational detail (eligibility, delivery conditions, grant terms) included, creating reliance on separate implementation instruments or administrative decisions","Made under the Industry Research and Development Act 1986 and tied to subsection 33, so legal effect depends on interplay with that Act","Specifies the constitutional head of power relied on (postal/telegraphic/telephonic services under paragraph 51(v)) which narrows constitutional risk analysis to a single head (s6)","Low direct compliance burden on small businesses as the instrument funds advisory services rather than imposing obligations; administrative discretion remains over program delivery"],"plain_english_summary":"This instrument prescribes the \"Small Business Cyber Resilience Service Program\" under the Industry Research and Development Act 1986 and authorises Commonwealth funding for expert cyber-security advice delivered by telephone or online to small businesses (s5(1)–(2)).\n\nIts stated purpose is to build small businesses' cyber capability and support recovery after incidents; the instrument sets the program's scope and purpose but does not set operational rules (eligibility, delivery, contracting), so those decisions fall to implementing arrangements (s5(3); s6)."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024","history":"/api/acts/industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024/history","analysis":"/api/acts/industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024/analysis","conflicts":"/api/acts/industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024/conflicts","importantCases":"/api/acts/industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024/important-cases","documents":"/api/acts/industry-research-and-development-small-business-cyber-resilience-service-program-instrument-2024/documents"}}