{"id":"F2021L01509","name":"Industry Research and Development (Soil Program) Instrument 2021","slug":"industry-research-and-development-soil-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441053,"registerId":"F2021L01509-fast-fetch-1775956474937","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Soil Program) Instrument 2021","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 (Soil Program) Instrument 2021\n\nI, David Littleproud, as delegate of the Minister for Industry, Science and Technology, make the following instrument.\n\nDated 14 October 2021\n\nDavid Littleproud\n\nMinister for Agriculture and Northern Australia\n\n \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\n7 Eligibility criteria relating to program\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Soil Program) Instrument 2021.\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instrument is registered. 3 November 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n (1) For the purposes of subsection 33(1) of the Act, the Soil Program (the program) is prescribed.\n\n (2) The program:\n\n (a) provides funding to researchers to conduct research relating to soil science; and\n\n (b) provides funding to the Australian Society of Soil Science Incorporated to develop and implement:\n\n (i) a program for the accreditation of soil practitioners; and\n\n (ii) education resources relevant to the accreditation program; and\n\n (c) provides payments for soil data; and\n\n (d) provides funding to enable:\n\n (i) the collection of soil samples, including by land managers; and\n\n (ii) accredited laboratories to test the soil samples, analyse the test results and provide the data obtained from the testing and analysis to the Commonwealth.\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) for the parts of the program covered by paragraphs 5(2)(a) and (b)—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) for the parts of the program covered by paragraphs 5(2)(c) and (d)—census and statistics (within the meaning of paragraph 51(xi) of the Constitution).\n\n7  Eligibility criteria relating to program\n\n  For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the part of the program covered by paragraph 5(2)(a) includes the requirement that applicants must be trading or financial corporations to which paragraph 51(xx) of the Constitution applies.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument does not alter the statutory grant-making power; it prescribes and defines the Soil Program under section 33 of the Industry Research and Development Act 1986 and specifies which constitutional heads support which program parts. It also sets an eligibility limit for research funding (trading/financial corporations). It therefore clarifies scope and legal basis rather than expanding or contracting the underlying Act's powers (see s3, s5, s6, s7)."},"complexity_factors":["Multiple funding streams and activities are authorised in one instrument (research grants; accreditation and education; payments for soil data; sample collection and lab testing) — see s5(2)(a)–(d).","Different constitutional powers are invoked for different parts of the program, requiring separate legal bases (corporations power for research/accreditation; census/statistics power for data and testing) — see s6(a)–(b).","Eligibility restriction limits applicants for the research funding component to trading or financial corporations, narrowing who can access those funds — see s7.","Obligation on accredited laboratories to provide testing and analysis data to the Commonwealth creates a reporting/data transfer requirement with operational and privacy implications — see s5(2)(d)(ii) and s5(2)(c).","Delegated instrument made under s33 of the Industry Research and Development Act 1986 — legal effect depends on and is constrained by that Act (authority) — see s3.","Delegation of accreditation program delivery to a specific incorporated body (Australian Society of Soil Science) creates a public–private implementation arrangement with potential governance and accountability questions — see s5(2)(b).","Compliance and administrative burdens fall on multiple private actors (land managers collecting samples; laboratories testing and transmitting data; corporate applicants meeting eligibility) — see s5(2)(d) and s7.","Potential interpretive/legal risk where program activities span distinct constitutional heads and statutory obligations, increasing litigation or amendment risk — see s6 and s5."],"plain_english_summary":"Prescribes the Soil Program under the Industry Research and Development Act 1986, authorising Commonwealth funding for soil science research, accreditation work by the Australian Society of Soil Science, payments for soil data, collection of samples and laboratory testing (including delivery of results to the Commonwealth). It affects researchers, the Society, land managers, accredited laboratories and applicants; eligibility for research funding is limited to trading or financial corporations. It sets funding, data‑reporting and eligibility rules."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of establishing the Soil Program with four specific funding streams (research, accreditation, data payments, and sampling/testing). There is no evidence of scope creep; the content matches the title and intent."},"complexity_factors":["Very short instrument (only 7 sections)","Minimal defined terms (only 2: 'Act' and 'program')","Simple structure with no nested exceptions or conditional logic","Straightforward cross-references limited to the parent Act (Industry Research and Development Act 1986) and Constitution","No penalty provisions, offence sections, or enforcement mechanisms","Single eligibility criterion specified (trading or financial corporations for research funding only)"],"plain_english_summary":"The instrument creates the \"Soil Program,\" a Commonwealth funding scheme to support soil research, establish professional accreditation and training for soil practitioners, buy soil data, and pay for collecting and testing soil samples through accredited labs. It targets researchers, the Australian Society of Soil Science, land managers (including farmers), testing labs, and data suppliers.\n\nIt matters because it legally enables coordinated national soil data collection, professionalisation of soil science, and government investment in soil-health-driven land management and productivity."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-soil-program-instrument-2021","history":"/api/acts/industry-research-and-development-soil-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-soil-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-soil-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-soil-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-soil-program-instrument-2021/documents"}}