{"id":"F2019L01504","name":"Industry Research and Development (Space Infrastructure Fund Program) Instrument 2019","slug":"industry-research-and-development-space-infrastructure-fund-program-instrument-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440307,"registerId":"F2019L01504-fast-fetch-1775955990103","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Space Infrastructure Fund Program) Instrument 2019","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 (Space Infrastructure Fund Program) Instrument 2019\n\nI, Karen Andrews, Minister for Industry, Science and Technology, make the following instrument.\n\nDated 25 November 2019\n\nKaren Andrews\n\nMinister for Industry, Science and Technology\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 (Space Infrastructure Fund Program) Instrument 2019.\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instrument is registered. 26 November 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nAustralian Civil Space Strategy means the Advancing Space: Australian Civil Space Strategy 2019‑2028, as that document exists at the time this instrument commences.\n\nNote: The Advancing Space: Australian Civil Space Strategy 2019‑2028 could in 2019 be viewed on the Department’s website (https://www.industry.gov.au).\n\nprogram means the Space Infrastructure Fund Program.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the program is prescribed.\n\n (2) The program provides funding to support the implementation of the Australian Civil Space Strategy (which includes addressing infrastructure gaps that might limit growth in Australia’s space sector and supporting the development of related platforms), including by providing funding for the following:\n\n (a) to establish or update mission control facilities to allow users to communicate with, and control, space‑based assets (including satellites) and to access space‑enabled data;\n\n (b) to establish or update facilities to support the development of skills, manufacturing capabilities and new objects for the space sector;\n\n (c) to establish or update robotics and artificial intelligence command and control facilities to allow users to communicate with, and control, autonomous and robotic systems in space;\n\n (d) to establish or update space data analysis facilities to allow users to analyse space‑enabled data (including data collected from satellites and astronomical and meteorological data), including for the use of the data in the following:\n\n (i) maritime surveillance;\n\n (ii) the provision of emergency services;\n\n (iii) the agriculture, mining, and oil and gas sectors;\n\n (e) to upgrade existing facilities to support commercial tracking of satellites and spacecraft and to enhance Australia’s ability to collaborate with international partners in relation to space‑related matters;\n\n (f) to expand and improve facilities for the certification and qualification of objects and equipment for space (including satellites).\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) postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution);\n\n (b) astronomical and meteorological observations (within the meaning of paragraph 51(viii) of the Constitution);\n\n (c) 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 (d) activities relating to places, persons, matters or things external to Australia or matters affecting Australia’s relations with foreign countries;\n\n (e) measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.\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 program include the requirement that applicants for funding for the activities described in paragraphs 5(2)(a) and (c) must be trading or financial corporations to which paragraph 51(xx) of the Constitution applies.\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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing the Space Infrastructure Fund Program as a vehicle for grant funding under the Industry Research and Development Act 1986. The scope matches the policy intent announced with the Australian Civil Space Strategy 2019-2028, covering the six infrastructure categories originally contemplated. There is no evidence of scope creep or expansion beyond the initial $150 million fund purpose."},"complexity_factors":["Only 7 short sections covering basic administrative matters (name, commencement, authority, definitions, program description, constitutional basis, and eligibility)","Minimal defined terms (only 3: 'Act', 'Australian Civil Space Strategy', and 'program')","No cross-references to other legislation beyond the parent Act (Industry Research and Development Act 1986) and the Constitution","Simple structure with no nested conditions, exceptions, or procedural requirements","Straightforward eligibility criteria limited to one specific requirement for two types of facilities","No penalty provisions, compliance mechanisms, or enforcement sections"],"plain_english_summary":"Creates the Space Infrastructure Fund Program under the Industry Research and Development Act 1986 to award grants for six types of space infrastructure (mission control, manufacturing/skills, robotics/AI command, space data analysis, satellite-tracking upgrades, and certification facilities). \n\nIt enables distribution of the government’s $150 million fund, affects Australian businesses, research organisations and government bodies, and requires mission control and robotics/AI applicants be trading or financial corporations, aligning spending with the 10-year space strategy and constitutional funding powers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not alter the statutory powers of the Act; it prescribes a program and sets the program's eligible activities and an applicant restriction for certain activities. Mechanically, it narrows eligibility for mission‑control and robotics funding to trading/financial corporations and ties funded activities to the Australian Civil Space Strategy, but it does not expand or remove the Act's underlying legislative scope."},"complexity_factors":["Cross‑references to the Industry Research and Development Act 1986 (s33) to give the instrument legal effect","Specification of multiple categories of eligible infrastructure projects rather than a single activity","Use of constitutional heads of power (paragraphs 51(v), 51(viii), 51(xx)) to identify legislative bases","Eligibility limitation requiring applicants for certain activities to be trading or financial corporations (creates a legal test/verification step)","Defined reference to an external policy document (Australian Civil Space Strategy) rather than reproducing its content","Formal commencement table and instrument‑making particulars (technical formalities)"],"plain_english_summary":"This instrument prescribes the \"Space Infrastructure Fund Program\" under section 33 of the Industry Research and Development Act 1986 and commences on 26 November 2019. It authorises government funding to build or upgrade space infrastructure (mission control, robotics/AI command and control, space‑data analysis, satellite tracking, certification and related facilities) to implement the Australian Civil Space Strategy. Applicants for mission‑control and robotics/AI command funding must be trading or financial corporations (Constitution s51(xx)), creating a clear eligibility and verification requirement."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-space-infrastructure-fund-program-instrument-2019","history":"/api/acts/industry-research-and-development-space-infrastructure-fund-program-instrument-2019/history","analysis":"/api/acts/industry-research-and-development-space-infrastructure-fund-program-instrument-2019/analysis","conflicts":"/api/acts/industry-research-and-development-space-infrastructure-fund-program-instrument-2019/conflicts","importantCases":"/api/acts/industry-research-and-development-space-infrastructure-fund-program-instrument-2019/important-cases","documents":"/api/acts/industry-research-and-development-space-infrastructure-fund-program-instrument-2019/documents"}}