{"id":"F2024L01311","name":"Industry Research and Development (Streamlining External Dispute Resolution for Scams Program) Instrument 2024","slug":"industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442609,"registerId":"F2024L01311-fast-fetch-1775957579939","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Streamlining External Dispute Resolution for Scams 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 (Streamlining External Dispute Resolution for Scams Program) Instrument 2024\n\nI, Stephen Jones, Assistant Treasurer and Minister for Financial Services, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated   14 October 2024\n\n \n\nStephen Jones\n\nAssistant Treasurer  Minister for Financial Services\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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Streamlining External Dispute Resolution for Scams 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.\n\nAct means the Industry Research and Development Act 1986.\n\nADI (short for authorised deposit-taking institution) has the meaning given by the Banking Act 1959.\n\nelectronic service has the meaning given by the Online Safety Act 2021.\n\nprogram: see subsection 5(1).\n\ntelecommunications industry has the meaning given by the Telecommunications Act 1997.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Streamlining External Dispute Resolution for Scams Program (the program) is prescribed.\n\n (2) The program provides funding by way of a grant to the Australian Financial Complaints Authority Limited (ABN 38 620 494 340).\n\n (3) The purpose of the program is to facilitate the Australian Financial Complaints Authority Limited to prepare for, and implement all systems necessary for, operating an external dispute resolution scheme for dealing with complaints to one or more of the following about scams:\n\n (a) ADIs;\n\n (b) participants in the telecommunications industry;\n\n (c) providers of electronic services.\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 the following matters are specified:\n\n1.     postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution);\n2.     banking, other than State banking; also State banking extending beyond the limits of the State concerned, the incorporation of banks, and the issue of paper money (within the meaning of paragraph 51(xiii) of the Constitution);\n3.     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","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument establishes and prescribes a new grant-funded program consistent with its stated purpose (s5). The text contains no amendments to prior instruments or expansions beyond the program described, and it does not alter the substantive scope of the Industry Research and Development Act."},"complexity_factors":["Cross-sector scope covering banking (ADIs), telecommunications participants and providers of electronic services (s5(3)) increases coordination requirements across different regulatory regimes.","Grant funding mechanism under the Industry Research and Development Act relies on subsection 33(1) and delegates substantive implementation to AFCA (s5(1)–(2)), concentrating design discretion in a non‑government body.","Definitions reference multiple external Acts (Banking Act 1959, Telecommunications Act 1997, Online Safety Act 2021) which requires cross‑referencing to determine precise coverage (s4).","Specified constitutional powers are listed (s6) to support Commonwealth legislative competence, adding a constitutional framing step for legal advisors.","Instrument is procedurally simple but leaves operational detail (scope of complaints, provider obligations, timelines, accountability) to be filled in by AFCA and implementing arrangements, creating implementation and oversight complexity."],"plain_english_summary":"This instrument creates the \"Streamlining External Dispute Resolution for Scams Program\" under the Industry Research and Development Act 1986. It authorises a Commonwealth grant to the Australian Financial Complaints Authority (AFCA) to prepare and implement systems for an external dispute resolution scheme for complaints about scams involving authorised deposit-taking institutions, telecommunications participants and providers of electronic services. Who pays: the Commonwealth by grant; who implements and decides operational detail: AFCA."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It simply establishes the administrative mechanism (prescribing the program under the Industry Research and Development Act) to fund AFCA's scam dispute resolution work. There is no scope creep or expansion beyond the stated objective of streamlining external dispute resolution for scams."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page of substantive content)","Only 5 defined terms, all referencing external legislation rather than creating new definitions","No conditional logic, exceptions, or nested provisions","Single straightforward purpose: prescribe a program and specify constitutional heads of power","No cross-references to other parts of the instrument itself","Standard template structure (Name, Commencement, Authority, Definitions, Substantive provisions)"],"plain_english_summary":"This instrument establishes the Streamlining External Dispute Resolution for Scams Program, authorising grant funding to AFCA to create a single dispute‑resolution stream for scam complaints across banks, telcos and online service providers. It affects authorised deposit‑taking institutions, telecommunications and electronic service providers, and scam victims, aiming to stop victims being bounced between multiple ombudsmen. Made as a delegated instrument under the Industry Research and Development Act 1986, it cites Commonwealth powers over banking, telecoms and corporations."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum","history":"/api/acts/industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum/history","analysis":"/api/acts/industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum/analysis","conflicts":"/api/acts/industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum/conflicts","importantCases":"/api/acts/industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum/important-cases","documents":"/api/acts/industry-research-and-development-streamlining-external-dispute-resolution-for-scams-program-instrum/documents"}}