{"id":"F2022L00484","name":"Industry Research and Development (Strengthening Business Program) Instrument 2022","slug":"industry-research-and-development-strengthening-business-program-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441328,"registerId":"F2022L00484-fast-fetch-1775956652276","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Strengthening Business Program) Instrument 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\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 (Strengthening Business Program) Instrument 2022\n\nI, Angus Taylor, Minister for Industry, Energy and Emissions Reduction, make the following instrument.\n\nDated: 30 March 2022\n\nAngus Taylor\n\nMinister for Industry, Energy and Emissions Reduction\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\n8  Repeal\n\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Strengthening Business Program) Instrument 2022.\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. Sections 1 to 7 The day after this instrument is registered.\n- 2. Section 8 The later of 1 July 2022 and the day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Strengthening Business Program (the program) is prescribed.\n\n (2) The program provides funding for business advisors to provide business advice services in identified local government areas to businesses adversely affected by the 2019‑2020 bushfire emergency, flooding events or impacts of the coronavirus known as COVID‑19.\n\n6  Specified legislative power\n\n  For the purposes of subsection 33(3) of the Act, the power of the Parliament under paragraph 51(xx) of the Constitution to make laws with respect to foreign corporations and trading or financial corporations formed within the limits of the Commonwealth is specified.\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 providers of business advice services referred to in subsection 5(2) must be foreign, trading or financial corporations to which paragraph 51(xx) of the Constitution applies.\n\n8  Repeal\n\n  The Industry Research and Development (Strengthening Business—Business Advice for Recovery and Resilience Program) Instrument 2020 is repealed.\n\n \n\n \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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2020 instrument (s8) and narrows operational scope by prescribing the Strengthening Business Program (s5) while limiting eligible business-advice providers to corporations subject to paragraph 51(xx) of the Constitution (s7) and by specifying the constitutional basis for that limitation (s6). These elements alter program delivery mechanics compared with not having those provisions."},"complexity_factors":["Short, single-purpose instrument prescribing one program and repealing a prior instrument (sections 5, 8)","Cross-references to the Industry Research and Development Act 1986 and reliance on section 33 for authority (section 3)","Specification of constitutional power (par. 51(xx)) to validate provider eligibility — technical constitutional reference (section 6)","Eligibility limitation requiring providers be foreign, trading or financial corporations — affects who can deliver services and creates an administrative eligibility filter (section 7)","Commencement table with staged effective dates introduces minor timing/operational considerations (section 2)"],"plain_english_summary":"Prescribes the \"Strengthening Business Program\" under the Industry Research and Development Act 1986 to fund business advisers in specified local government areas for businesses harmed by the 2019–20 bushfires, flooding events or COVID‑19 (s5). It requires funded advisers to be foreign, trading or financial corporations under paragraph 51(xx) of the Constitution (s7), states the constitutional power relied on (s6), and repeals a 2020 instrument (s8). The instrument is made by the Minister under s33 of the Act (s3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing a specific disaster recovery program under the Industry Research and Development Act framework. The constitutional limitation to foreign/trading/financial corporations is a jurisdictional necessity rather than scope creep."},"complexity_factors":["Only 8 short sections total","Minimal defined terms (just 2: 'Act' and 'program')","No nested exceptions or conditional logic","Single cross-reference to the parent Act (Industry Research and Development Act 1986)","Straightforward structure: name, commencement, authority, definitions, operative provisions, repeal"],"plain_english_summary":"The Strengthening Business Program funds business advisors to provide free or subsidised advice to small businesses in local government areas affected by the 2019–20 bushfires, floods, and COVID‑19, helping firms recover after major disasters.\n\nTo rely on federal power under s51(xx), advisors must be trading or foreign corporations (excluding sole traders and partnerships). The bill repeals and replaces a 2020 program of the same name."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-strengthening-business-program-instrument-2022","history":"/api/acts/industry-research-and-development-strengthening-business-program-instrument-2022/history","analysis":"/api/acts/industry-research-and-development-strengthening-business-program-instrument-2022/analysis","conflicts":"/api/acts/industry-research-and-development-strengthening-business-program-instrument-2022/conflicts","importantCases":"/api/acts/industry-research-and-development-strengthening-business-program-instrument-2022/important-cases","documents":"/api/acts/industry-research-and-development-strengthening-business-program-instrument-2022/documents"}}