{"id":"F2023L00714","name":"Industry Research and Development (Support Plantation Establishment Program) Instrument 2023","slug":"industry-research-and-development-support-plantation-establishment-program-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441908,"registerId":"F2023L00714-fast-fetch-1775957075844","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Support Plantation Establishment Program) Instrument 2023","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\nmeta-keywords: \"[SEC=OFFICIAL:Sensitive]\"\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 (Support Plantation Establishment Program) Instrument 2023\n\nI, Murray Watt, as delegate of the Minister for Industry and Science, make the following instrument.\n\nDated 31 May 2023    \n\n \n\n \n\nMurray Watt\n\nMurray Watt\n\nMinister for Agriculture, Fisheries and Forestry\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 (Support Plantation Establishment Program) Instrument 2023.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 section 33 of the Industry Research and Development Act 1986.\n\n4  Definitions\n\nNote:          A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a)    entity.\n\nIn this instrument:\n\nAct means the Industry Research and Development Act 1986.\n\nAustralian business means an entity that:\n\n(a)    conducts a business in an Australian State or Territory; and\n\n(b)    has, for the business, an Australian Business Number under the A New Tax System (Australian Business Number) Act 1999.\n\nKyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change, done at Kyoto on 11 December 1997, as in force for Australia from time to time.\n\nNote: The Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS2) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nlong-rotation plantation means a plantation grown and managed to predominantly produce logs for processing into timber used for construction and manufacturing, and where the optimum length of time for maturity of the plantation is expected to be between 25 and 40 years.\n\nplantation has the same meaning as in the Regional Forest Agreements Act 2002.\n\nprogram: see subsection 5(1).\n\nState forestry body means:\n\n(a)      an entity that is established by or under a law of a State; or\n\n(b)     a part of a State government;\n\nthat manages one or more plantations, or engages in forestry-related activities.\n\nTerritory forestry body means:\n\n(a)      an entity that is established by or under a law of a Territory; or\n\n(b)     a part of a Territory government;\n\nthat manages one or more plantations, or engages in forestry-related activities.\n\nUnited Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change, done at New York on 9 May 1992, as in force for Australia from time to time.\n\nNote:  The Convention is in Australian Treaty Series 194 No. 2 ([1994] ATS 2) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Support Plantation Establishment Program (the program) is prescribed.\n\n (2) The program provides funding to Australian businesses, State forestry bodies and Territory forestry bodies to support the establishment of new long‑rotation plantations.\n\n (3) The purpose of the program is to support Australian businesses, State forestry bodies and Territory forestry bodies to:\n\n (a) establish new plantations which are long‑rotation plantations;\n\n (b) reduce carbon emissions through the sequestration of carbon by trees growing in new long‑rotation plantations;\n\n (c) increase the supply of domestically grown timber to the Australian economy.\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) 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)  external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under either or both of the following:\n\n (i) the Kyoto Protocol, particularly Articles 2 and 10;\n\n (ii) the United Nations Framework Convention on Climate Change, particularly Article 4;\n\n (c)  matters in respect of which the Constitution makes provision until the Parliament otherwise provides (within the meaning of paragraph 51(xxxvi) of the Constitution), together with section 96 of the Constitution (financial assistance to States);\n\n (d) the government of a Territory (within the meaning of section 122 of the Constitution).\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend the Act or broaden statutory powers; it prescribes a specific funding program under the authority of section 33 and specifies the constitutional powers relied upon (s3, s5, s6). It confines scope to funding establishment of long‑rotation plantations and defines eligible recipients, so it changes administrative action (creating a program) but does not change the Act’s substantive legislative scope."},"complexity_factors":["Short, targeted instrument that mainly prescribes a single funding program rather than creating complex regulatory regimes (s5).","Relies on and interacts with existing Act definitions and powers — must be read with the Industry Research and Development Act 1986 (s3, s4).","Specifies constitutional heads of power (corporations; external affairs tied to UN climate treaties; financial assistance to States; Territory government) which could raise legal interpretive issues in use and scope of funding (s6).","Administrative discretion in grant-making is central but procedural details and eligibility rules are left to the administering program, creating implementation and compliance risk at the administrative level (s5(2)).","Definitions narrow who is eligible (Australian business requires an ABN; State/Territory forestry bodies defined) which creates observable compliance checks (s4).","Simple commencement and formality provisions limit legal complexity but require coordination for retroactive effect handling only as stated (s2)."],"plain_english_summary":"This instrument prescribes the “Support Plantation Establishment Program”, authorising Commonwealth funding to Australian businesses and State or Territory forestry bodies to establish new long‑rotation plantations. It operates under section 33 of the Industry Research and Development Act 1986 and identifies the constitutional powers relied on (corporations, external affairs, financial assistance to States, and Territory government). Who pays: the Commonwealth through the program. Who decides: the Minister or delegate administering grants. Target behaviour: create long‑rotation plantations to sequester carbon and boost domestic timber supply."},"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 maintains a narrow, focused scope consistent with its title and purpose. It prescribes exactly one program with specific eligibility criteria (long-rotation plantations only) and defined beneficiaries. There is no evidence of scope creep or expansion beyond the original intent of supporting plantation establishment under the Industry Research and Development Act framework."},"complexity_factors":["Very short instrument: only 6 sections spanning approximately 2 pages","Minimal defined terms: only 8 definitions in section 4, most referencing external legislation or treaties","No nested exceptions or conditional logic — straightforward declarative structure","Single operational purpose: prescribing one specific program with clear eligibility criteria","No cross-references beyond standard interpretation references to the parent Act and constitutional provisions","Simple two-column commencement table with standard commencement rule"],"plain_english_summary":"The instrument establishes the Support Plantation Establishment Program to provide funding to Australian businesses (ABN holders), state forestry bodies and territory forestry bodies to establish long‑rotation timber plantations (25–40 years) intended for construction and manufacturing timber. It aims to boost domestic timber supply and sequester carbon, and is made under the Industry Research and Development Act 1986 with specified constitutional powers (corporations, external affairs, financial assistance to states)."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-support-plantation-establishment-program-instrument-2023","history":"/api/acts/industry-research-and-development-support-plantation-establishment-program-instrument-2023/history","analysis":"/api/acts/industry-research-and-development-support-plantation-establishment-program-instrument-2023/analysis","conflicts":"/api/acts/industry-research-and-development-support-plantation-establishment-program-instrument-2023/conflicts","importantCases":"/api/acts/industry-research-and-development-support-plantation-establishment-program-instrument-2023/important-cases","documents":"/api/acts/industry-research-and-development-support-plantation-establishment-program-instrument-2023/documents"}}