{"id":"F2021L01312","name":"Industry Research and Development (Supporting Critical Transmission Infrastructure Program) Instrument 2021","slug":"industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441001,"registerId":"F2021L01312-fast-fetch-1775956439030","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Supporting Critical Transmission Infrastructure 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 (Supporting Critical Transmission Infrastructure Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 20 September 2021\n\nAngus Taylor\n\nMinister for Energy and Emissions Reduction\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 (Supporting Critical Transmission Infrastructure 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instrument is registered. 23 September 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 Supporting Critical Transmission Infrastructure Program (the program) is prescribed.\n\n (2) The program provides direct and indirect financial support for electricity transmission projects that have potential electricity price, reliability or security benefits.\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) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);\n\n (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 (c) external affairs (within the meaning of paragraph 51(xxix) of the Constitution);\n\n (d) 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 (e) the government of a Territory (within the meaning of section 122 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 program include the requirement that at least one of the following is satisfied:\n\n (a) the project relates to the development of an electricity interconnector;\n\n (b) the applicant is a corporation to which paragraph 51(xx) of the Constitution applies, or is owned or controlled by such a corporation;\n\n (c) the project relates to the development of electricity transmission infrastructure outside the geographical limits of Australia;\n\n (d) the support is provided through a grant of financial assistance to a State;\n\n (e) the project is located in a Territory.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose of prescribing a specific program for supporting electricity transmission infrastructure under the Industry Research and Development Act 1986. It has not expanded beyond this narrow administrative function."},"complexity_factors":["Only 7 short sections total","Minimal defined terms (only 2: 'Act' and 'program')","No cross-references to other legislation beyond the parent Act","Simple conditional logic (subsection 7 uses basic 'at least one of' criteria)","No exceptions, exemptions, or nested conditions","Straightforward purpose and operation"],"plain_english_summary":"This is a short legal instrument that creates a government funding program called the **Supporting Critical Transmission Infrastructure Program**.\n\n**What it does:**\n- Sets up a scheme to give money (grants and other financial support) to electricity transmission projects\n- These projects must potentially help with electricity prices, reliability, or security of supply\n\n**Who it affects:**\n- Companies building big electricity infrastructure (like power lines and interconnectors between states)\n- State governments (who can receive grants)\n- Territory-based projects\n\n**Why it matters:**\nThis program allows the federal government to fund critical energy infrastructure without needing new legislation each time. It uses existing powers under the Industry Research and Development Act 1986 to support projects that might otherwise struggle to get built—particularly interstate power lines that help balance electricity supply across the national grid.\n\n**Key requirements to get funding:**\n- The project must be an electricity interconnector (a power line connecting different regions), OR\n- The applicant must be a large trading/financial corporation, OR  \n- The project is overseas, OR\n- It's funded as a grant to a State government, OR\n- It's located in a Territory (ACT, NT, or external territories)\n\nThe instrument also specifies which parts of the Constitution give the federal government power to run this program—covering trade between states, foreign affairs, corporations, and territories."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not amend the Act; it prescribes a specific program under the statutory power in section 33 and sets the eligibility criteria and constitutional powers relied on (see sections 5, 6 and 7). It therefore implements and confines activity to the program described rather than expanding the Act's statutory scope."},"complexity_factors":["Cross-reference to section 33 of the Industry Research and Development Act 1986 — requires reading the Act to understand limits and procedures.","Specification of constitutional heads of power (s51(i), s51(xx), s51(xxix), s51(xxxvi) with s96, and s122) — legal interpretation may be needed for scope.","Broad phrasing of support as \"direct and indirect financial support\" — leaves room for different funding mechanisms and requires administrative guidance.","Eligibility criteria include extraterritorial projects and State grants — introduces interactions with State law and inter-jurisdictional funding arrangements.","Use of constitutional corporation criterion (paragraph 51(xx)) ties eligibility to corporate form and control, requiring factual assessment of applicants.","Limited procedural detail (no application, assessment, or accountability mechanisms included) — practical implementation depends on other instruments or departmental policy."],"plain_english_summary":"This instrument prescribes the `Supporting Critical Transmission Infrastructure Program` under section 33 of the Industry Research and Development Act 1986, authorising direct and indirect financial support for electricity transmission projects that have potential electricity price, reliability or security benefits. It specifies the constitutional heads of power relied on and sets eligibility rules (interconnectors; corporations covered by paragraph 51(xx); projects outside Australia; State grants; Territory location). Project proponents, corporations, States and Territories may seek Commonwealth support only if those criteria are met."},"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"},"summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"Original instrument establishing the Supporting Critical Transmission Infrastructure Program"},"complexity_factors":["Relies on multiple heads of constitutional power to support the program","Eligibility criteria cross-reference specific constitutional categories (corporations, trade and commerce, territories)","Links program scope to technical energy-sector concepts (interconnectors, transmission infrastructure)"],"plain_english_summary":"This instrument creates the Supporting Critical Transmission Infrastructure Program under the Industry Research and Development Act 1986, authorising the Commonwealth to provide direct or indirect financial support (grants and other assistance) for electricity transmission projects that can improve price, reliability or security. Eligibility is tied to constitutional bases (e.g. interconnectors, corporations, external projects, state financial assistance, or territory projects). It gives a clear legal footing for federal funding; affected parties include transmission businesses, project developers and state/territory agencies."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument","history":"/api/acts/industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument/history","analysis":"/api/acts/industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument/analysis","conflicts":"/api/acts/industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument/conflicts","importantCases":"/api/acts/industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument/important-cases","documents":"/api/acts/industry-research-and-development-supporting-critical-transmission-infrastructure-program-instrument/documents"}}