{"id":"F2021L00202","name":"Industry Research and Development (Temporary Refinery Production Payment Program) Instrument 2021","slug":"industry-research-and-development-temporary-refinery-production-payment-program-instrument-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440769,"registerId":"F2021L00202-fast-fetch-1775956288123","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Temporary Refinery Production Payment 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 (Temporary Refinery Production Payment Program) Instrument 2021\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated 2 March 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\n \n\n1  Name\n\n  This instrument is the Industry Research and Development (Temporary Refinery Production Payment 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this instrument is registered. 5 March 2021\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\neligible transport fuel means automotive gasoline, premium automotive diesel, regular automotive diesel and aviation kerosene.\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Temporary Refinery Production Payment Program (the program) is prescribed.\n\n (2) The program provides grants for major oil refineries operating in Australia, calculated by reference to the amount of eligible transport fuel produced by those refineries between 1 January 2021 and 30 June 2021.\n\n (3) The purpose of the program is to maintain Australia’s fuel security through continued operation of onshore refining capability.\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 bounties on the production or export of goods (within the meaning of paragraph 51(iii) of the Constitution) is specified.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument narrowly prescribes a temporary, time‑bound grant program under the Industry Research and Development Act 1986 (s5). It does not expand the statutory scheme beyond prescribing the program, nor does it amend definitions or create ongoing regulatory obligations; detailed implementation (payment rates, eligibility criteria beyond production amounts, and verification) is left unspecified and therefore to administrative action (s3; s5(2))."},"complexity_factors":["Narrow, time‑limited scope (payments only for production between 1 Jan 2021 and 30 Jun 2021) reduces long‑term complexity but requires retrospective measurement and quick administration (s5(2)).","Key terms are minimal: 'eligible transport fuel' is defined (automotive gasoline, premium/regular diesel, aviation kerosene) but 'major oil refineries' is not defined in this instrument, creating a dependency on other sources or administrative definition (s4; s5(2)).","The instrument prescribes payments by reference to production amounts but does not set a payment formula, rates, eligibility thresholds, or verification procedures, shifting implementation detail to administering authorities and increasing operational discretion (s5(2)).","Made under section 33 of the Industry Research and Development Act 1986, so legal effect and limits depend on that Act and any delegated rules or procedures (s3).","Specifies a constitutional power basis (bounties on production or export of goods) which may be relevant to legal characterisation or judicial review but does not itself detail constitutional limits (s6).","Commencement is immediate (day after registration, noted as 5 March 2021), imposing a fast timetable for setup and claims processing (Commencement table)."],"plain_english_summary":"This instrument prescribes the Temporary Refinery Production Payment Program, which provides grants to major oil refineries in Australia calculated by reference to eligible transport fuel produced between 1 January 2021 and 30 June 2021 (s5(1)–(2)). Its stated purpose is to maintain onshore fuel security (s5(3)), and it is made by the Minister under section 33 of the Industry Research and Development Act 1986 (s3)."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument precisely matches its original intent. It is a narrow, time-limited implementing instrument that does exactly what its title suggests: establishes a temporary payment program for refinery production. There is no scope creep or expansion beyond the stated purpose of maintaining fuel security through refinery support."},"complexity_factors":["Extremely short: only 6 operative sections across 2 pages","Minimal defined terms: only 3 definitions in section 4 (Act, eligible transport fuel, program)","No cross-references to other legislation beyond the parent Act and Constitution","No conditional logic, exceptions, or nested provisions","Straightforward purpose and operation with no administrative machinery","Single simple formula: payment based on volume of specified fuels produced in fixed 6-month window"],"plain_english_summary":"This instrument creates a temporary grant scheme—the Temporary Refinery Production Payment Program—paying Australia’s major oil refineries based on fuel they produced from 1 Jan to 30 Jun 2021. It targets petrol, diesel and jet fuel output to shore up domestic refining.\n\nIt affects refineries (as recipients), the Australian Government (as payer) and, indirectly, fuel users by preserving local supply. The measure is prescribed under the Industry Research and Development Act 1986, using the federal “bounties on production” power."},"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-temporary-refinery-production-payment-program-instrument-2021","history":"/api/acts/industry-research-and-development-temporary-refinery-production-payment-program-instrument-2021/history","analysis":"/api/acts/industry-research-and-development-temporary-refinery-production-payment-program-instrument-2021/analysis","conflicts":"/api/acts/industry-research-and-development-temporary-refinery-production-payment-program-instrument-2021/conflicts","importantCases":"/api/acts/industry-research-and-development-temporary-refinery-production-payment-program-instrument-2021/important-cases","documents":"/api/acts/industry-research-and-development-temporary-refinery-production-payment-program-instrument-2021/documents"}}