{"id":"F2020L01425","name":"Industry Research and Development (Thermochemical Conversion Technology Trial Facility Program) Instrument 2020","slug":"industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440657,"registerId":"F2020L01425-fast-fetch-1775956219141","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Thermochemical Conversion Technology Trial Facility Program) Instrument 2020","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 (Thermochemical Conversion Technology Trial Facility Program) Instrument 2020\n\nI, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.\n\nDated    12 November 2020\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 (Thermochemical Conversion Technology Trial Facility Program) Instrument 2020.\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instrument is registered. 14 November 2020\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nBasel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal means the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal done at Basel on 22 March 1989.\n\nNote: The Convention is in Australian Treaty Series 1992 No. 7 ([1992] ATS 7) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nInternational Covenant on Economic, Social and Cultural Rights means the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966.\n\nNote: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2020 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).\n\nprogram: see subsection 5(1).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Thermochemical Conversion Technology Trial Facility Program (the program) is prescribed.\n\n (2) The program provides funding to ARI Global Technologies Australasia Pty Ltd for the purpose of assisting it to carry out steps preliminary to the construction and operation of a thermochemical conversion technology trial facility for the disposal of asbestos waste, including by:\n\n (a) undertaking planning and risk assessment; and\n\n (b) identifying and assessing possible sites for the facility; and\n\n (c) acquiring a site for the facility; and\n\n (d) obtaining regulatory approvals to operate the facility.\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 that would assist Australia to meet its obligations under either or both of the following:\n\n (i) the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, particularly Articles 1, 2 and 4;\n\n (ii) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 12;\n\n (c) enterprises and activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements a narrowly defined program under s33 of the Act by prescribing the Thermochemical Conversion Technology Trial Facility Program, naming the recipient and the preparatory activities to be funded, and specifying the legislative powers relied on. It does not amend the Act or expand the program beyond the purposes and powers stated in the instrument."},"complexity_factors":["Narrow, single-purpose instrument prescribing funding to one named company (ARI Global Technologies Australasia Pty Ltd)","Direct cross-reference to Industry Research and Development Act 1986 (s33) as legal authority","Explicit listing of preparatory actions required of the company (planning, site identification and acquisition, risk assessment, regulatory approvals) (s5(2)(a)–(d))","Specification of constitutional powers relied on (foreign corporations; external affairs tied to Basel Convention and ICESCR; 'peculiarly adapted' enterprises) which links domestic action to international obligations","Simple commencement mechanics with ministerial signature and specified start date"],"plain_english_summary":"This instrument prescribes the Thermochemical Conversion Technology Trial Facility Program and authorises government funding to ARI Global Technologies Australasia Pty Ltd to prepare for constructing and operating a thermochemical conversion trial facility for asbestos waste. It is made under section 33 of the Industry Research and Development Act 1986 and specifies the constitutional powers relied on.  \n\nThe company is required to undertake planning, site identification and acquisition, risk assessment, and obtain regulatory approvals (s5(2)(a)–(d)). The Commonwealth provides the funding; the instrument affects ARI's project preparation activities and associated costs."},"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":"This instrument has a narrow, specific scope — creating a single program for a single recipient for a specific purpose (asbestos waste disposal technology). There is no indication this has expanded beyond its original intent; it appears designed from the outset as a targeted, limited-purpose instrument."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page)","Only 4 defined terms, all straightforward (Act, two treaties, 'program')","No nested exceptions or conditional logic","Single purpose: prescribe one program for one recipient","Minimal cross-referencing (only references to the parent Act and Constitution)","Straightforward structure: name, commencement, authority, definitions, substance (one program), constitutional basis"],"plain_english_summary":"This instrument creates the Thermochemical Conversion Technology Trial Facility Program to fund ARI Global Technologies Australasia Pty Ltd to plan and prepare a facility using high‑heat thermochemical conversion to destroy asbestos waste. Funding covers planning, site selection and purchase, risk assessments and securing approvals. It matters because asbestos is hazardous and hard to dispose of safely; the program supports testing a potential new disposal method and relies on federal constitutional powers over corporations, treaties and nation‑building."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru","history":"/api/acts/industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru/history","analysis":"/api/acts/industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru/analysis","conflicts":"/api/acts/industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru/conflicts","importantCases":"/api/acts/industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru/important-cases","documents":"/api/acts/industry-research-and-development-thermochemical-conversion-technology-trial-facility-program-instru/documents"}}