{"id":"F2022L01739","name":"Industry Research and Development (Waverley Mills Upgrade Program) Instrument 2022","slug":"industry-research-and-development-waverley-mills-upgrade-program-instrument-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441681,"registerId":"F2022L01739-fast-fetch-1775956927666","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (Waverley Mills Upgrade 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 (Waverley Mills Upgrade Program) Instrument 2022\n\nI, Ed Husic, Minister for Industry and Science, make the following instrument.\n\n \n\nDated 20 December 2022\n\nEd Husic\n\nMinister for Industry and Science\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 (Waverley Mills Upgrade 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. 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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n  In this instrument:\n\nAct means the Industry Research and Development Act 1986.\n\nprogram: see subsection 5(1).\n\nWaverley Mills means Waverley Mills Pty Ltd (ABN 32 650 825 648).\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the Waverley Mills Upgrade Program (the program) is prescribed.\n\n (2) The program provides funding to Waverley Mills to upgrade its equipment, machinery and associated services.\n\n \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\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose. It prescribes exactly one program for exactly one company with exactly one purpose (equipment upgrades). There is no scope creep — it does not create ongoing schemes, expand to other recipients, or add ancillary functions beyond the specific Waverley Mills funding approval."},"complexity_factors":["Extremely short: only 6 operative sections across 2 pages","Minimal defined terms: only 3 definitions in section 4 (Act, program, Waverley Mills)","No cross-references beyond the parent Act and Constitution","No conditional logic, exceptions, or procedural requirements","Single-purpose instrument with linear structure (name, commencement, authority, definitions, substance, constitutional basis)","No delegated legislative powers or subordinate instruments created"],"plain_english_summary":"The instrument creates the Waverley Mills Upgrade Program, prescribing a targeted government funding stream to Waverley Mills Pty Ltd to buy new equipment, machinery and related services. It operates under the Industry Research and Development Act 1986 so the subsidy is formally authorized, affecting Waverley Mills directly and Australian taxpayers indirectly. The instrument notes the constitutional basis in the corporations power, signaling federal authority to fund a trading corporation’s industrial upgrade."},"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"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines itself to prescribing a single program that provides funding to Waverley Mills to upgrade equipment and services (s5). It does not broaden or narrow the Act’s general power beyond specifying the program and the constitutional head of power relied on (s6), so it does not change the statutory scope established by section 33 of the Act; it implements that power for a named beneficiary without adding new regulatory obligations."},"complexity_factors":["Narrow, single-company prescription — the program is explicitly for Waverley Mills (s5(1)–(2)), reducing policy complexity but creating concentrated benefit.","Statutory cross-reference — instrument is made under section 33 of the Industry Research and Development Act 1986 (s3), requiring interpretation against the parent Act.","Constitutional specification — identifies paragraph 51(xx) (s6) as the head of power, adding a legal-technical element.","Minimal operational detail — no eligibility criteria, funding amount, timing, reporting, or conditions are set in the instrument, leaving administrative discretion to implementors.","Formal commencement mechanics are standard but require attention to registration timing (s2)."],"plain_english_summary":"This instrument, made by the Minister under the Industry Research and Development Act 1986, prescribes the “Waverley Mills Upgrade Program” and provides government funding to Waverley Mills to upgrade its equipment, machinery and associated services. It takes effect the day after registration. It names a single corporate beneficiary and identifies the constitutional power relied on (foreign and trading corporations), so it matters because it directs public funds to a specified company and activates the Act’s funding mechanism."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-waverley-mills-upgrade-program-instrument-2022","history":"/api/acts/industry-research-and-development-waverley-mills-upgrade-program-instrument-2022/history","analysis":"/api/acts/industry-research-and-development-waverley-mills-upgrade-program-instrument-2022/analysis","conflicts":"/api/acts/industry-research-and-development-waverley-mills-upgrade-program-instrument-2022/conflicts","importantCases":"/api/acts/industry-research-and-development-waverley-mills-upgrade-program-instrument-2022/important-cases","documents":"/api/acts/industry-research-and-development-waverley-mills-upgrade-program-instrument-2022/documents"}}