{"id":"F2024L01071","name":"Industry Research and Development (WHS Accreditation Scheme Residential Builders Assistance Grant Program) Instrument 2024","slug":"industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442552,"registerId":"F2024L01071-fast-fetch-1775957528680","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industry Research and Development (WHS Accreditation Scheme Residential Builders Assistance Grant Program) Instrument 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nIndustry Research and Development (WHS Accreditation Scheme Residential Builders Assistance Grant Program) Instrument 2024\n\nI, Murray Watt, Minister for Employment and Workplace Relations, as delegate of the Minister for Industry and Science, make the following instrument.\n\n \n\nDated: 28 August 2024\n\nMurray Watt\n\nMinister for Employment and Workplace Relations\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 (WHS Accreditation Scheme Residential Builders Assistance Grant Program) Instrument 2024.\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The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nHAFFF (for Housing Australia Future Fund Facility) has the same meaning as in the Housing Australia Investment Mandate Direction 2018.\n\nNHAF (for National Housing Accord Facility) has the same meaning as in the Housing Australia Investment Mandate Direction 2018.\n\nWHS Accreditation Scheme means the Work Health and Safety Accreditation Scheme referred to in section 43 of the Federal Safety Commissioner Act 2022.\n\n5  Prescribed program\n\n (1) For the purposes of subsection 33(1) of the Act, the WHS Accreditation Scheme Residential Builders Assistance Grant Program (the program) is prescribed.\n\n (2) To support the timely rollout of HAFFF-funded projects and NHAF-funded projects, the program provides grants to enable peak building industry employer associations to assist residential builders to obtain accreditation under the WHS Accreditation Scheme, so that those builders’ projects can be funded under the HAFFF or the NHAF.\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 matters incidental to the execution of the powers vested by the Constitution in the Parliament to make laws with respect to the following matters (within the meaning of paragraph 51(xxxix)) is specified:\n\n (a) the naval and military defence of the Commonwealth and of the several States (within the meaning of paragraph 51(vi) 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) the people of any race for whom it is deemed necessary to make special laws (within the meaning of paragraph 51(xxvi) 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\n \n","sortOrder":0}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, purpose-built instrument that does exactly what it says on the tin: prescribe a specific grant program under the Industry Research and Development Act 1986. It has not expanded beyond its original intent."},"complexity_factors":["Very short instrument (6 sections, ~2 pages)","Only 4 defined terms, all referencing external instruments","No conditional logic or nested exceptions","Single operational provision (section 5) with straightforward purpose","No substantive rules about eligibility, application process, or grant conditions—these presumably sit in program guidelines or separate determinations","Standard constitutional 'peg' section (section 6) common to many Commonwealth statutory instruments"],"plain_english_summary":"This bill creates the WHS Accreditation Scheme Residential Builders Assistance Grant Program, funding peak building industry associations to help residential builders obtain required Work Health and Safety accreditation so they can bid on federally funded housing projects.  \n\nIt targets smaller builders lacking accreditation, enables participation in HAFFF/NHAF-funded contracts, and aims to speed delivery of social and affordable housing by removing an accreditation barrier; the bill’s validity is supported by several federal constitutional powers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument prescribes a program under the existing power in subsection 33(1) of the Industry Research and Development Act 1986 and specifies constitutional heads of power (ss3,5,6). It does not amend the Act or alter the statute’s substantive powers; it sets out a targeted grant purpose rather than expanding legislative scope."},"complexity_factors":["Single-purpose, short instrument with limited provisions (ss1–6)","Relies on statutory power in subsection 33 of the Industry Research and Development Act 1986 (s3)","Cross-references WHS Accreditation Scheme in the Federal Safety Commissioner Act 2022 (definition in s4)","Depends on external definitions of HAFFF and NHAF in the Housing Australia Investment Mandate Direction 2018 (definition in s4)","Specifies constitutional heads of power for legal basis without operational detail (s6)","Lacks procedural, funding-source, eligibility, and administration detail for the grant delivery (s5)"],"plain_english_summary":"This instrument prescribes a grant program under section 33 of the Industry Research and Development Act 1986. It authorises grants to peak building industry employer associations to help residential builders obtain accreditation under the WHS Accreditation Scheme so those builders can access HAFFF or NHAF funding (s5). It affects peak industry associations, residential builders, and the funding pathways for HAFFF/NHAF projects."}},"importantCases":[],"_links":{"self":"/api/acts/industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro","history":"/api/acts/industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro/history","analysis":"/api/acts/industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro/analysis","conflicts":"/api/acts/industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro/conflicts","importantCases":"/api/acts/industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro/important-cases","documents":"/api/acts/industry-research-and-development-whs-accreditation-scheme-residential-builders-assistance-grant-pro/documents"}}