Industry Research and Development Act 1986

Administered by Department of Industry, Science and Resources

Legislation au C2004A03330 In force Act

Legislation content

Industry Research and Development Act 1986

No. 89, 1986

Compilation No. 34

Compilation date: 21 February 2025

Includes amendments: Act No. 14, 2025

About this compilation

This compilation

This is a compilation of the Industry Research and Development Act 1986 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part I—Preliminary

1 Short title

2 Commencement

3 Object of Act

4 Interpretation

5 Application

Part II—Administration

6 Establishment of Industry Innovation and Science Australia

7 Functions of Board

8 Powers of Board

9 Constitution of Board

10 Period of appointment of members

11 Duties of Chairperson

12 Remuneration and allowances

13 Leave of absence

14 Resignation

15 Termination of appointment

16 Disclosure of interests by members of Board

17 Acting appointments

18 Meetings of Board

19 Minister may give directions to the Board

20A Minister may give advice to Board or committee

21 Delegation by Board

22 Committees

22A Delegation by committee

23 Directions of Board to committees

24 Disclosure of interests by members of committees

25 Staff, consultants etc.

Part III—Functions relating to the R&D tax offset

Division 1—Introduction

26 Objects

26A Simplified outline

Division 2—Registering for the R&D tax offset

Subdivision A—Introduction

27 Simplified outline

Subdivision B—Registering R&D entities for R&D activities

27A Registering R&D entities for R&D activities

27B Findings about applications for registration

27C Notice of decision about registration

Subdivision C—Applying to register R&D activities

27D Applying to register R&D activities

27E Board may request further information

Subdivision D—Examining registrations

27F Examining a registration

27G Applying for findings

27H Board may request information during an…

Overview

The Industry Research and Development Act 1986 (Cth) was enacted to establish a framework for fostering innovation and research in Australia. The Act was introduced to position Australia as a leading innovation nation by facilitating the provision of independent strategic advice about investment in industry, innovation, science, and research; supporting and encouraging collaboration in the development and delivery of programs relating to these areas; authorising spending on programs; and promoting the development, efficiency, and international competitiveness of Australian industry by encouraging research and development (R&D) activities, innovation, science activities, and venture capital activities. The Act was passed by the Commonwealth Parliament and came into operation on 1 July 1986.

Scope and Application

The Industry Research and Development Act 1986 (Cth) applies to entities and individuals involved in research and development (R&D) activities, including R&D entities seeking tax offsets and research service providers. The Act governs the registration and compliance of R&D entities, findings related to R&D activities, and the administration of R&D programs. It is applicable across Australia, including its external territories, and includes provisions for the establishment and functions of Industry Innovation and Science Australia, which succeeded Innovation and Science Australia. The Act extends to facilitating independent strategic advice on industry, innovation, science, and research, and promoting investment and collaboration in these areas. Subordinate instruments, such as regulations and fees, extend or modify the application of the Act. Notably, the Act excludes certain entities and activities, such as those related to coal or natural gas extraction subsidies.

Key Provisions

  • The Industry Research and Development Act 1986 (the Act) serves to establish and regulate Industry Innovation and Science Australia, formerly known as Innovation and Science Australia, and sets out its functions and powers. The Act also outlines procedures for registering entities for research and development (R&D) activities, making findings about those activities, and providing for the review of decisions made by the Board. Under the Act, the Board can provide strategic advice, conduct audits, commission research, and evaluate the operation of related legislation. The Act also allows the Board to make findings on the nature of R&D activities, whether certain activities can be conducted outside Australia, and whether particular technology is considered core technology for R&D activities. It provides a framework for the registration of research service providers and sets out provisions for internal and external review of Board decisions. Furthermore, the Act includes provisions for the administration of programs related to industry, innovation, science, and research, including the establishment of arrangements for funding such programs. The Act also imposes obligations on entities to disclose relevant information and adhere to certain decision-making principles when making findings. Failure to comply with the Act's requirements can result in civil or criminal penalties, depending on the nature and severity of the breach. For instance, offences under the Act may be prosecuted within three years of their commission, and certain breaches can lead to fines or imprisonment.

Legal classification tags

Area of Law
Taxation Law
Corporate Law & Governance
Instrument
Act
Concepts
Offence Provisions
Regulatory Standards
Reporting & Disclosure Obligations
Review & Sunset Clauses
Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.