Industry Research and Development (Cooperative Research Centres Projects Program) Instrument 2017 (Cth)
Industry Research and Development (Cooperative Research Centres Projects Program) Instrument 2017
I, Arthur Sinodinos AO, Minister for Industry, Innovation and Science, make the following instrument.
Dated 14 September 2017
Arthur Sinodinos AO
Minister for Industry, Innovation and Science
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Definitions..................................................................................................................... 1
5............ Prescribed program....................................................................................................... 3
6............ Specified legislative power............................................................................................ 3
7............ Description of program................................................................................................. 4
8............ Purpose of program....................................................................................................... 4
9............ Eligibility criteria relating to program............................................................................ 4
10.......... Process for making applications in relation to program................................................. 5
11.......... Application requirements............................................................................................... 6
12.......... Selection criteria............................................................................................................ 6
13.......... Selection process........................................................................................................... 6
14.......... Notification and announcement of Minister’s decision.................................................. 7
1 Name
This instrument is the Industry Research and Development (Cooperative Research Centres Projects Program) Instrument 2017.
2 Commencement
(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.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | The day after this instrument is registered. | 19 September 2017 |
Note: 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.
(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.
3 Authority
This instrument is made under section 33 of the Industry Research and Development Act 1986.
4 Definitions
In this instrument:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
Act means the Industry Research and Development Act 1986.
Board means Innovation and Science Australia, continued in existence by section 6 of the Act.
business website means the business website administered by the Commonwealth Government ( Grants Rules and Guidelines means a legislative instrument issued by the Finance Minister under section 105C of the Public Governance, Performance and Accountability Act 2013, which establishes the framework under which entities determine their own specific grants administration processes.
Note: All officials performing duties in relation to grants administration must act in accordance with the rules and guidelines.
funding agreement means a single agreement for the receipt of program funding.
government priorities means the science and research priorities, the industry knowledge priorities developed under the Industry Growth Centres Initiative, or any other science, research, industry and innovation priorities identified by the Commonwealth Government from time to time.
Note: The Industry Growth Centres Initiative is a Commonwealth program facilitating an industry‑led endeavour to drive innovation, productivity and competitiveness by focusing on areas of national competitive strength and strategic priority. Growth centres are being established in 6 industry sectors: advanced manufacturing; cyber security; food and agribusiness; medical technologies and pharmaceuticals; mining equipment, technology and services; and oil, gas and energy resources.
growth centre means a not‑for‑profit company limited by guarantee responsible for delivering the Industry Growth Centres Initiative.
growth sectors means the priority industry sectors identified by the Australian Government under the Industry Growth Centres Initiative as areas of competitive strength and strategy priority for Australia, including the following industry sectors:
(a) advanced manufacturing;
(b) cyber security;
(c) food and agribusiness;
(d) medical technologies and pharmaceuticals;
(e) mining equipment;
(f) technology and services;
(g) oil, gas and energy resources.
industry entity:
(a)means a person that:
(i) has an ABN; and
(ii) is capable of deploying research outputs in a commercial context; but
(b) does not include:
(i) a research organisation; or
(ii) an entity that derives the majority of its revenue from Commonwealth, State or Territory funding; or
(iii) an entity whose primary function is administrative or to provide support services to a project.
lead participant, for a project, means the industry entity responsible for managing the project on behalf of the other project participants.
milestones, for a project, means activities, targets or performance indicators to be achieved in a given time‑frame, which define a project’s critical path in delivering the proposed outputs.
participant means a person or body providing cash or in‑kind contributions that are integral to the success of the project.
participant contributions, for a project, means the cash contributions, personnel, facilities and services to be provided to the project by a participant from its own resources.
program means the Cooperative Research Centres Projects Program.
program delegate means an employee of the Department who has been empowered by the Minister, or is otherwise authorised, to carry out the relevant functions in respect of the program.
program funding means funding provided by the Commonwealth Government for the program.
project means a project:
(a) described in an application for program funding; or
(b) for which program funding is allocated.
publicly funded research organisation means:
(a) a higher education provider that is a Table A provider or Table B provider for the purposes of the Higher Education Support Act 2003; or
(b) a federal, State or Territory government department or agency that undertakes publicly funded research, including the following:
(i) the Australian Institute of Marine Science;
(ii) the Australian Nuclear Science and Technology Organisation;
(iii) the Commonwealth Scientific and Industrial Research Organisation;
(iv) the Defence Science and Technology Agency.
research organisation means a publicly funded research organisation.
science and research priorities:
(a) means the matters identified by the Commonwealth Government as areas of critical importance for research; and
(b) includes food, soil and water, transport, cyber security, energy, resources, advanced manufacturing, environmental change and health.
small and medium enterprises or SMEs means entities that employ up to 200 staff.
5 Prescribed program
For the purposes of subsection 33(1) of the Act, the program is prescribed.
6 Specified legislative power
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:
(a) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);
(b) trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution);
(c) the provision of benefits to students (within the meaning of paragraph 51(xxiiiA) of the Constitution);
(d) measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.
7 Description of program
The program provides program funding to successful applicants for any of the following:
(a) the following activities relating to research:
(i) significant research into matters of significance to the nation, including significant research into science and research priorities and significant research into matters of importance for the development of growth sectors;
(ii) research that will directly contribute to the development of products and services that will be produced for interstate or overseas trade only, or will be predominantly traded interstate or overseas;
(iii) publication of the research mentioned in paragraphs (i) and (ii), and deployment and take‑up of the outputs of that research;
(b) for applicants that are trading or financial corporations to which paragraph 51(xx) of the Constitution applies—assistance in the conduct of the applicants’ ordinary activities;
(c) scholarships, fellowships and stipends for students enrolled in formal education or training programs, and other associated education or training costs for those students;
(d) developing and implementing strategies that will directly contribute to the capacity of enterprises to engage in overseas and interstate trade and commerce.
8 Purpose of program
The purpose of the program is as follows:
(a) to improve the competitiveness, productivity and sustainability of Australian industries, especially where Australia has a competitive strength, and in line with government priorities;
(b) to foster high‑quality research to solve industry‑identified problems through industry‑led and outcome‑focused collaborative research partnerships between industry entities and research organisations;
(c) to encourage and facilitate the participation of SMEs in collaborative research.
9 Eligibility criteria relating to program
(1) The eligibility criteria relating to the program are set out in subsections (2) to (7).
(2) The program is open to all industry sectors and research disciplines. Program funding is available to organisations from all industry, research and community sectors.
(3) Applications must be submitted by the lead participant, which must be an industry entity.
(4) The applicants for each application must include:
(a) 2 Australian industry entities (including at least one SME); and
(b) one research organisation.
(5) Applications must demonstrate the ability to at least match (in cash or in kind) the requested level of program funding.
(6) An organisation named by the Workplace Gender Equality Agency as an organisation that has not complied with the Workplace Gender Equality Act 2012 cannot participate in the program.
(7) An application must demonstrate the ability to undertake the following essential activities:
(a) a short term, industry‑identified and industry‑led collaborative research project to develop a product, service or process that will solve problems for industry and deliver tangible outcomes, benefit SMEs and increase their capacity to grow and adapt in changing markets;
(b) industry‑focused education and training activities, such as internships and secondments between industry entities and research organisations.
10 Process for making applications in relation to program
(1) The process for making applications in relation to the program is set out in subsections (2) to (5).
(2) The Minister may call for applications:
(a) in an open selection round; or
(b) at the Minister’s discretion.
(3) The Minister:
(a) may suspend or terminate the call for applications; and
(b) may approve or decline an application for program funding at the Minister’s discretion, after considering the advice of the Board and the Department; and
(c) is not obliged to approve an application because an applicant satisfies the application requirements or for any other reason (including the advice of the Board).
(4) A probity advisor may be appointed by the Department for each selection round, in order to ensure that all applications are assessed fairly against the eligibility and selection criteria.
(5) Information for applicants must be available on the business website and GrantConnect during each selection round.
Note: GrantConnect is the Commonwealth Government’s online information system for grants and forecast opportunities. Grant and forecast information could in 2017 be viewed on the GrantConnect website ( Application requirements
(1) The program delegate may determine whether an application is compliant.
(2) An application that was not granted in a previous selection round must not be re‑submitted unless it addresses any issues identified in any feedback provided in relation to the previous selection round. Re‑submitting the application, even if the feedback is satisfactorily addressed, will not automatically lead to the grant of the application.
(3) The program delegate may refuse to accept an application if he or she deems it to be substantially the same as a previous ineligible or unsuccessful application.
(4) The program delegate’s decision about whether an application is compliant is final. If an application is assessed as non‑compliant, it may be excluded from any further consideration.
(5) The program delegate may, at his or her discretion, do the following:
(a) seek additional information;
(b) allow applicants to remedy minor errors;
(c) accept late applications.
Note: Under Division 137 of the Criminal Code Act 1995, giving false or misleading information to a Commonwealth entity is an offence. In addition to prosecution, if the Department is satisfied that any statement made in an application for program funding is incorrect, incomplete, false or misleading, the Department may, at its discretion, take appropriate action, including the following:
(a) excluding an application from further consideration;
(b) withdrawing an offer of program funding;
(c) terminating any agreement between the Commonwealth Government and the applicant.
12 Selection criteria
The selection criteria are as follows:
(a) the expected industry outcomes;
(b) details about the project;
(c) the demonstrated governance and management capability of the participants;
(d) the proposed education and training program;
(e) value for money;
(f) expected national benefits.
Note: Further information in relation to the selection criteria may be published on the business website during a selection round.
13 Selection process
(1) Compliant applications must be considered on merit and against all other compliant applications.
(2) The Board may seek expert advice from industry (including growth centres), government and the research sector on any aspect of an application.
(3) In assessing compliant applications, the Board must consider submitted material, expert advice and any other relevant matters. The Board must make recommendations to the Minister based on the following:
(a) the selection criteria, based on their weighting, as specified by the program delegate;
(b) government priorities;
(c) all other compliant applications;
(d) any other relevant matters.
(4) Following the consideration of applications, the Board must advise the Minister of the outcome and must make recommendations on the following:
(a) which projects are suitable for program funding;
(b) the national benefits to be delivered through funding the projects;
(c) the level of program funding for each project;
(d) any conditions applicable to any offer of program funding.
(5) The Minister must decide the following:
(a) which projects are suitable for program funding;
(b) the level of program funding for each project;
(c) the terms and conditions (if any) of any offer of program funding.
(6) The Minister’s decisions:
(a) must take into account the program’s description (set out in section 7) and purpose (set out in section 8); and
(b) must have regard to the advice of the Board; and
(c) may take into account other relevant matters, including an application and any related documentation.
14 Notification and announcement of Minister’s decision
(1) Applicants must be advised in writing whether they have been successful at receiving program funding.
(2) Successful applicants must be sent a letter of offer setting out:
(a) details of program funding; and
(b) any conditions that must be addressed before the offer can be accepted, or that otherwise apply to the program funding.
(3) Unsuccessful applicants may request feedback on their application and the opportunity to discuss the application.
(4) The Minister may make a formal announcement advising which applications have been successful and the level of program funding offered. The announcement may include, as required, information:
(a) provided by successful applicants; or
(b) compiled or obtained during the assessment of applications and negotiation of funding agreements or following consultation with applicants.
Note: The Department must also report the details regarding the grant of program funding on its website in accordance with the requirements of the Commonwealth Grants Rules and Guidelines.
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