Industry Research and Development (Regional and Remote Communities Reliability Fund Program) Instrument 2019 (Cth)

Industry Research and Development (Regional and Remote Communities Reliability Fund Program) Instrument 2019

I, Angus Taylor, as delegate of the Minister for Industry, Science and Technology, make the following instrument.

Dated 23 September 2019

Angus Taylor

Minister for Energy and Emissions Reduction

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Prescribed program....................................................................................................... 1

6............ Specified legislative power............................................................................................ 1

7............ Eligibility criteria relating to program............................................................................ 2

1  Name

This instrument is the Industry Research and Development (Regional and Remote Communities Reliability Fund Program) Instrument 2019.

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.	5 October 2019

Note:          This table relates only to the provisions of this instrument as originally made.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:

Act means the Industry Research and Development Act 1986.

program means the Regional and Remote Communities Reliability Fund Program.

5  Prescribed program

(1) For the purposes of subsection 33(1) of the Act, the program is prescribed.

(2)  The program provides funding to support feasibility studies into whether establishing an electricity microgrid in or near a regional or remote community in Australia would be cost‑effective for the community.

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)  foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution);

(b)  external affairs (within the meaning of paragraph 51(xxix) of the Constitution) as it relates to measures to give effect to Australia’s obligations under one or more of the following:

(i)  the United Nations Framework Convention on Climate Change, particularly Article 4;

(ii)  the Kyoto Protocol to the United Nations Framework Convention on Climate Change, particularly Article 10;

(iii)  the Paris Agreement, particularly Article 4;

(c)  measures in, or in relation to, a Territory (within the meaning of section 122 of the Constitution).

7  Eligibility criteria relating to program

For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the program include that, for funding for a feasibility study, at least one of the following are satisfied:

(a) the applicant is a trading or financial corporation to which paragraph 51(xx) of the Constitution applies;

(b)  the feasibility study relates to a microgrid that:

(i)  can reasonably be expected to reduce emissions of greenhouse gases; or

(ii)  would be located in a Territory.