Commercialisation Australia Program Direction No. 1 of 2011

Administered by Department of Industry, Science and Resources

Legislation au F2011L02659 In force Legislative Instrument

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Commonwealth of Australia

 

Industry Research and Development Act 1986

Commercialisation Australia Program

Direction No. 1 of 2011

 

I, KIM JOHN CARR, Minister for Innovation, Industry, Science and Research, acting under subsections 18(A), 19 and 20(1) of the Industry Research and Development Act 1986, issue the following explanatory statement on the Direction to Innovation Australia (the Board).

 

 

Dated 24.11.11   

 

 

K.CARR

Minister for Innovation, Industry, Science and Research

 

 

 

Explanatory Statement

 

Issued by the authority of the Minister for Innovation, Industry, Science and Research

 

Industry Research and Development Act 1986

 

Commercialisation Australia Program Direction No 1 of 2011

 

 

General Outline

 

Commercialisation Australia (CA) became operational on 4 January 2010.  It aims to build the capacity of Australia’s researchers, entrepreneurs and innovative firms to take ideas and research to market.  CA is a competitive, merit based program designed to tailor assistance to the needs of the researcher or firm, focusing on skills, knowledge and funding.

 

The reason for the Direction is to give the Board additional functions in relation to this program.  The Board will assess and determine the merit of each eligible application against merit criteria outlined in the Direction and will advise the Program Delegate of the outcome of the assessment process. The Program Delegate, taking into account the advice provided by the Board, the available CA program funding, and the policy objective of the program, will determine which eligible applications will receive funding and the amount of funding to be provided by the Commonwealth.  

 

The CA Program Guidelines, given by the Minister to the Department, provide the framework for the operation and administration of the program.  The Guidelines are available on the web site of Commercialisation Australia.

 

Legislative authority

The Direction is issued to the Board by the Minister for Innovation, Industry, Science and Research (the Minister) acting under sections 18A, 19 and 20 (1) of the Industry Research and Development Act 1986.

 

Consultation

The Minister consulted the Board during the development of the Direction, as required under section 20 (2) of the Industry Research and Development Act 1986. 

 

Financial Implications

The Direction itself has no financial impact. The Direction provides a framework by which the Board provides assessments and merit ranking of eligible applications. The Program Delegate makes the final decision in determining the quantum, terms and conditions of funding agreements entered into under the CA program. 

 

Date of effect

The Direction commences on and from the day on which particulars of the Direction is published in the Gazette and registered in the Federal Register of Legislative Instruments.

 

 

Notes on Provisions of the Direction

 

PART 1 – PRELIMINARY

 

Name of Direction

 

Clause 1

The Direction constitutes the Commercialisation Australia Program Direction No 1 of 2011.

 

Commencement

 

Clause 2

The Direction commences on and from the day on which particulars of the Direction are published in the Gazette and registered in the Federal Register of Legislative Instruments.

 

Object of this Direction

 

Clause 3

The object of the Direction is to give the Board directions in relation to additional functions of the Board, namely providing advice in relation to the administration of the program, including the merit ranking of applications, and providing advice on new policy approaches or programs relating to early stage commercialisation. It also includes the policies and practices that the Board must follow in the performance of these functions.

 


Introduction

 

Clause 4

This clause provides an outline of the CA program.

 

Board to have regard to policy objective

 

Clause 5

This clause sets out the policy objective of the CA program to which the Board must have regard in giving effect to the Direction. 

 

Interpretation

 

Clauses 6 - 8

These clauses explain key terms used in the Direction.

 

PART 2 – ASSESSMENT AND MERIT RANKING OF APPLICATIONS

 

Procedure

 

Clause 9

The Board must assess each eligible application against the merit criteria set out in the Direction, except where clause 16 applies.

 

Clause 10

The Board will assess each eligible application and provide a merit ranking to the Program Delegate, except where clause 16 applies.

 

Clause 11

The Board must consider eligible applications as soon as practicable after those applications have been provided to the Board. 

 

Clause 12

The Board may request additional information from an applicant after the lodgement of an application.  Such information will assist in assessing merit or clarify issues of eligibility.

 

Clause 13

The Board will not provide a merit ranking for an application that does not demonstrate a need for CA funding.

 

Clause 14

The Board may attribute a higher or lower level of relative importance to one or more of the Merit Criteria when assessing applications.

 

Clause 15

The Board may provide the Program Delegate with a merit ranking of an application that is for an amount of funding less than that for which the applicant has applied, and/or that is subject to particular conditions.

 


Clause 16

The Board may decide not to provide a merit ranking for an application that has low merit against one or more of the merit criteria, or an application it considers ineligible.

 

Clause 17

This clause lists the six merit criteria.

 

Clause 18

CA will use a set of merit indicators for each merit criterion.  The indicators assist applicants in preparing a claim against each merit criterion, and they provide a more detailed assessment framework for the Board.  The Board may be asked to provide advice on the development of, or any amendment to, these indicators.

 

Clause 19

CA provides four types of support at various stages of the commercialisation process.  Certain merit criteria may be more important in relation to one type of support than another type of support.  The Board may be asked to provide advice on the relative importance of merit criteria in relation to each of the four types of support.

 

PART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT

 

Clause 20

The Board may be asked to assess a proposal to make changes to an approved project, such as an extension of time to complete the project or an increase in grant amount.

 

Clause 21

The Board must assess proposals to make changes to an approved project as soon as is practicable and provide the assessment to the Program Delegate.

 

Clause 22

This clause lists the matters to be considered by the Board in making an assessment under clause 20.

 

PART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE COMMERCIALISATION AUSTRALIA PROGRAM

 

Clause 23

The Board may be asked to provide an assessment of technical matters such as eligibility, progress against milestones, compliance with agreement conditions, or matters pertaining to national benefits.

 

Clause 24

In carrying out technical assessments pursuant to clause 23, the Board will take into account any relevant policies or guidelines relating to the administration of the Commercialisation Australia program that are issued under the Program Guidelines.

 

Clause 25

If the Board receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate or CEO.

 

Clause 26

The CEO may request advice from the Board on other matters relevant to the administration of the Commercialisation Australia program, including, but not limited to, the ones listed in this clause.

 

PART 5 – BOARD TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM

 

Clause 27

The Board may advise the Minister, or the Minister may request advice from the Board, on non-financial administration matters relating to the Commercialisation Australia program, including the extent to which the program is meeting its objective.

 

Clause 28

The Board may collect and analyse data on the performance of the Commercialisation Australia program and provide advice to the Minister on that performance, and must cooperate with any independent evaluation of the program. 

 

 

 

 

Overview

The Industry Research and Development Act 1986 was enacted to address the need for fostering and supporting research and development in Australia, thereby enhancing the country’s innovation capacity and economic competitiveness. The Act provides a framework for the development and administration of various programs aimed at encouraging industry-led research and development. In 2011, the Minister for Innovation, Industry, Science and Research issued the Commercialisation Australia Program Direction No. 1, which further defines the functions and procedures for the Commercialisation Australia Program. This Direction aims to equip Australia’s researchers, entrepreneurs, and innovative firms with the necessary skills, knowledge, and funding to commercialise research and bring ideas to market. The Board, under the authority of the Minister, is tasked with assessing the merit of applications, advising on program administration, and suggesting new policy approaches to support early-stage commercialisation. The Direction itself does not impose any financial obligations but establishes a structured approach for evaluating and funding eligible applications based on merit criteria.

Scope and Application

The Industry Research and Development Act 1986, under the authority of the Minister for Innovation, Industry, Science and Research, outlines the Commercialisation Australia Program Direction No 1 of 2011, which provides additional functions for the Board of Innovation Australia. The Act applies to entities such as researchers, entrepreneurs, and innovative firms involved in the commercialisation of ideas and research in Australia. The program is designed to assist these entities by providing tailored support, focusing on skills, knowledge, and funding. The geographic and jurisdictional reach of the Act is national, as it is issued by the Commonwealth government. The Direction does not specify any exclusions or exemptions but provides a merit-based framework for the assessment and funding of eligible applications. Subordinate instruments, such as the CA Program Guidelines, further extend the application of the Act by detailing the operation and administration of the program.

Key Provisions

The Commercialisation Australia Program Direction No 1 of 2011, issued by the Minister for Innovation, Industry, Science and Research, outlines specific functions for the Board, as mandated by sections 18A, 19, and 20(1) of the Industry Research and Development Act 1986. The Direction aims to enhance the Board’s role in administering the Commercialisation Australia (CA) Program, which assists researchers and firms in commercialising their ideas and research. Clause 3 states that the Direction's primary objective is to provide the Board with additional functions, such as assessing and ranking the merit of eligible applications, and advising on new policy approaches related to early-stage commercialisation. The Board is required to assess each eligible application against merit criteria (Clause 9) and provide a merit ranking to the Program Delegate (Clause 10), unless the application does not demonstrate a need for CA funding (Clause 13) or has low merit (Clause 16). The Direction imposes several obligations on the Board and other parties involved. The Board must assess applications promptly (Clause 11), request additional information if necessary (Clause 12), and consider varying the importance of merit criteria (Clause 14). The Board can also attribute different levels of importance to merit criteria depending on the type of support required (Clause 19). Additionally, the Board must assess proposals for variations to approved projects (Clause 20) and provide technical assessments on various administrative matters (Clause 23). The Board is also expected to advise on the program's performance and cooperate with independent evaluations (Clause 26). Failure to comply with the Direction's provisions can result in various consequences, though the Direction itself does not explicitly outline specific penalties. The Minister, however, retains the authority to enforce compliance under the Industry Research and Development Act 1986. Non-compliance with merit assessment or ranking requirements could potentially lead to the misallocation of funds or the improper selection of projects, which might be subject to administrative or legal scrutiny under the Act. While the Direction does not specify penalties, breaches of related legislation or policy directives could attract administrative, civil, or criminal penalties as prescribed in the relevant statutes.

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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.