Green Car Innovation Fund Directions No. 1 of 2009

Administered by Department of Industry, Science and Resources

Legislation au F2009L01628 In force Legislative Instrument

Legislation content

 

Commonwealth of Australia

Industry Research and Development Act 1986

 

Green Car Innovation Fund Directions No 1 of 2009

 

EXPLANATORY STATEMENT

I, Kim John Carr, Minister for Innovation, Industry, Science and Research, acting under subsections 18A, 19(1) and 20(1) of the Industry Research and Development Act 1986, issue the following explanatory statement on the Green Car Innovation Fund Directions No 1 of 2009 to Innovation Australia (the Board).

 

Dated: 24 04 09

 

 

 

KIM CARR

 

Minister for Innovation, Industry, Science and Research

 

General Outline and Legislative Authority

 

The Green Car Innovation Fund is a competitive, merit based grants program delivered by AusIndustry.  It aims to enhance research and development and the commercialisation of Australian technologies that significantly reduce fuel consumption and/or greenhouse gas emissions of passenger motor vehicles. 

 

The program will support projects which are engaged in:

(a)   research and development (R&D) activities; and/or

(b)   proof-of-concept activities; and/or

(c)   early-stage commercialisation activities; and/or

(d)   pre-production development activities;

that are carried out in Australia and directly relate to the creation, acquisition, application or commercialisation of knowledge, technology, processes, materials or products which:

(a)   are new or additional to the grantee; and

(b)   significantly improve the fuel-efficiency and/or greenhouse gas emissions of passenger motor vehicles.

Under the Green Car Innovation Fund, AusIndustry assesses the eligibility of applications.  Eligible applications are then assessed and ranked by a committee of Innovation Australia (the Board), which provides a merit ranking of eligible applications to the Green Car Innovation Fund Program Delegate (the Program Delegate).  After receiving a merit ranking from the Board, the Program Delegate may approve an application for grant funding.  In doing so, the Program Delegate must take into account the merit ranking provided by the Board.

 

The object of this legislative instrument is to give directions to the Board.  These directions are in relation to the provision of assessments and merit ranking of eligible applications under the Green Car Innovation Fund and the policies and practices to be followed by the Board in the performance of this function.

 

The Directions include the merit criteria for the assessment and merit ranking of Green Car Innovation Fund applications, directions for the assessment of proposals for variation to the agreed project, other assessments that may be required of the Board, and the provision of advice on policies and operations of the Green Car Innovation Fund by the Board.

 

Legislative Authority

 

The Directions are issued by the Minister for Innovation, Industry, Science and Research (the Minister) acting under subsections 18A, 19(1) and 20(1) of the Industry Research and Development Act 1986.

 

The Industry Research and Development Act 1986 may be found at:

http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/A8C791605A1D9995CA257370007DECEF/$file/IndResDevel1986_WD02.pdf

 

Financial Implications

 

The Directions have no financial impact.  The Directions provide a framework by which the Board provides assessments and merit ranking of eligible applications to the Program Delegate.  The Program Delegate has the final decision in determining the quantum, terms and conditions of a Green Car Innovation Fund grant with consideration for current and future years financial commitments.

 

Consultation

 

Public consultations on the program were conducted in Brisbane, Sydney, Melbourne, Adelaide and Perth in February 2009 and 92 written submissions were received from industry and the public.  These were considered in the development of the Directions. 

 

The Board was consulted on the Directions on 25 February 2009 and provided written comment to the Minister.

 

Date of Effect

 

The Directions will commence on the day after the day that they are registered on the Federal Register of the Legislative Instruments.

 

The Directions are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Note on Provisions of the Directions

 

PART 1 - PRELIMINARY

 

Name of Directions

 

Section 1

 

The Directions constitute the Green Car Innovation Fund Directions No 1 of 2009. 

 


Commencement

 

Section 2

 

The Directions will commence on the day after the day that they are registered on the Federal Register of the Legislative Instruments.

 

Object of these Directions

 

Section 3

 

The object of the Directions is to give direction to the Board in relation to an additional function of the Board, namely the provision of assessments and merit ranking of eligible applications under the Green Car Innovation Fund, and the policies and practices to be followed by the Board in the performance of this additional function.

 

Interpretation

 

Section 4

Section 4 defines key terms used within the Directions

 

PART 2 - ASSESSMENT AND MERIT RANKING OF APPLICATIONS

 

Procedure

 

Section 5

 

Section 5 states that the Board will undertake assessments and merit rankings of eligible applications and provide the Program Delegate with the merit ranking.  Once an application has been referred, the Board will consider the application as soon as practicable.

 

Board may decline to provide merit ranking

 

Section 6

 

This section states that the Board may decide not to provide a merit ranking in respect of a particular application that it considers does not show sufficient merit for one or more of the criteria or is not satisfied that the activities in the application are eligible activities.

 

Assessment of applications

 

Section 7

 

This section states that the Board must assess each eligible application against the merit criteria outlined in the Directions, subject to the operation of section 6.

 


Merit criteria

 

Section 8

 

Section 8 sets out the 5 merit criteria against which eligible applications must be assessed and ranked.  These merit criteria are:

 

(1) The extent of the reduction in passenger motor vehicle fuel consumption and/or greenhouse gas emissions arising from the proposed project;

(2) The technical merit and extent and calibre of innovation generated in Australia by the proposed project;

(3) The capacity and capability of the applicant to undertake the project, including management capability;

(4) The commercialisation potential of the proposed project to the benefit of Australia; and

(5) The contribution of the proposed project to a sustainable and internationally competitive Australian automotive industry, and the benefits to the broader Australian economy.

 

PART 3 - ASSESSMENT OF PROPOSAL FOR VARIATION TO THE GRANT PROJECT

 

Section 9

 

This section states that if a grant recipient submits a proposal to the Department to vary its project, the Program Delegate may refer the request to the Board for its assessment of the proposal.

 

Section 10

 

This section states that the Board must assess the proposal as soon as practical and provide the assessment to the Program Delegate.

 

Section 11

 

This section sets out the matters the Board must determine when considering such a request for variation.

 

PART 4 - OTHER TECHNICAL ASSESSMENTS

 

Section 12

 

This section states that the Program Delegate may request the Board to provide an assessment of any technical matter associated with applications, activities and any other matter relevant to a merit criterion.

 

Section 13

 

This section states that in carrying out a technical assessment, the Board will take into account any relevant policies or guidance relating to the administration of the Green Car Innovation Fund that are issued under the Guidelines.

 


Section 14

 

This section states that the Board must undertake the assessment within a reasonable time and provide the assessment to the Program Delegate.

 

 

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

 

Section 15

 

This section states that the Board may advise the Minister or the Minister may request advice from the Board on non-financial matters relating to the Green Car Innovation Fund, including program administration and the extent to which the Green Car Innovation Fund is meeting its Program Objectives.

 

Section 16

 

This section states that the Board may collect and analyse data on the performance of the Green Car Innovation Fund and provide advice to the Minister on such performance, and must co-operate with any independent evaluation of the Green Car Innovation Fund.

Overview

The Green Car Innovation Fund Directions No 1 of 2009 were issued under the Industry Research and Development Act 1986 by the Minister for Innovation, Industry, Science and Research, Kim John Carr. This legislative instrument aims to address the need for enhanced research and development, as well as the commercialisation of technologies that significantly reduce fuel consumption and greenhouse gas emissions of passenger motor vehicles. It outlines the process for the Innovation Australia Board to assess and merit rank applications under the Green Car Innovation Fund, establishing criteria for evaluating the technical merit, innovation, commercial potential, and broader economic benefits of proposed projects. The Directions also detail the Board's role in assessing variations to approved projects and providing advice on program policies and operations. The objective of these Directions is to guide the Board in its function of assessing eligible applications and ensuring the Green Car Innovation Fund aligns with its program objectives.

Scope and Application

The Green Car Innovation Fund Directions No 1 of 2009 applies to the Innovation Australia Board, a body responsible for the merit assessment and ranking of eligible applications for the Green Car Innovation Fund under the Industry Research and Development Act 1986. This legislative instrument provides the framework within which the Board conducts its function of assessing and merit ranking applications for funding under the Green Car Innovation Fund. The Directions specify the procedures, criteria, and considerations that the Board must follow in its assessment and merit ranking of applications, as well as the Board's responsibilities in assessing proposals for variations to granted projects, providing technical assessments, and offering advice on the program's policies and operations. The Directions extend the application of the Industry Research and Development Act 1986 by detailing specific operational aspects of the Green Car Innovation Fund. There are no stated exclusions or thresholds within these Directions, but eligibility for the Green Car Innovation Fund itself is determined by AusIndustry prior to Board assessment. The Directions do not themselves impose financial implications but establish the administrative framework for the assessment process.

Key Provisions

The Green Car Innovation Fund Directions No 1 of 2009 (referred to as the Directions) outline the key provisions for the Board in assessing and ranking eligible applications for the Green Car Innovation Fund (sections 5-16). Section 5 specifies that the Board will undertake assessments and merit rankings of eligible applications, providing the Program Delegate with the merit ranking. The Board may decline to provide a merit ranking if it deems an application insufficiently meritorious or ineligible (section 6). Eligible applications must be assessed against the specified merit criteria, which include the reduction in fuel consumption and greenhouse gas emissions, technical merit and innovation, applicant capacity and capability, commercialisation potential, and contribution to the Australian automotive industry and broader economy (section 8). The Directions also cover the assessment of proposals for variations to the agreed project (sections 9-11), technical assessments (sections 12-14), and the provision of advice on policies and operations (sections 15-16). The Directions impose specific obligations on the Board, primarily concerning the assessment and merit ranking of eligible applications for the Green Car Innovation Fund. The Board must assess each eligible application against the set merit criteria and provide a merit ranking to the Program Delegate (section 5). The Board may decline to provide a merit ranking if an application does not meet the eligibility criteria or shows insufficient merit (section 6). The Board is also required to assess any proposals for variations to the agreed project and provide assessments on any technical matters related to applications or activities (sections 9-14). Furthermore, the Board must provide advice on the policies and operations of the Green Car Innovation Fund and cooperate with any independent evaluations (sections 15-16). There are no specific offences, penalties, or consequences mentioned in the Directions for non-compliance with the provisions. However, the Board's role in assessing and ranking applications, as well as providing advice and assessments, is critical to the proper functioning of the Green Car Innovation Fund. Failure to comply with the Directions could potentially lead to issues in the administration and effectiveness of the fund, but the Directions do not explicitly state any civil or criminal consequences for such non-compliance.

Legal classification tags

Area of Law
Technology Law
Environmental Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Assessment & Merit Ranking
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.