Industrial Research and Development Grants Regulations (Amendment)

Legislation au C1973L00092 Regulations Not in force Legislative Instrument

Select Document

Statutory Rules

1973 No. 92

REGULATIONS UNDER THE INDUSTRIAL RESEARCH AND DEVELOPMENT GRANTS ACT 1967-1972.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Industrial Research and Development Grants Act 1967-1972.

Dated this tenth day of May, 1973.

PAUL HASLUCK

Governor-General

By His Excellency’s Command,

J. F. CAIRNS

Minister of State for Secondary Industry.

Amendments of the Industrial Research and Development Grants Regulations†

1. After regulation 1 of the Industrial Research and Development Grants Regulations the following regulation is inserted:—

Interpretation.

“1a. (1) In these Regulations, ‘the Act’ means the Industrial Research and Development Grants Act 1967-1972.

“(2) In these Regulations, a reference to industrial research and development in relation to an eligible company shall be read as a reference to industrial research and development performed by the company that is industrial research and development within the meaning of paragraph 5 (4) (a) of the Act.”.

Time for applications.

2. Regulation 2 of the Industrial Research and Development Grants Regulations is amended by adding at the end thereof the following sub-regulation:—

“(3) A request in writing to the Board under sub-regulation (2) shall be deemed not to have been made until it has been received by the Board or has been received on behalf of the Board by a member of the staff assisting the Board or by a person appointed by the Board to receive requests in writing under that sub-regulation.”.

3. After regulation 2 of the Industrial Research and Development Grants Regulations the following regulations are added:—

Eligible Company.

“3. The Australian Gas Light Company is prescribed for the purposes of paragraph (a) of the definition of ‘eligible company’ in sub-section 5(1) of the Act.

* Notified in the Commonwealth Gazette on 17 May 1973.

† Statutory Rules 1969, No. 100, as amended by Statutory Rules 1971, No. 89; 1972, No. 17; and 1973, No. 61.

Prescribed classes of expenditure.

“ 4. (1) Each of the following classes of expenditure is a prescribed class of expenditure for the purposes of paragraph 25 (1)(d) of the Act:—

(a) payments made by the eligible company for materials used or consumed in the performance of its industrial research and development;

(b) payments made by the eligible company in the purchase and maintenance of living creatures used in connexion with the performance of its industrial research and development;

(c) so much of the amounts paid by the eligible company for the provision of the services by a person other than a full-time employee of the company as are paid in respect of the whole or in part of a continuous period of not less than four weeks during which the person was, during the ordinary hours of work of the company and on the premises of the company, engaged primarily and principally by way of direct assistance in the performance of professional or technical research and development work;

(d) amounts paid by the eligible company as salaries and wages to employees of the company for work, not being professional technical research and development work, related to the performance of its industrial research and development;

(e) amounts paid by the eligible company for the provision of other services, not being amounts paid for consultants’ fees, related to the performance of its industrial research and development;

(f) amounts paid by the eligible company for travelling and accommodation expenses incurred by full-time employees of the company who have travelled, whether in or out of Australia, for purposes connected with the performance of its industrial research and development;

(g) amounts paid by the eligible company in the purchase or hire of technical or professional books and publications, and for library and technical information services, required for the performance of its industrial research and development;

(h) so much of the amounts paid by the eligible company for rent in respect of, and for the use of, buildings and land necessarily used in the performance of its industrial research and development;

(i) amounts paid by the eligible company for the maintenance and repair of plant owned or hired by the company and used solely or principally in the performance of its industrial research and development;

(j) amounts paid by the eligible company in cleaning premises or parts of premises used solely in the performance of its industrial research and development;

(k) amounts paid by the eligible company for postal, telegraphic, telephonic and telex charges incurred in the performance of its industrial research and development;

(l) amounts paid by the eligible company for electricity, gas, fuel and water charges incurred in the performance of its industrial research and development;

(m) amounts paid by the eligible company for the processing by computer of data for use in the performance of its industrial research and development.

(n) amounts paid by the eligible company by way of premiums for insurance (other than insurance against loss of profit) against risks arising by reason of the performance of its industrial research and development.

“(2) The making of provision in the accounts of an eligible company to meet contingent or future liabilities for retirement benefits for full-time employees engaged in the performance of its industrial research and development, for payments for long service leave or furlough for those employees and for payments by way of workers’ compensation for those employees is a prescribed class of expenditure for the purposes of paragraph 25 (1)(d) of the Act.

Conditions subject to which prescribed classes of expenditure shall be taken into account.

“5. The condition subject to which expenditure included in a prescribed class of expenditure shall be taken into account in respect of a year for the purpose referred to in sub-section 25 (1) of the Act is that the eligible company shall have incurred salary expenditure in that year.

Travelling allowance to members of the Board and the Advisory Committee.

“6. (1) Where a member of the Board or a member of the Advisory Committee was, on or after 22nd August, 1972, and before the commencement of this regulation, or is, after that commencement, in the course of performing his duty as such a member necessarily absent overnight from the city or town in which he ordinarily resides, travelling allowance is payable to him at the rate of Twenty-five dollars per day.

“(2) Travelling allowance payable under this regulation is in addition, and does not include the cost of conveyance.

“(3) In this regulation, a reference to a member of the Board shall be read as including the Chairman.”.

Overview

The Industrial Research and Development Grants Regulations 1973 were made under the Industrial Research and Development Grants Act 1967-1972. Enacted by the Governor-General in Council, these regulations aimed to provide detailed administrative and operational frameworks for the grant scheme established by the Act. The primary objective of the Industrial Research and Development Grants Act 1967-1972 was to encourage and support industrial research and development activities in eligible companies by providing financial assistance. The regulations specify various aspects of the grant process, including the interpretation of terms, the time frame for applications, the eligibility criteria for companies, the classes of expenditure that can be considered for grants, and conditions for the grant of such expenditures. Additionally, they address the payment of allowances to members of the Board and the Advisory Committee for travel incurred in the performance of their duties.

Scope and Application

The Industrial Research and Development Grants Regulations 1973, made under the Industrial Research and Development Grants Act 1967-1972, outline specific criteria and procedures for the application and administration of grants intended to support industrial research and development activities. These regulations apply to eligible companies involved in industrial research and development, and they provide detailed definitions and conditions to ensure that the grants are used appropriately. The Australian Gas Light Company is explicitly identified as an eligible company, and various classes of expenditure related to industrial research and development are prescribed, including payments for materials, living creatures, services, salaries, and other related expenses. The regulations also detail the conditions under which these expenditures are considered for grant purposes, such as the requirement for salary expenditure in the year of application. Additionally, provisions are made for travel allowances for members of the Board and the Advisory Committee, ensuring that those involved in the administration of these grants are adequately compensated for their duties. The application process is further defined, stipulating that written requests to the Board must be formally received to be considered valid.

Key Provisions

The primary operative sections of these Regulations, made under the Industrial Research and Development Grants Act 1967-1972, introduce new definitions and classes of expenditure, and establish conditions under which such expenditures can be accounted for in determining eligibility for grants. Regulation 1a introduces the interpretation of key terms used in the regulations, clarifying the scope of "industrial research and development" and the meaning of "eligible company" (1a(2)). Regulation 2(3) modifies the existing regulation concerning the timing of application submissions to ensure clarity on when a request is considered received by the Board. Regulation 3 prescribes the Australian Gas Light Company as an eligible company for the purposes of the Act, thereby expanding the scope of entities that can apply for grants (3). Regulation 4 enumerates various classes of expenditure that qualify for consideration in grant applications, including payments for materials, living creatures, services, salaries, insurance, and utilities, among others (4(1)). Regulation 5 specifies that the eligible company must have incurred salary expenditure in the year in question for the prescribed classes of expenditure to be taken into account (5). Lastly, Regulation 6 establishes a travelling allowance for members of the Board and the Advisory Committee who are necessarily absent overnight from their usual residence while performing their duties (6(1)). These Regulations impose specific obligations and requirements on eligible companies seeking grants under the Act. Eligible companies must ensure that their applications are submitted in writing and are received by the Board (2(3)). They must also incur salary expenditure in the year for which they seek grants to ensure that prescribed classes of expenditure are considered (5). Furthermore, companies must accurately categorise their expenditures according to the prescribed classes outlined in Regulation 4 to qualify for the grants. The Australian Gas Light Company, as an example, must adhere to these requirements and classifications as prescribed by the Regulations (3). Breaches of the Regulations may result in various consequences. While the Regulations do not explicitly outline specific offences, non-compliance with the requirements for application submissions, classification of expenditures, or failure to incur salary expenditure could potentially affect a company's eligibility for grants. Additionally, the provision of false or misleading information in applications could lead to further scrutiny or penalties under the Act. The specific penalties for such breaches are not detailed within these Regulations but would be governed by the overarching Act and other relevant legislation.

Area of Law: Commercial Law
Instrument: Regulation
Concepts: Definitions & Interpretation; Regulatory Standards; Licensing & Registration

Interactions

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.

Legislation content