EXPLANATORY STATEMENT
STATUTORY RULES 1984 No. 36
Minute No A of 1984 - Minister for Science and Technology
Subject: | Industrial Research and Development Incentives Act 1976 Industrial Research and Development Incentives Regulations (Amendment) |
Section 42 of the Industrial Research and Development Incentives Act 1976 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. In particular the Act provides for the Governor-General to make regulations in relation to the making of applications for grants.
The Act, which was amended by the Industrial Research and Development Incentives Amendment Act 1983 which will come into operation on 13 March 1984 (Executive Council Minute No 3 of 1984 refers), provides amongst other things for 2 relevant dates in relation to applications for commencement grants.
The ‘first relevant date’ is that date by which an application for a commencement grant, or a notice in writing stating that an application cannot be made on time, must be received, if it is to be deemed to have been made. Sub-section 34(7) of the Act provides that this date shall be 30 September or such later date as is prescribed.
The ‘second relevant date’ is that date by which an application for a commencement grant, for which a notice of late lodgement has been accepted, must be received, if that late application is to be deemed to have been made. Sub-section 34(7) of the Act provides that this date shall be 30 November or such later date as is prescribed.
The Canberra mail strike of September/October 1983 prevented many applications reaching the Australian Industrial Research and Development Incentives Board before 30 September. As a result, the regulations seek to vary the relevant dates to prevent loss of grant entitlements because of actions beyond the control of applicants.
The regulations seek to prescribe for the purposes of Sub-section 34(7) of the Act, 30 November 1983 as the first relevant date and 30 December 1983 as the second relevant date in respect of the grant year that commenced on 1 July 1982.
As the regulations will not disadvantage any party other than the Commonwealth, this retrospective effect is not prohibited by Sub-section 48(2) of the Acts Interpretation Act 1901. That Sub-section provides that regulations shall not be expressed to take effect from a date before the date of notification in any case where if the regulations so took effect the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date of notification, would be effected in a manner prejudicial to that person.
Overview
The Industrial Research and Development Incentives Act 1976 was enacted by the Parliament of Australia to foster innovation and economic growth by providing financial incentives for industrial research and development activities. This Act was intended to address the problem of insufficient private sector investment in research and development by offering grants to businesses to offset the costs of new research initiatives. The Act was amended by the Industrial Research and Development Incentives Amendment Act 1983, which introduced changes to enhance the effectiveness of the incentives provided. The Industrial Research and Development Incentives Regulations (Amendment), made under section 42 of the Act, were designed to address the specific issue caused by the Canberra mail strike in September/October 1983. This strike delayed many applications for commencement grants, potentially depriving eligible businesses of the incentives they were entitled to. The regulations amended the relevant dates for the submission of grant applications to accommodate the delays caused by the strike, thereby ensuring that applicants were not unfairly disadvantaged by circumstances beyond their control. The policy objective of these regulations was to maintain the integrity of the grant program while providing a practical solution to the challenges posed by the strike.
Scope and Application
The Industrial Research and Development Incentives Regulations (Amendment) 1984, made under the authority of the Industrial Research and Development Incentives Act 1976, provide amendments to the dates for submitting applications for commencement grants. This adjustment arises in response to the disruptions caused by the Canberra mail strike of September/October 1983, which hindered timely submissions of grant applications. Specifically, the first relevant date for applications for commencement grants is extended to 30 November 1983, while the second relevant date for late applications is extended to 30 December 1983 for the grant year commencing on 1 July 1982. These changes are intended to ensure that applicants who were affected by circumstances beyond their control do not lose their entitlement to grants. The regulations are not retrospective in a manner that prejudices any rights of individuals or entities other than the Commonwealth, as stipulated under Sub-section 48(2) of the Acts Interpretation Act 1901.
Key Provisions
The Industrial Research and Development Incentives Regulations (Amendment) modify the Industrial Research and Development Incentives Act 1976, specifically addressing the deadlines for grant applications due to disruptions caused by the Canberra mail strike in September/October 1983. Section 42 of the Act authorises the Governor-General to make regulations necessary for the effective implementation of the Act, including provisions for grant applications. The amendment adjusts the dates for receiving grant applications to ensure fairness and prevent loss of entitlements for applicants affected by the strike. Sub-section 34(7) of the Act originally set the first relevant date for receiving applications for commencement grants at 30 September, and the second relevant date for late applications accepted by the Australian Industrial Research and Development Incentives Board at 30 November. The amendment sets these dates as 30 November and 30 December respectively for the grant year commencing on 1 July 1982.
The Industrial Research and Development Incentives Regulations (Amendment) impose specific obligations on applicants for commencement grants, now requiring them to submit their applications or notices of inability to meet the original deadlines by 30 November 1983, and any late applications accepted by the Board by 30 December 1983. These changes aim to accommodate the circumstances surrounding the mail strike, ensuring that applicants who could not meet the original deadlines due to unforeseen events do not lose their entitlement to grants. The regulations also require the Australian Industrial Research and Development Incentives Board to accept late applications under these new deadlines, provided that all other eligibility criteria are met.
Breaching the provisions set out in these regulations may lead to disqualification from receiving commencement grants. However, the explanatory statement does not explicitly detail specific penalties or consequences for non-compliance. The regulations are designed to ensure that the amended deadlines do not disadvantage any party other than the Commonwealth, in compliance with Sub-section 48(2) of the Acts Interpretation Act 1901. This subsection ensures that the retrospective effect of the regulations does not adversely affect the rights of any person other than the Commonwealth or its authorities.