Industry Cooperative Innovation Program Ministerial Directions No. 1 of 2005

Administered by Department of Resources, Energy and Tourism

Legislation au F2005L03360 Not in force Legislative Instrument

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Explanatory Statement

 

Issued by the authority of the Minister for Industry, Tourism and Resources

 

Industry Research and Development Act 1986

 

Industry Cooperative Innovation Program Ministerial Directions

No 1 of 2005

 

 

General Outline and Legislative Authority

 

The Industry Cooperative Innovation Program (ICIP) is a $25 million merit-based, competitive funding program aimed at supporting business-to-business cooperation on innovation projects that enhance the productivity, growth and international competitiveness of Australian industries.  The purpose of the Industry Cooperative Innovation Program Ministerial Directions No 1 of 2005 (the Directions) is to confer functions on the Industry Research & Development Board (the Board) in relation to ICIP and to set out the policies and practices that the Board must follow in assessing and merit ranking ICIP applications.

 

Under ICIP, eligible applications are assessed by the Board, which then provides a merit ranking of eligible applications to the ICIP Program Delegate (the Program Delegate).  After receiving a merit ranking from the Board, the Program Delegate may approve an application.  In doing so, the Program Delegate must take into account the merit ranking provided by the Board.

 

The Directions refer to the Industry Cooperative Innovation Program (ICIP): Program Guidelines.  The Minister for Industry, Tourism and Resources has issued these guidelines to the Department of Industry, Tourism and Resources for the delivery of ICIP.  The Directions were gazetted on 2 June 2005 (Commonwealth of Australia Gazette No. S91, 2 June 2005). 

 

The Directions do not affect the rights of a person (other than the Commonwealth) as at the date of registration so as to disadvantage that person or impose liabilities on that person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of registration.

 

Consultation

The Minister for Industry, Tourism and Resources consulted the Board during the development of the Directions, as required under subsection 20 (2) of the Industry Research and Development Act 1986.  Public consultation in relation to the program was undertaken from October 2004 to January 2005 which included workshops on the design of ICIP in a number of capital cities in December 2004, and a call for submissions in response to the discussion paper issued in relation to the program. 

 


Legislative authority

The Directions are issued to the Board by the Minister for Industry, Tourism and Resources acting under section 18A and subsections 19 (1) and 20 (1) of the Industry Research and Development Act 1986.

 

Financial Implications

The Directions have no financial impact.  The Directions provide a framework by which the Board provides technical 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 an ICIP grant.

 

Date of effect

 

The Directions commence on 2 June 2005 or on the day on which they are published in the Gazette, whichever is the later.   The Directions were published in Special Gazette No S91 on Thursday, 2 June 2005.

 

Notes on Provisions of the Directions

 

PART 1 – PRELIMINARY

 

Name of Directions

 

Section 1

 

This section provides that the name of the Directions is the Industry Cooperative Innovation Program Directions No 1 of 2005.

 

Commencement

 

Section 2

 

Section 2 provides that the Directions commence on 2 June 2005 or on the day on which they are published in the Gazette, whichever is the later.

 

Object of these Directions

 

Section 3

 

Section 3 provides that the object of the Directions is to give Directions to the Board in relation to an additional function of the Board – namely the provision of technical assessments and merit rankings of ICIP applications - and the policies and practices that the Board must follow in the performance of this additional function.

 

Interpretation

 

Sections 4-5

 

Sections 4 and 5 define key terms used in the Directions.

 


PART 2 – ASSESSMENT AND MERIT RANKING OF APPLICATIONS

 

Procedure

 

Sections 6-7

 

Section 6 sets out that the Board will assess eligible applications referred to it by the Program Delegate and then provide the Program Delegate with a merit ranking. 

 

Section 7 sets out that the Board will, once an application has been referred to it, consider the application as soon as practicable.

 

The Board may decline to provide merit ranking

 

Section 8

 

Section 8 sets out that the Board may decide to refuse to provide a merit ranking in respect of applications that it considers are either ineligible or show unsatisfactory merit.

 

Assessment of eligible applications

 

Sections 9-10

 

Sections 9-10 set out that the Board must assess each application against the merit criteria and must take into account advice provided to it by the Department of Industry, Tourism and Resources on ICIP policy issues that are relevant to, or impact on, the merit criteria.

 

Merit Criteria

 

Section 11

 

Section 11 sets out that different merit criteria apply to Stream A projects and Stream B projects.

 

Stream A project merit criteria

 

Section 12

 

Section 12 sets out the merit criteria for Stream A projects.

 

Stream B project merit criteria

 

Section 13

 

Section 13 sets out the merit criteria for Stream B projects.

 


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

 

Sections 14-16

 

Section 14 provides that, should a proposal be submitted to vary a project supported by ICIP or to materially vary the consortium membership responsible for the project, the Program Delegate may refer the proposal to the Board for assessment. 

 

Section 15 sets out that the Board will assess such proposals as soon as practicable and provide the assessment to the Program Delegate. 

 

Section 16 sets out the matters that the Board must determine in considering such proposals.

 

PART 4 – OTHER TECHNICAL ASSESSMENTS

 

Sections 17-19

 

Section 17 provides that the Program Delegate may request the Board to provide an assessment of technical matters associated with ICIP applications, activities and projects.

 

Section 18 states that, in carrying out such assessments, the Board must take into account relevant policies issued under the Industry Cooperative Innovation Program (ICIP): Program Guidelines. 

 

Section 19 states that the Board must conduct such assessments 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

 

Sections 20-21

 

Section 20 provides that the Board may advise the Minister on non-financial administration matters relating to ICIP, including program administration and the extent to which ICIP meets its policy objectives.

 

Section 21 provides that the Board may collect and analyse data related to ICIP’s performance, provide advice to the Minister on such performance, and must cooperate with any independent evaluation of ICIP.

Overview

The Industry Cooperative Innovation Program Ministerial Directions No 1 of 2005, issued under the authority of the Minister for Industry, Tourism and Resources, establish a framework for the Industry Research and Development Board (the Board) to conduct technical assessments and merit rankings of applications for the Industry Cooperative Innovation Program (ICIP). This $25 million competitive funding initiative aims to foster business-to-business collaboration on innovation projects that bolster the productivity, growth, and international competitiveness of Australian industries. The Directions were enacted to confer additional functions on the Board related to ICIP and to outline the policies and practices it must adhere to when evaluating and ranking ICIP applications. The Board assesses eligible applications and provides a merit ranking to the ICIP Program Delegate, who then has the authority to approve an application while considering the Board's merit ranking. These Directions were developed in consultation with the Board and through public consultation, and they do not affect the rights of non-Commonwealth entities or impose new liabilities on them. The Directions came into effect on 2 June 2005, as per the Industry Research and Development Act 1986.

Scope and Application

The Industry Cooperative Innovation Program Ministerial Directions No 1 of 2005, issued under the Industry Research and Development Act 1986, outlines the procedures and criteria for the Industry Cooperative Innovation Program (ICIP), a merit-based funding initiative aimed at enhancing the productivity and competitiveness of Australian industries through cooperative innovation projects. The Directions apply to the Industry Research & Development Board, which is tasked with the assessment and merit ranking of ICIP applications, and the ICIP Program Delegate, who has the authority to approve applications based on the Board's merit ranking. The Directions establish the merit criteria for assessing applications, which differ for Stream A and Stream B projects, and detail the process for the Board to assess proposals for variations to approved projects. Furthermore, the Directions allow the Program Delegate to request technical assessments from the Board regarding ICIP applications, activities, and projects, and permit the Board to advise the Minister on ICIP policy and performance. The Directions do not affect existing rights or impose liabilities for actions taken prior to their registration. These Directions came into effect on 2 June 2005, providing a legislative framework for the implementation of ICIP across Australia.

Key Provisions

The Industry Cooperative Innovation Program Ministerial Directions No 1 of 2005, issued under the Industry Research and Development Act 1986, outline the functions and practices for the Industry Research and Development Board (Board) in relation to the Industry Cooperative Innovation Program (ICIP). Section 1 names the Directions, while Section 2 specifies their commencement date as 2 June 2005. Section 3 states the object of the Directions, which is to direct the Board on the technical assessment and merit ranking of ICIP applications and to establish the policies and practices the Board must follow. Sections 4-5 provide definitions for key terms used throughout the Directions. Under these Directions, the Board is tasked with assessing eligible ICIP applications and providing a merit ranking to the Program Delegate (Section 6). The Board must consider these applications as soon as practicable (Section 7) and may decline to provide a merit ranking for applications it deems ineligible or of unsatisfactory merit (Section 8). When assessing eligible applications, the Board must evaluate them against specific merit criteria, taking into account advice from the Department of Industry, Tourism and Resources on relevant ICIP policy issues (Sections 9-10). Different merit criteria apply to Stream A and Stream B projects (Section 11), with specific criteria detailed in Sections 12 and 13, respectively. The Directions also address proposals to vary ICIP-supported projects or materially alter consortium membership. The Program Delegate may refer such proposals to the Board for assessment (Section 14), which must be conducted as soon as practicable and include specific determinations outlined in Section 16. Additionally, the Program Delegate can request the Board to assess technical matters related to ICIP applications, activities, and projects, which must be done within a reasonable time and in accordance with relevant policies (Sections 17-19). Furthermore, the Board is authorised to advise the Minister on non-financial administration matters related to ICIP, including program administration and the extent to which ICIP meets its policy objectives (Section 20). The Board must also collect and analyse data on ICIP's performance, provide advice to the Minister on this performance, and cooperate with any independent evaluations of the program (Section 21). Regarding obligations, the Board must adhere to the merit criteria and relevant policies when assessing applications and providing merit rankings. The Program Delegate must take the Board's merit ranking into account when approving applications and must consider any proposals to vary ICIP-supported projects or consortium membership referred by the Board. The Board must conduct assessments within a reasonable time and provide advice to the Minister on program performance and administration. Failure to comply with the Directions could result in civil or administrative consequences, although specific penalties are not detailed in the text. The Directions establish a framework for the assessment and merit ranking of ICIP applications, ensuring that the Board follows specific policies and practices in performing its functions under the program.

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