Industry Cooperative Innovation Program Ministerial Directions No. 1 of 2007

Administered by Department of Industry, Science and Resources

Legislation au F2007L01532 Not in force Legislative Instrument

Legislation content

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 2007

 

General Outline

The Australian Government has provided $25 million to deliver the Industry Cooperative Innovation Program between June 2005 and June 2011.   These funds will provide support to assist industry consortia to deliver industry wide benefits that raise capability in their industry through cooperative innovation projects. 

Industry Cooperative Innovation Program is a merit based funding program with the objectives to:

  • encourage business to business cooperation on innovation projects both within Australia and internationally that enhance productivity, growth and international competitiveness in Australia.
  • generate national benefit for the Australian economy. 

AusIndustry, the Australian Government’s business program delivery division of the Department of Industry, Tourism and Resources, has responsibility for the delivery of the Industry Cooperative Innovation Program

 

The Directions provide the Industry Research and Development Board (the Board) with an additional function.  This additional function relates to the administration of the Program including the policies and practices to be followed by the Board in the performance of the function. In accordance with the Directions, the Board provides the technical assessments and merit ranking of eligible applications under the competitive grants element of the Industry Cooperative Innovation Program. The Program Delegate determines which eligible applications will receive funding and takes into account the merit ranking provided by the Board, the available Program funding, and the policy objectives of the Program.

 

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 on the Federal Register of Legislative Instruments.

 

Legislative authority

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

 

Consultation

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

Public consultation was conducted in the form of Industry consultations held on 24 August 2006 and 6 September 2006 at Melbourne and Sydney respectively. Some written submissions were also received.

 

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.  The Program Delegate makes the final decision in determining the quantum, terms and conditions of grants under the Program.

 

Date of effect

The Directions commence on and from the day on which particulars of the Directions have been published in the Gazette and have been registered on the Federal Register of Legislative Instruments.

 

Notes on Provisions of the Directions

 

PART 1 – PRELIMINARY

 

Name of Direction

 

Clause 1

 

The Directions constitutes the Industry Cooperative Innovation Program Ministerial Directions No 1 of 2007.

 

Commencement

 

Clause 2

 

The Directions commence on and from the day on which particulars of the Directions have been published in the Gazette and have been registered on the Federal Register of Legislative Instruments.

 

Object of these Directions

 

Clause 3

 

The object of the Directions is to provide the Board with instructions in relation to an additional function of the Board – namely the provision of technical assessments and merit ranking of eligible applications under the competitive grants element of the Industry Cooperative Innovation and - and the policies and practices that the Board must follow in the performance of this function.

 


Interpretation

 

Clause 4

 

This clause explains key terms used in the Direction.  It includes a new definition of Industry Cooperative Innovation Program and Program policy Objectives to clearly articulate scope for international collaboration and provide greater clarity to the merit criteria.

 

Clause 5

 

The clause outlines interpretation guidelines for the Ministerial Direction No 1 of 2007.

 

 

PART 2 – ASSESSMENT AND MERIT RANKING OF APPLICATIONS

 

Procedure

 

Clause 6 -7

 

This clause provides a guide to the Board on the assessment and merit ranking of eligible applications. The Board must consider eligible applications in relation to a particular funding round as soon as practicable after the Program Delegate has provided those applications to it. 

 

Board may decline to provide merit ranking

 

Clause 8

 

The Board may refuse to provide a merit ranking of a particular applicant if it is not satisfied that its application shows sufficient merit. 

 

Assessment of applications

 

Clause 9 -10

 

The Board assesses the merit of each applicant's activities against the merit criteria contained within the Directions. Instruction to the Board that in considering the applications it must take into account advice provided by the Department on Industry Cooperative Innovation Program policy issues that are relevant to or have impact on any of the merit criteria.

 

Merit Criteria

 

Clause 11 -13

 

The Board will assess applicants against the merit criteria for Stream A and Stream B projects in the Directions.  These criteria are:

  • Industry Scope and Cooperation
  • Project Methodology
  • Financial and Management Capacity
  • National Benefits

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

 

Clause 14

 

The clause outlines the process of re-submitting a proposal for variation, and outlines the criteria that can be varied for an existing approved and executed agreement.

 

Clause 15

 

On receiving a variation request the Board must assess the proposal as soon as practicable and provide assessment to the Program Delegate.

 

Clause 16

 

The clause outlines the criteria against which the proposal must be assessed.

 

PART 4 – ASSESSMENT OF PROPOSALS FOR VARIATION TO GOVERNING DOCUMENTS

 

Clause 17

 

The clause outlines the other assessments that the Program Delegate could request the Board to provide associated with applications, activities and projects such as technical assessments, or assessments that could impact on a merit criterion. 

 

Clause 18

 

The requirement that the Board in carrying out the assessments pursuant to the merit criteria consider any relevant policies relating to the administration of the Industry Cooperative Innovation Program issued under the Guidelines.

 

 

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

 

Clause 19

 

The Board may advise the Minister, or the Minister may request advice from the Board, on non-financial administration matters relating to the Program.

 

Clause 20

 

The Board may collect and analyse data on the performance of the Program, provide advice to the Minister on such performance, and must cooperate with any independent evaluation of the Program.

 

 

 

 

 

PART 6 – TRANSITIONAL PROVISIONS

 

Clause 21 – 22

 

The two clauses outline the conditions when the 2007 Directions will take effect, and the Directions that are applicable to existing Industry Cooperative Innovation Program funding that were approved prior to the implementation of 2007 Directions.

 

Overview

The Industry Cooperative Innovation Program Ministerial Directions No 1 of 2007, enacted by the Minister for Industry, Tourism and Resources under section 18A and subsection 19 (1) and 20 (1) of the Industry Research and Development Act 1986, aim to provide the Industry Research and Development Board with additional functions related to the administration of the Industry Cooperative Innovation Program. This program, which is merit-based, was established to encourage industry consortia to deliver innovation projects that enhance productivity, growth, and international competitiveness in Australia. The Directions provide the Board with instructions on the assessment and merit ranking of eligible applications, and outline the policies and practices that the Board must follow in the performance of these functions. The Directions also provide the Board with the authority to advise the Minister on non-financial administration matters relating to the Program and to collect and analyse data on the performance of the Program. The Directions were developed in consultation with the Board and through industry consultations held in Melbourne and Sydney in August and September 2006. They have no financial impact and do not affect the rights of any person other than the Commonwealth. The Directions provide a framework for the Board to provide technical assessments and merit rankings of eligible applications, while the Program Delegate makes the final decision in determining the quantum, terms and conditions of grants under the Program. The Directions provide greater clarity to the merit criteria and articulate the scope for international collaboration in the Industry Cooperative Innovation Program.

Scope and Application

The Industry Cooperative Innovation Program Ministerial Directions No 1 of 2007 applies to the Industry Research and Development Board, which is responsible for the technical assessments and merit ranking of eligible applications under the competitive grants element of the Industry Cooperative Innovation Program. This program aims to encourage business-to-business cooperation on innovation projects both within Australia and internationally, enhancing productivity, growth, and international competitiveness. The Directions extend to the geographic scope of Australia and are applicable to industry consortia seeking funding to deliver industry-wide benefits through cooperative innovation projects. The Act and Directions do not affect the rights of a person as at the date of registration so as to disadvantage that person or impose liabilities on that person in respect of anything done or omitted to be done before the date of registration on the Federal Register of Legislative Instruments. The Directions do not include any stated exclusions, exemptions, or thresholds, but the Program Delegate determines which eligible applications will receive funding based on the merit ranking provided by the Board, the available Program funding, and the policy objectives of the Program. The Directions are issued to the Board by the Minister for Industry, Tourism and Resources acting under the Industry Research and Development Act 1986. The Directions do not have a financial impact, but they provide a framework by which the Board provides assessments and merit ranking of eligible applications.

Key Provisions

The Industry Cooperative Innovation Program Ministerial Directions No 1 of 2007, issued under the authority of the Minister for Industry, Tourism and Resources, establishes a framework for the Industry Research and Development Board (the Board) to assess and rank applications for the Industry Cooperative Innovation Program. This program, funded by the Australian Government, aims to encourage business-to-business cooperation on innovation projects that enhance productivity, growth, and international competitiveness (Clauses 3, 6-7). The Board's key tasks include providing technical assessments and merit rankings of eligible applications (Clause 6), considering advice from the Department on Industry Cooperative Innovation Program policy issues (Clause 9-10), and assessing applications against specific merit criteria (Clauses 11-13). The Board may decline to provide a merit ranking if it is not satisfied with the application's merit (Clause 8). Additionally, the Board is responsible for advising on the policies and operations of the Program and collecting and analysing data on its performance (Clauses 19, 20). The Directions impose several obligations on the Board. Primarily, the Board must assess and rank eligible applications in a timely manner (Clause 6). It must consider the merit of applications against specific criteria, including industry scope and cooperation, project methodology, financial and management capacity, and national benefits (Clauses 11-13). The Board is also tasked with assessing proposals for variations to agreed projects and governing documents, providing assessments to the Program Delegate, and considering relevant policies and advice on the Program's administration (Clauses 14-18). Furthermore, the Board must cooperate with any independent evaluations of the Program and provide advice to the Minister on its performance (Clauses 19, 20). Failure to comply with the requirements set forth in the Directions may result in various consequences. Although the Directions do not specify explicit offences or penalties, the non-compliance with the Board's obligations could lead to the rejection of applications, which might affect the funding and support available for innovation projects. Additionally, the Program Delegate has the authority to determine the quantum, terms, and conditions of grants, taking into account the merit rankings provided by the Board (Clauses 6-7). Non-compliance with the assessment and merit ranking process could potentially lead to the misallocation of funds, adversely affecting the Program's objectives and the intended benefits for the Australian economy.

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Area of Law
Commercial Law
Instrument
Directions
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Definitions & Interpretation
Assessment of applications
Merit Criteria

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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.