Industry Research and Development (ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme) Directions 2004

Administered by Department of Industry, Science and Resources

Legislation au F2006B00150 Not in force Legislative Instrument

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Industry Research and Development (ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme) Directions 2004

I, IAN ELGIN MACFARLANE, Minister for Industry, Tourism and Resources,
give these Directions to the Industry Research and Development Board under subsections 19 (1) and 20 (1) of the Industry Research and Development Act 1986.

Dated 22 June 2004

IAN MACFARLANE

Minister for Industry, Tourism and Resources

Contents

Part 1 Preliminary

 1 Name of Directions 

 2 Commencement 

 3 Object 

 4 Definitions 

 5 Additional functions of the Board 

 6 Policies and practices to be followed in performing additional functions 

Part 2 Consideration of eligible R&D projects

 7 Procedure for consideration of eligible R&D projects 

 8 Board may decline to provide merit ranking 

Part 3 Assessment and merit ranking of eligible R&D projects

 9 Assessment of applications in respect of eligible R&D projects 

 10 Merit criterion 1: the calibre of new R&D activity that will be generated in Australia by the eligible R&D project             

 11 Merit criterion 2: the technical merit of the eligible R&D project 

 12 Merit criterion 3: the level of benefit, including environmental benefit to the wider Australian community of the eligible R&D project             

 13 Merit criterion 4: the contribution of the eligible R&D project to the sustainability of an internationally competitive automotive industry in Australia             

Part 4 Assessment of requests to vary funded projects

 14 Assessment of requests 

Part 5 Technical assessment of funded projects

 15 Technical assessment of funded projects 

Part 6 Assessment of performance of Scheme

 16 Assessment of performance of Scheme 

 


Part 1 Preliminary

 

1 Name of Directions

  These Directions are the Industry Research and Development (ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme) Directions 2004.

2 Commencement

  These Directions commence on the date of their notification in the Gazette.

3 Object

  The object of these Directions is to give directions to the Board in relation to:

 (a) additional functions of the Board in respect of the Scheme; and

 (b) the policies and practices to be followed by the Board in the performance of the additional functions.

4 Definitions

  In these Directions:

Act means the Industry Research and Development Act 1986.

applicant means an MVP that makes an application.

application means an application under section 13 of the Scheme.

application round has the meaning given by section 4 of the Scheme.

eligible R&D project has the meaning given by subsection 5 (2) of the Scheme.

funded project has the meaning given by section 4 of the Scheme.

funding agreement has the meaning given by section 4 of the Scheme.

merit criteria means the criteria set out in sections 10, 11, 12 and 13.

Minister has the meaning given by section 4 of the Scheme.

MVP has the meaning given by section 6 of the ACIS Administration Act 1999.

R&D means research and development.

R&D expenditure base has the meaning given by section 4 of the Scheme.

Scheme means the ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme 2004.

Note   The Scheme is a merit-based R&D scheme that is administered by the Department administered by the Minister and is intended to increase the level of R&D activity in the automotive industry.

Secretary has the meaning given by section 6 of the ACIS Administration Act 1999.

5 Additional functions of the Board

  For subsection 19 (1) of the Act, the following functions are additional functions of the Board:

 (a) considering eligible R&D projects under Part 2;

 (b) assessing eligible R&D projects under Part 3;

 (c) assessing proposed variations to funded projects under Part 4;

 (d) conducting technical assessments of funded projects or activities under Part 5;

 (e) making recommendations to the Secretary under Parts 4 and 5.

6 Policies and practices to be followed in performing additional functions

  For subsection 20 (1) of the Act, the Board must comply with these Directions in performing the additional functions mentioned in section 5.


Part 2 Consideration of eligible R&D projects

 

7 Procedure for consideration of eligible R&D projects

 (1) The Board must assess, for each application round, applications in respect of eligible R&D projects referred to the Board by the Secretary.

 (2) Subject to section 8, the Board must provide a merit ranking of those projects to the Secretary in accordance with Part 3.

 (3) The Board must consider applications in respect of eligible R&D projects made in a particular application round as soon as practicable after the applications have been provided to the Board.

8 Board may decline to provide merit ranking

  The Board may decide in relation to a particular application round to refuse to provide a merit ranking in respect of a particular eligible R&D project if it is not satisfied with the level of merit of the project in relation to one or more of the merit criteria.


Part 3 Assessment and merit ranking of eligible R&D projects

 

9 Assessment of applications in respect of eligible R&D projects

  Subject to section 8, the Board must:

 (a) assess each application in respect of an eligible R&D project referred to it in an application round according to the merit criteria; and

 (b) by arriving at a score for each merit criterion, establish a relative merit ranking of all projects considered by the Board in the application round.

10 Merit criterion 1: the calibre of new R&D activity that will be generated in Australia by the eligible R&D project

 (1) The Board must assess the calibre of new R&D activity that will be generated in Australia by the eligible R&D project.

 (2) In assessing the calibre of new R&D activity to be generated by the project, the Board must determine whether the project:

 (a) involves an entirely new line of R&D, and is additional to the applicant’s existing R&D expenditure base; or

 (b) enables the further development of a current line of R&D, and is additional to an applicant’s existing R&D expenditure base; or

 (c) involves an entirely new line of R&D, but is not additional to an applicant’s existing R&D expenditure base; or

 (d) does not meet paragraph (a), (b) or (c).

 (3) The Board must:

 (a) regard a project that meets paragraph (2) (a) more highly than a project that meets paragraph (2) (b); and

 (b) regard a project that meets paragraph (2) (b) more highly than a project that meets paragraph (2) (c); and

 (c) regard a project that meets paragraph (2) (c) more highly than a project that meets paragraph (2) (d).

Note   In an application for credits under the Scheme, each applicant will be required to state whether the proposed project meets paragraph (2) (a), (b) or (c). The Board must determine whether the project meets paragraph (2) (a), (b), (c) or (d). It is possible that the Board’s determination may differ from the applicant’s assessment of the project.

11 Merit criterion 2: the technical merit of the eligible R&D project

 (1) The Board must assess the technical merit of the eligible R&D project.

 (2) In assessing the technical merit of the project, the Board must consider the following:

 (a) the extent to which the project suggests scope for future growth beyond the time-frame of the project;

 (b) the extent to which the project involves leading edge technologies, techniques or skills for Australia;             

 (c) the extent to which the project includes activities that are new for the applicant in Australia;

 (d) the extent to which the project is world class in nature;

 (e) the degree of innovation evident in the project;

 (f) the extent to which the project will create new or improved linkages along the value chain with Australian suppliers;

 (g) the extent to which the applicant will extend existing, or forge new links with research institutions;

 (h) the facilities and research infrastructure available to the applicant, and the capabilities of the personnel to be involved (including the facilities and personnel of contract partners);

 (i) whether the applicant has provided a clear and detailed R&D plan including commercialisation strategies.

12 Merit criterion 3: the level of benefit, including environmental benefit to the wider Australian community of the eligible R&D project

 (1) The Board must assess the economic and environmental benefits likely to result from the eligible R&D project.

 (2) In assessing the economic and environmental benefits likely to result from the project, the Board must consider the following:

 (a) the extent to which the project enhances or strengthens the Australian automotive industry’s capabilities (for example, by filling a gap in the value chain, developing expertise, or introducing new skills);

 (b) the extent to which there is potential for benefit to other Australian industries as a result of the applicant’s introduction of new transferable skills, knowledge, technologies or techniques;

 (c) the extent to which the project utilises Australian capabilities, resources and inputs including Australian-developed intellectual property;

 (d) the extent to which the project contributes to Australia’s environmental savings.

13 Merit criterion 4: the contribution of the eligible R&D project to the sustainability of an internationally competitive automotive industry in Australia

 (1) The Board must assess the contribution to the sustainability of an internationally competitive automotive industry of the eligible R&D project.

 (2) In assessing the contribution to the sustainability of an internationally competitive automotive industry of the project, the Board must consider the following:

 (a) the extent to which the project represents a commitment to doing business in Australia in the longer term, having regard to the applicant’s long-term R&D and business strategy in Australia;

 (b) the extent to which the project utilises and builds upon Australian industry’s strengths;

 (c) the extent to which the project is an integral part of the applicant’s future global R&D strategy;

 (d) the extent to which R&D facilities in Australia will be responsible for a higher proportion of the applicant’s global R&D as a result of the project.


Part 4 Assessment of requests to vary funded projects

 

14 Assessment of requests

 (1) If an MVP has asked the Secretary to consider a variation of a funded project, the Secretary may ask the Board:

 (a) to assess the proposed variation; or

 (b) to consider the effect of the proposed variation on the relative merit of the project under the merit criteria.

 (2) If the Board receives a request under subsection (1), it must:

 (a) assess the proposed variation as soon as practicable and give the assessment to the Secretary; and

 (b) recommend that the Secretary approve or refuse to approve the proposed variation.


Part 5 Technical assessment of funded projects

 

15 Technical assessment of funded projects

 (1) The Secretary may ask the Board:

 (a) to provide a technical assessment of the progress reported for a funded project by the MVP undertaking the project compared to the technical milestones specified in the funding agreement for the project; or

 (b) to provide a technical assessment of a specified activity being undertaken by an MVP as part of a funded project.

 (2) If the Board receives a request under subsection (1), the Board must:

 (a) conduct the technical assessment as soon as practicable and give the assessment to the Secretary; and

 (b) if the technical assessment is conducted in relation to a proposed variation to a funded project, recommend that the Secretary approve or refuse to approve the proposed variation.


Part 6 Assessment of performance of Scheme

 

16 Assessment of performance of Scheme

  The Board must, at the request of the Minister, cooperate with any assessment of the performance of the Scheme in meeting its objective.

 

 

Overview

The Industry Research and Development (ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme) Directions 2004, enacted by Ian MacGlafline, the Minister for Industry, Tourism, and Resources, under the Industry Research and Development Act 1986, address the need for a structured and merit-based approach to funding research and development (R&D) projects within the Australian automotive industry. These Directions, which came into effect on 22 June 2004, establish the framework for the Industry Research and Development Board to evaluate and rank R&D projects based on their potential benefits to Australia, including economic and environmental advantages, and their contribution to the sustainability of an internationally competitive automotive industry. The policy objective is to enhance the calibre of R&D activities in Australia, ensuring that funded projects not only advance technological capabilities but also provide broader benefits to the Australian community and industry.

Scope and Application

The Industry Research and Development (ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme) Directions 2004 apply to the Industry Research and Development Board in its consideration of eligible research and development (R&D) projects within the automotive industry, particularly focusing on motor vehicle producers (MVP) in Australia. These Directions outline the additional functions of the Board and the policies and practices to be followed in performing these functions, including the assessment and merit ranking of eligible R&D projects, the assessment of requests to vary funded projects, and the technical assessment of funded projects. The Scheme itself is a merit-based initiative intended to boost R&D activities in the Australian automotive sector. These Directions are administered by the Department under the Industry Research and Development Act 1986 and the ACIS Administration Act 1999, and they commenced on the date of their notification in the Gazette. The Board must consider applications for eligible R&D projects in each application round, assess them according to specified merit criteria, and provide a merit ranking to the Secretary, subject to certain conditions including the possibility of declining to provide a merit ranking if the project does not meet the required level of merit. The Board also assesses proposed variations to funded projects and the technical progress of funded projects at the request of the Secretary.

Key Provisions

The Industry Research and Development (ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme) Directions 2004 (the Directions) provide the Industry Research and Development Board with detailed instructions for administering the ACIS Stage 2 Motor Vehicle Producer Research and Development Scheme. The Board's primary functions include considering eligible R&D projects (section 5(a)), assessing these projects according to specified merit criteria (section 5(b)), evaluating requests to vary funded projects (section 5(c)), conducting technical assessments of funded projects or activities (section 5(d)), and making recommendations to the Secretary (section 5(e)). The Board must follow these Directions strictly when performing these additional functions (section 6). The Board is tasked with assessing applications for eligible R&D projects in each application round and providing a merit ranking of these projects to the Secretary (section 7). It may decline to provide a merit ranking if it is not satisfied with the project's level of merit in relation to the criteria (section 8). When assessing applications, the Board must evaluate each project against four merit criteria: the calibre of new R&D activity that will be generated in Australia (section 10), the technical merit of the project (section 11), the level of benefit, including environmental benefit to the wider Australian community (section 12), and the contribution of the project to the sustainability of an internationally competitive automotive industry in Australia (section 13). If an MVP requests a variation to a funded project, the Secretary may ask the Board to assess the proposed variation and recommend whether it should be approved or refused (section 14). Similarly, the Secretary can request a technical assessment of a funded project or a specified activity as part of a funded project, with the Board required to conduct this assessment and provide a recommendation (section 15). Additionally, the Board must cooperate with any assessment of the Scheme's performance at the Minister's request (section 16). Failure to comply with the Directions could result in various consequences, though specific penalties are not detailed within the text of these Directions. Generally, breaches of administrative directions under the Industry Research and Development Act 1986 can lead to civil or criminal penalties, depending on the nature and severity of the breach. The maximum penalties can include fines and, in some cases, imprisonment, but these specifics would be governed by the broader legislative framework rather than the Directions themselves.

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