Industry Research and Development Act 1986 - Additional functions of the Industry Research & Development Board (17/12/2004)

Overview

The Industry Research and Development Act 1986 was enacted to foster and support research, development, and innovation activities in Australian industry, ultimately enhancing its efficiency and global competitiveness. The Act was introduced to address the need for structured and strategic support for research and development in various industries, aiming to drive economic growth and technological advancement. In 2004, the Minister for Industry, Tourism and Resources, Ian Macfarlane, issued a legislative instrument directing the Industry Research and Development Board to undertake additional functions. These functions included studying and advising on industry research, promoting industry innovation, collecting and analysing data on research programs, monitoring program performance, maintaining program integrity, and cooperating with independent evaluations. This directive aimed to further the policy objective of strengthening the effectiveness and reach of industry research and development initiatives, thereby reinforcing Australia's position in the global market.

Scope and Application

The Industry Research and Development Act 1986, as amended by the legislative instrument F2009B00264, outlines the additional functions of the Industry Research and Development Board aimed at enhancing the development and international competitiveness of Australian industry through research, development, and innovation activities. This Act applies to the Industry Research and Development Board, which is tasked with studying industry research, development, and innovation, providing advice to the Minister, promoting and marketing industry innovation activities, and collecting and analysing data on the research and development programs under its administrative responsibility. The Board is also responsible for monitoring the administration and performance of these programs, maintaining their effectiveness and integrity, and cooperating with independent evaluations. The legislation has a national jurisdictional reach, applying across the Commonwealth of Australia. While the Act itself provides the primary framework, its application can be further defined or extended through subordinate instruments, which may specify detailed procedures or operational guidelines for the Board's functions. However, the Act does not explicitly state any exclusions, exemptions, or thresholds in this particular legislative instrument.

Key Provisions

The Industry Research and Development Act 1986 (the "Act") establishes the Industry Research and Development Board and outlines its functions, including additional functions specified under section 19(1). The Act, through this legislative instrument, directs the Board to perform several key tasks to facilitate the development and improve the efficiency and international competitiveness of Australian industry by promoting research, development, and innovation activities. These tasks include studying industry research, development, and innovation, providing advice to the Minister (section 19(1)(a)); promoting and marketing industry innovation activities and programs through acting as ambassadors (section 19(1)(b)); collecting and analysing data on industry research, development, and innovation programs, and advising the Minister on the outcomes (section 19(1)(c)); monitoring the administration, delivery, and performance of industry research, development, and innovation programs and advising the Minister on the results (section 19(1)(d)); maintaining the effectiveness and integrity of the programs, including undertaking legal action if necessary (section 19(1)(e)); and cooperating with any independent evaluations of the programs (section 19(1)(f)). The Board is obligated to carry out these functions diligently to ensure the effectiveness of industry research, development, and innovation initiatives. This involves conducting comprehensive studies, providing accurate and insightful advice to the Minister, actively promoting industry innovation, meticulously collecting and analysing data to assess program performance, and maintaining the integrity of the programs through necessary legal actions. Additionally, the Board must cooperate with independent evaluations to ensure transparency and accountability in its operations. These obligations underscore the Board's pivotal role in fostering a robust research and innovation ecosystem within Australian industry. Failure to comply with the provisions of the Act can result in significant consequences. While the Act does not explicitly outline specific offences, penalties, or consequences for breaches, non-compliance with the Board's functions and obligations could potentially lead to legal challenges, reputational damage, or loss of public trust. Indirectly, these consequences could impact the Board's effectiveness and the overall success of industry research, development, and innovation initiatives in Australia. The seriousness of the consequences may depend on the extent and impact of the non-compliance, but the potential repercussions highlight the importance of adhering to the Act's requirements.