Industry Research and Development Act 1986 - Directions in respect of Concessional Loans for the Commercialisation of Technological Innovation

Legislation au F2009B00153 Not in force Legislative Instrument

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COMMONWEALTH OF AUSTRALIA

INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986

DIRECTIONS IN RESPECT OF CONCESSIONAL LOANS FOR THE COMMERCIALISATION OF TECHNOLOGICAL INNOVATION

 

 

I, PETER COOK, Minister of State for Industry, Science and Technology,    pursuant to Section 20 of the Industry Research and Development Act 1986 HEREBY DIRECT that in assessing an application for a Concessional Loan for the Commercialisation of Technological Innovation, the Industry Research and Development Board shall:

 

1. have regard to the Commonwealth Government’s industry development  policy               objectives, including the objectives of these loans to:

 

 1.a. encourage successful innovation in small companies by supporting the                             timely commercialisation of internationally competitive goods,                                           services and systems;

 

 1.b. increase the level of research and development that is commercialised                             within Australia.

 

 

Eligibility Criteria

 

2. consider only such applicants where the Board is satisfied that:

 

 2.a. the project involves early commercialisation of technological                              innovations of goods, systems or services and is limited to the                                           following activities, including related market research:

 

  - product/process design;

  - trial production runs including tooling up costs;

  - regulations and standards compliance;

  - protection of core intellectual property;

  - trial and demonstration activities; and

  - product documentation.

 

 2.b.  the applicant company/group employs less than 100 persons; and

 

 2.c.  the project is directed to the commercialisation of internationally                              competitive goods, systems or services; and

 

 2.d. the results of the project will be exploited for the benefit of Australia;                             and

 

 

 

 

 2.e. each loan will not exceed 50% of eligible project costs; and

 

 2.f. the project would not proceed satisfactorily without loan support; and

 

 2.g. applicants have been unable to obtain sufficient funding for the                              project from financial institutions.

 

 

Relative Merit Criteria

 

3. for those applications that meet the eligibility criteria, support only those that               demonstrate a high order of relative merit with particular regard to the               following factors:

 

Primary Factors:

 

 3.a. management capability;

 

 3.b. market need, growth and size;

 

 3.c. market competitiveness/dynamism;

 

 3.d. technical and production synergy;

 

 3.e. the national benefits that will accrue from the project;

 

Secondary Factors:

 

 3.f. project personnel expertise/capability;

 

 3.g. technical risk;

 

 3.h. product/process uniqueness/superiority; and

 

 3.i. relative price.

 

 

Concessional Loan Guidelines

 

4. complete payment of the loan to the applicant within three years of the date               agreement;

 

 

 

 

 

 

 

 

 

5. in the absence of early repayment of the loan and interest accrued, require                that all loan and interest repayments will be made in six equal instalments,               commencing 42 months after the date of agreement, at six monthly intervals or               alternative arrangements agreed by the Board in the event that loan               repayments under these provisions were not met; and

 

6. set the interest rate for loan repayments at 40% of the Commonwealth Bank               Loan Reference Rate or such other rate as the Industry Research and               Development Board may decide. Once established the interest rate will be               fixed throughout the term of the loan, with interest accruing daily after 36               months has elapsed from the date of agreement.

 

 

 

Dated this 6th day of July 1994

 

Peter Cook

Minister of State for

Industry, Science and Technology

 

Overview

The Industry Research and Development Act 1986 was enacted to facilitate the commercialisation of technological innovation in Australia by providing concessional loans to eligible small businesses. This legislation was introduced by the Commonwealth Parliament to address the gap in funding for early-stage commercialisation projects, which are often beyond the scope of traditional financial institutions due to their high-risk nature. The policy objective of the Act is to encourage innovation in small companies by supporting the timely commercialisation of internationally competitive goods, systems, and services, thereby increasing the level of research and development commercialised within Australia. The Act directs the Industry Research and Development Board to consider applications based on eligibility criteria such as project activities, employment size, and market competitiveness, as well as relative merit factors like management capability and national benefits. The loans are designed to cover up to 50% of eligible project costs, with specific repayment terms and interest rates set to ensure manageable financial obligations for the recipients.

Scope and Application

The Industry Research and Development Act 1986, as amended by the legislative instrument F2009B00153, applies to entities seeking concessional loans for the commercialisation of technological innovation. This Act specifically targets small companies with fewer than 100 employees that are engaged in the early commercialisation of technologically innovative goods, systems, or services. These projects must align with Australia's industry development policy objectives, including enhancing the commercialisation of research and development within Australia and supporting the timely commercialisation of internationally competitive products. The Act mandates that the Industry Research and Development Board considers only those projects that demonstrate a high order of relative merit, taking into account factors such as management capability, market need, and national benefits. Additionally, the Act specifies the conditions under which loans are granted, including the maximum loan amount (50% of eligible project costs), the interest rate (40% of the Commonwealth Bank Loan Reference Rate), and the repayment schedule. This legislative instrument extends its application through subordinate instruments, which may further detail the criteria and conditions for concessional loans, ensuring that the policy objectives are effectively implemented.

Key Provisions

The legislative instrument directs the Industry Research and Development Board to consider several key factors when assessing applications for concessional loans aimed at commercialising technological innovation. According to Section 1, the Board must have regard to the Commonwealth Government’s industry development objectives, which include encouraging successful innovation in small companies and increasing the level of research and development commercialised within Australia. Section 2 outlines the eligibility criteria that the Board must consider. The applicants must be involved in early commercialisation of technological innovations, the company must employ fewer than 100 people, and the project must aim to commercialise internationally competitive goods, systems, or services. Additionally, the project results must benefit Australia, the loan cannot exceed 50% of eligible project costs, the project cannot proceed without the loan, and the applicants must have been unable to secure sufficient funding from other sources. The obligations placed on the parties by this Act primarily rest with the Industry Research and Development Board. The Board is mandated to consider the eligibility and relative merit of each application in light of the specified criteria. This includes assessing management capability, market need, competitiveness, and national benefits, among other factors. The Board must ensure that the loans are disbursed within three years and that interest rates are set at 40% of the Commonwealth Bank Loan Reference Rate or another rate decided by the Board. In the case of default, the Board is responsible for ensuring that the loan and accrued interest are repaid in six equal instalments over a period of 42 months, with interest accruing daily after 36 months from the date of agreement. The legislative instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of the directions or conditions set out in the directions. However, the Act implies that non-compliance with the conditions of the loan, such as failure to repay the loan and interest, could lead to enforcement actions by the Board. While the specific penalties for non-compliance are not detailed within the legislative instrument, it is likely that the Board has the authority to take necessary actions to recover the outstanding amount, potentially through legal means.

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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.