Industry Research and Development Act 1986 - Re-tooling for Climate Change Program Ministerial Directions No. 1 of 2008

Overview

The Industry Research and Development Act 1986, enacted by the Commonwealth of Australia, provides a legislative framework for facilitating and supporting research and development activities across various industries. One of the key programs introduced under this Act is the Re-tooling for Climate Change Program, established to address the pressing need for environmental sustainability in manufacturing sectors. The Act aims to foster innovation and efficiency in small and medium-sized enterprises by encouraging projects that reduce energy and water consumption and lower carbon emissions. This initiative seeks to bridge the gap in industry practices by providing financial support through a competitive grants program administered by AusIndustry. The program is overseen by Innovation Australia, which evaluates and ranks eligible applications, guiding the decision-making process for grant approvals by the Program Delegate. The overarching policy objective is to support sustainable manufacturing practices that contribute to mitigating climate change impacts.

Scope and Application

The Re-tooling for Climate Change Program Ministerial Directions No. 1 of 2008 applies to small and medium-sized manufacturing enterprises located in Australia, focusing on their environmental footprint by improving energy and water efficiency within their production processes. The legislation is enacted under the Industry Research and Development Act 1986, specifically through the authority of the Minister for Innovation, Industry, Science and Research. The program is designed to support projects that aim for outcomes such as reduced energy or water consumption, conversion to renewable or co-generated energy sources, and decreased carbon emissions. Eligible projects are assessed and ranked by Innovation Australia, with the final decision on funding made by the designated Program Delegate, who must consider the merit ranking provided by Innovation Australia. The geographic scope of the Act is national, applying to manufacturing entities across Australia, with the aim of fostering sustainable practices within the manufacturing industry. There are no stated exclusions or exemptions within the scope of this Act, and the application process is managed through subordinate instruments as outlined in the Ministerial Directions.

Key Provisions

The main operative sections of the Re-tooling for Climate Change Program Ministerial Directions No. 1 of 2008 outline the establishment and objectives of the program, which is designed to support small and medium-sized manufacturing enterprises in Australia in reducing their environmental footprint (sections 1 and 2). The Act specifies that projects should focus on improving energy and/or water efficiency within production processes. The eligibility criteria for applications are also detailed, ensuring that only those companies engaged in manufacturing activities in Australia are considered (section 3). Innovation Australia (the Board) is tasked with assessing and ranking eligible applications based on merit, which is then communicated to the Re-tooling for Climate Change Program Delegate for final approval and funding decisions (section 4). The Act imposes several obligations on the parties involved. Innovation Australia is responsible for evaluating and ranking applications to determine their merit, ensuring that the process is transparent and fair (section 4). The Re-tooling for Climate Change Program Delegate must consider the merit rankings provided by Innovation Australia when making funding decisions and is only authorised to approve applications subject to the availability of program funds (section 5). The program's goal is to support environmentally beneficial projects, so both Innovation Australia and the Program Delegate must ensure that the selected projects align with the program's objectives of improving energy and/or water efficiency and reducing environmental impact. Failure to comply with the provisions of the Act can lead to various consequences. While specific offences and penalties are not detailed in the explanatory statement, breaches of the Act could potentially result in legal actions under the broader framework of the Industry Research and Development Act 1986. This might include penalties for misrepresentation, mismanagement of funds, or failure to adhere to the criteria for project selection. Additionally, entities found in violation of the Act could face reputational damage and loss of public trust, which could impact their ability to secure future funding or support from government bodies.