EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Industry and Science
INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986
Section 19
Additional Functions of Innovation Australia (02/06/2015)
(the Direction)
Background
Innovation Australia (the Board) is a body established under the Industry Research and Development Act 1986 (the Act) to administer and provide advice in relation to the government’s innovation and venture capital programs.
Purpose
The purpose of the Direction is to give directions to the Board to conduct functions in addition to the functions which are set out in the Act. The additional functions included in the Direction relate to promoting the development, and improving the efficiency and international competitiveness of Australian industry by encouraging research and development activities, innovation activities and venture capital activities.
The Direction provides a framework by which the Board may provide advice to the Minister for Industry and Science (the Minister) on the implementation and operation of government research and development, innovation, commercialisation and venture capital programmes designed to meet the objects of the Act.
The Direction supersedes an earlier direction on additional functions given to the Board on 4 November 2009. The revised Direction requires the Board to cease a number of functions and assume a number of new functions, including providing oversight of the merit assessment of new industry and innovation programmes and collaborating with the Growth Centres Advisory Committee to provide advice on the Government’s Deregulation Agenda and on strategic issues, as directed by the Minister or the Minister’s department.
Details of the content of the Direction are set out in the Attachment.
The Direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority
This Direction is issued by the Minister for Industry and Science acting under section 19 of the Industry Research and Development Act 1986.
Consultation
The Board was consulted on the Direction at the Innovation Australia meeting on 1 April 2015, and the acting Chair of the Board was provided with a draft of the Direction prior to it being made by the Minister.
Commencement and application
The Direction commences on 2 June 2015, which is prior to the date of its registration. As noted above, the Board was consulted on the Direction prior to its making. The Direction was provided to the Board by the Minister on the date it was made, accompanied by an explanatory letter. The Direction has no effect other than to set out additional functions to be conducted by the Board. Given this, the Direction will not affect the rights of, or impose liability on, a person other than the Commonwealth or an authority of the Commonwealth. It is therefore compatible with subsection 12(2) of the Legislative Instruments Act 2003 in relation to the requirements regarding retrospective operation of a legislative instrument.
ATTACHMENT
Details of the INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986 - Section 19 -
Additional Functions of Innovation Australia (02/06/2015)
Section 1 – Revocation of previous direction
This provision revokes the direction given to the Board on 4 November 2009.
Section 2 – Directions in relation to additional functions
This provision sets out functions which the Board are directed to carry out in addition to their responsibilities under the Act. The additional functions include for the Board to:
- Oversee the delivery and performance of the programmes for which the Board has been directed to be responsible by separate Ministerial direction under sections 18A, 19 and 20 of the Act;
- Maintain the integrity of the programmes in accordance with the relevant assurance framework, and cooperate with any independent evaluation of them;
- Promote the benefit and awareness of the programmes and monitor their uptake and impact;
- Collaborate with the Growth Centres Advisory Committee and jointly provide the consultation mechanism for the Minister as required under the Government’s Industry Innovation and Competitiveness Agenda; and
- Provide advice on matters relating to the programmes when requested by the Minister or the Department of Industry and Science.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
INDUSTRY RESEARCH AND DEVELOPMENT ACT 1986
Section 19
Additional Functions of Innovation Australia (02/06/2015)
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Direction has been issued by the Minister to require Innovation Australia to take into account the Australian Government’s broad policy framework and what the Minister sees as key priorities. The Direction supersedes an earlier direction on additional functions given to the Board on 4 November 2009. The revised Direction requires the Board to cease a number of functions and assume a number of new functions, including providing oversight of the merit assessment of new industry and innovation programmes and collaborating with the Growth Centres Advisory Committee to provide advice on the Government’s Deregulation Agenda and on strategic issues, as directed by the Minister or the Minister’s department.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Minister for Industry and Science, the Honourable Ian Elgin Macfarlane MP