Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021

Administered by Department of Industry, Science and Resources

Legislation au C2021A00101 In force Act

Legislation content

 

 

 

 

 

 

Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021

 

No. 101, 2021

 

 

 

 

 

An Act to amend the Industry Research and Development Act 1986, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Part 1—Main amendments

Industry Research and Development Act 1986

Part 2—Consequential amendments

Income Tax Assessment Act 1997

Pooled Development Funds Act 1992

Taxation Administration Act 1953

Venture Capital Act 2002

 

 

 

Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021

No. 101, 2021

 

 

 

An Act to amend the Industry Research and Development Act 1986, and for related purposes

[Assented to 10 September 2021]

The Parliament of Australia enacts:

1  Short title

  This Act is the Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

11 September 2021

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

Part 1—Main amendments

Industry Research and Development Act 1986

1  Subsection 4(1) (definition of Board)

Omit “Innovation and Science Australia”, substitute “Industry Innovation and Science Australia”.

2  Section 6

Repeal the section, substitute:

6  Establishment of Industry Innovation and Science Australia

  The body known immediately before the commencement of the Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021 as Innovation and Science Australia is continued in existence with the new name Industry Innovation and Science Australia.

Note: Subsection 25B(1) of the Acts Interpretation Act 1901 provides that a body whose name is altered by an Act continues in existence under the new name so that its identity is not affected.

Part 2—Consequential amendments

Income Tax Assessment Act 1997

3  The whole of the Act

The Income Tax Assessment Act 1997 is amended as follows:

 (a) by omitting “*Innovation and Science Australia” (wherever occurring) and substituting “*Industry Innovation and Science Australia”;

 (b) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”;

 (c) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”;

 (d) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”;

 (e) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”.

Pooled Development Funds Act 1992

4  Subsection 4(1) (definition of Board)

Omit “Innovation and Science Australia”, substitute “Industry Innovation and Science Australia”.

Taxation Administration Act 1953

5  The whole of the Act

The Taxation Administration Act 1953 is amended as follows:

 (a) by omitting “*Innovation and Science Australia” (wherever occurring) and substituting “*Industry Innovation and Science Australia”;

 (b) by omitting “*Innovation and Science Australia’s” (wherever occurring) and substituting “*Industry Innovation and Science Australia’s”;

 (c) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”;

 (d) by omitting “*Innovation and Science Australia” (wherever occurring) and substituting “*Industry Innovation and Science Australia”;

 (e) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”.

Venture Capital Act 2002

6  The whole of the Act

The Venture Capital Act 2002 is amended as follows:

 (a) by omitting “*Innovation and Science Australia” (wherever occurring) and substituting “*Industry Innovation and Science Australia”;

 (b) by omitting “*Innovation and Science Australia’s” (wherever occurring) and substituting “*Industry Innovation and Science Australia’s”;

 (c) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”;

 (d) by omitting “Innovation and Science Australia’s” (wherever occurring) and substituting “Industry Innovation and Science Australia’s”;

 (e) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”;

 (f) by omitting “Innovation and Science Australia” (wherever occurring) and substituting “Industry Innovation and Science Australia”.

 

[Minister’s second reading speech made in—

Senate on 17 February 2021

House of Representatives on 24 June 2021]

(7/21)

 

Overview

The Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021 (C2021A00101) was enacted by the Parliament of Australia to amend the Industry Research and Development Act 1986. The Act seeks to address the need for a more robust and strategically aligned approach to fostering innovation and research within Australia's industrial sectors. It achieved this by renaming Innovation and Science Australia to Industry Innovation and Science Australia, thus reflecting a shift in focus towards aligning the body's activities more closely with industry needs. The Act came into effect on 11 September 2021, the day after receiving Royal Assent, and includes consequential amendments to several other Acts to ensure consistency across relevant legislation. The overarching policy objective is to support and enhance Australia's research and development capabilities, ultimately driving economic growth and technological advancement.

Scope and Application

The Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021 amends the Industry Research and Development Act 1986 to rename Innovation and Science Australia as Industry Innovation and Science Australia. This Act applies to the entities and individuals who are subject to the amended Industry Research and Development Act 1986, which primarily concerns industry research and development activities. The geographic reach of this Act is national, as it pertains to federal legislation that impacts across Australia. The Act does not specify any exclusions or exemptions and does not set any particular thresholds. It is expected that further application and interpretation of the Act may be detailed through subordinate instruments, which would provide more specific guidance on implementation and enforcement. The Act came into effect on 11 September 2021, the day after receiving Royal Assent.

Key Provisions

The Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021 (the "Act") amends the Industry Research and Development Act 1986 to change the name of Innovation and Science Australia to Industry Innovation and Science Australia. This change is effective from the day after the Act receives the Royal Assent, which was 11 September 2021. The new name applies across several Acts including the Income Tax Assessment Act 1997, Pooled Development Funds Act 1992, Taxation Administration Act 1953, and Venture Capital Act 2002, ensuring consistency in legal references to the entity. Entities governed by this Act must comply with the new naming conventions in their dealings with Industry Innovation and Science Australia. This includes updating all official documents, communications, and legal references to reflect the name change. Failure to do so may result in confusion and potential legal complications. Additionally, any new documentation or filings must use the updated name to maintain compliance with the legislative requirements. Breaches of the naming requirements may not directly incur criminal or civil penalties under this Act; however, failing to comply with the legislative amendments could lead to administrative consequences. These might include difficulties in tax filings, non-recognition of certain funds or contributions, and other administrative hurdles. The precise consequences would depend on how strictly the new name is enforced within each related Act and the respective administrative frameworks.

Legal classification tags

Area of Law
Corporate Law & Governance
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Enforcement Powers

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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.