EXPLANATORY STATEMENT
Issued by the authority of the Minister for Industry and Innovation
Industry Research and Development Act 1986
Industry Research and Development (Australian Made Export Campaign Program) Amendment (Export Initiative) Instrument 2025
Purpose and Operation
Section 33 of the Industry Research and Development Act 1986 (the IR&D Act) provides a mechanism for the Minister to prescribe programs, by disallowable legislative instrument, in relation to industry, innovation, science or research, including in relation to the expenditure of Commonwealth money under such programs.
The statutory framework provided by section 33 of the IR&D Act enables a level of flexibility to provide authority for Commonwealth spending activities in relation to industry, innovation, science and research programs. This allows the Government to respond quickly and appropriately to the need to implement innovative ideas and pilot programs on an ongoing basis and as opportunities arise. Prescribing programs in legislative instruments provides transparency and parliamentary oversight of Government programs and spending activities, whilst reducing administrative burden on the Commonwealth.
Once a program is prescribed by the Minister under section 33, subsection 34(1) allows the Commonwealth to make, vary or administer arrangements in relation to activities under the prescribed program. Arrangements may include contracts, funding agreements or other arrangements, and may provide for money to be payable by the Commonwealth to one or more third parties. The power conferred on the Commonwealth by subsection 34(1) may be exercised on behalf of the Commonwealth by a Minister or an accountable authority of a non‑corporate Commonwealth entity, or by their delegate (under section 36).
The purpose of the Industry Research and Development (Australian Made Export Campaign Program) Amendment (Export Initiative) Instrument 2025 (Amending Instrument) is to amend the Industry Research and Development (Australian Made Export Campaign Program) Instrument 2019 (Principal Instrument) to prescribe the Australian Made Export Initiative (AMEI) Program (the Program). The funding for the Program has been secured through the 2024-25 Appropriation Bills.
The Program provides $5 million as part of the Australian Government’s commitment to fund enhanced country-of-origin branding support in domestic and export markets for the Australian Made, Australian Grown logo. The Program will provide funding to the Australia Made Campaign Ltd (AMCL) for the following activities:
- registering the Australian Made, Australian Grown logo as a trademark in export markets,
- taking enforcement (and enforcement related) actions to protect Australian businesses’ use of the Australian Made, Australian Grown logo in export markets,
- marketing and promotional campaigns related to general “buy local” initiatives or to the Australian Made, Australian Grown logo in domestic and export markets,
- facilitating export education to develop new opportunities in overseas markets, and
- researching the effectiveness of the Australian Made, Australian Grown logo in export markets.
Funding authorised by the Principal Instrument as amended by the Amending Instrument comes from Program 1.1: Growing innovative and competitive businesses, industries and regions, Outcome 1. Details will be set out in the Portfolio Additional Estimates Statements 2025-26, Industry, Science and Resources Portfolio.
The Program will be designed by the Department’s Business Grants Hub, which is a specialised design, management and delivery body with extensive expertise and capability in designing similar programs. The Program will be delivered by the International Strategy & National Security Division that has extensive experience in delivering similar programs.
The Program is administered by the Department in accordance with the Commonwealth Grant Rules and Guidelines 2024 (https://www.legislation.gov.au/F2024L00854/latest/text).
A Senior Executive Service officer within the Department will approve the grant in accordance with the AMEI grant opportunity guidelines.
As this is a one-off grant that supports the implementation of policy decisions made by the government, the grant will be made to AMCL and will not be subject to merits review. They have been identified as the recipient because:
- it has a well-established record of delivering the same or similar activities
- it has the required technical expertise to undertake the activities
- the AMAG logo is administered by AMCL.
Persons who are otherwise affected by decisions or who have complaints about the Program will have recourse to the Department. The Department investigates any complaints about the Program in accordance with its complaints policy and procedures. If a person is not satisfied with the way the Department handles the complaint, they may lodge a complaint with the Commonwealth Ombudsman.
Statement of the Relevance and Operation of Constitutional Heads of Power
The Principal Instrument specifies that the legislative power in respect of which it is made is the Commonwealth trade and commerce power (paragraph 51(i) of the Constitution) and the external affairs power (paragraph 51(xxix) of the Constitution). The Program specified in the Principal Instrument, as amended by the Amending Instrument, will continue to rely on these powers.
Paragraph 51(i) of the Constitution empowers the Parliament to make laws with respect to ‘trade and commerce with other countries, and among the states’. The Program will provide funding to foster and protect trade in and encourage demand for, AMCL licensed products domestically and internationally. The Program will support, among other things, activities that protect Australian businesses’ use of the Australian Made, Australian Grown logo in overseas markets, promote the value of Australian made and grown goods in domestic and overseas export markets, involve research into the impact the Australian Made, Australian Grown logo has on Australian businesses exporting overseas, and facilitate export education to develop new opportunities in overseas markets.
Paragraph 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports legislation with respect to matters or things outside the geographical limits of Australia. The Program will support, among other things, activities related to the following:
- registration of the Australian Made, Australian Grown logo in other countries for trademark status;
- taking enforcement related actions for infringement of the Australian Made, Australian Grown logo trademark in export markets; and
- promoting the Australian Made, Australian Grown logo trademark in export markets.
Further details of the Amending Instrument are set out at Attachment A.
Authority
Section 33 of the IR&D Act and subsection 33(3) of the Acts Interpretation Act 1901 together provide authority for the Amending Instrument.
Consultation
In accordance with section 17 of the Legislation Act 2003, the Attorney-General’s Department has been consulted on this Amending Instrument.
Further consultation was not conducted because AMCL is the sole licensor of the AMAG logo and this ad hoc grant makes funding available to AMCL to undertake eligible projects to promote the AMAG logo.
Regulatory Impact
It is estimated that the regulatory burden is likely to be minor (Office of Impact Analysis/Office of Best Practice Regulation reference number OIA25-09454).
Statement of Compatibility with Human Rights
A Statement of Compatibility with Human Rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
Attachment A
Details of the Industry Research and Development (Australian Made Export Campaign Program) Amendment (Export Initiative) Instrument 2025
Section 1 – Name
This section specifies the name of the Legislative Instrument as the (Australian Made Export Campaign Program) Amendment (Export Initiative) Instrument 2025.
Section 2 – Commencement
This section provides that the Legislative Instrument commences the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section specifies the provision of the IR&D Act under which the Legislative Instrument is made.
Section 4 – Schedules
This section is a machinery clause that allows the Schedule to the Amendment Instrument to operate according to its terms.
Schedule 1 – Amendments
This Schedule amends section 1 and section 4 of the Industry Research and Development (Australian Made Export Campaign Program) Instrument 2019 to reflect the change in the name of the Australian Made Export Campaign Program, which ran from 2020-2023, to the Australian Made Export Initiative Program, which is the program the Amendment Instrument provides authority for. These items are included to ensure consistency in naming of the Program in the future, as the previous Australian Made Export Campaign Program has ceased.
This Schedule amends section 5 of the Industry Research and Development (Australian Made Export Campaign Program) Instrument 2019 to provide that the program provides funding to enhance country of origin branding in domestic and export markets and for related export education and business development programs. This includes activities to:
- register the AMAG logo trademark in export markets
- enforce the AMAG logo trademark in export markets
- promote the AMAG logo in domestic and export markets
- research the effectiveness of the AMAG logo in export markets
This amendment accommodates these activities by:
- changing the former subsection 5(2) into paragraph 5(2)(a) and adding the words ‘domestic and’;
- changing the former paragraphs 5(2)(a)–(d) into subparagraphs 5(2)(a)(i)–(iv) and adding the words ‘domestic and’ to subparagraph 5(2)(a)(iii); and
- introducing a new paragraph 5(2)(b).
The first of these changes provides funding for enhancing country of origin branding in both domestic and export markets, whilst the previous Australian Made Export Campaign Program was entirely export-focussed.
Similarly, the second change provides funding for activities that include enhancing brand exposure and marketing materials for Australian businesses.
Finally, the new paragraph 5(2)(b) deals with activities to facilitate export education and develop new opportunities in overseas markets. These activities are intended to increase licensee export awareness and readiness, and create new channels to overseas markets. Some examples of these activities include ecommerce incubation programs, export capability training programs, and market development programs including business matching.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Industry Research and Development (Australian Made Export Campaign Program) Amendment (Export Initiative) Instrument 2025
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 Industry Research and Development (Australian Made Export Campaign Program) Amendment (Export Initiative) Instrument 2025 (the Legislative Instrument) provides legislative authority to commit Commonwealth funding for the Australian Made Export Initiative Program (the Program).
The Program will provide funding for promoting and protecting the Australian Made, Australian Grown (AMAG) logo in Australia’s key domestic and export markets, including for related export education and business development programs.
Human rights implications
The Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
The Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Tim Ayres MP
Minister for Industry and Innovation