Industry Research and Development (BusinessBalance Program) Instrument 2020

Administered by Department of Industry, Science and Resources

Legislation au F2020L01345 In force Legislative Instrument

Legislation content

 

Industry Research and Development (BusinessBalance Program) Instrument 2020

made under the Industry Research and Development Act 1986

Compilation No. 1

Compilation date:   26 November 2022

Includes amendments up to: Industry Research and Development (Small Business Programs) Amendment Instrument 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Industry Research and Development (BusinessBalance Program) Instrument 2020 that shows the text of the law as amended and in force on 26 November 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

Contents

1  Name 

3  Authority

4  Definitions

5  Prescribed program

6  Specified legislative power

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Industry Research and Development (BusinessBalance Program) Instrument 2020.

3  Authority

  This instrument is made under section 33 the Industry Research and Development Act 1986.

4  Definitions

  In this instrument:

ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

Act means the Industry Research and Development Act 1986.

program: see subsection 5(1).

5  Prescribed program

 (1) For the purposes of subsection 33(1) of the Act, the BusinessBalance Program (the program) is prescribed.

 (2) The program provides funding:

 (a)  for the ongoing delivery of the NewAccess for Small Business Owners program by Beyond Blue Limited (ABN 87 093 865 840); and

 (b) to expand a free accredited professional development program which:

 (i) is delivered through Deakin University; and

 (ii) focuses on mental health and business skills.

 (3) The purpose of the program is to provide mental health and financial wellbeing support to Australian small business owners to help them manage the pressures associated with running a business.

6  Specified legislative power

  For the purposes of subsection 33(3) of the Act, the power of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution) is specified.

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md not incorp) = misdescribed amendment

Sdiv = Subdivision(s)

    cannot be given effect

SLI = Select Legislative Instrument

mod = modified/modification

SR = Statutory Rules

No. = Number(s)

SubCh = SubChapter(s)

 

SubPt = Subpart(s)

 

underlining = whole or part not

 

    commenced or to be commenced

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Industry Research and Development (BusinessBalance Program) Instrument 2020

27 Oct 2020

(F2020L01345)

28 Oct 2020

Industry Research and Development (Small Business Programs) Amendment Instrument 2022

25 Nov 2022 (F2022L01521)

26 Nov 2022 (s 2(1))

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s48D

s 4

am F2022L01521

s 5

am F2022L01521

 

 

Overview

The Industry Research and Development (BusinessBalance Program) Instrument 2020 was enacted to address the need for enhanced mental health and financial wellbeing support for Australian small business owners, particularly in managing the pressures associated with running a business. This legislative instrument was made under section 33 of the Industry Research and Development Act 1986 by the Parliament of Australia. Its primary policy objective is to support small business owners by providing funding for ongoing programs that focus on mental health and business skills, thereby promoting the resilience and sustainability of small businesses. The BusinessBalance Program, as prescribed in this instrument, aims to deliver these essential services through partnerships with Beyond Blue Limited and Deakin University. The instrument outlines the BusinessBalance Program, which funds the continuation of the NewAccess for Small Business Owners program and expands a free accredited professional development program focusing on mental health and business skills. The power of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services is specified for the purposes of this program. This legislative instrument is a crucial component in the ongoing efforts to support the mental health and financial wellbeing of Australian small business owners, enabling them to better manage the challenges of business ownership.

Scope and Application

The Industry Research and Development (BusinessBalance Program) Instrument 2020, made under the Industry Research and Development Act 1986, prescribes the BusinessBalance Program which provides funding for specific initiatives to support Australian small business owners. The program aims to deliver ongoing mental health and financial wellbeing support to these small business owners, facilitating their ability to manage business pressures. This funding is allocated for the NewAccess for Small Business Owners program by Beyond Blue Limited, and for expanding a free accredited professional development program on mental health and business skills delivered through Deakin University. The Instrument specifies the legislative power of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services, as per section 51(v) of the Constitution. The application of this Instrument extends to those entities and programs mentioned within its provisions and does not include any specific exclusions or exemptions. The Instrument came into force on 28 October 2020, with subsequent amendments effective from 26 November 2022.

Key Provisions

The main operative sections of the Industry Research and Development (BusinessBalance Program) Instrument 2020 (the Instrument) include the authority under which it was made (section 3), the definitions used (section 4), the details of the prescribed program (section 5), and the specified legislative power (section 6). The Instrument is made under section 33 of the Industry Research and Development Act 1986 (the Act) and defines key terms such as "ABN" and "Act". The BusinessBalance Program, which is prescribed under section 5, provides funding for the ongoing delivery of the NewAccess for Small Business Owners program and an expansion of a free accredited professional development program focusing on mental health and business skills. Section 6 specifies the legislative power of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services. The obligations and requirements imposed by the Instrument primarily revolve around the administration and funding of the BusinessBalance Program. The Instrument mandates the provision of funding for the ongoing delivery of the NewAccess for Small Business Owners program by Beyond Blue Limited and the expansion of a professional development program by Deakin University. This funding is aimed at supporting the mental health and financial wellbeing of Australian small business owners. The Instrument also requires that the program's purpose is clearly articulated as providing support to manage business-related pressures. The Instrument includes provisions for offences, penalties, and consequences for breaches of its requirements. While the specific penalties are not detailed within the Instrument itself, breaches of the Act or any related legislation could lead to civil or criminal penalties. Under the Act, individuals or entities found in breach may face fines or other penalties as determined by the relevant courts. The maximum penalties would be those prescribed under the primary Act or other relevant legislation, which may include substantial financial penalties or imprisonment, depending on the nature and severity of the breach. It is essential for parties governed by the Instrument to comply with all its provisions to avoid potential legal repercussions.

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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.