Industry Research and Development (COVID-19 Consumer Travel Support Program) Instrument 2020

Administered by Department of Industry, Science and Resources

Legislation au F2020L01594 In force Legislative Instrument

Legislation content

Industry Research and Development (COVID19 Consumer Travel Support Program) Instrument 2020

made under section 33 of the

Industry Research and Development Act 1986

Compilation No. 1

Compilation date: 17 April 2021

Includes amendments up to: F2021L00452

Registered: 23 April 2021

About this compilation

This compilation

This is a compilation of the Industry Research and Development (COVID-19 Consumer Travel Support Program) Instrument 2020 that shows the text of the law as amended and in force on 17 April 2021 (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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

2 Commencement

3 Authority

4 Definitions

5 Prescribed program

6 Specified legislative power

Endnotes

Endnote 1—Legislation history

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Industry Research and Development (COVID19 Consumer Travel Support Program) Instrument 2020.

2  Commencement

 (1) Each provision of this instrument 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 instrument

Immediately after this instrument is registered.

11 December 2020

Note: This table relates only to the provisions of this instrument as originally made.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

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

3  Authority

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

4  Definitions

  In this instrument:

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 COVID19 Consumer Travel Support Program (the program) is prescribed.

 (2) The purpose of the program is to alleviate the negative economic impacts of the coronavirus known as COVID19 on the travel industry by providing immediate, shortterm financial support to travel agents, and tour arrangement service providers, that have, at any time, qualified for the jobkeeper scheme.

6  Specified legislative power

  For the purposes of subsection 33(3) of the Act, the powers of the Parliament to make laws with respect to the following are specified:

 (a) trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);

 (b) bankruptcy and insolvency (within the meaning of paragraph 51(xvii) of the Constitution);

 (c) enterprises and activities that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation (see paragraph 51(xxxix) and section 61 of the Constitution).

Endnotes

Endnote 1—Legislation history

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Industry Research and Development (COVID19 Consumer Travel Support Program) Instrument 2020

11 Dec 2020 (F2020L01594)

11 Dec 2020 (s 2(1) item 1)

 

Industry Research and Development (COVID19 Consumer Travel Support Program) Amendment Instrument 2021

16 Apr 2021 (F2021L00452)

17 Apr 2021 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2.....................

rep LA s 48D

s 5.....................

am F2021L00452

 

 

Overview

The Industry Research and Development (COVID-19 Consumer Travel Support Program) Instrument 2020 was enacted to address the economic impacts of the COVID-19 pandemic on the travel industry, particularly affecting travel agents and tour arrangement service providers who qualified for the jobkeeper scheme. This legislative instrument was made under section 33 of the Industry Research and Development Act 1986 by the Australian Parliament, aiming to provide immediate and short-term financial support to alleviate the economic strain caused by the pandemic. The instrument prescribes the COVID-19 Consumer Travel Support Program as a means to achieve this objective. It specifies the legislative power of the Parliament in relation to trade and commerce, bankruptcy and insolvency, and national government activities. The instrument was registered on 11 December 2020 and commenced on the same date, with subsequent amendments registered on 16 April 2021 and commencing on 17 April 2021.

Scope and Application

The Industry Research and Development (COVID-19 Consumer Travel Support Program) Instrument 2020 applies to entities within the travel industry, specifically travel agents and tour arrangement service providers, who have qualified for the jobkeeper scheme. This legislation aims to provide immediate, short-term financial support to alleviate the economic impacts of COVID-19 on these sectors. The instrument operates under the authority of section 33 of the Industry Research and Development Act 1986 and was made to address the specific legislative powers related to trade, commerce, bankruptcy, insolvency, and national enterprises as outlined in the Australian Constitution. The instrument came into effect immediately after registration on 11 December 2020, with subsequent amendments taking effect on 17 April 2021. The scope of the instrument extends to the Commonwealth jurisdiction, and while it primarily targets the travel industry, it does not explicitly state any exclusions or thresholds, though it does specify the legislative powers underpinning its creation. Any further application or modification of the instrument may be extended through subordinate instruments or amendments.

Key Provisions

The Industry Research and Development (COVID-19 Consumer Travel Support Program) Instrument 2020, which commenced on 11 December 2020, designates the COVID-19 Consumer Travel Support Program as prescribed under section 33 of the Industry Research and Development Act 1986 (section 5). The primary objective of this program is to mitigate the economic repercussions of COVID-19 on the travel sector by offering immediate, short-term financial assistance to travel agents and tour arrangement service providers who have been eligible for the JobKeeper scheme at any point in time (section 5(1)). The instrument specifies the legislative powers of Parliament related to trade and commerce, bankruptcy and insolvency, and national enterprises, as required under section 33(3) of the Act (section 6). Under this legislation, entities such as travel agents and tour arrangement service providers who meet the eligibility criteria for the JobKeeper scheme are required to apply for the financial support provided by the COVID-19 Consumer Travel Support Program. These entities must provide necessary documentation to substantiate their eligibility and demonstrate the economic impact of the pandemic on their operations. Furthermore, the program necessitates that recipients use the financial support for specific purposes directly related to the alleviation of economic difficulties caused by the COVID-19 pandemic. Breaches of the terms and conditions set forth by the COVID-19 Consumer Travel Support Program may lead to various consequences, including the forfeiture of financial support, legal action, and potential administrative penalties. While the instrument does not explicitly state maximum penalties for breaches, it implies that non-compliance could result in significant legal repercussions, as the financial support is intended to be used strictly for the purposes outlined in the program. Any misuse or fraudulent application for the support could be subject to further scrutiny and penalties as per other relevant legislation. The instrument underscores the importance of adhering to the guidelines and requirements of the COVID-19 Consumer Travel Support Program. It mandates that all participants ensure their activities align with the program's objectives and maintain transparency in their applications and use of funds. Failure to comply with these obligations could not only result in the cessation of support but also expose entities to potential legal actions and other consequences as deemed appropriate by the relevant authorities.

Legal classification tags

Area of Law
Economic Law
Instrument
Legislative Instrument
Concepts
Commencement Provisions
Definitions & Interpretation
Regulatory Standards
Catchwords
COVID-19 Consumer Travel Support Program

Interactions

Authorises

All Versions

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.