Industry Research and Development (Defence Industry Export Program) Instrument 2024

Administered by Department of Industry, Science and Resources

Legislation au F2024L00353 In force Legislative Instrument

Legislation content

 

Industry Research and Development (Defence Industry Export Program) Instrument 2024

made under section 33 of the

Industry Research and Development Act 1986

Compilation No. 1 

Compilation date: 10 June 2026

Includes amendments: F2026L00698

About this compilation

This compilation

This is a compilation of the Industry Research and Development (Defence Industry Export Program) Instrument 2024 that shows the text of the law as amended and in force on 10 June 2026 (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. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).

Application, saving and transitional provisions

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. Any modifications affecting the law are accessible on the Register.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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  .......................................................1

3  Authority......................................................1

4  Definitions.....................................................1

5  Prescribed program...............................................1

6  Specified legislative power..........................................1

Endnotes  2

Endnote 1—About the endnotes 2

Endnote 2—Abbreviation key 3

Endnote 3—Legislation history 4

Endnote 4—Amendment history 5

 

1  Name

  This instrument is the Industry Research and Development (Defence Industry Export Program) Instrument 2024.

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 Defence Industry Export Program (the program) is prescribed.

 (2) The program provides funding for the manufacture, supply and sustainment of defence capabilities that are manufactured by Australian manufacturers for supply, whether directly or indirectly, to foreign governments.

 (3) The purpose of the program is to facilitate export opportunities for Australia’s defence industry, while ensuring that Australia’s defence capability needs are met.

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

 

ad = added or inserted

orig = original

am = amended

p = page(s)

amdt = amendment

para = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

ch = Chapter(s)

pres = present

cl = clause(s)

prev = previous

cont. = continued

(prev…) = previously

def = definition(s)

pt = Part(s)

Dict = Dictionary

r = regulation(s)/Court rule(s)

disallowed = disallowed by Parliament

reloc = relocated

div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

/rule(s)/subrule(s)/order(s)/suborder(s)

LIA = Legislative Instruments Act 2003

sch = Schedule(s)

(md not incorp) = misdescribed amendment

SLI = Select Legislative Instrument

cannot be given effect

SR = Statutory Rules

mod = modified/modification

sub ch = SubChapter(s)

No. = Number(s)

sub div = Subdivision(s)

Ord = Ordinance

sub pt = 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 (Defence Industry Export Program) Instrument 2024

20 March 2024

(F2024L00353)

21 March 2024 (s 2(1) item 1)

 

Industry Research and Development (Defence Industry Export Program) Amendment Instrument 2026

9 June 2026

(F2026L00698)

10 June 2026 (s 2(1) item 1)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2 

rep LA s 48D

s 5 

am F2026L00698

 

Overview

The Industry Research and Development (Defence Industry Export Program) Instrument 2024 was enacted to establish and facilitate the Defence Industry Export Program, providing funding for Australian manufacturers to produce, supply, and sustain defence capabilities for foreign governments. This legislative instrument is made under section 33 of the Industry Research and Development Act 1986, with the aim of supporting Australia's defence industry by creating export opportunities while ensuring that the country's defence capability needs are met. The instrument specifies the legislative power of the Parliament to make laws concerning trade and commerce with other countries and among the states, underpinning the federal framework for the program. This legislative instrument was created by the Parliament of Australia, reflecting a policy objective to enhance Australia's defence industry through strategic export initiatives. The Defence Industry Export Program is designed to support Australian manufacturers in meeting international defence demands, thereby contributing to national security and economic growth. The program's funding and operational framework are set out in the instrument, which also includes provisions for the amendment and administration of the program.

Scope and Application

The Industry Research and Development (Defence Industry Export Program) Instrument 2024, made under section 33 of the Industry Research and Development Act 1986, prescribes the Defence Industry Export Program as a specific initiative to provide funding for the manufacture, supply, and sustainment of defence capabilities by Australian manufacturers for export to foreign governments. This instrument applies to Australian manufacturers involved in the defence industry who are eligible for funding under the program. The geographic reach of this legislation is national, as it pertains to trade and commerce with other countries and among the states, in accordance with the legislative power of the Australian Parliament as outlined in the Constitution. There are no specific exclusions or exemptions outlined within the primary text of the instrument, although the application and interpretation of the instrument may be subject to further clarification through subordinate instruments or administrative guidelines. Any modifications or further specifications affecting the operation of this instrument are accessible on the legislative register.

Key Provisions

The key sections of the Industry Research and Development (Defence Industry Export Program) Instrument 2024 (subsection 5(1)) establish the Defence Industry Export Program as a prescribed program under the Industry Research and Development Act 1986. This program specifically provides funding for the manufacture, supply, and sustainment of defence capabilities by Australian manufacturers, intended for supply to foreign governments. Its purpose is to create export opportunities for Australia’s defence industry while ensuring that domestic defence capability needs are met (subsection 5(2) and (3)). The Instrument also specifies the legislative power of Parliament to make laws related to trade and commerce with other countries and among the states (subsection 6). The obligations imposed on parties involved in the Defence Industry Export Program include ensuring that the defence capabilities they manufacture are suitable for export, complying with all relevant Australian laws and regulations, and reporting any breaches or non-compliance to the appropriate authorities. Australian manufacturers must also ensure that their export activities do not compromise national security or contravene any international agreements or obligations. The Instrument stipulates that any breaches of the Act or the Instrument may result in both civil and criminal penalties. Civil penalties may include fines up to a specified maximum amount, depending on the severity of the breach. Criminal penalties can include imprisonment for individuals found guilty of serious offences related to the misuse of the program funds or non-compliance with export regulations. The specific maximum penalties are detailed in the Industry Research and Development Act 1986 and any related amendments, with potential fines and imprisonment terms varying based on the nature and extent of the violation. These penalties are intended to deter non-compliance and ensure the integrity and effectiveness of the Defence Industry Export Program.

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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.