EXPLANATORY STATEMENT
Issued by the authority of the Minister for Resources and Water
Industry Research and Development Act 1986
Industry Research and Development (Digital Atlas of Australia Program) Instrument 2021
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 entity, or by their delegate (under section 36).
The purpose of the Industry Research and Development (Digital Atlas of Australia Program) Instrument 2021 (the Legislative Instrument) is to prescribe the Digital Atlas of Australia Program (the Program). Funding authorised by this Legislative Instrument comes from Program 1 – Geoscientific and Spatial Information Services, Outcome 1, as set out in the Portfolio Budget Statement 2021-22, Budget Related Paper No. 1.9, Industry, Science, Energy and Resources Portfolio (https://www.industry.gov.au/about-us/budget-statements) at page 248. The Program provides $40.2 million over the next four years as part of the Australian Government’s commitment to making Australia a world leading digital economy by 2030.
The Program provides funding directly to Geoscience Australia for the development and maintenance of a Digital Atlas of Australia. The three-dimensional Digital Atlas of Australia's geography, will bring together the wealth of Government data on people, the economy, employment, infrastructure, health, land and the environment into a single national data
asset—making better use of Australia's over 90,000 open datasets to create a secure, dynamic, location-based and collaborative public data platform.
The Digital Atlas of Australia will be the next generation of the Australian Government's location-based data infrastructure. The platform will drive improved place-based policy, planning, investments and decision-making across all sectors and levels of government.
With the Digital Atlas of Australia, users will have secure and private access to visualise and derive new insights from their own data. This will open up new economic and social opportunities. By presenting data overlaid on Australia's geography, individuals, governments and other organisations can better understand and respond to issues such as, the economic impacts of COVID-19 and infrastructure planning. Users will be able to combine other publicly available data and overlay their private data on the platform to provide a more detailed and integrated map. It will also enable businesses to be better informed on economic, demographic, and infrastructure settings to guide decisions on where business activity and investment is best targeted.
Additionally, the Program will leverage other existing Australian Government investments. For example, the Program will be based off a modernised and uplifted NationalMap. NationalMap, released in 2014, is an outdated online map-based tool that provides access to spatial data from Australian government agencies. The Digital Atlas of Australia will also connect into and/or compliment a number of other related Australian Government data and digital commitments, namely, data.gov.au, the Australian Climate Service, the Regional Data Hub and Regions of Growth initiative. Geoscience Australia will also work directly with States and Territories (where possible) to partner in developing immersive and dynamic 3D virtual models of Australia’s infrastructure and more, to incorporate into the Digital Atlas of Australia as it matures in coming years. This will ensure that the Program is not duplicating existing efforts and is effectively utilising Australia’s expertise.
The Program will be delivered by Geoscience Australia, a non-corporate Commonwealth entity, within the Industry, Science, Energy and Resources Portfolio, with extensive expertise and capability in delivering similar programs.
The Program will be administered by Geoscience Australia. The Program funding will be allocated through direct funding allocations to Geoscience Australia. Some funding will be invested in other government organisations to ensure their data is fit for purpose for use by the Digital Atlas. A portion of the funding will be distributed to industry using Australian Government procurement processes, including AusTender. Industry will be funded to provide design and development services for the Digital Atlas of Australia platform, and assist with strategy and data improvements.
Spending decisions will be made according to Geoscience Australia’s financial delegations following recommendations of the Digital Atlas of Australia Program Board, chaired by the Chief of the Place, Space and Communities Division.
Geoscience Australia is uniquely suited to delivering this Program as Geoscience Australia has a long and respected history of leadership in making available easy to use, fit for purpose and nationally consistent digital mapping of Australia’s large and complex geography for government, business and the community.
The Program will not be subject to a formal process of merits review as it involves the allocation of finite resources to Geoscience Australia to allow the Program to meet required timeframes and achieve the Australian Government’s objectives.
Persons who are otherwise affected by decisions or who have complaints about the Program will also have recourse to Geoscience Australia. Geoscience Australia investigates any complaints about the Program in accordance with its complaints policy and procedures. If a person is not satisfied with the way Geoscience Australia handles the complaint, they may lodge a complaint with the Commonwealth Ombudsman.
The Legislative Instrument specifies that the legislative powers in respect of which the Instrument is made are the following:
Communications power
Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'.
In that regard, funding provided under the Legislative Instrument will be used to develop a digital platform accessible by government, businesses and the public via the internet.
Executive power and express incidental power, including the nationhood aspect
The express incidental power in section 51(xxxix) of the Constitution empowers the Parliament to make laws with respect to matters incidental to the execution of any power vested in the Parliament, the executive or the courts by the Constitution. The executive power in section 61 of the Constitution supports activities that are peculiarly adapted to the government of a nation and cannot be carried out for the benefit of the nation otherwise than by the Commonwealth. The executive power also extends to activities that form part of the ordinary and well-recognised functions of government.
In that regard, funding provided under the Legislative Instrument will support the development of accessible and authoritative information on Australia’s geography which will cover a national scope. The development and implementation of the national platform will be led by Geoscience Australia, the national geoscience public sector organisation—the trusted source of information on Australia’s geology and geography for government, industry and community decision making. Funding provided under the Legislative Instrument will also be used to provide the Commonwealth with accessible and authoritative information on Australia’s geography.
Census and statistics power
Section 51(xi) of the Constitution empowers the Parliament to make laws with respect to ‘census and statistics’.
In that regard, funding provided under the Legislative Instrument will support the collection, compilation and analysis of statistical information regarding Australia’s geography, people, economy, employment, infrastructure, health, land and the environment, and the dissemination of information that has been so compiled or analysed.
Authority
Section 33 of the IR&D Act provides authority for the Legislative Instrument.
Consultation
In accordance with section 17 of the Legislation Act 2003, the Attorney-General’s Department has been consulted on this Legislative Instrument.
In the development of the Program, Geoscience Australia has consulted with experts and affected persons across government, business and the community.
Regulatory Impact
It is estimated that the regulatory burden is likely to be nil (OBPR reference number 43831).
Details of the Industry Research and Development (Digital Atlas of Australia Program) Instrument 2021
Section 1 – Name of Instrument
This section specifies the name of the Legislative Instrument as the Industry Research and Development (Digital Atlas of Australia Program) Instrument 2021.
Section 2 – Commencement
This section provides that the Legislative Instrument commences on the day after registration on the Federal Register of Legislation.
Section 3 – Authority
This section specifies the provision of the Industry, Research and Development Act 1986 (the IR&D Act) under which the Legislative Instrument is made.
Section 4 – Definitions
This item provides for definitions of terms used in the Legislative Instrument.
Section 5 – Prescribed Program
This section prescribes the Digital Atlas of Australia Program (the Program) for the purposes of section 33 of the IR&D Act.
The Program provides funding for the development and maintenance of a digital atlas of Australia’s geography, incorporating a variety of data content and analytic tools, with secure Commonwealth access and a public interface. The purpose of the Program is to enhance the Commonwealth’s location-based data and scientific infrastructure and capability. The three-dimensional Digital Atlas of Australia's geography, will bring together the wealth of Government data on people, the economy, employment, infrastructure, health, land and the environment into a single national data asset.
The Program is not a grants program.
Section 6 – Specified Legislative Power
This section specifies that the legislative powers in respect of which the Legislative Instrument is made are the powers of the Parliament to make laws with respect to postal, telegraphic, telephonic and other like services (s 51(v) of the Constitution); census and statistics (s 51(xi) of the Constitution); and matters incidental to the exercise of the executive power of the Commonwealth, including measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation (s 51(xxxix) and s 61 of the Constitution).
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Industry Research and Development (Digital Atlas of Australia Program) Instrument 2021
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 purpose of the Industry Research and Development (Digital Atlas of Australia Program) Instrument 2021 is to prescribe the Digital Atlas of Australia Program (the Program).
The Program provides funding for the development and maintenance of a Digital Atlas of Australia’s geography, incorporating a variety of data content and analytic tools, with secure Commonwealth access and a public interface. The purpose of the Program is to enhance the Commonwealth’s location-based data and scientific infrastructure and capability.
The three-dimensional Digital Atlas of Australia's geography, brings together the wealth of Government data on people, the economy, employment, infrastructure, health, land and the environment into a single national data asset.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Keith Pitt MP
Minister for Resources and Water