EXPLANATORY STATEMENT
Issued by the authority of the Minister for Industry, Innovation and Science
Industry Research and Development Act 1986
Industry Research and Development (Digital Earth Australia Program) Instrument 2017
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 s33 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 s33, 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 s36).
The purpose of the Industry Research and Development (Digital Earth Australia Program) Instrument 2017 (the Legislative Instrument) is to prescribe the Digital Earth Australia Program (the Program). The funding for the first two years has been secured through the Public Service Modernisation Fund and will be used to support construction of the Digital Earth Australia (DEA) platform - a repository for observations of the Earth’s surface as collected by satellites. The platform will also deliver specialised tools to process, interrogate, analyse and present Earth observation satellite and other data.
Funding authorised by this instrument will come from Program 1: Geoscientific and Spatial Information Services, Outcome 1, as set out in the Portfolio Budget Statements 2017-2018, Budget Related Paper No.1.12, Industry, Innovation and Science Portfolio at pages 143, 151 and 154. The funding will be made available to Geoscience Australia in mid-2017 to facilitate development of the DEA platform. Geoscience Australia has proven the technical feasibility and potential benefits of the proposal, by developing a pilot platform, the Australian Geoscience Data Cube (Data Cube). The Program will build on the Data Cube, operationalising and expanding it and allowing tools to be developed based on Australian Government and national need. The Program will facilitate a national, open big-data analysis capability that will enable measurement and detection of changes across the Australian landscape over time. It will translate almost three decades of existing satellite imagery of the Australian continent and coastline, taken every two weeks to a resolution of 25 metres, into insights about health and productivity of the Australian continent.
There are no selection criteria that will be used consistently across the Program, given that Geoscience Australia will need to acquire unique and individualised services to deliver the Program at specific times. The Program will not be subject to a formal process of merits review, as the required services are known and can only be delivered by very few suppliers. Additionally, the Program will also try to leverage other existing Australian Government investments. For example, one of the key products that will be needed is new research and algorithms to translate satellite measurements into information about the health and state of the environment. Geoscience Australia would work directly with existing groups such as the Terrestrial Ecosystem Research Network to leverage their existing funding to partners to develop the required algorithms. This would ensure that the Program is not duplicating existing efforts and is effectively utilising Australia’s expertise.
The Program will be administered by Geoscience Australia. Spending decisions will be made by the delegate of the Accountable Authority, who will be the Chief Financial Officer with responsibility for the Program. The Program will also be administered in accordance with the Commonwealth Grant Rules and Guidelines (https://www.finance.gov.au/sites/default/files/commonwealth-grants-rules-and-guidelines-July2014.pdf) and the Commonwealth Procurement Rules (http://www.finance.gov.au/sites/default/files/2014%20Commonwealth%20Procurement%20Rules.pdf).
The Legislative Instrument specifies that the legislative power in respect of which the Instrument is made is the Commonwealth communications power (s 51(v)), the census and statistics power (s 51(xi), the implied nationhood power and the express incidental power and executive power (s 51(xxxix) and s 61) of the Constitution. In that regard, the Program prescribed by the Instrument is aimed at supporting the storage, analysis and availability of satellite and other data to communicate information about Australian and international landscapes and marine environments to individuals, governments and businesses through Geoscience Australia.
Consultation
In accordance with section 17 of the Legislation Act 2003, the Attorney-General’s Department and the Department of Finance have been consulted on this Legislative Instrument.
Regulatory Impact
It is estimated that the Program will not change regulatory burden.(OBPR reference number: 20732).
Details of the Industry Research and Development (Digital Earth Australia Program) Instrument 2017
PART 1 – PRELIMINARY
Section 1 – Name of Instrument
This section specifies the name of the Legislative Instrument as the Industry Research and Development (Digital Earth Australia Program) Instrument 2017.
Section 2 – Commencement
This section provides that the Legislative Instrument commenced 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 under which the Legislative Instrument is made.
Section 4 – Definitions
This section provides for definitions of terms used in the Legislative Instrument.
Section 5 – Prescribed program
This section prescribes the Digital Earth Australia Program (the Program) which will arrange for and enable the storage, analysis and availability of satellite and other data to provide information about Australian and international landscapes and marine environment.
The table specifies in column 1 the name of the program, and in column 2 the description and purpose of the program.
Section 6 – Specified legislative power
This section specifies the legislative powers in respect of which the instrument is made are the powers of the Parliament to make laws with respect to:
(a) the communications power (s 51(v));
(b) the census and statistics power (s 51(xi);
(c) the implied nationhood power; and
(d) the express incidental power and executive power (s 51(xxxix) and s 61).
With respect to the communications power, the Program will be disseminated and accessed by businesses using DEA data through the internet.
With respect to the census and statistics power, the Program will involve the collection, compilation and analysis of statistical information regarding the Australian landscape, and the dissemination of information that has been so compiled or analysed.
With respect to the implied nationhood power, the Program will provide for the funding of research into matters of national importance. Specifically, the Program will collect information on the Australian continent and coast (not limited to specific regions) and this information will feed into policy-making based on the needs of the Australian Government, as determined by an intergovernmental committee. Depending upon the Australian Government’s priorities, the Program could provide information on issues such as soil and coastal erosion, crop growth, water presence and quality and changes in cities across the whole country.
With respect to the express incidental and executive power of Commonwealth, the Program will inform the Commonwealth on activities such as understanding soil and coastal erosion, crop growth, water presence and quality, and changes to cities and regions and will therefore contribute to Commonwealth policy development.
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 Earth Australia Program) Instrument 2017
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
This instrument provides legislative authority to commit Commonwealth funds for the Digital Earth Australia Program.
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 Minister for Industry, Innovation and Science, the Hon Arthur Sinodinos Senator