Industry Research and Development (Global Innovation Strategy—Strategic Funding Program) Instrument 2019

Administered by Department of Industry, Science and Resources

Legislation au F2019L00628 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Industry, Science and Technology

Industry Research and Development Act 1986

Industry Research and Development (Global Innovation Strategy – Strategic Funding Program) Instrument 2019

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 (Global Innovation Strategy – Strategic Funding Program) Instrument 2019 (the Legislative Instrument) is to prescribe the Global Innovation Strategy – Strategic Funding Program (the Program). The Program is a new stream of the existing Global Innovation Strategy. Legislative authority for the existing Global Innovation Strategy is provided under item 143 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997 (Cth).

The funding for the Program has been secured through the Department of Industry, Innovation and Science (the Department) 2018-19 Budget. The Program will provide up to $5.1 million in financial years 2019/20, 2020/21 and 2021/22 as part of the Australian Government’s $20 million Supporting Australian innovation in Asia 2018-19 Budget measure. The Program represents a commitment to develop a strategic approach to support enhanced innovation engagement internationally. Through government-to-government engagements, the Program will provide financial assistance to foster, improve and promote international collaboration, and a whole-of-government global engagement on entrepreneurship, innovation, science and research.

The Program’s funding will:

  • Help Australians take their ideas to the world, particularly through building strong research and business connections internationally;
  • Encourage and leverage foreign governments and private sector investments in Australia;
  • Help to build relationships at a government-to-government level, attracting strong interest in, and the ability to leverage, co-investment in Australian business and research by foreign governments and organisations; and
  • Assist Australian business, entrepreneurs and researchers to capitalise on opportunities to develop and commercialise innovative products and services internationally.

Funding will be available to successful recipients to undertake eligible projects that include, for example:

  • Workshops and missions involving businesses, entrepreneurs and researchers to seed new collaborations and commercial partnerships;
  • Collaborative projects for businesses and researchers to work with leading global partners on cutting-edge research, development and commercialisation projects; and
  • Exchanges and fellowships for exceptional early career entrepreneurs and researchers, both inbound and outbound, to improve their professional capabilities and forge long-lasting networks.

Funding authorised by this Legislative Instrument comes from Program 1: Supporting Science and Commercialisation, Outcome 1: Enabling growth and productivity for globally competitive industries through supporting science and commercialisation, growing business investment and improving business capability and streamlining regulation, as set out in the Portfolio Budget Statements 2018-19, Budget Related Paper No. 1.13A, Jobs and Innovation Portfolio (Industry, Innovation and Science) (https://www.industry.gov.au/sites/default/files/2018-19-department-of-industry-innovation-and-science-pbs.pdf) at page 31.

The Program will be delivered by the Department, which has extensive expertise and capability in delivering similar programs.

The Program is an ad-hoc grants program, with potential for the recipient to conduct competitive processes for additional grant activities. Additional grant activities conducted by recipients of the Program’s ad-hoc grants will require tailored selection and assessment processes. These competitive processes will be unique to the programs or projects established by recipients of the initial ad-hoc grant, and be required to meet the terms and conditions specified in the overarching contractual agreement established via the Government’s Grants Hub. The initial ad-hoc grant will be administered by the Department in accordance with the Commonwealth Grant Rules and Guidelines 2017 (http://www.finance.gov.au/sites/default/files/commonwealth-grants-rules-and-guidelines.pdf).

Spending decisions will be made by the Minister for Industry, Science and Technology, taking into account the recommendations of the Department. Proposed spending activities will be assessed by the Department against a set of strategic international engagement principles, which will be made available to funding recipients. These principles will be determined in consultation with other portfolios and relevant experts as appropriate, to ensure strategic benefit to Australia and alignment with broader Australian Government priorities.

Merits review will not apply to decisions about the provision of non-competitive grants under the Program. This is appropriate as grants will represent a budgetary decision of a policy nature, affecting Australia’s relations with other countries.

Persons who are otherwise affected by decisions or who have complaints about the Program will also have recourse to the Department. The Department investigates any complaints about the Program in accordance with its complaints policy and procedures. If a person is not satisfied with the way the Department handles the complaint, they may lodge a complaint with the Commonwealth Ombudsman.

The Legislative Instrument specifies that the Program spending is supported by the trade and commerce power in paragraph 51(i) of the Constitution, the external affairs power in paragraph 51(xxix) of the Constitution, and the executive power in s 61 taken together with the express incidental power in s 51(xxxix), including the nationhood aspect.

Trade and commerce power

Section 51(i) of the Constitution empowers the Parliament to make laws with respect to ‘trade and commerce with other countries, and among the States’. Funding provided under the Program will help Australian business, entrepreneurs and researchers to capitalise on opportunities to develop and commercialise innovative products and services internationally. The funding will also help to build relationships at a government-to-government level, attracting strong interest in collaboration and co-investment in Australian business and research by foreign governments and organisations, further enhancing Australia’s innovation, science and research credentials to the world. This promotion of international trade and commerce will in turn support Australia’s efforts to attract and retain the capabilities required for strong economic growth in a fast evolving international digital economy. The Program will also act to further Australia’s science diplomacy efforts, promoting international collaboration for public good.

External affairs power

Section 51(xxix) of the Constitution empowers the Parliament to make laws with respect to ‘external affairs’. The external affairs power supports laws affecting Australia’s relations with other countries. Funding provided under the Legislative Instrument will include funding which promotes co-investment from foreign governments and allows resourcing of global innovation and collaboration activities. Further, the Legislative Instrument will support Australia’s foreign policy objectives and align with whole-of-government strategic collaboration under bilateral and multilateral relationships. The external affairs power also supports legislation with respect to matters or things outside the geographical limits of Australia. Funding provided under the Legislative Instrument may include funding for activities outside Australia, such as overseas workshops and outbound exchanges, and to that extent, would be supported by the geographically external aspect of the external affairs power.

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 it by the Constitution. Together with the executive power in section 61 of the Constitution, the express incidental power 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. Funding provided under the Legislative Instrument is for international collaboration that only the Commonwealth could practically initiate, such as through Ministerial-led and departmental bilateral and multilateral government-to-government engagements and dialogues.

Authority

Section 33 of the Industry Research and Development Act 1986 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.

Regulatory Impact

It is estimated that the regulatory burden is likely to be minor (OBPR reference number ID 21847).

Details of the Industry Research and Development (Global Innovation Strategy – Strategic Funding Program) Instrument 2019

Section 1 – Name of Instrument

This section specifies the name of the Legislative Instrument as the Industry Research and Development (Global Innovation Strategy – Strategic Funding Program) Instrument 2019.

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 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 Global Innovation Strategy – Strategic Funding Program (the Program) for the purposes of s 33 of the Act.

The Program will provide funding to support the building of new science, innovation and entrepreneurship partnerships internationally. This will involve funding the linking of domestic science and innovation projects with international counterparts and activities such as exchanges, joint research and workshops. Funding will be dependent on a matched contribution from participating international counterparts, whether that be governments, businesses and/or research institutions.

Section 6Specified Legislative Power

This section specifies that the legislative powers in respect of which the Legislative Instrument is made are the trade and commerce power in paragraph 51(i) of the Constitution, the external affairs power in paragraph 51(xxix) of the Constitution, and measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation (section 61 and paragraph 51(xxxix) 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 (Global Innovation Strategy – Strategic Funding Program) Instrument 2019

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 Program has been developed as part of the Australian Government’s commitment to support enhanced innovation engagement internationally. The program will provide financial assistance to foster, improve and promote international collaboration and whole-of-government global engagement on entrepreneurship, innovation, science and research.

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.

 

Senator the Hon Karen Andrews MP

Minister for Industry, Science and Technology

Overview

The Industry Research and Development (Global Innovation Strategy – Strategic Funding Program) Instrument 2019 was enacted to establish a new funding program under the Industry Research and Development Act 1986. This Act, enacted in 1986, provides a legislative framework for the Australian government to support research and development activities across various industries. The specific Instrument aims to prescribe the Global Innovation Strategy – Strategic Funding Program, a new initiative designed to enhance international collaboration in innovation, science, and research. The program seeks to provide up to $5.1 million annually from 2019/20 to 2021/22, as part of a broader $20 million budget measure to support Australian innovation in Asia. The Instrument was enacted by the Parliament of Australia and aims to facilitate the government's commitment to fostering international partnerships and engagement, thereby promoting Australian innovation on a global scale. The Instrument is grounded in several constitutional powers, including the trade and commerce power under section 51(i), the external affairs power under section 51(xxix), and the executive power combined with the express incidental power under sections 61 and 51(xxxix). This multi-faceted authority ensures that the program can effectively engage with international entities and support strategic global initiatives. The Minister for Industry, Science and Technology, currently Senator the Hon Karen Andrews MP, is responsible for overseeing the spending decisions and implementation of the program, which will be administered by the Department of Industry, Innovation and Science. The program is designed to foster international connections, encourage foreign investment, and facilitate the commercialisation of innovative Australian products and services abroad.

Scope and Application

The Industry Research and Development (Global Innovation Strategy – Strategic Funding Program) Instrument 2019 applies to the Global Innovation Strategy – Strategic Funding Program, which is a new stream under the existing Global Innovation Strategy. This program is designed to provide funding for activities that foster, improve, and promote international collaboration in entrepreneurship, innovation, science, and research. The funding is intended to help Australian businesses, entrepreneurs, and researchers capitalise on international opportunities by building strong research and business connections, encouraging foreign investment in Australia, and facilitating co-investment from foreign governments and organisations. The Program is geographically applicable to both domestic and international activities, as it supports projects that can take place both within Australia and overseas. The program's funding is sourced from the Department of Industry, Innovation and Science, and it is authorised under the Industry Research and Development Act 1986. The Instrument is supported by various legislative powers, including the trade and commerce power, the external affairs power, and the executive power combined with the express incidental power, to allow for the Commonwealth to effectively engage in international collaborations that are in the national interest. The Instrument does not include specific exclusions, exemptions, or thresholds but allows for the Minister to make spending decisions based on strategic international engagement principles, ensuring alignment with broader Australian Government priorities. The Program is delivered as an ad-hoc grants program, with potential for competitive processes for additional grant activities, subject to the terms and conditions specified in the overarching contractual agreement established via the Government’s Grants Hub.

Key Provisions

The Industry Research and Development (Global Innovation Strategy – Strategic Funding Program) Instrument 2019, under section 33 of the Industry Research and Development Act 1986, prescribes the Global Innovation Strategy – Strategic Funding Program. This Program provides funding to support the development of international science, innovation, and entrepreneurship partnerships, which will link domestic science and innovation projects with international counterparts and activities such as exchanges, joint research, and workshops. This funding is contingent on a matched contribution from international participants, which can include governments, businesses, and research institutions. Entities and parties governed by this Act must adhere to the conditions set forth for the Global Innovation Strategy – Strategic Funding Program. This includes ensuring that the funded activities meet the strategic objectives of fostering international collaboration and engagement. The Department of Industry, Innovation and Science, which administers the Program, must conduct competitive processes for additional grant activities, tailored to the specific projects established by recipients of the initial ad-hoc grant. The Department must also ensure that spending decisions align with the strategic international engagement principles, developed in consultation with relevant portfolios and experts. While the Legislative Instrument does not outline specific offences or penalties for breach, non-compliance with the terms and conditions of the grants could result in the revocation of funding or legal action by the Commonwealth. The Department of Industry, Innovation and Science is responsible for investigating complaints about the Program and ensuring that it adheres to the Commonwealth Grant Rules and Guidelines 2017. If a person is dissatisfied with the Department's handling of a complaint, they may lodge a complaint with the Commonwealth Ombudsman. The Legislative Instrument specifies that the Program's spending is supported by the trade and commerce power in paragraph 51(i) of the Constitution, the external affairs power in paragraph 51(xxix) of the Constitution, and the executive power in section 61 taken together with the express incidental power in section 51(xxxix) of the Constitution, including the nationhood aspect. This ensures that the Program is legally authorised and aligns with Australia's broader international and economic objectives.

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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.