EXPLANATORY STATEMENT
Issued by the authority of the Minister for Jobs and Innovation
Industry Research and Development Act 1986
Industry Research and Development (High Performance Computing—Pawsey Program) Instrument 2018
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 (High Performance Computing—Pawsey Program) Instrument 2018 (the Legislative Instrument) is to prescribe the High Performance Computing—Pawsey Program (the Program). The funding for the Program has been secured through the 2017-18 Portfolio Supplementary Additional Estimates. The Program provides $70 million to support the Pawsey Supercomputing Centre (Pawsey), which is a national research infrastructure facility offering world-class high performance computing (HPC), data and visualisation services to a diverse user community. The Program provides funding to refresh the Magnus and Galaxy computers hosted by Pawsey, and associated infrastructure, including data processing and storage systems.
Pawsey operations are delivered through an existing Unincorporated Joint Venture (UJV), governed by the Pawsey Members Agreement 2016. Funding will be made available to a university member of the UJV to undertake eligible projects to maintain Pawsey. Curtin University was chosen in consultation with the Pawsey Supercomputing Centre Board of Management as the UVJ university member to receive the funding.
Funding authorised by this instrument will come 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 streaming regulation, as set out in the Portfolio Supplementary Additional Estimates Statements 2017-18, Appropriation Bill (No. 5) 2017-18 and Appropriation Bill (No. 6) 2017-18, Jobs and Innovation Portfolio (Industry, Innovation and Science) (https://industry.gov.au/AboutUs/Budget/Documents/2017-18-Department-of-Industry-Innovation-and-Science-PSAES.pdf), at pages 2 and 3.
The Program will be administered by the Science and Commercialisation Policy Division of the Department of Industry, Innovation and Science (the Department), which has extensive subject matter expertise and experience in delivering similar programs.
The Program is an ad hoc grant program 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 Program Delegate, who is the Science and Commercialisation Policy Division General Manager responsible for administering the Program.
One grant will be provided for the full amount of available funding of $70 million.
As this is a targeted one-off grant, there are no selection criteria and the Program will not be subject to merits review.
Persons who have complaints about the Program will have recourse to the Department. The Department will investigate 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 implied nationhood power, the astronomical and meteorological observations power (s 51(viii) of the Constitution) and the territories power (s 122 of the Constitution).
The implied nationhood power encompasses the Commonwealth’s ability to engage in activities which 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). In that regard, funding provided under the Legislative Instrument will be a critical component of Australia’s national research and innovation system and support important government, research and business services. The non-linear nature of the returns delivered by HPC research and the expectations that HPC support will deliver national, social and health outcomes makes this a critical area for government investment. The Program will also support Australia’s astronomy research community and its ongoing operation ensures that both east and west coast researchers are supported to benefit the nation.
Section 51(viii) of the Constitution empowers the Parliament to make laws with respect to ‘astronomical and metrological observations’. Funding provided under the Legislative Instrument will support Australia’s astronomy research community - the Galaxy computer supports the use of two pathfinder telescopes.
Section 122 of the Constitution empowers the Parliament to ‘make laws for the government of any territory’. Funding provided under the Legislative Instrument may be made to an entity operating in a territory.
Background
The Australian Government committed $70 million for Pawsey, one of two complementary and interconnected HPC facilities in Australia. This follows a comparable funding commitment for the National Computational Infrastructure (NCI) in late 2017. Together, these two investments address the need to replace the nation’s supercomputers as an urgent priority, as outlined in the 2015 Research Infrastructure Review (https://docs.education.gov.au/system/files/doc/other/research_infrastructure_review.pdf) and the 2016 National Research Infrastructure Roadmap (https://docs.education.gov.au/documents/2016-national-research-infrastructure-roadmap).
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 Nil (OBPR reference number 23200).
Details of the Industry Research and Development (High Performance Computing—Pawsey Program) Instrument 2018
PART 1 – PRELIMINARY
Section 1 – Name of Instrument
This section specifies the name of the Legislative Instrument as the Industry Research and Development (High Performance Computing—Pawsey Program) Instrument 2018.
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 High Performance Computing—Pawsey Program (the Program) for the purposes of s 33 of the Act.
The Program provides an ad hoc grant.
Section 6 – Specified legislative power
This section specifies that the legislative powers in respect of which the Legislative Instrument is made is the power of the Parliament to make laws with respect to astronomical and meteorological observations (paragraph 51(viii) of the Constitution), the government of a Territory (section 122 of the Constitution) and 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 (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 (High Performance Computing—Pawsey Program) Instrument 2018
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 provides $70 million as part of the Australian Government’s commitment to secure the future of high performance computing (HPC) in Australia.
The Pawsey Supercomputing Centre is a national research infrastructure facility offering world-class HPC, data and visualisation services to a diverse user community. The Program delivers financial assistance to expand the Pawsey Supercomputing Centre’s computing and data capability and upgrade associated infrastructure.
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 Michaelia Cash
Minister for Jobs and Innovation