EXPLANATORY STATEMENT
Issued by the authority of the Minister for Industry, Innovation and Science
Industry Research and Development Act 1986
Industry Research and Development (National Business Simplification Initiative—Connecting Government Digital Business Services 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, by disallowable legislative instrument, programs 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 (National Business Simplification Initiative—Connecting Government Digital Business Services Program) Instrument 2017 (the Instrument) is to prescribe the National Business Simplification Initiative (NBSI) - Connecting Government Digital Business Services Program (the Program). The $9.12 million Program will deliver simplified and streamlined business registration and licensing services for business.
This will be achieved through the enhancement and linking of two pre-existing systems, the Australian Business License and Information System (ABLIS) and Business Registration Service (BRS) with state and territory services. Businesses will be able to access registration and licensing services either through a state website or through business.gov.au, thus creating a ‘no wrong door’ approach. Such an approach will ensure that businesses will be guided through the registration and licensing processes, easily moving between different government sites or services, irrespective of the initial website used to access the services.
The $9.12 million in funding was included in the 2017-18 Budget for a period of 1 year. Maintenance and further minor enhancements to the BRS and ABLIS services will be funded through existing Department of Industry, Innovation and Science allocations.
Funding authorised by this instrument will come from 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. It is detailed under Program 3: Program Support, as set out in the Portfolio Budget Statements 2017-18, Budget Related Paper No 1.12, Industry, Innovation and Science Portfolio page 34.
As the funding is for the procurement of contracted service providers, and not for funding grants, there are no selection criteria and the Program will not be subject to a merits review process.
The Program will be administered by the Department of Industry, Innovation and Science. The decision-maker for funding made under this initiative will be a section 34 Industry, Research and Development Act 1986 (Cth) delegate. All procurement related decisions will be made in accordance with the Public Governance, Performance and Accountability Act 2013 (Cth) and, if applicable, 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 (section 51(v) of the Constitution), which encompasses the Commonwealth’s ability to make laws with respect to postal, telegraphic, telephonic, and other like services.
In this regard, funding provided under the Legislative Instrument will support the establishment or enhancement of an exclusively online platform (and related online services) involving the communication of information via the internet.
This Program will assist industry (generally) by helping businesses to connect with government resources dealing with licensing and compliance issues. Additionally, the program innovatively streamlines licensing and registration requirements for new businesses.
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 the Legislative Instrument. The Treasury, Australian Tax Office and the Digital Transformation Agency were consulted on the development of the Program, however it was not considered necessary to consult on the Legislative Instrument itself, as it simply specifies the program as agreed.
Regulatory Impact
It is estimated that the Program will have no regulatory impact on businesses (OBPR reference number: 21915)
Details of the Industry Research and Development (National Business Simplification Initiative—Connecting Government Digital Business Services Program) Instrument 2017
Section 1 – Name of Instrument
This section specifies the name of the Legislative Instrument as the Industry Research and Development (National Business Simplification Initiative—Connecting Government Digital Business Services Program) Instrument 2017.
Section 2 – Commencement
This section provides that the Legislative Instrument commences on the day after it is registered.
Section 3 – Authority
This section sets out the provision of the Industry, Research and Development Act 1986 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 National Business Simplification Initiative—Connecting Government Digital Business Services Program under which the Commonwealth will work with jurisdictions to simplify, improve and enable linking of the Australian Business Licence and Information Service (ABLIS), Business Registration Service (BRS) and state and territory services. The Program will deliver:
- Application Programming Interfaces (APIs) for the existing Business Registration Service (BRS) and the Australian Business Licence and Information Service (ABLIS) to enable connection with each other as well as state and territory services and non-government third parties;
- capability to enable re-use of data collected through registration and licensing processes between the Commonwealth and jurisdictions (with user permission);
- an improved content management functionality for ABLIS so that jurisdictions can easily manage their own data on licenses and permits;
- an improved user interface and search functionality for ABLIS that will deliver a better user experience aligned with current best practice in service design including for mobile devices (responsive design); and
- a personalised renewal reminder service for relevant licences and permits to help business comply with their obligations.
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 that the legislative power in respect of which the instrument is made is the power of the Parliament to make laws with respect to postal, telegraphic, and other like services.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Industry Research and Development (National Business Simplification Initiative – connecting Government digital business services) 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 National Business Simplification Initiative – Connecting Government Digital Business Services 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.
Senator the Hon Arthur Sinodinos AO
Minister for Industry, Innovation and Science