Industry Research and Development (National Student Space Challenge Program) Instrument 2023

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Industry and Science

Industry Research and Development Act 1986

Industry Research and Development (National Student Space Challenge Program) Instrument 2023

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 Commonwealth entity, or by their delegate (under section 36).

The purpose of the Industry Research and Development (National Student Space Challenge Program) Instrument 2023 (the Legislative Instrument) is to prescribe the National Student Space Challenge Program (the Program). The funding for the Program has been secured through the Department of Industry, Science and Resources 2023-24 Budget. The total amount of funding for the Program is $3.5 million over four financial years.

The purpose of the Program is to encourage students across Australia to pursue careers in the Australian space and other critical technology industries such as Advanced Manufacturing, AI and Robotics, and provide them with relevant skills and experience to foster Science, Technology, Engineering and Mathematics education, increase the inclusion of underrepresented students in the space and critical technology sector and assist in the delivery of graduates with industry-ready skills.

The Program will provide funding to a tertiary institution, industry body or other suitable tenderer, or to a collaboration of tertiary institutions and industry, to enable the design and conduct of hands-on activities to engage Australian students in the processes of space mission development, launch and operations via a competitive procurement process. The selected tenderer’s activities shall include, but are not limited to:

• program design and eligibility assessments for prospective participants;
• the engagement of industry partners to support the design and conduct of the program;
• the conduct of technological demonstrations;
• the identification, engagement and remuneration of judges for assessment and mentoring;  
• the promotion of such activities to potential participants, industry partners and judges; and
• the provision of prizes to participants in such activities to reward and encourage participation in those activities.

Funding authorised by this Legislative Instrument comes from the Industry, Science and Resources Portfolio, Outcome Support for the Australian Industry, as set out in the Portfolio Budget Statements 2023-2024, Budget Related Paper No. 1.11, Industry, Science, Energy and Resources Portfolio (Budget 2023–24 | Department of Industry, Science and Resources).

The Program will be delivered through one or more procurements. The procurement process will be used to procure tertiary institutions, industry bodies or other suitable tenderer, or a collaboration of tertiary institutions and industry, to enable the activities described above. The Program is administered by the Department of Industry, Science and Resources (the Department) in accordance with the Public Governance, Performance and Accountability Act 2013 (Cth).

Spending decisions will be made by the Program Delegate who is the General Manager responsible for administering the Program, taking into account the recommendations of an independent assessment committee. The Program Delegate is a SES officer who holds delegation under the Department’s general financial framework, including delegation under the Public Governance, Performance and Accountability Act 2013, and sections 34 and 35 of the IR&D Act.

The procurements will be published on AusTender in accordance with the Commonwealth Procurement Rules (https://www.finance.gov.au/government/procurement/commonwealth-procurement-rules).

Decisions under this Program will be subject to the Government Procurement (Judicial Review) Act 2018. Merits review is not appropriate because the Program only authorises procurements and there are existing mechanisms in place for reviews and complaints where appropriate.

Both successful and unsuccessful applicants will be informed in writing. Unsuccessful applicants have an opportunity to discuss the outcome with the Department.

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 legislative power in respect of which the Instrument is made is the following:

Implied Nationhood Power

The express incidental power in paragraph 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. 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.

Funding provided under the Legislative Instrument will encourage students from across Australia to engage in the process of one or more of space mission development, space launch and space flight. It will encourage students to develop relevant skills and experience needed by the Australian space industry and to pursue careers in the industry, so as to enhance Australia’s capacity to undertake and participate in space activities for the benefit of the nation.

Further details of the Legislative Instrument are set out at Attachment A.

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.

To inform the design of the National Student Space Challenge program, a scoping study was carried out which included desktop reviews of existing Challenge Programs and extensive consultations with key stakeholders. Stakeholders across industry and academia, existing national and international Student Challenge hosts, former Challenge participants and international space agencies including the European Space Agency and the Centre National d’Etudes Spatiales were consulted.

Regulatory Impact

It is estimated that the regulatory burden is likely to be minor (Office of Impact Analysis ID OPBR23-04391).

Statement of Compatibility with Human Rights

A Statement of Compatibility with Human Rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.

Attachment A

Details of the Industry Research and Development (National Student Space Challenge Program) Instrument 2023

Section 1 – Name of Instrument

This section specifies the name of the Legislative Instrument as the Industry Research and Development (National Student Space Challenge Program) Instrument 2023.

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 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 – National Student Space Challenge Program

This section prescribes the Program for the purposes of section 33 of the IR&D Act.

The Program provides funding to enable the design and conduct of activities aimed at engaging students across Australia in the processes of one or more of space mission development, space launch and space flight, including by providing funding for the following via competitive procurement:

(a) the design and conduct of application and eligibility assessment processes for prospective participants in such activities;

(b) the engagement of industry partners to support the design and conduct of such activities;

(c) the conduct of technological demonstrations in connection with such activities;

(d) the identification, engagement and remuneration of judges for such activities;

(e) the promotion of such activities to potential participants, industry partners and judges;

(f) the provision of prizes to participants in such activities to reward and encourage participation in those activities.

Section 6 – Specified Legislative Power

This section specifies that the legislative power in respect of which the Legislative Instrument is made is the power of the Parliament to make laws with respect to 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 (paragraph 51(xxxix) and section 61 of the Constitution).

Attachment B

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 Student Space Challenge Program) Instrument 2023

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 Industry Research and Development (National Student Space Challenge Program) Instrument 2023 (the Legislative Instrument) provides legislative authority to commit Commonwealth funding for the National Student Space Challenge Program (the Program).

The Program provides $3.5 million as part of the Australian Government’s commitment to Fast-Tracking Access to Space. The Program is an annual activity that aims to encourage students across Australia to pursue careers in the Australian space industry, and provide them with relevant skills and experience in one or more of  space mission development, space launch and space flight, in order to grow and enhance Australia’s capacity to undertake and participate in space activities to foster Science Technology Engineering and Mathematics education, increase the inclusion of underrepresented students in the space sector and assist in the delivery of graduates with industry-ready skills.

The Program will provide funding to a tertiary institution, industry body or other suitable tenderer, or to a collaboration of tertiary institutions and industry, to enable the design and conduct of hands-on activities to engage Australian students in the processes of space mission development, launch and operations via a competitive procurement process. The selected tenderer’s activities shall include, but are not limited to::

• the design and conduct of application and eligibility assessment processes for prospective participants in such activities;

• the engagement of industry partners to support the design and conduct of such activities;
• the conduct of technological demonstrations in connection with such activities;
• the identification, engagement and remuneration of judges for such activities;
• the promotion of such activities to potential participants, industry partners and judges; and
• the provision of prizes to participants in such activities to reward and encourage participation in those activities.

Human rights implications

This Legislative Instrument engages the applicable rights or freedoms:

1. Positive effect on ‘Right to education’. The Challenge seeks to promote education and particularly to foster STEM education.

Conclusion

This Legislative Instrument is compatible with human rights as it engages positively with human rights issues.

The Hon Ed Husic MP

Minister for Industry and Science