Industry Research and Development (Satellite-Based Augmentation System Program) Instrument 2018

Administered by Department of Industry, Science and Resources

Legislation au F2018L01050 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Jobs and Innovation

Industry Research and Development Act 1986

Industry Research and Development (Satellite-Based Augmentation System 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 (Satellite-Based Augmentation System Program) Instrument 2018 (the Legislative Instrument) is to prescribe the SatelliteBased Augmentation System Program (the Program). The funding for the Program has been secured through the Department of Industry, Innovation and Science 2018-19 Budget. The Program provides $161.0 million as part of the Australian Government’s commitment to the Australian Technology and Science Growth Plan. Investment for the Program is supported through the National Digital Economy Strategy.

The Program will implement a Satellite-Based Augmentation System (SBAS) which will improve and augment the accuracy, integrity and availability of basic Global Navigation Satellite System (GNSS) signals. SBAS is an international standard used to deliver precise and high-integrity Positioning, Navigation and Timing (PNT) data via satellite, with accuracy of 10cm to areas without mobile phone coverage. The Program will allow Australian business to become competitive in the global market for PNT enabled technologies and services.

Funding authorised by this Legislative Instrument comes from Program 1: Geoscientific and Spatial Information Services, Outcome 1 as set out in the Portfolio Budget Statements 2018, Budget Related Paper No. 1.13A, Industry, Innovation and Science Portfolio (https://www.industry.gov.au/sites/g/files/net3906/f/2018-19-department-of-industry-innovation-and-science-pbs.pdf ) at pages 144 and 151.

The Program will be delivered by Geoscience Australia, a portfolio agency of the Department of Industry, Innovation and Science, which is the national agency with expertise and experience in GNSS and PNT. Funding under the Program will be delivered through an open tender process. The Program will 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 (https://www.finance.gov.au/sites/default/files/commonwealth-procurement-rules-1-jan-18.pdf).

Spending decisions will be made by the delegate of the Accountable Authority, who will be the Chief Financial Officer with responsibility for the Program.  

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 merits review as it involves the allocation of finite resources and supports the implementation of policy decisions made by government about the delivery of the Program.

Persons who have complaints about the Program will have recourse to Geoscience Australia. Geoscience Australia will investigate any complaints about the Program in accordance with its complaints policy and procedures. If a person is not satisfied with the way Geoscience Australia handles the complaint, they may lodge a complaint with the Commonwealth Ombudsman.

The Legislative Instrument specifies that the legislative power in respect of which it is made is the communications power (section 51(v) of the Constitution). Section 51(v) of the Constitution empowers the Parliament to make laws with respect to 'postal, telegraphic, telephonic and other like services'. In that regard, funding provided under the Legislative Instrument will support activities relating to communications services. The Program will develop space infrastructure to improve and augment the accuracy, integrity and availability of basic GNSS signals across Australia, including regional and remote areas without mobile phone coverage.

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 23395).

Details of the Industry Research and Development (Satellite-Based Augmentation System Program) Instrument 2018

Section 1 – Name of Instrument

This section specifies the name of the Legislative Instrument as the Industry Research and Development (Satellite-Based Augmentation System 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 Satellite-Based Augmentation System Program (the Program) for the purposes of s 33 of the Act.

The Program will implement a Satellite-Based Augmentation System (SBAS). The Program will improve and augment the accuracy, integrity and availability of basic Global Navigation Satellite System signals. SBAS is an international standard used to deliver precise and high-integrity positioning, navigation and timing (PNT) data via satellite and will allow Australian businesses to become competitive in the global market for PNT enabled technologies and services. 

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 ‘postal, telegraphic, telephonic, and other like services’ (section 51(v) 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 (Satellite-Based Augmentation System 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

This Legislative Instrument provides legislative authority to commit Commonwealth funds for the Satellite-Based Augmentation System Program (the Program). The Program will implement a Satellite-Based Augmentation System (SBAS) which will improve and augment the accuracy, integrity and availability of basic Global Navigation Satellite System (GNSS) signals. SBAS is an international standard used to deliver precise and high-integrity Positioning, Navigation and Timing (PNT) data via satellite, with accuracy of 10cm to areas without mobile phone coverage. The Program will allow Australian business to become competitive in the global market for PNT enabled technologies and services.

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

Overview

The Industry Research and Development (Satellite-Based Augmentation System Program) Instrument 2018 was introduced to prescribe the Satellite-Based Augmentation System Program, providing legislative authority for the commitment of Commonwealth funds towards the development of a Satellite-Based Augmentation System (SBAS). This instrument aims to enhance the accuracy, integrity, and availability of Global Navigation Satellite System (GNSS) signals, delivering precise positioning, navigation, and timing (PNT) data via satellite, with an accuracy of 10cm to regions lacking mobile phone coverage. Enacted under section 33 of the Industry Research and Development Act 1986, the Instrument facilitates the implementation of innovative ideas and pilot programs, ensuring transparency and parliamentary oversight of government programs and spending activities. The Minister for Jobs and Innovation, Senator the Hon Michaelia Cash, authorised the instrument, aligning with the Australian Government’s commitment to the Australian Technology and Science Growth Plan and the National Digital Economy Strategy. The Program will be administered by Geoscience Australia, an agency of the Department of Industry, Innovation and Science, and will be delivered through an open tender process, in compliance with the Commonwealth Grant Rules and Guidelines and the Commonwealth Procurement Rules.

Scope and Application

The Industry Research and Development (Satellite-Based Augmentation System Program) Instrument 2018 applies to the funding and implementation of the Satellite-Based Augmentation System Program, which is administered by Geoscience Australia, a portfolio agency of the Department of Industry, Innovation and Science. This program aims to enhance the accuracy, integrity, and availability of basic Global Navigation Satellite System signals across Australia, including in remote areas without mobile phone coverage, through the development of space infrastructure. The Instrument provides the legal framework for the allocation of $161 million in Commonwealth funds for this purpose, ensuring compliance with the Commonwealth Grant Rules and Guidelines and the Commonwealth Procurement Rules. It applies nationally and is based on the communications power outlined in section 51(v) of the Australian Constitution. There are no stated exclusions, exemptions, or thresholds within this specific Instrument, but it is subject to broader legislative and regulatory requirements. Subordinate instruments may be used to extend or restrict the application of the Program as necessary.

Key Provisions

The Industry Research and Development (Satellite-Based Augmentation System Program) Instrument 2018, under section 33 of the Industry Research and Development Act 1986, prescribes the Satellite-Based Augmentation System Program, which is designed to improve and augment the accuracy, integrity, and availability of basic Global Navigation Satellite System (GNSS) signals. This program will implement a Satellite-Based Augmentation System (SBAS) to deliver precise and high-integrity Positioning, Navigation, and Timing (PNT) data via satellite. The objective is to enable Australian businesses to compete in the global market for PNT-enabled technologies and services. The program is funded through the Department of Industry, Innovation and Science's 2018-19 Budget, with a total allocation of $161.0 million, as part of the Australian Government's commitment to the Australian Technology and Science Growth Plan. The Act imposes several obligations on the entities involved. Firstly, the Commonwealth, through Geoscience Australia, must deliver the program in accordance with the Commonwealth Grant Rules and Guidelines and the Commonwealth Procurement Rules. Funding for the program will be allocated through an open tender process, ensuring transparency and competition. Spending decisions will be made by the delegate of the Accountable Authority, who will be the Chief Financial Officer responsible for the program. Additionally, Geoscience Australia must handle any complaints about the program in accordance with its complaints policy and procedures, providing a recourse for dissatisfied parties. There are no specific offences outlined in the Act, but breaches of the Commonwealth Grant Rules and Guidelines or the Commonwealth Procurement Rules could lead to civil or criminal consequences. The penalties for breaches of these rules can vary significantly, depending on the severity and nature of the breach. Civil penalties can include financial penalties, contractual penalties, or the recovery of funds. Criminal penalties can include fines and imprisonment, with the specific penalties outlined in the respective rules and regulations. Furthermore, any individual or entity found to have engaged in corrupt conduct or other unlawful activities in relation to the program could face additional legal consequences under other applicable laws. The Instrument specifies that the legislative power under which it is made is the Parliament's power to make laws with respect to 'postal, telegraphic, telephonic, and other like services' as outlined in section 51(v) of the Constitution. This power supports the program's objective to develop space infrastructure that improves GNSS signal accuracy and availability, thereby enhancing communications services across Australia. The program is expected to have a negligible regulatory burden, as indicated by the Office of Best Practice Regulation (OBPR) reference number 23395. In summary, the Industry Research and Development (Satellite-Based Augmentation System Program) Instrument 2018 provides legislative authority for a program aimed at enhancing GNSS signal accuracy and availability, thereby supporting Australian businesses in the global PNT market. The Act mandates specific operational procedures and compliance with procurement and grant rules, while also outlining potential penalties for non-compliance.

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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.