Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022

Administered by Department of Industry, Science and Resources

Legislation au F2022L00333 In force Legislative Instrument

Legislation content

 

Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022

made under the Industry Research and Development Act 1986

Compilation No. 1

Compilation date:   26 November 2022

Includes amendments up to: Industry Research and Development (Small Business Programs) Amendment Instrument 2022

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prepared by The Treasury

About this compilation

This compilation

This is a compilation of the Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022 that shows the text of the law as amended and in force on 26 November 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

Contents

1  Name 

3  Authority

4  Definitions

5  Prescribed program

6  Specified legislative power

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

  This instrument is the Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022.

3  Authority

  This instrument is made under section 33 of the Industry Research and Development Act 1986.

4  Definitions

  In this instrument:

ABN has the meaning given by the A New Tax System (Australian Business Number) Act 1999.

Act means the Industry Research and Development Act 1986.

program has the meaning given by section 5 of this instrument.

5  Prescribed program

 (1) For the purposes of subsection 33(1) of the Act, the Small Business Debt Helpline Program (the program) is prescribed.

 (2) The program provides funding, by way of a grant to Financial Counselling Australia Ltd (ABN 67 073 167 361), to fund:

 (a) a national small business financial counselling service, delivered by telephone or by way of the internet; and

 (b) a consultation service for financial counsellors to better enable them to support small businesses, delivered by telephone or by way of the internet.

6  Specified legislative power

 (1) For the purposes of subsection 33(3) of the Act, the power of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services (within the meaning of paragraph 51(v) of the Constitution) is specified.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

 

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /subsubparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md not incorp) = misdescribed amendment

Sdiv = Subdivision(s)

    cannot be given effect

SLI = Select Legislative Instrument

mod = modified/modification

SR = Statutory Rules

No. = Number(s)

SubCh = SubChapter(s)

 

SubPt = Subpart(s)

 

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022

17 Mar 2022

(F2022L00333)

18 Mar 2022

Industry Research and Development (Small Business Programs) Amendment Instrument 2022

25 Nov 2022 (F2022L01521)

26 Nov 2022 (s 2(1))

 

Endnote 4—Amendment history

 

Provision affected

How affected

s2

s 4

rep LA s48D

am F2022L01521

s 5

am F2022L01521

 

 

Overview

The Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022 was made under section 33 of the Industry Research and Development Act 1986 with the objective of providing funding for a national small business financial counselling service. This legislative instrument aims to support small businesses by delivering financial counselling services through telephone or internet, and offering a consultation service for financial counsellors. The program is intended to assist small businesses in managing debt and improving their financial resilience, ultimately contributing to the economic stability and growth of the small business sector in Australia. This legislative instrument was prepared by The Treasury and was registered on 17 March 2022, with certain provisions commencing on 18 March 2022. Amendments to the instrument, including those made by the Industry Research and Development (Small Business Programs) Amendment Instrument 2022, were registered on 25 November 2022 and commenced on 26 November 2022. The compilation of this instrument includes all amendments up to the specified date, with details of any uncommenced amendments accessible on the Legislation Register.

Scope and Application

The Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022, made under section 33 of the Industry Research and Development Act 1986, applies to the Small Business Debt Helpline Program, which is prescribed for the purposes of the Act. This program provides funding for a national small business financial counselling service delivered by telephone or internet, as well as a consultation service for financial counsellors. The program is intended to assist small businesses in financial distress by offering professional advice and support. The Instrument was made on 17 March 2022 and commenced on 18 March 2022, with subsequent amendments taking effect from 26 November 2022. The Instrument applies to Financial Counselling Australia Ltd, the entity responsible for delivering the program, and potentially any other entities or persons involved in the delivery of the program's services. The geographic reach of the Instrument is not explicitly stated, but it is likely to apply nationally given the nature of the program. The Instrument does not specify any exclusions or exemptions, but it is possible that certain conditions or thresholds may apply to eligibility for funding or participation in the program. The Instrument may be extended or restricted through subordinate instruments, but no such instruments are mentioned in the text.

Key Provisions

The key sections of the Industry Research and Development (Small Business Debt Helpline Program) Instrument 2022 (the Instrument) include section 5, which prescribes the Small Business Debt Helpline Program (the Program), and section 6, which specifies the legislative power under which the Instrument is made. Section 5 outlines the Program as a funding mechanism for a national small business financial counselling service and a consultation service for financial counsellors, both to be delivered by telephone or internet (section 5(2)). Section 6 specifies the legislative power of the Parliament to make laws with respect to postal, telegraphic, telephonic, and other like services under the Constitution (section 6(1)). The obligations and requirements imposed by the Instrument are primarily focused on the funding and delivery of the Small Business Debt Helpline Program. Financial Counselling Australia Ltd, the entity receiving the grant, must deliver the prescribed services as outlined in section 5(2). The Instrument also requires that the Program adheres to any additional terms and conditions that may be specified by the Minister under the authority of the Industry Research and Development Act 1986. Regarding offences, penalties, or civil/criminal consequences for breach, the Instrument itself does not explicitly state specific penalties. However, breaches of the terms and conditions of the grant, as outlined in the Industry Research and Development Act 1986, could result in civil or criminal penalties. The Act generally provides for the recovery of moneys paid under a grant if the conditions are not met. For more severe breaches, criminal penalties could apply, including fines and imprisonment, depending on the nature and severity of the breach as determined by the courts under the relevant provisions of the Act.

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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.