R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996
as amended
made under subsection 19(1)
Industry Research and Development Act 1986
This compilation was prepared on 18 September 2013 taking into account amendments up to R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 (Amendment No. 1 of 1997) (F2008B00432).
Prepared by the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education.
Commonwealth of Australia
Industry Research and Development Act 1986
R&D Start Program (additional function of the IR&D
Board) Direction No. 1 of 1996
Citation
- This direction may be cited as the R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996.
Commencement
2. This direction commences on the day on which particulars of the direction are published in the Gazette.
[NOTE: For the publication of the particulars, see s. 19 (2) of the Act.]
Interpretation
3. In this direction, unless the contrary intention appears: “R&D Start Program” means the Research and Development Start Program for the following financial assistance, namely:
(a) Grants for Large Research and Development Projects in Small to Medium Sized Enterprises;
(b) Grants for Small Research and Development Projects in Small to Medium Sized Enterprises;
(c) Grants for Collaborative Research and Development Projects between Research Institutions and Australian Companies;
(d) Grants for Graduate Based Research and Development Related Projects in Small to Medium Sized Enterprises;
(e) Grants for Research and Development Projects based on unregistered Research and Development Syndicate Proposals;
(f) Loans for the Commercialisation of Technological Innovation;
(g) Investment in or provision of finance to managed funds to invest in or provide finance to early stage companies based on new technology;
"the Act" means the Industry Research and Development Act 1986.
Additional function of the Board
4. For subsection 19 (1) of the Act, the following function is an additional function of the Board relating to the objects of the Act:
To administer the R&D Start Program subject to the Act and any relevant directions under section 20 of the Act, and in performing that function (without limiting its generality):
(a) to consider applications and select applicants for financial assistance; and
(b) to enter into agreements, on behalf of the Commonwealth, for financial assistance; and
(c) to authorise payments by way of grant, investment, loan or other financial accommodation made by the Commonwealth;
(d) to monitor and evaluate projects for which financial assistance is being provided.
Note to the R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996
Note 1
The R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 in force under subsection 19(1) of the Industry Research and Development Act 1986 as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | FRLI registration number | Date of FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 | F2008B00431 | 29 July 2008 | 18 December 1996 (date of Gazettal) | |
R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 (Amendment No. 1 of 1997) | F2008B00432 | 29 July 2008 | 22 August 1997 (date of Gazettal) | |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Clause 3(g) Clause 4(1)(c) | ad. F2008B00432 rs. F2008B00432 |
|
Overview
The Industry Research and Development Act 1986 was enacted by the Australian Parliament to foster and support research and development activities within the nation, aiming to bolster innovation and economic growth. The Act established a framework for providing financial assistance to research and development projects, particularly targeting small to medium-sized enterprises, collaborative ventures between research institutions and companies, and initiatives based on new technology. The R&D Start Program (Additional Function of the IR&D Board) Direction No. 1 of 1996, as amended, was introduced under subsection 19(1) of the Act, assigning additional functions to the Industry Research and Development Board, including administering the R&D Start Program. This legislative instrument aims to enhance the Board's capacity to consider applications, select recipients for financial assistance, enter into agreements on behalf of the Commonwealth, authorise payments, and monitor and evaluate funded projects.
Scope and Application
The R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 made under the Industry Research and Development Act 1986, provides an additional function to the Industry Research and Development Board, specifically to administer the R&D Start Program. This Program encompasses a range of grants and loans designed to support research and development initiatives in small to medium-sized enterprises, collaborative projects between research institutions and Australian companies, and commercialisation of technological innovation, among others. The direction applies to these specified financial assistance programs and the entities or individuals eligible for such assistance, as determined by the Board. The scope of the direction is national, applying across the Commonwealth of Australia, and it was enacted to further the objects of the Industry Research and Development Act 1986. The direction is subject to the provisions of the Act and any relevant directions under section 20 of the Act. The application of this direction can be extended or restricted through subordinate instruments, as amended by the R&D Start Program (additional function of the IR&D Board) Direction No. 1 of 1996 (Amendment No. 1 of 1997).
Key Provisions
The R&D Start Program (Additional Function of the IR&D Board) Direction No. 1 of 1996, made under subsection 19(1) of the Industry Research and Development Act 1986, defines the additional function of the Industrial Research and Development (IR&D) Board in administering the R&D Start Program. This program encompasses various grants and loans designed to support research and development initiatives in small to medium-sized enterprises (SMEs), research institutions, and early-stage companies. Section 4 of the Direction outlines the specific duties of the IR&D Board, including the consideration and selection of applicants for financial assistance, entering into agreements for financial assistance on behalf of the Commonwealth, authorising payments such as grants, loans, or investments, and monitoring and evaluating projects receiving financial assistance.
The Direction imposes several obligations on the IR&D Board. Primarily, the Board must ensure that the administration of the R&D Start Program adheres to the objectives of the Industry Research and Development Act 1986 and any relevant directions. This involves a thorough process of reviewing applications, selecting appropriate applicants, and entering into agreements that specify the terms of financial assistance. Additionally, the Board must monitor and evaluate the projects to ensure they meet the intended outcomes and comply with the program's guidelines.
Failure to comply with the provisions of this Direction may result in various consequences. While the Direction itself does not explicitly outline specific offences, penalties, or consequences for breaches, violations of the Industry Research and Development Act 1986 or related regulations may lead to civil or criminal penalties. These can include fines, recovery of financial assistance provided under the Act, and other legal actions as deemed appropriate by the relevant authorities. The exact penalties would depend on the nature and severity of the breach, as well as any additional legislative provisions that apply.