R & D Start Program (Payments) Direction 1997

Overview

The Industry Research and Development Act 1986 was enacted to encourage and facilitate industry research and development activities within Australia, addressing the need for a structured approach to support innovation and technological advancement in various industries. The Act provides the legislative framework for the establishment and operation of the Industry Research and Development Board, which plays a pivotal role in administering and promoting research and development initiatives. The R&D Start Program (Payments) Direction 1997 was introduced by the Minister for Industry, Science and Tourism, John Colintor Moore, to provide specific guidance on payments under the R&D Start Program, as stipulated under the Act. The policy objective of this direction is to ensure that payments are authorised and managed effectively to support the program's goals. This legislative instrument was created under the authority granted by subsection 20(1) of the Act and came into effect upon publication in the Gazette, as required by the Act.

Scope and Application

The R&D Start Program (Payments) Direction 1997, issued under the Industry Research and Development Act 1986, pertains specifically to the Industry Research and Development Board's ability to authorise payments for the R&D Start Program. This direction applies to entities participating in the R&D Start Program, which was established through the R&D Start Program (Policies and Practices of the IR&D Board) Direction No. 1 of 1996. The direction is geographically applicable within the Commonwealth of Australia and is intended to facilitate the flow of funds for research and development activities during the specified financial years. The payments can be authorised for the financial year commencing on 1 July 1997 and any subsequent years for which the R&D Start Program receives appropriations. The direction does not specify exclusions, exemptions, or thresholds beyond the scope of the R&D Start Program and the financial years mentioned. Subordinate instruments may extend or restrict the application of this direction, but the primary focus remains on enabling payments to support the R&D Start Program.

Key Provisions

The R&D Start Program (Payments) Direction 1997, issued under the Industry Research and Development Act 1986, provides specific guidance on how payments can be made under the Research and Development (R&D) Start Program. Section 4 of the direction allows the Industry Research and Development Board to authorise payments in the financial year commencing 1 July 1997, and in subsequent financial years for which the R&D Start Program receives appropriations. This means that the Board has the discretion to disburse funds in accordance with the conditions outlined in the direction, provided that the program has received the necessary funding for those years. The obligations imposed on the parties involved, particularly the Industry Research and Development Board, are primarily centred around the timely and appropriate use of funds for the R&D Start Program. The Board must ensure that payments are made in accordance with the direction and the terms of the R&D Start Program. This involves adhering to the financial year specified and ensuring that any subsequent payments are aligned with the program's appropriation. The Board must also ensure that the funds are used exclusively for the purposes outlined in the R&D Start Program, which typically involves supporting research and development initiatives. Breaching the conditions set out in the direction can lead to various consequences, including civil and criminal penalties. The Industry Research and Development Act 1986 provides for a range of sanctions for non-compliance with directions issued under the Act. While specific penalties are not detailed in the direction itself, breaches of the Act can result in substantial fines or, in more severe cases, imprisonment. The maximum penalties can vary depending on the nature and severity of the breach, but they are designed to ensure that the Board and other parties adhere to the legislative requirements. Additionally, the Minister for Industry, Science and Tourism has the authority to take corrective action or seek legal remedies to enforce compliance with the direction.