Compilation No. 32
Compilation date: 31 May 2024
Includes amendments: Act No. 27, 2024
Registered: 11 June 2024
About this compilation
This is a compilation of the Industry Research and Development Act 1986 that shows the text of the law as amended and in force on 31 May 2024 (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.
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 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 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.
For more information about any editorial changes made in this compilation, see the endnotes.
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 Register for the compiled law.
Self - repealing 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
3 Object of Act
6 Establishment of Industry Innovation and Science Australia
7 Functions of Board
8 Powers of Board
9 Constitution of Board
10 Period of appointment of members
11 Duties of Chairperson
12 Remuneration and allowances
13 Leave of absence
15 Termination of appointment
16 Disclosure of interests by members of Board
17 Acting appointments
18 Meetings of Board
19 Minister may give directions to the Board
20A Minister may give advice to Board or committee
21 Delegation by Board
22A Delegation by committee
23 Directions of Board to committees
24 Disclosure of interests by members of committees
25 Staff, consultants etc.
Part III--Functions relating to the R&D tax offset
26A Simplified outline
Division 2--Registering for the R&D tax offset
27 Simplified outline
Subdivision B--Registering R&D entities for R&D activities
27A Registering R&D entities for R&D activities
27B Findings about applications for registration
27C Notice of decision about registration
Subdivision C--Applying to register R&D activities
27D Applying to register R&D activities
27E Board may request further information
Subdivision D--Examining registrations
27F Examining a registration
27G Applying for findings
27H Board may request information during an examination
27J Findings about a registration
27K Notice of findings or of decisions refusing to make findings
27L Automatic variations so registration is consistent with findings
27M Varying registrations on application
27N Revoking registrations
Division 3--Other findings
28 Simplified outline
Subdivision B--Advance findings about the nature of activities
28A Advance findings about the nature of activities
28B Applications made on behalf of R&D entities
Subdivision C--Findings about activities to be conducted outside Australia
28C Findings about activities to be conducted outside Australia
28D Conditions for a finding that an overseas activity cannot be conducted in Australia etc.
Subdivision D--Findings about whether technology is core technology
28E Findings about whether technology is core technology
Subdivision E--Matters relevant to findings under this Division
28F Notice of decision about findings
28G Applying for findings
28H Board may request further information
Division 4--Research service providers
29 Simplified outline
Subdivision B--Registering research service providers
29A Registering research service providers
Subdivision C--Applying for registration
29B Applying for registration
29C Board may request further information about an application
29D Board may need to make inquiries about an application
Subdivision D--Varying or revoking registrations
29E Duration of registrations
29F Varying registrations--on application
29G Varying registrations--otherwise than on application
29H Revoking registrations
Subdivision E--Register of research service providers
29J Register of research service providers
30A Reviewable decisions
30B Notice of reviewable decision and internal review rights
30C Applications for internal review of reviewable decisions
30D Internal review of reviewable decisions
30E External review by AAT of internal review decisions
Division 6--Consolidated groups and MEC groups
31 Registrations and findings not effective for subsidiary members for group R&D activities
31A What happens to findings if R&D entity joins a group
31B What happens to findings if R&D entity leaves a group
Division 6A--Determinations about Board's powers, functions and duties under this Part
31C Simplified outline
31D Board may make a determination about its powers, functions and duties
31E When Board must amend or revoke a determination
Division 7--Other matters
32 Approved forms
32A Decision - making principles
32B General rules about findings under this Part
32C Alternative constitutional basis
Part IV--Programs relating to industry, innovation, science and research
33 Industry, innovation, science and research programs
34 Arrangements relating to industry, innovation, science and research programs
35 Terms and conditions relating to industry, innovation, science and research program arrangements
36 Minister or accountable authority may delegate powers in relation to arrangements
38 Executive power of the Commonwealth
45 Time for prosecutions
46 Annual report
48A Fees for making applications
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Editorial changes
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.
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
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.