Federal Register of Legislation - Australian Government

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Climate Ready Program Directions No. 1 of 2008

Authoritative Version
No. 1 of 2008 Directions/Other as made
This Direction to Innovation Australia (the Board) aims to encourage growth and successful innovation in the development and commercialisation of clean, green technologies in Australia by increasing the level of research and development, proof-of-concept and early-stage commercialisation by Australian businesses.
Administered by: Industry, Science, Energy and Resources
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 03
Registered 11 Aug 2008
Tabling HistoryDate
Tabled HR26-Aug-2008
Tabled Senate26-Aug-2008

 

 

 

Explanatory Statement

 

Issued by the authority of the Minister for Innovation, Industry, Science and Research

 

Industry Research and Development Act 1986

 

Climate Ready Program Directions

No 1 of 2008

 

General Outline and Legislative Authority

 

The Climate Ready program is a competitive based grants program delivered by AusIndustry.  It aims to encourage growth and successful innovation in the development and commercialisation of clean, green technologies in Australia by increasing the level of research and development, proof-of-concept and early-stage commercialisation by Australian businesses.

 

The program will support projects for innovations designed specifically to address the impacts of climate change.  This may include:

 

·                    water recycling, waste recovery or small scale renewable energy technologies

·                    green building materials that make homes more energy efficient and more comfortable

·                    new technologies that reduce the energy used by appliances

·                    cutting emissions and household power bills

 

Under Climate Ready, eligible applications are assessed and ranked by Innovation Australia (the Board), which then provides the merit ranking of eligible applications to the Climate Ready Program Delegate (the Program Delegate).  After receiving a merit ranking from the Board, the Program Delegate may approve an application for grant funding.  In doing so, the Program Delegate must take into account the merit ranking provided by the Board.

 

The object of this legislative instrument is to give directions to the Board.  These directions are in relation to the provision of assessments and merit ranking of eligible applications under the Climate Ready program and the policies and practices to be followed by the Board in the performance of this function.

 

The Directions include the merit criteria for the assessment and merit ranking of Climate Ready applications, directions for the assessment of proposals for variation to the agreed project, other assessments that may be required of the Board, and the provision of advice on policies and operations of the Climate Ready program by the Board.

 

Legislative Authority

 

Minister Carr, Minister for Innovation, Industry, Science and Research, acting under subsections 18 (A), 19 and 20 (1) of the Industry Research and Development Act 1986, signed the   Directions on 22 July 2008.

 

The Industry Research and Development Act 1986 may be found at:

http://www.comlaw.gov.au/ComLaw/Legislation/ActCompilation1.nsf/0/A8C791605A1D9995CA257370007DECEF/$file/IndResDevel1986_WD02.pdf

 

Financial Implications

 

The Directions have no financial impact.  The Directions provide a framework by which the Board provides assessments and merit ranking of eligible applications to the Program Delegate.  The Program Delegate has the final decision in determining the quantum, terms and conditions of a Climate Ready grant.

 

Consultation

 

The Board was consulted and agreed with the Directions.

 

Stakeholder consultations on Climate Ready were held in Sydney (19 June 2008), Melbourne
(20 June 2008) and Brisbane (25 June 2008).

 

Date of Effect

 

The Directions will commence once published in the Gazette lodged with the Federal Register of the Legislative Instruments.

 

Note on Provisions of the Directions

 

PART 1 - PRELIMINARY

 

Name of Directions

 

Section 1

 

The Directions constitute the Climate Ready Program Directions No 1 of 2008

 

Commencement

 

Section 2

 

The Directions will commence once gazetted and lodged with the Federal Register of the Legislative Instruments.

 

Object of these Directions

 

Section 3

 

The object of the Directions is to give direction to the Board in relation to an additional function of the Board, namely the provision of assessments and merit ranking of eligible applications under Climate Ready, and the policies and practices to be followed by the Board in the performance of this additional function.

 

Interpretation

 

Section 4

 

Section 4 defines key terms used within the Directions.

 


PART 2 - ASSESSMENT AND MERIT RANKING OF APPLICATIONS

 

Procedure

 

Section 5

 

Section 5 states that the Board will undertake assessments and merit rankings of eligible applications and provide the Program Delegate with the merit ranking.  Once an application has been referred, the Board will consider the application as soon as practicable.

 

Board may decline to provide merit ranking

 

Section 6

 

This section states that the Board may decide not to provide a merit ranking in respect of a particular application that it considers does not show sufficient merit for one or more of the criteria or is not satisfied that the activities in the application are eligible activities or for an eligible project.

 

Assessment of eligible applications

 

Section 7

 

This section states that the Board must assess each application against the merit criteria outlined in the Directions, subject to the operation of section 6.

 

Merit criteria

 

Section 8

 

Section 8 sets out the 5 merit criteria against which eligible applications must be assessed.  These merit criteria are:

 

(1)        applicant management capability;

(2)        project commercial potential;

(3)        project technical strength (including applicant technical capability);

(4)        project national benefits; and

(5)        impact of funding on project outcomes.

 

The Merit Criteria are used to assess and rank the applications.

 

PART 3 - ASSESSMENT OF PROPOSAL FOR VARIATION TO THE GRANT PROJECT

 

Section 9

 

This section states that if a grant recipient submits a proposal to the Department to vary its project, the Program Delegate may refer the request to the Board for its assessment of the proposal.

 

Section 10

 

This section states that the Board must assess the proposal as soon as practical and provide the assessment to the Program Delegate.

 

Section 11

 

This section sets out the matters the Board must determine when considering such a request for variation.

 

PART 4 - OTHER TECHNICAL ASSESSMENTS

 

Section 12

 

This section states that the Program Delegate may request the Board to provide an assessment of any technical matter associated with applications, activities and any other matter relevant to a merit criterion.

 

Section 13

 

This section states that in carrying out a technical assessment, the Board will take into account any relevant policies or guidance relating to the administration of Climate Ready that are issued under the Guidelines.

 

Section 14

 

This section states that the Board must undertake the assessment within a reasonable time and provide the assessment to the Program Delegate.

 

PART 5 - BOARD TO PROVIDE ADVICE ON POLICIES AND OPERATIONS OF THE PROGRAM

 

Section 15

 

This section states that the Board may advise the Minister or the Minister may request advice from the Board on non-financial matters relating to Climate Ready, including program administration and the extent to which Climate Ready is meeting its Program Objectives.

 

Section 16

 

This section states that the Board may collect and analyse data on the performance of Climate Ready and provide advice to the Minister on such performance, and must co-operate with any independent evaluation of Climate Ready.