Federal Register of Legislation - Australian Government

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No. 1 of 2009 Directions/Other as made
This Direction provides the Board with additional functions, namely providing advice in relation to the administration of the Commercialisation Australia Program, including the merit ranking of applications, and providing advice on new policy approaches or programs relating to early stage commercialisation and includes the policies and practices that the Board must follow in the performance of these functions.
Administered by: Industry, Innovation and Science
Exempt from sunsetting by the Legislation (Exemptions and Other Matters) Regulation 2015 s11 item 03
Registered 24 Dec 2009
Tabling HistoryDate
Tabled HR02-Feb-2010
Tabled Senate02-Feb-2010

Commonwealth of Australia

 

Industry Research and Development Act 1986

Commercialisation Australia Program

Direction No. 1 of 2009

 

I, KIM JOHN 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, issue the following explanatory statement on the Direction to Innovation Australia (the Board).

 

 

Dated                           18/12/09

 

Kim Carr

 

 

Minister for Innovation, Industry, Science and Research

 

 

 

Explanatory Statement

 

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

 

Industry Research and Development Act 1986

 

Commercialisation Australia Program Direction No 1 of 2009

 

 

General Outline

 

Commercialisation Australia (CA) is a new initiative that will begin operation in early 2010.  It will build the capacity of Australia’s researchers, entrepreneurs and innovative firms to take ideas and research to market.  CA is a competitive, merit based program designed to tailor assistance to the needs of the researcher or firm, focusing on skills, knowledge and funding.

 

The reason for the Direction is to give the Board additional functions in relation to this new program.  The Board will assess and determine the merit of each eligible application against merit criteria outlined in the Direction and will advise the Program Delegate of the outcome of the assessment process. The Program Delegate, taking into account the advice provided by the Board, the available CA program funding, and the policy objective of the program, will determine which eligible applications will receive funding and the amount of funding to be provided by the Commonwealth.  

 

The CA Program Guidelines, given by the Minister to the Department, provide the framework for the operation and administration of the program.  The Guidelines are available on the web site of Commercialisation Australia.

 

Legislative authority

The Direction is issued to the Board by the Minister for Innovation, Industry, Science and Research (the Minister) acting under sections 18A, 19 and 20 (1) of the Industry Research and Development Act 1986.

 

Consultation

The Minister consulted the Board during the development of the Direction, as required under section 20 (2) of the Industry Research and Development Act 1986. 

 

Financial Implications

The Direction itself has no financial impact. The Direction provides a framework by which the Board provides assessments and merit ranking of eligible applications. The Program Delegate makes the final decision in determining the quantum, terms and conditions of funding agreements entered into under the CA program. 

 

Date of effect

The Direction commences on and from the day on which particulars of the Direction is published in the Gazette and registered in the Federal Register of Legislative Instruments.

 

 

Notes on Provisions of the Direction

 

PART 1 – PRELIMINARY

 

Name of Direction

 

Clause 1

The Direction constitutes the Commercialisation Australia Program Direction No 1 of 2009.

 

Commencement

 

Clause 2

The Direction commences on and from the day on which particulars of the Direction are published in the Gazette and registered in the Federal Register of Legislative Instruments.

 

Object of this Direction

 

Clause 3

The object of the Direction is to give the Board directions in relation to additional functions of the Board, namely providing advice in relation to the administration of the program, including the merit ranking of applications, and providing advice on new policy approaches or programs relating to early stage commercialisation. It also includes the policies and practices that the Board must follow in the performance of these functions.

 


Introduction

 

Clause 4

This clause provides an outline of the CA program.

 

Board to have regard to policy objective

 

Clause 5

This clause sets out the policy objective of the CA program to which the Board must have regard in giving effect to the Direction

 

Interpretation

 

Clauses 6 - 8

These clauses explain key terms used in the Direction.

 

PART 2 – ASSESSMENT AND MERIT RANKING OF APPLICATIONS

 

Procedure

 

Clause 9

The Board must assess each eligible application against the merit criteria set out in the Direction, except where clause 16 applies.

 

Clause 10

The Board will assess each eligible application and provide a merit ranking to the Program Delegate, except where clause 16 applies.

 

Clause 11

The Board must consider eligible applications as soon as practicable after those applications have been provided to the Board

 

Clause 12

The Board may request additional information from an applicant after the lodgement of an application.  Such information will assist in assessing merit or clarify issues of eligibility.

 

Clause 13

The Board will not provide a merit ranking for an application that demonstrates a low need for CA funding.

 

Clause 14

The Board may attribute a higher or lower level of relative importance to one or more of the Merit Criteria when assessing applications.

 

Clause 15

The Board may provide the Program Delegate with a merit ranking of an application that is for an amount of funding less than that for which the applicant has applied, and/or that is subject to particular conditions.

 


Clause 16

The Board may decide not to provide a merit ranking for an application that has low merit against one or more of the merit criteria, or an application it considers ineligible.

 

Clause 17

This clause lists the five merit criteria.

 

Clause 18

CA will use a set of merit indicators for each merit criterion.  The indicators assist applicants in preparing a claim against each merit criterion, and they provide a more detailed assessment framework for the Board.  The Board may be asked to provide advice on the development of, or any amendment to, these indicators.

 

Clause 19

CA provides four types of support at various stages of the commercialisation process.  Certain merit criteria may be more important in relation to one type of support than another type of support.  The Board may be asked to provide advice on the relative importance of merit criteria in relation to each of the four types of support.

 

PART 3 – ASSESSMENT OF PROPOSALS FOR VARIATION TO THE AGREED PROJECT

 

Clause 20

The Board may be asked to assess a proposal to make changes to an approved project, such as an extension of time to complete the project or an increase in grant amount.

 

Clause 21

The Board must assess proposals to make changes to an approved project as soon as is practicable and provide the assessment to the Program Delegate.

 

Clause 22

This clause lists the matters to be considered by the Board in making an assessment under clause 20.

 

PART 4 – OTHER ADVICE RELATED TO THE ADMINISTRATION OF THE COMMERCIALISATION AUSTRALIA PROGRAM

 

Clause 23

The Board may be asked to provide an assessment of technical matters such as eligibility, progress against milestones, compliance with agreement conditions, or matters pertaining to national benefits.

 

Clause 24

In carrying out technical assessments pursuant to clause 23, the Board will take into account any relevant policies or guidelines relating to the administration of the Commercialisation Australia program that are issued under the Program Guidelines.

 

Clause 25

If the Board receives a request under clause 23 it must conduct the assessment within a reasonable time and provide the assessment to the Program Delegate or CEO.

 

Clause 26

The CEO may request advice from the Board on other matters relevant to the administration of the Commercialisation Australia program, including, but not limited to, the ones listed in this clause.

 

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

 

Clause 27

The Board may advise the Minister, or the Minister may request advice from the Board, on non-financial administration matters relating to the Commercialisation Australia program, including the extent to which the program is meeting its objective.

 

Clause 28

The Board may collect and analyse data on the performance of the Commercialisation Australia program and provide advice to the Minister on that performance, and must cooperate with any independent evaluation of the program.