EXPLANATORY STATEMENT

Grant Guidelines made under section 60 of the Australian Research Council Act 2001
Grant Guidelines for schemes under the Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities.
Issued by the authority of the Minister for Education 

Subject:	Australian Research Council Act 2001—Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities.

Authority
Section 60 of the Australian Research Council Act 2001 (the Act) provides that the Minister must approve ARC Grant Guidelines.
Purpose and effect
The instrument is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). These Grant Guidelines relate to a scheme funded under Linkage Program of the National Competitive Grants Program. The Linkage Infrastructure, Equipment and Facilities (LIEF) scheme provides funding for research infrastructure, equipment and facilities to Eligible Organisations. It enables researchers to participate in cooperative initiatives so that expensive research infrastructure, equipment and facilities can be shared between higher education organisations and also with Industry. The scheme also fosters collaboration through its support of the cooperative use of international or national research facilities.

In accordance with subsection 59 (2) of the Act, the Grant Guidelines for the scheme under the Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities contains:
(a)	the eligibility criteria to be met in order for a proposal to be approved for financial assistance (including criteria relating to the kinds of organisation that may receive assistance and the kinds of research programme in respect of which assistance may be provided);
(b)	how to apply for financial assistance;
(c)	the assessment process for deciding which proposals will be recommended for approval;
(d)	the ways in which, and circumstances in which, a funding approval may be varied; and
(e)	any additional accountability requirements that the ARC thinks desirable.

In accordance with subsection 59 (4) of the Act, the Grant Guidelines for the scheme under the Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities take account of, and are consistent with:

(a)	the funding cap for the year, or each of the years, to which the rules apply; and 
(b)	the funding split determination for the year, or each of the years, to which the rules apply.

The Grant Guidelines for the scheme under the Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities were approved by the Minister for Education, the Hon Jason Clare MP on 22 January 2024. 

Documents incorporated by reference
The following documents are incorporated by reference: 
•	 ARC Medical Research Policy available on the ARC website (as at December 2022) previous versions available 
•	 Conflict of Interest and Confidentiality available on the ARC website (as at December 2023) previous versions available 
•	 ARC Open Access Policy available on the ARC website (as at June 2023) previous versions available 
•	 Australian Code for the Responsible Conduct of Research available on the NHMRC website (as at 2018) previous versions available 
•	 ARC Research Integrity Policy available on the ARC website (as at September 2023) previous versions available 
Commencement
The Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities shall take effect on the day after registration on the Federal Register of Legislative.

The provisions 
These Guidelines contain information relating to the Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities including: grant amount, eligibility, assessment criteria, application process and delivery or grant activities.
Consultation 
The ARC consulted with the Department of Finance and the Department of Prime Minister and Cabinet and they have determined the Grant Guidelines as low risk.

Regulatory Impact Statement
These Grant Guidelines include a number of measures that reduce regulatory burden on the higher education sector. This includes coordination with the National Health and Medical Research Council (NHMRC) to produce a timeline that minimises the burden on the sector in relation to preparation and submission of proposals.

Statement of compatibility with human rights
Section 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility to be prepared in respect of that legislative instrument. 
The legislative instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights, as it does not raise any human rights issues.

Senate Standing Order 23 (4a) – Standing Committee for the Scrutiny of Delegated Legislation
The Linkage Program Grant Guidelines (2024 edition): Linkage Infrastructure, Equipment and Facilities is exempt from disallowance because it is an instrument containing a set of rules made under section 60 of the Australian Research Council Act 2001 (ARC Act) and, Section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015, relevantly provides that legislative instruments made under section 60 of the ARC Act are not subject to disallowance.

The application of section 10, Item 7 of the Legislation (exemption and other matters) Regulations 2015 to the Guidelines, allowing for exemption from disallowance, is appropriate because the legislative instrument was made in accordance with the enabling Act, the Legislation Act and other applicable Acts and does not contain matter more appropriate for an Act of Parliament. 

Legislation (exemption and other matters) Regulations 2015
Section 10 – Particular legislative instruments that are not subject to disallowance
Item 7 – Legislative Instruments
(a)	A rule made under section 60 of the Australian Research Council Act 2001;
(b)	A variation of a set of rules made under section 61 of the Act.