Industry Research and Development (Electric Vehicle Manufacturing Program) Instrument 2021

I, Angus Taylor, Minister for Energy and Emissions Reduction, make the following instrument.

Dated 2 March 2021

Angus Taylor

Minister for Energy and Emissions Reduction

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Prescribed program

6 Specified legislative power

1  Name

  This instrument is the Industry Research and Development (Electric Vehicle Manufacturing Program) Instrument 2021.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under section 33 of the Industry Research and Development Act 1986.

4  Definitions

  In this instrument:

Act means the Industry Research and Development Act 1986.

Kyoto Protocol means the Kyoto Protocol to the United Nations Framework Convention on Climate Change done at Kyoto on 11 December 1997, as in force for Australia from time to time.

Note: The Protocol is in Australian Treaty Series 2008 No. 2 ([2008] ATS 2) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Paris Agreement means the Paris Agreement, done at Paris on 12 December 2015, as in force for Australia from time to time.

Note: The Agreement is in Australian Treaty Series 2016 No. 24 ([2016] ATS 24) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

program: see subsection 5(1).

United Nations Framework Convention on Climate Change means the United Nations Framework Convention on Climate Change done at New York on 9 May 1992, as in force for Australia from time to time.

Note: The Convention is in Australian Treaty Series 1994 No. 2 ([1994] ATS 2) and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

5  Prescribed program

 (1) For the purposes of subsection 33(1) of the Act, the Electric Vehicle Manufacturing Program (the program) is prescribed.

 (2) The program provides financial support for:

 (a) the manufacture and assembly of electric vehicles; and

 (b) trials of electric vehicle technologies relating to either or both of the following:

 (i) the use of renewable energy to charge electric vehicles;

 (ii) the support of the electricity grid.

 (3) The purposes of the program are:

 (a) to increase the manufacture, sale and use of electric vehicles in Australia and overseas; and

 (b) to investigate mechanisms by means of which electric vehicles can support the electricity grid and use renewable energy.

6  Specified legislative power

  For the purposes of subsection 33(3) of the Act, the powers of the Parliament to make laws with respect to the following are specified:

 (a)  trade and commerce with other countries, and among the States (within the meaning of paragraph 51(i) of the Constitution);

 (b) external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures that would assist Australia to meet its obligations under one or more of the following:

 (i) the Kyoto Protocol, particularly Article 10;

 (ii) the Paris Agreement, particularly Article 4;

 (iii) the United Nations Framework Convention on Climate Change, particularly Article 4.