This instrument is the Industry Research and Development (Support Plantation Establishment Program) Instrument 2023.

(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.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made.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

Note: A number of expressions used in this instrument are defined in the Act, including the following:

(a) entity.

In this instrument:

Act means the Industry Research and Development Act 1986.

Australian business means an entity that:

(a) conducts a business in an Australian State or Territory; and

(b) has, for the business, an Australian Business Number under the A New Tax System (Australian Business Number) Act 1999.

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] ATS2) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

long-rotation plantation means a plantation grown and managed to predominantly produce logs for processing into timber used for construction and manufacturing, and where the optimum length of time for maturity of the plantation is expected to be between 25 and 40 years.

plantation has the same meaning as in the Regional Forest Agreements Act 2002.

program: see subsection 5(1).

State forestry body means:

(a) an entity that is established by or under a law of a State; or

(b) a part of a State government;

that manages one or more plantations, or engages in forestry-related activities.

Territory forestry body means:

(a) an entity that is established by or under a law of a Territory; or

(b) a part of a Territory government;

that manages one or more plantations, or engages in forestry-related activities.

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 194 No. 2 ([1994] ATS 2) and could in 2023 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

5 Prescribed program

(1) For the purposes of subsection 33(1) of the Act, the Support Plantation Establishment Program (the program) is prescribed.

(2) The program provides funding to Australian businesses, State forestry bodies and Territory forestry bodies to support the establishment of new long‑rotation plantations.

(3) The purpose of the program is to support Australian businesses, State forestry bodies and Territory forestry bodies to:

(a) establish new plantations which are long‑rotation plantations;

(b) reduce carbon emissions through the sequestration of carbon by trees growing in new long‑rotation plantations;

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) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution);

(b) external affairs (within the meaning of paragraph 51(xxix) of the Constitution), as it relates to measures to give effect to Australia’s obligations under either or both of the following:

(i) the Kyoto Protocol, particularly Articles 2 and 10;

(ii) the United Nations Framework Convention on Climate Change, particularly Article 4;

(c) matters in respect of which the Constitution makes provision until the Parliament otherwise provides (within the meaning of paragraph 51(xxxvi) of the Constitution), together with section 96 of the Constitution (financial assistance to States);

(d) the government of a Territory (within the meaning of section 122 of the Constitution).