Commonwealth Coat of Arms of Australia

 

Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024

I, Malarndirri McCarthy, Minister for Indigenous Australians, as delegate of the Minister for Industry and Science, make the following instrument.

Dated  15 January 2025   

 

Malarndirri McCarthy

Minister for Indigenous Australians

 

 

 

Contents

1  Name

2  Commencement

3  Authority

4  Definitions

5  Prescribed program

6  Specified legislative power

7  Additional operation

8  Eligibility criteria relating to program

 

 

1  Name

  This instrument is the Industry Research and Development (Remote Jobs and Economic Development Program - Community Jobs and Business Fund) Instrument 2024.

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.

 

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Note: This table relates only to the provisions of this instrument as originally made.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

  In this instrument:

Act means the Industry Research and Development Act 1986.

constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies

eligible person means a person who:

 (a) lives in a region characterised by a weak labour market and low economic activity; and

 (b) frequently has difficulty in finding lasting employment.

International Covenant on Economic, Social and Cultural Rights means the Covenant of that name done at New York on 16 December 1966, as in force for Australia from time to time.

Note: The Covenant is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

International Labour Organization’s Convention concerning Employment Policy means the Convention of that name done at Geneva on 9 July 1964, as in force for Australia from time to time.

Note: The Convention is in Australian Treaty Series 1970 No. 17 ([1970] ATS 17) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources means the Convention of that name done at Geneva on 23 June 1975, as in force for Australia from time to time.

Note: The Convention is in Australian Treaty Series 1986 No. 2 ([1986] ATS 2) and could in 2024 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).

program: see subsection 5(1).

RJED means Remote Jobs and Economic Development

RJED employee means an employee of an RJED recipient whose wages and employee entitlements are paid for out of funding provided under the RJED Program.

RJED Program means the Remote Jobs and Economic Development Program prescribed in Item 700 in Pt 4 of Sch 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.

RJED recipient means a recipient of funding under the RJED Program.

5  Prescribed program

 (1) For the purposes of subsection 33(1) of the Act, the Remote Jobs and Economic Development Program - Community Jobs and Business Fund (the program) is prescribed.

 (2) The program provides funding to RJED recipients to:

 (a) engage in activities, including any one or more of the following activities, for the purpose of bringing paid jobs for eligible persons into existence:

 (i) building, developing or improving facilities;

 (ii) leasing, purchasing or otherwise obtaining capital items or equipment;

 (iii) operating a business or undertaking that exists independently of the program;

 (iv) developing organisational capacity or capability;

 (v) delivering programs or services that reduce barriers to employment; and

 (b) deliver technical and vocational education and training, and workplace education and training, to RJED employees.

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)  in relation to paragraph 5(2)(a)—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 the International Labour Organization’s Convention concerning Employment Policy, particularly Articles 1 and 2;

(b)  in relation to paragraph 5(2)(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 one or more of the following:

 (i) the International Covenant on Economic, Social and Cultural Rights, particularly Articles 2 and 6;

 (ii) the International Labour Organization’s Convention concerning Vocational Guidance and Vocational Training in the Development of Human Resources, particularly Articles 1, 2, 3 and 4.

(c)  in relation to the additional operation of this instrument provided for in section 7—foreign corporations and trading or financial corporations formed within the limits of the Commonwealth (within the meaning of paragraph 51(xx) of the Constitution).

7  Additional operation

 (1) Without limiting the effect of this instrument apart from this section, this instrument has effect as provided by this section.

 (2) This instrument has the effect it would have if a reference to an RJED recipient were expressly confined to an RJED recipient that is a constitutional corporation.

8  Eligibility criteria relating to program

  For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the program under the additional operation of this instrument provided for in section 7 include the requirement that applicants must be a constitutional corporation.