Industry Research and Development (Soil Program) Instrument 2021 I, David Littleproud, as delegate of the Minister for Industry, Science and Technology, make the following instrument. Dated 14 October 2021 David Littleproud Minister for Agriculture and Northern Australia Contents 1 Name 2 Commencement 3 Authority 4 Definitions 5 Prescribed program 6 Specified legislative power 7 Eligibility criteria relating to program 1 Name This instrument is the Industry Research and Development (Soil 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. 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this instrument is registered. 3 November 2021 Note: This table relates only to the provisions of this instrument as originally made.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. program: see subsection 5(1). 5 Prescribed program (1) For the purposes of subsection 33(1) of the Act, the Soil Program (the program) is prescribed. (2) The program: (a) provides funding to researchers to conduct research relating to soil science; and (b) provides funding to the Australian Society of Soil Science Incorporated to develop and implement: (i) a program for the accreditation of soil practitioners; and (ii) education resources relevant to the accreditation program; and (c) provides payments for soil data; and (d) provides funding to enable: (i) the collection of soil samples, including by land managers; and (ii) accredited laboratories to test the soil samples, analyse the test results and provide the data obtained from the testing and analysis to the Commonwealth. 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) for the parts of the program covered by paragraphs 5(2)(a) and (b)—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) for the parts of the program covered by paragraphs 5(2)(c) and (d)—census and statistics (within the meaning of paragraph 51(xi) of the Constitution). 7 Eligibility criteria relating to program For the purposes of subsection 33(4) of the Act, the eligibility criteria relating to the part of the program covered by paragraph 5(2)(a) includes the requirement that applicants must be trading or financial corporations to which paragraph 51(xx) of the Constitution applies.