Industry Research and Development (National Communications Campaign to Support Small Business Program) Instrument 2020

This is a Commonwealth legislative instrument made under section 33 of the Industry Research and Development Act 1986. Its main function is to prescribe the National Communications Campaign to Support Small Business Program.

The instrument says the program provides funding for a communications campaign to support small businesses affected by the economic impacts of COVID-19. It also states the program's purpose, which is to mitigate those negative economic impacts by encouraging consumers to patronise small businesses.

That is an important practical distinction. The instrument is primarily about legal authority for a government program and related funding. It is not a detailed operating manual for businesses, and it does not create a licensing scheme, registration process, reporting duty or mandatory code of conduct for small business owners.

If you are a business owner reading this page, the safest starting point is that the instrument explains the legal framework for a government campaign. It does not, by itself, tell you how to join the campaign, how businesses are chosen, or whether your business will receive any direct benefit.

The instrument is directed at a program intended to support small businesses affected by the economic impacts of COVID-19. That is the key class of business in scope at a high level.

However, the text is broad. It does not list industries, turnover thresholds, employee caps, geographic limits or other detailed eligibility markers. It also does not define which small businesses may be selected for any direct campaign involvement.

Because of that, many kinds of small businesses could potentially fall within the broad policy target of the campaign, especially businesses whose trade depends on consumer demand. That may include retail, hospitality, tourism, local services and other small operators affected by reduced spending during the pandemic.

Just as importantly, the instrument does not say that all such businesses will be included, featured or contacted. If you are trying to work out whether your business can be profiled in campaign material or otherwise participate directly, this instrument alone does not answer that question.

The practical trigger in the instrument is the prescription of the program under section 33 of the Act. Once prescribed, the program can operate as a Commonwealth program for the purpose described in the instrument.

The stated policy focus is narrow and specific. The program provides funding for a communications campaign to support small businesses affected by the economic impacts of COVID-19. The mechanism identified in the instrument is consumer behaviour. In simple terms, the campaign is intended to encourage consumers to spend with small businesses.

This helps businesses understand what the instrument does and does not do. It does cover a communications campaign. It does not, in the text of the instrument, establish a grant program for individual businesses. It does not create tax relief, direct compensation, or a payment entitlement for business owners. If a business is looking for direct financial assistance, this instrument should not be read as creating that right.

It is also worth noting that the instrument is about the existence and purpose of the program, not the detailed mechanics of campaign delivery. So while the program may have practical effects in the market, the instrument itself remains high level.

For most businesses, the practical position is straightforward. There are no direct compliance obligations created by this instrument. A business does not need to register under it, submit forms under it, change its contracts because of it, or update its website to comply with it.

The legal effect falls mainly on the Commonwealth side. The instrument prescribes the program and specifies the legislative powers relied on for the purposes of subsection 33(3) of the Act. The text identifies two constitutional heads of power: communications services under paragraph 51(v) of the Constitution, and measures that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.

For business owners, the more practical issue is what to check if the department contacts you about campaign participation. The instrument does not contain those participation terms. Any real-world involvement should therefore be reviewed through the separate documents provided at the time.

For example, if your business is asked to appear in promotional content, you would usually want to check what use will be made of your business name, logo, staff images, premises, products or statements, whether approvals are needed before publication, and whether there are any conditions attached to participation. Those issues are commercial and reputational questions that sit outside the instrument itself.

A common misunderstanding is to assume that if a program appears in legislation, the legislation will also explain exactly how businesses can access it. That is not the case here.

This instrument does not set out campaign operations in detail. It does not explain how advertisements will be produced, which media channels will be used, how businesses will be selected, whether there will be regional targeting, or whether there is any formal application pathway.

It also does not say that a business has a right to be included in campaign materials or to receive a direct commercial benefit. The instrument establishes the legal framework and purpose. The day-to-day administration sits elsewhere.

That means participation in campaign activities, if any, is managed separately. If your business is invited to provide branding, photographs, case studies, interviews or other material, the relevant rights and responsibilities will come from the separate invitation and participation documents, not from this instrument alone.

So if your business is trying to make a practical decision, the safest reading is this: the instrument confirms the Commonwealth can run and fund the campaign, but you need separate current information to know whether there is anything your business can do now.

The instrument was made on 21 May 2020 and registered on 25 May 2020. It commenced on 26 May 2020, being the day after registration.

The Federal Register entry identifies the instrument as in force. That tells you the instrument remains part of the legislative framework unless and until it is amended or repealed.

Businesses should still check the current Register status before relying on any legislative instrument, especially where they are looking for a live program opportunity rather than historical context. An instrument being in force does not necessarily mean campaign activity is currently open, active or seeking business participation at any given time.

This page explains the instrument as a legal framework. It should not be treated as proof that there is a current invitation, open process or active campaign placement available to your business right now.

If you are reading this because you want to know whether your business can benefit from the program right now, there are a few practical checks to make before acting.

First, confirm the instrument's current status on the Federal Register of Legislation. Second, look for current material from the Department of Industry, Science and Resources about whether any campaign activity is active. Third, if your business is approached to participate, review the separate participation documents rather than assuming the instrument contains all relevant terms.

These checks matter because the instrument is short and high level. It tells you the program exists and what it is for, but not the operational detail a business would need to make a commercial decision about involvement.

It is also sensible to keep records of any invitation, approval, consent or publicity terms your business receives. If campaign material will use your branding or statements, make sure the business understands what has been approved and who has authority to approve it.

Does this instrument create a new legal duty for my business? No. It does not impose direct compliance obligations on individual small businesses.

Does it create a right to funding for my business? Not on the text of the instrument. It says the program provides funding for a communications campaign, not direct payments to each business.

Can I rely on this instrument to know how to join the campaign? No. The instrument does not set out an application process, selection criteria or participation method.

If my business is contacted, what matters most? The separate participation documents matter most in practice, because they will deal with the actual terms of involvement.

What is the key takeaway? This instrument establishes the legal authority and purpose for a government communications campaign. It does not provide the operational detail a business would need to assume there is a current or guaranteed opportunity.

The instrument is titled the Industry Research and Development (National Communications Campaign to Support Small Business Program) Instrument 2020. It is made under section 33 of the Industry Research and Development Act 1986.

The key operative provisions are the commencement clause, the definition of the program, the clause prescribing the program, and the clause specifying the legislative powers relied on. The most important practical point for readers is that the instrument itself is brief. It confirms the existence, purpose and legal footing of the program, but it does not provide a full operational guide for businesses.