Industry Research and Development (Supporting Small Business to Go Digital Post-COVID-19 Program) Instrument 2020

The Industry Research and Development (Supporting Small Business to Go Digital Post-COVID-19 Program) Instrument 2020 is a Commonwealth legislative instrument made under section 33 of the Industry Research and Development Act 1986. It commenced on 10 November 2020, being the day after registration.

The instrument was made in the post-COVID-19 period and is directed at one practical policy goal: encouraging small business owners to implement digital technologies that include an online element. Rather than regulating how businesses must operate, it sets up the legal basis for a prescribed government program.

That distinction matters. This instrument is not a general digital compliance law for small business. It does not require a business to move online, buy software, change its website, or report anything to government. Its function is narrower. It prescribes a program so that funding can be used for a 'Go Digital' advertising campaign and related promotional activity described in the instrument.

Section 5 is the operative part of the instrument. It prescribes the Supporting small business to go digital post-COVID-19 Program for the purposes of subsection 33(1) of the Act.

The instrument then states what the program provides funding for. According to the text, the program funds a 'Go Digital' advertising campaign, including funding for:

The instrument also states the purpose of the program. That purpose is to encourage small business owners to implement digital technologies that include an online element.

So, in practical terms, the instrument authorises a government support and promotion initiative. It is about awareness, encouragement and promotion of existing support services. It is not a code of conduct for private businesses and it does not itself create a direct advisory relationship between government and every business owner.

The intended audience is small business owners. The program is expressly framed around promoting digital technology to small business and encouraging small business owners to adopt digital technologies with an online element.

Businesses most likely to notice the practical effects are those considering online sales, online booking systems, digital marketing, cloud tools, customer communication platforms or other online-enabled systems. A business may come across campaign material, case studies or references to government support services because of this program.

Government agencies and administrators are also in scope because the instrument prescribes the program they are authorised to fund and deliver.

By contrast, the instrument does not set out obligations for large private businesses, consumers, charities generally, or software providers as a class. It also does not create a direct legal framework for consultants, advisers or digital platforms. Those groups may be affected commercially or operationally, but they are not the focus of the instrument text.

The instrument also does not define detailed business eligibility criteria for receiving a benefit. If you are trying to work out whether your business can access a separate support service or funding stream, you will need to check the current rules for that separate program.

For private businesses, there is no trigger point that creates a mandatory compliance step under this instrument. You do not become subject to a filing duty, approval requirement or statutory standard merely because you operate a small business or adopt digital tools.

The practical trigger in the instrument is governmental, not private. Once the program is prescribed, funding can be directed to the 'Go Digital' advertising campaign and the listed promotional activities. That is the legal work the instrument performs.

Because of that structure, the main obligations described by the instrument sit with the program itself and those administering it. The instrument indicates that the funded campaign includes promotion of digital technology benefits, promotion of the Australian Small Business Advisory Services Program, promotion of other Australian Government digital capability services, and development and promotion of COVID-19-specific case studies.

For business owners, the practical reading is simple:

The safest way to read this instrument is as an enabling law for a government communications and support initiative. It tells you the program exists, what it is funded to promote, and what its purpose is. It does not give a complete operational handbook for businesses.

If you are a business owner, avoid reading more into the instrument than it says. In particular, the text does not promise that every small business can obtain direct assistance, and it does not spell out any application pathway. It also does not say that the instrument itself delivers advisory services directly to businesses. What it does say is that the campaign includes promotion of the Australian Small Business Advisory Services Program and other Australian Government services directed towards supporting digital capability.

That means there are two separate questions you should keep apart:

For the first question, this page answers the position from the legislation. For the second, you should check the latest government program information, because the instrument itself does not contain the business-facing detail needed to make an eligibility decision.

If your business is planning a digital rollout because of information you saw through a government campaign, it is sensible to separately review your website terms, privacy collection practices, online sales processes, payment systems, cyber security settings and customer communications. Those issues may create real legal obligations, but they arise under other legal frameworks.

Before making a business decision based on this instrument, check what you are actually trying to confirm.

If you want to know whether the Commonwealth had legal authority to run and fund the described campaign, this instrument is directly relevant. It names the program, states its purpose, and identifies the funded campaign activities.

If you want to know whether your business can receive support, funding or advisory assistance, you should also look for the current public material for the relevant government service. The instrument does not contain:

You should also check whether the instrument remains in force and whether any later legislative or administrative changes affect the practical availability of the program. The Federal Register of Legislation records this instrument as in force.

The instrument is dated 4 November 2020 and registered on 9 November 2020. Under its commencement provision, the whole instrument commenced on the day after registration, which was 10 November 2020.

The instrument states that it is made under section 33 of the Industry Research and Development Act 1986. It also specifies, for the purposes of subsection 33(3) of that Act, the constitutional legislative power relating to postal, telegraphic, telephonic, and other like services within paragraph 51(v) of the Constitution.

The current Register entry records the instrument as in force. If you need to rely on the latest legal status, check the current Federal Register entry before acting.

This page is based on the text of the instrument as published on the Federal Register of Legislation. The legislation text is clear about the program's purpose and funded activities, but it is brief. Because of that, this page does not go beyond the instrument by describing business eligibility rules, direct grants, or detailed delivery arrangements that are not set out in the legislation itself.