Entrepreneurs’ Infrastructure Programme Programme Guidelines January 2015 Version 4 ENTREPRENEURS’ INFRASTRUCTURE PROGRAMME Purpose 1. The purpose of these Programme Guidelines is to provide the framework for the administration of the Entrepreneurs’ Infrastructure Programme (the Programme). 2. The Programme comprises three Elements: 3. a. Business Management b. Research Connections c. Accelerating Commercialisation Parts 1, 2 and 3 of these Programme Guidelines apply to all three Elements of the Programme. There is a separate Schedule for each Element that contains clauses only relevant to that Element. Additional Schedules may be added from time to time. Commencement 4. These Programme Guidelines commence on the date outlined in the Schedule for each Element. 5. The Programme Guidelines replace the Entrepreneurs’ Infrastructure Programme Guidelines Version 3. 6. These Programme Guidelines: a. are approved by the Minister; and b. may be amended by the Minister from time to time. 7. The Programme Guidelines should be read in conjunction with the relevant Customer Information Guides. Interpretation 8. The definitions outlined in Appendix 1 apply for the purpose of interpreting these Programme Guidelines. These definitions are not intended to substitute for the defined terms in any Funding Agreement. 9. In the event of any inconsistency between these Programme Guidelines and the Customer Information Guides, the Programme Guidelines prevail. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 2 Part 1 - Programme Overview Introduction 10. The Entrepreneurs’ Infrastructure Programme is a $484.2 million programme that was announced as part of the 2014-15 Budget and includes an allocation of $92.4 million for the Single Business Service initiative. As part of the Industry Innovation and Competitiveness Agenda $60 million was announced to co-fund commercialisation opportunities through the Programme. 11. The Programme sets out a new policy direction to; provide strategic support to business; bring research and business together to develop and commercialise novel intellectual property; and equip small and medium businesses with the management and business skills needed to lead change and expansion. 12. The Programme provides a framework through which the Government will support small and medium businesses to improve business capability and competitiveness, promote economic growth and support the commercialisation of new products, processes and services. 13. The Programme will improve the capability and collaborative capacity of small and medium businesses in five Growth Sectors through links with the Industry Growth Centres. Programme Objective 14. The objective of the Programme is to drive business growth and competitiveness by supporting business improvement and promoting economic growth through research connections and commercialisation of new products, processes and services. 15. In meeting the Programme objective, the Programme is expected to: a. increase sales, revenue and profit of small and medium businesses; b. improve products, services and processes of small and medium businesses; c. increase collaboration across business and researchers to build capability in a business to develop new ideas with commercial potential; d. assist small and medium businesses to grow, increase market participation and export participation; and e. deliver high quality advice and facilitation services. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 3 Part 2 - Programme Governance Roles and Responsibilities Minister 16. The Minister will appoint an Overarching Programme Delegate for the Programme and a Programme Delegate for each Element. Programme Delegate 17. The Overarching Programme Delegate and Programme Delegate are authorised to make decisions in relation to the administration of the relevant Element and to give directions to the Department as to the interpretation of these Programme Guidelines and other documents used in relation to the Element. 18. The Overarching Programme Delegate and Programme Delegate must have regard to the policy objectives of the Programme when performing any function or making any decision in relation to the Programme. Commonwealth’s Rights 19. Nothing in these Programme Guidelines should be construed to give rise to any contractual obligations or rights, expressed or implied, by the issue of these Programme Guidelines or the submission of an application for a Grant under the Programme. 20. No agreement will be created between a successful Applicant and the Commonwealth, represented by the Department, until a Funding Agreement or Service Agreement is formally executed. 21. Notwithstanding the approval of an application for a Grant or Service, the provision of a Grant or Service by the Commonwealth, and the amount of a Grant, is subject to available Commonwealth funding and changes in Commonwealth policy. Announcements 22. The Department will report on its website, information on individual Grants as required by paragraph 5.3 of the Commonwealth Grants Rules and Guidelines. 23. In addition, the Minister or the Department may publicly announce successful projects, and details of successful Applicants. 24. Such public announcements may also include information provided by successful Applicants or compiled or obtained during the assessment of applications and negotiation of Funding Agreements that the Commonwealth determines is not confidential (see clauses 29-35). Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 4 Conflict of Interest and Bias 25. The Department has processes for managing actual and perceived conflicts of interest that are consistent with the requirements of the Commonwealth Grants Rules and Guidelines. In addition: a. the Department has procedures for managing the disclosure of interests by its staff which complement the APS Code of Conduct (see subsection 13 (7) of the Public Service Act 1999) and are published on the Departmental website; and b. the Department will require any Adviser, Facilitator or Commercialisation Adviser who is not an employee of the Department to disclose any actual, potential or perceived conflict of interest and if an actual, potential or perceived conflict of interest is identified, that person (or organisation) will be excluded from engaging with the Applicant unless the Programme Delegate determines that the conflict is not material. The conflict of interest procedures are published on Business.gov.au. Feedback and Complaints 26. Information about feedback and complaints handling concerning the Programme is included in the relevant Customer Information Guide and the Customer Service Charter published on Business.gov.au. Complaints concerning decisions will be directed to the Programme Delegate. 27. The Applicant is also entitled to lodge a complaint with the Commonwealth Ombudsman. Programme Contact Details 28. Any queries regarding these Programme Guidelines should be directed to Business.gov.au or the contact centre on 13 28 46. Protection of Information 29. The use and disclosure of information provided to the Department, Advisers, Facilitators and Commercialisation Advisers by Applicants (including information provided as part of any application) is regulated by the relevant provisions and penalties of the Public Service Act 1999 (Cth), the Public Service Regulations, the Privacy Act 1988 (Cth), the Crimes Act 1914 (Cth), the Criminal Code Act 1995 (Cth) and general law. 30. The relevant parties will use and disclose the information provided by Applicants for the purposes of discharging their respective functions under these Programme Guidelines and otherwise for the purposes of the Programme and related uses. The Department may also: Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 5 a. use information received in applications in any other departmental business; b. use information received in applications, and during the performance of Services or activities under a Funding Agreement for reporting and consultation with other Commonwealth, State or Territory government agencies; and c. during the assessment of applications, and in the course of administering the Programme, consult with other Commonwealth, State and Territory Departments and Agencies about an Applicant's claims and disclose information about Applicants as needed. The Department may also engage third parties (including auditors) to review applications to provide technical or financial advice on a contract basis. 31. This information may be disclosed to Department staff, the Minister and staff members of the Minister’s Office for the purposes of administering and informing the development of the Programme. 32. Any information obtained will be stored and held in accordance with the Department’s obligations under the Archives Act 1983 (Cth). 33. In addition to the above, the Department may disclose information, whether it be personal information (as defined by the Privacy Act 1988) or other information, to: a. the Auditor-General, Ombudsman or Privacy Commissioner; b. a House or a Committee of the Parliament of the Commonwealth of Australia; c. a third party contractor engaged by the Commonwealth for audit-related purposes; d. other Commonwealth agencies for law enforcement purposes, where the disclosure will serve the Commonwealth’s legitimate interests and, if necessary, to substantiate an Applicant’s claims; or e. a technical, financial, economic and/or industry expert (including auditors) from whom the Department wishes to seek advice in relation to the administration of the Programme. 34. Information obtained will only be used and disclosed for the purposes outlined above, or as otherwise authorised or required by law. 35. For further information as to how the Department handles personal information, please refer to the Department’s Privacy Policy. Freedom of information 36. All documents created or held by the Department with regard to the Programme are subject to the Freedom of Information Act 1982. Unless a Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 6 document falls under an exemption provision, it will be made available to the general public if relevant to a request under the Freedom of Information Act 1982. 37. All Freedom of Information (FOI) requests are to be referred to the FOI Coordinator in the Department. Decisions regarding requests for access will be made by an authorised officer in accordance with the requirements of the Freedom of Information Act 1982. Programme Evaluation 38. The Department will monitor and evaluate the performance of the Programme. This includes successful Participants being asked to provide information and data to the Department for the purposes of preparing periodic performance reports which are analysed and compared to industry standards. 39. The Department will analyse performance and evaluation data at various times to evaluate changes to a business following the commencement of the Service or Grant. 40. The Overarching Programme Delegate and Programme Delegate must: a. ensure that data from applications and service delivery is maintained in a form that is available for Programme monitoring and evaluation; and b. in collaboration with relevant policy partners, facilitate and cooperate with an independent evaluation of the Programme. Tax Obligations 41. Grants under the Programme may attract the Goods and Services Tax (GST). Grant funds are calculated to compensate for any GST that the Participant may be liable to pay. 42. Grants under the Programme may be treated as assessable income for taxation purposes. On this basis, Applicants are recommended to seek their own independent professional advice on their taxation obligations. Part 3 - Programme Delivery Eligibility for Business Management and Research Connections 43. To be eligible, an Applicant must be an Eligible Corporation that is non tax exempt and is registered for GST. 44. In addition to any precondition specified in clause 43, to be eligible to receive Services and Grants, Applicants must meet the following eligibility criteria: Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 7 45. a. operate in one of the specified industry sectors outlined in clause 45 or satisfy clause 46; and b. meet the relevant turnover or expenditure thresholds outlined at clause 47; and c. be Solvent; and d. have operated in Australia and filed business activity statements showing ongoing trading in at least three consecutive years; and e. not be named by the Workplace Gender Equality Agency as an organisation that has not complied with the Workplace Gender Equality Act 2012 (Cth). Elements will be available to small and medium businesses in the following Sectors: a. Advanced Manufacturing; b. Food and Agribusiness; c. Medical Technologies and Pharmaceuticals; d. Mining Equipment, Technology and Services; e. Oil, Gas and Energy Resources; or f. Enabling Technologies and Services of the Growth Sectors. 46. Businesses that can demonstrate they are committed to, and have the skills, capability, intellectual property or expertise to operate in, one of the Growth Sectors in the future may also be eligible. 47. The annual turnover or operating expenditure thresholds for eligibility under Business Management and Research Connections are: 48. a. Between $1.5 million and $100 million; or b. Between $750,000 and $100 million – for Applicants from Remote Australia. The following are ineligible to apply for services under Business Management and Research Connections: a. individuals; b. partnerships; c. trusts, except for trusts with trustees that are Eligible Corporations; and d. Commonwealth, State and Local Government agencies and bodies (including government business enterprises). Eligibility for Accelerating Commercialisation Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 8 49. To be eligible for Accelerating Commercialisation, Applicants must meet the following criteria: a. clause 43, or b. be a Commercialisation Office or Eligible Partner Entity, or c. 50. be an individual, partnership or trustee; that warrants at the time of submitting an Eligible Application that he/she will be or will form a non-tax exempt Eligible Corporation under the Corporations Act 2001 before signing a Funding agreement. In addition, Applicants for Accelerating Commercialisation must: a. Meet the criteria specified at clause 44(e); b. have a novel product, process or service they wish to commercialise and trade to customers external to the state or territory of the Applicant’s place of business; c. have a combined annual turnover of less than the $20 million turnover limit for each of the three years prior to the lodgement of the application; and d. have ownership, access to, or the beneficial use of, any intellectual property that is the subject of, or is necessary to carry out the Eligible Project. 51. In clause 50(c) the combined annual turnover must include the turnover of the Applicant and of each related body corporate (if any) at the time the Programme Delegate receives the application, except where the applicant is controlled by a Publicly Funded Research Organisation, in which case the turnover of the Applicant in isolation must be less than $20 million for each of the three years prior to the lodgement of the Application. 52. For the avoidance of doubt, clauses 44(a-d), 45 – 47do not apply to Applicants of Accelerating Commercialisation. 53. Consistent with the objectives of the Programme, and Elements, the Overarching Programme Delegate and Programme Delegates may agree on a case by case basis to provide services from other Elements to Participants of Accelerating Commercialisation. Applications 54. Applications for the Programme, unless advised otherwise, must be completed and submitted electronically through Business.gov.au (Applicants are encouraged to review the relevant Customer Information Guide prior to completing the application form.) 55. An application for the Programme must: Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 9 a. be completed by the Applicant or an authorised representative of the Applicant; and b. provide all the information required by, and specified in, the application form. Application assessment 56. The Programme uses a demand-driven process whereby applications that satisfy stated eligibility criteria receive funding, up to the limit of available appropriations and subject to revision, suspension or abolition of the granting activity. With the following exclusions: a. Business Growth Services which operates on a merit basis as outlined in Schedule A; and b. Accelerating Commercialisation which operates on a merit basis as outlined in Schedule C. 57. The Programme Delegate will determine whether an application is eligible under the Programme Guidelines. 58. Subject to available funding, the Programme Delegate will approve Eligible Applications. Application approval 59. Applicants are advised formally of the outcome of their application in writing. Funding Agreement 60. The Programme Delegate, on behalf of the Commonwealth, and the successful Applicant must enter into a Funding Agreement before Grant funds are provided to the Participant. 61. Among other things, a Funding Agreement will: a. ensure that the Commonwealth is empowered to recover Grant funds in circumstances where the Participant has not complied with the terms and conditions set out in the Funding Agreement; b. specify the maximum amount of Grant funding for the project and the timing, method and conditions of delivery of the Grant; c. require that the Participant conduct the project to which the application relates, including evidence of expenditure claimed; d. provide for variation and termination of the Funding Agreement and set out dispute resolution procedures; and e. include any other matters that the Programme Delegate considers necessary for the administration of an Element; and Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 10 f. not be inconsistent with the laws and policies of the Commonwealth, a State or Territory or these Programme Guidelines. Variations 62. The Programme Delegate may, at his/her discretion, agree with a Participant to vary the Funding Agreement from time to time. 63. A variation to a Funding Agreement will only be considered by the Programme Delegate if it: a. is consistent with the Programme’s and/or Element’s objective; and b. is appropriate in all circumstances. 64. Approved variations to the Funding Agreement must be made in writing prior to the Funding Agreement end date. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 11 Schedule A Entrepreneurs’ Infrastructure Programme Business Management Introduction 65. Business Management will focus on addressing the challenges facing small and medium businesses through the provision of advice and facilitation to build management and business capabilities and networks, ensuring competitive businesses for the future. 66. Business Management is delivered through a national network of experienced Advisers and Facilitators and supported by Industry Partners. 67. Applicants who meet the relevant eligibility and merit criteria will be eligible to receive Services subject to available resources and funding. Commencement 68. Business Management commenced on 1 July 2014 and will be ongoing. Transition Arrangements 69. These Programme Guidelines apply for the purposes of the Business Management Element of the Programme from 1 November 2014 and are not a replacement of existing services or offerings provided by the Department before then. 70. Applicants applying for a Business Growth Grant to implement a recommendation(s) identified in a Business Review Report or Continuous Improvement Report or Continuous Sustainable Improvement Plan under the Enterprise Connect programme do not need to satisfy the eligibility criteria listed in clauses 44(a-b) and 45 – 47. Objective 71. Business Management will help to achieve the overall Programme objective by: a. improving business capability; b. increasing sales, revenue and profit of small and medium businesses; c. improving products, services and processes of small and medium businesses; and d. assisting small and medium businesses to grow, increase market participation and export participation. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 12 72. The key outcomes from Business Management may include the following: a. Participants to improve business performance and capability; b. Participants extend their networks and increase their capacity to collaborate; c. Participants achieve growth in revenue and profitability; d. Participants access supply chain opportunities; e. Participants identify and leverage growth opportunities; and f. Participants improve global market awareness and engagement. Activities 73. Business Management comprises the following activities: a. Business Evaluation – a holistic analysis of the eligible business carried out on-site by skilled and experienced Advisers. At the conclusion of a Business Evaluation, the business will be provided with a Business Evaluation Report accompanied by a range of recommendations for improvement. b. Supply Chain Facilitation – services delivered to small and medium businesses to facilitate individual business access to supply chain opportunities in the five Growth Sectors and to facilitate capability development for businesses to meet supply requirements through an Information Service, Supplier Improvement Plan or Customer Connections. c. Business Growth Services – supports an eligible High Growth Potential Business over an Extended Engagement of up to two years, to embed strategic business improvements targeting growth capability. The Adviser will conduct an initial growth capability assessment, develop a customised and agreed Growth Plan, provide access to Services delivered by specialist Advisers and/or Facilitators, and broker connections to expert networks to embed change and accelerate growth. d. Business Growth Grant - reimburses Applicants after completion of the project for up to half of the cost of engaging a consultant (up to a maximum of $20,000) to make business improvements that were recommended in the Business Evaluation Report or Supplier Improvement Plan or Growth Plan under the Programme or Business Review Report or Continuous Improvement Report or Continuous Sustainable Improvement Plan under the Enterprise Connect programme. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 13 Eligibility 74. To be eligible for Business Evaluation, Supply Chain Facilitation, or Business Growth Services, businesses must meet the eligibility criteria set out in Part 3 of the Programme Guidelines and the following criteria. 75. Applicants for the Business Evaluation must have not previously received a Business Evaluation under the Programme or Business Review under the Enterprise Connect programme, in the last five years. 76. To be eligible to participate in a Customer Connections event, individual small and medium businesses must have completed, or be engaged in, a Business Evaluation or Supplier Improvement Plan, or Growth Plan under the Programme, or a Business Review under the Enterprise Connect programme. 77. To be eligible for the Business Growth Services, businesses must also be assessed as being a High Growth Potential Business against the merit criteria in the Business Growth Services Gateway Assessment. 78. To be eligible for Business Growth Grants, Applicants must: a. have received a Business Evaluation Report or Supplier Improvement Plan or Growth Plan under the Programme, or Business Review Report or Continuous Improvement Report or Continuous Sustainable Improvement Plan under the Enterprise Connect programme; b. be implementing a recommendation(s) identified in the Business Evaluation Report or Supplier Improvement Plan or Growth Plan under the Programme, or Business Review Report or Continuous Improvement Report or Continuous Sustainable Improvement Plan under the Enterprise Connect programme; and c. 79. be able to fund the total value of the costs of engaging a consultant to implement the recommendation(s) before claiming payment of the Grant funds (which are worth half of the total value up to a maximum Grant of $20,000). An Eligible Application for a Business Growth Grant, must: a. provide a quote from two different consultants to implement part or all of the recommendations in the report or plan identified in clause 80; b. demonstrate the preferred consultant is bringing new areas of expertise to the business; c. demonstrate the work involved is not part of the ordinary operations of the business; and d. demonstrate how the project will build identified capabilities. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 14 80. Applicants must apply for a Business Growth Grant within six months of receipt of the Business Evaluation Report or Supplier Improvement Plan, or Business Review Report, Continuous Improvement Report or Continuous Sustainable Improvement Plan under the Enterprise Connect programme, or within two years of receipt of the Growth Plan, unless otherwise agreed by the Programme Delegate. 81. A Business Growth Grant can only fund activities directly related to the implementation of recommendations identified in the Business Evaluation Report, or Supplier Improvement Plan or Growth Plan, or Business Review Report, or Continuous Improvement Report, or Sustainable Improvement Plan under the Enterprise Connect programme. Merit Criteria for Business Growth Services 82. In order to access Business Growth Services, Eligible Applicants must be assessed by an Adviser as being a High Growth Potential Business against the merit criteria in the Business Growth Services Gateway Assessment. 83. Merit criteria in the Business Growth Services Gateway Assessment measure the extent to which the business has: a. market expansion opportunities; b. management commitment to innovation and growth; c. sound business operations and systems that can be scaled; and d. financial capacity to fund growth. Applications 84. Applications for Business Evaluations, Supply Chain Facilitation and Business Growth Services may be lodged at any time during the life of the Programme. 85. Applications for Business Growth Grants must be made within the time period set out in clause 80, and are subject to available funding. If funding is no longer available, information will be published on Business.gov.au to advise that the Programme is closed to new applications. Payment of grant funds 86. Grant funds will be paid in arrears following the completion of the Business Growth Grant project and acquittal of associated costs. Programme Delegate 87. The Programme Delegate will occupy the position of General Manager, AusIndustry. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 15 88. The Programme Delegate is responsible for: a. determining the eligibility of applications; b. ensuring overall efficient and effective administration of the Programme; c. approving applications for Business Evaluations, Supply Chain Facilitation, Business Growth Services and Business Growth Grants; d. entering into Funding Agreements on behalf of the Commonwealth; e. authorising payments of Grant funds by the Commonwealth to Participants; and f. approval of all customer documentation. 89. The Programme Delegate will carry out other functions as authorised by the Minister. 90. The Programme Delegate’s decision is otherwise final in all matters. Advisers and Facilitators 91. The Commonwealth may engage Industry Partners to provide Advisers and Facilitators to assist in the delivery of Business Management. The role of these Advisers and Facilitators includes, but is not limited to: a. providing advice and mentoring to Participants; b. assisting Participants in developing their professional networks and providing connections; c. fostering innovation, productivity, and continuous improvement in Participants; d. alliance building between Participants; e. mapping capability and connections for Participants; f. providing recommendations to Participants to embed improvements in their business; g. engaging specialists for provision of specialist services and advice; h. understanding and drawing on knowledge from the Industry Growth Centres; i. providing the Commonwealth with industry intelligence; and j. undertaking other activities agreed by the Commonwealth. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 16 Schedule B Entrepreneurs’ Infrastructure Programme Research Connections Introduction 92. Research Connections will focus on helping small and medium businesses to collaborate with the research sector to develop new ideas with commercial potential. 93. Research Connections will operate as a facilitation Service, with Facilitators assessing business’ knowledge gaps and providing specialist support. The Service will include identifying critical and strategic research needs and opportunities for the business; supporting the business to connect with sources of expertise, technology and advice; and providing pathways to engage and collaborate with the research sector, which may include a matched funding Grant that provides direct access to research capability. 94. Applicants who meet the relevant eligibility criteria will be eligible to receive the relevant Service subject to available resources and funding. Commencement 95. Research Connections commenced on 1 September 2014 and will be ongoing. Objective 96. Research Connections will help achieve the overall Programme objective by: a. increasing collaboration across business and Researchers to build capability in a business to develop new ideas with commercial potential; b. supporting individual small and medium businesses to address systemic challenges to competitiveness e.g. accessing information, obtaining external advice, and finding the time and resources needed for effective innovation; and c. 97. increasing understanding and awareness at the individual business level of the benefits of developing relationships with the research sector. The key outcomes from Research Connections may include increases in the: a. number of businesses accessing Research Connections; Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 17 b. number of businesses that report establishing a new or ongoing relationship with a Publicly Funded Research Organisation(s) as a result of involvement in Research Connections; c. number of businesses that report an improved understanding or awareness of the benefits of developing relationships with the research sector, as a result of involvement in Research Connections; and d. number of businesses that report organisational change as a result of their involvement in Research Connections i.e. to support their ability to address systemic challenges to competitiveness e. number of businesses that report business growth as a result of their involvement in Research Connections e.g. an increase in staff. 98. It is expected that over time, Research Connections may also deliver the following outcomes: a. new goods or services that assist a business to more effectively compete; b. increased understanding and awareness by business of the process and benefits of undertaking research and development and developing a positive attitude in embracing and engaging with the research sector and other external advice; c. an increase in the number of businesses collaborating with Publicly Funded Research Organisations and establishing a new and ongoing relationship with a Publicly Funded Research Organisation; d. an increase in the capacity of individual businesses to leverage the Research Connections project to secure additional funding from other sources once the project is completed; and e. better links between Publicly Funded Research Organisations and industry which enable Publicly Funded Research Organisations to better align their research strategies to the needs of industry. Activities 99. Research Connections will be delivered as a facilitation Service that provides expert advice on solutions for business to knowledge-related issues, and a brokering service to link businesses with appropriate knowledge providers and research organisations. 100. Following a business research needs assessment by Research Connections, businesses will have access to a facilitated one-on-one Service where Facilitators will work with businesses to: Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 18 a. diagnose knowledge-related issues and/or opportunities (i.e. technology, information technology, testing and prototyping facilities, new market opportunities, advanced materials); b. identify critical research areas for improvement (products, processes and/or services); c. identify strategic research opportunities into new or existing markets; d. connect to the most appropriate source of expertise, suppliers of technology and technical knowledge advice; e. provide pathways for research sector engagement and collaboration; and/or f. accelerate business access to Science, Technology, Engineering and Mathematics (STEM) expertise, including by promoting research organisations’ work integrated learning initiatives. 101. Following the facilitated Service, Facilitators may also work with Participants to provide access to up to 12 months of financial assistance in the form of a matched funding Grant worth up to $50,000 to support: a. engagement of a Publicly Funded Research Organisation to undertake research activities on the business’ behalf; b. the placement of a Researcher in the business in order to develop and implement a new idea with commercial potential; c. access to research infrastructure; and/or d. access to other forms of research capability, as determined by the business research needs assessment. 102. A Recipient may apply for a second Research Connections Grant at the end of the first so as to continue the research relationship. Applications will be accepted within six weeks of the completion of the first granting period. This will mean that businesses will, in effect, be eligible to apply for $100,000 of funding support over 24 months. 103. Research Connections will be delivered by a national network of Facilitators. Facilitators will have first-hand business experience, can empathise with local industry and will have the networks to enable appropriate linkages between both sectors. They will be specialists in technology, industry research and relationship building. Eligibility 104. To be eligible for Research Connections, businesses must meet the eligibility criteria set out in Part 3 of the Programme Guidelines. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 19 105. Businesses may only access the facilitated Service following completion of a business research needs assessment. 106. In addition to clause 104, in order to access a Grant under Research Connections, businesses will be required to: a. undergo an application process following the facilitated Service; b. be able to fund the total value of the cost of the Research Connections project before claiming payment of the Grant funds (which are worth 50 per cent of the total value); c. demonstrate a need for Commonwealth funding (including that they are unable to access funding through another means, such as from state or territory governments or existing business development support services through research organisations); and d. demonstrate that the research will support a project of commercial relevance to the business. 107. Applicants must apply for a Research Connections Grant within 12 months of completion of the Research Connections facilitated Service unless otherwise agreed by the Programme Delegate. 108. A Research Connections Grant can only fund activities directly related to the outcomes of the facilitated Service. Applications 109. Applications for Research Connections may be lodged at any time during the life of the Programme. 110. The Programme Delegate may agree that a Publicly Funded Research Organisation can enter into a Funding Agreement with the Commonwealth for a Research Connections Grant at the request of an Applicant for the purposes of providing research capability to that Applicant. Payment of grant funds 111. Grant funds will be paid in arrears following the completion of the Research Connections project and acquittal of associated costs for the total value of the project (including matched funding). Programme Delegate 112. The Programme Delegate will occupy the position of General Manager, AusIndustry. 113. The Programme Delegate is responsible for: a. determining the eligibility of applications; Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 20 b. ensuring overall efficient and effective administration of the Research Connections of the Programme; c. approving applications for Research Connections Grants; d. entering into Funding Agreements on behalf of the Commonwealth; e. authorising payments of Grant funds by the Commonwealth to Participants; and f. approval of all customer documentation. 114. The Programme Delegate will carry out other functions as authorised by the Minister. 115. The Programme Delegate’s decision is otherwise final in all matters. Research Facilitators 116. The Commonwealth may engage Industry Partners to provide Advisers and Facilitators to assist in the delivery of Research Connections. The role of these Advisers and Facilitators includes, but is not limited to: a. providing advice and mentoring to Participants, including knowledge-related issues and/or opportunities b. fostering innovation, productivity, and continuous improvement in Participants; c. identify strategic research opportunities; d. alliance building between Participants; e. mapping capability and connections for Participants; f. providing recommendations to Participants; g. understanding and drawing on knowledge from the Industry Growth Centres; and h. undertaking other activities agreed by the Commonwealth. Schedule C Entrepreneurs’ Infrastructure Programme Accelerating Commercialisation Introduction 117. Accelerating Commercialisation will focus on helping Australian entrepreneurs, researchers, inventors, start-ups, commercialisation offices and small and medium sized enterprises address the challenges associated with commercialising novel intellectual property in the form of new products, processes and/or services. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 21 118. Accelerating Commercialisation will operate as an advisory Service, with Commercialisation Advisers providing expert guidance and connections to assist Applicants find the right commercialisation solutions for their new product, process or service, which may include a matched funding Grant that provides support for commercialisation activities. 119. Applicants who meet the relevant eligibility and merit criteria will be eligible to receive Services subject to available resources and funding. Commencement 120. Accelerating Commercialisation commenced on 1 November 2014 and will be ongoing. Transitional Arrangements 121. Participants under the Commercialisation Australia programme will continue to receive the services outlined in their current funding agreements. These Commercialisation Australia participants will be included in the Portfolio (see clause 126) for the duration of the funding agreement. Objective 122. Accelerating Commercialisation will help achieve the overall Programme objective by: a. accelerating the commercialisation of novel intellectual property in the form of new products, processes and services; b. creating new businesses based on novel intellectual property with high growth potential; and c. facilitating greater commercial and economic returns from both public and private research and development investment to drive business growth and competitiveness. 123. The key outcomes for Accelerating Commercialisation may include the following: a. Applicants and Participants improve their skills and experience relevant to commercialising their product, process or service; b. Participants extend their networks to accelerate their commercialisation process; c. Participants attract private investment; d. Participants expand their intellectual property portfolio; e. Participants attain and grow export sales; f. Participants achieve growth in revenue and profitability; and Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 22 g. Participants increase their number of employees. Activities 124. Following an expression of interest process, services available may include access to: a. Commercialisation Advisers who may provide initial guidance and feedback on the expression of interest; and/or b. referrals to other Federal and State Government programmes, if applicable. 125. Additional support and funding assistance may also be available following a competitive application process under Accelerating Commercialisation. This could include one or more of the following: a. support from a Commercialisation Adviser who may provide some of the services listed in clause 153; b. opportunity to access the Expert Network (via a Commercialisation Adviser) to help make important business connections, create opportunities to raise capital and/or enter new markets; c. exposure to investors and multi-national corporations through domestic and international roadshows; d. Grants to assist in bringing new products, processes or services to market of up to: i. $250,000 for Commercialisation Offices and Eligible Partner Entities; or ii. $1 million for all other Applicants. e. potential opportunities to access other Element offerings under the Programme. 126. If an Applicant is successful in entering Accelerating Commercialisation they will automatically join the Portfolio. If the Applicant: a. has succeeded without receiving Grant assistance, services will be available for a period of up to 24 months, or b. has succeeded in receiving Grant assistance, services will be available for a period of up to 24 months. Grant assistance is available to support Eligible Projects up to 50 per cent of the Eligible Expenditure up to a maximum of $1 million. Eligibility Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 23 Eligible Applicants 127. To be eligible for Accelerating Commercialisation, Applicants must meet the eligibility criteria set out in Part 3 of these Programme Guidelines. 128. To be eligible to apply for Grant funding, in addition to meeting clause 127, the Applicant must also be able to demonstrate an ability to fund at least 50 per cent of the Eligible Expenditure of the Eligible Project, other than from Government Grant Sources. Eligible Projects 129. An Eligible Project under Accelerating Commercialisation must aim to achieve at least one of the following: a. complete the development of a novel product, process or service; b. prove commercial viability of a novel product, process or service; c. make the first sales of a novel product, process or service in Australia or overseas; or d. drive the business towards commercialisation of its novel product, process or service. Eligible Applications 130. An Eligible Application under Accelerating Commercialisation must: a. be from an Eligible Applicant; b. involve an Eligible Project; c. be complete and contain sufficient information to undertake a merit assessment; and d. be in the form required. 131. For applications to be eligible for Grant funding they must also include the following: a. Eligible Expenditure; b. a project period not exceeding a maximum of two years. There is no minimum project duration; Applications 132. Applications for Accelerating Commercialisation may be lodged at any time during the life of the Programme, and may not necessarily be preceded by an Expression of Interest. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 24 133. Information relating to the application process will be provided in the Customer Information Guide. Merit Criteria 134. Eligible Applications will be assessed on a competitive basis against the merit criteria listed below. a. Need for funding b. Market opportunity c. Value proposition d. Execution plan e. Management capability f. National benefits 135. Eligible Applications that are not for Grant funding will be assessed on all the criteria except for ‘need for funding’. 136. Eligible Applications for Grant funding will be assessed first against the merit criterion at clause 134(a). Only applications that demonstrate a ‘need for funding’ may receive a merit ranking. a. Commercialisation Offices and Eligible Partner Entities are not required to satisfy the ‘need for funding’ criteria. 137. The merit criteria at clauses 134(b-f inclusive) are equally weighted. 138. In assessing the merit criteria, priority will be given through additional credit under clause 134(f) to those Applicants that have Eligible Projects within the Growth Sectors listed in clause 45(a-e). Assessment process and merit ranking 139. Only applications deemed eligible by the Programme Delegate under clauses 129–131 will proceed to the merit assessment stage. 140. Where an application is deemed to be an Eligible Application, the Programme Delegate: a. may seek advice from Commercialisation Advisers and/or departmental officers in conducting a merit assessment for Services applications; and b. may refer Grant applications to an advisory committee for merit assessment. i. the advisory committee will assess eligible Grant applications and provide a merit ranking advice to the Programme Delegate. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 25 Decision 141. The Programme Delegate may approve applications and enter into a Services Agreement or Funding Agreement with the Applicant. 142. Where merit rankings have been provided by an advisory committee to the Programme Delegate, he/she must take the merit rankings into account in deciding whether to approve an application. 143. The Programme Delegate must not approve an application for Grant funding if he/she reasonably considers that the application cannot be accommodated within the Programme Funds available for the financial years to which the application relates, following an assessment of: a. existing commitments of Programme Funds in the current financial year; b. existing commitments in future years; and c. Programme Funds currently available. 144. The Programme Delegate’s decision is otherwise final in all matters. Agreements 145. In addition to the requirements under Part 3 of the Programme Guidelines, the: a. Services Agreement must specify the type of support for the project to which the application relates, the timing, method and conditions of delivery of support; b. Funding Agreement must specify the type of support and any amount of Grant funding, for the Eligible Project to which the application relates, the timing, method and conditions of delivery of support and financial assistance; and c. must not be inconsistent with the laws or policies of the Commonwealth, a State or Territory or these Programme Guidelines. 146. For any Services Agreement or Funding Agreement, the Programme Delegate may include other matters considered necessary for the administration of Accelerating Commercialisation. Submission of a new application 147. The Programme Delegate may refuse to accept a new application if he/she deems that it is substantially the same as a previous ineligible or unsuccessful application. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 26 Programme Delegate 148. In addition to the matters specified at clauses 17 and 18 of the Programme Guidelines, the Programme Delegate: a. is responsible for: i. ensuring the overall efficient and effective administration of Accelerating Commercialisation; ii. determining the eligibility of applications for merit assessment; iii. entering into Services Agreements and Funding Agreements on behalf of the Commonwealth with Participants; iv. authorising payments of Grant funds by the Commonwealth to Participants; v. engaging private sector consultants as Commercialisation Advisers with appropriate skills and expertise in commercialisation to assist in the delivery of the Programme; vi. monitoring the performance of Commercialisation Advisers; vii. determining whether an entity qualifies as an Eligible Partner Entity and viii. engaging, to act as volunteer members of the Expert Network, experienced people able to offer knowledge, skills and insights to assist Participants to commercialise novel intellectual property in the form of new products, processes and/or services. b. may carry out other functions as authorised by the Minister. 149. The Programme Delegate may make a Customer Information Guide and amend them from time to time which may include: a. the indicators of merit for some or all of the merit criteria; b. the types of expenditure that are eligible and ineligible and when such Eligible Expenditure may be incurred; c. the scope of Eligible Projects and any exceptions of eligibility to avoid duplication with other government programmes; d. the general conditions an entity must satisfy in order to qualify as a Commercialisation Office or an Eligible Partner Entity; and Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 27 e. a definition of Government Grant Sources for the purposes of Accelerating Commercialisation. 150. The Programme Delegate may make other guidelines necessary for the benefit of potential applicants, participants and other interested parties. 151. The Programme Delegate may consider requests that extend the Eligible Project duration and/or Grant amount after a Participant has entered into an Agreement with the Commonwealth if the Programme Delegate reasonably considers the request: a. satisfies the conditions set out in clauses 63; b. the maximum project duration in clause 131(b) is not exceeded; and c. the maximum grant amount in clause 125 (d) is not exceeded. Advisory Committee 152. An advisory committee of up to five members appointed by the Minister will provide merit assessments and merit rankings (of referred applications) to the Programme Delegate in relation to Accelerating Commercialisation applications Commercialisation Advisers 153. The role of the Commercialisation Adviser may include, but is not limited to: a. providing guidance to Participants with respect to Accelerating Commercialisation; b. the assessment of applications; c. developing and maintaining links with the Industry Growth Centres; d. consulting with the relevant Industry Growth Centre on relevant applications and other matters as required; e. guiding and assisting Participants through the commercialisation process including facilitating access to expertise, specialist advice and professional networks; f. assisting Applicants in exploring alternative means of financing their project; and g. undertaking other activities agreed by the Commonwealth. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 28 Appendix 1: Definitions of Key Terms The following definitions apply for the purpose of interpreting these Programme Guidelines. It is not intended to be a substitution for the defined terms in any Funding Agreement. Accelerating Commercialisation The Programme Element described in Schedule C of these Programme Guidelines. Adviser Skilled adviser with private sector experience and access to an array of industry resources engaged by Industry Partners to assist in the delivery of Business Management and Research Connections. Advisory Committee The committee described in clause 152. Applicant An entity that submits an application for a Service or Grant under the Programme. Business Evaluation The activities described in clause 73(a) of Schedule A of these Programme Guidelines. Business Evaluation Report A report provided to the business at the completion of a Business Evaluation that documents the findings and recommendations. Business Growth Grant The activities described in clause 73(d) of Schedule A of these Programme Guidelines Business Growth Services The activities described in clause 73(c) of Schedule A of these Programme Guidelines Business Growth Services Gateway Assessment A process to assess whether an eligible business has sufficient growth potential and growth orientation to be considered as a High Growth Potential Business. Business Management The Programme Element described in Schedule A of these Programme Guidelines. Business Review Report A report provided to the business at the completion of a Business Review under the Enterprise Connect programme that documents the findings and recommendations. Commercialisation Adviser Skilled adviser with private sector experience and access to an array of industry resources engaged by the Commonwealth to assist in the delivery of Accelerating Commercialisation as described in clause 153 of Schedule C. Commercialisation Office An entity of a Publicly Funded Research Organisation that assists researchers in commercialising their intellectual property and is a corporation. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 29 Continuous Improvement Report A report provided to the business following the facilitation of services under the Enterprise Connect programme that documents the findings and the agreed prioritised action plan. Continuous Sustainable Improvement Plan A report provided to the business following the facilitation of services under the Enterprise Connect programme that documents the findings and the agreed prioritised action plan for continuous improvement. Customer Connections A Service provided under Supply Chain Facilitation which provides engagement events for small and medium businesses to connect with supply chain partners. Customer Information Guide A document that provides prospective Applicants with information on a Service or Grant including: what is provided within the Service or Grant; eligibility; how to apply; and the obligations of successful Applicants. Department The Commonwealth Department of Industry and Science. Entrepreneurs’ Infrastructure Programme The Programme in which a framework of elements are designed to support small and medium businesses to drive business growth and competitiveness. Element As defined in clause 2. Eligible Applicant An Applicant that meets the requirements of clauses 43 – 47, or clause 49 – 51 for Accelerating Commercialisation. Eligible Application An application that meets the requirements of clauses 54 – 55, or clauses 130 – 131 for Accelerating Commercialisation. Eligible Corporation A corporation incorporated under the Corporations Act 2001 (Cth) will be an ‘eligible corporation’ for the purposes of the Programme if its trading activities: a. form a sufficiently significant proportion of its overall activities as to merit it being described as a trading corporation; or b. are a substantial and not merely peripheral activity of the corporation. Eligible Expenditure Eligible Expenditure is restricted to expenditure incurred directly on the Eligible Project as detailed in the Funding Agreement. Detailed guidance on Eligible Expenditure is outlined in the Customer Information Guide. Eligible Partner Entity An entity that assists individuals in commercialising novel intellectual property and is an Eligible Corporation. Eligible Project A project which aims to commercialise novel intellectual property in the form of new products, processes and/or services. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 30 Extended Engagement A period of up to two years over which the Business Growth Services will be provided. Expert Network A network of experienced people able to offer knowledge, skills and insights on an honorary basis to commercialise novel intellectual property in the form of new products, processes and/or services. Facilitator An industry skilled professional who works with business, and are engaged by Industry Partners to provide practical advice and then facilitate access to the most appropriate research, knowledge or technical expertise under Business Management and Research Connections. Funding Agreement A legally binding contract between the Commonwealth and a Recipient. GST Has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999. Unless otherwise stated, amounts are GST exclusive. Government Grant Sources Sources that include, but are not limited to, grants from federal, state, local and international government programmes. Grant The funds provided by the Commonwealth to the Recipient as set out in a Funding Agreement under the Programme. Growth Plan A report provided to the business following the facilitation of Business Growth Services that documents the findings and the agreed prioritised action plan for growth. Growth Sectors Advanced Manufacturing; Food and Agribusiness; Medical Technologies and Pharmaceuticals; Mining Equipment, Technology and Services; and Oil, Gas and Energy Resources. Detailed guidance on the Growth Sectors is outlined in the Customer Information Guides. High Growth Potential Business A business that has the demonstrated appetite and opportunity for rapid growth which benefits the economy through increased revenue and jobs, as assessed during the Business Growth Services Gateway Assessment. Industry Growth Centre A not for profit organisation operating in one of the five Growth Sectors funded by the government. Industry Partner An organisation engaged by the Commonwealth under a contract for services to deliver Services under Business Management and Research Connections. Information Service A Service under Supply Chain Facilitation that provides information to raise small and medium business’ awareness of specific supply chain opportunities and tendering requirements and processes. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 31 Minister The Minister with portfolio responsibility for the Programme. Overarching Programme Delegate An employee of the Department, who has been empowered by the Minister or otherwise duly authorised person to administer the Programme. This employee will have seniority over the Programme Delegates. Participant An Eligible Applicant whose Eligible Application has been approved in accordance with these Guidelines. Portfolio An aggregation of Accelerating Commercialisation Participants brought together for global visibility to investors, other entrepreneurs, domain experts, supply chains and strategic corporations. Programme The Entrepreneurs’ Infrastructure Programme. Programme Delegate An employee of the Department, who has been empowered by the Minister or otherwise duly authorised person to administer the Programme. Programme Funds or Programme Funding The funding made available by the Commonwealth for Accelerating Commercialisation in any given financial year, being the funding specified in the Portfolio Budget Statement (as varied by any Portfolio Additional Estimates Statement or by the Minister) for that year. Programme Guidelines The Entrepreneurs’ Infrastructure Programme Programme Guidelines issued by the Commonwealth, and as amended by the Commonwealth from time to time. Publicly Funded Research Organisation All higher education providers listed at Table A and Table B of the Higher Education Support Act 2003 as well as Australian Government departments or agencies which undertake publicly funded research. This includes, but is not limited to, Commonwealth Scientific and Industrial Research Organisation, Defence Science and Technology Organisation, Australian Institute of Marine Science and Australian Nuclear Science and Technology Organisation. Related Body Corporate Has the same meaning as in section 50 of the Corporations Act 2001 (Cth) Remote Australia As defined by the Australian Bureau of Statistics Remoteness Classification 2006, see the ABS Remoteness Structure for more information. Research Connections The Programme element described in Schedule B of these Programme Guidelines. Researcher An employee of a Publicly Funded Research Organisation employed as a researcher or enrolled as a Higher Degree by Research student. Schedule Any schedule of these Programme Guidelines. Sector A group of organisations undertaking economic activities similar with the Division level of the Australian and New Zealand Standard Industrial Classification 2006. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 32 Services Includes the services and activities described in any Schedule. Services Agreement An agreement entered into by a Participant and the Commonwealth in relation to Service under the Accelerating Commercialisation (excluding Funding Agreements). Solvent The business is able to pay all debts when they fall due for payment. Supply Chain Facilitation The activities described in clause 73(b) of Schedule A of these Programme Guidelines Supplier Improvement Plan A tailored plan for individual small and medium businesses receiving Supply Chain Facilitation that identifies and addresses key capability and skills gaps and provides a series of practical recommendations to help improve access to domestic and international supply chains. In these Guidelines: 'may' is permissive and not mandatory; a reference to the singular includes the plural and vice versa; and if a word or phrase is defined its other grammatical forms have corresponding meanings. Entrepreneurs’ Infrastructure Programme Guidelines: January 2015 33