Glossary

Industry Innovation and Science Australia: the board behind R&D findings

Industry Innovation and Science Australia (IISA) is the independent statutory board that, under the Industry Research and Development Act 1986, registers R&D activities and makes findings on whether they are core or supporting R&D. AusIndustry staff exercise those powers as its delegates, and a finding made in time binds the ATO.

Reviewed by George WalchFacts last verified

Example

For example, an illustrative company receives a finding that one of its registered activities was not a core R&D activity. Within 28 days it applies for internal review with its experiment records. Having heard nothing after 90 days, it treats the finding as confirmed and applies to the Administrative Review Tribunal, the body that replaced the AAT in October 2024.

Legislative reference: Sections 6, 21, 22A, 27A, 28A and 30D, Industry Research and Development Act 1986; section 355-705, Income Tax Assessment Act 1997

Related terms: registration, advance finding, overseas finding, clinical trials determination, rsp, self assessment

Most claimants only ever deal with AusIndustry. In law, though, the decisions belong to a board, Industry Innovation and Science Australia, and that shapes how findings work and how to challenge them.

What IISA decides

Under Part III of the Industry Research and Development Act 1986, IISA:

  • registers companies for core and supporting activities each year (section 27A);
  • makes findings about applications and registrations (sections 27B and 27J);
  • makes advance findings (section 28A) and overseas findings (section 28C);
  • registers Research Service Providers (section 29A);
  • issues determinations on how it uses its powers (section 31D), such as the Clinical Trials Determination 2022.

The board describes itself as entrepreneurs, investors, researchers and educators, and it oversees programs through committees. Day to day, its powers pass by delegation, first to a committee or staff (section 21) and from a committee to staff (section 22A). That is how AusIndustry officers come to make the decisions.

Why the name matters

Earlier names were Innovation Australia and then Innovation and Science Australia; the current name dates from a 2021 amendment to section 6, which continued the same body under the new name. Decisions made under the older names are therefore the same body's decisions, which matters when reading older tribunal cases such as JLSP and Innovation Australia in 2016.

How its findings affect your claim

A finding about a registration made within 4 years after the end of the income year binds the ATO for that year's assessment. A registration on its own is not a finding. Reviewable decisions go first to internal review, requested within 28 days and deemed to confirm the decision if not decided within 90 days, then to the Administrative Review Tribunal. Body by Michael [2025] ARTA 44, the Tribunal's first R&D Tax Incentive decision, was a review of an IISA decision.

Frequently asked questions

Is IISA the same as AusIndustry?
No. IISA is the statutory board that holds the powers. AusIndustry is the part of the Department of Industry, Science and Resources whose staff exercise them under delegation and run the customer portal. Letters and findings you receive come from AusIndustry on IISA's behalf.
How do we challenge an IISA finding?
Apply for internal review within 28 days of being notified of the decision (an extension can be requested). If IISA does not decide within 90 days of receiving the application, the original decision is treated as confirmed, and either outcome can then go to the Administrative Review Tribunal for merits review.

Sources

  1. Industry Research and Development Act 1986 (Federal Register of Legislation)
  2. Department of Industry, Science and Resources, Industry Innovation and Science Australia
  3. AusIndustry (business.gov.au), Decisions we make about R&D Tax Incentive applications
  4. Income Tax Assessment Act 1997, s 355-705 (Federal Register of Legislation)

The R&D Tax Incentive is a self-assessment program. This page is general information, not tax, legal or financial advice; eligibility depends on your circumstances and you should seek independent advice for them.