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Qantas Sale Amendment Act 2014 – Post Implementation Review

Announcement date 
6 March 2014 

Link to announcement  
http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5187  

On 6 March 2014 the Qantas Sale Amendment Bill 2014 was introduced into Parliament. The purpose of the Bill was to amend the Qantas Sale Act 1992 (‘the Act’) to remove the foreign ownership and other restrictions that apply to Qantas but do not apply to other airlines based in Australia. The Bill also amended the Air Navigation Act 1920 to allow Qantas to be included in the definition of an Australian international airline, meaning that Qantas would be subject to the same regulatory framework, including foreign ownership limits, as other ‘Australian international airlines’.  

The Prime Minister granted an exemption from the Regulation Impact Statement (RIS) requirements (Prime Minister’s exemption – Qantas Sale Amendment Bill 2014) because urgent and unforeseen events arose, requiring a decision before an adequate RIS could be prepared. A post implementation review (PIR) was required to be completed within two years of implementation of the proposed changes.  

A PIR was prepared by the Department of Infrastructure, Transport, Regional Development, Communications, Sport, and the Arts in 2017. The PIR considered the amendments contained within the Qantas Sale Amendment Act 2014 being the removal of Qantas’ 35% and 25% foreign ownership restrictions. The PIR also considered the implementation of these changes and evaluated whether they were of overall benefit. 

Assessment comments 

Since 1 July 2023, responsibility for Australian Government evaluation processes rests with the Australian Centre for Evaluation (ACE). ACE’s assessment of the PIR is that it contains an adequate level of analysis to inform the decision-maker on the efficiency and effectiveness of the regulation. As per the Government’s Policy Impact Analysis requirements, publication is required on the Department of the Prime Minister and Cabinet’s website.