On 16 June 2013, the former Minister for Home Affairs and Minister for Justice, the Hon Mr Jason Clare MP announced the intention to introduce legislation that would implement a “reverse onus of proof” scheme for importation of synthetic drugs. The Attorney General’s Department was required to prepare a Regulation Impact Statement (RIS) prior to this announcement in order to examine the impacts of the proposal on legitimate importers. As a RIS was not prepared the Office of Best Practice Regulation assessed the Attorney General’s Department as non‑compliant with the Australian Government’s best practice regulation requirements (June 2010 version). The announcement was identified as part of the end of financial year compliance checking process for the preparation of the Best Practice Regulation Report 2012-13.
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
The Australian Government proposes to make changes to the regulation of registered organisations. These changes are a specific election commitment of the Government. Registered organisations are those employer and employee associations that are registered under the Fair Work (Registered Organisations) Act 2009 (RO Act). Associations that become registered organisations can access privileges and rights under the RO Act and Fair Work Act 2009 that allow them to represent the interests of their members in workplace matters, for example by
On 30 October 2013, Safe Work Australia released a Consultation Regulation Impact Statement examining measures to manage work safety risks in stevedoring. Safe Work Australia is seeking to address poor safety performance in the stevedoring industry demonstrated by the high rate of fatalities and serious injuries relative to other industries. Problems that may be contributing to poor safety performance include:
On 15 October 2013, the Prime Minister and the Environment Minister released for public consideration draft legislation repealing the carbon tax. The repeal is a specific election commitment of the Government. The carbon tax is directly applied to a limited range of inputs, and is paid by a relatively small number of businesses or ‘liable entities’. The carbon tax directly increases the cost of: electricity and gas; managing landfill and wastewater; liquid fuels for off-road use; synthetic greenhouse gases. However, because these products and services are inputs to a wide range of other processes through the economy, the price of many other goods and services are indirectly increased as a result of the tax. The repeal of the carbon tax is likely to have two main effects:
On 11 October 2013, ABARES published a Consultation Regulation Impact Statement (RIS) on potential changes to improve the National Livestock Identification System (NLIS) for sheep and goats. The consultation RIS notes that NLIS for sheep and goats currently does not enable tracing of animals to the standards required under the National Livestock Traceability Performance Standards. Accurate and timely livestock traceability is important for managing biosecurity, food safety, and animal welfare risks. The consultation RIS seeks feedback on the identified options for improving the NLIS, the proposed method for economic analysis and other aspects of the document.
On 4 September 2013, the Australian Communications and Media Authority (ACMA) tabled (see also here) legislation altering the formula behind the annual numbering charge (ANC) – a per number levy which telecommunications firms that hold phone numbers are required to pay. The changes exempt four types of short-digit access codes from the ANC. The Regulation Impact Statement (RIS) notes that the previous charges levied on the specific short-digit access codes acted as a potential barrier to entry. Exempting these access codes from the ANC may allow greater opportunities for new and smaller firms to enter and fully participate in the telecommunications market, which is likely to benefit consumers.
On 6 September 2013, the Private Health Insurance Administration Council (PHIAC) made changes to the Capital Adequacy and Solvency Standards for private health insurers. The Capital Adequacy and Solvency Standards ensure that as far as practicable, the financial position of a health benefits fund conducted by a private health insurer is such that the private health insurer will be able to meet its liabilities, and carry enough capital for the conduct of the fund in the accordance with the Private Health Insurance Act 2007 (Cth), and in the interests of the policy holders of the health benefits fund.
On 18 September 2013, the Australian Fisheries Management Authority (AFMA) registered a continuation of an area closure, aimed at protecting dolphins in the Southern and Eastern Scalefish and Shark Fishery. The closure prohibits fishing by gillnets, in an area of the fishery off the South Australian coast, for a period of one year. Other measures will also be put in place, most notably 100 per cent monitoring requirements in areas adjacent to the closure, and allowing the use the hook fishing. The proposal has been assessed by the Office of Best Practice Regulation (OBPR) as likely to have relatively minor impacts on the broader economy and has therefore given this a ‘D’ rating (on a scale of A to D) in relation to the level of analysis required. The Regulation Impact Statement (RIS) looked at three options, and recommended the regulatory option.
On 18 September 2013, the Government issued its Administrative Arrangement Orders (AAOs), which took effect immediately. As part of the AAOs, portfolio responsibility for deregulation matters and the OBPR moved from the Department of Finance and Deregulation to the Department of the Prime Minister and Cabinet. The OBPR in due course will provide information on our new email and website addresses. In the meantime, please continue to use http://ris.finance.gov.au.
On 13 August 2013, the former Minister for Road Safety tabled new legislation requiring the installation of ABS in new heavy commercial vehicles. ABS is a technology that prevents wheels from locking when a vehicle is overbraked and increases the safety of a vehicle. It is an advanced technology that is already used by a significant portion of the commercial heavy vehicle fleet. The Regulation Impact Statement (RIS) notes the considerable cost of road crashes on Australian society. It considers four options: the status quo; deleting the relevant Australian Design Rules; non-regulatory options; and the preferred option of mandating ABS installation. Overall, the RIS concludes that, due to the advanced nature of the technology, there is effectively a small positive net benefit to the community for each additional heavy vehicle fitted with ABS even as the voluntary fitment rate approaches 100 per cent.