On 9 August 2013, the Australian Communications and Media Authority (ACMA) announced that the Department of Broadband, Communications and the Digital Economy (DBCDE) made changes to the Radiocommunications Regulations 1993 to restrict the supply of mobile repeaters. A cellular mobile repeater is a wireless radiocommunications device that repeats mobile network signals. It can receive, amplify and retransmit these signals in order to improve mobile phone reception within a small area. Repeaters can be used to extend signal coverage into areas where coverage may not exist or is too low and their unauthorised use has the potential to cause interference. The new regulation prohibits the supply of cellular mobile repeaters to persons other than a licensee or a person authorised in writing by the licensee.
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 Securities and Investments Commission (ASIC) has released its market integrity rules on crossing systems, dark liquidity and high-frequency trading. These rules build on a previous announcement by the Minister for Financial Services and Superannuation.
On 3 August 2013 further reforms were announced to the native title system. The reforms are based on the recommendations of the Working Group on Taxation of Native Title and Traditional Owner Benefits and Governance. The Working Group was established to examine existing arrangements for holding, managing and distributing land-related payments, and to identify options to strengthen governance and promote sustainability. The recommendations by the Working Group included:
On 14 June 2013, the Standing Council on Health (SCoH) made an in-principle decision to strengthen state and territory health complaints mechanisms relating to those health practitioners for whom statutory registration is not a prerequisite for practice. This is to be implemented through:
Energy network pricing decisions are primarily made by the Australian Energy Regulator (AER). The AER considers the network provider’s operating and capital expenses and commercial returns, and uses these to forecast the network provider’s revenue requirements. This pricing determination has a significant influence on the network tariff charged through retailers to consumers. Network pricing decisions are reviewable by the Australian Competition Tribunal, under what is termed a Limited Merits Review Regime. In 2012, an independent panel commissioned by the Standing Council on Energy and Resources (SCER) reviewed the regime and found that it was overly legalistic in its approach; that the review framework was not structured to take account of the views of all relevant stakeholders; and incentives were skewed in favour of network tariff increases.
Post-implementation Review – Treasury
On 1 August 2013, the Department of Health and Ageing announced changes to premarket assessment requirements for medical devices. A medical device must be included in the Australian Register of Therapeutic Goods (ARTG) prior to supply in Australia. An application to include a medical device in the ARTG may only be made once a conformity assessment certificate is issued by a conformity assessment body. Concerns have been raised regarding the use of third party conformity assessment bodies, the need for an increased level of premarket scrutiny of higher risk medical devices and the transparency of the Therapeutic Goods Administration’s (TGA) decision making processes. The proposal addresses these concerns by:
On 19 July 2013, the Equipment Energy Efficiency Committee released a Consultation Regulation Impact Statement (RIS) which explores options for improving the energy efficiency of air source heat pump water heaters in Australia and New Zealand. Potential problems in the water heater market include lack of information as well as split incentives, in which there is conflict between the interests of householders and intermediaries such as builders and plumbers. Such market failures can result in sub-optimal purchasing decisions in some instances. The proposal is part of a broader strategy for making the market for hot water appliances more energy efficient, as outlined in the National Strategy on Energy Efficiency. The four options examined in the RIS are:
On 25 July 2013, the Minister for Education made the Australian Education Regulation 2013 to prescribe a range of matters relating to Commonwealth financial assistance for schools, including the conditions placed on that financial assistance. The reforms include requirements to prepare implementation plans and school improvement plans, as well as to put in place processes and procedures for enhancing principal and teacher performance and professional development. A Regulation Impact Statement was required to be prepared for final decision on the regulation but was not completed and assessed as adequate by the Office of Best Practice Regulation (OBPR). The OBPR has therefore assessed DEEWR as non-compliant with the Australian Government’s best practice regulation requirements.
Australia’s gas market is experiencing structural change in terms of domestic production, consumption and trade. These changes are being driven by factors including expansion of liquefied natural gas (LNG) export capacity, growth of the east coast coal seam gas (CSG) industry and the expected increase in the use of gas as a low-carbon fuel. The development of large CSG-LNG reserves in Queensland is likely to involve significant expansion in production capacity.