On 14 June 2013, the Legislative and Governance Forum on Food Regulation (‘the Forum’) announced the implementation of a front-of-pack labelling system for Australia. The decision involved a number of proposals in relation to front-of-pack labelling, including the introduction of a ‘Health Star Rating’ system to be applied to foods as well as requiring nutrient information icons on foods. The implementation option chosen was a voluntary system. If, following evaluation after two years, a voluntary implementation is found to be unsuccessful a mandatory approach will be introduced. The Council of Australian Governments’ (COAG) best practice regulation requirements apply to decisions by ministerial councils or other bodies where there is a reasonable expectation of widespread compliance.
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
On 17 June 2013, the Department of Health and Ageing made regulations to adopt the Sunscreen Standard 2604:2012 for cosmetic sunscreen products. The change will be introduced with a five-year transition period, during which cosmetic sunscreen products can conform to either the previous 1998 Sunscreen Standard or the revised 2012 Sunscreen Standard, and after which products must conform to 2012 Sunscreen Standard. The new Sunscreen Standard allows cosmetic sunscreen products to be labelled with a Sun Protection Factor (SPF) rating of up to SPF 50+ compared with the previous limit of SPF 30+. The new Sunscreen Standard also sets more stringent requirements for broad spectrum performance and makes these mandatory for skin care products.
In June 2013, Safe Work Australia released a Consultation Regulation Impact Statement (RIS) seeking stakeholder feedback on options for preventing and responding to workplace bullying. The consultation RIS suggests that there are still concerns with the way workplace bullying is dealt with by businesses. In particular, there are concerns with the quality of implementation of risk management processes by businesses, which vary depending on the jurisdiction, as well as concerns with the uptake of existing provisions. Therefore, the RIS proposes three options, apart from the status quo, which are:
On 12 May 2009, the Minister for Immigration and Citizenship announced that a ‘job readiness test’ (to be known as the Job Ready Program) would be introduced to complement existing testing requirements for applicants under Australia’s skilled migration program. The introduction of the Job Ready Program was part of a suite of changes aimed at addressing issues such as the mismatch between the skills claimed by international students applying for permanent residency and the actual occupations they worked in. The Job Ready Program introduced a requirement that meant international students who completed a trade course must have undertaken 12 months paid employment in the same skill area as they studied before they could obtain permanent residency through Australia’s skilled migration intake.
On 30 May 2013 the Minister for Immigration and Citizenship announced changes to regulate foreign workers who are employed in certain offshore resources activities. The changes deem these workers to be in the migration zone. This has the effect of requiring them to hold a visa under the Migration Act 1958 (the Migration Act). Prior to these changes non-citizens working on fixed platforms, such as oil rigs, or certain vessels which were attached to the seabed were required to hold a visa. However, non-citizens working on other vessels or floating facilities, which were not attached to the seabed, were not within the migration zone and therefore did not require a visa. This was highlighted by a 2012 Federal Court decision which found that workers on board the Allseas Construction pipe-laying vessels did not require a visa.
On 6 June 2013 the Australian Government introduced legislation which places new positive obligations on prospective 457 visa sponsors to undertake labour market testing. Labour market testing refers to testing the Australian labour market to demonstrate whether a suitably qualified and experienced Australian citizen or Australian permanent resident is readily available to fill the position. Prospective sponsors are also required to provide the evidence for labour market testing which is to accompany an application for a visa sponsorship nomination. A Regulation Impact Statement was required for these regulatory measures but the Prime Minister granted an exemption on the basis of exceptional circumstances. The Department of Immigration and Citizenship will be required to undertake a post-implementation review within 1 to 2 years of implementation of the changes.
Computer monitors account for around one quarter of the total energy use of computers. However, some computer monitors have not exhibited the general market trend towards greater energy efficiency. This may be attributable to a lack of consumer information on the relative energy efficiency of computer monitors, which in turn weakens supplier incentives to supply more efficient products. The potential energy savings resulting from more efficient computer monitors are relatively minor at an individual level, however due to the size of the market the aggregate savings are likely to be substantial. On 22 March 2013, the COAG Select Council on Climate Change announced new energy efficiency regulations under the Greenhouse and Energy Minimum Standards Act 2012.
Attorney-General’s Department
On 30 May 2013, the Minister for Climate Change, Industry and Innovation Greg Combet introduced the Intellectual Property Laws Amendment Bill 2013, which includes amendments to the Crown Use provisions. Crown use provisions allow governments to access patented inventions under specific circumstances. A recent Productivity Commission Inquiry into Compulsory Licensing of Patents found that there was significant uncertainty around the use of Crown use provisions. It was found that the scope of the types of entities that can actually make use of the Crown use provisions is unclear, particularly in the healthcare field, and there is a lack of transparency and accountability associated with the Crown use provisions. The proposed amendments:
On 28 May 2013, the Attorney‑General announced that organisations will be required to notify individuals of a data breach where they face a real risk of serious harm. Currently organisations are encouraged to disclose data breaches voluntarily. Data breaches can result in financial loss and impose psychological damage on individuals. There is also general evidence that data breaches internationally are increasing. Depending on the current level of under reporting of data breaches, mandatory disclosure may help more individuals take steps to mitigate against the possibility of financial loss from identity theft. It is also intended that mandatory disclosure of data breaches will promote better behaviour in relation to security of personal information and compliance with other privacy obligations.