On 30 November 2012, the Minister for Broadband, Communications and the Digital Economy announced a series of initial reforms in relation to the Convergence Review. These reforms included the following regulatory announcements:
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
On 7 December 2012, the Australian and New Zealand ministers responsible for the regulation of food agreed to enact new laws requiring the country of origin to be displayed on unpackaged beef, lamb and poultry to address consumer interest in this information. A business will be able to comply with the new requirements by displaying a single sign for Australian products while imported product will be specifically labelled with the country of origin. Some consumers may benefit from these new arrangements where they want to know the source of their meat, however the benefits are not expected to be large given most imported meat is currently labelled. The cost to business from this requirement is also expected to be low, given high levels of voluntary compliance and the low cost of labelling.
On 7 December 2012, the Australian and New Zealand ministers responsible for the regulation of food agreed to enact new laws in early 2013 that regulate the way food nutrition and health related claims can be made. The new laws set standards for the use of the nutritional content claims (e.g. ‘low fat’) and health claims (e.g. ‘contains calcium for healthy bones’). General level health claims (e.g. ‘calcium is good for strong bones’) can be supported by either pre-approved or industry self-substantiated food health relationships. High level health claims (e.g. ‘calcium reduces the risk of osteoporosis’) will require pre-approval by Food Standards Australia New Zealand (FSANZ).
On 28 November 2012, the Biosecurity Bill 2012 was introduced into the Senate. The Biosecurity Bill will replace the century-old Quarantine Act 1908 to provide the primary legislative means for the Australian Government to manage the risk of pests and diseases entering Australian territory and causing harm to animal, plant and human health, the environment and the economy. The Biosecurity Bill 2012 is a framework that creates a responsive and flexible operating environment for the Australian Government to make biosecurity risk management decisions, based on science and evidence. The Bill includes mechanisms to more clearly identify risks offshore, at the border and onshore.
On 4 December 2012, the Minister for Industry and Innovation announced changes to Australia’s anti‑dumping regime. The key regulatory change is that the lesser duty rule need not apply under some circumstances when determining the size of the dumping duty to impose on an importer. This may result in shorter investigation times, but will also mean that higher dumping duties may be payable by importers. The other major regulatory change is that importers who are under investigation for dumping will be required to declare whether or not a good they are importing has been dumped (subsidised). The effect of this will be that the importer will be required to investigate their supplier for evidence if the good has been subsidised, which potentially may reveal information of value to an investigation.
Council of Australian Governments Consultation Regulation Impact Statement
The Office of Best Practice Regulation (OBPR) is responsible for advising Australian Government agencies on whether Regulation Impact Statements (RIS) are required. To assist in improving the efficiency of this process the OBPR often grants carve-outs. In September 2012, the OBPR published a carve-out guidance note to increase the understanding of the process, in particular the criteria used by the OBPR to grant a carve-out and potential proposals which may be granted a carve-out. The OBPR also published a list of carve-outs that had been granted to help identify possible areas for agencies to request a carve-out and to make the initiative transparent for all stakeholders. The list has now been updated to reflect new carve-outs that have been granted since the list was published. If you have any questions about the revised list of carve-outs, please contact the OBPR.
Financial Market Infrastructures include systemically important payment systems, central securities depositories, securities settlement systems, central counterparties and trade repositories. These entities are seen as having an increasingly important and expanding role in the financial system. At the international level, risk management principles for these entities are developed jointly by the Committee on Payment and Settlement Systems (CPSS) and the International Organisation of Securities Commissions (IOSCO). Based on these principles, the Reserve Bank of Australia (RBA) develops Financial Stability Standards for central counterparties (CCPs) and securities settlement facilities (SSFs) operating in Australia. These standards have been in place since 2003 and broadly require that CCPs and SSFs conduct their affairs in a prudent manner, so as to contribute to the overall stability of the Australian financial system.
The current regulatory framework for debit card interchange fees and access arrangements has been in place since 2006, and covers both the EFTPOS and international debit card schemes. Since that time, there have been some developments in relation to the EFTPOS system, including:
Most goods imported into Australia that are valued at $1000 or less (low value parcels) are not currently subject to GST. These arrangements are aimed at reducing compliance and administrative costs. However, this ‘low value threshold’ also means that significant GST revenue is foregone; and that Australian suppliers of goods are placed at a competitive disadvantage. In 2011, the Productivity Commission found that there was in-principle justification for reducing the threshold on the basis of tax neutrality but significant cost reductions in parcel processing would need to be achieved if a reduction in the GST threshold was to be feasible. The Low Value Parcel Processing Taskforce (the Taskforce) examined options to improve the efficiency of importation and handling procedures for low value parcels.