Published Impact Analyses

On 21 May 2012, the Civil Aviation Safety Authority announced amendments to Civil Aviation Orders CAOs 40.1.0, 40.3.0 and 82.0 to mandate the use of simulators for endorsement and proficiency check training in certain types of aircraft. This is in response to recent aircraft accidents including a fatal incident which occurred when an aircraft crashed shortly after takeoff on a training flight. In total, the amendments include three measures for endorsement training and two measures for proficiency training.  Simulator use has not been mandated for proficiency checks for aircraft with a Maximum Takeoff Weight above 8,618kg. The Regulation Impact Statement was prepared by the Civil Aviation Safety Authority and has been assessed as adequate by the Office of Best Practice Regulation.

In November 2011, the Standing Council on Transport and Infrastructure (SCOTI) approved legislation to introduce National Rail Safety Laws and to establish a single National Rail Safety Regulator for Australia. The National Rail Safety Law included requirements relating to fatigue risk management. At the time, it was determined that the issue of whether the National Law should further regulate hours of work and rest for rail safety workers required further consideration. On 18 May 2012, SCOTI announced that in all states and territories hours of work and rest will be regulated under the existing framework of the National Law, although New South Wales will retain its current prescribed train driver hour limits. A further review of fatigue arrangements will be undertaken by the National Rail Safety Regulator within three years of the commencement date of the National Regulator.

On 8 May 2012, the Department of Infrastructure and Transport tabled an amendment to Australian Design Rule 34/01 – Child Restraint Anchorages and Child Restraint Anchor Fittings. The updated standard will allow expanded choice for consumers by facilitating the use of ISOFIX universal type child restraints in Australia, pending other necessary regulatory amendments. A Regulation Impact Statement was prepared by the Department of Infrastructure and Transport and was assessed as adequate by the Office of Best Practice Regulation.

On 22 May 2012, the Australian Meat and Live-stock Industry (High Quality Beef Export to the European Union) Order 2012 was registered on Comlaw. An independent review of the quota scheme was undertaken in 2011 and concluded that while industry broadly supported the current arrangements, there was scope for further improvement. The administrative amendments are expected to deliver more efficient and effective management of the European Union High Quality Beef quota by minimising barriers to exporting and reward market development in the export industry, including for new entrants. The amended order includes changes relating to smoothing allocation fluctuations and rewarding consistency in performance, limiting third party trading of quota, more effective recall of unused quota, introducing penalties for hoarding quota and ensuring the commercial viability of small allocations.

In the 2012-13 Budget, released on 8 May 2012, the Australian Government announced it will tighten the provisions for Medicare-funded diagnostic radiology services.  The change will narrow eligibility for Medicare benefits for the performance of diagnostic imaging procedures to medical practitioners, qualified dental practitioners and radiographers for all Medicare Benefits Schedule listed services, apart from mammography. The change is to commence from 1 November 2012. As the change was identified to be for the purpose of improving service quality, a Regulation Impact Statement was required to be prepared under the Australian Government’s best practice regulation requirements. The Prime Minister granted an exemption from the Regulation Impact Statement requirements on the basis of exceptional circumstances for the changes.

The Treasurer announced as part of the Budget on 8 May 2012 that the Government would reduce the inbound duty free allowance for cigarettes and tobacco for international travellers aged 18 years and over to 50 cigarettes or 50 grams of tobacco, effective from 1 September 2012. Currently, when arriving in Australia, international travellers aged 18 years and over are able to bring in up to 250 cigarettes or 250 grams of tobacco free of duty. A Regulation Impact Statement was required for this proposal but the Prime Minister granted an exemption on the basis of exceptional circumstances.  A post-implementation review will be required within 1 to 2 years of its implementation.

On 23 November 2011, the Minister for Agriculture, Fisheries and Forestry announced that the Australian Government will introduce legislation prohibiting the importation and sale of illegally logged timber in Australia which has been estimated to cost $60 billion each year in environmental and social costs internationally. An initial Regulation Impact Statement (RIS) was assessed as adequate by the Office of Best Practice Regulation (OBPR) in May 2010 and published by the Department of Agriculture, Fisheries and Forestry (DAFF) in December 2010.  Following examination of the Bill and public inquiry by the Senate Standing Committee on Rural Affairs and Transport in mid 2011, the RIS was revised in November 2011. The addendum to the RIS took into account regulatory recommendations from the Senate inquiry and the Government response.

From late 2007, there was an increase in the number of incidents involving laser pointers being directed at aircraft and endangering the safety of the crew and passengers. On 1 July 2008, hand held laser pointers with an accessible emission level above 1 milliwatt were added to the Customs (Prohibited Imports) Regulations) 1956 (the PI Regulations) in an attempt to reduce the incidents involving laser pointers. The effect of this control is that laser pointers are now treated as a weapon as prescribed in PI Regulations. A Regulation Impact Statement (RIS) was required for the decision to restrict the importation of hand held laser pointers but was not prepared. As a result, a Post-implementation Review (PIR) was required. The PIR concluded that the reported laser light incidents since the regulation was introduced indicate that there has not been a significant reduction in the number of incidents occurring.

On 13 April 2012, the Council of Australian Governments (COAG) announced a set of reforms to the national training system. The reforms were set out in a revised National Agreement for Skills and Workforce Development and a new National Partnership Agreement on Skills Reform (NP). The NP makes a number of regulatory decisions in relation to data collection and the quality of Vocational Education and Training (VET) teaching and training. The COAG best practice regulation requirements apply to decisions by COAG, ministerial councils or other bodies where there is a reasonable expectation of widespread compliance. Under the COAG requirements a Regulation Impact Statement (RIS) is prepared for the consultation stage and for the decision stage.

On 8 May 2012, the Treasurer announced, as part of the Budget, that it will provide tax relief for companies by allowing them to carry-back tax losses so they receive a refund against tax previously paid. This decision aims to boost productivity by helping business invest, innovate and take sensible risks by decreasing the tax bias against riskier projects. It will allow companies (and those entities taxed like companies) to carry back up to $1 million of (revenue) losses each year. Companies will be able to access a one year loss carry-back in 2012-13 (i.e. accessing tax paid in 2011-12), increasing to a two year loss carry-back from 2013-14. This will provide a cash benefit of up to $300,000 a year. A Regulation Impact Statement was prepared by the Treasury and assessed as adequate by the Office of Best Practice Regulation.