Published Impact Analyses

On 21 April 2011 the Government released draft regulations extending the Energy Efficiency Opportunities program to electricity generators. This program requires large users of energy to identify and publicly report on potential projects to improve their energy efficiency, and relates to the Cleaner Future for Power Stations election commitment. A Regulation Impact Statement (RIS) was prepared for the Government’s decision to release these regulations. The RIS was assessed as adequate by the Office of Best Practice Regulation.

On 11 May 2011, as part of the 2011-12 Budget, the Australian Government announced reforms to the Marriage Celebrants Program. The Marriage Celebrants program provides couples who do not wish to have a religious marriage ceremony with an alternative to a registry wedding. The primary objective of the reforms was to improve compliance and professionalism by marriage celebrants. The reforms included the imposition of a cost recovery fee on marriage celebrants to contribute to the administration of the program. Given the estimated size of the fee and the number of part-time marriage celebrants, the establishment of the cost recovery fee was considered to have more than a minor regulatory impact on the marriage celebrants’ industry and so required a Regulation Impact Statement.

On 24 March 2011, the Treasurer announced the introduction of legislation to Parliament dealing with the regulation of credit card providers, in the National Consumer Credit Protection Amendment (Home Loans and Credit Cards) Bill 2011. This implements the Fairer, Simpler Banking election commitment announced during the 2010 election. Under this proposal, credit card providers will be expected to meet additional obligations, including:

On 10 May 2011, the Treasurer announced a reform designed to encourage private investment in infrastructure, as part of a suite of reforms targeted at strengthening Australia’s infrastructure framework. Under this proposal, losses generated by certain infrastructure projects will be exempt from the Continuity of Ownership Test and the Same Business Test. Any prior year losses can also be adjusted in line with the government bond rate. These tax incentive measures for investment will be supported up to a cap of $25 billion worth of value in projects, and only in relation to projects that are designated on Infrastructure Australia’s National Priority List as ‘ready to proceed’ or ‘threshold’.

On 6 May 2011, the Australia and New Zealand Food Regulation Ministerial Council (the Ministerial Council) approved a new policy guideline on the Regulation of Infant Formula Products.  This guideline requires a pre-market assessment by Food Standards Australia New Zealand of all substances proposed for use in infant formula that do not have a history of safe use in these products.  A pre-market assessment includes the requirement to substantiate the role of the substance in normal infant growth and development.  The revised guideline was developed following a public consultation process.   The Food Regulation Standing Committee prepared a decision making RIS that was provided to the Ministerial Council when considering the policy guideline.  The RIS was assessed as adequate by the Office of Best Practice Regulation.

On 10 May 2011, the Assistant Treasurer announced the establishment of the Australian Charities and Not-for-profits Commission (ACNC). This follows on from the consultation paper released in January 2011, as well as various reviews into the operation of the sector – including the report on Australia’s Future Tax System in 2009 and the Productivity Commission’s report on Contribution of the Not-for-profit sector in 2010. The ACNC, as a statutory office, will be responsible for determining the legal status of groups seeking charitable, public benevolent institution and other NFP benefits.

On 29 April 2011, the Australian Securities and Investments Commission (ASIC) announced the exchange market integrity rules. This follows the Australian Government’s announcement in March 2010 of its support for competition between exchange markets for trading in Australian Securities Exchange (ASX) listed products in Australia, and its in-principle support for granting an Australian market licence to Chi-X Australia Pty Ltd that intends to offer trading services in competition with the ASX. The Regulation Impact Statement was prepared by ASIC and has been assessed as adequate by the Office of Best Practice Regulation.

On 2 March 2011 the Ginger Industry R&D Levy regulations were tabled in Parliament. The regulations introduce from 1 April 2011 a new statutory R&D levy on ginger payable to the Rural Industries Research and Development Corporation. The levy has been implemented under the Primary Industries (Excise) Levies Act 1999 and the Primary Industries Levies and Charges Collection Act 1991 The ad valorem levy rate on ginger growers is a half of one per cent (0.5%) on the sale of fresh ginger, seed ginger, organic ginger and ginger for processing, to be collected at the first domestic point of sale. Exemptions apply to fresh ginger sold on the export market, ginger sold direct to the public through farmers markets and roadside stalls and seed ginger used by seed producers to grow their own ginger. The levy will attract Australian Government matching payments for eligible R&D expenditure.

On 27 April 2011, the Australian Fisheries Management Authority (AFMA) announced changes to management arrangements for the Gillnet, Hook and Trap sector of the Southern and Eastern Scalefish and Shark Fishery, by way of a temporary order. These changes include closures of fishing areas and new monitoring arrangements.  A regulation impact statement (assessed as adequate by the OBPR) was required to inform the decision to change the management arrangements but was not prepared. Consequently, the OBPR has assessed the proposal as being non-compliant with the Australian Government’s best practice regulation requirements.

The Minister for Defence and Minister for Resources, Energy, and Tourism jointly announced on 3 May 2011 the Government’s response to the Final Report of the Review of the Woomera Prohibited Area (WPA). The WPA is a Department of Defence test and evaluation area covering land subject to access demand from non-Defence users, particularly the resources sector. The response proposes a new framework for managing Department of Defence and non-Defence use of the WPA. 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.