On 5 July 2011, Regulation Impact Statements were tabled in Parliament regarding a suite of measures related to the regulation of activity in the Antarctic region. The measures include liability arising from environmental emergencies, landing persons from passenger vessels, and insurance and contingency planning for tourism and non-government activities. The measures were adopted unanimously by Parties to the Antarctic Treaty. The measures impose a number of obligations on tourist operators in the Antarctic region, including requiring tourist operators (whether by boat or plane) to undertake contingency/accident planning, maintain adequate insurance or other financial security and carry/land only a certain number of passengers at one time. To implement these obligations domestically, amendments are required to the Antarctic Treaty Act 1960 (Cth) and the Antarctic Treaty (Environment Protection) Act 1980 (Cth).
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
On 6 July 2011, the Minister for Agriculture, Fisheries and Forestry announced that the Government has issued revised export control orders to open trade in live cattle to Indonesia. A new framework for live export has also been developed in partnership with industry and with advice from the Australian Veterinary Association. This framework will only allow Australian animals to be exported to Indonesia where an exporter can show the animals will be treated in accordance with international animal welfare standards, right through to the point of slaughter. A Regulation Impact Statement was required for the decision to issue revised export control orders but was not prepared. The Office of Best Practice Regulation has assessed the proposal as being non-compliant with the Australian Government’s best practice regulation requirements.
In the 2011-12 Budget released on 10 May 2011, the Government announced that it would amend the Taxation of Financial Arrangements tax hedging rules to ensure that the rules operate as intended, and to provide further certainty and reduce compliance costs for affected taxpayers. A Regulation Impact Statement was required to inform the decision as this measure would have a regulatory impact on business compliance costs but was not prepared. Consequently, the Office of Best Practice Regulation has assessed the proposal as being non-compliant with the Australian Government’s best practice regulation requirements. A post-implementation review for this measure will be required within one to two years of its implementation.
In the 2011-12 Budget released on 10 May 2011, the Government announced a number of measures. Regulation Impact Statements would have been required for these measures, but on 23 April 2010 the then Prime Minister granted a exceptional circumstances exemption for the Government’s tax reform agenda in response to the Australia’s Future Tax System (Henry) Review. A post-implementation review for each of these measures will be required within one to two years of their implementation. These measures included the following:
On 1 December 2010, the Minister for Climate Change and Energy Efficiency announced that the Solar Credits multiplier under the Small-Scale Renewable Energy Scheme would be reduced from 1 July 2011. On 5 May 2011, the Minister for Climate Change and Energy Efficiency announced further reductions to the Solar Credits multiplier under the Small-Scale Renewable Energy Scheme. Regulation Impact Statements were required to inform these decisions as these measures would have a regulatory impact on businesses but were not prepared. Consequently, the Office of Best Practice Regulation has assessed the proposals as being non-compliant with the Australian Government’s best practice regulation requirements.
In the 2011-12 Budget released on 10 May 2011, the Government announced that it would implement a package of enhancements to the film tax offsets program. A Regulation Impact Statement was required as this measure would have a regulatory impact on businesses in the film industry but was not prepared. Consequently, the Office of Best Practice Regulation has assessed the proposal as being non-compliant with the Australian Government’s best practice regulation requirements. A post-implementation review for this measure will be required within one to two years of its implementation.
In the 2011-12 Budget released on 10 May 2011, the Government announced that it would allow primary producers affected by natural disasters to access their farm management deposits within 12 months of making a deposit while retaining concessional tax treatment under the scheme. A Regulation Impact Statement was required to inform the decision but was not prepared. Consequently, the Office of Best Practice Regulation has assessed the proposal as being non-compliant with the Australian Government’s best practice regulation requirements. A post-implementation review for this measure will be required within one to two years of its implementation.
On 22 June 2011, the Minister for Home Affairs and the Minister for Trade announced changes to Australia’s Anti-Dumping and Countervailing System. Dumping occurs where a company exports its goods to Australia at a price below the price it charges in its home market or below cost. Where that dumping materially injures an Australian business producing similar goods, additional Customs duties can be applied as a remedy. Countervailing duties may be imposed on imports subsidised by foreign governments that cause or threaten material injury to an Australian producer of 'like goods'.
On 11 July 2011, the Australian Government announced Australia’s Plan for a Clean Energy Future. The Regulation Impact Statement (RIS) outlines the regulatory considerations and arrangements for a market based pricing mechanism that deals with Australia’s emissions of carbon dioxide and other global warming gases. The Government’s objectives are to respond to climate change, and meet Australia’s international emissions obligations in a flexible and cost effective way. The RIS contains analysis on a number of regulatory options in relation to: the form of the pricing mechanism; coverage; reporting and compliance; fixed price architecture; transitional arrangements; international linking; taxation arrangements; and governance arrangements. The RIS was prepared by the Department of Climate Change and Energy Efficiency and has been assessed as adequate b
On 18 July 2011, the National Transport Commission announced the release of a Consultation Regulation Impact Statement (RIS) on a national rail safety law. This proposal aims to develop a seamless and coordinated national approach to rail safety regulation as well as leading to improved safety outcomes. This follows the Council of Australian Governments (COAG) and the Australian Transport Council directing the National Transport Commission to consolidate the seven state and territory bodies of rail safety law into a Rail Safety National Law. Rail Safety is one of the 27 deregulation priority reforms currently being delivered under the National Partnership Agreement to Deliver a Seamless National Economy (SNE NP). The Consultation RIS has been approved by the Office of Best Practice Regulation. The National Transport Commission is seeking feedback from stakeholders on the proposed changes.