On 7 April 2009, the Government announced the establishment of a new company, NBN Co Limited (‘NBN Co’), to build and operate a new National Broadband Network (NBN). The (then) Prime Minister granted an exemption from the Regulation Impact Statement requirements on the basis of exceptional circumstances for that decision, including for the key principles for the governance, ownership and operating arrangements for the wholesale-only NBN company and for the access regime to facilitate open access to the NBN for retail level telecommunications service providers. On 25 November 2010, the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced the introduction of legislation implementing the Government’s commitments.
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
On 25 November 2010, the Minister for Broadband, Communications and the Digital Economy Senator Stephen Conroy, announced a series of changes to the anti-siphoning scheme that will affect television coverage of key sporting events in Australia. The Prime Minister granted an exemption from the Regulation Impact Statement requirements on the basis of exceptional circumstances for the changes. A post implementation review will be required within 1 to 2 years of implementation of the changes.
ASIC released guidance for mortgage lenders that sets out how provisions in the National Credit Code which is part of the National Consumer Protection Act 2009 and unfair contract terms provisions of the Australian Securities and Investments Commission Act 2001 apply to mortgage early termination fees (exit fees): Regulatory Guide 220 Early termination fees for residential loans: unconscionable fees and unfair contract terms (RG 220). This follows consultation leading up to and after the 1 July 2010 start date for the new legislation.
The Australian Health Ministers Conference (AHMC) has tasked an expert body, the Australian Commission on Safety and Quality in Healthcare (ACSQH), to develop national standards to apply to health services. In this consultation Regulation Impact Statement (RIS) the ACSQH identifies the proposed standards and implementation options. The RIS recommends adoption of the standards for the accreditation of high risk health services, such as hospitals, day procedure centres and dental surgeries undertaking invasive procedures on the body while using anaesthesia or sedation. The standards can also be voluntarily adopted by other health services, such as general practitioners that do not undertake invasive procedures, as part of their internal processes. The ACSQH released the RIS for public consultation over 24 September 2010 to 14 October 2010.
The RIS requirements did not envisage the possibility of post-election undertakings such as those made by the ALP to the Greens and Independents. The Government has agreed to treat these undertakings consistent with the arrangements applying to election commitments for the purposes of the RIS requirements. This clarification is reflected in this correspondence between Minister Wong and Cabinet Secretary Dreyfus.
On Thursday 28 October 2010, the Minister for Finance and Deregulation, Senator the Hon Penny Wong, tabled this statement in the Senate reaffirming the Government’s commitment to a comprehensive regulatory assessment process and to the independence of the Office of Impact Analysis.
This measure was announced on 1 July 2010. This regulation impact statement supports the introduction of a product safety standard for movable outdoor soccer goals. The standard was proposed in response to a number of injuries, and a few deaths in Australia and overseas. The majority of these incidents were associated with children climbing or swinging on unsecured goal posts. The standard reduces the risk of goal posts falling onto children. The new standard will be accompanied by a Government advertising campaign aimed at informing parents, guardians and children of the risks of movable soccer goal posts. The RIS has been approved by the OBPR.
The first instance of non-compliance on our website relates to the Telecommunications Service Provider (Mobile Premium Services) Determination 2010 (No.2). The Determination was announced in the Australian Communications and Media Authority (ACMA) Media Release 98/2010. From 3 November 2010, ACMA will be able to issue a temporary Do Not Bill order to stop suspect content providers from charging customers while it investigates a service. The effect of this proposal is to transfer risk from customers to content service providers. A regulation impact statement was required to be prepared to describe the impact on affected businesses but none was prepared. Accordingly this proposal is assessed as non-compliant against Australian Government best practice regulation requirements. A post-implementation review will be required to be started by ACMA before 3 November 2012.
The Australian Building Codes Board (ABCB) is looking at options to reduce the potential for saline soils to weaken building structures. In this consultation Regulation Impact Statement (RIS) the ABCB considers options including requirements to:
- limit the types of materials for use as damp proof courses;
- increase resistance requirements for vapour barriers; and
- strengthen requirements for concrete slab construction.
The ABCB released the RIS for public consultation over 3 August 2010 to 10 September 2010. The information provided in the submissions received during consultation will help guide the development of the decision RIS and the Building Code. The ABCB will need to provide the OBPR with the decision RIS for approval before it decides on the proposed changes. The OBPR has approved the consultation RIS.
Food Standards Australia New Zealand (FSANZ) is looking at options to address food-borne illness caused by the consumption of seed sprouts. In this consultation Regulation Impact Statement (RIS) FSANZ identifies potential regulation and other options to address the problem. The analysis indicates that the costs of regulation to address food-borne illness caused by the consumption of seed sprouts may outweigh the benefits. FSANZ released the RIS for public consultation on 6 September 2010. If interested, please make a submission to FSANZ by 18 October 2010. The information provided to FSANZ in submissions will help guide the development of the decision RIS and the Food Standard. After consultation has closed FSANZ will need to provide the OBPR with the decision RIS for approval before it makes a decision on the proposed changes.