Published Impact Analyses

On 17 March 2021, the Government introduced a Bill into Parliament to reform Australia’s Offshore Banking Unit (OBU) regime to avoid Australia’s continued designation, by the OECD and European Union, as having a harmful tax regime.

The Prime Minister granted an exemption from the Regulation Impact Statement (RIS) requirements because the publication of sensitive impact analysis and information about consultations could cause unintended market effects or lead to speculative behaviour which would not be in the national interest, in particular as consultations are ongoing.

Consistent with the Australian Government’s RIS requirements, a post-implementation review must be completed by the Treasury within two years of implementation.

On 12 March, the Australian Government announced reforms to the regulatory arrangements governing relationships between automotive manufacturers and franchise automotive dealerships.

The announced measures involve:

On 11 March 2021, the Australian Energy Market Commission (AEMC) released the rule determination and rule titled National Electricity Amendment (Semi-Scheduled Generator Dispatch Obligations) Rule 2021 No 2.

The rule seeks to address the issue of semi- scheduled generators curtailing generation in response to market prices without rebidding or waiting for an updated dispatch instruction from AEMO.

This rule change progresses one of the interim security measures developed by the COAG Energy Council Energy Security Board that is expected to improve outcomes while more fundamental reforms are designed and implemented through a longer term market design process.

On 2 March 2021, the Governor-General remade, with only minor amendments, the Income Tax Assessment Regulations 1997, which were due to sunset on 1 April 2021. The newly made Income Tax Assessment (1997 Act) Regulations 2021 (the Regulations) will come into effect on 1 April 2021, and are scheduled to sunset on 1 April 2031.

The Regulations support the operation of the income tax law, and include certain operational rules for calculating income tax liabilities for individuals, companies, trusts, partnerships and superannuation funds.

On 25 January 2021, the Australian Energy Market Commission (AEMC) released the rule determination and rule titled National Electricity Amendment (Technical Standards for Distributed Energy Resources) Rule 2021.

The rule creates technical standards that embedded generating (EG) units connecting by way of a micro EG connection service must comply with. The standard would amend the existing arrangements for solar inverters used primarily in household and other small-scale generation settings.

The requirements would apply to equipment connected to the national electricity grid for the first time, and to replacements  after the rule commences in December 2021..

On 25 February 2021, the Australian Energy Market Commission (AEMC) released the final rule determination and rule titled National Energy Retail Amendment (Maintaining life support customer registration when switching) Rule 2021 No. 1.

The final rule seeks to reduce barriers for life support customers that switch retailer or distribution network service provider (DNSP) by introducing an obligation on the outgoing registration process owner (RPO) (the retailer or DNSP contacted by the customer for life support registration purposes) to provide the customer with a copy of the medical confirmation document used to register the customer's premises on request.

In December 2020, the Australian Government finalised a Regulation Impact Statement considering the costs and benefits of ratifying the Minamata Convention on Mercury (the Convention).

The Convention introduces global controls to protect human health and the environment from releases of mercury and mercury compounds caused by humans. Australia signed the Minamata Convention in October 2013, indicating we agree, in-principle to its objectives and obligations. The next step is to ratify the Convention which would make it legally binding for Australia.

Australia’s domestic treaty-making process requires a Regulation Impact Statement (RIS) that assesses the potential implications of ratification.

The Department of Agriculture, Water and the Environment prepared a RIS, which the Office of Best Practice Regulation (OBPR) assessed as good practice.

Post–implementation Review – Department of Foreign Affairs and Trade (DFaT)

In April 2020 DFaT announced a call for submissions to the Post-Implementation Review (PIR) of the China-Australia Free Trade Agreement (ChAFTA).

The Department was required to prepare a PIR under the Government’s Regulation Impact Statement requirements because the Office of Best Practice Regulation (OBPR) assessed that the agreement would have a substantial impact on the economy.

The proposal was implemented in June 2015. A PIR was completed by the Department in February 2021 and was assessed as compliant by the OBPR.

Independent Review – Department of the Treasury

On 17 February 2021, the Government introduced legislation to make permanent changes to Australia’s continuous disclosure laws. Specifically, the Bill amends the Corporations Act 2001 so that companies and their officers will only be liable for civil penalty proceedings in respect of continuous disclosure obligations where they have acted with “knowledge, recklessness or negligence”. In addition, companies and their officers are not liable for misleading and deceptive conduct in circumstances where the continuous disclosure obligations have been contravened unless the requisite “fault” element is also proven.

Department of Education, Skills and Employment – Regulation Impact Statement

On 23 February 2021, the Government announced proposed changes to mutual obligations for jobseekers unemployed for at least six months.  

The new activity requirement introduces an additional requirement for job seekers once they have participated in jobactive for six months. These job seekers will be required to participate for up to eight weeks in a compellable activity (such as a short training course, online learning modules, voluntary work or Work for the Dole). This requirement is in addition to job search. It is also in addition to the intensive activity that already is required to be conducted at 12 months’ unemployment.