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Published Impact Analyses

Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.

Commonwealth-State
Australian Energy Market Commission
Impact Analysis (IA)

On 1 April 2021, the Australian Energy Market Commission (AEMC) released the draft rule determination titled National Energy Amendment (prioritising arrangements for system security during market suspension) Rule 2021.

The rule change request was submitted by the COAG Energy Council, following recommendations made by the AEMC in its Mechanisms to Enhance Resilience in the Power System – Review of the South Australian Black System Event report (BSE report).

Aust Gov
Australian Securities and Investments Commission
Impact Analysis (IA)

On 1 April 2021, the Australian Securities and Investments Commission (ASIC) announced a ban on the sale of binary options to retail clients.

The objective of the product intervention order is to reduce the risk of significant detriment to retail clients resulting from over the counter (OTC) binary options. The order strengthens consumer protections by banning the issue and distribution of binary options to retail clients, and brings Australian requirements into line with prohibitions in force in comparable markets overseas. It follows the commencement on 29 March 2021 of ASIC’s product intervention order imposing conditions on contracts for difference offered to retail clients.

Commonwealth-State
Australian Energy Market Commission
Impact Analysis (IA)

On 25 March 2021, the Australian Energy Market Commission (AEMC) released a draft rule determination and the associated rules Draft National Electricity Amendment (Access, pricing and incentive arrangements for distributed energy resources) Rule 2021 and Draft National Electricity Retail Amendment (Access, pricing and incentive arrangements for distributed energy resources) Rule 2021.

Aust Gov
Attorney-General's Department
Sunsetting Instruments and Guidelines

On 25 March 2021, the Acting Minister for Industrial Relations made the Seafarers Rehabilitation and Compensation (Specified Diseases and Employment) Instrument 2021 (Seafarers Instrument) under the Seafarers Rehabilitation and Compensation Act 1992. The Seafarers Instrument replaced the Notice of Declarations and Specifications 1993 (Seafarers Notice), which was due to sunset on 1 April 2021, with minor amendments. The newly remade Seafarers Instrument will now sunset on 31 March 2026.

Consistent with Government’s Regulation Impact Statement requirements for sunsetting instruments, the Attorney-General’s Department has, after consultation with stakeholders, assessed the Seafarers Notice as operating effectively and efficiently. Therefore, a Regulation Impact Statement is not required for making the Seafarers Instrument.

Aust Gov
Australian Prudential Regulation Authority
Sunsetting Instruments and Guidelines

On 22 March 2021, the Australian Prudential Regulation Authority (APRA) made the Reporting Standard ARS 114.0 Standardised Approach – Operational Risk. The Legislative Instrument was due to sunset on 1 April 2021, and is being remade without significant amendment. The newly remade Instrument will now sunset on 1 April 2031.

Consistent with the Government’s Regulation Impact Statement requirements for sunsetting instruments, APRA has, after consultation with stakeholders, assessed the Instrument as operating effectively and efficiently. Therefore, a Regulation Impact Statement is not required for making the Instrument.

Aust Gov
Department of Health
Impact Analysis (IA)

On 24 March 2021, the Government introduced the Mitochondrial Donation Law Reform (Maeve’s Law) Bill 2021 (the Bill).

Mitochondrial donation is an assisted reproductive technology that, when combined with in-vitro fertilisation, has the potential to allow women whose mitochondria would predispose their potential children to mitochondrial disease, to have a biological child who does not inherit that predisposition.

Aust Gov
Australian Securities and Investments Commission
Other

On 24 March 2021, the Australian Securities and Investment Commission remade the relief underlying ASIC Class Order [CO 10/1034] Margin lending relief for ASX-traded instalment warrants (CO 10/1034). The remade relief is the ASIC Corporations (Margin Lending Relief for Exchange-Traded Instalment Warrants) Instrument 2021/194 (Instrument 2021/194).

Instrument 2021/194 extends the underlying relief as CO 10/1034 was due to sunset on 1 April 2021. The relief has been remade without significant changes.  Instrument 2021/194 will now sunset on 1 April 2026.

Aust Gov
Australian Securities and Investments Commission
Sunsetting Instruments and Guidelines

On 24 March 2021, the Australian Securities and Investments Commission (ASIC) remade with only minor amendments the ASIC Class Order [CO 10/407], which was due to sunset on 1 April 2021. The newly remade ASIC Corporations (Short Term Trading Market) Instrument 2021/218 will now sunset on 1 April 2026.

Consistent with Government’s Regulation Impact Statement requirements for sunsetting instruments, ASIC has, after consultation with stakeholders, assessed the instrument as operating effectively and efficiently. Therefore, a Regulation Impact Statement is not required for remaking this instrument.

Aust Gov
Department of the Treasury
Certified Independent Review

On 24 March, the Government introduced legislation to level the playing field for the automotive repair sector, increasing competition and consumer choice. It does this by establishing a mandatory scheme for the sharing of motor vehicle service and repair information.

Aust Gov
Department of Social Services
Impact Analysis (IA)

The National Redress Scheme for Institutional Child Sexual Abuse (the Scheme) Grant Connected Policy (Redress GCP) came into effect in January 2021 and restricts access to Australian Government grant funding for non-government institutions that fail to join the Scheme.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Social Services, and has been assessed by the Office of Best Practice Regulation (OBPR) as consistent with good practice against the Australian Government Guide to Regulatory Impact Analysis.  The OBPR noted the RIS contains a small number of elements where the quality of analysis or process could have been improved, including a more detailed articulation of the affected stakeholders and the inclusion of some case studies that identify the potential financial implications for non-government institutions that fail to join the Redress Scheme.