Published Impact Analyses

COAG Decision Regulation Impact Statement – Australian Energy Market Commission

On 10 September 2020, the Australian Energy Market Commission (AEMC) released the final rule National Electricity Amendment (Removal of Intervention Hierarchy) Rule 2020.

The AEMC has made a final determination to replace the existing hierarchy of interventions with principles providing flexibility for the Australian Energy Market Operator to select the supply scarcity mechanism or combination of mechanisms that minimise direct and indirect costs and are effective at addressing the conditions of supply scarcity.

The reasons for the decision and the relationship to achieving the National Electricity Objectives are set out in the attached rule determination.

COAG Decision Regulation Impact Statement – Australian Energy Market Commission

On 10 September 2020, the Australian Energy Market Commission (AEMC) released the final rule National Electricity Amendment (Changes to Intervention Mechanisms) Rule 2020.

The AEMC has made a final rule that amends the National Electricity Rules (NER) to improve the efficiency and clarity of intervention mechanisms. The final rule removes the mandatory restrictions framework and the obligation to counteract during an intervention and clarifies the basis for affected participant compensation cost recovery following activation of emergency reserves under the reliability and emergency reserve trader (RERT).

Post-Implementation Review – Department of Agriculture, Water and the Environment and the Australian Maritime Safety Authority

On 17 May 2018, the (then) Minister for Agriculture announced the Australian Government would act on several recommendations outlined in the McCarthy Review to limit the risk of heat stress in sheep exported to or through the Middle East, to improve animal welfare outcomes while supporting the continuation of the trade.

The Australian Government’s decision was the catalyst for further regulatory changes including the introduction of the Independent Observer Program; the prohibition of the export of sheep to the Middle East in the 2019 Northern Hemisphere summer; and a reduced transition period for amendments to Marine Order 43.

Independent Review – The Treasury

On 6 February 2020, the Government introduced Treasury Laws Amendment (Reuniting More Superannuation) Bill 2020, which seeks to facilitate the closure of Eligible Rollover Funds (ERFs) by 30 June 2021 and enable the Commissioner of Taxation to reunite amounts received from ERFs with a superannuation fund member's active account.

An ERF is a fund that is eligible to receive benefits rolled over from another superannuation fund without member consent, intended to be a temporary repository for small account balances or for accounts belonging to persons who cannot continue to be a fund member, for instance, when they change employment. However, ERFs have not been successful in reuniting members with lost superannuation.

Regulation Impact Statement – Department of Industry, Science, Energy and Resources

On 20 August 2020, the Australian Government announced reforms to franchising regulation in Australia in response to the findings of the Parliamentary Joint Committee’s (PJC) Fairness in Franchising report.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Industry, Science, Energy and Resources (DISER). The RIS highlights several problems in the relationship between franchisees and franchisors and presents and analyses a range of both regulatory and non-regulatory options to rectify these problems.

On 13 August 2020, the Australian Government issued a direction to the Australian Communications and Media Authority (ACMA) to impose a 1 GHz allocation limit for spectrum licences in the 26 GHz band. ACMA is preparing to allocate these licences in an auction expected to commence in late March 2021.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Infrastructure, Transport, Regional Development and Communications (DITRDC). The RIS identifies the problem as the risk of monopolisation of spectrum during the auction process and negative impacts flowing from that on the delivery of effective and competitive 5G services in Australia.

On 6 August 2020, Minister for Trade, Tourism and Investment Simon Birmingham and Singapore’s Minister for Trade and Industry Chan Chun Sing digitally signed the Australia – Singapore Digital Economy Agreement (DEA).

Singapore is Australia's largest trade and investment partner in ASEAN, and our fifth largest two-way trading partner overall. The Government considers Singapore to be a partner of choice for developing norms in digital trade rules, given its dynamic and innovative economy.

Regulation Impact Statement – Food Standards Australia New Zealand (FSANZ)

On 17 July 2020, the Australia New Zealand Ministerial Forum on Food Regulation (the Forum) accepted a proposed draft standard for mandatory pregnancy warning labels on alcohol to ensure women are appropriately informed about the advice to not consume alcohol while pregnant. The mandatory warning label includes a pictogram and the text ‘PREGNANCY WARNING’ and ‘Alcohol can cause lifelong harm to your baby’.

The Forum confirmed the colour requirements of red, white and black for the warning label and agreed with Food Standards Australia New Zealand’s (FSANZ) proposal to change the signal words from ‘HEALTH WARNING’ to ‘PREGNANCY WARNING’ and to extend the transition period for implementation from two to three years.

COAG Consultation Regulation Impact Statement – Australian Building Codes Board

On 6 July 2020, the Australian Building Codes Board released a Council of Australian Government’s Regulation Impact Statement (RIS) for consultation on proposals to include minimum accessibility standards for housing in the National Construction Code.

Accessible housing is housing that includes features to enable use by people either with a disability or transitioning through their life stages. The minimum accessibility standards for housing considered in the RIS are based on the specifications in the Livable Housing Design Guidelines (LHDG) 2017.

On 12 June 2020, the Minister for Health announced that a Seventh Community Pharmacy Agreement (7CPA), signed by the Commonwealth, the Pharmacy Guild of Australia and for the first time the Pharmaceutical Society of Australia, will commence on 1 July 2020, and be in place until 30 June 2025.

Given its potential to have major impacts on businesses and individuals and the community, a Regulation Impact Statement (RIS) was required for the 7CPA. However, a RIS was not finalised and assessed by the Office of Best Practice Regulation (OBPR) before the 7CPA was signed. Consequently, the OBPR has assessed the process and analysis for the 7CPA was insufficient to meet the Australian Government’s Regulatory Impact Analysis (RIA) requirements.