Published Impact Analyses

Non-compliance with COAG’s best practice regulation requirements – Australian Registrars' National Electronic Conveyancing Council 

In September 2020, the Australian Registrars' National Electronic Conveyancing Council (ARNECC) announced a decision to develop legislation to require interoperability between Electronic Lodgement Network Operators (ELNOs).

The Council of Australian Governments (COAG) best practice regulation requirements apply to decisions by ministerial councils or other bodies where there is a reasonable expectation of widespread compliance. Under the COAG requirements a Regulation Impact Statement (RIS) needs to be prepared for the consultation stage, and for the decision stage.  

Regulation Impact Statement – Department of the Treasury

On 12 November 2020, the Government introduced the Corporations Amendment (Corporate Insolvency Reforms) Bill 2020 for the purposes of:

Regulation Impact Statement – Department of Health

On 21 December 2020, the Therapeutic Goods Administration (TGA) within the Department of Health announced that nicotine would be rescheduled within the Standard for the Uniform Scheduling of Medicines and Poisons (the Poisons Standard), in accordance with section 52D(2) of the Therapeutic Goods Act 1989. 

Independent Review – Australian Competition and Consumer Commission

On 21 December 2020, the Assistant Treasurer, the Hon Michael Sukkar, announced a package of safety and information standards to address the hazards of button/coin batteries. The package includes two related regulatory controls covering two classes of ‘consumer goods of a kind’ – consumer goods that contain button/coin batteries, and button/coin batteries themselves. The controls include safety standards that will have physical requirements for the goods and information standards under sections 104 and 134 of the Australian Consumer Law.

Independent Review – Department of the Treasury

On 5 December 2017, the Government announced reforms of the administration and oversight of organisations with deductible gift recipient (DGR) status. The changes were designed to strengthen governance arrangements, reduce administrative complexity and ensure continued trust and confidence in the sector.

Consistent with the Government’s Regulation Impact Statement (RIS) requirements, the Department of the Treasury (Treasury) certified a number of documents as meeting the requirements of a RIS for these reforms. As per the arrangements at that time, the Office of Best Practice Regulation (OBPR) was not required to conduct any assessment of independent reviews or RIS-like documents certified by departments.

COAG Decision Regulation Impact Statement – Australian Energy Market Commission

On 17 December 2020, the Australian Energy Market Commission (AEMC) released the final rule determination and rule titled National Electricity Amendment (Compensation for Services other than Energy and Market Ancillary Services) Rule 2020.

The AEMC has satisfied itself that the final rule promotes the interests of consumers, reduces administrative burden on AEMO and registered participants, and improves transparency, predictability, consistency and the allocation of risk.

The final rule will commence operation on 21 March 2021 to allow a period of three months for AEMO to adjust its processes and procedures to implement the rule.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 17 December 2020, the Australian Energy Market Commission (AEMC) released the draft rule determination and rule titled National Energy Retail Amendment (Bill Contents and Billing Requirements) Rule 2021.

The draft rule proposes to create obligations on the Australian Energy Regulator (AER) to create mandatory guidelines on bill contents for electricity and gas retailers to follow when issuing bills to small customers, which may also extend to billing frequency.

Independent Review - Department of the Prime Minister and Cabinet

On 9 December 2020, the Government introduced the Data Availability and Transparency Bill 2020 (the Bill).

The Bill establishes a new data sharing scheme which will serve as an alternative pathway and regulatory framework for sharing public sector data. It authorises the Commonwealth to share public sector data with accredited entities for three purposes, provided effective safeguards are in place. These three purposes are delivery of government services, informing government policies and programs, and research and development. The Bill also establishes an independent statutory office holder, the National Data Commissioner, to support best practice and regulate the data sharing scheme.

Regulation Impact Statement – Australian Securities & Investments Commission

On 11 December 2020, the Australian Securities & Investments Commission (ASIC) released an updated regulatory guide on time-sharing schemes, RG 160 Time-sharing schemes.

Independent Review – Department of the Treasury

On 29 June 2020, the Australian Government announced application of the Consumer Data Right to the energy sector.

The Consumer Data Right provides consumers with greater access to their personal information, giving them the power to instruct businesses to provide safe and secure access of their data to trusted third parties. Applying the Consumer Data Right to the energy sector will allow consumers and businesses to more easily compare and switch between electricity plans and providers, encouraging more competition, lower prices and more innovative products and services.