Published Impact Analyses

Remaking of Sunsetting Instrument without Significant Amendments – Department of the Treasury

On 26 November 2020, the Governor-General remade, with only minor amendments, the A New Tax System (Australian Business Number) Regulations 1999, which were due to sunset on 1 April 2021. The newly made A New Tax System (Australian Business Number) Regulations 2020 (the Regulations) will come into effect on 1 April 2021, and are scheduled to sunset on 1 April 2031.

The Regulations support the function of the Australian Business Registry (ABR). The Regulations set out the details to be entered on the ABR, the fee for access to the ABR, and details to be included in copies of the ABR.

Regulation Impact Statement – Department of Home Affairs

On 10 December 2020, the Security Legislation Amendment (Critical Infrastructure) Bill 2020 was introduced into Parliament.

In response to evolving threats and risks to Australia’s critical infrastructure in a post-COVID world, the Government introduced an enhanced regulatory framework, building on existing requirements under the Security of Critical Infrastructure Act 2018. The Security Legislation Amendment (Critical Infrastructure) Bill 2020 gives effect to this framework by introducing:

Regulation Impact Statement – The Treasury

On 9 December 2020, the Government introduced legislation on changes to the consumer credit framework requiring lenders to establish appropriate systems, policies and processes for assessing borrowers’ capacity to repay without substantial hardship. Responsible lending obligations (RLOs) will be retained for small amount credit contracts (SACCs) and consumer leases.

The Office of Best Practice Regulation (OBPR) assessed the Regulation Impact Statement (RIS) prepared by the Treasury as adequate with the Government’s requirements but not consistent with good practice.

For the RIS to be considered ‘good practice’, the analysis could have been further improved by:

COAG Consultation Regulation Impact Statement – Australian Building Codes Board

On 7 December 2020, the Australian Building Codes Board (ABCB) released a Consultation RIS on lead in plumbing products in contact with drinking water. This follows a number of high-profile cases of lead leaching into Australian drinking water.

Lead is currently permitted by Australian Standards for use in the manufacture of plumbing products. The exact lead content of products varies by component, though some products in contact with drinking water contain up to 6% lead as a proportion of raw material.

Independent Review – Department of the Treasury

The Government was required to undertake a review of the Australian Charities and Not for profits Commission Act 2012 and the Australian Charities and Not-for-profits Commission (Consequential and Transitional) Act 2012 after their first five years of operation. The review evaluated the performance of the legislative framework and regulation of the sector, with an aim to identifying improvements that could be made. A final report was tabled in Parliament on 22 August 2018, making 30 recommendations in four parts:

Independent Review – Department of the Treasury

On 8 December 2020, the Treasurer, the Hon Josh Frydenberg MP, and Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP, announced a mandatory code of conduct to address bargaining power imbalances between Australian news media businesses and digital platforms, specifically Google and Facebook initially, supplemented by a framework to encourage deals outside the code.

Regulation Impact Statement - Department of Social Services

On 8 October 2020, the Government introduced the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020, to transition the Cashless Debit Card (CDC) from a trial to an ongoing program in the four existing trial sites and transition around 25,000 people on Income Management (IM) in the Northern Territory and the Cape York region to the CDC.   

The Cashless Debit Card aims to reduce the overall social harm caused by welfare‑fuelled alcohol, gambling and drug misuse by reducing the amount of welfare payment available as cash in a community. It is also designed as a helpful budgeting tool to support participants in managing their financial affairs and ensure they have money available to meet essential needs.

Regulation Impact Statement – Department of Infrastructure, Transport, Regional Development and Communications

On 3 December 2020, the Government introduced changes to Part 20A of the Telecommunications Act 1997.

Independent Review – Department of the Treasury

On 2 October 2020, the Minister for Housing and Assistant Treasurer, the Hon Michael Sukkar MP, announced changes to the Food and Grocery Code of Conduct (the Code), which is a voluntary code prescribed under the Competition and Consumer Act 2010.

The changes to the Code included: changes to the dispute resolution process; providing more detail and guidance on acting in good faith; changes to negotiating price rises; removing the ability to make retrospective changes in grocery supply agreements; and clarifying and extending application of the Code to wholesalers.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 3 November 2020, the Australian Energy Market Commission (AEMC) released the draft rule determination and draft rule titled National Electricity Amendment (Technical Standards for Distributed Energy Resources) Rule 2020.

The draft rule would create 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.