Published Impact Analyses

Regulation Impact Statement – Therapeutic Goods Administration

On 18 September 2020, a delegate of the Secretary of the Department of Health made a declaration under section 7 of the Therapeutic Goods Act 1989, which clarifies that certain sports supplements are therapeutic goods.

The declaration is intended to ensure that these sports supplements are subject to regulatory controls commensurate with their level of risk, and that consumers are able to make more fully‑informed decisions. It also addresses existing legal ambiguity to enable more timely compliance and enforcement action by the relevant authorities when safety concerns are identified.

Remaking of sunsetting instrument without significant amendments – Department of Health

On 4 September 2020, the Department of Health remade without significant amendments the Therapeutic Goods (Excluded Purposes) Specification 2010, which will sunset on 1 October 2020. The newly made Therapeutic Goods (Medical Devices - Excluded Purposes) Specification 2020  comes into effect on 1 October 2020 and will sunset on 1 October 2030.

The Specification, which is made under the Therapeutic Goods Act 1989, was first made in 2010 to set out exclusions from the permitted supply of specific categories of in-vitro diagnostic medical devices for self‑testing.

Remaking of sunsetting instrument without significant amendments – Department of Health

On 20 August 2020, the Department of Health remade the Healthcare Identifiers Regulations 2010 (the old Regulations), which were due to sunset on 1 October 2020, without significant amendments. The Healthcare Identifiers Regulations 2020 (the Regulations) repeal and replace the old Regulations and came into effect on 28 August 2020. The new Regulations will sunset on 1 October 2030.

The Regulations, which are made under the Healthcare Identifiers Act 2010, were first made in 2010 to set out provisions relating to the assignment, collection, use, adoption and disclosure of healthcare identifiers. 

Remaking of sunsetting instrument without significant amendments – Department of Social Services

On 24 August 2020, the Minister for Families and Social Services remade without significant amendments the Disability Services Standards (Eligible Services Standards) (FAHCSIA) Determination 2010, which was due to sunset on 1 October 2020. The newly remade Disability Services (Eligible Services Standards) Determination 2020 will sunset on 1 October 2030.

The Determination, which is made under the Disability Services Act 1986, was first made in 2010 to assist funded organisations to improve the standard of service they provide for people with disability.

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.