Published Impact Analyses

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.

COAG Decision Regulation Impact – Australian Energy Market Commission

On 18 June 2020, the Australian Energy Market Commission (AEMC) released the draft rule determination and draft rule titled National Electricity Amendment (Changes to intervention mechanisms) Rule 2020.

On 18 June 2020, the Australian Energy Market Commission (AEMC) released the draft rule determination and draft rule titled National Electricity Amendment (Removal of intervention hierarchy) Rule 2020.

The draft rule replaces the existing requirement for AEMO to use reasonable endeavours to intervene using RERT prior to issuing directions or instructions with a principle that AEMO must use reasonable endeavours to choose the intervention mechanism, or combination of intervention mechanisms, that is effective in addressing the need to intervene in the market while minimising the direct and indirect costs of intervention. The draft rule also extends transparency and accountability arrangements to encompass AEMO's decision-making on the selection of intervention mechanisms. The draft rule actions a recommendation made by the AEMC in its Interventions investigation final report.

On 22 May 2020, the Treasurer, the Hon Josh Frydenberg MP, announced Litigation funders would be regulated under the Corporations Act, requiring them to hold an Australian Financial Services Licence (AFSL) and comply with the managed investment scheme regime, commencing three months from the date of the announcement.

The amendments to the regulations are intended to provide greater transparency around the operations of litigation funders in Australia, and will require them to:

On 21 May 2020, the Treasurer, the Hon Josh Frydenberg MP, announced the Australian Government will extend the ban on conflicted remuneration to listed investment companies and trusts (LICs), commencing 1 July 2020. This followed a public consultation on the current stamping fee exemption conducted by the Treasury in early 2020.

The extension of the ban to LICs is intended to address risks associated with the potential mis-selling of these products to retail consumers, improve competitive neutrality and provide long term certainty in the funds management industry.