Published Impact Analyses

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

On 1 September 2020, the Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher MP announced changes to the Telecommunications in New Developments (TIND) policy.

The changes are designed to provide people in Australia moving into new apartment and housing developments with better and cheaper access to high speed broadband services, by removing competitive constraints on NBN Co under the previous TIND policy, noting there are generic and telecommunications-specific laws to deal with anti-competitive conduct and NBN Co is subject to Commonwealth competitive neutrality policy.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 24 September 2020, the Australian Energy Market Commission (AEMC) released a draft rule determination for the National Electricity Amendment (Compensation for Market Participants Affected by Intervention Events) Rule 2020 and a corresponding Draft Rule for consultation.

This draft determination is to make a more preferable draft rule which changes the way that compensation is calculated when market participants are dispatched differently as a result of an AEMO intervention event which triggers intervention pricing.

The draft determination has been assessed by the Office of Best Practice Regulation as compliant with requirements for a Council of Australian Governments Consultation RIS.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

COAG Consultation Regulation Impact Statement – Transport and Infrastructure Ministers

On 28 September 2020, the Office of the National Rail Safety Regulator (ONSRS) released a consultation Regulation Impact Statement (RIS) examining the case for introducing in-cab audio and video safety recording requirements for rail operators in Australia.

The RIS examines the evidence for both voluntary adoption of, and mandatory requirements for, in-cab audio and video recordings in rail operations in Australia, to provide enhanced information to investigators, for the purposes of improving rail safety outcomes.

The consultation RIS has been assessed by the Office of Best Practice Regulation as compliant with requirements for a Council of Australian Governments Consultation RIS.

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).