Published Impact Analyses

Remaking of Sunsetting Instrument without Significant Amendments –The Attorney-General’s Department

On 5 September 2019, the Attorney-General remade a sunsetting instrument without materially significant amendments, relating to the definition and concepts of disability and the ‘criminal record’ attribute in the Australian Human Rights Commission Regulations 1989 (AHRC Regulations). They will commence on 1 October 2019.

The remade AHRC Regulations align the definition and concepts of disability with those in the Disability Discrimination Act 1992 and the Disability Discrimination Regulations 1996 and amends the ‘criminal record’ attribute to ‘irrelevant criminal record’ to provide clarity to employers on the operation of the AHRC Regulations.

Consultation Regulation Impact Statement – Australian Energy Market Commission

On 12 September 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Electricity Amendment (Demand management incentive scheme and innovation allowance for TNSPs) Rule 2019 (draft determination). This is to make a more preferable draft rule, that is to apply the Demand Management Innovation Allowance mechanism (DMIA), and not the Demand Management Incentive Scheme (DMIS), to transmission network service providers. The AEMC has also released the corresponding Draft National Electricity Amendment (Demand management incentive scheme and innovation allowance for TNSPs) Rule 2019 for consultation.

Remaking of sunsetting instrument without significant amendments

On 8 August 2019, the (Attorney-General’s Department) remade the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform)  (Veterans’ Affairs) Regulations 2009 (the Regulations) without materially significant amendments. The Regulations commenced on 22 August 2019 and replace the earlier instrument that was scheduled to sunset on 1 October 2019.

The Regulations entitle certain dependants of Defence Force members or veterans to certain benefits where the member or veteran died prior to the commencement of relevant provisions of the Same-Sex Relationships (Equal Treatment in Commonwealth Laws – General Law Reform Act 2008 on 1 July 2009.

Remaking sunsetting instrument without significant amendments – Australian Securities and Investments Commission

On 26 August 2019, the Australian Securities and Investments Commission (ASIC) made ASIC Corporations (Share and Interest Purchase Plans) Instrument 2019/547 to replace ASIC Class Order [CO 09/425], which was due to sunset on 1 October 2019.

Independent Review - Australian Prudential Regulation Authority

In July 2018, the Australian Prudential Regulation Authority (APRA) proposed changes to the current prudential requirements for related entity risk management by banks and other authorised deposit-taking institutions (ADIs).

Following consultation, APRA made adjustments to the proposed changes in order to address stakeholder concerns, while maintaining other aspects of the original proposal where it concluded changes were warranted based on prudential considerations.

COAG Consultation Regulation Impact Statement – COAG Energy Council

On 13 August 2019, the South Australian Department for Energy and Mining, on behalf of the Council of Australian Governments (COAG) Energy Council, released a consultation paper to explore the merits of requiring that all new air conditioners, resistive electric water heaters, electric vehicle chargers and pool pump controllers sold in Australia and New Zealand should have demand response capabilities, to reduce future investment requirements for the electricity network and to reduce technical barriers to large scale participation by small consumers in the wholesale demand response mechanism, and other demand response markets.

COAG Consultation Regulation Impact Statement – COAG Energy Council

On 8 August 2019, the Council of Australian Governments (COAG) Energy Council released a Consultation Regulation Impact Statement (the Consultation RIS) to explore options to improve transparency in the eastern and northern Australian gas markets.

The Consultation RIS focuses on addressing information gaps and asymmetries relating to gas and infrastructure prices, supply and availability of gas, gas demand, and infrastructure used to supply gas to end-markets.

The Consultation RIS has been assessed by the Office of Best Practice Regulation as meeting the COAG requirements for a COAG Consultation RIS.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 1 August 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Electricity Amendment (Transparency of New Projects) Rule 2019 (draft determination) to improve the transparency of new generation projects in the National Electricity Market (NEM). The AEMC has also released the corresponding Draft National Electricity Amendment (Transparency of New Projects) Rule 2019 for consultation.

The Commission's draft rule:

On 24 June 2019, Safe Work Australia released for public consultation a Regulation Impact Statement (RIS) on the recommendations of the Review of the model WHS laws: Final report (the Review).

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 18 July 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Electricity Amendment (Wholesale demand response mechanism) Rule 2019 (draft determination) to provide a mechanism to facilitate wholesale demand response in the National Electricity Market. The AEMC has also released the corresponding Draft National Electricity Amendment (Wholesale demand response mechanism) Rule 2019 for consultation.

Facilitating wholesale demand response has the potential to lower wholesale electricity prices and help manage the supply-demand balance at a lower cost.

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.