Published Impact Analyses

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 21 November 2019, the Australian Energy Market Commission (AEMC) released a draft rule determination for the National Energy Retail Amendment (Regulating Conditional Discounting) Rule to amend the National Energy Retail Rules to limit the level of conditional discounts in energy retail contracts. The draft rule restricts conditional discounts and conditional fees to the "reasonable costs" the retailer is likely to incur when payment conditions are not met. The AEMC also released a corresponding Draft National Energy Retail Amendment (Regulating Conditional Discounting) Rule 2020 for consultation.

Non-compliance with COAG’s best practice regulation requirements – COAG Energy Council

On 22 November 2019, the COAG Energy Council agreed to introduce demand response capability requirements for air conditioners, electric storage water heaters (resistive), devices controlling swimming pool pump units, and electric vehicle charger/discharger controllers.

COAG best practice regulation requirements apply to decisions by ministerial councils or other bodies where there is a reasonable expectation of widespread compliance. Under the COAG requirements a Regulation Impact Statement (RIS) is prepared for the consultation stage, and for the decision stage.

COAG Consultation Regulation Impact Statement – COAG Energy Council

On 1 November 2019, the COAG Energy Council released a Consultation Regulation Impact Statement (RIS), Options to Improve Gas Pipeline Regulation. The RIS identifies and evaluates options to deliver a more efficient and well-integrated regulatory framework for gas pipelines and to assess how effective Part 23 (Access to non-scheme pipelines) of the National Gas Rules has been in meeting its objectives. Issues focused upon include the different forms and application of regulation to gas pipelines, information disclosure, negotiation frameworks and dispute resolution mechanisms.

The Office of Best Practice Regulation assessed the RIS as adequate in accordance with the Council of Australian Government Best Practice Regulation requirements.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 14 November 2019, the Australian Energy Market Commission (AEMC) released a draft rule determination for the National Electricity Amendment (Transmission loss factors) Rule to provide the Australian Energy Market Operator (AEMO) with greater flexibility to refine and improve the methodology to determine marginal loss factors. The AEMC also released a corresponding Draft National Electricity Amendment (Transmission loss factors) Rule 2019 for consultation.

COAG Decision Regulation Impact Statement – Workplace Health and Safety Ministers

On 31 October 2019, a majority of Workplace Health and Safety Ministers (WHS Ministers) agreed to maintain mandatory workplace exposure standards (WES) and implement a streamlined methodology to review and update the WES.

The WES are designed to protect workers against adverse health effects from exposure to airborne hazardous chemicals. The WHS Ministers’ decision means:

Independent Review – Department of Communications and the Arts

On 18 October 2019, the Minister for Communications, Cyber Safety and the Arts, the Hon Paul Fletcher, issued a spectrum re-allocation declaration to re‑allocate spectrum (25.1‑27.5 GHz) in the 26 GHz band for spectrum licensing.This declaration is consistent with a spectrum re-allocation recommendation provided by the Australian Communications and Media Authority (ACMA). ACMA is planning to auction these spectrum licences in early 2021.

The decision to re‑allocate this spectrum follows recent technological developments that saw this band globally recognised as one of the first millimetre (mmWave) bands capable of supporting 5G wireless broadband services.

Regulation Impact Statement – Department of the Environment and Energy

On 6 March 2019, the Government registered and published the National Greenhouse and Energy Reporting (Safeguard Mechanism) Amendment Rule (No. 1) 2019 to amend the Safeguard Mechanism.

The Safeguard Mechanism was established as part of the Emissions Reduction Fund (ERF). The ERF provides an incentive for activities that count towards meeting Australia’s international climate commitments. The Safeguard Mechanism complements the emissions reduction elements of the ERF by sending a signal to businesses to avoid large unconstrained increases in emissions beyond business-as-usual levels. It achieves this by placing a legislated obligation on Australia’s largest greenhouse gas emitters to keep net emissions below their emissions limit (or baseline). The amendments are designed to:

Remaking of sunsetting instrument without significant amendments– Department of Communications and the Arts

On 24 September 2019, the Department of Communications and the Arts remade the Broadcasting Services (Transmitter Access) Regulation 2001  under Subclause 47(3) of Part 5 of Schedule 4 of the Broadcasting Services Act 1992 without significant amendment.

Remaking of sunsetting instrument without significant amendments – Department of Communications and the Arts

On 18 September 2019, the Department of Communications and the Arts remade the Determination under paragraph (c) of the definition of “broadcasting service” (No. 1 of 2000)  under the Broadcasting Services Act 1992 without significant amendment for a period of three years.

COAG Decision Regulation Impact Statement – Australian Energy Market Commission

On 24 October 2019, the Australian Energy Market Commission (AEMC) released a final rule determination for the National Electricity Amendment (Transparency of New Projects) Rule 2019 to improve the transparency of new generation projects in the National Electricity Market. The final determination also allows the Australian Energy Market Operator (AEMO) to provide certain information to developers to help with building grid scale resources, such as a generating system. The AEMC has also released the corresponding National Electricity Amendment (Transparency of New Projects) Rule 2019 No.8.

The final rule will: