Published Impact Analyses

Remaking of sunsetting instrument without significant amendments – Department of the Treasury

On 16 September 2019, the Assistant Minister for Finance, Charities and Electoral Matters remade with only minor amendments the Private Ancillary Fund Guidelines 2009, which were due to sunset on 1 October 2019. The newly remade Taxation Administration (Private Ancillary Fund) Guidelines 2019 are scheduled to sunset on 1 October 2029.

The Guidelines set out the rules a private ancillary fund and its trustee must comply with in order for the fund to be endorsed, and remain endorsed, as a deductible gift recipient, as well as set minimum standards for the governance and conduct of private ancillary funds and their trustees.

Remaking of sunsetting instrument without significant amendments – Department of the Treasury

On 5 September 2019, the Governor‑General remade with only minor amendments the A New Tax System (Luxury Car Tax) Regulations 2000, which were due to sunset on 1 October 2019. The newly remade A New Tax System (Luxury Car Tax) Regulations 2019 are scheduled to sunset on 1 October 2029.

The Regulations support the operation of the luxury car tax by:

Remaking of sunsetting instrument without significant amendments – Department of the Treasury

On 5 September 2019, the Governor-General remade with only minor amendments the A New Tax System (Wine Equalisation Tax) Regulations 2000, which were due to sunset on 1 October 2019. The newly remade A New Tax System (Wine Equalisation Tax) Regulations 2019 are scheduled to sunset on 1 October 2029.

The Regulations support the operation of the Wine Equalisation Tax by:

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: