Published Impact Analyses

Non-compliance with COAG’s best practice regulation requirements – Council of Attorneys-General (CAG)

On 29 November 2019, the Council of Attorneys-General (CAG) agreed to pursue a staged approach to enduring power of attorney reform for financial decisions, first focusing on law reforms to support the establishment of a mandatory national register of enduring power of attorney instruments, followed by further consideration of reforms to enhance safeguarding provisions and enhance access to justice arrangements.

COAG best practice regulation requirements apply to decisions by Ministerial Councils or national standard setting bodies where there is a reasonable expectation of widespread compliance, and the expected impacts are not minor or machinery.

Neither a Consultation nor Decision RIS was prepared for the agreement by Ministers.

COAG Decision Regulation Impact Statement – Australian Energy Market Commission

On 5 December 2019, the Australian Energy Market Commission (AEMC) released a final rule determination in which it decided to apply a demand management innovation allowance mechanism (DMIA) to electricity transmission network service providers (TNSPs). 

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

On 5 September 2019, the Governor‑General remade without significant amendments the Product Grants and Benefits Administration Regulations 2000, which were due to sunset on 1 October 2019. The newly remade Product Grants and Benefits Administration Regulations 2019 are scheduled to sunset on 1 October 2029.

The Regulations prescribe additional requirements for registration to be eligible for the product stewardship (oil) benefit under the Product Stewardship (Oil) Act 2000.

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

On 19 September 2019, the Governor‑General made the A New Tax System (Goods and Services Tax) Amendment (Transition) Regulations 2019. The Regulations amend the A New Tax System (Goods and Services Tax) Regulations 2019 to continue provisions from the A New Tax System (Goods and Services Tax Transition) Regulations 2000 that may have some further operation, and which were due to sunset on 1 October 2019.

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.