Published Impact Analyses

Remaking sunsetting instrument without significant amendments – Department of Defence

On 28 March 2019, the Department of Defence (Defence) remade the Defence and Strategic Goods List 1996, which was due to sunset on 1 April 2019, with only minor amendments. The newly remade Defence and Strategic Goods List 2019 (DSGL) will now sunset on 1 April 2029.

The DSGL lists the military and dual-use goods and technology that are subject to Australian export control regulation. The content of the DSGL is primarily drawn from regularly updated control lists of four international export control regimes to which Australia is a member:

Prohibiting energy market misconduct

On 18 September 2019, the Government reintroduced the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019 to establish a legislative framework to address misconduct identified by the Australian Competition and Consumer Commission’s (ACCC) Electricity Price Monitoring Inquiry.

The Bill was previously tabled in December 2018, and was accompanied by a Regulation Impact Statement (RIS) that had been assessed by the OBPR.

The current Bill (2019) contains amendments to the Bill (tabled in 2018) that clarify the operation of the Bill and improve the ability of companies and regulators to implement it.

The amendments include:

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 15 August 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Electricity Amendment (Threshold for Participant Compensation Following Market Intervention) Rule 2019 (draft determination). The AEMC has also released the corresponding Draft National Electricity Amendment (Threshold for Participant Compensation Following Market Intervention) Rule 2019 for consultation.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 15 August 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Electricity Amendment (Application of the Regional Reference Node Test to the Reliability and Emergency Reserve Trader) Rule 2019 (draft determination) to create transparency, predictability and consistency for the market, and remove as far as possible the need for Australian Energy Market Operator (AEMO) to exercise discretion in determining how to apply the test. The AEMC has also released the corresponding Draft National Electricity Amendment (Application of the Regional Reference Node Test to the Reliability and Emergency Reserve Trader) Rule 2019 for consultation.

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 5 September 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Gas Amendment (DWGM Improvement to AMDQ Regime) Rule 2019 (draft determination). This is to amend the National Gas Rules to replace the current authorised maximum daily quantity (AMDQ) regime in the Victorian declared wholesale gas market (DWGM) with a new entry and exit capacity certificates regime. The AEMC has also released the corresponding Draft National Gas Amendment (DWGM Improvement to AMDQ Regime) Rule 2019 for consultation.

The Commission's draft rule will:

On 5 September 2019, the Australian Energy Market Commission (AEMC) released the draft rule determination for the National Gas Amendment (DWGM Simpler Wholesale Price) Rule 2019 (draft determination). This is to amend the National Gas Rules (NGR), in relation to the Victorian Declared Wholesale Gas Market (DWGM). The AEMC has also released the corresponding Draft National Gas Amendment (DWGM Simpler Wholesale Price) Rule 2019 for consultation.

The Commission's draft rule will:

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.