Published Impact Analyses

Remaking sunsetting instrument without significant amendments – Department of Infrastructure, Regional Development and Cities

On 22 March 2019, the Department of Infrastructure, Regional Development and Cities (DIRDC) remade the Determination under subsection 15A(3) of the Air Navigation Act 1920, without significant amendment, for a period of 10 years until 1 April 2029.

Air Navigation (Exemption for Commercial Non-Scheduled Flights) Determination 2019 exempts aircraft operators from the requirement to obtain permission from the Secretary of the Department of Infrastructure, Regional Development and Cities for certain categories of commercial international non-scheduled flights. These flights include programs by aircraft with less than 80 seats (with frequency limits), various cargo services and one-off flights. The exemptions provided in the Determination enable operators of such services to respond quickly to industry demand.

Remaking sunsetting instrument without significant amendments – Department of Infrastructure, Regional Development and Cities

On 22 March 2019, the Department of Infrastructure, Regional Development and Cities (DIRDC) remade the Determination under subsection 12(3) of the Air Navigation Act 1920, without significant amendment, for a period of 10 years until 1 April 2029.

Remaking sunsetting instrument without significant amendments – Department of the Treasury

With effect from 1 April 2019, the Department of the Treasury (Treasury) remade the A New Tax System (Goods and Services Tax) Regulations 1999 (the 1999 Regulations), which were scheduled to sunset on 1 April 2019, with only minor amendments. Consequential amendments were also made to other regulations that referenced the 1999 Regulations.

The new A New Tax System (Goods and Services Tax) Regulations 2019 (the 2019 Regulations) improve upon the 1999 Regulations by removing redundant provisions, simplifying language, and restructuring provisions for ease of navigation. Importantly, the 2019 Regulations do not change the substantive meaning or operation of the now repealed 1999 Regulations.

Independent Review - Department of Foreign Affairs and Trade

On 2 April 2019, the Government tabled the text of the Australia-Hong Kong Free Trade Agreement (FTA) in Parliament. This has now been referred to the Joint Standing Committee on Treaties.

The bilateral FTA is expected to:

Independent Review – Department of Agriculture and Water Resources

On 19 March 2019, the Department of Agriculture and Water Resources (the Department) released the final report on the Review of the Australian Standards for the Export of Livestock (ASEL): sea transport, as well as its response.

The review was undertaken to ensure the standards for live exports are fit-for-purpose and reflect the latest science. The review assessed the export of livestock by sea, from sourcing and preparation through to the management of livestock on-board vessels. It also considered outcomes from the review of conditions for the export of sheep to the Middle East during the northern hemisphere summer by Dr Michael McCarthy.

The Review made 49 recommendations in the report. The Department has accepted all the recommendations either in full or in principle. Key recommendations focused on support for animal welfare outcomes, including changes in relation to:

Prime Minister's Exemption - Attorney-General's Department

On 3 April 2019, the Government introduced the Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019 into Parliament.

The Bill will introduce new offences in the Criminal Code to ensure that internet, hosting or content services proactively refer abhorrent violent material to law enforcement, and that hosting and content services expeditiously remove from their platforms abhorrent violent material that is capable of being accessed within Australia.

The Prime Minister granted an exemption from the need to complete a Regulation Impact Statement because there were truly urgent and unforeseen events requiring a decision before an adequate regulatory impact assessment could be undertaken. Consistent with the Australian Government’s RIS requirements, a post-implementation review must be completed by the Attorney‑General’s Department within two years of implementation.

Regulation Impact Statement - Department of Agriculture and Water Resources

On 15 March 2019, the Minister for Agriculture and Water Resources announced the Government will be proceeding with a dairy industry mandatory code of conduct (the code) to help shift the balance in bargaining power back towards dairy farmers. The code will create enforceable minimum standards of conduct for business practices between farmers and processors, and is aimed at improving pricing transparency in the industry. Nine principles will be used to establish the rules of the code, including to:

Regulation Impact Statement – Department of the Environment and Energy

On 4 April 2019, the Government made the Competition and Consumer (Industry Code- Electricity Retail) Regulations 2019 (the Code) under the Competition and Consumer Act 2010. The Code is a mandatory industry code and introduces a Default Market Offer (DMO) price cap and a reference bill on retail electricity prices. The Code will take effect from 1 July 2019 in price-deregulated regions (South Australia, New South Wales, the Australian Capital Territory and South East Queensland).

The DMO places a price cap on electricity retailers’ standing offers. Under this code, retailers will not be able to price their standing offers above the price cap. The objective of the DMO is to reduce incentive for retailers to take advantage of disengaged customers in the market.

Regulation Impact Statement – Department of Communications and the Arts

On 22 June 2017 the Government introduced the Telecommunications Legislation Amendment (Competition and Consumer) Bill 2017 to Parliament.

Amongst other measures, the Bill establishes an ongoing funding arrangement for fixed wireless and satellite infrastructure by imposing a monthly charge on carriers, including NBN Co Ltd, in relation to each premises connected to their network that has an active fixed-line superfast broadband service during the month. Budget funding was considered as an option, but rejected.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Communications and the Arts and has been assessed as compliant and best practice by the Office of Best Practice Regulation (OBPR).

Independent Review – Australian Prudential Regulation Authority (APRA)

On 7 November 2018, APRA released the final version of its prudential standard on information security management in the financial services industry. The standard was developed to increase APRA-regulated entities’ resilience against information security incidents (including cyber-attacks), and their ability to respond swiftly and effectively in the event of a breach.

Prudential Standard CPS 234 Information Security requires APRA-regulated entities to: