Published Impact Analyses

Remaking sunsetting instrument without significant amendments – Department of Health

On 21 March 2019, the Department of Health (the Department) remade the Therapeutic Good Order No. 78 (the Order) without significant amendment.

The remade Order, Therapeutic Goods (Standard for tablets, capsules and pills) Order 101, reflects changes made to the Therapeutic Goods Act 1989 since commencement of TGO 78 in 2009. It offers sponsors a choice to stay with existing requirements or to use requirements set out in an applicable monograph in the British Pharmacopeia (BP), the European Pharmacopoeia (EP) or the United States Pharmacopeia - National Formulary (USP).

On 3 April 2019, the Minister for Agriculture and Water Resources made the Water Charge Amendment Rules 2019. 

The amendments update the water charge rules to improve pricing transparency and make it easier for operators to comply by:

• combining the three sets of water charge rules administered by the Australian Competition and Consumer Commission (ACCC) into one instrument;
• making schedule of charges requirements clearer;
• simplifying the calculation and enhancing the transparency of termination fees; and
• simplifying the regulatory framework by largely returning the regulation of water infrastructure charges levied by on-river infrastructure operators back to Basin States, subject to an appropriate State regulatory framework being in place.

The changes will commence on 1 July 2020.

COAG Decision Regulation Impact Statement – Legislative and Governance Forum on Gene Technology

On 8 April 2019, the Legislative and Governance Forum on Gene Technology agreed to technical amendments to Regulations made under the Gene Technology Act 2000.

The technical amendments seek to address ambiguities in the regulations, update the categorisation of contained dealings with GMOs and clarify the regulatory status of organisms derived from GMOs.

The Office of the Gene Technology Regulator was compliant with the COAG Best Practice Regulation requirements, preparing Consultation and Decision RISs.

COAG Decision Regulation Impact Statement – COAG Energy Council

On 19 December 2018, the COAG Energy Council agreed to more stringent Minimum Energy Performance Standards (MEPS) for air conditioners. Specific changes include: applying MEPS to single duct portable air conditioners, increasing MEPS for air conditioners with a capacity greater than 65 kW, reducing MEPS for double duct portable air conditioners, and adopting the Seasonal Energy Efficiency Ratio (SEER) standard for rating air conditioner energy efficiency on the energy rating label. The Council also agreed to increase New Zealand’s residential cooling MEPS to Australia’s levels.

The Department of the Environment and Energy was compliant with the COAG Best Practice Regulation requirements, preparing Consultation and Decision RISs.

Independent Review – Department of the Treasury

On 13 February 2019, the Government introduced legislation to provide a consumer data right (CDR) over banking data for individuals and businesses.

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: