Published impact analyses

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:

Remaking of sunsetting instrument without significant amendments– Department of Communications and the Arts

On 24 September 2019, the Department of Communications and the Arts remade the Broadcasting Services (Transmitter Access) Regulation 2001  under Subclause 47(3) of Part 5 of Schedule 4 of the Broadcasting Services Act 1992 without significant amendment.

Remaking of sunsetting instrument without significant amendments – Department of Communications and the Arts

On 18 September 2019, the Department of Communications and the Arts remade the Determination under paragraph (c) of the definition of “broadcasting service” (No. 1 of 2000)  under the Broadcasting Services Act 1992 without significant amendment for a period of three years.

COAG Decision Regulation Impact Statement – Australian Energy Market Commission

On 24 October 2019, the Australian Energy Market Commission (AEMC) released a final rule determination for the National Electricity Amendment (Transparency of New Projects) Rule 2019 to improve the transparency of new generation projects in the National Electricity Market. The final determination also allows the Australian Energy Market Operator (AEMO) to provide certain information to developers to help with building grid scale resources, such as a generating system. The AEMC has also released the corresponding National Electricity Amendment (Transparency of New Projects) Rule 2019 No.8.

The final rule will:

COAG Consultation Regulation Impact Statement – Australian Energy Market Commission

On 24 October 2019, the Australian Energy Market Commission (AEMC) released a draft rule determination for the National Electricity Amendment (Improving Transparency and Extending Duration of MT PASA) Rule to improve transparency of the medium-term (MT) projected assessment of system adequacy (PASA) process, reduce asymmetry of generation availability information in the market, and extend the MT PASA duration to three years. The AEMC also released a corresponding Draft National Electricity Amendment (Improving Transparency and Extending Duration of MT PASA) Rule 2019 for consultation.

The draft rule will better contribute to the achievement of the National Electricity Objective (NEO) and is likely to provide further benefits including:

COAG Consultation Regulation Impact Statement - National Transport Commission

On 24 October 2019, the National Transport Commission released a Consultation Regulation Impact Statement (RIS), Barriers to the safe use of personal mobility devices. The RIS proposes and explores options for regulatory frameworks to be included in the Australia Road Rules (ARRs), to improve accessibility and safety on roads and paths for users of personal mobility devices (PMDs).  The options set out requirements for PMDs including motor type, braking, dimensions and weight.

The Office of Best Practice Regulation assessed the RIS as compliant in accordance with the Council of Australian Government Best Practice Regulation requirements.

Submissions are invited on the RIS by 13 December 2019.

Remaking sunsetting instrument without significant amendments – Australian Securities and Investments Commission

On 12 September 2019, the Australian Securities and Investments Commission (ASIC) remade Class Order [CO 09/552] Changing scheme constitutions as ASIC Corporations (Changing Scheme Constitutions) Instrument 2019/700. [CO 09/552] was due to sunset on 1 October 2019.

Independent Review – Australian Competition and Consumer Commission

On 10 October 2019, the Assistant Treasurer made a mandatory safety standard to apply to new and imported second-hand motorised quad bikes (also known as all-terrain vehicles or ATVs), the Consumer Goods (Quad Bikes) Safety Standard 2019.

COAG Consultation Regulation Impact Statement - Governance Forum on Consumer Affairs (CAF)

On 3 October 2019, the Department of Industry, Innovation and Science released a Council of Australian Government’s Regulation Impact Statement (RIS) for consultation on appropriate Country of Origin Labelling for Australian complementary medicines.

The RIS considers the tension between regulation of certain complementary medicines manufactured in Australia under one Australian Law and regulated by the Therapeutic Goods Administration; and under the Australian Consumer Law and eligibility requirements for access to the Australian Made, Australian Grown (AMAG) logo when making an origin claim.