Published Impact Analyses

Remaking of sunsetting instrument without significant amendments – Therapeutic Goods Administration

On 1 October 2018, the Therapeutic Goods Administration (TGA) remade the Therapeutic Goods Order No. 77 – Microbiological Standards for Medicines, which were due to sunset on 1 October 2018, as the Therapeutic Goods Order No. 98 – Microbiological Standards for Medicines 2018 (TGO 98), with only minor amendments.

TGO 98 specifies the minimum microbiological requirements that a medicine must comply with throughout its shelf life.

Consistent with government best practice regulation requirements for sunsetting instruments, the TGA, after consultation, assessed the order as operating effectively and efficiently. Therefore, a Regulation Impact Statement was not required for the remaking this instrument without significant amendments.

Regulation Impact Statement – Department of Education and Training

On 4 September 2017, the Minister for Education and Training, under subsection 33(1) of the Education Services for Overseas Students Act 2000 (ESOS Act), made the National Code of Practice for Providers of Education and Training to Overseas Students 2018

The National Code sets nationally consistent standards and procedures for registered providers and for persons who deliver education services on behalf of registered providers. Key changes made in the 2018 revision to the Code seek to better support students by:

Independent Review – Department of Health

As part of the 2018-19 Budget, the Australian Government announced the More Choices for a Longer Life Package. The Package contains 42 measures to support Australians to be better prepared to live a healthy, independent, connected and safe life. 

Twelve measures in the Package will be implemented by the Department of Health (the Department) in response to the Legislated Review of Aged Care 2017 (the Tune Review) and the Review of National Aged Care Quality Regulatory Processes (the Carnell-Paterson Review). The Tune and Carnell-Paterson reviews have been certified by the Department as meeting the requirements of a regulation impact statement (RIS). The OBPR does not assess independent reviews.

COAG Consultation Regulation Impact Statement – Council of Australian Governments

The Department of Water and Environmental Regulation (DWER) of the Government of Western Australia has released for public consultation a Regulation Impact Statement (RIS) examining permanent exemption from mutual recognition arrangements for the WA Container Deposit Scheme (CDS). The RIS has been prepared in accordance with Council of Australian Governments (COAG) requirements.

COAG Consultation Regulation Impact Statement – Transport and Infrastructure Council

On 24 July 2018, the Transport and Infrastructure Council of the Council of Australian Governments (COAG) released a Consultation Regulation Impact Statement (RIS) to explore the costs and benefits of options for the implementation of independent price regulation of heavy vehicle charges.

The Transport and Infrastructure Council agreed in May 2015 to a Heavy Vehicle Road Reform program that included in-principle agreement to implement a forward-looking cost base for road expenditure and independent price regulation. The RIS examines two options to progress the implementation of this commitment:

Independent Review (RIS-like process) – Department of Agriculture and Water Resources

On 2 July 2018, the Minister for Agriculture and Water Resources adopted the Basin Plan Amendment Instrument (No.1) 2018 (the Instrument). The Instrument commenced in law on 3 July 2018. The instrument amends the Basin Plan 2012 to implement changes arising from the Northern Basin Review of sustainable diversion limits (SDLs), groundwater reviews and other groundwater amendments and the Australian Government’s response to the independent review of the Water Act 2007 (Cth).

The Instrument has the same effect as the Basin Plan Amendment Instrument 2017 (No.1), which was disallowed by the Parliament on 14 February 2018. 

Regulation Impact Statement – Department of the Treasury

On 21 June 2018, the Government introduced the Treasury Laws Amendment (Protecting Your Superannuation Package) Bill 2018 to limit the erosion of superannuation balances, particularly for low balance and young members.

The amendments cap certain fees on superannuation accounts with balances of less $6,000 to protect them from disproportionately high fees. Under the amendments, trustees are prevented from providing opt‑out insurance to new members aged under 25 years, members with balances below $6,000 and members with inactive accounts.The amendments also ban exit fees on all superannuation products and strengthen the ATO’s role in reuniting small, inactive balances.

Australian Maritime Safety Authority

On 22 June 2018, the Chief Executive Officer of the Australian Maritime Safety Authority (the Authority) made an Order under the Navigation Act 2012 that provides for the certification of vessels that carry livestock and specifies requirements for the carriage and stowage of livestock.

Remaking of Sunsetting Instrument without Significant Amendments – Department of Communications and the Arts

On 19 June 2018 the Minister for Communications remade the Carrier Licence Conditions (Networks supplying Superfast Carriage Services to Residential Customers) Declaration 2014 (the Declaration) without significant amendments.  The Declaration was scheduled to sunset on 30 June 2018.

The Declaration, which is made by the Minister under subsection 63(5) of the Telecommunications Act 1997, was first made in 2014 to impose functional separation and wholesale supply obligations on certain new superfast networks with a view to supporting competition.  It was remade with minor changes to improve transparency in December 2016.

Regulation Impact Statement – Department of Communications and the Arts

On 6 July 2018 the Minister for Communications directed the Australian Communications and Media Authority, in determining procedures to be applied for allocating spectrum in the 3.6 GHz band, to ensure that no person or specified group of persons may use more than an aggregate of 60 MHz of spectrum in each metropolitan area, or an aggregate of 80 MHz in each regional area, in the frequency range 3400-3700 MHz.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Communications and the Arts, and was assessed as compliant with the Government’s RIS requirements by the Office of Best Practice Regulation (OBPR).