Published Impact Analyses

COAG Consultation Regulation Impact Statement – Legislative and Governance Forum on Consumer Affairs

On 2 May 2018, the Australian Government Department of the Treasury released a Consultation Regulation Impact Statement (RIS) to explore possible options to regulate the expiry period of retail gift cards and vouchers.

The RIS examines options including, the status quo, a prohibition on expiry periods and a mandated minimum three year expiry period with information disclosure requirements. The proposal responds to the issue of loss of value on a gift card which expires unexpectedly or otherwise before it can be used. As the majority of gift cards are bought by someone other than the end user, the recipient may not be adequately informed of the terms and conditions of the card.

Remaking of Sunsetting Instrument Without Significant Amendments - Australian Prudential Regulation Authority

On 21 March 2018 the Australian Prudential Regulation Authority (APRA) remade 34 reporting standards under the Financial Sector (Collection of Data) Act 2001 (FSCODA) without significant amendments. Thirty-three standards apply to authorised deposit-taking institutions and one applies to entities registered under FSCODA known as registered financial corporations. The standards were due to sunset either on 1 April 2018 or 1 October 2018.

The reporting standards collect data for APRA’s supervisory purposes and for statistical purposes, including provision to the Reserve Bank of Australia and the Australian Bureau of Statistics to assist in performing their functions, including producing publicly available reports.

Decision Regulation Impact Statement – COAG Energy Council

On 24 November 2017, the COAG Energy Council agreed to changes to energy efficiency regulation for household refrigerators and freezers.

The changes will tighten Minimum Energy Performance Standard (MEPS) for household refrigerators and freezers to harmonise with MEPS levels adopted by the United States in 2014. In addition, the changes will result in adopting international test standards, rather than the current regional specific Australian and New Zealand test standards, and provide consumers with more representative and comparable information on the in-home energy efficiency of refrigerators and freezers.

Regulation Impact Statement – Department of Health

On 28 March 2018, the Government introduced three Bills into the Parliament as part of implementing reforms to private health insurance announced by the Government on 13 October 2017.

The Private Health Insurance Legislation Amendment Bill 2018, the A New Tax System (Medicare Levy Surcharge – Fringe Benefits) Amendment (Excess Levels For Private Health Insurance Polices) Bill 2018 and the Medicare Levy Amendment (Excess Levels for Private Health Insurance Policies) Bill 2018 seek to make private health insurance policies more understandable and provide better value to consumers, while also helping to reduce costs for health insurers.

Independent Review (RIS-like process) – Department of Foreign Affairs and Trade

On 26 March 2018 the Government tabled the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (TPP-11). The TPP-11 Agreement incorporates the provisions of the Trans-Pacific Partnership (TPP) Agreement by reference, with the exception of a limited set of provisions which are suspended. The original TPP is a regional trade agreement between twelve countries, including Australia. However, the original TPP cannot enter into force without the United States, who does not intend to become a party to the TPP.     

Independent Review – Australian Prudential Regulation Authority

On 23 April 2018, the Australian Prudential Regulation Authority (APRA) released its revised prudential framework for counterparty credit risk for authorised deposit-taking institutions (ADI).

COAG Decision Regulation Impact Statement – COAG Energy Council

On 20 April 2018, the COAG Energy Council agreed to further improve lighting energy efficiency regulation by phasing out inefficient halogen light bulbs in Australia and introducing minimum standards for LED light bulbs in Australia and New Zealand in line with European Union (EU) standards.

The phase out will remove remaining incandescent light bulbs and a range of halogen light bulbs from the Australian market, where an equivalent LED light bulb is available.

Timing of the new regulation will align with revised EU minimum standards that will apply to LED light bulbs (planned for September 2020).  The details of the new EU regulation are expected to be finalised in 2018.

Aircraft Noise Regulations – Department of Infrastructure, Regional Development and Cities

On 29 March 2017, the Department of Infrastructure, Regional Development and Cities (the Department) remade the Air Navigation (Aircraft Noise) Regulations 1984, which were due to sunset on 1 April 2018, as the Air Navigation (Aircraft Noise) Regulations 2018, with only minor amendments.

Australian Grape and Wine Authority Regulations 1981 – Department of Agriculture and Water Resources

On 1 April 2018 the Department of Agriculture and Water Resources remade the Australian Grape and Wine Authority Regulations 1981 as the Wine Australia Regulations 2018 (the regulations) without significant amendment.  

The regulations prescribe certain requirements relating to the export, presentation and labelling of wine, including the registration and use of geographic indicators.

Consistent with Government best practice regulation requirements for sunsetting instruments, the Department of Agriculture and Water Resources, after industry consultation, has certified the regulations as operating effectively and efficiently.

COAG Consultation Regulation Impact Statement – Legislative and Governance Forum on Consumer Affairs

On 9 March 2018, the Australian Government Department of the Treasury released a Consultation Regulation Impact Statement (RIS) on behalf of Consumer Affairs Australia and New Zealand. The RIS explores possible options to amend the consumer guarantees within the Australian Consumer Law (ACL).

The ACL consumer guarantees regime provides a broad, principles-based system of consumer protections and remedies for consumers in relation to defective goods and services. A review of the ACL identified the consumer guarantees had generally been effective, but there were some ongoing difficulties with the operation of the provisions.

Amendments are proposed covering the following matters:

• The threshold in the definition of ‘consumer’.