Published Impact Analyses

Regulation Impact Statement for Consultation – Department of Agriculture and Water Resources

On 30 March 2017, the Department of Agriculture and Water Resources released a consultation Regulation Impact Statement (RIS) on the management of its export quotas.

The RIS examines the effectiveness and efficiency of the existing Tariff Rate Quota (TRQ) administration. It furthermore identifies areas where TRQ management can be improved.

Details of the consultation process on the RIS can be found on the Department’s website. Submissions close on Friday 31 May 2017.

The RIS has been certified by the Department and was subject to an early assessment by the OBPR.

NATIONAL HEALTH (PHARMACEUTICAL BENEFITS) REGULATIONS 1960

The National Health (Pharmaceutical Benefits) Regulations 2017 (F2017L00313) came into effect on 1 April 2017. The Regulations replace the National Health (Pharmaceutical Benefits) Regulations 1960 which were due to sunset on that date. The Regulations are essential to the ongoing administration and delivery of the Pharmaceutical Benefits Scheme (PBS) and were remade without significant amendment.

Consistent with the Australian Government’s best practice regulation requirements for sunsetting instruments, the Department of Health has assessed that the regulations are operating effectively and efficiently. Therefore, under the Government’s best practice requirements, a Regulation Impact Statement (RIS) is not required for remaking this Regulation.

Royal Commission into Trade Union Governance and Corruption – Department of Employment

On 22 March 2017, the Government introduced the Fair Work (Corrupting Benefits) Bill 2017 (the Bill) into the House of Representatives.   

The Bill will amend the Fair Work Act 2009 in response to recommendations 40, 41 and 48 of the Final Report of the Royal Commission into Trade Union Governance and Corruption (TURC Report), to promote better governance of registered organisations. 

Department of Employment (the Department) has certified that the TURC Report has followed a process and analysis equivalent to a Regulation Impact Statement as set out in the Australian Government Guide to Regulation. The Department is therefore compliant and consistent with best practice. The Office of Best Practice Regulation (OBPR) does not assess independent reviews.

COAG Decision Regulation Impact Statement – Food Standards Australia New Zealand

On 9 March 2017, Food Standards Australia New Zealand approved a draft variation to the Australia New Zealand Food Standards Code, with a 12-month transition period, to regulate food containing lupin as an allergen.

The Decision Regulation Impact Statement (RIS) for Lupin as an Allergen was released on 23 March 2017.

Lupin is an emerging food allergen of public health significance in Australia. Lupin belongs to the group of plants known as legumes and therefore contains proteins which are similar to those found in other legumes such as peanut and soy. Like proteins in peanut and soy, proteins present in lupin can also be an allergen for some members of the community.

Independent Review – Department of Foreign Affairs and Trade

On 20 March 2017, the Minister for Trade, Tourism and Investment the Hon Steven Ciobo MP tabled the text of the Agreement to Amend the Singapore Australia Free Trade Agreement (SAFTA) in the Parliament.

Regulation Impact Statement – Australian Securities and Investment Commission

On 27 March 2017, the Australian Securities and Investment Commission (ASIC) released guidance on risk management systems of responsible entities.

Australian financial services (AFS) licensees have an ongoing legal obligation to have adequate risk management systems in place. The released guidance on risk management systems provides tailored guidance for responsible entities on how to meet the obligation, and seeks to set minimum standards and address inconsistencies among existing arrangements of various responsible entities.

Department of the Treasury

On 4 April 2017, the Treasurer prescribed the Competition and Consumer (Industry Code—Sugar) Regulations 2017 (‘the Code’) as a mandatory industry code under the Competition and Consumer Act 2010.

The Code:

• provides for an arbitration process for supply contracts between sugar suppliers and millers;

• provides for an arbitration process for on-supply agreements between millers and marketers; and

• ensures that growers have a right to choose who markets their sugar.

COAG Energy Council

On 14 December 2016, the Council of Australian Governments (COAG) Energy Council agreed to implement a compulsory arbitration framework for gas pipeline access.

In making this decision the COAG Energy Council did not comply with the Council of Australian Governments’ best practice regulation requirements to prepare a Regulation Impact Statement (RIS).

Class Order Relief for Business Introduction or Matching Services – Australian Securities and Investments Commission

On 29 March 2017, the Australian Securities and Investments Commission (ASIC) remade the Class Order (CO 02/273) without significant amendments.

The Class Order 02/273 provides conditional exemptions from the fundraising and debenture requirements in the Corporations Act 2001 (the Act) for persons involved in making or calling attention to offers of securities through a business introduction service. It intends to facilitate the growth of small and medium enterprises (SMEs) by reducing the regulatory burden of small-scale fundraising and assist SMEs to locate potential investors.

Post-implementation Review – Department of Defence

On 8 August 2014 the Defence Legislation Amendment (Woomera Prohibited Area) Act 2014 received royal assent. The Act amended the Defence Act 1903 to establish a regulatoryframework to administer access to the Woomera Prohibited Area (WPA) following recommendations made in the Government Review of the Woomera Prohibted Area 2011.

A Regulation Impact Statement was required, however exceptional circumstances were granted by the then Prime Minister. Consequently, a post-implementation review (PIR) was required.