Published Impact Analyses

Health Insurance (Approval of Billing Agents) Guidelines (No. 1) 2004 and the Health Insurance (Billing Agents – Conditions of Approval) Determination (No. 1) 2004 – Department of Health

On 1 October 2017, the above legislative instruments were scheduled to sunset. However the Department of Health has decided to remake and combine the instruments as the Health Insurance (Approved Billing Agents) Instrument 2017, without significant amendments.  

The guidelines provide rules that the Health Insurance Commission must comply with when considering whether to approve a person or body as a billing agent. The determination sets out the conditions to which approval of a billing agent under section 20AB of the Health Insurance Act 1973 is subject.

Regulation Impact Statement – Department of the Treasury

On 19 October 2017 the Government introduced the Treasury Laws Amendment (Banking Measures No 1) Bill 2017 to Parliament.

The Bill amends the Banking Act 1959 to provide the Australian Prudential Regulation Authority (APRA) with the power to make rules that would apply to the provision of finance by lenders that are not Authorised deposit-taking institutions (non-ADI lenders).  In the first instance, non-ADI lenders that meet appropriate criteria will need to register with APRA.  APRA would also have the power to make other rules applying to non-ADI lenders to promote financial system stability should circumstances warrant.

Health Insurance (Approved Pathology Undertakings) Approval 2002 – Department of Health

On 1 October 2017, the above legislative instrument was scheduled to sunset. However the Department of Health has decided to remake the instrument without significant amendments.  

The instrument provides the approved form of undertaking to be given by persons who wish to become approved pathology practitioners or approved pathology authorities under the Health Insurance Act 1973.

Consistent with Government best practice regulation requirements for sunsetting instruments, The Department of Health, after consultation, has assessed the instrument as operating effectively and efficiently. Therefore, a Regulation Impact Statement is not required for remaking this instruments without significant amendments.

Regulation Impact Statement - Department of Infrastructure and Transport

The Minister for Infrastructure and Transport has made Regulations to strengthen airside security at Australia’s nine major airports. The regulations require screening on entry to and within security restricted areas (SRAs) applied randomly and unpredictably, identification checks to verify a person’s identity and authority to be in the SRA, and security awareness training for airport and airline workers who conduct regular duties within the SRA.

The regulations provide for the most flexible and effective arrangement to comply with international standards and reduce the risk of unlawful interference from insiders. The regulations will result in additional regulatory costs of $720,000 per annum.

Regulation Impact Statement – Department of Communications and the Arts

On 15 June 2017 the Government introduced the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017 to Parliament.

Regulation Impact Statement – Department of the Treasury

On 19 October 2017, the Government introduced the Treasury Laws Amendment (Banking Executive Accountability and Related Measures) Bill 2017 to establish a strengthened responsibility and accountability framework for the most senior and influential executives and directors in Authorised Deposit-taking Institutions (ADIs) and their subsidiaries – the Banking Executive Accountability Regime (BEAR).

Key features of BEAR:

• ADIs are required to register their accountable persons – the senior executives and directors who influence the conduct and behaviours of staff – with the Australian Prudential Regulation Authority (APRA).

• Accountability obligations, including standards of behaviour and conduct, are specified for accountable persons.

Regulation Impact Statement – Department of the Treasury

On 14 September 2017, the Government introduced the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017, which among other things contains a proposal to require superannuation funds to hold annual members’ meetings (AMMs).

The proposal seeks to increase engagement of members with their superannuation funds and the accountability of fund trustees. Accordingly, the AMMs are intended to discuss the key aspects of the fund and provide members with a forum to ask questions about all areas of the fund’s performance and operations. The requirement gives trustees flexibility over how AMMs are conducted, including through holding virtual meetings.

Regulation Impact Statement – Department of Industry, Innovation and Science

On 13 September 2017, the Government introduced the Customs Amendment (Anti-Dumping Measures) Bill 2017, which is intended to provide legal certainty to use additional methodologies to determine an export price for goods subject to an anti-dumping measures review where the foreign exporter does not export the goods, or exports low volumes, during the review period.

The change addresses situations where the actions of a foreign exporter during the period examined for the purpose of the anti-dumping measures review mean that the export price of the goods cannot be reliably determined. These actions result in the application of reduced rates of duty, as provided for by the existing law, that do not remedy the effects of dumping.

During 3 to 24 October 2017 the Department of Employment undertook targeted confidential consultation on proposed amendments to the Safety, Rehabilitation and Compensation Act 1988.

The proposed reforms are aimed at improving early intervention and rehabilitation, the effectiveness of claims management and dispute resolution and the quality of medical treatment and household and attendant care.

A Regulation Impact Statement (RIS) was prepared by the Department of Employment for the consultation. The RIS has been certified by the Department and was subject to an early assessment by the OBPR.

Independent Review – Department of Immigration and Border Protection

On 15 June 2017, the Minister for Immigration and Border Protection tabled the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill in Parliament.

The Department of Immigration and Border Protection certified the Final Report of the National Consultation on Citizenship entitled Australian Citizenship – Your Right, Your Responsibility as having undertaken a process and analysis equivalent to a Regulation Impact Statement (RIS).