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.

Regulation Impact Statement – Department of Communications

On 10 November 2016, the Interactive Gambling Amendment Bill 2016 was introduced in Parliament, following the Review of Illegal Offshore Wagering which found that between $64 and $400 million is spent on illegal online wagering services each year. The Bill amends the Interactive Gambling Act 2001 to prohibit ‘click to call’ in-play betting services and increases powers of the Australian Communications and Media Authority to enforce privisions within the Interactive Gambling Act 2001.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Communications and has been assessed as compliant and best practice by the Office of Best Practice Regulation.

The RIS estimates the preferred option will have an annual average regulatory cost of $58,000 per year, and identifies regulatory offsets.

Regulation Impact Statement – Department of Agriculture and Water Resources

On 20 March 2017, the Government announced a public consultation period on the pre exposure draft legislation to strengthen the management of safety risks for imported food. 

The proposed legislation will increase the accountability of importers, taking into consideration the food safety and regulatory systems in countries of origin and introducing stronger traceability requirements.

A Regulation Impact Statement (RIS) was prepared and certified by the Department of Agriculture and Water Resources, and was assessed as compliant and consistent with best practice by the Office of Best Practice Regulation.

The RIS estimates that the preferred option will have an annual average net regulatory cost of $0.0216 million, and identifies offsets.  

Independent Review – Australian Competition and Consumer Commission

On 3 February 2017, the Australian Competition and Consumer Commission (ACCC) released a report of its final decision to extend Declaration of the wholesale Asymmetrical Digital Subscriber Line (ADSL) service (the Declaration) for five years until 13 February 2022.

Independent Review – Department of Employment

On 1 March 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 was introduced into Parliament.

The Government introduced amendments to the Fair Work Act 2009 to protect workers from exploitation by unscrupulous employers and improve compliance with Australia’s workplace laws.

The Department of Employment certified the following reports as independent reviews which have undertaken a process and analysis equivalent to a RIS:

• The Fair Work Ombudsman’s A Report of the Fair Work Ombudsman’s Inquiry into 7-Eleven, April 2016;

• Senate Standing Committee on Education and Employment’s report titled A National Disgrace: The Exploitation of Temporary Work Visa Holders, March 2016;

• The Productivity Commission’s Productivity Commission Inquiry Report: Workplace Relations Framework, No. 76, November 2015;

COAG Decision Regulation Impact Statement – The Australian Building Codes Board

On 1 March 2017, the Australian Building Codes Board released the final Decision Regulation Impact Statement (RIS) which considers options to mandate automatic fire suppressions systems for covered balconies over 25 meters in effective height.

Regulation Impact Statement for Consultation – Australian Building Codes Board

In March 2017, the Australian Buildings Codes Board (ABCB) released a Council of Australian Governments (COAG) Consultation Regulation Impact Statement (RIS) which considers whether current requirements for temperature control when replacing water heaters in private residences can be improved to further reduce the risk of scalding injuries and fatalities.

The Consultation RIS has been assessed by the OBPR and complies with the COAG requirements for COAG Consultation RISs.

Comments are invited by close of business Friday, 21 April 2017, and can be emailed to abcbris@abcb.gov.au.

Regulation Impact Statement – Department of the Treasury

On 9 February 2017, the Government introduced the Diverted Profits Tax Bill 2017. The bill introduces a 40 per cent tax on diverted profits to encourage greater compliance by large multinational enterprises with their tax obligations in Australia.

A Regulation Impact Statement (RIS) was prepared and certified by the Treasury, and was assessed as compliant and consistent with best practice by the Office of Best Practice Regulation (OBPR).

The diverted profits tax is expected to impose a transitional regulatory burden averaged out to $16.4 million a year over 10 years. The OBPR agreed to the estimated regulatory burden.

Australian Securities and Investments Commission

The Australian Securities and Investments Commission (ASIC) is remaking its Class Order [CO 03/217] Differential fees, which is scheduled to sunset on 1 April 2017, without significant amendments.

Under equal treatment requirements set out in Section 601FC(1)(d) of the Corporations Act 2001, responsible entities are prohibited from charging different fees to members of the same class. Subject to certain conditions, [CO 03/217] allows a responsible entity to discriminate between registered managed investment scheme members in relation to fees.

COAG Decision Regulation Impact Statement – COAG Disability Reform Council

On 9 December 2016, the Council of Australian Governments (COAG) endorsed a 2 September 2016 decision of the COAG Disability Reform Council to adopt a national quality and safeguarding framework to apply to providers of supports under the National Disability Insurance Scheme (NDIS).

The framework is intended to provide a level of consumer protection for participants in the NDIS and includes:

• an independent national complaints and serious incidents system

• worker screening requirements

• national registration and a Code of Conduct for providers