On 29 October 2014 the Government introduced the Civil Law and Justice Legislation Amendment Bill 2014. A part of this Bill changes the legal deposit requirements. Legal deposit is a requirement under section 201 of the Copyright Act 1968 that publishers deposit a copy of library material to the National Library of Australia (NLA). This requirement currently applies to material that is in print form, published in Australia, and in which copyright subsists. The proposal will enable the NLA to meet its statutory function of providing a comprehensive collection of publications relating to Australia and the Australian people. Currently if a publisher publishes relevant documents in digital-only form they do not need to deposit that material with the NLA.
Published Impact Analyses
Official website for Published Impact Analyses for decisions announced by the Australian Government, Ministerial Forums and National Standard Setting Bodies.
COAG Consultation Regulation Impact Statement – COAG Disability Reform Council
On 5 March 2015, the Australian Government amended the Agricultural and Veterinary Chemicals Code Regulations 1995 in relation to stock food and pet food. The reforms will see lower risk stock foods and pet foods excluded from pre-market assessment and registration by the Australian Pesticides and Veterinary Medicines Authority (APVMA) providing they meet certain requirements relating to claims, labels, manufacture and ingredients. A Regulation Impact Statement (RIS) analysed options for reform of the regulations and recommended self-determination by industry to better align regulatory effort with risks. The Office of Best Practice Regulation (OBPR) has agreed to regulatory cost savings of $7.8 million per annum. The RIS was prepared by the Department of Agriculture and assessed as compliant and consistent with best practice by the OBPR.
On 28 November 2013 the Australian Building Codes Board (ABCB) agreed to introduce a requirement in the Building Code of Australia to require interconnection of smoke alarms in dwellings and sole-occupancy units. This change took effect from 1 May 2014. The Building Code of Australia (BCA), which is part of the National Construction Code (NCC) series, requires smoke alarms, a smoke alarm system or a smoke detection system to be installed throughout new Class 1 dwellings, within sole-occupancy units of Class 2 or 3 buildings and in a Class 4 part of a building (buildings in which occupants sleep). Smoke alarms installed to comply with the BCA provisions are required to be located in strategic positions such as hallways serving bedrooms, in order to facilitate an early response by occupants to a fire within a dwelling.
On 17 October 2014, the Australian Government announced amendments to the regulatory framework for in-vitro diagnostic medical devices (IVDs) to overcome previously unanticipated problems when previous regulatory changes were introduced in 2010. IVDs are pathology tests and related instrumentation used to carry out testing on human samples. They are typically used in diagnostic pathology laboratories, other laboratories (blood and tissue screening laboratories), at point of care, and in some cases, in the home. The safety and quality of IVDs are regulated by the Therapeutic Goods Administration (TGA). Prior to 2010, the level of IVD regulation in Australia was very limited.
The Australian Communications and Media Authority (ACMA) remade one sunsetting legislative instrument without significant amendments on 20 February 2015: the Radiocommunications Licence Conditions (Apparatus Licence) Determination 2015. The instrument seeks to address public health concerns with exposure to electromagnetic radiation from telecommunications transmitters. Exposure limits are drawn from the Radiation Protection Standard for Maximum Exposure Levels to Radiofrequency Fields—3 kHz to 300 GHz published by the Australian Radiation Protection and Nuclear Safety Agency (the ARPANSA Standard). In line with the Australian Government best practice regulation requirements for sunsetting legislative instruments, the ACMA has assessed the operation of this instrument in consultation with affected stakeholders and has certified that the instrument is operating efficiently and effectively.
Regulation Impact Statement – Department of Agriculture
On 14 January 2015, the Minister for Agriculture wrote to Citrus Australia Limited (CAL), the Australian Horticultural Exporters Association and the export control body, Horticulture Innovation Australia Limited, advising of his decision to extend the horticulture export efficiency powers (EEPs) for a further two years, to 31 January 2017. EEPs had been due to terminate on 31 January 2015. The EEPs allow horticultural industries to apply to the government for conditions to be placed on horticultural produce exported from Australia such as:
- requiring the use of specific importing or exporting agents;
- establishing quality, colour, shape or size standards for produce; and
- requiring exporting businesses to participate in an approved export program.
A regulation impact statement (RIS) was completed in December 2014, which presented 3 options:
On 3 December 2014, the Parliamentary Secretary to the Minister for Communications introduced legislation containing a range of proposals to combat cyber-bullying and provide a safer online environment for children. The proposals included the establishment of the Children's e‑Safety Commissioner and setting out the Commissioner's functions and powers, and are supported by a range of non regulatory actions including an education and awareness raising campaign. The proposals were informed by public and industry consultation conducted throughout 2014. The proposals have been assessed as likely to have a measurable but contained impact on the economy. A Regulation Impact Statement (RIS) was prepared and certified by the Department of Communications and has been assessed as compliant by the Office of Best Practice Regulation (OBPR).
On 30 October 2014 the Attorney-General and the Minister for Communications announced the introduction of the Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2014. The Australian Government’s Guide to Regulation (Guide) states that the choice of Regulation Impact Statement (RIS) appropriate to the task is up to the agency in conjunction with the OBPR. The Attorney-General’s Department chose to complete a short-form RIS for the proposal to implement a mandatory data retention regime. The Department is compliant with the RIS requirements. This web post responds to a request from a stakeholder consistent with the Government’s User Guide to the Australian Government Guide to Regulation (page 8)
On 11 February 2015 the Prime Minister, Treasurer and the Minister for Agriculture announced changes to the screening arrangements for foreign investment in Australia’s agricultural sector. The Australian Government’s Guide to Regulation (Guide) states that the choice of Regulation Impact Statement (RIS) appropriate to the task is up to the agency in conjunction with the Office of Best Practice Regulation (OBPR). The Department of the Treasury chose to complete a short-form RIS for the proposed changes to the foreign investment screening arrangements. It was the OBPR’s view that for this proposal a standard-form RIS would have been consistent with best practice. The Department is compliant with the RIS requirements.