Post-implementation Reviews: Required
The status of PIRs required is updated regularly as the Office of Best Practice Regulation
receives information from departments and agencies.
In total, 92 PIRs have been required under the Australian Government’s PIR requirements.
To date 45 PIRs have been completed and published on the OBPR website.
As at the week ending 18 February 2016, there are 31 instances where the regulation has
been implemented and a PIR still requires completion, and in five instances the relevant
measure has not yet been implemented. Eleven PIRs are currently non-compliant as they
were not completed in the required timeframe.
Information on PIRs that are completed and published can be found in the associated table,
Post-implementation Reviews: Completed and Published.
The post-implementation review guidance note1 provides advice on the preparation of PIRs
and compliance with the Government’s requirements.
Table 1: Post-implementation review status and compliance
PIR Status
1
Compliant
Non-compliant
TOTAL
Not implemented
5
0
5
Implemented
31
11
42
TOTAL
36
11
47
This guidance note was revised in February 2016.
Page 1 of 9
Contents
Australian Accounting Standards Board ............................................................................. 3
Australian Prudential Regulation Authority ......................................................................... 3
Department of Communications and the Arts ..................................................................... 3
Department of Defence ...................................................................................................... 4
Department of Education and Training ............................................................................... 4
Department of Employment ............................................................................................... 5
Department of the Environment ......................................................................................... 6
Department of Foreign Affairs and Trade ........................................................................... 6
Department of Health ......................................................................................................... 6
Department of Immigration and Border Protection ............................................................. 7
Department of Infrastructure and Regional Development ................................................... 7
Department of Social Services ........................................................................................... 7
The Treasury ..................................................................................................................... 8
Cross Portfolio - Department of Defence/Department of Industry, Innovation and Science 9
Page 2 of 9
Australian Accounting Standards Board
Title of regulatory proposal
Description of regulatory proposal
Amendments to Australian Accounting Standards
(AASB) 1 & 7
Amendments to disclosure requirements around
transfers of financial assets.
Reducing the Financial Reporting Burden: A Second
Tier of Requirements for General Purpose Financial
Statements
Provides a second tier of requirements for general
purpose financial statements to reduce the financial
reporting burden.
Reason for Implementation
PIR
date
Due Date
PIR
Compliance
NonNovember 2010
Compliance
June 2015a
Compliantb
NonCompliance
June 2015c
NonCompliantd
June 2010
a The OBPR agreed to the AASB’s request to defer the commencement date for the PIR to allow necessary data to be available for the review, having regard to the
financial cycle for the relevant requirements.
b Completed but not yet published.
c The OBPR agreed to the AASB’s request to defer the commencement date for the PIR to coincide with an expected review of the relevant standards by the International
Accounting Board.
d The AASB has advised that it is preparing a PIR of this decision. The PIR is expected to be completed by 30 June 2016.
Australian Prudential Regulation Authority
Title of regulatory proposal
Description of regulatory proposal
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
Substantial
Impact
January 2014
January
2019
Compliant
Due Date
PIR
Compliance
Implementing Basel III Liquidity Reforms in Australia
Implements reporting and liquidity governance requirements
for Authorised Deposit-taking Institutions (ADIs) in Australia.
Department of Communications and the Arts
Title of regulatory proposal
Description of regulatory proposal
Reason for Implementation
PIR
date
National Broadband Network (NBN) Decisionsa,b
Decisions in response to the establishment of the NBN.
E/c
April 2009
July 2014b
NonCompliantc
Decisions in response to NBN implementation review.
E/c
December 2010
July 2014b
NonCompliantc
E/c
June 2016
June 2018
Compliant
Improved Competition in Telecommunications
Marketsa
Proposes structural or functional separation of Telstra
wholesale and retail operations.
Page 3 of 9
Title of regulatory proposal
Reason for Implementation
PIR
date
Due Date
PIR
Compliance
Noncompliance
July 2013
July 2015
NonCompliant
Introduction of Australian content requirements.
E/c
January 2013
January
2015
Decision not to issue spectrum or broadcast licenses for
a fourth ‘free to air’ television network.
E/c
March 2013
March 2015
NonCompliance
June 2010
June 2013e
Description of regulatory proposal
Problem Gamblinga
Ban the promotion of live odds during sports coverage.
Convergence Reviewa
Resale Royalty Right for Visual Artists Bill 2008d
Establishes an inalienable resale royalty right for visual artists.
NonCompliant
NonCompliant
NonCompliant
a These matters were previously reported under the Department of Broadband, Communications and the Digital Economy. However, on 18 September 2013 these matters
were transferred to the Department of Communications.
b Three statutory reviews will be collectively assessed in relation to the NBN PIR requirements.
c Completed but not yet published.
d These matters were previously reported under the Attorney-General‘s Department. However on 20 September 2015 these matters were transferred to the Department of
Communications and the Arts.
e OBPR agreed that the commencement of this PIR could be delayed to allow the agency to collect data. However, the PIR was not completed by the revised due date.
E/c Exceptional circumstances were granted by the Prime Minister.
Department of Defence
Title of regulatory proposal
Description of regulatory proposal
Reason for Implementation
PIR
date
Due Date
PIR
Compliance
NonCompliance
June 2015
Complianta
Due Date
PIR
Compliance
January
2016
Compliantb
Defence Trade Cooperation Treaty with the United
States
Removes the administrative delays associated with the
existing Australian and US export licensing systems,
while ensuring that sensitive defence technology is
appropriately protected.
June 2013
a Completed but not yet published.
Department of Education and Training
Title of regulatory proposal
Description of regulatory proposal
Australian Education Regulationa
Regulations to prescribe the conditions placed on schools for
Commonwealth financial assistance.
Reason for Implementation
PIR
date
NonCompliance
January 2014
Page 4 of 9
Title of regulatory proposal
Description of regulatory proposal
Reason for Implementation
PIR
date
Due Date
PIR
Compliance
..
Compliant
Higher Education Reforms
Reforms to higher education sector, including
deregulation of tuition fees, changes to Government
subsidies and extension of demand driven funding
system.
Substantial
Impact
Not
implemented
a This matter was previously reported under the Department of Education, Employment and Workplace Relations. However, on 18 September 2013 this matter was
transferred to the Department of Education.
b Completed but not yet published.
.. Not applicable
Department of Employment
Title of regulatory proposal
Description of regulatory proposal
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
E/c
July 2013
July 2015
January 2014
January
2016
Compliant
July 2013
July 2015
Compliantd
Amendments to the Fair Work Act 2009a,b, d
Expands the scope of who can request flexible working
arrangements.
Compliantd
Requires employers to consult on roster changes and
consider the impacts on families.
E/c
Ensures employees would not lose unpaid parental leave
when taking special maternity leave.
E/c
Provides pregnant employees with less than 12 months
service the right to transfer to a safe job.
E/c
July 2013
July 2015
Compliantd
Increases the maximum period of concurrent unpaid
parental leave from four to eight weeks.
E/c
July 2013
July 2015
Compliantd
Creates a definition of workplace bullying and allowing an
employee who has suffered bullying at work the right to
seek an order from the Fair Work Commission.
E/c
January 2014
January
2016
Compliant
Amends right of entry provisions in relation to the location
of discussions and interviews, as well as transport and
accommodation arrangements for the facilitation of entry
to premises in remote areas by permit holders.
E/c
January 2014
January
2016
Compliant
Requires the Fair Work Commission to take into account
the need to provide additional remuneration for
employees working overtime; unsocial, irregular or
unpredictable hours; working on weekends or public
holidays; or working shifts when making or varying a
modern award.
E/c
January 2014
January
2016
Compliant
Amendments to bargaining for greenfields agreements.
E/c
Not
implemented
..
Compliante
a These matters were previously reported under the Department of Education, Employment and Workplace Relations. However, on 18 September 2013 these matters
were transferred to the Department of Employment.
b These measures relate to two decisions to amend the Fair Work Act 2009 announced in 2013-14.
c As a result of changes to the timing requirements for PIRs, the OBPR provided the department with an extension to the revised deadline for this PIR under transitional
arrangements for the new requirements.
d Completed but not yet published.
e The Department of Employment has confirmed that these amendments do not reflect Government policy and will not be progressed. As such this PIR does not need to
be completed.
E/c Exceptional circumstances were granted by the Prime Minister.
..
Not applicable
Page 5 of 9
Department of the Environment
Title of regulatory proposal
Description of regulatory proposal
Reason for Implementation
PIR
date
Due Date
PIR
Compliance
New fishing activities of size and scale
unprecedented in Commonwealth marine areasa
Extension of legislative powers available under the
Environment Protection and Biodiversity Conservation
Act 1999.
E/c
September 2012
June 2015b
NonCompliant
E/c
June 2013
June 2015
NonCompliant
Greater Protection for Water Resourcesa
Amending national environmental law to require federal
assessment and approval of coal seam gas and large
coal mining developments that have a significant impact
on a water resource.
a These matters were previously reported under the Department of Sustainability, Environment, Water, Population and Communities. However, on 18 September 2013
these matters were transferred to the Department of the Environment.
b The OBPR provided the Department with an extension to finalise the PIR for this proposal.
E/c Exceptional circumstances were granted by the Prime Minister.
Department of Foreign Affairs and Trade
Title of regulatory proposal
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
Substantial
December 2015
Impact
December
2020
Compliant
Description of regulatory proposal
China-Australia Free Trade Agreement (ChAFTA)
Conclusions of negotiations on the China-Australia Free
Trade Agreement
Japan Australian Economic Partnership Agreement
(JAEPA)
Conclusion of negotiations on the Japan-Australia
Economic Partnership Agreement
Substantial
Impact
January 2015
January
2020
Compliant
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
E/c
July 2012
June 2015b
NonCompliant
June 2015c
Compliantd
Department of Health
Title of regulatory proposal
Description of regulatory proposal
Fairer Private Health Insurance Incentives Bill 2009a
Introduces three new private health insurance incentive
tiers.
Tobacco Plain Packaginga
Requires plain packaging for tobacco products.
NonDecember 2012
compliance
a These matters were previously reported under the Department of Health and Ageing. However, on 18 September 2013 these matters were transferred to the Department
of Health.
b The OBPR provided the Department with an extension to finalise the PIR for this proposal.
c The OBPR has granted an extension to the due date for this PIR to June 2015 to enable the inclusion of relevant material expected to be available in the first half of
2015.
d Completed but not yet published.
E/c Exceptional circumstances were granted by the Prime Minister
Page 6 of 9
Department of Immigration and Border Protection
Title of regulatory proposal
Description of regulatory proposal
Reforms to the Temporary Work (Skilled) (Subclass
457) Visa Programa
Several measures to tighten foreign temporary skilled
work visa obligations.
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
Noncompliance
July 2013
July 2015
NonCompliantb
E/c
November 2013
November
2015
Compliantb
Noncompliance
Not
Implementedd
..
Compliant
Labour Market Testing for 457 Visa Sponsorsa
Introduces labour market testing requirements for
prospective 457 visa sponsors.
Organised Crime on the Waterfrontc
A package of measures to combat organised crime and
strengthen security on the waterfront.
a This matter was previously reported under the Department of Immigration and Citizenship. However, on 18 September 2013 this matter was transferred to the
Department of Immigration and Border Protection.
b The Department has provided a PIR for the OBPR’s assessment.
c Responsibility for this PIR was transferred from the Attorney-General’s Department to the Department of Immigration and Border Protection.
d Although certain parts of this package have already been implemented, the main regulatory aspects have not yet been implemented.
E/c Exceptional circumstances were granted by the Prime Minister.
.. Not applicable
Department of Infrastructure and Regional Development
Title of regulatory proposal
Description of regulatory proposal
Coastal Shipping Reform
Amend arrangements for vessels and crew trading
between Australian ports.
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
Substantial
Impact
Not
Implemented
..
Compliant
E/c
August 2014
August 2016
Compliant
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
Noncompliance
February 2014
February
2016
Compliantb
Qantas Sale Amendment Bill 2014
Remove the foreign ownership and other restrictions that
apply to Qantas but do not apply to other airlines based in
Australia
E/c Exceptional circumstances were granted by the Prime Minister.
.. Not applicable
Department of Social Services
Title of regulatory proposal
Description of regulatory proposal
Problem Gamblinga
Introduce a $250 daily withdrawal limit from ATMs in
gaming venues (excluding casinos).
a These matters were previously reported under the Department of Families, Housing, Community Services and Indigenous Affairs. However, on 18 September 2013
these matters were transferred to the Department of Social Services.
b The Department of Social Services has confirmed that these amendments do not reflect Government policy and will not be progressed. As such this PIR does not need
to be completed.
Page 7 of 9
The Treasury
Title of regulatory proposal
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
Noncompliance
January 2013
July 2015a
Compliantb
Prospective ban on up-front and trailing commissions and
like payments for both individual and group risk insurance
within superannuation.
Noncompliance
July 2013
July 2017c
Requirement for advisers to renew client agreement to
ongoing advice fees every two years (opt-in regime).
Noncompliance
July 2013
July 2017c
Compliant
Ban on soft dollar benefits over $300 per benefit.
Noncompliance
July 2013
July 2017c
Compliant
Limited carve-out for basic products from the ban on
certain conflicted remuneration structures and best
interests duty.
Noncompliance
July 2013
July 2017c
Access to scaled financial advice.
Noncompliance
July 2013
July 2017c
Compliant
E/c
July 2013
July 2015
Compliantb,d
Better targeting of not-for-profit tax concessions.
E/c
July 2014
July 2016
Compliant
Introducing a statutory definition of charity.
E/c
January 2014
January
2016
Compliant
E/c
September 2012
June 2015a
Compliantb
Substantial
Impact
July 2014
July 2019
Compliant
Substantial
Impact
Not
implemented
..
Compliant
Description of regulatory proposal
Regulation of Litigation Funding
Clarifying that class actions are not managed investment
schemes.
Future of Financial Advice
Government’s Response to the Super System Review
(Cooper Review)
Australian Government’s initial response to the Super
System (Cooper) Review.
Compliant
Compliant
Government Response to Australia’s Future Tax
System Review
Duty Free Allowances – Cigarettes and Tobacco
Reduces the inbound duty free allowance for cigarettes
and tobacco for international travellers aged 18 years and
over to 50 cigarettes or 50 grams of tobacco, effective
from 1 September 2012.
Implementation of the United States Foreign Account
Tax Compliance Act in Australia
The intergovernmental agreement seeks to limit the
compliance costs and other impacts for Australian
financial institutions associated with complying with US
tax information reporting requirements.
Future of Financial Advice Amendments
Amendments aimed at reducing the complexity and
compliance costs associated with the Future of Financial
Advice (FOFA).
a The OBPR granted the Department an extension in order to complete the PIR for this proposal.
b Completed but not yet published.
c The OBPR allowed additional time to complete these PIRs as the regulation has not been fully implemented.
d Elements of this proposal have been subject to regulatory impact analysis (through separate RISs), and therefore will not need to be considered by the PIR.
e The Department was allowed more time in order to include additional information requested by the OBPR in the PIR. The PIR has been completed but not yet published.
Page 8 of 9
E/c Exceptional circumstances were granted by the Prime Minister.
.. Not applicable
Joint Proposals
Cross Portfolio - Department of Defence/Department of Industry, Innovation
and Science
Title of regulatory proposal
Description of regulatory proposal
Reason
for PIR
Implementation
date
Due Date
PIR
Compliance
E/c
August 2014
August 2016
Compliant
Government’s Response to the Review of the
Woomera Prohibited Area (Defence/Industry)a
Implements a new framework for managing Department
of Defence and non-Defence use of the Woomera
Prohibited Area.
a This matter was previously reported under the Department of Resources, Energy and Tourism. However, on 18 September 2013 this matter was transferred to the
Department of Industry.
E/c Exceptional circumstances were granted by the Prime Minister.
.. Not applicable
Page 9 of 9