Regulation

  • Make the preparation of Regulation Impact Statements a statutory requirement for all new regulations with significant impact, with exemptions strictly limited to issues of national security and emergency.
  • All regulatory impact statements should be required to achieve a ‘best practice’ assessment. This will require policymakers to fully consider the problem to be solved; justify why regulation is needed; engage in genuine consultation and examine the net benefits of alternative options before making a decision.
  • Government should endorse self-regulation where it can be effective in achieving outcomes but without the associated costs of legislation.
  • Government should utilise sunset clauses and carry out post-implementation reviews to determine the impact of new regulatory initiatives.
  • Commission the Productivity Commission to undertake an annual sector-by-sector review of the cumulative impact of regulation and identify potential reforms.
  • Government should engage in genuine consultation with industry and ensure legislation and guidance materials are drafted to provide clarity to business.
  • Reinvigorate the federal and state deregulation agenda through the Council of Australian Governments, and continue work to harmonise and reduce the regulatory burden:
    • Increase inter-jurisdictional consistency of heavy vehicle specifications, curfews, load limitations and travel time restrictions.
    • Minimise impediments to labour mobility by reforming occupational licensing and allow for mutual recognition of professional qualifications between Australian jurisdictions.
    • Harmonise payroll tax and occupational health and safety compliance processes to make it easier for businesses operating in multiple jurisdictions.
  • Introduce National Productivity Payments to incentivise states to reduce regulation.
  • Simplify zoning restrictions to ensure housing supply keeps pace with demand and prevent regulation contributing to high house prices, especially within our major capital cities. Reforms should include:
    • allowing greater density in key residential and transport corridors.
    • implementing faster land release for new housing.
    • increasing the use of complying developments to speed up approvals.
  • Remove regulatory restrictions preventing businesses from quickly accessing highly skilled migrants where there is a genuine need to fill skill shortages. More occupations should qualify for a four-year temporary skill shortage visa. Costly labour market testing requirements should be removed.
  • Clearly define conduct that is prohibited under section 46 of the Competition and Consumer Act (‘misuse of market power’) and provide a defence for legitimate business conduct.
  • Remove retail trading hour restrictions which are harmful to consumers and inconsistent with a modern, digital economy.
  • Increase flexibility for aircraft movements and slot cap arrangements at Sydney Airport but retain the curfew and noise sharing arrangements.
  • Progress unfinished competition reforms outlined in the Competition Policy Review (2015) to achieve significant productivity gains in industries such as pharmaceutical and legal services.
  • Recommit to water reform as a priority area for competition policy.
  • Pass the Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017 to improve the competitiveness of shipping and the Australian businesses that use coastal shipping in their supply chains.
  • To ensure Australia better balances the goals of environmental protection with the needs of economic development, the Business Council supports the following reforms to the Environment Protection and Biodiversity Conservation Act:
    • Require the Commonwealth to transfer its approval and assessment powers under the Act to the states.
    • Extend the scope of bilateral agreements for large coal mining and coal seam gas developments to include water-related components captured by the 'water trigger'.
    • Restrict rights of appeal under section 487 of the Act to project proponents and parties directly impacted by a decision.
  • Adopt the Business Council’s best practice model for major project approval as a priority to speed up approvals and provide greater certainty for investors and the community.
  • The model supports decision making within 12 months under a single application, single assessment and single approval approach. It involves:
    • greater strategic planning with better community consultation to direct future land uses and conditions for approval
    • giving primary responsibility for approvals to a single agency, eliminating the need for investors to liaise with multiple departments
    • a single application filed after a pre-application consultation process that gives communities a voice right from the start
    • standardised terms of reference, Environmental Impact Statements and conditions of approval
    • a one-year umbrella timeframe during which a decision should be made
    • better targeted conditions on approvals that are directly linked to environmental outcomes
    • streamlined administration and compliance through better coordination between agencies
    • published data about time taken by agencies to manage applications, their adherence to best practice and how they can improve
    • amending provisions on legal standing so that judicial review is the appeal mechanism. Standing should be available to project proponents and those directly impacted by the decision.
  • Require regulators to prepare annual Statements of Accountability that outline the basis for measuring the success of the regulator, to be approved by the Portfolio Ministers.
  • Require regulators to:
    • Establish public targets on streamlining their processes to reduce regulatory burden each year.
    • Document, regularly update and adhere to a risk-based approach to compliance and enforcement activities.
    • Publish protocols on how they will conduct cases.