Annual Regulatory Plan 2012-13
April 2013
Explanatory Text
The Department of Foreign Affairs and Trade, like other Commonwealth agencies, is required to publish a regulatory plan on its website each financial year.
The regulatory plan deals with changes within the Department's area of responsibility and contains information about:
- changes to business regulation which have occurred since the beginning of the previous financial year; and
- activities planned in the current financial year which could lead to changes to business regulation.
What regulation does a regulatory plan cover?
A regulatory plan covers business regulation. This includes primary legislation, subordinate legislation, quasi-regulation or treaties which directly affect business, have a significant indirect effect on business, or restrict competition.
Quasi-regulation refers to rules or arrangements where governments influence businesses to comply, but which do not form part of explicit government regulation.
A regulatory plan does not include information about the following:
- regulations of a minor or machinery nature that do not substantially alter existing arrangements;
- regulations that involve consideration of specific Government purchases;
- regulations of a state or self-governing territory that apply in a non-self governing territory; and
- anticipated activity about which it would be inappropriate to publish information on grounds of confidentiality.
In addition, there may be regulatory activities undertaken during the next financial year which have not been included in a regulatory plan because they could not be foreseen when the plan was prepared at the start of the financial year.
In view of these exclusions, users should not take a regulatory plan to be a comprehensive source of information on past or potential changes to business regulation.
Changes to Business Regulation that Occurred in 2011-12
| Type of entry | Past activity |
|---|---|
| Title | Amendment to Annex –A of the United States Free Trade Agreement (AUSFTA) |
| Description of issue | Australia and the United States have amended the Product Specific Rules (PSR) contained in Annex 4-A (Textile or Apparel Specific Rules of Origin classifications 5501-5511) concerning yards made of mixed synthetic staple fibres. The amendment will deliver benefits to Australian manufacturers by allowing them to access preferential tariff treatment when exporting certain yarns to the United States, regardless of the origin of the viscose rayon staple fibres used to produce yarn. The Australian Customs and Border Protection Service gazetted the amendment in the Commonwealth of Australia Gazette GN 22 of 6 June 2012. |
| Consultation opportunities | |
| Date of effect | 1 June 2012 |
| Contact details | For further information, please contact DFAT’s United States Trade Section: United States Trade Section United States Branch Americas and Africa Division Department of Foreign Affairs and Trade Barton ACT 0221 Email: us_fta@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Cote d’Ivoire) Amendment Regulations 2011 (No. 1) |
| Description of issue | These Regulations amend the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 to implement United Nations Security Council (UNSC) resolution 1980 (28 April 2011) in relation to Cote d’Ivoire. Paragraph 8 of UNSC resolution 1980 provides for the supply of vehicles to be subject to the arms embargo imposed by paragraph 7 of UNSC resolution 1572. Paragraph 9 of UNSC resolution 1980 provides for the exemption procedure to the arms embargo set out in paragraph 8(e) of UNSC resolution 1572 to only apply to arms and related materiel, vehicles, and the provision of technical training and assistance in support of the Cote d’Ivoire’s process of Security Sector Reform, pursuant to a formal request by the Cote d’Ivoire Government and subject to approval in advance by the Sanctions Committee. |
| Date of effect | 3 August 2011 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – Iran) (Export Sanctioned Goods) List Amendment Declaration 2011 (No. 1) |
| Description of issue | This Determination amends the Charter of the United Nations (Sanctions - Iran) (Export Sanctioned Goods) List Determination 2008 (the List). This instrument adds a Note to item 6 in Part 1, Division 1 of the List to clarify the scope of that item. Item 6 refers to ‘Nuclear detection systems for the detection, identification or quantification of radioactive materials and radiation of nuclear origin, that are not specified in the Defence and Strategic Goods List’. The Note confirms that ‘Item 6 does not include liquid scintillation counters specially designed for medical use’. The need for the Note arises from the fact that medical liquid scintillation counters are designed to detect and measure carbon-14 or other beta emitters, which makes them ‘nuclear detection systems’ within the meaning of item 6. Medical liquid scintillation counters could not, however, contribute to Iran’s programs of concern and should not, therefore, be subject to the same restrictions as other nuclear detection systems. |
| Date of effect | 24 November 2011 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Charter of the United Nations (Sanctions — Libyan Arab Jamahiriya) Amendment Regulations 2011 (No. 2) |
| Description of issue | These Regulations amend the Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011 to give effect to United Nations Security Council resolution 2009, adopted on 16 September 2011 and resolution 2016, adopted on 27 October 2011. |
| Date of effect | 15 December 2011 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions Regulations 2011 |
| Description of issue | These Regulations facilitate the conduct of Australia's relations with certain countries, and with specific entities or persons outside Australia, through the imposition of autonomous sanctions in relation to those countries, or targeting those entities or persons. Section 28 of the Autonomous Sanctions Act 2011 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Autonomous sanctions are punitive measures not involving the use of armed force that target the persons, entities or governments most responsible for a situation of grave international concern, with the goals of mitigating the harmful consequences of that situation and achieving positive change. Situations of international concern may include the grave repression of the human rights or democratic freedoms of a population by a government, or the proliferation of weapons of mass destruction (WMD) or their means of delivery, or an internal or international armed conflict. The Regulations apply the autonomous sanctions the Australian Government presently imposes in relation to Burma, the Democratic People’s Republic of Korea (DPRK), Fiji, Iran, Libya, Syria and Zimbabwe and persons involved in the commission of atrocities during the break-up of the former Yugoslavia. |
| Date of effect | 15 December 2011 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated and Declared Persons – Burma) List 2012 |
| Description of issue | This instrument lists persons designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011 and persons declared by the Minister for the purpose of paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated and Declared Persons – Former Federal Republic of Yugoslavia) List 2012 |
| Description of issue | This instrument lists persons designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011 and persons declared by the Minister for the purpose of paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) List 2012 |
| Description of issue | This instrument lists persons and entities designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Iran) List 2012 |
| Description of issue | This instrument lists persons and entities designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011 and persons declared by the Minister for the purpose of paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Libya) List 2012 |
| Description of issue | This instrument lists persons and entities designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011 and persons declared by the Minister for the purpose of paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated and Declared Persons – Syria) List 2012 |
| Description of issue | This instrument lists persons and entities designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011 and persons declared by the Minister for the purpose of paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) List 2012 |
| Description of issue | This instrument lists persons and entities designated by the Minister for the purpose of paragraph 6(1)(a) of the Autonomous Sanctions Regulations 2011 and persons declared by the Minister for the purpose of paragraph 6(1)(b) of the Autonomous Sanctions Regulations 2011. |
| Date of effect | 7 March 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Past activity |
|---|---|
| Title | Autonomous Sanctions (Designated and Declared Persons – Burma) Amendment List 2012 (No. 1) |
| Description of issue | This instrument amends the Autonomous Sanctions (Designated and Declared Persons - Burma) List 2012 to give effect to the decision of the Minister for Foreign Affairs to revoke designations and declarations in relation to civilians on the Autonomous Sanctions (Designated and Declared Persons) List 2012. |
| Date of effect | 15 May 2012 |
Planned regulatory activities - 2012-13
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions (Designated and Declared Persons – Burma) Revocation 2012 (No. 1) |
| Description of issue | On 7 June 2012 the Minister for Foreign Affairs announced his decision to revoke designations and declarations in relation to all remaining individuals subject to targeted financial sanctions and travel bans for Burma. This instrument revokes the Autonomous Sanctions (Designated and Declared Persons - Burma) List 2012 and the Autonomous Sanctions (Designated and Declared Persons - Burma) Amendment List 2012 (No. 1) to give effect to this decision. |
| Expected timetable | The instrument commenced on 3 July 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations legislation Amendment Regulation 2012 (No. 1) |
| Description of issue | This regulation amends the Charter of the United Nations (Sanctions - Cote d'Ivoire) Regulations 2008 and the Charter of the United Nations (Sanctions - Somalia) Regulations 2008 to implement United Nations Security Council sanctions in relation to Cote d'Ivoire (resolution 2045) and Somalia (resolution 2036). |
| Expected timetable | The regulation commenced on 18 July 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions Amendment Regulation 2012 (No. 1) |
| Description of issue | The amendments give effect to measures announced by the former Minister for Foreign Affairs, the Hon Kevin Rudd MP, on 6 December 2011 and 24 January 2012 relating to Iran and the measures announced by the Minister for Foreign Affairs, Senator the Hon Bob Carr, on 25 June 2012 relating to Syria. The effect of the amendments is to prohibit dealings with Iran’s and Syria’s oil, gas and petrochemical sector and financial sector; and to restrict trade in luxury goods, currency, equipment intended for monitoring or intercepting communications, and precious metals and gems. |
| Expected timetable | The Regulation commenced on 21 August 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013 |
| Description of issue | This instrument amends the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) List 2012 to give effect to the decision of the Minister for Foreign Affairs to revoke designations and declarations in relation to persons on the Autonomous Sanctions (Designated Persons and Entities and Declared Persons - Zimbabwe) List 2012. |
| Expected timetable | Commenced on 15 March 2013 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions Amendment Regulation 2013 (No. 1) |
| Description of issue | The Regulation would amend the Autonomous Sanctions Regulations 2011 to implement new autonomous sanctions measures in relation to Iran, following the announcement by the Minister for Foreign Affairs on 10 January 2013. |
| Expected timetable | The regulation is expected to be implemented in May 2013 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – the Taliban) Regulation 2013 |
| Description of issue | The Regulation would implement UNSC resolutions 1988 and 1989, adopted on 17 June 2011, which split the Al Qaida and Taliban sanctions regimes. This Regulation would create a separate sanctions regime in relation to the Taliban, without changing the scope or effect of existing regulations. |
| Expected timetable | The regulation is expected to be implemented in May 2013. |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations Legislation Amendment Regulation 2013 (No. 1) |
| Description of issue | The Regulation would amend various Australian domestic sanctions regulations to implement recent UNSC resolutions. The Regulation would split the Al Qaida and Taliban sanctions regimes, create an exemption to the Somalia and Eritrea arms embargos for UN personnel, remove an exemption to the Sudan arms embargo and create an exemption to the Cote d’Ivoire arms embargo for the importation of diamonds for scientific purposes. |
| Expected timetable | The regulation is expected to be implemented in May 2013. |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions (Sanction Law) Amendment Declaration 2012 (No. 1) |
| Description of issue | The purpose of the Autonomous Sanctions (Sanction Law) Amendment Declaration 2012 (No 1) is to make a consequential amendment to the Autonomous Sanctions (Sanctions Law) Declaration 2012) to reflect amendments made to the Autonomous Sanctions Regulations 2011 by the Autonomous Sanctions Amendment Regulation 2012 (No. 1). |
| Expected timetable | The Declaration commenced on 25 August 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations Legislation Amendment Regulation 2013 (No. 2) |
| Description of issue | These regulations will amend both the Charter of the United Nations (Sanctions – Somalia) Regulations 2008 and the Charter of the United Nations (Sanctions – Libya) Regulations 2008 to implement UNSC resolutions 2093 (2013) and 2095 (2013), respectively. |
| Expected timetable | The regulation is expected to be implemented in June 2013. |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations (Sanctions – DPRK) Amendment Regulation 2013 |
| Description of issue | These regulations will amend the Charter of the United Nations (Sanctions – DPRK) Regulations 2008 to implement UNSC resolution 2094 (2013) which provides for further targeted financial sanctions and travel bans against individuals and entities, and introduces an obligation on states to conduct cargo interdiction within their territories. |
| Expected timetable | The regulation is expected to be implemented in June 2013. |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Autonomous Sanctions (Sanctioned Vessels) Designation 2012 |
| Description of issue | The purpose of the proposed instrument is to give effect to Australia’s port ban against vessels from the Democratic People’s Republic of Korea (DPRK). The proposed instrument, to be made under the Autonomous Sanctions Regulations 2011, would allow the Minister for Foreign Affairs to designate a vessel as a sanctioned vessel and to direct a sanctioned vessel to leave Australia by a particular route, or not enter a particular port or place, or any port or place in Australia. The contravention by a sanctioned vessel of a direction may result in the forfeiture of that vessel. |
| Expected timetable | There is no current deadline for the implementation of the Regulation. |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2012 (No. 1) |
| Description of issue | The purpose of Charter of the United Nations (UN Sanction Enforcement Law) Amendment Declaration 2012 (No. 1) (Amendment Declaration) is to make a consequential amendment to the Charter of the United Nations (UN Sanction Enforcement Law) Declaration 2008 (Declaration) to reflect amendments made to the Charter of the United Nations (Sanctions – Cote d’Ivoire) Regulations 2008 and the Charter of the United Nations (Sanctions – Somalia) Regulations 2008 by the Charter of the United Nations Legislation Amendment Regulation 2012. |
| Expected timetable | The Regulation commenced on 2 August 2012 |
| Contact details | Sanctions and Transnational Crime Section International Legal Branch International Organisations and Legal Division Department of Foreign Affairs and Trade Email: sanctions@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | WTO Doha Round Negotiations |
| Description of issue | World Trade Organization (WTO) Members agreed at the 4th WTO Ministerial Conference in November 2001 to launch the Doha Round of trade negotiations. Australia's key objective in the negotiations is to maximise commercially meaningful market access outcomes for Australia in agriculture, services and industrial products. It is not possible to accurately predict regulatory changes which may be required by the Doha Round in the absence of an agreed text, but this could include changes to tariff schedules, and customs regulations. |
| Consultation opportunities | The Department of Foreign Affairs (DFAT) will continue to consult extensively with Australian States and Territories, industry, non-government organisations, community groups and members of the public on the Doha Round of WTO trade negotiations. DFAT has a very close working relationship with Australian industry on the Doha Round, consulting regularly on a broad range of issues, including agriculture (e.g. dairy, sugar, meats, horticulture), sectoral negotiations on specific areas of trade, (e.g. raw materials, textiles, fish products, chemicals, sporting equipment) and a wide range of services. |
| Expected timetable | There is no deadline for concluding negotiations. |
| Contact details | For further information, please contact DFAT's Trade Policy Section Trade Policy Section Office of Trade Negotiations Department of Foreign Affairs and Trade Barton ACT 0221 Email: trade.consult@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Malaysia-Australia Free Trade Agreement |
| Description of issue | The Malaysia-Australia Free Trade Agreement (MAFTA) was signed by Trade Ministers on 22 May 2012 and the text was tabled in Parliament on 14 August 2012. The Joint Standing Committee on Treaties (JSCOT) released its report (Report 130) on the Malaysia-Australia Free Trade Agreement on 31 October 2012 and recommended that binding treaty action be taken. Australia and Malaysia exchanged written confirmation that each had completed its domestic procedures to allow MAFTA to enter into force on 1 January 2013. Amended Legislation: Customs Amendment (Malaysia-Australia Free Trade Agreement Implementation and Other Measures) Act 2012; Customs Tariff Amendment (Malaysia-Australia Free Trade Agreement Implementation) Act 2012; Customs (Malaysian Rules of Origin) Regulation 2012 (including Product Specific Rules). |
| Date of effect | Entered into force on 1 January 2013. |
| Contact details | Free Trade Agreement Division Department of Foreign Affairs and Trade John McEwen Crescent Barton ACT 0221 email: malaysia.fta@dfat.gov.au |
| Type of entry | Planned activity |
|---|---|
| Title | Australia’s Free Trade Agreement (FTA) negotiations |
| Description of issue | Australia is pursuing an ambitious agenda of FTA negotiations with key trading partners. Current bilateral negotiating partners are China, Japan, Korea, the Gulf Cooperation Council (GCC), India, and Indonesia. Current plurilateral negotiations include the Trans-Pacific Partnership (TPP) countries; the Pacific Islands Forum countries (PACER Plus) and the Regional Comprehensive Economic Partnership (RCEP) countries. These agreements have the potential to deliver substantial benefits to business and the broader economies of all parties. Through the elimination of tariffs and other barriers, these agreements will provide enhanced export opportunities - they will also facilitate and promote greater flows of foreign investment. It is difficult to predict the nature and scope of regulatory change which will be required to implement these agreements, but changes may be necessary to tariff schedules and customs regulations. |
| Consultation opportunities | The Department of Foreign Affairs and Trade, as the government agency responsible for leading Australia’s FTA negotiations, consults regularly and widely in developing Australia’s negotiating objectives and strategies. DFAT welcomes written submissions from interested stakeholders at any stage in the negotiating process. Consultations involve government agencies, state and territory governments and a wide range of business organisations, companies, trade unions and civil society. |
| Date of effect | These negotiations commenced at different times and are at various stages of development. There is no deadline for the conclusion of negotiations. |
| Contact details | China, Japan, Korea, India, Indonesia and RCEP Free Trade Agreement Division
TPP and GCC Goods and Investment Branch PACER Plus PACER Plus Section |