Annual Regulatory Plan 2009-10 - Department of Foreign Affairs And Trade
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 2008-2009
Type of entry |
Past activity |
Title |
Direction issued by the Minister for Trade regarding EFIC dealings with Iran |
Description of issue |
Direction that the Export Finance and Insurance Corporation (EFIC) not provide any support for trade or investment in connection with Iran (pursuant to s.9 of the Export Finance and Insurance Corporation Act 1991). This Direction ensures that EFIC does not accept an application from a person in respect of any transaction that relates to trade with or investment in Iran nor shall it provide any insurance or financial services or products or in any other way assist or facilitate any trade with or investment in Iran. It revokes a previous direction of 22 April 2008 that EFIC exercise vigilance in entering into new commitments for public provided financial support for trade with Iran to ensure that it does not provide support contrary to Operational Paragraph 9 of Resolution 1803 of the United Nations Security Council (UNSC). |
Date of effect |
15 October 2008 |
Contact details |
Paul Jackson |
Type of entry |
Past activity |
Title |
Direction issued by the Minister for Trade regarding EFIC dealings with Zimbabwe |
Description of issue |
Direction (pursuant to s.9 of the Export Finance and Insurance Corporation Act 1991) limiting support provided by the Export Finance and Insurance Corporation to transactions in Zimbabwe. |
Date of effect |
27 May 2009 |
Contact details |
Paul Jackson |
Type of entry |
Past activity |
Title |
The Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area (AANZFTA) |
Description of issue |
AANZFTA negotiations were concluded in August 2008 and the Agreement signed on 27 February 2009. AANZFTA will provide for the establishment of a free trade area among its 12 Parties. Australia’s two-way trade in goods and services with ASEAN and New Zealand was valued at $112 billion in 2008, accounting for 20 per cent of Australia’s total trade.
|
Date of effect |
AANZFTA was signed on 27 February 2009 at a ministerial meeting in the margins of the ASEAN Leaders Summit in Thailand. The Agreement was tabled in Parliament by the Minister for Trade on 16 March 2009. The Joint Standing Committee on Treaties (JSCOT) report, tabled on 24 June 2009, recommended that the Government take binding treaty action to ratify the AANZFTA agreement. The Agreement will enter into force 60 days after Australia, New Zealand and four ASEAN countries notify that they have completed their domestic processes. This is expected to happen in late 2009 or at the beginning of 2010. |
Contact |
Queries or comments may be lodged electronically to ASEAN.FTA@dfat.gov.au or by post at the following address: Asia Trade Task Force Facsimile: (02) 6261 2187 |
Planned regulatory activities - 2009-10
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. |
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. |
Expected timetable |
There is no deadline for the finalisation of the negotiations. |
Contact details |
For further information, please contact DFAT 's Trade Policy Section e-mail: trade.consult@dfat.gov.au |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Direction issued by the Minister for Trade regarding EFIC dealings with the Democratic People’s Republic of Korea (DPRK) |
Description of issue |
Direction by the Minister for Trade that the Export Finance and Insurance Corporation not provide any support for trade or investment in connection with the Democratic People’s Republic of Korea (DPRK) (pursuant to s.9 of the Export Finance and Insurance Corporation Act 1991). |
Consultation opportunities |
The Direction reflects the Australian Government’s decision to amend regulations implementing sanctions against DPRK in line with UNSC Resolution 1874. |
Expected timetable |
The Direction was issued early in financial year 2009-10. |
Contact details |
Paul Jackson |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Possible Direction by the Minister for Trade regarding uranium transactions |
Description of issue |
Direction to the Export Finance and Insurance Corporation regarding uranium transactions (pursuant to s.9 of the Export Finance and Insurance Corporation Act 1991). |
Consultation opportunities |
The Direction would reflect the firm stance on nuclear non-proliferation that Australia applies to its uranium exports. |
Expected timetable |
The Direction could be issued by the Minister for Trade during the financial year 2009-10. |
Contact details |
Paul Jackson |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Legislative amendment currently under consideration regarding simplifying and expanding EFIC’s powers |
Description of issue |
Amendment to the Export Finance and Insurance Corporation Act 1991 to simplify and expand EFIC’s powers (in part 4 of the Export Finance and Insurance Corporation Act 1991). |
Consultation opportunities |
During the course of the 2006 EFIC Review, conducted by DFAT, extensive consultations with firms engaged in business with EFIC led to the recommendations to amend EFIC’s powers under the EFIC Act. |
Expected timetable |
The amendment could be tabled during financial year 2009-10. |
Contact details |
Paul Jackson |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Negotiation of an Australia-China Free Trade Agreement (FTA) |
Description of issue |
An FTA with China would bring substantial benefits to the Australian economy. It would enmesh our economy even more closely with the world’s fastest-growing major economy. As China negotiates more FTAs with other countries, an Australia-China FTA would also help protect the position of our exporters in the China market. |
Consultation Opportunities |
The China FTA Task Force in DFAT is responsible for leading Australia’s negotiations with China. The Task Force has consulted widely in developing Australia’s negotiating objectives and strategies and continues to welcome written submissions and other input from all relevant stakeholders on issues regarding the negotiations. The consultations have covered State and Territory governments, as well as industry representative bodies and individual companies. |
Expected timeline |
The negotiations began in May 2005. Australian ministers have consistently said that Australia would take as long as is necessary to negotiate a satisfactory agreement. There is no deadline for concluding negotiations. |
Contact details |
Submissions or comments may be lodged electronically to chinafta@dfat.gov.au or by post at the following address: China FTA Task Force Facsimile: (02) 6261 2187 |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Negotiation of an Australia-Japan Free Trade Agreement (FTA) |
Description of issue |
An FTA with Japan has the potential to deliver significant benefits to the Australian economy. |
Consultation opportunities |
The Japan FTA Task Force in DFAT is responsible for leading Australia’s negotiations with Japan. The Task Force is consulting widely in developing Australia’s negotiating objectives and strategies, and welcomes written submissions from stakeholders on the negotiating agenda. The consultations involve a wide range of business organisations, companies, government agencies and state and territory governments. 90 public submissions have been received to date. |
Expected timetable |
The negotiations began in April 2007. There is no deadline for concluding negotiations. |
Contact details |
Submissions or comments may be lodged electronically to japanfta@dfat.gov.au or by post at the following address: Japan FTA Task Force Facsimile: (02) 6261 2187 |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Negotiation of an Australia-Korea Free Trade Agreement (FTA) |
Description of issue |
An FTA with the Republic of Korea (hereafter ‘Korea’) has the potential to deliver considerable benefits to the Australian economy. |
Consultation opportunities |
The Korea FTA Task Force in DFAT is responsible for leading Australia’s negotiations with Korea.The Task Force is consulting widely in developing Australia’s negotiating objectives and strategies, and welcomes written submissions from stakeholders on issues regarding the negotiating agenda. More than 50 public submissions have been received to date. |
Expected timetable |
The negotiations began in May 2009. There is no deadline for concluding negotiations. |
Contact details |
Submissions or comments may be lodged electronically to koreafta@dfat.gov.au or by post/fax at the following: Korea FTA Task Force Facsimile: (02) 6261 2187 |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Negotiation of a Malaysia-Australia Free Trade Agreement (MAFTA) |
Description of issue |
Australia has significant interests in the Malaysian market in goods and services. Malaysia ranks as Australia’s third-largest trading partner in ASEAN and tenth-largest trading partner overall. In 2008, Australia’s two way trade with Malaysia was $15.5 billion. |
Consultation opportunities |
The Asia Trade Task Force in the Department of Foreign Affairs and Trade is responsible for coordinating Australia’s involvement in the negotiations. The Task Force consults as widely as possible in developing Australia’s negotiating objectives and strategies. The consultations cover both State and Territory governments, as well as industry representative bodies and some individual companies. To date 115 written submissions have been received from a wide range of stakeholders on FTA-related issues and further submissions are welcome. |
Expected timetable |
Negotiations on a bilateral free trade agreement between Australia and Malaysia were launched on 7 April 2005. Negotiations were put on hold in late 2006 to allow both sides to focus on concluding AANZFTA. Negotiations resumed in November 2008 and are ongoing. Both Australia and Malaysia have indicated that they are seeking an early conclusion to the negotiations but no deadline has been set. |
Contact details |
Submissions or comments may be lodged electronically by emailing to malaysia.fta@dfat.gov.au or by post at the following address: Asia Trade Task Force Department of Foreign Affairs and Trade John McEwen Crescent Barton ACT 0221 Facsimile: (02) 6261 2187 Telephone enquiries: (02) 6261 9454 |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Scheme for accreditation of entities to issue Certificates of Origin under Australia’s Free Trade Agreements |
Description of issue |
A number of Australia’s current Free Trade Agreements (FTAs) require exporters to provide Certificates of Origin issued by authorised bodies to confirm that exported goods meet the relevant origin criteria of particular FTAs. To date, the Australian Chamber of Commerce and Industry (ACCI) and the Australian Industry Group (AiG) have been designated to issue such certificates in respect of the Thailand-Australia Free Trade Agreement (TAFTA) and the Singapore-Australia Free Trade Agreement (SAFTA). |
Consultation opportunities |
Industry bodies and industry representatives have been consulted, including at a roundtable meeting convened by DFAT on 16 June 2009. |
Expected timetable |
It is anticipated that the accreditation scheme will be in place by the end of 2009. No legislation or regulation is required. Approval for implementation of the scheme will be sought from the Minister for Trade. |
Contact details |
e-mail: asean.fta@dfat.gov.au Department of Foreign Affairs and Trade, John McEwen Crescent, Barton, ACT 0221. |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
World Wine Trade Group Agreement on Labelling Requirements |
Description of issue |
In January 2007, Australia’s Trade Minister signed an Agreement on Requirements for Wine Labelling along with other countries in the World Wine Trade Group (WWTG) Governments. The Agreement implements a ‘single field of vision’ approach to wine which standardises the placement requirements for certain information on wine labels such as product name, content volume, percentage of alcohol and country of origin. |
Consultation opportunities |
Industry has been consulted on a regular basis through the Winemakers Federation of Australia and the Australian Wine and Brandy Corporation. |
Expected timetable |
To enable ratification of the Agreement, the treaty text will be tabled in both Houses of Parliament along with a National Interest Analysis (NIA) and a treaty Regulation Impact Statement (RIS). The Joint Standing Committee on Treaties will also examine and report to Parliament on the treaty. Documentation for tabling the Treaty in the Federal Parliament is being developed. Approval from Executive Council (ExCo) will then be required for ratification. |
Contact details |
Food Trade and Quarantine, Telephone enquiries: (02) 6261 2603 |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Negotiation of an Anti-Counterfeiting Trade Agreement (ACTA) |
Description of issue |
Participants in ACTA negotiations intend to use the agreement to establish a new standard of intellectual property (IP) enforcement to combat the high levels of commercial scale trade in counterfeit and pirated goods worldwide. Proponents intend that the ACTA improve IP enforcement by: 1) improving international cooperation in enforcement; 2) establishing enforcement best practice; and 3) enhancing the domestic legal enforcement framework. |
Consultation opportunities |
In mid November 2007, DFAT placed a discussion paper and request for submissions addressing the merits of joining negotiations on its homepage. Those submissions received informed the Minister for Trade’s decision that Australia would participate in negotiations. |
Expected timetable |
Australia has not committed to any timetable for completion of negotiations. Completion of negotiations in 2010 is possible. An Australian decision on whether to join ACTA would follow. |
Contact details |
Submissions or comments may be lodged electronically by e-mail or by post to: IP@dfat.gov.au Department of Foreign Affairs and Trade Submission authors should indicate if they wish their submission to remain confidential. Telephone: (02) 6261 2039 |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Trans-Pacific Partnership (TPP) Free Trade Agreement Negotiations |
Description of issue |
The Government Agreed in November 2008 that Australia would join negotiations with the United States, New Zealand, Singapore, Chile, Brunei, Peru and Vietnam on a comprehensive plurilateral free trade agreement (FTA). |
Consultation opportunities |
Australia's decision to participate in the TPP was taken in the context of an initial public consultation process. On 3 October 2008, DFAT, via its website, called for public submissions from interested stakeholders on the expected costs and benefits of participation and specifically invited comment on the economic, regional, social, cultural, regulatory and environmental impacts expected to arise from Australia's participation. |
Expected timetable |
Initial scoping discussions are expected to be held in the second half of 2009 with a view to rounds of formal negotiations being scheduled thereafter. There is as yet no agreed timetable for the conclusion of the negotiations. |
Contact details |
Trade Commitments Branch Department of Foreign Affairs and Trade John McEwen Crescent Barton ACT 0221 e-mail: tpp@dfat.gov.au |
Date last modified |
July 2009 |
Type of entry |
Planned activity |
Title |
Australia-Gulf Cooperation Council (GCC) Free Trade Agreement Negotiations |
Description of issue |
Following the termination of free trade agreement negotiations with the United Arab Emirates in mid-2006, the Government agreed to enter into FTA negotiations with the GCC in December 2006. |
Consultation opportunities |
DFAT called for public submissions by 16 March 2007. In the first half of 2007, domestic consultations were held in Sydney, Melbourne, Perth, Adelaide and Brisbane. Teleconferences were held with interested businesses in Tasmania. |
Expected timetable |
Four rounds of negotiations have been held since July 2007, the most recent in May/June 2009. |
Contact details |
Trade Commitments Branch Department of Foreign Affairs and Trade John McEwen Crescent Barton ACT 0221 e-mail: gccfta@dfat.gov.au |
Date last modified |
July 2009 |