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Annual Regulatory Plan 2007-08 - 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:

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: 

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 2006/2007

There were no changes to business regulation implemented during the 2006-07 financial year which involved medium compliance costs for business, or which had a significant impact on business, individuals or the economy.

Planned regulatory activities - 2007-08

Type of entry

Planned activity

Title

WTO Doha Round Negotiations

Description of issue

World Trade Organisation (WTO) Members agreed at the 4th WTO Ministerial Conference in November 2001 to launch the Doha Round of trade negotiations. Reforming the multilateral trading system is Australia's highest trade policy priority, and the Doha Round provides a basis for further trade liberalisation. The Doha Ministerial Declaration mandates negotiations on a wide range of issues including agriculture, services, industrial products, intellectual property, anti-dumping and other WTO rules issues, dispute settlement, and some trade and environment issues.

The December 2005 WTO Ministerial Conference in Hong Kong made some progress on substantive issues and set a timetable for completion of the Round in 2006. The role of developing countries in the negotiations is important, as they comprise three quarters of the WTO membership, and the negotiations have a strong development flavour. Australia is playing a leading role in the negotiations leadership of the Cairns Group of agricultural exporting nations.

Australia's key objective in the negotiations is to maximise commercially meaningful market access outcomes for Australia in agriculture, services and industrial products. Agriculture will continue to be of central importance for Australia including the commitment to phase out export subsidies and seek reductions in domestic support for agriculture.

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 changes may be necessary to tariff schedules, and customs regulations. The Chairs of the agricultural and non-agricultural market access negotiating groups both published draft texts on 17 July 2007.  These texts will form the basis of negotiations and deliberations in the coming months as WTO Members work towards a resolution of the Doha Round.

Consultation opportunities

The Department of Foreign Affairs (DFAT) will continue to negotiate with Australian States and Territories, industry, non-government organisations, community groups and members of the public on the Doha Round of WTO trade negotiations, and welcomes their views on all aspects of the negotiations.

DFAT undertook public consultation in July 2001, prior to the launch of the Doha Round, and in April 2002 on Australian negotiating objectives for the Round. In January 2003 and June 2004, members of the public were invited to comment on discussion papers regarding the WTO General Agreement on Trade in Services (GATS) negotiations. DFAT also sought public comments in June 2003 on Australian preparations for the 5th WTO Ministerial Conference in Cancún in September 2003, and circulated a public discussion paper in October 2005 on the 6th WTO Ministerial Conference in Hong Kong in December 2005.

Consultations are also being conducted with industry groups regarding sectoral negotiations on specific areas of trade, such as raw materials, textiles, fish products, chemicals, sporting equipment etc.

The government remains committed to consulting widely with Australians throughout the WTO negotiations. The government has established a WTO Advisory Group to keep industry, non-government organisations and academia abreast of developments in the negotiations. DFAT also prepares a WTO Doha Round Bulletin every month that updates interested stakeholders on latest developments in the negotiations.

Interested parties may lodge their views and comments on the Doha Round negotiations via e-mail to trade.consult@dfat.gov.au at any time. Specific comments on the agricultural or services negotiations can also be sent to agriculture.negotiations@dfat.gov.au or services.negotiations@dfat.gov.au.

Expected timetable

There is no deadline for the finalisation of the 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

Fax: (02) 6261 1858
Email: trade.consult@dfat.gov.au

Date last modified

July 2007

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. 

This Agreement will enable Australian wine producers to use a standardised front label acceptable in WWTG markets (Argentina, Australia, Canada, Chile, New Zealand and the United States) creating industry efficiencies worth approximately $25 million annually, and helping to increase the competitiveness of Australian wine exports.  This Agreement is also compatible with European labelling practices.

For Australia to meet the terms of the Agreement, an amendment to a regulation in the State and Territory uniform trade measurement legislation is required. This would remove the requirement that the volume statement be displayed on the ‘principal display panel’ of wine bottles, casks and packages and provide flexibility for it to be located in a single field of vision with the other common mandatory items of information.

Ratification of the Agreement is pending, requiring amendment to domestic wine labelling regulations by State and Territory Governments, and completion of relevant JSCOT processes including preparation of an National Impact Analysis prior to tabling in Federal Parliament.

Consultation opportunities

Industry has been consulted on a regular basis through the Winemakers Federation of Australia, and the Australian Wine and Brandy Corporation.

States/Territories were advised in July 2001 of the proposed multilateral labelling treaty. The Parliamentary Joint Standing Committee on Treaties was first formally briefed in November 2004. Consultations with States and Territories have been conducted through the Ministerial Council for Consumer Affairs (MCCA) and associated officials-level bodies. This Ministerial Council is currently responsible for trade measurement legislation.

In addition, the Australian Government Minister for Trade wrote on two occasions (July 2003 and again April 2005)  to all Premiers/Chief Ministers to encourage support for the proposed Agreement.

Mr Truss, Australian Minister for Trade, wrote in November 2006 to Consumer Affairs and Primary Industries Ministers in States and Territories seeking their support for the changes necessary to the uniform trade measurement legislation to implement the Agreement pending the treaty being signed.  The letter included a comprehensive wine dossier addressing the outstanding State and Territory issues.

Expected timetable

It is expected that once the consultations with the States and Territories have concluded, an out-of-session paper will be provided to MCCA seeking its agreement to the amendment to the legislation.  It is anticipated that this paper will be provided to the MCCA by October 2007.

Once MCCA has agreed to the amendment then the Agreement will be ratified through the treaty process. The text of the Agreement and National Impact Analysis will need to be tabled in Parliament for 20 sitting days.

It is anticipated that the Agreement will be ratified and will enter into force in the first quarter of 2008.

Contact details

Food Trade and Quarantine, OTN
Department of foreign Affairs and Trade
John McEwen Crescent
Barton  ACT  0221

Facsimile: (02) 6261 1858
Telephone enquiries: (02) 6261 2603

Date last modified

July 2007

Type of entry

Planned activity

Title

Negotiation of an ASEAN-Australia-New Zealand Free Trade Agreement

Description of issue

On 30 November 2004, the Prime Minister and his counterparts from the 10 countries of ASEAN and New Zealand agreed to launch FTA negotiations based on a comprehensive set of Guiding Principles. The Guiding Principles commit the countries to negotiate a high-quality, WTO-consistent agreement that covers trade in goods and services, as well as investment, and provides for progressive elimination of all forms of barriers to trade. A comprehensive AANZFTA would not only deepen Australia’s economic integration with ASEAN, but would contribute to the overall economic prosperity of the region.

Australia-ASEAN trade has grown faster than the growth of Australia’s trade with any of its other leading commercial partners, except China and India.  ASEAN, as a group, is a larger trading partner (16%) for Australia than any single country, including Japan (13 per cent), China (12 per cent) or the United States (11 per cent). Together, Singapore, Malaysia, Thailand and Indonesia account for around 84 per cent of Australia’s total goods and services trade with ASEAN.

An FTA with ASEAN would complement Australia’s bilateral FTAs with Singapore and Thailand, as well as the agreement currently under negotiation with Malaysia. It would also contribute to the strength of Australia’s engagement with South-East Asia.

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 is consulting as widely as possible in developing Australia’s negotiating objectives and strategies and welcomes written submissions from all relevant stakeholders on issues regarding the negotiating agenda. The consultations cover both State and Territory governments, as well as industry representative bodies and some individual companies.

DFAT has held over 200 stakeholder consultations over the past 12 months, involving over 200 organisations and companies. Over 110 submissions have been received.

Expected timetable

Leaders agreed to complete the negotiations within two years and to implement the Agreement fully within ten years.  The negotiations were launched in March 2005 and negotiators are seeking to conclude substantive negotiations by the end of 2007.

Contact details

Submissions or comments may be lodged electronically to ASEAN.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

Date last modified

July 2007

Type of entry

Planned activity

Title

Australia-Chile Free Trade Agreement Negotiations

Description of issue

On 8 December 2006, the Government agreed in principle to commence a bilateral negotiations process with Chile with a view to obtaining a comprehensive free trade agreement. In early July 2007, the Government agreed to enter into free trade agreement negotiations with Chile.

Consultation opportunities

Market Development Business Liaison and Regional Trade Policy Branch (MDB) in the Department of Foreign Affairs and Trade is responsible for coordinating Australia’s involvement in the negotiations. MDB has and is consulting as widely as possible in developing Australia’s negotiating objectives and strategies and welcomes written submissions from all stakeholders on issues regarding the negotiating agenda. The consultations cover both State and Territory governments, as well as industry representative bodies and individual companies.

Expected timetable

The first round of FTA negotiations with Chile is scheduled for early August 2007.  Date of entry into force of the agreement will depend on when the agreement is concluded.

Contact details

Ms Virginia Greville
Assistant Secretary, Market Development, Business Liaison and Regional Trade Policy Section
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton  ACT  0221

Email:  virginia.greville@dfat.gov.au

Date last modified

July 2007

Type of entry

Planned activity

Title

Negotiation of an Australia-China Free Trade Agreement

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 moves to negotiate 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 the Department of Foreign Affairs and Trade is responsible for leading Australia’s negotiations with China. The Task Force is consulting as widely as possible in developing Australia’s negotiating objectives and strategies and welcomes written submissions from all relevant stakeholders on issues regarding the negotiating agenda. The consultations cover both State and Territory governments, as well as industry representative bodies and individual companies. 

A representative from the States and Territories attends the negotiating rounds with China.

DFAT has held over 300 stakeholder consultations on the China FTA over the past 12 months, involving a wide range of business organisations and 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 established timetable.

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
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221

Facsimile:  (02) 6261 2187

Date last modified

July 2007

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.

The public submission process is a key means to collecting information andDFAT will continue to accept submissions of the GCC FTA during the course of the negotiations. All submissions will be made publicly available on the DFAT website unless the author specifies otherwise.  Submissions can be sent to gccfta@dfat.gov.au

Stakeholders will also be updated on key developments during the course of the negotiations via DFAT’s formal trade policy mechanisms as well as regular stakeholder letters, stakeholder information sessions and one-on-one meetings as required.

Expected

timetable

The first round of negotiations is scheduled for late July 2007.

Contact details

Dr Mike Adams
Director, Regional Trade Policy Section
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton  ACT  0221

Email:  mike.adams@dfat.gov.au

Date last modified

July 2007

Type of entry

Planned activity

Title

Negotiation of an Australia-Japan Free Trade Agreement

Description of issue

An FTA with Japan has the potential to deliver significant benefits to the Australian economy.

Australian businesses will benefit from enhanced export opportunities to what is by far our largest export market. An FTA will promote greater Japanese investment in Australia integrating Australia more closely with the world’s second largest economy.

An FTA would also strengthen the Australia-Japan strategic relationship and promote integration in the East Asia region based on market principles.

Consultation opportunities

The Japan FTA Task Force in the Department of Foreign Affairs and Trade is responsible for leading Australia’s negotiations with Japan. The Task Force is consulting as widely as possible in developing Australia’s negotiating objectives and strategies and welcomes written submissions from all relevant stakeholders on issues regarding the negotiating agenda. The consultations cover both State and Territory governments, as well as industry representative bodies and individual companies. 

A representative from the state and territory governments is invited to attend each negotiation round.

DFAT has held around 120 stakeholder consultations on the Japan FTA since Australia’s and Japan’s Prime Ministers announced in December 2006 their intention to commence FTA negotiations. Consultations have involved a wide range of business organisations, companies, government agencies and state governments.  65 public submissions have been received.

Expected timetable

The negotiations began in April 2007. There is no set timeframe or deadline for the 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
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton ACT 0221

Facsimile:  (02) 6261 2187

Date last modified

July 2007

Type of entry

Planned activity

Title

Negotiation of an Australia-Malaysia Free Trade Agreement

Description of issue

An FTA with Malaysia will help to promote Australia’s commercial relationship with Malaysia and strengthen our broader bilateral ties.

Both countries will benefit from a comprehensive, high-quality agreement which removes tariff and non-tariff barriers to trade. The FTA should help deliver a greater choice of products at lower prices. Additional gains will also be available from greater cooperation or further liberalisation in a wide range of areas, including on standards certification and technical regulation, and development of rules of origin that avoid unnecessary obstacles to trade.

An FTA provides the opportunity to remove remaining impediments to bilateral trade and investment. In particular, Australia will seek to eliminate and bind tariffs and address other barriers to trade in goods and reduce impediments on services on the broadest possible basis. Australia will seek practical provisions to provide greater certainty regarding Malaysia’s investment rules and ensure the rights of Australian holders of intellectual property are able to be effectively protected and enforced.

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.  Written submissions have been received from a wide range of stakeholders on FTA-related issues and further submissions are welcome.

DFAT has held over 200 stakeholder consultations over the past 12 months, involving over 200 organisations and companies. About 120 submissions have been received.

Expected timetable

The Prime Minister and the Malaysian Prime Minister agreed to launch negotiations on a bilateral free trade agreement between Australia and Malaysia on 7 April 2005. Both Parties are seeking to conclude a comprehensive, high-quality agreement in the shortest time possible.

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 1933

Date last modified

July 2007

Type of entry

Planned activity

Title

Amendment of regulations implementing sanctions imposed by the United Nations.

Description of issue

The Department of Foreign Affairs and Trade will amend regulations made under the Charter of the United Nations Act 1945 (the Act) implementing sanctions imposed by the United Nations Security Council. The regulations are being amended to take into account amendments to the Act envisaged by the International Trade Integrity Bill 2007. These amendments will implement elements of the Government’s response to the Cole Inquiry.

Consultation opportunities

The Department is inviting comment from interested Parties on the amendments to the regulations. Information on how to provide comments will be posted on the Department’s website. In addition, written invitations will be sent to major industry groups with an interest in the operation of sanctions.

Expected timetable

Invitations for comment will be issued in August 2007.  Consultation is expected to continue over three months.

Contact details

Peter Scott
Director, Sanctions and Transnational Crime Section
International Legal Branch
Department of Foreign Affairs and Trade
John McEwen Crescent
Barton  ACT  0221

Ph. + 61 2 6261 2922
Fax. + 61 2 6112 2922

Email. sanctions@dfat.gov.au

Date last modified

July 2007