Table of Contents

  • The country reviews on regulatory reform are co-ordinated by the Directorate for Public Governance and Territorial Development, under the responsibility of Mr. Rolf Alter, in the Regulatory Policy Division, headed by Josef Konvitz.

  • Chapter 1 sets out the macroeconomic context for the review, including recent macroeconomic trends, the contribution of regulatory reform to economic success as well as the remaining challenges facing the Australian economy, notably in terms of productivity. It presents the achievements of regulatory reform and competitionoriented reforms to date, with the strategy of co-ordinated efforts implemented to renew the regulatory reform agenda, at federal level as well as across levels of government. It discusses also the contribution of effective enforcement of competition law, as well as the policy framework for market openness. It concludes highlighting a number of policy areas for regulatory reform, as well as strategic points for moving forward the reform agenda. This includes maintaining momentum for reform, strengthening capacities at all levels of government, developing a common approach to communication and changing the culture and the approach to regulation.

  • This chapter is a summary of the background report government Capacity to Assure High Quality Regulation in Australia. It focuses on the regulatory management and reform arrangements that are in place at the federal level of government in Australia, drawing on the good practices embedded in the 2005 OECD Guiding Principles for Regulatory Quality and Performance. The chapter includes an assessment of: the effectiveness of institutional arrangements and tools for promoting regulatory quality; the design of regulatory reform policy; the use of ex ante and ex post impact assessment; systematic transparency and public consultation measures, and; measures to reduce regulatory burdens including the integration of ICT. Australia has well embedded regulatory management arrangements in these areas and a history of successful reform. Future challenges include ensuring that Ministers and their departments embrace a culture of “continuous improvement” in rule making and enforcement.

  • This chapter is a summary of the background report Multi-level Regulatory Capacity in Australia. It discusses the design of the Australian program of national reform intended to improve productivity and create a seamless national economy. Particular focus is given to the co-ordinating arrangements of COAG, and the importance of effective working arrangements between the Commonwealth and the States, including the use of financial incentives to facilitate and reward reform efforts. The adoption of arrangements for effective regulatory management systems by the States is also examined.

  • This chapter is a summary of the background report Competition law and policy in Australia. It describes competition policy and law enforcement. It explains the integrated National Competition Policy reforms of the 1990 and the strengthening and modernisation of competition law and enforcement that accompanied it. The basic elements of the main competition law, the Trade Practices Act, are explained, and recent amendments about cartel enforcement and predatory pricing are analysed. It also describes sector-specific competition issues and special regimes, some of them based on laws of States and Territories.

  • This chapter is a summary of the background report Enhancing Market Openness through Regulatory Reform in Australia. It assesses the extent to which the Australian regulatory system promotes market openness, global competition and economic integration, thereby avoiding trade disputes and improving trust and mutual confidence across borders. The chapter includes an assessment of mechanisms to ensure regulatory transparency and the involvement of the trade community; to avoid discrimination and unintended trade restrictive effects of regulation; and to encourage the use of internationally harmonized measures and the recognition of equivalence of foreign regulatory measures. Australia’s approach to regulatory policy and reform reflects recognition of the importance of maintaining and strengthening the openness of its markets to international competition. The regulatory framework consistently promotes a market-openness-friendly regulatory environment, even if there may be room for further improvement of implementation.