List of recommendations

6.13The Committee recommends that the Department of Finance develops for entities with regulatory responsibilities, minimum requirements for data capability. This would include minimum requirements for the collection, analysis and practical application of data with regard to regulatory responsibilities, and minimum requirements for data expertise within regulatory entities.

6.21The Committee recommends that the Australian National Audit Office undertakes a follow-up performance audit of the Department of Industry, Science and Resources’ implementation of the recommendations of Auditor-General Report No. 5 2023–24 Trade Measurement Compliance Activities, to assess the extent to which those recommendations have been implemented.

6.41The Committee recommends the Department of Home Affairs provides an update every six months on its material progress towards reporting on whether it has used its regulatory powers. The update should identify which powers were used, for each complaint received against a registered migration agent, whether or not the complaint results in a sanction. The Committee expects the Department of Home Affairs will continue to provide this update until the end of 2025–26.

6.44The Committee recommends the Department of Industry, Science and Resources provides to the Committee the detailed analysis it relies upon to be certain it is comprehensively regulating its target population, as required under the National Measurement Act 1960, prior to undertaking contracted regulatory activities on behalf of other entities.

6.46The Committee recommends the Department of Industry, Science and Resources provides to the Committee data on the actual scope of activities undertaken by inspectors during trader audits in each of the years from 2017–18 to the present, to support its evidence to the Committee that the number of trader audits has declined because inspectors are conducting more comprehensive audits.

6.49The Committee recommends the Department of Industry, Science and Resources provides to the Committee in deidentified format, a report detailing the regulatory action it has taken when an infringement notice has been issued but non-compliance is detected during a follow-up audit. This report is to be provided each six months, commencing from the 2022–23 year. This report is to be provided to the Committee to the conclusion of 2025–26.

6.56The Committee recommends Finance updates Resource Management Guide 131: Developing performance measures, following the publication annually of the Australian National Audit Office’s performance statements audits, to include contemporary examples and provide clear instruction to entities as to what constitutes best practice performance measures.

6.68The Committee recommends the Department of Finance develops an approach, including robust metrics, to provide reasonable assurance that the policy framework it administers with regard to regulatory policy, practice and performance is effective in ensuring regulatory systems remain fit-for-purpose. An update is to be provided to the Committee within six months, including timelines to complete this work.

6.71The Committee recommends the Department of Finance updates the requirements for the Regulator Stocktake to require each entity with regulatory functions to publish a Regulator Statement, on a common template and reviewed annually, that would provide, at a minimum, the following:

itemised regulatory obligations with reference to legislation

detail of the regulated population

the risk-based approach to compliance, including information on how risk is calculated

the compliance and enforcement process

the regulatory powers available to the regulator

offences and penalties under legislation

regulator measures of impact, and appropriate and robust performance measures.