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1. Executive Summary


Regulatory Compliance Guidelines

Regulatory Impact Analysis Unit, Effective Markets Branch
[ Last Updated 3 September 2007 ]


1. Proper consideration of compliance and actions to achieve it are critical to the success or failure of regulatory policy.

2. Cost effective compliance is most likely to be achieved when both policy makers and regulators give proper consideration to their development, implementation and review of actions and strategies to achieve compliance – both at the time of policy development and also during and after implementation.

3. This requires consideration of:

  1. The strategic context for regulation including the:
    • reasons for regulation
    • outcomes and objectives of regulation
    • context in which regulatory decisions will be made and implemented
    • relationships and linkages to other areas of regulation
  2. The operational context for regulation including the:
    • characteristics of the sector or population being regulated
    • extent to which the need for and outcomes of regulation are accepted
    • likelihood of compliance or non-compliance
    • capacity and capability of the regulator to administer and enforce the regulations
  3. Strategies for achieving compliance including the:
    • actions to be taken by the regulator or provided for in law to achieve compliance
    • the appropriate balance or mix of actions to: communicate regulatory requirements, monitor compliance, warn those that are non-compliant of the consequences of continued non-compliance, enforce requirements and apply sanctions
    • the respective roles of central government agencies, industry bodies, private individuals and others in achieving compliance
  4. How implementation will be achieved including:
    • defined roles and accountabilities for implementation
    • identification and planning for necessary implementation tasks
    • adequate consideration of resources and funding
  5. Monitoring and review including:
    • Consideration of how compliance will be monitored and the effectiveness of plans and actions for achieving it evaluated

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