EXPLANATORY STATEMENT

Issued by authority of the Treasurer

Competition and Consumer Act 2010

MONITORING OF THE PRICES, COSTS AND PROFITS RELATING TO THE SUPPLY OF CERTAIN FEMININE HYGIENE PRODUCTS DIRECTION 2018

Section 95ZE of the Competition and Consumer Act 2010 (the Act) provides that the Minister may give written directions to the Australian Competition and Consumer Commission (ACCC) to monitor prices, costs and profits relating to the supply of goods or services by persons in a specified industry, and to give the Minister reports on the monitoring.  

The Legislative Instrument (the Direction) gives effect to the Government’s decision that the ACCC monitor and report on the prices, costs and profits relating to the supply of menstrual products in the feminine hygiene products industry. The Government has previously agreed with the States and Territories that the Goods and Services Tax (GST) will be removed from menstrual products from 1 January 2019.

The Direction provides that the ACCC will monitor the price of menstrual products from 1 December 2018 to 28 February 2019, and provide a report to the Treasurer by 31 March 2019.

The Direction is a legislative instrument for the purposes of the Legislation Act 2003.

The Direction was provided to the ACCC by the Treasurer on 28 November 2018.

The ACCC was consulted on the Direction. Public consultation was not considered necessary as the Direction is of a minor or machinery nature and does not substantially alter existing arrangements.

The Direction commences on the day after it is registered on the Federal Register of Legislation.