{"id":"F2018L01826","name":"Monitoring of the prices, costs and profits relating to the supply of certain feminine hygiene products","slug":"monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98457,"registerId":"commonwealth-F2018L01826-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Monitoring of the prices, costs and profits relating to the supply of certain feminine hygiene products","content":"COMPETITION AND CONSUMER ACT 2010\n\nMONITORING OF THE PRICES, COSTS AND PROFITS RELATING TO THE SUPPLY OF CERTAIN FEMININE HYGIENE PRODUCTS\n\nI, Josh Frydenberg, Treasurer, pursuant to section 95ZE of the Competition and Consumer Act 2010, hereby direct the Australian Competition and Consumer Commission (ACCC) to monitor prices, costs and profits relating to the supply of Menstrual Products in the feminine hygiene products industry in Australia.\n\nMenstrual Products comprise those products specified in A New Tax System (Goods and Services Tax) (GST–free Health Goods) Determination 2018.\n\nIn performing its monitoring activities, the ACCC shall give special consideration to:\n\n    (1) prices charged for Menstrual Products between 1 December 2018 and 28 February 2019;\n    (2) the impact of the removal of goods and services tax on Menstrual Products from 1 January 2019 on the price of these products.\n\nThe ACCC must report to me on its monitoring activities by 31 March 2019.\n\nThis direction commences the day after registration.\n\nDATED THIS 28th DAY OF November 2018\n\nJosh Frydenberg\n\nTREASURER","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a time-limited, specific monitoring direction with a narrow, clearly defined scope. It was always intended as a short-term price surveillance exercise following the removal of GST from menstrual products, and the document reflects that original purpose precisely."},"complexity_factors":["Very short document (under 300 words)","Only 1 defined term ('Menstrual Products') which references an external determination rather than defining it inline","No nested exceptions or conditional logic - straightforward directive with two specific monitoring requirements","Single cross-reference to external legislation (GST-free Health Goods Determination 2018)","Clear, unambiguous operative language ('shall give special consideration', 'must report')","Fixed, specific timeframe with no rolling or conditional dates"],"plain_english_summary":"This is a formal direction from the Treasurer to Australia's consumer watchdog (the ACCC) telling them to investigate whether retailers actually passed on savings to customers when the GST was removed from menstrual products.\n\n**What happened:** From 1 January 2019, tampons, pads and other menstrual products became GST-free after years of campaigning (the so-called \"tampon tax\" was abolished). This direction, made in late November 2018, orders the ACCC to monitor whether the prices women paid actually dropped when the 10% tax came off.\n\n**What the ACCC must do:**\n- Track prices, costs and profits for menstrual products\n- Pay special attention to prices between December 2018 and February 2019 (spanning the GST removal date)\n- Specifically examine whether removing the GST actually made products cheaper for consumers\n- Report back to the Treasurer by 31 March 2019\n\n**Who it affects:**\n- **Consumers:** Women and people who menstruate who buy these products\n- **Retailers and manufacturers:** Supermarkets, pharmacies and suppliers of menstrual products (who were being watched to ensure they didn't pocket the tax cut instead of passing it on)\n- **The ACCC:** Which had to conduct this specific monitoring task\n\n**Why it matters:** When taxes are removed, there's always a risk that businesses keep prices the same and absorb the difference as extra profit. This direction was designed to ensure transparency and hold the industry accountable for passing on the GST savings to customers."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not change legal rights, tax settings or market regulation. It establishes a temporary monitoring duty for the ACCC—focused on Menstrual Products and a specified timeframe—and requires a report to the Treasurer. It does not amend the Competition and Consumer Act, the GST Determination, or directly impose pricing, tax or compliance obligations on suppliers."},"complexity_factors":["Narrow, time‑limited task: monitoring focuses on a specific product class and a short date range (1 Dec 2018–28 Feb 2019), which simplifies data scope but requires precise historical price data.","External definition reliance: ‘Menstrual Products’ is defined by the A New Tax System (GST‑free Health Goods) Determination 2018, so interpretation needs cross‑reference to that instrument.","Policy impact question: the ACCC must assess the impact of GST removal on prices (requires causal analysis and may need counterfactual estimation over the specified period).","Methodological discretion: the direction mandates monitoring and ‘special consideration’ but does not prescribe methodology, leaving choice of data sources, metrics and analytic approach to the ACCC.","Reporting and timing constraint: a fixed reporting deadline (31 March 2019) and commencement the day after registration create a short delivery window for the ACCC.","Statutory basis: issued under s95ZE of the Competition and Consumer Act 2010, so legal form and powers are narrow and specific to monitoring rather than regulation or enforcement."],"plain_english_summary":"This direction (under section 95ZE of the Competition and Consumer Act 2010) requires the ACCC to monitor prices, costs and profits for Menstrual Products (as defined by the GST‑free Health Goods Determination 2018) and to report to the Treasurer by 31 March 2019. It asks the ACCC to give special consideration to prices between 1 December 2018 and 28 February 2019 and to the effect of removing GST on these products from 1 January 2019; it commences the day after registration."}},"importantCases":[],"_links":{"self":"/api/acts/monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc","history":"/api/acts/monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc/history","analysis":"/api/acts/monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc/analysis","conflicts":"/api/acts/monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc/conflicts","importantCases":"/api/acts/monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc/important-cases","documents":"/api/acts/monitoring-of-the-prices-costs-and-profits-relating-to-the-supply-of-certain-feminine-hygiene-produc/documents"}}