Page 1 of 53 Name of legislation Annual Holidays Act 1973 Annual Leave Act 1973 Business Franchise (Liquor) Act 1993 Business Franchise (Tobacco and Petroleum Products) Act 1984 Canberra Tourism and Events Corporation Act 1997 Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 Companies (Registered Societies) Ordinance 1990 Companies Auditors and Liquidators Disciplinary Board Ordinance 1982 Dangerous Goods Act 1975 (New South Wales) in its application in the Territory Agency CM CM CM CM CM CM CM CM CM Major restrictions Comments on review Review not required. Report Availability Comments on reform Act renamed Annual Leave Act 1973. Retained without reform. Federal Court S90 decision, no further action. Federal Court s90 decision, no further action. No competition restrictions. Act bestows employee benefits. Review not required. Review not required. Review not required. Act assessed as not restricting competition. Act assessed as not restricting competition. Review not required. Review not required. Review not required. Review completed. Part of overall review of the ACT's Occupational Health and Safety legislation. Regulatory Impact Statement prepared and public comments sought through an extensive consultative process. The Standing Committee on Legal Affairs commenced a review of the Act in December 2001. A report is due by 27 June 2002 into the operation of the Act, with particular reference to: (a) the sale of fireworks in the Territory; (b) the general safety of setting off fireworks; and (c) any other related matters. The Government will consider the review findings/recommendations immediately thereafter. Publicly available Publicly available Registered Societies model legislation adopted nationally. Registered Societies model legislation adopted nationally. Page 2 of 53 Name of legislation Dangerous Goods Act 1984 Agency CM Major restrictions Comments on review Part of overall review of the ACT's Occupational Health and Safety legislation. Regulatory Impact Statement prepared and public comments sought through an extensive consultative process. Report Availability Comments on reform See Occupational Health and Safety Act. Gas Levy Act 1991 Hotel School Act 1996 CM CM Act assessed as not restricting competition. Relates to procedures if a licence holder fails to pay liquor taxes. Review not required. Intra-departmental review completed. Repealed in 1998. Liquor Act 1975 (subsections CM 42E(2) and 42E(4)) Act has been maintained on consumer protection grounds in accordance with public benefit guidelines. Publicly available Legislation for restructuring the Board to be prepared for 2002 legislation program. Long Service Leave (Building CM and Construction Industry) Act 1981 Long Service Leave Act 1976 CM Machinery Act 1949 National Exhibition Centre Trust Act 1976 CM CM Act assessed as not restricting competition. Act bestows employee benefits. Targeted public review completed in 1999. Final report received. Act assessed as not restricting competition. Final review report available at www.act.gov.au/urbanservices Review not required. Act retained without reform. Act repealed and replaced by Occupational Health and Safety (Amendment) Act 1997. Act assessed as not restricting competition. Review not required. Page 3 of 53 Name of legislation Occupational Health and Safety Act 1989 Agency CM Major restrictions Comments on review Review, in conjunction with review of Dangerous Goods Act 1984, the Scaffolding and Lifts Act 1957 and the Machinery Act 1949, underway. The review is examining the development of an integrated performance-based regulatory regime for workplace safety, dangerous goods and those areas currently regulated under the Scaffolding and Lifts Act and the Machinery Act, in line with agreements reached in 1991 by Premiers and Chief Ministers that jurisdictions would pursue the development of nationally uniform, flexible and performance-based regulations under parent occupational health and safety legislation. Review not required. Review, in conjunction with the review of the Occupational Health and Safety Act 1989, completed. Review, in conjunction with the review of the Occupational Health and Safety Act 1989, completed. Not for review. Report Availability Comments on reform Regulatory Impact Statement issued for consultation comments. Following the October 2001 election, the Government is continuing to progress the review and the ACT OH&S Council are shortly to consider the issue and report to the Government. Amendments to legislation would likely be drafted later in 2002. Parental Leave (Private CM Sector Employees) Act 1992 Scaffolding and Lifts Act 1957 Scaffolding and Lifts Act, 1912-1948 (New South Wales) in its application in the Territory Sewerage Rates Act 1968 CM CM Act assessed as not restricting competition. Act bestows employee benefits. No further action proposed. Act repealed by Occupational Health and Safety (Amendment) Act 1997. Act repealed by Occupational Health and Safety (Amendment) Act 1997. Act repealed and relevant provisions contained in Utilities Act 2000 Retained without reform. Act repealed in March 2001. Legislation repealed. CM Act assessed as not restricting competition. Standard Time and Summer CM Time Act 1972 Theatres and Public Halls Act CM 1928 Trading Hours Act 1962 CM Review not required. Review completed in 1998. Intra-departmental review completed. Page 4 of 53 Name of legislation Trans-Tasman Mutual Recognition Act 1997 Water Rates Act 1959 Workers' Compensation Act 1951 Workers' Compensation Supplementation Fund Act 1980 Adoption Act 1993 Board of Senior Secondary Studies Act 1997 Agency CM CM CM Major restrictions Comments on review National review completed in 1998. Intra-departmental review completed. Report Availability Publicly available Comments on reform Recommendations awaiting Government's consideration. Act to be repealed and relevant parts included in the new Utilities Bill 2000. Draft exposure Bill released in December 2000. Debated and passed in Legislative Assembly, August 2001. No further action proposed. Mandatory insurance, licensing of insurers. CM DECS DECS Provides for accreditation of secondary courses. Review completed in July 2000, recommending changes to scheme design elements and a greater capacity to self-insure. Review not required. Act assessed as not restricting competition. No review scheduled. Review not required. Act assessed as not restricting competition. Intra-departmental review. Publicly available Canberra Institute of Technology Act 1987 Children and Young People Act 1999 DECS DECS Provides an exemption from Territory taxes and charges. Licensing of child care operations. Introduces concepts of: parental responsibility; family group conferencing; therapeutic protections and enduring parental responsibility for children and young people in need of care and protection. Expanded definition of mandated professionals. Review completed in 1999. Act assessed as not restricting competition. New legislation. Legislation is necessary to provide the Government approved function. Legislation to be retained to maintain uniform standards for senior secondary courses and certification. Act retained without change. Act replaced the Children's Services Act 1986. Page 5 of 53 Name of legislation Agency Major restrictions Licensing of child care operations. Comments on review Full public review completed in 1999. Act assessed as not restricting competition. Full public review completed in 2000. Report Availability Comments on reform A replacement Act, the Children and Young People Act 1999 passed in the Legislative Assembly on 21 October 1999. Government is to introduce an exposure draft into the Assembly in June 2002. There will be a period for public comment and the Bill is expected to be introduced for a first reading in December 2002. Act repealed. Children's Services Act 1986 DECS - except Parts III and X Education Act 1937, Schools DECS Authority Act 1976, Public Instruction Act 1880 and Free Education Act 1906 Education Services for DECS Overseas Students (Registration and Regulation of Providers) Act 1994 University of Canberra Act DECS Vocational Education and Training Act 1995 DECS Requires non-government schools to be registered. Requires registration of providers Inter-departmental review. of education to overseas students. Act assessed as not restricting competition. Registration of training providers and accreditation of training providers. Review not required. Intra-departmental review completed. Concluded that public benefit of restrictions outweigh costs. Blood Donation DHCC (Transmittable Diseases) Act 1985 Chiropractors and DHCC Osteopaths Act 1983 Limits conduct, confers benefit. Entry, registration, title, practice, discipline. Review completed in 2002. Review completed March 2001. Publicly available Publicly available Act retained without reform. Amendments proposed to meet national consistency requirements for registration of training organisation and accreditation of courses in both vocational education and training and higher education will be introduced in the 2002 spring session of the Legislative Assembly. Act to be retained on public health benefit grounds. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. Page 6 of 53 Name of legislation Community and Health Services Complaints Act 1993 Agency DHCC Major restrictions Confidentiality and investment restrictions. Comments on review Report Availability Comments on reform Act retained without reform. Dental Technicians and Dental Prosthetists Registration Act 1988 DHCC Entry, registration, title, practice, discipline. Intra-departmental review completed in December 1999. Potential restrictions identified in terms of powers to both maintain the confidentiality of information and to access information. Review concluded that the restrictions did not function anti-competitively and that no market was affected by the legislation. Review completed March 2001. Publicly available Dentists Act 1931 DHCC Entry, registration, title, practice, discipline. Review completed March 2001. Publicly available Disability Services Act 1991 DHCC S6 and S7 grant conditions that may restrict competition. Drugs of Dependence Act 1989 DHCC Restrictions on competition throughout Act. Desktop review completed in December 2000. Review did not sustain initial audit view that restrictions on competition may have been present in the legislation. Part of Galbally Review. Draft review report released 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Australian Health Ministers Advisory Council (AHMAC) Working Party considered review and reported back to Health Ministers in June 2002. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. Act to be retained without reform. Health Ministers to report to CoAG on endorsement of recommendations. Page 7 of 53 Name of legislation Food Act 1992 Agency DHCC Major restrictions Comments on review Various food safety offences. National review completed in 2000 Licensing of food businesses. Food (see the NSW Food Act 1989). to meet prescribed food standards. Limits conduct. Report Availability Publicly available Comments on reform All Australian governments agreed in November 2000 to adopt core provisions of the Model Food Bill by November 2001. This Act amended accordingly in August 2001. Act retained without reform Health Act 1993 DHCC Health and Community Care DHCC Services Act 1996 Health Complaints Act 1993 Health Promotion Act 1995 DHCC DHCC Intra-departmental review completed No report in December 1999. The review found that the restrictions did not apply to an organised pattern of activity and no commercial activity relating to the release or disclosure of information could be identified. The review concluded that the legislation did not impose restrictions on competition. Restricts management of resources Intra-departmental review completed No report and interests. in December 2000. This review identified that the restrictions primarily concerned the sound management of Territory resources and interests. The review further identified that there were difficulties in identifying the restrictions as anticompetitive. The conclusion was that the legislative restrictions provided an overall community benefit and were on balance significantly higher than any cost of compliance with the legislation. Not for review. No report Limits functions to which board monies can be applied. Intra-departmental review completed in December 2000. Review did not sustain initial audit view that restrictions on competition may have been present in the legislation. No report Act retained without reform. Replaced by the Community and Health Services Complaints Act 1993. Act retained without reform. Page 8 of 53 Name of legislation Agency Major restrictions Comments on review Report Availability Comments on reform Act retained without reform. Health Records (Privacy and DHCC Access) Act 1997 Inebriates Act 1900 (NSW) in its application in the Territory Inebriates Act 1938 Intoxicated Persons (Care and Protection) Act 1994 Meat Act 1931 Medical Practitioners Act 1930 DHCC DHCC DHCC DHCC DHCC Limited restrictions on competition. Intra-departmental review completed in December 1999. Review did not support the initial audit view that anticompetitive restrictions may apply. Restrictions do not relate to a market/commercial activity. Sections 10 and 14 could restrict competition by licensing and regulating institutions. Act assessed as not restricting Review not required. competition. The Act contains restrictions on Intradepartmental review completed competition in terms of in December 2000. Review identified requirements that 'sobering up' that the restrictions were a shelters must be licensed. sustainable public benefit. Ministerial permission required to National review completed in 2000 engage in certain meat processing (see the NSW Food Act 1989). activities. Entry, registration, title, practice, Review completed March 2001. Issues Publicly discipline, advertising. paper released in May 1999. available Discussion paper released in December 1999. Review, in conjunction with review Health Records (Access and Privacy) Act 1997, completed in December 1997. Review not required. Legislation relates to an intergovernmental financial arrangement. Legislation to be repealed. Act retained without reform. Act retained without reform. Medical Records (Access and DHCC Privacy) Act 1997 Medical Services (Fees) Act 1984 DHCC Restricts the fees payable for the treatment of private patients in public hospitals. Act repealed by Food Act 2001 subject to the passage of uniform Food Act legislation. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. Act retained without reform. No report Act retained without reform. Page 9 of 53 Name of legislation Mental Health (Treatment and Care) Act 1994 Agency DHCC Major restrictions Restrictions on competition throughout Act. Restrictions relate to the Mental Health Tribunal powers to direct where a person with a mental health dysfunction will be detained, restrictions on the use of convulsive therapy and psychiatric surgery, and requirements that private psychiatric facilities be licensed. Entry, registration, title, discipline. Comments on review Intra-departmental review completed in December 2000. The review demonstrated an overall public benefit of the restrictions. Report Availability Comments on reform Act retained without reform. Nurses Act 1988 DHCC Review completed March 2001. Publicly available Optometrists Act 1956 DHCC Entry, registration, title, practice, discipline, advertising. Review completed March 2001. Publicly available The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. Page 10 of 53 Name of legislation Pharmacy Act 1931 Agency DHCC Major restrictions Entry, registration, title, practice, discipline. Comments on review National Review of Pharmacy Regulation (Wilkinson Review) completed in February 2000. The review recommended retaining registration, the protection of title, practice restrictions and disciplinary systems (although with minor changes to the registration systems recommended for individual jurisdictions). Further, the review recommended maintaining existing ownership restrictions, and removing business licensing restrictions. Also part of targeted public review of health practitioner registration Acts. Review completed March 2001. Report Availability Publicly available Comments on reform Legislation was passed in August 2001 amending the Pharmacy Act to allow pharmacy companies to be registered as pharmacists and to restrict ownership of pharmacy companies to pharmacists. The Wilkinson review stated somewhat ambiguously, that the ACT‟s original legislation could not be held to “rule out the ownership of pharmacies by persons other than pharmacists”. This could only be in relation to that part of a pharmacy business that does not involve the dispensing of drugs and poisons. It was, and is still is, possible that a non-pharmacist could own and operate the non-pharmacy side of pharmacy business in the ACT. Accordingly, it is not the case that the amendments have the effect of prohibiting the ownership of pharmacies by non-pharmacists and so, constitute a new restriction on competition. Further, the review concluded that current limitations on who may own and operate a pharmacy are seen as a net benefit to the Australian community as a whole. The ACT is adhering to its recommendations. Legal advice is currently being sought to determine the issue of pharmacy ownership in the original and amending legislation. Page 11 of 53 Name of legislation Physiotherapists Act 1977 Agency DHCC Major restrictions Entry, registration, title, practice, discipline. Comments on review Review completed March 2001. Report Availability Publicly available Comments on reform The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. Health Ministers to report to CoAG on endorsement of recommendations. Podiatrists Act 1994 DHCC Entry, registration, title, practice, discipline. Review completed March 2001. Publicly available Poisons Act 1933 DHCC Restricts the sale and storage of poisons and biological substances. Poisons and Drugs Act 1978 DHCC Psychologists Act 1994 DHCC Entry, registration, title, practice, discipline. Part of Galbally Review. Draft review report released 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Australian Health Ministers Advisory Council (AHMAC) Working Party considered review and reported back to Health Ministers in June 2002. Part of Galbally Review. Draft review report released 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Australian Health Ministers Advisory Council (AHMAC) Working Party considered review and reported back to Health Ministers in June 2002. Review completed March 2001. Publicly available Health Ministers to report to CoAG on endorsement of recommendations. The Government has considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2002 will be introduced into the Assembly in September 2002. Page 12 of 53 Name of legislation Agency Major restrictions Comments on review Report Availability Comments on reform Act repealed. Health Ministers to report to CoAG on endorsement of recommendations. Public Health (Miscellaneous DHCC Provisions) Act 1997 Public Health (Prohibited DHCC Drugs) Act 1957 Limited restrictions on competition. Not for review. Limits business conduct. Part of Galbally Review. Draft review report released 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Australian Health Ministers Advisory Council (AHMAC) Working Party considered review and reported back to Health Ministers in June 2002. Not publicly available no copy Public Health Act 1928 DHCC Act repealed by Public Health Act 1997. Page 13 of 53 Name of legislation Public Health Act 1997 Agency DHCC Major restrictions Limits conduct. Comments on review Report Availability Comments on reform Amendment Bill May 2000 introduced some negative licensing provisions to address the anticompetitive provisions identified in the review. Reforms (in the form of introducing codes of practice) are being introduced on an incremental basis as the Public Health Act 1928 is progressively repealed. Radiation Act 1983 DHCC The ACT commenced a process of reviewing its public health legislation by the introduction of the Public Health Act 1997. This legislation established a template for the management of health risk activities or procedures through a Code of Practice approach. As codes of practice are developed existing health risk management provisions that are under the former Public Health Act 1928 are repealed. The revised legislative approach while more focussed on outcomes, stakeholder collaboration and the currency of the health risk, retains potential restrictions on approval, activity and conduct. Accordingly the revised legislation has potential to impose costs and restrict competition. A Departmental review has been completed that identifies the anticompetitive provisions that arise through the application of the Act to health risk activities and procedures. National review completed. Publicly available Review completed in 2002. Not for review. Publicly available Sexually Transmitted DHCC Diseases Act 1956 Skin Penetration Procedures DHCC Act 1994 Smoke-free Areas (Enclosed DHCC Public Places) Act 1994 Final review report under consideration by the Australian Health Ministers Advisory Council. Act to be retained on public interest (public health) grounds. Repealed. Prohibits or restricts smoking in enclosed public places. Review completed in June 2002. Recommendations to maintain restrictions on public interest (public health) grounds. Not currently Government to consider – following recommendations. Govt. consideration Page 14 of 53 Name of legislation Tobacco Act 1927 Agency DHCC Major restrictions Tobacco supply and advertising restrictions. Restrictions on competition throughout Act. Restrictions on trading in human tissue. Comments on review Review completed in June 2002. Recommendations to maintain restrictions on public interest (public health) grounds. Targeted public review completed. Review report redrafted to take account of 1999 amendments to the Act. Review completed in 2002. Review completed in 2002. Tobacco Products (Health Warnings) Act 1986 Transplantation and Anatomy Act 1978 Tuberculosis Act 1950 Veterinary Surgeons Act 1965 DHCC Report Comments on reform Availability Not currently Government to consider – following recommendations. Govt. consideration Act to be repealed DHCC DHCC DHCC Publicly available Publicly available Publicly available Act to be retained on public interest (maintaining medical ethical standards) grounds. Act to be retained on public interest (public health) grounds. The Government has agreed to draft revised legislation and the Veterinary Surgeons Act 2002 is being finalised and is expected to be introduced into the ACT Legislative Assembly by mid 2002. Licensing of veterinary surgeons, reservation of practices, reservation of title, and advertising restrictions. Review completed in March 2001, proposing retention of licensing and reservation of title, but removal of practice reservation and controls on advertising and ownership. Review not required. Act assessed as not restricting competition. Targeted review completed in 1999. Reviewed as part of the ACTTAB and Bookmakers legislation review. The report made a number of recommendations with a general objective of removing restrictions on competition where there is no justifiable public benefit. Targeted public review in conjunction with the Betting (ACTTAB Limited) Act 1964 and the Betting (Corporatisation) (Consequential Provisions) Act 1996, completed in 1999. Bank Mergers Act 1997 Betting (ACTTAB Limited) Act 1964 and Betting (Corporatisation) (Consequential Provisions) Act 1996 DoT DoT Publicly available Government noted recommendations. Relevant provisions incorporated in Race and Sports Bookmaking Act 2001 will occur by the end of 2002. Bookmakers Act 1985 DoT Contains provisions for licensing bookmakers for racing and sports betting. Publicly available Act repealed and functions incorporated in new Race and Sports Bookmaking Act 2001. Page 15 of 53 Name of legislation Boxing Control Act 1993 Agency DoT Major restrictions Comments on review National review of boxing completed in August 1999. Review concluded that a registration and licensing system enhances the safety of participants and minimises the incidence of malpractice in professional bouts. The working group proposed a national registration system to improve the management of professional boxing and combat sports. An ACT internal review is also underway (which should reflect national directions and linked to NSW Boxing Act review). The NCP review of the NSW Boxing and Wrestling Control Act 1996 was delayed, but is due for completion by June 2002. Under the ACT Act, professional boxers, officials and promoters must be registered as defined under the NSW Act. The ACT review cannot be done independently of NSW, as it relates to professional and occupational licensing. The ACT review timetable is therefore dependant on the NSW review. Report Availability Comments on reform The ACT Act will be amended to reflect relevant changes in NSW and to be consistent with the national approach toward developing a national registration system. Completion of the ACT internal review is expected by September 2002. Casino Control Act 1988 DoT Exclusive licence. Restrictions on operations and conduct. Targeted public review completed in Publicly 1998 as part of the gambling available legislation review. The ACT established a Select Committee on gambling which made recommendations on gaming machine issues. Intra-departmental review completed. Co-operative Societies Act 1939 JACS Government has announced that the exclusivity of the casino licence will not extend beyond the current licence period. The prohibition on gaming machines at the Casino will remain at the recommendation of the Select Committee. The Act has been amended to reflect a consistent national approach. Page 16 of 53 Name of legislation Energy and Water Act 1988 Financial Institutions (Application of Laws) Act 1992 Financial Institutions (Removal of Discrimination) Act 1997 Financial Institutions (Supervisory Authority) Act 1992 Financial Institutions Duty Act 1987 Games Wagers and Bettinghouses Act 1901 (New South Wales) in its application in the Territory Agency DoT DoT DoT DoT DoT DoT Major restrictions Comments on review Not for review. Review not required. Review not required. Act assessed as not restricting competition. Review not required. National review completed in 1997. Report Availability Comments on reform Act repealed by the Utilities Act 2002. Repealed by Financial Sector Reform (ACT) Act 1999. Repealed by Financial Sector Reform (ACT) Act 1999. Act amended to reflect a consistent national approach. This Act can be described as a „prohibition‟ Act: the Act prohibits certain gambling activities unless those activities are lawful under other laws. As such, the notion of competition does not apply to the substance of these Acts as it does to other Gambling Acts. This Act is now a Territory Statute, not a NSW Act (Law Reform (Miscellaneous Provisions) Act 1999 refers) The Games Wagers and Bettinghouses Act 1901 is an Act for the suppression of betting houses. The NCP review did not make any recommendations in relation to this Act, and consequently there is no Government response expected. Review completed as part of the gambling legislation review. (See Gaming and Betting Act 1906 (NSW) in its application to the ACT). Page 17 of 53 Name of legislation Gaming and Betting Act 1906 (New South Wales) in its application in the ACT Agency DoT Major restrictions Regulations on gaming, betting and wagering; restricts the holding of race-meetings; licensing of racecourses. Comments on review The NCP review did not make any recommendations in relation to this Act, and consequently there is no Government response expected. Review completed as part of the targeted public review of betting and gaming legislation. Report Availability Publicly available Comments on reform This Act can be described as a „prohibition‟ Act: the Act prohibits certain gambling activities unless those activities are lawful under other laws. As such, the notion of competition does not apply to the substance of these Acts as it does to other Gambling Acts. This Act is now a Territory Statute, not a NSW Act (Law Reform (Miscellaneous Provisions) Act 1999 refers) Exposure draft incorporating recommendation being prepared for circulation. Subsequent Government consideration and amending legislation forthcoming in 2002-03. Gaming Machine Act 1987 DoT Targeted public review completed as Publicly part of the gambling legislation available review. The Government established a Select Committee on Gambling to further report on gaming issues. It recommended further research into the social and economic impacts of gaming in the ACT. It also recommended a freeze on gaming machine numbers and measures to counter the negative effects of gambling. Gas Act 1992 Gas Supply Act 1998 DoT DoT Repealed. Repealed and replaced by Gas Safety Act 2000 (for consumers‟ natural gas installations and appliances past the metering point) and Utilities Act 2000 (for transmission and distribution). Page 18 of 53 Name of legislation Lotteries Act 1964 Agency DoT Major restrictions Comments on review Targeted public review completed as part of gambling legislation review. Report Availability Publicly available Comments on reform The Government has endorsed most of the review recommendations. Non NCP-related amendments based on modernising the legislation are forthcoming in 2002-03. The Government initially accepted the review recommendations. In line with the March 2000 communiqué signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, the ACT passed the Milk Authority Repeal Act 2000 on 23 May 2000, deregulating its milk arrangements from 1 July 2000. Milk Authority Act 1971 DoT Retail price controls. Licensing of Review by officials completed in 1998. Publicly home vending. Canberra Milk It recommended: available Authority required to buy milk from the sole ACT producer. · separation of Authority's regulatory and commercial roles; · retention of retail price controls until mid-2000; · reform of home vending arrangements; and · retention of compulsory acquisition of ACT milk. Initial intra-departmental review completed. Act assessed as not restricting competition. No further review required Targeted public review completed as part of the gambling legislation review. Payroll Tax Act 1987 DoT Pool Betting Act 1964 DoT Approvals for conduct of pool betting competitions, restrictions on advertising and other conduct, possible supervision of competitions, levies and probity of financial arrangements. Publicly available Government has endorsed most of the review recommendations. Non NCP-related amendments based on modernising the legislation are forthcoming in 2002-03. Page 19 of 53 Name of legislation Agency Major restrictions Comments on review Review of Bookmakers Act 1985 resulted in the new Race and Sports Bookmaking Act 2001. Race and Sports Bookmaking DoT Act 2001 Report Availability Publicly available Comments on reform Bookmakers Act 1985 repealed and replaced with the Race and Sports Bookmaking Act 2001 which: removes the requirement for racing club approval to grant bookmakers licences; removes racing club-specific restrictions on bookmakers licences; allows an independent authority (the ACT Gambling and Racing Commission) to assess licence applications; removes limitations on phone betting; removes the requirement for sports bookmakers licence (or agents licence) holders to first obtain a standing bookmakers licence; removes the limit on the number of sports bookmaking licences granted; allows for flexibility in the location of betting office operations; and relates the size of the betting security guarantee to the amount of risk. Arrangements have been fully or progressively implemented. Completion of amendments will occur by the end of 2002. Page 20 of 53 Name of legislation Racecourses Act 1935 Racing Act 1999 Agency DoT DoT Major restrictions Comments on review Not for review. Report Availability Comments on reform Act repealed and provisions incorporated in new racing legislation – Racing Act 1999. Act passed in 2000 and commenced in June 2001. Rates and Land Rent (Relief) DoT Act 1970 Rates and Land Tax Act 1926 DoT Rates and Land Tax Act 1986 DoT Stamp Duties and Taxes Act DoT 1987 Territory Owned Corporations Act 1990 DoT Regulates thoroughbred racing, New legislation. RIS completed. harness racing and greyhound racing conducted for the purpose of betting, and for related purposes; including restrictions on holding race meetings and setting up controlling bodies for each racing mode. Intradepartmental review completed in 1998. Act assessed as not restricting competition – no further review required. Intradepartmental review completed in 1998. Act assessed as not restricting competition – no further review required. Intradepartmental review completed in 1998. Act assessed as not restricting competition – no further review required. Intradepartmental review completed in 1998. Act assessed as not restricting competition – no further review required. Potential (marginal) restrictions on Targeted public review completed in competition in section 18. 1998. Act assessed as not restricting competition. Page 21 of 53 Name of legislation Unlawful Games Act 1984 Agency DoT Major restrictions Comments on review Utilities Act 2000 The Unlawful Games Act 1984 is an Targeted public review completed as Act to provide for the control of part of the gambling legislation unlawful games and for related review. purposes. The NCP review did not make any recommendations in relation to this Act, and consequently there is no Government response expected. DoT/DUS Introduction of the Act followed public consultation and review of both existing regulatory arrangements and principles for effective regulation. Report Availability Publicly available Comments on reform This Act can be described as a „prohibition‟ Act: the Act prohibits certain gambling activities unless those activities are lawful under other laws. As such, the notion of competition does not apply to the substance of these Acts as it does to other Gambling Acts. Utilities Act implemented. The Act amended or repealed a number of other electricity gas or water and sewerage-related Acts including the Electricity Supply Act 1997, the Electricity Act 1971, the Energy and Water Act 1988 the Essential Services (Continuity of Supply) Act 1992, the Gas Supply Act 1998 and the Water Rates Act 1959. New Authority established ACTION Authority Act 2001 Air Pollution Act 1984 Animal Diseases Act 1993 DUS DUS DUS Establishing a statutory body New Legislation Review not required. Animal Welfare Act 1992 DUS Declaration of quarantine areas. Allows Minister to direct destruction of animals and removal of refuse. Imposes a tagging requirement for stock. Restricts entry into tag manufacture. Controls use of vaccines and the sale of infected animals. Ban on rodeos and circuses. Restrictions on use of animals in experiments. Restrictions on who may carry out surgical procedures. Review in conjunction with Pounds Act 1928 and Stock Act 1991, completed. It found the restrictions to have benefits to animal health, public health and sustainable development that outweigh their costs. Review completed. It found that, subject to some amendments, the restrictions are in the public interest. Repealed by Environment Protection Act 1997. Not released Report presented to the Minister. Act publicly retained without reform. Not released Act retained without reform. publicly Apiaries Act 1928 DUS Act repealed and replaced by the Animal Diseases Act 1993. Page 22 of 53 Name of legislation Architects Act 1959 Agency DUS Major restrictions Registration, entry requirements, reservation of title, disciplinary processes. Comments on review Building Act 1972 DUS National review conducted by the Productivity Commission (PC) completed in August 2000 (publicly released November 2000). PC review involved public consultation via public release of issues paper, draft report, consultation, public hearings and receiving submissions. Review recommended repeal of Act. Building regulations, licensing, Targeted public review, in conjunction Publicly registration, entry requirements with review of the Electricity Act 1971 available (training, course work, practical (electricians licensing) and the experience or qualifications and Plumbers, Drainers and Gasfitters supervised building work, business Board Act 1982, by Allen Consulting capacity), reservation of practice, Group completed in August 2000. disciplinary processes, business Review focused on regulation of conduct (insurance). building occupations and did not review building regulations. Public benefits for building regulations are amenity, safety and health of people who use buildings and community expectations. Review focused on regulation of building occupations and insurance arrangements. Review recommended: legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards should be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Report Availability Publicly available Comments on reform A States and Territories working group developed a national response to the PC review. ACT to adopt solution compatible with competition principles and expects amending legislation to be drafted in mid- to late-2002. Previous Government did not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. Drafting of legislation began for 2001 program, which was shortened by the 2001 Election. New Government is to approve completion, and drafting is expected to resume later in 2002 or in the first half of 2003. Page 23 of 53 Name of legislation Building and Services Act 1924 Agency DUS Major restrictions Comments on review Inter-departmental review. Report Availability Comments on reform Part of the utilities legislation review under the lead of Treasury. Repealed and replaced in relation to public works powers for licensed utilities by the Utilities Act 2000 and the Utilities (Telecommunications Installations) Act 2001 in relation to public works powers for certain kinds of communications infrastructure. Act repealed by Land (Planning and Environment) (Amendment) Act 1996 (No.3) as a result of implementation of the 1995 Stein report. Design and siting provisions incorporated into streamlined Development Application. Government rejected recommendation to limit post-burial tenure at public cemeteries. Replacement legislation, Cemeteries and Crematoria Bill 2001, introduced for debate in the Legislative Assembly in August 2001. Cemeteries and Crematoria Bill 2002 will be introduced in the Legislative Assembly in the Winter 2002 sittings. This Bill is almost identical to the 2001 Bill. Buildings (Design and Siting) DUS Act 1964 Cemeteries Act 1933 DUS Limits conduct. Targeted public review, in conjunction Publicly with the Cremation Act 1966, available completed in 2000. Review recommended a limit on post-burial tenure at public cemeteries. Page 24 of 53 Name of legislation Clinical Waste Act 1990 Agency DUS Major restrictions Comments on review Report Comments on reform Availability Intra-departmental review completed Not currently Government considering May 2002. – under recommendations. Govt. Restrictions justified on public interest consideration (public health and environmental protection) grounds. Act may be repealed and key provisions transferred to other legislation. Page 25 of 53 Name of legislation Collections Act 1959 Agency DUS Major restrictions Comments on review Review by Allen Consulting Group completed in April 2000. Joint review with Hawkers Act. Involved targeted public consultation, with an issues paper, meetings and written submissions. Recommended: Act not place limits on the level of fundraising costs or remuneration; the regulatory emphasis be on the disclosure of fundraising details to potential donors; the Act not limit the locations where collections can be undertaken or the number of organisations collecting; rather than focusing on funds raised and costs incurred for particular collections, all organisations that produce audited accounts be required to lodge those accounts with the registrar on an annual basis; organisations that do not have audited accounts be required to keep appropriate records and have those records signed off by an 'appropriate person' as being in order; collectors be required to wear a badge (or prominently display information) relating to the collection; and the Act be drafted to apply to any direct or indirect appeal for support Review not required Report Availability Publicly available Comments on reform Government accepted most review recommendations. Legislation is being drafted for introduction into the Legislative Assembly in June 2002. Commissioner for the Environment Act 1993 Common Boundaries Act 1981 Community Title Act 2000 DUS DUS DUS Act assessed as not restricting competition. Review not required New legislation. Page 26 of 53 Name of legislation Construction Practitioners Registration Act 1998 Agency DUS Major restrictions Registration for building certifiers, entry requirements, disciplinary processes, business conduct (professional indemnity insurance with approved insurer, no conflict of interest). Comments on review New legislation to introduce private certification of building work. Review completed in November 2000. Report Availability Publicly available Comments on reform The NCP review of construction occupants recommended that a single piece of legislation deal with the licensing of builders, electricians and electrical contractors and plumbers, drainers and gasfitters. On the advice of JACS, construction practitioners were added to this list. The effects of changes on the details of registration for private building certifiers and plumbing plan certifiers would be limited, because they already work under modern legislation. Cotter River Act 1914 Cremation Act 1966 DUS DUS Limits conduct. Intradepartmental review completed in 1999. See Cemeteries Act 1933. The previous Government agreed to this program and drafting took place 2000-01. The title Construction Practitioners Registration Act was provisionally given. The new Government has not yet set priorities for the new legislation, however drafting is expected to resume either in late 2002 or in the first half of 2003. Not released Act repealed on 23 March 2000. publicly Replacement legislation, Cemeteries Publicly and Crematoria Bill 2001, introduced available for debate in August 2001 and adjourned. See Cemeteries Act 1933 Page 27 of 53 Name of legislation Districts Act 1966 Agency DUS Major restrictions Act assessed as not restricting competition. Comments on review Major non-NCP related Review completed May 2000. Report Availability Comments on reform Amendments approved by Cabinet March 2002, included provision for: Districts to be defined by Deposited Plan; the electronic lodgment of plans for registration; protection of the integrity of the Digital Cadastral Data Base; regulation of street addressing. Draft Bill prepared April 2002. Legislative Assembly to commence debate in June 2002. Act passed and commenced in 2000. See Building Act 1972. Previous Government did not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. Drafting of legislation began for 2001 program, which was shortened by 2001 Election. New Government to approve completion. Domestic Animals Act 2000 DUS DUS Licensing, registration, entry requirements (skills, qualifications, experience, business capacity), the reservation of practice (installing, altering or repairing an electrical installation, other than an electrical installation that operates at extra low voltage), disciplinary processes, business conduct (insurance). New legislation. RIS prepared in developing this legislation. RIS is available Electricity Act 1971 (renamed the Electricity Safety Act 1971- electricians licensing: Part 2 of 2 Targeted public review completed in Publicly 2000. Provisions for licensing of available electricians reviewed by Allen Consulting Group in conjunction with Building Act 1972 and the Plumbers, Drainers and Gasfitters Board Act 1982. Final report completed August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Page 28 of 53 Name of legislation Agency Major restrictions Comments on review Not for review. Report Availability Comments on reform Some provisions of the Act provided powers for suppliers of electricity distribution services. Such matters are now dealt with by the Utilities Act 2000 and the provisions were repealed in January 2001. Retained without reform. Electricity Act 1971 DUS (renamed the Electricity Safety Act 1971): Part 1 of 2 Enclosed Lands Protection Act 1943 Energy Efficiency Ratings (Sale of Premises) Act 1997 Environment Protection Act 1997 Fertilisers Act 1904 (NSW) in its application in the Territory Fisheries Act 2000 DUS DUS DUS DUS DUS Act assessed as not restricting competition. Review not required. New legislation – Private Members Bill RIS was undertaken in developing the RIS publicly legislation. available Review by officials completed in 1999. Publicly Available RIS prepared when legislation drafted RIS publicly available Review not required. New legislation. Fertilisers not to be sold unless with a statement of composition. Licensing of commercial fishers. Registration of fish dealers. Output controls such as size and bag limits. Input controls on gear. Act to be retained. Act replaced the Fishing Act 1967. Restrictions regarding input/output controls retained on public benefit (environmental protection) grounds. Act repealed and replaced by the Fisheries Act 2000. Fishing Act 1967 Gas Safety Act 2000 Gungahlin Development Authority Act 1996 Heritage Objects Act 1991 DUS DUS DUS DUS Establishing a statutory body Review not required. Not for review. Following the decision to develop new legislation for the regulation of heritage matters, this Act has been withdrawn from the NCP program. The new legislation will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the RIS. Page 29 of 53 Name of legislation Lakes Act 1976 Agency DUS Major restrictions The only significant restriction is the limitation on commercial activity in a lake area. Comments on review Land (Planning and DUS Environment) Act 1991- Part III (heritage provisions) Land (Planning and Environment) Act 1991Parts V and VI DUS Direct granting of leases by noncompetitive means and development approvals process. Land Acquisition DUS (Northbourne Oval) Act 1996 - No 84 of 1996 Report Comments on reform Availability Review, in conjunction with review of Not released No NCP related issues identified - no Public Parks Act 1928, was completed publicly further action proposed. in 2000. The only significant restriction is the limitation on commercial activity in a lake area. This low cost of this restriction was considered justified by the protection afforded to lakes areas, and by the way it ensures that commercial operators in lakes areas gain no competitive advantage over those operating in normal commercial areas. Not for review. Following the decision to develop new legislation for the regulation of heritage matters, this Act has been withdrawn from the NCP program. The new legislation will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the RIS. Review completed in May 2000. Publicly Government issued a formal Recommendations include improving available response to the review, agreeing in transparency in the provision of direct principle to most recommendations. grants and considering introducing a Amending regulation signed on 25 notification scheme for developments January 2001. that are relatively minor and unlikely to be opposed by the government agency or to require conditions. Targeted public review, in conjunction Retained without reform. with the Lands Acquisition Act 1994, completed in 2000. Act assessed as not restricting competition. Page 30 of 53 Name of legislation Lands Acquisition Act 1994 Agency DUS Major restrictions Comments on review Targeted public review, in conjunction with the Land Acquisition (Northbourne Oval) Act 1996 , completed in 2000. Act assessed as not restricting competition. Report Availability Comments on reform At the time of review, this Act was retained without reform. This Act is now intended to be repealed. Litter Act 1977 DUS Motor Omnibus Services Act DUS 1955 Targeted public review, in conjunction Publicly with the Roads and Public Places Act available 1937, completed in 2000. Concluded that in terms of the requirements under NCP guidelines: the Act marginally restricts business for businesses dependent on flyer and bill advertising; the public protection benefits of the Act outweigh any marginal impact on competition; and no feasible non legislative options were found which can achieve the same level of public benefits. Review not required. No further action required. Government accepted review recommendations. Act repealed by the Road Transport (Public Passenger Services) Act in December 2001. This Act requires ACTION to become an accredited bus operator. In addition, the ACTION Authority Act 2001 was commenced on 1 January 2002. The Act establishes ACTION as a statutory authority with governing board and includes provisions for the transfer of staff and assets. No further action proposed. Motor Traffic Act 1936 DUS Compulsory third party insurance provisions. Review not required. No report Page 31 of 53 Name of legislation Agency Major restrictions Limitation on number of taxi and hire car licences. Comments on review Review completed and final report issued in March 2000. Recommended immediate removal of restrictions on taxi and hire car licence numbers, full compensation to licence-holders to be funded either via general revenue or by long-term licence fee arrangements. Motor Traffic Act 1936 - taxi DUS and hire car provisions: part 2 of 2 Report Availability Publicly available Comments on reform Minor reforms implemented (10 wheelchair accessible taxi licences issued, encouragement of establishment of a second dispatch service, cross-border trials with NSW, accreditation for networks) Road Transport (Public Passenger Services) Amendment Act 2002 introduced operator accreditation and removal of restrictions on number of licences an individual can hold. Act commenced March 2002.. Further review of taxi and hire car industry by Independent Competition and Regulatory Commission on measures to encourage competition (report by June 2002).. Draft report released in April 2002. Final report expected in June 2002 for Government consideration and response. Motor Vehicles (Dimensions and Mass) Act 1990 National Environment Protection Council Act 1994 Nature Conservation Act 1980 DUS DUS DUS Act assessed as not restricting competition. Controls on commerce in animals and plants. Review not required. Review not required. Targeted public review completed in 1999. The review found that these restrictions would be justified provided that the lists of protected and exempt plants were reviewed to ensure that entries were justifiable on conservation grounds. Act superceded by national road transport reforms. No further action proposed. Publicly The review was presented to available on government on 7 August 2000. Environment ACT website Disallowable Instrument in relation to the revision of the relevant lists proposed for June 2002. Page 32 of 53 Name of legislation Noise Control Act 1988 Agency DUS Major restrictions Comments on review Report Availability Comments on reform Act repealed by Environment Protection Act 1997. NRMA-ACT Road Safety Trust DUS Act 1992 Ozone Protection Act 1991 DUS Pesticides Act 1989 Plant Diseases Act 1934 DUS DUS Act Assessed as not restricting competition Review not required Act repealed by Environment Protection Act 1997. No report Act repealed and replaced by the Environment Protection Act 1997. Review in conjunction with the Land Report Legislation proposed as part of the (Planning and Environment) Act 1991 available on 2002 legislation program. (pest plant and animal provisions) Environment Government approval for legislation completed. It recommended: ACT website has been obtained and is currently being drafted. Target date for . retaining restrictions on introduction introduction in the Legislative into the ACT of declared pests and Assembly is June 2002 with debate diseases, provisions relating to the expected in July 2002. destruction of neglected trees and quarantine control provisions; . repealing provisions that specified particular products for use in controlling fruit fly and aphidae, particular kinds of packaging, and that imposed inappropriate and unduly restrictive standards on fruit for retail sale; and . retaining provisions relating to pest plant and animals. Pesticides not to be used unless registered. Restrictions on introduction into the ACT of declared pests and diseases. Destruction of neglected trees. Quarantine control provisions. Specifies particular products for use in controlling fruit fly and aphidae. Specifies particular kinds of packaging. Imposes restrictive standards on fruit for retail sale. Page 33 of 53 Name of legislation Plumbers, Drainers and Gasfitters Board Act 1982 Agency DUS Major restrictions Licensing, registration, entry requirements (skills, qualifications, experience, age 18 years or over, fit and proper), reservation of practice (install or fit fire-fighting sprinkler system, sanitary plumbing work, water supply plumbing work, laying or repairing drains, install/repair/ inspect/test consumer natural gas piping systems and gas appliances), disciplinary processes. Comments on review Pounds Act 1928 DUS Protection of Lands Act 1937 DUS Public Baths and Public DUS Bathing Act 1956 Public Name Places Act 1989 DUS Public Parks Act 1928 DUS Targeted public review by Allen Consulting Group in conjunction with the Electricity Act 1971 (electricians licensing), Building Act 1972 completed in August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Establishes government operated Review by officials in conjunction with Not publicly pounds. Confers differential the Animal Diseases Act 1993 and available. benefits on market participants as Stock Act 1991, completed. It found to impounding stock depending on the restrictions to be in the public what stock they keep and where interest. No reform recommended. their property is located. Act assessed as not restricting Inter-departmental review. Following Publicly competition. preliminary review work, Trespass on available Territory Land, Enclosed Lands and Recovery of Lands Acts removed from joint review as no competition restrictions identified. Review not required. Act assessed as No report not restricting competition. Act assessed as not restricting Review not required. competition No restrictions Review, in conjunction with the Lakes Publicly Act 1976, completed. available Report Availability Publicly available Comments on reform See Building Act 1972. Previous Government did not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. Drafting of legislation began for 2001 program, which was shortened by 2001 Election. New Government to approve completion. Act retained without reform. The Protection of Lands Act was repealed on 29 March 2001. Act repealed by Statute Law (Amendment) Act 2000. Page 34 of 53 Name of legislation Public Roads Act 1902 Agency DUS Major restrictions Act assessed as not restricting competition. Comments on review Review not required. Report Availability Comments on reform Rabbit Destruction Act 1919 DUS Recovery of Lands Act 1929 DUS Act assessed as not restricting competition. Act assessed as not restricting competition. Licensing, entry requirements (accreditation: skills, completed training course, aged at least 21 years, suitable person, medically fit), the reservation of practice, business conduct (vehicle requirements unless vehicle provided by person under instruction, display certificate). Mandatory insurance, licensing of insurers, setting fees, implementing NRTC Agreements. Road Transport (Alcohol and DUS Drugs) Act 1977 Road Transport (Driver DUS Licensing) Act 1999 Intra-departmental review completed. Publicly Act assessed as not restricting available competition. Review not required. Act repealed by the Land (Planning and Environment) (Amendment) Act 1997 (No.7) and relevant provisions transferred to the Land (Planning and Environment) Act 1991. Retained without reform. New legislation introduced to meet national reform requirements. Under a system of accreditation, the Act provides for private instructors to undertake training for students wishing to gain their provisional licence. In addition, the legislation also allows for instructors to undertake assessment duties. Review not required. Legislation allows the Government to approve multiple insurers. Regulatory Impact Statement completed. Road Transport (General) Act 1999 Road Transport (Public Passenger Services) Act 2001 DUS DUS Act provides for the accreditation of bus operators and allows the Government to enter into contracts to provide regular public passenger transport services in the ACT. Act also provides for accreditation of taxi networks and taxi operators. Road Transport (Safety and Traffic Management) Act 1999 Road Transport (Vehicle Registration) Act 1999 DUS DUS Act assessed as not restricting competition. Act assessed as not restricting competition. Review not required. Review not required. Page 35 of 53 Name of legislation Roads and Public Places Act 1937 Agency DUS Major restrictions (See comments in review column) Comments on review Stock Act 1991 DUS Surveyors Act 1967 DUS The Government determines stock carrying capacity for rural leases (which affects the level of the stock levy imposed). Restricts the movement of stock. Licensing, entry restrictions (educational prerequisites), the reservation of title and practice, ability of board (made up of mostly surveyors) to make regulations and undertake disciplinary processes. Report Availability Targeted public review, in conjunction Publicly with the review of the Litter Act 1977, available completed in 2000. Final report concluded that in terms of the requirements under NCP guidelines the Act does restrict business to some extent in terms of the areas available for commercial activity and through its advertising restrictions. The public protection and safety benefits of the Act outweigh these impacts on competition. Review, in conjunction with the Animal Not released Diseases Act 1993 and the Pounds Act publicly 1928, completed. It found the restrictions to be in the public interest. No reform recommended. Review completed in December 1998. Publicly Recommendations included retaining available registration, having less rigorous entry standards and abolishing the board in favour of powers of a Chief Surveyor. Comments on reform No further action required. Government accepted review recommendations Act retained without reform. The Government accepted all recommendations but deferred considering removing compulsory postgraduate entry requirements until all jurisdictions have completed their reviews of surveyors legislation. The new Act gives powers to a Commissioner for Surveys, (not a Chief Surveyor). A new Surveyors Act 2001 was passed in February 2001. The Act commenced on 26 July 2001. Surveyors Act 2000 Tree Protection (interim Scheme) Act 2001 Trespass on Territory Land Act 1932 DUS DUS DUS Act assessed as not restricting competition. New legislation replacing 1967 Act. New legislation. RIS prepared when legislation developed Review not required. See above RIS available Retained without reform. Page 36 of 53 Name of legislation Unit Titles Act 1970 Agency DUS Major restrictions Act assessed as not restricting competition. Comments on review Utilities (Telecommunications DUS Installations) Act 2001 Waste Minimisation Act 2001 DUS Water and Sewerage Act 2000 DUS Standards and approval processes for consumers‟ plumbing and drainage installation. Review completed in 2000. This Act has been the subject of a major nonNCP review. There are no identified restrictions on competition. New legislation. RIS prepared when legislation developed New legislation, RIS prepared when RIS available legislation was developed. New legislation that replaced regulations under the repealed Energy and Water Act 1988 Introduction of the Act was part of the utilities legislation, which followed public consultation and review of both existing regulatory arrangements and principles for effective regulation. Report Availability Publicly available Comments on reform Replacement legislation was passed in April 2001 and commenced on 6 October 2001. See now Unit Titles Act 2000. Water Pollution Act 1984 Hawkers Act 1936 DUS DUS DHCC Licensing, entry requirements (age, good character, fit and proper person), business conduct (geographic and time restrictions, business structure). Review by Allen Consulting Group Publicly completed in April 2000. Joint review available with Collections Act 1959. Review involved targeted public consultation with issues paper, meetings and submissions. Recommended: refocusing legislation on land use and continuing positive licensing for hawkers operating from a single location, but having negative licensing for mobile hawkers; removing restrictions on number of vehicles a hawker can operate, number of people hawkers can employ and their age; removing 180-metre exclusion zone from traditional shops, and regulating health, liquor and contraband goods via other legislation. Act repealed by the Environment Protection Act 1997. Government accepted most review recommendations. Legislation is being drafted for introduction into the Legislative Assembly in the 2002 spring session. The restriction involving retention of the regulatory regime preventing hawkers from operating within 180 metres of a shop is to be maintained on public benefit (retail viability, public safety, „most-efficient‟ regulatory model) grounds. Page 37 of 53 Name of legislation Agency Major restrictions Act assessed as not restricting competition. Act assessed as not restricting competition Comments on review Review not required. Consultants review completed March 2002. Report Availability Comments on reform Cultural Facilities DUS Corporation Act 1997 Housing Assistance Act 1987 DUS Yes Administrative recommendations relating to the re-wording of the Act‟s objectives, removing currently unused housing programs and organisational re-structuring of ACT Housing were not accepted. No competitive restrictions in the Act were identified. Page 38 of 53 Name of legislation Administration and Probate Act 1929 Agency JACS Major restrictions Minor NCP issues (imposes restrictions on business structure and conduct). Comments on review Intradepartmental review by the Justice and Community Safety Department completed December 2001. Note that a national review of testamentary legislation is also underway by Australian Law Reform Commissions (led by the Queensland Law Reform Commission). Minor restrictions in the Act are justified given the need to permit the Public Trustee to efficiently perform its function of being the trustee of last resort (that is the trustee that must provide services to low value estates) and the particular circumstances the Act deals with. In particular, funeral and testamentary expenses should have priority if an estate is insolvent because, in the absence of such an arrangement the responsibility for arranging for the burial, or other disposal of a body, would fall on the near relatives of the deceased or on the Territory. The current arrangement places the interests of the near relatives, the Territory and undertakers above those of creditors. Minor amendments to the Act are proposed to reflect introduction of the GST. Report Availability Publicly Available Comments on reform Government is to introduce amendments in June 2002 Page 39 of 53 Name of legislation Agents Act 1968 Agency JACS Major restrictions Licensing (real estate agents, travel agents, business agents, stock and station agents), registration, entry requirements, the reservation of practice, disciplinary processes, business conduct. Comments on review Intradepartmental review by the Justice and Community Safety Department completed April 2001. The review concluded that there are no competition policy issues requiring legislative reform within the real estate, stock and station and business agents‟ markets, but questions the imposition of a licensing regime on the employment agents‟ market. The review found that while the regulatory costs imposed on auctioneers are minor, the benefits appear insufficient to justify the licensing requirements in the Act. In relation to travel agents, a national review is underway (coordinated by Western Australia). A final review report by CIE was released in 2000. Public consultation involved release of issues paper, background paper, consultation and receiving submissions. Review recommended that entry qualifications for travel agents be removed and maintain compulsory insurance, but recommended the requirement for agents to hold membership of the Travel Compensation Fund, the compulsory insurance scheme, be dropped. Instead, a competitive insurance system where private insurers compete with the Travel Compensation Fund was viewed as the best option. Report Availability Publicly Available Comments on reform Government has considered review findings. A licensing board will be retained on public interest (consumer protection) grounds. Page 40 of 53 Name of legislation Agency Major restrictions Comments on review Anglican Church of Australia JACS Trust Property Act 1917 NSW legislation in its application in the Territory Anglican Church of Australia JACS Trust Property Act 1928 (NSW) in its application in the Territory Associations Incorporation Act 1991 JACS Intradepartmental review completed in 1999. Minor issues. Act does not restrict competition. The Act does not give the church a commercial advantage and does not have an anticompetitive effect. Intradepartmental review completed Publicly in 1999. Minor issues. Act does not Available restrict competition. The Act does not give the church a commercial advantage and does not have an anticompetitive effect. Minor NCP issues (imposes Publicly Intradepartmental review by the restrictions on business structure). Justice and Community Safety Available Department completed February 2001. The report concluded that the restrictions were justified as the community benefits from not-for-profit organisations having access to a cheaper and less onerous incorporation regimen. Without it many would opt to not incorporate. This in turn would be disadvantageous to business, as commercial relationships would be more difficult. Intradepartmental review by the Publicly Justice and Community Safety Available Department completed April 2001. Recommended that the Act should be repealed. Not for review. Report Availability Publicly Available Comments on reform Auctioneers Act 1959 JACS Licensing, entry requirements (age, good character, no pawnbrokers), the reservation of practice, business conduct (maintenance of records for at least 12 months). Timing of the repeal is contingent on related amendments to the Agents Act. Australian-American Educational Foundation Act 1966 JACS Act to be repatriated to the Commonwealth. Page 41 of 53 Name of legislation Agency Major restrictions Comments on review Birth (Equality of Status) Act JACS 1988 Births, Deaths and Marriages JACS Registration Act 1997 Business Franchise ('X' Videos) Act 1990 Business Names Act 1963 JACS JACS Minor NCP issues. The Act prohibits carrying on business under a business name which is not registered. It also restricts the types of names that may be registered. Minor NCP issues (imposes a conduct requirement). Intradepartmental review completed in 1999. Minor issues. The Act does not have any material effect on competition. Intradepartmental review completed Publicly in October 2001. Minor issues. The Act Available does not have any material effect on competition. Review not required. Intradepartmental review completed in October 2000. Publicly Available Report Availability Publicly Available Comments on reform Act repealed in 1996 following a High Court decision. Classification (Publications, JACS Films and Computer Games) (Enforcement) Act 1995 Commercial Arbitration Act 1986 Common Carriers Act 1902 (New South Wales) in its application in the Territory JACS Similar restrictions and prohibitions apply in all States and Territories. The very limited effect on competition is outweighed by the benefits associated with being able to identify on a public register the individuals behind the trading name of an enterprise. Joint jurisdictional review underway. Part of an ongoing national regulatory scheme overseen by the Federal Government. Intradepartmental review in 2001 Publicly concluded that the Act does not have Available any material effect on competition. Intradepartmental review completed Publicly in 1999. The Act limits the liability for Available common land carriers ameliorating a common law "strict liability" which otherwise would apply to common carriers. As "strict liability" is not to be removed, the limitation of liability should remain. Government to consider the review findings. JACS Page 42 of 53 Name of legislation Consumer Credit (Administration) Act 1996 Agency JACS Major restrictions Minimal registration and conduct requirements. Comments on review Intradepartmental review in September 2001 concluded that the market suffers from well documented market failures that expose consumers to high levels of financial risk and an inability to discriminate objectively between the providers of services in terms of quality and cost of service. Given the apparent need for government intervention to protect the public interest against market failures, the real question for the ACT community turns on the extent of government intervention and style of regulatory framework necessary to promote the delivery of more efficient and competitively priced services. National review completed in 2001. Review completed in 1999. Report Availability Publicly Available Comments on reform The Act has been maintained on public benefit (consumer protection) grounds. Consumer Credit Act 1995 JACS Part of a national regulatory regime. Publicly Available Publicly Available Contractors' Debts Act 1897 JACS (New South Wales) in its application in the Territory ACT to duplicate model legislation currently being developed by Queensland. Amendments recommended by review included in Justice and Community Safety Amendment Act 2001 which repeals section 5 (which capped the liability of contractors for their employees to 60 days' wages) and section 6 (which limited the period in which a worker can make a claim for wages to 3 months). Coroners Act 1997 JACS Minor issues. Intradepartmental review in 2001 concluded that the Act does not have any material effect on competition. Review not required. Publicly Available Credit Act 1985 JACS Page 43 of 53 Name of legislation Agency Major restrictions Comments on review Intradepartmental review completed in 1999. Crown Proceedings Act 1992 JACS Report Availability Publicly Available Comments on reform Amendments recommended by review included in Justice and Community Safety Amendment Act 2001 which includes an amendment to the Act to remove a competitive advantage enjoyed by the Crown when it carries on business activities. Act repealed by the Defamation Act 2001. Defamation Act 1901 (New South Wales) in its application in the Territory Discrimination Act 1991 JACS JACS Minor NCP issues (confers differential statutory defences to different parts of the media market). Minor NCP issues (Sections 28 and 29 provide exceptions for the insurance and superannuation industries from unlawful discrimination.). Review not required. Intradepartmental review in September 2001 concluded that the insurance and superannuation industries are entitled to rely on actuarial, statistical, or other data or relevant factors to discriminate against persons where reasonable having regard to such information. The costs are minimal and the public benefit test is satisfied. Intradepartmental review in 2001 concluded that the Act does not have any material effect on competition. Publicly Available Domestic Relationships Act 1994 Door-to-Door Trading Act 1991 JACS Publicly Available Publicly Available JACS Imposes conduct restrictions. Intradepartmental review in October 2000 concluded that Costs are minor. Public benefit is high. Page 44 of 53 Name of legislation Door-to-Door Trading Act 1991 (Part 2) Agency JACS Major restrictions Restricts the hours during which door to door sellers may operate. Comments on review Intradepartmental review in October 2000 concluded that costs are minor. Public benefit is high – taking into consideration the need for rest for family members undisturbed by door to door traders during periods of the night and day which are normally periods of rest. Review not required. Act assessed as not restricting competition. Report Availability Publicly Available Comments on reform Earnings (Assignment and Attachment) Act 1966 Electoral Act 1992 Enforcement of Public Interests Act 1973 JACS JACS JACS Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Imposes conduct restrictions. Fair Trading (Consumer JACS Affairs) Act 1973 (previously Consumer Affairs Act 1973) Fair Trading (Fuel Prices) Act JACS 1993 Intradepartmental review in September 2001 concluded that the Act is pro-competition. Minor amendments proposed. Publicly Available Amendments included in the Fair Trading (Amendment) Act 2001. Allows the relevant Minister to set fuel prices. Fair Trading (Petroleum Retail Marketing) Act 1995 JACS Intradepartmental review completed Publicly in 1999. It concluded that the Act has Available no effect on the market unless the Minister exercises a power to determine fuel prices under the Act. The Minister is unlikely to make such a determination unless the market is acting in a collusive or anticompetitive manner. On activation, costs would be significant. However, there would be a countervailing and greater community benefit. There is no viable or realistic alternative. Full public review completed. Act to be retained on public benefit (consumer protection) grounds. Repealed. Page 45 of 53 Name of legislation Fair Trading Act 1992 Agency JACS Major restrictions Registration and mandatory codes of practice for bodyguards, security guards, cash transit industry, crown marshals, and guard and patrol services, entry requirements (competency, character - criminal record check), the reservation of practice, disciplinary processes, business licensing. Comments on review Intradepartmental review in September 2001 concluded that the Act is pro-competition. Minor amendments proposed. Report Availability Publicly Available Comments on reform Amendments included in the Fair Trading (Amendment) Act 2001. Family Provision Act 1969 Firearms Act 1996 JACS JACS Freedom of Information Act 1989 JACS Minor NCP issues. Government Solicitor Act JACS 1989 Guardianship and JACS Management of Property Act 1991 Innkeepers' Liability Act JACS 1902 (New South Wales) in its application in the Territory Minor NCP issues (conduct requirements). Institute for the Study of Man and Society Incorporation Act 1968 Judgment Creditors Remedies Act 1933 JACS JACS Review not required. Act assessed as not restricting competition. Review not required. Part of a national regulatory scheme with separate review mechanisms: legislation is subject to overriding public safety considerations. Intradepartmental review in September 2001 concluded that the Act is not anti-competitive. Review not required. Act assessed as not restricting competition. Intradepartmental review in September 2001 concluded that the Act is not anti-competitive. Intradepartmental review completed in 1999. The Act limits the liability for innkeepers ameliorating a common law "strict liability" which otherwise would apply to them. As "strict liability" is not to be removed, the limitation of liability should remain. No review required. Act assessed as not restricting competition. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Publicly Available Publicly Available Publicly Available Act to be repatriated back to the Commonwealth. Publicly available Page 46 of 53 Name of legislation Judiciary (Stay of Proceedings) Act 1933 Juries Act 1967 Land Titles (Unit Titles) Act 1970 Land Titles Act 1925 Landlord and Tenant Act 1899 (New South Wales) in its application in the Territory Landlord and Tenant Act 1949 Law Reform (Manufacturers Warranties) Act 1977 Agency JACS JACS JACS JACS JACS Major restrictions Comments on review as as as as Report Availability Comments on reform Review not required. Act assessed not restricting competition. Review not required. Act assessed not restricting competition. Minor NCP issues (imposes a Review not required. Act assessed conduct requirement). not restricting competition. Minor NCP issues (imposes conduct Review not required. Act assessed requirements). not restricting competition. Act repealed by Residential Tenancies Act 1997. Act repealed by Residential Tenancies Act 1997. Repealed by the Fair Trading (Amendment) Act 2001 because it duplicates more extensive provisions in the Trade Practices Act. JACS JACS Act assessed as not restricting competition. Act assessed as not restricting competition. Intradepartmental review in July 2000 concluded that costs are minor public benefit is high. Review not required. Act assessed as not restricting competition. National review has overtaken local review. Publicly available Publicly available Publicly Available Law Reform JACS (Misrepresentation) Act 1977 Lay-by Sales Agreements Act JACS 1963 Legal Aid Act 1977 Legal Practitioners Act 1970 JACS JACS Imposes conduct restrictions. Licensing, registration, entry requirements, disciplinary processes, reservation of title and practice, business conduct (including professional indemnity insurance (two providers), ownership, locally registered foreign legal practitioner advertising (should not be false, misleading or deceptive or suggest legal practitioner is domestic)). Discussion paper publicly available Review of the Legal Practitioners Act 1970 has ceased. Further review and reform activity will occur at a national level to ensure a uniform and nationally consistent framework for the industry. Jurisdictions‟ Attorneys-General are overseeing the establishment of the review panel with the expectation that model legislation can be developed before the end of 2002. Page 47 of 53 Name of legislation Legislation (Republication) Act 1996 Liquor Act 1975 (except subsections 42E(2) and 42E(4)) Agency JACS JACS Major restrictions Comments on review Intradepartmental review completed in 1999. Minor issues. Report Availability Publicly Available Publicly Available Comments on reform Act to be retained on public benefit test. Replaced by Legislation Act 2001. Act has been maintained on public benefit (consumer protection) grounds. Minor amendments included in the Justice and Community Safety Legislation Amendment Act 2001. Regulates the sale of liquor via licences. Intradepartmental review completed in 2001. Minor amendments to Act recommended. Act assessed as not substantially impacting on competition. Intradepartmental review completed in 1999. Act to be retained on public benefit test. Minor issues. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Intra-departmental review completed in 1999. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Intra-departmental review completed in 2000. Listening Devices Act 1992 Magistrates Court Act 1930 Mediation Act 1997 Mercantile Law Act 1962 Notaries Public Act 1984 Oaths and Affirmations Act 1984 Ombudsman Act 1989 Partnership Act 1963 JACS JACS JACS JACS JACS JACS JACS JACS Minor issues. Publicly Available Publicly Available Archaic provisions to be repealed. Publicly Available. Amendments recommended by the review included in Justice and Community Safety Legislation Amendment Bill (No. 2) 2000. Amendments remove a disincentive to ACT partners accepting positions on public or private sector corporate boards. Page 48 of 53 Name of legislation Agency Major restrictions Licensing, registration, entry requirements (aged over 18 years, fit and proper person), the reservation of practice, business conduct (prescribed records, public auction unredeemed goods over $10, cooperation with police). Comments on review Intradepartmental review in September 2001 concluded that the Act should be retained, but that a number of amendments should be made. Because this market is at risk of being used by criminals to pass on stolen goods, there is a strong public policy reason to retain record keeping requirements and police powers of inspection. These include: requirements for people who regularly trade in second hand goods to maintain and provide records of transactions to the police; the retention of goods by notice where police believe it to be necessary to check whether the goods have been stolen before being on-sold; and vesting a power in the court to prohibit further participation in the industry where appropriate. However, the requirements should be altered to take into account new technology and the archaic business rules in the legislation should largely be repealed. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Pawnbrokers Act 1902 (New JACS South Wales) in its application to the Territory Report Availability Publicly Available Comments on reform Amendments involving simplified licensing procedures have been agreed to by the Government and will introduced into the Legislative Assembly before July 2002. Periodic Detention Act 1995 JACS Perpetuities and JACS Accumulations Act 1985 Powers of Attorney Act 1956 JACS Presbyterian Church (Proposals for Union with other Churches) Act 1972 JACS Page 49 of 53 Name of legislation Presbyterian Church Trust Property Act 1971 Agency JACS Major restrictions Comments on review Printing and Newspapers Act JACS 1961 Proceeds of Crime Act 1991 JACS Prohibited Weapons Act 1996 JACS Intradepartmental review completed in 1999. Concluded that to the extent that the Act does not give the church a commercial advantage, the Act does not have an anti-competitive effect. Intradepartmental review completed in 1999. Minor NCP issues (imposes conduct Intradepartmental review completed requirements). in October 2000. The Act has a high public benefit. While competition policy issues have been identified, the legislation is justified on a cost-benefit basis. Some changes may be desirable having regard to any changes to Commonwealth legislation. Review not required. Part of a national regulatory scheme subject to separate review requirements. Legislation is subject to overriding public safety considerations. Report Availability Publicly Available Comments on reform Publicly Available Publicly Available Act repealed. Page 50 of 53 Name of legislation Prostitution Act 1992 Agency JACS Major restrictions Comments on review Public Trustee Act 1985 JACS Real Property (Unit Titles) Act 1970 Registration of Births, Deaths and Marriages Act 1963 Registration of Deeds Act 1957 JACS JACS JACS Intradepartmental review completed in August 2000. The public benefits achieved by the Act‟s regulation of prostitution outweigh its cost to business. The ACT has one of the least intrusive legislative schemes regarding prostitution in Australia, particularly in the light of the difficulty of balancing community concerns in this area. In a number of states the criminal model continues to apply to prostitution. In some other states, far more restrictive and expensive licensing schemes have been adopted. Public health concerns and protecting children from exploitation are considered paramount concerns which are appropriately addressed by legislative regulation of the industry. Prohibits other than Trustee Intradepartmental review completed Publicly companies to act as Public Trustee. in August 2000. The Public Trustee Available performs functions that benefit greatly the wider community. A number of minor non-competition issues (concerning the ambit of the Trustee‟s discretion were identified for further consideration). Review not required. Review not required. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Publicly Available Report Availability Publicly Available Comments on reform Act repealed. Act repealed. Page 51 of 53 Name of legislation Registration of Interests in Goods Act 1990 Roman Catholic Church Property Trust Act 1937 Agency JACS JACS Major restrictions Comments on review Intradepartmental review completed in 2000. Act assessed as not restricting competition. Intradepartmental review completed in 1999. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anti-competitive effect. Act assessed as not restricting competition. Intradepartmental review completed in July 2000. Minor amendments identified. Intradepartmental review completed in July 2000. Because the market is at risk of being used by criminals to pass on stolen goods, there is a strong public policy reason to retain the regulatory regime. However, the Sale of Motor Vehicles Act 1906 should be amended to remove archaic provisions. Report Availability Publicly Available Publicly Available Comments on reform Act repealed by the Sale of Motor Vehicles Amendment Bill 2000. Sale of Goods (Vienna Convention) Act 1987 Sale of Goods Act 1954 Sale of Motor Vehicles Act 1977 JACS JACS JACS Imposes conduct requirements inconsistent with the Commonwealth TPA. Publicly Available Publicly Available Amended by the Fair Trading (Amendment) Act 2001 Minor amendments recommended by review included in Justice and Community Safety Legislation Amendment Act 2001. Page 52 of 53 Name of legislation Salvation Army Property Trust Act 1934 Agency JACS Major restrictions Comments on review Second-hand Dealers and Collectors Act 1906 (New South Wales) in its application in the Territory JACS Small Claims Act 1974 Subordinate Laws Act 1989 JACS JACS Intradepartmental review completed in 1999. Minor issues. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anti-competitive effect. Licensing, registration, entry Department review completed in Publicly requirements (aged over 18 years, 2000. Recommended: updating Available fit and proper person), the definition of second-hand goods; reservation of practice (persons altering business conduct who deal in certain second-hand requirements to take into account new goods), business conduct technology; and repealing a number of (prescribed records, holding of the business rules in the legislation goods for prescribed period, and repealing provisions dealing with cooperation with police). the licensing and regulation of collectors. Review not required. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Intradepartmental review completed in 1999. Minor issues. Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Review not required. Review not required. Act assessed as not restricting competition. National review soon to be completed. Review not required. Act assessed as not restricting competition. Publicly Available Publicly Available Report Availability Publicly Available Comments on reform Amendments recommended by review included in Justice and Community Safety Legislation Amendment Act 2001. Act repealed. Substitute Parent JACS Agreements Act 1994 Supervision of Offenders JACS (Community Service Orders) Act 1985 Supreme Court Act 1933 JACS Tenancy Tribunal Act 1994 Trade Measurement (Administration) Act 1991 Trade Measurement Act 1991 Trading Stamps Act 1972 JACS JACS JACS JACS Act to be retained on public benefit test. Leases (Commercial and Retail) Act 2001 repeals the Act. Page 53 of 53 Name of legislation Trustee Act 1957 Agency JACS Major restrictions Minor issues. Comments on review Intra-departmental review completed in 1999. Report Availability Publicly Available Comments on reform Anti-competitive provisions to be repealed. Repeal of listed investments in Trustee (Amendment) Bill 1999 to allow a trustee to invest in any form of investment. However, it also requires the trustee to exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of other persons. Act will be repealed by proposed uniform trustee companies legislation drafted for consideration by the Standing Committee of Attorneys-General. Trustee Companies Act 1947 JACS National review completed. Unclaimed Moneys Act 1950 JACS Uncollected Goods Act 1996 Uniting Church in Australia Act 1977 JACS JACS Witness Protection Act 1996 JACS Essential Services (Continuity of Supply) Act 1992 Fuels Control Act 1979 JACS JACS Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Intradepartmental review completed Publicly in 1999. To the extent that the Act Available does not give the church a commercial advantage, the Act does not have an anti-competitive effect. Review not required. Act assessed as not restricting competition. Not for review. No report Intradepartmental review completed in 1999. Publicly Available Repealed and replaced by the Utilities Act 2000. Act to be retained on public benefit test.