 Commonwealth of Australia 2003 ISBN 0-9751341-0-8 This work is subject to copyright. Apart from any use as permitted under the Copyright Act 1968, the work may be reproduced in whole or in part for study or training purposes, subject to the inclusion of an acknowledgement of the source. Reproduction for commercial use or sale requires prior written permission from AusInfo. Requests and inquiries concerning reproduction and rights should be addressed to the Manager, Legislative Services, AusInfo, GPO Box 1920, Canberra, ACT, 2601. Inquiries or comments on this report should be directed to: Media and Communications Manager National Competition Council Level 9/128 Exhibition Street MELBOURNE VIC 3000 Ph: (03) 9285 7474 Fax: (03) 9285 7477 Email: info@ncc.gov.au An appropriate citation for this paper is: National Competition Council 2003, Assessment of governments’ progress in implementing the National Competition Policy and related reforms: Volume two – Legislation review and reform, AusInfo, Canberra. The National Competition Council The National Competition Council was established on 6 November 1995 by the Competition Policy Reform Act 1995 following agreement by the Commonwealth, State and Territory governments. It is a federal statutory authority which functions as an independent advisory body for all governments on the implementation of the National Competition Policy reforms. The Council’s aim is to ‘improve the well being of all Australians through growth, innovation and rising productivity, and by promoting competition that is in the public interest’. Information on the National Competition Council, its publications and its current work program can be found on the internet at www.ncc.gov.au or by contacting NCC Communications on (03) 9285 7474. Table of contents Abbreviations 1 Primary industries Agricultural commodities Fisheries Forestry Agriculture-related products and services Mining 2 Transport Taxis and hire cars Road transport-related legislation Rail Ports and sea freight Air transport Other transport 3 Health and pharmaceutical services Regulating the health professions Drugs, poisons and controlled substances Commonwealth health legislation Population health and public safety 4 Legal services Legislative restrictions on competition Harmonising legislation regulating the legal profession Review and reform activity ix 1.1 1.1 1.55 1.92 1.109 1.165 2.1 2.1 2.25 2.38 2.43 2.62 2.67 3.1 3.1 3.83 3.89 3.101 4.1 4.1 4.4 4.5 Page i 2003 NCP assessment 5 Other professions and occupations Legislative restrictions on competition Regulating in the public interest Review and reform activity 5.1 5.1 5.2 5.2 6.1 6.1 6.4 6.28 7.1 7.1 7.11 7.26 8.1 8.1 8.2 8.3 9.1 9.1 9.21 9.29 10.1 10.1 10.11 10.19 11.1 11.1 11.3 11.5 6 Finance, insurance and superannuation services The finance sector Insurance services Superannuation services 7 Retail trading Shop trading hours Liquor licensing Petrol retailing 8 Fair trading and consumer protection legislation Legislative restrictions on competition Regulating in the public interest Review and reform activity 9 Social regulation: education, child care and gambling Education Child care Gambling 10 Planning, construction and development services Planning and approval Building regulations and approval Service providers 11 Communications Regulation and technological change Legislation restricting competition Review and reform activity Page ii Table of contents CPA clause 4 obligations relating to Telstra Competitive neutrality matters 12 Barrier assistance measures Industry assistance Passenger motor vehicles Textiles, clothing and footwear Antidumping and countervailing measures 13 New legislation that restricts competition Principles for effective gatekeeping Governments’ gatekeeping arrangements Gatekeeping — an ongoing process 14 National legislation review and reform matters Progress with national reviews Assessment 11.11 11.13 12.1 12.1 12.2 12.5 12.9 13.1 13.2 13.3 13.18 14.1 14.1 14.10 Appendixes A B National Competition Policy contacts Commonwealth Office of Regulation Review: report on compliance with national standard setting 1. 2. 3. 4. 5. 6. 7. 8. Background to the Office of Regulation Review’s (ORR’s) report The focus and scope of the ORR’s report Matters for which COAG’s requirements were met Matters for which COAG’s requirements were not met Compliance in cases of emergency Trends in compliance with COAG RIS requirements Compliance issues Improving compliance A.1 B.1 B.2 B.3 B.5 B.8 B.11 B.11 B.13 B.14 R.1 References Page iii 2003 NCP assessment Boxes 3.1 Queensland’s review and reform of health practitioner legislation 3.2 Western Australia’s policy framework and core practices review 3.3 The ACT’s review and reform of health practitioner legislation 10.1 Planning and land use projects under review by New South Wales under the EP&A Act 13.1 A glossary of legislative terms 13.2 A best practice approach with room for improvement 13.3 New South Wales guide to best practice for regulatory systems 3.6 3.8 3.10 10.5 13.2 13.5 13.8 Tables 1.1 Key agricultural commodities with statutory marketing arrangements, 1995 1.2 Grain marketing restrictions before NCP review and reform 1.3 Review and reform of legislation regulating the marketing of grains 1.4 Review and reform of legislation regulating the marketing of milk and dairy products 1.5 Review and reform of legislation regulating the marketing of eggs 1.2 1.5 1.21 1.26 1.31 1.6 Review and reform of legislation regulating chicken growing services 1.40 1.7 Review and reform of legislation regulating marketing of other agricultural products 1.8 Fishing controls and their impact on market competition 1.9 Review and reform of the Fisheries Act (Victoria) 1.10 Review and reform of the Fisheries Act (Queensland) 1.11 Review and reform activity of legislation regulating fisheries 1.12 Forest estate by State/Territory and type 1.13 Review and reform of legislation regulating forestry 1.14 Implementation of competitive neutrality in public forestry 1.15 Size and profitability of government forestry businesses 1.53 1.60 1.68 1.71 1.85 1.92 1.100 1.104 1.107 Page iv Table of contents 1.16 Review and reform of legislation regulating agvet chemicals 1.17 Review and reform of legislation regulating mediation of farm debt disputes 1.18 Review and reform of legislation regulating bulk grain handling and storage 1.19 Review and reform of food regulation 1.20 Review and reform of quarantine and export control regulation 1.21 Review and reform of veterinary surgery regulation 1.22 Review and reform of legislation regulating mining 2.1 Review and reform of legislation regulating the taxi industry 2.2 Review and reform of legislation regulating tow trucks 2.3 Review and reform of legislation regulating dangerous goods 2.4 Review and reform of legislation regulating rail services 2.5 Review and reform of legislation regulating port, marine and shipping activity 2.6 Review and reform of legislation regulating air transport 2.7 Review and reform of legislation regulating other transport 3.1 Review and reform of legislation regulating the chiropractic profession 3.2 Review and reform of legislation regulating the dental professions 3.3 Review and reform of legislation regulating the medical profession 3.4 Review and reform of legislation regulating the nursing profession 1.117 1.128 1.132 1.141 1.153 1.162 1.170 2.21 2.29 2.33 2.40 2.53 2.66 2.68 3.12 3.22 3.28 3.33 3.5 Review and reform of legislation regulating the optometry professions 3.41 3.6 Review and reform of legislation regulating the osteopathy profession 3.46 3.7 Review and reform of legislation regulating the pharmacist profession 3.55 3.8 Review and reform of legislation regulating the physiotherapy profession 3.9 Review and reform of legislation regulating the podiatry profession 3.60 3.64 3.10 Review and reform of legislation regulating the psychology profession 3.68 3.11 Review and reform of legislation regulating other health professions 3.81 Page v 2003 NCP assessment 3.12 National review of drugs, poisons and controlled substances 3.13 Review and reform of Commonwealth health legislation 4.1 Review and reform of legislation regulating legal services 5.1 Review and reform of legislation regulating commercial agents, inquiry agents and security providers 5.2 Review and reform of legislation regulating driving instructors 5.3 Review and reform of legislation regulating motor vehicle dealers 5.4 Review and reform of legislation governing pawnbrokers and second-hand dealers 5.5 Review and reform of legislation regulating real estate agents 5.6 Review and reform of legislation regulating travel agents 5.7 Review and reform of legislation regulating auctioneers 5.8 Review and reform of legislation regulating conveyancers 5.9 Review and reform of legislation regulating employment agents 5.10 Review and reform of legislation regulating hairdressers 5.11 Review and reform of legislation regulating hawkers 5.12 Review and reform of legislation regulating other occupations licensed by some, but not all jurisdictions 6.1 Provider arrangements for CTP and workers compensation insurance 6.2 Review and reform of legislation regulating compulsory third party motor vehicle insurance 6.3 Review and reform of legislation regulating workers compensation insurance 6.4 Review and reform of legislation regulating public sector superannuation 7.1 Review and reform of legislation regulating shop trading hours 7.2 Review and reform of trading-related legislation 7.3 Review and reform of legislation regulating liquor licensing 7.4 Review and reform of legislation regulating petrol retailing 8.1 Review and reform of fair trading Acts Page vi 3.87 3.99 4.21 5.7 5.13 5.16 5.21 5.33 5.39 5.43 5.50 5.55 5.61 5.64 5.67 6.6 6.24 6.26 6.35 7.7 7.10 7.22 7.30 8.6 Table of contents 8.2 Review and reform of other fair trading legislation 8.3 Review and reform of legislation regulating consumer credit 8.4 Review and reform of legislation regulating trade measurement 9.1 Review and reform of legislation regulating general education 8.14 8.24 8.30 9.10 9.2 Review and reform of legislation regulating vocational education and training 9.15 9.3 Review and reform of legislation regulating universities 9.4 Review and reform of legislation regulating child care 9.5 Review and reform of legislation regulating casinos 9.6 Review and reform of TAB legislation 9.7 Review and reform of lotteries legislation 9.8 Review and reform of legislation regulating racing and betting 9.9 Review and reform of legislation regulating gaming machines 9.10 Review and reform of legislation regulating Internet gambling 9.11 Review and reform of legislation regulating minor and other gambling 10.1 Review and reform of legislation regulating planning and approval 10.2 Review and reform activity of legislation regulating building 10.3 Review and reform of legislation regulating architects 10.4 Review and reform of legislation regulating engineers 10.5 Review and reform of legislation regulating surveyors 10.6 Review and reform of legislation regulating land valuers 10.7 Review and reform of legislation regulating building trades 11.1 Review and reform of legislation regulating communications 12.1 Commonwealth Government review and reform of legislation providing barrier assistance 13.1 RIS compliance for Commonwealth regulatory proposals at the decision-making stage 13.2 Gatekeeping arrangements for new legislation 9.17 9.25 9.40 9.49 9.57 9.67 9.84 9.91 9.96 10.8 10.16 10.26 10.32 10.38 10.49 10.67 11.15 12.11 13.6 13.20 Page vii 2003 NCP assessment B.1 Cases where COAG RIS requirements were met B.2 Cases where COAG RIS requirements were not met B.3 COAG RIS compliance for regulatory decisions made by Ministerial Councils and NSSBs, 2000-01 to 2002-03 B.6 B.8 B.13 Page viii Abbreviations ACCC ACT ACTEW Agvet AHMAC AMA ANZECC ANZFA ANZFSC ANZMEC APRA ARMCANZ AWBI CASA CBH CCNCO CIA CIE CMS CoAG CPA CRR Australian Competition and Consumer Commission Australian Capital Territory ACTEW Corporation Agricultural and veterinary Australian Health Ministers Advisory Council Australian Medical Association Australian and New Zealand Environment and Conservation Council Australia New Zealand Food Authority Australia New Zealand Food Standards Council Australian and New Zealand Minerals and Energy Council Australian Prudential Regulation Authority Agriculture and Resource Management Council of Australia and New Zealand AWB International Limited Civil Aviation Safety Authority Cooperative Bulk Handling Limited Commonwealth Competitive Neutrality Complaints Office Competition Impact Analysis Centre for International Economics Centralised monitoring system Council of Australian Governments Competition Principles Agreement Committee on Regulatory Reform (CoAG) Page ix 2003 NCP assessment CSIRO CSO CTP EP&A Act ETEF EWP EWR FRC FSANZ GBE GPAL GPOC HAL HEC ICRC IPART MDBC NCC NCP NECA NEM NEMMCO NEVDIS NSWRMB NT Commonwealth Scientific and Industrial Research Organisation Community service obligation Compulsory Third Party Environmental Planning and Assessment Act 1979 (NSW) Electricity Tariff Equalisation Fund Environmental water provision Environmental water requirements Full retail contestability Food Standards Australia New Zealand Government business enterprises Gas Pipelines Access Law Government Prices Oversight Commission (Tasmania) Horticulture Australia Limited Hydro Electric Corporation (Tasmania) Independent Pricing and Regulatory Commission (ACT) Independent Pricing and Regulatory Tribunal Murray–Darling Basin Commission National Competition Council National Competition Policy National Electricity Code Administrator National electricity market National Electricity Market Management Company National Exchange of Vehicle and Driver Information System New South Wales Rice Marketing Board Northern Territory Page x Chapter Abbreviations OECD ORR PAWA PBS PBT PC RFA RIS ROP SCARM SEVS SMA TAB TAC TAFE TPA VEETAC VORR WEA WRP WSAA Organisation for Economic Co-operation and Development Office of Regulation Review (Commonwealth) Power and Water Authority Pharmaceutical Benefits Scheme Public benefit test Productivity Commission Regional Forest Agreements Regulatory/regulation impact statement Resource Operations Plan Standing Committee on Agriculture and Resource Management Specialist and Enthusiast Vehicle Scheme Statutory marketing authority Totalisator agency board Total allowable catch Technical and Further Education Trade Practices Act 1974 Vocational Education, Employment and Training Committee Office of Regulation Reform (Victoria) Wheat Export Authority Water Resource Plan Water Services Association of Australia Page xi