9 Review and reform of legislation The Competition Principles Agreement (CPA) obliged governments to review and, where appropriate, reform legislation that restricts competition by 30 June 2002. The guiding principle embodied in CPA clause 5(1) is that restrictions on competition should be removed unless it can be demonstrated that restricting competition benefits the community overall (being in the public interest) and is necessary to achieve the objectives of the legislation. The CPA clause 5 also obliges governments to: • • review, at least once every 10 years, any restrictive legislation against the guiding principle to ensure regulation remains relevant ensure new legislation that restricts competition is consistent with the clause 5(1) guiding principle (see chapter 4). CPA clause 5 originally set a target date of 2000 for governments to complete the review and reform of all legislation containing restrictions on competition. In November 2000, the Council of Australian Governments (COAG) extended the deadline to 30 June 2002. In the 2002 NCP assessment, for timing reasons, the National Competition Council provided a further year’s extension but advised all governments that: Review and/or reform activity that is incomplete or not consistent with NCP principles at June 2003 will be considered to not comply with NCP obligations. Where noncompliance is significant … the Council is likely to make adverse recommendations on payments. (NCC 2002, p. xvi) Consistent with this caution, for the 2003 NCP assessment the Council recommended competition payment reductions and suspensions for all state and territory governments for failure to complete review and reform activity. The reduced competition payments spurred governments to expedite reforms, resulting in many of the suspensions and deductions being lifted in the 2004 NCP assessment. Given that this 2005 NCP assessment is the final under the current NCP program, it addresses all remaining unmet commitments. Assessing compliance The Council considers review activity and reform implementation when assessing governments’ compliance with the NCP. It looks for transparent, Page 9.1 2005 NCP assessment robust and objective reviews, because these increase the likelihood of policy outcomes that are in the public interest. The Council also looks for governments to implement review recommendations expeditiously, unless a government can demonstrate that review recommendations are not in the public interest. In 2000, COAG directed that the Council’s assessment of whether governments have met their commitments under CPA clause 5(1) should be guided by the following amendment to the CPA: In assessing whether the threshold requirement of clause 5 has been achieved, the NCC should consider whether the conclusion reached in the report is within a range of outcomes that could reasonably be reached based on the information available to a properly constituted review process. Within the range of outcomes that could reasonably be reached it is a matter for government to determine what policy is in the public interest. (COAG 2000) Other guidance provided by COAG (2000) included: • requesting that governments document the public interest reasons supporting their reform decisions and make this reasoning publicly available requesting that governments consider the likely impacts of reform measures on specific industry sectors and communities, including the likely adjustment costs recognising that satisfactory reform implementation may include a firm transitional arrangement that extends beyond 30 June 2002, where justified by a public interest assessment. • • COAG’s guidance points to the need for a rigorous analytical approach whereby reviews consider all relevant evidence and logically draw conclusions and recommendations from that evidence. Policy actions in line with review findings and recommendations based on flawed analysis or incomplete evidence may not satisfy the CPA guiding principle. High quality reviews of legislation contribute to well considered, effective policy outcomes. Taking into account the guidance provided by COAG at its November 2000 meeting, the Council’s approach in assessing compliance with CPA clause 5 is to look for evidence that reviews: • • had terms of reference based on CPA clause 5(9) were conducted by a review panel able to undertake an independent and objective assessment of all matters relevant to the legislation under review, including restrictions on competition and public interest matters provided for public participation (including by interested parties) • Page 9.2 Chapter 9 Review and reform of legislation • • • assessed all costs and benefits of competition restrictions and considered alternative means of achieving the objective of the legislation considered all relevant evidence demonstrated a net public benefit when recommending that a government introduce or retain restrictions on competition. To test whether restrictions on competition are warranted, governments need to consider the (non-exhaustive) public interest factors in CPA clause 1(3). Any restrictions must benefit the whole community, not just particular groups. The Council encourages governments to make their review reports publicly available. The CPA guiding principle does not mean that governments must always conduct a full public review before reforming restrictions on competition. Governments sometimes repeal redundant legislation after preliminary scrutiny shows that the legislation provides no public benefit. Such action meets the CPA objectives. Similarly, a government may choose to disregard a review recommendation supporting a restriction or seek to achieve policy outcomes via an approach other than that recommended by a review. Where a government does not implement the recommendation of a properly constituted rigorous review, however, the Council looks for the government to provide a robust net community benefit argument, demonstrating why the approach recommended by the review was inappropriate. Competition payments Recognising the resource demands on governments from completing reviews and (where necessary) implementing reforms, the Council considered that the greatest benefit to the community would arise from prioritising review and reform activity to address those restrictions with a greater impact on competition. Accordingly, in 2001, the Council identified priority areas of regulation likely to have nontrivial impacts on competition (see box 4.2 in volume 1 of the 2003 NCP assessment—NCC 2003a). This prioritisation also means that the Council’s resources are used more effectively in engaging with governments to progress more significant reforms. The effect of categorising legislation in this way is that the Council scrutinises closely around 800 pieces of priority legislation and monitors activity for a further 1000 nonpriority areas. Compliance breaches for priority legislation can attract individual penalties or contribute to pool suspensions, whereas compliance breaches for nonpriority legislation do not have direct adverse payment implications. However, governments’ overall performance in meeting their obligations with the suite of nonpriority legislation can bear on competition payments. Page 9.3 2005 NCP assessment The Council’s NCP assessments focus on priority legislation areas. Progress with the review and reform of nonpriority legislation is reported periodically in legislation review compendiums. However, because this 2005 NCP assessment is the final under the current NCP program, details of all outstanding nonpriority legislation are provided at the end of each government’s assessment chapter (see chapters 10–18). For this 2005 NCP assessment, the Council determined that jurisdictions would be assessed as meeting CPA obligations where: • • the review and, where appropriate, reform of a particular piece of legislation met fully the CPA clause 5(1) guiding principle the review and reform activity was consistent with the CPA clause 5(1) guiding principle, but reform was yet to be completed because it involved a transitional implementation program, supported by a robust public interest test. In many instances, outcomes have not been consistent with the obligations under CPA clause 5(1). In other cases, noncompliance is the result of a government not meeting the deadline. Where review and reform activity is incomplete owing to a need to resolve outstanding national reviews or other interjurisdictional processes, the Council has excluded these matters from its consideration of competition payments recommendations. In making its recommendations on competition payments, the Council judges the significance of each compliance failure based on the relative importance of a compliance breach’s impacts on the community and economy, and on COAG’s direction that the Council account for each state or territory’s overall commitment to the NCP. Based on its judgment about the significance of each compliance failure, the Council determined in the 2003 and 2004 NCP assessments whether any recommended reduction in competition payments should be a specific deduction or suspension, or whether general pool suspensions should account for the compliance failure (see box 1). The Australian Government accepted all of the Council’s recommendations arising from the 2003 and 2004 NCP assessments. This 2005 NCP assessment is the last such assessment under the current NCP program and the Australian Government has advised that the 2005-06 competition payments are the last such payments. For this reason, the Council has not recommended any suspensions that would require a further review; it has thus limited recommendations on 2005-06 competition payments to deductions. Page 9.4 Chapter 9 Review and reform of legislation Box 9.1: Competition payments—suspensions and deductions Permanent deductions are irrevocable reductions in governments’ competition payments. The Council recommends permanent deductions for specific compliance failures. If the relevant governments have not improved compliance in these areas for the subsequent NCP assessment, the Council may recommend that the deductions be ongoing. Specific suspensions are a temporary hold on competition payments until a government completes its compliance efforts in a particular area. In 2003 and 2004, specific suspensions were recommended to apply until the relevant governments met predetermined conditions, at which time the suspended competition payments would be released. Where commitments have not been made or met for the subsequent NCP assessment, or reform action was not implemented, the Council may recommend that the suspended payments should be withheld permanently. Pool suspensions apply to a pool of outstanding compliance failures. If satisfactory progress has been made to improve compliance for this 2005 NCP assessment, the Council may recommend that the 2004 pool suspension be lifted or reduced. If satisfactory progress has not been made, the Council may recommend that all or part of the suspension be converted to a permanent deduction from competition payments. Developments since the 2004 NCP assessment This 2005 NCP assessment considers the actions of governments over the past 12 months in the areas of noncompliance identified in the 2004 NCP assessment. Table 9.1 compares legislation review and reform outcomes in 2004 and 2005, indicating (in broad terms) the progress that has been made.1 Most governments made progress in the past year. For priority legislation, however, the improvement in compliance has been mixed. Some governments (such as Victoria and Tasmania) that had made relatively good progress in the past are now faced with a ‘rump’ of legislation whose reform is mired in national processes and cannot be progressed in the near term. Those jurisdictions that have historically performed poorly relative to others continue to do so, with Western Australia having completed just over half of its priority legislation review and reform program to date. The Australian Government and South Australia also continue to lag below the average. That said, all three jurisdictions have improved since the 2004 NCP assessment. 1 In interpreting the data, note that: – the estimates can reflect the differential treatment across jurisdictions—for example, a ‘Chiropractors and Osteopaths Act’ would be counted once, whereas separate legislation for each profession would be counted twice – in some cases, a jurisdiction’s review and reform activity for one issue might encompass several pieces of legislation—for example, reform of the Australian Government’s superannuation legislation involved 10 pieces of legislation Given that such considerations can skew outcomes, the Council does not place undue emphasis on small deviations in compliance ratios across jurisdictions. Page 9.5 2005 NCP assessment Table 9.1: Overall outcomes with the review and reform of legislationa Proportion of priority legislation complying (%) 2004 Australian Government New South Wales Victoria Queensland Western Australia South Australia Tasmania ACT Northern Territory Total 60 83 84 83 46 60 82 81 79 74 2005 64 88 84 85 55 69 84 82 82 78 Proportion of nonpriority legislation complying (%) 2004 77 84 86 92 73 90 95 98 90 87 2005 89 94 91 92 77 94 96 98 90 91 Proportion of total legislation complying (%) 2004 70 83 85 86 62 77 89 93 83 81 2005 78 91 88 87 68 83 91 93 85 85 a Includes the stock of legislation identified by jurisdictions in their original legislation review schedules, jurisdictions’ periodic additions, and legislation containing restrictions on competition identified by the Council. Excludes water related legislation, apart from three pieces of such legislation that include matters relevant to non-water legislation areas. Excludes legislation specific to electricity, gas and road transport (except where, for example, it relates to professions such as electricians and gasfitters), which are treated separately in chapters 6, 7 and 8 respectively. Tables 9.2–9.10 at the end of this chapter contain all of the legislation review and reform areas that were subject to specific suspensions, permanent deductions or pool suspensions in the 2004 NCP assessment. Shading in the tables denotes legislation that was deemed noncompliant in 2004 but that has now been assessed by the Council as meeting NCP obligations. Chapters 10–18 provide the detail underlying the 2005 NCP assessments for the outstanding areas. These chapters deal only with the progress of the review and reform of legislation assessed in 2004 as not meeting NCP obligations. (Legislation review and reform areas assessed in previous years as meeting NCP obligations are detailed in the 2003 and 2004 NCP assessment reports.) Areas not assessed Compulsory third party insurance and workers compensation insurance are mandatory forms of accident insurance. For at least one of these forms of insurance, some governments have legislated for monopoly underwriting by a government owned entity. This arrangement is the principal restriction with NCP implications. In the 2003 NCP assessment, the Council discussed the arguments for and against the monopoly provision of compulsory insurance but was unable to complete its assessment because the Productivity Commission was reviewing models for a national framework for the provision of workers compensation insurance. The Productivity Commission’s final report (released in June 2004) Page 9.6 Chapter 9 Review and reform of legislation concluded that ‘[t]he literature does not provide a powerful case for either public monopoly or competitive private provision of workers’ compensation insurance’ (PC 2004c, p. 323). In its 2004 NCP assessment, the Council was thus unable to assess whether it is necessary to have monopoly provision to achieve governments’ objectives for compulsory third party and workers compensation insurance. Accordingly, the Council did not assess compliance with CPA obligations in this area. (Jurisdictions that allow competitive provision of compulsory insurance comply with their CPA clause 5 obligations, by virtue of not restricting competition.) There have been no developments, so the Council has not assessed these matters in this 2005 NCP assessment. Compliance categories In the 2003 and 2004 NCP assessments, review and reform activity pertaining to governments’ outstanding obligations from the preceding year was encapsulated in summary tables. Each outstanding obligation was delineated as one of the following outcomes: • • • • ‘Meets CPA obligations (year)’ ‘Does not meet CPA obligations (year)’ ‘Incomplete’ ‘Incomplete—interjurisdictional process’. For this 2005 NCP assessment there are only two categories—‘meets CPA obligations’ and ‘does not meet CPA obligations’. Given that this is the last assessment under the current NCP reform program, incomplete obligations (whether or not due to interjurisdictional processes) represent a failure to comply with the NCP obligations. The Council considers this view to be appropriate in light of COAG setting a timeframe of 30 June 2002 for completion of the legislation review and reform program. Page 9.7 2005 NCP assessment Table 9.2: Progress with legislation review and reform—Australian Government 2004 NCP assessment Does not meet CPA obligations (2002) Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete—interjurisdictional process Incomplete Incomplete 2005 NCP assessment Does not meet CPA obligations (2002) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Title of legislation Wheat Marketing Act 1989 Agricultural and Veterinary Chemicals Code Act 1994; Agricultural and Veterinary Chemicals (Administration) Act 1992 Quarantine Act 1908 (plant and animal) Export Control Act 1982 (food) Aboriginal Land Rights (Northern Territory) Act 1976 Regulations under the Export Control Act related to wood Shipping Registration Act 1981 Navigation Act 1912 Therapeutic Goods Act 1989 (drugs and poisons) Health Insurance Act 1973 (part IIA) (pathology collection centre licensing) National Health Act 1953 (part 6 and schedule 1); Health Insurance Act 1973 (part III) (restrictions on services covered by private health insurance) Not assessed (2004) Safety, Rehabilitation and Compensation Act 1988 Not assessed (2004) Does not meet CPA obligations (2004) Does not meet CPA obligations (2005) Interactive Gambling Act 2001 Does not meet CPA obligations (2004) Does not meet CPA obligations (2003) Broadcasting Services Act 1992; Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992; Radio Licence Fees Act 1964; Television Licence Fee Act 1964 Incomplete Radiocommunications Act 1992 and related legislation Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2004) Australian Postal Corporation Act 1989 Does not meet CPA obligations (2003) Does not meet CPA obligations (2004) Incomplete Customs Act 1901 (part XVB); Customs Tariff (Anti-dumping) Act 1975 Customs Tariff Act 1995—Textiles clothing and footwear Meets CPA obligations (2005) Page 9.8 Chapter 9 Review and reform of legislation Table 9.3: Progress with legislation review and reform—New South Wales 2004 NCP assessment Does not meet CPA obligations (2002). Incomplete Incomplete—interjurisdictional process Incomplete 2005 NCP assessment Meets CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005). (Will meet CPA obligations if proposed reforms are passed by 30 November 2005.) Does not meet CPA obligations (2005) Does not meet CPA obligations (2004) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2004) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Not assessed (2004) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Meets CPA obligations (2005) Title of legislation Grain Marketing Act 1991 Poultry Meat Industry Act 1986 Agricultural and Veterinary Chemicals (New South Wales) Act 1994 Marketing of Primary Products Act 1983 (Rice Marketing Board) Stock Medicines Act 1989 Does not meet CPA obligations (2004) Incomplete Incomplete Does not meet CPA obligations (2004) Does not meet CPA obligations (2004) Incomplete—interjurisdictional process Incomplete — interjurisdictional process Not assessed (2004) Incomplete—interjurisdictional process Does not meet CPA obligations (2003) Incomplete Incomplete Veterinary Surgeons Act 1986 Passenger Transport Act 1990 (taxis) Tow Truck Industry Act 1998 Dental Technicians Registration Act 1975 Pharmacy Act 1964 Legal Professions Act 1987 Travel Agents Act 1986 Workers Compensation Act 1987 Trade Measurement Act 1989; Trade Measurement Administration Act 1989 Gaming Machines Act 2001 (exclusive licence) Environmental Planning and Assessment Act 1979 and planning and land use reform projects Page 9.9 2005 NCP assessment Table 9.4: Progress with legislation review and reform—Victoria 2004 NCP assessment Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process (general) Incomplete (conveyancing restrictions) Incomplete—interjurisdictional process Not assessed (2004) Not assessed (2004) Incomplete—interjurisdictional process Incomplete—interjurisdictional process Does not meet CPA obligations (2005) Not assessed (2004) Not assessed (2004) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Title of legislation Agriculture and Veterinary Chemicals (Victoria) Act 1994 Fisheries Act 1995 Drugs, Poisons and Controlled Substances Act 1981 Pharmacists Act 1974 Legal Practice Act 1996 Travel Agents Act 1986 Accident Compensation Act 1985; Accident Compensation (Workcover Insurance) Act 1993 Transport Accident Act 1986 Trade Measurement Act 1995 Tattersall Consultation Act 1958; Public Lotteries Act 2000 Page 9.10 Chapter 9 Review and reform of legislation Table 9.5: Progress with legislation review and reform—Queensland 2004 NCP assessment Incomplete—interjurisdictional process Incomplete Does not meet CPA obligations (2003) Incomplete Does not meet CPA obligations (2002) Does not meet CPA obligations (2002) Incomplete Incomplete—interjurisdictional process Incomplete—interjurisdictional process (general) Does not meet CPA obligations (2004) (conveyancing restrictions) Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process Not assessed (2004) Does not meet CPA obligations (2003) Does not meet CPA obligations (2004) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Not assessed (2004) Does not meet CPA obligations (2003) Meets CPA obligations (April 2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2002) Does not meet CPA obligations (2002) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) 2005 NCP assessment Title of legislation Agricultural and Veterinary Chemicals (Queensland) Act 1994 Fisheries Act 1994 Transport Operations (Passenger Transport) Act 1994 (taxis) Nursing Act 1992 Occupational Therapists Act 1979 Speech Pathologists Act 1979 Pharmacy Act 1976; Pharmacy Registration Act 2001 Health Act 1937 (drugs and poisons) Legal Practitioners Act 1995; Queensland Law Society Act 1952 Travel Agents Act 1988 Auctioneers and Agents Act 1971 (maximum commissions for auctioneers and real estate agents); Property Agents and Motor Dealers Act 2000 Trade Measurement Act 1990 Workcover Queensland Act 1996 Liquor Act 1992 Gaming Machine Act 1991 Page 9.11 2005 NCP assessment Table 9.6: Progress with legislation review and reform—Western Australia 2004 NCP assessment Incomplete—interjurisdictional process Incomplete 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Title of legislation Agricultural and Veterinary Chemicals (Western Australia) Act 1995 Agricultural Produce (Chemical Residues) Act 1983; Aerial Spraying Control Act 1966; Veterinary Preparations and Animal Feeding Stuffs Act 1976 Incomplete Does not meet CPA obligations (2003) Incomplete Incomplete Incomplete Does not meet CPA obligations (2004) Incomplete Grain Marketing Act 1975 Meets CPA obligations (2005) Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Marketing of Potatoes Act 1946 Health Act 1911 and Food Regulations under the Health Act Veterinary Surgeons Act 1960 Fish Resources Management Act 1994 Pearling Act 1990 Jetties Act 1926 and Regulations; Lights (Navigation) Protection Act 1938; Shipping and Pilotage Act 1967 and Regulations; Western Australian Marine Act 1982 Incomplete Incomplete Incomplete Marine and Harbours Act 1981 and Regulations Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Transport Co-ordination Act 1966 (air route licensing) Health practitioner legislation: Dental Act 1939; Dental Prosthetists Act 1985; Chiropractors Act 1964; Optical Dispensers Act 1966; Optometrists Act 1940; Nurses Act 1992; Osteopaths Act 1997; Physiotherapists Act 1950; Podiatrists Registration Act 1984; Psychologists Registration Act 1976; Occupational Therapists Registration Act 1980 Incomplete Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process Incomplete Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) (continued) Medical Act 1894 Poisons Act 1964; Health Act 1911 (part VIIA) (drugs and poisons) Pharmacy Act 1964 Legal Practitioners Act 1893 Auction Sales Act 1973 Page 9.12 Chapter 9 Review and reform of legislation Table 9.6 continued 2004 NCP assessment Incomplete—interjurisdictional process Incomplete Incomplete Incomplete Incomplete Does not meet CPA obligations (2004) Incomplete Not assessed (2004) Does not meet CPA obligations (2003) Does not meet CPA obligations (2003) Does not meet CPA obligations (2003) Incomplete Incomplete Incomplete—interjurisdictional process Does not meet CPA obligations (2004) Does not meet CPA obligations (2004) Does not meet CPA obligations (2003) Does not meet CPA obligations (2003) Does not meet CPA obligations (2003) Incomplete 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Not assessed (2004) Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Meets CPA obligations (2005) Meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Title of legislation Travel Agents Act 1985 and Regulations Settlement Agents Act 1981 Pawnbrokers and Second-hand Dealers Act 1994 Debt Collectors Licensing Act 1964 Employment Agents Act 1976 Hairdressers Registration Act 1946 Real Estate and Business Agents Act 1978 Motor Vehicle (Third Party Insurance) Act 1943 Retail Trading Hours Act 1987 Liquor Licensing Act 1988 Petroleum Products Pricing Amendment Act 2000; Petroleum Legislation Amendment Act 2001 Retirement Villages Act 1992 Credit (Administration) Act 1984 Weights and Measures Act 1915 Gaming Commission Act 1987 (exclusive licences) Gaming Commission Act 1987 (minor gambling) Betting Control Act 1954 Racing Restrictions Act 1917; Racing Restrictions Act 1927 Totalisator Agency Board Betting Act 1960 Town Planning and Development Act 1928; Western Australian Planning Commission Act 1985; Metropolitan Region Town Planning Scheme Act 1959 Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 Incomplete Does not meet CPA obligations (2005) (continued) Page 9.13 2005 NCP assessment Table 9.6 continued 2004 NCP assessment Incomplete Incomplete Meets CPA obligations (2005) Does not meet CPA obligations (2005) 2005 NCP assessment Title of legislation Architects Act 1921 Water legislation (clause 5 obligations) Page 9.14 Chapter 9 Review and reform of legislation Table 9.7: Progress with legislation review and reform—South Australia 2004 NCP assessment Incomplete—interjurisdictional process Incomplete Incomplete Does not meet CPA obligations (2004) Does not meet CPA obligations (2003) Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete Incomplete—interjurisdictional process Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process Not assessed (2004) Not assessed (2004) Incomplete Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Not assessed (2004) Not assessed (2004) Does not meet CPA obligations (2005) (continued) 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Title of legislation Agricultural and Veterinary Chemicals (South Australia) Act 1994 Barley Marketing Act 1993 Opal Mining Act 1995 Fisheries Act 1982 Passenger Transport Act 1994 (taxis) Motor Vehicles Act 1959 (tow trucks) Dentists Act 1984 Occupational Therapists Act 1974 Chiropractors Act 1991 Medical Practitioners Act 1983 Optometrists Act 1920 Physiotherapists Act 1991 Pharmacy Act 1991 Psychological Practices Act 1973 Chiropodists Act 1950 Controlled Substances Act 1984 Legal Practitioners Act 1981 Employment Agents Registration Act 1993 Travel Agents Act 1986 Motor Vehicles Act 1959 Workers Rehabilitation and Compensation Act 1986 Liquor Licensing Act 1997 Page 9.15 2005 NCP assessment Table 9.7 continued 2004 NCP assessment Does not meet CPA obligations (2003) Incomplete Incomplete—interjurisdictional process Incomplete—interjurisdictional process Does not meet CPA obligations (2003) Incomplete Incomplete 2005 NCP assessment Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2003) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Title of legislation Shop Trading Hours Act 1977 Petrol Products Regulation Act 1995 Trade Measurement Act 1993 Trade Measurement Administration Act 1993 State Lotteries Act 1966 (exclusive licence) Gaming Machines Act 1992 Architects Act 1939 Page 9.16 Chapter 9 Review and reform of legislation Table 9.8: Progress with legislation review and reform—Tasmania 2004 NCP assessment Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Title of legislation Agricultural and Veterinary Chemicals (Tasmania) Act 1994 Pharmacy Act 1908 (replaced by Pharmacy Registration Act 2001) Poisons Act 1971; Alcohol and Drug Dependency Act 1968; Pharmacy Act 1908 (replaced by Pharmacy Registration Act 2001); Criminal Code Act 1924 (drugs and poisons) Incomplete—interjurisdictional process Incomplete Incomplete—interjurisdictional process Not assessed (2004) Incomplete Incomplete Does not meet CPA obligations (2004) Incomplete Legal Profession Act 1993 Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Not assessed (2004) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Auctioneers and Real Estate Agents Act 1991 Travel Agents Act 1987 Motor Accidents (Liabilities and Compensation) Act 1973 Racing Act 1983 Racing and Gaming Act 1952 (except as it relates to minor gaming), which was replaced by the Racing Regulation Act 1952 Racing and Gaming Act 1952 (relating to minor gaming); Gaming Control Act 1993 (gaming machines) Plumbers and Gas-fitters Registration Act 1951 Page 9.17 2005 NCP assessment Table 9.9: Progress with legislation review and reform—the ACT 2004 NCP assessment Incomplete Does not meet CPA obligations (2004) Does not meet CPA obligations (2004) Incomplete Incomplete—interjurisdictional process Incomplete—interjurisdictional process Incomplete—interjurisdictional process Does not meet CPA obligations (2003) Incomplete—interjurisdictional process Incomplete—interjurisdictional process Incomplete Incomplete Does not meet CPA obligations (2004) Incomplete 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2004) Does not meet CPA obligations (2004) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2004) Does not meet CPA obligations (2004) Title of legislation Veterinary Surgeons Registration Act 1965 Motor Traffic Act 1936 (taxis); Road Transport (General) Act 1999; Road Transport (Public Passenger Services) Act 2001 Health practitioner legislation: Dental Technicians and Dental Prosthetists Registration Act 1988 Pharmacy Act 1931 Drugs of Dependence Act 1989; Poisons Act 1933; Poisons and Drugs Act 1978 (drugs and poisons) Legal Practitioners Act 1970 Agents Act 1968 (travel agents) Agents Act 1968 (employment agents licensing) Trade Measurement Act 1991 Public Sector Management Act 1994 (superannuation) Betting (Corporatisation) (Consequential Provisions) Act 1996 Betting (ACTTAB Limited) Act 1964 Gaming Machine Act 1987 Interactive Gambling Act 1998 Page 9.18 Chapter 9 Review and reform of legislation Table 9.10: Progress with legislation review and reform—the Northern Territory 2004 NCP assessment Incomplete—interjurisdictional process Incomplete Incomplete Meets CPA obligations (2004), except for reservation of occupational therapist title Incomplete Incomplete—interjurisdictional process Incomplete—interjurisdictional process Incomplete—interjurisdictional process Not assessed (2004) Does not meet CPA obligations (2004) Incomplete—interjurisdictional process Incomplete Does not meet CPA obligations (2004) 2005 NCP assessment Does not meet CPA obligations (2005) Does not meet CPA obligations (2003) Does not meet CPA obligations (2003) Meets CPA obligations (2004), except for reservation of occupational therapist title Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Not assessed (2004) Does not meet CPA obligations (2003) Does not meet CPA obligations (2005) Does not meet CPA obligations (2005) Meets CPA obligations (2005) Title of legislation Agricultural and Veterinary Chemicals (Northern Territory) Act Fisheries Act 1996 Commercial Passenger (Road) Transport Act (taxis) Health Practitioners and Allied Professionals Registration Act Pharmacy Act Poisons and Dangerous Drugs Act; Therapeutic Goods and Cosmetics Act (drugs and poisons); Pharmacy Act Legal Practitioners Act Consumer Affairs and Fair Trading Act (travel agents) Territory Insurance Office Act; Motor Accidents (Compensation) Act Liquor Act Trade Measurement Act Community Welfare Act Totalisator Licensing and Regulation Act; Sale of NT TAB Act Page 9.19 2005 NCP assessment Table 9.11: Key to legislation topic areas in the jurisdictional chapters 10−18 A A1 A2 A3 A4 A5 A6 A7 A8 A9 B B1 B2 B3 B4 B5 B6 B7 C C1 Primary industries Agricultural commodities Farm debt finance Fisheries Forestry Agricultural and veterinary chemicals Food Quarantine and food exports Veterinary services Mining Transport Taxis and hire cars Tow trucks Dangerous goods Rail Vehicle standards Ports and sea freight Air transport Health and pharmaceutical services Health professions Chiropractors Dental practitioners Medical practitioners Nurses Optometrists and optical paraprofessionals Osteopaths Pharmacists Physiotherapists Podiatrists Psychologists Occupational therapists Radiographers Speech pathologists Drugs, poisons and controlled substances Restrictions on pathology services under Medicare Regulation of private health insurance – product controls Legal services Other professions Commercial agents, inquiry agents and security providers Driving instructors Motor vehicle and second-hand dealers Real estate agents Travel agents Auctioneers Conveyancers Employment agents Hairdressers Other licensed occupations F F1 F2 G G1 G2 G3 H H1 H2 H3 I I1 I2 I3 Insurance and superannuation Compulsory third party motor vehicle Workers’ compensation Superannuation Retail trading Shop trading hours Liquor licensing Petrol retailing Fair trading and consumer protection Other fair trading legislation Consumer credit legislation Trade measurement legislation Social regulation Education Universities Child care Gambling TABs Casinos Racing and betting Lotteries Gaming machines Internet gambling Minor gambling Planning, construction and development Planning and approval Building regulations and approval Building professions Architects Surveyors Valuers Electrical workers Plumbers, drainers and gasfitters Builders or building practitioners Other building trades Communications Broadcasting Radiocommunications Postal services Barrier assistance PMV TCF Anti-dumping J J1 J2 J3 C2 C3 K D E L Page 9.20