COMMONWEALTH LEGISLATION REVIEW SCHEDULE

June 1996

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FOREWORD
The Commonwealth’s legislation review schedule has been prepared in accordance with the requirements of the national competition policy’s Competition Principles Agreement, signed by the Commonwealth and all State and Territory Governments in April 1995. The schedule sets out a timetable for the review of existing Commonwealth legislation that restricts competition by the year 2000. The schedule also includes reviews of legislation which may be costly to business. The review schedule will complement other Commonwealth initiatives to reduce business compliance costs, and to reform or repeal unnecessary or poorly drafted legislation, as such, the review schedule will form a central part of the Government’s overall Regulation Efficiency program. The review schedule does not include some relevant legislation which has only recently been reviewed. Legislation precluded from review in the schedule on this basis will be subject to subsequent review mechanisms which require systematic review of legislation every ten years. Legislation which is considered not cost effective to review (for example where competition effects are not significant or where costs are only small) has not been included on the schedule. The review schedule does include some recently announced reviews and other ongoing reviews which commenced prior to the development of this schedule. The review processes will provide an opportunity to establish the case for retaining, modifying or reforming current regulatory arrangements. The guiding principle is that legislation should not restrict competition unless it can be demonstrated that the benefits of the restriction to the community as a whole outweigh the costs and the objectives of the legislation can only be achieved by restricting competition. Each review is required to identify the costs and benefits of the legislation and the likely consequences of reform measures proposed. Scheduled reviews will: clarify the objectives of the legislation; identify the nature of restrictions on competition; analyse the likely effects of the restriction on competition and the economy generally; assess and balance the costs and benefits of the restriction; and consider alternative means for achieving the same results including non-legislative approaches.

3 The priority and importance of the legislation identified on the schedule varies. Accordingly, the method of reviewing the legislation will take account of its significance and the likely benefits of reform. In some instances, independent committees of inquiry will be established to review significant legislation. In other cases reviews may be undertaken by bodies such as the Productivity Commission or National Competition Council. Where these review costs are not warranted, reviews may be undertaken by officials. All review processes, however, will involve public consultation with those affected by the legislation. The Office of Regulation Review will play a central role in advising the Government on the operation and progress of the legislation reviews identified in this schedule. Some of the legislation included on the review schedule has matching or complementary State or Territory legislation. Where this is the case, the Commonwealth will consult with other jurisdictions to establish appropriate review mechanisms, and where appropriate, coordinated responses. On behalf of the Government, I will publish an annual report noting the progress of scheduled reviews and reporting on reform measures flowing from the review processes. I will also report on any adjustments to the review schedule.

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Reviews currently underway
Portfolio Communications and the Arts Legislation Protection of Movable Cultural Heritage Act 1986

Employment, Education Services for Overseas Students (Registration of Providers and Financial Education, Training Regulation) Act 1991 and Youth Affairs Industrial Relations Industrial Relations Act 1988 Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Primary Industries and Energy Prime Minister and Cabinet Treasury Treasury Treasury Patents Act 1990, S198-202 (Patent Attorney registration)

Commerce (Imports) Regulations and Customs Prohibited Imports Regulations

Bounty (Books) 1986 Bounty (Machine Tools & Robots) Act 1985 Bounty (Fuel Ethanol) Act 1994 Quarantine Act 1908

Aboriginal and Torres Strait Islander Heritage Protection Act 1984

Comprehensive review of the regulatory framework of the financial system Census & Statistics Act 1905 Corporations Act 1989

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Reviews to commence in 1996-97
Portfolio Attorney-General’s Communications and the Arts Communications and the Arts International Arbitration Act 1974 Australian Postal Corporation Act 1989 Legislation

Radiocommunications Act 1992 and related Acts

Employment, Employment Services Act 1994 (case management issues) Education, Training and Youth Affairs Foreign Affairs and Nuclear Safeguards (Producers of Uranium Ore Concentrates) Charge Act 1993 & Trade regulations Health and Family Services Immigration and Multicultural Affairs Immigration and Multicultural Affairs Immigration and Multicultural Affairs Immigration and Migration Act 1958, Pt 3 (Migration Agents and Immigration Assistance) & related Migration Act 1958 — sub-classes 676 & 686 tourist visas Migration Act 1958 — sub-classes 120 and 121 (business visas) Migration Act 1958 — sub-classes 560, 562, 563 student visas Quarantine Act 1908, in relation to human quarantine

Multicultural Affairs regulations Immigration and Migration Agents Registration (Application) Levy Act 1992 & Migration Agents

Multicultural Affairs Registration (Renewal) Levy Act 1992 Industrial Relations Industry, Science and Tourism Tradesmen’s Rights Regulation Act 1946 Customs Tariff Act 1995 - Automotive Industry Arrangements (with a view to determining the arrangements to apply post-2000)

Industry, Science and Tourism Industry, Science and Tourism

Customs Tariff Act 1995 - Textiles Clothing and Footwear Arrangements (with a view to determining the arrangements to apply post-2000) Duty Drawback (Customs Regulations 129 to 136B) and TEXCO (Tariff Export Concession Scheme) - Customs Tariff Act 1995, Schedule 4 Item 21 Treatment Code 421

Industry, Science and Tourism

Pooled Development Funds Act 1992

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Portfolio Industry, Science and Tourism

Legislation Trade Practices (Consumer Product Information Standards) (Care for clothing and other textile products labelling) Regulations

Primary Industries and Energy Primary Industries and Energy

Rural Adjustment Act 1992 and States and Northern Territory Grants (Rural Adjustment) Acts Income Equalisation Deposits (Interest Adjustment) Act 1984 and Loan (Income Equalisation Deposits ) Act 1976

Prime Minister and Cabinet Transport and Regional Development Transport and Regional Development Transport and Regional Development Transport and Regional Development Treasury Treasury

Aboriginal Land Rights (Northern Territory) Act 1976

International Air Service Agreements (ASAs)

Shipping Registration Act 1981

National Road Transport Commission Act 1991 and related Acts

Australian Maritime Safety Authority Act 1990

Bills of Exchange Act 1909 Review of Foreign Investment Policy, including associated regulation

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Reviews to commence in 1997-98
Portfolio Attorney-General’s Communications and the Arts Legislation The trustee registration provisions of the Bankruptcy Act 1966 and Bankruptcy Rules Broadcasting Services Act 1992, Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, Radio Licence Fees Act 1964 and Television Licence Fees Act 1964 Communications and the Arts Review of Market based reforms and activities currently undertaken by the Spectrum Management Agency (SMA).

Defence Employment, and Youth Affairs

Defence Housing Authority Act 1987 Higher Education Funding Act 1988 plus include: Vocational Education & Training Funding Act 1988

Education, Training Funding Act 1992 and any other regulation with similar effects to the Higher Education

Employment, Education, Training and Youth Affairs and Industry, Science and Tourism

Mutual Recognition Act 1992

Health and Family Services Health and Family Services

National Health Act 1953 (Part 6 & Schedule 1) & Health Insurance Act 1973 (Part 3)

Environmental Protection (Nuclear Codes) Act 1978

Industrial Relations Affirmative Action (Equal Employment Opportunity for Women) Act 1986 Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Primary Industries and Energy Primary Industries Levies Acts and related Collection Acts Petroleum Retail Marketing Franchise Act 1980 Petroleum Retail Marketing Sites Act 1980 Trade Practices (Consumer Product Information Standards)(Cosmetics) Regulations Anti-dumping Authority Act 1988 & Customs Act 1901 Pt XVB & Customs Tariff (Anti-dumping) Act 1975 Customs Act 1901 Sections 154-161L

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Portfolio Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Transport and Regional Development Transport and Regional Development Treasury Motor Vehicle Standards Act 1989 Pig Industry Act 1986 & related Acts Wool International Act 1993

Legislation

Imported Food Control Act 1992 & regulations

National Residue Survey Administration Act 1992 & related Acts

Torres Strait Fisheries Act 1984 & related Acts

Export Control (Unprocessed Wood) Regulations under the Export Control Act 1982

International Air Services Commission Act 1992

Superannuation acts including: Occupational Superannuation Standards Regulations Applications Act 1992, Superannuation (Financial Assistance Funding) Levy Act 1993, Superannuation Entities (Taxation) Act 1987, Superannuation Industry (Supervision) Act 1993, Superannuation (Resolution of Complaints) Act 1993 and Superannuation Supervisory Levy Act 1991

Treasury Treasury Treasury Treasury

s 51 (2) & s 51 (3) exemption provisions of the Trade Practices Act 1974 General Insurance Supervisory Levy Act 1989 Insurance (Agents & Brokers) Act 1984 Life Insurance Supervisory Levy Act 1989

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Reviews to commence in 1998-99
Portfolio Administrative Services Land Acquisition Acts a) Land Acquisition Act 1989 & regulations b) Land Acquisitions (Defence) Act 1968 c) Land Acquisition (Northern Territory Pastoral Leases) Act 1981 Legislation

Attorney-General’s Attorney-General’s Attorney-General’s and Industry, Science and Tourism Defence

Financial Transactions Reports Act 1988 and regulations Proceeds of Crime Act 1987 and regulations Intellectual property protection legislation (Designs Act 1906, Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968, and possibly include the Circuit Layouts Act 1989)

Defence Force (Home Loans Assistance) Act 1990

Environment, Sport World Heritage Properties Conservation Act 1983 and Territories Environment, Sport Hazardous Waste (Regulation of Imports & Exports) Act 1989, Hazardous Waste and Territories (Regulation of Imports & Exports) Amendment Bill 1995 & also related regulations

Health and Family Services Industry, Science and Tourism

National Food Authority Act 1991 Food Standards Code

Export Finance & Insurance Corporation Act 1991 & Export Finance & Insurance Corporation (Transitional Provisions and Consequential Amendments) Act 1991

Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy

Agricultural & Veterinary Chemicals Act 1994

Dairy Industry Legislation

Fisheries Legislation

Dried Vine Fruits Legislation

Prawn Boat Levy Act 1995

Export Control Act 1982 (fish, grains, dairy, processed foods etc)

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Portfolio Primary Industries and Energy Transport and Regional Development Transport and Regional Development Treasury Financial Corporations Act 1974

Legislation Export controls under reg 11 of the Customs Act (Prohibited exports - nuclear materials) Part X of Trade Practices Act 1974 (shipping lines)

Coasting Trade Provisions of the Navigation Act 1912 (Part VI)

Treasury Veterans’ Affairs

Prices Surveillance Act 1983 Treatment Principles (under section 90 of the Veterans' Entitlement Act 1986 (VEA) & Repatriation Private Patient Principles (under section 90A of the VEA)

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Reviews to commence in 1999-2000
Portfolio Defence Legislation Defence Act 1903 (Army and Airforce Canteen Services Regulations)

Environment, Sport Ozone Protection Act 1989 & Ozone Protection (Amendment) Act 1995 and Territories Health and Family Services Primary Industries and Energy Primary Industries and Energy Prime Minister and Native Title Act 1993 & regulations Cabinet Treasury Treasury Treasury Treasury Part IIIA (access regime) of the Trade Practices Act (including exemptions) Part 6 (access provisions) of the Moomba-Sydney Pipeline System Sale Act 1994 2D exemptions (local government activities) of the Trade Practices Act Fees charged under the Trade Practices Act Wheat Marketing Act 1989 Petroleum (Submerged Lands) Act 1967 Home & Community Care Act 1985