2 Commonwealth Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the Commonwealth legislation review timetable. AFFA AG C D DCITA DEH DETYA DEWRSB DOFA DFAT DHAC DIMA DISR DTRS DVA PMC T Department of Agriculture, Fisheries and Forestry Attorney-General’s Department Comcare Department of Defence Department of Communications, Information Technology and the Arts Department of the Environment and Heritage Department of Education, Training and Youth Affairs Department of Employment, Workplace Relations and Small Business Department of Finance and Administration Department of Foreign Affairs and Trade Department of Health and Aged Care Department of Immigration and Multicultural Affairs Department of Industry, Science and Resources Department of Transport and Regional Services Department of Veterans’ Affairs Department of Prime Minister and Cabinet Department of the Treasury Page 5 Legislation Review Compendium Legislation review schedule: Commonwealth Updated to September 2001 Name of legislation Aboriginal and Torres Strait Islander Heritage Protection Act 1984 Aboriginal Land Rights (Northern Territory) Act 1976 and Regulation Agency DEH Major restrictions Review activity Evatt Review completed in 1996. Reform activity Recommendations were taken into consideration when formulating the Aboriginal and Torres Strait Islander Heritage Protection Bill 1998. The Government is considering the review recommendations. PMC Provides for the granting of land to traditional Aboriginal owners and gives certain rights over granted land, including a veto over mineral exploration. Review completed, and report released publicly in August 1999. Page 6 2 Commonwealth Name of legislation Affirmative Action (Equal Employment Opportunity for Women) Act 1986 Agency DEWRSB Major restrictions Review activity Review by a five member independent committee completed in July 1998. Reform activity The Government announced its response to the review on 16 December 1998, endorsing the main recommendations. Of those recommendations that were rejected, none were considered to be procompetitive. Key changes to be implemented include the establishment of an Advisory Board and the introduction of a simpler reporting system to reduce the paperwork burden on business. To implement the endorsed recommendations the revised and renamed Equal Employment Opportunity for Women in the Workplace Act 1999 came into effect from 1 January 2000. Page 7 Legislation Review Compendium Name of legislation Agency Major restrictions Review activity Reform activity Intergovernmental response completed in 2000 by SCARM/Agriculture and Resources Management Council of Australia and New Zealand (ARMCANZ) Signatories Working Group. It supported all recommendations except: • removing provision to licence agricultural chemical manufacturers; and • limiting efficacy review. Working groups have been established to further consider: • implications for other chemical regulation of a low cost regulatory system for low risk agvet chemicals; • how to monitor quality of assessment services; and • if there is a case for licensing agricultural chemical manufacturers. Agricultural and Veterinary AFFA Chemicals (Administration) Act 1992, and Agricultural and Veterinary Chemicals Code Act 1994 Chemicals not to be imported, Review completed, and report released by supplied or held unless approved the Standing Committee of Agriculture and or exempt. Resources Management (SCARM) in March 1999. In relation to the National Approval of chemicals solely by Registration Scheme, it recommended: the National Registration Authority (NRA). Assessment • retaining the monopoly on approval of services purchased solely from chemicals; certain authorities. Chemicals not • lowering of regulatory costs for low risk approved unless NRA is satisfied chemicals; as to efficacy. Licensing of chemical manufacturers. • including principles in the Code to guide inclusion/exclusion of chemicals in the Data protected from rivals unless scheme; compensation is paid. Analysts must have minimum • accepting alternative suppliers of qualifications and experience. assessment services; Fees and levies impose an entry barrier and discriminate between • limiting of the efficacy review to truth of claimed efficacy; firms. • recovering NRA costs via a simple flat rate sales levy and cost-reflective application fees; • retaining licensing of veterinary chemical On 18 August 2000, ARMCANZ agreed manufacturers; to this response. • removing provision to licence agricultural chemical manufacturers until case is made; and • applying the Trade Practices Act 1974 (TPA) third party access pricing to data protection provisions. Data protection is to be considered in a wider review by the Department of similar provisions. Page 8 2 Commonwealth Name of legislation Agency Major restrictions Review activity Review has not commenced. The Government has not finalised the timing or manner of review of legislation relevant to anti-dumping and countervailing measures. Reform activity Reference to the Anti-dumping Authority Act 1988 has been deleted, as this Act was repealed in December 1998 following changes to the administration of the anti-dumping and countervailing investigations. Act amended by Australia New Zealand Food Authority Amendment Act 1999 to address the key recommendations. In November 2000, CoAG announced that ANZFA would be replaced in 2001 by a new body - Food Safety Australia New Zealand. Also in November 2000 the Australia New Zealand Food Standards Council adopted the new joint Food Standards Code. The Council addressed concerns about the adequacy of the associated RIS by agreeing to: • a two-year implementation period so that industry has an opportunity to minimise their costs; and • the preparation of a report on how the implementation cost of the code can be further reduced. Anti-dumping Authority Act AG 1988, Customs Act 1901 Pt XVB, and Customs Tariff (Antidumping) Act 1975 Australia New Zealand Food Authority Act 1991, and Food Standards Code DHAC The Act establishes the Australia New Zealand Food Authority (ANZFA) which develops food standards, coordinates food surveillance and recall systems, and develops codes of practice with the industry. Blair Review of Food Regulation completed in 1998, recommending the Act be amended to clarify regulatory objectives and require ANZFA, in carrying out its regulatory functions, to apply a National Competition Policy (NCP) test. An interdepartmental review of the Food The Code sets standards for Standards Code was completed in late composition and labelling of food. 2000 following ANZFA's detailed review of individual food standards. As required by the Council of Australian Governments’ (CoAG) Principles and Guidelines for National Standard Setting and Regulatory Action, two key proposals for inclusion in the Code, mandatory percentage labelling and mandatory nutritional panels, were subject to regulation impact statements (RIS). The Commonwealth Office of Regulation Review (ORR) considered the cost benefit analysis in the statements to be inadequate. Page 9 Legislation Review Compendium Name of legislation Australian Maritime Safety Authority Act 1990 Agency DTRS Major restrictions Review activity Reform activity Review completed in 1997. Review Recommendations implemented. recommended that the safety regulatory functions of Australian Maritime Safety Authority continue to be undertaken by the government and that the current administrative arrangements should continue (with the Board able to review the scope to contract out administrative activities). Legislated monopoly. Review completed in 1998. Recommended a package of reforms to open up letter delivery to more competition. The Government accepted that the letter delivery market could be opened to more competition, but decided to do this by way of an access regime. However, the Government withdrew amending legislation in March 2001 as it did not attract the support necessary for passage. Australian Postal Corporation Act 1989 DCITA Australian Radiation Protection DHAC and Nuclear Safety Act 1998, Australian Radiation Protection and Nuclear Safety Regulations 1999, and Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998 Bankruptcy Act 1966, and Bankruptcy (Registration Charges) Act 1997 AG Trustee registration. Not part of the Commonwealth's legislation The Government is considering the review program (LRP). However, the Acts review recommendations. were reviewed as part of a national review of radiation protection legislation. National review completed. Review completed in December 1998. The Government is considering the review recommendations. Page 10 2 Commonwealth Name of legislation Bills of Exchange Act 1909 Agency T Major restrictions Review activity Review underway. The review commenced in April 1997. It is being undertaken by a taskforce of officials, comprising representatives of the Commonwealth Treasury, the Reserve Bank of Australia and the Attorney-General's Department. A final report is being finalised by the working group. Review completed. Review completed. Review completed. Reform activity Bounty (Books) Act 1986 Bounty (Fuel Ethanol) Act 1994 Bounty (Machine Tools and Robots) Act 1985 Broadcasting Services Act 1992, Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, Radio Licence Fees Act 1964, and Television Licence Fees Act 1964 DISR DISR DISR DCITA Bounty ceased on 31 December 1997. Ethanol Bounty Scheme terminated. Bounty ceased on 30 June 1997. Restrictions on entry, ownership, Review by the Productivity Commission The Government is considering the and control. (PC) completed in March 2000. Public review recommendations. consultation involved public release of issues paper, draft report, consultation, public hearings and receipt of submissions. Review raised significant questions and made extensive recommendations for reform. Review completed in 1996 as part of the Small Business Deregulation Taskforce. Australian Bureau of Statistics required to reduce the cost of completing statistical returns by 20 per cent in 1996-97. Code of conduct for private sector statistical collection agencies. Census and Statistics Act 1905 T Page 11 Legislation Review Compendium Name of legislation Agency Major restrictions The Navigation Act 1912 provides a legislative basis for many of the Commonwealth's responsibilities for maritime matters including ship safety, coastal trade, employment of seafarers and shipboard aspects of the protection of the maritime environment. It also regulates wreck and salvage operations, passengers, tonnage measurement of ships and a range of administrative measures relating to ships and seafarers. Part VI relates to processes for engaging in coastal trade. Review activity The Act was reviewed in two stages. The first stage considered repeal of matters that impede shipping reform or are inconsistent with the concept of company employment. This was completed in 1998. The second stage was a comprehensive review of the Act (except for part VI dealing with coastal trade) and was completed in June 2000. The report was publicly released in August 2000. The review was conducted by officials of the Department and the Australian Maritime Safety Authority under the guidance of an independent Steering Group. The review found that the benefits of regulating ship safety and environmental protection outweigh potential costs of restrictions on competition. The Shipping Reform Group had considered Part VI of the Act in 1997. Reform activity Stage 1 review led to the Navigation Amendment (Employment of Seafarers) Bill 1998. The Bill removes the employment related provisions in the Act that are inconsistent with the Workplace Relations Act 1996 and the concept of company employment. The Bill was introduced into Parliament on 25 June 1998. On 8 March 2000 the Senate proposed significant amendments. Further action is being considered in conjunction with decisions on the stage 2 review. The Maritime Legislation Amendment Bill 2000 was introduced into Parliament on 31 August 2000. Given the broad range of matters in the legislation, the Minister for Transport and Regional Services and the Minister for Financial Services and Regulation have agreed to develop a whole of government response. Part VI (coastal trade) provisions have been streamlined: the criteria for issuing permits for ships to engage in coastal trade broadened and the cost of permits significantly reduced. Coastal Trade Provisions of the DTRS Navigation Act 1912 (Part VI) Commerce (Imports) Regulations, and Customs (Prohibited Imports) Regulations AG The review of the Commerce (Imports) Regulations and Commerce (Trade Descriptions) Act commenced on 3 July 2001. Report due by February 2002. The timing and scope of the review of the Customs Prohibited Imports Regulation is still to be determined. Page 12 2 Commonwealth Name of legislation Corporations Act 1989 Agency T Major restrictions Review activity Deleted from the Commonwealth's LRP. Review subsumed into Corporate Law Economic Reform Program, which commenced March 1997. Deleted from the Commonwealth’s LRP in 1999, with the agreement of the Prime Minister, as the removal of the "three mines policy" and the discontinuation of price scrutiny have removed the anticompetitive elements of the Regulation. Reform activity New Corporations Act 2001 passed along with consequential State and Territory legislation. Customs Act 1901 Regulation 11 (Prohibited exports nuclear materials) AG Customs Act 1901 Sections 154-161L AG Interdepartmental review completed, and The Government is considering the report released in June 1999. Review review recommendations. recommended: sections 154 to 161L be repealed and redrafted in a clear straightforward 'plain English' format that incorporates the language and terms of the World Trade Organisation Agreement on Customs Valuation as far as possible and is consistent with that Agreement; the redrafted legislation contain statements of its purpose and objectives; the proposed new legislation make clear the statutory basis on which importers are required to self-assess the value of imported goods; the legislation or its supporting material should clearly explain the principles which underpin import valuation procedures and the intent behind each of the provisions; the Customs Service examine the feasibility of adopting a system of public valuation rulings; and the Customs Service introduce, at the same time the new legislation comes into effect, a public information program about the requirements for valuation of imports under the proposed new legislation. Page 13 Legislation Review Compendium Name of legislation Customs Tariff Act 1995 Automotive Industry Arrangements Agency DISR Major restrictions Review activity Industry Commission inquiry into the automotive industry completed in 1997. Industry Commission Inquiry into the textile, clothing and footwear industry completed in 1997. Reform activity Tariff phase down to 15% in 2000, followed by a pause until 2005, then further tariff reductions to 10% in 2005. Tariff phase down until 2000, maintained until 2005, then further tariff reductions, with the aim of a free trade environment beyond 2010. DMS scheme ceased in mid-2000 in line with the existing legislated sunset and the broader dairy industry reforms. On 8 April 2000 the Commonwealth passed legislation establishing the dairy industry adjustment program, which includes structural adjustment payments for producers who remain in the industry, an exit program for those wishing to leave the industry, and assistance for dairy-based communities. The assistance package is funded by an 11c/ltr levy on retail milk over a minimum of 8 years and is being administered by the Dairy Adjustment Authority. The first structural adjustment payments were made to producers in November 2000. Customs Tariff Act 1995 DISR Textiles Clothing and Footwear Arrangements Dairy Industry Legislation AFFA The legislation establishes the Australian Dairy Corporation which has an industry promotions and information role as well as an export licensing role over some export products into markets with access restrictions. The legislation also imposes a tariff quota system on imported dairy manufactures and sets out the Domestic Market Support (DMS) scheme which is levied on producers and paid to producers of manufacturing milk exports. Review, originally scheduled for 1998-99, deferred pending the outcome of the national dairy reform process. In 2001, the Government agreed to defer commencement of a review of any remaining restrictions on competition pending the receipt of industry proposals to restructure the statutory body arrangements, with a review to be undertaken as early as possible in 2002. Defence Act 1903 (Army and Airforce Canteen Services Regulations) Defence Force (Home Loans Assistance) Act 1990 D Review had not commenced by 30 June 2001. The Department is discussing the terms of reference with the Commonwealth ORR. Internal review by officials completed. The Commonwealth is still to assess whether the internal review has addressed NCP legislation review requirements. D Page 14 2 Commonwealth Name of legislation Agency Major restrictions Review activity The terms of reference for the review were agreed to in June 1998. The Department is seeking advice on whether there are grounds for the review to be removed from the Commonwealth LRP. This Act was added to the Commonwealth LRP timetable in 1998-99. The review was deferred to 1999-2000, however, this review has not commenced by 30 June 2001. Discussions are taking place to determine an appropriate body to carry out the review, the terms of reference and to reach agreement on a revised time frame. Reform activity Defence Housing Authority applying competitive neutrality principles from 2000-01, including the application of tax equivalent payments. Defence Housing Authority Act D 1987 Disability Discrimination Act 1992 AG Dried Vine Fruits Legislation AFFA The Dried Vine Fruits Equalization Review of the Regulations under the Act 1978 equalises returns from Australian Horticultural Corporation Act the export of dried fruit. 1987 (AHC (Australian Dried Fruit Board) Regulations and AHC (Dried Fruit Export The Dried Sultana Production Control) Regulations) was deferred to the Underwriting Act 1982 second half of 2000 pending the completion underwrites the production of of the major horticultural industry review. sultanas. Under the horticulture legislation reforms, The regulations under the regulations relating to export controls Australian Horticultural made under the Australian Horticulture Corporation (AHC) Act 1987 Corporation Act 1987 will expire after a two restrict the export of dried fruits. year transition period. During this period Horticulture Australia Limited is to consider the case for extending the export controls. The review of the Regulations has not commenced as at 31 August 2001. The following Acts have been repealed without review: Dried Vine Fruits Equalization Act 1978, Dried Sultana Production Underwriting Act 1982 and Dried Vine Fruits Legislation Amendment Act 1991. Page 15 Legislation Review Compendium Name of legislation Duty Drawback (Customs Regulations 129-136B) and TEXCO (Tariff Export Concession Scheme) Customs Tariff Act 1995, Schedule 4, Item 21, Treatment Code 421 Agency AG Major restrictions Review activity Review completed in 1997. Reform activity TEXCO and Duty Drawback integrated into simplified and more accessible scheme - TRADEX. Education Services for DETYA Overseas Students (Registration of Providers and Financial Regulation) Act 1991 Employment Services Act 1994 (case management issues) Environmental Protection (Nuclear Codes) Act 1978 DEWRSB Requires registration of providers Review completed. of education to overseas students. Review removed from the LRP. Act extended until 2001 to allow development of self regulating measures. Provisions to be replaced (Reform of Employment Services Bill 1996). Act to be repealed by the Australian Radiation Protection and Nuclear Safety (Consequential Amendments) Act 1998. The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) will oversee the codes. DHAC Review has not commenced, although Codes are being subjected to the RIS process. Export Control (Unprocessed Wood) Regulations under the Export Control Act 1982 AFFA Licensing of unprocessed wood exporters. Review underway. Draft report has been released, comments were due by 22 June 2001. Page 16 2 Commonwealth Name of legislation Agency Major restrictions Restricts export of prescribed goods (such as dairy, meat and fish products) by requiring registration of processing premises, imposing standards and regulatory charges. Review activity Review of provisions related to fish, grain, dairy and processed food completed in February 2000. It recommended: • introducing a 3 tier model for export standards; • harmonising domestic and international standards; • retaining a monopoly on certification of exports; and • making monitoring and inspection contestable. Provisions relating to the licensing of unprocessed wood exporters currently under review by the Department. Reform activity The Government is considering the review recommendations. Export Control Act 1982 (fish, AFFA grains, dairy, processed foods etc) Export Finance and Insurance DFAT Corporation Act 1991, and Export Finance and Insurance Corporation (Transitional Provisions and Consequential Amendments) Act 1991 NCP review deferred pending the outcome of a separate review process expected to address competition issues. The Export Finance and Insurance Corporation Amendment Act 2000 implements the Government's decision to apply competitive neutrality principles to the Export Finance and Insurance Corporation's (EFIC) shortterm insurance operations. The separate review led to a decision that EFIC would enter an alliance with a private insurer in regard to short-term credit insurance, with the Government looking eventually to withdraw from this commercial element of EFIC's business. Financial Corporations Act 1974 T Review completed as part of Wallis Inquiry process. Not on Commonwealth's LRP. Page 17 Legislation Review Compendium Name of legislation Financial system comprehensive review of the regulatory framework Agency T Major restrictions Review activity Review completed in 1997. The Wallis Inquiry examined the Australian financial system, making recommendations on regulatory change. Reform activity The Government announced a package of reforms in September 1997. Suite of legislation passed in all jurisdictions in 1998-99, and in 2001, in line with recommendations. Financial Transactions Reports AG Act 1988 Review by a taskforce of Commonwealth The Government is considering the officials with a reference group of two non- review recommendations. government persons completed in August 2000. Review recommended minor changes. Licensing of commercial fishers. Review underway, but as at 31 August Permits for fish receivers. Input 2001 the review had not been completed. controls on boats, gear and fishing methods. Output controls such as total allowable catches, individual transferable quota (transfer of which is subject to various restrictions), size limits, prohibitions on taking certain species and restrictions on bycatch. Review completed in September 1999. On 3 September 1999, the Treasurer announced a number of foreign investment policy and administrative changes arising from the review. These changes reduce notification obligations on business and streamline the administration of foreign investment policy, while continuing to ensure that foreign investment is consistent with the interests of the Australian public. A number of changes required regulation, which took effect from September 1999. Fisheries Legislation AFFA Foreign investment policy and T associated regulation Page 18 2 Commonwealth Name of legislation Agency Major restrictions Review activity Deleted from the Commonwealth LRP. Reform activity Act repealed by Financial Sector Reform (Amendments and Transitional Provisions) Act 1998. General Insurance Supervisory T Levy Act 1989 Hazardous Waste (Regulation DEH of Imports and Exports) Act 1989, Hazardous Waste (Regulation of Imports and Exports) Amendment Bill 1995 and related regulations Review by a taskforce of officials from The Government is considering the Environment Australia, Attorney-General's review recommendations. Department, the Department of Foreign Affairs and Trade, the Department of Industry, Science and Resources and the Department of Health and Aged Care completed. The taskforce was supported by the Hazardous Waste Act Policy Reference Group, acting as a reference group of independent members. Review report available on the Department’s website (www.ea.gov.au). Pathology collection centre licensing. Major review underway. Steering group Legislative changes in June 2001 appointed, terms of reference released, and simplified licensed collection centre public submissions invited. Review report scheme while retaining licensing. due second half of 2001. Review completed in 1998 as part of the The Government is considering the West Review of Higher Education Financing review recommendations. and Policy. Proposed changes relate to the equal treatment of private and public institutions. Health Insurance Act 1973, Part IIA DHAC Higher Education Funding Act 1988, Vocational Education and Training Funding Act 1992, and other regulation with similar effects to the Higher Education Funding Act 1988. Home and Community Care Act 1985 DETYA DHAC Review not required. Act removed from the Commonwealth's LRP on the basis of: earlier removal of competitive restrictions from the Act opening the program to commercial care providers; and advice from the Commonwealth ORR indicating that the Home and Community Care Guidelines neither impose costs nor provide benefits to business. Page 19 Legislation Review Compendium Name of legislation Imported Food Control Act 1992 and Regulations Agency AFFA Major restrictions Review activity Reform activity The Government announced its response to the review on 29 June 2000, endorsing all the recommendations. Recommendations requiring amendment to the Act are being prepared for introduction into Parliament, and amendments to subordinate legislation are under consideration. Imported food must meet Review completed in 1998, recommending: Australian standards. Imported • quality assurance processes of importers food subject to risk-based be recognised; inspection and testing. Testing is performed only by Australian • inspection rates and strategies be Government Analytical tailored to importer performance and Laboratories. agreements on certification and compliance; and • qualified laboratories be permitted to test imported food. Income Equalisation Deposits (Interest Adjustment) Act 1984, and Loan (Income Equalisation Deposits) Act 1976 AFFA Review completed. These schemes were replaced by the Farm Management Deposit Scheme in 1998. The new scheme is a commercially available arrangement operating through deposit taking institutions (such as banks, credit unions and building societies). Changes to structure for negotiating wages and conditions. Legislation replaced by the Workplace Relations Act 1996. The Financial Services Reform Bill 2001 introduced 5 April 2001 proposes complete overhaul in line with Wallis recommendations. Industrial Relations Act 1988 DEWRSB Review subsumed into major restructuring of industrial relations legislation. Insurance (Agents and Brokers) Act 1984 T Licensing. Scheduled review previously deferred because the Act was expected to be repealed as a result of the Corporations Law and Economic Reform Program. Page 20 2 Commonwealth Name of legislation Agency Major restrictions Review activity Review by an independent committee completed in September 2000. Public consultation included releasing an issues paper and an interim report, receiving submissions, and consultation. Reform activity In June 2000, the Government announced the decision to allow parallel imports of books, periodicals, printed music and software products (with the decision being informed, inter alia, by the June 2000 report noted above). Intellectual property AG and protection legislation (Designs DISR Act 1906, Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968 and possibly the Circuit Layouts Act 1989) The review committee presented its Report on Parallel Importing under the Copyright The Government announced its Act 1968 in June 2000 and its final report, response to the final report on 28 Review of Intellectual Property Legislation August 2001. under the Competition Principles Agreement, in September 2000. The final report is available on the review committee's website (www.ipcr.gov.au). Review by the PC completed in September 1998. This review has been combined with the review of International Air Services Commission Act 1992. Review by the PC completed in September 1998. This review has been combined with the review of International Air Service Agreements. Review completed. Act assessed as not restricting competition. International Air Service Agreements DTRS The Government issued a joint statement by the Treasurer and the Minister on international aviation policy on 3 June 1999. The Government issued a joint statement by the Treasurer and the Minister on international aviation policy on 3 June 1999. The Government accepted the review recommendations. International Air Services Commission Act 1992 DTRS International Arbitration Act 1974 Land Acquisitions Acts (Lands Acquisition (Defence) Act 1968, Lands Acquisition (Northern Territory Pastoral Leases) Act 1981, and Lands Acquisition Act 1989 and Regulations) AG DOFA Review by officers of the Department The Government is considering the reporting to an internal Steering Committee review recommendations. completed. The review was advertised nationally and public comment sought from interested persons. The review identified some operational and administrative issues but concluded that the legislation substantially complies with NCP principles. Page 21 Legislation Review Compendium Name of legislation Life Insurance Supervisory Levy Act 1989 Marine Insurance Act 1909 Agency T Major restrictions Review activity Deleted from the Commonwealth's LRP. Reform activity Act repealed by the Financial Sector Reform (Amendments and Transitional Provisions) Act 1998. AG Review by the Australian Law Reform Commission completed in April 2001, recommending minor changes. These include bringing marine insurance brokers and agents into the financial services reform regulatory framework. Review completed in 1997. Amendments, aimed at strengthening and streamlining the skilled entry programs, came into effect in November 1997. Recommendations implemented to further deregulate the student visa program without compromising the integrity of the immigration program. Migration Act 1958 - subDIMA classes 120 and 121 (business visas) Migration Act 1958 - subclasses 560, 562 and 563 (student visas) Migration Act 1958 - subclasses 676 and 686 (tourist visas) DIMA Review completed in 1998. DIMA In June 1998, the Minister for Immigration and Multicultural Affairs sought permission from the Prime Minister and the Treasurer to remove the review of sub-classes 676 and 686 of the Migration Act 1958 (tourist visas) from the LRP on the basis that: the Joint Standing Committee on Migration will report by June 1999 on entry arrangements for the Olympic Games; the terms of reference will address the issue of existing temporary arrangements; and in the 1998 Budget, the Government introduced a $50 visitor visa charge to take effect from 1 July 1998. The Minister assisting the Prime Minister agreed to the removal of this review from the Commonwealth's LRP. Page 22 2 Commonwealth Name of legislation Migration Act 1958, Part 3 (Migration Agents and Immigration Assistance) and Regulations Agency DIMA Major restrictions Review activity Review completed in 1997. Review combined with that for Migration Agents Registration (Application) Levy Act 1992 and Migration Agents Registration (Renewal) Levy Act 1992. Review concluded that due to consumer protection concerns voluntary self-regulation was not immediately achievable, and a transitional arrangement needs to be in place to enable the industry to prepare for self regulation. Review completed in 1997. Review combined with that for Migration Act 1958 Part 3. Reform activity The Government accepted the review recommendations, and passed legislation to implement statutory selfregulation for two years then voluntary self-regulation. Also announced a further review of statutory selfregulation during the two-year period to assess the extent to which the migration advice industry had developed the capacity to be fully selfregulating. The Government decided to move the migration advice industry to statutory self-regulation. Legislation to give effect to this decision commenced in March 1998. Legislation repealed. Migration Agents Registration (Application) Levy Act 1992, and Migration Agents Registration (Renewal) Levy Act 1992 DIMA Moomba-Sydney Pipeline T System Sale Act 1994 - Part 6 (access provisions) Motor Vehicle Standards Act 1989 DTRS Restrictions on imports of used vehicles. Deleted from the Commonwealth's LRP. Review completed. Recommended a number of changes to the administrative and legislative arrangements to improve clarity and efficiency. While the Low Volume Scheme should be maintained it should be extended to full volume manufacturers and some other modifications to the scheme should be made. The review also recommended changes to the vehicle import arrangements and cost recovery. The Government announced changes on 8 May 2000, accepting nearly all recommendations except those relating to restrictions on imports of vehicles under the Low Volume Scheme. A new scheme, the Specialist and Enthusiasts Vehicle Scheme is now in place. Page 23 Legislation Review Compendium Name of legislation Mutual Recognition Act 1992 Agency DETYA and PMC Major restrictions Review activity National review completed in July 1998. Review conducted by a working group of CoAG Committee on Regulatory Reform (CRR), comprising representatives from the Commonwealth, NSW, Queensland (Chair) and WA. The report noted that the scheme is generally working well. It made thirty recommendations addressing the operation of different aspects of the Act and recommended that jurisdictions endorse the continued operation of the Act. Reform activity The Governments is developing a joint response. All jurisdictions generally support the review recommendations, except for Queensland and Victoria, which have reservations about some recommendations. A CRR working group was established in May 1999 to further consider the recommendations that jurisdictions are concerned about; consider issues that the report recommended CRR consider further; and examine implementation issues relating to the recommendations. The Working Group will report to CRR as particular matters are resolved. As at September 2001 no matters have been resolved. National Health Act 1953 (Part DHAC 6 and Schedule 1,) and Health Insurance Act 1973 (Part 3) National Residue Survey Administration Act 1992 and related Acts AFFA Community rating of private health insurance, limits on rebateable services. Review completed in 1997. Review included The Government accepted most of the as part of Industry Commission inquiry into recommendations. Succession of private health insurance. legislative changes from 1998. Lifetime Health Cover introduced July 2000. Review by a committee of officials The Government is considering the completed. The review committee review recommendations. concluded that the legislation did not restrict competition and actually provided a substantial competitive benefit to Australian producers by facilitating local and international trade. Review completed in 1997. CoAG has endorsed the final report, but has requested that legislation be finalised before the report is publicly released. Act extended to January 1999 to continue reform process. National Road Transport Commission Act 1991 and related Acts DTRS Native Title Act 1993 and Regulations PMC Review had not commenced as at August 2001. Page 24 2 Commonwealth Name of legislation Agency Major restrictions Review activity Review completed in 1997. Reform activity The Government announced its response in December 1997, accepting all but one recommendation. The responsible Minister has agreed to the review recommendations. The Department and the Greenhouse Office are undertaking further work to implement review recommendations. Nuclear Safeguards (Producers DFAT of Uranium Ore Concentrates) Charge Act 1993 and Regulations Ozone Protection Act 1989, and Ozone Protection (Amendment) Act 1995 DEH Review underway. The review panel is made up of representatives from Environment Australia, the Australian Greenhouse Office and the AttorneyGeneral's Department, and is assisted by PricewaterhouseCoopers. Consultation involved release of an issues paper in April 2000, seeking submissions and releasing a draft report in September 2000. The draft report identified various possible avenues for anticompetitive effects arising from the legislated phase out of ozone depleting substances, however none of the submissions indicated that anticompetitive behaviour was perceived as a problem. Submissions were due by 1 November 2000. Final report is available on the Department’s website (www.ea.gov.au/atmosphere/ozone). Petroleum (Submerged Lands) AFFA Act 1967 National review completed in 1999-2000. Endorsed by the Australian and New Zealand Minerals and Energy Council (ANZMEC) Ministers. Amendments to be developed by the Commonwealth in mid 2001 and subsequently reflected in State and Territory legislation. Reforms to be implemented shortly. Some details of reforms still to be finalised. Act to be repealed once the petroleum industry establishes an Oil Code and appropriate Code of Conduct. Petroleum Retail Marketing Franchise Act 1980 DISR Review not undertaken due to Government's commitment to repeal Act. Page 25 Legislation Review Compendium Name of legislation Petroleum Retail Marketing Sites Act 1980 Pig Industry Act 1986 and related Acts Agency DISR Major restrictions Review activity Review not undertaken due to Government's commitment to repeal Act. Work on the review suspended following advice from industry. Reform activity Act to be repealed once the petroleum industry establishes an Oil Code and appropriate Code of Conduct. Act repealed and replaced by the Pig Industry Act 2001 which allows for the declaration of a pig industry services body, established under Corporations Law, responsible for the industry's strategic policy development as well as the industry's marketing and research and development services, formerly provided by the Australian Pork Corporation and the Pig Research and Development Corporation. The Pooled Development Funds Amendments Bill introduced late 1999. The Fisheries Legislation Amendment Act (No. 1) 1998 provided for the repeal of the Act three years after Royal Assent in order to allow the collection of outstanding levies. AFFA Pooled Development Funds Act DISR 1992 Prawn Boat Levy Act 1995 AFFA The Act is part of legislative scheme to promote Australian sea-caught prawns in overseas markets using funds raised from industry by means of the export charge and boat levy. The Act imposes a boat levy under section 4. Review completed in 1998. Deleted from the Commonwealth's LRP. Review not required as policy decision made to repeal the Act (and others making up the legislative scheme). Prices Surveillance Act 1983 T Review by the PC completed. Final reports provided to the Government in August 2001. Legislation authorises the collection of statutory levies imposed on primary industries under separate legislation for specified purposes. Review by officials completed in 2000. Review recommendations are under consideration by an interdepartmental committee. The Government is considering the review recommendations. The Government is considering the review recommendations. Primary Industries Levies Act (and related Collection Acts) AFFA Page 26 2 Commonwealth Name of legislation Proceeds of Crime Act 1987 and Regulations Agency AG Major restrictions Review activity Review underway. A working group was established in February 2000 (in conjunction with the NCP review of the Financial Transaction Reports Act and Regulations). Review completed. Reform activity Protection of Movable Cultural DCITA Heritage Act 1986 Quarantine Act 1908 (in DHAC relation to human quarantine) Goods and passengers entering Australia subject to screening. The Government is considering the review recommendations. The Government announced its response in July 1998, approving the report and endorsing the proposal for a second phase review of the human quarantine provisions. Departmental review of provisions relating to human quarantine completed in 1998. Review found minimal impact on competition and public health benefits in excess of costs. Quarantine Act 1908 (in relation to plant and animal quarantine) AFFA Prohibits import of certain goods, Nairn Review of quarantine arrangements animals and plants unless with a completed in 1996. It focussed on permit. increasing the internal efficiency and effectiveness of institutions administering plant and animal quarantine. The Department will conduct a further review of those elements of the Act, if any, that were unchanged following the Nairn Review and that restrict competition. Radiocommunications Act 1992 and related Acts DCITA A review commenced in 1997. However, the national competition principles aspects of the review were not completed. The PC commenced a review of the Act in July 2001, to be completed in July 2002. Page 27 Legislation Review Compendium Name of legislation Rural Adjustment Act 1992, and States and Northern Territory Grants (Rural Adjustment) Acts Agency AFFA Major restrictions Review activity Review completed in 1997. The report made a number of recommendations for future government programs to address rural adjustment. Reform activity Review recommendations were addressed in the Government's package Agriculture - Advancing Australia announced on 14 September 1997. Consistent with the review recommendations, a range of other support schemes replaced the Rural Adjustment Scheme. Safety, Rehabilitation and Compensation Act 1988 C Mandatory insurance, monopoly Review completed in 1997, recommending insurer, and centralised premium introducing competition to Comcare. setting. Registration of ships. Review completed in 1997. The Government accepted the review recommendations and is progressively implementing legislative changes. Shipping Registration Act 1981 DTRS Spectrum Management DCITA Agency - review of Spectrum Management Agency's marketbased reforms and activities Review by the PC underway. Due to be completed in July 2002. Page 28 2 Commonwealth Name of legislation Agency Major restrictions Review activity Review by the PC underway. Legislation to be reviewed includes: Superannuation Industry (Supervision) Act 1993; Superannuation (Resolution of Complaints) Act 1993; Superannuation (Financial Assistance Funding) Levy Act 1993; Superannuation (Self Managed Superannuation Funds) Taxation Act 1987; Superannuation (Self Managed Superannuation Funds) Supervisory Levy Imposition Act 1991; and Occupational Superannuation Standards Regulations Applications Act 1992. Issues paper released 27 March 2001. Report by the PC completed by 10 December 2001, and will be released by the Commonwealth within 25 Parliamentary sitting days of receipt of report (that is, during 2002). Reform activity Superannuation (Financial T Assistance Funding) Levy Act 1993, Occupational Superannuation Standards Regulations Applications Act 1992, Superannuation Industry (Supervision) Act 1993, and Superannuation (Resolution of Complaints) Act 1993 Torres Strait Fisheries Act 1984 AFFA Licensing of community and commercial fishers. Wide Ministerial powers to prohibit taking of certain species; prohibit taking fish under certain sizes; and impose a variety of input controls. Collection of a research and development levy. Reviewed completed in 1999 by Commonwealth and Queensland officials. The review recommended: • a new statement of objectives for the Act; • maintaining the distinction between community and commercial fishing; • retaining licensing of fishing; and • retaining wide Ministerial powers to regulate fishing. The report was presented to the Torres Strait Protected Zone Joint Authority in March 2000. The Authority noted the findings and recommendations of the review and referred these to the Torres Strait fisheries consultative and advisory committees for further consideration. The Authority is waiting for the Torres Strait Fisheries Committee's comments prior to considering the findings of the review. The Government introduced a less prescriptive consumer product information standard. Trade Practices (Consumer Product Information Standards) (Care for clothing and other textile products labelling) Regulations T Review completed in 1997. Page 29 Legislation Review Compendium Name of legislation Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations Agency T Major restrictions Review activity Review completed in 1998. Reform activity Regulations replaced by Trade Practices (Consumer Product Information Standards) Amendment Regulations, requiring a list of ingredients and a nomenclature used by the United States and the European Union. Trade Practices Act (including exemptions) - Part IIIA (access regime) T Review by the PC completed. Issues paper The Government is considering the released on 11 October 2000 and a position review recommendations. paper released in March 2001. Final report provided to the Government in October 2001. Review by the PC commenced in late September 2001 to report in September 2002. Review included in the twelve month PC The Government is considering the inquiry "Cost Recovery by Regulatory, review recommendations. Administrative and Information Agencies including Fees charged under the Trade Practices Act", which commenced in August 2000. The PC released an issues paper and public hearings were held in late November and early December. A draft report was released in April 2001 and the final report was provided to the Government in August 2001. Trade Practices Act 1974 - 2D T exemptions (local government activities) Trade Practices Act 1974 fees charged T Page 30 2 Commonwealth Name of legislation Agency Major restrictions Legislation provides for exemptions for a number of activities relating to intellectual property rights, employment regulations, export arrangements, and approved standards from many of the competition laws contained within Part IV of the TPA. Review activity Reform activity Trade Practices Act 1974 T (s51(2) and s51(3) exemption provisions) Review completed in 1999. Now the subject The Government is considering the of a further review by the Intellectual review recommendations. Property and Competition Review Committee. Page 31 Legislation Review Compendium Name of legislation Trade Practices Act 1974 Part X (shipping lines) Agency DTRS Major restrictions Part X administered by the Commonwealth as an industry specific legislated industry code which exempts shipping conferences from sections 45 and 47 of TPA (with exception of third line forcing provisions). Conferences allow liner shipping companies to coordinate their services, set joint freight rates, pool earnings and costs, establish loyalty agreements with customers, rationalise capacity and restrict new entrants to the conference agreements. Australia's trading partners also exempt conferences from competition law. Review activity Review of Part X by the PC released by the Commonwealth Government in September 1999. The PC concluded that restrictions in Part X are in the public interest because they result in Australian shippers obtaining quality services at the best possible prices and because there are no more efficient ways of achieving these results. The PC recommended various improvements to Part X to clarify the scope of the exemptions from the TPA with regard to land-based activities. These would extend the range of sanctions available to the Minister in the event of a breach of an undertaking by a conference. Reform activity The Government enacted the Trade Practices Amendment (International Liner Cargo Shipping) Act 2000 in October 2000, which generally picks up the review recommendations. Act limits the exemption relating to rate setting by more clearly defining the service to which the exemption applies. Exemption covers terminal to terminal services solely for ocean transport and cargo handling at the terminal. Definition of terminal was widened to include terminals away from ports where exports/imports are made/distributed. Exemptions do not apply to inland haulage rates. The Act changes arrangements for stevedoring conferences. There are exemptions to endorse current stevedoring practices. Generally importers are given similar countervailing protection from the TPA. The Act grants additional powers to the Minister and the Australian Competition and Consumer Commission (ACCC) to review agreements that may result in an unreasonable reduction in shipping services and/or an unreasonable increase in liner shipping freight prices. The Act also repeals section that prohibited price discrimination. Page 32 2 Commonwealth Name of legislation Agency Major restrictions Review activity Reform activity The Government accepted the review recommendations. Bill to repeal legislation introduced into Parliament. The Government is continuing consultations with industry about the new arrangements for domestic skills recognition and migration skills assessment. Tradesmen's Rights Regulation DEWRSB National recognition of metal and Review completed in November 1998. Act 1946 electrical trade skills developed Recommendations included repealing the informally. Act. Also recommended that the Commonwealth Government vacate the domestic skills recognition field (and that Registered Training Organisations established under the Australian Recognition Framework undertake skill recognition on a free competition basis) and that detailed consideration be given to the implementation arrangements. Veterans' Entitlement Act DVA 1986 - Treatment Principles (s90) and Repatriation Private Patient Principles (s90A) Review not commenced as at August 2001. Page 33 Legislation Review Compendium Name of legislation Wheat Marketing Act 1989 Agency AFFA Major restrictions Prohibits the export of wheat except with consent of Wheat Export Authority or by AWB International Limited. Review activity Review by an independent review committee completed in 2000. Review found that introducing competition was more likely to deliver net benefits than continuing the export controls. However, it also found it would be premature to repeal the Act before a relatively short evaluation period of new commercial arrangements. It recommended: • • • • Reform activity The Government announced its response to the review in April 2001, accepting the recommendations, except that it: • declined to incorporate NCP principles in the 2004 review; • retained the requirement for consultation with AWB International Limited on consents for export of retaining the export single desk until the bagged and containerised wheat; and 2004 review; • retained the requirement for written incorporating NCP principles into the approval of AWB International 2004 review; Limited for export of durum wheat. developing performance indicators for Performance indicators for the 2004 the 2004 review; review are yet to be released. moving from export consents to export licensing; • removing for a three-year trial the requirement that the Authority consult AWB International Limited on consents for export of bagged and containerised wheat; and • removing for a three-year trial the requirement that the Authority obtain written approval from AWB International Limited for export of durum wheat. 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