6 Western Australia Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the Western Australian legislation review timetable. Ag BAG CALM CHA CISB DCEP DEP DES DH DIT DMPR DT EPRA FESA Fish GESB HW IA Department of Agriculture The Board of the Art Gallery of Western Australia Department of Conservation and Land Management Country Housing Authority Coal Industry Superannuation Board Department of Consumer and Employment Protection Department of Environmental Protection Department of Education Services Department of Health Department of Industry and Technology Department of Mineral and Petroleum Resources Department of Training East Perth Redevelopment Authority Fire and Emergency Services Authority Department of Fisheries Government Employee Superannuation Board Department of Housing and Works Department of Indigenous Affairs Page 203 Legislation Review Compendium IC J LA LG OE OWR P&C PI Po PTT RGL RIA SBDC SR TF WAGRC WALA WCRC WRC Insurance Commission of Western Australia Department of Justice Department of Land Administration Department of Local Government and Regional Development Office of Energy Office of Water Regulation Department of Premier and Cabinet Department of Planning and Infrastructure Western Australian Police Service Perth Theatre Trust Office of Racing, Gaming and Liquor Rottnest Island Authority Small Business Development Corporation Department of Sport and Recreation Department of Treasury and Finance Western Australian Government Railways Commission Western Australian Land Authority Workers’ Compensation and Rehabilitation Commission Water and Rivers Commission Page 204 6 Western Australia Legislation review schedule: Western Australia Updated to September 2001 Name of legislation Aboriginal Affairs Planning Authority Act 1972 and Regulations Agency IA Major restrictions Access to Aboriginal lands is restricted. Provision of finance for Aboriginal enterprises which enables finance to be provided to Aboriginal enterprises through the Aboriginal Trading fund, which may have competitive advantages over private sector lenders. Section 7(1) empowers a community to which the Act applies to make by-laws relating to the community lands of that community for or with respect to: Review activity Reform activity Review completed in 1997. Concluded that The Government endorsed the review both restrictions protect the residents of recommendations. Act retained without Aboriginal Lands and enable support for reform. Aboriginal enterprises that could reduce reliance on welfare and other transfer payments. The costs are estimated to be minimal, but achieve significant public benefits. Recommended retaining the restrictions. Aboriginal Communities Act 1979 and By-laws IA Review completed in 1997. Concluded that The Government endorsed the review effects on the general economy are not recommendations. Act retained without significant. Non-legislative alternatives reform. were considered, but it is considered that the provision of powers to Aboriginal communities to regulate access to • the prohibition or regulation of community lands is necessary and that no the admission of persons, less restrictive means are available to fulfil vehicles and animals to the the purpose of the Act and maintain the community lands or a part of level of public benefit. Recommended the community lands; and retaining the powers of the communities to regulate access and the availability of • the prohibition, restriction or deleterious substances on the grounds of regulation of the possession, public health and cultural preservation. use or supply of alcoholic liquor or deleterious substances. Page 205 Legislation Review Compendium Name of legislation Aboriginal Heritage Act and Regulations 1974 Agency IA Major restrictions Access to Aboriginal lands containing protected sites is restricted. Review activity Reform activity Review completed in 1997. Concluded the The Government endorsed the review restriction protects the cultural heritage of recommendations. Act retained without the State and ensures that sites of reform. historical and cultural significance are not damaged or destroyed. Noted the restrictions on competition contained in the legislation are in the public interest and should be retained. Review completed in 1997. The restriction has no costs, but provides benefits by placing natural person administrators on a level playing field with other classes of administrators. It does so because other administrators are already subject to similar safeguards to protect deceased estates, by other means. Recommended retaining the restriction as it was found to be in the public interest. Review also recommended: broadening the range of financial institutions covered by a provision that grants them protection to pay funds from a deceased estate, up to a maximum amount, for funeral or other authorised purposes prior to administration of the estate; and making this maximum amount consistent with corresponding provisions of the Financial Institutions Code (WA). Amendments made under the Acts Amendment and Repeal (Financial Sector Reform) Act 1999 removed the restrictions that were to be addressed through the recommendations of the National Competition Policy (NCP) review of this Act. Administration Act 1903 and Regulations J The Act treats natural persons differently from other classes of administrators of intestate estates as regards a requirement to obtain surety. Aerial Spraying Control Act 1966 Ag Licensing of aerial spray contractors. Restrictions on chemically affected produce (eg on sale, movement or destruction). Minimum qualifications for analysts. National review completed in 1999. See the See the Agriculture and Veterinary Agriculture and Veterinary Chemicals Chemicals (Control of Use) Act 1992 (Control of Use) Act 1992 (Victoria). (Victoria). Not listed on WA's review schedule but reviewed as part of the national review of agvet chemicals. See the Agriculture and Veterinary Chemicals (Control of Use) Act 1992 (Victoria). See the Agriculture and Veterinary Chemicals (Control of Use) Act 1992 (Victoria). Agricultural Produce (Chemical Ag Residues) Act 1983 and Regulations Page 206 6 Western Australia Name of legislation Agency Major restrictions Review activity Reform activity Agricultural Products Act 1929 Ag and Regulations Regulates the packing and sale of Review by officials completed. It agricultural products. recommended repealing all codes and replacing these with regulations on labeling. Review by officials, in conjunction with the other agricultural protection Acts, completed. It found the Act did not restrict competition. Review by officials, in conjunction with the other agricultural protection Acts, completed. It found the Act did not restrict competition. Restricts importation of some plants or animals. Requires landholders to control pests and diseases. Spraying regulations. Raises rates on pastoral land. Restricts the storage of agricultural chemicals. Review by officials, in conjunction with the other agricultural protection Acts, completed. It found the Act did not restrict competition. It recommended: • repealing the spraying regulations (as when amendments are made to Health (Pesticides) Regulations 1956) so that aerial operators are subject to the same licensing regimes as other pesticide operators; and • retaining powers to control use and other restrictions. Agricultural Protection Board Act 1950 Ag Agriculture Act 1988 Ag Agriculture and Related Ag Resources Protection Act 1976 and Regulations Agriculture and Veterinary Ag Chemicals (Western Australia) Act 1995 and Regulations Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Restrictions on market entry and conduct. National review completed in 1999 (see the See the Commonwealth Agricultural and Commonwealth Agricultural and Veterinary Veterinary Chemicals Code Act 1994. Chemicals Code Act 1994). Albany Port Authority Act 1926 PI and Regulations Act repealed and replaced by the generic Port Authorities Act 1998. Page 207 Legislation Review Compendium Name of legislation Albany Woollen Mills Agreement Act 1976 Anatomy Act 1930 Agency HW DH Major restrictions Differential treatment. Licensing. Review activity Review not required. Reform activity Act repealed. Review completed in 2000. The review Act retained without reform. found that the Act contained no restrictions that had any effect on competition so as to warrant assessment. Review completed in 1998. Review identifies public benefits of restrictions as: minor cost savings in management of municipal infrastructure arising from coordination in planning, construction and maintenance of municipal infrastructure and oil facilities; minimisation of public inconvenience during construction and maintenance activities on public land; and ensuring proper restoration of municipal infrastructure where this has been disturbed as a result of construction or maintenance activities by the oil companies. Review concluded that the restrictions arising from the legislation are either in the public interest due to current or potential future benefits, or have no current or potential future impact. The Government endorsed the review recommendations. Act retained without reform. Anglo-Persian Oil Company Limited (Private) Act 1919 HW The Act defines the relationships, rights and duties of oil companies, local government authorities and the Minister for Works in relation to the construction, operation and maintenance of pipelines on public lands. These duties and powers of the State and local governments constitute restrictions on the commercial activities of the oil companies. Animal Resources Authority Act 1981 DH Review by officials completed. It found the Act contained no restrictions on competition. Page 208 6 Western Australia Name of legislation Architects Act 1921 and Regulations Agency HW Major restrictions Registration, entry requirements, reservation of title, disciplinary processes, business conduct (including require Architects Board approval for advertising), and business licensing. Review activity Reform activity National review conducted by the A States and Territories working group Productivity Commission (PC) completed in is developing a national response to the August 2000, and publicly released in PC review. November 2000. (Previous State review commenced but not completed). PC review involved public consultation via public release of issues paper, draft report, consultation, public hearings and receiving submissions. Review recommended repeal of the Act. State review being completed to address PC recommendations. Review completed. Concluded that the The Government endorsed the review intended effect of the restriction on the sale recommendations. of artworks is to maintain the Gallery's status as the premier visual art collection and display institution and ensure that the Gallery is not diverted to overtly commercial operations. The restrictions on the sale of art works have minimal impact on those wishing to sell their artwork as the Art Gallery typically refers queries regarding the purchase of art works to the relevant owner. The proposed amendment would allow the Gallery some flexibility to sell artworks from its premises should the need or desire arise. Recommended amending the Act to give the Board discretionary powers in the sale of artworks in the Art Gallery or in any other place under the management and control of the Board. Art Gallery Act 1959 BAG The Act provides that works of art shall not be sold or exposed for sale in the Art Gallery or in any other places under the sole management and control of the Board. This imposes a discriminatory restriction on competition by not allowing private owners to sell works of art from the Gallery whilst allowing the Board to exempt governments or other art galleries from this provision. Regulations specifying the conditions and restrictions under which the public may be allowed to examine works of art in the Art Gallery and other places under the management and control of the Board. Page 209 Legislation Review Compendium Name of legislation Agency Major restrictions Restricts premises for supplying semen and other reproductive material. Licenses artificial breeders. Restricts the importation of reproductive material. Review activity Review by officials, in conjunction with a range of other agricultural protection Acts, completed. Recommended: • repealing all restrictions; • introducing new less restrictive regulations on control of diseases; and • voluntary licensing of artificial breeders. Reform activity Artificial Breeding of Stock Act Ag 1965 Auction Sales Act 1973 and Regulations DCEP Licensing of auctioneers, entry requirements (fit and proper person, requires two years experience on restricted licence before general licence), reservation of practice, and business conduct (maintenance of records in relation to livestock and vendor accounts). Review underway. Discussion paper released in September 2000 inviting submissions. Discussion paper recommended that: the licensing system be retained until a full legislative review of the Act within the next 12 months; unless justified by new reasons arising from that review, the licensing system be repealed; and if licensing, or some other form of occupational regulation, is justified after completion of a full legislative review, then the administration of such a system be the responsibility of a single Government organisation. Act repealed and replaced by the Lotteries Commission (Soccer Pools) Rules 1996. Review by officials, in conjunction with a range of other agricultural protection Acts completed. It recommended retaining all restrictions except to reconsider those relating to honey standards and nuisance provisions. Australian Soccer Pools Bloc: Rules for Subscriber Participation Beekeepers Act 1963 RGL Licensing. Ag Requires registration of all beekeepers and branding of hives. Restricts importation, antibiotic use and testing. Imposes standards on honey. Page 210 6 Western Australia Name of legislation Betting Control Act 1954 and Regulations Agency RGL Major restrictions Licensing. Review activity Review in conjunction with the Totalisator Agency Board Betting Act 1960, completed in 1998. Of the 42 restrictions analysed in the review, the legislative provisions pertaining to 20 restrictions were recommended for repeal or amendment including: • relaxing restrictions on the operation of totalisators other than by the Totalisator Agency Board (TAB); • relaxing restrictions on bookmakers and their operations; • removing limits on bets in the regulations, leaving the racing clubs to set limits as they see fit; and • relaxing some restrictions on the operations of the TAB. The legislative provisions giving rise to the remaining restrictions were assessed as being in the public interest and recommended for retention. Reform activity The Government endorsed the review recommendations. Recommendations are being implemented via the Betting Legislation Amendment Bill 2001 and the Acts Amendment and Repeal (Competition Policy) Bill. Biological Control Act 1986 Ag No restrictions on competition. Act requires a transparent public inquiry process and review to determine the net public benefit of a biological control release. Registration (boxers, trainers, promoters and judges). Review not required. Act to be retained without reform. Boxing Control Act 1987 and Regulations SR Departmental review completed in 1997. The Government endorsed the review Consultation involved submissions. Review recommendations. Legislation retained found that the restrictions were in the without reform. public interest. Page 211 Legislation Review Compendium Name of legislation Bread Act 1982 Agency DCEP Major restrictions Review activity Reform activity Act to be repealed by Acts Amendment and Repeal (Competition Policy) Bill. Restrictions on market entry. Review by officials completed. It Restrictions on delivery time for recommended repeal of the Act. bread. Requirements for marking vehicles delivering bread. Licensing. Licensing, registration, entry requirements (training and seven years practical experience, age, good character, 'sufficient material and financial resources'), the reservation of practice, and business licensing. Review, in conjunction with the Home Building Contracts Act 1991, underway. Discussion paper completed in June 2000. Proposed recommendations included reducing restrictions on owner builders, expanding the scope of conditional licences, and expanding the coverage of the Act to the whole State. The Government sought comments by November 2000. Review underway. Involves intra and inter agency consultation. British Imperial Oil Company (Private) Act 1925 HW Act retained without reform. Builders Registration Act 1939 DCEP and Regulations Building and Construction Industry Training Fund and Levy Collection Act 1990 and Regulations Bulk Handling Act 1967 and Regulations DT Differential treatment. Ag Co-operative Bulk Handling Limited (CBHL) granted sole right to receive and deliver grain until 31 December 2000. Review scheduled for 1999 but deferred pending a restructure of CBHL and merger talks with the Grain Pool of WA (monopoly grain marketer). Act repealed and replaced by the generic Port Authorities Act 1998. Bunbury Port Authority Act 1909 and Regulations PI Restrictions on market entry and Review not required. conduct. Page 212 6 Western Australia Name of legislation Bush Fires Act 1954 and Regulations Agency FESA Major restrictions Restriction on the lighting of fires and the requirement to maintain fire breaks. This restriction regulates the lighting of fires and requires the maintenance of fire breaks. Review activity Review completed in 1997. Concluded the restriction on the lighting of fires and the requirement to maintain fire breaks is a very minor restriction on competition. This restriction is clearly in the public interest as it reduces the likelihood of fires. Recommended retaining the restriction. Reform activity The Government endorsed the review recommendations. Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill. Requirement on local governments to provide Also noted that firefighting equipment is firefighting equipment and insure essential in combating bush fires and voluntary firefighters. protecting the community. The extremely high potential cost of fire damage means local governments must be prepared. Volunteer firefighters are also essential in protecting communities from bush fires and therefore it is in the public interest for government to provide insurance to those who voluntarily risk their lives to protect the community. Recommended retaining the restriction. The review also recommended that Government businesses be subject to fire control requirements. Business Franchise (Tobacco) Act 1975 DH A licence is required by any person wholesaling tobacco or purchasing tobacco for retailing from someone who is not a licensed wholesaler, unless purchase is exempt. Review completed in 1997. Concluded that The Government endorsed the review although this licensing regime restricts recommendations. competition in the tobacco wholesaling industry and by doing so keeps prices artificially inflated, it thereby reduces consumption, and was found to be in the public interest on public health grounds. Recommended retaining the restriction. Review not required. Act to be repealed. Camballin Farms (AIL Holdings LA Pty Ltd) Agreement Act 1985 Page 213 Legislation Review Compendium Name of legislation Caravan Parks and Camping Grounds Act 1995 Agency LG Major restrictions Competitive neutrality, land licensing. Review activity Review underway. The Caravan Parks and Camping Grounds Advisory Committee, a committee comprising government and industry representatives, is considering matters to do with restrictions in both the Act and associated regulations. Reform activity Carnarvon Banana Industry (Compensation Trust Fund) Act 1961 Ag Trust fund provides compensation Review by officials completed. It for storm damage that restricts recommended that the Act be repealed. the entry of potential insurers to this market. Subsidised compensation is available only to Carnarvon growers. Act repealed on 28 June 2000. Page 214 6 Western Australia Name of legislation Casino (Burswood Island) Agreement Act 1985 and Regulations Agency RGL Major restrictions Licences, restrictions on games, and regulation of operations. Review activity Review completed in 1998. The following restrictions found to be in the public interest: • limits on prizes and play amounts for amusement games with prizes; • limits on the number of bingo permits; • payout ratios and minimum and maximum wagers for minor lotteries; • the ability to set licence fees and taxes should remain, measures taken to ensure that in future, competing casino operators are treated equally and that licence fees are limited to cost recovery; • the licensing of casinos, games and the rules of games, and employees; • the approval needed for Casino supply contracts; • the ability of the Minister to approve certain ownership transactions and certain operating decisions; • the restriction of the use of credit wagering at the Casino; • the period of exclusivity for the Casino; • the conditions imposed on new casinos beyond the period of exclusivity; and • the monopoly over Casino style games and variants restricted to Burswood and any new casino beyond the period of exclusivity. Reform activity The Government endorsed the review recommendations. Change limited to certain restrictions on playing bingo, and the licensing of 'junkets'. Main restrictions on conduct of casinos and casino games retained. Page 215 Legislation Review Compendium Name of legislation Agency Major restrictions Powers to nominated persons to inspect and destroy cattle for the purposes of disease control. Provision to raise a levy on the sale of cattle. Review activity Review by officials completed in 1998. It recommended: • retaining the restrictions; and • amending the Act to ensure that compensation is only paid for animals destroyed as a result of a control program which is of a "sufficiently public good nature". Review not required. Reform activity Cattle Industry Compensation Ag Act 1965 Censorship Act 1996 J Act replaces the Censorship and Films Act 1947, the Video Tape Classification and Control Act 1987 and the Indecent Publication and Articles Act 1902. Act repealed. Legislation to be repealed. The Government endorsed the review recommendations. Amendments not yet implemented. Censorship and Films Act 1947 J Charitable Collections Act 1946 and Regulations Chicken Meat Industry Act 1977 and Regulations J Ag Licensing. Licensing. Review not required. Prohibits supply of chickens Review completed in 1997, recommending unless under an agreement the Government retain the industry approved by the Industry committee's power to set industry-wide Committee. Processing plants and supply fees, subject to review after five growing facilities must be years, and that restrictions on producer approved. entry and individual negotiations be removed. Restrictions on entry, registration, title, practice, and disciplinary provisions. Licensing. Competitive neutrality. Review underway. Issues paper released October 1998. Review not required. Review deferred pending expected changes to Commonwealth superannuation industry regulatory framework. Chiropractors Act 1964 DH City of Perth Parking Facilities PI Act 1956 and Regulations Coal Industry Superannuation CISB Act 1989 Legislation repealed. Page 216 6 Western Australia Name of legislation Commonwealth Oil Refineries Limited (Private) Act 1940 Conservation and Land Management Act 1984 Agency HW CALM Major restrictions Licensing. Review activity Reform activity Act retained without reform. Exclusive control and An independent economic adviser reviewed Act substantially amended by: management of State forests by the Act prior to its amendment. The • the Conservation and Land the Conservation Commission. amending legislation was also reviewed. Management Amendment Act 2000; Licensing of timber collection and and of taking of other resources. • the Forest Products Act 2000. Administrative discretion over how licences and produce are These Acts vested State forests and allocated and priced. Permits to other lands in the Conservation occupy and use State forest. Commission and established the Forest Registration of timber workers. Products Commission to undertake commercial forestry functions on State forests and private land. However, the previous Government did not consider the reviews before the amending legislation was passed. The reviews are now awaiting consideration. Consumer Affairs Act 1971 DCEP General review, in conjunction with the Fair Trading Act 1987, scheduled in the second half of 2001 and will include a review of any restrictions on competition to ensure they are in the public interest. National review underway. Licensing. Act recommended for repeal. Review by officials underway. Act expected to be repealed. Consumer Credit (Western Australia) Act 1996 Cooperative and Provident Societies Act 1903 Country Slaughterhouse Regulations 1969 DCEP J DH Page 217 Legislation Review Compendium Name of legislation Credit (Administration) Act 1984 and Regulations Agency DCEP Major restrictions Licensing, and disciplinary provisions. Review activity Review completed, with public consultation. It recommended that the licensing requirements be repealed and that many of the powers of the Tribunal and Commission be removed, but that the disciplinary provisions be retained on public interest grounds. Review underway. Limited consultation required as the legislation is largely superseded by the Consumer Credit Code. Very few provisions in the Credit Act 1984 and the Regulations remain. Review underway. Issues paper released for comment. Review by officials completed in 1998. Review recommended that investment provisions be consistent between universities. Reform activity The Government endorsed the review recommendations. Drafting instructions to include the recommended amendments in the proposed Acts Amendment (Competition Policy) Bill 2001 have been forwarded to the Parliamentary Counsel. Credit Act 1984 and Regulations DCEP Differential treatment. Cremation Act 1929 Curtin University of Technology Act 1996 DH DES Licensing. Competitive neutrality, and market power. The Government endorsed the review recommendations. Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill. Dairy Industry Act 1973 and Regulations Ag Vesting of milk in the Dairy Industry Authority. Farmgate price-setting for market milk. Market milk quotas. Licensing of farmers and processors. Review by officials, assisted by an industry In line with the March 2000 working party, completed in 1998. Review communique signed by all Australian recommended: Agriculture and Primary Industries Ministers committing to a national • the retention of farm-gate pricing for approach to dairy reform, WA passed market milk; Dairy Industry and Herd Improvement Legislation Repeal Act 2000 on 27 June • the continued vesting of all milk in the 2000, deregulating the industry from 1 Dairy Industry Authority; and July 2000. • the continuation of the licensing powers of the Authority. The review also found that quotas as a mechanism for ensuring year round supply where unnecessary, but recommended that quotas be retained for as long as farm-gate pricing continues. Page 218 6 Western Australia Name of legislation Dampier Port Authority Act 1985 and Regulations Dampier to Bunbury Pipeline Regulations 1998 Debt Collectors Licensing Act 1964 and Regulations Agency PI OE DCEP Major restrictions Restricts market entry and conduct. Review activity Reform activity Act repealed and replaced by the generic Port Authorities Act 1998. Regulations repealed on 1 January 2000. Licensing, entry requirements Departmental review underway. Issues (age, good fame and character, paper released. fit and proper person), the reservation of practice, and business conduct (trust accounts, fidelity bonds). Restrictions on entry, registration, title, practice, and disciplinary provisions. Licensing. Restrictions on entry, registration, title, practice, and disciplinary provisions. Review completed. Amendments being drafted. Dental Act 1939 DH Dental Amendment Act 1996 Dental Prosthetics Act DH DH Review completed. Review completed. Amendments being drafted. Amendments being drafted. Dried Fruits Act 1947 Ag Grading of fruit. Registration of Review by officials completed in 1997. It dealers and packing sheds. recommended that the Act be repealed. Maintenance of health standards. Act repealed on 15 December 1998. Page 219 Legislation Review Compendium Name of legislation Agency Major restrictions Redevelopment control of the area, the compulsory taking of land, subdivision approval from Minister rather than the State Planning Commission, Treasurer's guarantee of loans, and Ministerial controls. Review activity Reform activity East Perth Redevelopment Act EPRA 1991 and Regulations Review completed in 1997. Review found The Government endorsed the review that effects of the restrictions on recommendations. Act retained without competition are relatively minor. The report reform. concludes that there are no acceptable alternatives to achieving the objectives of the three restrictions relating to the powers of the Authority. The powers are necessary to clean up the existing environmental problems and achieve redevelopment in line with the vision for the area. At this stage of the Authority's activities, it would not be feasible to modify the regulatory framework. The restrictions relating to the internal running of the Authority stem from the Authority's status as a government agency and therefore cannot be removed. Recommended retaining restrictions. Review completed in 1997. Concluded the Amendments being progressed via the Board needs to retain the powers vested in Acts Amendment and Repeal Section 21(1) to enable monies to be (Competition Policy) Bill. borrowed to continue to perform its role as a provider of public bus services in Kalgoorlie/Boulder. Recommended repealing sections 5(2) and 35 of the legislation and retaining section 21(1). Non-legislative alternatives were considered (and rejected) relating to the Board's current power to regulate patrons' behaviour through by-laws and regulations. The Board's powers in this respect are comparable to those of the Department of Transport in the Transperth system, and they do not confer any significant advantage over potential competitors. Recommended retaining above restriction. Eastern Goldfields Transport Board Act 1984 and Regulations PI Restrictions that gave the Board advantages arising from public ownership included: • section 5(2) nominating the Board as an agent of the Crown; • section 21(1) implying a Government Guarantee on borrowings; and • section 35 exempting the Board from payment of local government rates. Sections 32 and 36 allowing the Board to make by-laws and regulations governing the behaviour of patrons and other matters. Page 220 6 Western Australia Name of legislation Edith Cowan University Act 1984 Agency DES Major restrictions Competitive neutrality, and market power. Review activity Review by officials completed in 1998. Review recommended that investment provisions be consistent between universities. Review underway. Reform activity The Government endorsed the review recommendations. Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill. Education Service Providers (Full Fee Overseas Students) Registration Act 1992 DES Licensing of providers of education to overseas students. Regulations concerning mandated supply; coordinator determines interconnection prices; restriction on sale/hire of non-approved electrical appliances; and uniform pricing. Electricity Act 1945 - Part 1 of OE 2 Review by an independent consultant completed in 1998. Involved consultation. Review recommended retention of existing restrictions but removal of Western Power's exemption from seeking Coordinator's approval to supply the public. The Government endorsed the review recommendations. Amendments to be included in the energy amendment Bill. The Government has since proposed further review and reform of the Act. Electricity Act 1945 - Part 2 of OE 2 (Electricity (Licensing) Regulations 1991) Regulations - licensing, entry Review of Electricity (Licensing) requirements Regulations underway. (apprenticeship/training and experience/exam, fit and proper), reservation of practice, and disciplinary processes. Exclusive franchise of Western Power; barrier to entry to generate electricity; vertical integration; and competitive neutrality restrictions. Review by an independent consultant completed. Involved consultation. Review recommended an accelerated timetable for third party access, removal of entry barriers for generators, and ring-fencing of vertical integration structure. The Government endorsed the review recommendations. The contestability threshold was lowered from 5MW to 1MW from 1 January 2000. The Government has foreshadowed further reductions to the general contestability threshold from 1 July 2001 (228kW) and 1 January 2003 (34kW). Some minor competitive neutrality advantages have been removed by the Statutes (Repeals and Minor Amendments) Act 1998. The Government has since proposed further review and reform of the Act. Electricity Corporation Act 1994 OE Page 221 Legislation Review Compendium Name of legislation Employment Agents Act 1976 and Regulations Agency DCEP Major restrictions Licensing, entry requirements (fit and proper person), the reservation of practice, and business conduct (scale of fees, maintenance of records, no misleading advertising). Amended to introduce a gas licensing system that provides for regulation of companies operating distribution systems and supplying gas to consumers using less than 1 Terajoule per year. Provided monopoly rights over sale of liquid petroleum gas (LPG) and provides energy corporations with powers of compulsory land acquisition and disposal, powers of entry, certain planning approval and water rights, and indemnity against compensation claims. Licensing. Review activity Departmental review underway. Consultation involves a questionnaire sent to 355 licensed employment agents, public submissions on issues, and stakeholder responses to draft report. Reform activity Energy Coordination Act 1994 OE Review of new provisions found restrictions Act to be retained without reform. were minimal and were the most costeffective means of protecting small customers. Energy Operators (Powers) Act OE 1995; formerly known as Energy Corporations (Powers) Act 1979 Review completed in 1998. It recommended removal of monopoly over sale of LPG, and retention of land use powers of energy corporations. Land use powers necessary to facilitate energy supply. Restrictions on LPG trading lifted with enactment of Energy Coordination Amendment Act 1999 and the Gas Corporation (Business Disposal) Act 1999. Environmental Protection Act 1986 Esperance Lands Agreement Act 1960 Esperance Port Authority Act 1968 and Regulations DEP Review by independent consultants completed. The review found that restrictions should be retained. The Government endorsed the review recommendations in 1997. Act to be repealed. LA PI Restrictions on market entry and conduct. Act repealed and replaced by the generic Port Authorities Act 1998. Page 222 6 Western Australia Name of legislation Agency Major restrictions Review activity Reform activity Exotic Diseases of Animals Act Ag 1993 Powers to inspect, demand Review completed in 1998. It assistance and issue local recommended retaining the restrictions in quarantine orders. Powers to the public interest. seize and destroy infected stock. Powers to control the movement of stock. The Act requires licences, permits, authorisations or approvals to be obtained as a means of regulating the various activities involving explosives and dangerous goods. Review completed in 1998. It found that generally there are more efficient and effective ways of achieving the objectives of the legislation. The review considered more flexible approaches to controlling activities involving dangerous goods and found that these alternatives can also The effects of the restrictions are achieve the required safety and community generally to impose compliance protection objectives. costs on business and to protect the community from the activities involving explosives and dangerous goods. The Government endorsed the review recommendations. The Dangerous Goods (Transport) Act 1998 implemented a revised framework for classifying explosives and dangerous goods and transport-related matters. This ensures international consistency in systems of classification and authorisation criteria for dangerous goods and explosives. In addition, regulation of the transportation of explosives is now consistent with that of other dangerous goods under the new national transport framework. Amendments being progressed through Parliament. Explosives and Dangerous Goods Act 1971 DMPR Fair Trading Act 1987 DCEP Review, in conjunction with the Consumer Affairs Act 1971, undertaken in the second half of 2001. The review will include consideration of any restrictions on competition to ensure that they are in the public interest. Page 223 Legislation Review Compendium Name of legislation Fertilisers Act 1977 Agency Ag Major restrictions Review activity Reform activity Requires retailers to clearly label Review completed in 1997. It fertilisers and to handle them in recommended: such a way as to avoid • amending the Act to apply only to those contamination. fertilisers that pose a risk to agriculture; and • using less restrictive means to achieve the same objectives for other fertilisers. Finance Brokers Control Act 1975 DCEP Registration, business licensing (with exceptions), advertising, limits on remuneration, conditions on how monies are kept on behalf of clients, auditing requirements and other conduct restrictions. Review completed in 1999. It was concluded that the significant cost of complying with the Act did not warrant the benefits (if any) that it obtained and that these could be achieved with a less restrictive model. There was no evidence that the current system reduced the risk of defalcation or fraudulent behaviour of finance brokers. The review identified a class of persons known as private lenders who require some form of regulation to ensure a high quality service is maintained. This group includes superannuants who see mortgage backed loans as being an alternative to bank deposits. The review recommended repealing the Act and introducing Code of Practice under section 42 of the Fair Trading Act 1987, to provide regulation of financial intermediaries who deal as private lenders, for 3 years while the industry develops a self regulatory mechanism. Review not required. Act removed from the legislation review timetable in view of a national approach to firearms policy. Review held in abeyance pending the decision of the Temby Royal Commission into the Finance Broking Industry. Firearms Act 1973 and Regulations Po Registration (firearm repairers). Page 224 6 Western Australia Name of legislation Fish Resources Management Act 1994 Agency Fish Major restrictions Licensing of fishers. Prohibitions on market outlets. Input controls on boat, gear and fishing methods. Output controls such as total allowable catches, quota, bag and size limits. Review activity Review completed in 1999. It recommended retaining existing restrictions except for the Western Rock Lobster Managed Fishery, where it recommended an assessment of the net benefit of moving to an output controlsbased regime. It also recommended steps to include NCP principles in the ongoing cycle of fisheries management review. Review by independent consultant underway. Reform activity The Government is consulting on the recommendations before determining its response. Fisheries Adjustment Schemes Fish Act 1987 Ministerial discretion as to eligibility for compensation upon cancellation of fishing property rights. Fishing Industry Promotion Training and Management Levy Act 1994 Fremantle Port Authority Act 1902 Act and Regulations Friendly Societies Act 1894 Fruit Growing Industry Trust Fund Act 1941 Fish Potential for levies to be imposed Review by independent consultant with differential impact on underway. fishers. Restricts market entry and conduct. Licensing. Review not required. Act repealed and replaced by the generic Port Authorities Act 1998. Act repealed. Act repealed. PI J Ag Page 225 Legislation Review Compendium Name of legislation Agency Major restrictions Review activity Reform activity No change to most restrictions, including licensing and the availability of gaming machines. But restrictions on casino games for community gaming, two-up and bingo prize pools to be removed, subject to appropriate changes being negotiated in the Casino (Burswood Island) Agreement Act. Lotteries restrictions to be removed or reduced, including: to allow for the licensing of suppliers of State lottery products by State Agreement; amending the legislation so that lotteries conducted by organisations the subject of such an agreement are lawful lotteries; allow for licensing professional fundraisers; removing the definition of 'foreign lottery' from the legislation; and related amendments. Act repealed in December 2000. Gaming Commission Act 1987 RGL and Regulations Licensing for the conduct of Review completed in 1998. games such as bingo, two-up and so on. Gas Corporation Act 1994 OE Creates Gas Corporation to run certain publicly owned gas assets. Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 - gasfitters licensing, registration, entry requirements (knowledge and skills, fit and proper), and reservation of practice. Access provisions. Review underway. Gas Standards Act 1972 and Regulations OE Gas Transmission Regulations OE 1994 Geraldton Port Authority Act 1968 and Regulations PI Legislation repealed. Access and related matters now regulated under the Gas Pipelines Access (WA) Act 1998. Act repealed and replaced by the generic Port Authorities Act 1998. Restricts market entry and conduct. Page 226 6 Western Australia Name of legislation Agency Major restrictions Deals with competitive advantages and disadvantages arising from Government ownership. Limits on choice of funds. Access, market power, and competitive neutrality. Review activity Review completed in 1999-2000. Review recommended removal of advantages enjoyed by the Gold Corporation and subsidiaries over other businesses operating in precious metals markets. Reform activity The Government endorsed the review recommendations. Legislation to implement recommendations introduced in May 2000 but not yet enacted. Act repealed. Gold Corporation Act 1987 and TF Regulations Government Employees Superannuation Act 1987 GESB Government Railways Act WAGRC 1904 and By-laws: Nos. 1 to 53, 59, 62, 63, 64, 68, 74. No. 55 (rates) No. 60 (passenger fares) No. 75 (Auction Sales), and No. 76 (Licensed Porters) Grain Marketing Act 1975 and Ag Regulations Review completed in 1998. The Government Railways (Access) Act 1998 and the Rail Safety Act 1998 have addressed amendments removing various advantages and disadvantages conferred on the Commission. Establishes the Grain Pool of WA Review underway. and confers on it a monopoly over bulk exports of feed and malting barley, canola and lupins. Licensing, registration, entry requirements (good character, training and exam), reservation of practice and title, and disciplinary processes. Review by independent consultants underway. A consultative committee has been established (including industry, Government and consumer representatives). Review has called for public submissions. Hairdressers Registration Act 1946 and Regulations DT Health (Adoption of Food Standards Code) Regulations 1992 DH As per the Food Standards Code. National review completed in 2000 (see the All Australian governments agreed in NSW Food Act 1989). November 2000 to adopt core provisions of the Model Food Bill by November 2001. Licensing. Licensing. Review underway. Review underway. Health (Asbestos) Regulations DH 1992 Health (Cloth Materials) Regulations 1973 DH Page 227 Legislation Review Compendium Name of legislation Health (Construction Work) Regulations 1973 Agency DH Major restrictions Licensing. Licensing. Review activity Review underway. Part of Galbally Review. Final review report under consideration by the Australian Health Ministers Advisory Council (AHMAC). Review underway. Reform activity Health (Drugs and Allied DH Substances) Regulations 1961 Health (Food Hygiene) Regulations 1993 Health (Game Meat) Regulations 1992 Health (Meat Inspection and Branding) Regulations 1950 DH Licensing of food processors. Registration of premises. Safe food practices specified. DH Minimum qualifications for Review underway. slaughterers. Registration of field depots and processing facilities. Review underway. Licensing. Review underway. Invitation to submit. Review underway. Licensing. Licensing. Licensing. Licensing. Licensing. Review not required. Review underway. Review underway. Review underway. Review underway. Act repealed. DH Health (Pesticides) Regulations DH 1956 Health (Pet Meat) Regulations DH 1990 Health (Public Buildings) Regulations 1992 Health (School Dental Therapists) Regulations 1974 Health Act (Swimming Pools) Regulations 1964 Health Act 1911 Health Laboratory Services (Fees) Regulations Health Services (Conciliation and Review) Act 1995 DH DH DH DH DH DH Page 228 6 Western Australia Name of legislation Hire Purchase Act 1959 and Regulations Agency DCEP Major restrictions Credit providers are required to refund any surplus amount following repossession of goods under hire-purchase transactions; the Court has power to reopen hire-purchase transactions which it considers to be "harsh or unconscionable"; and the ability of credit providers to repossess farming goods is regulated. Review activity Review completed, with public consultation. Review found that most of the provisions of the Act are no longer needed to achieve consumer protection for new hire-purchase transactions, since the enactment in 1996 of the national uniform Consumer Credit Code. However, the review found that three provisions (relating to surplus from sale of goods, equitable relief and farm goods purchases) are not adequately reproduced in the new Code and are justified for retention in the public interest. Reform activity The Government endorsed the review recommendations. Act to be amended via the Acts Amendment and Repeal (Competition Policy) Bill 2000. Home Building Contracts Amendments Act 1996 and Regulations DCEP Requirement of written contracts, Review, in conjunction with the Builders The Government sought comments by conditions (including mandatory Registration Act 1939, underway. November 2000. insurance). Discussion paper completed in June 2000. Proposed recommendations included retaining requirements for written contracts and maximum amount for deposit, the 'warranty' period and home indemnity insurance (but with further examination of the differences in requirements in WA and the rest of Australia). Also recommendation that insurance authorisation be modified so Minister approves policies, rather than insurers. Horticultural Produce Commission Review completed in 1997. It Act amended. Now called the is empowered to raise recommended amending the Act to ensure Agricultural Produce Commission Act compulsory levies from growers. that levies are used only to fund services 1988. that are of a sufficiently public good nature and have had a benefit cost assessment. Licensing. Review underway. Horticultural and Produce Commission Act 1988 Ag Hospitals (Licensing and Conduct of Private Hospitals) Regulations 1987 DH Page 229 Legislation Review Compendium Name of legislation Hospitals (Licensing and Conduct of Private Psychiatric Hostels) Regulations 1997 Hospitals (Service Charges) Regulations 1984 Hospitals and Health Services Act 1927 Hospitals and Health Services Amendment Act 1996 Human Reproductive Technology Act 1991 Agency DH Major restrictions Licensing. Review activity Review underway. Reform activity DH DH DH DH Licensing. Licensing. Licensing. Licensing. Review underway. Review underway. Review underway. Review completed. Review found that the Act contained no restrictions that had any effect on competition so as to warrant assessment. Review completed, and no reform recommended. Review completed in 2000. The review found that the Act contained no restrictions that had any effect on competition so as to warrant assessment. Review not required. Legislation repealed and replaced by the Censorship Act 1996. Act retained without reform. Human Reproductive Technology Amendment Act 1996 Human Tissue and Transplant Act 1982 DH Licensing. DH Licensing. Indecent Publications and Articles Act 1902 and Regulations J Licensing. Page 230 6 Western Australia Name of legislation Industrial Relations Act 1979 Agency DCEP Major restrictions • qualifications for Chief Commissioner and President; • age limit for members of Western Australian Industrial Relations Commission (WAIRC); • restrictions on the jurisdiction of WAIRC; • individual access to WAIRC; • representation of parties by legal practitioners; • employees as parties to industrial agreements; • registration of employer and employee organisations; Review activity Reform activity Review completed in 1997. Due to the non- The Government endorsed the review financial nature of the restrictions and the recommendations. Amendments are difficulty in quantifying them, the analysis required. is purely qualitative. The restrictions are largely discriminatory in nature. A number of restrictions discriminate between employees in relation to access to dispute resolution services. Recommended: • the above restrictions should be removed as they are not in the public interest; and the binding of employers and employees to common rule awards legislation should be amended; The following restrictions are in the public interest and should be retained; • parties to workplace agreements having • access to Public Sector Appeal total access to WAIRC; Board and Railway • restrictions on the jurisdiction of WAIRC; Classification Board; and • use of the Government Printer • prohibition on use of membership funds to print the Gazette; for political expenditure. • binding of employers and employees to common rule awards; • parties to workplace agreements having total access to WAIRC; and • prohibition on use of membership funds for political expenditure. Page 231 Legislation Review Compendium Name of legislation Industrial Training Act 1975 and Regulations Infectious Diseases (Inspection of Persons) Regulations Inquiry Agents Licensing Act 1954 and Regulations Instant Lottery Rules 1991, Instant Lottery (Telespin) Rules 1991, and Lotto Rules 1990 Insurance Commission of Western Australia Act 1986 Agency DT Major restrictions Licensing. Review activity Review not required. Reform activity Legislation repealed and replaced by the Vocational Education and Training Act 1996. DH Licensing. Review underway. Po Licensing. Act repealed and replaced by the Security and Related Activities (Control) Act 1996. Legislation repealed. Replacement Lotteries Commission regulations reviewed. Review completed in 1998. It concluded Act retained without reform. that the restrictions provide net public benefit primarily because they improve accountability and oversight controls that are consistent with the approach to other public sector bodies, and legislation other than this Act gives the Insurance Commission exclusive functions so that it has no competitors. The review recommended retaining the restrictions as they provide a net public benefit and are necessary to achieve the objectives of the Act. Legislation to be repealed. RGL Differential treatment. IC Limits on investment and borrowing powers, Treasurer's guarantee, Competitive neutrality. Jetties Act 1926 and Regulations PI Licensing, and competitive neutrality. Page 232 6 Western Australia Name of legislation Land Valuers Licensing Act 1978 and Regulations Agency DCEP Major restrictions Review activity Reform activity The Government is considering the review recommendations in light of the Gunning Inquiry. (Gunning Inquiry recommended replacing seven licensing boards including the Land Valuers Licensing Board, with a single authority to license finance brokers, builders, car dealers, land valuers, and real estate and settlement agents.) Matters are now being held in abeyance pending the findings of the Temby Royal Commission. Licensing, entry requirements Review completed. (member of Institute of Valuers or education and four years experience, and possibly exams), the reservation of title and practice, and business conduct (including board setting maximum fees, code of conduct). Page 233 Legislation Review Compendium Name of legislation Law Reporting Act 1981 Agency J Major restrictions The requirement to obtain prior written consent of the Attorney General before publishing judicial decisions of State courts. Review activity Reform activity The Government endorsed the review recommendations. The recommendations are likely to be effected through administrative rather than legislative means. Review completed in 1998. It found the benefits of the restriction (through maintaining the integrity of judicial processes utilising published judgments) outweigh the costs associated with The practice of selective potentially reduced innovation and invitation and awarding of a availability of law reports. Review single contract for a ten year concluded the net public benefit could be period for the publication of the achieved by a less restrictive alternative, Authorised Reports. involving a negative licensing system giving blanket authorisation to anyone to publish An arrangement between the law reports while preserving the Attorney Supreme Court Library and the General's right to revoke, vary or withdraw Attorney General which authorisation, and the practice of selective establishes the Library as a monopoly service provider for the invitation and awarding of a 10 year supply of unreported judgments contract for publication of the Authorised Reports be replaced with a widened tender and which is not subject to any process and reducing contract periods to 5 form of market testing. years. Also recommended retaining the arrangement between the Supreme Court Library and the Attorney General, as there were benefits from greater accessibility to unreported judgments for the judiciary and the community at large through an efficient distribution service at minimal cost. Page 234 6 Western Australia Name of legislation Legal Aid Commission Act 1976 and Regulations Agency J Major restrictions Review activity Reform activity The Government endorsed the review recommendation that the restrictions in the Act, as it will be amended by the Bill, should be retained. The review identified four Review completed. The review found that restrictions in the Act as it will be each of the restrictions is in the public amended by the Bill, all classified interest and should be retained. as minor: • prescribed composition of the Legal Aid Commission; • power and recognition given to the Law Society of WA (Inc); • prescribed qualifications of public assessor; and • prescribed rate of interest payable on money owed to Legal Aid Commission. Legal Practitioners Act 1893 and Rules J Licensing, registration, entry requirements, reservation of title, reservation of practice, disciplinary processes, business conduct (including monopoly professional indemnity insurance, trust accounts, fees, advertising), and competitive neutrality. Licensing, entry requirements (competency - education and experience, age, good fame and character, continuing professional development), the reservation of title and practice, disciplinary processes, business conduct (including professional indemnity insurance). Licensing. Departmental review underway. Consultation involved establishing consultative group, releasing an issues paper (June 2000) and seeking submissions (by August 2000). Licensed Surveyors Act 1909 and Regulations PI Review, in conjunction with the Strata Titles Act 1985, completed in November 1998. Recommendations included recomposing the board, clarifying entry standards, and retaining restrictions on professional indemnity insurance. The Government endorsed the review recommendations. Amendments to the Act will be progressed via the Acts Amendment and Repeal (Competition Policy) Bill. Lights (Navigation Protection) PI Act 1930 Act to be repealed. Page 235 Legislation Review Compendium Name of legislation Agency Major restrictions Contains a public needs test. (s38 requires the licencing authorities to have regard to the number and condition and distribution and services provided by existing licensed premises in the affected area.) Also, differential hours for hotels and liquor stores with the latter prohibited from opening on Sundays. Review activity Review completed in March 2001. Recommended that the public needs test should be replaced by a public interest test. This public interest criteria should include reference to the likely effect on competition in the liquor market but not on individual competitors to enable identification of important but otherwise undisclosed public interest matters, i.e. outlet density and propensity for harm and ill heath. Review also recommended that trading hours for liquor stores and hotels be similar including on Sundays. Review not required. Reform activity Liquor Licensing Act 1988 and RGL Regulations Local Government LG (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 Local Government Act 1995 LG Competitive neutrality, differential treatment, and single industry superannuation scheme for employees. The Government is currently developing a Bill to replace the Act. Bill to be examined under gatekeeper provisions. Review completed. Concluded that requirement for local governments to participate in a single industry superannuation scheme is inappropriate. Exemption of Cooperative Bulk Handling from rates found to be potentially anticompetitive. Matter to be considered in conjunction with the Bulk Handling Act 1967. Local Government Draft Model LG By-Laws Review not required. Page 236 6 Western Australia Name of legislation Agency Major restrictions Review activity Reform activity Legislation retained without reform. Lotteries Commission Act 1990 RGL and Rules and Regulations Lotteries Commission Regulations 1991; Lotteries Commission: (Super 66) Rules 1996; (Powerball Lotto) Rules 1996; (Saturday Lotto) Rules 1996; (Oz Lotto) Rules 1996; (Instant Lottery) Rules 1996; and (Soccer Pools) Rules 1996 Allowing the Lotteries Review completed in 1997. Recommended Commission (the Commission) to retention of restrictions. enter into agreements with other State lotteries agencies for the purposes of jointly conducting Lotto and Soccer Pools. Allowing the Commission to use trading names and symbols. Allowing the Commission to obtain permits directly from the Minister. Making it an offence for a person, without the approval of the Commission, to derive a fee or reward for promoting or forming a syndicate to purchase a ticket in a game conducted by the Commission. Allowing the Commission to enjoy the status, immunities and privileges of the Crown. Review by independent consultant completed. Review by independent consultant completed. Competitive neutrality. Designed to regulate the safety and pilotage requirements for ships in WA. Review completed in 1999. Review by an independent consultant completed. Marine (Hire and Drive Vessels) Regulations 1983 Marine Act 1982 PI PI Marine and Harbours Act 1981 PI and Regulations Maritime Services Bill PI Act to be repealed. When enacted, the Bill will replace several pieces of maritime legislation. The Government is considering the review recommendations. The Bill likely to be introduced into the Parliament in 2001. Page 237 Legislation Review Compendium Name of legislation Marketing of Eggs Act 1945 Agency Ag Major restrictions Review activity Reform activity Prohibits sale of eggs to persons Review underway. other than the WA Egg Marketing Board unless under certain exemptions. Producers must be licensed and transfer of licences prohibited without written permission of the Board. Marketing of Meat Act 1946 and Regulations Marketing of Potatoes Act 1946 and Regulations Ag Ag Review not required. Prohibits sale for domestic Review underway. consumption of potatoes to persons other than the WA Potato Marketing Corporation unless under certain exemptions. Producers must hold entitlements allocated by the Corporation. Act repealed in mid 1999. Meat Transport Regulations 1969 Medical Act 1894 DH DH Restrictions on entry, registration, title, practice, advertising and disciplinary provisions. Review underway. Review underway. Draft report released in October 1999. Recommendations included removing reserved practice, limiting the reservation on title, changing the disciplinary system and introducing new advertising restrictions. Legislation repealed and replaced. Replacement legislation to be reviewed. Review completed. Review concluded that restrictions are in the public interest and should be retained. Mental Health (Administration) DH Regulations 1965 Mental Health (Consequential) DH Provisions Act 1996 Licensing. Licensing. Page 238 6 Western Australia Name of legislation Mental Health (Transitional) Regulations 1997 Mental Health (Treatment Fees) Regulations 1992 Mental Health Act 1962 Mental Health Act 1996 Agency DH Major restrictions Review activity Review completed. Review concluded that restrictions in the replacement legislation are in the public interest. Reform activity DH DH DH Licensing. Licensing, and differential treatment. Licensing, and differential treatment. Review completed. Legislation replaced. Replacement legislation to be reviewed. Act repealed and replaced by the Mental Health Act 1996. Review completed in December 2000. The review found that the restrictions safeguard the welfare of patients with mental illnesses, comply with international obligations and promote high and consistent standards in mental health care, leading to increased public confidence in the system. The review concluded that the restrictions are in the public interest and should be retained. Review completed. Review concluded restrictions are in the public interest. Legislation to be repealed. Mental Health Regulations 1997 DH Licensing. Metropolitan (Perth) Passenger PI Transport Trust Act 1957 and Regulations Mining Act 1978 and Regulations 1981 DMPR Establishes licensing regime for exploration and development of minerals. Review completed. Review found restrictions necessary for orderly exploitation of mineral resources, minimising land use conflict, protecting third-party rights, minimising environmental impacts and promoting efficiency. Review underway. The Government accepted the review recommendations. Morley Shopping Centre DIT Redevelopment Agreement Act 1992 Page 239 Legislation Review Compendium Name of legislation Motor Vehicle (Third Party Insurance) Act 1943 Agency IC Major restrictions Review activity Reform activity The Government endorsed the review recommendations. Drafting instructions are being prepared to include the recommended amendments in the proposed Acts Amendment (Competition Policy) Bill 2001. Mandatory insurance, monopoly Review completed in 2000. The review insurer, and centralised premium found mandatory insurance and price setting. restrictions give rise to net public benefits (ensuring injured parties are compensated, reducing costly private legal action, lowering transactions costs, lowering costs of insurance, and increasing the proportion of claims' payments retained by claimants). No less restrictive means of achieving the objectives were found. The review found that monopoly provisions do not offer sufficient public benefit to justify their retention, and recommended the restrictions should be removed. Licensing (motor vehicle dealers, yard managers, car market operators and sales persons), entry requirements (dealers must be solvent and understand their obligations under the Act, yard managers must complete a fourday course), business conduct (statutory warranties on used vehicles), and power to the Motor Vehicle Licensing Board to set standards for premises. Licensing, entry requirements (competency, aged at least 21 years, good character, fit and proper person, may require test or course), the reservation of practice (teach for reward), and business conduct (dual control vehicle, regulations may make provisions for displaying identification). Review completed in 1997. Recommended: retaining restrictions on licensing for motor vehicle dealers and yard managers; retaining statutory warranties for used vehicles; repealing restrictions on licensing for car market operators and salespersons; and repealing the power of the Motor Vehicle Licensing Board to set standards for premises. Motor Vehicle Dealers Act 1973 and Regulations DCEP The Government endorsed the review recommendations. Amending legislation being drafted to implement review recommendations. Motor Vehicle Drivers Instructors Act 1963 PI Review under consideration. Page 240 6 Western Australia Name of legislation Murdoch University Act 1973 Agency DES Major restrictions Competitive neutrality, and market power. Review activity Reform activity Review by officials completed in 1998, The Government endorsed the review recommending that investment provisions recommendations. Amendments being be consistent between universities. proposed via the Acts Amendment and Repeal (Competition Policy) Bill. National review completed in July 1998. Review not required. Act repealed and replaced by the North West Gas Development (Woodside) Agreement Amendment Act 1994. Act retained without reform in view of sovereign risk implications of unilateral amendment or repeal. Act to be repealed. Mutual Recognition (Western Australia) Act 1995 North West Gas Development (Woodside) Agreement Act 1979 North West Gas Development (Woodside) Agreement Amendment Act 1994 Northern Developments (Ord River) Pty Ltd Agreement Act 1960 Northern Developments Pty Ltd Agreement Act 1957 Northern Developments Pty Ltd Agreement Act 1969 Nurses Act 1992 P&C DMPR DMPR Differential treatment. Review completed in 1998. LA Differential treatment. LA LA DH Differential treatment. Differential treatment. Restrictions on entry, registration, title, practice, and disciplinary provisions. Restrictions on entry, registration, title, practice, and disciplinary provisions. Licensing. Licensing. Review underway. Act to be repealed. Act to be repealed. Occupational Therapists Registration Act 1980 Offensive Trades (Fees) Regulations 1976 Optical Dispensers Act 1966 DH Review underway. DH DH Review underway. Review underway. Page 241 Legislation Review Compendium Name of legislation Optometrists Act 1940 Agency DH Major restrictions Restrictions on entry, registration, title, practice, advertising and disciplinary provisions. Review activity Review underway. Reform activity Osteopaths Act 1997 DH Restrictions on entry, Review completed in 1997 and reforms registration, title, and disciplinary recommended. provisions. Licensing and registration (for persons carrying on a painting business in their own right and not as employees and for painting valued greater than $200), entry requirements (degree/apprenticeship/ experience and exams, age, good character), the reservation of title and practice, disciplinary processes, and business licensing. Review completed in 1998. Review concluded that the current system of mandatory licensing is too restrictive and should be removed. The review recommended a certification scheme be developed to allow consumers to readily identify painters who possess particular skills. It also recommended negative licensing to support a certification system, allowing for the removal from the industry of persons who do not adhere to basic standards of commercial conduct. These changes will reduce business costs but will still enable some control of the industry and certainty for consumers. Review underway. Amendments being drafted in the Acts Amendment and Repeal (Competition Policy) Bill. The Government endorsed the review recommendations. Painters Registration Act 1961 DCEP Pathology Centre Notice and Directions 1995 DH Market power. Page 242 6 Western Australia Name of legislation Agency Major restrictions Licensing (pawnbrokers, secondhand dealers for not exempt goods), registration, entry requirements (good character, fit and proper person - that is, adequate management, supervision and control of business operations, and no conviction of dishonesty, fraud, or stealing offence in past five years), the reservation of practice, disciplinary processes, and business conduct (pawnbrokers: prescribed records, computer records, notification of pawner of surplus of proceeds of sale; second-hand dealers: prescribed records, holding of goods for prescribed period, requirement that seller provide identification, cooperation with police). Licensing of pearling and hatcheries. Minimum quota holding for pearling licences. Hatchery licensees must also hold pearling licence. Wildstock quota. Hatchery quota. Hatchery sales to other than Australian industry prohibited. Review activity Reform activity Pawnbrokers and Second-hand Po Dealers Act 1994 and Regulations Review by the WA Police Service completed The Government endorsed the review in 1999. Consultation involved when recommendations. developing legislation. No public consultation during review. Review recommended: retaining the current licensing provisions on the understanding that they may be modified following future review; conducting a further review after the current legislation had been in operation for an additional three years; and examining alternative approaches, including those likely to be introduced in other States. Pearling Act 1990 and Regulations Fish Review completed in 1998. It recommended: • removing minimum quota holdings; • decoupling pearl farming licences from pearl fishing licences; • auctioning wildstock quotas; • removing hatchery quotas; • codifying in regulation criteria for fishery management decisions; and • establishing an independent review tribunal. The Government is consulting on the recommendations before determining its response. Page 243 Legislation Review Compendium Name of legislation Perth Market Act 1926 and Regulations Agency Ag Major restrictions Licensing, and differential treatment. Licensing, and differential treatment. Review activity Review underway. Consultation involved public advertisement and calling for submissions in June 2000. Reviewed as new legislation. Reform activity Perth Parking Management Bill PI 1998 Bill removes discriminatory treatment of Council and private parking providers, licenses and limits parking places in Perth Central Business District. Public benefits are reduced Central Business District congestion and improved air quality. The Government approved on 18 May 1998. Assented to on 19 May 1999. Perth Theatre Trust Act 1979 PTT Competitive neutrality. Regulates exploration for and development of undersea petroleum resources. This legislation forms part of a national scheme. Review underway. Interagency consultation. National review completed in 1999-2000. Endorsed by Australian and New Zealand Mineral and Energy Council (ANZMEC) Ministers. Amendments to be developed by the Commonwealth and subsequently reflected in State and Territory legislation. Petroleum (Submerged Lands) DMPR Act 1982 and Regulations Petroleum Act 1967 DMPR Regulates onshore exploration for Review to be conducted after outcome of and development of petroleum the Petroleum and Submerged Land Act is reserves. finalised. Regulates construction and operation of petroleum pipelines in WA. Market power. Review completed. Common carrier provisions to be considered following the Petroleum and Submerged Land Act review. Review underway. Minor amendments to follow. Petroleum Pipelines Act 1969 and Regulations DMPR Petroleum Products Subsidy Act 1965 and Regulations OE Page 244 6 Western Australia Name of legislation Pharmacy Act 1964 Agency DH Major restrictions Restrictions on entry, registration, title, practice, advertising, business, ownership, licensing, residence, and disciplinary provisions. Review activity National Review of Pharmacy Regulation (Wilkinson Review) completed in February 2000. The review recommended retaining registration, the protection of title, practice restrictions and disciplinary systems (although with minor changes to the registration systems recommended for individual jurisdictions). Further, the review recommended maintaining existing ownership restrictions, and removing business licensing restrictions. Review underway. Issues paper released in October 1998. Review by officials completed in 1997. It recommended: • changes to ensure that funds from compulsory levies are used only for services of a public good nature; and • retaining the power of the Minister to levy growers. Review underway. Reform activity Council of Australian Governments (CoAG) referred the Wilkinson Review to a senior officials' working party. The senior officials' recommendations are being considered by CoAG. Physiotherapists Act 1950 DH Restrictions on entry, registration, title, practice, and disciplinary provisions. Ministerial discretion over allocation of funds raised compulsorily for scientific research. Minister may levy growers to fund services to the pig industry including compensation and disease control programs. Pig Industry Compensation Act Ag 1942 Piggeries Regulations 1952 DH Controls land use via town planning schemes. Planning legislation: Town PI Planning and Development Act 1928, Western Australian Planning Commission Act 1985, and Metropolitan Region Town Planning Scheme Act 1959 Review underway. Legislation (the Town Planning and Development Act 1928, the Western Australian Planning Commission Act 1985, and the Metropolitan Region Town Planning Scheme Act 1959) consolidated into the Urban and Regional Planning Bill 2000. A review of the Bill has been drafted for consideration by the Minister for Planning. Page 245 Legislation Review Compendium Name of legislation Agency Major restrictions Power of Minister to impose levies and Ministerial discretion over application of funds. Review activity Review by officials completed in 1997. It recommended amending the Act to ensure that levies fund only services that are of a sufficiently public good nature and that have been assessed as in accordance with a benefit cost methodology. Review completed. Reform activity Plant Pests and Diseases Ag (Eradication) Fund Act 1996 (previously the Skeleton Weed and Resistant Grain Insects (Eradication Funds) Act 1974) Podiatrists Registration Act 1984 DH Restrictions on entry, registration, title, practice, and disciplinary provisions. Licensing. The Regulations enable a Canteen to sell liquor under terms and conditions that are not subject to the requirements of the Liquor Licensing Act 1988, and therefore discriminate in favour of the Canteen over competing businesses in the private sector. Amendments being drafted as part of new health practitioners legislation. Poisons Act 1964, and Poisons DH Amendments Act 1996 Police Force Canteen Regulations 1988 Po Part of Galbally Review. Final review report under consideration by AHMAC. Review completed in 1998. Review The Government endorsed the review concluded the effect of the restriction is to recommendations. Minor amendments enable the Canteen more flexibility in its to the Act required. operations than would be afforded to a private sector operator. Recommended that as the restrictions have a minimal impact and cannot be justified in the public interest, and thus the report concluded that the advantages should be removed. As there is no canteen operating at the moment, the report recommends that the removal of the restriction be addressed following the review of the Liquor Licensing Act. If a canteen is established before the review is completed, the review recommends that the canteen voluntarily comply with the Act. Page 246 6 Western Australia Name of legislation Port Authorities Act 1998 Agency PI Major restrictions Imposes accountability and ownership requirements, together with safety and public interest controls. Restrictions include exemptions from planning and building requirements; public sector management provisions; accountability provisions; requirements for Ministerial approval; consultation and borrowing limits provisions; pilotage provisions; and licensing provisions. Restrictions on market entry and conduct. Competitive neutrality. Restrictions on market entry and conduct. Restrictions on market conduct. Review activity Reform activity Review completed in 1997. Review New Act following the review of ports concluded that the objectives of the instruments assented to on 29 June legislation could not be achieved by 1999. alternative means other than through the licensing restrictions. Act repeals individual port Acts. Port Hedland Port Authority Act 1970 and Regulations Port Kennedy Development Agreement Act 1992 Ports (Model Pilotage) Regulations 1994 Ports Functions Act 1993 PI PI PI PI Act repealed and replaced by the generic Port Authorities Act 1998. Act repealed and replaced by the generic Port Authorities Act 1998. Act repealed and replaced by the generic Port Authorities Act 1998. Act retained without reform. Potato Growing Industry Trust Ag Fund Act 1947 Power to raise a compulsory levy Review by officials completed. It on the sale of potatoes for the recommended retaining the restriction. purposes of disease control and providing compensation to growers in the event of a disease outbreak. Page 247 Legislation Review Compendium Name of legislation Poultry Industry (Trust Fund) Act 1948 Agency Ag Major restrictions Review activity Reform activity Amendments to be made in accordance with the review recommendations. Power of the Poultry Industry Review by officials completed in 1997. It Trust Fund Committee to impose recommended: levies. • amending the legislation to ensure that Financial assistance from the levies fund only services that are of a Trust Fund to the Poultry Farmers sufficiently public good nature and that Association. have been subject to a benefit cost analysis; • replacing the compulsory levy to fund the Poultry Farmers Association with a voluntary levy; and • retaining the levy raising power. Poultry Processing Establishments Regulations 1973 Professional Standards Act 1997 DH Review by officials underway. J Provides for limiting liability for persons who are members of prescribed associations. Restrictions on entry, registration, title, practice, and disciplinary provisions. Departmental review completed in 1998. No public consultation. Review recommended retaining restriction on competition. Review underway. Issues paper released in October 1998. The Government endorsed the review recommendations in July 1999. Act retained without reform. Psychologists Registration Act DH 1976 Page 248 6 Western Australia Name of legislation Public Works Act 1902 Agency HW Major restrictions Review activity Reform activity Four restrictions all of which are Review completed. The review classified The Government endorsed the review related to competitive neutrality: restrictions as minor, as their economic recommendations. effects are insignificant and they are used • financial provisions and powers to facilitate public works, the wider public which potentially allow the WA benefit of which have already been Building Management assessed. The costs and loss of flexibility Authority to access avenues of associated with more stringent definition of credit unavailable to private the projects to which the provisions may firms in competing commercial apply were found to outweigh the minimal activities; benefit that might accrue. The extension of • powers of entry on to land for relevant powers to the private sector, in certain cases, was considered. However, the purposes of public works which may lead to cost savings given the negligible current involvement of the private sector in providing public deriving from not having to infrastructure in WA, such reform is not secure rights of access from landowners - such savings are considered justified. Recommended not available to private firms; retaining the restrictions. • powers to close roads or streets which may reduce the cost of works through not having to provide for access or protect the safety of road users in the vicinity of works a right not available to private firms; and • exemptions from local building regulations (except public health regulations) which may provide cost advantages over firms which have to comply with local regulations. Queen Elizabeth II Medical Centre (Delegated Site) Bylaws 1986 DH Market power. Review underway. Page 249 Legislation Review Compendium Name of legislation Racing Restrictions Act 1917 Agency RGL Major restrictions Licensing, and differential treatment. Review activity Review completed in 1998. Recommended limiting the authority of the WA Turf Club to thoroughbred racing and providing for licensing of other forms of horse racing where in the public interest. It recommended retaining the centralised control of horse racing and trotting with the industry bodies. Reform activity The Government endorsed the review recommendations. To be amended via the Acts Amendment Repeal (Competition Policy) Bill. Racing Restrictions Act 1927 RGL Prevents the use of 'mechanical Review complete in 1999. Review devices' in races for other than recommended repeal of the Act. horses. It aimed to prevent the introduction of greyhound racing. Licensing. National review completed. Act to be repealed via the Acts Amendment and Repeal (Competition Policy) Bill. Radiation Safety Act 1975, DH Radiation Safety (General) Regulations 1983-1999, Radiation Safety (Transport of Radioactive Substances) Regulations 1980-1999, and Radiation Safety (Qualifications) Regulations 1980-1999 Page 250 6 Western Australia Name of legislation Rates and Charges (Rebates and Deferments) Act 1992 Agency TF Major restrictions The restrictions identified refer to the differential treatment afforded pensioners and other eligible persons with respect to certain amounts payable by way of rates and charges. The legislation, in effect, discriminates in favour of pensioners and other eligible persons. Review activity Reform activity Review completed in 1998. It concluded The Government endorsed the review that the effects of the restrictions on recommendations. Act retained without competition are minimal. Only a very small reform. group of eligible persons could potentially obtain a competitive advantage from the differential treatment received, and where such advantage occurred it would be minor. On the other hand, the removal of pensioner rebates and deferments in respect of rates and charges would have a significant impact on the standard of living of pensioners and other eligible persons. An alternative to the way in which the State Revenue Department administered rebates and deferments to eligible persons was considered. However, it was concluded that this alternative would result in greater administrative cost than the present scheme and therefore would not be in the public interest. Recommended that all of the restrictive elements of the legislation should be retained on public interest grounds. Page 251 Legislation Review Compendium Name of legislation Real Estate and Business Agents Act 1978 and Regulations Agency DCEP Major restrictions Review activity Reform activity Licensing (agent's licence, sales Departmental review underway. Discussion Maximum fees removed in 1998. representative's certificate), paper released in April 1999. Draft report registration, entry requirements being finalised. (aged over 18 years, good character, fit and proper person (including having done prescribed courses, understands duties and obligations under Act), for agent, sufficient material and financial resources), the reservation of practice, disciplinary processes, business conduct (branch office/s require separate manager/s, supervision and control, records, trust accounts, audit, code of conduct, advertising, fidelity fund), and business licensing. Review underway. Submissions to be sought from Commissions and local government. Monday to Saturday trading hours regulated. Sunday trading hours limited and prohibited outside tourism zones. No restrictions above the 26th parallel. An Industry Reference Group (IRG) report was completed in 1999. The Reference Group's charter was to seek public submissions and to make recommendations to the Minister. Following the Minister's consideration of the IRG report, the Department is now finalising the NCP report on the Retail Trading Hours Act 1987. Review underway. The Retirement Villages Reference Group produced a discussion paper and responses were obtained from retirement village residents and associations. Regional Development Commissions Act 1993 LG Retail Trading Hours Act 1987 DCEP and Regulations Retirement Villages Act 1992, Regulations and Code of Practice DCEP Page 252 6 Western Australia Name of legislation Rottnest Island Authority Act 1987 Agency RIA Major restrictions Restrictions on: • • • Review activity Reform activity • • • • • Review completed in 1998. The review Minor amendments under consideration. found that generally the restrictions on the membership of the competition are necessary to achieve the Authority; objectives of the legislation. The objectives of the legislation are expressly to preserve access to facilities on the the character of the island, to protect the island is limited; environment and to ensure that Rottnest is the Authority has the power to accessible as an affordable holiday grant leases and licences on destination. The review recommended the island; retaining the restrictions on public benefit grounds with the exception of the the Authority is prohibited restriction prescribing the knowledge and from selling any land on experience necessary for appointment as a Rottnest; member of the authority which is to be the Authority is prevented removed. The continued need for a from allowing anyone to Management Plan for Rottnest should be remove any flora, fauna, rock, considered in the context of any stone or soil from the island Government wide review of the use of for any commercial purposes; Management Plans in the management of A-class reserves and the restriction on limitation on development and competition relating to access to facilities provision of accommodation; and the requirement for revenue to at least equal expenditure and application of net requirement for a profits are to be considered in the management plan; Authority's competitive neutrality review. Enforcement Powers of Rangers; • Requirement for revenue to at least equal expenditure and application of net profits; • Building work to be approved by the Authority; and • control of certain activities on Rottnest. Page 253 Legislation Review Compendium Name of legislation Agency Major restrictions Differential treatment. Review activity Review not required. Reform activity Act repealed and replaced by the Rural Business Development Corporation Act 2000. Rural Adjustment and Finance Ag Corporation Act 1993 Rural Housing Bill CHA Differential treatment of the Authority compared with similar private sector institutions (Sections 5,11,16,17); and differential treatment of customers based on location, occupation or type of business (Sections 18-26). Caps the quantity of naturallyoccurring sandalwood harvested from Crown and private land. Licensing the harvesting of sandalwood. Individual licences capped at 10 per cent of the total limit. Competitive neutrality. Licensing. Review completed in 1998. It classified the Changed name to Country Housing Act restrictions as minor and in the public 1997. interest. Sandalwood Act 1929 and Regulations FPC Review completed. It recommended retaining the overall cap on the quantity sandalwood harvested while removing the restriction on the proportion of the annual sandalwood harvest that may be taken from private land. Amendments being progressed via Act Amendment and Repeal (Competition Policy) Bill. Secret Harbour Management Trust Act 1984 Securities Agents Act 1976 and Regulations PI J Act to be repealed. Act repealed and replaced by the Security and Related Activities (Control) Act 1996. Review by WA Police Service completed. The Government endorsed the review Review involved no consultation. The recommendation in 2000. review concluded the security and related industries need statutory control to ensure high standards and to instill public confidence, especially in the area of crowd control. The review concluded that the legislation is effective and provides the necessary controls to maintain and improve the industry. Security and Related Activities Po (Control) Act 1996 Licensing (security and inquiry activities), registration, entry requirements (training, character, possible medical exam for security officers), the reservation of practice, and business conduct (operating restrictions, no advertise unless licensed), business licensing. Page 254 6 Western Australia Name of legislation Seeds Act 1981 and Regulations Settlements Agents Act 1981 and Regulations Agency Ag DCEP Major restrictions Review activity Review not required. Reform activity Legislation to be repealed. Licensing, entry requirements (qualifications, two years experience, age, good character, fit and proper person, material and financial resources, resident in WA), the reservation of practice, business conduct (supervision, trust accounts, maximum fees, professional indemnity insurance, fidelity fund), and business licensing. Governs pilotage services (licensing, competitive neutrality issues). Differential treatment of businesses. Differential treatment. Departmental review underway. A discussion paper was sent to industry participants and the Consumer Association of WA. Consultation was conducted through a reference group comprising industry, the Settlement Agents Board and consumer representatives. Shipping and Pilotage Act 1967 and Regulations Small Business Development Corporation Act 1983 PI Act to be repealed. SBDC Review completed. Review found the The Government endorsed the review effects of the restrictions on competition to recommendations. Act retained without have no practical importance. reform. Review not required. Act to be repealed. Legislation retained without reform. Small Business Guarantees Act SBDC 1984 and Regulations Soil and Land Conservation Act 1945 and Regulations Ag Market power. Soil conservation Review completed. notices, rates and service charges, clearing controls, and 90 day notice to clear or drain land. Licensing. Licensing. Review completed in 1998. Review not required. South Fremantle Oil HW Installations Pipeline Act 1948 State Employment and Skills Development Authority Act 1990 and Regulations State Superannuation Act 2000 DT Act retained without reform. Act repealed and replaced by the Vocational Education and Training Act 1996. GESB Limits on choice of fund managers. Review underway. Page 255 Legislation Review Compendium Name of legislation State Supply Commission Act 1985 and Regulations State Trading Concerns Act 1916 Agency HW TF Major restrictions Differential treatment. The Act prohibits the Government from entering into or establishing any trading concern, except where the entity has been established under specific enabling legislation; has been established as a 'trading concern' under the Act; or is a department and has been authorised by the Treasurer under the Act to generate revenue from specified activities. Differential treatment of directors. Review activity Reform activity Minor amendment being progressed. Review completed in 1998. It concluded The Government endorsed the review that while the legislation restricts the recommendations. Act retained without freedom with which government agencies reform. can enter markets for goods and services it also reduces the risk that Government will become involved in inappropriate ventures. Recommended the restriction be retained. Statutory Corporations (Liability of Directors) Act 1996 J Review not required. Assessment of the Act retained without reform. effects of the potential restriction indicated that it does not give rise to significant costs or benefits. In view of this the Act was considered to not give rise to a restriction on competition. The 1998 amendments impose similar constraints on directors of statutory corporations as apply to private corporations, and therefore does not give rise to restrictions on competition. Act to be repealed. Stipendiary Magistrates Act 1957 Stock (Identification and Movement) Act 1970 J Ag Branding of human food and fibre Review by officials completed. It found producing animals. some scope for easing restrictions on horse Documentation when moving owners. stock. Restricts importation of stock on grounds of disease control. Requires stockholders to control and notify of diseases. Review by officials completed. It recommended no change. Stock Disease (Regulations) Act 1968 Ag Page 256 6 Western Australia Name of legislation Strata Titles Act 1985 and Regulations Agency LA Major restrictions Only licensed surveyors can 'certify' a strata plan, surveystrata plan, or notice of resolution where a strata company is requesting a conversion from a strata scheme to a survey-strata scheme. Licensing. • redevelopment control of the area; Review activity Review, in conjunction with the Licensed Surveyors Act 1909, completed in 1998. Review concluded restrictions are in the public interest and should be retained. Reform activity The Government endorsed the review recommendation. Street Collections Regulation Act 1940 and Regulations Subiaco Redevelopment Act 1994 DCEP PI Legislation to be repealed and replaced by the Public Collections Bill. Review completed in 1997. The report has The Government endorsed the review found that effects of the restrictions on recommendations. Act retained without competition are relatively minor. The report reform. • the compulsory taking of land; concluded that the restrictive elements of the legislation need to be retained to • subdivision approval from Minister rather than the State achieve the objectives of the Act. The report also finds that there would be Planning Commission; and substantial costs associated with removing • Treasurer's guarantee of loans. the restrictions, particularly at this stage of the Authority's work. There are no acceptable alternatives to achieving the objectives of the three restrictions relating to the powers of the Authority. The powers are necessary to remedy the existing environmental problems and achieve redevelopment consistent with the vision for the area. At this stage of the Authority's activities, it would not be feasible to modify the regulatory framework. The restrictions relating to the internal running of the Authority stem from the Authority's status as a government agency and therefore cannot be removed. Recommended retaining the restrictions on the grounds of public interest. Page 257 Legislation Review Compendium Name of legislation Suitors Fund Act 1964 Agency J Major restrictions Differential treatment of large companies and Crown Agencies. Review activity Reform activity Review completed in 1997. The review The Government endorsed the review noted that all litigants are required to recommendations. Amendments to be contribute to a fund which is used to defray made to the Act. legal costs where a court decision is reversed on a 'point of law' appeal or where the proceedings are aborted. However, companies with a paid up capital of $200 000 or more and Crown agencies are barred from access to the Fund to recover such legal costs. Recommended removing the bar on companies with paid up capital of $200,000 or more. Swan River Trust Act 1988 and WRC Regulations Licensing. Limitations on Review completed in January 2000. Review The Government endorsed the review development activity that can be recommended restrictions be retained. recommendation that restrictions be undertaken in the area under the retained on 14 August 2000. control of the Swan River Trust; and limitations on nondevelopment activity (including advertising) that can be undertaken in the area under the control of the Swan River Trust. Limitation on number of taxi licences. Review completed in August 1999. Recommended removal of all licence number restrictions, buy-back of existing licences at full market value, and limit in new licence issues to 20 per cent per annum. Tenders called for release of a limited number of restricted (peak period and wheelchair accessible taxi) licences. Ministerial Advisory Committee established to recommend on a feasible mechanism for licence buy-backs. Taxi Act 1994 and Regulations, and Amendment Regulations 1997 PI Page 258 6 Western Australia Name of legislation Texas Company (Australasia) Limited (Private) Act 1928 Agency HW Major restrictions The Act define the relationships, rights and duties of oil companies, local government authorities and the Minister for Works in relation to the construction, operation and maintenance of pipelines on public lands. These duties and powers of the State and local governments constitute restrictions on the commercial activities of the oil companies. Review activity Reform activity Review completed in 1998. It considered The Government endorsed the review the restrictions do not impose significant recommendations. Act retained without costs on the oil companies, or cost reform. advantages or disadvantages on particular oil companies that are of sufficient magnitude to affect competition between the companies. The public benefits of restrictions were assessed to be: minor cost savings in management of municipal infrastructure from coordination in planning, construction and maintenance of municipal infrastructure and oil facilities; minimising public inconvenience during construction and maintenance activities on public land; and ensuring proper restoration of municipal infrastructure where this has been disturbed due to construction or maintenance activities by the oil companies. It concluded that due to the potential public benefits and the absence of significant costs or effects on competition, the restrictions arising from the legislation are either in the public interest due to current or potential future benefits, or have no current or potential future impact. Review underway. Tobacco Control Act 1990 DH Differential treatment, and licensing. Page 259 Legislation Review Compendium Name of legislation Totalisator Agency Board Betting Act 1960 and Rules and Regulations Agency RGL Major restrictions Restrictions on events and prescription of circumstances under which betting may occur; restrictions on persons and organisations able to conduct betting; constraints and costs imposed on bookmakers and operators of totalisators generally; constraints and costs imposed on racing clubs, authorities controlling racecourses and owners/occupiers of premises; constraints and costs imposed on punters; constraints and costs imposed specifically on the TAB: and competitive neutrality of the TAB. Review activity Review, in conjunction with the Betting Control Act 1954, completed in 1998. Reform activity The Government endorsed the review recommendations. Recommendations are being implemented via the Betting Of the 42 restrictions analysed in the Legislation Amendment Bill 2001 and review, the legislative provisions pertaining the Acts Amendment and Repeal to 20 restrictions were recommended for (Competition Policy) Bill. repeal or amendment including: • relaxing restrictions on the operation of totalisators other than by the TAB; • relaxing restrictions on bookmakers and their operations; • removing limits on bets in the regulations, leaving the racing clubs to set limits as they see fit; and • relaxing some restrictions on the operations of the TAB. The legislative provisions giving rise to the remaining restrictions were assessed as being in the public interest and recommended for retention. Transport Co-ordination Act 1966 and Regulations PI Restrictions relate to provisions for the Minister to borrow funds and make payment of subsidies to providers of transport services. Also included are a range of provisions, powers and requirements related to the licensing of vehicles used for commercial purposes and the regulation of transport services provided by these vehicles. Review completed. The review recommended: removal of provisions relating to the licensing of ships engaged in coastal trade; removing general requirements for public vehicles (other than ships) to be licensed; and limiting licence fees to an amount sufficient to recover costs incurred in administering the relevant licence system and associated regulatory activities. The Government endorsed the review recommendations in November 2000. Airport movement tax being phased out over 3 years. Page 260 6 Western Australia Name of legislation Travel Agents Act 1985 and Regulations Agency DCEP Major restrictions Licensing and compulsory consumer compensation fund. Review activity National review underway (coordinated by WA). A final review report by the Centre for International Economics (CIE) was released in 2000. Public consultation involved release of issues paper, background paper, consultation and receiving submissions. Review recommended that entry qualifications for travel agents be removed and maintain compulsory insurance, but recommended the requirement for agents to hold membership of the Travel Compensation Fund, the compulsory insurance scheme, be dropped. Instead, a competitive insurance system where private insurers compete with the Travel Compensation Fund was viewed as the best option. Review completed in 1998. Recommended retention on limits on borrowings and loans, and lessening of barriers to entry. Reform activity Trustees Companies Act 1987 J Competitive neutrality, and licensing. Amendment deferred pending enactment of proposed national uniform trustee company laws, which are currently being reviewed by the secretariat of the Standing Committee of Attorneys General (SCAG). University Colleges Act 1926 DES Competitive neutrality, and market power. Review by officials completed 1998. The Government endorsed the review Concluded that the restrictions are in the recommendations. Act retained without public interest given the quality of pastoral reform. care provided to students by university colleges. Review underway. Review by officials completed in 1998. Recommended that investment provisions be consistent between universities. The Government endorsed the review recommendations. University Medical School Teaching Hospitals Act 1955 University of Notre Dame Australia Act 1989 DH DES Market power. Competitive neutrality, and market power. Page 261 Legislation Review Compendium Name of legislation Agency Major restrictions Competitive neutrality, and market power. Valuer-General powers and activities. Review activity Review by officials completed in 1998. Recommended that investment provisions be consistent between universities. Reform activity The Government endorsed the review recommendations. University of Western Australia DES Act 1911 Valuation of Land Act 1987 PI Review completed in 1998. Review The Government endorsed the review undertaken by intraagency committee. recommendations. Public consultation involved submissions following release of an information paper. Recommended less narrowly defined eligibility for the position of Valuer General (dropping requirement to be a member of the Australian Property Institute), removing restriction that any person making valuation for rating and taxing purposes must be licensed under Land Valuers Licensing Act, and encouraging greater flow of information for the purposes of making valuations. Review as part of the national review See the Agriculture and Veterinary completed in 1999. See the Agriculture and Chemicals (Control of Use) Act 1992 Veterinary Chemicals (Control of Use) Act (Victoria). 1992 (Victoria). Veterinary Preparations and Animal Feeding Stuffs Act 1976 Ag Premises and products to be registered, and restrictions on packaging and labeling. Minimum qualifications for analysts, advertising restrictions. Veterinary Surgeons Act 1960 Ag Licensing of veterinary surgeons and hospitals, reservation of practices, reservation of title, advertising restrictions, and controls on business names. Licensing. Registers training providers and accredits training courses. Review underway. Video Tape Classification and Control Act 1987 Vocational Education and Training Act 1996 J DT Act repealed and replaced by the Censorship Act 1996. Review by an independent consultant completed. Concluded that public benefits of restrictions outweigh costs. The Government endorsed the review recommendations. Act retained without reform. Page 262 6 Western Australia Name of legislation Water Services Coordination Act 1995 - Part 2 of 2: Water Services Coordination (Plumbers Licensing) Regulations 2000 Agency OWR Major restrictions Plumbers - licensing, registration, entry requirements (competency or six years experience and qualification, fit and proper, reservation of practice (either licensed or under supervision of licensed), and disciplinary processes. Review activity Reform activity Review of the Water Services Coordination The Government endorsed the review Amendment Act 1999 completed. Review recommendations. recommended retaining restrictions to prevent unlicensed persons performing plumbing work and maintaining the power of the Board to set licence conditions. Weights and Measures Act 1915 and Regulations DCEP Review underway. The Ministry of Fair Trading is planning to introduce new legislation in 2001 that will replicate the uniform legislation operating in other jurisdictions and thereby contribute to national consistency. A preliminary NCP assessment was completed on an earlier draft of the new Bill but will need to be revisited once a final Bill has been prepared. Differential treatment. Review completed. Review recommended removal from the WA Greyhound Racing Authority Act 1981 of the arbitrary limit on the number of meetings the WA Greyhound Racing Association may conduct. It also recommended that the provisions contained in the Act which establish centralised control of greyhound racing are in the public interest and should be retained. However, the establishment of an independent regulator should be considered if it is demonstrated that the Authority has improperly used its power to favour its racing activities. The Government endorsed the review recommendations. Recommendations are being implemented in the Acts Amendment and Repeal (Competition Policy) Bill. Western Australian Greyhound RGL Racing Authority Act 1981 Page 263 Legislation Review Compendium Name of legislation Western Australian Land Authority Act 1992 Agency WALA Major restrictions Review activity Reform activity The WA Land Authority's Review completed in 1997. Recommended: The Government endorsed the review exemption from rates and taxes. recommendations. The amendment Bill • the Authority be subject to a tax was passed on 6 July 2000. The Authority's power to equivalent regime and pay to the compulsorily acquire land. Treasurer an amount equivalent to all rates and taxes imposed on private land The requirement to seek predevelopers that the Authority is currently approval from the Minister on not obliged to pay; contracts. • removing the section of the Act allowing Restrictions on the Authority's the Authority's power to compulsorily retail activities in the higher end acquire land; of the residential land market. • amending that legislation to allow contracts to be agreed subject to Ministerial approval; and • exempting surplus public sector land assets and urban renewal projects from the restrictions on the Authority's retail activities in the higher end of the residential land market. Western Australian Marine (Hire and Drive Vessels) Regulations 1983 PI Licensing. Legislation to be repealed. Western Australian Marine Act PI 1982 Western Australian Meat Industry Authority Act 1976 Ag Licensing. Controls on abattoir capacity, controls on branding, and regulations of saleyards, abattoirs and processing works. Review by officials completed in 1998. It recommended: removing controls on abattoir capacity and regulation of saleyards; retaining controls on branding; and retaining regulation of abattoirs and processing works. Act to be repealed. Page 264 6 Western Australia Name of legislation Western Australian Product Symbols Act Agency HW Major restrictions The symbols are able to be used by eligible businesses free of charge and may present a slight advantage to WA businesses and products in home markets. Review activity Review completed. The review found that the symbols do not comprise a significant restriction in their own right, but due to their widespread success and recognition, they now influence consumer behaviour in WA. Their use may therefore confer a competitive advantage on qualifying businesses and products, which could potentially lead to an ability to charge marginally higher prices or obtain a higher market share. Alternatively, when viewed as a labeling mechanism, the symbols may do no more than provide consumers with the necessary information to purchase local products or support local business according to their inclination. The review noted some important spin-off benefits from the symbols in growing the WA economy and noted their popularity among consumers. The review concluded that, on the balance of probabilities, the benefits of the current model outweigh its minor costs and that the Act should be retained. Reform activity The Government endorsed the review recommendations. Western Australian Reproductive Technology Council (Nominating Bodies) Regulations 1992 and Directions DH Review deferred. Replacement legislation to be developed which will obviate the need for review. Page 265 Legislation Review Compendium Name of legislation Agency Major restrictions The Act provides an exemption to the Corporation from State duties, imposts or taxes. The amendment Bill weakened this restriction by removing the Corporation's outright exemption, but allows the Treasury to grant an exemption where it is considered to be in the public interest. The Act provides an exemption to the Corporation from State duties, imposts or taxes. The amendment Bill weakened this restriction by removing the Corporation's outright exemption, but allows the Treasury to grant an exemption where it is considered to be in the public interest. Imports Commonwealth Act into State jurisdiction. Review activity Reform activity Western Australian Treasury TF Corporation (Amendment) Bill 1997 Review completed. Review found that the The Government endorsed the review potential effects of the Treasurer using his recommendations. discretion to exempt the Corporation from certain taxes, duties or imposts were minor. The Treasurer is only likely to grant an exemption if the securities issued by the Corporation are at an unfair competitive disadvantage to securities issued by the Commonwealth and other government borrowers. Recommended retaining the restriction. Review completed in 1997. The review found that the potential effects of the Treasurer using his discretion to exempt the Corporation from certain taxes, duties or imposts were minor. The Treasurer is only likely to grant an exemption if the securities issued by the Corporation are at an unfair competitive disadvantage to securities issued by the Commonwealth and other government borrowers. Recommended retaining the restriction. The Government endorsed the review recommendations. Western Australian Treasury Corporation Act 1986 TF Wheat Marketing Act 1989 Ag Wild Cattle Nuisance Act 1871 Ag Regulates the destruction of wild Review by officials completed. It cattle. recommended repealing the Act as it is redundant. Review not required. Mandatory insurance, licensed insurers, and centralised premium setting. Review underway. Public advertisement and call for submissions was made 20 December 2000. Act to be repealed. Wildlife Conservation Act 1950 CALM Workers' Compensation and Rehabilitation Act 1981 WCRC Act to be repealed. Page 266