7 South Australia Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the South Australian legislation review timetable. AIS EH ETE HS IT J P&C PIR T&F TUPA WR Administrative and Information Services (Office for Government Enterprises) Environment and Heritage Education, Training and Employment Human Services Industry and Trade Justice (Attorney-General) Premier and Cabinet Primary Industries and Resources Treasury and Finance Transport, Urban Planning and the Arts Water Resources Page 267 Legislation Review Compendium Legislation review schedule: South Australia Updated to September 2001 Name of legislation Agency Major restrictions Restricts market conduct. Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Review activity Review completed in 1997. Reform activity Act to be repealed. Advances to Settlers Act 1930 T&F Agricultural and Veterinary Chemicals (South Australia) Act 1994 PIR 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). Agricultural Chemicals Act 1955 PIR Chemicals must be sold with Review completed in 2000. registered label. Use of chemicals must be as per label or Ministerial directions. Restricts market conduct. Barrier to market entry and restricts market conduct. Barrier to market entry and restricts market conduct. Review completed in 1999, recommending repeal. Review, in conjunction with the Soil Conservation and Land Care Act 1989, completed in 1997. Desktop review completed in September 1998. The Agricultural and Veterinary Chemicals Bill before Parliament. Agricultural Holdings Act 1891 PIR (The) Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 Apiaries Act 1931 PIR Legislation passed in April 2000 to repeal the Act. Amendments to be made under the Soil Conservation and Land Care (Amendment) Act. Act repealed by Schedule 2 Livestock Act 1997 and replaced by regulations under the Livestock Act 1997 and the Primary Industries Funding Schemes Act 1998. PIR Page 268 7 South Australia Name of legislation Architects Act 1939 Agency TUPA Major restrictions Registration, entry requirements, reservation of title, disciplinary processes, business conduct (including advertising accuracy), business licensing, and advertising restrictions. Review activity National review conducted by the Productivity Commission (PC) completed in August 2000, and publicly released in November 2000. (Previous State review completed, with results to be reconsidered following PC review outcomes). 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. Reform activity A States and Territories working group is developing a national response to the PC review. Outcomes of State review to be considered following decision on PC review. Australian Formula One Grand P&C Prix Act 1984 Barley Marketing Act 1993 PIR The Board is not subject to the same laws as private sector competitors. Established the former Australian Barley Board (ABB) and conferred on it a monopoly over the marketing of SA barley and oats. Review underway. Independent review, by the Centre for International Economics (CIE), completed in 1998, jointly with Victoria, recommending that SA: • remove the domestic barley marketing monopoly; Act amended in 1999 to remove monopoly on domestic barley and oats from 1 July 1999; and export barley from 1 July 2001. The Board was transferred into grower ownership on 1 July 1999. It has no regulatory powers. • retain the export barley marketing monopoly for only the 'shortest possible On 14 September 2000, the SA Minister transition period'; for Primary Industries announced that the SA Government would retain the • remove the oats marketing monopoly; export monopoly over barley, citing and economic modelling showing a net • restructure the ABB as a private grower- benefit arising from the export single desk. The Act was amended to retain owned company. the export monopoly beyond 1 July 2001 and to require a further review by December 2002. This review will be consistent with Competition Principles Agreement (CPA) clause 5 principles. Page 269 Legislation Review Compendium Name of legislation Benefit Associations Act 1958 Agency T&F Major restrictions Restricts market conduct. Review activity Desktop review completed in December 1999. The review found that the Act provided a net public benefit but recommended investigation of whether other existing legislation could be amended to encompass the consumer protection role provided by the Act. Desktop review completed in June 2000. Reform activity Branding of Pigs Act 1964 PIR Barrier to market entry and restricts market conduct. Barrier to market entry and restricts market conduct. Act to be repealed by Schedule 2 cl 1(b) of the Livestock Act 1997 when it is proclaimed. Act to be repealed by Schedule 2 cl 1(c) of the Livestock Act 1997 when it is proclaimed. The Government is considering the review recommendations. Brands Act 1933 PIR Desktop review completed in September 1998. Building Work Contractors Act J 1995 Licensing (building work Review completed. contractors), registration (building work supervisors), entry requirements (for contractors: qualifications, experience, sufficient business knowledge and experience and financial resources, fit and proper, not bankrupt within last ten years; for supervisor: qualifications and experience), the reservation of practice, disciplinary processes, and business conduct (written contracts, product or service standards, statutory warranty). SA Co-operative Bulk Handling Limited granted sole right to receive and deliver grain. Registration of business names. Review completed in 1998, recommending repeal. Desktop review completed in 1998. No reform recommended. Bulk Handling of Grain Act 1955 Business Names Act 1996 PIR Act repealed in 1998. J Page 270 7 South Australia Name of legislation Carriers Act 1891 (The) Casino Act 1997 Agency J T&F Major restrictions Restricts market conduct. Review activity Reform activity Review completed in 1999. Involved public Act repealed in 1999. consultation. Exclusive licence, and controls on Review completed in anticipation of the operations of licence holder. sale of the Casino. While not a National Competition Policy (NCP) review, it took into account social policy considerations. This review found that there were net public benefits associated with the probity and operational requirements of the Act. It also found that the single licence did not affect competition as it concluded the market would only support one operator. A further review of casino, gaming, the Totalizator Agency Board (TAB) and lotteries legislation (including new legislation, such as the Authorised Betting Operations Act) being undertaken in light of the PC work and the Council of Australian Governments’ (CoAG) announcements on gambling. Cattle Compensation Act 1939 PIR Barrier to market entry and restricts market conduct. Desktop review completed in September 1998. Act repealed by Schedule 2 of the Livestock Act 1997 and replaced by regulations under the Livestock Act 1997 and the Primary Industries Funding Schemes Act 1998. Children's Protection Act 1993 HS Children's Services Act 1985 and Regulations ETE Restricts market conduct requires mandatory notification. Barrier to market entry and restricts market conduct. Review completed in 1999. No reform recommended. Review completed in 2000. No reform recommended. The Government endorsed the review recommendation. Legislation retained without reform. Page 271 Legislation Review Compendium Name of legislation Chiropodists Act 1950 Agency HS Major restrictions Restrictions on entry, registration, title, practice, advertising, ownership, business licensing, and disciplinary provisions. Restrictions on entry, registration, title, practice, advertising, insurance, business licensing, ownership, and disciplinary provisions. Restricts market conduct. Restricts market conduct. Review activity Review completed in January 1999, recommending removing ownership and advertising restrictions and limiting reserved practice. Review completed in 1999. Review recommended removing ownership restrictions and amending practice reservation and advertising codes. Review underway. Review completed in December 1999. Involved public consultation. No NCP reform recommended. Desktop review completed in November 1999. The review found that the Act provides a net public benefit and thus no reforms were recommended. Review completed in 1997. Reform activity Cabinet approved drafting amendments. Chiropractors Act 1991 HS The Government is considering the review recommendations. Citrus Industry Act 1991 Coast Protection Act 1972 PIR EH Collections for Charitable Purposes Act 1939 T&F Restricts market conduct by requiring collectors to be licensed. Commercial Vehicles (Hours of TUPA Driving) Act 1973 Construction Industry Training ETE Fund Act 1993 Restricts market conduct. Act repealed. Review completed in 1997. Involved public Act retained without reform. consultation. No NCP reform recommended. Act to be reviewed again in 2003. National review underway. Part of Galbally Review. Final review report under consideration by the Australian Health Ministers Advisory Council (AHMAC). Consumer Credit (South Australia) Act 1995 Controlled Substances Act 1984 J HS Barrier to market entry and restricts market conduct. Restricts market conduct. Page 272 7 South Australia Name of legislation Conveyancers Act 1994 Agency J Major restrictions Licensing, registration, entry requirements (qualifications, no convictions for offences of dishonesty), the reservation of practice, disciplinary processes, business conduct (professional indemnity insurance, trust accounts, ownership), and business licensing. Review activity Review completed in 1999. Review involved public consultation. Review recommended: changing entry requirements in relation to fitness and propriety; removing ownership restrictions (but introducing requirement that a director of an incorporated company must not unduly influence a registered conveyancer); and removing the requirement that the sole object of a conveyancing company is carrying on business as a conveyancer. Review completed in 1996, finding substantial public benefits in continuing previously granted concessions and exemptions on grounds of sovereign risk. Review completed in 1999. Reform activity Cabinet approved retention of Act in March 1999. Removal of ownership restrictions and prohibition of undue influence amendments introduced into Parliament in late 2000. Cooper Basin (Ratification) Act PIR 1975 Ratifies the contract for the supply of gas by Cooper Basin producers to AGL. Barrier to market entry and restricts market conduct. Some amendments being considered. Draft legislation awaiting comments. Cremation Act 1891 J Amending legislation passed and operational in February 2001 (52 of 2000). Amendments abolished licences and removed need for Health Commission approval prior to Development Act approval, and funeral directors possible monopoly. Criminal Law Consolidation Act J 1935 Section 82A Crown Lands Act 1929 EH Requires pregnancy terminations Review not required. to be performed in prescribed hospitals. Restricts market conduct. Review completed in December 1999. Involved public consultation. Removal of barriers to more cost efficient processes and repeal of superfluous provisions approved. Page 273 Legislation Review Compendium Name of legislation Dairy Industry Act 1992 Agency PIR Major restrictions Vesting of milk in Dairy Authority of SA. Farmgate price-setting for market milk. Pooling of market milk returns. Licensing of farmers, processors and vendors. Review activity Review of price-setting restrictions by officials completed in 1999. Review recommended removal of these. Food safety provisions remain under review by officials. Reform activity In line with the March 2000 communique signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, SA passed the Dairy Industry (Deregulation of Prices) Amendment Act 2000 on 1 June 2000, deregulating the industry from 1 July 2000. Legislation passed in April 2000 repealing the Act. Yet to be proclaimed. Dairy Industry Assistance Act (Special Provisions) Act 1978 Dangerous Substances Act 1979 PIR AIS Barrier to market entry and restricts market conduct. Review completed in 1999, recommending repeal of the Act. Review, in conjunction with the Explosives Act 1936 and the White Phosphorus Matches Prohibition Act 1915, completed in 1999. No reforms recommended. Desktop review completed. Deer Keepers Act 1987 PIR Barrier to market entry and restricts market conduct. Restrictions on entry, registration, title, practice, ownership, advertising, business conduct and disciplinary provisions. Act to be repealed by Schedule 2 cl 1(e) of the Livestock Act 1997 when it is proclaimed. Act repealed and replaced by the Dental Practice Act. New Act retains limits on ownership and related restrictions, contrary to review recommendations. Dentists Act 1984 HS Review completed in February 1999. Review recommended changing the disciplinary process, introducing paraprofessional registration and removing some areas of reserved practice. The review also recommended the removal of ownership restrictions. Page 274 7 South Australia Name of legislation Development Act 1993 Agency TUPA Major restrictions Controls the uses to which land may be put. Sets procedures for the issue of planning permits and approval. Review activity Reform activity Review completed in July 1999. Review Reforms implemented. recommended: requiring Crown developments to be subject to building rules and fire safety requirements consistent with those for private buildings; allowing private certification of private development; and removing the obligation for planning authorities to obtain independent advice for noncomplying developments. Review completed in December 1999, Public consultation involved. Review recommended repeal of legislation. Review completed. Review recommended repeal of the Act and voluntary industry development fund under the Primary Industries Funding Schemes Act. Act to be repealed. Discharged Soldiers Settlement Act 1934 Dried Fruits Act 1993 EH Restricts market conduct. PIR Restricts market conduct. The Government is considering the review recommendations. Education Act 1972 and Regulations ETE Barrier to market entry and Review completed in July 2000. Review restricts market conduct. involved public consultation. No reform Provides for registration of non- recommended. government schools and for registration of non-government schools wishing to enrol overseas students. Teacher licensing, registration, entry requirements (qualification, experience, fit and proper person), reservation of practice, and disciplinary processes. Restricts market conduct. Review completed. The Government endorsed the review recommendation. Legislation retained without reform. Electrical Products Act 1988 PIR The Electrical Products Act 2000 passed and regulations drafted. Page 275 Legislation Review Compendium Name of legislation Electricity Act 1996 Agency T&F Major restrictions Restricts market entry and market conduct. Review activity Review completed in September 2000. Review involved public consultation. No reforms recommended as the Act facilitates regulation of electricity supply in SA in conjunction with other national electricity market reforms. Review completed in September 2000. Review involved public consultation. No reforms recommended as the Act facilitates establishment of state owned corporations in SA in conjunction with other national electricity market reforms. Desktop review completed in December 1998. Review recommended repeal of the Act. Reform activity Electricity Corporation Act 1994 T&F Restricts market entry and market conduct. Emergency Powers Act 1941 P&C Barrier to market entry and restricts market conduct in wartime. Act to be repealed. Employment Agents Registration Act 1993 AIS Licensing, entry requirements (fit Review completed in October 2000. Review The Government is considering the and proper, manager with involved public consultation. review recommendations. sufficient knowledge and experience to manage business), the reservation of practice, and business conduct (maintenance of records, no misleading advertising). Restricts market conduct. Exemption from section 586 of Local Government Act. Review completed in July 1999. Involved public consultation. Recommended certain sections of the Act be amended to remove the competitive advantage or disadvantage. Review completed in 1999. Public consultation. No NCP reform recommended. Review recommendations implemented through the Adelaide General Cemeteries Act 2001, which is awaiting proclamation. Enfield General Cemetery Act 1944 TUPA Environment Protection Act 1993 EH Barrier to market entry and restricts market conduct. Page 276 7 South Australia Name of legislation Explosives Act 1936 Agency AIS Major restrictions Barrier to market entry and restricts market conduct. Review activity Desktop review completed in December 1999. The Act centres around safety and does not provide primary economic control of the industry. No reform recommended. Reform activity Family and Community Services Act 1972 HS Barrier to market entry and Review completed in 1999. No reform restricts market conduct of foster recommended. care agencies. Review completed. Restriction of ownership of and dealing in firearms. Desktop review completed in July 1999. No reform recommended. Act repealed by the Financial Sector Reform (South Australia) Act 1999. Financial Institutions J (Application of Laws) Act 1992 Firearms Act 1977 J Fisheries (Gulf St Vincent PIR Prawn Fishery Rationalisation) Act 1987 Fisheries (Southern Zone Rock PIR Lobster Fishery Rationalisation) Act 1987 Imposes on remaining licence Review by officials completed in 1999. The Act to be repealed once settlement with holders the cost of compensating Act has achieved objective of reducing remaining licence holders finalised. those who surrender their licence numbers. licences. Licensees may not transfer their licences. Imposes on remaining licence holders the cost of compensating those who surrender their licences. Review by officials completed. The Act has achieved objective of reducing licence numbers. Act repealed. Fisheries Act 1982 PIR Licensing of fishers and fish Review by officials underway with extensive farmers. Registration of boats consultation. and fisher processors. Input controls on gear and fishing methods. Output controls such as catch limits, size limits and prohibitions on taking certain species. Offence to manufacture or sell food that does not meet prescribed standard. National review completed in 2000 (see the All Australian governments agreed in NSW Food Act 1989). November 2000 to adopt the core provisions of the Model Food Bill by November 2001. Drafting of amendments approved by Cabinet. Food Act 1985 HS Page 277 Legislation Review Compendium Name of legislation Foot and Mouth Disease Eradication Fund Act 1958 Freedom of Information Act 1991 Agency PIR Major restrictions Barrier to market entry and restricts market conduct. The Government's ability to refuse access to information which relates to categories of exempt documents specified in Schedule 1 of the Freedom of Information Act, in particular documents affecting the economy of the State, financial or property interests and business affairs. Review activity Desktop review completed June 1998. Reform activity Act repealed by the Livestock Act 1997 and replaced by new Part 5 of the Livestock Act. AIS Desktop review completed in September The review report was noted in Cabinet 2000. No reform recommended. The Act on 28 August 2000. promotes competition by enabling access to official information on a regulated basis. Friendly Societies (South Australia) Act 1997 Friendly Societies Act 1919 J Restricts market conduct. Review completed in 1997. Act deleted Act repealed. from the legislation review program (LRP). Review completed. Act repealed and replaced by the Friendly Societies (SA) Act 1997, subsequently repealed by the Financial Sector Reform (South Australia) Act 1999. Fruit and Plant Protection Act 1992 PIR Restricts market conduct. Review underway. Fruit and Vegetables (Grading) PIR Act 1934 Gaming Machines Act 1992 T&F Product standard restricts market Review completed, recommending repeal of Act repealed. conduct. the Act. Gaming machines are restricted to licensed clubs, hotels and the Casino and there are controls on the number of machines allowed in licensed venues; and granting of an exclusive monitoring licence to the Independent Gaming Corporation and an exclusive supply and service licence to the State Supply Board. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, are to be reviewed. Page 278 7 South Australia Name of legislation Agency Major restrictions Restricts market conduct. Provides for separate licences to operate pipelines and to undertake gas retailing. Review activity Reform activity Garden Produce (Regulation of PIR Delivery) Act 1967 Gas Act 1997 PIR Review completed, recommending repeal of Act repealed. the Act. Review completed in 1999. Review found restrictions to be in the public interest. Act to be retained without reform. Government Financing Authority Act 1982 T&F May restrict market conduct of Review completed in 1998. Although government business enterprises technically there may be a restriction on (GBEs). "market conduct" of GBEs in being required to utilise the SA Financing Authority's services, this is insignificant and there is no impact on private sector market conduct. The review found that the Act provides a net public benefit and recommended no reform. Negative licensing, entry requirements (qualifications), and reservation of practice (washing, cutting, colouring, setting, permanent waving or other treatment of a person's hair or the massaging or other treatment of a person's scalp for fee or reward). Provision for marine safety, licensing and pilotage. Governs harbour operations (market conduct). Review completed in 1999. Review involved The Government endorsed the review public consultation. Review recommended recommendations. Parliament passed reducing the scope of work reserved for legislative amendments in March 2001. hairdressers and reviewing the Act in three years with view to its repeal. Hairdressers Act 1988 J Harbors and Navigation (Control of Harbors) Amendment Act 2001 Harbours and Navigation Act 1993 TUPA New legislation (CPA clause 5(5)). TUPA Review completed in 1999. Intergovernmental agreement to develop nationally consistent legislation. The Government is currently considering amendments to the legislation. Page 279 Legislation Review Compendium Name of legislation Heritage Act 1993 Agency EH Major restrictions Restricts market conduct. Review activity Review completed in 1999. Review involved consultation with stakeholders. No NCP reform recommended. Review completed in 1998. Review completed in March 1999. Involved public consultation. No reforms recommended. Reform activity Highways Act 1926 Housing Improvement Act 1940 Impounding Act 1920 TUPA HS Restricts market entry. Barriers to entry, and restricts market conduct. Relevant provisions of the Act repealed in 2000. PIR Discretionary power for council to Desktop review completed in December establish a pound. 2000. Recommends repeal of the Act and replacement with modern scheme. Regulation of casino and gaming machines licensees. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, are to be reviewed. Act to be retained without reform. Independent Gambling Authority Act 2001 T&F Industries Development Act 1941 IT Section 24, which contains Review completed. No NCP reforms provisions for making recommended. Regulations, may be in conflict with the Trade Practices Act 1974 (TPA). Page 280 7 South Australia Name of legislation Land Agents Act 1994 Agency J Major restrictions Licensing (agents, not sales representatives who are negatively licensed), registration, entry requirements (qualifications, no conviction for an offence of dishonesty, not an undischarged bankrupt or no suspension or disqualification from practising an occupation, trade or business), the reservation of practice, disciplinary processes, business conduct (provisions for maximum fees in regulations (but not used currently), indemnity fund, trust account), and business licensing. Review activity Review completed in 1999. Review involved public consultation. No reforms recommended. Review recommendation that Act be amended to lower entry criteria (prescribed offences - only indictable offences). Supplementary review (Legal qualifications/recommendations) completed in March 2001. Reform activity The Government endorsed the review recommendation. Act retained without reform. Commissioner for Consumer Affairs has implemented recommendations administratively (recommendations were matters within his discretion). Land and Business (Sale and Conveyancing) Act 1994 J Business conduct of agents, Review completed in 1999. Review involved The Government endorsed the review conveyancers and vendors of public consultation. Review recommended recommendation. property for sale of land or small no reform. business (information provision, cooling-off, subdivided land, relationship between agent and principal, preparation of conveyancing instruments, representations). Negative licensing, entry requirements (qualifications or membership of various professional associations), reservation of practice, and disciplinary processes. Review completed in 1999. Review concluded that the current qualification requirements are too onerous in relation to the postgraduate qualifications and that the Government should consider re-examining the current requirements and broadening the number and type of acceptable qualifications. Review completed in 1999. The Government endorsed the review recommendations. Awaiting a national training package to be approved - can be given effect administratively. Land Valuers Act 1994 J Landlord And Tenant Act 1936 J Restricts market conduct. Relevant provisions of Act repealed. Page 281 Legislation Review Compendium Name of legislation Legal Practitioners Act 1981 Agency J Major restrictions Review activity Reform activity The Government accepted the review recommendations. Restrictions on multi-disciplinary practices will be reviewed over the next two years; and no change to the professional indemnity insurance provisions provided premiums remain competitive. Amendments to the Act currently being drafted. The Liquor Licensing Act 1997 removed several restrictions on the sale of liquor. The 1997 Act: Licensing, registration, entry Review completed. requirements, disciplinary processes, reservation of title and practice, and business conduct (including monopoly professional indemnity insurance). Liquor Licensing Act 1985 J Legislation contains a proof-ofneed test requiring licence applicants to demonstrate that a consumer need exists for the grant of a licence; and a requirement that only hotels and retail liquor stores devoted to sale of liquor exclusively may sell liquor. Review completed in 1996 and recommended: • removal of several restrictions including a requirement that the licensing • retains "proof of need" test requiring authorities take account of the impact of applicants to demonstrate a a new licencee on existing licence consumer need exists for the grant of holders; a licence; and • retention of restrictions including proof • retains the restriction that only hotels of need test and requirement that liquor and retail liquor stores devoted can only be sold from stores devoted exclusively to the sale of liquor may entirely to liquor sales; and sell liquor. • further review of liquor licensing arrangements in 3 or 4 years (when there is more information about the impacts of less regulated approaches in other jurisdictions). SA has undertaken to review the proof of need test in 2001. Liquor Licensing Act 1997 J Proof of need test before new licence to sell liquor granted. Only hotels and liquor stores selling liquor exclusively able to sell liquor. Restricts market conduct. New legislation following SA's review of its Liquor Licensing Act 1985. See the Liquor Licensing Act 1985. See the Liquor Licensing Act 1985. Loans to Producers Act 1927 T&F Review completed. Act expected to be repealed when last repayments made. Page 282 7 South Australia Name of legislation Local Government Act 1934 Agency TUPA Major restrictions Restricts market conduct and product and service standards. Review activity Review completed in 1999, except for the cemetery provisions for which, in turn, a competition review was commenced in early 2000 that was subject to targeted consultation. A final report on the cemetery provisions is currently in preparation. Reform activity New legislation came into operation in 2000 replacing most of the existing Act. Elements remaining are either progressively being repealed or being considered as part of other legislation reviews (with the intent of being transferred to or being integrated into appropriate functional legislation). Reform activity for the cemetery provisions is subject to the Government response to the final report. Lottery and Gaming Act 1936 T&F Barrier to market entry and restricts market conduct. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, are to be reviewed. Review completed March 1999. Public consultation. Review completed, recommending repeal. Review completed in 1999, recommending repeal of the Act. New legislation. Act repealed in 1999. Manufacturing Industries Protection Act 1937 Margarine Act 1939 Marginal Dairy Farms (Agreement) Act 1971 AIS Exempts some industries from legal requirements applying to competitors. Restricts market conduct. Restricts market conduct. Provides regime for third party access to channels, defined common user berths, berths adjacent to grain handling facilities and grain handling facilities (belts). Provides for the regulation of prices in respect to certain essential maritime services provided by the private port operator. PIR PIR Act repealed. Legislation repealing Act passed in April 2000, but not yet proclaimed. Maritime Services (Access) Act AIS 2000 Page 283 Legislation Review Compendium Name of legislation Meat Hygiene Act 1994 Agency PIR Major restrictions Review activity Reform activity Accreditation of meat processors. Review completed in 2000. Recommended Meat inspectors and auditors extension to cover rabbit meat and retail must enter agreement with within the scope of the Act. Minister. Restrictions on entry, Review completed in 1999. Review registration, title, practice, recommended removing ownership advertising, business conduct and restrictions, registering medical students, disciplinary provisions. requiring declaration of commercial interests and requiring professional indemnity insurance. Creates barrier to market entry and restricts market conduct. Creates barriers to market entry and restricts market conduct. No restrictions on competition restrictions contained under Part 4 of the Motor Vehicles Act. Barrier to market entry and restricts market conduct. Mandatory insurance, monopoly insurer, and centralised premium setting. Review into tow truck operators, motor driving instructors and compulsory third party insurance completed. Compulsory third party insurance review completed in 1998, recommending removing the monopoly and controls on premiums. Second review completed in 1999, rebutting previous review's recommendations. The Government issued both reviews for public consultation in early 2001. Uniform national motor vehicle registration and driver licensing legislation implemented July 2001. The Government announced retention of mandatory insurance, the sole provision of insurance by the Motor Accident Commission, and community rating. The Government is considering the review recommendation regarding tow truck operators and motor driving instructors. Review underway. Review underway. New legislation introduced in May 2001 (second reading speech on 5 July 2001). Medical Practitioners Act 1983 HS Mines And Works Inspection Act 1920 Mining Act 1971 Motor Accident Commission Act 1992 Motor Vehicles Act 1959 PIR PIR T&F TUPA Page 284 7 South Australia Name of legislation National Electricity (South Australia) Act 1996 Agency T&F Major restrictions Restricts market entry and market conduct. Review activity Review completed in September 2000. No reforms recommended as the sole object is to implement a national electricity market. Review process involved consultation with other jurisdictions. Review completed December 1999. Public consultation involved. Reform recommended. Review completed December 1999. Public consultation involved. Reform recommended. Review completed, recommending the repeal of certain parts of the legislation restricting the use and production of gas. The balance of the Act can be repealed by proclamation. Reform activity National Parks and Wildlife Act EH 1972 Restricts market conduct. Reforms introduced via the National Parks and Wildlife (Miscellaneous) Amendment Act 2000 (in operation as of 24 August 2000). The Native Vegetation (Miscellaneous) Amendment Bill 2001 currently before Parliament. Main restrictions repealed in 1996. Native Vegetation Act 1991 EH Restricts market conduct. Natural Gas (Interim Supply) Act 1985 PIR Natural Gas Pipelines Access Act 1995 PIR Establishes access regime for Review completed in 1997. access to natural gas pipelines in SA. Act repealed by s50 of the Gas Pipelines Access (SA) Act 1997. However, for transitional purposes, the Act continues until access arrangements are set under the National Gas Access Code and any continuing arbitration proceedings are finalised. Noxious Insects Act 1934 Nurses Act 1984 PIR HS Restricts market conduct. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review completed in 2000, recommending no reform. Review completed in 1998. The SA review of the Nurses Bill 1997 made a number of recommendations that provide greater clarity and accountability and remove the power to restrict advertising. Act repealed and replaced by the Nurses Act 1999. Page 285 Legislation Review Compendium Name of legislation Nurses Act 1999 Agency HS Major restrictions Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Restricts market competition. Restrictions on entry, registration, title, practice, and disciplinary provisions. Creates barrier to market entry and restricts market conduct. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Restricts market conduct. Review activity New legislation. See the Nurses Act 1984. Reform activity Occupational Health Safety and Welfare Act 1986 Occupational Therapists Act 1974 Opal Mining Act 1995 Optometrists Act 1920 AIS HS Review completed in November 2000. Involved public consultation. Review completed in 1999. Review recommended maintaining registration requirements. Review underway. The Government is considering the review recommendations. Cabinet approved drafting of amendments to the Act. PIR HS Review completed in April 1999. The Government is considering the Recommendations include extending review recommendations. coverage to include optical dispensers, removal of restriction on training providers and the introduction of a code of conduct. Review completed. Crown Solicitor's Office found no restrictions on competition. Outback Areas Community Development Trust Act 1978 TUPA Passenger Transport Act 1994 TUPA Restrictions on taxi licence Review completed November 2000. Review The Government is considering the numbers (note, free entry to hire involved public consultation. review recommendations. No car market). substantial reform expected. Restricts market conduct. Review completed in December 1999. It identified no major issues but recommended that the Act be updated and consolidated. National review completed in 1999-2000. Endorsed by the Australian and New Zealand Minerals and Energy Council (ANZMEC) Ministers. Amendments to be developed by the Commonwealth and subsequently reflected in State and Territory legislation. Pastoral Land Management and Conservation Act 1989 PIR Petroleum (Submerged Lands) PIR Act 1982 Regulates exploration for and development of undersea petroleum resources. Forms part of a national scheme. Page 286 7 South Australia Name of legislation Petroleum Act 1940 Agency PIR Major restrictions Review activity Reform activity Act repealed and replaced by the Petroleum Act 2000 and Regulations. New Act incorporates principles proposed by the ANZMEC Petroleum sub-committee in regard to acreage management. The SA Government directed efforts at facilitating new explorers entering the Cooper Basin and to encourage the development of a voluntary access code for access to production facilities. Regulates onshore exploration for Review completed in 1999. and development of petroleum reserves. Barrier to market entry and restricts market conduct. Petroleum Products Regulation T&F Act 1995 Pharmacists Act 1991 HS Barrier to market entry and restricts market conduct. Restrictions on entry, registration, title, practice, advertising, business, ownership, licensing, and disciplinary provisions. Review underway and expected to be completed by mid 2001. National review of Pharmacy Regulation CoAG referred the Wilkinson Review to (Wilkinson Review) completed in February a senior officials' working party, which is 2000. Review recommended retaining yet to report back to CoAG. registration, 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 completed in June 2000. It recommended no reform. Phylloxera and Grape Industry PIR Act 1995 Restricts market conduct. Page 287 Legislation Review Compendium Name of legislation Physiotherapists Act 1991 Agency HS Major restrictions Restrictions on entry, registration, title, practice, advertising, ownership, and disciplinary provisions. Review activity Reform activity Review completed in February 1999. Cabinet approved drafting amendments. Recommendations include publication of a code of conduct without advertising restrictions, amended definitions of areas of practice protected, removal of the requirement to register business names, removal of ownership restrictions, prohibition of undue influence, demonstration of continuing competence and removal of advertising and unprofessional conduct provisions from code of ethics prior to adoption of a code of conduct. Review underway. Plumbers, Gas Fitters and Electricians Act 1995 J Licensing (contractors), registration (workers), entry requirements (for contractor: qualifications, experience, not undischarged bankrupt, fit and proper, sufficient business knowledge and experience and financial resources; for worker: qualifications and experience), reservation of practice (for plumbing: water, sanitary or draining work or the installing or testing of backflow prevention devices), and disciplinary processes. Page 288 7 South Australia Name of legislation Poultry Meat Industry Act 1969 Agency PIR Major restrictions Prohibits processing of chickens unless from approved farms. Review activity Review completed in 1994, recommending that producers seek Australian Competition and Consumer Council (ACCC) authorisation for collective bargaining with each processor, and that the Government repeal the Act. Reform activity The ACCC authorised collective negotiations between chicken growers and: • Ingham Enterprises P/L, on 9/4/97, expiring 30/6/02; and • Steggles Ltd, on 20/5/98, expiring 11/6/02. The Act not yet repealed. New legislation is under consideration. Prevention of Cruelty to Animals Act 1985 EH Requires licences for teaching and research involving animals. Review completed in 1999. Public consultation involved. Reforms recommended. Reforms introduced via the Prevention Of Cruelty To Animals (Miscellaneous) Amendment Act 1999 (in operation from 1 February 2000). Prices Act 1948 J Restricts market conduct. Review completed, recommending the The Government enacted amendments removal of a number of restrictive in line with the review recommendations provisions but the retention of price in 2000. controls for infant foods, returns of unsold bread, towing, recovery, storage and quoting for repair of motor vehicles and the carriage of freight to Kangaroo Island. Review completed in 1999. Review recommended removing advertising and practice restrictions. Review completed. Cabinet approved drafting amendments to the Act. Psychological Practices Act 1973 HS Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Restricts market conduct. Public and Environmental Health Act 1987 HS Page 289 Legislation Review Compendium Name of legislation Public Corporations Act 1993 Agency T&F Major restrictions Review activity Reform activity The Act technically "restricts" the Review completed in 1998. Review found market conduct of public there is a net public benefit and corporations established under recommended no reforms. the Act in order to limit the Government's ownership risks. However these restrictions do not limit market entry or conduct of private sector participants. The Act is the preferred model of corporatisation and is consistent with the objectives of NCP competitive neutrality principles. Statutory powers and duties not applicable to private trustees. Barrier to market entry and restrictions on market conduct. Creates barrier to market entry and restricts market conduct. Review completed in August 2000. Public consultation involved. Review completed in January 2000. National review completed. Bill introduced into Parliament and is currently before the Legislative Council. Act to be repealed. Public Trustee Act 1995 Racing Act 1976 Radiation Protection and Control Act 1982, Ionizing Radiation Regulations 2000, and Radiation Protection and Control (Transport of Radioactive Substances) Regulations 1991 Road Traffic Act 1961 Roxby Downs (Indenture Ratification) Act 1982 J EH HS TUPA PIR Barrier to market entry and restricts market conduct. Desktop review underway. National legislation implemented. Authorises behaviour contrary to Desktop review completed in May 2000. No the TPA. reform recommended. Review completed in December 1998, recommending repeal of the Act. Review completed in June 2000, recommending no reform. Legislation passed in April 2000 to repeal the Act. Rural Industry Adjustment PIR (Ratification of Agreement) Act 1990 Rural Industry Adjustment and PIR Development Act 1985 Page 290 7 South Australia Name of legislation Rural Industry Assistance Act 1985 Sandalwood Act 1930 Agency PIR EH Major restrictions Review activity Review completed in March 1999, recommending repeal of the Act. Reform activity Legislation passed in April 2000 to repeal the Act. Act repealed (7 of 2001), effective 5 April 2001. Caps the quantity of naturallyoccurring sandalwood harvested from Crown and private land. Licensing the harvesting of sandalwood. Restricts market conduct. Review completed in 1999. Review recommended repeal of the Act. Santos Limited (Regulation of Shareholdings) Act 1989 Second-Hand Dealers and Pawnbrokers Act 1996 PIR J Review completed July 2001. Act to be retained without reform. The Government endorsed the review recommendation. Negative licensing (pawnbrokers, Review completed in 1998. No reform second-hand dealers for all goods recommended. except cars), registration (that is, notify police), entry requirements (not convicted dishonesty offence in past five years, not undisclosed bankrupt/insolvent), reservation of practice, disciplinary processes, and business conduct (pawnbrokers: prescribed records, selling of unredeemed goods; second-hand dealers: prescribed records, holding of goods for prescribed period, requirement that seller provide identification (unless sale by phone), cooperation with police). Barrier to market entry, and business conduct. Review completed. Review recommendation for audits; entitlement criteria for licensing, and distinction between summary and indictable offences for dishonesty. Second-Hand Vehicle Dealers Act 1995 J Amendments passed by Parliament in October 2001. Page 291 Legislation Review Compendium Name of legislation Security and Investigation Agents Act 1995 Seeds Act 1979 Shearers Accommodation Act 1975 Shop Trading Hours Act 1977 Agency J Major restrictions Barrier to market entry (private inquiry agents, security providers), and market conduct. Restricts market conduct. Restricts market conduct. Review activity Review completed. Reform activity PIR AIS AIS Review completed, recommending no reform. Review completed in March 1999. Public consultation involved. Act repealed in 1999. Limited changes took effect from June 1999. Significant restrictions, including: Review completed in 1998. Report not controls on the hours during released by the Government. which shops may open; variation in allowed opening hours based on the day of the week; and variation in permitted opening hours vary depending on shop location, size and products sold. Monday-to-Saturday trading hours are restricted. Sunday trading is prohibited in Adelaide outside the central business district, where hours are restricted. Soil Conservation and Land Care Act 1989 PIR Restricts market conduct. Review, in conjunction with the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986, completed. It recommended changes to the Act. Review completed in February 2000. Public consultation involved. No reform recommended. Review completed in 1999. Amendments made under the Soil Conservation and Land Care Act (Amendment) Act. Further changes pending, subject to new Natural Resource Management Bill. South Australian Film Corporation Act 1972 South Australian Health Commission Act 1976 TUPA Restricts market conduct in granting sole and exclusive right to produce Government films. Barrier to market entry and restricts market conduct of private hospitals. HS Page 292 7 South Australia Name of legislation South Australian Housing Trust Act 1995 South Australian Museum Act 1976 South Australian Ports Corporation Act 1994 Southern State Superannuation Act 1994 Starr-Bowkett Societies Act 1975 Agency HS TUPA AIS Major restrictions Restricts market conduct. Restricts market conduct in relation to meteorites. Restricts market conduct. Review activity Review completed in 1999. No reform recommended. Desktop review completed in May 1997. No reform recommended. Review postponed pending the outcome of the process for the lease/sale of the SA Ports Corporation. Desktop NCP review completed. Restrictions found to be trivial. No reform recommended. Identified at national level. Reform activity Parliament passed legislation for the lease/sale of the corporation in December 2000. Act retained without reform. T&F Limits on choice of funds. J Payments through these societies are almost complete. Act expected to be repealed upon dissolution of the 2 remaining societies. The last Starr Bowkett Society recently deregistered. Corporation sold in 1995-96. Act amended to repeal most of original Act including all reference to sheltered workshops. Legislation to sell the SA Lotteries Commission was defeated in Parliament in November 2000. The Government decided to restructure the Act to separate policy, regulation and management. The Government is considering the review recommendations. Act repealed by the Livestock Act 1997. State Clothing Corporation Act AIS 1977 Protects sheltered workshops. Review completed. State Lotteries Act 1966 AIS Restricts market conduct. Review underway. See the Casino Act 1997. State Supply Act 1985 Stock Act 1990 AIS PIR Restricts market conduct. Barrier to market entry and restricts market conduct. Desktop review completed. Review completed in 1996. Page 293 Legislation Review Compendium Name of legislation Stock Foods Act 1941 Agency PIR Major restrictions Stock foods must be sold with label or certificate specifying chemical analysis. Seed grain must not be fed to stock. Review activity See the Agricultural Chemicals Act 1955. Reform activity See the Agricultural Chemicals Act 1955. Stock Medicines Act 1939 Stony Point (Liquids Project) Ratification Act 1981 Supported Residential Facilities Act 1992 Survey Act 1992 PIR PIR HS AIS Stock medicines to be registered. See the Agricultural Chemicals Act 1955. Authorises behaviour contrary to Review completed in 2000. No reform the TPA. recommended. Barrier to market entry and restricts market conduct. Licensing, registration, entry requirements (education, experience, fit and proper), reservation of title (and derivatives), reservation of practice, disciplinary processes, business conduct (including ownership restrictions), and business licensing. Barrier to market entry and restricts market conduct. Review completed in 1998. No reform recommended. Review completed in 1999, but report not yet released. Review involved public consultation. See the Agricultural Chemicals Act 1955. Act to be retained without reform. The Government is considering the review recommendations. Swine Compensation Act 1936 PIR Desktop review completed, recommending Act to be repealed by Schedule 2 of the repeal. Livestock Act 1997 once it is proclaimed, and replaced by regulations under the Livestock Act 1997 and the Primary Industries Funding Schemes Act 1998. Act repealed and replaced by the Tobacco Products Regulation Act 1997. New legislation. Subject to CPA clause 5(5) Act replaced the Tobacco Products analysis before introduction. Control Act 1986. Tobacco Products Control Act 1986 Tobacco Products Regulation Act 1997 Trade Measurement Act 1993 Trade Measurement Administration Act 1993 HS HS J J Restricts market conduct. Restricts market conduct. National review underway. National review underway. Page 294 7 South Australia Name of legislation Trade Standards Act 1979 Travel Agents Act 1986 Agency J J Major restrictions Restricts market conduct. Licensing and compulsory consumer compensation fund. Review activity Review completed. No reforms recommended. National review underway (coordinated by WA). A final review report by CIE was released in 2000. Public consultation involved release of issues paper, background paper, consultation and receiving submissions. Review recommended entry qualifications for travel agents be removed and compulsory insurance maintained, 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. To be reviewed under the Standing Committee of Attorneys-General (SCAG), and the Parliamentary Counsel Committee with NSW as lead agency. The national group has released a discussion paper. Time for submissions has closed. A meeting to discuss submissions is yet to be held. Reform activity The Government endorsed the review recommendations. Trustee Companies Act 1988 J Unauthorised Documents Act 1916 P&C Barrier to market entry and restricts market conduct. Restricts use of State insignia and official emblems and licensing of the State's commercial emblem. Desktop review completed in December 1998. Review recommended that the Act be retained in its current form. Page 295 Legislation Review Compendium Name of legislation Agency Major restrictions Licensing of veterinary surgeons and hospitals, reservation of practices, reservation of title, advertising restrictions, and controls on business names. Registers training providers and accredits training courses. Restricts market conduct. Review activity Review completed in 2000. Reform activity Act to be repealed and replaced by the Veterinary Practices Act, currently being drafted. Veterinary Surgeons Act 1985 PIR Vocational Education, Employment and Training Act 1994 War Service Land Settlement Agreement Act 1945 Wheat Marketing Act 1989 White Phosphorus Matches Prohibition Act 1915 ETE Review completed in April 2000. Concluded Act retained without reform. that the public benefits of the restrictions outweigh costs. Review completed in December 1999. Public consultation involved. No NCP reform recommended. Review of SA-only provisions underway. Review completed in April 1999. The Government approved negotiation with the Commonwealth so that Act can be repealed without international implications. EH PIR AIS Imports the Commonwealth Act into State jurisdiction. Barrier to market entry and restricts market conduct. Wilderness Protection Act 1992 Wine Grapes Industry Act 1991 EH PIR Restricts market conduct. Restricts market conduct indicator price calculation, terms and conditions of payment and exclusion from subsequent harvests. Review completed in December 1999, recommending no reform. Review underway. Workers Rehabilitation and Compensation Act 1986 AIS Mandatory insurance, monopoly Review underway. Draft report released in insurer, and centralised premium May 2000. setting. Page 296