8 Tasmania Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the Tasmanian legislation review timetable. DE DIER DHHS DOJIR DOPPS DPAC DPIWE DSD EMB FPB FT HEC IFC LC LGO MAIB OCAFT P&C Department of Education Department of Infrastructure Energy and Resources Department of Health and Human Services Department of Justice and Industrial Relations Department of Police and Public Safety Department of Premier and Cabinet Department of Primary Industries, Water and Environment Department of State Development Egg Marketing Board Forest Practices Board Forestry Tasmania Hydro-Electric Corporation (Hydro Tasmania) Inland Fisheries Commission Legislative Council Local Government Office Motor Accidents Insurance Board Office of Consumer Affairs and Fair Trading Premier and Cabinet Page 297 Legislation Review Compendium PAHSMA RBFB T&F TAO TDIA TGEB TRA TFS Port Arthur Historic Site Management Authority Retirement Benefits Funds Board Department of Treasury and Finance Tasmanian Audit Office The Tasmanian Dairy Industry Authority Tasmanian Grain Elevators Board Tasmanian Racing Authority Tasmanian Fire Service Page 298 8 Tasmania Legislation review schedule: Tasmania Updated to September 2001 Name of legislation Adoption Act 1988 Agency DHHS Major restrictions Business licensing, and service standards. Review activity Minor review completed in 1998, and the restrictive provisions justified as being in the public benefit. Reform activity Licensing restrictions were retained in order to protect against trafficking in children. Agricultural and Veterinary DPIWE Chemicals (Control of Use) Act 1995 Chemicals not to be used unless National review completed in 1999. See the See the Agriculture and Veterinary registered under the Agriculture Agriculture and Veterinary Chemicals Chemicals (Control of Use) Act 1992 and Veterinary Chemicals Code. (Control of Use) Act 1992 (Victoria). (Victoria). Licensing of spray contractors. Approval of indemnity insurance. Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Requires air pilots to be licensed. The Act applies Commonwealth legislation to Tasmania with regard to air-traffic rules and the regulation of aerodromes. 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 and Veterinary Chemicals (Tasmania) Act 1994 DPIWE Air Navigation Act 1937 DIER The anticompetitive elements of the Act were considered as part of the Productivity Commission (PC) review of the International Air Services Agreement. Page 299 Legislation Review Compendium Name of legislation Aluminium Industry Act 1960 Agency T&F Major restrictions Provides a company with a low interest loan, directs them to increase production capacity and restricts their ability to sell assets for a specified time period. Review activity Reform activity Act repealed by the Legislation Repeal Act 1998. Ambulance Service Act 1982 DHHS Restrictions relate to the Minor review completed in 1997 and the requirement to obtain approval to restrictive provisions justified as being in operate a private ambulance the public benefit. service and the level of fees that may be charged by 'approved' ambulance services. Imposes an obligation on all persons with cattle or sheep to brand them with registered earmarks. Pigs cannot be sold unless they are branded with a registered body tattoo. Review completed. Review recommended that compulsory earmarking of cattle or sheep be removed. Following a reassessment of this recommendation by the Department, in light of recent events, these provisions were found to be in the public benefit. Act retained without reform. Animal (Brands and Movement) Act 1984 DPIWE Animal Farming (Registration) DPIWE Act 1994 Animal Health Act 1995 DPIWE Requires the registration of Review completed in 1999, recommending farmers of emus and fallow deer. removal of restrictions relating to the farming of fallow deer. Requires a licence for commercial artificial breeding. Enables the Minister to prohibit or restrict the movement of any animals into Tasmania from any other State. Protection of animal resources from the introduction of a disease, organism, variety or disorder. Prohibits persons from carrying out animal research unless it is carried out by an institution licensed under the Act. Minor review completed. Recommended Review recommendations implemented. removal of certain restrictions on artificial breeding and the requirement to advise the Chief Veterinary Officer of the conduct of artificial breeding businesses or training in artificial breeding programs. Animal Welfare Act 1993 DPIWE Minor review completed. It recommended retaining the licensing of institutions engaging in animal research in the public benefit. No reform recommended. Page 300 8 Tasmania Name of legislation Apiaries Act 1978 Agency DPIWE Major restrictions Requires bee-keepers to be registered. Provides that the Governor may by order declare that only certain bees can be brought into or kept in a certain area. Provides that growers must apply to the Fruit Crop Insurance Board for a crop insurance policy and pay the premium as gazetted. Registration, entry requirements, reservation of title, disciplinary processes, business restrictions, and business licensing. Review activity Reform activity Review completed, recommending repeal of Act to be repealed by the Legislation the Act. Repeal Act 2001. Apple and Pear Industry (Crop DPIWE Insurance) Act 1982 Review completed. It recommended abolishing compulsory insurance for the apple and pear industry and repealing the Act. Act repealed in November 1999. Architects Act 1929 DPAC National review by the PC completed in A States and Territories working group August 2000, and publicly released in is developing a national response to the November 2000. PC review involved public PC review. consultation via public release of issues paper, draft report, consultation, public hearings and submissions. Act to be repealed and replaced by new legislation in the Autumn Session of 2002. Auctioneers and Real Estate Agents Act 1991 DOJIR OCAFT Licensing (real estate agents, Review completed. managers and sales consultants), registration, entry requirements (education, experience, fit and proper person), reservation of practice, disciplinary processes, and business conduct. Market entry. Restricts bank trading days. Review not required. Australia and New Zealand Banking Group Act 1970 Bank Holidays Act 1919 DOJIR DIER Act repealed by the Legislation Repeal Act 2000. Act substantially amended to remove all anticompetitive provisions and those that impact on business. Act repealed by the Legislation Repeal Act 2000. Bank of Adelaide (Merger) Act DOJIR 1980 Ben Lomond Skifield Management Authority Act 1995 DPIWE Market entry. Imposes restrictions on Outcome of review of the National Parks commercial operations in the Ben and Wildlife Act 1970 will apply. Lomond Skifield area. Page 301 Legislation Review Compendium Name of legislation Biological Control Act 1986 Agency DPIWE Major restrictions Review activity Reform activity Act retained without reform. Act assessed as not restricting Review not required. competition. No restrictions on competition. Act requires a transparent public inquiry process and review to determine the net public benefit of a biological control release. By-laws impose restrictions on commercial operations in the Botanical Gardens. Levy on building work, except in relation to any work undertaken by, or for, State and local governments. Review not required as restrictive bylaws made under the Act have been replaced by bylaws that do not restrict competition. Botanical Gardens Act 1950 DPIWE Building and Construction Industry Training Fund Act 1990 DE Review completed. Review recommended The Government is considering the retention of the levy as the most review recommendations. appropriate means of funding industry training. A number of administrative changes were recommended to improve the operation of the Board and the training scheme. Act received Royal Assent on 20 December 2000. The Act expected to commence during 2001. Building Act 2000 DIER Mandatory accreditation, entry New legislation. A Regulatory Impact requirements (including Statement (RIS) on the Building Bill 1999 continuing professional released in August 1999. development), the reservation of practice, disciplinary processes, and business conduct (insurance). Provides a particular company with a competitive advantage by giving them the authority to operate and maintain a railway (some on private land, the rest on Crown Land lease). Review deferred pending proclamation of the Rail Safety Act 1997 as the safety and access provisions will negate the need for this Act. Burnie to Waratah Railway Act DIER 1939 Act to have been repealed following the proclamation of the Rail Safety Act 1997. However, legal opinion is being sought as to whether repeal of the Act will impact on the private land running rights of the rail company. Page 302 8 Tasmania Name of legislation Business Names Act 1962 Agency DOJIR Major restrictions Review activity Reform activity No person running a business Minor review completed and retention of may use a business name unless restrictions justified as being in the public it is registered. Restrictions relate benefit. to business name registration, and are uniform across the country. Restricts market entry. A casino licence can only be issued to a company specified in the Act. Prohibits the use of 'casino' in any business name unless they are in possession of a casino licence. Restricts ownership and control of casinos by foreign individuals and companies. Licensing. Act repealed by the Legislation Repeal Act 2000. Casino Company Control Act 1973 T&F Child Care Act 1960 DHHS Provisions of Act replaced Part 6 of the Child Welfare Act 1960 when the new Children, Young Persons and their Families Act was proclaimed in July 2000. Act replaced by the Child Care Act 2000. When the Children, Young Persons and their Families Act was proclaimed in July 2000, one of its effects was to replace Part 6 of the Child Welfare Act 1960 with provisions within the Child Care Act 1960. The Child Care Act 2000 has in turn taken the place of the Child Care Act 1960 except in relation to boarding homes and day nurseries. Child Welfare Act 1960 DHHS Imposes licences for childcare operators and their premises, including restrictions on the number of children in care and the setting of premise standards. Sets standards for home-based care. Page 303 Legislation Review Compendium Name of legislation Chiropractors and Osteopaths Act 1997 Agency DHHS Major restrictions Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review activity New legislation assessed under the Competition Principles Agreement (CPA) clause 5(5). Restrictions related to registration were assessed as providing a net community benefit as they provide information to the consumer. Review completed in 1997. Reform activity The Chiropractors and Osteopaths Act 1997 replaced the Chiropractors Registration Act 1982. Chiropractors Registration Act DHHS 1982 Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Act repealed and replaced by the Chiropractors and Osteopaths Registration Act 1997. Christ College Act 1926 DE Provides for three schools and Review not yet undertaken. two trusts to be combined. It is effectively the constitution of the organisation. Provides a possible advantage not given to other schools. This Act is national legislation Minor review completed and the restrictive which prohibits the sale, hire, provisions have been justified as being in exhibition and production of the public benefit. certain materials and introduces a classification system for certain materials. Essential provisions to limit the availability of pornographic material. Act will now not be repealed, following advice from the Christ College Board. Classification (Publications, Films and Computer Games) Enforcement Act 1995 DOJIR OCAFT Page 304 8 Tasmania Name of legislation Commercial and Inquiry Agents Act 1974 Agency DOJIR OCAFT Major restrictions Licensing (commercial agents, commercial sub-agents, inquiry agents, process servers, security agents, security guards), entry requirements (suitable person, not convicted of an offence of dishonesty within past five years, financial reputation), reservation of practice, disciplinary processes, and business conduct (trust accounts, maintain records, audits). Market entry. Market entry. Review activity Reform activity Review completed. Public consultation Act to be repealed and replaced by new involved issues paper, draft report and legislation in the Autumn Session of submissions. Draft report recommended 2002. maintaining most restrictions, but removing licensing requirements for process servers, making minor changes to entry requirements, retaining option of imposing education requirements, and moving responsibility for the granting, renewal, variation or refusal of a licence to the Commissioner for Corporate Affairs. Act repealed by the Legislation Repeal Act 2000. Act repealed by the Legislation Repeal Act 2000. The Australian Securities Commission advised that the Act cannot be repealed yet. Commercial Bank of Australia Limited (Merger) Act 1982 DOJIR Commercial Banking Company DOJIR of Sydney Limited (Merger) Act 1982 Companies (Acquisition of Shares) (Application of Laws) Act 1981 DOJIR Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Code assessed as not restricting Review not required. competition. Code has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Companies (Acquisition of Shares) (Tasmania) Code DOJIR The Australian Securities Commission advised that the Code cannot be repealed yet. Page 305 Legislation Review Compendium Name of legislation Companies (Application of Laws) Act 1982 Agency DOJIR Major restrictions Review activity Reform activity The Australian Securities Commission advised that the Act cannot be repealed yet. Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Code assessed as not restricting Review not required. competition. Code has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Code assessed as not restricting Review not required. competition. Code has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Companies (Tasmania) Code DOJIR The Australian Securities Commission advised that the Code cannot be repealed yet. Companies and Securities DOJIR (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 The Australian Securities Commission advised that the Act cannot be repealed yet. Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code DOJIR The Australian Securities Commission advised that the Code cannot be repealed yet. Companies and Securities (Miscellaneous Amendments) Act (No. 2) 1982 DOJIR The Australian Securities Commission advised that the Act cannot be repealed yet. Page 306 8 Tasmania Name of legislation Companies and Securities Legislation (Miscellaneous Amendments) Act 1982 Agency DOJIR Major restrictions Review activity Reform activity The Australian Securities Commission advised that the Act cannot be repealed yet. Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Minor assessment completed. Restrictions on competition were justified as being in the public benefit. National review completed. The review's steering committee finalised and accepted the review report. Act assessed as not restricting competition. Restrictions on business licensing, naming and conduct in relation to existing loans under the Act only. Registration, and conduct. Review not required. Companies Auditors and Liquidators Disciplinary Board Act 1982 DOJIR The Australian Securities Commission advised that the Act cannot be repealed yet. Construction Industry (Long Service) Act 1997 Consumer Credit (Tasmania) Act 1996 Co-operative Housing Societies Act 1963 DIER DOJIR T&F Act to be repealed following expiry of the existing loans. Co-operative Industrial Societies Act 1928 DOJIR New legislation to replace this Act. New legislation will be based on national template and subject to gatekeeper provisions. Review of all areas of Corporations Law by New legislation to replace this Act. the Commonwealth review body underway. Corporations (Tasmania) Act 1990 DOJIR Applies Commonwealth Corporations Law within Tasmania. Page 307 Legislation Review Compendium Name of legislation Cremation Act 1934 Agency DPAC Major restrictions Review activity Reform activity Act to be repealed and replaced with new legislation to include matters related to burials. New legislation has been assessed under the LRP gatekeeper provisions and endorsed as not restricting competition or imposing a significant negative impact on business. In line with the March 2000 communique signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, Tasmania passed the Dairy Amendment Act 2000 on 26 May 2000, deregulating the industry from 1 July 2000. Act repealed and replaced by new dangerous goods legislation. The new legislation is based on the National Road Transport Commission's legislative model for transport of dangerous goods by road, which has been expanded to include the use, storage and handling of dangerous goods. The new legislation has been assessed under the legislation review program (LRP) gatekeeper provisions. Licences crematoriums, reserves Minor review completed. cremation to licensees, and methods of practise. Dairy Industry Act 1994 TDIA Vesting of milk in Tasmanian Dairy Industry Authority. Farmgate price-setting for market milk. Pooling of market milk returns. Licensing of farmers, processors, manufacturers and vendors. Requires the licensing of persons manufacturing dangerous goods. Persons may not possess dangerous goods without complying with certain requirements and premises must comply with prescribed requirements. The Dairy Industry Review Group concluded in July 1999. It recommended against immediate deregulation in favour of reform over 5 years. The recommendation was conditional on the outcome of the Victorian dairy review and the proposed national adjustment package. Dangerous Goods Act 1976 DIER Dangerous Goods Act 1998 Debits Tax Transfer Act 1990 DIER T&F New legislation. Review completed. Review not required. Conforms to national agreement. Page 308 8 Tasmania Name of legislation Dental Act 1982 Agency DHHS Major restrictions Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review activity Reform activity The Dental Practitioners Registration Act 2001 removes some restrictions on practice and all specific restrictions on advertising, and clarifies that there are no restrictions on ownership, among other things. Dental Practitioners Registration Act 2001 DHHS Restrictions on entry, title, registration, practice, and disciplinary provisions. Provides for the granting of a lease or licence to use any part of the land, buildings or structures of the airport. Assessed under the gatekeeper provisions in 2001. Act passed in April 2001, replacing the Dental Act 1982, the Dental Prosthetists Registration Act 1996 and the School Dental Therapy Act 1965. Act repealed by the Port Companies Act 1997. Devonport Airport (Special Provisions) Act 1980 DIER Dog Control Act 1987 P&C LGO Prohibits kennels and the keeping Minor review completed, finding that the of dogs for breeding purposes restrictive provisions are in the public without a licence. Sets standards interest. for dog breeders and imposes certain standards on all licensed kennels. Registration of dogs. Provides a railway agreement giving a competitive advantage to a particular company, potentially acting to restrict competition. Gives the company authority to construct and operate a railway. Defines a prescribed contract and Minor review completed. Restrictive prohibited contractual terms. provisions justified as being in the public Detailed information to be interest. incorporated under prescribed contracts. Limits the hours in which a dealer may call. Act replaced by the Dog Control Act 2000 which received Royal Assent on 20 December 2000. Don River Tramway Act 1974 DIER Act repealed by the Legislation Repeal Act 2000. Door to Door Trading Act 1986 DOJIR OCAFT Provisions retained without reform. Page 309 Legislation Review Compendium Name of legislation Education Act 1994 Agency DE Major restrictions Review activity Reform activity Requires non-government schools Major review completed in December 2000. Act retained without reform. to be registered. Review found the restrictions on competition to be justified in the public benefit. Requires providers of education to overseas students to be registered and enables conditions to be imposed on the conduct of registered education services. Major review completed in December 2000. Act retained without reform. Review found the restrictions on competition to be justified in the public benefit. Major review completed. Review recommended that the licensing and quota arrangements be removed from the Act. Further work being undertaken on the findings of the Review Group. Review not required. Act repealed by the Hydro-Electric Corporation (Consequential and Miscellaneous Provisions) Act 1996. Education Providers Registration (Overseas Students) Act 1991 DE Egg Industry Act 1988 DPIWE - Licensing of egg producers. EMB Producers must consign all second grade eggs to the Board for processing. T&F Electricity Consumption Levy Act 1986 Electricity Industry Safety and DIER Administration Act 1997 Licensing, registration, entry requirements (qualification, experience, suitable person, fit and proper person, nominated manager of electrical contracting business: licence and either experience or completed course), reservation of practice, disciplinary processes, and business conduct (electrical contractor to have insurance). Review not required. The Department has advised that the restrictive provisions of this Act are justified in the public benefit and in accord with uniform legislation existing in the other States. Page 310 8 Tasmania Name of legislation Agency Major restrictions Review activity Reform activity The Government is considering the review recommendations. Electricity Supply Industry Act T&F 1995 Requires licences for the Major review completed in September generation, transmission, 2001. distribution or retailing of electricity. Can compel acceptance of conditions of a national electricity code and may impose restrictions on re-supply in contracts with very large users of electricity. Provides a competitive advantage Review deferred pending proclamation of by releasing a particular company the Rail Safety Act 1997. from obligations as a common carrier (Common Carrier Act). Provides that the company is not entitled to any of the rights or privileges of a common carrier. Requires a permit to undertake waste dumping or incineration at sea. Essential provisions to prevent degradation of the environment. Requires a person carrying out a controlled activity to have authorisation and a TAFE certificate. Sets minimum standards for products in terms of air emissions. Restricts the importation of certain products. Essential provisions to prevent degradation of the environment. Restricts court room employment of shorthand writers to those who have been examined and licensed. Major review completed. Emu Bay Railway Act 1976 DIER Act replaced by the Rail Safety Act 1997 which has now been proclaimed. Environment Protection (Sea Dumping) Act 1987 DPIWE Act repealed by the Legislation Repeal Act 2000. Environmental Management DPIWE and Pollution Control Act 1994 The Government is progressively implementing the review recommendations. Evidence Act 1910 DOJIR Act to be replaced by new legislation in the Autumn Session of 2002. Page 311 Legislation Review Compendium Name of legislation Fair Trading Act 1990 Agency DOJIR OCAFT Major restrictions Motor vehicle traders mandatory code of practice covering business conduct (written contracts, warranty, complaints system, no deception, no false representation, no misleading advertising). Prohibits the sale of fertiliser unless the package has the prescribed label. Regulates the details to be included on the label. Sets standards for the composition of fertilisers. Review activity Minor review of the motor vehicle dealers code of practice completed in 1998. Restrictive provisions requiring manufacturers to provide warranties for motor vehicles and establishing a system for dealing with customer complaints justified as being in the public interest. Minor review completed. It found the restrictions to be in the public interest. No reform recommended. Reform activity The Government endorsed the review recommendations. Fertilisers Act 1993 DPIWE Financial Institutions Duty Act T&F 1986 Financial Management and Audit Act 1990 TAO Review not required. Requires the Auditor-General to Minor review completed in 1998 and the be the auditor of the Treasurer, recommendations of the review body will all government departments, soon be provided to the Government. statutory authorities and government business enterprises (GBEs). The formation of private fire brigades and salvage corps is prohibited unless authorised by the Tasmanian Fire Service. Minor review completed. The sole restriction on competition relating to the creation of salvage corps justified as being in the public benefit. Minor review completed. The restrictions on Act replaced the Guns Act 1991. competition justified as being in the public benefit. Fire Service Act 1979 TFS Firearms Act 1996 DOPPS Page 312 8 Tasmania Name of legislation Fisheries Act 1959 Agency Major restrictions Review activity Reform activity Act repealed in May 1996 by the Inland Fisheries Act 1995, the Living Marine Resources Management Act 1995, and the Marine Farming Planning Act 1995. New legislation included on the LRP. DPIWE - Prohibits persons carrying out IFC marine farming activities or fish processing without authorisation and/or licences. Requires licensing of private fisheries and restricts the methods and equipment for taking fish. Restricts the import of fish. Protection of a natural resource from unsustainable extraction and the introduction of a disease, organism, variety or disorder. DOJIR OCAFT The requirement to mark or label Minor review completed and the restrictive prescribed clothing (children's provision found to be in the public benefit. nightwear) with the flammability of the garment. Various food safety offences. Food to meet prescribed food standards. Registration of premises and vehicles. Licensing of food manufacturers and sellers. Flammable Clothing Act 1973 Food Act 1998 DHHS National review completed in 2000 (see the Act replaced the Public Health Act 1962. NSW Food Act 1989). All Australian governments agreed in Reviewed prior to introduction via the November 2000 to adopt the core gatekeeping process. provisions of the Model Food Bill by November 2001. Act to be retained without reform. Forest Practices Act 1985 FPB Requires preparation and Review by the Forest Practices Advisory certification of forest practices Council completed in 1998. Review plan before timber harvesting can recommended no reform. start. Declaration of private timber forests. Prescribes forest practices under the Forest Practices Code. Operators harvesting more than 100 000 tonnes per annum must submit a 3 year plan for approval by the Forest Practices Board. Page 313 Legislation Review Compendium Name of legislation Forestry Act 1920 Agency FT Major restrictions Exclusive control and management of State forests by the Forestry Corporation. Licensing of timber collection and of taking of other resources. Administrative discretion over how licences and produce are allocated and priced. Minimum supply of logs for veneer and sawmilling industries. Wood supply agreements to contain certain conditions. Permits to occupy and use State forest. Registration of timber workers. Requires friendly societies to be registered. Requires that two friendly societies conducting the business of a chemist must be within a distance of 11 km of the Hobart or Launceston GPO. Review activity Review by an external consultant completed in 1998. Review noted that minimum supply restrictions are anticompetitive and recommended simplifying the Act and removing certain conditions of wood supply agreements. The minimum supply restrictions were found to be of public benefit during the process to establish a Regional Forest Agreement. Reform activity The Government accepted the review recommendations and will introduce legislation to remove all restrictions other than on minimum supply levels. Friendly Societies Act 1888 T&F Act repealed and replaced by the Friendly Societies Code. The Code also repealed. Friendly Society legislation now falls under Commonwealth jurisdiction. The Australian Securities Commission advised that the Act cannot be repealed yet. Futures Industry (Application of Laws) Act 1987 DOJIR Act assessed as not restricting Review not required. competition. Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Code assessed as not restricting Review not required. competition. Code has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Futures Industry (Tasmania) Code DOJIR The Australian Securities Commission advised that the Code cannot be repealed yet. Page 314 8 Tasmania Name of legislation Gaming Control Act 1993 Agency T&F Major restrictions Grants exclusive rights to specific companies to conduct casino operations and operate gaming machines in Tasmania. Requires gaming equipment to meet the approval of the Gaming Commission. Limitations on the availability of gaming to minors. Review activity Minor review completed as part of a review of the State's gaming legislation. Review recommended that the Casino Company Control Act be repealed, that the Gaming Commission be given discretion to determine who was to be included on the roll of manufacturers and suppliers of gaming equipment and the Commission be given greater discretion to approve a standard form of contract. Reform activity The Government agreed to the review recommendations. The Casino Company Control Act was repealed in 2000 and the other two recommendations were implemented in June 2001. Gas Franchises Act 1973 DIER Grants franchise holders (Hobart and Launceston Gas Companies) exclusive rights to supply gas by reticulation or in bulk in their respective franchise areas. Review not required. Requires labelling of footwear and textiles. Limits the materials that can be used in footwear and requires safety footwear to comply with Australian standards requirements. Minor review completed. The key restrictive provision, the requirement for manufacturers to disclose the materials from which textile products are made, found to be in the public benefit. Review completed. Act repealed. Goldamere Pty Ltd (Agreement) Act 1996 Goods (Trade Descriptions) Act 1971 DSD DOJIR OCAFT Restrictive provision relating to textile products retained. New regulations have been made which replace provisions regarding safety footwear. Grain Reserve Act 1950 DPIWE - Exempts the Tasmanian Grain TGEB Elevators Board from Council rates and protects it from being sued. DOPPS Requires gun owners and firearm dealers to be licensed. Essential provisions to limit the availability of potentially dangerous goods such as guns. The anticompetitive sections of the Act repealed. Guns Act 1991 Act repealed on 13 November 1996. The repealing Act, the Firearms Act 1996, included on the LRP. Page 315 Legislation Review Compendium Name of legislation Hairdressers' Registration Act 1975 Agency DIER Major restrictions Licensing, registration of hairdressers (hairdresser, master, principal), entry requirements, business conduct (licensing of hairdressers' premises, premises compliance with prescribed requirements in relation to design, construction, furnishings and equipment). Review activity Review by officials completed. Review recommended the Act be repealed. Reform activity Act to be repealed by the Legislation Repeal Bill 2001. Hellyer Mine Agreement Ratification Act 1987 Henry Jones Limited (Huon Pine) Agreement Act 1978 Hire-Purchase Act 1959 T&F FT Ratifies an agreement allowing a company to cut and take a specific quantity of Huon Pine. Review not required. Act repealed by the Legislation Repeal Act 1998. Act repealed by the Legislation Repeal Act 2000. DOJIR OCAFT Relates to hire purchase Review not required. contracts taken out prior to the introduction of Consumer Credit Code. Specifies the conditions of a legal hire-purchase agreement. It specifies the standards that must be met in writing a legal hire-purchase contract. Places restrictions on building work on places of historic heritage significance that may affect historic cultural heritage. Review, in conjunction with the Land Use Planning and Approvals Act 1993, completed. Historic Cultural Heritage Act 1995 DPIWE The Government is preparing legislation to implement the review recommendations. HIV/AIDS Preventative Measures Act 1993 DHHS Provides for licensing/approvals Minor review completed in 1998, finding involved in areas associated with the restrictive provisions as being in the testing, counselling and public benefit. treatment of HIV/AIDS sufferers, restricts the manufacture and sale of HIV testing kits. Sets guidelines on medical and surgical procedures. Page 316 8 Tasmania Name of legislation Hobart Bridge Act 1958 Agency DIER Major restrictions Restricts the business of passenger ferry services on the Derwent River. Provides a contractual agreement effectively establishing a monopoly with one licensed operator. Establishes the Hobart Town Gas Company to provide Hobart with gas powered street lights. Specifies conduct of the company and sets lighting standards to be met. Gives the company powers not afforded to potential competitors, such as entering premises, and recovering property on 24 hours notice. Licensing, and requires certain qualifications to be held by hospital managers. Review activity Reform activity Act repealed by the Legislation Repeal Act 1996. Hobart Town Gas Company's Act 1854 DOJIR Act repealed. Hobart Town Gas Company's Act 1857 DOJIR Act repealed. Hospitals Act 1918 DHHS Review completed. The Government is considering the review recommendations. Housing Indemnity Act 1992 DOJIR OCAFT DE Requires builders to obtain an Review completed, finding the restrictive indemnity insurance policy before provisions to be in the public benefit. performing building work. Combines the Hutchins School and a trust and gives the school the power to lease land that it otherwise could not. Provides a possible advantage not given to other schools. Review not required. Act repealed. Hutchins School Act 1911 Page 317 Legislation Review Compendium Name of legislation Hydro-Electric Commission (Doubts Removal) Act 1972 Agency HEC Major restrictions Review activity Reform activity Act repealed on 6 November 1996. The repealing Acts were included on the LRP: the Electricity Supply Industry Act 1995 and the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Act repealed on 6 November 1996. The repealing Acts were included on the LRP: the Electricity Supply Industry Act 1995 and the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Act repealed on 6 November 1996. The repealing Acts were included on the LRP: the Electricity Supply Industry Act 1995 and the Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995. Provides the Hydro-Electric Review not required. Commission (HEC) with the power to do all such acts, matters and things in relation to the specified area of Crown land as are necessary to construct and carry out works. Provides the HEC with the power Review not required. to do all such acts, matters and things in relation to the specified area of Crown land as are necessary to construct and carry out works. Market entry, competitive Review not required. conduct, and product service innovation. Prohibits the generation and/or transmission of electricity without the consent of the Hydro-Electric Commission (HEC). Establishes pricing rules and prohibits electrical wiring work and the sale of electrical fittings unless approved by the HEC. Confers Ida Bay Railway with an Review not required. exemption from the provisions of the National Parks and Wildlife Act 1950 and the Railway Management Act 1935. Hydro-Electric Commission (Doubts Removal) Act 1982 HEC Hydro-Electric Commission Act HEC 1944 Ida Bay Railway Act 1977 DPIWE Act repealed in April 2001. Page 318 8 Tasmania Name of legislation Inland Fisheries Act 1995 Agency Major restrictions Review activity Review completed. The review report, in the form of a RIS, concluded that most restrictions are justified but recommended some simplifications such as abolishing certain licence classes. Reform activity Review recommendations to be implemented. DPIWE - Licensing of commercial fishers IFC and fish farms. Registration of private fisheries, fish processors and sellers. Restricts the methods and equipment that can be used to take or kill fish. Limits the size and sex of fish that can be taken. Restricts the importation of fish. DIER Iron Ore (Savage River) Agreement Act 1965 Review not required. Act to be repealed. Act originally thought repealed by either the Goldamere Pty Ltd (Agreement) Act 1996 or the Iron Ore (Savage River) Arrangements Act 1996. Act not repealed because the royalty regime referred to in the Act is still being applied. Act to be repealed. Act originally thought repealed by either the Goldamere Pty Ltd (Agreement) Act 1996 or the Iron Ore (Savage River) Arrangements Act 1996. Act not repealed because the royalty regime referred to in the Act is still being applied. Act to be repealed by the Legislation Repeal Act 2001. Act originally thought repealed by either the Goldamere Pty Ltd (Agreement) Act 1996 or the Iron Ore (Savage River) Arrangements Act 1996. Act not repealed because the royalty regime referred to in the Act is still being applied. Iron Ore (Savage River) Arrangements Act 1996 DSD Review not required. Iron Ore (Savage River) Deed DIER of Variation Act 1990 Review not required. Land and Income Taxation Act T&F 1910 Review not required. Page 319 Legislation Review Compendium Name of legislation Land Surveyors Act 1909 Agency DPIWE Major restrictions Licensing, registration, entry requirements (age, good fame and character, competency (education, experience and exam)), reservation of practice, disciplinary processes, and business conduct (number of supervised graduates, discretionary power for Surveyors Board to publish and enforce a scale of fees, survey practice standards). Review activity Review completed in July 1999 and report released in December 2000. Review recommended retaining the following restrictions: registration, annual licensing, disciplinary processes, experience (but replacing two years of supervised training with appropriate course of postgraduate training) and minimum standards (but less prescriptive and more output focused). Review also recommended removing the following restrictions: the number of graduates under supervision and power for the board to set fees. Reform activity The Government released a draft response for comment, proposing an alternative, less-restrictive, competency-based co-regulation model. The model would establish a single public register of all surveyors, with mandatory registration of land surveyors, voluntary registration of surveyors in non-cadastral disciplines and voluntary registration of multidisciplinary competency certification for all registered surveyors. The Government would not be directly involved in the assessment of competency. Rather, an accredited professional organisation would assess professional competency. The model is being assessed by an interdepartmental group. Land Tax Act 1995 Land Use Planning and Approvals Act 1993 T&F DPIWE Review not required. Requires the observance of Review completed in 2000. planning schemes by planning authorities in respect of all use or development within a certain area. Requires persons undertaking certain developments to apply to the planning authority for a permit. The Government is preparing legislation to implement the review recommendations. Page 320 8 Tasmania Name of legislation Land Valuation Act 1971 Agency DPIWE Major restrictions Gives the Valuer-General a monopoly on the provision of valuation services to local government for the setting of valuations for the purpose of determining local rates. Review activity Reform activity Major review, in conjunction with the The Government plans to introduce Valuers Registration Act, completed. legislative changes to Parliament during Review recommended tendering for all the Spring 2001 session. statutory mass valuation work and retaining the role of the Valuer-General. The Valuer-General would be responsible for developing and monitoring valuation standards and information requirements, determining the length of the revaluation cycle, administering valuation lists and coordinating the collection of information, and being the avenue of appeal. Also recommended greater administrative separation of the Valuer-General and the Government Valuation Services, and the abolition of the Valuers Registration Board. Act substantially amended by new legislation. Remaining sections to be repealed once an accurate map of the pipeline network has been completed. Launceston Gas Company Act 1982 DOJIR Gives the Launceston Gas Company powers that are not available to potential competitors in the gas supply market. For example, they are given the power to 'break up public roads' without council approval, and only needing to give 24 hours notice. Provides the Launceston Savings, Investment and Building Society with the power to invest in a specific property that it may not have been able to under the Building Societies Act 1876. Launceston Savings Investment and Building Society Act 1955 DOJIR Act repealed by the Legislation Repeal Act 1996. Page 321 Legislation Review Compendium Name of legislation Legal Profession Act 1993 Agency DOJIR Major restrictions Review activity Reform activity The Government is considering the review recommendations. Licensing, registration, entry Major review completed. requirements, disciplinary processes, reservation of title and practice, business conduct (including monopoly professional indemnity insurance, operation of mandatory trust accounts and advertising (power to Council of Law Society to make rules)). Relates to money lending contracts taken out prior to the introduction of Consumer Credit Code. Requires that money lenders be registered. Review not required. Lending of Money Act 1915 DOJIR OCAFT Act repealed by the Legislation Repeal Act 2000. Liquor and Accommodation Act T&F - LC Prohibits granting of a liquor Review underway. 1990 licence in connection with supermarket activities. Regulates the sale of liquor. Minimum sale of 9 litres required for non hotel outlets. Provides an appellation system for Tasmanian wine. Living Marine Resources Management Act 1995 DPIWE Licensing of fishers, handlers, processors and marine farmers. Input controls on gear, vessel operations, and handling and storage standards. Output controls such as quotas, size limits and species. Prohibits importation of live fish into Tasmania. Review completed. It recommended retaining all restrictions. Act to be retained without reform. Page 322 8 Tasmania Name of legislation Agency Major restrictions Review activity Reform activity Minor amendments to be introduced in the Spring 2001 Session of Parliament. Local Government (Highways) P&C Act 1982 LGO Provides for the creation, Minor review completed. construction, maintenance and management of highways and establishes construction standards. Empowers councils to make by-laws prohibiting the carriage of certain materials over local highways unless licensed. Enables councils to make by-laws Review completed. in respect of any matter or thing, such as fees and licences and the execution of works, for which the council has a function of power under this or any other Act. Provides for the control of building and plumbing work, setting of product and construction standards and application of the Building Code of Australia to Tasmania. Prohibits cesspools and the inhabitation of houses that do not have sanitation facilities. Requires the registration of premises used for offensive trades (tanneries, etc), the licensing of night-soil disposal systems and places of public entertainment. Local Government Act 1993 P&C LGO By-law making power removed. Local Government (Building and Miscellaneous Provisions) Act 1993 - (except in relation to health issues and Part III (subdivisions)) Local Government (Building and Miscellaneous Provisions) Act 1993 - (in so far as it relates to health issues) DIER Assessed under the gatekeeper provisions. The building provisions replaced by the Building Act 2000. DHHS Relevant provisions transferred to the Public Heath Act 1997. Page 323 Legislation Review Compendium Name of legislation Local Government (Building and Miscellaneous Provisions) Act 1993 (Part III) Agency DPIWE Major restrictions Provides for the control of building and plumbing work, the setting of product and construction standards and application of the Building Code of Australia to Tasmania. Provides for the approval of subdivisions and restrictions on the use of water. Review activity Review not required. Reform activity Legislation replaced by the Building Act 2000. Building Act assessed under legislation gatekeeper provisions. Marine (Consequential Amendment Act) 1997 Marine Act 1976 DIER Provided for the survey of marine vessels and equipment. Established standards for marine vessels and equipment through the adoption of national codes and standards. Marine safety arrangements. DPIWE Marine farming not to occur outside marine farming zones; lease required to operate a marine farm; and a person must not do anything that is contrary to any marine farming development plan. New legislation. Assessed under legislation gatekeeper provisions. Act repealed on 30 July 1997 and replaced by the Marine and Safety Authority Act 1997, the Port Companies Act 1997, and the Marine (Consequential Amendment) Act 1997. These Acts were assessed under legislation gatekeeper provisions. New legislation. Assessed under legislation Act replaced the Marine Act 1976. gatekeeper provisions. Review completed. Review recommended retaining all restrictions. Act to be retained without reform. Marine and Safety Authority Act 1997 Marine Farming Planning Act 1995 Page 324 8 Tasmania Name of legislation Meat Hygiene Act 1985 Agency DPIWE Major restrictions Review activity Reform activity Reform legislation to be considered in the Spring 2001 Session of Parliament. Prohibits the operation of Review completed. abattoirs and slaughterhouses without a licence and provides for conditions to be attached to licences. Prohibits persons from selling or bringing meat into Tasmania unless it is fit for human consumption. Restrictions on entry, registration, title, practice, and disciplinary provisions. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review underway. Medical Act 1959 DHHS Act repealed on 21 August 1996 and replaced by the Medical Practitioners Registration Act 1996, which is included on the LRP. Medical Practitioners Registration Act 1996 DHHS Medical Radiation Science Professionals Registration Act 2000 Mental Health Act 1963 DHHS Restrictions on entry, title, New legislation. Assessed under legislation Act passed in November 2000. registration, and disciplinary gatekeeper provisions. provisions. Requirements for professional indemnity insurance. Restricts the admission of involuntary mental patients to public hospitals only. Act repealed and replaced by the Mental Health Act 1996. New legislation. Assessed under legislation Act replaced the Mental Health Act gatekeeper provisions in 1999. 1963. The 1996 Act addressed the restriction contained in the 1963 Act. Places restrictions on shipping crews through the adoption of International Labour Conventions. New legislation. Assessed under legislation gatekeeper provisions. Act repealed by the Legislation Repeal Act 1998. DHHS Mental Health Act 1996 DHHS Merchant Seamen Act 1935 DIER Metro Tasmania Act 1997 DIER Page 325 Legislation Review Compendium Name of legislation Metropolitan Transport Act 1954 Agency DIER Major restrictions Places restrictions on the provision of public bus services within a 22 kilometre radius of the Hobart general post office (GPO) and a 12 kilometre radius of the Launceston GPO. Review activity Reform activity Act replaced by the Metro Tasmania Act 1997 and the Metro Tasmania (Transitional and Consequential Provisions) Act 1997. Mineral Resources Development Act 1995 Mining Act 1929 DIER Provides for a system of licences Review completed. All restrictions and leases governing the considered to be justified in the public exploitation of mineral resources. interest. Act to be retained without reform. DIER Act repealed on 1 July 1996 and replaced by the Mineral Resources Development Act 1995. New Act included on the LRP in place of this Act. Prohibits auctions whereby it is a Review not required. normal auction, but items are sold at a price lower than the highest bid, ie no kick backs allowed. Act repealed by the Legislation Repeal Act 2000. Mock Auctions Act 1973 DOJIR OCAFT Motor Accidents (Liabilities and Compensation) Act 1973 MAIB Mandatory insurance, monopoly Major review completed in 1997, The Government agreed to the review insurer, and centralised premium recommending retention of the monopoly. recommendations. setting. In considering its approach, Tasmania will review the outcome of the Victorian review of its Compulsory Third Party (CTP) insurance. Sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway. Act repealed by the Legislation Repeal Act 1998. Mount Dundas and Zeehan Railway Act 1890 DIER Page 326 8 Tasmania Name of legislation Mount Dundas and Zeehan Railway Act 1891 Agency DIER Major restrictions Sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway. Provides the company with the power to construct a railway through public and private lands. Specifies quality levels to be met in the construction of the railway. Specifies railway construction standards to be met by this railway. Provides the company with the power to alter the course of the railway through public and private lands. It provides the company with greater rights of acquisition than is available to other companies under the law. Restricts the ability of the company to set freight rates. As a monopoly provider of rail services to Strahan the Government empowered itself to oversee the private freight fees charged by the company. Provides the company with an extension to its rights over public and private lands. Review activity Reform activity Act repealed by the Legislation Repeal Act 1998. Mount Lyell and Strahan Railway Act 1892 DIER Act repealed by the Legislation Repeal Act 1996. Mount Lyell and Strahan Railway Act 1893 Mount Lyell and Strahan Railway Act 1896 DIER Act repealed by the Legislation Repeal Act 1996. Act repealed by the Legislation Repeal Act 1996. DIER Mount Lyell and Strahan Railway Act 1898 DIER Act repealed by the Legislation Repeal Act 1996. Mount Lyell and Strahan Railway Act 1900 DIER Act repealed by the Legislation Repeal Act 1996. Page 327 Legislation Review Compendium Name of legislation Agency Major restrictions The Act authorises the issue of special leases and licences to the Company in order for it to acquire 'a more certain tenure of the lands, water and other rights'. The Company has sole rights to timber on any lands in the lease. Review activity Reform activity Act repealed by the Mt Read and Rosebery Mines Limited Leases (Repeal) Act 1999. Mount Read and Rosebery DIER Mines Limited Leases Act 1916 National Parks and Wildlife Act DPIWE 1970 Provides for conditions to be Minor review underway. placed on the commercial use of Crown land and limits the number and type of licenses that can be issued. Provides the company with the power to construct a railway through public and private lands. Specifies quality levels to be met in the construction of the railway. Provides the company with more land for its railway and retrospectively approves certain new railway constructions. Specifies the conduct and form of leasing arrangements that the company can enter into. Prohibits the importation into Review not required. Tasmania of any noxious insect or mollusc, except for scientific purposes and with the prior approval of the Minister. Prohibits the sale of any infested animal or good. Act repealed by the Legislation Repeal Act 1996. North Mount Lyell and Macquarie Harbour Railway Act 1897 DIER North Mount Lyell Mining and Railway Act 1901 DIER Act repealed by the Legislation Repeal Act 1996. Noxious Insects and Molluscs Act 1951 DPIWE Act repealed and replaced by the Plant Quarantine Act 1997. Page 328 8 Tasmania Name of legislation Noxious Weeds Act 1964 Agency DPIWE Major restrictions Review activity Reform activity Act expected to be repealed and replaced by a new Act that will be subject to assessment under legislation gatekeeper provisions (CPA clause 5(5)). Provides for the declaration of Review not required. 'infected areas' and prohibits the movement of plants and animals from that area. Prohibits the importation of banned weeds and unidentified plants. Controls the importation of seeds, aquatic plants and animals. Restrictions on entry, registration, title, practice, and disciplinary provisions. Restrictions on entry, registration, title, practice, and disciplinary provisions. Restrictions on entry, registration, title, practice, advertising, ownership, and disciplinary provisions. Review completed in 1999. Restrictions related to registration assessed as providing a net community benefit as they provide information to the consumer. Review completed and recommendations being drafted for consideration by the Government. Nursing Act 1987 DHHS Act repealed 1 July 1996 and replaced by the Nursing Act 1995. Nursing Act 1995 included on LRP. The Nurses Amendment Act 1999 removes restrictions other than registration. Nursing Act 1995 DHHS Optometrists Registration Act 1994 DHHS Partnership Act 1891 DOJIR Restricts partners competing with Minor review completed. Review found the partnership. restrictive provisions to be justified in the public benefit. Licensing, business conduct. Review not required. Act repealed in 1996 by the SecondHand Dealers and Pawnbrokers Act 1994. Pawnbrokers Act 1857 DOJIR Pay-roll Tax Act 1971 T&F Review not required. Page 329 Legislation Review Compendium Name of legislation Pesticides Act 1968 Agency DPIWE Major restrictions Review activity Reform activity Act repealed on 1 January 1997 by the Agricultural and Veterinary Chemicals (Control of Use) Act 1995, which is included on LRP. Provides for the registration of Review not required. pesticides and prohibits their sale unless registered. Prohibits the sale of foodstuffs that contain pesticide residue above the permitted tolerance. Controls the packaging, labelling and use of pesticides. Regulates exploration for and development of undersea petroleum resources. This legislation forms part of a national scheme. National review completed in 1999-2000. Endorsed by the Australian and New Zealand Minerals and Energy Council (ANZMEC) Ministers. Petroleum (Submerged Lands) DIER Act 1982 Amendments to be developed by the Commonwealth and subsequently reflected in State and Territory legislation. Act repealed as a result of the High Court ruling of August 1997 that States are unable to collect franchise fees. Petroleum Products Business Franchise Licences Act 1981 Petroleum Products Emergency Act 1994 T&F DOPPS Provides for the licensing and prohibition of sale of petroleum products and the rationing of petroleum sales in an emergency. Review not required. The legislation requires that any restrictions must be justified in the public benefit, therefore no further justification considered necessary. Page 330 8 Tasmania Name of legislation Pharmacy Act 1908 Agency DHHS Major restrictions Restrictions on entry, registration, title, practice, advertising, business, ownership, and disciplinary provisions. Review activity Drugs and poisons regulation were part of the Galbally Review. Draft review report released in September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. National Review of Pharmacy Regulation (Wilkinson Review) completed in February 2000. The review recommended retaining 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. A State-based review was completed in January 1998. This review did not encompass the ownership issues to be considered as part of the national review. Reform activity Act expected to be replaced by new legislation consistent with the national review outcomes, which will be assessed under Tasmania’s legislation gatekeeper provisions. Physiotherapists Registration Act 1951 DHHS Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review completed in 1999. Restrictions related to registration assessed as providing a net community benefit as they provide information to the consumer. Act repealed and replaced by the Physiotherapists Registration Act 1999. Page 331 Legislation Review Compendium Name of legislation Physiotherapists Registration Act 1999 Agency DHHS Major restrictions Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review activity See the Physiotherapists Registration Act 1951. New legislation implemented after assessment under gatekeeper provisions. Introduces professional indemnity insurance requirement, and can provide for continuing professional education regulations. Maintains limited reserved practice (manipulation and electrical). Business restrictions and licensing removed. Reform activity Act replaced the Physiotherapists Registration Act 1951. Plant Diseases Act 1930 DPIWE Provides for the Governor to prohibit the introduction into Tasmania of any plant that is likely to introduce any disease or noxious organism. Prohibits the movement and export of diseased plants. Minister may prohibit the sale of anything found in an 'infested area' and may prohibit any article, goods or material from being imported into Tasmania. Prohibits exportation of diseased plants unless in accordance with restrictions. Act repealed and replaced by the Plant Quarantine Act 1997. Plant Protection Act 1994 DPIWE Act repealed by the Plant Quarantine Act 1997. The Plant Protection Act 1994 was passed by Parliament in 1994, but not proclaimed due to inadequacies which later came to light. Plant Quarantine Act 1997 DPIWE Relates to the management of noxious plants, insects and molluscs. Assessed under legislation gatekeeper provisions. Page 332 8 Tasmania Name of legislation Plumbers and Gas-fitters Registration Act 1951 Agency DIER Major restrictions Licensing, registration, entry requirements (qualification or experience, apprenticeship and exam), reservation of practice (sanitary, mechanical services, water and backflow prevention plumbing, draining and roof plumbing, any other plumbing work, gasfitting), and disciplinary processes. Restrictions on entry, registration, title, advertising, ownership, and disciplinary provisions. Restrictions on entry, registration, title, advertising, ownership, and disciplinary provisions. Review activity Reform activity Review completed in 1998. The Government is considering the Recommendations included reducing areas review recommendations. of reservation of practice; limiting qualifications and experience required for registration to demonstrate competence; and implementing an appropriately constituted self-certification system; and amalgamating registration and plumbing inspection systems to reduce overlap and reduce the current regulatory burden on plumbers. Review completed in 2000. Review Act repealed on 1 July 1996 and recommended that advertising and replaced by the Podiatrists Registration ownership restrictions be removed from the Act 1995 which is included on the LRP. Act. Review completed in 2000. Review Advertising and ownership restrictions recommended that advertising and removed from the Act in November ownership restrictions be removed from the 2000. A professional indemnity Act. insurance requirement was introduced. The Department is drafting legislation to replace the Poisons Act 1971 with two separate Bills dealing with licit drug use and illicit drug use. These Bills are being progressed under the LRP gatekeeper provisions. Two anticompetitive provisions repealed and those remaining have been justified as being in the public benefit. Podiatrists Registration Act 1974 DHHS Podiatrists Registration Act 1995 DHHS Poisons Act 1971 DHHS Requires the licensing of Part of Galbally Review. Final review report manufacturing and wholesale under consideration by the Australian chemists, and restricts the sale or Health Ministers Advisory Council (AHMAC). supply of narcotic or prohibited substances. Prohibits the sale of new drugs until they are classified. Requires the licensing of tanners, Minor review completed. motor racing events, wood stacks, fund raising, money lending and boxing. Police Offences Act 1935 DOPPS Port Arthur Historic Site Management Authority Act 1987 PAHSMA Imposes restrictions on Outcome of review of the National Parks commercial operations in the Port and Wildlife Act 1970 will apply. Arthur Historic Site area. Page 333 Legislation Review Compendium Name of legislation Port Companies Act 1997 Port Huon Wharf Act 1955 Primary Industry Activities Protection Act 1995 Agency DIER T&F DPIWE Major restrictions Establishes port authorities. Restrictions on port access. Review activity Assessed under legislation gatekeeper provisions. Reform activity Act repealed on 30 July 1997. Provides legal protection from a Minor review completed. No reform claim of nuisance from new recommended. It found the restrictions to adjoining subdivisions for be justified in the public interest. established primary producers, but not to new ones entering the market. Requires printed matter to carry printer's name and address. Prohibits the sale of printed matter that does not bear printer's name and address. Restrictions on entry, registration, title, advertising, and disciplinary provisions. Review completed in 2000. Restrictions related to registration assessed as providing a net community benefit as they provide information to the consumer. Act repealed by the Legislation Repeal Act 1998. Printers and Newspapers Act 1911 DOJIR Psychologists Registration Act DHHS 1976 Act replaced by the Psychologists Registration Act 2000. Psychologists Registration Act DHHS 2000 Restrictions on entry, Assessed under legislation gatekeeper registration, title, and disciplinary provisions. provisions. Act replaced the 1976 Act. The 2000 Act removes restrictions on advertising and reservation of practice, and streamlines complaints and administration procedures. Act repealed and replaced by the Public Health Act 1997 and the Food Act 1998. Public Health Act 1962 DHHS Prohibits persons other than medical practitioners from treating patients suffering from certain diseases. The Act prescribes food labelling requirements and sets food standards. Requires the registration of, and sets standards for, food premises. Page 334 8 Tasmania Name of legislation Public Health Act 1997 Agency DHHS Major restrictions Review activity Assessed under legislation gatekeeper provisions. The Commonwealth is consulting with the States on national review of food regulation, including a review of the Australia and New Zealand Food Authority Council Act and the Model Food Act. Reform activity Act replaced the Public Health Act 1962. Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 FT Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. Provides for the licensing of thoroughbred horses and greyhounds and persons involved in this type of racing. Controls thoroughbred and greyhound racing in Tasmania. Requires the registration of bookmakers, bookmakers' clerks, racing clubs and race courses. Restricts race meetings, telephone sports betting, bookmaker betting activities and the appointment of officials. Prohibits proprietary racing. Limitations on the availability of gaming to minors. Act repealed by the Legislation Repeal Act 1995. Racing Act 1983 DIER Following the restructure of the racing industry in 2000, new racing legislation is being drafted for introduction into the Autumn Session 2002. The new legislation will be assessed under legislation gatekeeper provisions. Following the restructure of the racing industry in 2000, new racing legislation is being drafted for introduction in the Autumn Session 2002. The new legislation will be assessed under legislation gatekeeper provisions. Racing and Gaming Act 1952 (except in relation to minor gaming) DIER Racing and Gaming Act 1952 (minor gaming) T&F Minor review completed as part of review of The gaming components of this Act the State's gaming legislation. transferred to the Gaming Control Act and were assessed under legislation gatekeeper provisions. Page 335 Legislation Review Compendium Name of legislation Racing and Gaming Act 1952 (in so far as it relates to totalisator betting) Agency Major restrictions Review activity Reform activity Legislation expected to be replaced following a restructure of the racing industry. The new legislation will be assessed under legislation gatekeeper provisions. New radiation control legislation currently being drafted and to be assessed under legislation gatekeeper provisions. T&F and Restrictions on totalisator betting. DIER Radiation Control Act 1977 DHHS Prohibits unlicensed dealings with National review completed. radioactive materials and electronic products. Enables requirements to be imposed on premises and requires the registration of certain products and materials. Restrictions on entry, registration, title, practice, and disciplinary provisions. Gives the Transport Commission the power to issue licences to reopen abandoned railways. Exempts railway buildings from planning laws. Establishes a price fixing regime, whereby rail freight charges cannot be set at a level higher than those applying to railways of the Commonwealth outside Tasmania. Radiographers Registration Act DHHS 1971 Act replaced by the Medical Radiation Technologists Registration Act 1999, which was assessed under legislation gatekeeper provisions. Legislation to repeal this Act passed by Parliament, but not proclaimed. Further opinion is being sought in relation to the regulation making power of the Railway Management Act and its impact on existing bylaws. Act became redundant following the sale of Tasrail to the Commonwealth and the return to State ownership of railway land in accordance with the Railways Agreement between the Commonwealth and State Government. Repealed by the Legislation Repeal Act 1998. Review deferred pending proclamation of the Rail Safety Act 1997. Act repealed by the Legislation Repeal Act 1998. Railway Management Act 1935 DIER Railways (Transfer to Commwealth) Act 1975 DIER Railways Clauses Consolidation DIER Act 1901 Authorises the construction of railways or tramways and sets fares, construction standards, rates and charges. Page 336 8 Tasmania Name of legislation Renison Limited (Zeehan Lands) Act 1970 Retirement Benefits Act 1993 Agency DPIWE RBFB Major restrictions Vests certain land to Renison Limited. Review activity Reform activity Act repealed by the Legislation Repeal Act 1998. Review not required. Choice of funds for new and existing contributors introduced. Move to fund existing public scheme. Roads and Jetties Act 1935 DIER Prohibits persons from moving vehicles or livestock so as to cross the side boundary of a limited access road without authority to do so. All Statutes and Statutory Rules to be sent to the Government Printer and shall be numbered, printed and sold by the Printer as prescribed. Provides administrative discretion to the Chief Parliamentary Counsel to decide whom to appoint as the Government Printer. Minor review completed. Review concluded The Government accepted the review that restrictions related to limited access recommendations. provisions should be retained because they are in the public interest. Restrictive provisions repealed by the Legislation Publication Act 1996 which was proclaimed in early 1998. The repealing legislation was assessed under legislation gatekeeper provisions as not restricting competition or impacting on business. Rules Publication Act 1953 DOJIR Sale of Condoms Act 1987 DHHS Requires the installers of condom Minor review completed. vending machines to be licensed. Prohibits certain advertisements and the sale and supply of particular condoms. Requires that condoms meet certain standards. Enables the prohibition of the Minor review completed. The restrictive sale of certain products which are provisions have been justified as being in determined to be hazardous. the public benefit. Ratifies the Joint Venture Agreement which gives SALTAS a monopoly on the production of salmon smolt. Act repealed. Sale of Hazardous Goods Act 1977 Salt-water Salmonid Culture Act 1985, and Salt-water Salmonid Culture (Supplementary Agreements Validation) Act 1992 DOJIR OCAFT DPIWE Act repealed by the Legislation Repeal Act 1998. Page 337 Legislation Review Compendium Name of legislation Agency Major restrictions Restrictions on entry, registration, title, practice, advertising, can only treat children up to 16 years, limits practice to the public sector, imposes disciplinary provisions. Licensing, business conduct. Review activity Reform activity Act replaced by the Dental Practitioners Registration Act 2001. Most restrictions on practice removed, including the limit on public sector employment. School Dental Therapy Service DHHS Act 1965 Second-hand Dealers Act 1905 DOJIR Review not required. Act repealed in 1996 by the SecondHand Dealers and Pawnbrokers Act 1994. The Government endorsed the review recommendation. Second-hand Dealers and Pawnbrokers Act 1994 DOJIR OCAFT Negative licensing (pawnbrokers, Minor review completed. Review found second-hand dealers), restrictive provisions to be justified in the registration (notification at public benefit. nearest police station), entry requirements (fit and proper person, not convicted of offence against the Act or offence involving dishonesty), reservation of practice, disciplinary processes, and business conduct (pawnbrokers: prescribed records, redemption period of six months, auction of forfeited goods; second-hand dealers: prescribed records, holding of goods for prescribed period, requirement that seller provide identification, cooperation with police). Act assessed as not restricting Review not required. competition. The Act has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Securities Industry DOJIR (Application of Laws) Act 1981 Page 338 8 Tasmania Name of legislation Agency Major restrictions Review activity Reform activity The Australian Securities Commission advised that the Code cannot be repealed yet. Securities Industry (Tasmania) DOJIR Code Code assessed as not restricting Review not required. competition. The Code has effect only in relation to breaches that occurred prior to the introduction of the Corporations (Tasmania) Act 1990. Prohibits the importation of certain seeds and the sale of seeds if the quality of those seeds is less than prescribed, or if they are mixed with other seeds in the wrong proportion or with seeds which are infected. Review not required. Seeds Act 1985 DPIWE The Seeds Amendment Act 1999 removed the restrictive provisions from this Act. Shop Trading Hours Act 1984 DIER Major retailers (shops employing Work being undertaken by the Shop more than 250 people) are Trading Hours Review Group. prohibited from trading during prescribed periods, these being Sundays, public holidays and weekdays after 6:00pm, other than Thursday and Friday. Review not required. Requires a licence for commercial artificial breeding. Enables the Minister to prohibit or restrict the movement of any animals into Tasmania from any other State. Provides for the registration of Review completed. It found all restrictions mortgages against stock, wool to be in the public interest. No reform and crops by the Office of recommended. Consumer Affairs. Specifies what can be mortgaged and how it is to be done. Act repealed on 1 September 1996 and replaced by the Animal Health Act 1995, which has been included on the LRP. Stamp Duties Act 1931 Stock Act 1932 DIER DPIWE Stock, Wool, and Crop Mortgages Act 1930 DOJIR Page 339 Legislation Review Compendium Name of legislation Substandard Housing Control Act 1973 Agency DHHS Major restrictions Provides for the closure of substandard rental accommodation and for rental control over certain premises. Prohibits certain business activities (particularly property transactions) on Sundays. Prohibits the erection of a structure, building or any other erection that is likely to be mistaken for a standard permanent mark on a mountain, hill or elevated land without the approval of the SurveyorGeneral. Establishes the Tasmanian Government Insurance Office and prohibits it from trading in life insurance. Specifies business practices and standards. Review activity Reform activity Act expected to be repealed. Sunday Observance Act 1968 DIER Review not required. Act repealed by the Sunday Observance (Repeal) Act 1997. Restrictive provisions of the Act to be repealed following the implementation of changes to the Land Surveyors Act 1909. Survey Co-ordination Act 1944 DPIWE Tasmanian Government Insurance Act 1919 T&F Act repealed. Tasmanian Harness Racing Board Act 1976 DPIWE - Provides for the registration of all Racing Industry Review completed in 1997. Act repealed and replaced by the Racing TRA harness racing trainers and Amendment Act 1997. Amendment Act drivers. Controls harness racing was assessed under legislation in Tasmania. gatekeeper provisions as not restricting competition or impacting on business. T&F Provides for the Treasurer to direct a State authority to exclusively source loans from Tascorp. Minor review completed. Review found the restrictive provisions to be justified in the public benefit. Tasmanian Public Finance Corporation Act 1985 Page 340 8 Tasmania Name of legislation Taxi Industry Act 1995 Agency DIER Major restrictions Provides for the licensing of taxis and places restrictions on their operation. Limits the number of taxi licences available. Review activity Reform activity Review completed in April 2000. It The Government is considering the recommended replacing current, unique review recommendations. licensing system with a new, unique licensing system. Likely effect of the recommended system would be to place an effective cap on licence values. However, it would not allow relative scarcity to be addressed. Recommended a system based on the issue of new licences by tender with current assessed value forming a reserve price. Assessed under legislation gatekeeper provisions. RIS prepared. Legislation to commence on 1 January 2002. Teachers Registration Act 2000 DE Licensing, registration, entry requirements (teacher training and one years experience or sufficient education and experience in the opinion of the Board, and good character Board to take into account any conviction and behaviour of the applicant or any other matter), reservation of practice (teaching in government and nongovernment schools), and disciplinary processes. Provides financial assistance to extend the life of the mine and to establish a rehabilitation agreement. Provides financial assistance to extend the life of the mine and to ensure continuation of the rehabilitation agreement. The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1985 The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1987 T&F Act repealed by the Legislation Repeal Act 1996. T&F Act repealed by the Legislation Repeal Act 1996. Page 341 Legislation Review Compendium Name of legislation The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1992 Agency T&F Major restrictions Ratifies and implements a deed of variation with respect to the continuation of operations of a particular company. Grants to the company certain environmental degradation exemptions. Act provides for the control of therapeutic goods and cosmetics. Review activity Reform activity Act repealed by the Legislation Repeal Act 1998. Therapeutic Goods and Cosmetics Act 1976 DHHS Act expected to be replaced by the new Therapeutic Goods Bill which will complement the Commonwealth Act. New legislation to be assessed under legislation gatekeeper provisions. Legislation to be introduced in the Spring 2001 Session of Parliament to implement review recommendations. Threatened Species Protection DPIWE Act 1995 Prohibits trade in protected flora Minor review completed. and fauna. Provides for protection orders prohibiting certain activities and exemptions from those orders. Specifies conduct of Government agencies, Government business enterprises (GBEs), authorities and bodies in relation to sustainable development. Prescribes regulations for the packaging of tobacco products and requires warning notices to be displayed on tobacco products. Licensing of public vehicles (cars, carriers, omnibuses, hire cars and charter buses), conditions to be placed on licences, and licensing of driving instructors. Review completed. The Act has been substantially reviewed in terms of the restrictive provisions of Part III, by the independent Committee of Review into Public Vehicle Licensing in Tasmania, chaired by Mr David Burton (the "Burton Review"). Tobacco Products (Labelling) Act 1987 DHHS Act repealed by the Public Health Act 1997. Traffic Act 1925 DIER The anticompetitive provisions in Part III replaced by the Passenger Transport Act 1997, the Passenger Transport (Consequential and Transitional) Act 1997 and the Traffic Amendment (Accreditation and Miscellaneous) Act 1997. Page 342 8 Tasmania Name of legislation Travel Agents Act 1987 Agency DOJIR OCAFT Major restrictions Licensing and compulsory consumer compensation fund. Defines what does and does not constitute the business of a travel agent. Review activity National review underway (coordinated by WA). Final review report by the Centre for International Economics (CIE) 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 compulsory insurance maintained, but 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. Reform activity Trustee (Insured Housing Loans) Act 1970 T&F Prescribes the power to approve insurers and provides that trustees can only invest in a housing loan if that housing loan is insured by an approved insurer. Regulates the types of investments that trustees can and cannot make. Act repealed by the Trustee Amendment (Investment Powers) Act 1997. Trustee Act 1898 DOJIR T&F Restrictive provision replaced in 1997 with a 'prudent person' approach to trustee investments. This provision was progressed through the legislation gatekeeper provisions and assessed as non-restricting or impacting on business. The Trustee Act will ultimately be repealed. Act repealed by the Trust Bank Sale Act 1999. Trustee Banks Act 1985 T&F Restricts the establishment of Trustee Banks and provides a regulatory framework for Trustee Banks that can affect their competitive conduct. Page 343 Legislation Review Compendium Name of legislation Trustee Companies Act 1953 Agency DOJIR Major restrictions Provides for the establishment of trustee companies. Prohibits specific actions in relation to loans. Prohibits trustee companies from engaging in any business unless expressly authorised in the Act. Review activity Reform activity Act to be repealed and replaced by new uniform trustee companies legislation being drafted by the Commonwealth. The new legislation will be assessed under legislation gatekeeper provisions. TT-Line Gaming Act 1993 T&F Grants a licence to a State Minor review completed. Restrictions found Act retained without reform. shipping company to conduct to be in the public benefit. gaming operations. Specifies how gaming is to be conducted and which games can be played. Limitations on the availability of gaming to minors. Special Act to allow the amalgamation of two companies and two co-operative industrial societies into one single company. Not practicable under the Companies Act 1962, therefore this special Act was passed. Requires institutions wanting to operate as universities to be registered and enables conditions to be imposed on their conduct. Act repealed by the Legislation Repeal Act 1998. United Milk Products Ltd (Amalgamation) Act 1981 DSD Universities Registration Act 1995 DE Minor review completed in 1998. Act retained without reform. Restrictions relating to the registration and accreditation of private universities are to be retained as they are considered to be in the public benefit. Page 344 8 Tasmania Name of legislation Valuers Registration Act 1974 Agency DPIWE Major restrictions Review activity Reform activity The Government plans to introduce new legislation to Parliament during the Spring 2001 session, to abolish the Valuers Registration Board, introduce negative licensing, and repeal and replace the current legislation. Licensing, registration, entry Major review, in conjunction with the Land requirements (education and Valuation Act, completed. experience or 10 years experience, good fame and character), reservation of title and practice, disciplinary processes, and business conduct (conduct that may result in deregistration includes professional misconduct, taking excessive amounts of alcohol and drugs, suffering from a mental disorder or committing an offence). The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives authority to construct and operate a railway and prescribes the construction standards that must be met. The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. Van Dieman's Land Company's DIER Waratah and Zeehan Railway Act 1895 Act to have been repealed following the proclamation of the Rail Safety Act 1997. However, legal opinion is being sought as to whether repeal of the Act will impact on the private land running rights of the rail company. Van Dieman's Land Company's DIER Waratah and Zeehan Railway Act 1896 Act to have been repealed following the proclamation of the Rail Safety Act 1997. However, legal opinion is being sought as to whether repeal of the Act will impact on the private land running rights of the rail company. Page 345 Legislation Review Compendium Name of legislation Agency Major restrictions The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. Prohibits the keeping and intrastate transportation or importation into Tasmania of vermin and rabbits without a permit. Review activity Reform activity Act to have been repealed following the proclamation of the Rail Safety Act 1997. However, legal opinion is being sought as to whether repeal of the Act will impact on the private land running rights of the rail company. Van Dieman's Land Company's DIER Waratah and Zeehan Railway Act 1948 Vermin Destruction Act 1950 DPIWE Review completed, recommending removal Act replaced by the Vermin Control Act of all restrictions on competition. 2000. Vermin Control Act 2000 DPIWE Provides for the registration of veterinary medicines. Prohibits their sale unless they are registered and packaged in accordance with requirements. Requires animals treated with prescribed medicines to be marked in a manner approved by the Registrar. Assessed under legislation gatekeeper provisions. Act repealed in January 1997 by the Agricultural and Veterinary Chemicals (Control of Use) Act 1995, which was included on the LRP. Veterinary Medicines Act 1987 DPIWE Veterinary Surgeons Act 1987 DPIWE Licensing of veterinary surgeons Review completed in 2000. and hospitals, reservation of practices, and reservation of title. Requires training providers to be registered in order to offer accredited courses. Provides for compulsory training agreements for training undertaken in respect of a declared vocation. Legislation to implement the review recommendations to be introduced in the Spring 2001 Session of Parliament. Vocational Education and Training Act 1994 DE Review issued a RIS in July 2000. This The Government is considering the supported restrictions except for provisions review recommendations. governing vocational placement arrangements which it argued should be replaced with an administrative arrangement. Page 346 8 Tasmania Name of legislation Wee Georgie Wood Steam Railway Act 1977 Agency DIER Major restrictions Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. Review activity Reform activity Act repealed by the Legislation Repeal Act 2000. Weights and Measures Act 1934 DOJIR OCAFT Requires the licensing of weigh Act assessed under legislation gatekeeper bridges and public weigh bridge provisions. National review of trade operators. Specifies requirements measurement legislation underway. for pre-packed articles and other products. Imposes restrictions on commercial operations in the Wellington Park area. Outcome of review of the National Parks and Wildlife Act 1970 will apply. Act to be repealed and replaced by State-based uniform trade measurement legislation. Wellington Park Act 1993 DPIWE Whales Protection Act 1988 DPIWE Requires a permit to trade in any Minor review found restrictions to be in the whale products, or to public interest. take/interfere with whales. Act assessed as not restricting Review not required. competition. Compels employers in certain industries to contribute to the Workers (Occupational Diseases) Relief Fund. Mandatory insurance, and licensed insurers. The Tasmanian Parliament established a Joint Select Committee to examine further reform of this legislation. The committee submitted its final report in May 1998. Minor amendments, mainly related to scheme design, recommended. Changes to the scheme design passed through Parliament. These changes have not compromised the competitive nature of the scheme. Workers' (Occupational DIER Diseases) Relief Fund Act 1954 Workers' Rehabilitation and Compensation Act 1988 DIER Page 347 Legislation Review Compendium Name of legislation Workplace Health and Safety Act 1995 Agency DIER Major restrictions Establishes a code of practice with respect to workplace health and safety. Sets health, safety and welfare standards. Regulates workplaces and work practices. Review activity The Labour Ministers' Council has undertaken a review of the National Occupational Health and Safety Commission (NOHSC). On 30 May 1997, the Labour Ministers' Council agreed on a new direction for the NOHSC and a new role for the Council in approving any new occupational health and safety standards. Review options will be developed following an appraisal of the reforms to NOHSC. Reform activity Wynyard Airport (Special Provisions) Act 1982 DIER Provides for the granting of a lease or licence to use any part of the land, buildings or structures of the airport. Act repealed by the Port Companies Act 1997. Page 348