9 Australian Capital Territory Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the Australian Capital Territory legislation review timetable. CM DECS DHHCC DoT DUS JACS Chief Minister’s Department Department of Education and Community Services Department of Health, Housing and Community Care Department of Treasury Department of Urban Services Department of Justice and Community Safety Page 349 Legislation Review Compendium Legislation review schedule: Australian Capital Territory Updated to September 2001 Name of legislation Administration and Probate Act 1929 Agency JACS Major restrictions Minor National Competition Policy (NCP) issues (imposes restrictions on business structure and conduct). Review activity Intradepartmental review completed in 2001. Review concluded that the Act provides the Public Trustee with procedural advantages that are appropriate having regard to its function of being the trustee of last resort. Other minor restrictions on competition in the Act are justified having regard to the need to ensure public confidence in the judicial process and the need to protect beneficiaries from unfair practices. Review not required. Reform activity Adoption Act 1993 DECS Act assessed as not restricting competition. Page 350 9 Australian Capital Territory Name of legislation Agents Act 1968 Agency JACS Major restrictions Licensing (real estate agents, travel agents, business agents, stock and station agents), registration, entry requirements, the reservation of practice, disciplinary processes, and business conduct. Review activity Intradepartmental review completed in 2001. Review concluded that there are no competition policy issues requiring legislative reform within the real estate, stock and station and business agents' markets, but questions the imposition of a licensing regime on the employment agents' market. In relation to the regulation of travel agents (subject to a national review), the ACT believes that, given the current economic climate, the existing statutory Travel Compensation Fund scheme is justified under the NCP Public Benefit Test and should be retained. The ACT believes that, on balance, the positive net benefits of the national compensation scheme exceed the modest costs imposed on travel agents. Reform activity Air Pollution Act 1984 DUS Review not required. Intradepartmental review completed in 1999. Minor issues. Act assessed as not restricting competition. The Act does not give the church a commercial advantage and does not have an anticompetitive effect. Intradepartmental review completed in 1999. Minor issues. Act assessed as not restricting competition. The Act does not give the church a commercial advantage and does not have an anticompetitive effect. Act repealed by the Environment Protection Act 1997. Anglican Church of Australia JACS Trust Property Act 1917 (NSW) in its application in the Territory Anglican Church of Australia JACS Trust Property Act 1928 (NSW) in its application in the Territory Page 351 Legislation Review Compendium Name of legislation Animal Diseases Act 1993 Agency DUS Major restrictions Declaration of quarantine areas. Allows Minister to direct destruction of animals and removal of refuse. Imposes a tagging requirement for stock. Restricts entry into tag manufacture. Controls use of vaccines and the sale of infected animals. Review activity Reform activity Review, in conjunction with the Pounds Act Report presented to the Minister. Act 1928 and the Stock Act 1991, completed. retained without reform. It found the restrictions to have benefits to animal health, public health and sustainable development that outweigh their costs. Animal Welfare Act 1992 DUS Ban on rodeos and circuses. Review completed. It found that, subject to Act retained without reform. Restrictions on use of animals in some amendments, the restrictions were in experiments. Restrictions on who the public interest. may carry out surgical procedures. Review not required. No competition restrictions. Act bestows employee benefits. Review not required. Act renamed the Annual Leave Act 1973. Act retained without reform. Act repealed and replaced by the Animal Diseases Act 1993. Registration, entry requirements, National review conducted by the A States and Territories working group reservation of title, and Productivity Commission (PC) completed in has developed a draft national response disciplinary processes. August 2000, and publicly released in to the PC review. November 2000. 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. Minor NCP issues (imposes restrictions on business structure). Intradepartmental review completed in 2000. Review concluded that the Act did not have a significant anticompetitive effect and that any such effect is justified in the public interest. Annual Holidays Act 1973 Annual Leave Act 1973 Apiaries Act 1928 Architects Act 1959 DUS DUS DUS DUS Associations Incorporation Act JACS 1991 Page 352 9 Australian Capital Territory Name of legislation Auctioneers Act 1959 Agency JACS Major restrictions Licensing, entry requirements (age, good character, no pawnbrokers), the reservation of practice, and business conduct (maintenance of records for at least 12 months). Review activity Intradepartmental review completed in 2001. Review found that while the regulatory costs imposed on auctioneers are minor, the benefits appear insufficient to justify the licensing requirements in the Act. Review recommended Act be repealed. Review not required. Reform activity Australian-American Educational Foundation Act 1966 Bank Mergers Act 1997 JACS Act to be repatriated to the Commonwealth. CM Act assessed as not restricting competition Review not required. Targeted review completed in 1999. The Government noted the review Reviewed as part of the ACTTAB and recommendations. Bookmakers legislation review. The report made a number of recommendations with a general objective of removing restrictions on competition where there is no justifiable public benefit. Intradepartmental review completed in 1999. Minor issues. The Act does not have any material effect on competition. Intradepartmental review completed in 2001. The Act assessed as not restricting competition. Betting (ACTTAB Limited) Act DoT 1964 and Betting (Corporatisation) (Consequential Provisions) Act 1996 Birth (Equality of Status) Act 1988 Births, Deaths and Marriages Registration Act 1997 JACS JACS Blood Donation (Transmittable DHHCC Diseases) Act 1985 Limits conduct, and confers benefit. Review yet to commence. Awaiting the outcome of the National Review of Australian Blood Banking and Plasma Product Sector. ACT provision may subsequently be repealed or substantially amended. Page 353 Legislation Review Compendium Name of legislation Board of Senior Secondary Studies Act 1997 Agency DECS Major restrictions Provides for accreditation of secondary courses. Review activity Intradepartmental review. Reform activity Legislation necessary to provide the Government approved function. Legislation to be retained to maintain uniform standards for senior secondary courses and certification. Bookmakers Act 1985 DoT Contains provisions for licensing Targeted public review, in conjunction with Act repealed and functions incorporated bookmakers for racing and sports the Betting (ACTTAB Limited) Act 1964 and in the new Race and Sports Bookmaking betting. the Betting (Corporatisation) Act 2001. (Consequential Provisions) Act 1996, completed in 1999. National review of boxing completed in August 1999. Review concluded that a registration and licensing system enhances the safety of participants and minimises the incidence of malpractice in professional bouts. The working group proposed a national registration system to improve the management of professional boxing and combat sports. ACT internal review underway (which should reflect national directions and linked to the NSW Boxing Act review). Boxing Control Act 1993 DECS Page 354 9 Australian Capital Territory Name of legislation Building Act 1972 Agency DUS Major restrictions Building regulations, licensing, registration, entry requirements (training, course work, practical experience or qualifications and supervised building work, business capacity), reservation of practice, disciplinary processes, business conduct (insurance). Review activity Targeted public review, in conjunction with the Electricity Act 1971 (electricians licensing) and the Plumbers, Drainers and Gasfitters Board Act 1982, by Allen Consulting Group completed in August 2000. Review focused on regulation of building occupations and did not review building regulations. Public benefits for building regulations are amenity, safety and health of people who use buildings and community expectations. Review focused on regulation of building occupations and insurance arrangements. Review recommended: legislation be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Reform activity The Government announced its response to the review, agreeing with most recommendations. Does not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. Legislation prepared as part of the 2001 program. Building and Services Act 1924 DUS Interdepartmental review underway. Part of the utilities legislation review under the lead of Treasury. Act to be replaced in part by the new Utilities Act and in part by a separate Utilities (Telecommunications Installations) Act that deals with communications infrastructure. Act repealed by the Land (Planning and Environment) (Amendment) Act 1996 (No.3) as a result of implementation of the 1995 Stein report. Design and siting provisions incorporated into streamlined Development Application. Buildings (Design and Siting) Act 1964 DUS Page 355 Legislation Review Compendium Name of legislation Business Franchise (Liquor) Act 1993 Business Franchise (Tobacco and Petroleum Products) Act 1984 Agency CM CM Major restrictions Review activity Review not required. Review not required. Reform activity Federal Court s90 decision, no further action. Federal Court s90 decision, no further action. Act repealed in 1996 following a High Court decision. Business Franchise ('X' Videos) JACS Act 1990 Business Names Act 1963 JACS Minor NCP issues (imposes restrictions on business structure). Review not required. Intradepartmental review completed in 2000. Minor anticompetitive effect outweighed by the public benefit of being able to use fictitious names placed on a public register. Canberra Institute of Technology Act 1987 Canberra Tourism and Events Corporation Act 1997 Casino Control Act 1988 DECS CM DoT Act assessed as not restricting competition. Review completed in 1999. Act assessed as Act retained without reform. not restricting competition. Review not required. The Government announced that the exclusivity of the casino licence will not be extended beyond the current licence period. The prohibition on gaming machines at the Casino will remain at the recommendation of the Select Committee. The Government rejected the recommendation to limit post-burial tenure at public cemeteries. New legislation, the Cemeteries and Crematoria Bill 2001, introduced for debate in the Legislative Assembly in August 2001 and adjourned. Exclusive licence. Restrictions on Targeted public review, as part of the operations and conduct. gambling legislation review, completed in 1998. The ACT established a Select Committee on gambling which made recommendations on gaming machine issues. Limits conduct. Targeted public review, in conjunction with the Cremation Act 1966, completed in 2000. Review recommended a limit on post-burial tenure at public cemeteries. Cemeteries Act 1933 DUS Page 356 9 Australian Capital Territory Name of legislation Agency Major restrictions Review activity Reform activity Act replaced the Children's Services Act 1986. Children and Young People Act DECS 1999 Licensing of childcare operations. New legislation. Introduces concepts of: parental responsibility; family group conferencing; and therapeutic protections and enduring parental responsibility for children and young people in need of care and protection. Expanded definition of mandated professionals. Chiropractors and Osteopaths Act 1983 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Clinical Waste Act 1990 DHHCC Restrictions on entry, registration, title, practice, and disciplinary provisions. Review completed March 2001. The Government agreed to the drafting of revised legislation. JACS Joint jurisdictional review underway. Part of a national regulatory scheme. Intradepartmental review underway. No NCP related issues raised - legislation to address technical issues. Legislation proposed for consideration in the 2002 program. DUS Page 357 Legislation Review Compendium Name of legislation Collections Act 1959 Agency DUS Major restrictions Review activity Joint review with the Hawkers Act 1936, by Allen Consulting Group, completed in April 2000. Involved targeted public consultation, with an issues paper, meetings and written submissions. Recommended: the Act not place limits on the level of fundraising costs or remuneration; regulatory emphasis be on the disclosure of fundraising details to potential donors; the Act not limit the locations where collections can be undertaken or the number of organisations collecting; rather than focusing on funds raised and costs incurred for particular collections, all organisations that produce audited accounts be required to lodge those accounts with the registrar on an annual basis; organisations that do not have audited accounts be required to keep appropriate records and have those records signed off by an 'appropriate person' as being in order; collectors be required to wear a badge (or prominently display information) relating to the collection; and the Act be drafted to apply to any direct or indirect appeal for support Intradepartmental review completed in 2000. Act assessed as not restricting competition. Intradepartmental review completed in 1999. The Act limits the liability for common land carriers ameliorating a common law "strict liability" which otherwise would apply to common carriers. As "strict liability" is not to be removed, the limitation of liability should remain. Reform activity The Government accepted most of the review recommendations. Legislation being drafted for introduction into the Legislative Assembly in 2002. Commercial Arbitration Act 1986 Common Carriers Act 1902 (New South Wales) in its application in the Territory JACS JACS Page 358 9 Australian Capital Territory Name of legislation Agency Major restrictions Confidentiality and investment restrictions. Review activity Intradepartmental review completed in December 1999. Potential restrictions identified in terms of powers to both maintain the confidentiality of information and to access information. Review concluded that the restrictions did not function anticompetitively and that no market was affected by the legislation. Review not required. Reform activity Act retained without reform. Community and Health DHHCC Services Complaints Act 1993 Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 Companies (Registered Societies) Ordinance 1990 Companies Auditors and Liquidators Disciplinary Board Ordinance 1982 Construction Practitioners Registration Act 1998 CM Act assessed as not restricting competition. CM CM Review not required. Review completed. Registered Societies model legislation adopted nationally. Registered Societies model legislation adopted nationally. DUS Registration for building New legislation to introduce private certifiers, entry requirements, certification of building work. Review disciplinary processes, business completed in November 2000. conduct (professional indemnity insurance with approved insurer, no conflict of interest). Minimal registration and conduct requirements. Part of a national regulatory regime. Intradepartmental review underway. Review in draft form. Minor NCP issues. National review completed and all participating jurisdictions have accepted the outcome of the review. Consumer Credit (Administration) Act 1996 Consumer Credit Act 1995 JACS JACS Page 359 Legislation Review Compendium Name of legislation Contractors' Debts Act 1897 (New South Wales) in its application in the Territory Agency JACS Major restrictions Review activity Review completed in 1999. Reform activity Amendments recommended by the review included in the Justice and Community Safety Legislation Amendment Bill (No 2) 2000. The Bill repeals section 5 (which capped the liability of contractors for their employees to 60 days' wages) and section 6 (which limited the period in which a worker can make a claim for wages to 3 months). Act amended to reflect a consistent national approach. Co-operative Societies Act 1939 Coroners Act 1997 Credit Act 1985 CM JACS JACS Minor issues. Intradepartmental review completed. Review underway. Encompassed by stage 2 of the Legal Practitioner Act review. Review not required. Act substantially repealed. Remaining restrictions continue to apply to a number of contracts entered into prior to 1996. The Act does not apply to contracts entered into after that time and will be repealed once its effect is spent. Replacement legislation, the Cemeteries and Crematoria Bill 2001, introduced for debate in August 2001 and adjourned. Amendments recommended by the review included in the Justice and Community Safety Legislation Amendment Bill (No 2) 2000. The Bill includes an amendment to the Act to remove a competitive advantage enjoyed by the Crown when it carries on business activities. Cremation Act 1966 DUS Limits conduct. See the Cemeteries Act 1933. Crown Proceedings Act 1992 JACS Intradepartmental review completed in 1999. Page 360 9 Australian Capital Territory Name of legislation Cultural Facilities Corporation Act 1997 Dangerous Goods Act 1975 (New South Wales) in its application in the Territory Agency CM DUS Major restrictions Act assessed as not restricting competition. Review activity Review not required. Reform activity Part of overall review of the ACT's See the Occupational Health and Safety Occupational Health and Safety legislation. Act. Regulatory Impact Statement (RIS) prepared and public comments sought through an extensive consultative process. Part of overall review of the ACT's See the Occupational Health and Safety Occupational Health and Safety legislation. Act. RIS prepared and public comments sought through an extensive consultative process. Minor NCP issues (confers differential statutory defences to different parts of the media market). Restrictions on entry, registration, title, practice, and disciplinary provisions. Restrictions on entry, registration, title, practice, and disciplinary provisions. S6 and S7 grant conditions that may restrict competition. Review not required. Act repealed. Dangerous Goods Act 1984 DUS Defamation Act 1901 (New JACS South Wales) in its application in the Territory Dental Technicians and Dental DHHCC Prosthetists Registration Act 1988 Dentists Act 1931 DHHCC Review completed March 2001. The Government agreed to the drafting of revised legislation. The Government agreed to the drafting of revised legislation. Act to be retained without reform. Review completed March 2001. Disability Services Act 1991 DHHCC Desktop review completed in December 2000. Review did not sustain initial audit view that restrictions on competition may have been present in the legislation. Intradepartmental review completed in 2000. The Act permits the insurance and superannuation industries to discriminate on the basis of age. The anticompetitive effects are minor and outweighed by the public benefit. Discrimination Act 1991 JACS Minor NCP issues (confers differential exemptions on different parts of the market). Page 361 Legislation Review Compendium Name of legislation Domestic Relationships Act 1994 Door-to-Door Trading Act 1991 Agency JACS Major restrictions Review activity Intradepartmental review underway. Minor issues. Encompassed by stage 2 of the Legal Practitioner Act review. Reform activity JACS Imposes conduct restrictions and Intradepartmental review completed in restricts the hours during which 2001. The Act limits the time of the day door to door sellers may operate. and night and the days when door-to-door traders may call on prospective customers. The review concluded that costs are minor and public benefit is high. Restrictions on competition throughout Act. Act assessed as not restricting competition. Part of Galbally Review. Final review report under consideration by the Australian Health Ministers Advisory Council (AHMAC). Review not required. The Bill did not come before the Legislative Assembly for a second reading prior to election in October 2001. The new Government expected to consider how to proceed. Act repealed. Drugs of Dependence Act 1989 DHHCC Earnings (Assignment and Attachment) Act 1966 JACS Education Act 1937, Schools DECS Authority Act 1976, Public Instruction Act 1880, and Free Education Act 1906 Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994 Electoral Act 1992 Electricity Act 1971 (renamed the Electricity Safety Act 1971) - Part 1 of 2 DECS Requires non-government schools Full public review completed in 2000. to be registered. Requires registration of providers of education to overseas students. Act assessed as not restricting competition. Review not required. Review not required. JACS DUS Some provisions of the Act provided powers for suppliers of electricity distribution services. Such matters are now dealt with by the Utilities Act 2000 and the provisions were repealed in January 2001. Page 362 9 Australian Capital Territory Name of legislation Agency Major restrictions Licensing, registration, entry requirements (skills, qualifications, experience, business capacity), reservation of practice (installing, altering or repairing an electrical installation, other than an electrical installation that operates at extra low voltage), disciplinary processes, and business conduct (insurance). Review activity Targeted public review completed in 2000. Provisions for licensing of electricians reviewed by Allen Consulting Group in conjunction with the Building Act 1972 and the Plumbers, Drainers and Gasfitters Board Act 1982. Final report completed August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Review not required. Review not required. Reform activity The Government announced its response to the review, agreeing with most recommendations. Does not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. See the Building Act 1972. Electricity Act 1971 (renamed DUS the Electricity Safety Act 1971) - electricians licensing Part 2 of 2 Enclosed Lands Protection Act DUS 1943 Energy and Water Act 1988 Enforcement of Public Interests Act 1973 Environment Protection Act 1997 Essential Services (Continuity of Supply) Act 1992 Fair Trading (Consumer Affairs) Act 1973 (previously Consumer Affairs Act 1973) DUS JACS DUS DUS JACS Act assessed as not restricting competition. Act retained without reform. Act repealed as part of the Utilities legislation. Act assessed as not restricting competition. Review not required. RIS undertaken in developing the legislation. Review not required. Part of the Act to be repealed; now part of the Utilities Act 2000. Imposes conduct restrictions. Intradepartmental review completed in 2001. It concluded that the Act should be retained because costs are negligible but public benefit is high. Page 363 Legislation Review Compendium Name of legislation Fair Trading (Fuel Prices) Act 1993 Agency JACS Major restrictions Review activity Reform activity Act to be retained without reform on the Public Benefit Test. Allows the relevant Minister to set Intradepartmental review completed in fuel prices. 1999. It concluded that the Act has no effect on the market unless the Minister exercises a power to determine fuel prices under the Act. The Minister is unlikely to make such a determination unless the market is acting in a collusive or anticompetitive manner. On activation, costs would be significant. However, there would be a countervailing and greater community benefit. There is no viable or realistic alternative. Review not required. Registration and mandatory Intradepartmental review completed in codes of practice for bodyguards, 2001. Act assessed as not restricting security guards, cash transit competition. industry, crown marshals, and guard and patrol services, entry requirements (competency, character - criminal record check), reservation of practice, disciplinary processes, and business licensing. Act assessed as not restricting competition. Fertilizers not to be sold unless with statement of composition. Review not required. Review by officials completed in 1999. Review not required. Act assessed as not restricting competition. Review not required. Fair Trading (Petroleum Retail JACS Marketing) Act 1995 Fair Trading Act 1992 JACS Act repealed. Family Provision Act 1969 Fertilizers Act 1904 (NSW) in its application in the Territory JACS JACS Act to be retained without reform. Act repealed by the Financial Sector Reform (ACT) Act 1999. Financial Institutions CM (Application of Laws) Act 1992 Financial Institutions (Removal CM of Discrimination) Act 1997 Page 364 9 Australian Capital Territory Name of legislation Financial Institutions (Supervisory Authority) Act 1992 Agency CM Major restrictions Review activity Review not required. Reform activity Act repealed by the Financial Sector Reform (ACT) Act 1999. Act amended to reflect a consistent national approach. Financial Institutions Duty Act CM 1987 Firearms Act 1996 JACS National review completed in 1997. Review not required. Part of a national regulatory scheme with separate review mechanisms: legislation is subject to overriding public safety considerations. Licensing of commercial fishers. Registration of fish dealers. Output controls such as size and bag limits. Input controls on gear. Review not required. Various food safety offences. Licensing of food businesses. Food to meet prescribed food standards. Fisheries Act 2000 DUS Act replaced the Fishing Act 1967. Fishing Act 1967 Food Act 1992 DUS DHHCC Act repealed and replaced by the Fisheries Act 2000. National review completed in 2000 (see the All Australian governments agreed in NSW Food Act 1989). November 2000 to adopt core provisions of the Model Food Bill by November 2001. This Act amended accordingly in August 2001. Review completed. The Bill did not come before the Legislative Assembly for a second reading prior to election in October 2001. The new Government expected to consider how to proceed. Free Education Act 1906 DECS Freedom of Information Act 1989 Fuels Control Act 1979 JACS Intradepartmental review completed in 2001. Act assessed as not restricting competition. Intradepartmental review completed in 1999. Act to be retained without reform on the Public Benefit Test. JACS/DU S Page 365 Legislation Review Compendium Name of legislation Agency Major restrictions Suppression of gaming houses. Review activity Review, as part of the gambling legislation review, completed. (See the Gaming and Betting Act 1906 (NSW) in its application in the Territory). Review, as part of the targeted public review of betting and gaming legislation, completed. Reform activity Games Wagers and BettingDoT houses Act 1901 (New South Wales) in its application in the Territory Gaming and Betting Act 1906 (New South Wales) in its application in the Territory Gaming Machine Act 1987 CM Regulations on gaming, betting, and wagering; restricts the holding of race meetings; and licensing of racecourses. DoT Targeted public review, as part of the The Government endorsed most of the gambling legislation review, completed. review recommendations. Amendments The Government established a Select to legislation forthcoming in 2001-02. Committee on Gambling to further report on gaming issues. It recommended further research into the social and economic impacts of gaming in the ACT. It also recommended a freeze on gaming machine numbers and measures to counter the negative effects of gambling. Act repealed. Act repealed in 1998. Act repealed and replaced by the Gas Safety Act 2000 (in respect of gas installations and appliances past the metering point) and the Utilities Act 2000. Act assessed as not restricting competition. Review not required. Intradepartmental review completed in 2001. Review concluded that the Act should be retained because the provisions are of great public benefit and no real competition issues arise. Gas Act 1992 Gas Levy Act 1991 Gas Supply Act 1998 DUS CM DUS Government Solicitor Act 1989 JACS Guardianship and Management JACS of Property Act 1991 Page 366 9 Australian Capital Territory Name of legislation Hawkers Act 1936 Agency DUS DHHCC Major restrictions Licensing, entry requirements (age, good character, fit and proper person), and business conduct (geographic and time restrictions, business structure). Review activity Joint review, in conjunction with the Collections Act 1959, by Allen Consulting Group, completed in April 2000. Review involved targeted public consultation with issues paper, meetings and submissions. Recommended: refocusing legislation on land use and continuing positive licensing for hawkers operating from a single location, but having negative licensing for mobile hawkers; removing restrictions on number of vehicles a hawker can operate, number of people hawkers can employ and their age; and removing 180 metre exclusion zone from traditional shops, and regulating health, liquor and contraband goods via other legislation. Reform activity The Government accepted most of the review recommendations. Legislation is being drafted for introduction into the Legislative Assembly in 2002. Health Act 1993 DHHCC Limits conduct. Intradepartmental review completed in Act retained without reform. December 1999. Review found that the restrictions did not apply to an organised pattern of activity and no commercial activity relating to the release or disclosure of information could be identified. The review concluded that the legislation did not impose restrictions on competition. Intradepartmental review completed in Act retained without reform. December 2000. Review identified that the restrictions primarily concerned the sound management of Territory resources and interests. Review further identified that there were difficulties in identifying the restrictions as anticompetitive. The conclusion was that the legislative restrictions provided an overall community benefit and were on balance significantly higher than any cost of compliance with the legislation. Health and Community Care Services Act 1996 DHHCC Restricts management of resources and interests. Page 367 Legislation Review Compendium Name of legislation Health Complaints Act 1993 Health Promotion Act 1995 Agency DHHCC DHHCC Major restrictions Review activity Review not required. Reform activity Act replaced by the Community and Health Services Complaints Act 1993. Act retained without reform. Limits functions to which board monies can be applied. Intradepartmental review completed in December 2000. Review did not sustain initial audit view that restrictions on competition may have been present in the legislation. Intradepartmental review completed in December 1999. Review did not support the initial audit view that anticompetitive restrictions may apply. Restrictions do not relate to a market/commercial activity. Review not required. Health Records (Privacy and Access) Act 1997 DHHCC Limited restrictions on competition. Act retained without reform. Heritage Objects Act 1991 DUS Decision to develop new legislation for the regulation of heritage matters. The new legislation will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the RIS. Hotel School Act 1996 Housing Assistance Act 1987 CM DHHCC Act assessed as not restricting competition. Review not required. Consultants review completed July 2001. Public consultations on the report and proposed changes to the legislation being progressed. Inebriates Act 1900 (NSW) in its application in the Territory Inebriates Act 1938 DHHCC Sections 10 and 14 could restrict competition by licensing and regulating institutions. Act assessed as not restricting competition. Review not required. Legislation to be repealed. DHHCC Page 368 9 Australian Capital Territory Name of legislation Innkeepers' Liability Act 1902 (New South Wales) in its application in the Territory Agency JACS Major restrictions Review activity Intradepartmental review completed in 1999. The Act limits the liability for innkeepers ameliorating a common law "strict liability" which otherwise would apply to them. As "strict liability" is not to be removed, the limitation of liability should remain. Reform activity Institute for the Study of Man and Society Incorporation Act 1968 JACS Act assessed as not restricting competition. Act contains restrictions on competition in terms of requirements that 'sobering up' shelters must be licensed. Review not required. Act to be repatriated back to the Commonwealth. Intoxicated Persons (Care and DHHCC Protection) Act 1994 Intradepartmental review completed in Act retained without reform. December 2000. Review identified that the restrictions were a sustainable public benefit. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Judgment Creditors Remedies JACS Act 1933 Judiciary (Stay of Proceedings) JACS Act 1933 Juries Act 1967 Lakes Act 1976 JACS DUS Act assessed as not restricting competition. Act assessed as not restricting competition. The only significant restriction is the limitation on commercial activity in a lake area. Review not required. Review not required. Review, in conjunction with the Public Act retained without reform. Parks Act 1928, completed in 2000. The low cost of this restriction was considered justified by the protection afforded to lakes areas, and by the way it ensures that commercial operators in lakes areas gain no competitive advantage over those operating in normal commercial areas. Page 369 Legislation Review Compendium Name of legislation Land (Planning and Environment) Act 1991- Part III (heritage provisions) Agency DUS Major restrictions Review activity Review not required. Reform activity Decision to develop new legislation for the regulation of heritage matters. The new legislation will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the RIS. The Government issued a formal response to the review, agreeing in principle to most recommendations. Amending regulation signed on 25 January 2001. Land (Planning and DUS Environment) Act 1991- Parts V and VI Direct granting of leases by non- Review completed in May 2000. competitive means and Recommendations include improving development approvals process. transparency in the provision of direct grants and considering introducing a notification scheme for developments that are relatively minor and unlikely to be opposed by the government agency or to require conditions. Land Acquisition (Northbourne DUS Oval) 1996 - No 84 of 1996 Targeted public review, in conjunction with Act retained without reform. the Lands Acquisition Act 1994, completed in 2000. Act assessed as not restricting competition. Intradepartmental review completed in 2001. Act assessed as not restricting competition. Intradepartmental review completed in 2001. Act assessed as not restricting competition. Act repealed by the Residential Tenancies Act 1997. Act repealed by the Residential Tenancies Act 1997. Targeted public review, in conjunction with Act retained without reform. the Land Acquisition (Northbourne Oval) Act 1996, completed in 2000. Act assessed as not restricting competition. Land Titles (Unit Titles) Act 1970 Land Titles Act 1925 JACS JACS Landlord and Tenant Act 1899 JACS (New South Wales) in its application in the Territory Landlord and Tenant Act 1949 JACS Lands Acquisition Act 1994 DUS Page 370 9 Australian Capital Territory Name of legislation Law Reform (Manufacturers Warranties) Act 1977 Agency JACS Major restrictions Act assessed as not restricting competition. Review activity Review not required. Reform activity Act to be repealed by the proposed Fair Trading (Amendment) Bill 2001 because it duplicates more extensive provisions in the Trade Practices Act 1974 (TPA). Law Reform (Misrepresentation) Act 1977 Lay-by Sales Agreements Act 1963 JACS JACS Imposes conduct restrictions. Act assessed as not restricting competition and removed from NCP review timetable. Intradepartmental review completed in 2000. Act is procompetition. It provides for an alternative to traditional method of buying and selling whereby an outright payment is required. It assists consumers and at the same time encourages business activity. Intradepartmental review underway. Encompassed by stage 2 of the Legal Practitioner Act review. Minor issues. Licensing, registration, entry requirements, disciplinary processes, reservation of title and practice, and business conduct (including professional indemnity insurance (two providers), ownership, locally registered foreign legal practitioner advertising (should not be false, misleading or deceptive or suggest legal practitioner is domestic)). Targeted public review underway. Review being undertaken in two stages by the Department. Stage 1 options paper canvassing options for reform concerning admission and licensing of legal practitioners, complaints and discipline released in November 1999, with submissions sought. The Government is considering submissions. Stage 2 options paper, canvassing reform issues relating to business structures including multidisciplinary practices, fee setting, insurance and the statutory interest account to be released in 2001. Intradepartmental review completed in 1999. Minor issues. Act to be retained on the Public Benefit Test. Legal Aid Act 1977 JACS Legal Practitioners Act 1970 JACS Legislation (Republication) Act JACS 1996 Page 371 Legislation Review Compendium Name of legislation Liquor Act 1975 (except subsections 42E(2) and 42E(4)) Liquor Act 1975 (subsections 42E(2) and 42E(4)) Listening Devices Act 1992 Litter Act 1977 Agency JACS Major restrictions Regulates the sale of liquor via licences. Review activity Intradepartmental review underway. Reform activity CM JACS DUS Relates to procedures if a licence Intradepartmental review completed. holder fails to pay liquor taxes. Intradepartmental review completed in 1999. Minor issues. Act to be retained on the Public Benefit Test. Targeted public review, in conjunction with The Government accepted the review the Roads and Public Places Act 1937, recommendations. completed in 2000. Concluded that in terms of the requirements under NCP guidelines: the Act marginally restricts business for businesses dependent on flyer and bill advertising; public protection benefits of the Act outweigh any marginal impact on competition; and no feasible non legislative options were found which can achieve the same level of public benefits. Targeted public review completed in 1999. Legislation for restructuring of the Act assessed as not restricting competition. Board to be prepared for the 2002 Final review report available at program. www.act.gov.au/urbanservices. Act assessed as not restricting competition. Act bestows employee benefits. Review not required. Act retained without reform. Long Service Leave (Building DUS and Construction Industry) Act 1981 Long Service Leave Act 1976 DUS Lotteries Act 1964 DoT Targeted public review, as part of the review of gambling legislation, completed. The Government endorsed most of the review recommendations. Amendments to legislation forthcoming in 2001-02. Act repealed and replaced by the Occupational Health and Safety (Amendment) Act 1997. Machinery Act 1949 DUS Page 372 9 Australian Capital Territory Name of legislation Magistrates Court Act 1930 Agency JACS Major restrictions Review activity Intradepartmental review underway. Minor issues. Encompassed by stage 2 of the Legal Practitioner Act review. Reform activity Meat Act 1931 DHHCC Ministerial permission required to National review completed in 2000 (see the Act to be repealed subject to the engage in certain meat NSW Food Act 1989). passage of uniform Food Act legislation. processing activities. Intradepartmental review completed in 2000. The review assessed the Act as not restricting competition. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review completed March 2001. The Government agreed to the drafting of revised legislation. Mediation Act 1997 JACS Medical Practitioners Act 1930 DHHCC Medical Records (Access and Privacy) Act 1997 Medical Services (Fees) Act 1984 DHHCC Review, in conjunction with the Health Records (Access and Privacy) Act 1997, completed in December 1997. Legislation relates to an intergovernmental financial arrangement. Restricts the fees payable for the treatment of private patients in public hospitals. Review not required. Act retained without reform. DHHCC Mental Health (Treatment and DHHCC Care) Act 1994 Restrictions on competition Intradepartmental review completed in throughout Act. Restrictions December 2000. Restrictions justified as relate to the Mental Health being in the overall public benefit. Tribunal powers to direct where a person with a mental health dysfunction will be detained, restrictions on the use of convulsive therapy and psychiatric surgery, and requirements that private psychiatric facilities be licensed. Act retained without reform. Page 373 Legislation Review Compendium Name of legislation Mercantile Law Act 1962 Milk Authority Act 1971 Agency JACS DUS Major restrictions Review activity Intradepartmental review completed in 1999. Reform activity Archaic provisions of Act to be repealed. Retail price controls. Licensing of Review by officials completed in 1998. It home vending. Canberra Milk recommended: Authority required to buy milk • separation of Authority's regulatory and from sole ACT producer. commercial roles; The Government initially accepted the review recommendations. In line with the March 2000 communique signed by all Australian Agriculture and Primary Industries Ministers committing to a • retention of retail price controls until mid national approach to dairy reform, the ACT passed the Milk Authority Repeal 2000; Act 2000 on 23 May 2000, deregulating • reform of home vending arrangements; its milk arrangements from 1 July 2000. and • retention of compulsory acquisition of ACT milk. Motor Omnibus Services Act 1955 DUS Review not required. Act to be repealed and replaced by the Road Transport (Public Passenger Services) Act in August 2001. Act to be retained without reform. Motor Traffic Act 1936 – Part 1 DUS of 2 Compulsory third party insurance Review not required. provisions. Page 374 9 Australian Capital Territory Name of legislation Agency Major restrictions Review activity Reform activity Motor Traffic Act 1936 - taxi DUS and hire car provisions - Part 2 of 2 Limitation on number of taxi and Review completed and final report issued in Minor reforms implemented (10 hire car licences. March 2000. Review recommended wheelchair accessible taxi licences immediate removal of restrictions on taxi issued, encouragement of establishment and hire car licence numbers, full of a second dispatch service, crosscompensation to licence-holders to be border trials with NSW, accreditation for funded either via general revenue or by networks). The Road Transport (Public long-term licence fee arrangements. Passenger Services) Amendment Bill 2001 also introduced operator accreditation and removal of restrictions on the number of licences an individual can hold. Bill passed in August 2001. Further review (by June 2002) of the key question of licence number restrictions. Changes to hire car provisions will need to be considered by the incoming Government in 2002. Motor Vehicles (Dimensions and Mass) Act 1990 National Environment Protection Council Act 1994 National Exhibition Centre Trust Act 1976 DUS DUS CM Act assessed as not restricting competition. Act assessed as not restricting competition. Review not required. Review not required. Review not required. Act superceded by national road transport reforms. Act retained without reform. Nature Conservation Act 1980 DUS Controls on commerce in animals Targeted public review completed in 1999. and plants. Review found that restrictions are justified provided that the lists of protected and exempt plants are reviewed to ensure that entries are justifiable on conservation grounds. Review presented to the Government on 7 August 2000. Disallowable Instrument in relation to the revision of the relevant lists proposed for December 2001. Act repealed by the Environment Protection Act 1997. Noise Control Act 1988 DUS Page 375 Legislation Review Compendium Name of legislation Notaries Public Act 1984 Agency JACS Major restrictions Review activity Intradepartmental review underway. Minor issues. Encompassed by stage 2 of the Legal Practitioner Act review. Reform activity Nurses Act 1988 DHHCC Restrictions on entry, Review completed in March 2001. registration, title, and disciplinary provisions. Intradepartmental review underway. Encompassed by stage 2 of the Legal Practitioner Act review. Minor issues. The Government agreed to the drafting of revised legislation. Oaths and Affirmations Act 1984 Occupational Health and Safety Act 1989 JACS DUS Review, in conjunction with the Dangerous RIS issued for consultation comments. Goods Act 1984, the Scaffolding and Lifts Issues being examined with a view to Act 1957 and the Machinery Act 1949, drafting a Bill early in 2002. underway. Review is examining the development of an integrated performancebased regulatory regime for workplace safety, dangerous goods and those areas currently regulated under the Scaffolding and Lifts Act and the Machinery Act, in line with agreements reached in 1991 by Premiers and Chief Ministers that jurisdictions would pursue the development of nationally uniform, flexible and performance-based regulations under parent occupational health and safety legislation. Intradepartmental review completed in 2001. Act assessed as not restricting competition. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review completed in March 2001. The Government agreed to the drafting of revised legislation. Ombudsman Act 1989 JACS Optometrists Act 1956 DHHCC Page 376 9 Australian Capital Territory Name of legislation Ozone Protection Act 1991 Agency DUS Major restrictions Review activity Reform activity Act repealed by Environment Protection Act 1997. Parental Leave (Private Sector DUS Employees) Act 1992 Partnership Act 1963 JACS Act assessed as not restricting competition. Act bestows employee benefits. Minor issues. Review not required. Act retained without reform. Intradepartmental review completed in 2000. Amendments recommended by the review included in the Justice and Community Safety Legislation Amendment Bill (No. 2) 2000. Amendments remove a disincentive to ACT partners accepting positions on public or private sector corporate boards. Pawnbrokers Act 1902 (New JACS South Wales) in its application in the Territory Licensing, registration, entry Intradepartmental review completed in requirements (aged over 18 2001. Recommended, as with second-hand years, fit and proper person), the dealers, the restructuring and reservation of practice, and modernisation of existing regulations. business conduct (prescribed records, public auction unredeemed goods over $10, cooperation with police). Intradepartmental review completed. Act assessed as not restricting competition. Act assessed as not restricting competition. Pesticides not to be used unless registered. Review not required. Review not required. Act repealed and replaced by the Environment Protection Act 1997. Payroll Tax Act 1987 Periodic Detention Act 1995 Perpetuities and Accumulations Act 1985 Pesticides Act 1989 CM JACS JACS DUS Page 377 Legislation Review Compendium Name of legislation Pharmacy Act 1931 Agency DHHCC Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity National Review of Pharmacy Regulation (Wilkinson Review) completed in February 2000. 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. Also part of targeted public review of health practitioner registration Acts. Review completed March 2001. Reform activity The Council of Australian Governments (CoAG) referred the Wilkinson Review to a senior officials' working party, which reported back to CoAG. Legislation was passed in August 2001 amending the Act to allow pharmacies to take advantage of company structures and to restrict ownership to pharmacists. Physiotherapists Act 1977 DHHCC Restrictions on entry, registration, title, practice, and disciplinary provisions. Restrictions on introduction into the ACT of declared pests and diseases. Destruction of neglected trees. Quarantine control provisions. Specifies particular products for use in controlling fruit fly and aphidae. Specifies particular kinds of packaging. Imposes inappropriate and unduly restrictive standards on fruit for retail sale. Review completed in March 2001. The Government agreed to the drafting of revised legislation. Plant Diseases Act 1934 DUS Review in conjunction with the Land Legislation proposed as part of the 2002 (Planning and Environment) Act 1991 (pest legislation program. plant and animal provisions) completed. It recommended: • retaining restrictions on introduction into the ACT of declared pests and diseases, provisions relating to the destruction of neglected trees and quarantine control provisions; • repealing provisions that specified particular products for use in controlling fruit fly and aphidae, particular kinds of packaging, and that imposed inappropriate and unduly restrictive standards on fruit for retail sale; and • retaining provisions relating to pest plant and animals. Page 378 9 Australian Capital Territory Name of legislation Plumbers, Drainers and Gasfitters Board Act 1982 Agency DUS Major restrictions Licensing, registration, entry requirements (skills, qualifications, experience, age 18 years or over, fit and proper), reservation of practice (install or fit fire-fighting sprinkler system, sanitary plumbing work, water supply plumbing work, laying or repairing drains, install/repair/ inspect/test consumer natural gas piping systems and gas appliances), and disciplinary processes. Review activity Targeted public review by Allen Consulting Group, in conjunction with the Electricity Act 1971 (electricians licensing), and the Building Act 1972, completed in August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended: legislation be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to the disciplinary system. Review completed in March 2001. Reform activity See the Building Act 1972. The Government announced its response to review, agreeing with most recommendations. The Government does not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. Podiatrists Act 1994 DHHCC Restrictions on entry, registration, title, practice, and disciplinary provisions. Restricts the sale and storage of poisons and biological substances. The Government agreed to the drafting of revised legislation. Poisons Act 1933 DHHCC Part of Galbally Review. Final review report under consideration by AHMAC. Part of Galbally Review. Final review report under consideration by AHMAC. Poisons and Drugs Act 1978 Pool Betting Act 1964 DHHCC DoT Approvals for conduct of pool Targeted public review, as part of the betting competitions, restrictions review of gambling legislation, completed. on advertising and other conduct, possible supervision of competitions, and levies and probity of financial arrangements. The Government endorsed most of the review recommendations. Amendments to legislation forthcoming in 2001-02. Page 379 Legislation Review Compendium Name of legislation Pounds Act 1928 Agency DUS Major restrictions Establishes government operated pounds. Conferring differential benefits on market participants as to impounding stock depending on what stock they keep and where their property is located. Minor NCP issues (imposes restrictions on business structure). Act assessed as not restricting competition. Review activity Review by officials, in conjunction with the Animal Diseases Act 1993 and the Stock Act 1991, completed. It found the restrictions to be in the public interest. No reform recommended. Reform activity Act retained without reform. Powers of Attorney Act 1956 JACS Intradepartmental review underway. Presbyterian Church (Proposals for Union with other Churches) Act 1972 Presbyterian Church Trust Property Act 1971 JACS Review not required. JACS Intradepartmental review completed in 1999. Concluded that to the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Intradepartmental review completed in 1999. Intradepartmental review completed in 2001. Act assessed as not restricting competition. Review not required. Part of a national regulatory scheme subject to separate review requirements. Legislation is subject to overriding public safety considerations. Review underway. Act to be repealed. Printing and Newspapers Act 1961 Proceeds of Crime Act 1991 JACS JACS Prohibited Weapons Act 1996 JACS Prostitution Act 1992 JACS Page 380 9 Australian Capital Territory Name of legislation Protection of Lands Act 1937 Agency DUS Major restrictions Review activity Reform activity Interdepartmental review underway. Act repealed on 29 March 2001. Following preliminary review work, the Trespass on Territory Land, the Enclosed Lands and the Recovery of Lands Acts were removed from the joint review as no competition restrictions were identified. Restrictions on entry, registration, title, practice, and disciplinary provisions. Act assessed as not restricting competition. Limited restrictions on competition. Limits business conduct. Review completed in March 2001. The Government agreed to the drafting of revised legislation. Psychologists Act 1994 DHHCC Public Baths and Public Bathing Act 1956 Public Health (Miscellaneous Provisions) Act 1997 Public Health (Prohibited Drugs) Act 1957 Public Health Act 1928 DECS DHHCC DHHCC DHHCC Review not required. Review not required. Part of Galbally Review. Final review report under consideration by AHMAC. Act repealed by the Public Health Act 1997. Act to be repealed. Page 381 Legislation Review Compendium Name of legislation Public Health Act 1997 Agency DHHCC Major restrictions Limits conduct. Review activity Reform activity The ACT commenced a process of Amendment Bill May 2000 introduced reviewing its public health legislation by the some negative licensing provisions. introduction of the Public Health Act 1997. This legislation established a template for the management of health risk activities or procedures through a Code of Practice approach. As codes of practice are developed existing health risk management provisions that are under the former Public Health Act 1928 are repealed. The revised legislative approach while more focussed on outcomes, stakeholder collaboration and the currency of the health risk, retains potential restrictions on approval, activity and conduct. Accordingly the revised legislation has potential to impose costs and restrict competition. A departmental review has been completed that identifies the anticompetitive provisions that arise through the application of the Act to health risk activities and procedures. This review to be released for consultation. Review, in conjunction with the Lakes Act 1976, completed. Act repealed by the Statute Law (Amendment) Act 2000. Public Parks Act 1928 Public Trustee Act 1985 DUS JACS Prohibits other than Trustee companies to act as Public Trustee. Intradepartmental review completed in 2001. Act assessed as not restricting competition. Act repealed by the Land (Planning and Environment) (Amendment) Act 1997 (No.7) and relevant provisions transferred to the Land (Planning and Environment) Act 1991. Rabbit Destruction Act 1919 DUS Page 382 9 Australian Capital Territory Name of legislation Race and Sports Bookmaking Act 2001 Agency DoT Major restrictions Review activity Review of the Bookmakers Act 1985 resulted in the new Race and Sports Bookmaking Act 2001. Reform activity Act repealed and replaced the Bookmakers Act 1985. New legislation: • removes requirement for racing club approval to grant bookmakers licences; • removes racing club-specific restrictions on bookmakers licences; • allows an independent authority (the ACT Gaming and Racing Commission) to assess licence applications; • removes limitations on phone betting; • removes requirement for sports bookmakers licence (or agents licence) holders to first obtain a standing bookmakers licence; • removes the limit on the number of sports betting licences granted; • allows for flexibility in the location of betting office operations; and • relates the size of the betting security guarantee to the amount of risk. Racecourses Act 1935 DoT Review not required. Act to be repealed and provisions incorporated in new racing legislation – the Racing Act 1999. Page 383 Legislation Review Compendium Name of legislation Racing Act 1999 Agency DoT Major restrictions Review activity Reform activity Act passed in 2000 and commenced in June 2001. Regulates thoroughbred racing, New legislation. RIS completed. harness racing and greyhound racing conducted for the purpose of betting, and for related purposes, including restrictions on holding race meetings, and setting up controlling bodies for each racing mode. National review completed. Intradepartmental review completed in 1998. Intradepartmental review completed in 1998. Intradepartmental review completed in 1998. Review not required. Intradepartmental review completed. Act assessed as not restricting competition. Review not required. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Intradepartmental review completed in 2000. Act assessed as not restricting competition. Radiation Act 1983 Rates and Land Rent (Relief) Act 1970 Rates and Land Tax Act 1926 Rates and Land Tax Act 1986 DHHCC DoT DoT DoT Real Property (Unit Titles) Act JACS 1970 Recovery of Lands Act 1929 Registration of Births, Deaths and Marriages Act 1963 DUS JACS Act repealed. Act retained without reform. Act repealed. Registration of Deeds Act 1957 JACS Registration of Interests in Goods Act 1990 JACS Act proposed for repeal by the Sale of Motor Vehicles Amendment Bill 2000. Page 384 9 Australian Capital Territory Name of legislation Road Transport (Driver Licensing) Act 1999 Agency DUS Major restrictions Review activity Reform activity Act introduced to meet national reform requirements. Licensing, entry requirements New legislation. (accreditation: skills, completed training course, aged at least 21 years, suitable person, medically fit), the reservation of practice, business conduct (vehicle requirements unless vehicle provided by person under instruction, display certificate). Mandatory insurance, and licensing of insurers. Review not required. Legislation allows the Government to approve multiple insurers. RIS completed. Road Transport (General) Act 1999 Road Transport (Public Passenger Services) Act 2001 DUS DUS Act provides for the accreditation of bus operators and allows the Government to enter into contracts to provide regular public passenger transport services in the ACT. Roads and Public Places Act 1937 DUS Targeted public review, in conjunction with The Government accepted the review the Litter Act 1977, completed in 2000. recommendations. Final report concluded that in terms of the requirements under NCP guidelines the Act does restrict business to some extent in terms of the areas available for commercial activity and through its advertising restrictions. The public protection and safety benefits of the Act outweigh these impacts on competition. Intradepartmental review completed in 1999. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Act assessed as not restricting competition. Roman Catholic Church Property Trust Act 1937 JACS Sale of Goods (Vienna Convention) Act 1987 JACS Page 385 Legislation Review Compendium Name of legislation Sale of Goods Act 1954 Agency JACS Major restrictions Imposes conduct requirements. Review activity Review, in conjunction with the Fair Trading Act 1992 and related legislation, underway. Preliminary work for full public review underway. Reform activity Sale of Motor Vehicles Act 1977 - Part 1 of 2 Sale of Motor Vehicles Act 1977 - Part 2 of 2 JACS JACS Parts of Act relating to motor vehicle dealers. Intradepartmental review completed in 2001. Act assessed as not restricting competition. Intradepartmental review completed in 1999. Minor issues. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Review, in conjunction with the Occupational Health and Safety Act 1989, completed. Review, in conjunction with the Occupational Health and Safety Act 1989, completed. Act repealed by the Occupational Health and Safety (Amendment) Act 1997. Act repealed by the Occupational Health and Safety (Amendment) Act 1997. Salvation Army Property Trust JACS Act 1934 Scaffolding and Lifts Act 1957 DUS Scaffolding and Lifts Act, DUS 1912-1948 (New South Wales) in its application in the Territory Schools Authority Act 1976 DECS Governance and operation of government schools. Review completed in 2000. The Bill did not come before the Legislative Assembly for a second reading prior to election in October 2001. The new Government expected to consider how to proceed. Page 386 9 Australian Capital Territory Name of legislation Agency Major restrictions Licensing, registration, entry requirements (aged over 18 years, fit and proper person), the reservation of practice (persons who deal in certain second-hand goods), and business conduct (prescribed records, holding of goods for prescribed period, cooperation with police). Review activity Departmental review completed in 2000. Review recommended: updating definition of second-hand goods; altering business conduct requirements to take into account new technology; and repealing a number of the business rules in the legislation and repealing provisions dealing with the licensing and regulation of collectors. Review underway. Review not required. Review not required. Reform activity The Government accepted the review recommendations. Amendments passed by the Assembly in the Justice and Community Safety Legislation Amendment Act (No. 2) 2001. Second-hand Dealers and JACS Collectors Act 1906 (New South Wales) in its application in the Territory Sexually Transmitted Diseases DHHCC Act 1956 Skin Penetration Procedures Act 1994 Small Claims Act 1974 Smoke-free Areas (Enclosed Public Places) Act 1994 Stamp Duties and Taxes Act 1987 Standard Time and Summer Time Act 1972 Stock Act 1991 DHHCC JACS DHHCC DoT DUS DUS Act assessed as not restricting competition. The Government determines stock carrying capacity for rural leases (which affects the level of the stock levy imposed). Restricts the movement of stock. Restrictions on competition throughout Act. Act repealed. Act repealed. Review, in conjunction with the Tobacco Act 1927, yet to commence. Intradepartmental review completed in 1998. Review not required. Review, in conjunction with the Animal Diseases Act 1993 and the Pounds Act 1928, completed. It found the restrictions to be in the public interest. No reform recommended. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Intradepartmental review completed in 1999. Minor issues. Act to be retained on the Public Benefit Test. Act retained without reform. Act retained without reform. Subordinate Laws Act 1989 JACS Substitute Parent Agreements JACS Act 1994 Page 387 Legislation Review Compendium Name of legislation Supervision of Offenders (Community Service Orders) Act 1985 Supreme Court Act 1933 Agency JACS Major restrictions Act assessed as not restricting competition. Review activity Review not required. Reform activity JACS Intradepartmental review underway. Minor issues. Encompassed by stage 2 of the Legal Practitioner Act review. Licensing, entry restrictions (educational prerequisites), reservation of title and practice, and ability of Board (made up of mostly surveyors) to make regulations and undertake disciplinary processes. Review completed in December 1998. Review recommended retaining registration, having less rigorous entry standards and abolishing the board in favour of powers of a Chief Surveyor. The Government accepted all of the review recommendations but deferred considering removing compulsory postgraduate entry requirements until all jurisdictions have completed their reviews of surveyors legislation. The new Surveyors Act 2001, giving powers to a Commissioner for Surveys, commenced on 26 July 2001. Act repealed by the Leases (Commercial and Retail) Bill 2000. Surveyors Act 1967 DUS Tenancy Tribunal Act 1994 Territory Owned Corporations Act 1990 Theatres and Public Halls Act 1928 Tobacco Act 1927 JACS DoT CM DHHCC Potential (marginal) restrictions on competition in section 18. Review not required. Targeted public review completed in 1998. Act assessed as not restricting competition. Review completed in 1998. Review, in conjunction with the Smoke Free Areas (Enclosed Public Places) Act 1994, yet to commence. Restrictions on competition throughout the Act. Targeted public review completed. Review report redrafted to take account of the 1999 amendments to the Act. Review and reform contingent on outcome of national review. National review underway. Intradepartmental review completed. Act repealed in March 2001. Tobacco Products (Health Warnings) Act 1986 Trade Measurement (Administration) Act 1991 Trade Measurement Act 1991 Trading Hours Act 1962 DHHCC JACS JACS DUS Legislation repealed. Page 388 9 Australian Capital Territory Name of legislation Trading Stamps Act 1972 Transplantation and Anatomy Act 1978 Trans-Tasman Mutual Recognition Act 1997 Agency JACS DHHCC Major restrictions Act assessed as not restricting competition. Limited restrictions on competition. Review activity Review not required. Review underway. Restrictions within legislation identified. Consultation paper being prepared. National review completed in 1998. Reform activity CM Act assessed as not restricting competition. Minor issues. The Government is considering the review recommendations. Act retained without reform. Anticompetitive provisions to be repealed. Repeal of listed investments in the Trustee (Amendment) Bill 1999 to allow a trustee to invest in any form of investment. However, it goes on to require the trustee to exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of other persons. Act to be repealed by proposed uniform trustee companies legislation drafted for consideration by the Standing Committee of Attorneys-General (SCAG). Act repealed in 1997. Trespass on Territory Land Act DUS 1932 Trustee Act 1957 JACS Review not required. Intradepartmental review completed in 1999. Trustee Companies Act 1947 JACS National review underway. Tuberculosis Act 1950 Unclaimed Moneys Act 1950 Uncollected Goods Act 1996 Unit Titles Act 1970 DHHCC JACS JACS DUS Act assessed as not restricting competition. Act assessed as not restricting competition. Review not required. Review not required. Review completed in 2000. The Act has been the subject of a major non-NCP review. There are no identified restrictions on competition. Replacement legislation was passed in April 2001, to commence on 6 October 2001. Page 389 Legislation Review Compendium Name of legislation Agency Major restrictions Review activity Intradepartmental review completed in 1999. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Reform activity Uniting Church in Australia Act JACS 1977 University of Canberra Act 1989 Unlawful Games Act 1984 Utilities Act 2000 DECS CM DUS Act assessed as not restricting competition. Review not required. Targeted public review, as part of the review of gambling legislation, completed. Introduction of the Act followed public consultation and review of both existing regulatory arrangements and principles for effective regulation. Act amends or repeals a number of other electricity-related Acts including the Electricity Supply Act 1997, the Electricity Act 1971, the Energy and Water Act 1988 and the Essential Services (Continuity of Supply) Act 1992. Veterinary Surgeons Act 1965 DHHCC Licensing of veterinary surgeons, reservation of practices, reservation of title, and advertising restrictions. Review completed in March 2001, The Government agreed to the drafting proposing retention of licensing and of revised legislation. reservation of title, but removal of practice reservation and controls on advertising and ownership. Vocational Education and Training Act 1995 DECS Registration of training providers Intradepartmental review completed. Act retained without reform. and accreditation of training Concluded that public benefit of restrictions Amendments proposed to meet national providers. outweigh costs. requirements for mutual recognition of training organisations. Act assessed as not restricting competition. Mandatory insurance, and licensing of insurers. Review not required. Review completed in July 2000. Review recommended changes to scheme design elements and a greater capacity to selfinsure. Draft Exposure Bill released in December 2000. Debated and passed in the Legislative Assembly, in August 2001. Witness Protection Act 1996 Workers' Compensation Act 1951 JACS DUS Page 390 9 Australian Capital Territory Name of legislation Workers' Compensation Supplementation Fund Act 1980 Agency DUS Major restrictions Act assessed as not restricting competition. Review activity Review not required. Reform activity Act retained without reform. Page 391