10 Northern Territory Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the Northern Territory legislation review timetable. DBIRD DCDS&CA DEET DH&CS DIPE DOJ DPC NTT PAWA PFES TDZ TIO Department of Business, Industry and Resources Development Department of Community Development, Sport and Cultural Affairs Department of Employment, Education and Training Department of Health and Community Services Department of Infrastructure, Planning and Environment Department of Justice Darwin Port Corporation Northern Territory Treasury Power and Water Authority Northern Territory Police, Fire and Emergency Services Trade Development Zone Authority Territory Insurance Office Page 393 Legislation Review Compendium Legislation review schedule: Northern Territory Updated to September 2001 Name of legislation Agency Major restrictions Establishes licensing regime and standards for premises slaughter of buffalo (Regulation 7), abattoir licence (Regulation 5). Review activity Review completed in 1997. Reform activity Act repealed and replaced by the Meat Industries Act 1996. Abattoirs and Slaughtering Act DBIRD and Regulations Adoption of Children Act DH&CS Governs the adoption of children Internal review by the Department within the NT. It restricts market completed in 2001. Review found all entry by limiting the organisation restrictions to provide a net public benefit. and approval of adoptions to the Minister or persons approved by the Minister (s74) Licensing (real estate agents, agent's representative, conveyancing agent), registration, entry requirements (fit and proper person, aged at least 18 years, education or experience, competency), reservation of practice, and disciplinary processes, business conduct (maintenance of office in NT, professional indemnity insurance, fidelity fund, trust monies). Review completed in November 2000. Review recommended changes to entry requirements, the reservation of practice, and business conduct. The Government endorsed most of the review recommendations. Does not support investigating tendering out sole rights to deliver realty education. Wider non-National Competition Policy (NCP) specific review to occur. Agent's Licensing Act DBIRD Page 394 10 Northern Territory Name of legislation Agricultural and Veterinary Chemicals (NT) Act Agency DBIRD Major restrictions Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Review activity Reform activity 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). Architects Act DIPE Registration, entry requirements, National review, by the Productivity A States and Territories working group reservation of title, and Commission (PC), completed in August is developing a national response to the disciplinary processes. 2000, and publicly released in November PC review. 2000. (Previously completed NT review put on hold.) PC review involved public consultation via public release of issues paper, draft report, consultation, public hearings and submissions. Review recommended repeal of the Act. Licensing, entry requirements Semi-public review underway. (aged over 18 years, good character, fit and proper person), reservation of practice, and business conduct (maintenance of records for at least 12 months, auctions between 8am and 11pm). Licensing and provision for establishment of building technical standards, registration of building practitioners and certifiers, regulation of building matters (including the registration of building products), the granting of permits, and establishment of appeals processes. Technically focused public review underway. Public consultation phase and consultant report completed in October 1999. Review outcomes subject of draft Cabinet submission circulated to agencies for comment in November 1999. NCP review outcomes to be incorporated in general review of the Act now underway. Auctioneer's Act DBIRD Building Act DIPE Page 395 Legislation Review Compendium Name of legislation Building Societies Act Agency DBIRD Major restrictions Licensing. Review activity Review completed in 1997. Reform activity Act repealed in May 1998. Building Societies are currently registered under the Financial Sector Reform (NT) Act as part of a national legislative scheme. Business Franchise Act NTT Licence to sell tobacco or petroleum products (s14). Targeted review completed in 1998. The Government accepted the review Licensing and registration requirements are recommendations. not considered to restrict competition. Internal review completed in July 2000. Public notices of the review were also placed in NT newspapers. Review found the Act has been applied in a non-uniform manner. In 1975 a Ministerial declaration allowed under section 2 limited the Act's application to within 26 kilometres of the Darwin general post office (GPO). About 20% of all caravan parks in the NT are located in this area. This limited application is indicative of the Act being generally outdated. Many provisions have been duplicated in other legislation, while other aspects of caravan service regulation are currently dealt with through convention and measures such as a service accreditation program. New legislation, to be applied uniformly, has been suggested to reflect current issues in service provision with corresponding regulations on industry practice. Review recommended the Act be repealed, and relevant parties be involved in preparing new legislation. Review completed in August 2000. The Government accepted the review recommendation. Repeal Act was passed by the Legislative Assembly in November 2000. Repeal expected to take effect during 2001. Caravan Parks Act DCDS&C Regulates caravan parks. Only A applies to some parts of the Territory. May create anticompetitive effects between controlled and uncontrolled areas. Cemeteries Act DCDS&C Provides for the establishment, A maintenance and control of cemeteries. New legislation passed in November 2000, providing for non-undertakers to be eligible for a one-off licence and persons other than councils eligible to erect a crematorium. Page 396 10 Northern Territory Name of legislation Classification of Publications, Films and Computer Games Act Agency DOJ Major restrictions The Act is part of a national scheme which provides for the classification of films, videos, computer games and publications. It contains provisions which regulate the sale of such materials. Additionally, it contains a prohibition concerning the manufacture of 'X' style videos in the NT. Review activity Reform activity Departmental review completed in April The Government endorsed the review 2000. Comments were sought from State recommendations in 2000. and Territory Government agencies. A full public review was not considered necessary because: • the Act is mainly comprised of offences created to reflect government policy positions on issues of morality; • there is no evidence that these policy positions are under any challenge; • of the various regulatory options, the one in the Act is of the lightest kind. That is, there is no licensing or registration scheme and there is no payment of any fees required for activities in the NT; and • to the extent that the Act supports some heavy regulation (namely the requirement for the classification, on payment of a fee, of most videos, films and computer games and of some publications) the regulation is, for most practical purposes, national. Review found that the anticompetitive provisions can be justified as being in the public benefit. No reform recommended. Page 397 Legislation Review Compendium Name of legislation Commercial and Private Agents Licensing Act Agency DBIRD Major restrictions Licensing (commercial agents, process servers, inquiry agents, private bailiffs), registration, entry requirements (age over 18 years, resident of the Territory, fit and proper, not found guilty of offence that warrants refusal of licence, any person may object to issuing of licence), the reservation of practice, disciplinary processes, business conduct (provide bond, trust account, prescribed records, local (but not interstate) licensed agent must have a nominee and branch manager resident in the NT), and business licensing. Review activity Review completed in November 1999. Review recommended: retaining exemption from positive licensing all persons of particular occupations who perform agent roles incidental to their occupation (but introducing negative licensing); continuing licensing of employees and sub-agents; issuing licences for a fixed period (a suggested two years); transferring responsibility for licensing to the Industries and Business portfolio; making various changes to business conduct requirements (requirement to issue receipts, change to trust account arrangements; consideration of issue of bonds and indemnity insurance in late 2000); and undertaking a further review to implement best practice licensing processes. Reform activity The Government endorsed the review recommendations, and enacted legislation in 2000 to transfer the licensing from the local court to the Commissioner for Consumer Affairs and to introduce fixed three-year licences in lieu of indefinite licences. Legislation awaits commencement. Commercial Passenger (Road) DIPE Transport Act Limitations on number of taxi and Review completed in June 1998. It hire car licences. recommended deregulation of entry, with buyback of existing licences at full market value, to be funded by substantial licence fees over several years. Competition issues addressed in the Commercial Passenger (Road) Transport Amendment Act 1998, which commenced in January 1999. Only residual issue is maximum fare regulation. [The Government announced a six month freeze on issue of new taxi licences in December 2001.] The Government noted the NCP review's conclusion that the restrictions are in the public interest. It delayed its decision regarding alternative methods for achieving the objectives of the Act (relating to voluntary care), pending development of broader proposals concerning voluntary care and support services for young children. Community Welfare Act DH&CS Provides for the protection and welfare of children. Licensing of childcare centres (Div 2). Targeted review completed in 2000. Review concluded that in general, the public benefits of the competitively restrictive features of the Act exceed their public cost by a large margin, and they should therefore be retained. Page 398 10 Northern Territory Name of legislation Consumer Affairs and Fair Trading Act (NT Regulations) and Amendment Act 1996 Part 1 of 3 Agency DOJ Major restrictions Licensing and business conduct restrictions for pawnbrokers and second hand dealers, motor vehicle dealers, door-to-door sales and credit providers provisions. Code of practice for tow truck operators. Review activity Review by the Centre for International Economics (CIE) completed in 2000. Review recommended the retention of restrictions relating to product safety and product information and door-to-door trading and the code of practice for tow truck operators. It recommended procompetitive change to fair reporting and credit provider provisions. Recommended that Part 8 (fair reporting) be repealed, but that repeal be deferred until a report on the databases is received and the implications are determined. Motor vehicle dealers: recommended removing requirements for licensee to submit annual financial returns; removing requirements for approval of dealer managers; removing power to require banker's guarantee; and formalising the financial test applied for new licences. Reform activity The Government endorsed the review recommendations except in relation to Part 8 (fair reporting) in November 2000. This was not supported as Part 8 entitles NT residents to wider information that may be held about them other than just credit information. There are negligible costs to business in providing the information or access to the information. It was considered the incremental benefits outweigh the additional costs of providing access to non-credit related information. The Government did not accept recommendation to remove requirements for the approval of motor vehicle dealer managers. The Government considers the costs are low, while the potential costs to consumers associated with not having a designated responsible person on site could be significant. Also licensing of motor vehicle dealer managers allows for the screening of motor vehicle dealers and helps provide confidence to consumers that the person is reputable. Page 399 Legislation Review Compendium Name of legislation Consumer Affairs and Fair Trading Act (NT Regulations) and Amendment Act 1996 Part 2 of 3 Agency DOJ Major restrictions Part of legislation relating to travel agent's licence. Licensing and compulsory consumer compensation fund. Review activity National review underway (coordinated by WA). A review report by CIE was released in 2000. Public consultation involved release of issues paper, background paper, consultation and 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. Public comments on the final report are to be considered by the Ministerial Council for Consumer Affairs (MCCA). Reform activity Consumer Affairs and Fair Trading Act (NT Regulations) and Amendment Act 1996 Part 3 of 3 Consumer Credit (Northern Territory) Act DOJ Sundry fair play provisions regarding the regulation of advertising, banning of potentially unsafe goods etc. Review underway. Issues paper released June 2000. DOJ National review underway. Page 400 10 Northern Territory Name of legislation Dangerous Goods Act and Regulations Agency DEET Major restrictions Sets requirements for the transport, storage and handling of dangerous goods. Business licences to manufacture, store, convey, sell, import or possess prescribed dangerous goods (s 15 - 21). Operators' licences for: drivers of dangerous goods vehicles (Regulation 56); shotfirers (Regulation 132); gas fitters (Regulation 172); and autogas fitters (Regulation 202). Review activity Reform activity Implements national road reforms on the transport of dangerous goods and changes other dangerous goods legislation. Act repealed and the new Dangerous Goods Act assented to 30 March 1998. Draft regulations being prepared. These may contain competition restrictions, and if so, will be subject to NCP process. Legislation replaced by the Darwin Port Corporation Act. Marine safety by-laws covering harbour craft engaged in commercial activities to be repealed as marine safety is provided for in the Marine Act. Port by-law providing for Ministerial discretion in granting exemptions from pilotage requirements to be replaced by specified criteria for exemption. By-law covering levying of fees for stevedoring licence to be retained. See the Darwin Port Corporation Act. Darwin Port Authority Act and DPC By-laws Establishes the Darwin Port Independent review undertaken in 1997 Authority. Prescribes functions and 1998, with subsequent further and powers: monopoly powers; consultation. licensing arrangements and fees; issue, renewal and cancellation of stevedoring licences; controls shipping movements in port; exemption from local government charges; harbour craft by-laws; vessels engaged in commercial activities (safety issue); exemptions from pilotage requirements; and partial exemption from the Corporations Law. Changes the name of the Darwin Port Authority to the Darwin Port Corporation. Darwin Port Authority Amendment Act DPC Page 401 Legislation Review Compendium Name of legislation Darwin Port Corporation Act Agency DPC Major restrictions Review activity Reform activity Establishes the Darwin Port Review completed in 2001. See the Darwin The Government accepted most of the Corporation (name changed from Port Authority Act. review recommendations. the Darwin Port Authority by the Recommendation to remove licensing of Darwin Port Authority stevedores not accepted (the Amendment Act). See the Darwin Government considered licensing to be Port Authority Act. the most cost effective way of monitoring environmental and health and safety standards at Darwin Port) but the licence fee was reduced from $10000 to an administrative fee. The Corporation's exemption from local government rates and charges to be removed (competitive neutrality). The Government considering reforming the Corporation's partial exemption from the Corporations Law as part of government business reform process, with changes to be implemented by June 2002 (competitive neutrality). See the Darwin Port Authority Act. Restrictions on entry, registration, title, practice, advertising, ownership, and disciplinary provisions. Provides for registration of nongovernment schools. Act assessed as not containing unjustified restrictions on competition. Full review by CIE completed in May 2000. Omnibus health practitioner Bill being Review recommended registering all drafted to replace this and other Acts. paraprofessionals, amending practice restrictions and removing ownership restrictions. Full NCP review not required. Dental Act DH&CS Education Act DEET Page 402 10 Northern Territory Name of legislation Electrical Workers and Contractors Act Agency DBIRD Major restrictions Licensing, registration, entry requirements (qualifications, experience, fit and proper), and reservation of practice (electrical work unless extra low voltage). Review activity Review by CIE completed in October 2000. Consultation involved public release of issues paper, consultation with stakeholders and submissions. Review recommended licensing should be maintained, but also that other means of signalling competence should be afforded comparable status, the board should consider removing additional experience requirements for contractors, the fit and proper person test should be amended to signal the criteria against which it is assessed, and exemptions to licensing requirements to the Power and Water Authority be removed. Recommended more general review of Act. Review, by Merrill Lynch and Fay Richwhite, conducted as part of the review of Power and Water Authority. The Department also reviewed the proposed regulatory framework, draft regulatory principles and draft determinations on regulated charges issued by the NT Utilities Commission. Reform activity The Government endorsed the review recommendations in November 2000. The necessary amendments are to be made following a review of the administrative structures supporting the Act. Electricity Act and Regulations PAWA Regulates the generation and safe use of electricity, and the reselling of electricity (s 14(5)); Part IV (Trade Practices Act 1974 (TPA)) conflicts. Sale and resale is prohibited without license (s 27); affects competition, restricts entry. Prohibits certain uses of electricity (s 29); Part IV (TPA) concerns. Price fixing in relation to licensee (s 30); Part IV (TPA) concerns and possibly reduces contestability. Liability limitation (s 32); possible competitive neutrality. Act binds the Crown (s 38). Regulation making powers (s 39). The Government introduced a package of legislative change to implement reform. The package included the repeal of the Electricity Act and its replacement with the Electricity Reform Act, amendments to the Power and Water Authority Act and the introduction of the Electricity Networks (Third Party Access) Act and the Utilities Commission Act. These changes were introduced in March 2000. Page 403 Legislation Review Compendium Name of legislation Energy Pipelines Act Agency DBIRD Major restrictions Establishes a regulatory framework for construction, operation, and maintenance of energy pipelines in NT. Review activity Reform activity Review completed. Review found Act retained without reform. anticompetitive provisions in the Act were justified in the public interest. The impact of restrictions considered to be low. Potential public safety and environmental benefits derived from regulating construction and operation of energy pipelines are likely to exceed direct enforcement, industry compliance, and broader economic costs. Approaches such as negative licensing, co-regulation, and self-regulation were rejected as unlikely to achieve objective of the Act more efficiently than existing legislative framework. Review completed in 1998. Review found the registration requirement was designed to facilitate collection of levy monies and does not restrict competition. Targeted review completed in 1998. The review found that the registration and certification requirements were legitimate administrative arrangements for revenue collection and did not represent significant barriers to market entry. Review of s29(2) completed in 1998. The review found that the investment guidelines are comparable to those of any financial institution, and that the benefits arising from the accountability of Government investment outweigh the costs associated with the guidelines. The Government accepted the review recommendations. Energy Resource Consumption NTT Levy Act Requires bulk consumers of oil (consuming more than 830000 litres per month) to register with Commissioner of Taxation (s7). Licensing. Financial Institutions Duty Act NTT Act retained without reform. Financial Management Act NTT The Government account to be held at a bank, requirements for determining suitable financial institutions and instruments for investing Government funds. The anticompetitive effect of section 27 removed by the Financial Institutions (Miscellaneous Amendments) Act 1997. No reform required for s29(2). Firearms Act PFES Armourer's licence (s20), Dealers Preliminary analysis indicated that licence (s17), Shooter's licence restrictions are overwhelming in the public for security firms (s 28/29), and interest. No reform recommended. Shooting gallery licence (s 31). The Government accepted the recommendation. Page 404 10 Northern Territory Name of legislation Fisheries Act 1996 and Regulations Agency DBIRD Major restrictions Review activity Reform activity Licensing of fishers. Input Review completed. Review controls on vessels, gear, fishing recommendations are being progressed for methods and landings. Output Cabinet consideration. controls such as total allowable catches, size and bag limits, and prohibitions on taking certain species. Standards for the preparation National review completed in 2000 (see the All Australian governments agreed in and sale of food etc. Registration NSW Food Act 1989). November 2000 to adopt the core of a food vending machine provisions of the Model Food Bill by (s13(6) and 13(7)). Various food November 2001. safety offences. Provides for the regulation and control of gaming. Licensing, exclusivity for casinos, market behaviour, permits, operational restrictions. General review, with particular attention to licensing elements, underway. Food Act DH&CS Gaming Control Act and Regulations NTT Gaming Machine Act 1995 NTT Provides for the licensing of Limited review underway. New legislation gaming machines in community impact being assessed. venues - establishes limits and controls on numbers of machines and locations. Granted to the Grain Marketing Review completed in 1997, recommending Board a monopoly over domestic repeal of the Act. and export marketing of all barley and coarse grains grown in the Territory. Act repealed in February 1997 resulting in the dissolution of the Grain Marketing Board. There are no remaining legislative controls over grain marketing in the NT. Grain Marketing Act 1983 DBIRD Page 405 Legislation Review Compendium Name of legislation Hawkers Act Agency Major restrictions Review activity Reform activity The Government accepted the review recommendations in September 2000. Bill to repeal passed in November 2000 (brought into effect in April 2001). DCDS&C Licensing, and business conduct. Stakeholder focused review completed in A August 2000. Review found licensing requirements, exemption provisions and restrictions on hawking on Crown land were anticompetitive, although necessary to protect the public in terms of proper commercial dealings and annoyance. However, it also found that the objectives of the legislation could be pursued through other legislation. Review recommended repealing the legislation, pending consideration of other legislative means for regulating hawking offences. Registration as: Aboriginal Health Worker (s24); Chiropractor (s35); Occupational Therapist (s38); Osteopath (s39); Physiotherapist (s40); and Psychologist (s41). Entry, registration, title, practice, and disciplinary provisions. Review completed in May 2000. Recommendations include retaining title restriction and removing generic practice restrictions. Health Practitioners and Allied DH&CS Professionals Registration Act Omnibus Bill to be implemented in line with recommendations. Page 406 10 Northern Territory Name of legislation Housing Act Agency Major restrictions Review activity Reform activity DCDS&C Act and Regulations establish the A legislative basis for the provision of public housing and housing assistance schemes in the Territory. Internal review, with independent oversight The Government endorsed the review provided by a steering committee recommendations in October 2000. comprised of Department of the Chief Minister, NT Treasury and Attorney General's Department officials, completed. Review found that the provisions of the Act that represent potential restrictions on competition are justified on social welfare and equity grounds. The review also considered alternative regulatory approaches such as outsourcing and the direct subsidisation of landlords. However, it was considered that these alternatives were unlikely to achieve the objectives of the Act in a more efficient manner than the current arrangements and therefore the review recommended no change to the legislation. Legal Practitioners (Incorporation) Act Legal Practitioners Act DOJ Legislation to consolidate and amend the law relating to the incorporation of legal practices. Licensing, registration, entry requirements, disciplinary processes, reservation of title and practice, disciplinary processes, and business conduct (including monopoly professional indemnity insurance and advertising). Review underway, and due to be completed in December 2001. Public review, in conjunction with the Legal Practitioners (Incorporation) Act, which imposes restrictions on who can own and control companies that provide legal services, underway. Issues paper released in September 2000. Review due to be completed in December 2001. DOJ Page 407 Legislation Review Compendium Name of legislation Licensed Surveyors Act Agency DIPE Major restrictions Licensing, registration, entry requirements (education, experience, possibly exams, fit and proper), the reservation of title and practice, disciplinary processes, business conduct (including practice standards), and business licensing. Review activity Reform activity Review completed in October 1999. Review The Government endorsed the review concluded that potentially anticompetitive recommendations in February 2000. provisions could be justified under the Competition Principles Agreement (CPA). Liquor Act NTT Regulates the sale of alcohol. Targeted review underway. Review has Contains a public needs test. completed hearings and consideration of Licensing authorities are to have submissions. regard to the location and conditions of any licensed premises in the vicinity of the premises which are the subject of an application for a licence and community needs and wishes. Internal review completed in September 2000. Stakeholder comment invited and terms of reference consistent with NCP guidelines. Restrictions identified as anticompetitive were justified against public interest criteria. The Government accepted the review recommendations. Act retained without reform. Local Government Act, Regulations and By-Laws DCDS&C Provides for the constitution of A municipalities and community government areas, the election of self-governing authorities to control municipalities and community government areas and provides for a similarity of power and function between selfgoverning authorities. Page 408 10 Northern Territory Name of legislation Marine Act and Regulations Agency DIPE Major restrictions Applies national uniform shipping Law Codes. Licensing of certain commercial operations (part V), certificate of survey (s79(a)), permit for the operation of hireand-drive vessel (s4), certificate of competency (coxswain) (Schedule 3), and certificate of competency (masterclass-all) (Regulation 9). Various food safety offences. Licensing of processing facilities. Restrictions on entry, registration, title, practice, advertising, ownership, business conduct, and disciplinary provisions. Limits conduct of medical services, entry conditions and pricing. Review activity Reform activity Targeted review completed in January The Government accepted the review 2001. Review found that the restrictive recommendations in April 2001. elements of the Act are justified under NCP principles. Meat Industries Act 1996 Medical Act DBIRD DH&CS Review completed in 1998. Review completed in May 2000. Review recommendations included removing generic practice, ownership and advertising restrictions, and retaining title protection. Targeted review by CIE completed in May 2000. CIE found that none of the features of the Act were being implemented in an anticompetitive way, and concluded that the Act was consistent with NCP requirements. Minor administrative changes recommended. The Government accepted the review recommendations and is due to release a new omnibus Health Practitioners Registration Bill for consultation during 2001. The Government noted the review recommendations. However, no amendments will be made to the Act, pending the outcomes of a separate ongoing review of medical services framework legislation. Given that the Act is NCP compliant in its current form, the NT considers it is not in the public interest to devote scarce resources to amending the Act when such amendments may well be superseded in the foreseeable future. Medical Services Act DH&CS Mental Health Act DH&CS Provides for the care and treatment of the mentally ill. Review completed by CIE in May 2000. The Act to be retained without reform. review concluded that there is a strong net community benefit in the retention of existing restrictions in the Act, and recommended no changes. Page 409 Legislation Review Compendium Name of legislation Merlin Project Agreement Ratification Act Agency DBIRD Major restrictions Review activity Reform activity Provides mechanism for levying Review yet to commence. Act added to the royalties and imposing more review schedule in 2000. stringent security conditions than apply elsewhere to mining sites. Regulates occupational health and safety in mining. Review not required. Act to be repealed and replaced by the new Mining Management Bill (combining the essential elements of the existing Mine Management Act and Uranium Mining (Environmental Controls) Act). New Bill introduced in February 2001 Legislative Assembly sittings and to be subject to an NCP review before enactment. New Bill described as essentially administrative in nature, adopting a less prescriptive approach to mine site management. Mine operators required to take greater responsibility for decisions by satisfying industry-agreed competencies and standards. New Bill does not deal with property rights. Amendments to be made to the Mining Act to eliminate duplication with new Bill. Mine Management Act DBIRD Mining Act DBIRD Creates a regime for the valid Review underway, and expected to be grant of mining tenure in the NT, completed in September 2001. together with ongoing regulation. Mandatory insurance, monopoly Review by commissioned Taylor Fry insurer, and centralised premium Consulting Actuaries completed in setting. December 2000. Motor Vehicles Dealers Licence Part X, Div 3, SubDiv A, s132. See the Consumer Affairs and Fair Trading Act (NT Regulations) and Amendment Act 1996. Amendments to be made to eliminate duplication with the new Mine Management Bill. (Refer to Mine Management Act). The Government is considering the review recommendations. Motor Accidents (Compensation) Act Motor Vehicle Dealers Regulations TIO DBIRD Page 410 10 Northern Territory Name of legislation Motor Vehicles Act Agency DIPE Major restrictions Motor omnibus licence (s10(2)), pastoral vehicle permit (s137B), driving instructor's licence (25B), commercial passenger vehicle licence, and driving instructors. Registers training providers and accredits training courses. Act assessed as not containing unjustified restrictions on competition. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Requires Mereenie joint venture partners to meet certain lease conditions in investigating the possibility of constructing an oil refinery in Alice Springs. The refinery is not currently viable and has not been constructed. Restrictions on entry, registration, title, practice, ownership, and disciplinary provisions. Licensing issues and environmental controls. Review activity Review, except for Part V and section 137B, completed. Concluded while certain elements of the Act are anticompetitive, the results of a public benefit test show that the restrictions are in the public interest. Full NCP review not required. Reform activity Cabinet endorsed the review recommendations. Northern Territory Employment and Training Act DEET Nursing Act DH&CS Review completed in May 2000. Review recommendations included removing advertising and practice restrictions, and retaining title protection. Omnibus Bill to be drafted for consultation. Oil Refinery Agreement Ratification Act DBIRD Review completed in 1998. Review Act to be repealed. considered restrictions were justified in achieving regional development objectives, but considered the Act was no longer relevant. Review recommended the Act be repealed after the due date for renewal of the leases in 2002-03. Review completed in May 2000. Recommendations include removing ownership restrictions, modifying practice restrictions and retaining title protection. Targeted review completed in 1998. Omnibus Bill being drafted in line with recommendations. Optometrists Act DH&CS Ozone Protection Act and Regulations DIPE Legislation repealed. Ozone protection provisions incorporated into regulations under the Waste Management and Pollution Control Act. Page 411 Legislation Review Compendium Name of legislation Pawnbrokers Act Agency DBIRD Major restrictions Licensing. Review activity Review not required. Reform activity Act repealed in 1998 and pawnbrokers and second-hand dealers provisions included in the Consumer Affairs and Fair Trading Act. Pay-Roll Tax Act NTT Licensing and registration issues. Targeted review completed in 1998. Licensing and registration requirements are not considered to restrict competition. Licensing of slaughtering, processing and storage of pet meat, and the standard of premises. Review completed in 1997. Act repealed and replaced with the Meat Industries Act, which commenced in December 1997. Act repealed and replaced by the Petroleum Act. 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. Amendments to be developed by the Commonwealth and subsequently reflected in State and Territory legislation. Pet Meat Act DBIRD Petroleum (Prospecting and Mining) Act DBIRD Petroleum (Submerged Lands) DBIRD Act Petroleum Act DBIRD Regulates onshore exploration Review underway. The Steering Committee Government endorsement of review and recovery of petroleum in NT; is considering the final report. outcomes to be sought in March 2001. grants exclusive rights; and provides for technical and financial prescriptions. Page 412 10 Northern Territory Name of legislation Pharmacy Act Agency DH&CS Major restrictions Restrictions on entry, registration, title, practice, and discipline 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. Review underway, expected to be finalised in October 2001. Reform activity The Council of Australian Governments (CoAG) referred the report of the Wilkinson Review to a senior officials' working party, which is yet to report back to CoAG. Places of Public Entertainment DCDS&C Controls places of public Act A entertainment - Public Entertainment Licence (s6) Planning Act DIPE Provides for land use controls, planning appeals, issuance of development permits and developer contributions. Review of the 1999 Act completed in The Government endorsed the review September 2000. Review concluded that recommendations. the anticompetitive provisions deliver a net benefit to the community and recommended no amendments to the Act. Page 413 Legislation Review Compendium Name of legislation Plumbers and Drainers Licensing Act Agency DBIRD Major restrictions Licensing, registration, entry requirements (qualifications or experience, fitness of character), the reservation of practice (for plumbing: installing, altering, removing or repairing fixtures, fittings and pipes designed to receive and carry sewage or water, and the ventilation of those fixtures, fittings and pipes), business conduct (supervision). Review activity Reform activity Review completed in September 2000, The Government endorsed the review recommending: the Act should give explicit recommendations. recognition of national competencies-based approach, the Board's range of options in dealing with complaints should be made widely known, 'fit and proper person' test power of the Board should be maintained so long as appeal mechanisms are clear and accessible, and membership of the Board should be reviewed to establish whether the continued Power and Water Authority (PAWA) membership is desirable. Also recommended a more general review of the Act to in part examine the case for compliance certificates and the case for restricted plumbing licences to meet the needs of other trades. Poisons and Dangerous Drugs DH&CS Act Certificates of competency for Part of Galbally Review. Final review report pest controllers, and prescription under consideration by the Australian of drugs by health professionals Health Ministers Advisory Council. other than medical practitioners. The Act sets out controls and licensing for manufacture, wholesale, and retail sales. Page 414 10 Northern Territory Name of legislation Agency Major restrictions Review activity Reform activity Amendments in line with the review recommendations implemented. Power and Water Authority Act PAWA Establishes the Power and Water Review completed in March 2000. Authority, and prescribes functions and powers of the Authority, gives control of provision and supply etc of electricity, water and sewerage services in the NT. Exemption from rates; competitive neutrality issue. Price fixing regarding the Authority's agents; possible Part IV of TPA conflict. Regulation making powers; statutory power. Exemption from charges; competitive neutrality issue (s14, 15, 19, 25(b) and 33). Provides for the appointment of Controller of Prices who can declare maximum prices for services and goods prescribed by the Administrator. Licensing. Review completed, recommending the exercise of restrictions only at times of natural disaster, the specification of objectives and the regulation of monopoly behaviour under separate legislation. Review completed in May 2000. Review recommendations include the separation of the regulation of hospitals and nursing homes, that the objectives be clearly stated, that licensing be retained and extended to all aged care facilities, that current incorporation requirements be rescinded, and that approval for manager relief arrangements be rescinded. Review underway. Final report being prepared. Prices Regulation Act DOJ The Government accepted the review recommendations. Private Hospitals and Nursing Homes Act DH&CS The Government proposes to implement all of the review recommendations but one. The Government delayed giving further consideration to splitting the legislation into separate Acts, pending the outcomes of an ongoing review of medical services framework legislation. Private Security Act NTT Regulation of the provision of security services and for related purposes - accredited training requirement and a licensing regime for crowd controllers. Page 415 Legislation Review Compendium Name of legislation Prostitution Regulation Act Agency NTT Major restrictions Review activity Reform activity The Government adopted the review recommendation to make no change to the substance of the scheme of regulation. However, consistent with its policy of lessening the number of statutory bodies, the Government decided to abolish the Escort Agency Licensing Board and to transfer those functions to the NT Licensing Commission. This transfer became effective on 19 February 2001. Escort agents licensing, entry General review completed. Review not the requirement (sex workers who subject of separate public consultation due provide sex services under to recent reviews. agency agreements with escort agents must have an appropriate certificate from the Commissioner of Police), and business conduct (wide range of conditions that may be imposed by the licensing authority). Brothels are illegal. Registration of a boarding house (s35, 36), registration of an eating house (s12, 13). Includes registration of barbers' shops (s5), registration of a boarding house (s 35, 36), registration of an eating house (s12, 13), general sanitation, noxious trades, medical and dental inspection of school children and cytology register, among other things. Targeted review completed. Public Health (Shops, EatingHouses, Boarding Houses, Hotels and Hostels) Regulations Public Health Act DH&CS DH&CS Review completed in May 2000. Review recommends that no attempt be made to amend the current legislation but rather completely new legislation be drafted. A general structure for public health legislation has been circulated by the Government in an issues paper. This proposed structure reduces inconsistency and favours outcome rather than input standards. Page 416 10 Northern Territory Name of legislation Agency Major restrictions Some provisions may give the public trustee an advantage over competitors. These provisions include those that permit the Public Trustee to administer estates of small value without the need to obtain the approval of the Supreme Court. Also, the Public Trustee has the right to obtain information about estates and to take various measures designed to minimise unnecessary levels of disputation. A second group of provisions provide Government support to the business operations of the Public Trustee (for example through a Government indemnity for the administration of funds). Review activity Review completed. Review recommended that the provisions giving advantages to the Public Trustee be retained but that they be extended so as to apply to other professional personal representatives. Review also recommended the provisions supporting the business operations of the public trustee be amended so as to ensure competitive neutrality between the Public Trustee and its private sector competitors. Reform activity The Government accepted the review recommendations. The Public Trustee Amendment Bill and the Administration and Probate Amendment Bill, second reading, in November 2001. Public Trustee Act, and Public DOJ Trustee Amendment Act 1998 Racing and Betting Act NTT Licensing and registration. Full public review underway. Radiation (Safety Control) Act DH&CS 1978, and Radiation Safety Control Regulations 1980 Radiographers Act DH&CS Controls and regulates the National review completed. possession, use, transport and storage of radioactive substances and irradiating apparatus. Restrictions on entry, registration, title, practice, advertising and disciplinary provisions. Review completed May 2000. Review Recommendations included repealing the Act and transferring powers to the Chief Health Inspector under the Radiation (Safety Control) Act. The Government approved the drafting of legislation in line with the review recommendations. Page 417 Legislation Review Compendium Name of legislation Retirement Villages Act and Regulations Agency DOJ Major restrictions Regulates the operation of retirement villages and confers on the courts powers in respect of certain matters relating to retirement villages and for related purposes. Review activity Review underway. Reform activity Sale of NT TAB Act Stock (Artificial Breeding) Act Superannuation Act NTT DBIRD NTT Licensing and regulation of insemination. Establishes Northern Territory Government and Public Authorities Superannuation Scheme (NTGPASS). Review of parimutuel betting completed in February 2001. Review completed in 1998. Review, conducted in 1998, recommended that NTGPASS be closed with new employees being given the choice of compliant private superannuation funds. The Government is considering the review recommendations. Act repealed by the Stock (Artificial Breeding) Repeal Act. The Government accepted the review recommendations, and NTGPASS closed in July 1999. Taxation (Administration) Act NTT Registration as an Targeted review completed in 1998. Accommodation House (s80c), Licensing and registration requirements are registration as a lender (div 13, not considered to restrict competition. s72), register of a financial institution for electronic debit transaction duty (s29M), registration of insurers (div 6, s40), and register of life insurers (div 7, s46). Insurer for government, monopoly insurer for Compulsory Third Party (CTP), government guarantee of deposits and contracts without fee. Review completed in 2000. Review conducted in conjunction with recommendations of Wallis enquiry, recommending changes to two restrictions. The fees for guarantees are under review and can be levied without legislative amendment. The Territory Insurance Office Act passed in December 2000, changing references to 'the insurer' to 'an insurer' to remove technical monopoly, in effect just reflecting current arrangements, and removing TIO exclusivity with respect to CTP. (Separate review of CTP monopoly under the Motor Accidents Compensation Act). Territory Insurance Office (TIO) Act TIO Page 418 10 Northern Territory Name of legislation Territory Parks and Wildlife Conservation Act Agency DIPE Major restrictions Establishes parks and reserves, and protects and conserves wildlife. Grants sole rights to this form of betting. Review activity Reform activity Review completed in 1998. Act assessed as Act retained without reform. not restricting competition. Act repealed to accommodate the sale of NT TAB, and replaced by two new Acts - Totalizator Licensing and Regulation Act and the Sale of the NT TAB Act. Public review completed in February 2001. The Government is yet to consider the review recommendations. Totalizator Administration and NTT Betting Act Totalizator Licensing and Regulation Act Trade Development Zone Act Trade Measurement (Administration) Act NTT Establishes the regulatory framework for parimutuel betting. Licence to operate in the Trade Development Zone (s21,28). TDZ DOJ Review underway. Makes provision with respect to Review contingent on outcome of the the administration of the Trade national review of the Trade Measurement Measurement Act, and for related Act. purposes. Makes provision with respect to trade measurement in the NT as part of the scheme for uniform trade measurement legislation throughout Australia. National review underway. Trade Measurement Act DOJ Uranium Mining (Environmental Control) Act DBIRD Controls uranium mining in the Review not required. Alligator Rivers Region. Imposes restrictions, conditions and requirements that could discourage innovation and add to costs. Act to be repealed and replaced. Certain current provisions of the Act will be incorporated in a newly drafted Mine Management Bill. (See the Mine Management Act.) Page 419 Legislation Review Compendium Name of legislation Veterinarians Act 1994 Agency DBIRD Major restrictions Licensing of veterinary surgeons, reservation of practice, reservation of title, and advertising restrictions. Review activity Reform activity Review completed in December 1999. The Government endorsed the review Review recommended retention of recommendations. licensing, reservation of title and practice, removal of some advertising restrictions, and additional consumer representation on the Veterinary Board. Full public review of occupational health and safety provisions by CIE completed in September 2000. Issues paper on workers compensation provisions released. The Government is considering the review recommendations. Work Health Act and Work Health (Occupational Health and Safety) Regulations DEET Establishes the Work Health Authority and sets requirements for occupational health and safety. Registration requirements for the design of designated plant; pressure equipment, cranes and hoists, lifts, escalators and moving walks, amusement structures and scaffolding (Reg 93). Licensing of operators: pressure equipment operation, crane and hoist operators, industrial truck operation, scaffolding, rigging and asbestos removal (Reg 15). Workers compensation claims management. Page 420