1 COMMONWEALTH 1.1 Guide to the Commonwealth Legislation Review schedule The Commonwealth Legislation Review Schedule arises out of the requirements of the Competition Principles Agreement (CPA), under which the Commonwealth, State and Territory Governments agreed to review, and where appropriate, reform all legislation that restricts competition by the year 2000. The Commonwealth uses a regulation impact statement (RIS) framework to analyse legislation. The process incorporates an analysis of regulatory restrictions on competition, but also analyses the costs and benefits that legislation imposes on business. The use of the RIS framework provides a consistent, systematic and transparent process for assessing alternative approaches to problems which may require Government action. The framework requires: identification of a problem or issue; identification of an objective; options for achieving the objective; assessment of costs and benefits (including compliance burden and small business issues); a recommendation; and a strategy to implement and review the preferred option. Progress to 31 March 1998 Twenty-eight reviews were scheduled to commence in 1997-98. At 31 March 1998, fifteen had commenced, of which one had been completed. The Wool International Act 1993 was deleted from the schedule, seven reviews were deferred and the remaining five reviews were still to commence. Of reviews commenced but not finalised in 1996-97, ten were still underway and two were completed in 1997-98. 7 Legislation Review Compendium 1.2 Abbreviations AG D DCITA DETYA DEH DFA DFAT DHAC DIMA DISR DAFF DTRS DVA DEWRSB PMC T Attorney-GeneralÕs Department Department of Defence Department of Communications, Information Technology and the Arts Department of Education, Training and Youth Affairs Department of the Environment and Heritage Department of Finance and Administration Department of Foreign Affairs and Trade Department of Health and Aged Care Department of Immigration and Multicultural Affairs Department of Industry, Science and Resources Department of Agriculture, Fisheries and Forestry Department of Transport and Regional Services Department of VeteransÕ Affairs Department of Employment, Workplace Relations and Small Business Prime Minister and Cabinet Treasury 8 1.3 Legislation review schedule: Commonwealth Updated to 31 March 1998 Name of legislation Aboriginal and Torres Strait Islander Heritage Protection Act 1984 Aboriginal Land Rights (Northern Territory) Act 1976 Affirmative Action (Equal Employment Opportunity for Women) Act 1986 Agricultural and Veterinary Chemicals Act 1994 Anti-dumping Authority Act 1988, Customs Act 1901 Pt XVB and Customs Tariff (Anti-dumping) Act 1975 Australian Maritime Safety Authority Act 1990 Australian Postal Corporation Act 1989 Bankruptcy Act 1966 and Bankruptcy Rules - trustee registration provisions Bills of Exchange Act 1909 Bounty (Books) Act 1986 Bounty (Fuel Ethanol) Act 1994 9 Agency PMC Description/Comment on review Review completed. Date of review 1996 Date review completed Reform progress Government is considering recommendations. PMC DEWRSB Review delayed until 1997-98. 1996-97 1997Ð98 DAFF DISR National Review. TOR agreed. Brought forward from 1998-99. 1997-98 1997Ð98 DTRS DCITA AG Review completed. NCC Review completed. 1996-97 1996-97 1997Ð98 June 1997 Feb. 1998 Government considering recommendations. Government considering recommendations. 1 Commonwealth T DISR DISR Underway. Review completed. Review completed. 1996-97 1996 1996 Bounty ceased on 31 December 1997. Ethanol Bounty Scheme terminated. 10 Name of legislation Bounty (Machine Tools & Robots) Act 1985 Broadcasting Services Act 1992, Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, Radio Licence Fees Act 1964 and Television Licence Fees Act 1964 Census & Statistics Act 1905 Agency DISR DCITA Description/Comment on review Review completed. Review delayed until 1998-99. T Review completed as part of the Small Business Deregulation Taskforce. Coasting Trade Provisions of the Navigation Act 1912 (Part VI) Commerce (Imports) Regulations and Customs Prohibited Imports Regulations Corporations Act 1989 DTRS DISR T Review subsumed into Corporate Law Economic Reform Program which commenced 4 March 1997. Customs Act (Prohibited exports nuclear materials) - export controls under reg 11 Customs Act 1901 Sections 154161L AG AG Customs Tariff Act 1995 Automotive Industry Arrangements AG Review may be deferred on the basis of allowing new arrangements to operate for a reasonable period before review. IC Inquiry into the automotive industry. Date of review 1996 1997Ð98 Date review completed Legislation Review Compendium Reform progress Bounty ceased on 30 June 1997. 1996 ABS required to reduce the cost to small business of completing statistical returns by 20 per cent in 1996-97. Code of conduct for private sector statistical collection agencies. 1998Ð99 1996 Review completed. 1996 1998Ð99 1997Ð98 1996-97 May 1997 Tariff phase down to 15% in 2000, followed by a pause until 2005, then further tariff reductions to 10% in 2005. Name of legislation Customs Tariff Act 1995 - Textiles Clothing and Footwear Arrangements Dairy Industry Legislation Defence Act 1903 (Army and Airforce Canteen Services Regulations) Defence Force (Home Loans Assistance) Act 1990 Defence Housing Authority Act 1987 Agency AG Description/Comment on review IC Inquiry into the textile, clothing and footwear industry. Date of review 1996-97 Date review completed Sept. 1997 Reform progress Tariff phase down until 2000, followed by a pause until 2005, then further tariff reductions in 2005. DAFF D 1998Ð99 1999Ð00 D D TOR agreed 9 June 1998. 1998Ð99 1997Ð98 Following a broad internal review of Government business enterprises the Government announced that DHA would be retained under Government ownership Some issues addressed in Government response to Mortimer review. Dried Vine Fruits Legislation Duty Drawback (Customs Regulations 129 to 136B) and TEXCO (Tariff Export Concession Scheme) - Customs Tariff Act 1995, Schedule 4, Item 21, Treatment CodeÊ421 Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 Employment Services Act 1994 (case management issues) DAFF AG Review completed. 1998Ð99 1996-97 DETYA 1996 DEWRSB 1996-97 Review completed. Act extended for a further two years to allow development of self regulating measures. Review de-listed, and provisions to be replaced by Reform of Employment Services Bill 1996. 1 Commonwealth 11 12 Name of legislation Environmental Protection (Nuclear Codes) Act 1978 Agency DHAC Description/Comment on review Export Control (Unprocessed Wood) Regulations under the Export Control Act 1982 Export Control Act 1982 (fish, grains, dairy, processed foods etc) Export Finance & Insurance Corporation Act 1991 and Export Finance & Insurance Corporation (Transitional Provisions and Consequential Amendments) Act 1991 Financial Corporations Act 1974 Financial system Ð comprehensive review of the regulatory framework DAFF Deferred from 1997-98 to 1998-99. DAFF DISR T T Financial Transactions Reports Act 1988 and regulations Fisheries legislation Foreign Investment Policy, including associated regulation General Insurance Supervisory Levy Act 1989 AG DAFF T T Review underway. Deferred until 98-99 in light of Wallis response. Date of review 1997Ð98 Date review completed Legislation Review Compendium Reform progress A National Review was initiated by the States and Territories. The Commonwealth subsequently decided to meet its review obligations through the national review. 1998-99 1998Ð99 1998Ð99 1998Ð99 1996 April 1997 The Wallis Inquiry examined the Australian financial system, making recommendations on regalatory change. Government announced package of reforms in September 1997. 1998Ð99 1998Ð99 1996-97 1997Ð98 Name of legislation Hazardous Waste (Regulation of Imports & Exports) Act 1989, Hazardous Waste (Regulation of Imports & Exports) Amendment Bill 1995 and also related regulations Health Insurance Act 1973, Part IIA Higher Education Funding Act 1988 plus: Vocational Education & Training Funding Act 1992 and any other regulation with similar effects to the Higher Education Funding Act 1988 Home & Community Care Act 1985 Imported Food Control Act 1992 and regulations Income Equalisation Deposits (Interest Adjustment) Act 1984 and Loan (Income Equalisation Deposits ) Act 1976 Industrial Relations Act 1988 Agency DEH Description/Comment on review Date of review 1998Ð99 Date review completed Reform progress DHAC DETYA 1998-99 1997Ð98 Published April 1998. Overtaken by West Review which has been completed. MinisterÕs press release welcomes report, but no decision. DHAC DAFF DAFF TOR signed off 2 March 1998. 1999Ð00 1997Ð98 1996-97 Review completed. These schemes are to be replaced by the Farm Management Deposit Scheme to be introduced in 1998. Changes to structure for negotiating wages and conditions. Legislation replaced by the Workplace Relations Act 1996. 1 Commonwealth DEWRSB Review subsumed into major restructuring of industrial relations legislation. Deferred until 98-99 in light of Wallis response. 1996 Insurance (Agents & Brokers) Act 1984 T 1997Ð98 13 14 Name of legislation Intellectual property protection legislation (Designs Act 1906, Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968 and possibly the Circuit Layouts Act 1989) International Air Service Agreements (ASAs) Agency AG and DISR Description/Comment on review DTRS International Air Services Commission Act 1992 International Arbitration Act 1974 Land Acquisition Acts: a) Land Acquisition Act 1989 and regulations b) Land Acquisitions (Defence) Act 1968 c) Land Acquisition (Northern Territory Pastoral Leases) Act 1981 Life Insurance Supervisory Levy Act 1989 Migration Act 1958 Ñ sub-classes 120 and 121 (business visas) DTRS AG DFA This review has been combined with the review of International Air Services Commission Act 1992. Review by Productivity Commission underway. See International Air Services Agreements above. T DIMA Deferred until 98-99 in light of Wallis response. Date of review 1998Ð99 Date review completed Legislation Review Compendium Reform progress 1996-97 1997Ð98 1996-97 1998Ð99 Aug. 1997 Review completed. Government considering recommendations. 1997Ð98 1996-97 March 1997 Review completed. Amendments to procedures came into effect Nov. 1997. Name of legislation Migration Act 1958 Ñ sub-classes 560, 562 and 563 (student visas) Agency DIMA Description/Comment on review Date of review 1996-97 Date review completed Reform progress Report almost finalised as at July 1998. Review expected to report how student visa policies and procedures can support the Overseas Student Program without compromising the integrity of AustraliaÕs migration program. Migration Act 1958 Ñ sub-classes 676 and 686 (tourist visas) DIMA Migration Act 1958, Pt 3 (Migration Agents and Immigration Assistance) and related regulations DIMA Review postponed until later half of 1998. Need for review to be considered in light of $50 levy to apply 1 July 1997. Review combined with that for Migration Agents Registration (Application) Levy Act 1992 and Migration Agents Registration (Renewal) Levy Act 1992. Review completed. 1996-97 1996-97 March 1997 Government accepted findings and were passed into legislation in December 1997. Legislation became fully effective in March 1998. Migration Agents Registration (Application) Levy Act 1992 and Migration Agents Registration (Renewal) Levy Act 1992 Moomba-Sydney Pipeline System Sale Act 1994 - Part 6 (access provisions) Motor Vehicle Standards Act 1989 Mutual Recognition Act 1992 DIMA 1996-97 March 1997 Review completed. Government decision to move the migration advice industry to statutory self-regulation.* Legislation became fully effective in March 1998. T 1999Ð00 DTRS DETYA and DISR Commenced. Discussion paper released around April/May. This has become a national review under the auspices of the COAG Committee on Regulatory Reform. The Review is expected to report in July 1998. 1997Ð98 1997Ð98 1 Commonwealth 15 16 Name of legislation National Food Authority Act 1991 Food Standards Code National Health Act 1953 (Part 6 & Schedule 1) and Health Insurance Act 1973 (Part 3) Agency DHAC Description/Comment on review Included in national review of Food Regulation expected to report in June 1998. Review incorporated into IC inquiry ÒPrivate Health InsuranceÓ. Review completed. DHAC National Residue Survey Administration Act 1992 and related Acts National Road Transport Commission Act 1991 and related Acts DAFF TOR signed off June 1998. DTRS Native Title Act 1993 and regulations Nuclear Safeguards (Producers of Uranium Ore Concentrates) Charge Act 1993 and regulations Ozone Protection Act 1989 & Ozone Protection (Amendment) Act 1995 PMC DFAT DEH Date of review 1998Ð99 Date review completed Legislation Review Compendium Reform progress New model Food Act being developed by the ANZ Food Authority. 1997Ð98 Feb. 1997 Gov. accepted most recommendations but some are subject to further investigation. Review terms of reference did not allow the Industry Commission to examine effect of community rating. 1997Ð98 1996-97 April 1997 Review completed. COAG has endorsed final report, but has requested that legislation be finalised before report is publicly released. Act extended to Jan 1999 to continue reform process. 1999Ð00 1996-97 Review published 23 June 1997. Review completed. Government considering recommendations. 1999Ð00 Name of legislation Patents Act 1990, S198-202 (Patent Attorney registration) Agency DISR Description/Comment on review Date of review 1996 Date review completed Reform progress Review completed. In February 1997, the Government announced it would make changes to the Act including broadening the range of experience for qualifications in patents and removed restrictions to practice in trade marks and designs. Petroleum (Submerged Lands) Act 1967 Petroleum Retail Marketing Franchise Act 1980 Petroleum Retail Marketing Sites Act 1980 Pig Industry Act 1986 and related Acts Pooled Development Funds Act 1992 Prawn Boat Levy Act 1995 Prices Surveillance Act 1983 Primary Industries Levies Acts and related Collection Acts Proceeds of Crime Act 1987 and regulations Protection of Movable Cultural Heritage Act 1986 Quarantine Act 1908 Quarantine Act 1908, in relation to human quarantine DISR DISR DISR DAFF DISR DAFF T DAFF TOR signed off June 1998. Review underway. 1999Ð00 1997Ð98 1997Ð98 1997Ð98 1996-97 1998Ð99 1998Ð99 1997Ð98 TOR settled with ORR but signing off subject to satisfactory composition of committee. AG DCITA 1998Ð99 1996 Review completed. No Government response. Amendments to Act likely by 2000. Review completed. 1 Commonwealth DAFF DHAC TOR signed 2 September 1997. In progress. Completion expected June 1998. 1996 1996-97 17 18 Name of legislation Radiocommunications Act 1992 and related Acts Agency DCITA Description/Comment on review Review commenced in June 1997. Public draft report released around April-May 1998.Report expected by June 1998. Rural Adjustment Act 1992 and States and Northern Territory Grants (Rural Adjustment) Acts Shipping Registration Act 1981 Spectrum Management Agency (SMA) - review of SMAÕs marketbased reforms and activities. Superannuation Acts including: Occupational Superannuation Standards Regulations Applications Act 1992, Superannuation (Financial Assistance Funding) Levy Act 1993, Superannuation Entities (Taxation) Act 1987, Superannuation Industry (Supervision) Act 1993, Superannuation (Resolution of Complaints) Act 1993 and the Superannuation Supervisory Levy Act 1991 Torres Strait Fisheries Act 1984 and related Acts Trade Practices (Consumer Product Information Standards) (Care for clothing and other textile products labelling) Regulations DAFF DTRS DCITA Likely to begin in late 1998. T Deferred one year in light of Government response to Wallis inquiry. DAFF TOR finalised 5 February 1998. In progress and expected to report on 31 July 1998. DISR Date of review 1996-97 Date review completed Legislation Review Compendium Reform progress 1996-97 May 1997 1996-97 1997Ð98 Review complete. In Sept. 1997. RAS was replaced by a range of other support schemes. Government decision included in Ôrural packageÕ. Review completed. 1997Ð98 1997Ð98 1996-97 Completed 30 June 1997. Review completed. Less prescriptive mandatory core labelling to be introduced. Labelling standard circulated for public comment. Name of legislation Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations Trade Practices Act (including exemptions) - Part IIIA (access regime) Trade Practices Act 1974 (s 51(2) and s 51(3) exemption provisions) Trade Practices Act 1974 - 2D exemptions (local government activities) Trade Practices Act 1974 - fees charged Trade Practices Act 1974 Part X (shipping lines) TradesmenÕs Rights Regulation Act 1946 VeteransÕ Entitlement Act 1986 [VEA]) - Treatment Principles (under section 90 of the VEA) and Repatriation Private Patient Principles (under section 90A) Wheat Marketing Act 1989 Wool International Act 1993 Agency DISR Description/Comment on review TOR finalised 12 November 1997. In progress and expected to report on 30 June 1998. Date of review 1997Ð98 Date review completed Reform progress T 1999Ð00 T T TOR signed off 30/4/98. Review advertised nationally 15/6/98. 1997Ð98 1999Ð00 T DTRS DEWRSB DVA Review underway. Required to report to Treasurer 30 June 1998. 1999Ð00 1998Ð99 1996-97 1998Ð99 DAFF DAFF 1999Ð00 1997Ð98 To be deleted. The wool stock is being liquidated and once completed the Act will be repealed. 1 Commonwealth World Heritage Properties Conservation Act 1983 DEH 1998Ð99 19