2 NEW SOUTH WALES 2.1 Guide to the New South Wales legislation review schedule [Summarised from the New South Wales Government Report to the National Competition Council on the Application of National Competition Policy in NSW for the year ending December 1997, dated June 1998.] Legislative Review NSW examined all legislation to determine whether the legislation establishes market entry barriers or sanctions or requires conduct which has the potential to restrict competitive behaviour in the market. This examination also determined whether the costs of such legislation are unknown, unnecessarily high or may not be outweighed by the public benefit. In June 1996, NSW published a timetable of legislation appropriate for review in the NSW Government Policy Statement on Legislation Review. During 1997, several additional pieces of legislation were listed for review. Review panels are generally chaired by a senior officer of the relevant department. Review panels for all major or significant reviews include central agency representatives (the Cabinet Office and usually the Treasury) or consult closely with central agencies in the preparation of public issues papers and review reports. Where a review relates to a statutory authority and its role, the authority generally participates in the panel. The NSW Government considers that the integrity and independence of the panel is safeguarded by involvement of central agency representatives on the review panel. Formal terms of reference are developed for each review using a template terms of reference. Reviews are usually advertised with an outline of the process to be followed. An issues paper is prepared for most reviews expected to have a widespread and/or significant impact. 21 Legislation Review Compendium In 1997, NSW published guidelines entitled Consulting on Reform: A Consultation Framework for Review of Anti-Competitive Legislation. These guidelines aim to ensure reviews are conducted in an open and transparent manner, and public participation is facilitated. Most NCP reviews are State-based. However, NSW ensures that all reviews take account of relevant regulatory regimes in other jurisdictions and recent reforms or reform proposals. In 1997, NSW modified its template terms of reference to take account of this requirement. National reviews of similar legislation may be proposed where some or all jurisdictions agree on terms of reference. The COAG Committee on Regulatory Reform facilitates identification of possible national reviews and agreement by jurisdictions on review arrangements. Proposals for new legislation are required to take account of competition policy requirements. To ensure that this occurs, all proposals for new legislation or amendments to existing statutes are reviewed by officials of the Cabinet Office. Inconsistencies are either referred back to the responsible Minister for further consideration or brought to the attention of Cabinet. The GovernmentÕs legislation review timetable is reviewed by the Premier in consultation with other Ministers, in accordance with the GovernmentÕs overall policy agenda. The GovernmentÕs timetable will permit the completion of reviews of nominated legislation by the year 2000. The NSW Government is also conducting a licence reduction program. Over 250 licences have been reviewed, of which 85 have been nominated for repeal. Of these, 44 were administratively repealed, 7 were repealed by specific legislation, and 34 were included in the Regulatory Reduction Act 1996 for staged repeal by proclamation. At 1 January 1998, proclamations were made to repeal 21 licences. Proclamation of the remaining licences is awaiting completion of other review processes, including NCP review. Four security industry licences will now not be repealed following a comprehensive inquiry into regulation of the security industry and firearms. The inquiry led to the introduction of the Security Industry Act 1997. 22 2 New South Wales 2.2 Abbreviations The following abbreviations are used in the ÔAgencyÕ column of the New South Wales legislation review schedule. A Arts Ag Agriculture AG Attorney-General E Energy Env Environment F Fisheries FT Fair Trading GR Gaming and Racing H Health IR Industrial Relations LG Local Government LWC Land and Water Conservation MR Mineral Resources Po Police Pr Premier PW Ports and Waterways PWS Public Works and Services R Roads SR Sport and Recreation SRD State and Regional Development Tpt Transport Tr Treasurer UAP Urban Affairs and Planning 23 24 2.3 Legislation review schedule: New South Wales Updated to 31 December 1997 Name of legislation Agricultural Tenancies Act 1990 Agriculture and Veterinary Chemicals Act 1994 Agency Ag Description Regulates the rights of agricultural landowners, tenants and sharefarmers and provides for the determination of disputes by arbitration. Applies certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of NSW. Complementary to Commonwealth legislation. Prohibits, in certain circumstances, the carriage by aircraft of passengers or goods from one place to another within NSW except if a licence is granted by the Minister. Amends certain Acts. An Act to protect the welfare of animals used in connection with animal research. Regulates the keeping of bees; requires and provides for the registration of beekeepers; prevents the introduction of, and to control and eradicate, certain diseases and pests which afflict bees and apiaries and provides for the payment of compensation to registered beekeepers in certain cases. Review year 1996-97 Status of reform Underway. Legislation Review Compendium Ag 1996-97 Not commenced. Preliminary negotiations in progress for coordinated national review. Underway. Report being considered. Not commenced. Review rescheduled from 1997-98 to 1999-2000. Underway. Part of a generic review of all disease legislation. Air Transport Act 1964 Tpt 1995-96 Animal Research Act 1985 Apiaries Act 1985 Ag Ag 1999-2000 1996-97 Name of legislation Architects Act 1921 Agency PWS Description Provides for the registration of architects and regulation of the practice of architecture. Review year 1995-96 Australian Jockey Club Act 1873 (1) Sydney Turf Club Act 1943 (2) GR Banana Industry Act 1987 Ag (1) Extends period for which the trustees of Randwick Racecourse are enabled to grant leases and to enable members of the Australian Jockey Club to sue and be sued in the name of the Chairman. (2) Constitutes and incorporates the Sydney Turf Club and declares its objects, functions and powers and provides for associated matters. Constitutes the Banana Industry Committee (a statutory marketing authority) and links the compulsory grower charges to services provided by the committee. 1995-96 Status of reform Underway. Issues Paper released and submissions received. However, in the interests of achieving greater regulatory consistency, the Government is giving consideration to participation in a national review rather than completing the current State-based review. Underway. 1995-96 Biological Control Act 1985 Ag Makes provision for the biological control of pests in NSW. Complementary to Commonwealth legislation. 1996-97 Boxing and Wrestling Control Act 1986 SR Regulates the conduct of professional boxing; constitutes the Boxing Authority of NSW and defines its functions; regulates the conduct of wrestling and amateur boxing contests. 1995-96 Complete. The Government has agreed to; retain the Banana Industry Committee and its powers to provide industry service functions; remove some obsolete and unexercised powers of the Committee; and remove the CommitteeÕs Transport Direction power. To be deleted from review list. COAG Committee on Regulatory Reform determined that the legislation has no anti-competitive impacts. Not on Commonwealth list for review. NCC agrees to removal from State lists. Underway. Terms of Reference approved by Premier. 2 New South Wales 25 26 Name of legislation Bread Act 1969 Agency IR Building Services Corporation Act 1989 FT Description Makes provisions in respect of times for the baking and delivery of bread, licensing of bread manufacturers, certification of operative bakers, standard bread size; constitutes a Bread Industry Advisory Council and amends other Acts. Makes provisions concerning the residential building industry and certain specialist work and to constitute the Building Services Corporation and define its functions. Provides for the licensing of people carrying on the business of selling certain petroleum products. Provides for the licensing of people carrying on the business of selling tobacco. Relates to business licences. Makes provision with respect to the registration and use of business names. Provides for the establishment of a Cattle Compensation Fund and for payment of compensation to owners of cattle and carcasses of cattle destroyed as suffering from disease. Regulates the practice of chiropractic and osteopathy and repeals the Chiropractic Act 1987. Provides for a classification scheme for publications, films and computer games. Complementary to Commonwealth legislation. Review year 1995-96 Status of reform Complete. Legislation repealed. Legislation Review Compendium 1996-97 Business Franchise Licence (Petroleum Products) Act 1987 Business Franchise Licence (Tobacco) Act 1987 Business Licences Act 1990 Business Names Act 1962 Tr 1995-96 Underway. Legislative changes arising from the review have abolished the BSC, privatised the compulsory insurance arrangements and abolished business licensing. Additional reforms to occupational licensing under consideration. Complete. Legislation was repealed in December 1997. Complete Legislation was repealed in December 1997. Not commenced. Underway. Issues Paper being prepared for release in first half of 1998. Underway. Part of a generic review of all disease legislation. Underway. Issues Paper being finalised. Not commenced. Tr FT FT 1995-96 1997-98 1996-97 Cattle Compensation Act 1951 Ag 1996-97 Chiropractors and Osteopaths Act 1991 Classification (Publications Films and Computer Games) Enforcement Act 1995 H AG 1997-98 1999-2000 Name of legislation Coal Ownership (Restitution) Act 1990 (1) Coal Acquisition Act 1981 (2) Commercial Agents and Private Inquiry Agents Act 1963 Commercial Vessels Act 1979 (1) Maritime Services Act 1935 (2) Marine Pilotage Licensing Act 1971 (3) Construction Safety Act 1912 Agency MR Description (1) Provides for the restitution of certain coal acquired by the Crown as a result of the Coal Acquisition Act 1981. (2) Vests all coal in the Crown. Provides for the licensing and control of commercial agents, private inquiry agents and their subagents. (1) Regulates the use of certain vessels and of certain motors for propelling vessels; provides for marking of load lines and the carriage of certain equipment by vessels. (2) Provides for the constitution of the Maritime Services Board of NSW and its powers. (3) Provides for the licensing of pilots. Review year 1996-97 Po 1996-97 PW 1995-96 IR Provides for the regulation and inspection of construction work and consolidates the Acts controlling scaffolding and lifts. 1996-97 Consumer Credit (NSW) Act 1995 FT Regulates the provision of consumer credit. 1999-2000 Status of reform Complete. Acts will be superseded by new legislation - Coal Acquisition Amendment Act. The Acts are likely to be repealed when the Coal Compensation Board is abolished. Underway. Dealt with under Licence Reduction Program, but awaiting further consideration following Industrial Relations Commission inquiry. Complete. Dealt with under Licence Reduction Program. 10 licences and permits abolished from 2 February 1997 under the Regulatory Reduction Act 1996. The Marine Pilotage Licensing Act 1971 overlap with Commonwealth arrangements will be addressed through the National Marine Safety Regulatory Regime process agreed November 1997. Review not commenced. Linked to Occupational Health and Safety Act review. Creates several certificates of competency, some have already been reviewed and removed under the Licence Reduction Program. Not commenced. Likely national review. The Ministerial Council on Consumer Affairs is to undertake a post-implementation review of the Uniform Credit Code, to be completed in 1998. The COAG Committee on Regulatory Reform has agreed to this as a Ôscoping studyÕ for the NCP review. 2 New South Wales 27 28 Name of legislation Cooperatives Act 1992 (1) Cooperation Act 1923 (2) Council of Law Reporting Act 1969 Country Industries (Payroll Tax Rebates) Act 1977 Credit (Finance Brokers) Act 1984 Dairy Industry Act 1979 Agency FT AG SRD FT Ag Description (1) Provides for the establishment of cooperatives and the regulation of their operations. (2) Amends the law relating to cooperation; provides for the formation, registration and management of cooperative societies. Constitutes a Council of Law Reporting to New South Wales and defines its powers, authorities, duties and functions. Allows rebates of pay-roll tax in respect of certain country manufacturing or processing industries. Relates to the conduct of business of finance brokers. Constitutes the NSW Dairy Corporation which is responsible for the production, quality, supply and distribution of milk and the production, quality and storage of dairy products. Consolidates and amends the law relating to explosives and other dangerous substances. Review year 1997-98 Status of reform Not commenced. Legislation Review Compendium 1998-99 Not commenced. 1996-97 Underway. 1999-2000 1996-97 Not commenced. Review completed. Awaiting Cabinet decision. Dangerous Goods Act 1975 IR 1996-97 Draft national standard has been developed relating to the storage and handling of dangerous goods. Legislative amendments involving the transport of dangerous goods commenced 20 April 1998 to give effect to the first module of reforms to national road transport law developed through the National Road Transport Commission. The proposed Dangerous Goods (General) Regulation is expected to be finalised in September 1998. As per the OH& S Act, Workcover will consider a NCP review after the current process is complete. Name of legislation Dental Technician Registration Act 1975 Agency H Dentists Act 1989 Door to Door Sales Act 1967 H FT Description Constitutes the Dental Technicians Registration Board & defines its powers, authorities, duties and functions; makes provisions for the registration of dental technicians; regulates the qualifications for, and the effect of, registration. Regulates the practice of dentistry. Controls and regulates certain agreements relating to the sale or bailment of goods and the provision of services on credit. Make provision for the regulation of the dried fruits industry and reconstitutes the NSW Dried Fruits Board. Review year 1999-2000 Status of reform Not commenced. 1995-96 1996-97 Pre-consultation underway and issues paper being prepared. Not commenced. To be reviewed with the review of the Fair Trading Act 1987. Review unnecessary. Legislation repealed on 15 December 1997. Consistent with prior resolutions of the Board, the Government decided to dissolve the Board; repeal the Act; immediately deregulate the dried vine fruit industry; & provide for transitional arrangements for the prune industry. The transitional arrangements involve the making of a Prune Industry Marketing Order under the Marketing of Primary Products Act. The marketing order expires on 31/12/99. Its main purpose is to constitute the Prune Industry Marketing Committee which is to promote the smooth transition of the dried prune industry from a regulated to a deregulated industry. Underway. Issues Paper being prepared. Not commenced. 2 New South Wales Dried Fruits Act 1939 Ag 1997-98 Driving Instructors Act 1992 R Electricity (Pacific Power) Act 1950 E Provides for the licensing of driving instructors and repeals the Motor Vehicle Driving Instructors Act 1961. Provides for the constitution of the Electricity Commission of NSW defines its powers, authorities, duties and functions. Amends and repeals certain other Acts. 1995-96 1999-2000 29 30 Name of legislation Electricity Safety Act 1945 Agency E Electricity Supply Act 1995 E Electricity Transmission Authority Act 1994 Energy Administration Act 1987 E E Description Provides for the development of electricity supply; confers certain powers, authorities, duties and functions on the Energy Corporation of NSW; provides for the regulation of the sale and hiring of electrical apparatus and amends certain Acts. Regulates the supply of electricity in the wholesale and retail markets; sets out the functions of persons engaged in the conveyance and supply of electricity. Establishes the NSW Electricity Transmission Authority and defines its functions. Establishes the Department of Energy, constitutes the Energy Corporation of NSW and defines its functions. Relates to the regulation of the entertainment industry and amends and repeals certain legislation. Provides for the control of the effect on the environment of chemicals and chemical waste. Constitutes the Hazardous Chemicals Advisory Committee. An Act with respect to the exhibition of animals at marine or zoological parks, circuses and other places. Provides for the detection, containment and eradication of certain diseases affecting livestock and other animals. Review year 1999-2000 Status of reform Not commenced. Legislation Review Compendium 1999-2000 Not commenced. 1999-2000 1995-96 Not commenced. Complete. Licence and approval requirements repealed with proclamation of Electricity Supply Act 1995. Other provisions dealt with as part of structural reform of gas industry. Not commenced. Entertainment Industry Act 1989 Environmentally Hazardous Chemicals Act 1985 IR 1999-2000 Env 1995-96 Complete. Dealt with under the Licence Reduction Program. Underway. Being reviewed in conjunction with the review of the Non-Indigenous Animals Act. Underway. Part of a generic review of all disease legislation. Exhibited Animals Protection Act 1986 Exotic Diseases of Animals Act 1991 Ag 1997-98 Ag 1996-97 Name of legislation Factories, Shops and Industries Act 1962 Agency IR Description Makes provisions with respect to the supervision and regulation of factories, shops and certain other industries and to the health, safety and welfare of employees; restricts trading hours; controls advertising and description of goods; regulates outdoor work in clothing trade; restricts hours of trade and labour; controls advertising; creates licensing regime for hairdressers and prescriptive requirements for hairdressing premises. Regulates the supply, advertising and distribution of goods and services and, in certain respects, the disposal of interests in land. Makes provision for mediation concerning farm debts. Makes provision for the registration and regulation of farm produce merchants and farm produce agents. Provides for the registration of brand names for fertilisers and liming materials and regulates the sale of fertilisers, liming materials and trace element products. Relates to the management of fishery resources. Review year 1996-97 Status of reform Part 3: Not commenced. Linked to current reviews of the Occupational Health and Safety Act. Part 4: Not commenced. Trading Hours. Industrial issues. Part 6: Underway. Hairdressers. Not commenced. Fair Trading Act 1987 FT 1997-98 Farm Debt Mediation Act 1994 Farm Produce Act 1983 Ag 1996-97 Not commenced. Delayed due to previous review. Will probably commence mid 1998. Complete. Act repealed. Underway. Part of a generic review of all chemical residue legislation. Issues paper released. Not commenced. Standing Committee on Fisheries and Aquaculture is to undertake a scoping and methodology review as a precursor to State-based reviews. Not commenced. National review. Ag 1995-96 Fertiliser Act 1985 Ag 1996-97 Fisheries Management Act 1994 F 1999-2000 Food Act 1989 H Consolidates and amends the law relating to the preparation and sale of food. 1999-2000 2 New South Wales 31 32 Name of legislation Friendly Societies Act 1989 Agency Tr Description Provides for the formation, registration, management and regulation of friendly societies and to consequently appeal and amend certain other legislation. Review year 1997/98 Friendly Societies Dispensaries Enabling Act 1945 Funeral Funds Act 1979 Funeral Services Industry (Days of Operation) Act 1990 Gaming and Betting Act 1912 H Enables Friendly Societies to operate pharmacies. 1997-98 FT IR GR Controls and regulates contributory and prearranged funeral funds. Regulates the days of operation of businesses providing funeral, burial or cremation services. Consolidates Acts relating to games, wagers and betting houses, the restriction of race meetings and the licensing of race courses. 1996-97 1997-98 1997-98 Status of reform Review unnecessary. NSW adopted national template legislation (following Victorian NCP review) which became effective on 1 November 1997. Since this date, NSW has entered into negotiations with the Commonwealth regarding the transfer of responsibilities for credit unions, building societies and friendly societies to the Commonwealth Australian Prudential Regulatory Authority, with a view to this being concluded on or before 1 July 1999. Complete. Act repealed. Relevant provisions were incorporated into the Pharmacy Act, which is scheduled for national review in 1999. Underway. Final Report being prepared. Not commenced. Not commenced. Act is to be repealed and remade in three parts to be separately reviewed on existing timetable: core gaming and betting provisions (new Act); racecourse licensing (new Racing Administration Act); and two-up regulation (new Act or relocated in appropriate legislation). Not commenced. Legislation Review Compendium Gas Industry Restructuring Act 1986 E Makes provision with respect to the supply and consumption of gas and the regulation of gas distributors. 1999-2000 Name of legislation Government Guarantees Act 1934 Agency Tr Grain Marketing Act 1991 Greyhound Racing Control Board Act 1985 Harness Racing Act 1977 Hawkers Act 1974 Homing Pigeons Protection Act 1909 Horticultural Stock and Nurseries Act 1969 Ag GR Description Validates certain guarantees given to certain banks by the Treasurer or pursuant to Minutes of the Governor and Executive Council; authorises the Treasurer to execute certain guarantees in certain cases; makes certain contingent appropriations out of the Consolidated Revenue Fund and to amend certain Acts. Relates to the marketing of coarse grains and oilseeds and to constitute the NSW Grains Board. The Acts establish controlling bodies for these race codes. Review year 1997-98 Status of reform Not commenced. 1997-98 1998-99 Underway. Not commenced. FT Ag Ag Human Tissue Act 1983 H Provides for the licensing and control of hawkers. Provides for the protection of homing pigeons during flights. Provides for the registration of certain nurserymen and resellers of horticultural stock and regulates the sale or propagation of certain horticultural stock. Relates to the donation of tissue by living persons, the removal of tissue from deceased persons and the conduct of post-mortem examinations of deceased persons. 1995-96 1996-97 1996-/97 Complete. Act repealed. Complete. Act repealed. Underway. Final report being prepared by review group. Underway. Issues Paper released. Review is examining the regulation of blood and blood products. 1996-97 2 New South Wales 33 34 Name of legislation Industrial Relations Act 1991 Agency IR Description Restates and reforms the law concerning industrial relations. Review year 1996-97 Innkeepers Act 1968 GR To make provision with respect to certain rights and liabilities of innkeepers and persons having dealings with innkeepers. Levies a contribution in relation to certain land within the Sydney region. 1997-98 Land Development Contribution Act 1970 UAP 1997-98 Legal Profession Act 1987 AG Library Act 1939 (Library Regulation 1995) A Regulates the admission and practice of barristers and solicitors and repeals the Legal Practitioners Act 1898. Constitutes the Barristers Admission Board and Legal Practitioners Admission Board. Makes further provisions for the establishment, maintenance and management of libraries, library services and information services and creates certification scheme for librarians. 1996-97 Status of reform Industrial Relations (IR) Act 1991 repealed & replaced with IR Act 1996. Regulation of employment agents was separated from IR Act into Employment Agents (EA) Act 1996. The EA Act is being transferred from the administration of the Dept. of Industrial Relations to the Dept. of Fair Trading from 1 July 1998. The EA Act may be reviewed in light of recent Commonwealth reforms to employment services. Not commenced. Small review, possible repeal or transfer to other legislation. Review unnecessary. The Act was introduced to collect contributions from developers who benefit from rezonings. The Act has not been used to collect contributions for several years, and the subordinate legislation which provided the power to collect contributions has been repealed. The Act is likely to be repealed when the funds have been spent or allocated to other funds. Underway. Issues Paper released. Complete. Certification scheme abolished. Legislation Review Compendium 1995-96 Name of legislation Liquefied Petroleum Gas Act 1961 Liquefied Petroleum Gas (Grants) Act 1980 Local Government (Theatre and Public Halls) Amendment Act 1989 Local Government Act 1993 Agency E Description Regulates the supply of gas. Review year 1997-98 Status of reform Complete. Repealed by the Gas Supply Act 1996. LG LG Amends the Local Government Act to make provision for approval and regulation of places of public entertainment and certain structures. To provide for Local Government in New South Wales. 1995-96 1997/98 Complete. Dealt with under the Licence Reduction Program. Licence retained. Issues of public safety outweigh costs. Not commenced. Partly dealt with under the Licence Reduction Program and the recent reform of planning laws. However, the Act requires review under S 747 of the Act. Restrictions on competition not addressed during the aforementioned processes will be addressed in this review. Lord Howe Island Act 1953 and Lord Howe Island Regulation 1994 Lotteries and Art Unions Act 1901 Lotto Act 1979 NSW Lotteries Act 1990 Soccer Football Pools Act 1975 Marketing of Primary Products Act 1983 Env 1999 GR GR An Act with respect to the conduct of lotteries, games of chance and art unions. 1999-2000 1999-2000 Not commenced. Not commenced. The Acts were repealed and replaced by the NSW Lotteries Corporatisation Act 1996 and the Public Lotteries Act 1996. Not commenced. Act will be reviewed when all marketing boards and marketing orders constituted under it have been separately reviewed. Review completed. Awaiting Cabinet decision. Ag Meat Industry Act 1987 35 Ag Relates to the marketing of certain primary products and provides for the establishment of marketing boards in relation to certain of those products, and to enable the making of marketing orders. Constitutes the NSW Meat Industry Authority and provides for the regulation and control of the NSW meat industry. 1997-98 2 New South Wales 1995-96 36 Name of legislation Medical Practice Act 1992 Agency H Description Provides for the registration of medical practitioners and medical students, the making of complaints and disciplinary action. Part of Marketing of Primary Products Act 1983 (see below) which relates to the marketing of certain primary products and provides for the establishment of marketing boards and enables the making of marketing orders. Constitutes the MIA Wine Grapes Marketing Board - a statutory marketing authority responsible for the marketing of MIA wine grapes and to represent the interests of growers. (1) Makes better provision for the regulation and inspection of mines, other than coal and shale mines, and regulates the treatment of the products of such mines. (2) Regulates coal mines (and oil shale and kerosene shale mines) and certain related places. Makes provisions with respect to prospecting for and mining minerals. Amends the law in relation to monopolies and restraint of trade. (1) Relates to the recovery of damages and compulsory insurance against liability for the death or injury of persons as a consequence of motor accidents. (2) Requires that owners & drivers of motor vehicles are insured against liability in respect of death or bodily injury, amends the Transport Act 1930 & the Compensation to Relatives Act 1987. Review year 1995-96 MIA Citrus Fruit Promotion Marketing Committee Ag 1996-97 MIA Wine Grapes Marketing Board Ag 1995/96 Mines Inspection Act 1901 (1) Coal Mines Regulation Act 1982 (2) Mining Act 1992 Monopolies Act 1923 Motor Accidents Act 1988 (1) Motor Vehicles (Third Party Insurance) Act 1942 (2) MR 1996-97 1999-00 MR AG AG 1995-96 1995-96 1996-97 Status of reform Not commenced. Partly dealt with under the Licence Reduction Program (restrictions on advertising minimised), but Act to be subject to further review during 1998. Complete. Committee to be retained, but with removal of some industry functions and the narrowing of others to ensure greater accountability to constituent growers. Complete. Wine Grapes Marketing Board vesting power to be extended until 31 July 2000 and then cease. Extension subject to constrained conditions. Underway. A review of mine safety legislation is underway in response to the Mine Safety Review which reported in April 1997. The review will impact on both metalliferous and coal safety legislation and will take account of NCP requirements. Complete. Dealt with under the Licence Reduction Program. Complete. Possible repeal first session 1998. Underway. Issues Paper released. Legislation Review Compendium Name of legislation Motor Dealers Act 1974 No 52 (1) Motor Vehicles Repair Act 1980 (2) Agency FT Motor Vehicle Sports (Public Safety) Act 1985 Murray Valley Citrus Marketing Act 1989 (complementary with Murray Valley Citrus Marketing Act (Vic.)) Murray Valley Wines Grapes Industry Development Committee Murray Valley Wines Grapes Industry Negotiating Committee SR Ag Description (1) Provides for the granting of licences to people carrying on the business of a motor dealer, an auto-dismantler, a wholesaler, a motor vehicle parts reconstruction, a car market operator or a motor vehicle consultant, or a prescribed business; requires the keeping of certain records; imposes certain obligations on motor dealers; provides for the settlement of disputes and establishes a motor dealers compensation fund. (2) Constitutes the Motor Vehicle Repair Industry Council and confers on it licensing functions concerning repair businesses and tradesman and loss assessors. Makes provision for the control and regulation of meetings for motor vehicle racing. Makes provision for a joint NSW-Victorian scheme for marketing citrus fruit. Review year 1996-97 Status of reform Underway. Final report being prepared. 1995-96 1996-97 Underway. Issues Paper being prepared. Underway. Joint review with Victoria. Ag Constituted under the Marketing of Primary Products Act 1983. Constituted under the Marketing of Primary Products Act 1983. 1997-98 Underway. Joint review with Victoria. Underway. Joint review with Victoria. 2 New South Wales Ag 1997-98 37 38 Name of legislation National Parks and Wildlife Act 1974 Agency Env National Rail Corporation (Agreement) Act 1991 Tpt Navigation Act 1901 Non Indigenous Animals Act 1987 PW Ag Noxious Weeds Act 1993 Nurses Act 1991 Nursing Homes Act 1988 Ag H H Description Consolidates and amends the law relating to the establishment, preservation and management of national parks, historic sites and certain other areas and the protection of certain fauna, native plants and Aboriginal relics. Approves and gives effect to an agreement between NSW, the Commonwealth and other States relating to the National Rail Corporation Ltd. Consolidates the Acts relating to navigation. Controls and regulates the introduction into the State of certain species of animals and the movement and keeping of those animals within the State. Provides for the identification, classification and control of noxious weeds. Regulates the practice of nursing. Provides for the licensing and control of nursing homes. Review year 1995-96 Status of reform Complete. Dealt with under the Licence Reduction Program. Legislation Review Compendium 1996-97 Not commenced. Will need to be a national review. Not commenced. Underway. 1999-2000 1997-98 1996-97 1997-98 1997-98 Underway. Not commenced. Act will be reviewed in 1999. Not commenced. An inter-departmental committee is currently considering the implications of changes to the CommonwealthÕs Aged Care Act on State legislation. Review of the Nursing Homes Act will commence following completion of this process. Not commenced. The OH & S Act is the subject of several reviews with a view to making a consolidated OH & S regulation. Workcover proposes to assess the situation in the latter part of 1998 with the intention of undertaking specific competition reviews for completion 1998-99, if required. Occupational Health and Safety Act 1983 IR To secure the health, safety and welfare of persons at work and to amend certain other Acts. 1995-96 Name of legislation Optical Dispensers Act 1963 Agency H Optometrists Act 1930 Ozone Protection Act 1989 H Env Description Makes provision for the licensing of optical dispensers; regulates the qualifications and the effect of such licensing; provides for the constitution of an Optical Dispensers Licensing Board and defines the powers and functions of that Board. Provides for the registration of optometrists and regulates the practice of optometry. Empowers the regulation and prohibition of the manufacture, sale, distribution, use, emission, recycle, storing and disposal of stratospheric ozone depleting substances and articles which contain those substances. To discourage car use in business districts by imposing a levy on off-street parking and using the revenue to develop infrastructure and encourage the use of public transport. To declare and amend the law of Partnership. Regulates public transport services. Review year 1999-2000 Status of reform Not commenced. 1996-97 1995-96 Underway. Issues Paper being finalised. Complete. Dealt with under the Licence Reduction Program. Parking Space Levy Act 1992 Tpt 1996-97 Complete. Act retained on the basis that competition restrictions were notional only. Not commenced. Underway. Buses segment is complete: contestability for privately-operated services being phased in, to be completed by 1 January 2000. Ferry and taxi segments in program. Complete. It is proposed that the Act be repealed. Not commenced. 2 New South Wales Partnerships Act 1892 Passenger Transport Act 1990 AG Tpt 1998-99 1997-98 Pathology Laboratories Accreditation Act 1981 Pawnbrokers and Second Hand Dealers Act 1996 Payroll Tax Act 1971 H FT Tr Provides for the accreditation of Pathology Laboratories. Provides for the licensing of pawnbrokers and dealers in certain classes of second hand goods. Repeals and amends certain Acts. Imposes a tax upon employers in respect of certain wages and provides for the assessment and collection of the tax. 1999-2000 1999-2000 1995-96 Underway. State Heads of Treasury have commenced a national review of compliance arrangements associated with payroll tax. The Victorian Government is providing the Secretariat. 39 40 Name of legislation Pesticides Act 1978 Agency Env Description Controls the sale, supply, use and possession of pesticides, the application of pesticides from aircraft and provides for the prevention of foodstuff contamination. Regulates the search for, and mining of, petroleum. Relates to the exploration for, and exploitation of, petroleum resources and certain other resources adjacent to the coast of NSW. Implements a Commonwealth scheme for the subsidisation of fuel transport costs in rural areas. Regulates the carrying on of the business of a pharmacist; authorises friendly societies and trading and rural societies established under the Co-operation, Community Settlement and Credit Act 1923 to carry on the business of a pharmacist in certain circumstances. Amends relevant Acts. Makes provision for the registration of physiotherapists; regulates the qualifications and effect of such registration; provides for the constitution of a Physiotherapists Registration Board and defines the powers and functions of that Board. Relates to the construction, operation and maintenance of pipelines. Review year 1995-96 Petroleum (Onshore) Act 1991 Petroleum (Submerged Lands) Act 1982 Petroleum Products Subsidy Act 1965 Pharmacy Act 1964 MR MR 1995-96 1995-96 Status of reform Complete. Dealt with under the Licence Reduction Program. However, Part 7 of the Act is currently being subject to further review in the context of a generic review of several Acts dealing with chemical residues. Complete. Dealt with under the Licence Reduction Program. Complete. Dealt with under the Licence Reduction Program. Review unnecessary. The Act is expected to be repealed in 1998-99. Not commenced. National review in 1999. Legislation Review Compendium Tr H 1997-98 1997-98 Physiotherapists Registration Act 1945 H 1997-98 Not commenced. Act will be reviewed in 1999. Pipelines Act 1967 E 1996-97 Underway. Internal review of Act completed in July 1997 - minor amendment recommended. However, Act is archaic and is to be repealed and remade during 1998. NCP issues to be included in public discussion paper assisting repeal/remake process. Public review including Issues Paper to be incorporated into this process. Name of legislation Plant Diseases Act 1924 Agency Ag Podiatrists Act 1989 H Poisons Act 1966 H Ports Corporatisation and Waterways Management Act 1995 PW Poultry Meat Industry Act 1986 Poultry Processing Act 1969 Ag Ag Prevention of Cruelty to Animals Act 1979 41 Ag Description Makes further provisions to prevent the introduction into NSW of diseases and pests affecting plants and fruit, to provide for the eradication of such diseases and pests, and to prevent their spread. Also makes certain provisions regarding the sale and grading of fruit and cotton plants. Regulates the practice of podiatry; makes provisions for the registration of podiatrists and regulates the qualifications for and the effect of such registration; constitutes the Podiatrists Registration Board and specifies its functions. Regulates, controls and prohibits the sale and use of poisons, restricted substances, drugs of addiction and certain dangerous drugs and establishes a Poisons Advisory Committee. Establishes statutory state-owned corporations to manage the StateÕs port facilities on major ports; transfers waterways management and other marine safety functions to the Minister; establishes the Waterways Authority and provides for port charges, pilotage and other marine matters. Constitutes the Poultry Meat Industry Committee and defines its functions and regulates and controls the poultry growing industry. Provides for the registration of plants in which poultry is processed for sale and to make provisions for the regulation and control of these plants. Provides for the prevention of cruelty to animals. Review year 1996-97 Status of reform Underway. Part of a generic review of all disease legislation. 1996-97 Not commenced. Act will be reviewed in 1999. 1995-96 Not commenced. Proposed national review. Not commenced. 1999-2000 1996-97 Underway. Issues Paper being prepared by review group. Underway. To be considered within the review of the Meat Industry Authority. Not commenced. Rescheduled to 1999-2000. 1996-97 2 New South Wales 1996-97 42 Name of legislation Prices Regulation Act 1948 Prickly Pear Act 1987 Private Hospitals and Day Procedures Centres Act 1988 Professional Standards Act 1994 Agency FT Ag H AG Description Makes provision for the regulation of prices and rates of certain goods and services. Provides for the control and destruction of Prickly Pear. Provides for the licensing and control of day procedure centres. Provides for the limitation of liability of members of occupational associations in certain circumstances and to facilitate the improvement of the standards of services provided by those members. Regulates real estate, stock and station, business and managing agents. Makes provision for the registration of psychologists; regulates the qualifications for the effect of such registration and constitutes the Psychologists Registration Board and specifies its functions. (1) Makes provision with respect to the administration and audit of public finances. (2) Makes provisions with respect to certain financial arrangements and investments of public authorities; constitutes the NSW Capital Works Financing Corporation. Review year 1996-97 1996-97 1997-98 1998-99 Status of reform Complete. Act repealed. Complete. Act repealed. Provisions now listed under the Noxious Weeds Act 1993. Underway. Issues Paper being prepared. Not commenced. Legislation Review Compendium Property, Stock and Business Agents Act 1941 Psychologists Act 1989 FT H 1996-97 1996-97 Underway. Final Report being prepared. Underway. Final report being prepared. Public Finance and Audit Act 1983 (1) Public Authorities (Financial Arrangements) Regulations 1997 (2) Tr 1995-96 Single review underway. New omnibus legislation is expected to be introduced into Parliament during 1998-99. A green paper will be released as part of the consultative process. The green paper will incorporate NCP issues arising from the legislation. Underway. Issues Paper being prepared. Complete. New Act in place. Public Health Act 1991 Public Notaries Act 1985 H AG Regulates the funeral industry, skin penetration, microbial control and other matters. Provides for appointment, enrollment and disciplinary procedures for Public Notaries 1997-98 1995-96 Name of legislation Public Sector Management (Goods and Services) Regulation 1995 Public Trustee Act 1913 Radiation Control Act 1990 Agency PWS Description Review year 1998-99 Status of reform Not commenced. AG Env Establishes the Public Trustee as a corporation empowered to conduct personal trust work. Makes provision for the regulation and control of the sale, use, keeping and disposal of radioactive substances and radiation apparatus. To promotes the safe construction, operation and maintenance of railways. Regulates the off-road use of motor vehicles. (1) Makes provisions with respect to the registration of clubs and their rules and management. (2) Regulates the sale and supply of liquor and regulates the use of premises at which liquor is sold. 1995-96 1995-96 Rail Safety Act 1993 Recreation Vehicles Act 1983 Registered Clubs Act 1976 (1) Liquor Act 1982 (2) Tpt Env GR 1999-2000 1995-96 1996-97 Underway. Issues Paper released. Submissions closed 31 December 1997. Complete. Dealt with under the Licence Reduction Program. A national review of radiation control legislation may have implications for this Act. Not commenced. Complete. Act to be repealed. Underway. 2 New South Wales 43 44 Name of legislation Residential Tenancies Act 1987 (1) Landlord and Tenant (Rental Bonds) Act 1977 (2) Agency FT Restraints of Trade Act 1976 AG Retail Leases Act 1994 SRD Retirement Villages Act 1989 FT Rice Marketing Board Ag Description (1) Relates to the rights and obligations of landlords and tenants under residential tenancy agreements; makes provision with respect to excessive rent increases and rents; confers functions onto the Residential Tenancies Tribunal of NSW with respect to landlords and tenants. Repeals and amends certain Acts. (2) Constitutes a Rental Bond Board; confers and imposes certain powers, authorities, duties and functions on the Board; requires lessors of residential premises to deposit rental bonds with the Board; provides for the paying out of rental bonds and enabled the investment of rental bonds and the investment and expenditure of rental bonds. Provides for Supreme Court action based on applications against activities which create restraints of trade. Makes provision with respect to the leasing of certain retail shops and the rights and obligations of lessors and lessees of those shops. Relates to the termination of occupation rights of residents in retirement villages and confers jurisdiction over certain matters relating to retirement villages, on the Residential Tenancies Tribunal. The NSW Rice Marketing Board markets, or arranges to market, the annual rice crop in its role as the sole statutory marketing body for rice. Review year 1997-98 1996-97 Status of reform Underway. Review has been expanded to include related general residential tenancies legislation. Issues Paper being prepared for release in first half of 1998. Legislation Review Compendium 1995-96 Complete. Possible repeal first session 1998. Not commenced. 1997-98 1996-97 Underway. Issues Paper released in November 1997. 1995-96 Complete. Legislative arrangements maintained to 2004, with review in 2000. Government concluded that the current rice industry arrangements generated a net public benefit. The benefits from the current export arrangements were seen to significantly exceed the costs borne by domestic consumers and the economy. Name of legislation Roads Act 1993 Rural Assistance Act 1989 Rural Lands Protection Act 1989 Rural Workers Accommodation Act 1969 Agency R Ag Ag IR Security (Protection) Industry Act 1985 Po Seeds Act 1982 Ag Description Makes provision with respect to the roads of NSW. Repeals certain Acts. Constitutes the NSW Rural Assistance Authority. Establishes Rural Lands Protection Districts and associated boards which levy and collect rates, provide animal health services and control of noxious weeds and animals. Provides for the accommodation of rural workers and constitutes the Rural Workers Accommodation Advisory Council. Creates certificate of compliance for accommodation. Provides for the licensing and regulation of persons carrying on, or employed in, the business of providing security and protection for persons or property. Regulates the sale of seeds and prohibits the sale of certain seeds and plants. Authorises the execution of guarantees for the repayment of loans made to certain small businesses. Relates to standard time and daylight saving in NSW. Constitutes the Minister administering the Act as a corporation sole and confers certain powers on that sole relating to the establishment, expansion and development of certain industries and to the acquisition of land. Review year 1997-98 1996-97 1996-97 Status of reform Not commenced. Underway. Underway. 1996-97 Not commenced. Some industrial issues involved. To review after new OH&S regulation in place. Complete. Act has been repealed and replaced by the Security Industry Act 1997. Underway. Issues Paper released. Not commenced. 1995-96 1996-97 Small Business Loans Guarantee Act 1977 Standard Time Act 1987 State Development and Industries Assistance Act 1966 SRD 1997-98 AG SRD 1998-99 1997-98 Not commenced. Possible national review. Not commenced. 2 New South Wales 45 46 Name of legislation Stock (Chemical Residues) Act 1975 Agency Ag Stock Diseases Act 1982 Ag Description To prevent the slaughter for human consumption of stock which contain certain concentrations of residues of chemicals or which are otherwise chemically affected and to prevent stock from becoming chemically affected. Relates to diseases in stock and repeals the Stock Diseases (Tick) Act 1901 and the Stock Diseases (Tick) Amendment Act 1915. Regulates the sale of food for stock. Review year 1996-97 Status of reform Underway. Part of a generic review of all chemical residue legislation. Issues Paper released. Underway. Part of a generic review of all disease legislation. Legislation Review Compendium 1996-97 Stock Foods Act 1940 Ag 1996-97 Stock Medicines Act 1989 Ag Strata Titles Act 1973 Strata Titles (Leasehold Development) Act 1986 Superannuation Administration Act 1996 FT Relates to medicines for stock and other animals for the purposes of enhancing the quality of agricultural production, protecting the environment and safeguarding the health of stock and other animals. Acts replaced by Strata Schemes Management Act 1996 which provides for the management of strata schemes and the resolution of disputes in connection with strata schemes. Provides for trustees for State public sector superannuation schemes and the provision of investment and administration services for such schemes. Constitutes the Superannuation Administration Authority of NSW. Provides for the registration of surveyors of land, regulates the making of surveys. 1996-97 Underway. Part of a generic review of all chemical residue legislation. Issues Paper released. Underway. Part of a generic review of all chemical residue legislation. Issues Paper released. Not commenced. Strata Schemes Management Act 1996 will be reviewed. Not commenced. The Government recently agreed to include this Act in its review timetable following a request from the NCC. The Government is giving consideration to the appropriate timing of this review. Underway. Issues Paper being finalised. Some delay has occurred as a result of a transfer of Ministerial responsibility for this legislation. 1999-00 Tr Surveyors Act 1929 LWC 1995-96 Name of legislation Swine Compensation Act 1928 Agency Ag Sydney Market Authority Act 1968 Ag Theatres and Public Halls Act 1908 AG Therapeutic Goods and Cosmetics 1972 H Description Provides for the establishment of a Swine Compensation Fund and for payment of compensation to owners of pigs and carcasses of pigs destroyed as suffering from disease. Constitutes the Sydney Market Authority and to define its powers, authorities, duties and functions and to vest certain property in the Authority. Provides for the licensing and regulation of theatres and public halls and of places used for public entertainment or public meetings, and the licensing and regulation of the holding of public entertainment and public meetings in temporary structures. Regulates the manufacture, distribution and advertising of certain therapeutic goods and imposes standards in relation to certain therapeutic goods and cosmetics. Review year 1996-97 Status of reform Underway. Part of a generic review of all disease legislation. Act repealed. 1996-97 1999-2000 Not commenced. 1995-96 Tobacco Advertising Prohibition Act 1991 Tobacco Leaf Stabilisation Act 1976 Totalizator Act 1916 H Prohibits the advertising of tobacco and tobacco products, trade marks, brand names and logos. Makes provisions with respect to the stabilisation of the tobacco leaf industry. Amends and consolidates the law as it relates to the conduct of totalizators and the regulation of totalizator betting. 1995-96 Ag GR 1995-96 1999-00 Complete. Act repealed. Provisions relating to cosmetics not re-enacted. Licences for wholesalers of therapeutic goods eliminated. Remaining provisions incorporated into the Poisons Act 1966 and the Therapeutic Goods Act 1972. Complete. Act repealed. Advertising restrictions were minimised and incorporated into the Public Health Act 1991. Complete. Act repealed. Not commenced. 2 New South Wales 47 48 Name of legislation Totalizator (Off-Course Betting) Act 1964 Agency GR Tow Truck Act 1989 Tpt Trade Measurement Act 1989 FT Description Makes provision with respect to off-course betting by means of the totalizator system; provides for the conduct of sweepstakes in respect of certain events; establishes a Totalizator Agency Board and defines its powers, authorities, duties and functions. Provides for a licensing and certification scheme for tow truck drivers and operators; regulates other matters and constitutes the Tow Truck Industry Council. Relates to trade measurement in NSW as part of the scheme for uniform trade measurement legislation throughout Australia. Provides for the regulation of vehicles and of vehicular and pedestrian traffic. Provide for the licensing of travel agents and the regulation of their operations. Consolidates and amends the law relating to the restrictions, liabilities, privileges and powers of trustee companies. Review year 1999-00 Status of reform Not commenced. Legislation Review Compendium 1995-96 Underway. 1995-96 Traffic Act 1909 Travel Agents Act 1986 Trustee Companies Act 1964 R FT AG 1997-98 1997-98 1995-96 Complete. Dealt with under Licence Reduction Program. Possible national review, depending on the Commonwealth response to the Kean recommendation for a national system. Not commenced. Underway. National review, coordinated by Western Australia. Standing Council of Attorneys General (SCAG) approved the national trustee process. A Commonwealth/State Working Party is to meet to progress the agreed reforms to the financial system including the uniform regulation of trustee companies. SCAG is awaiting the outcome of these meetings. Complete. Dealt with under the Licence Reduction Program. Underway. Report being prepared. Unhealthy Building Act 1990 Env Valuers Registration Act 1975 FT Provides for the declaration of certain land as unhealthy building land and for the effect of such a declaration. Provides for the registration of real estate valuers; regulates the qualifications for and the effect of such registrations and confers and imposes functions on the Property Services Council. 1996-97 1996-97 Name of legislation Veterinary Surgeons Act 1986 (1) Stock (Artificial Breeding) Act 1985 (2) Agency Ag Waste Disposal Act 1970 Env Waste Minimisation and Management Act 1995 Wheat Marketing Act 1989 White Phosphorous Matches Prohibition Act 1915 Wool, Hides and Skins Dealers Act 1935 Env Ag IR Description (1) Regulates veterinary surgeons and premises;, defines acts to be performed by vets; establishes the Veterinary Surgeons Board and disciplinary procedures; controls delegation of duties; regulates advertising and use of the title ÔVeterinary SurgeonÕ. (2) Repeals the Stock (Artificial Insemination) Act 1948 and makes provisions with respect to the artificial breeding of stock. Provides for the constitution of a corporation to be called the ÔMetropolitan Waste Disposal AuthorityÕ; confers and imposes on the corporation responsibilities, powers, authorities, duties and functions with respect to the transport, collection, reception, treatment, storage and disposal of waste within the Metropolitan Waste Disposal Region. Relates to the management, regulation and reduction of waste. Relates to the marketing of wheat and other grains. Complements Commonwealth legislation. Prohibits the use of white phosphorus in the manufacture of matches and prohibits the sale of matches made with white phosphorous. Regulates the buying and selling of wool, hides and skins. Review year 1997-98 Status of reform Underway. Final Report being prepared. 1995-96 Repealed. Replaced by the Waste Minimisation and Management Act 1995. 1999-2000 1996-97 1995-96 Not commenced. Not commenced. National review scheduled for 2000. Complete. Repealed. Underway. Report complete and under consideration by Government. 2 New South Wales Po 1995-96 49