5 WESTERN AUSTRALIA 5.1 Guide to the Western Australian legislation review schedule [Updated to 30 June 1998 from information supplied to the Council by the Western Australian Competition Policy Unit (CPU), 24 July 1998.] Legislation review is a major program of National Competition Policy implementation in Western Australia. The State Government published a timetable for the review of legislation in June 1996 (the Clause 5 Legislation Review Table). Since June 1996, the WA Government has added over 20 Acts to its review program, where it has found a restriction on competition. The current timetable now lists about 270 Acts. At 30 June 1998, some 44 reviews had been completed and endorsed by Cabinet Government Management Standing Committee (GMC) and subsequently by Cabinet. A further 39 reviews had at least reached the stage of having a draft report submitted to the CPU for comment. For about half of the Acts reviewed and endorsed by Cabinet, repeal or amendment to remove restrictions has been recommended and is being or is soon to be implemented. In Western Australia, Ministers are responsible for review of legislation within their portfolios. The CPU coordinates and facilitates review processes by advising the people carrying out reviews on the process of reviews, how to do the reviews and the required standard for reviews. The CPU consults extensively with agencies and Ministerial offices to monitor progress and review standards. The CPU is also involved in ensuring the quality and rigour of reviews and the appropriateness of the review process. Where the CPUÕs examination indicates that draft reports are not up to standard, they are sent back to reviewers. The CPU has been active in providing support to those conducting reviews or consultants who are contributing to the reviews. It published Legislation 139 Legislation Review Compendium Review Guidelines in April 1997. These guidelines provide a step-by-step guide to conducting legislation reviews. The CPU has also conducted six introductory workshops on legislation review. These workshops involved a half-day of presentations on the steps of legislation review as well as practical exercises and discussion. Further introductory workshops will be held on an as-needs basis. Workshops have also been held for review of specific legislation Ð that governing professions and occupational licensing and agreement Acts. Further specific workshops are also planned. There have been some changes to Western AustraliaÕs legislation review table. Reviews of some Acts were deferred where deferral could be justified, for example, where there is a need to coordinate the review with reviews of interdependent legislation or to coordinate a legislation review with the conduct of a related competitive neutrality review. Reviews have also been deferred where new legislation is about to be introduced and existing legislation is soon to be repealed. All deferrals have been considered with regard to the feasibility of reviews being completed and reform implemented by December 2000. 5.2 Abbreviations The following abbreviations are used in the ÔAgencyÕ column of the Western Australian legislation review schedule: A AA CT Edn Egy Env ES ET Arts Aboriginal Affairs Commerce and Trade Education Energy Environment Emergency Services Employment and Training 140 5 Western Australia F Fis FT H J L LG LR M P PC PI Po RD RG S Sp T Tou Tpt W WR Finance Fisheries Fair Trading Health Justice Lands Local Government Labour Relations Mines Planning Premier and Cabinet Primary Industry Police Resources Development Racing and Gaming Services Sport Treasury Tourism Transport Works Water Resources 141 142 Legislation Review Compendium 5.3 Legislation review schedule: Western Australia Updated to 30 June 1998 Name of legislation Aboriginal Affairs Planning Authority Act 1972 and Regulations Aboriginal Communities Act 1979 and By-laws Aboriginal Heritage Act and Regulations 1974 Administration Act 1903 and Regulations Agency AA AA AA J Description/Comment on review process Differential treatment Differential treatment. Review underway. Licensing Competitive neutrality Date of review 1997 1997 1996Ð97 1997 1997 1997 No change to the Act Act to be amended to broaden the range of financial institutions covered by the Act and to adjust some provisions so that they are consistent with the Financial Institutions Code (WA). Date review completed 1997 Reform progress No change to the Act Aerial Spraying Control Act 1966 and Regulations Agricultural Products Act 1929 and Regulations Agriculture Act 1988 Agriculture and Related Resources Protection Act 1976 and Regulations Agriculture and Veterinary Chemicals (Western Australia) Act 1995 and Regulations Agricultural Industries Bill PI PI PI PI PI Licensing Licensing. Review underway. Licensing. Licensing. Review underway. Licensing. National review is being undertaken. Licensing. To replace a number of pieces of legislation as indicated. 1998Ð99 1997Ð98 NA 1997Ð98 1998Ð99 NA To be repealed and replaced by the Agricultural Industries Bill. PI Name of legislation Agriculture Protection Board Act 1950 and Regulations Albany Port Authority Act 1926 and Regulations Albany Woollen Mills Agreement Act 1976 Anatomy Act 1930 and Regulations Anglo-Persian Oil Company Limited (Private) Act 1919 Animal Resources Authority Act 1981 Architects Act 1921 and Regulations Art Gallery Act 1959 Artificial Breeding of Stock Act 1965 and Regulations Auction Sales Act 1973 and Regulations Australian Soccer Pools Bloc: Rules for Subscriber Participation Beekeepers Act 1963 and Regulations Betting Control Act 1954 and Regulations Biological Control Act 1986 Agency PI Tpt Description/Comment on review process Licensing Licensing, third line forcing, market power, competitive neutrality Differential treatment Licensing Licensing. Review underway. Licensing Licensing. Review underway. Competitive neutrality Licensing Licensing Licensing Date of review NA NA Date review completed NA NA Reform progress To be repealed and replaced by the Agricultural Industries Bill. To be repealed and replaced by a generic Port Authorities Bill when it is enacted. To be repealed and not replaced. CT H W H W A PI FT RG NA 1999 1997 1999 1997 NA 1997Ð98 1998 1997 NA NA Act to be repealed once new arts legislation is enacted. Amendments being drafted to remove restrictions. 1997 Has been repealed and replaced by Lotteries Commission (Soccer Pools) Rules 1996. PI RG PI Boxing Control Act 1987 and Regulations 143 Sp Licensing Licensing. Review deferred until December 1998. Market power. Review delayed pending decision on national review. Licensing. 1998Ð99 1998 NA NA 5 Western Australia 1996Ð97 1997 No change to the Act. 143 144 Name of legislation Bread Act 1982 and Regulations British Imperial Oil Company (Private) Act 1925 Builders Registration Act 1939 and Regulations Building and Construction Industry Training Fund and Levy Collection Act 1990 and Regulations Bulk Handling Act 1967 and Regulations Bunbury Port Authority Act 1909 and Regulations Bush Fires Act 1954 and Regulations Agency FT W FT ET Description/Comment on review process Licensing. Review bought forward to June 98. Licensing. Review underway. Licensing Differential treatment Date of review 1997Ð98 1997 1999Ð00 1999 Date review completed 1998 Reform progress Act to be repealed and not replaced. Legislation Review Compendium PI Tpt ES Differential treatment. Review underway. Licensing, third line forcing, market power, competitive neutrality. Competitive neutrality 1997Ð98 NA NA To be repealed and replaced by a generic Port Authorities Bill when it is enacted. Amended so that the public sector is subject to the same fire-break requirements as the private sector No change to the Act 1996 1997 Business Franchise (Tobacco) Act 1975 Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985 Caravan Parks and Camping Grounds Act 1995 Carnarvon Banana Industry (Compensation Trust Fund) Regulations 1962 Carnarvon Irrigation District Bylaws F L LG Licensing 1996 1999 1997 PI Competitive neutrality, licensing. Deferred to June 1998. Review underway. Access, differential treatment 1997Ð98 Deferred to 1998. Review in progress. 1998Ð99 1997 To be repealed. WR Differential treatment 1998 Name of legislation Casino (Burswood Island) Agreement Act 1985 Casino Control Act 1984 Cattle Industry Compensation Act 1965 and Regulations Censorship Act 1996 Agency RG RG PI ET Description/Comment on review process Differential treatment Licensing. Review deferred until DecemberÊ1998 Licensing. Review underway. This Act replaces the Censorship and Films Act 1947, Video Tape Classification and Control Act 1987 and the Indecent Publication and Articles Act 1902. Licensing Licensing Licensing Date of review 1998 1998 1996Ð97 to be advised Date review completed Reform progress Censorship and Films Act 1947 Charitable Collections Act 1946 and Regulations Chicken Meat Industry Act 1977 and Regulations J J PI NA NA 1996-97 NA NA 1997 Chiropractors Act 1964 and Regulations H Licensing. Deferred until December 1999. 1999 Repealed and replaced by the Censorship Act 1996. Repeal pending. To be replaced by the Public Collections Bill when enacted. Some restrictions to be removed including the power that compels growers and processors to abide by the terms of contract set by the Chicken Meat Industry Committee. Growers and processors now have the option of establishing individual growing contracts. Intended that new legislation will be developed reviewed by June 99, failing this existing legislation will be reviewed by December 1999. 5 Western Australia 145 145 146 Name of legislation City of Perth Parking Facilities Act 1956 and Regulations Agency Tpt Description/Comment on review process Licensing Date of review NA Date review completed NA Reform progress To be repealed and replaced by the Perth Parking Management Bill 1998, for which a review has been completed. The new Bill removes differential treatment provisions. Legislation Review Compendium Coal Industry Superannuation Act 1989 and Regulations Colleges Act 1926 LG Edn Competitive neutrality Competitive neutrality, market power. Previously listed for review in 1996. Licensing. Review underway. Licensing. Review underway. Expected to be reviewed as part of a national review. Licensing Licensing, market power Market power 1998 NA NA This Act has been repealed and replaced by the Vocational Education and Training Act. Commonwealth Oil Refineries Limited (Private) Act 1940 Conservation and Land Management Act 1984 and Regulations Consumer Credit (Western Australia) Act 1996 Cooperative and Provident Societies Act 1903 and Regulations Country Areas Water Supply Act 1947 Country Areas Water Supply By-laws 1957 Country Areas Water Supply (Clearing Licence) Regulations 1941 Country Slaughterhouse Regulations 1969 Country Towns Sewerage Act 1948 and By-laws Credit (Administration) Act 1984 and Regulations W Env FT J WR WR WR H WR FT 1997 1996Ð97 to be advised 1996 1998 1998 to be advised 1999 1998 1997Ð98 NA Expected to be repealed. Licensing Market power, licensing Licensing. Review underway. Name of legislation Credit Act 1984 and Regulations Cremation Act 1929 and Regulations Curtin University of Technology Act 1996 Dairy Industry Act 1973 and Regulations Dampier Port Authority Act 1985 and Regulations Dampier to Bunbury Pipeline Regulations 1998 Debt Collectors Licensing Act 1964 and Regulations Dental Act 1939 and Regulations Agency FT H Edn PI Tpt Description/Comment on review process Differential treatment Licensing Competitive neutrality, market power. Review underway. Licensing. Review underway. Licensing, third line forcing, market power, competitive neutrality Date of review 2000 1999 1996Ð97 1997Ð98 NA Date review completed Reform progress NA Egy 1998 1998 To be repealed and replaced by a generic Port Authorities Bill when it is enacted. Restrictions in the regulations found to be in the public interest. FT H Licensing Licensing 2000 1999 Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. To be repealed No change to the Act Dental Amendment Act 1996 H Licensing 1999 Dental Prosthetics Act and Regulations H Licensing. Deferred until December 1999. 1999 5 Western Australia Dried Fruits Act 1947 East Perth Redevelopment Act 1991 and Regulations 147 PI P Licensing Competitive neutrality 1996-97 1997 1997 1997 147 148 Name of legislation Eastern Goldfields Transport Board Act 1984 and Regulations Edith Cowan University Act 1984 Education Service Providers (Full Fee Overseas Students) Registration Act 1992 Electricity Act 1945 Agency Tpt Edn Edn Description/Comment on review process Differential treatment Competitive neutrality, market power. Review underway. Licensing. Review underway. Date of review 1997 1996 1997 Date review completed 1997 Reform progress Act to be amended Legislation Review Compendium Egy Licensing 1996Ð97 1998 Electricity Corporation Act 1994 Egy Market power, licensing 1996 1998 Regulations being developed to address competitive neutrality issues and alternative CSO mechanisms being considered. Energy Coordination Amendment Bill 1997 removes some competitive neutrality related restrictions. Reforms to CSO mechanisms to be implemented. Employment Agents Act 1976 and Regulations Energy Corporations (Powers) Act 1995 Environmental Protection Act 1986 FT Egy Licensing Competitive neutrality, licensing. Review underway. Licensing 2000 1996Ð97 Energy Coordination Amendment Bill 1997 amends some provisions. LPG trading restrictions have been removed. Amendments to be made to simplify the approval process for non-industrial projects with lower level environmental impacts To be repealed and replaced by a generic Port Authorities Bill when it is enacted. Env 1996 1997 Esperance Lands Agreement Act 1960 Esperance Port Authority Act 1968 and Regulations Exotic Diseases of Animals Act 1993 L Tpt Licensing, third line forcing, market power, competitive neutrality 1999 NA NA PI to be advised Name of legislation Explosives and Dangerous Goods Act 1971 Fertilisers Act 1977 and Regulations Agency M PI Description/Comment on review process Licensing. Review underway. Licensing Date of review 1997Ð98 1996Ð97 Date review completed Reform progress 1997 Amendments to be made so that regulations applying to fertilisers with a low risk of heavy metal contamination (about 70%) be replaced by a voluntary code of practice. Finance Brokers Control Act 1975 and Regulations Firearms Act 1973 and Regulations Fish Resources Management Act 1994 Fisheries Adjustment Schemes Act 1987 and Regulations Fishing Industry Promotion Training and Management Levy Act 1994 Fremantle Port Authority Act 1902 Act and Regulations Friendly Societies Act 1894 and Regulations Fruit Growing Industry Trust Fund Act 1941 and Regulations Gaming Commission Act 1987 and Regulations Gas Corporation Act 1994 FT Po Fis Fis Fis Tpt Licensing. Review underway. Licensing Licensing, differential treatment. Review underway. Licensing. Review underway. Licensing. Review underway. Licensing, third line forcing, market power, competitive neutrality Licensing Market power. Licensing. Review deferred until December 1998. Market power 1997Ð98 1998 1999Ð00 1999Ð00 1999Ð00 NA NA To be repealed and replaced by a generic Port Authorities Bill when it is enacted. To be repealed Has been repealed J PI RG Egy 1996 1996 1998 1996 NA NA 1998 Act to be amended by other legislation implementing National Gas Access Laws. 5 Western Australia 149 149 150 Name of legislation Gas Transmission Regulations 1994 Agency Egy Description/Comment on review process Access provisions Date of review 1996 Date review completed 1997 Reform progress Regulations have been replaced and will be repealed on implementation of National Gas Access Laws. To be repealed and replaced by a generic Port Authorities Bill when it is enacted. Legislation Review Compendium Geraldton Port Authority Act 1968 and Regulations Gold Corporation Act 1987 and Regulations Government Employees Superannuation Act 1987 Government Railways Act 1904 and By-laws: Nos 1 to 53, 59, 62, 63, 64, 68, 74. No 55 (rates) No 60 (passenger fares) No 75 (Auction Sales) No 76 (Licensed Porters) Grain Marketing Act 1975 and Regulations Hairdressers Registration Act 1946 and Regulations Harvey, Waroona Collie River Irrigation DistrictsÕ By-laws 1975 Health (Adoption of Food Standards Code) Regulations 1992 Health (Asbestos) Regulations 1992 Tpt T F Tpt Licensing, third line forcing, market power, competitive neutrality Competitive neutrality. Deferred until December 1998. Competitive neutrality Access, market power, competitive neutrality NA NA 1998 2000 1996 1998 Act to be amended by Rail Safety Bill 1998 and Government Railways (Access) Bill 1998. Further change likely dependent on Government decision re privatisation. PI ET WR H Market power Licensing. Differential treatment Differential treatment. Expected to be reviewed as part of a national review. Licensing. Deferred until June 2000. 1998Ð99 to be advised 1998 Repeal Bill rejected in the Upper House. Review to be rescheduled. H 1999Ð2000 Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Name of legislation Health (Cloth Materials) Regulations 1973 Agency H Description/Comment on review process Licensing. Deferred until June 2000. Date of review 1999Ð2000 Date review completed Reform progress Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Health (Construction Work) Regulations 1973 H Licensing. Deferred until June 2000. 1999Ð2000 Health (Drugs and Allied Substances) Regulations 1961 H Licensing. Deferred until June 2000. 1999Ð2000 Health (Food Hygiene) Regulations 1993 H Licensing. Deferred until June 2000. 1999Ð2000 Health (Game Meat) Regulations 1992 H Licensing. Deferred until June 2000. 1999Ð2000 Health (Liquid Waste) Regulations 1993 H Licensing. Deferred until June 2000. 1999-2000 Health (Meat Inspection and Branding) Regulations 1950 H Licensing. Deferred until June 2000. 1999Ð2000 5 Western Australia 151 151 152 Name of legislation Health (Pesticides) Regulations 1956 Agency H Description/Comment on review process Licensing. Deferred until June 2000. Date of review 1999Ð2000 Date review completed Reform progress Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Legislation Review Compendium Health (Pet Meat) Regulations 1990 H Licensing. Deferred until June 2000. 1999Ð2000 Health (Public Buildings) Regulations 1992 H Licensing. Deferred until June 2000. 1999Ð2000 Health (School Dental Therapists) Regulations 1974 H Licensing. Deferred until June 2000. 1999Ð2000 Health Act (Swimming Pools) Regulations 1964 H Licensing. Deferred until June 2000. 1999Ð2000 Health Act 1911 H Licensing. Deferred until June 2000. 1999Ð2000 Health Amendment Act 1996 H Licensing 1999Ð2000 Health Laboratory Services (Fees) Regulations H Licensing 1999 Name of legislation Health Services (Conciliation and Review) Act 1995 Hire Purchase Act 1959 and Regulations Home Building Contracts Amendments Act 1996 and Regulations Horticultural and Produce Commission Act 1988 Hospitals and Health Services Amendment Act 1996 Hospitals (Licensing and Conduct of Private Hospitals) Regulations 1987 Hospitals (Licensing and Conduct of Private Psychiatric Hostels) Regulations 1997 Hospitals (Service Charges) Regulations 1984 Hospitals and Health Services Act 1927 Hospitals and Health Services Amendment Act 1996 Human Reproductive Technology Act 1991 and Regulations Agency H FT FT Description/Comment on review process Date of review 1998 1996Ð97 1998 Date review completed Reform progress Licensing Licensing NA May be repealed. PI Market power 1997 1997 Act to be amended to include compulsory public interest test prior to approving expenditure from trust funds. H H H Licensing. Review deferred until September 1999. Licensing. Review deferred until September 1999. Licensing 1999 1999 1998Ð99 H H H H Licensing. Review deferred until SeptÊ99. Licensing. Review deferred until September 1999. Licensing Licensing. Review deferred until JuneÊ2000. 1999 1999 1998Ð99 1999-2000 Is expected to be replaced by new legislation depending on the findings of a Senate Select Committee reporting by Dec 1998. Is expected to be replaced by new legislation depending on the findings of a Senate Select Committee reporting by Dec 1998. 153 5 Western Australia Human Reproductive Technology Amendment Act 1996 153 H Licensing 1999-2000 154 Name of legislation Human Tissue and Transplant Act 1982 Indecent Publications and Articles Act 1902 and Regulations Industrial Relations Act 1979 Agency H J LR Description/Comment on review process Licensing Licensing Licensing, differential treatment Date of review 1999 NA 1996Ð97 Date review completed Reform progress Legislation Review Compendium NA 1997 Industrial Training Act 1975 and Regulations Infectious Diseases (Inspection of Persons) Regulations Inquiry Agents Licensing Act 1954 and Regulations Irrigation (Dunham River) Agreement Act 1968 Instant Lottery Rules 1991 Instant Lottery (Telespin) Rules 1991 Lotto Rules 1990 Insurance Commission of Western Australia Act 1986 (formerly the State Government Insurance Commission Act 1986 and Regulations) Jetties Act 1926 and Regulations Land Acquisition and Public Works Act 1902 Land Drainage Act 1925 ET Licensing NA NA Repealed and replaced by the Censorship Act 1996. Act to be amended to enable legal practitioners to represent parties in the Industrial Relations Commission. This Act has been repealed and replaced by the Vocational Education and Training Act. H Po L RG Licensing Licensing 1999 1999 1999 Differential treatment NA NA Have been repealed. Replacement Lotteries Commission regulations reviewed. No change to the Act F Competitive neutrality 1996Ð97 1998 Tpt W WR Licensing, competitive neutrality Licensing. Review underway. Market power 1997 1997 to be advised To be repealed pending the enactment of the new Maritime Bill Name of legislation Land Drainage Bylaws 1986 Land Drainage Regulations 1978 Land Drainage (Rating Grades) Regulations 1986 Land Valuers Licensing Act 1978 Regulations Law Reporting Act 1981 Legal Aid Commission Act 1976 and Regulations Legal Practitioners Act 1893 and Rules Licensed Surveyors Act 1909 and Regulations Lights (Navigation Protection) Act 1930 Liquor Licensing Act 1988 and Regulations Local Government Act 1995 Agency WR WR WR FT J J J L Tpt RG LG Description/Comment on review process Market power Market power Market power Licensing. Review underway. Review underway Differential treatment. Review deferred until 1997-98. Licensing, competitive neutrality. Review postponed. Licensing. Review underway. Licensing Licensing. Review deferred until DecÊ98. Competitive neutrality, differential treatment. Review underway. Competitive neutrality, differential treatment Differential treatment Date of review to be advised to be advised 1998Ð99 1998 1997Ð98 1997Ð98 to be advised 1998 1998Ð99 1998 1997 Date review completed Reform progress Local Government Draft Model ByLaws Lotteries Commission: (Super 66) Rules 1996; (Powerball Lotto) Rules 1996; (Saturday Lotto) Rules 1996; (Oz Lotto) Rules 1996; (Instant Lottery) Rules 1996; (Soccer Pools) Rules 1996. LG RG NA 1996Ð97 NA 1997 By-laws not yet drafted. To be reviewed as by-laws are drafted. No change to the rules. 5 Western Australia 155 155 156 Name of legislation Lotteries Commission Act 1990 Lotteries Commission Regulations 1991 Marine and Harbours Act 1981 and Regulations Marketing of Eggs Act 1945 and Regulations Marketing of Meat Act 1946 and Regulations Marketing of Potatoes Act 1946 and Regulations Meat Transport Regulations 1969 Medical Act 1984 and Rules Agency RG RG Tpt PI PI PI H H Description/Comment on review process Market power, differential treatment. Differential treatment Competitive neutrality Licensing, market power. Review underway. Market power. Review underway. Licensing, market power. Review underway. Licensing Licensing. Review deferred until December 1999. Date of review 1996Ð97 1996-97 1997 1997Ð98 1998Ð99 1997Ð98 1999 1997 Date review completed 1997 1997 Reform progress No changes to the Act. No change to the regulations. To be repealed pending the enactment of the new Maritime Bill. Legislation Review Compendium Medical Amendment Act 1996 H Licensing 1999 Mental Health (Administration) Regulations 1965 Mental Health (Consequential) Provisions Act 1996 Mental Health (Treatment Fees) Regulations 1992 Mental Health Act 1962 Mental Health Act 1996 H H H H H Licensing Licensing Licensing Licensing, differential treatment Licensing, differential treatment NA 1998-99 NA NA 1998-99 NA Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Has been repealed and replaced. Replacement legislation to be reviewed. NA NA Has been repealed and replaced. Replacement legislation to be reviewed. Has been repealed and replaced. Replacement legislation to be reviewed. Name of legislation Mental Health Regulations 1997 Metropolitan (Perth) Passenger Transport Trust Act 1957 and Regulations Metropolitan Water Authority (Miscellaneous) By-laws 1982 Metropolitan Water Authority Act 1982 Metropolitan Water Supply, Sewerage and Drainage Act 1909 Metropolitan Water Supply, Sewerage and Drainage By-laws 1981 Morley Shopping Centre Redevelopment Agreement Act 1992 Mining Act 1978 Motor Vehicle (Third Party Insurance) Act 1943 and Regulations Motor Vehicle Dealers Act 1973 and Regulations Agency H Tpt Description/Comment on review process Licensing Competitive neutrality Date of review 1998-99 1997 Date review completed NA Reform progress To be repealed. WR WR WR WR Differential treatment Market power Market power Differential treatment, licensing 1998-99 1998 1998 1998 M F FT Review underway Competitive neutrality. Review underway. Licensing 1997-98 1996-97 1996-97 1997 Amendments to the Act to remove unnecessary restrictions on motor vehicle sales persons and to remove the power of the Board to set standards for dealersÕ premises. Murdoch University Act 1973 Mutual Recognition (Western Australia) Act 1995 Northern Developments (Ord River) Pty Ltd Agreement Act 1960 Northern Developments Pty Ltd Agreement Act 1957 Edn PC L L Competitive neutrality, market power. Review underway To reviewed as part of national review. Differential treatment Differential treatment 1996-97 Removed from WA schedule. 5 Western Australia 1999 1999 157 157 158 Name of legislation Northern Developments Pty Ltd Agreement Act 1969 North West Gas Development (Woodside) Agreement Act 1979 North West Gas Development (Woodside) Agreement Amendment Act 1994 Nurses Act 1992 Agency L Description/Comment on review process Differential treatment Date of review 1999 Date review completed Reform progress Legislation Review Compendium RD Differential treatment 1997 1998 No changes to the Agreement Act. H Licensing. Deferred until December 1999. 1999 Occupational Therapists Registration Act 1980 and Regulations H Licensing. Deferred until Dec 1999 1999 It is intended that new legislation will be developed reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. It is intended that new legislation will be developed reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Offensive Trades (Fees) Regulations 1976 Optical Dispensers Act 1966 and Regulations H H Licensing Licensing. Deferred until December 1999. 1999 1999 It is intended that new legislation will be developed reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. It is intended that new legislation will be developed reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Optometrists Act 1940 and Regulations H Licensing. Deferred until December 1999. 1999 Ord Irrigation District By-laws Painters Registration Act 1961 Path Centre Notice and Directions 1995 Pawn Brokers and Second Hand Dealers Act 1994 and Regulations WR FT H Po Market power Licensing. Review underway. Market power Licensing 1998 1996Ð97 1998 1998 Name of legislation Pearling Act 1990 and Regulations Agency Fis Perth Market Act 1926 and Regulations Perth Parking Management Bill 1998 Perth Theatre Trust Act 1979 Petroleum (Submerged Lands) Act 1982 and Regulations Petroleum Pipelines Act 1969 and Regulations Petroleum Products Subsidy Act 1965 and Regulations Pharmacy Act 1964 and Regulations PI Tpt A M M Description/Comment on review process Licensing. Being reviewed in conjunction with other fisheries legislation. Review underway. Licensing, differential treatment Licensing, differential treatment Competitive neutrality Differential treatment, access Access. Review deferred until December 1998. Market power. Review underway. Licensing, market power. To be reviewed as part of a national review. Licensing. Review deferred until December 1999. Date of review 1999Ð00 Date review completed Reform progress 1998Ð99 1998 1996-97 1999 1998 Pipelines legislation is being rationalised and a review will be completed of the new legislation. 1998 NA Reviewed as new legislation. To be repealed once new arts legislation is enacted. Egy H 1996Ð97 NA Physiotherapists Act 1950 and Regulations H 1999 Pig Industry Compensation Act 1942 and Regulations Piggeries Regulations 1952 Plant Pests and Diseases (Eradication) Fund Act 1996 [previously the Skeleton Weed and Resistant Grain Insects (Eradication Funds) Act 1974] PI Licensing 1996Ð97 1997 Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Act to be amended to include compulsory public interest test prior to approving expenditure from trust funds. 5 Western Australia Act to be amended to include compulsory public interest test prior to approving expenditure from trust funds. H PI Licensing Licensing 1999 1996Ð97 1997 159 159 160 Name of legislation Podiatrists Registration Act 1984 and Regulations Agency H Description/Comment on review process Licensing. Review deferred until December 1999. Date of review 1999 Date review completed Reform progress Is intended that new legislation will be developed and reviewed by June 1999, failing this existing legislation will be reviewed by December 1999. Legislation Review Compendium Poisons Act 1964 and Regulations Poisons Amendment Act 1996 Police Force Canteen Regulations 1988 Port Authorities Bill 1997 Port Hedland Port Authority Act 1970 and Regulations Port Kennedy Development Agreement Act 1992 Ports (Model Pilotage) Regulations 1994 Ports Functions Act 1993 H H Po Tpt Tpt P Tpt Licensing. To be reviewed as part of a national review. Licensing Competitive neutrality. Review underway. To replace individual port acts. Licensing, third line forcing, market power, competitive neutrality Competitive neutrality Licensing, third line forcing To be advised 1998-99 1997 1998 NA 1998 NA To be repealed and replaced by a generic Port Authorities Bill when it is enacted. 1998 1998Ð99 To be repealed and replaced by a generic Port Authorities Bill when it is enacted. To be repealed and replaced by a generic Port Authorities Bill when it is enacted. Tpt Licensing, third line forcing 1998Ð99 Potato Growing Industry Trust Fund Act 1947 and Regulations Poultry Industry (Trust Fund) Act 1948 Poultry Processing Establishments Regulations 1973 Preston Valley Irrigation District Bylaws PI PI Licensing. Review underway. Licensing 1996Ð97 1996Ð97 1997 Act to be amended to include compulsory public interest test prior to approving expenditure from trust funds. H WR Licensing Differential treatment 1999 1998 Name of legislation Professional Standards Act 1997 Psychologists Registration Act 1976 and Regulations Agency J H Description/Comment on review process Licensing. Review deferred until December 1999. Date of review 1998 1999 Date review completed Reform progress It is intended that new legislation will be developed reviewed by June1999, failing this existing legislation will be reviewed by December 1999. Queen Elizabeth II Medical Centre (Delegated Site) By-laws 1986 Racing Restrictions Act 1917 Radiation Safety Act 1975 and Regulations Rates and Charges (Rebates and Deferments) Act 1992 Real Estate and Business Agents Act 1978 and Regulations Regional Development Commissions Act 1993 Retail Trading Hours Act 1987 and Regulations Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations 1963 Rights in Water and Irrigation Act 1914 and Regulations Rottnest Island Authority Act 1987 Rural Adjustment and Finance Corporation Act 1993 Rural Housing Bill 161 H RG H T FT CT FT WR Market power Licensing, differential treatment. Review deferred until Dec 1998. Licensing Differential treatment Licensing Review underway Differential treatment. Review underway. Licensing 1999 1998 1999 1997 2000 1998 1998 1998 1998 No change to the Act WR Tou PI CT Licensing Licensing. Review underway. Differential treatment. Differential treatment. 1998 1997Ð98 NA 1998 NA 1998 To be repealed and replaced by the Agricultural Industries Bill. Reviewed as new legislation. 5 Western Australia 161 162 Name of legislation Sandalwood Act 1929 and Regulations Secret Harbour Management Trust Act 1984 Securities Agents Act 1976 and Regulations Seeds Act 1981 and Regulations Settlements Agents Act 1981 and Regulations Shipping and Pilotage Act 1967 and Regulations Small Business Development Corporation Act 1983 Small Business Guarantees Act 1984 and Regulations Soil and Land Conservation Act 1945 and Regulations South Fremantle Oil Installations Pipeline Act 1948 State Employment and Skills Development Authority Act 1990 and Regulations State Supply Commission Act 1985 and Regulations State Trading Concerns Act 1916 Statutory Corporations (Liability of Directors) Act 1996 Stipendiary Magistrates Act 1957 Agency Env Description/Comment on review process Licensing Date of review 1996Ð97 Date review completed 1998 Reform progress Sections of the Act relating to harvesting on private land to be amended. Act has been repealed and removed from the review schedule. Legislation Review Compendium P J PI FT Tpt CT CT PI W ET Competitive neutrality. Licensing Licensing Licensing Licensing, competitive neutrality Differential treatment Differential treatment Market power. Licensing. Review underway. Licensing NA 1998 1997Ð98 to be advised 1998Ð99 2000 NA NA 1997 NA NA To be repealed pending enactment of the new Maritime Bill. NA NA Act is to be repealed. To be repealed and replaced by the Agricultural Industries Bill. NA This Act has been repealed and replaced by the Vocational Education and Training Act. S T J J Differential treatment. Review underway. Competitive neutrality 19997Ð98 1997 1997Ð98 1998 1998 No change to the Act Licensing Name of legislation Stock Disease (Regulations) Act 1968 Stock (Identification and Movement) Act 1970 and Regulations Strata Title General (Amendment) Regulations 1996 Strata Title General (Amendment) Regulations 1997 Strata Title General Regulations 1996 Strata Titles Amendment Act 1995 Strata Titles Amendment Act 1996 Street Collections Regulation Act 1940 and Regulations Subiaco Redevelopment Act 1994 Suitors Fund Act 1964 Swan River Trust Act 1988 and Regulations Taxi Act 1994 and Regulations Texas Company (Australasia) Limited (Private) Act 1928 Tobacco Control Act 1990 and Regulations Totalisator Agency Board Betting Act 1960 and Rules and Regulations Transport Coordination Act 1966 and Regulations Travel Agents Act 1985 and Regulations Agency PI PI L L L L L FT P J Env Tpt W H RG Tpt FT Description/Comment on review process Licensing Review underway Review underway Review underway Review underway Review underway Licensing Competitive neutrality Competitive neutrality, differential treatment. Licensing Licensing Licensing. Review underway. Differential treatment, licensing Differential treatment Licensing Licensing. Part of a national review. Date of review to be advised 1998Ð99 1998 1998 1998 1998 1998 NA 1997 1996Ð97 1998 1998Ð99 1997 1999 1998 Date review completed Reform progress NA 1997 1997 Repeal pending. To be replaced by the Public Collections Bill. No change to the Act To be amended so provisions apply equally to all institutions. 5 Western Australia 1998Ð99 1998Ð99 163 163 164 Name of legislation Treatment of Sewerage and Disposal of Effluent and Liquid Waste Regulations Trustees Companies Act 1987 University Colleges Act 1926 University Medical School Teaching Hospitals Act 1955 University of Notre Dame Australia Act 1989 University of Western Australia Act 1911 Valuation of Land Act 1987 Veterinary Preparations and Animal Feeding Stuffs Act 1976 Veterinary Surgeons Act 1960 Video Tape Classification and Control Act 1987 Vocational Education and Training Act Agency H Description/Comment on review process Licensing Date of review 1999 Date review completed Reform progress Legislation Review Compendium J Edn H Edn Edn F PI PI J ET Competitive neutrality, licensing. Competitive neutrality, market power. Review underway. Market power Competitive neutrality, market power. Review underway. Competitive neutrality, market power. Review underway. Licensing. Review underway. Licensing. Review underway. Licensing. Review underway. Licensing This Act replaces the Colleges Act 1978, the State Employment and Skills Development Act 1990 and the Industrial Training Act 1975. Differential treatment Differential treatment 1996-97 1996-97 1999 1996-97 1996-97 1997-98 1998Ð99 1997Ð98 NA to be advised 1997 To be amended so barrier to entry on trustee companies is lessened. NA Repealed and replaced by the Censorship Act 1996. Water (Dixvale Area and Yanmah Area) Licensing Regulations 1974 Water Agencies (Charges) Bylaws 1987 Water Agencies (Entry Warrants) Regulations 1985 WR WR WR 1998 to be advised to be advised Name of legislation Water Agencies (Infringements) Regulations 1994 Water Agencies (Powers) Act 1984 Water Agencies (Powers) Act 1995 Water Authority (Charges) Bylaws 1987 Water Boards Act 1904 and By-laws Water Corporation Act 1995 Water Supply, Sewerage and Drainage Act 1912 Waterways Conservation Act 1976 and Regulations Weights and Measures Act 1915 and Regulations Agency WR WR WR WR WR WR WR Env FT Description/Comment on review process Market power Market power Differential treatment Licensing Date of review to be advised 1998 to be advised 1998 1998 1998 1998 1998 1998 Date review completed Reform progress 1998 No change to the Act Licensing Licensing The Act is to be replaced by a new amendment Bill. The new Bill will be reviewed as part of a national review by the Standing Committee of Officers of Consumer Affairs. Western Australian Greyhound Racing Association Act 1981 Western Australian Land Authority Act 1992 Western Australian Marine (Hire and Drive Vessels) Regulations 1983 Western Australian Marine Act 1982 Western Australian Meat Industry Authority Act 1976 and Regulations Western Australian Product Symbols Act RG L Tpt Tpt PI CT Differential treatment Competitive neutrality Licensing Licensing Licensing. Review underway. 1998 1996Ð97 NA NA 1996Ð97 1998Ð99 1997 NA NA Act to be amended. To be repealed pending enactment of the new Maritime Bill. To be repealed pending enactment of the new Maritime Bill. 5 Western Australia 165 165 166 Name of legislation Western Australian Treasury Corporation Act 1986 Wheat Marketing Act 1989 Wild Cattle Nuisance Act 1871, (The) Wildlife Conservation Act 1950 WorkersÕ Compensation and Rehabilitation Act 1981 Agency T PI PI Env LR Description/Comment on review process Market power, competitive neutrality. Licensing Licensing Licensing. Review underway. Date of review 1997 1998Ð99 1998Ð99 1997Ð98 1996Ð97 Date review completed 1997 Reform progress No changes to the Act. Legislation Review Compendium May be repealed NA not applicable. 5 Western Australia Attachment 5.1 Western Australian Agreement Acts In the course of the first assessment of Western AustraliaÕs NCP progress, the National Competition Council sought a commitment from the State Government to examine a small sample of its resource development agreement legislation to investigate the degree to which these Acts restrict competition. The Council nominated three resource development agreement Acts for review. The Council acknowledged Western AustraliaÕs arguments that it would be appropriate for the State to conduct a review process targeted to the parties to those Acts and relevant Government agencies. Because agreement Acts are generally contractual arrangements between the government and private sector, the WA Government considers there is potential for considerable investor uncertainty flowing from review and the potential for amendment. The three reviews have now been completed. The WA Government has advised the Council that the finding of the independent reviewer is that the Acts are generally pro-competitive and provide significant benefits to the State. These benefits arise from reductions in risk and transaction costs and do not come at the expense of either taxpayers or other businesses. The reviews identified some provisions with anti-competitive effects, but considered that these are not significant. The reviews concluded that unilateral changes to State agreement Acts could incur extremely high Ôsovereign riskÕ type costs, both in respect of the companies directly involved and, more generally, in respect of future dealings between the State and potential investors. Ministers and agencies have been made aware that all new agreement legislation must be examined for anti-competitive effects, and that provisions should not have a negative impact on competition unless a net public benefit can be demonstrated. Western AustraliaÕs agreement legislation is listed below. The Acts marked with a ∗ were listed in the original June 1996 review timetable. Of these, the review of the North West Gas Development (Woodside) Agreement Amendment Act 1994 is currently being finalised. Eight other (non-resource) 167 Legislation Review Compendium agreement Acts, marked with an #, have been added to the Legislation Review Table for review in 1999. The Iron Ore (Dampier Mining Company Limited) Agreement Act 1969 was repealed in 1997 and five other resource development agreement Acts are scheduled for repeal in 1998. A further four Acts have been identified for possible repeal. • • • • • • • • • • • • • • • • • • • Albany Hardwood Plantation Agreement Act 1993 Albany Woollen Mills Ltd Agreement Act 1976# Alumina Refinery (Mitchell Plateau) Agreement Act 1971 Alumina Refinery (Pinjarra) Agreement Act 1969 Alumina Refinery (Wagerup) Agreement and Acts Amendment Act 1978 Alumina Refinery (Worsley) Agreement Act 1973 Alumina Refinery Agreement Act 1961 Alumina Refinery Agreements (Alcoa) Amendment Act 1987 Barrow Island Royalty Variation Agreement Act 1985 Broken Hill Proprietary Company Limited Agreements (Variation ) Act 1980 Broken Hill Proprietary CompanyÕs Integrated Steel Works Agreement Act 1960 Broken Hill Proprietary Steel Industry Agreement Act 1952 Bunbury Treefarm Project Agreement 1995 Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985# Casino (Burswood Island) Agreement Act 1985∗ Cement Work (Cockburn Cement Limited) Agreement Act 1971 Collie Coal (Griffin) Agreement Act 1979 Collie Coal (Western Collieries) Agreement Act 1979 Collie Hardwood Plantation Agreement Act 1995 168 5 Western Australia • • • • • • • • • • • • • • • • • • • • • • • • Dampier Solar Salt Industry Agreement 1967 Dardanup Pine Log Sawmill Agreement Act 1962 Diamond (Argyle Diamond Mines Joint Venture) Agreement Act 1981 Esperance Lands Agreement Act 1960# Evaporites (Lake MacLeod) Lands Agreement Act 1960 Fremantle Electricity Undertaking (Purchase Moneys) Agreement Act 1952 Fremantle Electricity Undertaking Agreement Act 1952 Goldfields Gas Pipeline Agreement Act 1994 Industrial Lands (CSBP & Farmers Ltd) Agreement Act 1976 Industrial Lands (Kwinana) Agreement Act 1964 Industrial Lands (Maddington) Agreement Act 1964 Iron Ore Ð Direct Reduced Iron (BHP) Agreement Act 1996 Iron Ore (Channar Joint Venture) Agreement Act 1987 Iron Ore (Dampier Mining Company Limited) Agreement Act 1969 (repealed in 1997) Iron Ore (Goldsworthy-Nimingarra) Agreement Act 1972 Iron Ore (Hamersley Range) Agreement Act 1963 Iron Ore (Hope Downs) Agreement Act 1992 Iron Ore (Marillana Creek) Agreement Act 1991 Iron Ore (McCameyÕs Monster) Agreement Authorization Act 1972 Iron Ore (Mount Bruce) Agreement Act 1972 Iron Ore (Mount Goldsworthy) Agreement Act 1964 Iron Ore (Mount Newman) Agreement Act 1964 Iron Ore (Murchison) Agreement Authorization Act 1973 Iron Ore (Rhodes Ridge) Agreement Authorisation Act 1972 169 Legislation Review Compendium • • • • • • • • • • • • • • • • • • • • • • • Iron Ore (Robe River) Agreement Act 1964 Iron Ore (The Broken Hill Proprietary Company Limited) Agreement Act 1964 Iron Ore (Wittenoom) Agreement Act 1972 Iron Ore Beneficiation (BHP) Agreement 1996 Iron Ore Processing (BHP Minerals) Agreement Act 1994 Irrigation (Dunham River) Agreement 1968# Leslie Solar Salt Industry Agreement 1966 Mineral Sands (Beenup) Agreement 1995 Minerals Sands (Cooljarloo) Mining and Processing Agreement Act 1988 Mineral Sands (Eneabba) Agreement Act 1975 Morley Shopping Centre Redevelopment Agreement Act 1992# National Rail Corporation Agreement Act 1992 Nickel (Agnew) Agreement 1974 Nickel Refinery (Western Mining Corporation Limited) Agreement Act 1968 North West Gas Development (Woodside) Agreement Act 1979∗ Northern Developments (Ord River) Pty Ltd Agreement Act 1960# Northern Developments Pty Limited Agreement Act 1957# Northern Developments Pty Limited Agreement Act 1969# Oil Refinery (Kwinana) Agreement Act 1952 Onslow Solar Salt Agreement Act 1992 Ord River Hydro Energy Project Agreement Act 1994 Paper Mill Agreement Act 1960 Pigment Factory (Australind) Agreement Act 1986 170 5 Western Australia • • • • • • • • • • • • • Pilbara Energy Project Agreement Act 1994 Port Kennedy Development Agreement Act 1992∗ Poseidon Nickel Agreement Act 1971 Shark Bay Solar Salt Industry Agreement Act 1983 Silicon (Kemerton) Agreement Act 1987 Tailings Treatment (Kalgoorlie) Agreement Act 1988 The Midland Railway Company of Western Australia Limited Acquisition Agreement Act 1963 Tourist Development (Secret Harbour) Agreement Act 1983 Uranium (Yeelirrie) Agreement Act 1978 Wesply (Dardunup) Agreement Act 1975 Western Mining Corporation Limited (Throssell Range) Agreement Act 1985 Wood Chipping Industry Agreement Act 1969 Wundowie Charcoal Iron Industry Sale Agreement Act 1974 171