7 TASMANIA 7.1 Guide to the Tasmanian legislation review schedule [Summarised to 30 April 1998 from information supplied by the Tasmanian Government.] Legislation Review Program In June 1996, the Tasmanian Government published its Legislation Review Program: 1996 Ð 2000 Ð Tasmanian Timetable for the Review of Legislation that Restricts Competition (LRP). The LRP complements TasmaniaÕs previous Systematic Review of Business Legislation. The LRP sets out for review, by the year 2000, all State legislation that restricts competition to ensure that only restrictions in the public benefit are retained. Legislation has been included in the LRP timetable if it restricts competition in any of the following ways: • • • • • restricts market entry; restricts competitive conduct; restricts product or service innovation; restricts the entry of goods or services; or restricts competition through administrative discretion. In general, any legislation dealing with licensing, registration, or product or service standard-setting (whether occupational or otherwise) has been included in the LRP timetable. In addition, ÒTaxationÓ Acts that are specially concerned with raising tax but which restrict competition, ÒAgreementÓ or 193 Legislation Review Compendium ÒRatificationÓ Acts, and Acts under which Government agencies issue permits or licences to operate on Crown land, have been listed for review. However, 15 ÒTaxÓ or ÒAgreementÓ Acts listed in Attachment 7.1 have been excluded from the review process. At April 1998, the Tasmanian LRP listed 236 Acts (after exclusion of the 15 Acts on the Exclusion Table). Of the 236 Acts listed for review: • • over 80 are listed for ÔGeneralÕ review, where restrictions on competition will be subject to thorough review; about 15 Acts have been agreed for ÔNational ReviewÕ, and negotiation over possible national review is continuing for some others. Several Acts that were originally scheduled for national review have now been listed for state-based review; and some 20 Acts have been listed in the ÔCommunity StandardsÕ category, where it is considered that certain restrictions on competition are justified in terms of the recognised social objectives of the legislation. The Tasmanian Government will review these Acts to ensure that any restrictions on competition, other than those deemed to constitute community standards, can be justified as in the public benefit. • The process for legislation review is outlined in the LRP. The review process uses a standard terms of reference template for establishing the focus of each review. Where legislation has a major restriction on competition or impact on business, review bodies must prepare a regulatory impact statement (RIS) and conduct a public consultation process. Where the restriction on competition or impact on business is considered minor, review bodies must complete a brief assessment of costs and benefits of the restriction, and public consultation, while encouraged, is not mandatory. The LRP guidelines and principles apply to all new primary legislation which restricts competition or impacts on business. The Subordinate Legislation Act 1992 reflects legislation review principles, and applies to all new subordinate legislation which restricts competition or impacts on business. 194 7 Tasmania Review Progress to April 1998 Of the 236 Acts listed for review: • • • • • • • 42 Acts have been repealed; 26 Acts are expected to be repealed and not replaced; 48 Acts are expected to be repealed and replaced with legislation that conforms with legislation review principles; seven Acts have been reviewed and are either under consideration or have been retained; 25 reviews are in progress (including those where the Government is negotiating with other Governments over the scope of a joint review); 66 Acts have yet to be reviewed; and 22 Acts, that after further consideration, are not to be reviewed. Of the 23 Acts listed in the LRP that are not to be reviewed, the Tasmanian Government has decided not to continue with a review because: • • • • on further consideration it is considered the Act does not impose restrictions on competition; the Act in question provides that any restrictions on competition imposed under the Act must be justified in the public benefit; the elements of the Act which restrict competition have been repealed; or the Act applies to actions taken under previous legislative regimes which are in a state of transition to new regimes (for example, Acts which relate to money-lending arrangements prior to the introduction of the Consumer Credit Code). The LRP guidelines and principles also apply to all proposals for new primary legislation. The Subordinate Legislation Act 1992 reflects similar principles, in that it requires all new subordinate legislation that imposes a significant cost, burden, or disadvantage on any sector of the Tasmanian public, to be subject to a regulatory impact statement and public consultation. 195 Legislation Review Compendium 7.2 Abbreviations The following abbreviations are used in the ÔAgencyÕ column of the Tasmanian legislation review timetable. DCHS DECCD DELM DOJ DOPPS DOT DPIF EMB FPB FT HEC IFC LC LGO MAIB MTT NASAT OCA OEPC P&C PAHSMA T&F TAO TDIA Department of Community and Health Services Department of Education, Community & Cultural Development Department of Environment and Land Management Department of Justice Department of Police and Public Safety Department of Transport Department of Primary Industry and Fisheries Egg Marketing Board Forest Practices Board Forestry Tasmania Hydro-Electric Commission Inland Fisheries Commission Licensing Commission Local Government Office Motor Accidents Insurance Board Metropolitan Transport Trust Navigation and Survey Authority of Tasmania Office of Consumer Affairs Office of Energy Planning and Conservation Department of Premier and Cabinet Port Arthur Historic Site Management Authority Department of Treasury and Finance Tasmanian Audit Office Tasmanian Dairy Industry Authority 196 7 Tasmania TDR TFS TGEB TRA WSA Tasmania, Development and Resources Tasmania Fire Service Tasmanian Grain Elevators Board Tasmanian Racing Authority Workplace Standards Authority The following abbreviations are used in the ÔDescription/Comment on reviewÕ column of the Tasmanian legislation review schedule. Nature of the restriction on competition ME CC PSI EGS AD Restrictions on market entry Restrictions on competitive conduct Restrictions on product or service innovation Restrictions on the entry of goods or services Administrative discretion Nature of the National Dimension ND NC SE CI National dimension National codes Spillover effects Common Interest 197 198 Legislation Review Compendium 7.3 Legislation review schedule: Tasmania Updated to 30 April 1998 Name of legislation Adoption Act 1988 Agency DCHS Description of legislation /scope of review ME, PSI Sets standards for counsellors and limits persons who may be approved as counselors. Requires adoption agencies to be approved and provides for the setting of qualification and service standards in relation to such agencies. ME, CC, PSI, ND (NC) Prohibits persons from selling a chemical product unless it is registered under the Agvet Code or a permit. Regulates the packaging, Labelling and the use of agricultural and veterinary chemicals. ME, PSI, ND (NC) Applies certain laws of the Commonwealth, relating to agricultural and veterinary chemical products, as laws of Tasmania. Establishes standards for agricultural and veterinary chemicals. Comment on review process Date of review 1998 Date review completed 1998 Outcome Review completed and restrictions justified in the public benefit. Agricultural and Veterinary Chemicals (Control of Use) Act 1995 DPIF Commonwealth consulting on terms of reference prior to a national review. Agricultural and Veterinary Chemicals (Tasmania) Act 1994 DPIF Commonwealth consulting on terms of reference prior to a national review. Name of legislation Air Navigation Act 1937 Agency DOT Aluminium Industry Act 1960 T&F Ambulance Service Act 1982 DCHS Animal Farming (Registration) Act 1994 Animal Health Act 1995 DPIF Description of legislation /scope of review ME, CC, PSI, ND (NC) Requires air pilots to be licensed. The Act applies Commonwealth legislation to Tasmania with regard to air-traffic rules and the regulation of aerodromes. CC Provides a company with a low interest loan, directs them to increase production capacity and restricts their ability to sell assets for a specified time period. ME Requires the approval of the Director of Ambulance Services for the provision of any privately run ambulance service. ME Requires the registration of farmers of emus and fallow deer. ME, EGS, ND (NC) Requires a licence for commercial artificial breeding. Enables the Minister to prohibit or restrict the movement of any animals into Tasmania from any other State. Protection of animal resources from the introduction of a disease, organism, variety or disorder. Comment on review process Anti-competitive elements to be considered as part of Productivity Commission review of International Air Services Agreement. PC Review underway. Date of review 1998 Date review completed Outcome 1997 To be repealed by Legislation Repeal Bill 1998. Redundant. 1997 A minor review has been finalised subject to separation of regulatory and service functions of office of Director of Ambulance Services. 1998 DPIF State-based review 1999 7 Tasmania 199 200 Name of legislation Animal Welfare Act 1993 Agency DPIF Apiaries Act 1978 DPIF Apple and Pear Industry (Crop Insurance) Act 1982 Architects Act 1929 DPIF P&C LGO Description of legislation /scope of review ME Prohibits persons from carrying out animal research unless it is carried out by an institution licensed under the Act. Essential provisions to restrict cruelty to animals. ME, CC, EGS Requires bee-keepers to be registered. Provides that the Governor may by order declare that only certain bees can be brought into or kept in a certain area. ME, CC Provides that growers must apply to the Fruit Crop Insurance Board for a crop insurance policy and pay the premium as gazetted. ME, CC, ND (CI) Prohibits persons promoting themselves as architects unless they are registered. Prescribes conduct standards of architects and prohibits certain practices. Comment on review process Community standards Date of review 1999 Date review completed Outcome Legislation Review Compendium 1996 Government considering recommendations of review. Review underway. RIS released for public comment. 1996 National review proposed 1998 Name of legislation Auctioneers and Real Estate Agents Act 1991 Agency DOJ Australia and New Zealand Banking Group Act 1970 DOJ Australian Titan Products Act 1945 Bank Holidays Act 1919 TDR WSA Description of legislation /scope of review ME, CC, ND (CI) Requires auctioneers, real estate agents and sales consultants to be registered. Specifies conduct rules for auctions in relation to misrepresentation, bids by owners, collusion, etc. ME Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. ME Provides certain water rights to a company and prohibits it from generating electricity. CC The Act restricts bank trading days. ME Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. Comment on review process State-based review Date of review 1998 Date review completed Outcome 1998 Act does not restrict competition per se. Deals with mergers. 1997 To be repealed under Legislation Repeal Bill 1998 1997 Bank of Adelaide (Merger) Act 1980 DOJ 1998 To be replaced by new legislation. New Act assessed under gatekeeper provisions as not imposing restrictions on competition. Act does not restrict competition per se. Deals with mergers. 7 Tasmania 201 202 Name of legislation Ben Lomond Skifield Management Authority Act 1995 Biological Control Act 1986 Agency DELM Description of legislation /scope of review ME Imposes restrictions on commercial operations in the Ben Lomond Skifield area. PSI, ND (NC) Provides that declared organisms can only be released in accordance with certain conditions. ME Imposes restrictions on commercial operations in the Botanical Gardens. CC Provides for the collection of a levy on building work, except in relation to any work undertaken by, or for, State and local governments. ME The Act provides a particular company with a competitive advantage by giving them the authority to operate and maintain a railway (some on private land, the rest on Crown Land lease). ME, ND (NC) No person running a business may use a business name unless it is registered. Comment on review process Date of review 1998 Date review completed Outcome Legislation Review Compendium DPIF Not proposed for review. Does not contain restrictions on competition. Botanical Gardens Act 1950 Building and Construction Industry Training Fund Act 1990 Burnie to Waratah Railway Act 1939 DELM Review of by-laws complete, and review of Act to be finalised in 1998 Deferred to 1998 to fully identify anti-competitive provisions of Act 1996 DECCD 1998 DOT Review deferred pending proclamation of Rail Safety Act 1997, which is likely to make Act redundant. 1998 Business Names Act 1962 DOJ State-based review 1998 Name of legislation Casino Company Control Act 1973 Agency T&F Child Welfare Act 1960 DCHS Chiropractors Registration Act 1982 DCHS Description of legislation /scope of review ME A casino licence can only be issued to a company specified in the Act. Prohibits the use of ÒcasinoÓ in any business name unless they are in possession of a casino licence. Restricts ownership and control of casinos by foreign individuals and companies. ME, CC, PSI Imposes licences for childcare operators and their premises, including restrictions on the number of children in care and the setting of premise standards. Sets standards for family and home-based care. ME, CC, ND (CI) Requires chiropractors to be registered. Restricts practices relating to the provision of services, including the use of names and titles, advertising, signs and soliciting patients. Comment on review process Terms of reference being prepared for a joint review of this Act and Gaming Control Act 1993, TT-line Gaming Act 1993, and elements of Racing and Gaming Act 1952. Date of review 1998 Date review completed Outcome 1996 1997 Children, Young Persons, and Their Families Act passed in 1997. Deals with assistance and intervention in relation to children at risk of abuse or neglect previously contained in the Child Welfare Act. Childcare provisions in the Child Welfare Act retained. To be repealed and replaced by Chiropractors and Osteopaths Registration Act 1997 (yet to be proclaimed). Draft legislation assessed under the LRP Gatekeeper requirements as imposing minor restrictions on competition, which could be justified in the public benefit. 7 Tasmania 203 204 Name of legislation Christ College Act 1926 Agency DECCD Classification (Publications, Films and Computer Games) Enforcement Act 1995 Clyde Water Act 1898 DOJ DPIF Commercial and Inquiry Agents Act 1974 DOJ Description of legislation /scope of review ME Provides for three schools and two trusts to be combined. It is effectively the constitution of the organisation. Provides a possible advantage not given to other schools. PSI, ND (NC) Regulates the classification of publications, films and computer games. Essential provisions to limit the availability of pornographic material. ME Vests trustees with the power to repair and alter works, construct works to convey water from Lake Sorell to the River Clyde and any waterworks necessary to provide the towns of Bothwell and Hamilton with water. ME, ND (CI) Requires commercial and inquiry agents to be licensed. Prohibits licences from being issued to certain classes of persons. Comment on review process Date of review 1999 Date review completed Outcome Legislation Review Compendium National review 1999 Being reviewed as part of COAG reform agenda for water industry. New legislation expected, which will be reviewed under the gatekeeper provisions. 1998 State-based review 1999 Name of legislation Commercial Bank of Australia Limited (Merger) Act 1982 Agency DOJ Commercial Banking Company of Sydney Limited (Merger) Act 1982 DOJ Companies (Acquisition of Shares) (Application of Laws) Act 1981 DOJ Description of legislation /scope of review ME Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. ME Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it cannot be repealed yet. Comment on review process Date of review 1998 Date review completed Outcome Not to be reviewed because it does not restrict competition per se. 1998 Not to be reviewed because it does not restrict competition per se. Not to be reviewed because it does not restrict competition per se. 7 Tasmania 205 206 Name of legislation Companies (Acquisition of Shares) (Tasmania) Code Agency DOJ Companies (Application of Laws) Act 1982 DOJ Description of legislation /scope of review CC, ND (NC) This Code is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. Comment on review process Date of review Date review completed Outcome Not to be reviewed because it does not restrict competition per se. Legislation Review Compendium Not to be reviewed because it does not restrict competition per se. Name of legislation Companies (Tasmania) Code Agency DOJ Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981 DOJ Description of legislation /scope of review CC, ND (NC) This Code is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. Comment on review process Date of review Date review completed Outcome Not to be reviewed because it does not restrict competition per se. Not to be reviewed because it does not restrict competition per se. 7 Tasmania 207 208 Name of legislation Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code Agency DOJ Companies and Securities (Miscellaneous Amendments) Act (No. 2) 1982 DOJ Description of legislation /scope of review CC, ND (NC) This Code is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. Comment on review process Date of review Date review completed Outcome Not to be reviewed because it does not restrict competition per se. Legislation Review Compendium Not to be reviewed because it does not restrict competition per se. Name of legislation Companies and Securities Legislation (Miscellaneous Amendments) Act 1982 Agency DOJ Companies Auditors and Liquidators Disciplinary Board Act 1982 DOJ Construction Industry (Long Service) Act 1997 WSA Description of legislation /scope of review CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. It only has an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. Act contains anti-competitive provisions, and was passed without complying with gatekeeper provisions. Comment on review process Date of review Date review completed Outcome Not to be reviewed because it does not restrict competition per se. Not to be reviewed because it does not restrict competition per se. Act added to review timetable. 1999 7 Tasmania 209 210 Name of legislation Co-operative Housing Societies Act 1963 Agency T&F Co-operative Industrial Societies Act 1928 Corporations (Tasmania) Act 1990 DOJ Description of legislation /scope of review ME, CC Prohibits co-operative housing societies from carrying on business unless they are formed and registered under the Act. Specifies the purposes for which a co-operative housing society can be registered, conduct of the society and name of the society. ME, CC Provides for the registration of co-operative building societies and regulates their conduct. ME, CC, PSI, ND (NC) Applies Commonwealth Corporations Law within Tasmania. ME, CC, PSI Licences crematoriums and prohibits cremation without a licence. Sets out the procedures to be followed in order to establish a crematorium and when cremating human bodies. Comment on review process Date of review 1998 Date review completed Outcome Legislation Review Compendium 1998 New legislation is proposed to replace this Act during 1998. New legislation will be based on national template and subject to gatekeeper provisions. DOJ Review of all areas of Corporation Law is being undertaken by Commonwealth review body. New legislation will replace this Act. 1997 Following review, a decision was taken to expand Act to include burial. New legislation will be assessed under gatekeeper provisions. Cremation Act 1934 P&C LGO Name of legislation Dairy Industry Act 1994 Agency TDIA Dangerous Goods Act 1976 WSA Dental Act 1982 DCHS Devonport Airport (Special Provisions) Act 1980 211 DOT Description of legislation /scope of review ME, CC, PSI, ND (SE) Requires dairy processing and manufacturing operations to be licensed. Establishes the ÔfarmgateÕ price which processors pay for milk. Provides for the operation of ÒCodes of PracticeÓ and sets standards for dairy produce and premises. ME, CC, ND (NC) Requires the licensing of persons manufacturing dangerous goods. Persons may not possess dangerous goods without complying with certain requirements and premises must comply with prescribed requirements. ME, CC, ND (CI) Requires dentist and dental mechanics to be registered. Restricts the use of titles, payments of commission, advertisements, soliciting patients and exhibiting signs. ME Provides for the granting of a lease or licence to use any part of the land, buildings or structures of the airport. Comment on review process State-based review Date of review 1998 Date review completed Outcome To be repealed and replaced by new legislation based on national model. New legislation has been assessed under the gatekeeper provisions. State-based review 1998 1998 Repealed by Port Companies Act 1997. 7 Tasmania 212 Name of legislation Dog Control Act 1987 Agency P&C LGO Don River Tramway Act 1974 DOT Door to Door Trading Act 1986 DOJ OCA Education Act 1994 Education Providers Registration (Overseas Students) Act 1991 DECCD DECCD Description of legislation /scope of review ME, CC Prohibits kennels and the keeping of dogs for breeding purposes without a licence. Sets standards for dog breeders and imposes certain standards on all licensed kennels. ME, PSI Provides a railway agreement giving a competitive advantage to a particular company, potentially acting to restrict competition. Gives the company authority to construct and operate a railway. CC, PSI Defines a prescribed contract and prohibited contractual terms. Details information to be incorporated under prescribed contracts. Limits the hours in which a dealer may call on a person. ME Requires non-Government schools to be registered. ME, CC, ND (NC) Requires providers of education to overseas students to be registered and enables conditions to be imposed on the conduct of registered education services. Comment on review process Government is currently considering recommendations of review Date of review 1997 Date review completed Outcome Legislation Review Compendium Review deferred pending proclamation of Rail Safety Act 1997, which is likely to make Act redundant. 1998 1999 1999 State-based review in 1999 1999 Name of legislation Egg Industry Act 1988 Agency DPIF EMB Electricity Supply Industry Act 1995 OEPC Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 Emu Bay Railway Act 1976 OEPC Description of legislation /scope of review ME, PSI, ND (SE) Requires egg producers to be licensed. Provides that producers must consign all second grade eggs to the Board for processing. ME, CC Requires licences for the generation, transmission, distribution or retailing of electricity. Can compel acceptance of conditions of a national electricity code and may impose restrictions on re-supply in contracts with very large users of electricity. ME Requires certain irrigation waters to be made available to certain water users, providing them with a commercial benefit that is not available to others. CC Provides a competitive advantage by releasing a particular company from obligations as a common carrier (Common Carrier Act). Provides that the company is not entitled to any of the rights or privileges of a common carrier. Comment on review process State-based review Date of review 1998 Date review completed Outcome 1999 Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. 1998 DOT Review deferred pending proclamation of Rail Safety Act 1997, which is likely to make Act redundant. 1998 7 Tasmania 213 214 Name of legislation Environment Protection (Sea Dumping) Act 1987 Agency DELM Environmental Management and Pollution Control Act 1994 DELM Evidence Act 1910 DOJ Fair Trading Act 1990 DOJ OCA Description of legislation /scope of review ME, CC, ND (CI) Requires a permit to undertake waste dumping or incineration at sea. Essential provisions to prevent degradation of the environment. ME, CC, PSI, EGS Requires a person carrying out a controlled activity to have authorisation and a TAFE certificate. Sets minimum standards for products in terms of air emissions. Restricts the importation of certain products. Essential provisions to prevent degradation of the environment. ME Restricts court room employment of shorthand writers to those who have been examined and licensed. CC, PSI Requires motor vehicle traders to provide a warranty for specific vehicles and establishes a system for dealing with customer complaints. Comment on review process To be repealed following amendments to the Environmental Management and Pollution Control Act 1994 Terms of reference currently being drafted Date of review Date review completed Outcome Legislation Review Compendium 1998 1997 To be repealed and replaced by Uniform Evidence Bill 1998. New legislation to be assessed under gatekeeper provisions. 1998 Name of legislation Fertilisers Act 1993 Agency DPIF Financial Management and Audit Act 1990 TAO Fire Service Act 1979 TFS Firearms Act 1996 DOPPS Description of legislation /scope of review CC, PSI, ND (NC) Prohibits the sale of fertiliser unless the package has the prescribed label. Regulates the details to be included on the label. Sets standards for the composition of fertilisers. ME Requires the Auditor-General to be the auditor of the Treasurer, all Government Departments, statutory authorities and GBEs. The Auditor-General can appoint external auditors to undertake the audit and pay them an appropriate fee. ME The formation of private fire brigades and salvage corps is prohibited unless authorised by the Tasmanian Fire Service. Replaces Guns Act 1991 Comment on review process Date of review 1999 Date review completed Outcome Review has commenced 1998 1998 To be reviewed under gatekeeper provisions. 1999 7 Tasmania 215 216 Name of legislation Fisheries Act 1959 Agency DPIF Ð DELM Ð IFC Flammable Clothing Act 1973 DOJ OCA Florentine Valley Paper Industry Act 1935 FT Description of legislation /scope of review ME, CC, PSI, EGS Prohibits persons carrying out marine farming activities or fish processing without authorisation and/or licences. Requires licensing of private fisheries and restricts the methods and equipment for taking fish. Restricts the import of fish. Protection of a natural resource from unsustainable extraction and the introduction of a disease, organism, variety or disorder. PSI, ND (NC) Requires clothing to be labelled in accordance with the regulations. Requires that labels must indicate the level of flammability. ME Grants a particular company the right to construct a pulp and paper mill at Boyer. Authorises the granting of exclusive timber, water and transport rights to that company. Comment on review process Date of review Date review completed Outcome Repealed May 1996 by Inland Fisheries Act 1995, Living Marine Resources Management Act 1995, and Marine Farming Planning Act 1995, which are to be reviewed. Legislation Review Compendium State-based review in conjunction with Goods (Trade Descriptions) Act 1971. 1998 Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. 1998 Name of legislation Forest Practices Act 1985 Agency FPB Forestry Act 1920 FT Friendly Societies Act 1888 T&F Description of legislation /scope of review ME, CC The Forest Practices Board has the authority to restrict the operation of timber harvesting through the Forest Practices Code, to reduce the concentration of harvesting or to control transport routes for the transportation of timber. ME Provides for the granting of forest permits, licences and the registration of all sawmills and timber brands. Specifies the qualifications that must be held by forestry officers. ME, CC, ND (NC) Requires friendly societies to be registered. Requires that two friendly societies conducting the business of a chemist must be within a distance of 11 km of the Hobart or Launceston GPO. Comment on review process Date of review 1998 Date review completed Outcome 1998 A minor review has been completed and majority of restrictions are expected to be removed. Remainder of restrictions considered justified Government intends to introduce new nationally consistent legislation. New legislation to be assessed under gatekeeper provisions. 7 Tasmania 217 218 Name of legislation Futures Industry (Application of Laws) Act 1987 Agency DOJ Futures Industry (Tasmania) Code DOJ Description of legislation /scope of review CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. Act has no effect except in relation to breaches prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. Not subject to review because it does not restrict competition per se. The Australian Securities Commission advises that it can not yet be repealed. Comment on review process Date of review Date review completed Outcome Not subject to review because it does not restrict competition per se. Legislation Review Compendium Not subject to review because it does not restrict competition per se. Name of legislation Gaming Control Act 1993 Agency T&F Gas Franchises Act 1973 WSA Goods (Trade Descriptions) Act 1971 DOJ OCA Grain Reserve Act 1950 TGEB Ð DPIF Description of legislation /scope of review ME, CC, PSI Grants exclusive rights to specific companies to conduct casino operations and operate gaming machines in Tasmania. Requires that gaming equipment must meet the approval of the Gaming Commission. Limitations on the availability of gaming to minors. ME Grants franchise holders (Hobart and Launceston Gas Companies) exclusive rights to supply gas by reticulation or in bulk in their respective franchise areas. PSI, ND (NC) Requires the Labelling of footwear and textiles. Limits the materials that can be used in footwear and requires safety footwear to comply with Australian standards requirements. ME Exempts the Tasmanian Grain Elevators Board from Council rates and protects it from being sued. Comment on review process Terms of reference being prepared for a joint review of this Act and Casino Company Control Act 1973, TT-line Gaming Act 1993, and elements of Racing and Gaming Act 1952. Date of review 1998 Date review completed Outcome 1996 This Act is expected to be repealed. For state based review in conjunction with Flammable Clothing Act 1973 1998 1998 7 Tasmania 219 220 Name of legislation Groundwater Act 1985 Agency TDR Guns Act 1991 DOPPS HairdressersÕ Registration Act 1975 WSA Henry Jones Limited (Huon Pine) Agreement Act 1978 FT Description of legislation /scope of review ME, CC Prohibits the construction or enlarging of a well, or the drawing of water, in a proclaimed region without a permit. Provides the Director of Mines with the power to shut, limit, repair or modify any Tasmanian well. ME Requires gun owners and firearm dealers to be licensed. Essential provisions to limit the availability of potentially dangerous goods such as guns. ME, CC Requires the registration of hairdressers and the licensing of hairdressersÕ premises. Premises must comply with prescribed requirements in relation to their design, construction, furnishings and equipment. ME Ratifies an agreement allowing a company to cut and take a specific quantity of Huon Pine. Comment on review process Being reviewed as part of COAG reform agenda for water industry. New legislation expected, which will be reviewed under the gatekeeper provisions. Date of review 1998 Date review completed Outcome Legislation Review Compendium 1998 Repealed by Firearms Act 1996, which is to be reviewed. 1998 1998 To be repealed by Legislation Repeal Bill 1998. Name of legislation Hire-Purchase Act 1959 Agency DOJ Historic Cultural Heritage Act 1995 HIV/AIDS Preventative Measures Act 1993 DELM DCHS Hobart Bridge Act 1958 DOT Description of legislation /scope of review CC, PSI Only relates to hire purchase contracts taken out prior to introduction of Consumer Credit Code. Specifies the conditions of a legal hire-purchase agreement. It specifies the standards that must be met in writing a legal hire-purchase contract. CC Places restrictions on building work on places of historic heritage significance that may affect historic cultural heritage. ME, CC, PSI Provides for the approval of health care workers at Secretarial discretion. Imposes restrictions on the manufacture and sale of HIV testing kits. Sets guidelines on medical and surgical procedures. ME Restricts the business of passenger ferry services on the Derwent River. Provides a contractual agreement effectively establishing a monopoly with one licensed operator, ie restricts market entry. Comment on review process Date of review Date review completed Outcome Not for review because it does not restrict competition per se. 1998 1998 1996 Repealed by Legislation Repeal Act 1996. 7 Tasmania 221 222 Name of legislation Hobart Regional Water Act 1984 Agency DPIF Hobart Town Gas CompanyÕs Act 1854 DOJ Hobart Town Gas CompanyÕs Act 1857 DOJ Hospitals Act 1918 DCHS Description of legislation /scope of review ME Gives the Hobart Regional Water Board exclusive rights to take water from the Derwent River, Mount Wellington and other streams, construct bulk supply works and enter into agreements with municipalities to provide water. CC, PSI Establishes the Hobart Town Gas Company to provide Hobart with gas powered street lights. Specifies conduct of the company and sets lighting standards to be met. ME Gives the company powers not afforded to potential competitors, such as entering premises, and recovering property on 24 hours notice. ME, CC Prohibits private medical establishments unless a licence to operate is obtained. Prohibits alterations, extensions and other changes to private hospitals without authorisation. Requires certain qualifications to be held by hospital managers. Comment on review process Date of review 1996 Date review completed Outcome Repealed in January 1997 by Hobart Regional Water (Arrangements) Act 1996, which was assessed under gatekeeper provisions. Legislation Review Compendium 1997 To be repealed following windingup of company. 1997 To be repealed following windingup of company. Review commenced in 1997 and will progress as two separate reviews. 1997 Name of legislation Housing Indemnity Act 1992 Huon Valley Pulp and Paper Industry Act 1959 Agency OCA Ð DOJ FT Hutchins School Act 1911 DECCD Hydro-Electric Commission (Doubts Removal) Act 1972 HEC Description of legislation /scope of review CC Requires builders to obtain an indemnity insurance policy before performing building work. ME, CC, PSI Provides the company with free unlimited water rights and restricts the water rights of the Huon Council (and its residents). Provides the company with rights over Crown land. Sets company conduct in relation to river bank degradation and water quality. ME Combines the Hutchins School and a trust and gives the school the power to lease land that it otherwise could not. Provides a possible advantage not given to other schools. ME Provides the Hydro-Electric Commission with the power to do all such acts, matters and things in relation to the specified area of Crown land as are necessary to construct and carry out works. Comment on review process Date of review 1998 Date review completed Outcome 1996 Repealed by Legislation Repeal Act 1996. 1999 1997 Repealed Nov 1996 by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are to be reviewed. 7 Tasmania 223 224 Name of legislation Hydro-Electric Commission (Doubts Removal) Act 1982 Agency HEC Hydro-Electric Commission Act 1944 HEC Ida Bay Railway Act 1977 DELM Description of legislation /scope of review ME Provides the Hydro-Electric Commission with the power to do all such acts, matters and things in relation to the specified area of Crown land as are necessary to construct and carry out works. ME, CC, PSI Prohibits the generation and/or transmission of electricity without the consent of the HydroElectric Commission (HEC). Establishes pricing rules and prohibits electrical wiring work and the sale of electrical fittings unless approved by the HEC. ME Confers Ida Bay Railway with an exemption from the provisions of the National Parks and Wildlife Act 1950 and the Railway Management Act 1935. Comment on review process Date of review 1997 Date review completed Outcome Repealed Nov 1996 by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are to be reviewed. Repealed Nov 1996 by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are to be reviewed. Legislation Review Compendium 1997 1997 To be repealed following proclamation of the Rail Management Act (Repeal) Act 1997. Name of legislation Inland Fisheries Act 1995 Agency DELM - IFC Irrigation Clauses Act 1973 DPIF Land Surveyors Act 1909 Land Use Planning and Approvals Act 1993 DELM DELM Description of legislation /scope of review ME, CC, PSI, EGS Requires the licensing and registration of private fisheries and restricts the methods and equipment that can be used to take or kill fish. Limits the size and sex of fish that can be taken. Restricts the importation of fish. Protection of a natural resource from unsustainable extraction or the introduction of a disease, organism, variety, or disorder. ME Provides for the construction of waterworks by persons authorised by another Act to do so. Provides for the right to a supply of water for irrigation. ME, CC, ND (CI) Requires surveyors to be registered and sets standards for the profession. CC, PSI Requires the observance of planning schemes by planning authorities in respect of all use or development within a certain area. Requires persons undertaking certain developments to apply to the planning authority for a permit. Comment on review process Review commenced Date of review 1997 Date review completed Outcome Being reviewed as part of COAG reform agenda for water industry New legislation is being prepared that will be assessed under the gatekeeper provisions. State-based review 1998 1998 1999 7 Tasmania 225 226 Name of legislation Land Valuation Act 1971 Agency DELM Launceston Gas Company Act 1982 DOJ Launceston Savings Investment and Building Society Act 1955 Legal Profession Act 1993 DOJ DOJ Description of legislation /scope of review ME Gives the Valuer-General a monopoly on the provision of valuation services to local government for the setting of valuations for the purpose of determining local rates. ME Gives the Launceston Gas Company powers that are not available to potential competitors in the gas supply market. For example, they are given the power to Òbreak up public roadsÓ without council approval, only needing to give 24 hours notice. ME Provides the Launceston Savings, Investment and Building Society with the power to invest in a specific property that it may not have been able to under the Building Societies Act 1876. ME, CC, ND (CI) Prohibits persons practicing as a legal practitioner or barrister unless admitted by the Supreme Court. Specifies conduct rules for legal practitioners and the way in which mandatory trust accounts must be operated. Comment on review process Review nearing completion. Undertaken in conjunction with review of Valuers Registration Act 1974. Date of review 1997 Date review completed Outcome Legislation Review Compendium 1997 This Act is expected to be repealed. 1996 Repealed by Legislation Repeal Act 1996. National review proposed. Three references are recommended by COAGÕs legal profession reform working group. Other issues to be reviewed at State level. Name of legislation Lending of Money Act 1915 Agency DOJ Liquor and Accommodation Act 1990 T&F LC Living Marine Resources Management Act 1995 DPIF Description of legislation /scope of review ME Only relates to money lending contracts taken out prior to introduction of Consumer Credit Code. Requires that money lenders be registered. ME, CC, PSI Prohibits granting of a liquor licence in connection with supermarket activities. Regulates the sale of liquor, provides for licensing of certain accommodation and provides an appellation system for Tasmanian wine. Limitations on the availability of liquor to minors. ME, CC, EGS Prohibits fish processing and marine farming without a licence. Provides for management plans for fisheries that limit the use of equipment and set conduct rules. Prohibits importation of live fish into Tasmania. Protection of a natural resource from unsustainable extraction and the introduction of a disease, organism, variety or disorder. Comment on review process Date of review Date review completed Outcome Not for review because it does not restrict competition per se. Review near completion 1996 Community standards review 1999 7 Tasmania 227 228 Name of legislation Loan (HydroElectric Commission) Act 1957 Agency HEC Description of legislation /scope of review ME Provides irrigation rights to persons in the Parish of Lawrency. ME Prohibits cesspools and the inhabitation of houses that do not have sanitation facilities. Requires the registration of premises used for offensive trades (tanneries, etc), the licensing of night-soil disposal systems and places of public entertainment. ME, CC, PSI, ND (NC) Provides for the control of building and plumbing work, the setting of product and construction standards and application of the Building Code of Australia to Tasmania. Provides for the approval of subdivisions and restrictions on the use of water. Comment on review process Date of review 1997 Date review completed Outcome Repealed Nov 1996 by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are to be reviewed. Relevant sections to be repealed and replaced by new building legislation in late 1998. New legislation to be assessed under gatekeeper provisions. Legislation Review Compendium Local Government (Building and Miscellaneous Provisions) Act 1993 - (in so far as it relates to health issues) Local Government (Building and Miscellaneous Provisions) Act 1993 (except in relation to health issues) DCHS 1996 P&C LGO New legislation to be introduced to replace building provisions of existing Act. New legislation to be assessed under gatekeeper provisions. In relation to Building Code of Australia, Committee on Reg Reform is considering scope of a national review in this area. Name of legislation Local Government (Highways) Act 1982 Agency P&C LGO Local Government Act 1993 P&C LGO Marine Act 1976 DOT NASAT Description of legislation /scope of review ME, CC Provides for the creation, construction, maintenance and management of highways and establishes construction standards. Empowers Councils to make by-laws prohibiting the carriage of certain materials over local highways unless licensed. ME, CC Enables Councils to make bylaws in respect of any matter or thing, such as fees and licences and the execution of works, for which the Council has a function of power under this or any other Act. ME, CC, PSI, ND (NC) Provides for the survey of marine vessels and equipment. Establishes standards for marine vessels and equipment through the adoption of national codes and standards. Comment on review process Review deferred Date of review 1998 Date review completed Outcome Review delayed pending outcome of GovernmentÕs intention to pursue the amalgamation of local councils. 1998 Repealed in June 1997 and replaced by Marine and Safety Authority Act 1997, Port Companies Act 1997, and Marine (Consequential Amendment) Act 1997. These Acts were assessed under gatekeeper provisions. 7 Tasmania 229 230 Name of legislation Marine Farming Planning Act 1995 Agency DPIF Meat Hygiene Act 1985 DPIF Medical Act 1959 DCHS Description of legislation /scope of review ME, CC Prohibits persons from carrying out marine farming activities unless they hold a lease, a reseeding lease, a permit or a marine farm licence. Provides that a person must not do anything that is contrary to any marine farming development plan. ME, CC, PSI, EGS, ND (NC) Prohibits the operation of abattoirs and slaughterhouses without a licence and provides for conditions to be attached to licences. Prohibits persons from selling or bringing meat into Tasmania unless it is fit for human consumption. ME, CC, ND (CI) Requires medical practitioners to be registered and prevents certain medical activities from being performed without being registered, for example, prescribing medicine. Comment on review process Date of review 1999 Date review completed Outcome Legislation Review Compendium Terms of reference currently being drafted. 1998 Repealed and replaced by Medical Practitioners Registration Act 1996, which is included in LRP timetable. Name of legislation Medical Practitioners Registration Act 1996 Agency DCHS Mental Health Act 1963 DCHS Description of legislation /scope of review ME, CC, ND (CI) Requires medical practitioners to be registered and prevents certain medical activities from being performed without being registered, for example, prescribing medicine. ME Restricts the admission of involuntary mental patients to public hospitals only. Comment on review process State-based review to commence in 1998 Date of review 1998 Date review completed Outcome 1996 To be repealed on proclamation of Mental Health Act 1996. New legislation to be reviewed in 1999. Mental Health Act 1996 Merchant Seamen Act 1935 DCHS DOT CC, ND (NC) Places restrictions on shipping crews through the adoption of International Labour Conventions. ME Places restrictions on the provision of public bus services within a 22 kilometre radius of the Hobart GPO and a 12 kilometre radius of the Launceston GPO. ME, CC A person must not carry out mining operations other than on their own land unless holding a lease or authorised under a mineral tenement. Replaces Mental Health Act 1963 1999 To be repealed under Legislation Repeal Bill 1998. Metropolitan Transport Act 1954 DOT MTT 1998 Replaced by Metro Tasmania Act 1997 and Metro Tasmania (Transitional and Consequential Provisions) Act 1997. New legislation was assessed under gatekeeper provisions. Mineral Resources Development Act 1995 231 TDR 1998 7 Tasmania 232 Name of legislation Mining Act 1929 Agency TDR Mock Auctions Act 1973 DOJ OCA Motor Accidents (Liabilities and Compensation) Act 1973 MAIB Mount Cameron Water Race Act 1926 TDR Description of legislation /scope of review ME, CC Provides for the issuing of prospecting, retention, mining, water and easement licenses and leases, providing substantial rights over unoccupied land. Prospecting licences for private land provide certain rights over private land. CC Prohibits auctions whereby it is a normal auction, but items are sold at a price lower than the highest bid, ie. no kick backs allowed. ME, CC Prohibits the driving of a motor vehicle on a public road unless a third party insurance premium has been paid. Provides the Motor Accidents Insurance Board (MAIB) with a monopoly on the provision of compulsory third party insurance. This Act contains a legislated restriction on competition as part of a legislative scheme governing water rights to the Rushy Lagoon property. Not originally listed for review. Comment on review process Date of review 1997 Date review completed Outcome Repealed in July 1996 by Mineral Resources Development Act 1995, which is to be reviewed. Legislation Review Compendium 1998 To be repealed under Legislation Repeal Bill 1998. 1997 Government is currently considering recommendations of review. To be repealed under Legislation Repeal Bill 1998. Name of legislation Mount Dundas and Zeehan Railway Act 1890 Agency DOT Mount Dundas and Zeehan Railway Act 1891 DOT Mount Lyell and Strahan Railway Act 1892 DOT Mount Lyell and Strahan Railway Act 1893 DOT Description of legislation /scope of review ME, CC The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway. ME, CC The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway. ME, CC, PSI Provides the company with the power to construct a railway through public and private lands. Specifies quality levels to be met in the construction of the railway. PSI Specifies railway construction standards to be met by this railway. Comment on review process Date of review 1997 Date review completed Outcome To be repealed under Legislation Repeal Bill 1998. 1997 To be repealed under Legislation Repeal Bill 1998. 1996 Repealed under Legislation Repeal Act 1996. 1996 Repealed under Legislation Repeal Act 1996. 7 Tasmania 233 234 Name of legislation Mount Lyell and Strahan Railway Act 1896 Agency DOT Mount Lyell and Strahan Railway Act 1898 DOT Mount Lyell and Strahan Railway Act 1900 (The) Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1985 DOT T&F Description of legislation /scope of review ME Provides the company with the power to alter the course of the railway through public and private lands. It provides the company with greater rights of acquisition than is available to other companies under the law. CC Restricts the ability of the company to set freight rates. As a monopoly provider of rail services to Strahan the Government empowered itself to oversee the private freight fees charged by the company. ME Provides the company with an extension to its rights over public and private lands. CC Provides financial assistance to extend the life of the mine and to establish a rehabilitation agreement. Comment on review process Date of review 1996 Date review completed Outcome Repealed under Legislation Repeal Act 1996. Legislation Review Compendium 1996 Repealed under Legislation Repeal Act 1996. 1996 Repealed under Legislation Repeal Act 1996. 1996 Repealed by Legislation Repeal Act 1996 Name of legislation (The) Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1987 (The) Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1992 Mount Read and Rosebery Mines Limited Leases Act 1916 Agency T&F Description of legislation /scope of review CC Provides financial assistance to further extend the life of the mine and to ensure continuation of the rehabilitation agreement. Comment on review process Date of review 1996 Date review completed Outcome Repealed by Legislation Repeal Act 1996 T&F TDR National Parks and Wildlife Act 1970 DELM ME Ratifies and implements a deed of variation with respect to the continuation of operations of a particular company. Grants to the company certain environmental degradation exemptions. ME The Act authorises the issue of special leases and licences to the Company in order for it to acquire Òa more certain tenure of the lands, water and other rightsÓ. The Company has sole rights to timber on any lands in the lease. ME Provides for conditions to be placed on the commercial use of crown land and limits the number and type of licenses that can be issued. 1997 To be repealed under Legislation Repeal Bill 1998, as Act now redundant. 1998 This Act is expected to be repealed. Review has commenced. 1997 7 Tasmania 235 236 Name of legislation North Esk Regional Water Act 1960 Agency DPIF North Mount Lyell and Macquarie Harbour Railway Act 1897 North Mount Lyell Mining and Railway Act 1901 DOT DOT North-West Regional Water Act 1987 DPIF Description of legislation /scope of review ME Provides the Rivers and Water Supply Commission with the exclusive right to supply certain Òwater districtsÓ from waterworks vested in the Commission. ME, CC, PSI Provides the company with the power to construct a railway through public and private lands. Specifies quality levels to be met in the construction of the railway. ME, CC Provides the company with more land for its railway and retrospectively approves certain new railway constructions. Specifies the conduct and form of leasing arrangements that the company can enter into. ME Provides that the North West Regional Water Authority may take water from specified places. Provides that the Authority shall supply municipalities in the Water District with water and that municipalities will not obtain water in bulk from elsewhere. Comment on review process Date of review 1996 Date review completed Outcome Repealed by Northern Regional Water (Arrangements) Act 1997. Legislation Review Compendium 1996 Repealed under Legislation Repeal Act 1996. 1996 Repealed under Legislation Repeal Act 1996. 1996 To be repealed by North West Water (Arrangements) Act 1997 in 1998. New Act assessed under gatekeeper provisions. Name of legislation Noxious Insects and Molluscs Act 1951 Agency DPIF Noxious Weeds Act 1964 DPIF Nursing Act 1987 DCHS Nursing Act 1995 237 DCHS Description of legislation /scope of review CC, EGS, ND (NC) Prohibits the importation into Tasmania of any noxious insect or mollusc, except for scientific purposes and with the prior approval of the Minister. Prohibits the sale of any infested animal or good. Protection of plant resources from the introduction of a disease, organism, variety or disorder. CC, EGS, ND (NC) Provides for the declaration of Òinfected areasÓ and prohibits the movement of plants and animals from that area. Prohibits the importation of banned weeds and unidentified plants. Controls the importation of seeds, aquatic plants and animals. Protection of plant resources from the introduction of a disease, organism, variety or disorder. ME, ND (CI) Sets out the qualifications necessary for persons to be registered or enrolled as nurses. ME, ND (CI) Sets out the qualifications necessary for persons to be registered or enrolled as nurses. Comment on review process Date of review Date review completed Outcome To be repealed and replaced by Plant Quarantine Act 1997. New legislation assessed under gatekeeper provisions. Expected to be replaced by new legislation. New provisions to be assessed under gatekeeper provisions. Repealed and replaced by Nursing Act 1995. New legislation is on LRP timetable. State-based review 1998 7 Tasmania 238 Name of legislation Optometrists Registration Act 1994 Agency DCHS Partnership Act 1891 DOJ Pawnbrokers Act 1857 DOJ Pesticides Act 1968 DPIF Petroleum (Submerged Lands) Act 1982 TDR Description of legislation /scope of review ME, CC, ND (CI) Requires optometrists to be registered. Restricts the ownership of optometrical practices, advertising and the dispensing of optical appliances. CC Defines the rights and obligations of partnerships and partners. Places restrictions on partners competing with the partnership. ME, CC Prohibits persons acting as pawnbrokers without a licence. Restricts the conduct of pawnbrokers. ME, CC, PSI, ND (NC) Provides for the registration of pesticides and prohibits their sale unless registered. Prohibits the sale of foodstuffs that contain pesticide residue above the permitted tolerance. Controls the packaging, Labeling and use of pesticides. ME, ND (NC) Requires licences for the production of petroleum and the construction and operations of pipelines. Requires retention leases for petroleum. Comment on review process State-based review Date of review 1998 Date review completed Outcome Legislation Review Compendium 1998 1999 Repealed in June 1996 by SecondHand Dealers and Pawnbrokers Act 1994, which is for review. Repealed Jan 1997, by Agricultural and Veterinary Chemicals (Control of Use) Act 1995, which is to be reviewed. 1999 Act expected to be repealed and replaced with template legislation developed by Commonwealth. New legislation to be assessed under gatekeeper provisions. Name of legislation Petroleum Products Emergency Act 1994 Pharmacy Act 1908 Agency DOPPS DCHS Description of legislation /scope of review ME, CC Provides for the licensing and prohibition of sale of petroleum products and the rationing of petroleum sales in an emergency. ME, CC, ND (CI) Requires pharmaceutical chemists to be registered and restricts advertising, the selling of medicines, the recording of prescriptions and so on. Comment on review process Date of review 1998 Date review completed Outcome Not for review. Legislation provides that any restrictions must be in public benefit, therefore no further justification of provisions is considered necessary. Commonwealth has proposed a review in 1999 in conjunction with CommonwealthÕs Community Pharmacy Agreement. A State-based review, which did not address ownership issues (which will be addressed nationally), was completed Jan 1998. This Act to be replaced by new legislation subject to gatekeeper provisions. Jan 1998 Physiotherapists Registration Act 1951 DCHS ME, CC, ND (CI) Requires physiotherapists to be registered and restricts various forms of advertising. New legislation being drafted to replace existing Act. New Act to be assessed under gatekeeper provisions 7 Tasmania 239 240 Name of legislation Plant Diseases Act 1930 Agency DPIF Plant Protection Act 1994 DPIF Plumbers and Gas-fitters Registration Act 1951 WSA Description of legislation /scope of review CC, EGS, ND (NC) Provides for the Governor to prohibit the introduction into Tasmania of any plant that is likely to introduce any disease or noxious organism. Prohibits the movement and export of diseased plants. Protection of plant resources from the introduction of a disease, organism, variety or disorder. CC, EGS, ND (NC) Provides that the Minister may prohibit the sale of anything found in an Òinfested areaÓ and may prohibit any article, goods or material from being imported into Tasmania. Prohibits exportation of diseased plants unless in accordance with restrictions. Protection of plant resources from the introduction of a disease, organism, variety or disorder. ME Requires that plumbers and gasfitters be registered. Prohibits plumbing and gas-fitting work by unregistered persons. Comment on review process Date of review Date review completed Outcome To be repealed by Plant Quarantine Act 1997, which is to assessed under gatekeeper provisions. Legislation Review Compendium Act passed but not proclaimed. To be repealed and replaced by new legislation under gatekeeper provisions. Review commenced 1997 Name of legislation Podiatrists Registration Act 1974 Podiatrists Registration Act 1995 Poisons Act 1971 Agency DCHS DCHS DCHS Police Offences Act 1935 DOPPS Port Arthur Historic Site Management Authority Act 1987 241 PAHS MA Description of legislation /scope of review ME, CC, ND (CI) Requires podiatrists to be registered and restricts various forms of advertising. ME, CC, ND (CI) Requires podiatrists to be registered and restricts various forms of advertising. ME, CC, PSI, ND (NC) Requires the licensing of manufacturing and wholesale chemists and restricts the sale or supply of narcotic or prohibited substances. Prohibits the sale of new drugs until they are classified. Essential provisions to prohibit the widespread use of potentially dangerous substances such as drugs. ME Requires the licensing of tanners, motor racing events, wood stacks, fund raising, money lending and boxing. ME Imposes restrictions on commercial operations in the Port Arthur Historic Site area. Comment on review process Date of review Date review completed Outcome Repealed and replaced by Podiatrists Registration Act 1995, which is for review. State-based review in 1998 1998 National review proposed. Victoria is drafting terms of reference. DCHS is drafting legislation to replace Poisons Act 1971 with two Bills dealing with licit and illicit drug use. New Acts to be assessed under gatekeeper provisions. Replacement legislation being drafted. New Act to be assessed under gatekeeper provisions. Review deferred due to management changes made by Board during 1997. 1999 1998 7 Tasmania 242 Name of legislation Port Huon Wharf Act 1955 Primary Industry Activities Protection Act 1995 Printers and Newspapers Act 1911 Agency T&F DPIF DOJ Psychologists Registration Act 1976 DCHS Description of legislation /scope of review Contains legislation that restricts competition. Was not on original timetable for review. ME, CC Provides legal protection from a claim of nuisance to established primary producers, but not to new ones entering the market. CC Requires printed matter to carry printerÕs name and address. Prohibits the sale of printed matter that does not bear printerÕs name and address. ME, CC, ND (CI) Requires psychologists to be registered. Restricts advertising by persons who are not registered psychologists without Board approval. Prevents a person other than a registered psychologist from using certain instruments or devices. Comment on review process Date of review Date review completed Outcome Repealed July 1997 Legislation Review Compendium 1999 1997 To be repealed under Legislation Repeal Bill 1998. New registration legislation is being drafted and subject to gatekeeper provisions. Name of legislation Public Health Act 1962 Agency DCHS Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 Racing Act 1983 FT Description of legislation /scope of review ME, CC, PSI, ND (NC) Prohibits persons other than medical practitioners from treating patients suffering from certain diseases. The Act prescribes food labeling requirements and sets food standards. Requires the registration of, and sets standards for, food premises. ME Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. ME, CC, ND (NC) Provides for the licensing of thoroughbred horses and greyhounds and persons involved in this type of racing. Controls thoroughbred and greyhound racing in Tasmania. Comment on review process Date of review Date review completed Outcome To be repealed and replaced by Public Health Act 1997 and Food Bill 1997, which were assessed under gatekeeper provisions. Commonwealth is consulting with the States on national review of food regulation. 1997 Repealed by Legislation Repeal Act 1995 TRA Ð DPIF State based review Nov 1998 7 Tasmania 243 244 Name of legislation Racing and Gaming Act 1952 (except in relation to totalisator betting) Agency T&F Ð DPIF Ð TRA Racing and Gaming Act 1952 (in so far as it relates to totalisator betting) Radiation Control Act 1977 T&F Ð DPIF ÐTRA Description of legislation /scope of review ME, CC Requires the registration of bookmakers, bookmakerÕs clerks, racing clubs and race courses. Restricts race meetings, telephone sports betting, bookmaker betting activities and the appointment of officials. Prohibits proprietary racing. Limitations on the availability of gaming to minors. ME, CC, ND (NC) Restrictions on totalisator betting. Comment on review process Terms of reference being prepared for a joint review of this Act and Gaming Control Act 1993, TT-line Gaming Act 1993, and the Casino Company Control Act 1973. Date of review 1997 Date review completed Outcome Legislation Review Compendium Racing components will be reviewed following completion of the review of the StateÕs gaming legislation. Nov 1998 DCHS Radiographers Registration Act 1971 DCHS ME, CC Prohibits unlicensed dealings with radioactive materials and electronic products. Enables requirements to be imposed on premises and requires the registration of certain products and materials. ME, CC, ND (CI) Requires radiographers to be registered. Prevents persons carrying out radiographic procedures unless they are registered. National review proposed. New legislation is being drafted and subject to gatekeeper provisions 1996 New registration legislation covering radiation technologists is proposed to replace existing legislation, and is subject to gatekeeper provisions. Name of legislation Railway Management Act 1935 Agency DOT Railways (Transfer to Comm-wealth) Act 1975 DOT Railways Clauses Consolidation Act 1901 Renison Limited (Zeehan Lands) Act 1970 Roads and Jetties Act 1935 DOT DELM Description of legislation /scope of review ME, CC Gives the Transport Commission the power to issue licences to reopen abandoned railways. Exempts railway buildings from planning laws. CC Establishes a price fixing regime, whereby rail freight charges cannot be set at a level higher than those applying to railways of the Commonwealth outside Tasmania. CC, PSI Authorises the construction of railways or tramways and sets fares, construction standards, rates and charges. ME Vests certain land to Renison Limited. CC Prohibits persons from moving vehicles or livestock so as to cross the side boundary of a limited access road without authority to do so. Comment on review process Date of review 1997 Date review completed Outcome To be repealed following proclamation of Rail Safety Bill 1997. Redundant since Government does not own any railways anymore. To be repealed under the Legislation Repeal Bill 1998. 1997 Review deferred pending proclamation of Rail Safety Act 1997, which is likely to make Act redundant. 1998 1997 To be repealed under the Legislation Repeal Bill 1998. DOT 1998 7 Tasmania 245 246 Name of legislation Rossarden Water Act 1954 Agency DPIF Rules Publication Act 1953 DOJ Sale of Condoms Act 1987 DCHS Sale of Hazardous Goods Act 1977 DOJ OCA Description of legislation /scope of review CC Provides that the Fingal Council may use its power to supply water to the Aberfoyle Tin mine free of charge, effectively providing the company with a competitive advantage. ME, PSI, AD All Statutes and Statutory Rules to be sent to the Government Printer and shall be numbered, printed and sold by the Printer as prescribed. Provides Administrative Discretion to the Chief Parliamentary Counsel to decide who to appoint as the Government Printer. ME, CC, PSI Requires the installers of condom vending machines to be licensed. Prohibits certain advertisements and the sale and supply of particular condoms. Requires that condoms meet certain standards. PSI, ND (NC) Enables the prohibition of the sale of certain products which are determined to be hazardous. Comment on review process Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Date of review 1996 Date review completed Outcome Legislation Review Compendium 1997 Restrictive provisions to be repealed by Legislation Publication Act 1996 in 1998. 1998 State-based review 1999 Name of legislation Salt-water Salmonid Culture (Supplementary Agreements Validation) Act 1992 Salt-water Salmonid Culture Act 1985 School Dental Therapy Service Act 1965 Agency DPIF Description of legislation /scope of review ME The Act amends the Joint Venture Agreement which gives SALTAS a monopoly on the production of salmon smolt. ME The Act ratifies the Joint Venture Agreement which gives SALTAS a monopoly on the production of salmon smolt. ME, CC Sets conditions under which dental therapists can practice, for example, they can only treat children up to 16 years. Outlines the limited range of duties that can be performed by dental therapists and limits their practice to the public sector. ME, CC Prohibits persons acting as second-hand dealers without a licence. Restricts the conduct of second-hand dealers. Comment on review process Date of review 1998 Date review completed Outcome To be repealed by Legislation Repeal Bill 1998. DPIF 1998 To be repealed under Legislation Repeal Bill 1998. DCHS Requirement for Act assessed as part of review of Dental Act 1982 1998 Second-hand Dealers Act 1905 DOJ Repealed in June 1996 by SecondHand Dealers and Pawnbrokers Act 1994, which is to be reviewed 7 Tasmania 247 248 Name of legislation Second-hand Dealers and Pawnbrokers Act 1994 Agency DOJ Securities Industry (Application of Laws) Act 1981 DOJ Description of legislation /scope of review CC Requires a person seeking to commence business as a secondhand dealer or pawnbroker to notify the nearest police station of their intention. Persons may be prohibited (negatively licensed) from operating as second-hand dealers or pawnbrokers. CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. Act has no effect except in relation to breaches prior to Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. Comment on review process Date of review 1999 Date review completed Outcome Legislation Review Compendium Not subject to review because it does not restrict competition per se. Name of legislation Securities Industry (Tasmania) Code Agency DOJ Seeds Act 1985 DPIF Sewers and Drains Act 1954 DPIF Description of legislation /scope of review CC, ND (NC) This Act is one component of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. Not subject to review because it does not restrict competition per se. The Australian Securities Commission advises that it can not yet be repealed. PSI, EGS, ND (NC) Prohibits the importation of certain seeds and the sale of seeds if the quality of those seeds is less than prescribed, or if they are mixed with other seeds in the wrong proportion or with seeds which are infected. ME, PSI Specifies material and work standards for the construction and maintenance of sewerage works. Requires certain Council officers to hold certificates of qualification. Comment on review process Date of review Date review completed Outcome Not subject to review because it does not restrict competition per se. State-based review. 1999 Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. 1998 7 Tasmania 249 250 Name of legislation Shop Trading Hours Act 1984 Agency WSA Stock (Brands and Movement) Act 1984 DPIF Stock Act 1932 DPIF Description of legislation /scope of review CC Stipulates that any business employing more than 250 people may not open on Sundays and certain other prescribed times. The Minister may declare certain days to be extended trading days. CC, ND (CI) Imposes an obligation on all persons with cattle or sheep to brand them with registered earmarks. Pigs cannot be sold unless they are branded with a registered body tattoo. ME, EGS, ND (NC) Requires a licence for commercial artificial breeding. Enables the Minister to prohibit or restrict the movement of any animals into Tasmania from any other State. Protection of animal resources from the introduction of a disease, organism, variety or disorder. Comment on review process Review deferred to coincide with Government commitments made in relation to shop trading hours. Date of review 1999 Date review completed Outcome Legislation Review Compendium State-based review. 1999 Repealed in Sept 1996, and replaced by Animal Health Act 1995, which is to be reviewed. Name of legislation Stock, Wool, and Crop Mortgages Act 1930 Agency DOJ Substandard Housing Control Act 1973 Sunday Observance Act 1968 DCHS WSA Survey Coordination Act 1944 DELM Description of legislation /scope of review PSI Provides for the registration of mortgages against stock, wool and crops by the Office of Consumer Affairs. Specifies what can be mortgaged and how it is to be done. PSI Provides for the closure of substandard rental accommodation and for rental control over certain premises. CC No person shall purchase, sell or negotiate the purchase of property on a Sunday. Certain other business activities are forbidden on a Sunday. ME, CC Prohibits the erection of a structure, building or any other erection that is likely to be mistaken for a standard permanent mark on a mountain, hill or elevated land without the approval of the SurveyorGeneral. Comment on review process Date of review 1998 Date review completed Outcome New legislation being prepared to replace this Act. New Act to be assessed under gatekeeper provisions. 1996 Repealed by Public Health Act 1997. 1997 This Act is expected to be repealed. 1998 Any restrictions to be repealed as part of review of Land Surveyors Act 1909 7 Tasmania 251 252 Name of legislation Tasmanian Government Insurance Act 1919 Agency T&F Tasmanian Harness Racing Board Act 1976 Tasmanian Public Finance Corporation Act 1985 Taxi Industry Act 1995 DPIF TRA T&F DOT Therapeutic Goods and Cosmetics Act 1976 DCHS Description of legislation /scope of review ME, CC, PSI Establishes the Tasmanian Government Insurance Office and prohibits it from trading in life insurance. Specifies business practices and standards. ME, CC, ND (NC) Provides for the registration of all harness racing trainers and drivers. Controls harness racing in Tasmania. ME Provides for the Treasurer to direct a State authority to exclusively source loans from Tascorp. ME, CC, PSI, ND (CI) Provides for the licensing of taxis and places restrictions on their operation. Limits the number of taxi licences available. PSI, ND (NC) The Act provides for the control of therapeutic goods and cosmetics. Comment on review process Date of review 1997 Date review completed Outcome To be repealed once transitional issues associated with sale of TGIOÕs business are completed (after July 1999). Legislation Review Compendium Repealed and replaced by Racing Amendment Act 1997. New Act assessed under gatekeeper provisions as not restricting competition. Review has commenced 1998 State-based review. 1998 To be replaced by new Therapeutic Goods Bill in 1998, which will complement Commonwealth legislation. New legislation to be assessed under gatekeeper provisions. Name of legislation Thomas Owen and Co. (Australia) Limited Act 1948 Threatened Species Protection Act 1995 Agency DPIF DELM Tobacco Products (Labelling) Act 1987 DCHS Description of legislation /scope of review ME Provides a company with the right to take as much water as required at no cost and prohibits it from using that water to generate electricity. ME, CC Prohibits trade in protected flora and fauna. Provides for protection orders prohibiting certain activities and exemptions from those orders. Specifies conduct of Government agencies, GBEs, authorities and bodies in relation to sustainable development. Essential provisions to protect native species or other classes of animals from extinction. PSI Prescribes regulations for the packaging of tobacco products and requires warning notices to be displayed on tobacco products. Comment on review process Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Community standards Date of review 1998 Date review completed Outcome 1999 Repealed by Public Health Act 1997. 7 Tasmania 253 254 Name of legislation Traffic Act 1925 Agency DOT Description of legislation /scope of review ME, CC Provides for the licensing of public vehicles (cars, carriers, omnibuses, hire cars and charter buses) and for conditions to be placed on licenses. Comment on review process Date of review 1996 Date review completed Outcome Substantially reviewed. Anticompetitive provisions of Part III will be replaced by Passenger Transport Act 1997, Passenger Transport (Consequential and Transitional) Act 1997 and Traffic Amendment (Accreditation and Miscellaneous) Act 1997. Legislation to replace remainder of Traffic Act 1925 is being drafted, and will be assessed under gatekeeper provisions. Legislation Review Compendium Travel Agents Act 1987 DOJ OCA Trustee (Insured Housing Loans) Act 1970 Trustee Act 1898 T&F T&F ME, CC, ND (NC) Requires travel agents to be licensed and defines what does and does not constitute the business of a travel agent. ME, CC Prescribes the power to approve insurers and provides that trustees can only invest in a housing loan if that housing loan is insured by an approved insurer. CC Regulates the types of investments that trustees can and cannot make. National review proposed. Terms of reference being considered by Ministerial Council on Consumer Affairs. 1997 Repealed by Trustee Amendment (Investment Powers) Act 1997 1998 Name of legislation Trustee Banks Act 1985 Agency T&F Trustee Companies Act 1953 DOJ TT-Line Gaming Act 1993 T&F Description of legislation /scope of review ME, CC Restricts the establishment of Trustee Banks and provides a regulatory framework for Trustee Banks that can affect their competitive conduct. It also requires auditors of Trustee Banks to be registered auditors. ME, CC, ND (NC) Provides for the establishment of trustee companies. Prohibits specific actions in relation to loans. Prohibits trustee companies from engaging in any business unless expressly authorised in the Act. ME, CC Grants a licence to a State shipping company to conduct gaming operations. Specifies how gaming is to be conducted and which games can be played. Limitations on the availability of gaming to minors. Comment on review process Date of review 1998 Date review completed Outcome New Trustee Amendment Bill 1997, which is subject to gatekeeper provisions, to replace anticompetitive provisions. Review of Act has been postponed pending introduction of new legislation. Terms of reference being prepared for a joint review of this Act and Casino Company Control Act 1973, Gaming Control Act 1993, and elements of Racing and Gaming Act 1952. 1998 7 Tasmania 255 256 Name of legislation United Milk Products Ltd (Amalgamation) Act 1981 Agency TDR Universities Registration Act 1995 DECCD Valuers Registration Act 1974 DELM Van DiemanÕs Land CompanyÕs Waratah and Zeehan Railway Act 1895 DOT Description of legislation /scope of review ME Special Act to allow the amalgamation of two companies and two co-operative industrial societies into one single company. Not practicable under the Companies Act 1962, therefore this special Act was passed. ME, CC, ND (NC) Requires institutions wanting to operate as universities to be registered and enables conditions to be imposed on their conduct. ME, CC, ND (CI) Requires valuers to be registered and specifies conduct that may result in de-registration, such as professional misconduct, taking excessive amounts of alcohol and drugs, suffering from a mental disorder or committing an offence. ME, CC The Act sets out a railway agreement providing a competitive advantage to a particular company; gives authority to construct and operate a railway and prescribes the construction standards that must be met. Comment on review process Date of review 1998 Date review completed Outcome To be repealed by Legislation Repeal Bill 1998 Legislation Review Compendium State-based review 1998 State-based review near completion. Undertaken in conjunction with review of Land Valuation Act 1971 1997 Review deferred pending proclamation of Rail Safety Act 1997, which may render Act redundant. 1998 Name of legislation Van DiemanÕs Land CompanyÕs Waratah and Zeehan Railway Act 1896 Agency DOT Van DiemanÕs Land CompanyÕs Waratah and Zeehan Railway Act 1948 DOT Vermin Destruction Act 1950 DPIF Description of legislation /scope of review ME, CC The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. ME, CC The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. ME, EGS, ND (SE) Prohibits the keeping and intrastate transportation or importation into Tasmania of vermin and rabbits without a permit. Comment on review process Review deferred pending proclamation of Rail Safety Act 1997, which may render Act redundant. Date of review 1998 Date review completed Outcome Review deferred pending proclamation of Rail Safety Act 1997, which may render Act redundant. 1998 State-based review 1999 7 Tasmania 257 258 Name of legislation Veterinary Medicines Act 1987 Agency DPIF Veterinary Surgeons Act 1987 DPIF Vocational Education and Training Act 1994 DECCD Description of legislation /scope of review ME, PSI, ND (NC) Provides for the registration of veterinary medicines, prohibits their sale unless they are registered and packaged in accordance with requirements. Requires animals treated with prescribed medicines to be marked in a manner approved by the Registrar. ME, CC, ND (CI) Requires persons practising veterinary surgery or rendering a veterinary service to be registered. Specifies constraints on the formation of veterinary services companies and alters the legal obligations of veterinary surgeons employed by such companies. ME, PSI, ND (NC) Requires training providers to be registered in order to offer accredited courses. Provides for compulsory training agreements for training undertaken in respect of a declared vocation. Comment on review process Date of review Date review completed Outcome Repealed Jan 1997 by Agricultural and Veterinary Chemicals (Control of Use) Act 1995, which is to be reviewed. Legislation Review Compendium State-based review. 1999 To be replaced by new legislation, to be assessed under gatekeeper provisions. Name of legislation Water Act 1957 Agency DPIF Waterworks Clauses Act 1952 DPIF Wee Georgie Wood Steam Railway Act 1977 DOT Weights and Measures Act 1934 DOJ OCA Description of legislation /scope of review ME, CC, AD Gives the Rivers and Water Supply Commission the power to allow or prevent persons from taking water from rivers and lakes. Prohibits the taking of water for irrigation without the authority of the Commission. Specifies water quality standards. ME Gives power to persons, authorised by special Acts to construct waterworks, to acquire land and to undertake various activities associated with the construction of such waterworks. ME, CC The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. ME, CC, PSI, ND (NC) Requires the licensing of weigh bridges and public weigh bridge operators. Specifies requirements for pre-packed articles and other products. Comment on review process Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Date of review 1998 Date review completed Outcome Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Review deferred pending proclamation of Rail Safety Act 1997, which may render Act redundant. 1998 1998 New legislation to be introduced in 1998 to provide for State-based uniform trade measurement. New Act to be assessed under gatekeeper provisions 7 Tasmania 259 260 Name of legislation Wellington Park Act 1993 Agency DELM Wesley Vale Pulp and Paper Industry Act 1961 FT Whales Protection Act 1988 WorkersÕ (Occupational Diseases) Relief Fund Act 1954 WorkersÕ Rehabilitation and Compensation Act 1988 DELM WSA Description of legislation /scope of review ME Imposes restrictions on commercial operations in the Wellington Park area. ME Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. ME, CC, ND (CI) Requires a permit to trade in any whale products, or to take/interfere with whales. ME, CC Compels employers in certain industries to contribute to the Workers (Occupational Diseases) Relief Fund. ME, CC, PSI Compels employers to take out insurance and provides for the compulsory licensing of insurers. Establishes employersÕ liability to compensate workers, specifies levels of compensation and specifies the requirement for medical practitioners to be accredited. Comment on review process Date of review 1998 Date review completed Outcome Legislation Review Compendium Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. State-based review 1998 1998 Not for review. Relevant provisions, considered not to impose restrictions on competition per se, in any case repealed by WorkersÕ Compensation Legislation Amendment Act 1993 Joint Select Committee examining need for reform of legislation; report expected in April 1998. Additionally, Labour MinistersÕ Council coordinating a national review of workersÕ compensation arrangements. Review deferred pending outcome 1998 WSA Name of legislation Workplace Health and Safety Act 1995 Agency WSA Description of legislation /scope of review ME, CC, PSI Establishes a code of practice with respect to workplace health and safety. Sets health, safety and welfare standards. Regulates workplaces and work practices. Comment on review process Labour MinistersÕ Council reviewed National Occupational Health and Safety Commission and agreed to change in its direction and a new role in relation to approval of OH&S standards. Review options developed after considering reforms to NOHSC. Date of review Date review completed Outcome Wynyard Airport (Special Provisions) Act 1982 DOT ME Provides for the granting of a lease or licence to use any part of the land, buildings or structures of the airport. 1998 Repealed by Port Companies Act 1997 Note: The Legislation Repeal Act 1996 has passed into law; this Act is to be distinguished from the Legislation Repeal Bill 1998, which has yet to be passed. 7 Tasmania 261 Legislation Review Compendium Attachment 7.1 Tasmanian legislation which restricts competition that is not proposed for review Apart from the legislation listed in the review timetable, the Tasmanian Government has identified a number of other Acts and Regulations as restricting competition. However, it is not proposing to review these as part of the National Competition Policy process. These Acts and Regulations are set out below. Name of legislation Copper Mines of Tasmania Pty Ltd (Agreement) Act 1994 Debits Tax Transfer Act 1990 Agency TDR T&F Electricity Consumption Levy Act 1986 Financial Institutions Duty Act 1986 T&F T&F Goldamere Pty Ltd (Agreement) Act 1996 Iron Ore (Savage River) Agreement Act 1965 TDR TDR Iron Ore (Savage River) Arrangements Act 1996 TDR Iron Ore (Savage River) Deed of Variation Act 1990 TDR Description of legislation ME Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. CC Provides for the imposition and collection of a tax in respect of certain debits made to accounts kept with financial institutions. CC Repealed by Hydro Electric Corporation (Consequential and Miscellaneous Provisions) Act 1996. CC Imposes a duty on financial receipts. Provides for the assessment and collection of duties. Requires registration of financial institutions. Provides for the approval and ratification of an Agreement with respect to mining and mineral processing operations at Savage River and Port Latta. ME The Act requires the Minister to take steps to enable the lease to be granted to the lessees free from any estates, interests or rights of any other person. Provides for certain arrangements with Pickands Mather & Co International, in relation to that companyÕs obligations under the Iron Ore (Savage River) Deed of Variation Act 1990. ME This Act ratifies a Deed of Variation on the original agreement and sets out particulars in relation to royalty payments and so forth. 262 7 Tasmania Name of legislation Land and Income Taxation Act 1910 Land Tax Act 1995 Agency T&F T&F Pay-roll Tax Act 1971 T&F Petroleum Products Business Franchise Licences Act 1981 Stamp Duties Act 1931 The Hellyer Mine Agreement Ratification Act 1987 T&F T&F T&F Tobacco Business Franchise Licences Act 1980 T&F Description of legislation CC Provides for the assessment of income and the taxation of land and income. CC Provides for the assessment of tax payable on certain types of land for example, rural or residential land. CC Imposes a tax on certain employers in respect of certain wages. Provides for the assessment and collection of payroll tax. ME Requires licensing of businesses that wish to sell petroleum products. These licences are used as a means of raising taxation revenue. CC Provides for the collection of stamp duties. ME, CC Directs the company to prefer Tasmanian suppliers, contractors, labourers, etc. Provides for exemption from stamp duty. Provides for special mineral royalty arrangements, prescribes conditions and standards for the operation of the Hellyer Mine. ME Requires licensing of businesses that wish to sell tobacco products. These licences are used as a means of raising taxation revenue. 263