9 NORTHERN TERRITORY 9.1 Guide to the Northern Territory legislation review schedule [Summarised from the Northern Territory 1996 Annual Report on the Implementation of National Competition Policy, June 1997. Legislation review progress updated to 31 December 1997 on 25 June 1998.] Legislation Review The Northern Territory Government has published a program for reviewing all existing Northern Territory legislation which might contain anticompetitive provisions. The review timetable extends over a period of three years from June 1996 to June 1999, with the majority of reviews scheduled for completion by June 1998. Early scheduling of reviews should permit sufficient time to consider and implement reforms and enable some flexibility where more complex reviews are undertaken (eg where it is considered appropriate to extend the scope of reviews beyond competition policy issues) or where more extensive consultation processes are considered necessary. The Northern TerritoryÕs principles for classifying reviews are: • • Complete review. General review Ñ a general overview of the relevant legislation to ensure consistency with Part IV of the Trade Practices Act and its principles. Limited review. • 293 Legislation Review Compendium • Staged review, where: Stage 1 will be to clarify objectives of legislation; Stage 2 will be to review each anti-competitive element; and Stage 3 will be to effect legislative option where necessary. • Targeted review Ñ will target identified issues. All legislation identified as Ôrestricting competitionÕ within the Attorney GeneralÕs portfolio will be reviewed jointly through a staged process. Amendments to or revisions of the review timetable are coordinated by the Department of the Chief Minister. Amendments are published annually in July. Some 39 of the 43 reviews scheduled up to June 1997 are either in progress or have been completed. Two reviews have been re-scheduled: the Pharmacy Act (pending the outcome of a proposal for a national review) and the Water Act. A number of reviews have been or will be conducted under expanded terms of reference involving comprehensive review of the entire legislative instrument. In such cases, the review process may take longer than was initially anticipated and may extend beyond the respective scheduled completion dates. However such extensions are not expected to be significant. In respect of new legislation, the Northern Territory Government has a formal requirement that all Cabinet Submissions proposing new or amending legislation must address National Competition Policy issues. Where such legislation is identified as having anti-competitive provisions, the proposal must be accompanied by an impact assessment of the proposed legislation in terms of the legislative review principles. Three Acts passed since April 1995 have been added to the Legislative Review Program: the Retirement Villages Act; the Private Security Act; and the Meat Industry Act. 294 9 Northern Territory 9.2 Abbreviations The following abbreviations are used in the ÔAgencyÕ column of the Northern Territory legislation review timetable. AG Attorney-GeneralÕs DPA Darwin Port Authority HLG Housing and Local Government LC Liquor Commission LPE Lands, Planning & Environment ME Mines & Energy NTT NT Treasury PAWA Power & Water Authority PFES Police, Fire and Emergency Services PIF Primary Industries & Fisheries PW Parks & Wildlife RG Racing and Gaming TDZ Trade Development Zone THS Territory Health Services TIO Territory Insurance Office TW Transport & Works WHA Work Health Authority 295 296 9.3 Legislation review schedule: Northern Territory Updated to 31 December 1997 Name of legislation Abattoirs and Slaughtering Act/Regs AgentÕs Licensing Act Agency PIF Description of legislation/scope of review - Establishes licensing regime and standards for premises etc - Slaughter of buffalo (Reg 7) - Abattoir licence (Reg 5) - Real Estate AgentÕs Licence (s11) - AgentÕs Representative Registration (sÊ12) - Conveyancing AgentÕs Licence Comment on review process Targeted review Date of review 30 June 1997 Date review completed Outcome Repealed and replaced by Meat Industries Act, which commenced Dec 1997. Legislation Review Compendium AG In progress Stage 1 by 30 June 1997 Stage 2 by 30 June 1998 Stage 3 by 30 June 1999 Agricultural and Veterinary Chemicals (NT) Act PIF To apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of the NT Architects Act LPE - ArchitectÕs Registration - Certifying Architects Registration (Part 3) NT is party to national review of Act and complementary legislation in other jurisdictions General review To be finalised by 30 June 1997 see above Review completed. Passage to NT Government delayed pending resolution at national level of professions issues. AuctioneerÕs Act AG - AuctioneerÕs Licence (sÊ4) - AuctioneerÕs Clerk Licence (sÊ8E) In progress Name of legislation Building Act Agency LPE Description of legislation/scope of review Provides for the establishment of technical standards for buildings, the registration of building practitioners and certifiers, the regulation of building matters (including the registration of building products), the granting of permits and he establishment of appeals processes. Comment on review process Targeted review (licensing issues) in progress. Public submissions closed. NCP amendments, if applicable, to be introduced in Legislative Assembly in 1999. Date of Date review review completed To be finalised by 30 June 1997 Outcome Building Societies Act and Regulations AG - Registration of a Building Society (sÊ14(1)) - Registration of Building Societies (Reg 2) Licensing issues see above Repeal recommended. Building Societies currently registered under Financial Institutions (NT) Code as part of a national legislative scheme. No terminating building societies in NT Business Franchise Act NTT Licence to sell tobacco or petroleum products (sÊ14) Targeted review in progress Caravan Parks Act HLG Cemeteries Act and Regulations HLG Regulates caravan parks. Only applies to some parts of the Territory. May create anticompetitive effects between controlled and uncontrolled areas. Provides for the establishment (sÊ6), maintenance and control of cemeteries. Approval for the establishment of cemeteries by the Administrator. No clear guidelines on approvals - could be applied anticompetitively. General review To be finalised by June 30 1998 December 1997 Review completed and ready for Government consideration. Review completed and ready for Government consideration. 9 Northern Territory June 1997 297 Name of legislation Classification of Publications, Films & Computer Games Act Commercial and Private Agents Licensing Act Commercial Passenger (Road) Act Agency AG Description of legislation/scope of review Review of prohibition concerning the manufacture of ÔXÕ style videos in NT. Comment on review process In progress Date of review see above Date review completed Outcome 298 Legislation Review Compendium AG TW Community Welfare Act THS - Commercial AgentÕs Licence (sÊ5(a)) - Process Server Licence (sÊ5(c)) - Inquiry AgentÕs Licence (sÊ5(b)) - Private Bailiff Licence (sÊ5(d)) - Tourist vehicle licence (sÊ52) - Accreditation of a commercial passenger operator (part 3) - Taxi licensing (part 4) Taxi licence (Div 1) Substitute taxi licence (Div 2) Supplementary taxi licence (Div 3) Private hire car licence (sÊ32) - Motor omnibus licence (part 6) Pioneer routes (sÊ46) Urban service areas (sÊ47) Prohibiting a restricting service (sÊ49) - Tourist vehicle licence (sÊ52) - Special passenger vehicle licence (sÊ58) Provides for the protection and welfare of children etc. Licensing of child care centres (Div 2). In progress see above Targeted review in progress To be finalised by June 30 1998 Targeted review To be finalised by Dec 30 1998 Name of Agency legislation Consumer Affairs AG and Fair Trading Act (NTÊRegs) and Amendment Act 1996 Description of legislation/scope of review Sundry fair play provisions regarding the regulation of advertising, banning of potentially unsafe goods etc: - Travel AgentÕs Licence (Schedule 1) - Credit Providers Licence - Pawnbrokers and Second Hand Dealers Licence - Motor Vehicle Dealers Licence - tow truck code Sets requirements for the transport, storage and handling of dangerous goods. Business licences to manufacture, store, convey, sell, import or possess prescribed dangerous goods (sÊ15 - 21). Operators licences for: - drivers of dangerous goods - vehicles (reg 56) - shotfirers (reg 132) - gas fitters (reg 172) - autogas fitters (reg 202) Comment on review process In progress Date of review see above Date review completed Outcome Dangerous Goods Act and Regulations WHA Targeted review Dec 30 1996 Review finalised. Act repealed and new Dangerous Goods Act assented to 30 March 1998. Draft regulations to be circulated for public comment June 1998. 9 Northern Territory 299 Name of legislation Darwin Port Authority Act Agency DPA Description of legislation/scope of review Establishes the Darwin Port Authority. Prescribes functions and powers: - Monopoly powers - Licensing arrangements and Fees - Issue of stevedoring licence. Charge for issue of renewal (Part II, s 17 (p) (q)) - Control of shipping movements in port (Part III, s 29) - Application for stevedoring licence (sÊ38) - Cancellation or suspension of stevedoring licence by Minister (sÊ39) - Exemption from local government charges (Part IV, s 45) Establishes the registration board and registration requirements. Registration as a: - Dental Hygienist - Dental Specialist - Dental Therapist - Dentist (sÊ14 (a) to (d)) Comment on review process Targeted review. In progress Dental Act THS Full review Date of Date review review completed Part III s 29 and Part IV sÊ45 to be finalised by June 30 1997. Part II s 17 (p)(q) and Part III, s 38, 39 to be finalised by June 30 1998 30 June 1997 Outcome 300 Legislation Review Compendium Framework for new legislation to be prepared taking account of NCP issues. Completion expected Dec 1998 Name of legislation Electrical and Contractors Act Agency LPE Description of legislation/scope of review Establishes the Licensing Board: - Electrical Worker Licence - Electrical Contractor Licence - Electrical Fitter Licence - Electrical Linesman Licence - Electrical Cable Joiner Licence - Refrigeration Mechanic Licence - Instrument Fitter Licence - Registration of Apprentices - Permits for Electrical Work (Part 3 various divisions) Comment on review process Targeted review (licensing issues). In progress. Public submissions closed. Review to be subsumed into general review of Act to be conducted late 1998 or early 1999. Date of Date review review completed To be finalised by 30 June 1997 Outcome 9 Northern Territory 301 Name of legislation Electricity Act Agency PAWA Description of legislation/scope of review - An Act to control the generation and safe use of electricity - Control over reselling of electricity sÊ14(5) Part IV (TPA) conflicts - Sale and resale prohibited without license s 27 affects competition, restricts entry - Prohibits certain uses of electricity - sÊ29 Part IV (TPA) concerns - Price fixing in relation to licensee - sÊ30 Part IV (TPA) concerns and possibly reduces contestability - Liability limitation - sÊ32 possible competitive neutrality - Act binds the Crown - sÊ38 - Regulation making powers - sÊ39 - Licensing elements: - Authorisation of electrical inspectors sÊ19; - Electrical equipment controls; - Appointment of licensees; and - By-laws for regulating standards and electrical supply sÊ21-26 Comment on review process Targeted review in progress. Preliminary review completed. Detailed review of identified anticompetitive provisions currently underway. Review is part of total review of PAWA. Date of review 30 June 1997 Date review completed Outcome 302 Legislation Review Compendium Energy Pipelines Act Energy Resource Consumption Levy Act Financial Institutions Duty Act ME NTT Part 2 - Energy Resource Consumption Levy. Requirement for any bulk consumer of levy oil to register under the Act (sÊ7). - Registration as a Financial Institution for FID (sÊ12) - Certification as a Short Term Dealer (sÊ14) Review in progress Targeted review NTT Targeted review in progress 30 June 1997 To be finalised by 30 June 1997 To be finalised by 30 June 1998 Review completed and results to be forwarded to Government for consideration. Name of legislation Financial Management Act Agency NTT Description of legislation/scope of review Part 5 - Funds Management: - Requirement to open the Northern Territory Government Account at a Bank (sÊ27) TreasurerÕs Direction Part 1, Section 2 further defines a Bank to include Òany organisation providing financial services and includes banks, credit unions, building societies and similar organisationsÓ. The legal effect of the definition of a bank, as it applies to the FMA needs to be clarified Part 5 - Funds Management: - Requirements for determining suitable financial institutions and instruments for investing Government funds (sÊ29(2)). The requirement for deposits to be made with a financial institution with a suitable, published credit rating excludes financial institutions without a published credit rating. - ArmourerÕs licence (sÊ20) - Dealers licence (sÊ17) - ShooterÕs licence - security firms (sÊ28/29) - Shooting gallery licence (sÊ31) - Permits and special permits sÊ16 and 17 Comment on review process NTT Date of review June 30 1997 Date review completed Outcome Anti-competitive effect of section 27 removed by Financial Institutions (Miscellaneous Amendments) Act 1997. Financial Management Act NTT NTT June 30 1997 Review completed and results to be forwarded to Government for consideration. Firearms Act PFES Targeted review Fisheries Act PIF Targeted review. Reviewed in tandem with national initiatives. A preliminary review was conducted in liaison with other jurisdictions at beginning 1998. To be finalised by December 1998 30 June 1997 9 Northern Territory 303 Name of legislation Fisheries Regulations Agency PIF Description of legislation/scope of review Licensing and management of fisheries - Commercial fishing proposal Pt 6, Div 2 - Aquarium licence Pt 3, Div 12 - Fish traderÕs licence various - Aquaculture licence re: waste disposal s171(f) - Licence to process fish s 59 & 144 - Permit to import fish or aquatic life sÊ26 - Aquaculture licence Pt 10, Div 2 - Commercial fishing licence Pt 7 Div1 - Coastal line fishery licence Pt 8 Div1 - Coastal net fishery licence Div 2 - Bait net fishery licence Div 3 - Spanish mackerel fishery licence DivÊ4 - Shark fishery licence Div 5 - Demersal fishery licence Div 6 - Barramundi fishery licence Div 7 - Mud crab fishery licence Div 8 - Mollusc fishery licence Div 9 - Pearl oyster fishery licence Div 10 - Fixed trap fishery licence Div 11 - Aquarium fishing/display Div 12 fishery licence Comment on review process Targeted review. See above. Date of review 30 June 1997 Date review completed Outcome 304 Legislation Review Compendium Name of legislation Fisheries Regulations (CONTÉ) Agency PIF Description of legislation/scope of review Licensing and management of fisheries shery licence - Trepang fishery licence Div 13 - Development licence Div 14 - Fish trader/processor Pt 9 Div 2 - Fish retailer Div 3 - Fish broker Div 4 - Aquaculture licence Part 10 Div 2 - Pearl oyster culture industry licence Div 3 - Aboriginal coastal licence Part 11 DivÊ2 - Fishing tour operator licence Div 3 - Aquarium trader licence Div 4 - Net licence Div 5 - Timor reef fishery licence Part 8 DivÊ15 - Finfish trawl fishery licence Div 16 - Jigging fishery licence Div 17 Provides standards for the preparation and sale of food etc: - Registration of a food vending machine (sÊ13 (6) & 13 (7)) Comment on review process Targeted review. See above. Date of review 30 June 1997 Date review completed Outcome Food Act THS Targeted review 30 June 1997 National model for food legislation being developed. Completion expected Dec 1999. 9 Northern Territory 305 Name of legislation Gaming Control Act and Regulations Agency RG Description of legislation/scope of review Provides for the regulation and control of gaming: - Trade lotteries (sÊ39 and Regs) - Approved associations (sÊ38(2)) - Foreign lottery approval (sÊ40(2)) - Casino licence (sÊ16) - Use and possession of a gaming machine in a club or hotel (sÊ49(1)(a)) - Supply and lease of a gaming machine (sÊ49(1)(b)) - Assembly and repair of a gaming machine (sÊ49(1)(c)) - Novelty gaming machines (regs, various) - Casino operatives licence (Part III DivÊ1, 2) Provides for the licensing of gaming machines in community venues - establishes limits and controls on numbers of machines and locations. Establishes board Provides for the licensing of hawkers (sÊ4). Registration as a: - Aboriginal Health Worker (sÊ24) - Chiropractor (sÊ35) - Occupational Therapist (sÊ38) - Osteopath (sÊ39) - Physiotherapist (sÊ40) - Psychologist (sÊ41) Comment on review process General review with particular attention to licensing elements. NT is participating in the information gathering exercise being conducted by Productivity Commission. Date of review 30 June 1997 Date review completed Outcome 306 Legislation Review Compendium Gaming Machine Bill 1995 RG Grain Marketing Act Hawkers Act Health Practitioners and Allied Professionals Registration Act PIF HLG THS Limited review. New legislation impact being assessed. In progress Complete review Targeted review Full review 1996 30 June 1998 Dec 30 1997 Repealed Review in progress To be repealed. New legislation to be prepared taking account of NCP issues. Completion expected June 1999. Name of legislation Housing Act Agency HLG Description of legislation/scope of review Establishes the Housing Commission and provides for letting and sale of dwellings. Comment on review process General review Licensed Surveyors Act LPE Surveyors licensing Targeted review (licensing issue) Liquor Act LC Local Government Act, Regulations and By-Laws HLG Marine Act Regulations (Pilotage, Hireand-Drive, Examinations and Certificates) TW Provides for the regulation of the sale of alcohol: - Licence for the Sale of Liquor (sÊ24) - Special Licences (sÊ57) - Wholesalers of Liquor (sÊ113A) Provides for the constitution of municipalities and community government areas, the election of self-governing authorities to control municipalities and community government areas and provides for a similarity of power and function between self-governing authorities. - Licensing of certain commercial operations (part V) - Certificate of survey (sÊ79(a)) - Permit for the operation of hire-and drive vessel (sÊ4) - Certificate of competency (coxswain) (Sched 3) - Certificate of competency (masterclass-all) (RegÊ9) Targeted review Date of Date review review completed To be finalised by December 1998 To be finalised by 30 June 1997 Expected to be finalised by 30 June 1998 July 1997 Outcome Review in progress Review completed and ready to be forwarded to Government for consideration. General review In progress. Initial review of Local Government Act completed and forwarded to Government for consideration. Review of Council by-laws underway. Targeted review. Now expected to be completed Dec 1998. June 30 1997 9 Northern Territory 307 Name of legislation Meat Industries Act Agency PIF Description of legislation/scope of review implements national standards and reforms Medical Act THS Establishes Medical Registration Board: - Licence to be a Medical Practitioner (sÊ31) Provides rules for the conduct of medical services. Entry conditions, pricing. Provides for the care and treatment of the mentally ill. Comment on review process New legislation impact assessment. Review to coincide with national food industry standards review. Review of Board Date of review 1997-98 Date review completed Outcome 308 Legislation Review Compendium 30 June 1997 Act reviewed. Issues of regulation of advertising and ownership of medical companies to be resolved. Medical Services Act Mental Health Act THS THS Targeted review in progress. General review. 30 June 1997 Dec 30 1996 Act to be repealed, and replaced by a new Act. Bill currently before Legislative Assembly. New Act to apply equally to private and government sectors, and take account of need to meet national standards and accreditation requirements but will not restrict innovation or entry of goods and services provided standards are met. New Act to be subject to NCP assessment processes for new legislation. Mine Management Act ME Regulation of Occupational Health and Safety in Mining. General review. Now expected to be finalised June 1999. 30 June 1997 Name of legislation Mining Act Agency ME Description of legislation/scope of review Creates a regime for the valid grant of mining tenure in the NT, together with ongoing regulation: - MinerÕs Right (sÊ9) - Exploration Licence (Div 2 s 16) - Exploration Retention Licence (sÊ38) - Mineral Leases (Part VI) - Mineral Claims (Part VII) - Extractive Mineral Lease (Part VIII) - Extractive Mineral Permit (Part VIII) Establishes a no-fault compensation scheme, prescribes rates of benefit and abolishes certain common law rights. Motor Vehicles Dealers Licence Part X, Div 3, SubDiv A, s 132 - Motor omnibus licence (sÊ10(2)) - Pastoral vehicle permit (sÊ137B) - Driving instructorÕs licence (25B) - Commercial passenger vehicle licence Comment on review process Targeted review. Completion delayed until June 1999 due to native title legislative considerations. Date of review 30 June 1997 Date review completed Outcome Motor Accidents (Compensation) Act Motor Vehicle Dealers Regulations Motor Vehicles Act TIO To be reviewed but no issues apparent. AG In progress. To be finalised by 30 June 1997 see above TW Targeted review. Now expected to be completed Dec 1998. To be finalised by 30 June 1997 9 Northern Territory 309 Name of legislation Nursing Act Agency THS Description of legislation/scope of review Establishes the Registration Board for Registration as a: - General Nurse - Child Welfare Nurse - Psychiatric Nurse - Mental Deficiency Nurse Enrolment as a: - Enrolled Nurse - Mothercraft Nurse Application for Enrolment Comment on review process Complete review of legislation to take account of (in particular) the operation of Mutual Recognition legislation Date of Date review review completed Expected to be finalised by 30 December 1996 Outcome Act to be repealed. NCP review was included in full review of Act. Repeal recommended and a new Nursing Act has been drafted taking account of NCP issues and Mutual Recognition and Trans-Tasman Mutual Recognition implications. The proposed new Act will be subject to the normal review and assessment provisions applicable to new legislation. Review expected to be finalised Dec 1998. 310 Legislation Review Compendium Oil Refinery Agreement Ratification Act Optometrists Act ME THS Provides a legislative basis for arrangements between Government and Mereenie. The Act contains possible restrictions on third parties. Establishes the Registration Board - Registration as an Optometrist (sÊ29) Targeted review in progress Targeted review. Regulation of optical dispensers and prescription of drugs by optometrists to be considered. Completion expected June 1999. 30 June 1998 Dec 1997 Name of legislation Ozone Protection Act and Regulations Agency LPE Description of legislation/scope of review Environmental controls: - Licence to Buy/Sell a Controlled Substance (sÊ15) Comment on review process Targeted review (licensing issues) Date of Date review review completed To be finalised by 30 June 1997 Outcome To be repealed, and provisions incorporated inot regulations under Waste Management and Pollution Control Bill, introduced in February 1998. New bill subject to review process for new legislation. This Act to be repealed by new Pawnbrokers and Secondhand Dealers legislation to be included in Consumer Affairs and Fair Trading Act Ð expected to commence late 1998. Pawnbrokers Act AG - PawnbrokerÕs Licence (s 18) Stage 2 will review each anticompetitive element see above Pay-Roll Tax Act NTT - Pay- Roll Tax Register (sÊ12) Targeted review in progress Pet Meat Act PIF Petroleum (Submerged Lands) Act Petroleum Act and Petroleum (Prospecting and Mining) Act ME ME Licensing of slaughtering processing and storage of pet meat, standard of premises etc: - Slaughter for pet meat (sÊ14) - Process of pet meat (sÊ18) - Storage of pet meat (sÊ24) Regulates the exploration and recovery of petroleum in NT territorial seas. Grants exclusive rights, technical and financial prescriptions. Regulates the exploration and recovery of petroleum in the NT. Grants exclusive rights, technical and financial prescriptions. Possible PtÊIV (Trade Practices Act) concerns. Targeted review To be finalised by 30 June 1998 To be finalised by 30 June 1997 To be finalised by 30 June 1999 30 June 1998 Repealed and replaced with Meat Industries Act, which commenced Dec 1997. Targeted review 9 Northern Territory Targeted review in progress Petroleum (Prospecting and Mining) Act repealed 12 years ago. 311 Name of legislation Pharmacy Act Agency THS Description of legislation/scope of review Establishes the Registration Board - Registration as a Pharmacist (sÊ19) Places of Public Entertainment Act Plumbers and Drainers Licensing Act HLG Controls places of public entertainment: - Public Entertainment Licence (sÊ6) - Advanced TradesmanÕs Licence (sÊ23) - Journeyman Registration (sÊ22) Comment on review process Review deferred. National review proceeding in conjunction with review of Pharmaceutical Benefits Scheme. Completion expected 1999. Targeted review in progress. Targeted review (licensing issues) in progress. Review to be subsumed into general review of Act in late 1998 or early 1999. Date of review Dec 1996 Date review completed Outcome 312 Legislation Review Compendium 30 June 1998 To be finalised by 30 June 1997 LPE Name of legislation Poisons and Dangerous Drugs Act Agency THS Description of legislation/scope of review Sets out controls for manufacture, wholesale, retail sales. Principally licensing issues: - Possession of medical kit drugs (sÊ42) - Registration of a pesticide(sÊ52A) - Pest control operator (sÊ55) - Registration as a poisons wholesaler (sÊ17) - Registration as a poisonÕs retailer (sÊ23) - Possession of poisons (Part 4, s 27) Port By-Laws DPA - Port management and control provisions. Prescribe changes for services. Compulsory services and fees. Licensing issues. - Compulsory pilotage for the majority of vessels (Chapter V By-law 28) - Fee for pilotage exemption certificates (Bylaw 36) - Fee for the renewal of pilotage exemption certificate (By-law 36 (c)) - Fees for operating with exempt pilot (Bylaw 36 (f)) - Pilotage Fees (By-law 52) - Port dues (Navigation aids levy) (By-law 53) Comment on review process Targeted review. A national review has commenced targeted for Juen 1999. The national review is considering: • certificate of competency for pest controllers; and • prescribing of drugs by health professionals other than medical practitioners e.g. optometrists Targeted review. Date of Date review review completed To be finalised by 30 June 1997 Outcome To be finalised by June 30 1998 9 Northern Territory 313 Name of legislation Power and Water Authority Act Agency PAWA Description of legislation/scope of review - Establishes the Power and Water Authority and prescribes powers and responsibilities etc - Functions and powers of the Authority gives control of provision and supply etc of electricity in the NT - Exemption from rates - competitive neutrality issue - Price fixing regarding the AuthorityÕs agents - Possible Pt IV Trade Practices Act conflict - Regulation making powers - Statutory power - Exemption from charges - competitive neutrality issue (sÊ14, 15, 19, 25(b), 33) Comment on review process Targeted review in progress. See above Date of review 30 June 1997 Date review completed Outcome 314 Legislation Review Compendium Prices Regulation Act Private Hospitals and Nursing Homes Act Private Security Act Prostitution Regulation Act AG THS Provides for the licensing of private hospitals and nursing homes. In progress General review of provisions see above To be finalised by 30 June 1998 June 1999 AG Introduces accredited training requirement and licensing regime for crowd controllers (bouncers). New legislation impact assessment In progress AG Public Health (BarbersÕ Shops) Regulations THS - Registration of a barbers shop (s5) Targeted review as for AgentÕs Licensing Act To be finalised by 30 June 1998 Name of legislation Public Health (Shops, EatingHouses, Boarding Houses, Hotels and Hostels) Regulations Racing and Betting Act Agency THS Description of legislation/scope of review - Registration of a boarding house (sÊ35,Ê36) - Registration of an eating house (s12,Ê13) Comment on review process Targeted review Date of Date review review completed To be finalised by 30 June 1998 Outcome RG Racing and Betting Regulations Radiation (Safety Control) Act RG Licensing issues: - Sports bookmakers licence (sÊ70, 89) - Racing venue (sÊ37) - Registration of race clubs (sÊ46) - Registration of trotting clubs (sÊ53) - Registration of greyhounds (s 58) - Totalisator licence (sÊ111) Regulates sports betting and bookmakers: - BookmakerÕs clerk registration (Div 6) - BookmakerÕs registration (sÊ102(2)(b)(ii)) - Registration of irradiating apparatus (sÊ29) Targeted review in progress To be finalised by 30 June 1998 Targeted review in progress THS Targeted review To be finalised by 30 June 1998 To be finalised by 30 June 1998 9 Northern Territory 315 Name of legislation Radiographers Act Agency THS Description of legislation/scope of review Establishes the Registration Board: - Registration as a Radiographer (sÊ11) Retirement Villages Act Stock (Artificial Breeding) Act/Regs AG PIF regulates operation of retirment villages - Use of imported semen (Reg 6) - InseminatorÕs licence (Reg 17) - Unlicensed semen (Reg 20) - Semen collection/distribution (RegÊ7) - Approved sires (sÊ5) - Registration as an Accommodation House (sÊ80c) - Registration as a lender (div 13, s 72) - Register of a financial institution for electronic debit transaction duty (sÊ29M) - Registration of insurers (div 6, s 40) - Register life insurers (div 7, s 46) Comment on review process Targeted review. Reassessment of need for registration board and mechanism for issue of permits to other health professionals to undertake radiographic procedures to be considered. New legislation impact assessment. Targeted review Date of review 30 June 1997 Date review completed Outcome 316 Legislation Review Compendium July 1999 30 June 1997 To be repealed Taxation (Administration) Act NTT Targeted review in progress. To be finalised by 30 June 1998. Name of legislation Territory Insurance Office (TIO) Act Agency TIO Description of legislation/scope of review Establishes the TIO to carry out certain insurance and related business and provide financial, business and other services. Confers a monopoly on motor vehicle accident insurance, acting as the insurer of Territory assets and liabilities. Ministerial discretion on the extent of financial activity (sÊ30) the government guarantees. Establishes parks and reserves and protects/conserves wildlife etc: - Licence to conduct scientific research or investigation (sÊ111) - Permit to trade in live vertebrate wildlife (sÊ33) - Permit to take a live protected animal (sÊ29) - Importing/exporting of vertebrate wildlife of the Northern Territory (sÊ34) Grants sole rights to this form of betting. Comment on review process Targeted review being conducted in conjunction with recommendations of Wallis enquiry. Date of review June 30 1997 Date review completed Outcome Territory Parks and Wildlife Conservation Act PW Targeted review in progress. Completion expected Dec 1998. 30 June 1997 Totalisator Administration and Betting Act Trade Development Zone Act RG General review in progress. TDZ Licence to operate in the Trade Development Zone (sÊ21, 28). Targeted review. Focus of TDZ reviewed and significant changes implemented. Review process will be recommenced. To be finalised by 30 June 1998 30 June 1997 9 Northern Territory 317 Name of legislation Uranium Mining (Environmental Control) Act Agency ME Description of legislation/scope of review Controls uranium mining in the Alligator Rivers Region. Imposes restrictions, conditions and requirements that could discourage innovation, add to costs etc. Establishes registration board: - Registration as a veterinarian (Part 3, Div 2, s 13) Provides for the investigation, use, control, protection, management and administration of water resources and for related purposes: - Grant of drilling licence (sÊ49) - Underground waste disposal licence (sÊ63) - Wastage discharge licence (sÊ74) - Water investigation permit (sÊ5) - Permit to construct or alter water Works (sÊ6) - Bore construction permit (sÊ7) - Licence to take/use surface water (s8) - Licence to take ground water (sÊ9) Comment on review process Targeted review in progress Veterinarian Act PIF Targeted review in progress Water Act LPE Targeted review. To be rescheduled to link with COAG water reform agenda. Targeted review. To be rescheduled to link with COAG water reform agenda Date of Date review review completed To be finalised by 30 June 1998. To be finalised by 30 June 1998 30 June 1997 Outcome 318 Legislation Review Compendium Water Regulations LPE 30 June 1997 Name of Agency legislation Water Supply and PAWA Sewerage Act Description of legislation/scope of review Relates to the provision of sewerage and water services and associated matters - Liability waivers s 9 - Statutory powers above Pt IV - Declaration of sewered, water supply and water supply extension areas sÊ12 sÊ13 Statutory powers above Pt IV - Power to assess consumption sÊ32 - statutory powers above Pt IV - Price fixing within declared area sÊ33 - Pt IV concern, reducing contestability - Appointment of inspectors at large sÊ42 Licensing issue - Regulation of various matters sÊ38, 53, 57, 58, 59, 62, 64, 66, 68 - Regulatory systems which may reduce contestability - Regulation making powers s 76 Workers Compensation claims management TIO subject to provisions in this Act, although the Act is owned and administered by the Work Health Authority. Comment on review process Targeted review in progress. See above Date of review 30 June 1997 Date review completed Outcome Work Health (Occupational Health and Safety) Act/Regs TIO See Acts listed under the WHA Agency To be finalised by 30 June 1997 9 Northern Territory 319 Name of legislation Work Health (Occupational Health and Safety)Act/ Regulations Agency WHA Description of legislation/scope of review Establishes the Authority and sets requirements for occupational health and safety. Registration of the design of designated plant including pressure equipment, cranes and hoists, lifts, escalators, moving walks, amusement structures and scaffolding (reg 93). Licensing of operators: pressure equipment operation, crane and hoist operators, industrial truck operation, scaffolding, rigging and asbestos removal (reg 15). Comment on review process Targeted review Date of review To be finalised by June 30 1998 Date review completed Outcome 320 Legislation Review Compendium