APPENDIX A

LEGISLATION REVIEW – CLAUSE 5 OF THE COMPETITION PRINCIPLES AGREEMENT

Clause 5 of the CPA is reproduced below. (1) The guiding principle is that legislation (including Acts, enactments, Ordinances or regulations) should not restrict competition unless it can be demonstrated that: the benefits of the restriction to the community as a whole outweigh the costs; and the objectives of the legislation can only be achieved by restricting competition. Subject to subclause (3), each Party is free to determine its own agenda for the reform of legislation that restricts competition. Subject to subclause (4) each Party will develop a timetable by June 1996 for the review, and where appropriate, reform of all existing legislation that restricts competition by the year 2000. Where a State or Territory becomes a Party at a date later than December 1995, that Party will develop its timetable within six months of becoming a Party. Each Party will require proposals for new legislation that restricts competition to be accompanied by evidence that the legislation is consistent with the principle set out in subclause (1). Once a Party has reviewed legislation that restricts competition under the principles set out in subclauses (3) and (5), the Party will systematically review the legislation at least once every ten years. Where a review issue has a national dimension or effect on competition (or both), the Party responsible for the review will consider whether the review should be a national review. If the Party determines a national review is appropriate, before determining the terms of reference for,

(a) (b) (2) (3)

(4)

(5)

(6)

(7)

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and the appropriate body to conduct the national review, it will consult Parties that may have an interest in those matters. (8) Where a Party determines a review should be a national review, the Party may request the Council to undertake the review. The Council may undertake the review in accordance with the CouncilÕs work program. Without limiting the terms of reference of a review, a review should: (a) (b) (c) (d) (e) clarify the objectives of the legislation; identify the nature of the restriction on competition; analyse the likely effect of the restriction on competition and on the economy generally; assess and balance the costs and benefits of the restriction; and consider alternative means for achieving the same result including non-legislative approaches.

(9)

(10) Each Party will publish an annual report on its progress towards achieving the objective set out in subclause (3). The Council will publish an annual report consolidating the reports of each Party.

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APPENDIX B

NATIONAL COMPETITION POLICY CONTACTS

Further information regarding jurisdictionsÕ legislation review can be obtained by contacting the relevant Commonwealth, State or Territory competition policy unit. For information about NCP, please contact the National Competition Council.

National Competition Council Level 12 Casselden Place 2 Lonsdale Street MELBOURNE VIC 3000 Telephone: Facsimile: Internet: 03 9285 7474 03 9285 7477 ncc@c031.aone.net.au http://www.ncc.gov.au

Commonwealth Competition Policy Branch Commonwealth Treasury Block B, Parkes Place PARKES ACT 2600 Telephone: Facsimile: 02 6263 3887 02 6263 2937

New South Wales Inter-governmental and Regulatory Reform Branch The Cabinet Office Level 37 Governor Macquarie Tower 1 Farrer Place SYDNEY NSW 2000 Telephone: Facsimile: 02 9228 5414 02 9228 4709

Victoria Economic Development Branch Department of Premier and Cabinet 1 Treasury Place MELBOURNE VIC 3002 Telephone: Facsimile: 03 9651 5143 03 9651 6457

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Queensland National Competition Policy Unit Queensland Treasury 100 George Street BRISBANE QLD 4000 Telephone: Facsimile: 07 3224 5673 07 3229 3501

Western Australia Competition Policy Unit WA Treasury Level 12 197 St GeorgeÕs Terrace PERTH WA 6000 Telephone: Facsimile: 08 9222 9158 08 9222 9914

South Australia Micro Economic Reform Branch Department of Premier and Cabinet State Administration Centre 200 Victoria Square ADELAIDE SA 5000 Telephone: Facsimile: 08 8226 0903 08 8226 1111

Tasmania Economic Policy Department of Treasury and Finance Franklin Square Offices Murray Street HOBART TAS 7000 Telephone: Facsimile: 03 6233 3100 03 6223 2755

Australian Capital Territory National Competition Policy Unit Office of Financial Management Chief MinisterÕs Department Level 1, Canberra-Nara Centre 1 Constitution Avenue CANBERRA CITY ACT 2600 Telephone: Facsimile: 02 6207 5904 02 6207 0267

Northern Territory Policy and Coordination Division Department of Chief Minister GPO Box 4396 DARWIN NT 0801 Telephone: Facsimile: 08 8999 7097 08 8999 7402

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