1 Commonwealth 1.1 Guide to the Commonwealth Legislation Review Schedule Legislation review The Commonwealth Legislation Review Schedule (CLRS) arises out of the requirements of the Competition Principles Agreement (CPA), under which the Commonwealth, State and Territory Governments agreed to review and - where appropriate - reform all legislation that restricts competition by the year 2000. In June 1996, the schedule listed 98 separate reviews. Changing circumstances have required some reviews to be added, removed or rescheduled. As a result, there are now 95 pieces of legislation in the CLRS. In December 1998, the Office of Regulation Review published A Guide to Regulation – Second Edition. The guide provides an overview of the Commonwealth’s regulatory review requirements, and assists officials in the preparation of Regulation Impact Statements - that examine alternative methods of attaining the goals currently achieved through legislative restrictions. Progress to 30 June 1998 The Commonwealth scheduled 67 reviews to be completed by the time of the NCP second tranche assessment. Of these, 40 were completed, with the Government’s response announced in 27 cases. Of the 27 scheduled reviews not yet completed, three are underway, a further three Acts are expected to be repealed without review and one review has been deferred on the basis that it will now be examined through a national process. The Commonwealth delayed reviews of five Acts, but commenced four third tranche reviews early. There are 20 reviews scheduled for completion in the period 19981999 and a further 10 for 1999-2000. Key reviews include: • • • • the Wallis review of the regulatory framework of Australia’s financial system; review of legislation governing the operation of Australia Post; tariff reduction programs for both the automotive and the textiles, clothing and footwear industries; aspects of the health industry legislation restricting the market for private health insurance; and Legislation Review Compendium • aspects of the Migration Act relating to student, business and visitor visas and registration of migration agents. 1.2 Abbreviations ABS AG ANZ ARPANSA COAG D DCITA DEH DETYA DEWRSB DFA DFAT DHA DHAC DIMA DISR DAFF DTRS DVA IC PMC RAS T TPA Australian Bureau of Statistics Attorney-General’s Department Australia New Zealand Australian Radiation Protection and Nuclear Safety Agency Council of Australian Governments Department of Defence Department of Communications, Information Technology and the Arts Department of the Environment and Heritage Department of Education, Training and Youth Affairs Department of Employment, Workplace Relations and Small Business Department of Finance and Administration Department of Foreign Affairs and Trade Defence Housing Authority Department of Health and Aged Care Department of Immigration and Multicultural Affairs Department of Industry, Science and Resources Department of Agriculture, Fisheries and Forestry Department of Transport and Regional Services Department of Veterans’ Affairs Industry Commission (now Productivity Commission) Prime Minister and Cabinet Rural Adjustment Scheme Treasury Trade Practices Act 1974 8 1 Commonwealth 1.3 Legislation review schedule: Commonwealth Updated to 31 October 1999 Description/Comment on review 1996 1996 Review scheduled Review complete Review/Reform progress Evatt Review complete, recommendations were taken into consideration when formulating Aboriginal and Torres Strait Islander Heritage Protection Bill 1998. Review underway. 1998 Name of legislation Agency Aboriginal and Torres Strait Islander Heritage Protection Act 1984 1996-97 1997-98 DEH Aboriginal Land Rights (Northern Territory) Act 1976 and Regulations PMC Affirmative Action (Equal Employment Opportunity for Women) Act 1986 DEWRSB Agricultural and Veterinary Chemicals Act 1994 1997-98 DAFF National Review. 1997-98 Review complete. Restrictions address issues still faced by women in today's workplace. Changes implemented include the establishment of an advisory board and a more simple reporting system. National review complete. A SCARM/ARMCANZ working group is considering the recommendations. Review deferred to allow for the implementation of Government commitments. Revised timing not yet finalised. Anti-dumping Authority Act 1988, Customs Act 1901 Pt XVB and Customs Tariff (Anti-dumping) Act 1975 Review brought forward to coincide with the broader Food Regulation Review. AG Australia New Zealand Food Authority Act 1991 DHAC 1998-99 1998 Review complete, recommendations awaiting Cabinet consideration. Review proposes regulatory functions be subject to a net public benefit test. National review complete. Recommendations under consideration. 9 Legislation Review Compendium Description/Comment on review 1996-97 1996-97 1998 1997 Review complete. Government considering recommendations. Review complete. Government did not accept all the review recommendations, and implemented its own reform package, to review in 2002-03. Review scheduled Review complete Review/Reform progress Name of legislation Agency Australian Maritime Safety Authority Act 1990 DTRS Australian Postal Corporation Act 1989 DCITA Bankruptcy Act 1966 and Regulations, and Bankruptcy (Registration Charges) Act 1997 trustee registration provisions Review will examine the effectiveness of the Act with respect to the impact of electronic commerce on the trading of money market securities. 1996 1996 1996 1998-99 1996-97 AG Review relates to the registration of private sector bankruptcy trustees, and commenced June 1998. 1997-98 Bills of Exchange Act 1909 T Review underway. Bounty (Books) Act 1986 DISR Review complete. Bounty ceased on 31 December 1997. Review complete. Ethanol Bounty Scheme terminated. Review complete. Bounty ceased on 30 June 1997. Originally scheduled for 1997-98. Deferred due to changes in the work program of the Productivity Commission, which is to undertake the review. Bounty (Fuel Ethanol) Act 1994 DISR Bounty (Machine Tools & Robots) Act 1985 DISR Broadcasting Services Act 1992, Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, Radio Licence Fees Act 1964 and Television Licence Fees Act 1964 DCITA 10 1 Commonwealth Description/Comment on review Review completed as part of the Small Business Deregulation Taskforce. 1996 1996 Review scheduled Review complete Review/Reform progress ABS required to reduce the cost of completing statistical returns by 20 per cent in 1996-97. Code of conduct for private sector statistical collection agencies. Review of Customs (Prohibited Imports) Regulations complete and amended to ensure maximum regulatory efficiency. Review of Commerce (Imports) Regulations delayed pending finalisation of new labelling requirements Name of legislation Agency Census & Statistics Act 1905 T Commerce (Imports) Regulations and Customs (Prohibited Imports) Regulations AG Corporations Act 1989 T Review subsumed into Corporate Law Economic Reform Program, which commenced March 1997. Review to assess the effect of the compliance cost burden on competitiveness, and the possible differential between large and small importers. IC Inquiry into the automotive industry. 1996-97 1997 1997-98 1996 Customs Act 1901 Sections 154161L AG Review underway. Customs Tariff Act 1995 Automotive Industry Arrangements AG Tariff phase down to 15% in 2000, followed by a pause until 2005, then further tariff reductions to 10% in 2005. 1996-97 1997 Review complete. TEXCO and Duty Drawback integrated into simplified and more accessible scheme - TRADEX. Customs Tariff Act 1995 - Schedule 4, Item 21, Treatment Code 421 Duty Drawback (Customs Regulations 129-136B) and TEXCO (Tariff Export Concession Scheme) AG 11 Legislation Review Compendium Description/Comment on review IC Inquiry into the textile, clothing and footwear industry. 1998-99 1999-2000 1996-97 1997 Review scheduled Review complete Review/Reform progress Tariff phase down until 2000, maintained until 2005, then further tariff reductions, with the aim of a free trade environment beyond 2010. Name of legislation Agency Customs Tariff Act 1995 - Textiles Clothing and Footwear Arrangements AG Dairy Industry Legislation DAFF Defence Act 1903 - Army and Airforce Canteen Services Regulations 1998-99 Terms of reference for review established June 1998. 1997-98 D Defence Force (Home Loans Assistance) Act 1990 D Defence Housing Authority Act 1987 D Following a broad internal review of Government business enterprises the Government announced that DHA would be retained under Government ownership. Disability Discrimination Act 1992 1999-2000 1998-99 1996 AG Dried Vine Fruits Legislation DAFF Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 1996-97 1997-98 DETYA Review complete. Act extended for a further two years to allow development of self regulating measures. Review de-listed, and provisions to be replaced by Reform of Employment Services Bill 1996. Review not required, Act to be repealed. The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA), once established will oversee the codes. Employment Services Act 1994 case management issues DETYA Environmental Protection (Nuclear Codes) Act 1978 DHAC Export Control Act 1982 - Export Control (Unprocessed Wood) Regulations DAFF 1999-2000 Originally scheduled for 1997-98. Deferred to allow for amendments that progressively remove export controls on unprocessed wood. 12 1 Commonwealth Description/Comment on review 1998-99 1998-99 Review scheduled Review complete Review/Reform progress Name of legislation Agency Export Control Act 1982 - fish, grains, dairy, processed foods etc DAFF Export Finance & Insurance Corporation Act 1991 and Export Finance & Insurance Corporation (Transitional Provisions and Consequential Amendments) Act 1991 1996 1997 DFAT Financial system – comprehensive review of the regulatory framework T The Wallis Inquiry examined the Australian financial system, making recommendations on regulatory change. Government announced package of reforms in September 1997. Financial Transactions Reports Act 1988 and Regulations 1998-99 1996-97 1999-2000 AG 1998-99 WA review framework used to facilitate common approach across jurisdictions. Review complete. Fisheries legislation DAFF Foreign Investment Policy and associated Regulations T Hazardous Waste (Regulation of Imports & Exports) Act 1989, Hazardous Waste (Regulation of Imports & Exports) Amendment Bill 1995 and also related Regulations 1998-99 DEH Health Insurance Act 1973 - Part IIA DHAC 13 Legislation Review Compendium Description/Comment on review 1997-98 1998 Review of Higher Education Financing and Policy (West Review) complete, and recommendations are awaiting Cabinet consideration. Proposed changes relate to the equal treatment of private and public institutions. Review underway. Terms of reference for review established March 1998. Review scheduled Review complete Review/Reform progress Name of legislation Agency Higher Education Funding Act DETYA 1988, Vocational Education and Training Funding Act 1992, and any other regulation with similar effects to the Higher Education Funding Act 1988 1999-2000 Act sets up the Imported Food Inspection Program to ensure imported foods are safe for consumption. 1996-97 1997-98 Home & Community Care Act 1985 DHAC Imported Food Control Act 1992 and Regulations DAFF Income Equalisation Deposits (Interest Adjustment) Act 1984 and Loan (Income Equalisation Deposits ) Act 1976 Review subsumed into major restructuring of industrial relations legislation. 1999-2000 1998-99 1996 DAFF Review complete. These schemes are to be replaced by the Farm Management Deposit Scheme to be introduced in 1998. Changes to structure for negotiating wages and conditions. Legislation replaced by the Workplace Relations Act 1996. Originally scheduled for 1997-98, delayed in light of Wallis report. Industrial Relations Act 1988 DEWRSB Insurance (Agents & Brokers) Act 1984 T Intellectual property protection legislation (Designs Act 1906, Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968 and possibly Circuit Layouts Act 1989) AG and DISR 14 1 Commonwealth Description/Comment on review This review has been combined with the review of International Air Services Commission Act 1992. This review has been combined with the review of International Air Service Agreements. 1996-97 1998-99 1997 1997-98 1996-97 Review scheduled Review complete Review/Reform progress Review by Productivity Commission underway. Name of legislation Agency International Air Service Agreements DTRS International Air Services Commission Act 1992 DTRS Review by Productivity Commission underway. International Arbitration Act 1974 AG Review complete. Act assessed as not restricting competition. Lands Acquisition (Northern DFA Territory Pastoral Leases) Act 1981, Lands Acquisition (Defence) Act 1968, and Lands Acquisition Act 1989 and Regulations 1998-99 Review combined with that for Migration Agents Registration (Application) Levy Act 1992 and Migration Agents Registration (Renewal) Levy Act 1992. 1996-97 1996-97 1997 Marine Insurance Levy 1909 AG Migration Act 1958 - Part 3 (Migration Agents and Immigration Assistance) and Regulations DIMA Review complete. Government accepted review findings and passed legislation in December 1997. Migration Act 1958 — sub-classes 120 and 121 (business visas) DIMA 1997 Review complete. Amendments, aimed at strengthening and streamlining the skilled entry programs, came into effect November 1997. 1996-97 1998 Review complete. Recommendations implemented to further deregulate student visa program without compromising the integrity of the immigration program. Migration Act 1958 — sub-classes 560, 562 and 563 (student visas) DIMA 15 Legislation Review Compendium Description/Comment on review 1996-97 Review scheduled Review complete Review/Reform progress Review deferred to allow full impact of visitor visa charges, introduced in the 1998 Budget, to take effect. 1997 Review complete. Government decision to move the migration advice industry to statutory self- regulation. Review underway, draft report being prepared by review group. National review complete, recommendations awaiting Governments’ consideration. Name of legislation Agency Migration Act 1958 — sub-classes 676 and 686 (tourist visas) Review combined with that for Migration Act 1958 - Part 3. 1996-97 DIMA Migration Agents Registration (Application) Levy Act 1992, and Migration Agents Registration (Renewal) Levy Act 1992 1997-98 National review under the auspices of the COAG Committee on Regulatory Reform. Included in national review of Food Regulation. 1998-99 1997-98 DIMA Motor Vehicle Standards Act 1989 DTRS Mutual Recognition Act 1992 DETYA and DISR National Food Authority Act 1991Food Standards Code DHAC New model Food Act being developed by the ANZ Food Authority. National review complete. Recommendations under consideration. 1997 Review complete. Government accepted most recommendations but some are subject to further investigation. Review terms of reference did not allow the IC to examine effect of community rating. National Health Act 1953 - Part 6 & Schedule 1, and Health Insurance Act 1973 - Part 3 DHAC Review included as part of IC inquiry into private health insurance. 1997-98 National Residue Survey Administration Act 1992 and related Acts DAFF National Residue Survey manages programs for chemical residues in many Australian agricultural food commodities. 1997-98 Review underway. Terms of reference for review established June 1998. 16 1 Commonwealth Description/Comment on review 1996-97 1997 Review scheduled Review complete Review/Reform progress Review complete. COAG has endorsed final report, but has requested that legislation be finalised before report is publicly released. Act extended to Jan 1999 to continue reform process. Name of legislation Agency National Road Transport Commission Act 1991 and related Acts DTRS Native Title Act 1993 and Regulations 1998-99 1996-97 1997 PMC 1999-2000 Navigation Act 1912 – except Part VI DTRS Nuclear Safeguards (Producers of Uranium Ore Concentrates) Charge Act 1993 and Regulations 1999-2000 DFAT Review complete. Government considering recommendations. Ozone Protection Act 1989 and Ozone Protection (Amendment) Act 1995 1996 DEH Patents Act 1990 – Sections 198202 Patent Attorney registration DISR Review complete. In February 1997, the Government announced it would make changes to the Act including broadening the range of experience for qualifications in patents and removed restrictions to practice in trademarks and designs. National review underway. Issues paper released in November 1999. Petroleum (Submerged Lands) Act 1967 DAFF 1999-2000 1997-98 Petroleum Retail Marketing Franchise Act 1980 DISR Review not required. Act to be repealed once the petroleum industry establishes an Oil Code and appropriate Code of Conduct. 17 Legislation Review Compendium Description/Comment on review 1997-98 Review scheduled Review complete Review/Reform progress Review not required. Act to be repealed once the petroleum industry establishes an Oil Code and appropriate Code of Conduct. Review underway. Terms of reference for review established June 1998. Submissions for public consultation closed October 1998. 1998 Review complete, recommendations awaiting Cabinet consideration. Name of legislation Agency Petroleum Retail Marketing Sites Act 1980 Legislation establishes the Australian Pork Corporation. 1996-97 1998-99 1999-2000 Legislation authorises the collection of statutory levies imposed on primary industries under separate legislation for specified purposes. Review brought forward for incorporation into the general review of proceeds of crime legislation. 1996 1999 1996-97 1997-98 1997-98 1997-98 DISR Pig Industry Act 1986 and Pig Industry (Transitional Provisions) Act 1986 DAFF Pooled Development Funds Act 1992 DISR Prawn Boat Levy Act 1995 DAFF Prices Surveillance Act 1983 T Primary Industries Levies Acts and related Collection Acts DAFF Review underway. Terms of reference established June 1998. Proceeds of Crime Act 1987 and Regulations AG Review underway. Terms of reference for review established April 1998. Protection of Movable Cultural Heritage Act 1986 DCITA Review complete. No Government response. Amendments to Act likely by 2000. Previous review of Act did not consider NCP issues. Further review scheduled. Review complete. Act assessed as not restricting competition. A second phase review will assess the best possible legislative framework for future human quarantine activity. Quarantine Act 1908 DAFF Quarantine Act 1908 in relation to human quarantine DHAC 18 1 Commonwealth Description/Comment on review 1996-97 Review scheduled Review complete Review/Reform progress Review is nearing completion. Draft report released May 1998. Completion date extended to accommodate spectrum licence auctions. 1997 Review complete. A range of other support schemes replaced RAS. Government decision included in ‘rural package’. Review complete. Name of legislation Agency Radiocommunications Act 1992 and related Acts 1996-97 DCITA Rural Adjustment Act 1992 and States and Northern Territory Grants (Rural Adjustment) Acts 1996-97 1998-99 DAFF Shipping Registration Act 1981 DTRS Spectrum Management Agency review of Spectrum's market-based reforms and activities. 1999-2000 DCITA Superannuation (Financial Assistance Funding) Levy Act 1993, Occupational Superannuation Standards Regulations Applications Act 1992, Superannuation (Resolution of Complaints) Act 1993,and Superannuation Industry (Supervision) Act 1993 Legislation regulates all fishing within the Australian jurisdiction of the Torres Strait Protected Zone, and authorises the collection of a research and development levy. 1996-97 1997-98 T To be reviewed in conjunction with other Superannuation legislation, review has been deferred due to changes in the regulatory environment. Torres Strait Fisheries Act 1984 and related Acts DAFF Review nearing completion, draft of the final report being considered by review group. Trade Practices (Consumer Product Information Standards) (Care for clothing and other textile products labelling) Regulations T 1997 Review complete. Government introduced a less prescriptive consumer product information standard. 19 Legislation Review Compendium Description/Comment on review 1997-98 1998 Review scheduled Review complete Review/Reform progress Review complete. Regulations replaced by Trade Practices (Consumer Product Information Standards) Amendment Regulations, requiring a list of ingredients and a nomenclature used by the United States and the European Union. Name of legislation Agency Trade Practices (Consumer Product Information Standards) (Cosmetics) Regulations T Trade Practices Act 1974 - fees charged 1999-2000 T 1999-00 Trade Practices Act 1974 - Part IIIA access regime (including exemptions) 1998-99 1999-2000 T Trade Practices Act 1974 - Part X (shipping lines) DTRS Trade Practices Act 1974 – section 2D exemptions (local government activities) Legislation provides for exemptions for a number of activities relating to intellectual property rights, employment Regulations, export arrangements, and approved standards from many of the competition laws contained within Part IV of the TPA. 1996-97 1997-98 T Trade Practices Act 1974 - sections 51(2) and 51(3) exemption provisions T Review complete, recommendations awaiting Cabinet consideration. Tradesmen’s Rights Regulation Act 1946 DEWRSB 1998 Review complete, recommendations awaiting Cabinet consideration. Review proposes repeal of the Act. 20 1 Commonwealth Description/Comment on review 1998-99 Review scheduled Review complete Review/Reform progress Name of legislation Agency Veterans’ Entitlement Act 1986 Treatment Principles (section 90) and Repatriation Private Patient Principles (section 90A) 1999-2000 DVA Wheat Marketing Act 1989 DAFF 21