2 New South Wales 2.1 Guide to the New South Wales legislation review schedule Legislation review NSW published a timetable of legislation appropriate for review in the NSW Government Policy Statement on Legislation Review (June 1996). Since 1996, NSW has added several pieces of legislation to its review schedule. In August 1997, NSW published guidelines entitled Consulting on Reform: A Consultation Framework for Review of Anti-Competitive Legislation. These guidelines establish a framework for agencies, to ensure reviews are conducted in an open and transparent manner, and public participation is facilitated. Proposals for new legislation are required to take account of competition policy requirements. To ensure that this occurs, all proposals for new legislation or amendments to existing statutes are reviewed by officials of the Cabinet Office. Inconsistencies are either referred back to the responsible Minister for further consideration or brought to the attention of Cabinet. The Government’s legislation review timetable is regularly reviewed by the Premier in consultation with other Ministers, in accordance with the Government’s overall policy agenda. Progress to 31 December 1998 New South Wales had scheduled 143 reviews for completion by the end of 1998. Of those, 60 reviews were complete and 65 underway. Of those reviews not yet completed, 17 were drafting final reports for Government consideration, two are now part of national review processes and three will be conducted jointly with Victoria. The Government has announced its response to 44 reviews, repealing 42 pieces of legislation. Five pieces of legislation are currently before the Parliament. Reform highlights include: • New South Wales’ Licence Reduction Program reviewed 250 licences between August 1995 and February 1997. Of the 85 licences identified for repeal, 72 have already been repealed. Proclamation of the remaining 13 repeals have been made contingent on the outcomes of other review processes including NCP reviews. New South Wales also made changes to reduce ‘red tape’ and provide for more certain and consistent decisions on development proposals. Legislation Review Compendium • In-principle agreement has been reached to remove the Rice Marketing Board’s current vesting arrangements subject to the acceptance of Commonwealth single desk export arrangements. Changes in the Environmental Planning and Assessment (Amendment) Act 1997 are intended to simplify procedures for obtaining approvals to projects such as construction of new buildings or commencement of businesses through a one stop shop process. Repeal of the Bread Act 1969 has removed the licensing requirements for bread manufacturers and also the restrictions on standard bread sizes, baking times and delivery times. New South Wales are addressing ahead-of-time several reviews scheduled to be completed in 1999-2000. Two reviews have been completed and have resulted in repeal of the related legislation and one other Act has also been repealed. One 1999-2000 review is currently underway and three others are being considered through a national process. • • • 2.2 Abbreviations A Ag AG COAG E Env F FT GR H IPART IR LG LWC MIA MR NCC NCP OH&S Po Pr PW Arts Agriculture Attorney-General Council of Australian Governments Energy Environment Fisheries Fair Trading Gaming and Racing Health Independent Pricing and Regulatory Tribunal Industrial Relations Local Government Land and Water Conservation Murrumbidgee Irrigation Area Mineral Resources National Competition Council National Competition Policy Occupational Health and Safety Police Premier Ports and Waterways 24 2 New South Wales PWS R SCAG SR SRD TAB Tpt Tr UAP Public Works and Services Roads Standing Committee of Attorneys-General Sport and Recreation State and Regional Development Totalizator Agency Board Transport Treasurer Urban Affairs and Planning 25 Legislation Review Compendium 2.3 Legislation review schedule: New South Wales Updated to 31 October 1999 Description/Comment on review Review complete Review/Reform progress Review underway, final report being prepared by review group. National review complete. A SCARM/ARMCANZ working group is considering the recommendations. Review complete. Name of legislation Agency Agricultural Tenancies Act 1990 Ag Review scheduled 1996-97 Agriculture and Veterinary Chemicals Act 1994 Ag 1996-97 Air Transport Act 1964 Tpt 1995-96 Animal Research Act 1985 Ag 1999-2000 1996-97 Apiaries Act 1985 Ag Regulates the rights of agricultural landowners, tenants and sharefarmers and provides for the determination of disputes by arbitration. Applies certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of NSW. Complementary to Commonwealth legislation. Prohibits, in certain circumstances, the carriage by aircraft of passengers or goods from one place to another within NSW, except if the Minister grants a licence. Amends certain Acts. An Act to protect the welfare of animals used in connection with animal research. Regulates the keeping of bees; requires and provides for the registration of beekeepers; prevents the introduction of, and to control and eradicate, certain diseases and pests which afflict bees and apiaries and provides for the payment of compensation to registered beekeepers in certain cases. Due date of review deferred until 19992000. Review underway, part of a generic review of all disease legislation. Linked to the development of an Animal and Plant Health Bill. 26 2 New South Wales Description/Comment on review Provides for the registration of architects and regulation of the practice of architecture. 1995-96 Review complete Review/Reform progress Name of legislation Agency Architects Act 1921 PWS Review scheduled 1995-96 Australian Jockey Club Act 1873 (1) and Sydney Turf Club Act 1943 (2) GR National review of legislation regulating architects commenced by Productivity Commission in November 1999. Statebased review commenced but terminated. Review completed. Banana Industry Act 1987 Ag (1) Extends period for which the trustees of Randwick Racecourse are enabled to grant leases and to enable members of the Australian Jockey Club to sue and be sued in the name of the Chairman. (2) Constitutes and incorporates the Sydney Turf Club and declares its objects, functions and powers and provides for associated matters. Constitutes the Banana Industry Committee (a statutory marketing authority) and links the compulsory grower charges to services provided by the committee. 1995-96 1998 1995-96 Boxing and Wrestling Control Act 1986 SR Review complete. The Government has agreed to: retain the Banana Industry Committee and its powers to provide industry service functions; remove some obsolete and unexercised powers of the Committee; and remove the Committee’s Transport Direction power. Review underway. Terms of reference approved by Premier. Bread Act 1969 IR Regulates the conduct of professional boxing; constitutes the Boxing Authority of NSW and defines its functions; regulates the conduct of wrestling and amateur boxing contests. Makes provisions in respect of times for the baking and delivery of bread, licensing of bread manufacturers, certification of operative bakers, standard bread size; constitutes a Bread Industry Advisory Council and amends other Acts. 1995-96 Review complete. Legislation repealed. 27 Legislation Review Compendium Description/Comment on review Makes provisions concerning the residential building industry and certain specialist work and to constitute the Building Services Corporation and define its functions. 1995-96 1995-96 1997-98 1996-97 Review complete Review/Reform progress Name of legislation Agency Building Services Corporation Act 1989 FT Review scheduled 1996-97 Business Franchise Licence (Petroleum Products) Act 1987 Tr Review underway. Legislative changes arising from the review have abolished the Building Services Corporation, privatised the compulsory insurance arrangements and abolished business licensing. Additional reforms to occupational licensing under consideration. Review complete. Legislation was repealed in December 1997. Review complete. Legislation was repealed in December 1997. Business Franchise Licence (Tobacco) Act 1987 Tr Business Licences Act 1990 Business Names Act 1962 FT FT Casino Control Act 1992 1996-97 Cattle Compensation Act 1951 Ag Review underway. Review underway, final report being prepared by review group. Review underway. Awaiting outcomes of Productivity Commission review of gambling industries. Review underway. Part of a generic review of all disease legislation. Chiropractors and Osteopaths Act 1991 H 1997-98 1999-2000 Review underway, final report being prepared by review group. Review may not be required. A revised censorship regime, supported by all jurisdictions, came into operation 1 January 1996. Classification (Publications Films and Computer Games) Enforcement Act 1995 AG Provides for the licensing of people carrying on the business of selling certain petroleum products. Provides for the licensing of people carrying on the business of selling tobacco. Relates to business licences. Makes provision with respect to the registration and use of business names. Establishes the Casino Control Authority, and issues exclusive licence for Sydney casino. Provides for the establishment of a Cattle Compensation Fund and for payment of compensation to owners of cattle and carcasses of cattle destroyed as suffering from disease. Regulates the practice of chiropractic and osteopathy and repeals the Chiropractic Act 1987. Provides for a classification scheme for publications, films and computer games. Complementary to Commonwealth legislation. 28 2 New South Wales Description/Comment on review Review complete Review/Reform progress Name of legislation Agency Coal Ownership (Restitution) Act 1990 (1) and Coal Acquisition Act 1981 (2) 1996-97 MR Review scheduled 1996-97 Commercial Agents and Private Inquiry Agents Act 1963 (1) Regulates the use of certain vessels and of certain motors for propelling vessels; provides for marking of load lines and the carriage of certain equipment by vessels. (2) Provides for the constitution of the Maritime Services Board of NSW and its powers. (3) Provides for the licensing of pilots. Provides for the regulation and inspection of construction work and consolidates the Acts controlling scaffolding and lifts. Regulates the provision of consumer credit. 1999-2000 1999-2000 1995-96 Po (1) Provides for the restitution of certain coal acquired by the Crown as a result of the Coal Acquisition Act 1981. (2) Vests all coal in the Crown. Provides for the licensing and control of commercial agents, private inquiry agents and their subagents. Commercial Vessels Act 1979 (1), Maritime Services Act 1935 (2) and Marine Pilotage Licensing Act 1971 (3) PW Construction Safety Act 1912 IR Consumer Credit (NSW) Act 1995 FT Review complete. Acts will be superseded by Coal Acquisition Amendment Act 1997. The Acts are likely to be repealed when the Coal Compensation Board is abolished. Review underway. Dealt with under Licence Reduction Program, but awaiting further consideration following Industrial Relations Commission inquiry. Complete. Dealt with under Licence Reduction Program. Ten licences and permits abolished from 2 February 1997 under the Regulatory Reduction Act 1996. The Marine Pilotage Licensing Act 1971 overlap with Commonwealth arrangements will be addressed through the National Marine Safety Regulatory Regime process agreed November 1997. Linked to review of Occupational Health and Safety Act 1983. Creates several certificates of competency, some have already been reviewed and removed under the Licence Reduction Program. National review underway. The Ministerial Council on Consumer Affairs is undertaking a post-implementation review of the Uniform Credit Code. COAG Committee on Regulatory Reform has endorsed terms of reference for review. 29 Legislation Review Compendium Description/Comment on review Issues paper being prepared. Review to examine “non-core” provisions outside those affected by the Cooperative Laws Agreement. Review underway. Discussion paper released. Review underway. Review underway. Review completed. Review complete Review/Reform progress Name of legislation Agency Co-operatives Act 1992 (1) and Cooperation Act 1923 (2) FT Review scheduled 1997-98 Council of Law Reporting Act 1969 1996-97 1999-2000 1996-97 AG 1998-99 Country Industries (Payroll Tax Rebates) Act 1977 SRD Credit (Finance Brokers) Act 1984 FT Dairy Industry Act 1979 Ag Dangerous Goods Act 1975 IR (1) Provides for the establishment of cooperatives and the regulation of their operations. (2) Amends the law relating to cooperation; provides for the formation, registration and management of cooperative societies. Constitutes a Council of Law Reporting to New South Wales and defines its powers, authorities, duties and functions. Allows rebates of pay-roll tax in respect of certain country manufacturing or processing industries. Relates to the conduct of business of finance brokers. Constitutes the NSW Dairy Corporation, which is responsible for the production, quality, supply and distribution of milk and the production, quality and storage of dairy products. Consolidates and amends the law relating to explosives and other dangerous substances. 1996-97 Draft national standard, relating to the storage and handling of dangerous goods, has been released for public comment. Legislative amendments involving the transport of dangerous goods commenced 20 April 1998 to give effect to the first module of reforms to national road transport law developed through the National Road Transport Commission. The proposed Dangerous Goods (General) Regulation was released for public comment. NCP review will commence after the current process is complete. 30 2 New South Wales Description/Comment on review Not commenced. Review complete Review/Reform progress Name of legislation Agency Dental Technician Registration Act 1975 H Review scheduled 1999-2000 Dentists Act 1989 1996-97 1997-98 H Constitutes the Dental Technicians Registration Board & defines its powers, authorities, duties and functions; makes provisions for the registration of dental technicians; regulates the qualifications for, and the effect of, registration. Regulates the practice of dentistry. 1995-96 Door to Door Sales Act 1967 FT Review underway. Report is being prepared. Review underway. Combined review with Fair Trading Act 1987. Dried Fruits Act 1939 Ag Controls and regulates certain agreements relating to the sale or bailment of goods and the provision of services on credit. Make provision for the regulation of the dried fruits industry and reconstitutes the NSW Dried Fruits Board. Driving Instructors Act 1992 R Provides for the licensing of driving instructors and repeals the Motor Vehicle Driving Instructors Act 1961. 1995-96 Legislation repealed on 15 December 1997. Consistent with prior resolutions of the Board, the Government decided to dissolve the Board; repeal the Act; immediately deregulate the dried vine fruit industry; & provide for transitional arrangements for the prune industry. The transitional arrangements involve the making of a Prune Industry Marketing Order under the Marketing of Primary Products Act. The marketing order expires on 31/12/99. Its main purpose is to constitute the Prune Industry Marketing Committee, which is to promote the smooth transition of the dried prune industry from a regulated to a deregulated industry. Review underway. 31 Legislation Review Compendium Description/Comment on review Legislation complies with Related Reforms Agreement for electricity. Review complete Review/Reform progress Name of legislation Agency Electricity (Pacific Power) Act 1950 E Review scheduled 1999-2000 Electricity Safety Act 1945 E 1999-2000 Planning joint review between Departments of Energy and Fair Trading. Electricity Supply Act 1995 E 1999-2000 Legislation complies with Related Reforms Agreement for electricity. Electricity Transmission Authority Act 1994 Establishes the Department of Energy, constitutes the Energy Corporation of NSW and defines its functions. 1995-96 E Provides for the constitution of the Electricity Commission of NSW defines its powers, authorities, duties and functions. Amends and repeals certain other Acts. Provides for the development of electricity supply; confers certain powers, authorities, duties and functions on the Energy Corporation of NSW; provides for the regulation of the sale and hiring of electrical apparatus and amends certain Acts. Regulates the supply of electricity in the wholesale and retail markets; sets out the functions of persons engaged in the conveyance and supply of electricity. Establishes the NSW Electricity Transmission Authority and defines its functions. 1999-2000 Energy Administration Act 1987 E Entertainment Industry Act 1989 IR 1999-2000 1995-96 Review unnecessary. Act repealed by s5 of Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998. Review complete. Licence and approval requirements repealed with proclamation of Electricity Supply Act 1995. Other provisions dealt with as part of structural reform of gas industry. Terms of reference are being finalised. Review complete. Dealt with under the Licence Reduction Program. Partially replaced by Contaminated Land Management Act 1997. Environmentally Hazardous Chemicals Act 1985 Env Relates to the regulation of the entertainment industry and amends and repeals certain legislation. Provides for the control of the effect on the environment of chemicals and chemical waste. Constitutes the Hazardous Chemicals Advisory Committee. 32 2 New South Wales Description/Comment on review Review complete Review/Reform progress Review underway. In conjunction with the review of the Non-Indigenous Animals Act. Review underway. Part of a generic review of all disease legislation. Part 3: Linked to current reviews of the Occupational Health and Safety Act. Part 4 (Trading Hours) and Part 6 (Hairdressers): Reviews underway. Name of legislation Agency Exhibited Animals Protection Act 1986 1996-97 1996-97 Ag Review scheduled 1997-98 Exotic Diseases of Animals Act 1991 Ag Factories, Shops and Industries Act 1962 IR Fair Trading Act 1987 FT 1997-98 Review underway. Combined review with Door to Door Sales Act 1967. Review underway. Review complete. Act repealed. Farm Debt Mediation Act 1994 Ag 1996-97 1995-96 1996-97 Farm Produce Act 1983 Ag Fertiliser Act 1985 Ag An Act with respect to the exhibition of animals at marine or zoological parks, circuses and other places. Provides for the detection, containment and eradication of certain diseases affecting livestock and other animals. Makes provisions with respect to the supervision and regulation of factories, shops and certain other industries and to the health, safety and welfare of employees; restricts trading hours; controls advertising and description of goods; regulates outdoor work in clothing trade; restricts hours of trade and labour; controls advertising; and creates licensing regime for hairdressers and prescriptive requirements for hairdressing premises. Regulates the supply, advertising and distribution of goods and services and, in certain respects, the disposal of interests in land. Makes provision for mediation concerning farm debts. Makes provision for the registration and regulation of farm produce merchants and farm produce agents. Provides for the registration of brand names for fertilisers and liming materials and regulates the sale of fertilisers, liming materials and trace element products. Review underway. Part of a generic review of all chemical residue legislation. Issues paper released. 33 Legislation Review Compendium Description/Comment on review Relates to the management of fishery resources. Review complete Review/Reform progress Name of legislation Agency Fisheries Management Act 1994 F Review scheduled 1999-2000 Food Act 1989 1997-98 H 1999-2000 Friendly Societies Act 1989 Tr Consolidates and amends the law relating to the preparation and sale of food. Provides for the formation, registration, management and regulation of friendly societies and to consequently appeal and amend certain other legislation. Enables Friendly Societies to operate pharmacies. 1996-97 1997-98 1997-98 Friendly Societies Dispensaries Enabling Act 1945 H Funeral Funds Act 1979 FT State-based review commenced, following Standing Committee on Fisheries and Aquaculture consideration of outcomes of scoping review undertaken in Western Australia. National review complete. Recommendations under consideration. Act repealed. Responsibilities for credit unions, building societies and friendly societies transferred to the Commonwealth Australian Prudential Regulatory Authority. Review complete. Act repealed and relevant provisions incorporated into Pharmacy Act 1964, which is part of the national review of pharmacy arrangements. Review underway. Terms of reference being finalised. Funeral Services Industry (Days of Operation) Act 1990 IR Gambling (Two-up) Act 1998 GR Gaming and Betting Act 1912 GR 1997-98 Gas Industry Restructuring Act 1986 E Controls and regulates contributory and pre-arranged funeral funds. Regulates the days of operation of businesses providing funeral, burial or cremation services. Act prescribes the rules of Two-up, and the circumstances under which it may be played, Consolidates Acts relating to games, wagers and betting houses, the restriction of race meetings and the licensing of race courses. Makes provision with respect to the supply and consumption of gas and the regulation of gas distributors. 1999-2000 Review complete and retention of restrictions justified as being in the public benefit. Review not required. Act repealed and replaced by Gambling (Two-up) Act 1998, Racing Administration Act 1998 and Unlawful Gambling Act 1998. Review unnecessary. National Gas Access Law and Code puts in place new regulating controls for gas distribution. 34 2 New South Wales Description/Comment on review Review underway. Commenced March 1999. Review complete Review/Reform progress Name of legislation Agency Government Guarantees Act 1934 Tr Review scheduled 1997-98 Grain Marketing Act 1991 1995-96 1996-97 1996-97 Ag 1997-98 Review underway. Report is under consideration. Review complete. Act repealed. Review complete. Act repealed. Report is under consideration. Hawkers Act 1974 FT Ag Homing Pigeons Protection Act 1909 Horticultural Stock and Nurseries Act 1969 1996-97 Ag Human Tissue Act 1983 H Review underway. Issues paper released. Review is examining the regulation of blood and blood products. Industrial Relations (IR) Act 1991 repealed & replaced with IR Act 1996. Regulation of employment agents was separated from IR Act into Employment Agents (EA) Act 1996. The EA Act may be reviewed in light of recent Commonwealth reforms to employment services. Industrial Relations Act 1991 FT Validates certain guarantees given to certain banks by the Treasurer or pursuant to Minutes of the Governor and Executive Council; authorises the Treasurer to execute certain guarantees in certain cases; makes certain contingent appropriations out of the Consolidated Revenue Fund and to amend certain Acts. Relates to the marketing of coarse grains and oilseeds and to constitute the NSW Grains Board. Provides for the licensing and control of hawkers. Provides for the protection of homing pigeons during flights. Provides for the registration of certain nurserymen and resellers of horticultural stock and regulates the sale or propagation of certain horticultural stock. Relates to the donation of tissue by living persons, the removal of tissue from deceased persons and the conduct of postmortem examinations of deceased persons. Restates and reforms the law concerning industrial relations. 1996-97 35 Legislation Review Compendium Description/Comment on review Review underway. Review complete Review/Reform progress Name of legislation Agency Innkeepers Act 1968 GR Review scheduled 1997-98 Land Development Contribution Act 1970 UAP To make provision with respect to certain rights and liabilities of innkeepers and persons having dealings with innkeepers. Levies a contribution in relation to certain 1997-98 land within the Sydney region. Legal Profession Act 1987 AG 1996-97 Review unnecessary. The Act was introduced to collect contributions from developers who benefit from rezoning. The Act has not been used to collect contributions for several years, and the subordinate legislation, which provided the power to collect contributions, has been repealed. The Act is likely to be repealed when the funds have been spent or allocated to other funds. Review complete. Report tabled in Parliament in November 1998. Library Act 1939 and Regulation 1995 A 1995-96 Review complete. Certification scheme abolished. E Amends the Local Government Act to make provision for approval and regulation of places of public entertainment and certain structures. Regulates the admission and practice of barristers and solicitors and repeals the Legal Practitioners Act 1898. Constitutes the Barristers Admission Board and Legal Practitioners Admission Board. Makes further provisions for the establishment, maintenance and management of libraries, library services and information services and creates certification scheme for librarians. Regulates the supply of gas. 1997-98 1995-96 Review complete. Repealed by the Gas Supply Act 1996. Review complete. Dealt with under the Licence Reduction Program. Licence retained, issues of public safety outweigh costs. Liquefied Petroleum Gas Act 1961 and Liquefied Petroleum Gas (Grants) Act 1980 Local Government (Theatre and Public Halls) Amendment Act 1989 LG 36 2 New South Wales Description/Comment on review To provide for Local Government in New South Wales. Review complete Review/Reform progress Name of legislation Agency Local Government Act 1993 LG Review scheduled 1997-98 Lord Howe Island Act 1953 and Regulation 1994 Lotteries and Art Unions Act 1901 An Act with respect to the conduct of lotteries, games of chance and art unions. 1999-2000 1999-2000 Env 1999 Partly dealt with under the Licence Reduction Program and the recent reform of planning laws. Restrictions on competition not addressed during the aforementioned processes will be addressed in this review to commence in 2000. Review underway. Not commenced. GR Lotto Act 1979, NSW Lotteries Act 1990 and Soccer Football Pools Act 1975 GR Marine Safety Act 1998 Marketing of Primary Products Act 1983 Ag 1997-98 Review not required. Acts were repealed and replaced by NSW Lotteries Corporatisation Act 1996 and Public Lotteries Act 1996. Some anti-competitive components of the former legislation dealt with under the licence reduction program. The remainder of NCP issues in the new Act still to be reviewed. Not commenced. Act will be reviewed when all marketing boards and marketing orders constituted under it have been separately reviewed. 1995-96 1995-96 Review complete. Review underway, final report tabled in Parliament. Further consultation required prior to Cabinet consideration. Meat Industry Act 1987 Ag Medical Practice Act 1992 H This Act repealed and consolidated: Commercial Vessels Act 1979; Maritime Services Act 1935; Marine Pilotage Licensing Act 1971; and Navigation Act 1901. Relates to the marketing of certain primary products and provides for the establishment of marketing boards in relation to certain of those products, and to enable the making of marketing orders. Constitutes the NSW Meat Industry Authority and provides for the regulation and control of the NSW meat industry. Provides for the registration of medical practitioners and medical students, the making of complaints and disciplinary action. 37 Legislation Review Compendium Description/Comment on review Review complete. Committee to be retained, but with removal of some industry functions and the narrowing of others to ensure greater accountability to constituent growers. Review complete Review/Reform progress Name of legislation Agency MIA Citrus Fruit Promotion Marketing Committee Ag Review scheduled 1996-97 MIA Wine Grapes Marketing Board Ag 1995-96 Mines Inspection Act 1901 (1) and Coal Mines Regulation Act 1982 (2) MR (1) 1996-97 (2) 19992000 Review complete. Wine Grapes Marketing Board vesting power to be extended until 31 July 2000 and then cease. Extension subject to constrained conditions. Review underway. Issues paper being developed. Mining Act 1992 1995-96 1996-97 MR 1995-96 Monopolies Act 1923 AG Review complete. Dealt with under the Licence Reduction Program. Review complete. Possible repeal. Review complete. Legislation changes made in 1999. Motor Accidents Act 1988 (1) and Motor Vehicles (Third Party Insurance) Act 1942 (2) AG Part of Marketing of Primary Products Act 1983, which relates to the marketing of certain primary products and provides for the establishment of marketing boards and enables the making of marketing orders. Constitutes the MIA Wine Grapes Marketing Board - a statutory marketing authority responsible for the marketing of MIA wine grapes and to represent the interests of growers. (1) Makes better provision for the regulation and inspection of mines, other than coal and shale mines, and regulates the treatment of the products of such mines. (2) Regulates coal mines (and oil shale and kerosene shale mines) and certain related places. Makes provisions with respect to prospecting for and mining minerals. Amends the law in relation to monopolies and restraint of trade. (1) Relates to the recovery of damages and compulsory insurance against liability for the death or injury of persons as a consequence of motor accidents. (2) Requires that owners & drivers of motor vehicles are insured against liability in respect of death or bodily injury; amends the Transport Act 1930 and the Compensation to Relatives Act 1987. 38 2 New South Wales Description/Comment on review Review complete. Report awaiting Cabinet consideration. Review complete Review/Reform progress Name of legislation Agency Motor Dealers Act 1974 No 52 (1) and Motor Vehicles Repair Act 1980 (2) FT Review scheduled 1996-97 Motor Vehicle Sports (Public Safety) Act 1985 1996-97 SR 1995-96 Review underway. Issues paper being prepared. Review underway. Joint review with Victoria. Review complete. Ag (1) Provides for the granting of licences to people carrying on the business of a motor dealer, an auto-dismantler, a wholesaler, a motor vehicle parts reconstruction, a car market operator or a motor vehicle consultant, or a prescribed business; requires the keeping of certain records; imposes certain obligations on motor dealers; provides for the settlement of disputes and establishes a motor dealers compensation fund. (2) Constitutes the Motor Vehicle Repair Industry Council and confers on it licensing functions concerning repair businesses and tradesman and loss assessors. Makes provision for the control and regulation of meetings for motor vehicle racing. Makes provision for a joint NSWVictorian scheme for marketing citrus fruit. 1997-98 1997-98 1995-96 Ag Ag Review complete. Review complete. Dealt with under the Licence Reduction Program. Murray Valley Citrus Marketing Act 1989 - (complementary to Victorian Murray Valley Citrus Marketing Act) Murray Valley Wines Grapes Industry Development Committee Murray Valley Wines Grapes Industry Negotiating Committee National Parks and Wildlife Act 1974 Constituted under the Marketing of Primary Products Act 1983. Constituted under the Marketing of Primary Products Act 1983. Consolidates and amends the law relating to the establishment, preservation and management of national parks, historic sites and certain other areas and the protection of certain fauna, native plants and aboriginal relics. Env 39 Legislation Review Compendium Description/Comment on review Not commenced. Will need to be a national review. Review complete Review/Reform progress Name of legislation Agency National Rail Corporation (Agreement) Act 1991 1999-2000 1997-98 Tpt Review scheduled 1996-97 Navigation Act 1901 PW Non Indigenous Animals Act 1987 Ag Review not required. Act repealed and replaced by Marine Safety Act 1998. Review underway. Noxious Weeds Act 1993 1997-98 1997-98 1995-96 Ag 1996-97 Review complete. Report under consideration. Nurses Act 1991 Nursing Homes Act 1988 H H Occupational Health and Safety Act 1983 IR Approves and gives effect to an agreement between NSW, the Commonwealth and other States relating to the National Rail Corporation Ltd. Consolidates the Acts relating to navigation. Controls and regulates the introduction into the State of certain species of animals and the movement and keeping of those animals within the State. Provides for the identification, classification and control of noxious weeds. Regulates the practice of nursing. Provides for the licensing and control of nursing homes. To secure the health, safety and welfare of persons at work and to amend certain other Acts. 1999-2000 Review underway. Review underway. Terms of reference for review established. The OH & S Act has been the subject of several reviews, with a view to making a consolidated OH & S regulation. Competition issues to be addressed in drafting new regulation. Optical Dispensers Act 1963 H Optometrists Act 1930 H Makes provision for the licensing of optical dispensers; regulates the qualifications and the effect of such licensing; provides for the constitution of an Optical Dispensers Licensing Board and defines the powers and functions of that Board. Provides for the registration of optometrists and regulates the practice of optometry. 1996-97 Review complete. Final report under consideration. 40 2 New South Wales Description/Comment on review Review complete. Dealt with under the Licence Reduction Program. Review complete Review/Reform progress Name of legislation Agency Ozone Protection Act 1989 Env Review scheduled 1995-96 Parking Space Levy Act 1992 Tpt Review complete. Act assessed as not restricting competition per se. Partnerships Act 1892 AG Empowers the regulation and prohibition of the manufacture, sale, distribution, use, emission, recycle, storing and disposal of stratospheric ozone depleting substances and articles that contain those substances. To discourage car use in business districts 1996-97 by imposing a levy on off-street parking and using the revenue to develop infrastructure and encourage the use of public transport. To declare and amend the law of 1998-99 Partnership. Regulates public transport services. 1997-98 Passenger Transport Act 1990 Tpt H 1999-2000 1999-2000 Pathology Laboratories Accreditation Act 1981 Pawnbrokers and Second Hand Dealers Act 1996 FT National issues, as legislation largely restates the common law. This Act will be examined following consideration of the Tasmanian review of similar legislation. Review underway. Buses segment: complete, and contestability for privately operated services being phased-in; completion by 1 January 2000. Taxi/Hire Cars segment: IPART conducting inquiry for report in 1999. Ferry segment: yet to commence. Review complete. Act expected to be repealed in 1999. Review commenced. Terms of reference approved. 1995-96 Review underway. State Heads of Treasury have commenced a national review of compliance arrangements associated with payroll tax. The Victorian Government is providing the Secretariat. Payroll Tax Act 1971 Tr Provides for the accreditation of Pathology Laboratories. Provides for the licensing of pawnbrokers and dealers in certain classes of second hand goods. Repeals and amends certain Acts. Imposes a tax upon employers in respect of certain wages and provides for the assessment and collection of the tax. 41 Legislation Review Compendium Description/Comment on review Controls the sale, supply, use and possession of pesticides, the application of pesticides from aircraft and provides for the prevention of foodstuff contamination. 1995-96 1995-96 Review complete Review/Reform progress Name of legislation Agency Pesticides Act 1978 Env Review scheduled 1995-96 Petroleum (Onshore) Act 1991 MR Petroleum (Submerged Lands) Act 1982 1997-98 1997-98 MR Petroleum Products Subsidy Act 1965 Tr Review complete. Dealt with under the Licence Reduction Program. However, Part 7 of the Act is currently being subject to further review in the context of a generic review of several Acts dealing with chemical residues. Review complete. Dealt with under the Licence Reduction Program. Some parts dealt with under the Licence Reduction Program. National review underway. Issues paper released in November 1999. Review not required. The Act is expected to be repealed. National review underway, discussion paper released. Pharmacy Act 1964 H Physiotherapists Registration Act 1945 H Regulates the search for, and mining of, petroleum. Relates to the exploration for, and exploitation of, petroleum resources and certain other resources adjacent to the coast of NSW. Implements a Commonwealth scheme for the subsidisation of fuel transport costs in rural areas. Regulates the carrying on of the business of a pharmacist; authorises friendly societies and trading and rural societies established under the Co-operation, Community Settlement and Credit Act 1923 to carry on the business of a pharmacist in certain circumstances. Amends relevant Acts. Makes provision for the registration of physiotherapists; regulates the qualifications and effect of such registration; provides for the constitution of a Physiotherapists Registration Board and defines the powers and functions of that Board. 1997-98 Review underway. Issues paper has been released. 42 2 New South Wales Description/Comment on review Relates to the construction, operation and maintenance of pipelines. 1996-97 Review complete Review/Reform progress Name of legislation Agency Pipelines Act 1967 E Review scheduled 1996-97 Plant Diseases Act 1924 Ag Review underway. General review has identified some minor restrictions on competition. Issues Paper released for public consultation Review underway. Part of a generic review of all disease legislation. Podiatrists Act 1989 H 1996-97 Not commenced. Poisons Act 1966 H 1995-96 National review underway. Expected completion June 2000. Ports Corporatisation and Waterways Management Act 1995 PW Makes further provisions to prevent the introduction into NSW of diseases and pests affecting plants and fruit, to provide for the eradication of such diseases and pests, and to prevent their spread. Also makes certain provisions regarding the sale and grading of fruit and cotton plants. Regulates the practice of podiatry; makes provisions for the registration of podiatrists and regulates the qualifications for and the effect of such registration; constitutes the Podiatrists Registration Board and specifies its functions. Regulates, controls and prohibits the sale and use of poisons, restricted substances, drugs of addiction and certain dangerous drugs and establishes a Poisons Advisory Committee. Establishes statutory state-owned corporations to manage the State’s port facilities on major ports; transfers waterways management and other marine safety functions to the Minister; establishes the Waterways Authority and provides for port charges, pilotage and other marine matters. 1999-2000 43 Legislation Review Compendium Description/Comment on review Review underway. Final paper being prepared by review group. Review complete. Considered within the review of the Meat Industry Authority. Review complete Review/Reform progress Name of legislation Agency Poultry Meat Industry Act 1986 Ag Review scheduled 1996-97 Poultry Processing Act 1969 Ag 1996-97 Prevention of Cruelty to Animals Act 1979 Prices Regulation Act 1948 1996-97 1996-97 1997-98 1998-99 Ag 1999-2000 FT Prickly Pear Act 1987 Ag Constitutes the Poultry Meat Industry Committee and defines its functions and regulates and controls the poultry growing industry. Provides for the registration of plants in which poultry is processed for sale and to make provisions for the regulation and control of these plants. Provides for the prevention of cruelty to animals. Makes provision for the regulation of prices and rates of certain goods and services. Provides for the control and destruction of Prickly Pear. Private Hospitals and Day Procedures Centres Act 1988 Professional Standards Act 1994 H AG Review complete. Measures to implement review recommendations are under consideration. Review complete, Act repealed. Provisions now listed under the Noxious Weeds Act 1993. Review underway. Issues paper being prepared. Terms of reference being developed. Property, Stock and Business Agents Act 1941 Psychologists Act 1989 FT 1996-97 1996-97 H Provides for the licensing and control of day procedure centres. Provides for the limitation of liability of members of occupational associations in certain circumstances and to facilitate the improvement of the standards of services provided by those members. Regulates real estate, stock and station, business and managing agents. Makes provision for the registration of psychologists; regulates the qualifications for the effect of such registration and constitutes the Psychologists Registration Board and specifies its functions. Review underway, final report being prepared by review group. Review complete. Final report awaiting Cabinet consideration. 44 2 New South Wales Description/Comment on review Review complete Review/Reform progress Review underway. Treasury is finalising a public benefit test for the statutory borrowing and investment control components of the new omnibus legislation. A green paper was released and submissions received. Review underway. Issues paper has been released. Review complete. New Act in place. Review underway. Name of legislation Agency Public Finance and Audit Act 1983 (1) and Public Authorities (Financial Arrangements) Regulations 1997 (2) Tr Review scheduled 1995-96 Public Health Act 1991 1995-96 1998-99 Establishes the Public Trustee as a corporation empowered to conduct personal trust work. The Acts establish controlling bodies for these race codes. 1998-99 1995-96 H 1997-98 Public Notaries Act 1985 AG (1) Makes provision with respect to the administration and audit of public finances. (2) Makes provisions with respect to certain financial arrangements and investments of public authorities; constitutes the NSW Capital Works Financing Corporation. Regulates the funeral industry, skin penetration, microbial control and other matters. Provides for appointment, enrolment and disciplinary procedures for Public Notaries Public Sector Management (Goods and Services) Regulation 1995 Public Trustee Act 1913 PWS AG Racing Administration Act 1998, Bookmakers Taxation Act 1917, Greyhound Racing Control Board Act 1985, Harness Racing Act 1977 and Thoroughbred Racing Board Act 1996 Radiation Control Act 1990 1995-96 GR Review complete. Legislation was rejected by Parliament. Other measures to implement review recommendations are under consideration. Review underway and an Issues paper released. Env Rail Safety Act 1993 Tpt 1999-2000 1995-96 Dealt with under the Licence Reduction Program. A national review of radiation control legislation may have implications for this Act. Review underway. Review complete. Act to be repealed. Recreation Vehicles Act 1983 Env Makes provision for the regulation and control of the sale, use, keeping and disposal of radioactive substances and radiation apparatus. To promotes the safe construction, operation and maintenance of railways. Regulates the off-road use of motor vehicles. 45 Legislation Review Compendium Description/Comment on review Review underway. Review complete Review/Reform progress Name of legislation Agency Registered Clubs Act 1976 (1) and Liquor Act 1982 (2) GR Review scheduled 1996-97 Residential Tenancies Act 1987 (1) and Landlord and Tenant (Rental Bonds) Act 1977 (2) FT (1) 1997-98 (2) 1996-97 Review underway. Review has been expanded to include related general residential tenancies legislation. Final report being prepared by review group. Restraints of Trade Act 1976 AG 1995-96 1997-98 Review complete. Possible repeal. Review not required. Retail Leases (Amendment) Act 1998 assented to by Governor in December 1998. Retail Leases Act 1994 SRD (1) Makes provisions with respect to the registration of clubs and their rules and management. (2) Regulates the sale and supply of liquor and regulates the use of premises at which liquor is sold. (1) Relates to the rights and obligations of landlords and tenants under residential tenancy agreements; makes provision with respect to excessive rent increases and rents; confers functions onto the Residential Tenancies Tribunal of NSW with respect to landlords and tenants. Repeals and amends certain Acts. (2) Constitutes a Rental Bond Board; confers and imposes certain powers, authorities, duties and functions on the Board; requires lessors of residential premises to deposit rental bonds with the Board; provides for the paying out of rental bonds and enabled the investment of rental bonds and the investment and expenditure of rental bonds. Provides for Supreme Court action based on applications against activities, which create restraints of trade. Makes provision with respect to the leasing of certain retail shops and the rights and obligations of lessors and lessees of those shops. 46 2 New South Wales Description/Comment on review Review underway, final report being prepared by review group. Review complete Review/Reform progress Name of legislation Agency Retirement Villages Act 1989 FT Review scheduled 1996-97 Rice Marketing Board Ag Relates to the termination of occupation rights of residents in retirement villages and confers jurisdiction over certain matters relating to retirement villages, on the Residential Tenancies Tribunal. The NSW Rice Marketing Board 1995-96 markets, or arranges to market, the annual rice crop in its role as the sole statutory marketing body for rice. Roads Act 1993 1996-97 1996-97 R 1997-98 Review complete. Legislative arrangements maintained to 2004, with review in 2000. Government concluded that the current rice industry arrangements generated a net public benefit. The benefits from the current export arrangements were seen to significantly exceed the costs borne by domestic consumers and the economy. Not commenced. Rural Assistance Act 1989 Ag Rural Lands Protection Act 1989 Ag Review underway. Final report under consideration. Review underway. Rural Workers Accommodation Act 1969 IR 1996-97 Not commenced. Act to be reviewed concurrently with new OH&S regulation. Security (Protection) Industry Act 1985 Po Makes provision with respect to the roads of NSW. Repeals certain Acts. Constitutes the NSW Rural Assistance Authority. Establishes Rural Lands Protection Districts and associated boards that levy and collect rates, provide animal health services, and control noxious weeds and animals. Provides for the accommodation of rural workers and constitutes the Rural Workers Accommodation Advisory Council. Creates certificate of compliance for accommodation. Provides for the licensing and regulation of persons carrying on, or employed in, the business of providing security and protection for persons or property. 1995-96 Review complete. Act has been repealed and replaced by the Security Industry Act 1997. 47 Legislation Review Compendium Description/Comment on review Review complete Review underway. Review/Reform progress Review underway. Issues paper released. Name of legislation Agency Seeds Act 1982 1997-98 1998-99 1997-98 Ag Review scheduled 1996-97 Small Business Loans Guarantee Act 1977 SRD Standard Time Act 1987 AG State Development and Industries Assistance Act 1966 SRD Review unlikely as a national approach to day light saving has been rejected. Review underway. Stock (Chemical Residues) Act 1975 Ag 1996-97 Review underway. Part of a generic review of all chemical residue legislation. Issues paper released. Stock Diseases Act 1982 Ag 1996-97 Review underway. Part of a generic review of all disease legislation. Stock Foods Act 1940 Relates to medicines for stock and other animals for the purposes of enhancing the quality of agricultural production, protecting the environment and safeguarding the health of stock and other animals. Ag Regulates the sale of seeds and prohibits the sale of certain seeds and plants. Authorises the execution of guarantees for the repayment of loans made to certain small businesses. Relates to standard time and daylight saving in NSW. Constitutes the Minister administering the Act as a corporation sole and confers certain powers on that sole relating to the establishment, expansion and development of certain industries and to the acquisition of land. To prevent the slaughter for human consumption of stock which contain certain concentrations of residues of chemicals or which are otherwise chemically affected and to prevent stock from becoming chemically affected. Relates to diseases in stock and repeals the Stock Diseases (Tick) Act 1901 and the Stock Diseases (Tick) Amendment Act 1915. Regulates the sale of food for stock. 1996-97 1996-97 Stock Medicines Act 1989 Ag Review underway. Part of a generic review of all chemical residue legislation. Issues paper released. Review underway. Part of a generic review of all chemical residue legislation. Issues paper released. 48 2 New South Wales Description/Comment on review Review to commence. Review not required. Acts repealed and replaced by Strata Schemes Management Act 1996. Review complete Review/Reform progress Name of legislation Agency Strata Schemes Management Act 1996 FT Review scheduled 1999-2000 Strata Titles Act 1973 and Strata Titles (Leasehold Development) Act 1986 FT Superannuation Administration Act 1996 Tr Surveyors Act 1929 SG Provides for the management of strata schemes and the resolution of disputes in connection with strata schemes. Acts replaced by Strata Schemes 1999-2000 Management Act 1996, which provides for the management of strata schemes and the resolution of disputes in connection with strata schemes. Provides for trustees for State public sector superannuation schemes and the provision of investment and administration services for such schemes. Constitutes the Superannuation Administration Authority of NSW. Provides for the registration of surveyors 1995-96 of land, regulates the making of surveys. 1996-97 Swine Compensation Act 1928 Ag Review not required. Legislation to corporatise the Superannuation Administration Authority will largely address residual competition issues and clarify the need for any formal legislative review. Review underway. Issues paper for review being finalised. Some delay has occurred as a result of a transfer of Ministerial responsibility for this legislation. Review underway. Part of a generic review of all disease legislation. Sydney Market Authority Act 1968 Ag Provides for the establishment of a Swine Compensation Fund and for payment of compensation to owners of pigs and carcasses of pigs destroyed as suffering from disease. Constitutes the Sydney Market Authority and to define its powers, authorities, duties and functions and to vest certain property in the Authority. 1996-97 Review not required. Act repealed. 49 Legislation Review Compendium Description/Comment on review Review underway. Review complete Review/Reform progress Name of legislation Agency Theatres and Public Halls Act 1908 AG Review scheduled 1999-2000 Therapeutic Goods and Cosmetics Act 1972 H Provides for the licensing and regulation of theatres and public halls and of places used for public entertainment or public meetings, and the licensing and regulation of the holding of public entertainment and public meetings in temporary structures. Regulates the manufacture, distribution and advertising of certain therapeutic goods and imposes standards in relation to certain therapeutic goods and cosmetics. 1995-96 Prohibits the advertising of tobacco and tobacco products, trade marks, brand names and logos. 1995-96 1999-2000 1999-2000 1995-96 Tobacco Advertising Prohibition Act 1991 H Tobacco Leaf Stabilisation Act 1976 Ag Review complete. Act repealed. Provisions relating to cosmetics not reenacted. Licences for wholesalers of therapeutic goods eliminated. Remaining provisions incorporated into Poisons Act 1966 and Therapeutic Goods Act 1972. Review complete. Act repealed. Advertising restrictions were minimised and incorporated into the Public Health Act 1991. Review complete. Act repealed. Totalizator Act 1916 GR Totalizator (Off-Course Betting) Act 1964 GR Makes provisions with respect to the stabilisation of the tobacco leaf industry. Amends and consolidates the law as it relates to the conduct of totalizators and the regulation of totalizator betting. Makes provision with respect to offcourse betting by means of the totalizator system; provides for the conduct of sweepstakes in respect of certain events; establishes a Totalizator Agency Board and defines its powers, authorities, duties and functions. Review not required. Act repealed and replaced by Totalizator Act 1997, privatising the TAB. Review not required. Act repealed and replaced by Totalizator Act 1997, privatising the TAB. 50 2 New South Wales Description/Comment on review Review complete Review/Reform progress Name of legislation Agency Tow Truck Act 1989 Tpt Review scheduled 1995-96 Trade Measurement Act 1989 FT 1995-96 Review not required. Act repealed and replaced by Tow Truck Act 1998, and new regulatory scheme being developed. NCP review will commence after 6 months operation of new scheme. Terms of reference for national review are currently being determined. Queensland is the lead reviewer. Not commenced. Traffic Act 1909 1997-98 1995-96 R 1997-98 Travel Agents Act 1986 Consolidates and amends the law relating to the restrictions, liabilities, privileges and powers of trustee companies. FT Provides for a licensing and certification scheme for tow truck drivers and operators, regulates other matters and constitutes the Tow Truck Industry Council. Relates to trade measurement in NSW as part of the scheme for uniform trade measurement legislation throughout Australia. Provides for the regulation of vehicles and of vehicular and pedestrian traffic. Provide for the licensing of travel agents and the regulation of their operations. Trustee Companies Act 1964 AG Unhealthy Building Act 1990 Env 1996-97 National review underway; coordinated by Western Australia. Issues paper released June 1999. New uniform trustee companies legislation drafted by Standing Committee of Attorneys-General. Review underway with NSW as lead agency. New uniform trustee companies legislation drafted by Standing Committee of Attorneys-General. Review underway with NSW as lead agency. Review complete. Dealt with under the Licence Reduction Program. Unlawful Gambling Act 1998 GR Provides for the declaration of certain land as unhealthy building land and for the effect of such a declaration. Covers the criminal provisions relating to gambling. Provides for the registration of real estate valuers; regulates the qualifications for and the effect of such registrations and confers and imposes functions on the Property Services Council. Valuers Registration Act 1975 FT 1996-97 Review not required. As there is no legal market, Act does not restrict competition per se. Review underway, final report prepared by review group. 51 Legislation Review Compendium Description/Comment on review Review underway, final report being prepared by review group. Review complete Review/Reform progress Name of legislation Agency Veterinary Surgeons Act 1986 (1) and Stock (Artificial Breeding) Act 1985 (2) Ag Review scheduled 1997-98 Waste Disposal Act 1970 Env 1995-96 Review unnecessary. Repealed and replaced by the Waste Minimisation and Management Act 1995. Waste Minimisation and Management Act 1995 Wheat Marketing Act 1989 1996-97 1995-96 Env 1999-2000 Not commenced. National review scheduled for 2000. Review complete. Act repealed. Ag White Phosphorous Matches Prohibition Act 1915 IR Wool, Hides and Skins Dealers Act 1935 Po (1) Regulates veterinary surgeons and premises, defines acts to be performed by vets, establishes the Veterinary Surgeons Board and disciplinary procedures, controls delegation of duties, and regulates advertising and use of the title ‘Veterinary Surgeon’. (2) Repeals the Stock (Artificial Insemination) Act 1948 and makes provisions with respect to the artificial breeding of stock. Provides for the constitution of a corporation to be called the ‘Metropolitan Waste Disposal Authority’; confers and imposes on the corporation responsibilities, powers, authorities, duties and functions with respect to the transport, collection, reception, treatment, storage and disposal of waste within the Metropolitan Waste Disposal Region. Relates to the management, regulation and reduction of waste. Relates to the marketing of wheat and other grains. Complements Commonwealth legislation. Prohibits the use of white phosphorus in the manufacture of matches and prohibits the sale of matches made with white phosphorous. Regulates the buying and selling of wool, hides and skins. 1995-96 Review underway. Report under consideration by Government. 52