4 Queensland 4.1 Guide to the Queensland legislation review timetable Legislation review The Queensland Government published its legislation review schedule in June 1996. Changes since then have generated a review program which now covers 114 separate Acts and associated Regulations. Queensland uses a Public Benefit Test Plan (PBTP) to scope the nature and structure of all reviews. Terms of reference for the review are determined, and issues/discussion papers prepared; generally for medium to major reviews. Interested parties are consulted and the review papers – excluding information that is commercial-in-confidence – are publicly available. Queensland also uses a reduced review process where there is minimal restriction on competition, or the Government policy position is clear and not likely to change. In this case there is targeted consultation (where appropriate) and analysis based on clause 5(1) of the CPA. The review results are publicly available. Progress to 31 December 1998 Queensland had 68 reviews scheduled for completion by the end of December 1998. Of these, 31 reviews were complete and a further 24 were currently underway. Of those underway, six were nearing completion, one Act was to be repealed and three were to be addressed by national review. There are 13 reviews yet to be commenced. The Government had responded to the recommendations of 26 reviews and repealed 23 pieces of legislation. Reform highlights include: • Reforms to the Chicken Meat Industry Committee Act 1976 provide for individual growers to negotiate directly with processors outside of legislative collective bargaining arrangements. The Brisbane Marketing Authority is proposed for corporatisation. Advertising controls have been reduced and commercial controls removed in regulations governing Health and Medical Practitioners (separate review for Pharmacy and Optometry pending). • • The updated information provided Queensland is in the form of its NCP Annual Report, listed in alphabetical order of the agency responsible for administering the review. Legislation Review Compendium 4.2 Abbreviations The following abbreviations are used in Queensland legislation review schedule. ABB CILGP COAG CS E EFT EPA ES ETIR FYCC H HO J ME MR NCP NR P&C PBT PI PW SMA T ToR TR TSR Australian Barley Board Communication and Information, Local Government and Planning Council of Australian Governments Corrective Services Commission Education Equity and Fair Trading Environmental Protection Agency Emergency Services Employment, Training and Industrial Relations Family, Youth and Community Care Health Housing Justice Mines and Energy Main Roads National Competition Policy Natural Resources Premier and Cabinet Public Benefit Test Primary Industries Public Works Statutory Marketing Transport Terms of reference Treasury Tourism, Sport and Racing 78 4 Queensland 4.3 Legislation review schedule: Queensland Updated to 3 November 1999 Review Model Review Comments Date of Review Reform Progress Name of Legislation Agency Status Review Name Date Review Completed Building Act 1975 CILGP Standard Building Law & Building Regulation 1991 Review of Building Legislation To be Determined 1998/1999 Yet to begin Local Government (Harbour Town Zoning) Act 1990 To be Determined 1998/1999 CILGP Review of Local Government (Harbour Town) Legislation Yet to begin Local Government (Planning and Environment) Act 1990 Reduced NCP Review The legislation scheduled for review was the Local Government (Planning and Environment) Act 1990. The department addressed NCP issues in the ATI Cabinet Submission for the proposed Integrated Planning Bill and has shown that it does not restrict competition. CILGP Review of Integrated Planning Bill Completed 1996/1997 10/1997 NCP review confirmed that the new Integrated Planning Act 1997 is far less prescriptive than that the Act it replaces and merely sets up a planning framework. Local Government Act 1993, City of Brisbane Act 1924 Department Review CILGP Local Government Finance Standard 1994 Review of Local Government Legislation Underway Major review for ferries issue. Minor review for remaining matters. 1997/1999 Local Government Laws Department Review CILGP Process and program for review of Local Govt legislation are in place. Local Government Amendment Act 1997 received assent May 97. Applies NCP requirements to Local Govt. 1997/1999 Review of Local Government Laws Underway 79 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Sewerage and Water Supply Act 1949 CILGP Sewerage and Water Supply Regulation 1987 & Standard Water and Sewerage Laws Review of Sewerage and Water Supply Legislation To be Determined Act administered jointly with Department of Natural Resources 1997/1998 Yet to begin Corrective Services Act 1988 To be Determined The draft Corrective Services Legislation Amendment Bill 1999 has been tabled in Parliament. The policy objectives were approved by Cabinet in February 1999. The Bill seeks to abolish the Queensland Corrective Services Commission and the Government Owned Corporation Queensland Corrections. The amendments also establish the Corrective Services Authority Council and provide for a new head of power for the new Department of Corrective Services. The Bill amends the Corrective Services (Administration) Act 1988. It is expected that the legislation in its new form will be reviewed in light of NCP during 1999. Initial discussions with Legislation Review Taskforce occurred on 8 October 1999. 1996/1997 CS Corrective Services (Administration) Act 1988 Review of Corrective Services Legislation Underway Education (Capital Assistance) Act 1993 Reduced NCP Review E A formal review was not undertaken. The restriction related to affiliation will be resolved through proposed legislative amendment which will require schools to be listed (but not affiliate) with a group. Remaining issue was subjected to further analysis and was determined not to be restrictive. 1998/1999 06/1998 Act is to be amended to remove the requirement for affiliation as a condition for accessing funds. Review of Education Capital Assistance Legislation Completed Education (General Provisions) Act 1989 E Education (General Provisions) Regulation 1989 Department Review This review has been brought forward to coincide with a general policy review of the legislation. Review of proposed new legislation pertaining to the establishment, registration and accountability of non-State schools will be completed in conjunction with the review of the Education (General Provisions) Act 1989. Review expected to be finalised 8/99 (?). 1998/1999 Review of Education General Provisions Legislation Underway 80 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Education (Overseas Students) Act 1996 Department Review Short form completed on recent amendments and this approach will be adopted for review of the Act. 1998/1999 E Review of Overseas Student Legislation Underway Education (Teacher Registration) Act 1988 E Education (Teacher Registration) Regulation 1989 & Board of Teacher Registration By-laws 1989 Review of Teachers Registration Legislation Department Review 1998/1999 Underway Grammar Schools Act 1975 Department Review Further consultation with Education will be necessary in 1999 prior to consideration by Cabinet. The main issue is that if certain provisions (e.g. being subject to Statutory Bodies Financial Arrangements Act) are repealed thus separating Grammar Schools from Govt, Grammar Schools lose title to land and have no govt guarantee over loans. Their ability to borrow for expansion would be curtailed. Grammar Schools will be looking to be given title to school land to enable them to borrow. [Dept to confirm status and wording] 1997/1998 09/1997 E NCP aspects of review effectively completed, but yet to be considered by Cabinet. Review of Grammar Schools Act Underway Higher Education (General Provisions) Act 1989 To be Determined E Review of Higher Education General Provisions Act Draft Scope This review will coincide with a general policy review of the legislation. 1999/2000 81 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name University Legislation To be Determined Separate but similar Acts along the lines of the University of Southern Queensland Act 1989 and University of Southern Queensland (Investment) Statute 1993 are in place for each Qld university, namely: Central Queensland University, Queensland University of Technology, James Cook University (NQ), University of Queensland, Griffith University and Gold Coast University College. Review will cover all such legislation including University of Sunshine Coast legislation passed in 1998 under gatekeeping arrangements. 1999/2000 E Review of Universities Legislation Yet to begin Auctioneers and Agents Act 1971 Targeted Public Legislation will be replaced by the Property Agents and Motor Dealers' Bill which is the subject of legislation review prior to consideration by Cabinet. A version of the Bill (that is now being revised) was considered by the Coalition government but was not enacted. Review to be completed and Bill expected to be considered by Cabinet by end 1999. 1996/1997 EFT Auctioneers and Agents Regulation 1986 Review of Property Agents and Motor Dealers Legislation Underway Business Names Act 1962 Reduced NCP Review EFT Although the legislation is common to all states, a national review is not contemplated. Queensland's review will take account of interstate legislation review exercises. 1998/1999 Business Names Regulation 1986 Review of Business Names Legislation Yet to begin Co-operative and Other Societies Act 1967 EFT Co-operative and Other Societies Regulation 1968 Review of Co-operatives Legislation Joint Jurisdictional Completed A formal review was not undertaken in Queensland. New Co-operatives Act is based on work and NCP justification undertaken by Victoria as a national scheme of regulation. New legislation enacted 1 September 1997. Act replaces existing Cooperatives and Other Societies Act and Primary Producers Co-operative Associations Act. 1996/1997 04/1997 New Act providing for a national scheme of regulation has been enacted. 82 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Credit Act 1987 To be Determined National review of the Uniform Consumer Credit Code will be undertaken after post implementation review of the legislation is complete. NCP review will occur in 1999/2000. Review of Qld's Credit Act 1987 and regulations will occur at that time, but under a separate review process (confirm this with DEFT). 1997/1998 EFT Credit Regulations 1988 Review of Credit Legislation Yet to begin Fair Trading Act 1989 To be Determined 1997/1998 EFT Fair Trading Regulation 1989 Review of the Fair Trading Legislation Yet to begin Funeral Benefit Business Act 1982 Department Review 1997/1998 EFT Funeral Benefit Business Regulation 1989 Review of Funeral Benefit Business Legislation Draft Scope Hawkers Act 1984 Reduced NCP Review Restrictive provisions may be repealed. Short form report currently being developed to assess alternative reform options available. EFT 1997/1998 Hawkers Regulation 1994 Review of Hawkers Legislation Underway Hire Purchase Act 1959 To be Determined EFT May be reviewed in concert with the Credit Act and the Uniform Consumer Credit Code. 1998/1999 Review of Hire Purchase Act Yet to begin Invasion of Privacy Act 1971 Reduced NCP Review EFT Draft short form report has been received by Treasury for comment. A number of issues such as impact of Freedom of Information are being considered. 1998/1999 Invasion of Privacy Regulations 1986 Review of Invasion of Privacy Act Underway 83 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Land Sale Act 1984 Reduced NCP Review The department is finalising the review report, as at the end of March 1999. 1996/1997 EFT Land Sale Regulation 1989 Review of Land Sale Legislation Underway Loan Fund Companies Act 1982 To be Determined Similar legislation exists in NSW but is not set down for review. Possibly a reduced NCP review could occur as no loan fund companies are currently operating under the Act. 1998/1999 EFT Review of Loan Fund Companies Act Yet to begin Mercantile Act 1867 Reformed without Review Completion of review requirements confirmed on 10 December 1998 with letter to Department of Equity and Fair Trading. 1998/1999 EFT 08/1998 Provisions previously identified as restrictions on competition have been repealed or contained within other legislation timetabled for review. Review of Mercantile Act Completed Mobile Homes Act 1989 To be Determined NCP issues are relatively minor and will be addressed as part of a general review of the Act. EFT 1997/1998 Mobile Homes Regulation 1994 Review of Mobile Homes Legislation Draft Scope Partnership (Limited Liability) Act 1988 To be Determined EFT Both the Partnership Act and Partnership (Limited Liability) Act will be reviewed together. 1998/1999 Partnership (Limited Liability) Regulation 1993 Review of Partnership Legislation Underway Partnership Act 1891 To be Determined EFT Both the Partnership Act and Partnership (Limited Liability) Act will be review together. 1998/1999 Review of Partnership Act Underway 84 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Pawnbrokers Act 1984 Targeted Public Combined with review of Second-hand Dealers legislation. A working group has been formed following requests from the Qld Policy Service to increase the reporting requirements. It is preferable to incorporate the NCP review as part of this process. 1997/1998 EFT Pawnbrokers Regulation 1984 Review of Pawnbrokers and Secondhand Dealers Legislation Draft Scope Primary Producers Co-operative Associations Act 1923 EFT Primary Producers Co-operative Association Regulation Review of Cooperatives Legislation Joint Jurisdictional A formal review was not undertaken in Queensland. New Co-operatives Act is based on legislative work and NCP justification undertaken by Victoria as a national scheme of regulation. Act contains only minor NCP issues. New legislation enacted 1 September 1997. Act replaces existing Cooperatives and Other Societies Act and Primary Producers Co-operative Associations Act. 1996/1997 04/1997 Completed New Act providing for a national scheme of regulation has been enacted. Profiteering Prevention Act 1948 To be Determined EFT 1998/1999 Review of Profiteering Prevention Act Yet to begin Queensland Building Services Authority Act 1991 EFT Queensland Building Services Authority Regulation 1992 & Queensland Building Services Authority Policy 1995 Review of Queensland Building Services Authority Legislation Department Review Yet to begin Consultation with Builders Licensing Australia indicates that a national review of builders and trade contractor licensing provisions is not feasible. The proposed amendments to give effect to general industry reforms were the subject of an ATI Cabinet Submission and NCP justification in July 1999 in parallel with consultation on proposed Bills. The scheduled review of the legislation is yet to begin. 1997/1998 85 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Residential Tenancies Act 1994 Targeted Public A public benefit test was undertaken in March 1998. The PBT supported the retention of the Act's statutory monopoly over the administration of rental bonds. Cabinet agreed to the review recommendations. 1996/1997 04/1998 EFT Provisions subjected to NCP review retained without change. Residential Tenancies Regulation 1995 Review of Residential Tenancies Legislation Completed Retirement Villages Act 1988 Reduced NCP Review Draft Bill released for public consultation some considerable time ago, but results required further consideration of various issues. The revised Bill was presented to Cabinet in July 1999 and was supported by NCP justification. Certain changes were made to the Bill in Parliament. 1996/1997 07/1999 EFT Retention of entry requirements for village operators; business conduct requirements more stringent but provide greater clarity for operators and residents; statutory charge requirements less stringent than current legislation. Retirement Villages Regulation 1989 Review of Retirement Villages Legislation Completed Sale of Goods Act 1896 To be Determined 1998/1999 EFT Sale of Goods (Vienna Convention) Act 1986 Review of Sale of Goods Legislation Yet to begin Second-hand Dealers and Collectors Act 1984 EFT Second-hand Dealers and Collectors Regulation 1994 Review of Second-hand Dealers Legislation Draft Scope Targeted Public Combined with review of Pawnbrokers legislation. A working group has been formed following requests from the Qld Policy Service to increase the reporting requirements. It is preferable to incorporate the NCP review as part of this process. 1997/1998 Security Providers Act 1992 EFT Targeted Public Working group formed after requests from Qld Police Service to increase reporting requirements. NCP review to form part of this process. 1997/1998 Security Providers Regulation 1995 Review of Security Providers Legislation Draft Scope 86 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Trade Measurement Act 1990 National Review National review has been agreed to by CRR, SCOCA and the sub-committee for Trade Measurement. Queensland to take lead jurisdiction role. Terms of reference are being 1998/1999 EFT Trade Measurement (Administration) Act 1990 Review of Trade Measurement Legislation Underway established. Travel Agents Act 1988 National Review National Review is being undertaken under the co-ordination of Western Australia. Consultant appointed 11/98. Issues Paper released in 6/99. 1997/1998 EFT Travel Agents Regulations 1988 National Review of Travel Agents Legislation Underway Beach Protection Act 1968 EPA Coastal Management Control Districts Regulation 1994 Review of Beach Protection Legislation Reduced NCP Review Review supported retention of provisions which do not materially restrict competition and are in the public interest. Review report made available to the public. No issues raised in response. NCC provided with report in February 1999. 1998/1999 Completed 11/1998 Provisions subjected to NCP review retained without change. Canals Act 1958 Reduced NCP Review EPA Review supported retention of provisions which do not materially restrict competition and are in the public interest. Review report made available to the public. No issues raised in response. NCC provided with report in February 1999. 1998/1999 11/1998 Provisions subjected to NCP review retained without change. Canals Regulation 1992 Review of Canals Legislation Completed Coastal Protection & Management Act 1995 Reduced NCP Review EPA Review of Coastal Protection Act Completed Review supported retention of provisions which do not materially restrict competition and are in the public interest. Review report made available to the public. No issues raised in response. NCC provided with report in February 1999. 1998/1999 11/1998 Provisions subjected to NCP review retained without change. 87 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Contaminated Land Act 1991 Act subsumed within the Environmental Protection Act 1994 in 1997 without any increase in restrictions on competition. The EP Act is scheduled for review in 1998/99. For further details refer to EP Act entry. 1996/1997 EPA Contaminated Land Regulation 1991 Review of Environmental Protection Legislation Draft Scope Environmental Protection Act 1994 Targeted Public Review will incorporate Environmental Protection Policies and Regulations passed under gatekeeping arrangements in 1997/98, as well as contaminated land provisions which have been subsumed within this Act. Draft Terms of Reference and PBT Plan being revised by EPA for submission by end September 1999 to Treasury for endorsement. 1998/1999 EPA EP (Interim) Regulation 1995 Review of Environmental Protection Legislation Draft Scope Harbours (Reclamation of Land) Regulation 1979 EPA Marine Land (Dredging) By-Laws under the Harbours Act 1955 (sections 91-93) Review of Harbours Land Reclamation Regulation Reformed without Review No review was proposed unless ongoing extension of the operations of the restrictive provisions is necessary. Provisions currently expire on 1 July 1999. No review required. Not for review 1997/1998 09/1998 Provisions sunset on 1 July 1999. Nature Conservation Act 1992 EPA Nature Conservation Regulation 1995 and Conservation Plans Review of Nature Conservation Legislation Reduced NCP Review Completed Short Form analysis completed in December 1998. Review outcomes have been publicly notified and targeted consultation has been undertaken in January 1999 with subsequent additional analysis of community comments. NCC to be advised of outcome following completion of review. 1998/1999 07/1999 Provisions subjected to NCP review retained without change. 88 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Queensland Heritage Act 1992 Reduced NCP Review Review justified retention of provisions on public interest grounds. Review report has been made available to the public. No issues raised in response. NCC provided with report in February 1999. 1998/1999 12/1998 EPA Provisions subjected to NCP review retained without change. Queensland Heritage Regulation 1992 Review of Heritage Legislation Completed Ambulance Service Act 1991 To be Determined Discussions are being held with QES and Ambulance Services on the nature and extent of review. Ambulance Services are currently preparing an issues paper. 1998/1999 ES Review of Ambulance Service Act Draft Scope Fire Services Act 1990 Reduced NCP Review Reduced PBT review draft report being perused. 1998/1999 ES Review of Fire Services Act Underway Private Employment Agencies 1983 ETIR Private Employment Agencies Regulation 1989 To be Determined 1998/1999 Review of Private Employment Agency Legislation Yet to begin Trading (Allowable Hours) Act 1990 To be Determined ETIR The recent Queensland Industrial Relations Commission decision not to extend Sunday trading hours was appealed. The appeal was subsequently unsuccessful with the Industrial Court making its ruling in July 1999. NCP review was deferred until these processes had been completed. 1998/1999 Trading (Allowable Hours) Regulation 1994 Review of Trading Hours Legislation Yet to begin 89 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Vocational Education, Training and Employment Act 1991 ETIR Vocational Education, Training and Employment Regulation 1991 Review of Vocational Education, Training and Employment Legislation To be Determined Minor review carried out on proposed new VET legislation (two Bills) with a view to undertaking a full review in 18 months once State and Commonwealth changes have taken effect and impacts can be more accurately defined. These Bills were proposed under the previous Government, but no action has been taken by the present State Government to proceed with these Bills. 1998/1999 Yet to begin WorkCover Qld Act 1997 Targeted Public The legislation originally scheduled for review were the Workers' Compensation Act 1990 and Workers' Compensation Regulation 1992. The 1996 Queensland Government endorsed the recommendations of the Kennedy Inquiry into Workers' Compensation arrangements in Queensland which includes the retention of the current monopoly accident insurance arrangements for three years with a further review at the end of that time. 1999/2000 ETIR Review of WorkCover Act Draft Scope Workplace Health and Safety Act 1995 ETIR Workplace Health and Safety Regulations 1995 and 1997 Review of Workplace Health and Safety Act 1995 and Regulation 1997 Department Review Underway The Act and 1997 Regulation will be reviewed concurrently in accordance with approved PBT Plan and ToR. An overall framework has been developed for examining the Act and the 1997 Regulation and 1995 Regulation. 1998/1999 90 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Workplace Health and Safety Act 1995 ETIR Workplace Health and Safety Regulations 1995 and 1997 Review of Workplace Health and Safety Regulation 1995 Department Review The 1995 Regulation will be reviewed, (and as required) remade and transferred to the 1997 Regulation with NCP requirements being addressed when these activities occur. Review was originally scheduled for 1996/97 but an overall framework has been developed for examining the Act and the 1997 Regulation and 1995 Regulation. 1996/1997 Underway Child Care Act 1991 FYCC Child Care (Child Care Centres) Regulation 1991 & Child Care (Family Day Care) Regulation 1991 Review of Child Care Legislation Department Review Draft report under consideration in February 1999. Department advised that the Minister responsible for the legislation has established a forum to examine all aspects of child care legislation (e.g. considering a less prescriptive approach) in consultation with a wide cross section of stakeholders. Therefore, the NCP review report is somewhat redundant. NCP will be addressed as part of the forum's deliberations. 1997/1998 02/1999 Underway Cremation Act 1913 Reformed without Review H Decision taken by department to repeal the restrictive provisions without a formal NCP review. 1996/1997 12/1998 Anti-competitive provisions were repealed in late 1998 following departmental examination of the legislation. Cremation Regulation 1987 Review of Cremation Legislation Repealed Fluoridation of Public Water Supplies Act 1963 H Fluoridation of Public Water Supplies Regulation 1964 Review of Fluoridation of Public Water Supply Legislation Reformed without Review Repealed Decision taken by Department to repeal the restrictive provisions without formal NCP review. 1996/1997 09/1997 Anti-competitive provisions were repealed in late 1997 following departmental examination of the legislation. 91 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Food Act 1981 H Food Hygiene Regulations 1989, Food Standards Regulation 1994 Review of Food Legislation National Review Three reviews: Model Food Act; Food Hygiene 1999/2000 Standards; and Food Regulations. The Food Regulation examined as a national review (the Blair Review) under NCP. Review complete. RIS is being revised for proposed changes to the Food Act. This legislation was listed as "Not proposed" for state-based review in Queensland Legislation Review Timetable. Underway Health Act 1937 National Review Review of drugs, poisons and controlled substances provisions in the Health (Drugs and Poisons) Regulation 1996 under Part 4 of the Health Act 1937. CRR has agreed to a national review process. Terms of review finalised at the end of March 1999. 1998/1999 H Review of Health (Drugs and Poisons) Regulation 1996 Underway Health Act 1937 Department Review Review of relevant provisions in the Health (Nursing Homes) Regulation 1982 under Part 3, Division 5 of the Health Act 1937. Department has examined Commonwealth's Aged Care Act 1997 to determine its impact on this legislation. Current legislation lapsed on 1 July 1998 and it is proposed that Cabinet consider in due course new legislation which provides a negative licensing scheme. H 1996/1997 03/1997 Restrictive provisions dealing with nursing homes expired on 1 July 1998. This followed a departmental examination of the legislation. Review of Health (Nursing Homes) Regulation 1982 Completed 92 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Health Act 1937 Targeted Public Review of relevant provisions in the Health (Private Hospitals) Regulation 1978 under Part 3, Division 4 of the Health Act 1937. The Private Health Facilities Bill will replace existing Regulation under Health Act that was scheduled for review. Review has justified retention of licensing regime in the interests of patient wellbeing and rejected the formal adoption of planning controls. The Government considered the new Bill in August 1998 (ATP submission) and in August 1999 (ATI submission). Cabinet approved preparation of a new Bill in August 1998. Completed review report was forwarded to Treasury in February 1999. Summary of final review report to accompany Cabinet Submission proposing introduction of the Bill. 1996/1997 04/1998 H Review of private hospitals' legislation has justified retention of a licensing regime in the interests of patient wellbeing. The review rejected the formal adoption of planning controls. Bill endorsed by Cabinet and introduced into Parliament in August 1999. Review of Health (Private Hospitals) Regulation 1978 Completed Health Act 1937 Reduced NCP Review Terms of Reference and PBT Plan were finalised early in 1999. Consultation undertaken with stakeholders early 99. Reduced PBT report to be produced. H 1997/1998 Review of Hyperbaric Chamber Therapy under Part 6 of Health Regulation 1996 Underway Health Act 1937 H Targeted Public Review of relevant provisions in Parts 10 and 12 of the Health Regulation 1996 under Part 4, Division 7 of the Health Act 1937. Review finished but formal sign off yet to occur. 1997/1998 10/1999 Retention of licensing of pest management technicians is proposed with licensing criteria based on national competency standards. Review of Pest Management under Parts 10&12 of the Health Regulation 1996 Completed Health Act 1937 H Proposal to adopt Commonwealth legislation. Any review should be a national review. 1997/1998 Queensland Health Minister has approved proposal to adopt the Commonwealth legislation. Review of Therapeutic Goods under Part 16 of the Health Regulation 1996 Not for review 93 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Health Act 1937 Targeted Public Review of relevant provisions in Parts 5 and 15 of the Health Regulation 1996 under the Health Act 1937. 1997/1998 10/1999 H Proposes two tier risk based individual business operator licensing model to replace premises based regulation. Skin Penetration, Beauty Therapy, Hairdressing Review under Health Regulation 1996 Completed Health Practitioner Registration Acts Targeted Public Stage 1 of review examined generic issues. That review is complete. Stage 2 will examine as separate reviews: Pharmacy as a national review; ownership controls for Optometry; certain restrictions in dental profession; and restrictions on core practice across professions. 1996/1997 05/1998 H For the 12 Acts and associated subordinate legislation reviewed: registration/licensing provisions have been retained; some titles continue to be reserved; commercial controls removed apart from Pharmacy and Optometry as these will be subject of separate reviews; considerable lessening of advertising controls. Professional Standards and Registration Boards Administration Bills have been endorsed by Cabinet but have yet to be debated in Parliament. Profession-specific registration Bills are being drafted. Review of Health and Medical Practitioner Registration Acts Completed Health Practitioner Registration Acts Targeted Public A second-stage Health Practitioner Legislation review, not individually scheduled in Queensland Legislation Review Timetable. Review limited to examination of ownership and related restrictions. Review recommends repeal of ownership and optical dispensing provisions, and the adoption of statutory offence provisions to address undue influence by owner over employee optometrist to act in unprofessional manner to achieve commercial imperatives. H 1998/1999 07/1999 Review of ownership restrictions completed but yet to be considered by Cabinet. Review of Ownership Restrictions under the Optometrists Act 1974 and By-Law 1984 Completed Health Practitioner Registration Acts H National Review Review of relevant provisions under Part 4 of the Pharmacy Act 1976. A second-stage Health Practitioner Legislation review, not individually scheduled in Queensland Legislation Review Timetable. National review underway, discussion paper released. 1998/1999 Review of Ownership Restrictions under the Pharmacy Act 1976 and By-Laws 1984 Underway 94 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Health Practitioner Registration Acts Targeted Public A second-stage Health Practitioner Legislation review, not individually scheduled in Queensland Legislation Review Timetable. Review addresses restrictions on practice of chiropractic, osteopathy, medicine, occupational therapy, pharmacy, physiotherapy, podiatry, psychology and speech pathology. 1998/1999 H Review of Restrictions on Practice in Health Practitioner Legislation Underway Health Practitioner Registration Acts Targeted Public A second-stage Health Practitioner Legislation review, not individually scheduled in Queensland Legislation Review Timetable. Terms of Reference and PBT Plan have been finalised. The PBT is expected to be undertaken in the first half of 1999. 1998/1999 H Review of Restrictions on Practice under the Dental Act 1971 and By-Law 1988 Underway Health Services Act 1991 H Health Services (Public Hospitals Fees and Charges) Regulation 1992 Review of Public Hospitals Fees and Charges in Health Services Regulation 1992 Reformed without Review Department decided that the anti-competitive provisions would be repealed (Current legislation titled Health Services Regulation 1992). Repealed 1996/1997 07/1997 Anti-competitive provisions were repealed in 1997 following departmental examination of the legislation. Mental Health Act 1974 Reformed without Review H No formal NCP review was undertaken. Health and Justice Departments have jointly examined this matter and have determined that the restrictions will be repealed. 1997/1998 12/1998 The anti-competitive provisions will be repealed under the Guardianship and Administration Bill that is being developed by the Department of Justice. Review of Mental Health Act Completed Nursing Act 1992 To be Determined H 1998/1999 Nursing By-Law 1993 Review of Nursing Legislation Yet to begin 95 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name State Housing Act 1945 and State Housing (Freeholding of Land) Act 1957 HO State Housing Regulation 1986 and Interest Rate Orders Review of the State Housing Legislation Department Review Revised draft PBT plan submitted September 1999. Minor amendment required prior to approval. 1996/1997 Draft Scope Legal Practitioners Act 1995 To be Determined Broad review of contemporary issues in legal profession commenced in December 1998 with release of discussion paper. NCP issues such as conveyancing will be addressed in review. NCP will be taken into account in development of legislative proposals flowing from the review. Initial discussions on review issues have occurred. Review expected to be completed by end 1999 or early 2000. 1998/1999 J Review of Legal Practitioners Act Underway Queensland Law Society Act 1952 J Queensland Law Society Rule 1987, Queensland Law Society (Indemnity) Rule 1987 & Continuing Legal Education Rule Review of Queensland Law Society Legislation To be Determined Indemnity Rule proposed by NCC for national review. Now to be reviewed by State in conjunction with other QLS legislation. Broad review of legal profession in Qld commenced with release of discussion paper in December 1998. NCP issues including indemnity insurance will be addressed in legislative development flowing from review. Initial discussions on review issues have occurred. Review expected to be completed by end 1999 or early 2000. Underway 1998/1999 Trustee Companies Act 1968 To be Determined J A draft uniform trustee companies Bill has been developed by the Standing Committee of Attorneys-General. Any anti-competitive provisions will be examined prior to seeking introduction of the Bill. While there has been no recent discussions with department, it is expected the review will be completed by the end of 1999 or early 2000. 1997/1998 Review of Trustee Companies Act Underway 96 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Coal Industry (Control) Act 1948 Reformed without Review Act repealed without formal NCP review. 1996/1997 12/1997 ME The Act has been repealed following departmental examination of the legislation. Orders under Coal Industry (Control) Act 1948 Review of Coal Industry Legislation Repealed Electricity Act 1994 Department Review Part of the broader CoAG electricity reform process. A separate legislation review exercise has not been undertaken. Following amendments to the legislation to give effect to the CoAG reforms, several provisions remaining in the legislation have been identified as potentially restricting competition. These aspects are currently being examined under NCP, as at the end of March 1999. 1996/1997 ME Three tranches of significant amendments to the Act were passed and changes made to the Regulation as part of the reforms. These legislative amendments during 1997 gave effect to CoAG reforms including the establishment of a National Electricity Market. Electricity Regulation 1994 Review of Electricity Legislation Underway Explosives Act 1952 NCC supported removal of legislation from review timetable on the basis that the provisions are in the public interest and are not for the purpose of restricting competition. 1998/1999 ME Legislation is moving in the direction of national standards and has been modernised recently. Explosives Regulation 1955 Review of Explosives Legislation Not for review Gas Act 1965 ME Targeted Public Part of the broader CoAG gas reforms and includes a fundamental review of Gas and Petroleum legislation. A Discussion Paper outlining the department's position on key policy issues was released in February 1999. New legislation is expected to be considered by Parliament by the end of 1999. A PBT will be undertaken to analyse those proposed legislative reforms which are restrictive and not directly linked to CoAG. Expected date for review is 9/99. 1996/1997 Gas Regulations 1989 Review of Gas and Petroleum Legislation Underway 97 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Gas Suppliers (Shareholdings) Act 1972 Department Review The restriction limits the level of ownership of shares in a nominated gas supplier and has only ever related to one company. In July 1998, the proclamation under the Act expired, removing that company from the protection of the Act. Consideration is being given to repeal of the Act in 1999. 1997/1998 ME Review of Gas Suppliers Shareholding Act Yet to begin Liquid Fuel Supply Act 1984 NCC supported removal of Act from review timetable on the grounds that the legislation is in place to serve the public interest in terms of controlling liquid fuel usage in times of shortage or emergencies. Provisions have never been used. 1997/1998 ME Review of Liquid Fuel Supply Act Not for review Transport Infrastructure Act 1994 Department Review Assessment of various NCP issues for Main Roads, comprising: full review of limitations on services able to be provided at access points to limited-access main roads; and short-form reviews of policies underlying road-side advertising restrictions and delivery of Main Roads work by local government. MR 1998/1999 Various modal-specific Regulations Review of Main Roads Restrictions in Transport Infrastructure Legislation Underway Gladstone Area Water Board Act 1984 Department Review NR Urban Water Board legislation, that was listed jointly with Water Resources legislation, will be reviewed separately. Department has advised that the restrictive provisions may no longer be required, and these will be the subject of consultation with industry. 1997/1999 Review of Gladstone Area Water Board Act Underway Land Act 1994 NR Targeted Public Cabinet will be asked to consider the review report in October 1999. 1996/1997 05/1999 Review completed but yet to be considered by Cabinet. Review of Land Act Completed 98 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Metropolitan Water Supply and Sewerage Act 1909, and Sewerage and Water Supply Act 1949 To be Determined Review is part of broader water reform agenda. Discussion paper on regulation of provision of water services to be released for consultation by mid 1999. 1997/1999 NR Standard Sewerage and Water Supply Laws Review of Water Supply Legislation Underway South East Queensland Water Board Act 1979, and Townsville/Thuringowa Water Supply Board 1987 To be Determined Part of broader CoAG water reform agenda. New institutional reforms for each Board are being pursued with likely repeal of existing Acts. Draft proposal for a South East Queensland Water Board Incorporation Facilitation Bill 1999 has been developed for consideration by Cabinet prior to the end of 1999. 1997/1999 NR Review of SouthEast and Townsville/Thuringowa Water Board Legislation Underway Surveyors Act 1977 Targeted Public A new legislative framework has been developed. Review completed November 1997. Review supported retention of regulation of cadastral surveyors. Revised proposal calls for removal of certain anti-competitive provisions. Mutual recognition implications have been considered. Issues subject to consideration by Cabinet Committee. Cabinet is likely to consider a Submission in the mid to later part of 1999. NR 1996/1997 11/1997 Surveyors Regulations 1992 Review of Surveyors Legislation Underway Valuers Registration Act 1992 Department Review NR Formal sign off on review report is yet to occur. Review found that in medium to long term deregulation is likely to deliver net public benefit but in the short term there would be a risk to infrequent users of valuers. 1996/1997 10/1999 Retention of licensing proposed with five year review. Valuers Registration Regulation 1992 Review of Valuers Registration Legislation Completed 99 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Water Resources Act 1989 NR Water Resources (Watercourse Protection) Regulation 1993, Water Resources (Rates and Charges) Regulation 1992 Review of Water Resources Legislation To be Determined Part of broader CoAG water reform agenda. Discussion paper on modules for new legislation are progressively being released for discussion. Draft revised legislation is due to be released for consultation late in 1999. 1997/1999 Underway South Bank Corporation Act 1989 P&C South Bank Corporation By-law 1992, South Bank Corporation Regulation 1992 Review of South Bank Corporation Legislation Department Review Commencement of review advertised in September 1999. 1998/1999 Underway Agricultural and Veterinary Chemicals (Queensland) Act 1994 National Review Three pieces of related legislation to be reviewed covering registration and control of use provisions. Review undertaken by Commonwealth Department of Primary Industries and Energy. A SCARM/ARMCANZ working group is considering the recommendations of the review. 1997/1998 PI Review of Agricultural and Veterinary Chemicals Legislation Underway Agricultural Chemicals Distribution Control Act 1996 PI Agricultural Chemicals Distribution Control Regulations 1970 Review of Agricultural and Veterinary Chemicals Legislation Underway National Review Three related pieces of Qld legislation to be reviewed 1997/1998 covering registration and control of use provisions. Review undertaken by Commonwealth Department of Primary Industries and Energy. A SCARM/ARMCANZ working group is considering the recommendations of the review. Chemical Usage (Agricultural and Veterinary) Control Act 1988 PI Chemical Usage (Agricultural and Veterinary) Control Regulation 1989 Review of Agricultural and Veterinary Chemicals Legislation Underway National Review Three related pieces to legislation to be reviewed covering registration and control of use provisions. Review undertaken by Commonwealth Department of Primary Industries and Energy. A SCARM/ARMCANZ working group is considering the recommendations of the review 1997/1998 100 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Chicken Meat Industry Committee Act Targeted Public Committee signed off on review report in November 1997. Grower representative submitted dissenting report. Treasury engaged independent consultant to examine both reports. As a result, additional recommendations were added to the committee's recommendations that are consistent with potential outcome of NSW review. These do not jeopardise the net public benefit nor impose further restrictions. Grower and processor representatives agreed to expanded proposal. Temporary TPA exemption for collective bargaining arrangements expire on 30 June 1999. Review has shown there to be a public benefit in continuing this legislative exemption in the CMIC Act. 1996/1997 11/1997 PI Cabinet approved that amending legislation be drafted that will provide: less deterministic role for industry committee; legislative authorisation for collective bargaining arrangements with option for individual growers to negotiate directly with processor; minimum contract conditions; maximum period for mediation; and arbitration on contract conditions, excluding initial growing fee. Review of Chicken Meat Act Completed City of Brisbane Market Act 1960 PI City of Brisbane Market Regulation (formerly By-law) 1982 Review of City of Brisbane Market Legislation Full Public Review Joint review covering ownership, competitive neutrality and legislation review. Completed 1997/1998 05/1998 Government is pursuing corporatisation of the BMA and removal of its statutory monopoly status. Dairy Industry Act 1993 PI Dairy Industry Regulation 1993, Dairy Industry (Market Milk Prices) Order 1995 Review of Dairy Industry Legislation Full Public Review Completed Legislative amendments being developed for extending supply management arrangements, etc. 1997/1998 07/1998 Restrictive farm-gate arrangements (including broadening scope of supply management arrangements to cover CQ and NQ) extended until 31 December 2003. Further review is to occur prior to 1 January 2003 to determine extent of government involvement in dairy industry. Egg Industry (Restructuring) Act 1993 Reformed without Review PI Act allowed to sunset on 31 December 1998 thereby removing all anti-competitive legislative provisions. 1997/1998 All anti-competitive provisions have been removed through the sunset of the Act on 31 December 1998. Review of Egg Industry Act Completed 101 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Farm Produce Marketing Act 1964 Full Public Review Final report June 1999. Findings: act largely ineffective as most transactions occur outside scope; no public benefit in retaining legislation; non-statutory scheme proposed; extension of sunset to 6/2000 to allow development of new model. 1997/1998 06/1999 PI Legislation to sunset 30/6/99. Non-statutory scheme to be introduced. Farm Produce Marketing Regulation 1984 Review of Farm Produce Marketing Legislation Completed Fisheries Act 1994 Full Public Review Queensland has partly funded a consultancy commissioned by WA Dept of Agriculture to develop a common approach to reviewing state fisheries legislation. Options paper produced in 9/99 for consultation. 1998/1999 PI Fisheries Regulation 1995 Review of Fisheries Legislation Underway Forestry Act 1959 Department Review Review shows net public benefit in retaining funding of the Timber Research and Development Advisory Council by way of a compulsory stumpage charge. In relation to the Crown native forest sawlog allocation system, small economic gains would be achieved through industry restructure. However, deregulation would result in quite significant social costs being borne by small rural communities. There would be no material effect on the environment. While the current allocation system will be retained for now, it will need to be adjust flexibly to changes in the industry and environment. A more competitive system is likely to be an option in future, particularly upon the expiry of existing 20 year agreements. TPA exemption for sawlog allocation system (a policy not legislative provision) extended to allow completion of NCP review requirements. Based on findings of near-completed review. As allocation system may breach the TPA, exemption will apply until December 1999 to enable time to complete review of allocation system and to assess impact of RFA and resultant structural adjustment. 1996/1997 PI 04/1999 Forestry Regulation 1987 Review of Forestry Legislation Completed 102 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Fruit Marketing Organisation Act 1923 Department Review A general review is underway. This review is combined with a review of the Primary Producers' Organisation and Marketing Act 1926. Only NCP issue to consider in the FMO Act is future status of currently dormant market intervention mechanisms. 1997/1998 02/1999 PI On Cabinet has approved a Bill which includes the repeal of all the marketing provisions in the Act. Review of Fruit Marketing Act Completed Grain Industry (Restructuring) Act 1993 Targeted Public Aspects of NCP review (review panel composition and ToR) were based on Cabinet decision following previous non-NCP review of Act that failed to conclude issues under review at that time. Review supported retention of statutory marketing arrangements through Grainco for export barley. Outcome influenced by Japan Food Authority policies on sourcing barley from SMAs and status of interstate SMA arrangements. Joint Victoria-South Australia review recommended removal of ABB's statutory monopoly. Queensland is monitoring implementation stage of that review to determine its consequences for Queensland. A related review of accountability requirements applying to Grainco was completed in November 1998. This review recommended a supervisory panel be established in lieu of current Govt appointments to the Board of Grainco. The application of a number of Acts to Grainco will also be modified. 1996/1997 06/1997 PI Statutory monopoly of Grainco for export barley retained, wheat regulation extended but "parked" while Commonwealth provisions still apply, regulation of all other grains removed. Export barley arrangements subject to further review if circumstances change. Review of Grain Industry Act Completed Primary Producers' Organisation and Marketing Act 1926 Department Review PI Orders in Council for tobacco leaf Review of Orders in Council for Tobacco Leaf Repealed Review found Orders in Council to be totally unnecessary as Tobacco Leaf Marketing Board no longer exists. 1996/1997 10/1998 Repealed in October 1998 following departmental examination of the legislation. 103 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Primary Producers' Organisation and Marketing Act 1926 Department Review General review combined with Fruit Marketing Organisation Act 1923. The only restrictive provision relates to establishing marketing boards. It is intended that the creation of such boards in future (none exist at present) will be via industry-specific legislation on each occasion, subject to a prior public benefit test as required under NCP. 1996/1997 02/1999 PI Orders in Council for tobacco leaf Review of Primary Producers' Organisation and Marketing Legislation Repealed Cabinet has previously approved legislation to repeal of all existing provisions relating to marketing boards in the Act. This followed departmental examination of the legislation. Sawmills Licensing Act 1936 Department Review Nearing completion. Draft report under consideration February 1999 to be revised for consultation prior to end 1999. Cabinet considered in February 1999 an ATP Submission recommending extending temporary TPA exemption by regulation for one year until 30 June 2000 to permit completion of current NCP review. 1996/1997 PI Sawmills Licensing Regulation 1965 Review of Sawmills Licensing Act Underway Sugar Industry Act 1991 PI Sugar Industry Regulation 1991, Sugar Industry (Assignment Grant) Guideline 1995 Review of Sugar Industry Legislation Full Public Review Combined with review of Sugar Milling Rationalisation Act 1991. Completed 1996/1997 11/1996 Compulsory acquisition and single desk selling of raw sugar retained for the export and domestic markets and tariff on raw and refined sugar and related products removed effective from 1 July 1997. Sugar Milling Rationalisation Act 1991 Full Public Review PI Reviewed at same time as Sugar Industry Act 1991. 1996/1997 11/1996 As per Sugar Industry Act 1991. Review of Sugar Industry Legislation Completed Veterinary Surgeons Act 1936 PI Veterinary Surgeons Regulation 1991 and various Orders in Council Review of Veterinary Surgeons Legislation Full Public Review Underway Draft consultants report to hand in early September 1999. Review is expected to be completed by end of October 1999. 1998/1999 104 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Architects Act 1985 National Review Review by Productivity Commission commenced in November 1999. 1998/1999 PW Architects Regulation 1985 Review of Architects Legislation Draft Scope Professional Engineers Act 1988 To be Determined Review being conducted by a committee consisting of Dept PW, Treasury, DOT, consumer rep and independent member with engineering expertise. Consultant to undertake PBT. 1998/1999 PW Professional Engineers Regulation 1992 Review of Professional Engineers Legislation Underway Industrial Development Act 1963 Reformed without Review As the intention of the Act is not to limit use to industrial purposes, the definition section of the Act has been amended to remove this limitation. Submissions to Cabinet -ATP March 1998 and API October 1998. 1996/1997 09/1997 SD Definition in the Act was amended in 1998 to remove sole restriction that limited Act to development for industrial purposes. Review on Industrial Development Act Completed Retail Shop Leases Act 1994 Department Review SD A policy position paper was released in September 1999 1998/1999 for public consultation following on from a discussion paper issued in November 1998. This statutory review includes consideration of NCP issues. Retail Shop Leases Regulation 1994 Review of Retail Shop Leases Legislation Underway 105 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name State Transport (People-movers) Act 1989 Department Review The Act is to be repealed and certain provisions saved in the Transport Infrastructure Act and the Transport Operations (Passenger Transport) Act. The provisions transferred to these two Acts will be examined as a separate exercise to determine if any of the transferred provisions actually restrict competition. (A full review of the Transport Operations (Passenger Transport) Act is also currently underway.) The review of this Act was originally set down to occur in 1996/97. The review commenced on time and the course of action (as described) was determined. Delays in undertaking necessary legislative changes have occurred, and in view of recent developments in respect of the provisions of People Movers Infrastructure (Post-31 December) there is now some doubt in respect of the appropriateness of repeal. If repeal does not occur as planned, it will be necessary to renew the process and undertake a full PBT assessment. 1998/1999 T Review of People Movers Act Underway State Transport Act 1960 Reduced NCP Review The Act has been repealed by proclamation of certain provisions of the Transport Operations (Road Use Management) Act. Any future legislative control of restricted goods will be via regulation and subject to public benefit test requirements. T 1996/1997 09/1998 The Act has been repealed. State Transport Regulation 1987 Review of Restricted Goods Legislation Completed Tow-Truck Act 1973 Reduced NCP Review T Public benefit justification has been provided in short-form for: the consumer protection and industry regulation provisions in the Act (which actually facilitate a competitive industry); and proposed amendments to strengthen consumer protection giving effect to Criminal Justice Commission recommendations. Public notification has occurred. Sections of industry have since raised concerns. As a result, Queensland Transport has revised some proposals. The proposed changes do not affect the public benefit justification. 1997/1998 01/1999 Legislative amendments will strengthen consumer protection provisions and retain industry regulatory provisions. Tow-Truck Regulation 1988 Review of Tow Truck Legislation Completed 106 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Transport Infrastructure - Ports T Transport Infrastructure (Ports) Regulation 1994 under the Transport Infrastructure Act 1994 Review of Harbour Towage Restrictions Department Review This review examines harbour towage restrictions in the Transport Infrastructure (Ports) Regulation 1994 under the Transport Infrastructure Act. Post-31 December, draft Terms of Reference and PBT Plan have been prepared and liaison is continuing with Treasury to finalise the documents. 1998/1999 Draft Scope Transport Infrastructure - Ports T Transport Infrastructure (Ports) Regulation 1994 under the Transport Infrastructure Act 1994 Review of Restrictions on Port Activities Outside Prescribed Port Limits Department Review Review examines restrictions on port activities outside of port limits in the Transport Infrastructure (Ports) Regulation 1994 under the Transport Infrastructure Act 1994. Post-31 December, draft terms of Reference and PBT Plan have been prepared and liaison is continuing with Treasury to finalise the documents. 1998/1999 Draft Scope Transport Operations (Marine Safety) Act 1994 T Transport Operations (Marine Safety) Regulation 1995 Review of Marine Pilotage Provisions Department Review Completed Review recommends some pro-competitive legislative changes to take effect at end of three-year transition period for transfer of responsibility for pilotage services from Transport Dept to port authorities. Final review recommendations comprise licensing of marine pilots by Queensland Govt to be retained, each port authority to determine service delivery arrangements for its port (including "in-house" provision and competitive tendering) and removal of price controls with prices determined by each port authority subject to QCA oversight arrangements . Licensing of marine pilots ensures safety of vessels/crews and avoids port closures and environmental damage caused by maritime accidents. 1996/1997 05/1999 Final report recommended retention of marine pilot licensing arrangements, giving each port authority the power to determine service delivery arrangements and pilotage fees within its port. 107 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Transport Operations (Passenger Transport) Act 1994 T Transport Operations (Passenger Transport) Regulation 1994 Review of Passenger Transport Legislation Full Public Review A Terms of Reference and PBT Plan have been prepared and approved by Cabinet. An interdepartmental steering committee has been established comprising Transport, Treasury and the Department of the Premier and Cabinet. Post-31 December, a discussion paper has been prepared and distributed to stakeholders. Submissions are due by the end of March 1999, and public hearings are scheduled in April 1999. 1998/1999 Underway Art Unions and Public Amusements Act 1992 TR Art Unions and Public Amusements Regulation 1992 Review of Charitable and Non-profit Gaming Bill To be Determined New legislation being developed - the Charitable and Non-profit Gaming Bill. NCP requirements will be considered in developing the Bill. 1998/1999 Yet to begin Casino Agreement Acts Reduced NCP Review These four Agreement Acts covering casinos at the Gold Coast, Brisbane, Townsville and Cairns were not originally scheduled for review on the basis that they underpin commercial arrangements entered into prior to NCP for the provision of major casino/tourism facilities provided by the private sector. A confidential summary report on the review of the four Agreement Acts was provided to the NCC as part of 1998 Annual Report. This matter is subject to Productivity Commission inquiry into gambling. TR 1997/1998 03/1998 Provisions retained without change following reduced review. Review of Casino Agreements Legislation Completed Casino Control Act 1982 To be Determined TR This matter is subject to the Productivity Commissions inquiry into gambling. 1998/1999 Casino Control Regulation 1984 Review of Casino Control Legislation Yet to begin 108 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Financial Intermediaries Act 1996 Reformed without Review The Act has become redundant and may possibly be repealed. This is the result of the proposed reforms to the financial services sector resulting from the Wallis Inquiry and the establishment of the Australian Prudential Regulation Authority, in line with the recommendations of the Wallis Inquiry. 1998/1999 10/1998 TR Act is redundant and is expected to be repealed. Review of Financial Intermediaries Act Completed Gaming Machine Act 1991 To be Determined General review is expected in 1999. This matter is subject to Productivity Commission's gambling inquiry. 1997/1998 TR Gaming Machine Regulation 1991 Review of Gaming Machine Legislation Yet to begin Keno Act 1996 Reduced NCP Review NCP issues were to be fully examined prior to introduction of the Bill. Certain outstanding NCP matters were examined and a draft report compiled subsequently. This matter is subject to Productivity Commission's inquiry into gambling. 1996/1997 TR 04/1998 Applies same probity controls as other gaming legislation. On hold pending finalisation of Productivity Commission inquiry into gambling. Review of Keno Act Completed Lotteries Act 1997 Department Review TR The 1997 Act amounts to a winding-back of anti-competitive provisions by replacing the statutory monopoly provisions with a limited period of exclusivity to enable the Golden Casket Corporation time to mature in a commercial environment following its corporatisation. Certain outstanding NCP matters were examined and a report compiled subsequently. This matter is subject to Productivity Commission inquiry into gambling. 1998/1999 04/1998 Statutory monopoly provisions applying to the Golden Casket Corporation have been replaced with a limited duration exclusive licence. Review of Lotteries Act Completed 109 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Motor Accident Insurance Act 1994 Full Public Review The NCP review will be linked to the statutory review of Act that must occur from 1 September 1999 and an affordability review. Cabinet approved the terms of the review in April 1999. The PBT Plan was finalised in August 1999. 1998/1999 TR Review of CTP Insurance Legislation Underway Superannuation (Government and Other Employees) Act 1988 and other superannuation legislation To be Determined Issue of Statutory Monopoly is being considered as part of a general review of superannuation arrangements for the public sector. Any residual NCP issues will be examined at the conclusion of the general review. 1996/1997 TR Review of Superannuation Legislation Yet to begin Tobacco Products (Licensing) Act 1988 TR Tobacco Products (Licensing) Regulation 1993 Reformed without Review Restrictive provisions no longer have effect constitutionally following High Court decision in Ha & Lim v NSW. Only transitional provisions remain which have no NCP implications. 1998/1999 10/1998 Provisions that were deemed to restrict competition no longer have effect constitutionally following High Court decision in Ha & Lim v NSW. Review of Tobacco Products Legislation Completed Wagering Bill Department Review TR Two components in reviewing racing and betting 1997/1998 legislation: firstly the Racing Industry Taskforce examined the statutory monopoly of the QLD TAB. This was addressed in developing the Wagering Bill. Second aspect is the review of the provisions of the Racing and Betting Act relating to bookmakers, conduct of race meetings and other related restrictions concerning the operation of race events. That review will be undertaken as a separate exercise. The review process to be subject to the Productivity Commission inquiry into gambling. 02/1998 The statutory monopoly arrangements applying to TAB replaced by an exclusive licence of limited duration upon proclamation of the Wagering Act in 1999. Review of Wagering Bill (that replaces part of Racing and Betting Act 1980) Completed 110 4 Queensland Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Indy Car Grand Prix Act 1990 Reduced NCP Review Short-form justification, that included RIS process, supported retention of all legislative provisions under review. Legislation gives effect to conditions for staging the race, including sole promoter role, that are contained in agreements with international owner of the rights to stage the race worldwide. All services and products associated with the Gold Coast event (e.g. catering) are competitively tendered. 1996/1997 10/1998 TSR Provisions subjected to review retained without change. Indy Car Grand Prix Regulations 1990 Review of Indy Car Grand Prix Legislation Completed Liquor Act 1992 Full Public Review Review report signed off by review panel early in August 1999. In September 1999, the Government decided that there will be public consultation on the draft report and, following consideration by an IDC of issues raised through that process, the government will deliberate on a final report. 1998/1999 08/1999 TSR Liquor Regulation 1992 Review of Liquor Act Underway Racing and Betting Act 1980 TSR Racing and Betting Act Regulation 1981, Racing and Betting Act Notification and Rules of Greyhound Racing Review of Racing and Betting Legislation To be Determined Underway Two components in reviewing racing and betting 1997/1998 legislation: firstly the Racing Industry Taskforce examined the statutory monopoly of the QLD TAB. This was addressed in developing the Wagering Bill. Second aspect is the review of the provisions of the Racing and Betting Act relating to bookmakers, conduct of race meetings and other related restrictions concerning the operation of race events. That review will be undertaken as a separate exercise and is not expected to begin before end of 1999. The review process to be subject to the Productivity Commission inquiry into gambling. Initial discussions and preliminary work on the review have taken place. The regulation of bookmakers is being examined separately (questionnaire distributed in October 1999) and in advance of the broader review of the R&B Act. 111 Legislation Review Compendium Review Model Review Comments Date of Review Reform Progress Date Review Completed Name of Legislation Agency Status Review Name Racing Venues Development Act 1982 To be Determined An NCP review of this Act has not been undertaken to date. However, amendments to racing legislation were to be made following a Racing Industry Task Force review of the racing industry upon proclamation of Racing Amendment Legislation in 1999. May now be included in review of Racing and Betting Act. Initial discussions and preliminary work on the review have taken place. 1998/1999 TSR Review of Racing Venues Development Act Underway Wine Industry Act 1994 Department Review A statutory review that included consideration of NCP issues was completed late in July 1999. 1998/1999 07/1999 TSR A single "producer" licence system will be replaced with a two-tier licensing system that provides for licensing under the Wine Industry Act of both "producers" and "merchants". The blending restrictions will be removed, thereby relying on Commonwealth standards. Wine Industry Regulation 1995 Review of Wine Industry Legislation Completed 112