5 Western Australia 5.1 Guide to the Western Australian legislation review schedule Legislation review In June 1996, the Western Australian Government published its Legislation Review Table. Since that time there have been some changes, primarily adding to the schedule. The current timetable now lists 309 pieces of legislation for review. Western Australia published Legislation Review Guidelines in April 1997. These guidelines are based on the CPA and provide a step-by-step guide to conducting legislation reviews. The guidelines highlight the importance of independent oversight of reviews and of affording interested parties the opportunity to contribute to the review process. Progress to 31 December 1998 At the end of 1998, recommendations from 92 reviews had been presented to the Government for consideration. Recommendations from 43 reviews had been implemented: 15 Acts were repealed entirely and restrictions were retained in 28 Acts. In addition, the Government had endorsed the recommendations from a further 45 reviews, and was drafting legislation for implementation by the year 2000. Highlights of the program to date include: • Repeal of the Bread Act 1982 removed a number of onerous restrictions, including licensing requirements for bake-houses, restrictions on the time at which bread could be delivered and requirements for marking vehicles used for delivery. • Removal of several restrictions, under the Betting Control Act 1954, enabled bookmakers to compete with the Totalisator Agency Board on a more level footing. • Exclusive licences to provide port services such as towage, piloting and stevedoring can be granted only by the responsible Minister who must consider whether public benefits from exclusivity exceed public costs. • The review of the Chicken Meat Industry Act 1977 and associated Regulations recommended that the legislation be amended to allow broiler growers to negotiate contracts with processors outside the existing compulsory collective contract system. The review found that a voluntary collective contract arrangement was in the public interest because it offered protection to broiler growers from the strong market position of the two large chicken meat processors in Western Australia. Legislation Review Compendium • The review of the Finance Brokers Control Act 1975 and associated Regulations recommended that the Act be repealed on the grounds that a less restrictive code of conduct would be equally as effective in protecting consumers as the current arrangements and would reduce compliance costs for finance brokers. It was also noted that the Act duplicated provisions contained within the Commonwealth Trade Practices Act 1974 and the Fair Trading Act 1987. • The current system of mandatory licensing, under the Painters Registration Act 1961, was found to be too restrictive. The review of the Act recommended that certification be supported by a system of negative licensing, allowing for the removal from the industry of persons who do not adhere to basic standards of commercial conduct. 5.2 Abbreviations The following abbreviations are used in the ‘Agency’ column of the Western Australian legislation review schedule: A AA CT Env ES ET F FT H J L LG LR M P PC PI RD RG S T W WR Arts Aboriginal Affairs Commerce and Trade Environment Emergency Services Employment and Training Finance Fair Trading Health Justice Lands Local Government Labour Relations Mines Planning Premier and Cabinet Primary Industry Resources Development Racing and Gaming Services Treasury Works Water Resources 114 5 Western Australia 5.3 Legislation review schedule: Western Australia Review/Reform progress Retained without reform. Retained without reform. Retained without reform. Drafting legislation for implementation by year 2000. Act to be amended to broaden the range of financial institutions covered by the Act and to adjust some provisions so that they are consistent with the Financial Institutions Code (WA). Updated to 6 December 1999 Name of legislation Agency AA Differential treatment. Licensing. Competitive neutrality. 1997 1997 1996–97 1997 1997 1997 Description/Comment on review Differential treatment. Review scheduled 1997 Review complete 1997 AA AA Aboriginal Affairs Planning Authority Act 1972 and Regulations Aboriginal Communities Act 1979 and By-laws Aboriginal Heritage Act 1974 and Regulations Administration Act 1903 and Regulations J Aerial Spraying Control Act 1966 and Regulations Agricultural Industries Bill Licensing. To replace a number of pieces of legislation as indicated. Licensing. Licensing. Licensing. NA 1997–98 1997–98 NA PI Licensing. 1998–99 PI Agricultural Management Bill Agricultural Products Act 1929 and Regulations PI PI Agriculture Act 1988 PI Agriculture and Related Resources Protection Act 1976 and Regulations PI Due date of review deferred until June 2000. Act to be repealed with the passing of the Agricultural Management Bill. Act to be repealed with the passing of the Agricultural Industries Bill. Due date of review deferred until June 2000. Act to be repealed with the passing of the Agricultural Management Bill. 115 Legislation Review Compendium Review complete Review/Reform progress Name of legislation Agency PI Licensing. NA NA 1999 1997 1998 1999 1997 NA 1997–98 1998 1997 1998–99 1998 1998 1997 NA NA Repealed. Retained without reform. NA NA NA Description/Comment on review Licensing. Review scheduled 1998–99 PI Agriculture and Veterinary Chemicals (Western Australia) Act 1995 and Regulations Agriculture Protection Board Act 1950 and Regulations Albany Port Authority Act 1926 and Regulations Licensing, third line forcing, market power, competitive neutrality. Differential treatment. Licensing. Licensing. Licensing. Licensing. Competitive neutrality. Licensing. Licensing. Licensing. Licensing. Licensing. Transport National review complete. A SCARM/ARMCANZ working group is considering the recommendations. To be repealed, and replaced by the Agricultural Industries Bill when it is enacted. Repealed and replaced by Port Authorities Act 1999. CT H W H Albany Woollen Mills Agreement Act 1976 Anatomy Act 1930 and Regulations Anglo-Persian Oil Company Limited (Private) Act 1919 Animal Resources Authority Act 1981 Architects Act 1921 and Regulations W Art Gallery Act 1959 A PI Review commenced but deferred to coincide with national review. Terms of reference for national review established November 1999. Act to be repealed once new arts legislation is enacted. Amendments being drafted to remove restrictions. FT RG Artificial Breeding of Stock Act 1965 and Regulations Auction Sales Act 1973 and Regulations Australian Soccer Pools Bloc: Rules for Subscriber Participation Beekeepers Act 1963 and Regulations PI Betting Control Act 1954 and Regulations RG Has been repealed and replaced by Lotteries Commission (Soccer Pools) Rules 1996. Due date of review deferred until June 2000. Act to be repealed with the passing of the Agricultural Management Bill. Drafting legislation for implementation by year 2000. To remove restrictions and reduce costs to individuals or organisations undertaking betting activities. 116 5 Western Australia Review/Reform progress Name of legislation Agency Biological Control Act 1986 Licensing. Licensing. Licensing. Licensing. Differential treatment. Differential treatment. NA 1996 1997 NA 1999 1999 1999–2000 1997 1998 1997–98 1998 1996–97 1997 PI Description/Comment on review Market power. Review delayed pending decision on national review. Retained without reform. Review scheduled NA Review complete NA Boxing Control Act 1987 and Regulations Bread Act 1982 and Regulations Sport FT W To be repealed, and not replaced, by the year 2000. Retained without reform. FT ET British Imperial Oil Company (Private) Act 1925 Builders Registration Act 1939 and Regulations Building and Construction Industry Training Fund and Levy Collection Act 1990 and Regulations Bulk Handling Act 1967 and Regulations PI Bunbury Port Authority Act 1909 and Regulations Transport Due date of review deferred until December 1999, to allow for restructuring of the related Cooperative. Repealed and replaced by Port Authorities Act 1999. Bush Fires Act 1954 and Regulations Licensing. NA 1997–98 1998–99 1996 ES Licensing, third line forcing, market power, competitive neutrality. Competitive neutrality. F 1997 NA Amendment being drafted for implementation by year 2000. The public sector will be subject to the same firebreak requirements as the private sector. Retained without reform. To be repealed. Review underway. 1997 To be repealed, and not replaced, by year 2000. L LG Business Franchise (Tobacco) Act 1975 Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985 Caravan Parks and Camping Grounds Act 1995 Carnarvon Banana Industry (Compensation Trust Fund) Regulations 1962 Competitive neutrality, licensing. Access and differential treatment. PI 117 Legislation Review Compendium Review complete Review underway. 1999 1999 1998 Review completed. Review completed. Drafting legislation for implementation by year 2000. Compensation only to be paid for animals destroyed under programs of "sufficiently public good nature". Review/Reform progress Name of legislation Agency WR Differential treatment. Licensing. Licensing. 1998 1996–97 1998 Description/Comment on review Differential treatment. Review scheduled 1998 RG Carnarvon Irrigation District Bylaws Casino (Burswood Island) Agreement Act 1985 and Regulations Casino Control Act 1984 Cattle Industry Compensation Act 1965 and Regulations to be advised RG PI Censorship Act 1996 ET Censorship and Films Act 1947 Licensing. Licensing. 1996-97 NA NA 1997 J This Act replaces the Censorship and Films Act 1947, Videotape Classification and Control Act 1987 and the Indecent Publication and Articles Act 1902. Licensing. NA NA J Charitable Collections Act 1946 and Regulations Chicken Meat Industry Act 1977 and Regulations Licensing. Licensing. Competitive neutrality. 1999 NA 1998 PI Chiropractors Act 1964 and Regulations H City of Perth Parking Facilities Act 1956 and Regulations Transport NA Repealed and replaced by the Censorship Act 1996. Repeal pending. To be replaced by the Public Collections Bill when enacted. Drafting legislation for implementation by year 2000. Growers and processors now have the option of establishing individual growing contracts. Removal of restrictions to entry. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. To be repealed and replaced by the Perth Parking Management Bill 1998, for which a review has been completed. Coal Industry Superannuation Act 1989 and Regulations LG 118 5 Western Australia Review/Reform progress Retained without reform. Review underway. Expected completion December 1999. Name of legislation Agency W Licensing. to be advised Licensing. to be advised Licensing, market power. Licensing. Market power, licensing. Licensing. Differential treatment. Licensing. Competitive neutrality, market power. Licensing. Licensing, third line forcing, market power, competitive neutrality. 1996–97 1997–98 NA 1998 2000 1999 1998 1998 NA 1998 1997–98 1999 1998 1999 1998 Review underway. 1996 NA 1996–97 Description/Comment on review Licensing. Review scheduled 1997 Review complete 1998 Env FT J Expected to be reviewed as part of a national review. Expected to be repealed. WR WR H WR Replacement legislation to be developed which will obviate the need for review. Review underway. Drafting legislation for implementation by year 2000. All restrictions to be repealed. FT FT H Commonwealth Oil Refineries Limited (Private) Act 1940 Conservation and Land Management Act 1984 and Regulations Consumer Credit (Western Australia) Act 1996 Cooperative and Provident Societies Act 1903 and Regulations Country Areas Water Supply (Clearing Licence) Regulations 1941 Country Areas Water Supply Act 1947 and By-laws 1957 Country Slaughterhouse Regulations 1969 Country Towns Sewerage Act 1948 and By-laws Credit (Administration) Act 1984 and Regulations Credit Act 1984 and Regulations Cremation Act 1929 and Regulations Curtin University of Technology Act 1996 Education PI Drafting legislation for implementation by year 2000. Investment provisions to be consistent with other universities. Retained without reform. Repealed and replaced by Port Authorities Act 1999. Restrictions in the regulations found to be in the public interest. Dairy Industry Act 1973 and Regulations Dampier Port Authority Act 1985 and Regulations Transport Dampier to Bunbury Pipeline Regulations 1998 Energy 119 Legislation Review Compendium Review complete Review/Reform progress Name of legislation Agency Debt Collectors Licensing Act 1964 and Regulations Dental Act 1939 and Regulations Licensing. Licensing. Licensing. Licensing. Competitive neutrality. Differential treatment. Competitive neutrality, market power. Licensing. Licensing. 1996–97 1997 1998 1996 1998 1997 1997 1997 1997 1996-97 1997 1999 1999 1999 FT Description/Comment on review Licensing. Review scheduled 2000 H Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Dental Amendment Act 1996 Dental Prosthetics Act and Regulations H H Dried Fruits Act 1947 PI P Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. To be repealed, and not replaced, by year 2000. Retained without reform. East Perth Redevelopment Act 1991 and Regulations Eastern Goldfields Transport Board Act 1984 and Regulations Transport Edith Cowan University Act 1984 Education Education Service Providers (Full Fee Overseas Students) Registration Act 1992 Electricity Act 1945 Education Drafting legislation for implementation by year 2000. Removal of competitive advantages conferred on the Board. Drafting legislation for implementation by year 2000. Investment provisions to be consistent with other universities. Review underway. Energy Electricity Corporation Act 1994 Licensing. Competitive neutrality, licensing. Review underway. Energy Market power, licensing. 1996 2000 1996–97 1998 Drafting legislation for implementation by year 2000. Removal of a number of restrictions providing advantages to Western Power. Drafting legislation for implementation by year 2000. 1998 Drafting legislation for implementation by year 2000. Removal of restrictions on LPG trading. FT Employment Agents Act 1976 and Regulations Energy Corporations (Powers) Act 1995 Energy 120 5 Western Australia Description/Comment on review Licensing. Retained without reform. Repealed and replaced by Port Authorities Act 1999. Retained without reform. Licensing, third line forcing, market power, competitive neutrality. 1998 Licensing. 1997–98 1998 1998 NA NA Review complete 1997 Review/Reform progress Name of legislation Agency Env L Review scheduled 1996 1999 Environmental Protection Act 1986 Esperance Lands Agreement Act 1960 Esperance Port Authority Act 1968 and Regulations Transport PI Exotic Diseases of Animals Act 1993 Explosives and Dangerous Goods Act 1971 M Fertilisers Act 1977 and Regulations Licensing. 1997–98 1998 PI Licensing. 1996–97 1997 Finance Brokers Control Act 1975 and Regulations Licensing Licensing, differential treatment. Licensing. Licensing. 1999–2000 1999–2000 1999–2000 NA NA FT Firearms Act 1973 and Regulations Police Fish Resources Management Act 1994 Fisheries Fisheries Adjustment Schemes Act 1987 and Regulations Fisheries Fishing Industry Promotion Training and Management Levy Act 1994 Fisheries Drafting legislation for implementation by year 2000. Licensing requirements for manufacture, transportation and use to be aligned with existing controls for other chemicals. Drafting legislation for implementation by year 2000. Retain controls for higher risk fertilisers, less restrictive methods for the control of low risk fertilisers. Drafting legislation for implementation by year 2000. Repeal of entire Act, 'Code of Practice' for 3 years until self-regulation in place. Removed from review schedule on the grounds of overriding public safety. Review underway. WA review framework used to facilitate common approach across jurisdictions. Review underway. WA review framework used to facilitate common approach across jurisdictions. Review underway. WA review framework used to facilitate common approach across jurisdictions. 121 Legislation Review Compendium Review/Reform progress Repealed and replaced by Port Authorities Act 1999. Act repealed. Act repealed. Review complete. Name of legislation Agency Fremantle Port Authority Act 1902 Act and Regulations NA 1996 1999 1996 1998 1999 NA NA Transport Review scheduled NA Review complete NA J Market power. Licensing. Market power. Description/Comment on review Licensing, third line forcing, market power, competitive neutrality. Licensing. PI Friendly Societies Act 1894 and Regulations Fruit Growing Industry Trust Fund Act 1941 and Regulations Gaming Commission Act 1987 and Regulations Gas Corporation Act 1994 RG Energy Gas Transmission Regulations 1994 NA 1998 2000 1996 1998 NA Energy Access provisions. 1996 1997 Geraldton Port Authority Act 1968 and Regulations Transport Drafting legislation for implementation by year 2000. Removal of exclusive franchise for AlintaGas and full ring-fencing of the distribution business. Regulations have been replaced and will be repealed on implementation of National Gas Access Laws. Repealed and replaced by Port Authorities Act 1999. Deferred until December 1998. T Competitive neutrality. Access, market power and competitive neutrality. Licensing, third line forcing, market power, competitive neutrality. Competitive neutrality. F Transport Government Railways (Access) Act 1998 and the Rail Safety Act 1998 have addressed amendments removing various advantages and disadvantages conferred on the Commission. 1998–99 to be advised Repeal Bill rejected in the Upper House. Review to be rescheduled. PI Licensing. Market power. Gold Corporation Act 1987 and Regulations Government Employees Superannuation Act 1987 Government Railways Act 1904 and By-laws: Nos. 1 to 53, 59, 62, 63, 64, 68 and 74. No 55 (rates) No 60 (passenger fares) No 75 (Auction Sales) No 76 (Licensed Porters) Grain Marketing Act 1975 and Regulations Hairdressers Registration Act 1946 and Regulations ET 122 5 Western Australia Review complete Review underway. Review/Reform progress Name of legislation Agency WR Differential treatment. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. 2000 2000 1999–2000 1999–2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 2000 Description/Comment on review Differential treatment. Review scheduled 1999 Harvey, Waroona Collie River Irrigation Districts By-laws 1975 Health (Adoption of Food Standards Code) Regulations 1992 Health (Asbestos) Regulations 1992 H H H H H H H H Health (Cloth Materials) Regulations 1973 Health (Construction Work) Regulations 1973 Health (Drugs and Allied Substances) Regulations 1961 Health (Food Hygiene) Regulations 1993 Health (Game Meat) Regulations 1992 Health (Meat Inspection and Branding) Regulations 1950 Health (Pesticides) Regulations 1956 Health (Pet Meat) Regulations 1990 H H H H H National review complete. Recommendations under consideration. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Due date of review deferred until replacement legislation is developed and reviewed. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Health (Public Buildings) Regulations 1992 Health (School Dental Therapists) Regulations 1974 Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1993 Health (Swimming Pools) Regulations 1964 H 123 Legislation Review Compendium Review complete Review/Reform progress Name of legislation Agency Health Act 1911 Licensing. 1999-2000 H Description/Comment on review Licensing. Review scheduled 2000 Health Amendment Act 1996 H H NA Licensing. 1996–97 1998 NA No review required. Licensing. NA Due date of review deferred until June 2000. Replacement legislation may be developed. Intended that new legislation will be developed and reviewed by December 1999, failing this existing legislation will be reviewed by June 2000. Act repealed. H Health Laboratory Services (Fees) Regulations Health Services (Conciliation and Review) Act 1995 Hire Purchase Act 1959 and Regulations FT Drafting legislation for implementation by year 2000. Removal of disclosure requirements duplicated by Consumer Credit Code and of prescribed content for agreements. FT Market power 1997 1997 Licensing. 1998 Home Building Contracts Amendments Act 1996 and Regulations Horticultural and Produce Commission Act 1988 Licensing. Licensing. Licensing. 1998–99 1999 1999 PI H Drafting legislation for implementation by year 2000. Expenditure from trust funds only to be approved following a cost/benefit analysis. Review deferred until replacement legislation is developed which will obviate the need for review. H Hospitals (Licensing and Conduct of Private Hospitals) Regulations 1987 Hospitals (Licensing and Conduct of Private Psychiatric Hostels) Regulations 1997 Hospitals (Service Charges) Regulations 1984 H Review deferred until replacement legislation is developed which will obviate the need for review. 124 5 Western Australia Review complete Review/Reform progress Name of legislation Agency Hospitals and Health Services Act 1927 Licensing. Licensing. Review deferred until June 2000. Licensing. Licensing. Licensing. Licensing, differential treatment. Licensing. Licensing. Licensing. Differential treatment. NA NA 2000 NA NA NA NA 1996–97 1997 NA NA 1999 2000 2000 1999 H Description/Comment on review Licensing. Review scheduled 1999 Hospitals and Health Services Amendment Act 1996 H Human Reproductive Technology Act 1991 and Regulations H Human Reproductive Technology Amendment Act 1996 H Review deferred until replacement legislation is developed which will obviate the need for review. Review deferred until replacement legislation is developed which will obviate the need for review. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. H Human Tissue and Transplant Act 1982 Indecent Publications and Articles Act 1902 and Regulations Industrial Relations Act 1979 J LR ET Industrial Training Act 1975 and Regulations Infectious Diseases (Inspection of Persons) Regulations H Police Inquiry Agents Licensing Act 1954 and Regulations Instant Lottery Rules 1991 Instant Lottery (Telespin) Rules 1991 Lotto Rules 1990 RG Repealed and replaced by the Censorship Act 1996. Drafting legislation for implementation by year 2000. Legal practitioners will be allowed to represent parties in the Industrial Relations Commission. This Act has been repealed and replaced by the Vocational Education and Training Act. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Repealed and replaced by Security and Related Activities Control Act 1996. Have been repealed. Replacement Lotteries Commission regulations reviewed. 125 Legislation Review Compendium Review/Reform progress Retained without reform. Name of legislation Agency F Description/Comment on review Competitive neutrality. Review scheduled 1996–97 Review complete 1998 Insurance Commission of Western Australia Act 1986 (formerly the State Government Insurance Commission Act 1986 and Regulations) Irrigation (Dunham River) Agreement Act 1968 Jetties Act 1926 and Regulations 1999 Licensing, competitive neutrality. Licensing. Market power. Market power. Market power. Market power. Licensing. 1997–98 Differential treatment. 2000 1998 1999 1999 1998 to be advised to be advised to be advised 1998 1999 1999 1999 1999 1997 1999 L Transport W Due date of review deferred until December 1999. To be repealed pending the enactment of the new Maritime Bill. Review underway. WR Land Acquisition and Public Works Act 1902 Land Drainage (Rating Grades) Regulations 1986 Land Drainage Act 1925 Land Drainage Bylaws 1986 Land Drainage Regulations 1978 Land Valuers Licensing Act 1978 and Regulations Law Reporting Act 1981 WR WR WR FT Review underway. Expected completion June 1999. Review complete. Review complete. Review complete. Review underway. J Legal Aid Commission Act 1976 and Regulations J J Legal Practitioners Act 1893 and Rules Licensed Surveyors Act 1909 and Regulations Licensing. L Licensing, competitive neutrality. Licensing. Lights (Navigation Protection) Act 1930 Transport Drafting legislation for implementation by year 2000. Removal of restrictions on the publication of law reports. Due date of review deferred until new legislation created to allow consideration of proposed amendments. Originally postponed pending national review. Rescheduled for March 2000. Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. Due date of review deferred until December 1999. To be repealed pending the enactment of the new Maritime Bill. 126 5 Western Australia Review complete Review underway. Review underway. NA 1997 1997 1997 Review/Reform progress Name of legislation Agency Liquor Licensing Act 1988 and Regulations Local Government Act 1995 1999 NA 1996–97 1996-97 1996–97 RG Description/Comment on review Licensing. Review scheduled 1999 LG Local Government Draft Model ByLaws Lotteries Commission Act 1990 Retained without reform. Retained without reform. LG RG By-laws not yet drafted. To be reviewed as by-laws are drafted. Retained without reform. RG Differential treatment. Competitive neutrality, differential treatment. Competitive neutrality, differential treatment. Market power, differential treatment. Differential treatment. RG Lotteries Commission Regulations 1991 Lotteries Commission: (Super 66) Rules 1996; (Powerball Lotto) Rules 1996; (Saturday Lotto) Rules 1996; (Oz Lotto) Rules 1996; (Instant Lottery) Rules 1996; (Soccer Pools) Rules 1996. Marine and Harbours Act 1981 and Regulations Competitive neutrality. Licensing, market power. Market power. NA 1999 NA 1999 Transport PI Due date of review deferred until December 1999. To be repealed pending the enactment of the new Maritime Bill. Review underway. Marketing of Eggs Act 1945 and Regulations Marketing of Meat Act 1946 and Regulations Licensing, market power. Licensing. Licensing. 1999 2000 2000 PI Marketing of Potatoes Act 1946 and Regulations Meat Transport Regulations 1969 PI Act repealed in June 1999. Export monopoly removed 31 Dec 1999. Western Australian Meat Marketing Corporation transferred to grower owned co-operative. Review underway. H Medical Act 1984 and Rules H Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. 127 Legislation Review Compendium Review complete Review/Reform progress Name of legislation Agency Medical Amendment Act 1996 Licensing. Licensing. 1999 Licensing. NA 1999 1999 1999 NA NA NA NA 1998-99 NA NA H Description/Comment on review Licensing. Review scheduled 2000 H Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Has been repealed and replaced. Replacement legislation to be reviewed. H H Mental Health (Administration) Regulations 1965 Mental Health (Consequential) Provisions Act 1996 Mental Health (Transitional) Regulations 1997 Mental Health (Treatment Fees) Regulations 1992 Mental Health Act 1962 H H Mental Health Act 1996 H Mental Health Regulations 1997 Competitive neutrality. H Licensing, differential treatment Licensing, differential treatment. Licensing. Metropolitan (Perth) Passenger Transport Trust Act 1957 and Regulations Differential treatment. Market power. Market power. Differential treatment, licensing. 1998 1998 1997-98 1998 1999 1998-99 Transport WR Deferred to tie in with scheduled general review of legislation. Has been repealed and replaced. Replacement legislation to be reviewed. Has been repealed and replaced. Replacement legislation to be reviewed. Deferred to tie in with scheduled general review of legislation. Deferred to tie in with scheduled general review of legislation. Due date of review deferred until December 1999. MetroBus (the Trust) has been abolished. Act cannot be repealed, at this stage, due to ongoing legal liabilities. Review underway. Review underway. Review complete. Review underway. Review underway. WR WR WR Metropolitan Water Authority (Miscellaneous) By-laws 1982 Metropolitan Water Authority Act 1982 Metropolitan Water Supply, Sewerage and Drainage Act 1909 Metropolitan Water Supply, Sewerage and Drainage By-laws 1981 Mining Act 1978 Morley Shopping Centre Redevelopment Agreement Act 1992 M 128 5 Western Australia Review/Reform progress Review complete. Name of legislation Agency F Licensing 1996-97 1997 Description/Comment on review Competitive neutrality. Review scheduled 1999 Review complete 1999 Motor Vehicle (Third Party Insurance) Act 1943 and Regulations Motor Vehicle Dealers Act 1973 and Regulations FT Murdoch University Act 1973 Education Competitive neutrality, market power. 1996-97 1998 Mutual Recognition (Western Australia) Act 1995 North West Gas Development (Woodside) Agreement Act 1979 Differential treatment. Differential treatment. Differential treatment. Differential treatment. Licensing. Licensing. 1999 1999 1999 1999 1999 1997 1998 PC RD Drafting legislation for implementation by year 2000. Removal of unnecessary restrictions on motor vehicle sales persons and to remove the power of the Board to set standards for dealers’ premises. Drafting legislation for implementation by year 2000. Investment provisions to be consistent with other universities. National review complete. Final report with jurisdictions for response. Act repealed and replaced by the North West Gas Development (Woodside) Agreement Amendment Act 1994. Retained without reform. To be repealed. To be repealed. To be repealed. L L North West Gas Development (Woodside) Agreement Amendment Act 1994 Northern Developments (Ord River) Pty Ltd Agreement Act 1960 Northern Developments Pty Ltd Agreement Act 1957 Northern Developments Pty Ltd Agreement Act 1969 Nurses Act 1992 L H Occupational Therapists Registration Act 1980 and Regulations H Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. 129 Legislation Review Compendium Review complete Review/Reform progress Name of legislation Agency Offensive Trades (Fees) Regulations 1976 Licensing. Licensing. Market power. Licensing. Licensing. Market power. Licensing. Licensing. 1998–99 1998 1996-97 1999 1998 1998 NA Reviewed as new legislation. 1999–2000 1998 1999 1998 Review complete. 1996–97 1998 1998 1999 1999 1999 H Description/Comment on review Licensing Review scheduled 1999 Optical Dispensers Act 1966 and Regulations H Optometrists Act 1940 and Regulations H Ord Irrigation District By-laws Osteopaths Act 1997 WR H Painters Registration Act 1961 FT Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Review underway. Review completed, reforms recommended. Further review may follow health template finalisation. Drafting legislation for implementation by year 2000. Less restrictive certification scheme. H Path Centre Notice and Directions 1995 Pawn Brokers and Second Hand Dealers Act 1994 and Regulations Pearling Act 1990 and Regulations Police Fisheries Review underway, in conjunction with other fisheries legislation. PI Perth Market Act 1926 and Regulations Perth Parking Management Bill 1998 Perth Theatre Trust Act 1979 Differential treatment, access. Access. Transport A Licensing, differential treatment. Licensing, differential treatment. Competitive neutrality. M To be repealed once new arts legislation is enacted. National review underway. Review underway. Expected completion May 1999. Petroleum (Submerged Lands) Act 1982 and Regulations Petroleum Pipelines Act 1969 and Regulations M 130 5 Western Australia Review/Reform progress Name of legislation Agency Petroleum Products Subsidy Act 1965 and Regulations Licensing, market power. Licensing. Licensing. Licensing. Licensing. 1996–97 1997 1999 1996–97 1997 1999 NA Energy Description/Comment on review Market power. Review scheduled NA Review complete NA Pharmacy Act 1964 and Regulations H Physiotherapists Act 1950 and Regulations H Pig Industry Compensation Act 1942 and Regulations PI Piggeries Regulations 1952 H PI Plant Pests and Diseases (Eradication) Fund Act 1996 [previously the Skeleton Weed and Resistant Grain Insects (Eradication Funds) Act 1974] Podiatrists Registration Act 1984 and Regulations Licensing. Licensing. Licensing. Competitive neutrality. To replace individual port acts. 1998 Licensing, third line forcing, NA market power, competitive neutrality. 1999 1999 1997 1999 H Poisons Act 1964 and Regulations Poisons Amendment Act 1996 Police Force Canteen Regulations 1988 H H Police 1998 1998 NA Port Authorities Act 1999 Port Hedland Port Authority Act 1970 and Regulations Transport Transport Commonwealth assessed the primary legislation as not being anti-competitive, therefore not to be reviewed at State level. National review draft report completed November 1999. Western Australian review to be finalised once complete. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Drafting legislation for implementation by year 2000. Expenditure from funds only to be approved for services of a public good nature. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Drafting legislation for implementation by year 2000. Expenditure from funds only to be approved for services of a public good nature and having been subjected to a cost/benefit analysis. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. National review underway. National review underway. Drafting legislation for implementation by year 2000. Removal of exemption from Liquor Licensing Act 1988. Assented to on 29 June 1999. Repealed and replaced by Port Authorities Act 1999. 131 Legislation Review Compendium Review complete Review/Reform progress Name of legislation Agency P Licensing, third line forcing. Licensing, third line forcing. Licensing. Licensing. 1996–97 1997 1996–97 1998–99 1998–99 Description/Comment on review Competitive neutrality. Review scheduled 1998 Port Kennedy Development Agreement Act 1992 Ports (Model Pilotage) Regulations 1994 Ports Functions Act 1993 Transport Transport PI Repealed and replaced by Port Authorities Act 1999. Repealed and replaced by Port Authorities Act 1999. Retained without reform. Potato Growing Industry Trust Fund Act 1947 and Regulations Poultry Industry (Trust Fund) Act 1948 PI Poultry Processing Establishments Regulations 1973 Differential treatment. 1998 Licensing. 1998 1999 1998 H Licensing. 1999 WR Drafting legislation for implementation by year 2000. Expenditure from trust fund only to be approved for services of a public good nature and having been subjected to a cost/benefit analysis. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. Review underway. Preston Valley Irrigation District By-laws Professional Standards Act 1997 Psychologists Registration Act 1976 and Regulations Market power. Licensing, differential treatment. Licensing. Differential treatment. 1998 1999 1997 1998 1999 1998 1998 J H Public Works Act 1902 Queen Elizabeth II Medical Centre (Delegated Site) By-laws 1986 T H Racing Restrictions Act 1917 RG Retained without reform. Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Retained without reform. Due date of review deferred until replacement legislation is developed which will obviate the need for review. Review completed. Review completed. Review underway. Retained without reform. RG H Racing Restrictions Act 1927 Radiation Safety Act 1975 and Regulations Rates and Charges (Rebates and Deferments) Act 1992 T 132 5 Western Australia Review complete Review underway. Review underway. Review underway. Review underway. 1998 NA 1998 1998 NA Review/Reform progress Name of legislation Agency FT 1998 Differential treatment. Licensing. Licensing. Licensing. Differential treatment. Differential treatment. Licensing. Competitive neutrality. Licensing. Licensing Licensing. Licensing. Licensing, competitive neutrality. 1999 1997–98 to be advised 1998–99 1998 NA 1998 1996–97 NA 1997–98 1998 1998 1999 Description/Comment on review Licensing. Review scheduled 2000 CT FT WR Real Estate and Business Agents Act 1978 and Regulations Regional Development Commissions Act 1993 Retail Trading Hours Act 1987 and Regulations Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations 1963 Rights in Water and Irrigation Act 1914 and Regulations Rottnest Island Authority Act 1987 WR Tourism PI Rural Adjustment and Finance Corporation Act 1993 Rural Housing Bill Sandalwood Act 1929 and Regulations CT Env P Secret Harbour Management Trust Act 1984 Securities Agents Act 1976 and Regulations J Drafting legislation for implementation by year 2000. Authority membership restrictions to be removed. To be repealed and replaced by the Agricultural Industries Bill. Reviewed as new legislation. Drafting legislation for implementation by year 2000. Removal of the arbitrary quota on harvesting from private land. Act repealed, removed from the review program. Act repealed and replaced by Security and Related Activities Control Act 1996, which is to be reviewed. J PI FT Security and Related Activities Control Act 1996 Seeds Act 1981 and Regulations Settlements Agents Act 1981 and Regulations Shipping and Pilotage Act 1967 and Regulations Transport Due date of review deferred until December 1999. To be repealed pending the enactment of the new Maritime Bill. 133 Legislation Review Compendium Review complete NA NA 1998 NA 1998 1998 1999 Act is to be repealed. Review/Reform progress Name of legislation Agency CT Differential treatment. Market power. Licensing. Licensing. Differential treatment. Competitive neutrality. Licensing. Licensing. to be advised 1998 1998 1998 1998 1998 1998 2000 1999 1997 1999 1997–98 NA 1997 NA NA Description/Comment on review Differential treatment. Review scheduled 2000 CT Small Business Development Corporation Act 1983 Small Business Guarantees Act 1984 and Regulations Soil and Land Conservation Act 1945 and Regulations PI W Due date of review deferred until June 2000. Act to be repealed with the passing of the Agricultural Management Bill. Retained without reform. This Act has been repealed and replaced by the Vocational Education and Training Act. Retained without reform. ET S South Fremantle Oil Installations Pipeline Act 1948 State Employment and Skills Development Authority Act 1990 and Regulations State Supply Commission Act 1985 and Regulations State Trading Concerns Act 1916 Statutory Corporations (Liability of Directors) Act 1996 Stipendiary Magistrates Act 1957 T J J PI Retained without reform. Review complete. Retained without amendment. Review of this Act incorporates expected repeal. Due date of review deferred until June 2000. Act to be repealed with the passing of the Agricultural Management Bill. Stock (Identification and Movement) Act 1970 and Regulations Stock Disease (Regulations) Act 1968 Strata Titles Act 1985 PI L Strata Titles Amendment Act 1995 L Strata Titles Amendment Act 1996 L Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. 134 5 Western Australia Description/Comment on review Review/Reform progress Name of legislation Agency Strata Titles General (Amendment) Regulations 1996 1998 1998 Licensing. Competitive neutrality. Competitive neutrality, differential treatment. Licensing. Licensing. Licensing. 1999 1998 1998–99 1998–99 1999 1997 1998 1998–99 1998 1997 1996–97 1997 1997 NA NA 1998 1998 L Review scheduled 1998 Review complete 1998 Strata Titles General (Amendment) Regulations 1997 L Strata Titles General Regulations 1996 L Street Collections Regulation Act 1940 and Regulations Subiaco Redevelopment Act 1994 Suitors Fund Act 1964 FT P J Env Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. Drafting legislation for implementation by year 2000. Reduced restrictions on licensing of surveyors. Repeal pending. To be replaced by the Public Collections Bill. Retained without reform. Drafting legislation for implementation by year 2000. Provisions to apply equally to all institutions. Review underway. Review underway. Retained without reform. Transport W H Swan River Trust Act 1988 and Regulations Taxi Act 1994 and Regulations, and Amendment Regulations 1997 Texas Company (Australasia) Limited (Private) Act 1928 Tobacco Control Act 1990 and Regulations Totalisator Agency Board Betting Act 1960 and Rules and Regulations Differential treatment, licensing. Differential treatment. Licensing. Licensing. Licensing. RG Transport Drafting legislation for implementation by year 2000. Removal of commercial constraints on the TAB. Review underway. National review complete. Awaiting State response. FT Transport Co-ordination Act 1966 and Regulations Travel Agents Act 1985 and Regulations Treatment of Sewerage and Disposal of Effluent and Liquid Waste Regulations H 135 Legislation Review Compendium Review/Reform progress Name of legislation Agency Trustees Companies Act 1987 J Description/Comment on review Competitive neutrality, licensing. 1996-97 1999 1996-97 1996-97 1997-98 1998–99 1997–98 NA 1999 NA 1999 1998 1998 1998 1998 Review scheduled 1996-97 Review complete 1997 University Colleges Act 1926 Education New uniform trustee companies legislation drafted by Standing Committee of AttorneysGeneral. Review underway with NSW as lead agency. Retained without reform. University Medical School Teaching Hospitals Act 1955 Competitive neutrality, market power. Competitive neutrality, market power. Licensing. Licensing. Licensing. Licensing. H Competitive neutrality, market power. Market power. University of Notre Dame Australia Act 1989 Education University of Western Australia Act 1911 Education Valuation of Land Act 1987 F PI Review of Health Practitioner laws should be completed in first half 2000, aiming to propose template laws. Drafting legislation for implementation by year 2000. Investment provisions to be consistent with other universities. Drafting legislation for implementation by year 2000. Investment provisions to be consistent with other universities. Drafting legislation for implementation by year 2000. Removal of eligibility restrictions for valuers and the Valuer General Review well underway. PI J Veterinary Preparations and Animal Feeding Stuffs Act 1976 Veterinary Surgeons Act 1960 Video Tape Classification and Control Act 1987 Vocational Education and Training Act ET Review well underway. Repealed and replaced by the Censorship Act 1996. Review complete. Retained without reform. WR Differential treatment. This Act replaces the Colleges Act 1978, the State Employment and Skills Development Act 1990 and the Industrial Training Act 1975. Differential treatment. 1998 Review underway. to be advised Review underway. Water (Dixvale Area and Yanmah Area) Licensing Regulations 1974 Water Agencies (Charges) Bylaws 1987 WR 136 5 Western Australia Description/Comment on review Review underway. Review underway. Review underway. 1998 1999 Licensing. 1998 1999 1998 Licensing. Licensing. 1998 1998 1998 1999 1999 1998 Review underway. Review underway. Review complete. Review complete. Retained without reform. Review underway. The Act is to be replaced by a new amendment Bill. The new Bill will be reviewed, as part of a national review, by the Standing Committee of Officers of Consumer Affairs. 1997 Drafting legislation for implementation by year 2000. Authority to lose the right to compulsorily acquire land, and to be liable for rates and taxes equivalent to private developers. Retained without reform. to be advised Market power. Market power. 1998 to be advised Review complete Review/Reform progress Name of legislation Agency WR Review scheduled to be advised WR WR WR WR WR WR WR WR WR Env Water Agencies (Entry Warrants) Regulations 1985 Water Agencies (Infringements) Regulations 1994 Water Agencies (Powers) Act 1984 Water Agencies (Powers) Act 1995 Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 Water and Rivers Commission Act 1995 Water Boards Act 1904 and Bylaws Water Corporation Act 1995 Water Services Coordination Act 1995 Water Supply, Sewerage and Drainage Act 1912 Waterways Conservation Act 1976 and Regulations Weights and Measures Act 1915 and Regulations Differential treatment. Competitive neutrality. 1998 1996–97 FT RG Western Australian Greyhound Racing Association Act 1981 Western Australian Land Authority Act 1992 L 137 Legislation Review Compendium Review/Reform progress Name of legislation Agency Transport Licensing. Licensing. 1998–99 2000 1996–97 1998 NA NA Description/Comment on review Licensing. Review scheduled NA Review complete NA Western Australian Marine (Hire and Drive Vessels) Regulations 1983 Western Australian Marine Act 1982 Transport Western Australian Meat Industry Authority Act 1976 and Regulations PI Due date of review deferred until December 1999. To be repealed pending the enactment of the new Maritime Bill. Due date of review deferred until December 1999. To be repealed pending the enactment of the new Maritime Bill. Drafting legislation for implementation by year 2000. Removal of restrictions regulating to abattoir capacity and saleyards. Due date of review deferred until June 2000. Replacement legislation to be developed which will obviate the need for review. CT T 1997 1998–99 2000 1997 Market power, competitive neutrality. 1997 Retained without reform. Retained without reform. Western Australian Product Symbols Act Western Australian Reproductive Technology Council (Nominating Bodies) Regulations 1992 and Directions Western Australian Treasury Corporation (Amendment) Bill 1997 Western Australian Treasury Corporation Act 1986 Wheat Marketing Act 1989 Wild Cattle Nuisance Act 1871 Market power, competitive neutrality. Licensing. Licensing. T PI PI Wildlife Conservation Act 1950 Workers’ Compensation and Rehabilitation Act 1981 Licensing. Env LR 1997–98 1996–97 Due date of review deferred until June 2000. Act to be repealed with the passing of the Agricultural Management Bill. May be repealed Review underway. 138