7 Tasmania 7.1 Guide to the Tasmanian legislation review schedule Legislation review The Tasmanian Government published its Legislation Review Program: 1996–2000 – Tasmanian Timetable for the Review of Legislation that Restricts Competition (LRP) in June 1996. The LRP complements Tasmania’s previous Systematic Review of Business Legislation. The LRP sets out for review, by the year 2000, all State legislation that restricts competition to ensure that only restrictions in the public benefit are retained. In addition, the LRP provides an overview of the processes that agencies are to apply when reviewing existing and new legislative restrictions. Since 1996, the program has grown to include 240 pieces of legislation. Progress to 31 December 1998 Tasmania scheduled 186 substantive reviews1 of legislation for completion 31 December 1998, 113 had been completed. Of the 73 scheduled reviews not complete, or yet to commence, 14 were nearing completion, 12 were being conducted in conjunction with a national approach and 25 had been deferred pending completion of related reviews or the expected repeal of the legislation. Four reviews had been commenced ahead of schedule, and two other Acts were added to the review schedule for the third tranche. The Government announced its response to 95 reviews, including the proposed repeal of 86 pieces of legislation. Key highlights include: • The Apple and Pear Industry (Crop Insurance) Act 1982 was to be repealed as no evidence was found to suggest that legislation to require growers to take out crop insurance was needed for the industry to operate efficiently and effectively. Part III of the Traffic Act 1925, regulating the carriage of goods or passengers, was found to have controls that stifled innovation and increased costs to consumers. New legislation was to be developed in line with the national road transport reforms. The Weights and Measures Act 1934 was to be repealed and replaced with nationally uniform legislation. • • Excluding 16 cases where preliminary reviews found that legislation did not contain significant restrictions and further review was unnecessary. 1 Legislation Review Compendium 7.2 Abbreviations The following abbreviations are used in the review schedule. CTP DHHS DE DIER DOJ DOPPS DPIWE FPB FT HEC IFC LRP MAIB P&C PAHSMA T&F TAO TDIA TFS WSA Compulsory Third Party Department of Health and Human Services Department of Education Department of Infrastructure, Energy and Resources Department of Justice Department of Police and Public Safety Department of Primary Industries, Water and Environment Forest Practices Board Forestry Tasmania Hydro-Electric Commission Inland Fisheries Commission Legislation Review Program Motor Accidents Insurance Board Department of Premier and Cabinet Port Arthur Historic Site Management Authority Department of Treasury and Finance Tasmanian Audit Office Tasmanian Dairy Industry Authority Tasmania Fire Service Workplace Standards Authority The following abbreviations are used in the ‘Description/Comment on Review’ column. AD Administrative discretion CC CI EGS ME NC ND PSI SE Restrictions on competitive conduct Common Interest Restrictions on the entry of goods or services Restrictions on market entry National codes National dimension Restrictions on product or service innovation Spillover effects 160 7 Tasmania 7.3 Legislation review schedule: Tasmania Description/Comment on Review ME, PSI. Sets standards for counsellors and limits persons who may be approved as counsellors. Requires adoption agencies to be approved and provides for the setting of qualification and service standards in relation to such agencies. Review/Reform progress Name of legislation Agency Adoption Act 1988 DHHS Review scheduled 1998 Review complete 1998 Agricultural and Veterinary Chemicals (Control of Use) Act 1995 DPIWE Review completed and restrictions justified in the public benefit. Licensing restrictions retained to protect against the trafficking of children. National review complete. A SCARM/ARMCANZ working group is considering the recommendations. Agricultural and Veterinary Chemicals (Tasmania) Act 1994 1998 DPIWE Air Navigation Act 1937 DIER ME, CC, PSI, ND, (NC). Prohibits persons from selling a chemical product unless it is registered under the Agvet Code or a permit. Regulates the packaging, labelling and the use of agricultural and veterinary chemicals. ME, PSI, ND, (NC). Applies certain laws of the Commonwealth, relating to agricultural and veterinary chemical products, as laws of Tasmania. Establishes standards for agricultural and veterinary chemicals. ME, CC, PSI, ND, (NC). Requires air pilots to be licensed. The Act applies Commonwealth legislation to Tasmania with regard to air-traffic rules and the regulation of aerodromes. CC. Provides a company with a low interest loan, directs them to increase production capacity and restricts their ability to sell assets for a specified time period. 1997 Aluminium Industry Act 1960 T&F National review complete. A SCARM/ARMCANZ working group is considering the recommendations. Anti-competitive elements to be considered as part of Productivity Commission review of International Air Services Agreement. PC Review underway. Repealed by the Legislation Repeal Act 1998. 161 Legislation Review Compendium Description/Comment on Review ME. Requires the approval of the Director of Ambulance Services for the provision of any privately run ambulance service. Review/Reform progress Name of legislation Agency Ambulance Service Act 1982 DHHS Review scheduled 1997 Review complete 1997 DPIWE ME. Requires the registration of farmers of emus and fallow deer. 1999 1998 1999 1999 Minor review complete and retention of restrictions justified as being in the public benefit. Restrictions relate to the licensing of private ambulance services, and the level of fees they can charge. Minor Review underway. Animal (Brands and Movement) Act 1984 Animal Farming (Registration) Act 1994 DPIWE Animal Health Act 1995 DPIWE Minor review completed and with the Government for consideration. Minor review underway. Animal Welfare Act 1993 DPIWE 1999 Apiaries Act 1978 DPIWE 1996 Act to be repealed. Apple and Pear Industry (Crop Insurance) Act 1982 DPIWE ME, EGS, ND, (NC). Requires a licence for commercial artificial breeding. Enables the Minister to prohibit or restrict the movement of any animals into Tasmania from any other State. Protection of animal resources from the introduction of a disease, organism, variety or disorder. ME. Prohibits persons from carrying out animal research unless it is carried out by an institution licensed under the Act. Essential provisions to restrict cruelty to animals. ME, CC, EGS. Requires beekeepers to be registered. Provides that the Governor may by order declare that only certain bees can be brought into or kept in a certain area. ME, CC. Provides that growers must apply to the Fruit Crop Insurance Board for a crop insurance policy and pay the premium as gazetted. 1996 Review complete, Government accepted recommendation to abolish compulsory insurance. Repealing legislation is being drafted. 162 7 Tasmania Description/Comment on Review ME, CC, ND, (CI). Prohibits persons promoting themselves as architects unless they are registered. Prescribes conduct standards of architects and prohibits certain practices. 1999 Review complete Review/Reform progress Name of legislation Agency Architects Act 1929 P&C Review scheduled 1999 Auctioneers and Real Estate Agents Act 1991 1998 DOJ National review of legislation regulating architects commenced by Productivity Commission in November 1999. Review underway. Australia and New Zealand Banking Group Act 1970 1997 1997 DOJ Act does not restrict competition per se. Deals with mergers. Australian Titan Products Act 1945 Bank Holidays Act 1919 DIER DIER ME, CC, ND, (CI). Requires auctioneers, real estate agents and sales consultants to be registered. Specifies conduct rules for auctions in relation to misrepresentation, bids by owners, collusion, etc. Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. ME. Provides certain water rights to a company and prohibits it from generating electricity. CC. The Act restricts bank trading days. Bank of Adelaide (Merger) Act 1980 DOJ 1998 Repealed by Legislation Repeal Act 1998. The Act has been substantially amended to remove all anticompetitive provisions and those that impact on business. Amending legislation currently before Parliament. Act does not restrict competition per se. Deals with mergers. 1999 Ben Lomond Skifield Management Authority Act 1995 DPIWE Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. ME. Imposes restrictions on commercial operations in the Ben Lomond Skifield area. Biological Control Act 1986 DPIWE Provides that declared organisms can only be released in accordance with certain conditions. Due date of review deferred until 1999 to coincide with completion of review of National Parks and Wildlife Act 1970. Not proposed for review. NCC advised that Act contains no restrictions on competition. 163 Legislation Review Compendium Description/Comment on Review ME. Imposes restrictions on commercial operations in the Botanical Gardens. CC. Provides for the collection of a levy on building work, except in relation to any work undertaken by, or for, State and local governments. 1998 Review complete Review/Reform progress Name of legislation Agency Botanical Gardens Act 1950 DPIWE Review scheduled 1996 Building and Construction Industry Training Fund Act 1990 DE Burnie to Waratah Railway Act 1939 DIER ME. The Act provides a particular company with a competitive advantage by giving them the authority to operate and maintain a railway (some on private land, the rest on Crown Land lease). ME, ND, (NC). No person running a business may use a business name unless it is registered. 1998 1998 1998 Business Names Act 1962 DOJ Casino Company Control Act 1973 T&F ME. A casino licence can only be issued to a company specified in the Act. Prohibits the use of “casino” in any business name unless they are in possession of a casino licence. Restricts ownership and control of casinos by foreign individuals and companies. 1998 Restrictive components only in by-laws, which have now been rescinded and replaced. Review underway. Government exemption from the Building and Construction Industry Training Fund Levy has been repealed by the Legislation Repeal Act 1998. Review deferred pending proclamation of Rail Safety Act 1997, as the safety and access provisions will negate the need for this Act. Minor review complete and retention of restrictions justified as being in the public benefit. Restrictions relate to business name registration, and are uniform across the country. Minor review underway as part of a review of State gaming legislation. 164 7 Tasmania Description/Comment on Review ME, CC, PSI. Imposes licences for child care operators and their premises, including restrictions on the number of children in care and the setting of premise standards. Sets standards for family and home-based care. Review/Reform progress Name of legislation Agency Child Welfare Act 1960 DHHS Review scheduled 1996 Review complete 1997 Chiropractors Registration Act 1982 DHHS ME, CC, ND (CI). Requires chiropractors to be registered. Restricts practices relating to the provision of services, including the use of names and titles, advertising, signs and soliciting patients. Christ College Act 1926 DE 1999 To be repealed by the Children, Young Persons, and Their Families Bill passed in 1997 (but not yet proclaimed), deals with assistance and intervention in relation to children at risk of abuse or neglect previously contained in the Child Welfare Act. Child care provisions in the Child Welfare Act will be transferred to new child care legislation to be administered by the Department of Education. Repealed and replaced by Chiropractors and Osteopaths Registration Act 1997. Draft legislation assessed under the LRP Gatekeeper requirements as imposing minor restrictions on competition, which could be justified in the public interest. Awaiting advice as to whether this Act can be repealed. 1999 1999 Minor review complete and retention of restrictions justified as being in the public benefit. National censorship scheme prohibits and classifies certain materials. Classification (Publications, Films and Computer Games) Enforcement Act 1995 DOJ ME. Provides for three schools and two trusts to be combined. It is effectively the constitution of the organisation. Provides a possible advantage not given to other schools. PSI, ND, (NC). Regulates the classification of publications, films and computer games. Essential provisions to limit the availability of pornographic material. 165 Legislation Review Compendium Description/Comment on Review Review complete Review/Reform progress Act to be repealed by the Water Management Bill 1999. Name of legislation Agency Clyde Water Act 1898 DPIWE Review scheduled 1998 Co-operative Housing Societies Act 1963 T&F ME. Vests trustees with the power to repair and alter works, construct works to convey water from Lake Sorell to the River Clyde and any waterworks necessary to provide the towns of Bothwell and Hamilton with water. Prohibits co-operative housing societies from carrying on business unless they are formed and registered under the Act. Specifies the purposes for which a co-operative housing society can be registered, conduct of the society and name of the society. 1998 ME, CC. Provides for the registration of co-operative building societies and regulates their conduct. 1998 Co-operative Industrial Societies Act 1928 DOJ Commercial and Inquiry Agents Act 1974 DOJ 1999 1998 Commercial Bank of Australia Limited (Merger) Act 1982 DOJ Review not required, as Act does not restrict competition per se. Act has no effect except in relation to existing loans under the Act and will be repealed following expiry of those loans. New legislation will replace this Act. New legislation will be based on national template and subject to gatekeeper provisions. General review underway, which will also address NCP issues. Act does not restrict competition per se. Deals with mergers. 1998 Act does not restrict competition per se. Deals with mergers. Commercial Banking Company of Sydney Limited (Merger) Act 1982 DOJ ME, ND, (CI). Requires commercial and inquiry agents to be licensed. Prohibits licences from being issued to certain classes of persons. Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. Facilitates a bank merger, giving additional legal security. Provides for special treatment in relation to other Acts of Parliament, in particular the Companies and Stamp Duties Acts. 166 7 Tasmania Description/Comment on Review Part of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. They only have an effect in relation to breaches that occurred prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it cannot be repealed yet. Review not required, as Acts do not restrict competition per se. Acts have no effect except in relation to breaches that occurred prior to introduction of the Corporations (Tasmania) Act 1990. Review scheduled Review complete Review/Reform progress Name of legislation Agency Companies (Acquisition of Shares) (Application of Laws) Act 1981, Companies (Acquisition of Shares) (Tasmania) Code, Companies (Application of Laws) Act 1982, Companies (Tasmania) Code, Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act 1981, Companies and Securities (Interpretation and Miscellaneous Provisions) (Tasmania) Code, Companies and Securities (Miscellaneous Amendments) Act (No. 2) 1982, Companies and Securities Legislation (Miscellaneous Amendments) Act 1982, and Companies Auditors and Liquidators Disciplinary Board Act 1982 DOJ DIER Act added to review timetable. Review of all areas of Corporation Law is being undertaken by Commonwealth review body. New legislation will replace this Act. Construction Industry (Long Service) Act 1997 Corporations (Tasmania) Act 1990 DOJ Act contains anti-competitive provisions, and was passed 1999 without complying with gatekeeper provisions. ME, CC, PSI, ND, (NC). Applies Commonwealth Corporations Law within Tasmania. 167 Legislation Review Compendium Description/Comment on Review ME, CC, PSI. Licences crematoriums and prohibits cremation without a licence. Sets out the procedures to be followed in order to establish a crematorium and when cremating human bodies. 1998 Review complete Review/Reform progress Name of legislation Agency Cremation Act 1934 P&C Review scheduled 1997 Dairy Industry Act 1994 TDIA Following a minor review, this Act was expanded to include burials. New legislation has been assessed under gatekeeper provisions. Major review is nearing completion. Dangerous Goods Act 1976 DIER ME, CC, PSI, ND, (SE). Requires dairy processing and manufacturing operations to be licensed. Establishes the ‘farmgate’ price which processors pay for milk. Provides for the operation of “Codes of Practice” and sets standards for dairy produce and premises. ME, CC, ND, (NC). Requires the licensing of persons manufacturing dangerous goods. Persons may not possess dangerous goods without complying with certain requirements and premises must comply with prescribed requirements. ME, CC, ND, (CI). Requires dentist and dental mechanics to be registered. Restricts the use of titles, payments of commission, advertisements, soliciting patients and exhibiting signs. 1999 Dental Act 1982 DHHS Devonport Airport (Special Provisions) Act 1980 DIER 1998 1997 1997 To be repealed and replaced by new legislation based on national model. New legislation has been assessed under the gatekeeper provisions. To be repealed and replaced by new legislation which will also incorporate provisions of the School Dental Therapy Act 1965. New legislation will be assessed under the gatekeeper provisions. Repealed by Port Companies Act 1997. Minor review complete and retention of restrictions justified as being in the public benefit. Act to be repealed and replaced with new legislation. Dog Control Act 1987 P&C ME. Provides for the granting of a lease or licence to use any part of the land, buildings or structures of the airport. ME, CC. Prohibits kennels and the keeping of dogs for breeding purposes without a licence. Sets standards for dog breeders and imposes certain standards on all licensed kennels. 168 7 Tasmania Description/Comment on Review ME, PSI. Provides a railway agreement giving a competitive advantage to a particular company, potentially acting to restrict competition. Gives the company authority to construct and operate a railway. CC, PSI. Defines a prescribed contract and prohibited contractual terms. Details information to be incorporated under prescribed contracts. Limits the hours in which a dealer may call on a person. ME. Requires non-Government schools to be registered. 1999 1999 1999 1999 Review complete Review/Reform progress Name of legislation Agency Don River Tramway Act 1974 DIER Review scheduled 1998 Door to Door Trading Act 1986 DOJ Education Act 1994 DE Education Providers Registration (Overseas Students) Act 1991 1998 DE Review deferred pending proclamation of the Rail Safety Act 1997, as the safety and access provisions will negate the need for this Act. A minor review of this Act has been completed and the restrictive provisions have been justified as being in the public benefit. Review body currently being finalised. State-based review in 1999. Review body currently being finalised. Major review complete, final report with Government for consideration. Egg Industry Act 1988 DPIWE DIER 1999 1999 Major review yet to commence. Terms of reference for a major review are currently being drafted. Review to commence shortly. 1998 Being reviewed as part of COAG reform agenda for water industry. The Water Management Bill 1999 has been passed by Parliament. Electricity Industry Safety and Administration Act 1997 Electricity Supply Industry Act 1995 DIER Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995 DIER ME, CC, ND, (NC). Requires providers of education to overseas students to be registered and enables conditions to be imposed on the conduct of registered education services. ME, PSI, ND, (SE). Requires egg producers to be licensed. Provides that producers must consign all second grade eggs to the Egg Marketing Board for processing. ME. Requires the licensing of electricians and electrical contractors. ME, CC. Requires licences for the generation, transmission, distribution or retailing of electricity. Can compel acceptance of conditions of a national electricity code and may impose restrictions on re-supply in contracts with very large users of electricity. ME. Requires certain irrigation waters to be made available to certain water users, providing them with a commercial benefit that is not available to others. 169 Legislation Review Compendium Description/Comment on Review Review complete Review/Reform progress Name of legislation Agency Emu Bay Railway Act 1976 DIER Review scheduled 1998 Environment Protection (Sea Dumping) Act 1987 DPIWE CC. Provides a competitive advantage by releasing a particular company from obligations as a common carrier (Common Carrier Act). Provides that the company is not entitled to any of the rights or privileges of a common carrier. ME, CC, ND, (CI). Requires a permit to undertake waste dumping or incineration at sea. Essential provisions to prevent degradation of the environment. 1998 Environmental Management and Pollution Control Act 1994 DPIWE Review deferred pending proclamation of the Rail Safety Act 1997, as the safety and access provisions will negate the need for this Act. To be repealed following amendments to the Environmental Management and Pollution Control Act 1994. Major review has been completed and is with the Government for consideration. Evidence Act 1910 DOJ ME, CC, PSI, EGS. Requires a person carrying out a controlled activity to have authorisation and a TAFE certificate. Sets minimum standards for products in terms of air emissions. Restricts the importation of certain products. Essential provisions to prevent degradation of the environment. ME. Restricts court room employment of shorthand writers to those who have been examined and licensed. 1997 CC, PSI. Requires motor vehicle traders to provide a warranty for specific vehicles and establishes a system for dealing with customer complaints. 1998 1998 Fair Trading Act 1990 DOJ Fertilisers Act 1993 DPIWE CC, PSI, ND, (NC). Prohibits the sale of fertiliser unless the package has the prescribed label. Regulates the details to be included on the label. Sets standards for the composition of fertilisers. 1999 To be repealed and replaced by Uniform Evidence Bill 1998. New legislation to be assessed under gatekeeper provisions. Minor review complete and retention of restrictions justified as being in the public benefit. Requirement for manufacturers to provide vehicle warranties and complaints mechanisms. Minor review in progress. 170 7 Tasmania Description/Comment on Review Minor review complete and review recommendations soon to be progressed for Government consideration. Minor review underway. Review/Reform progress Name of legislation Agency Financial Management and Audit Act 1990 TAO Review scheduled 1998 Review complete 1998 Fire Service Act 1979 1999 TFS 1998 Firearms Act 1996 DOP ME. Requires the Auditor-General to be the auditor of the Treasurer, all Government Departments, statutory authorities and GBEs. The Auditor-General can appoint external auditors to undertake the audit and pay them an appropriate fee. ME. The formation of private fire brigades and salvage corps is prohibited unless authorised by the Tasmanian Fire Service. Replaces Guns Act 1991. Fisheries Act 1959 DPIWE – IFC Minor review completed. Restrictions justified as being in public benefit - community standard legislation. Repealed May 1996 by Inland Fisheries Act 1995, Living Marine Resources Management Act 1995, and Marine Farming Planning Act 1995. Major review of these Acts are underway. 1998 1998 Flammable Clothing Act 1973 DOJ ME, CC, PSI, EGS. Prohibits persons carrying out marine farming activities or fish processing without authorisation and/or licences. Requires licensing of private fisheries and restricts the methods and equipment for taking fish. Restricts the import of fish. Protection of a natural resource from unsustainable extraction and the introduction of a disease, organism, variety or disorder. PSI, ND, (NC). Requires clothing to be labelled in accordance with the regulations. Requires that labels must indicate the level of flammability. Florentine Valley Paper Industry Act 1935 FT ME. Grants a particular company the right to construct a pulp and paper mill at Boyer. Authorises the granting of exclusive timber, water and transport rights to that company. 1998 Minor review complete and retention of restrictions justified as being in the public benefit. Requirement of manufacturers to label children's nightwear with garment flammability. Being reviewed as part of COAG reform agenda for water industry. New legislation has been assessed under the gatekeeper provisions and recently passed by Parliament. 171 Legislation Review Compendium Description/Comment on Review ME, CC. The Forest Practices Board has the authority to restrict the operation of timber harvesting through the Forest Practices Code, to reduce the concentration of harvesting or to control transport routes for the transportation of timber. Review/Reform progress Name of legislation Agency Forest Practices Act 1985 FPB Review scheduled 1998 Review complete 1998 Forestry Act 1920 FT ME. Provides for the granting of forest permits, licences and the registration of all sawmills and timber brands. Specifies the qualifications that must be held by forestry officers. 1998 1998 Friendly Societies Act 1888 T&F ME, CC, ND, (NC). Requires friendly societies to be registered. Requires that two friendly societies conducting the business of a chemist must be within a distance of 11 km of the Hobart or Launceston GPO. Futures Industry (Application of Laws) Act 1987 and Futures Industry (Tasmania) Code DOJ Part of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. Regulation has no effect except in relation to breaches prior to introduction of Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that it can not yet be repealed. Minor review complete and retention of restrictions justified as being in the public benefit. Restrictions relate to the Forest Practices Code and Officers, Timber Harvesting Plans and Private Timber Reserves. A minor review has been completed and majority of restrictions are to be removed. Remaining restriction, relating to minimum supply requirements, considered justified in the public benefit. This Act was repealed and replaced by the Friendly Society Code. The Code has been repealed. Friendly Society legislation now falls under Commonwealth jurisdiction. Review not required, as Acts do not restrict competition per se. Acts have no effect except in relation to breaches that occurred prior to introduction of the Corporations (Tasmania) Act 1990. 172 7 Tasmania Description/Comment on Review Review complete Review/Reform progress Minor review underway as part of a review of State gaming legislation. Name of legislation Agency Gaming Control Act 1993 T&F Review scheduled 1998 Gas Franchises Act 1973 1998 1998 DIER 1996 This Act is expected to be repealed by new legislation. Goods (Trade Descriptions) Act 1971 DOJ ME, CC, PSI. Grants exclusive rights to specific companies to conduct casino operations and operate gaming machines in Tasmania. Requires that gaming equipment must meet the approval of the Gaming Commission. Limitations on the availability of gaming to minors. ME. Grants franchise holders (Hobart and Launceston Gas Companies) exclusive rights to supply gas by reticulation or in bulk in their respective franchise areas. PSI, ND, (NC). Requires the Labelling of footwear and textiles. Limits the materials that can be used in footwear and requires safety footwear to comply with Australian standards requirements. Grain Reserve Act 1950 DPIWE 1998 1998 Groundwater Act 1985 DIER ME. Exempts the Tasmanian Grain Elevators Board from Council rates and protects it from being sued. ME, CC. Prohibits the construction or enlarging of a well, or the drawing of water, in a proclaimed region without a permit. Provides the Director of Mines with the power to shut, limit, repair or modify any Tasmanian well. Guns Act 1991 DOP 1998 1998 Hairdressers’ Registration Act 1975 DIER ME. Requires gun owners and firearm dealers to be licensed. Essential provisions to limit the availability of potentially dangerous goods such as guns. ME, CC. Requires the registration of hairdressers and the licensing of hairdressers’ premises. Premises must comply with prescribed requirements in relation to their design, construction, furnishings and equipment. Minor review complete and retention of restrictions justified as being in the public benefit. Requirement for manufacturers to disclose the materials from which textile products are made. Other restrictive provisions are to be further assessed. Preliminary work for review underway. Being reviewed as part of COAG reform agenda for water industry. A Bill to replace the Water Act 1957 and associated legislation has been passed by Parliament Repealed by Firearms Act 1996, which is scheduled for review. Preliminary work for review underway. Act is likely to be repealed. 173 Legislation Review Compendium Description/Comment on Review Review complete Review/Reform progress Name of legislation Agency Henry Jones Limited (Huon Pine) Agreement Act 1978 Hire-Purchase Act 1959 FT Review scheduled 1998 DOJ ME. Ratifies an agreement allowing a company to cut and take a specific quantity of Huon Pine. Relates to hire purchase contracts taken out prior to introduction of Consumer Credit Code. Specifies the conditions of a legal hire-purchase agreement. It specifies the standards that must be met in writing a legal hire-purchase contract. CC. Places restrictions on building work on places of historic heritage significance that may affect historic cultural heritage. ME, CC, PSI. Provides for the approval of health care workers at Secretarial discretion. Imposes restrictions on the manufacture and sale of HIV testing kits. Sets guidelines on medical and surgical procedures. 1998 1998 1999 Historic Cultural Heritage Act 1995 DPIWE HIV/AIDS Preventative Measures Act 1993 DHHS Hobart Bridge Act 1958 DIER 1996 Repealed by the Legislation Repeal Act 1998. Act does not restrict competition per se. Relates only to Hire-Purchase agreements prior to the replacement Consumer Credit Code. Minor review in progress in conjunction with the Land Use Planning and Approvals Act 1993. Minor review complete and retention of restrictions justified as being in the public benefit. Restrictions relate to the licensing associated with testing, counselling and treatment of AIDS sufferers. Repealed by Legislation Repeal Act 1996. 1996 Hobart Regional Water Act 1984 DPIWE Hobart Town Gas Company’s Act 1854 DOJ ME. Restricts the business of passenger ferry services on the Derwent River. Provides a contractual agreement effectively establishing a monopoly with one licensed operator, i.e. restricts market entry. ME. Gives the Hobart Regional Water Board exclusive rights to take water from the Derwent River, Mount Wellington and other streams, construct bulk supply works and enter into agreements with municipalities to provide water. CC, PSI. Establishes the Hobart Town Gas Company to provide Hobart with gas powered street lights. Specifies conduct of the company and sets lighting standards to be met. 1997 Repealed by the Hobart Regional Water (Arrangements) Act 1996, which was assessed under gatekeeper provisions. To be repealed following winding-up of company. 174 7 Tasmania Description/Comment on Review To be repealed following winding-up of company. Review complete Review/Reform progress Name of legislation Agency Hobart Town Gas Company’s Act 1857 1997 DOJ Review scheduled 1997 Hospitals Act 1918 DHHS Housing Indemnity Act 1992 DOJ ME. Gives the company powers not afforded to potential competitors, such as entering premises, and recovering property on 24 hours notice. ME, CC. Prohibits private medical establishments unless a licence to operate is obtained. Prohibits alterations, extensions and other changes to private hospitals without authorisation. Requires certain qualifications to be held by hospital managers. CC. Requires builders to obtain an indemnity insurance policy before performing building work. 1998 1998 1996 Huon Valley Pulp and Paper Industry Act 1959 FT RIS and public consultation completed for hospital section of Act. Direction to take with nursing home section is yet to be established by DHHS. A minor review has been completed and the restrictive provisions have been justified as being in the public benefit. Repealed by Legislation Repeal Act 1996. Hutchins School Act 1911 DE 1999 Awaiting advice as to whether this Act can be repealed. 1997 Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are scheduled for review. Hydro-Electric Commission (Doubts Removal) Act 1972 HEC ME, CC, PSI. Provides the company with free unlimited water rights and restricts the water rights of the Huon Council (and its residents). Provides the company with rights over Crown land. Sets company conduct in relation to river bank degradation and water quality. ME. Combines the Hutchins School and a trust and gives the school the power to lease land that it otherwise could not. Provides a possible advantage not given to other schools. ME. Provides the Hydro-Electric Commission with the power to do all such acts, matters and things in relation to the specified area of Crown land as are necessary to construct and carry out works. 175 Legislation Review Compendium Description/Comment on Review ME. Provides the Hydro-Electric Commission with the power to do all such acts, matters and things in relation to the specified area of Crown land as are necessary to construct and carry out works. Review complete Review/Reform progress Name of legislation Agency Hydro-Electric Commission (Doubts Removal) Act 1982 HEC Review scheduled 1997 Hydro-Electric Commission Act 1944 HEC ME, CC, PSI. Prohibits the generation and/or transmission of electricity without the consent of the Hydro-Electric Commission (HEC). Establishes pricing rules and prohibits electrical wiring work and the sale of electrical fittings unless approved by the HEC. ME. Confers Ida Bay Railway with an exemption from the provisions of the National Parks and Wildlife Act 1950 and the Railway Management Act 1935. 1997 1997 1997 Ida Bay Railway Act 1977 DPIWE Inland Fisheries Act 1995 DPIWE IFC Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are scheduled for review. Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are scheduled for review. To be repealed following proclamation of the Rail Management Act (Repeal) Act 1997. Major review underway. Irrigation Clauses Act 1973 DPIWE ME, CC, PSI, EGS. Requires the licensing and registration of private fisheries and restricts the methods and equipment that can be used to take or kill fish. Limits the size and sex of fish that can be taken. Restricts the importation of fish. Protection of a natural resource from unsustainable extraction or the introduction of a disease, organism, variety, or disorder. ME. Provides for the construction of waterworks by persons authorised by another Act to do so. Provides for the right to a supply of water for irrigation. 1998 Being reviewed as part of COAG reform agenda for water industry. New legislation has been assessed under the gatekeeper provisions and passed by Parliament. 176 7 Tasmania Description/Comment on Review ME, CC, ND, (CI). Requires surveyors to be registered and sets standards for the profession. 1999 Review complete Review/Reform progress Name of legislation Agency Land Surveyors Act 1909 DPIWE Review scheduled 1998 Major review complete and is with the Government for consideration. Minor review in progress. Land Use Planning and Approvals Act 1993 DPIWE Land Valuation Act 1971 DPIWE CC, PSI. Requires the observance of planning schemes by planning authorities in respect of all use or development within a certain area. Requires persons undertaking certain developments to apply to the planning authority for a permit. ME. Gives the Valuer-General a monopoly on the provision of valuation services to local government for the setting of valuations for the purpose of determining local rates. 1997 1997 Launceston Gas Company Act 1982 DOJ Major review complete Government has accepted the recommendations. Undertaken in conjunction with review of Valuers Registration Act 1974. This Act is expected to be repealed. Launceston Savings Investment and Building Society Act 1955 DOJ Repealed by Legislation Repeal Act 1996. Originally, the COAG legal profession reform working group recommended three references for national review. Other issues are to be reviewed at State level. The state-based review will commence shortly. Legal Profession Act 1993 DOJ ME. Gives the Launceston Gas Company powers that 1997 are not available to potential competitors in the gas supply market. For example, they are given the power to “break up public roads” without council approval, only needing to give 24 hours notice. ME. Provides the Launceston Savings, Investment and 1996 Building Society with the power to invest in a specific property that it may not have been able to under the Building Societies Act 1876. ME, CC, ND, (CI). Prohibits persons practising as a legal practitioner or barrister unless admitted by the Supreme Court. Specifies conduct rules for legal practitioners and the way in which mandatory trust accounts must be operated. 177 Legislation Review Compendium Description/Comment on Review Only relates to money lending contracts taken out prior to introduction of Consumer Credit Code. Requires that money lenders be registered. Review scheduled Review complete Review/Reform progress Name of legislation Agency Lending of Money Act 1915 DOJ Liquor and Accommodation Act 1990 T&F Act does not restrict competition per se. Relates only to money lending contracts prior to the replacement Consumer Credit Code. Major review to commence shortly. Terms of reference currently being drafted. Living Marine Resources Management Act 1995 DPIWE Major review in progress. Loan (Hydro-Electric Commission) Act 1957 HEC ME, CC, PSI. Prohibits granting of a liquor licence in 1999 connection with supermarket activities. Regulates the sale of liquor, provides for licensing of certain accommodation and provides an appellation system for Tasmanian wine. Limitations on the availability of liquor to minors. ME, CC, EGS. Prohibits fish processing and marine 1999 farming without a licence. Provides for management plans for fisheries that limit the use of equipment and set conduct rules. Prohibits importation of live fish into Tasmania. Protection of a natural resource from unsustainable extraction and the introduction of a disease, organism, variety or disorder. ME. Provides irrigation rights to persons in the Parish of 1997 Lawrency. Local Government (Building and Miscellaneous Provisions) Act 1993 (Part III) DPIWE ME, CC, PSI, ND, (NC). Provides for the approval of subdivisions and restrictions on the use of water. 1999 Repealed by Electricity Supply Industry Act 1995, and Electricity Supply Industry Restructuring (Savings and Transitional Provisions) Act 1995, which are scheduled for review. Originally expected to be national review, state review scheduled for 1999. 178 7 Tasmania Description/Comment on Review ME, CC, PSI, ND, (NC). Provides for the control of building and plumbing work, the setting of product and construction standards and application of the Building Code of Australia to Tasmania. Review complete Review/Reform progress Name of legislation Agency Local Government (Building and Miscellaneous Provisions) Act 1993 (except in relation to health issues and Part III (subdivisions)) DIER Review scheduled 1999 DHHS 1996 New legislation will replace the building provisions of the Local Government (Building and Miscellaneous Provisions) Act 1993. This legislation has been assessed under the LRP gatekeeper arrangements. Other provisions will be progressively replaced by specific purpose Acts. Repealed by the Local Government (Building and Miscellaneous Provisions) Amendment Act 1998. Minor review underway. Local Government (Building and Miscellaneous Provisions) Act 1993 - (in so far as it relates to health issues) Local Government (Highways) Act 1982 1998 P&C Local Government Act 1993 P&C ME. Prohibits cesspools and the inhabitation of houses that do not have sanitation facilities. Requires the registration of premises used for offensive trades (tanneries, etc), the licensing of night-soil disposal systems and places of public entertainment. ME, CC. Provides for the creation, construction, maintenance and management of highways and establishes construction standards. Empowers Councils to make by-laws prohibiting the carriage of certain materials over local highways unless licensed. ME, CC. Enables Councils to make by-laws in respect of any matter or thing, such as fees and licences and the execution of works, for which the Council has a function of power under this or any other Act. 1998 ME, CC, PSI, ND, (NC). Provides for the survey of marine vessels and equipment. Establishes standards for marine vessels and equipment through the adoption of national codes and standards. Marine Act 1976 DIER Some amendments were made to the Act in the Budget session 1999. However, the remainder of the Act is still to be reviewed. Repealed in June 1997 and replaced by Marine and Safety Authority Act 1997, Port Companies Act 1997, and Marine (Consequential Amendment) Act 1997. These Acts were assessed under gatekeeper provisions. 179 Legislation Review Compendium Description/Comment on Review Major review underway. Review complete Review/Reform progress Name of legislation Agency Marine Farming Planning Act 1995 DPIWE Review scheduled 1999 Meat Hygiene Act 1985 DPIWE 1998 Major review completed. The Government is considering the recommendations. Medical Act 1959 DHHS Medical Practitioners Registration Act 1996 DHHS 1999 Repealed and replaced by Medical Practitioners Registration Act 1996, which is included in LRP timetable. Review currently underway. Mental Health Act 1963 DHHS ME, CC. Prohibits persons from carrying out marine farming activities unless they hold a lease, a re-seeding lease, a permit or a marine farm licence. Provides that a person must not do anything that is contrary to any marine farming development plan. ME, CC, PSI, EGS, ND, (NC). Prohibits the operation of abattoirs and slaughterhouses without a licence and provides for conditions to be attached to licences. Prohibits persons from selling or bringing meat into Tasmania unless it is fit for human consumption. ME, CC, ND, (CI). Requires medical practitioners to be registered and prevents certain medical activities from being performed without being registered, for example, prescribing medicine. ME, CC, ND, (CI). Requires medical practitioners to be registered and prevents certain medical activities from being performed without being registered, for example, prescribing medicine. ME. Restricts the involuntary admission of patients to public hospitals only. This Act replaces the Mental Health Act 1963. CC, ND, (NC). Places restrictions on shipping crews through the adoption of International Labour Conventions. 1999 To be repealed when the Mental Health Act 1996 is proclaimed. Mental Health Act 1996 DHHS Merchant Seamen Act 1935 DIER Act to be proclaimed in late 1999. Repealed by Legislation Repeal Act 1998. 180 7 Tasmania Description/Comment on Review ME. Places restrictions on the provision of public bus services within a 22 kilometre radius of the Hobart GPO and a 12 kilometre radius of the Launceston GPO. Review complete Review/Reform progress Name of legislation Agency Metropolitan Transport Act 1954 DIER Review scheduled 1998 Mineral Resources Development Act 1995 1997 DIER 1998 Replaced by Metro Tasmania Act 1997 and Metro Tasmania (Transitional and Consequential Provisions) Act 1997. New legislation was assessed under gatekeeper provisions. Major review in progress. Repealed and replaced by the Mineral Resources Development Act 1995. This Act is currently under review. To be included in the 1999 Legislation Repeal Bill. 1997 Mining Act 1929 DIER Mock Auctions Act 1973 1997 DOJ 1998 Motor Accidents (Liabilities and Compensation) Act 1973 MAIB ME, CC. A person must not carry out mining operations other than on their own land unless holding a lease or authorised under a mineral tenement. ME, CC. Provides for the issuing of prospecting, retention, mining, water and easement licenses and leases, providing substantial rights over unoccupied land. Prospecting licences for private land provide certain rights over private land. CC. Prohibits auctions whereby it is a normal auction, but items are sold at a price lower than the highest bid, i.e. no kick backs allowed. ME, CC. Prohibits the driving of a motor vehicle on a public road unless a third party insurance premium has been paid. Provides the Motor Accidents Insurance Board (MAIB) with a monopoly on the provision of compulsory third party insurance. Mount Cameron Water Race Act 1926 DIER Major review complete and Government has accepted the review recommendations. The Motor Accidents Insurance Board is to remain the monopoly provider of CTP insurance. Repealed by the Legislation Repeal Act 1998. 1997 Repealed by the Legislation Repeal Act 1998. Mount Dundas and Zeehan Railway Act 1890 DIER This Act contains a legislated restriction on competition as part of a legislative scheme governing water rights to the Rushy Lagoon property. Not originally listed for review. ME, CC. The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway. 181 Legislation Review Compendium Description/Comment on Review Repealed by the Legislation Repeal Act 1998. Repealed by the Legislation Repeal Act 1996. Review complete Review/Reform progress Name of legislation Agency Mount Dundas and Zeehan Railway Act 1891 1996 DIER Review scheduled 1997 Mount Lyell and Strahan Railway Act 1892 1996 1996 DIER DIER Mount Lyell and Strahan Railway Act 1893 Mount Lyell and Strahan Railway Act 1896 DIER Repealed by the Legislation Repeal Act 1996. Repealed by the Legislation Repeal Act 1996. Mount Lyell and Strahan Railway Act 1898 1996 1998 DIER 1996 Repealed by the Legislation Repeal Act 1996. DIER Mount Lyell and Strahan Railway Act 1900 Mount Read and Rosebery Mines Limited Leases Act 1916 DIER Repealed by the Legislation Repeal Act 1996. Legislation to repeal this Act is currently before Parliament. National Parks and Wildlife Act 1970 DPIWE 1997 1996 Minor review underway. Repealed by Northern Regional Water (Arrangements) Act 1997. North Esk Regional Water Act 1960 DPIWE ME, CC. The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway. ME, CC, PSI. Provides the company with the power to construct a railway through public and private lands. Specifies quality levels to be met in the construction of the railway. PSI. Specifies railway construction standards to be met by this railway. ME. Provides the company with the power to alter the course of the railway through public and private lands. It provides the company with greater rights of acquisition than is available to other companies under the law. CC. Restricts the ability of the company to set freight rates. As a monopoly provider of rail services to Strahan the Government empowered itself to oversee the private freight fees charged by the company. ME. Provides the company with an extension to its rights over public and private lands. ME. The Act authorises the issue of special leases and licences to the Company in order for it to acquire “a more certain tenure of the lands, water and other rights”. The Company has sole rights to timber on any lands in the lease. ME. Provides for conditions to be placed on the commercial use of crown land and limits the number and type of licenses that can be issued. ME. Provides the Rivers and Water Supply Commission with the exclusive right to supply certain “water districts” from waterworks vested in the Commission. 182 7 Tasmania Description/Comment on Review Repealed under Legislation Repeal Act 1996. Repealed under Legislation Repeal Act 1996. Repealed by North West Water (Arrangements) Act 1997 in 1998. New Act assessed under gatekeeper provisions. Repealed and replaced by Plant Quarantine Act 1997. New legislation assessed under gatekeeper provisions. Expected to be replaced by new legislation. New provisions to be assessed under gatekeeper provisions. Review complete Review/Reform progress Name of legislation Agency North Mount Lyell and Macquarie Harbour Railway Act 1897 1996 DIER Review scheduled 1996 North Mount Lyell Mining and Railway Act 1901 1996 DIER North-West Regional Water Act 1987 DPIWE Noxious Insects and Molluscs Act 1951 DPIWE Noxious Weeds Act 1964 DPIWE Nursing Act 1987 DHHS ME, CC, PSI. Provides the company with the power to construct a railway through public and private lands. Specifies quality levels to be met in the construction of the railway. ME, CC. Provides the company with more land for its railway and retrospectively approves certain new railway constructions. Specifies the conduct and form of leasing arrangements that the company can enter into. ME. Provides that the North West Regional Water Authority may take water from specified places. Provides that the Authority shall supply municipalities in the Water District with water and that municipalities will not obtain water in bulk from elsewhere. CC, EGS, ND, (NC). Prohibits the importation into Tasmania of any noxious insect or mollusc, except for scientific purposes and with the prior approval of the Minister. Prohibits the sale of any infested animal or good. Protection of plant resources from the introduction of a disease, organism, variety or disorder. CC, EGS, ND, (NC). Provides for the declaration of “infected areas” and prohibits the movement of plants and animals from that area. Prohibits the importation of banned weeds and unidentified plants. Controls the importation of seeds, aquatic plants and animals. Protection of plant resources from the introduction of a disease, organism, variety or disorder. ME, ND, (CI). Sets out the qualifications necessary for persons to be registered or enrolled as nurses. ME, ND, (CI). Sets out the qualifications necessary for persons to be registered or enrolled as nurses. 1998 Nursing Act 1995 DHHS Repealed and replaced by Nursing Act 1995. New legislation is on LRP timetable. Government has approved the repeal of the restrictive provisions of the Act relating to advertising. 183 Legislation Review Compendium Description/Comment on Review Review underway. Review scheduled 1999 Review complete Review/Reform progress Name of legislation Agency Optometrists Registration Act DHHS 1994 1998 Partnership Act 1891 DOJ ME, CC, ND, (CI). Requires optometrists to be registered. Restricts the ownership of optometry practices, advertising and the dispensing of optical appliances. CC. Defines the rights and obligations of partnerships and partners. Places restrictions on partners competing with the partnership. Pawnbrokers Act 1857 DOJ ME, CC. Prohibits persons acting as pawnbrokers without a licence. Restricts the conduct of pawnbrokers. 1999 Pesticides Act 1968 DPIWE Petroleum (Submerged Lands) Act 1982 DIER 1999 1998 Petroleum Products Emergency Act 1994 DOP ME, CC, PSI, ND, (NC). Provides for the registration of pesticides and prohibits their sale unless registered. Prohibits the sale of foodstuffs that contain pesticide residue above the permitted tolerance. Controls the packaging, labelling and use of pesticides. ME, ND, (NC). Requires licences for the production of petroleum and the construction and operations of pipelines. Requires retention leases for petroleum. ME, CC. Provides for the licensing and prohibition of sale of petroleum products and the rationing of petroleum sales in an emergency. Minor review complete and retention of restrictions justified as being in the public benefit. Restrictions apply to the ability of partners to compete with their partnerships. Repealed by Second-Hand Dealers and Pawnbrokers Act 1994, which is scheduled for review. Repealed by the Agricultural and Veterinary Chemicals (Control of Use) Act 1995, which is part of a national review. National review underway. Issues paper released in November 1999. Not for review. Legislation provides that any restrictions must be in public benefit, therefore no further justification of provisions is considered necessary. 184 7 Tasmania Description/Comment on Review ME, CC, ND, (CI). Requires pharmaceutical chemists to be registered and restricts advertising, the selling of medicines, the recording of prescriptions and so on. Review scheduled Review/Reform progress Name of legislation Agency Pharmacy Act 1908 DHHS Review complete Jan 1998 Physiotherapists Registration Act 1951 DHHS ME, CC, ND, (CI). Requires physiotherapists to be registered and restricts various forms of advertising. 1997 Plant Diseases Act 1930 DPIWE National review underway, discussion paper released. A State-based review, which did not address ownership issues (being addressed nationally), was completed Jan 1998. This Act to be replaced by new legislation. New legislation being drafted to replace existing Act. New Act to be assessed under gatekeeper provisions To be repealed by Plant Quarantine Act 1997, which is to assessed under gatekeeper provisions. Act passed but not proclaimed. To be repealed and replaced by new legislation under gatekeeper provisions. Plant Protection Act 1994 DPIWE Plumbers and Gas-fitters Registration Act 1951 DIER 1997 Review near completion, a final report is being prepared, Podiatrists Registration Act 1974 DHHS CC, EGS, ND, (NC). Provides for the Governor to prohibit the introduction into Tasmania of any plant that is likely to introduce any disease or noxious organism. Prohibits the movement and export of diseased plants. Protection of plant resources from the introduction of a disease, organism, variety or disorder. CC, EGS, ND, (NC). Provides that the Minister may prohibit the sale of anything found in an “infested area” and may prohibit any article, goods or material from being imported into Tasmania. Prohibits exportation of diseased plants unless in accordance with restrictions. Protection of plant resources from the introduction of a disease, organism, variety or disorder. ME. Requires that plumbers and gas-fitters be registered. Prohibits plumbing and gas-fitting work by unregistered persons. ME, CC, ND, (CI). Requires podiatrists to be registered and restricts various forms of advertising. ME, CC, ND, (CI). Requires podiatrists to be registered and restricts various forms of advertising. 1998 Podiatrists Registration Act 1995 DHHS Repealed and replaced by Podiatrists Registration Act 1995. Review is nearing completion. 185 Legislation Review Compendium Description/Comment on Review ME, CC, PSI, ND, (NC). Requires the licensing of manufacturing and wholesale chemists, and restricts the sale or supply of narcotic or prohibited substances. Prohibits the sale of new drugs until they are classified. Essential provisions to prohibit the widespread use of potentially dangerous substances such as drugs. ME. Requires the licensing of tanners, motor racing events, wood stacks, fund raising, money lending and boxing. ME. Imposes restrictions on commercial operations in the Port Arthur Historic Site area. 1998 1999 Review scheduled Review complete Review/Reform progress Name of legislation Agency Poisons Act 1971 DHHS Police Offences Act 1935 DOP Port Arthur Historic Site Management Authority Act 1987 PAHSMA Port Huon Wharf Act 1955 T&F National review underway. Expected completion June 2000. DHHS is drafting legislation to replace Poisons Act 1971 with two Bills dealing with licit and illicit drug use. New Acts to be assessed under gatekeeper provisions. Replacement legislation is being drafted. New Act to be assessed under gatekeeper provisions. Review deferred due to considerable management changes made following the Port Arthur tragedy. Preliminary work for review underway. Act repealed in 1997. 1999 1997 Repealed by the Legislation Repeal Act 1998. New registration legislation drafted to replace this Act. Primary Industry Activities Protection Act 1995 DPIWE Printers and Newspapers Act 1911 DOJ Psychologists Registration Act 1976 DHHS Contains legislation that restricts competition. Was not on original timetable for review. ME, CC. Provides legal protection from a claim of nuisance to established primary producers, but not to new ones entering the market. CC. Requires printed matter to carry printer’s name and address. Prohibits the sale of printed matter that does not bear printer’s name and address. ME, CC, ND, (CI). Requires psychologists to be registered. Restricts advertising by persons who are not registered psychologists without Board approval. Prevents a person other than a registered psychologist from using certain instruments or devices. 186 7 Tasmania Description/Comment on Review Review scheduled Review complete Review/Reform progress Name of legislation Agency Public Health Act 1962 DHHS Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 Racing Act 1983 1999 FT 1997 Repealed and replaced by Public Health Act 1997 and Food Act 1998. National review of food regulation complete. Repealed by Legislation Repeal Act 1995. DIER ME, CC, PSI, ND, (NC). Prohibits persons other than medical practitioners from treating patients suffering from certain diseases. The Act prescribes food labelling requirements and sets food standards. Requires the registration of, and sets standards for, food premises. ME. Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. ME, CC, ND, (NC). Provides for the licensing of thoroughbred horses and greyhounds and persons involved in this type of racing. Controls thoroughbred and greyhound racing in Tasmania. Racing and Gaming Act 1952 (except in relation to totalisator betting) DIER ME, CC. Requires the registration of bookmakers, bookmaker’s clerks, racing clubs and racecourses. Restricts race meetings, telephone sports betting, bookmaker betting activities and the appointment of officials. Prohibits proprietary racing. Limitations on the availability of gaming to minors. 1999 ME, CC, ND, (NC). Restrictions on totalisator betting. 1999 1999 T&F Racing and Gaming Act 1952 (in so far as it relates to minor gaming) Racing and Gaming Act 1952 (in so far as it relates to totalisator betting) T&F – DPIWE Radiation Control Act 1977 DHHS ME, CC. Prohibits unlicensed dealings with radioactive materials and electronic products. Enables requirements to be imposed on premises and requires the registration of certain products and materials. 1996 Review has been deferred until 1999 pending completion of a minor review of the State's gaming legislation. The Act will be reviewed in conjunction with racing components of the Racing and Gaming Act 1952. Review of the racing components has been deferred until 1999 pending completion of a minor review of the State's gaming legislation. The Act will be reviewed in conjunction with the Racing Act 1983. Minor review underway as part of a review of State gaming legislation. Racing components will be reviewed following completion of the review of the State’s gaming legislation. New legislation is being drafted and will be subject to LRP gatekeeper provisions. 187 Legislation Review Compendium Description/Comment on Review ME, CC, ND, (CI). Requires radiographers to be registered. Prevents persons carrying out radiographic procedures unless they are registered. Review scheduled Review complete Review/Reform progress Name of legislation Agency Radiographers Registration Act 1971 DHHS Railway Management Act 1935 DIER ME, CC. Gives the Transport Commission the power to issue licences to reopen abandoned railways. Exempts railway buildings from planning laws. 1997 1997 Railways (Transfer to Commwealth) Act 1975 1998 DIER New registration legislation covering radiation technologists is proposed to replace existing legislation, and is subject to gatekeeper provisions. To be repealed following proclamation of Rail Safety Act 1997. Since Government no longer owns any railways, Act is redundant. Repealed by the Legislation Repeal Act 1998. Railways Clauses Consolidation Act 1901 DIER CC. Establishes a price fixing regime, whereby rail freight charges cannot be set at a level higher than those applying to railways of the Commonwealth outside Tasmania. CC, PSI. Authorises the construction of railways or tramways and sets fares, construction standards, rates and charges. ME. Vests certain land to Renison Limited. 1997 Renison Limited (Zeehan Lands) Act 1970 Roads and Jetties Act 1935 DPIWE DIER Review deferred pending proclamation of the Rail Safety Act 1997, as the safety and access provisions will negate the need for this Act. Repealed by the Legislation Repeal Act 1998. Preliminary work for review underway. Act to be repealed by the Water Management Bill 1999. Rossarden Water Act 1954 DPIWE CC. Prohibits persons from moving vehicles or 1998 livestock so as to cross the side boundary of a limited access road without authority to do so. CC. Provides that the Fingal Council may use its power 1996 to supply water to the Aberfoyle Tin mine free of charge, effectively providing the company with a competitive advantage. 188 7 Tasmania Description/Comment on Review Restrictive provisions to be repealed by Legislation Publication Act 1996 in 1998. Review complete Review/Reform progress Name of legislation Agency Rules Publication Act 1953 DOJ Review scheduled 1997 Sale of Condoms Act 1987 DHHS 1998 Sale of Hazardous Goods Act 1977 1998 1998 1999 DOJ ME, PSI, AD. All Statutes and Statutory Rules to be sent to the Government Printer and shall be numbered, printed and sold by the Printer as prescribed. Provides administrative discretion to the Chief Parliamentary Council to appoint the Government printer. ME, CC, PSI. Requires the installers of condom vending machines to be licensed. Prohibits certain advertisements and the sale and supply of particular condoms. Requires that condoms meet certain standards. PSI, ND, (NC). Enables the prohibition of the sale of certain products that are determined to be hazardous. 1999 DPIWE This Act has been repealed. The standard of condoms falls under the provisions of the Therapeutic Goods and Cosmetics Act 1976. Originally expected to be national review, state review scheduled for 1999. Repealed by the Legislation Repeal Act 1998. Repealed by the Legislation Repeal Act 1998. To be incorporated into new legislation to replace the Dental Act 1982. The new legislation will be assessed under the gatekeeper provisions. Repealed by Second-Hand Dealers and Pawnbrokers Act 1994, which is scheduled for reviewed Salt-water Salmonid Culture (Supplementary Agreements Validation) Act 1992 Salt-water Salmonid Culture Act 1985 DPIWE School Dental Therapy Service Act 1965 DHHS ME. The Act amends the Joint Venture Agreement, which gives SALTAS a monopoly on the production of salmon smolt. ME. The Act ratifies the Joint Venture Agreement, which gives SALTAS a monopoly on the production of salmon smolt. ME, CC. Sets conditions under which dental therapists can practice, for example, they can only treat children up to 16 years. Outlines the limited range of duties that can be performed by dental therapists and limits their practice to the public sector. ME, CC. Prohibits persons acting as second-hand dealers without a licence. Restricts the conduct of second-hand dealers. Second-hand Dealers Act 1905 DOJ 189 Legislation Review Compendium Description/Comment on Review Review complete Review/Reform progress Name of legislation Agency Second-hand Dealers and Pawnbrokers Act 1994 DOJ Review scheduled 1999 Securities Industry (Application of Laws) Act 1981 and Securities Industry (Tasmania) Code DOJ CC. Requires a person seeking to commence business as a second-hand dealer or pawnbroker to notify the nearest police station of their intention. Persons may be prohibited (negatively licensed) from operating as second-hand dealers or pawnbrokers. Part of a suite of legislation that regulated companies prior to the introduction of the Corporations (Tasmania) Act 1990. No effect except in relation to breaches prior to Corporations (Tasmania) Act 1990. The Australian Securities Commission advises that they can not yet be repealed. 1999 Seeds Act 1985 DPIWE Review not required, as regulations do not restrict competition. No effect except in relation to breaches that occurred prior to introduction of the Corporations (Tasmania) Act 1990. Originally expected to be national review, state review scheduled for 1999. Sewers and Drains Act 1954 DPIWE PSI, EGS, ND, (NC). Prohibits the importation of certain seeds and the sale of seeds if the quality of those seeds is less than prescribed, or if they are mixed with other seeds in the wrong proportion or with seeds that are infected. ME, PSI. Specifies material and work standards for the construction and maintenance of sewerage works. Requires certain Council officers to hold certificates of qualification. 1998 1999 Shop Trading Hours Act 1984 DIER Stock (Brands and Movement) Act 1984 DPIWE CC. Stipulates that any business employing more than 250 people may not open on Sundays and certain other prescribed times. The Minister may declare certain days to be extended trading days. CC, ND, (CI). Imposes an obligation on all persons with cattle or sheep to brand them with registered earmarks. Pigs cannot be sold unless they are branded with a registered body tattoo. 1999 Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Review deferred to coincide with Government commitments made in relation to shop trading hours. State-based review. 190 7 Tasmania Description/Comment on Review Review scheduled Review complete Review/Reform progress Repealed and replaced by the Animal Health Act 1995, which is scheduled for review. Name of legislation Agency Stock Act 1932 DPIWE Stock, Wool, and Crop Mortgages Act 1930 1996 1997 1998 DOJ 1998 Substandard Housing Control Act 1973 DHHS New legislation being prepared to replace this Act. New Act to be assessed under gatekeeper provisions. Expected to be repealed. Repealed by the Sunday Observance (Repeal) Act 1997. Any restrictions to be repealed following review of the Land Surveyors Act 1909. Sunday Observance Act 1968 DIER Survey Co-ordination Act 1944 1997 DPIWE Tasmanian Government Insurance Act 1919 T&F ME, EGS, ND, (NC). Requires a licence for commercial artificial breeding. Enables the Minister to prohibit or restrict the movement of any animals into Tasmania from any other State. Protection of animal resources from the introduction of a disease, organism, variety or disorder. PSI. Provides for the registration of mortgages against stock, wool and crops by the Office of Consumer Affairs. Specifies what can be mortgaged and how it is to be done. PSI. Provides for the closure of substandard rental accommodation and for rental control over certain premises. CC. No person shall purchase, sell or negotiate the purchase of property on a Sunday. Certain other business activities are forbidden on a Sunday. ME, CC. Prohibits the erection of a structure, building or any other erection that is likely to be mistaken for a standard permanent mark on a mountain, hill or elevated land without the approval of the Surveyor-General. ME, CC, PSI. Establishes the Tasmanian Government Insurance Office and prohibits it from trading in life insurance. Specifies business practices and standards. ME, CC, ND, (NC). Provides for the registration of all harness racing trainers and drivers. Controls harness racing in Tasmania. Tasmanian Harness Racing Board Act 1976 DPIWE Tasmanian Public Finance Corporation Act 1985 T&F ME. Provides for the Treasurer to direct a State authority to exclusively source loans from Tascorp. 1998 To be repealed once transitional issues associated with sale of TGIO’s business are completed (after July 1999). Repealed and replaced by Racing Amendment Act 1997 as a result of the Racing Industry Review. New Act assessed under gatekeeper provisions as not restricting competition. Minor review underway. 191 Legislation Review Compendium Description/Comment on Review Review underway. Repealed by the Legislation Repeal Act 1996. Repealed by the Legislation Repeal Act 1996. Repealed by the Legislation Repeal Act 1998. Review complete Review/Reform progress Name of legislation Agency Taxi Industry Act 1995 1996 DIER Review scheduled 1999 T&F ME, CC, PSI, ND, (CI). Provides for the licensing of taxis and places restrictions on their operation. Limits the number of taxi licences available. CC. Provides financial assistance to extend the life of the mine and to establish a rehabilitation agreement. CC. Provides financial assistance to further extend the life of the mine and to ensure continuation of the rehabilitation agreement. 1997 1996 T&F T&F The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1985 The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1987 The Mount Lyell Mining and Railway Company Limited (Continuation of Operations) Act 1992 Therapeutic Goods and Cosmetics Act 1976 ME. Ratifies and implements a deed of variation with respect to the continuation of operations of a particular company. Grants to the company certain environmental degradation exemptions. PSI, ND, (NC). The Act provides for the control of therapeutic goods and cosmetics. DHHS Thomas Owen and Co. (Australia) Limited Act 1948 DPIWE ME. Provides a company with the right to take as much water as required at no cost and prohibits it from using that water to generate electricity. ME, CC. Prohibits trade in protected flora and fauna. Provides for protection orders prohibiting certain activities and exemptions from those orders. Specifies conduct of Government agencies, GBEs, authorities and bodies in relation to sustainable development. Essential provisions to protect native species or other classes of animals from extinction. 1998 To be replaced by a new Therapeutic Goods Bill, which will complement Commonwealth legislation. New legislation to be assessed under gatekeeper provisions. Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. 1999 Threatened Species Protection Act 1995 DPIWE 192 7 Tasmania Description/Comment on Review Review scheduled Review complete Review/Reform progress Repealed by Public Health Act 1997. 1996 Name of legislation Agency Tobacco Products (Labelling) Act 1987 DHHS Traffic Act 1925 DIER PSI. Prescribes regulations for the packaging of tobacco products and requires warning notices to be displayed on tobacco products. ME, CC. Provides for the licensing of public vehicles (cars, carriers, omnibuses, hire cars and charter buses) and for conditions to be placed on licences. Travel Agents Act 1987 DOJ ME, CC, ND, (NC). Requires travel agents to be licensed and defines what does and does not constitute the business of a travel agent. 1997 1998 Trustee (Insured Housing Loans) Act 1970 T&F Trustee Act 1898 DOJ T&F ME, CC. Prescribes the power to approve insurers and provides that trustees can only invest in a housing loan if that housing loan is insured by an approved insurer. CC. Regulates the types of investments that trustees can and cannot make. ME, CC. Restricts the establishment of Trustee Banks and provides a regulatory framework for Trustee Banks that can affect their competitive conduct. It also requires auditors of Trustee Banks to be registered auditors. Trustee Banks Act 1985 T&F 1998 Substantially reviewed. Anticompetitive provisions of Part III will be replaced by Passenger Transport Act 1997, Passenger Transport (Consequential and Transitional) Act 1997 and Traffic Amendment (Accreditation and Miscellaneous) Act 1997. Legislation to replace the remainder of the Act is being progressed. National review underway; coordinated by Western Australia. Issues paper released June 1999. Repealed by Trustee Amendment (Investment Powers) Act 1997. Restrictive provision replaced in 1997 with a 'prudent person' approach and assessed as nonrestrictive. Minor review complete and retention of restrictions justified as being in the public benefit. Restrictions relate to establishing and operating Trustee Banks. 193 Legislation Review Compendium Description/Comment on Review ME, CC, ND, (NC). Provides for the establishment of trustee companies. Prohibits specific actions in relation to loans. Prohibits trustee companies from engaging in any business unless expressly authorised in the Act. 1998 Review scheduled Review complete Review/Reform progress Name of legislation Agency Trustee Companies Act 1953 DOJ TT-Line Gaming Act 1993 T&F New uniform trustee companies legislation drafted by Standing Committee of Attorneys-General. Review underway with NSW as lead agency. Minor review underway as part of a review of State gaming legislation. Repealed by the Legislation Repeal Act 1998. United Milk Products Ltd (Amalgamation) Act 1981 DSD 1998 Universities Registration Act 1995 DE ME, CC. Grants a licence to a State shipping company to conduct gaming operations. Specifies how gaming is to be conducted and which games can be played. Limitations on the availability of gaming to minors. ME. Special Act to allow the amalgamation of two companies and two co-operative industrial societies into one single company. Not practicable under the Companies Act 1962; therefore this special Act was passed. ME, CC, ND, (NC). Requires institutions wanting to operate as universities to be registered and enables conditions to be imposed on their conduct. 1998 1998 Valuers Registration Act 1974 DPIWE ME, CC, ND, (CI). Requires valuers to be registered and specifies conduct that may result in de-registration, such as professional misconduct, taking excessive amounts of alcohol and drugs, suffering from a mental disorder or committing an offence. 1997 Minor review has been completed and restrictions, relating to the registration and accreditation of private universities, are to be retained as they are considered to be in the public benefit. Major review complete, recommendations soon to be progressed for Government consideration. Undertaken in conjunction with review of Land Valuation Act 1971. 194 7 Tasmania Description/Comment on Review ME, CC. These Acts sets out a railway agreement providing a competitive advantage to a particular company; gives authority to construct and operate a railway and prescribes the construction standards that must be met. Review complete Review/Reform progress Review deferred pending proclamation of the Rail Safety Act 1997, as the safety and access provisions will negate the need for these Acts. Name of legislation Agency Van Dieman’s Land Company’s Waratah and Zeehan Railway Act 1895, Van Dieman’s Land Company’s Waratah and Zeehan Railway Act 1896 and Van Dieman’s Land Company’s Waratah and Zeehan Railway Act 1948 Vermin Destruction Act 1950 1999 DIER Review scheduled 1998 DPIWE Veterinary Medicines Act 1987 DPIWE Originally expected to be national review, state review scheduled for 1999. Repealed Jan 1997 by the Agricultural and Veterinary Chemicals (Control of Use) Act 1995, which is scheduled for review. Originally expected to be national review, state review scheduled for 1999. Veterinary Surgeons Act 1987 DPIWE 1999 Vocational Education and Training Act 1994 DE 1999 Review commenced. Water Act 1957 DPIWE ME, EGS, ND, (SE). Prohibits the keeping and intrastate transportation or importation into Tasmania of vermin and rabbits without a permit. ME, PSI, ND, (NC). Provides for the registration of veterinary medicines, prohibits their sale unless they are registered and packaged in accordance with requirements. Requires animals treated with prescribed medicines to be marked in a manner approved by the Registrar. ME, CC, ND, (CI). Requires persons practising veterinary surgery or rendering a veterinary service to be registered. Specifies constraints on the formation of veterinary services companies and alters the legal obligations of veterinary surgeons employed by such companies. ME, PSI, ND, (NC). Requires training providers to be registered in order to offer accredited courses. Provides for compulsory training agreements for training undertaken in respect of a declared vocation. ME, CC, AD. Gives the Rivers and Water Supply Commission the power to allow or prevent persons from taking water from rivers and lakes. Prohibits the taking of water for irrigation without the authority of the Commission. Specifies water quality standards. 1998 Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. 195 Legislation Review Compendium Description/Comment on Review ME. Gives power to persons, authorised by special Acts to construct waterworks, to acquire land and to undertake various activities associated with the construction of such waterworks. 1998 Review complete Review/Reform progress Name of legislation Agency Waterworks Clauses Act 1952 DPIWE Review scheduled 1998 Wee Georgie Wood Steam Railway Act 1977 DIER Weights and Measures Act 1934 DOJ ME, CC. The Act sets out a railway agreement providing a competitive advantage to a particular company. It gives the authority to construct and operate a railway and prescribes the construction standards that must be met. ME, CC, PSI, ND, (NC). Requires the licensing of weigh bridges and public weigh bridge operators. Specifies requirements for pre-packed articles and other products. ME. Imposes restrictions on commercial operations in the Wellington Park area. 1998 Wellington Park Act 1993 DPIWE Wesley Vale Pulp and Paper Industry Act 1961 FT ME. Ratifies a financial agreement providing a particular company with a competitive advantage, potentially acting to restrict competition. 1998 Whales Protection Act 1988 DPIWE 1998 Workers’ (Occupational Diseases) Relief Fund Act 1954 DIER ME, CC, ND, (CI). Requires a permit to trade in any whale products, or to take/interfere with whales. ME, CC. Compels employers in certain industries to contribute to the Workers (Occupational Diseases) Relief Fund. Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Review deferred pending proclamation of the Rail Safety Act 1997, as the safety and access provisions will negate the need for this Act. New legislation to be introduced in 1998 to provide for State-based uniform trade measurement. New Act to be assessed under gatekeeper provisions. Due date of review deferred until 1999 to coincide with completion of review of National Parks and Wildlife Act 1970. Being reviewed as part of COAG reform agenda for water industry. New legislation will be assessed under the gatekeeper provisions. Preliminary work for minor review underway. Review not required. Restrictive components repealed by Workers’ Compensation Legislation Amendment Act 1993. 196 7 Tasmania Description/Comment on Review ME, CC, PSI. Compels employers to take out insurance and provides for the compulsory licensing of insurers. Establishes employers’ liability to compensate workers, specifies levels of compensation and specifies the requirement for medical practitioners to be accredited. Review complete Review/Reform progress Name of legislation Agency Workers’ Rehabilitation and Compensation Act 1988 DIER Review scheduled 1998 Workplace Health and Safety Act 1995 DIER ME, CC, PSI. Establishes a code of practice with respect to workplace health and safety. Sets health, safety and welfare standards. Regulates workplaces and work practices. Wynyard Airport (Special Provisions) Act 1982 DIER ME. Provides for the granting of a lease or licence to use any part of the land, buildings or structures of the airport. 1998 Joint Select Committee examining need for reform of legislation, report submitted in May 1998. Additionally, Labour Ministers’ Council coordinating a national review of workers’ compensation arrangements. Review deferred pending outcome. Labour Ministers’ Council reviewed National Occupational Health and Safety Commission and agreed to change in its direction and a new role in relation to approval of OH&S standards. Review options to be developed after considering reforms to NOHSC. Repealed by Port Companies Act 1997. 197