8 Australian Capital Territory 8.1 Guide to the Australian Capital Territory legislation review schedule Legislation review The ACT legislation review schedule presents a summary of the regulatory review processes occurring within the ACT, including an integrated review timetable and details of progress to date with implementing review recommendations. A total of 252 Acts - including several pieces of NSW legislation which have application in the Territory – are scheduled for review. In October 1997, the ACT Government published the National Competition Policy: Practices and Procedures Manual to assist Departments to meet their NCP obligations in the review of legislative restrictions. The ACT Government has combined its National Competition Policy reviews and other reviews where appropriate. Legislation reviews which do not include a NCP component are not reported here. Further information concerning the legislation review schedule or the review process in general can be obtained from the ACT Microeconomic Reform Section. Progress to 31 December 1998 The ACT had scheduled some 181 reviews to be completed by the NCP second tranche assessment. However, in 20 cases, review was deemed unnecessary, the legislation had been repealed or found to have no significant restrictions on competition. Of the remaining 161 reviews, 56 had been completed and 43 reviews were currently underway. Three third tranche reviews were commenced ahead of schedule. The Government announced its response to 36 reviews, repealing 35 pieces of legislation. Significant decisions include: • • • Repeal of the Trading Hours Act 1962, which removed restrictions to Monday to Sunday trading hours, and retained only minimal restrictions on shop trading. Amendments to legislation, following review of racing codes, ensured persons were not excluded from market entry or from accessing racing infrastructure. Reforms to the Milk Authority Act 1971, to be phased in over 2 years, eliminated subsidies and removed exclusive geographic distribution franchises. 199 Legislation Review Compendium 8.2 Abbreviations The following abbreviations are used in the ‘Agency’ column of the Australian Capital Territory legislation review timetable. CMD CTP DECS DHCC DTI JACS US Chief Minister’s Department Compulsory Third Party Department of Education and Community Services Department of Health and Community Care Department of Treasury and Infrastructure Department of Justice and Community Safety Urban Services Where the year in which a review is scheduled to commence is followed by “/1” or “/2” in the ‘Date of review’ column it indicates that the review is scheduled to commence in the first or second half of the year, respectively. 200 8 Australian Capital Territory 8.3 Legislation review schedule: Australian Capital Territory Agency Intra–departmental review. Minor issues. Intra-departmental review. Targeted public review. Not applicable Intra–departmental review. Minor issues. 1998/2 Not applicable 1998/2 No review scheduled Not applicable 1999/1 Review/Reform progress Subject to a national law reform exercise. Review not required. Act assessed as not restricting competition. Preliminary work for review underway. Repealed by Environment Protection Act 1997. Draft review has been completed. Description/Comment on review Review scheduled Review complete Name of legislation Administration and Probate Act 1929 JACS Adoption Act 1993 - except subsections 104(2) and 109(2) DECS Agents Act 1968 JACS Air Pollution Act 1984 US Anglican Church of Australia Trust Property Act 1917 - New South Wales legislation in its application in the Territory Intra–departmental review. 1998/2 JACS Anglican Church of Australia Trust Property Act 1928 - New South Wales legislation in its application in the Territory Intra–departmental review. JACS Draft review has been completed. Animal Diseases Act 1993 US 1999/1 Intra–departmental review. 1999/2 Review in progress. Joint review with Pounds Act 1928 and Stock Act 1991. Interim Report released. Animal Welfare Act 1992 US 201 Legislation Review Compendium Name of legislation Not applicable . Not applicable No review scheduled Not applicable Not applicable Not applicable No review scheduled Not applicable Act renamed Annual Leave Act 1973. Review not required. No competition restrictions. Act bestows employee benefits. Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Annual Holidays Act 1973 US Annual Leave Act 1973 US Apiaries Act 1928 US Not applicable Act repealed in March 1997 and replaced by an amendment to the Animal Diseases Act. Subsequent amendment currently under consideration in the Legislative Assembly. National review of legislation regulating architects commenced by Productivity Commission in November 1999. Preliminary work for review underway. Preliminary work for review underway. Architects Act 1959 US National review 1999/1 Associations Incorporation Act 1991 Intra–departmental review. Minor issues. 1999/1 Nor review scheduled Intra-departmental review. No review scheduled JACS Intra–departmental review. Minor issues. 1999/1 Auctioneers Act 1959 JACS Australian–American Educational Foundation Act 1966 JACS Not applicable Not applicable Act to be repatriated to the Commonwealth. Review not required. Act assessed as not restricting competition. Bank Mergers Act 1997 DTI 202 8 Australian Capital Territory Agency Targeted public review. 1999/1 Review/Reform progress Draft report has been completed. The Act has been reviewed as part of the ACTTAB and Bookmakers legislation review. Draft review completed August 1999. Preliminary work for review underway. Review is on hold as related developments at a national level are progressed. Name of legislation Description/Comment on review Review scheduled Review complete Betting (ACTTAB Limited) Act 1964 Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Intra-departmental review. Section 3 limits the conduct of the Red Cross Society. Section 5 confers benefit on the society. Intra-departmental review. 1998/2 1999/2 1999/1 1999/1 DTI Birth (Equality of Status) Act 1988 JACS Births, Deaths and Marriages Registration Act 1997 JACS Blood Donation (Transmittable Diseases) Act 1985 DHCC Board of Senior Secondary Studies Act 1997 DECS Legislation is necessary to provide the Government approved function. Also being considered in school legislation review. Act will be reviewed as part of the ACTTAB legislation review. Draft report has been completed. Bookmakers Act 1985 DTI Targeted public review. Will form stage two of the development of consolidated racing and betting legislation. National review completed. 1999/1 Boxing Control Act 1993 DECS 1998/2 Recommendations from review to be considered by the Sport and Recreation Minister’s Conference in December 1999. ACT further action dependent on December meeting. 203 Legislation Review Compendium Name of legislation Targeted public review. 1999/2 Agency To be reviewed in conjunction with the Plumbers, Drainers and Gasfitters Board Act and the Electricity Act (licensing of electricians). Review focused on regulation of building occupations Not applicable Not applicable Description/Comment on review Review scheduled Review complete Review/Reform progress Building Act 1972 US Building and Services Act 1924 US Not applicable Not applicable Not applicable Part of the utilities legislation review under the lead of DTI. New legislation in preparation. Repealed by Land (Planning and Environment) (Amendment) Act (No.3 of 1996) as a result of implementation of the 1995 Stein report. Design and siting provisions incorporated into streamlined Development Application. Repealed in 1996 following an adverse High Court decision Buildings (Design and Siting) Act 1964 US Not applicable Business Franchise (“X” Videos) Act 1990 No review scheduled JACS No review scheduled Not applicable Not applicable Business Franchise (Liquor) Act 1993 CM Federal Court S90 decision, no further action. Business Franchise (Tobacco and Petroleum Products) Act 1984 CM Intra–departmental review. Minor issues. No review scheduled 1999/1 Not applicable Federal Court S90 decision, no further action. Preliminary work for review underway. Business Names Act 1963 JACS 204 8 Australian Capital Territory Agency The Act provides an exemption from Territory taxes and charges. Cabinet has decided that Canberra Institute of Technology taxation liability is to be reviewed by ACT Revenue Office. That review is expected to take place in the second half of 1998. Inter-departmental review. Targeted public review. Targeted public review. 1999/1 1997/2 1998 No review scheduled. Not applicable 1999/1 1999 Review complete. Act assessed as not restricting competition. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Canberra Institute of Technology Act 1987 DECS Canberra Tourism and Events Corporation Act 1997 CM Review not required. Act assessed as not restricting competition. Completed as part of the gambling legislation review. Review in progress. Joint review with Cremation Act 1966. Issues and Options Paper released. Casino Control Act 1988 DTI Cemeteries Act 1933 US DHCC (s16(b)) Full public consultation. 1997/2 1999 Children’s Services Act 1986 DECS Review complete. Act assessed as not restricting competition. Replacement Bill, the Children and Young People Bill 1999 passed in Legislative Assembly on 21 October 1999. 1999/2 Review in progress. Joint review incorporating all health professional registration Acts. Chiropractors and Osteopaths Act 1983 DHCC Targeted public review. 205 Legislation Review Compendium Name of legislation Joint jurisdictional review. 1999/1 Part of a national regulatory scheme. Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Intra-departmental review. Intra-departmental review. 1996 1998/2 Review in progress. JACS Clinical Waste Act 1990 US Co-operative Societies Act 1939 DTI Review complete. The Act has been amended to reflect a consistent national approach. Review in progress. Joint review with Hawkers Act 1936. Encompassed by stage 2 of the Legal Practitioner Acts review. Draft report has been completed . Collections Act 1959 Intra–departmental review. Minor issues. Integrated Business and Consumer Code. Intra-departmental review. Section 27 confidentiality and Part V, VI invest powers. Intra-departmental review. 1999/2 1997/2 1998/2 US Targeted public review. 1999/2 Commercial Arbitration Act 1986 JACS Common Carriers Act 1902 - New South Wales legislation in its application in the Territory JACS Community and Health Services Complaints Act 1993 DHCC Scoping exercise commenced - review expected to be completed early 2000. No review scheduled No review scheduled Not applicable Not applicable Review not required. Act assessed as not restricting competition. Registered Societies model legislation adopted nationally. Companies (Commonwealth Brickworks (Canberra) Limited) Act 1979 CM Companies (Registered Societies) Ordinance 1990 CM 206 8 Australian Capital Territory Agency No review scheduled Intra–departmental review. Minor issues. Joint jurisdictional review. Joint jurisdictional review. Integrated Business and Consumer Code. Intra–departmental review. Minor issues. Intra-departmental review. National review. Targeted public review. 1998/2 No review scheduled 1999/1 1998/2 1999 Not applicable 1999/1 To be scheduled To be scheduled 1999/1 Part of a national regulatory scheme. Part of a national regulatory scheme. Draft report has been completed. Not applicable Registered Societies model legislation adopted nationally. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Companies Auditors and Liquidators Disciplinary Board Ordinance 1982 CM Consumer Affairs Act 1973 JACS Consumer Credit (Administration) Act 1996 JACS Consumer Credit Act 1995 JACS Contractors’ Debts Act 1897 New South Wales legislation in its application in the Territory JACS Coroners Act 1997 JACS Encompassed by stage 2 of the Legal Practitioner Acts review. Review complete. Government response agreed. Act to be repealed. Review not required. Legislation substantially repealed. Review in progress. Joint review with Cemeteries Act 1933. Issues and Options Paper released. Cotter River Act 1914 US Credit Act 1985 JACS Cremation Act 1966 US 207 Legislation Review Compendium Name of legislation Intra–departmental review. Minor issues. Targeted public review. Targeted public review or jointjurisdictional review with NSW (to be agreed). Targeted public review or joint- To be jurisdictional review with NSW determined (to be agreed). Possible national review. Commercial & Law Reform Group Review. Targeted public review. 1999/2 Review in progress. Joint review incorporating all health professional registration Acts. Targeted public review. Restrictions on competition throughout Act. 1999/2 Review in progress. Joint review incorporating all health professional registration Acts. No review scheduled Not applicable To be determined No review scheduled Not applicable 1998/2 Review underway. Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Crown Proceedings Act 1992 JACS Cultural Facilities Corporation Act 1997 CM Review not required. Act assessed as not restricting competition. To be reviewed in conjunction with the Dangerous Goods Act 1984. Note that the ACT legislation calls up the NSW Act. To be reviewed in conjunction with the Dangerous Goods Act 1975 (New South Wales). Note that the ACT legislation calls up the NSW Act. Scheduled for repeal in 1999. Dangerous Goods Act 1975 - New South Wales legislation in its application in the Territory US Dangerous Goods Act 1984 US Defamation Act 1901 - New South Wales legislation in its application in the Territory JACS Dental Technicians and Dental Prosthetists Registration Act 1988 DHCC Dentists Act 1931 DHCC 208 8 Australian Capital Territory Agency Intra-departmental review. S6 and S7 grant conditions that may restrict competition. Intra–departmental review. Minor issues. Intra–departmental review. Intra–departmental review. Minor issues. National review. Restrictions on competition throughout Act. Intra–departmental review. Legislation Review Committee established in 1998. Public consultation completed and being assessed. Inter-departmental review. 1999/2 1998/2 No review scheduled 1999/2 Not applicable 1999/1 1999/1 1999/1 1999/2 Review/Reform progress Preliminary scoping exercise commenced review to be finalised in early 2000 Preliminary work for review underway. Encompassed by stage 2 of the Legal Practitioner Acts review. Preliminary work for review underway. National review in progress - final report due June 2000. Review not required. Act assessed as not restricting competition. Recommendations from Review Committee in relation to legislation are expected in mid 2000. Act mirrors Commonwealth legislation, which has recently been reviewed. Provisions have been extended until 2001. ACT complies with the Commonwealth legislation. 1999/1 Preliminary work for review underway. Name of legislation Description/Comment on review Review scheduled Review complete Disability Services Act 1991 DHCC Discrimination Act 1991 JACS Domestic Relationships Act 1994 JACS Door-to-Door Trading Act 1991 JACS Drugs of Dependence Act 1989 except sections 123 and 140 DHCC Earnings (Assignment and Attachment) Act 1966 JACS Education Act 1937, Schools Authority Act 1976, Public Instruction Act 1880, and Free Education Act 1906 DECS Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994 DECS Electoral Act 1992 JACS Intra-departmental review. 209 Legislation Review Compendium Name of legislation Not applicable Not applicable Not applicable Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Part of the utilities legislation review under the lead of DTI . New legislation in preparation. Electricity Act 1971 - utilities regulation US Electricity Act 1971 - electricians licensing US Targeted public review 1999/2 Provisions for licensing of electricians to be reviewed separately as part of review of regulation of building occupations in conjunction with Building Act 1972 and the Plumbers, Drainers and Gasfitters Board Act 1982. Review in progress. Joint review with Protection of Lands Act 1937, Recovery of Lands Act 1929 and Trespass on Territory Land Act 1932. Not applicable Part of the utilities legislation review under the lead of DTI. New legislation in preparation. Enclosed Lands Protection Act 1943 US Inter-departmental review. 1999/1 Energy and Water Act 1988 US Not applicable Not applicable DTI (Pts I & VII) Enforcement of Public Interests Act 1973 Not applicable JACS Inter-departmental review. No review scheduled Not applicable Not applicable Not applicable Review not required. Act assessed as not restricting competition. Part of the utilities legislation review under the lead of DTI . New legislation in preparation. Essential Services (Continuity of Supply) Act 1992 US 210 8 Australian Capital Territory Agency Full public review. Possible national approach. Full public review. Possible national approach. Targeted public review. Minor issues. Intra–departmental review. Minor issues. 1998/2 1999/1 1999/1 No review scheduled Not applicable Legislation repealed. Preliminary work for review underway. Preliminary work for review underway. Draft review has been completed. 1997/1 Preliminary work for review underway. Related Act repealed. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Fair Trading (Fuel Prices) Act 1993 JACS Fair Trading (Petroleum Retail Marketing) Act 1995 JACS Fair Trading Act 1992 JACS Family Provision Act 1969 JACS Fertilizers Act 1904 - New South Wales legislation in its application in the Territory Not applicable Intra-departmental review. No review scheduled No review scheduled National review. 1996 Not applicable Not applicable Not applicable JACS Financial Institutions (Application CM of Laws) Act 1992 To be repealed within 18 months of Wallis Inquiry. Centralised Commonwealth supervision of financial institutions. Review not required. Act assessed as not restricting competition. To be repealed within 18 months of Wallis Inquiry. Centralised Commonwealth supervision of financial institutions. Review complete. Act amended to reflect a consistent national approach. Part of a national regulatory scheme. Financial Institutions (Removal of Discrimination) Act 1997 CM Financial Institutions (Supervisory Authority) Act 1992 CM Financial Institutions Duty Act 1987 DTI Firearms Act 1996 JACS 211 Legislation Review Compendium Name of legislation Not applicable Not applicable 1999/2 Not applicable Agency Existing Act to be repealed. New legislation - Fishing Bill 1999 - currently being drafted. National review complete. Recommendations under consideration. Recommendations from Review Committee in relation to legislation are expected in mid 2000. Preliminary work for review underway. Not applicable 1998 Review not required. No competition restrictions. Act establishes emergency rationing powers. Description/Comment on review Review scheduled Review complete Review/Reform progress Fishing Act 1967 US Food Act 1992 DHCC National review. Restrictions on competition throughout the Act. Legislation Review Committee established in 1998. Public consultation completed and being assessed. Intra–departmental review. Minor issues. Not applicable No review scheduled 1997/1 1999/1 1998/2 Free Education Act 1906 DECS Freedom of Information Act 1989 JACS Fuels Control Act 1979 US Games Wagers and Bettinghouses Act 1901 - New South Wales legislation in its application in the Territory Targeted public review. DTI Targeted public review. Review complete. Act part of the gambling legislation review. Gaming and Betting Act 1906 (New South Wales legislation in its application in the Territory) Targeted public review. DTI 1997/1 1998 Review complete. Act part of the gambling legislation review. 1997/1 1998 Review complete. Act part of the gambling legislation review. Gaming Machine Act 1987 DTI 212 8 Australian Capital Territory Agency Not applicable Inter–departmental review. Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Targeted public review. 1999/2 1999/1 1999/1 1996 1998 Review complete. Encompassed by stage 2 of Legal Practitioner Acts review. Preliminary work for review underway. Review in progress. Joint review with Collections Act 1959. Not applicable Not applicable Act repealed as part of the national gas reform agenda. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Gas Act 1992 US Gas Levy Act 1991 DTI Government Solicitor Act 1989 JACS Guardianship and Management of Property Act 1991 JACS Hawkers Act 1936 US DHCC (s8A) Intra-departmental review. The Act places some restrictions on the conduct of public health facilities and health professionals such that restrictions on competition could occur. Intra-departmental review. Sections 8 & 9 of Part 11 could be regarded as restricting competition. 1999/2 1999/2 Preliminary scoping exercise commenced to be finalised early 2000. Health Act 1993 DHCC Health and Community Care Services Act 1996 DHCC Preliminary scoping exercise commenced review to be finalised early 2000. 213 Legislation Review Compendium Name of legislation Intra-departmental review. The Act limits the functions to which board monies can be applied. This could restrict competition. Intra-departmental review. Limited restrictions on competition. Not applicable Not applicable Not applicable 1999/2 1999/2 Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Preliminary scoping exercise commenced review to be finalised in early 2000. Health Promotion Act 1995 DHCC Health Records (Privacy and Access) Act 1997 DHCC Preliminary scoping exercise commenced review to be finalised in early 2000. Following the decision to develop new legislation for the regulation of heritage matters, The Act has been withdrawn from the NCP program. It will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the Regulatory Impact Statement. Not applicable Legislation audit revealed no competitive restrictions. National review agreed at officer level. Recommendation to be considered by Ministers. Heritage Objects Act 1991 US Hotel School Act 1996 Possible national review To be determined 1999/2 CM Targeted public review. No review scheduled Housing Assistance Act 1987 US Inebriates Act 1900 - New South Wales legislation in its application in the Territory DHCC Sections 10 & 14 could restrict competition by licensing and regulating institutions. Not applicable - no review required To be reviewed in conjunction with the Intoxicated Persons Act 1994. No review scheduled Not applicable Inebriates Act 1938 DHCC 214 8 Australian Capital Territory Agency Integrated Business and Consumer Code. 1997 Draft report has been completed. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Innkeepers’ Liability Act 1902 New South Wales legislation in its application in the Territory Intra–departmental review. Intra-departmental review. The Act contains licensing provisions that could restrict competition. Intra-departmental review. Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Targeted public review. Intra-departmental review. Full public inquiry. 1999/2 No review scheduled 1999/1 Not applicable 1999/1 1998/2 No review scheduled Not applicable 1999/2 No review scheduled Not applicable JACS Review complete. Act should be repatriated back to the Commonwealth. Institute for the Study of Man and Society Incorporation Act 1968 JACS Intoxicated Persons (Care and Protection) Act 1994 DHCC Judgment Creditors Remedies Act 1933 JACS Review not required. Act assessed as not restricting competition. Preliminary work for review underway. Preliminary work for review underway. To be reviewed in conjunction with the Public Parks Act. Review not required. Act assessed as not restricting competition. Review in progress. Judiciary (Stay of Proceedings) Act 1933 JACS Juries Act 1967 JACS Lakes Act 1976 US Land (Planning and Environment) Act 1991 - Division 4A of Part VI JACS Land (Planning and Environment) Act 1991 - Parts V & VI (grants of land and development approval processes) US 215 Legislation Review Compendium Name of legislation Not applicable Not applicable Not applicable Agency Following the decision to develop new legislation for the regulation of heritage matters, this Act has been withdrawn from the NCP program. It will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the Regulatory Impact Statement. Review in progress. Joint review with the Lands Acquisition Act 1994. Preliminary work for review underway Preliminary work for review underway. Not applicable Not applicable 1999/1 Review complete. Act repealed by Residential Tenancies Act 1997. Review complete. Act repealed by Residential Tenancies Act 1997. Description/Comment on review Review scheduled Review complete Review/Reform progress Land (Planning and Environment) Act 1991 - Part III (heritage provisions) US Land Acquisition (Northbourne Oval) 1996 Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. No review scheduled No review scheduled Targeted public review. 1999/1 1999/1 US Targeted public review. 1999/1 Land Titles (Unit Titles) Act 1970 JACS Land Titles Act 1925 JACS Landlord and Tenant Act 1899 New South Wales legislation in its application in the Territory JACS Landlord and Tenant Act 1949 JACS Lands Acquisition Act 1994 US Review in progress. Joint review with the Land Acquisition (Northbourne Oval) 1996 Act. 1998/1 1998 Review complete. Act assessed as not restricting competition. Law Reform (Manufacturers Warranties) Act 1977 JACS Intra-departmental review. 216 8 Australian Capital Territory Agency Intra-departmental review. Intra-departmental review. Intra–departmental review. Minor issues. Targeted public review. Public benefit tests and extensive public consultation have been conducted on this issue in other jurisdictions. Intra–departmental review. Minor issues. Intra-departmental review. Public benefit tests and some public consultation have been conducted on this issue in other jurisdictions. Intra–departmental review. Minor issues. Targeted public review. 1997/1 1999/1 1999/2 1998/1 1998/1 1998/2 1999/1 1999/1 Encompassed by stage 2 of the Legal Practitioner Acts review. Terms of Reference have been established. Options paper ready for public release. 1998/1 1998 Review complete. Act assessed as not restricting competition. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Law Reform (Misrepresentation) Act 1977 JACS Lay-by Sales Agreements Act 1963 JACS Legal Aid Act 1977 JACS Legal Practitioners Act 1970 JACS Legislation (Republication) Act 1996 JACS Draft report has been completed. Preliminary work for review underway. Liquor Act 1975 - except subsections 42E(2) and 42e(4) JACS Liquor Act 1975 - subsections 42E(2) and 42E(4) CM 1998 Review complete. Draft review has been completed. To be reviewed in conjunction with the Roads and Public Places Act 1937. Listening Devices Act 1992 JACS Litter Act 1977 US 217 Legislation Review Compendium Name of legislation Targeted public review. Not applicable No review scheduled 1997/1 Not applicable 1999/1 1998/2 Not applicable 1998 No t applicable 1999/1 Review commenced. Interim Report released. Review not required. No competition restrictions. Act bestows employee benefits. Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Long Service Leave (Building and Construction Industry) Act 1981 US Long Service Leave Act 1976 US Lotteries Act 1964 Not applicable Intra-departmental review. Minor issues. National review (Food legislation). Restrictions on business conduct. Intra–departmental review. Minor issues. Targeted public review. Possible national approach to review of professional registration. Restrictions on competition throughout the Act. 1999/1 1999/2 DTI Targeted public review. Review complete. Act part of gambling legislation review. Act repealed and replaced by Occupational Health and Safety (Amendment) Act 1997. Encompassed by stage 2 of the Legal Practitioner Acts review. Will be revoked subject to the carriage of the proposed uniform Food Act legislation. Machinery Act 1949 US Magistrates Court Act 1930 JACS Meat Act 1931 DHCC Mediation Act 1997 JACS Medical Practitioners Act 1930 DHCC Review in progress. Joint review incorporating all health professional registration Acts. 218 8 Australian Capital Territory Agency Intra-departmental review. Section 3 restricts the fees payable for the treatment of private patients in public hospitals. Intra-departmental review. Restrictions on competition throughout Act. Intra-departmental review. Targeted public review. 1998/1 1998 No review scheduled Not applicable 1998/2 1999/2 Review/Reform progress Requirement for review under examination - possible application for exemption on the basis of its relationship to an intergovernmental financial arrangements. Bill introduced to Assembly early 1999. Name of legislation Description/Comment on review Review scheduled Review complete Medical Services (Fees) Act 1984 DHCC Mental Health (Treatment and Care) Act 1994 - except all of Part III, Part VII, Part IX and sections 141, 142 and 143 of Part XIII DHCC Mercantile Law Act 1962 JACS Review complete. Archaic provisions to be repealed. Review complete. Report released. Government response announced. New legislation passed in early 1999. Transitional implementation in progress. Milk Authority Act 1971 DTI US (s5 of Pt I, Pts III & IV, s 54 of Pt V) Targeted public review. Not applicable Full public inquiry. 1997/2 No review scheduled 1999/1 Not applicable Milk Authority Act 1971 - section 38 DHCC Review complete. Review report released for public comment. Review not required. To be repealed and replaced by the Passenger Transport Bill. Review in progress. Issues Paper released. Motor Omnibus Services Act 1955 US Motor Traffic Act 1936 - taxi and hire car provisions US 219 Legislation Review Compendium Name of legislation Not applicable No review scheduled No review scheduled 1999/2 No review scheduled 1998/2 Not applicable 1999/1 1999/2 1999 Not applicable Not applicable Not applicable Not applicable Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Review not required. Current Act allows for competing providers to seek Ministerial approval to offer CTP insurance services. Review not required. Act superseded by national road transport reforms. Motor Traffic Act 1936 compulsory third party insurance provisions Not applicable Intra-departmental review. Targeted public review. Targeted public review. Not applicable Intra-departmental review. Minor issues. Targeted public review. Restrictions on competition throughout Act. Intra–departmental review. Minor issues. National review. US Motor Vehicles (Dimensions and Mass) Act 1990 US National Environment Protection Council Act 1994 US National Exhibition Centre Trust Act 1976 CM Review not required. Act assessed as not restricting competition. Review complete. Government response in development. Act repealed by Environment Protection Act 1997. Encompassed by stage 2 of the Legal Practitioner Acts review. Review in progress. Joint review incorporating all health professional registration Acts. Nature Conservation Act 1980 US Noise Control Act 1988 US Notaries Public Act 1984 JACS Nurses Act 1988 DHCC Oaths and Affirmations Act 1984 JACS 1999/1 To be determined Encompassed by stage 2 of the Legal Practitioner Acts review. National review agreed by OH&S Administrators Group in March 1999. Occupational Health and Safety Act 1989 US 220 8 Australian Capital Territory Agency Intra–departmental review. Minor issues. Targeted public review. Restrictions on competition throughout the Act. Not applicable Not applicable No review scheduled 1999/1 No review scheduled Intra–departmental review. Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Not applicable 1997/1 1998/1 1998/2 Not applicable Not applicable Not applicable 1998 Not applicable No review scheduled Not applicable 1999/2 1999/1 Preliminary work for review underway. Review in progress. Joint review incorporating all health professional registration Acts. Act repealed by Environment Protection Act 1997. Review not required. No competition restrictions. Act bestows employee benefits. Preliminary work for review underway. To be repealed following successful implementation of a trial electronic commerce initiative. Review complete. Preliminary work for review underway. Preliminary work for review underway. Act repealed by Environment Protection Act 1997. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Ombudsman Act 1989 JACS Optometrists Act 1956 DHCC Ozone Protection Act 1991 US Parental Leave (Private Sector Employees) Act 1992 Intra–departmental review. Minor issues. US Partnership Act 1963 JACS Pawnbrokers Act 1902 - New South Wales legislation in its application in the Territory JACS Payroll Tax Act 1987 DTI Periodic Detention Act 1995 JACS Perpetuities and Accumulations Act 1985 JACS Pesticides Act 1989 US 221 Legislation Review Compendium Name of legislation 1998/2 Targeted public review. Restrictions on competition throughout Act. Intra-departmental 1999/1 1999/2 National review underway, discussion paper released. Review in progress. Joint review incorporating all health professional registration Acts. Review commenced. Joint review with Land (Planning and Environment) Act 1991 (pest plant provisions). Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Pharmacy Act 1931 DHCC Physiotherapists Act 1977 DHCC Plant Diseases Act 1934 US Plumbers, Drainers and Gasfitters Board Act 1982 US Targeted public review. 1999/2 To be reviewed in conjunction with the Building Act 1972 and Electricity Act 1971 (licensing of electricians). Review focused on regulation of building occupations. Review in progress. Joint review incorporating all health professional registration Acts. Podiatrists Act 1994 DHCC Targeted public review. Possible national review of professional registration. Restrictions on competition throughout Act. National review. Restricts the sale and storage of poisons and biological substances. National review. Targeted public review. 1999/2 1999/2 Poisons Act 1933 DHCC National review has commenced - final report due June 2000. 1999/2 1997/1 National review has commenced - final report due June 2000. Review complete. Act part of the gambling legislation review. Poisons and Drugs Act 1978 DHCC Pool Betting Act 1964 DTI 222 8 Australian Capital Territory Agency Intra–departmental review. 1999/1 Review in progress. Joint review with Animal Diseases Act 1993 and Stock Act 1991. Interim Report released. Encompassed in the trustee companies review. Preliminary work for review underway. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Pounds Act 1928 US Powers of Attorney Act 1956 Intra–departmental review. Minor issues. 1998/2 JACS Intra–departmental review. Minor issues. 1998/2 Presbyterian Church (Proposals for Union with other Churches) Act 1972 Intra–departmental review. Minor issues. . Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Part of a national scheme. Full public review. Inter–departmental review. To be scheduled 1998/2 1999/1 1999/1 1998/1 1999 1998/2 JACS Presbyterian Church Trust Property Act 1971 JACS Draft report has been completed. Printing and Newspapers Act 1961 JACS Review complete. Act to be repealed Preliminary work for review underway. Preliminary work for review underway. Awaiting outcome of Australian Federal Police review. Review in progress. Joint review with Enclosed Lands Protection Act 1943, Recovery of Lands Act 1929 and Trespass on Territory Land Act 1932. Proceeds of Crime Act 1991 JACS Prohibited Weapons Act 1996 JACS Prostitution Act 1992 JACS Protection of Lands Act 1937 US 223 Legislation Review Compendium Name of legislation Targeted public review. Possible national approach. Restrictions on competition throughout Act. Intra-departmental review. Limited restrictions on competition. National review. Sections 4, 5 & 6 prohibit certain potential business activities and place restrictions on business conduct. Not applicable Targeted public review. Legislation Review Committee established in 1998. Public consultation completed and being assessed. Intra-departmental review. Minor issues. 1998/2 1999/2 Not applicable 1999/2 1999/2 1999/2 Agency Incorporated in review of ACT health professional legislation. Discussion paper to be released early 1999. Description/Comment on review Review scheduled Review complete Review/Reform progress Psychologists Act 1994 DHCC Public Health (Miscellaneous Provisions) Act 1997 DHCC Public Health (Prohibited Drugs) Act 1957 DHCC National Review in progress - final report due July 2000. Public Health Act 1928 DHCC Act to be repealed by Public & Environmental Health Bill. Review being re-drafted. Reviews on other licensable activities being developed. Recommendations from Review Committee in relation to legislation are expected in mid 2000. Public Health Act 1997 DHCC Public Instruction Act 1880 DECS Public Trustee Act 1985 JACS 1999/1 Preliminary work for review underway. 224 8 Australian Capital Territory Agency Not applicable Not applicable Not applicable Review/Reform progress Act repealed by the Land (Planning and Environment) (Amendment) Act (no 7 of 1997) and relevant provisions transferred to the Land (Planning and Environment) Act 1991. Act to be repealed and provisions incorporated in new racing legislation. Terms of reference circulated - national review to commence shortly. 1998 1998 1998 Not applicable Review complete. Review complete. Review complete. Review complete. Act to be repealed by new legislation subjected to clause 5 requirements. 1999/1 Review in progress. Joint review with Enclosed Lands Protection Act 1943, Protection of Lands Act 1937 and Trespass on Territory Land Act 1932. No review scheduled. Not applicable Review not required. Act repealed. Name of legislation Description/Comment on review Review scheduled Review complete Rabbit Destruction Act 1919 US Racecourses Act 1935 National review. Intra–departmental review. Intra–departmental review. Intra–departmental review. 1996 1996 1996 1996 1999/2 DTI No review scheduled Not applicable Radiation Act 1983 DHCC Rates and Land Rent (Relief) Act 1970 DTI Rates and Land Tax Act 1926 DTI Rates and Land Tax Act 1986 DTI Real Property (Unit Titles) Act 1970 Intra-departmental review. JACS Recovery of Lands Act 1929 US Registration of Births, Deaths and Marriages Act 1963 JACS Intra-departmental review. Minor issues. 225 Legislation Review Compendium Name of legislation Intra-departmental review. Minor issues Intra-departmental review. Targeted public review. Intra-departmental review. Minor issues. Intra-departmental review. Intra-departmental review. Full public review. Integrated Business and Consumer Code. Intra-departmental review. Minor issues. Not applicable Not applicable 1998/2 Not applicable Not applicable Not applicable Not applicable 1998/2 1999/1 1999/1 1998/2 1999/2 1999/1 1998/2 Review completed, no NCP issues. Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Registration of Deeds Act 1957 JACS Registration of Interests in Goods Act 1990 JACS Preliminary work for review underway. To be reviewed in conjunction with the Litter Act 1977. Draft review has been completed. Preliminary work for review underway. Preliminary work for review underway. Preliminary work for review underway. Draft review has been completed. Act repealed by Occupational Health and Safety (Amendment) Act 1997. Act repealed by Occupational Health and Safety (Amendment) Act 1997. Roads and Public Places Act 1937 US Roman Catholic Church Property Trust Act 1937 JACS Sale of Goods (Vienna Convention) Act 1987 JACS Sale of Goods Act 1954 JACS Sale of Motor Vehicles Act 1977 JACS Salvation Army Property Trust Act 1934 JACS Scaffolding and Lifts Act 1957 US Scaffolding and Lifts Act, 19121948 - New South Wales legislation in its application in the Territory US 226 8 Australian Capital Territory Agency Legislation Review Committee established in 1998. Public consultation completed and being assessed. Integrated Business and Consumer Code. No review scheduled Not applicable 1998/2 Recommendations from Review Committee in relation to legislation are expected in mid 2000. The Act is scheduled for repeal in 2000. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Schools Authority Act 1976 DECS Second-hand Dealers and Collectors Act 1906 - New South Wales legislation in its application in the Territory Inter-departmental review. No review scheduled Intra–departmental review. Targeted public review. Restrictions on competition throughout Act. Intra–departmental review. Not applicable 1996 No review scheduled 1999/2 1996 Not applicable Not applicable Not applicable Not applicable JACS Sewerage Rates Act 1968 DTI Act will be considered in the development of new utilities legislation. To be repealed. Review complete. Act to be repealed by the Small Claims Tribunal Bill. Review rescheduled to take into consideration amendments to the Tobacco Act 1927. Skin Penetration Procedures Act 1994 DHCC Small Claims Act 1974 JACS Smoke-free Areas (Enclosed Public Places) Act 1994 DHCC Stamp Duties and Taxes Act 1987 DTI 1998 Not applicable Review complete. Review not required. Act assessed as not restricting competition. Standard Time and Summer Time Act 1972 US 227 Legislation Review Compendium Name of legislation Intra-departmental review 1999/1 Review in progress. Joint review with Animal Diseases Act 1993 and Plant Diseases Act 1924. Interim Report released. Review underway. Draft report completed. Agency Description/Comment on review Review scheduled Review complete Review/Reform progress Stock Act 1991 US Subordinate Laws Act 1989 Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Intra–departmental review. Minor issues. Targeted public review. Targeted public review. Targeted public review. Marginal restrictions on competition in section 18. Intra–departmental review. 1997/2 1999/2 1998/2 1998/2 1998 1998/2 1998/2 JACS Intra–departmental review. Minor issues. 1998/2 Substitute Parent Agreements Act 1994 JACS Supervision of Offenders (Community Service Orders) Act 1985 JACS Encompassed by the Legal Practitioners Review. Encompassed by stage 2 of the Legal Practitioner Acts review. Review completed. Report released. Government Response announced. Review has been rescheduled. Supreme Court Act 1933 JACS Surveyors Act 1967 US Tenancy Tribunal Act 1994 JACS Territory Owned Corporations Act 1990 DTI Theatres and Public Halls Act 1928 CMD 1997/2 1998 Review complete. Act to be repealed as soon as possible. 228 8 Australian Capital Territory Agency Targeted public review. Limited restrictions on competition. Targeted public review. Restrictions on competition throughout Act. Intra–departmental review. 1999/1 1999/2 1999/2 Review has been rescheduled to take into consideration amendments to the Act. Review report currently being re-drafted. Review has been rescheduled to take into consideration 1999 amendments to the Act. Terms of reference for national review are currently being determined. Queensland is the lead reviewer. Terms of reference for national review are currently being determined. Queensland is the lead reviewer. Not applicable Legislation repealed. Review/Reform progress Name of legislation Description/Comment on review Review scheduled Review complete Tobacco Act 1927 DHCC Tobacco Products (Health Warnings) Act 1986 DHCC Trade Measurement (Administration) Act 1991 Intra–departmental review. Minor issues. Integrated Business and Consumer Code. Not applicable Not applicable 1999/1 JACS Trade Measurement Act 1991 JACS Trading Hours Act 1962 US Previously BASAT Intra–departmental review. Minor issues. National review. 1999/1 Preliminary work for review underway. National review complete, recommendations awaiting Governments’ consideration. Trading Stamps Act 1972 JACS Trans-Tasman Mutual Recognition Act 1997 CM 229 Legislation Review Compendium Name of legislation Intra-departmental review. Limited restrictions on competition. Inter–departmental review. 1999/1 1999/2 Agency Description/Comment on review Review scheduled Review complete Review/Reform progress As the legislation is based on model national legislation there is some current consideration is being given to the efficacy of a national review. Review in progress. Joint review with Enclosed Lands Protection Act 1943, Protection of Lands Act 1937 and Recovery of Lands Act 1929. Transplantation and Anatomy Act 1978 DHCC Trespass on Territory Land Act 1932 US Trustee Act 1957 1997/1 JACS Intra–departmental review. Minor issues. Not applicable Not applicable Review complete. Anti–competitive provisions repealed New uniform trustee companies legislation drafted by Standing Committee of Attorneys-General. Review underway with NSW as lead agency. Preliminary work for review underway. Preliminary work for review underway. Trustee Companies Act 1947 JACS Unclaimed Moneys Act 1950 Intra–departmental review. Minor issues. Not applicable 1999/1 No review scheduled JACS Integrated Business and Consumer Code. Minor issues. 1998/2 Uncollected Goods Act 1996 JACS Unit Titles Act 1970 US Not applicable The Act has been the subject of a major non-NCP review and new amending legislation is in preparation. There are no identified restrictions on competition. 1998/2 Draft report has been completed. Uniting Church in Australia Act 1977 JACS Intra–departmental review. Minor issues. 230 8 Australian Capital Territory Agency Targeted public review. Restrictions on competition throughout the Act. Targeted public review. Intra–departmental review. 1999/2 1997/1 1998 Review/Reform progress Review complete. Act part of the gambling legislation review. Review in progress. Joint review incorporating all health professional registration Acts. Act arose from national agreements. Review concluded that public benefit of restrictions on competition outweigh costs. Not applicable No review scheduled To be scheduled Not applicable Not applicable Not applicable Not applicable Not applicable Act repealed by the Environment Protection Act 1997. Act will be considered in the development of new utilities legislation. Review not required. Act assessed as not restricting competition. Following the decision to develop new legislation for workers compensation, this Act has been withdrawn from the NCP program. It will be subject to normal scrutiny in relation to anti-competitive effects through preparation of the Regulatory Impact Statement. Rescheduled for review with Workers’ Compensation Supplementation Fund Act 1980. Name of legislation Description/Comment on review Review scheduled Review complete Unlawful Games Act 1984 CM Veterinary Surgeons Act 1965 DHCC Vocational Education and Training Act 1995 Not applicable Intra-departmental review. Intra–departmental review. Minor issues. Not applicable DECS Water Pollution Act 1984 US Water Rates Act 1959 DTI Witness Protection Act 1996 JACS Workers’ Compensation Act 1951 US 231 Legislation Review Compendium Name of legislation Not applicable Targeted public review. Not applicable Not applicable Agency Following the decision to develop new legislation for workers compensation, this Act has been withdrawn from the NCP program. It will be subject to normal scrutiny in relation to anti-competitive effects through preparation of the Regulatory Impact Statement. Rescheduled for review with Workers’ Compensation Act 1951. Description/Comment on review Review scheduled Review complete Review/Reform progress Workers’ Compensation Supplementation Fund Act 1980 US 232