9 Northern Territory 9.1 Guide to the Northern Territory legislation review schedule Legislation Review The Northern Territory Government has published a program for reviewing all existing Northern Territory legislation that might contain anti-competitive provisions. The Northern Territory maintains a database for recording progress of reviews and reform implementation, and updates the database annually in July. Currently, there are 85 separate reviews scheduled. In 1996, the Northern Territory circulated 1996-2000 National Competition Policy: Guidelines for Legislation Review to all government agencies, outlining their CPA obligations and the review processes required to satisfy those obligations. Progress to 31 December 1998 Some 26 reviews were complete by the end of 1998. Of these, nine were awaiting a Government response and five found no restrictions on competition. Of the reviews incomplete at that stage, 12 were nearing completion and eight were in the final phase of planned 3 stage reviews. Two of these were part of national review processes and two Acts were expected to be repealed. The Northern Territory identified two reviews relating to the functions of the Territory Insurance Office (TIO) which are expected to be subject to further external review. The Government announced its response to 12 reviews, repealing 11 pieces of legislation. Reform highlights include: • Repeal of the Grain Marketing Act and the subsequent dissolution of the Grain Marketing Board will facilitate rationalisation in the Northern Territory grain industry. Reforms to the Commercial Passenger (Road) Act removed the restrictions on the number of taxi licences. The Building Societies Act and Regulations was repealed and building societies will be registered • • under the Financial Institutions (NT) Code as part of a national scheme of legislation. • Repeal of the Stock (Artificial Breeding) Act and Regulations had removed restrictions on insemination and siring. The Government had also endorsed the review recommendations for partial reform of the Financial Management Act, which governs the investment of Government funds. The Government agreed to broaden the types of financial institutions able to hold a Legislation Review Compendium Government account beyond banks to institutions with a suitable published credit rating. Of the reviews scheduled for completion by the end of 1998, only four reviews were not commenced: the Mining Act was deferred pending the outcome of Native Title amendments, while the others are to be included in national review processes. 9.2 Abbreviations The following abbreviations are used in the ‘Agency’ column of the Northern Territory legislation review timetable. AG DPA FID DIB LG LPE ME NCP NTT PAWA PFES PIF PW TDZ THS TIO TPA TW WHA Attorney-General’s Department Darwin Port Authority Financial Institution Duty Department of Industries and Business Department of Local Government Department of Lands, Planning and Environment Department of Mines and Energy National Competition Policy NT Treasury Power and Water Authority Department of Police, Fire and Emergency Services Department of Primary Industries and Fisheries Parks and Wildlife Commission of the NT Trade Development Zone Territory Health Services Territory Insurance Office Trade Practices Act 1974 Department of Transport & Works Work Health Authority 234 9 Northern Territory 9.3 Legislation review schedule: Northern Territory Review/Reform progress Repealed and replaced by Meat Industries Act, which commenced December 1997. Review underway. Name of legislation Agency Abattoirs and Slaughtering Act and Regulations PIF Review complete 1997 Agent’s Licensing Act AG Agricultural and Veterinary Chemicals (NT) Act PIF National review complete. A SCARM/ARMCANZ working group is considering the recommendations. Architects Act LPE Description/Comment on review Review scheduled Targeted review. Establishes licensing 30/06/97 regime and standards for premises etc Slaughter of buffalo (Regulation 7), Abattoir licence (Regulation 5). Real Estate Agent’s Licence (s11), Stage 1 Agent’s Representative Registration (s 30/06/97 12), Conveyancing Agent’s Licence. Stage2 30/06/98 Stage 3 30/06/99 NT is party to national review of Act and complementary legislation in other jurisdictions. To apply certain laws of the Commonwealth relating to agricultural and veterinary chemical products as laws of the NT General review. Architect’s 30/06/97 Registration, Certifying Architects Registration (Part 3). 1998 Auctioneer’s Licence (s 4) and Auctioneer’s Clerk Licence (s 8E). 30/06/97 Auctioneer’s Act DIB National review commenced by Productivity Commission in November 1999. State review complete, however, recommendations to be amended pending outcome of national review. Review underway. 235 Legislation Review Compendium Name of legislation Agency Review complete Review/Reform progress Building Act LPE Description/Comment on review Review scheduled Targeted review. Licensing issues. 30/06/97 Building Societies Act and Regulations 30/06/98 31/12/97 1998 1998 AG 30/06/97 1997 Business Franchise Act NTT Registration of a Building Society (s 14(1)), Registration of Building Societies (Regulation 2) and licensing issues. Targeted review. Licence to sell tobacco or petroleum products (s 14) Caravan Parks Act LG Review underway. NCP amendments, if applicable, to be introduced in Legislative Assembly in 1999. Provides for the establishment of technical standards for buildings, the registration of building practitioners and certifiers, the regulation of building matters (including the registration of building products), the granting of permits and the establishment of appeals processes. Repealed May 1998. Building Societies currently registered under Financial Institutions (NT) Code as part of a national legislative scheme. Review complete. Licensing and registration requirements are not considered to restrict competition Review completed and ready for Government consideration. Cemeteries Act and Regulations LG 30/06/97 1998 Review complete. Recommendations are being progressed for Cabinet consideration. AG 30/06/97 30/06/97 Review underway. Review completed. However, a comprehensive review of the Act will revisit NCP issues. Classification of Publications, Films & Computer Games Act Commercial and Private Agents Licensing Act AG General review. Regulates caravan parks. Only applies to some parts of the Territory. May create anticompetitive effects between controlled and uncontrolled areas. Provides for the establishment (s 6), maintenance and control of cemeteries. Approval for the establishment of cemeteries by the Administrator. No clear guidelines, approvals could be applied anti-competitively. Review of prohibition concerning the manufacture of ‘X’ style videos in NT. Commercial Agent’s Licence (s 5(a)), Process Server Licence (s 5(c)), Inquiry Agent’s Licence (s 5(b)), Private Bailiff Licence (s 5(d)). 236 9 Northern Territory Review complete Competition issues addressed in the Commercial Passenger (Road) Transport Amendment Act 1998, to be commenced January 1999. Review/Reform progress Name of legislation Agency Commercial Passenger (Road) Act TW Community Welfare Act THS Consumer Affairs and Fair Trading Act (NT Regulations) and Amendment Act 1996 DIB Description/Comment on review Review scheduled Targeted review. Tourist vehicle 30/06/98 licence (s 52), Accreditation of a commercial passenger operator (part 3), Taxi licensing (part 4), Taxi licence (Div 1), Substitute taxi licence (Div 2). Supplementary taxi licence (Div 3) Private hire car licence (s 32) - Motor omnibus licence (part 6) Pioneer routes (s 46) Urban service areas (s 47) Prohibiting a restricting service (s 49) - Tourist vehicle licence (s 52) Special passenger vehicle licence (s 58) Targeted review. Provides for the 31/12/98 protection and welfare of children etc. Licensing of childcare centres (Div 2). Sundry fair play provisions regarding 31/12/98 the regulation of advertising, banning of potentially unsafe goods etc. Travel Agent’s Licence (Schedule 1), Credit Providers Licence, Pawnbrokers and Second Hand Dealers Licence, Motor Vehicle Dealers Licence and Tow truck code. Review underway. 237 Legislation Review Compendium Name of legislation Review complete. Act repealed and new Dangerous Goods Act assented to 30 March 1998. Draft regulations being prepared, expected to be tabled early 1999. Agency Review/Reform progress Dangerous Goods Act and Regulations DIB Review complete 1997 Darwin Port Authority Act DPC Review underway. Dental Act THS Electrical Workers and Contractors Act DIB Description/Comment on review Review scheduled Targeted review. Sets requirements 31/12/96 for the transport, storage and handling of dangerous goods. Business licences to manufacture, store, convey, sell, import or possess prescribed dangerous goods (s 15 - 21). Operators’ licences for: drivers of dangerous goods vehicles (Regulation 56); shotfirers (Regulation 132); gas fitters (Regulation 172); and autogas fitters (Regulation 202). Targeted review. Establishes the Ss 29, 45 Darwin Port Authority. Prescribes 30/06/97; Ss functions and powers: monopoly 17(p)(q), 38, powers; licensing arrangements and 39 30/06/98 fees; and issue of stevedoring licence. Charge for issue of renewal (Part II, s 17 (p) (q), control of shipping movements in port (Part III, s 29), application for stevedoring licence (s 38), cancellation or suspension of stevedoring licence by Minister (s 39), exemption from local government charges (Part IV, s 45) Full review. Establishes the 30/06/97 registration board and registration requirements. Targeted review. Establishes the 30/06/97 Licensing Board. Framework for new legislation to be prepared taking account of NCP issues. Completion expected December 1998. Review underway. NCP review subsumed into a comprehensive general review to be conducted in 1999. 238 9 Northern Territory Review/Reform progress Preliminary review complete. Potential new legislation may obviate need for further review. Name of legislation Agency Electricity Act PAWA Review complete 1998 Energy Pipelines Act Energy Resource Consumption Levy Act 1998 1998 ME NTT Financial Institutions Duty Act NTT Review underway. Review complete. Registration requirement is administrative only and is not considered to restrict competition. Review complete. Registration requirement is administrative only and is not considered to restrict competition. 1998 Anti-competitive effect of section 27 removed by Financial Institutions (Miscellaneous Amendments) Act 1997. Financial Management Act NTT Description/Comment on review Review scheduled Review is part of total review of 30/06/97 PAWA. Regulates the generation and safe use of electricity, and the reselling of electricity (s 14(5)), Part IV (TPA) conflicts. Sale and resale is prohibited without license (s 27), affects competition, restricts entry. Prohibits certain uses of electricity (s 29), Part IV (TPA) concerns. Price fixing in relation to licensee (s 30), Part IV (TPA) concerns and possibly reduces contestability. Liability limitation (s 32), possible competitive neutrality. Act binds the Crown (s 38). Regulation making powers (s 39). 30/06/97 Targeted review. Requirement for any 30/06/97 bulk consumer of levy oil to register under the Act (s 7). Targeted review. Registration as a 30/06/98 Financial Institution for FID (s 12), certification as a Short Term Dealer (s 14). Review of requirement that a 30/06/97 Government account to be held at a bank (s 27), defined as “any organisation providing financial services and includes banks, credit unions, building societies and similar organisations”. The legal effect of the definition of a bank, as it applies to the Act needs to be clarified 239 Legislation Review Compendium Name of legislation Agency Review/Reform progress Review complete. The benefits arising from the accountability of Government investment outweigh the costs associated with the guidelines. Financial Management Act NTT Review complete 1998 Firearms Act PFES Fisheries Act and Regulations PIF 1998 Review complete. Recommendations are being progressed for Cabinet consideration. Food Act THS Gaming Control Act and Regulations DIB National model for food legislation being developed. Completion expected Dec 1999. National review complete. Recommendations under consideration. Review underway. Copy of draft Productivity Commission report released July 1999. Gaming Machine Bill 1995 DIB Description/Comment on review Review scheduled Requirements for determining suitable 30/06/97 financial institutions and instruments for investing Government funds (s 29(2)). The requirement for deposits to be made with a financial institution with a suitable, published credit rating excludes financial institutions without a published credit rating. Targeted review. Armourer’s licence 31/12/98 (s 20), Dealers licence (s 17), Shooter’s licence for security firms (s 28/29), and Shooting gallery licence (s 31). Targeted review. Reviewed in tandem 30/06/97 with national initiatives. Permits and special permits (s 16 and 17), licensing and management of fisheries. Targeted review. Provides standards 30/06/97 for the preparation and sale of food etc, registration of a food vending machine (s 13 (6) & 13 (7)). General review with particular 30/06/97 attention to licensing elements. NT is participating in the information inquiry by Productivity Commission. Provides for the regulation and control of gaming. Limited review. New legislation impact being assessed. Provides for the licensing of gaming machines in community venues - establishes limits and controls on numbers of machines and locations. Review underway. 240 9 Northern Territory Review/Reform progress Name of legislation Agency Grain Marketing Act 30/06/98 31/12/97 PIF Description/Comment on review Review scheduled Complete review. Establishes board 31/12/96 Act repealed February 1997 resulting in the dissolution of the Grain Marketing Board. Review underway. To be repealed. New legislation to be prepared taking account of NCP issues. Review complete 1997 Hawkers Act LG Health Practitioners and Allied Professionals Registration Act THS Housing Act 30/06/97 30/06/98 31/07/97 1998 1998 LG 31/12/98 Review underway. Review complete and ready to be forwarded to Government for consideration. Review complete. Recommendations are being progressed for Cabinet consideration. Licensed Surveyors Act LPE Targeted review. Provides for the licensing of hawkers (s 4). Full review. Registration as: Aboriginal Health Worker (s 24); Chiropractor (s 35); Occupational Therapist (s 38); Osteopath (s 39); Physiotherapist (s 40); and Psychologist (s 41). General review. Establishes the Housing Commission and provides for letting and sale of dwellings. Targeted review. Licensing issues. Liquor Act DIB Local Government Act, Regulations and By-Laws HLG Targeted review. Provides for the regulation of the sale of alcohol. General review. Provides for the constitution of municipalities and community government areas, the election of self-governing authorities to control municipalities and community government areas and provides for a similarity of power and function between self-governing authorities. 241 Legislation Review Compendium Name of legislation Draft report under consideration. Agency Review complete Review/Reform progress Marine Act Regulations (Pilotage, Hire-and-Drive, Examinations and Certificates) TW Meat Industries Act PIF 1998 Review complete. Recommendations are being progressed for Cabinet consideration. Medical Act 30/06/97 31/12/96 THS Description/Comment on review Review scheduled Targeted review. Licensing of certain 30/06/97 commercial operations (part V), Certificate of survey (s 79(a)), Permit for the operation of hire-and-drive vessel (s 4), Certificate of competency (coxswain) (Sched 3), Certificate of competency (masterclass-all) (Regulation 9) New legislation impact assessment. 30/06/98 Review to coincide with national food industry standards review implements national standards and reforms. Review of Board. Establishes Medical 30/06/97 Registration Board. Act reviewed. Issues of regulation of advertising and ownership of medical companies to be resolved. Review underway. Medical Services Act THS Mental Health Act THS Targeted review. Provides rules for the conduct of medical services, entry conditions and pricing. General review. Provides for the care and treatment of the mentally ill. Mine Management Act ME 30/06/97 30/06/97 Act to be repealed, and replaced by the Mental Health and Related Services Act. Act will apply equally to private and government sectors, and take account of need to meet national standards and accreditation requirements. Review underway. Review underway. Completion delayed due to native title legislative considerations. Mining Act ME General review. Regulation of Occupational Health and Safety in Mining. Targeted review. Creates a regime for the valid grant of mining tenure in the NT, together with ongoing regulation. 242 9 Northern Territory Review complete Review/Reform progress Name of legislation Agency Motor Accidents (Compensation) Act Review underway. Draft report under consideration. TIO Motor Vehicle Dealers Regulations Motor Vehicles Act DIB TW Nursing Act THS Description/Comment on review Review scheduled To be reviewed but no issues apparent. 30/06/97 Establishes a no-fault compensation scheme, prescribes rates of benefit and abolishes certain common law rights. Motor Vehicles Dealers Licence - Part 30/06/97 X, Div 3, SubDiv A, s 132 Targeted review. Motor omnibus 30/06/97 licence (s 10(2)), Pastoral vehicle permit (s 137B), Driving instructor’s licence (25B), Commercial passenger vehicle licence. Complete review of legislation to take 31/12/96 account of - in particular - the operation of Mutual Recognition legislation. Establishes the Registration Board. 30/06/98 1998 Act to be repealed. NCP review was included in full review of Act. Repeal recommended and a new Nursing Act has been drafted taking account of NCP issues, and Mutual Recognition and Trans-Tasman Mutual Recognition implications. Review complete. Recommendations are being progressed for Cabinet consideration. Oil Refinery Agreement Ratification Act ME Optometrists Act THS 31/12/97 Review underway. Expected completion mid-1999. 1998 Ozone Protection Act and Regulations Licence issues. LPE Targeted review. Provides a legislative basis for arrangements between Government and Mereenie. The Act contains possible restrictions on third parties. Targeted review. Regulation of optical dispensers and prescription of drugs by optometrists to be considered. Establishes the Registration Board. Targeted review. Licensing issues and environmental controls. 30/06/97 30/06/97 Pawnbrokers Act DIB 1997 Repealed, ozone protection provisions incorporated into Regulations under Waste Management and Pollution Control Act. Act repealed in 1998 by pawnbrokers and secondhand dealers provisions of the Consumer Affairs and Fair Trading Act. 243 Legislation Review Compendium Name of legislation Agency Review/Reform progress Pay-Roll Tax Act 30/06/97 30/06/99 1997 NTT Description/Comment on review Review scheduled Targeted review. Licensing and 30/06/98 registration issues. Review complete 1998 Pet Meat Act PIF Review complete. Licensing and registration requirements are not considered to restrict competition. Repealed and replaced with Meat Industries Act, which commenced December 1997. National review underway. Issues paper released in November 1999. Petroleum (Submerged Lands) Act ME Petroleum Act and Petroleum (Prospecting and Mining) Act ME 30/06/98 Petroleum (Prospecting and Mining) Act repealed by the Petroleum Act. Pharmacy Act THS 31/12/96 National review underway, discussion paper released. Review underway. LG 30/06/97 30/07/97 30/06/98 Places of Public Entertainment Act Plumbers and Drainers Licensing Act Targeted review. The national review is considering certificates of competency for pest controllers, and prescription of drugs by health professionals other than medical practitioners. The Act sets out controls and licensing for manufacture, wholesale, retail sales. DIB Targeted review. Licensing of slaughtering, processing and storage of pet meat, and the standard of premises. Targeted review. Regulates the exploration and recovery of petroleum in NT territorial seas. Grants exclusive rights, technical and financial prescriptions. Targeted review. Regulates the exploration and recovery of petroleum in the NT. Grants exclusive rights, technical and financial prescriptions. Possible Part IV (TPA) concerns. Review deferred. National review proceeding in conjunction with review of Pharmaceutical Benefits Scheme. Establishes the Registration Board. Targeted review. Controls places of public entertainment. Targeted review. Licensing issues. Poisons and Dangerous Drugs Act THS Review underway. NCP review subsumed into a comprehensive general review to be conducted in 1999. National review underway. Expected completion June 2000. 244 9 Northern Territory Review complete Review/Reform progress Name of legislation Agency Port By-Laws Review underway. DPC Power and Water Authority Act PAWA Prices Regulation Act Private Hospitals and Nursing Homes Act DIB THS Review underway. Private Security Act DIB Prostitution Regulation Act AG General review of the Act is underway, which will address NCP issues, and is expected to be forwarded to Cabinet in mid1999. THS Public Health (Barbers’ Shops) Regulations Public Health (Shops, EatingHouses, Boarding Houses, Hotels and Hostels) Regulations Racing and Betting Act THS Description/Comment on review Review scheduled Targeted review. Port management 30/06/98 and control provisions. Compulsory services and fees. Licensing issues. Targeted review. Establishes the 30/06/97 Power and Water Authority, and prescribes functions and powers of the Authority. 30/06/97 General review of provisions. 30/06/98 Provides for the licensing of private hospitals and nursing homes. New legislation impact assessment. 30/06/99 Introduces accredited training requirement and a licensing regime for crowd controllers. Stage 1 30/06/97 Stage 2 30/06/98 Stage 3 30/06/99 Targeted review. Registration of 30/06/98 barbers’ shops (s5). Targeted review. Registration of a 30/06/98 boarding house (s 35, 36), registration of an eating house (s12, 13). 30/06/98 30/06/98 30/06/98 Review underway. Review underway. DIB Racing and Betting Regulations DIB Radiation (Safety Control) Act THS Targeted review. Licensing and registration. Targeted review. Regulates sports betting and bookmakers. Targeted review. Registration of irradiating apparatus (s 29) 245 Legislation Review Compendium Name of legislation Agency Review complete Review/Reform progress Radiographers Act THS Retirement Villages Act 1998 1998 DIB Stock (Artificial Breeding) Act and Regulations Taxation (Administration) Act PIF NTT Repealed by the Stock (Artificial Breeding) Repeal Act. Review complete. Licensing and registration requirements are not considered to restrict competition Territory Insurance Office (TIO) Act TIO Description/Comment on review Review scheduled Targeted review. Establishes the 30/06/97 Registration Board. Reassessment of need for registration board and mechanism for issue of permits to other health professionals to undertake radiographic procedures to be considered. New legislation impact assessment. 31/07/99 Regulates operation of retirement villages Targeted review. Licensing and 30/06/97 regulation of insemination. Targeted review. Registration as an 30/06/98 Accommodation House (s 80c), registration as a lender (div 13, s 72), register of a financial institution for electronic debit transaction duty (s 29M), registration of insurers (div 6, s 40), register of life insurers (div 7, s 46) Targeted review being conducted in 30/06/97 conjunction with recommendations of Wallis enquiry. Establishes the TIO to carry out certain insurance and related business and provide financial, business and other services. Confers a monopoly on motor vehicle accident insurance, acting as the insurer of Territory assets and liabilities. Ministerial discretion on the extent of financial activity (s 30) the government guarantees. 246 9 Northern Territory Review/Reform progress Review complete. No restrictions to competition identified. Review underway. Review to be recommenced due to changes in the focus of the Trade Development Zone. Review underway. Name of legislation Agency Territory Parks and Wildlife Conservation Act PW Review complete 1998 Totalisator Administration and Betting Act Trade Development Zone Act DIB TDZ Uranium Mining (Environmental Control) Act ME Veterinarian Act 30/06/97 PIF Description/Comment on review Review scheduled Targeted review. Establishes parks 30/06/97 and reserves, and protects and conserves wildlife. General review. Grants sole rights to 30/06/98 this form of betting. Targeted review. Licence to operate in 30/06/97 the Trade Development Zone (s 21, 28). Targeted review. Controls uranium 30/06/98 mining in the Alligator Rivers Region. Imposes restrictions, conditions and requirements that could discourage innovation, add to costs. Targeted review. Establishes 30/06/98 registration board. Review underway. An amendment Bill has been prepared but will be reassessed due to recent departmental restructuring. Rescheduled to link with COAG water reform agenda. Rescheduled to link with COAG water reform agenda. Review complete. Recommendations are being progressed for Cabinet consideration. Water Act and Regulations LPE Water Supply and Sewerage Act 30/06/97 PAWA 30/06/97 Work Health (Occupational Health and Safety) Act and Regulations DIB Targeted review. Provides for the investigation, use, control, protection, management and administration of water resources. Targeted review. Relates to the provision of sewerage and water services. See Acts listed under the WHA Workers Compensation claims management (TIO subject to provisions in this Act, although the Act is owned and administered by the WHA). 247 Legislation Review Compendium Name of legislation Review complete. Recommendations are being progressed for Cabinet consideration. Existing plant registration and operator licensing provisions were considered nationally and are to be retained. Agency Review/Reform progress Work Health (Occupational Health and Safety) Act and Regulations DIB Description/Comment on review Review scheduled Targeted review. Establishes the 30/06/98 WHA and sets requirements for occupational health and safety. Registration of the design of designated plant and equipment, licensing of operators. Review complete 1998 248