9 Australian Capital Territory Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the Australian Capital Territory legislation review timetable. ACT Health CMD DDHCC DEYFS DoT DUS JACS ACT Health Chief Minister’s Department Department of Disability, Housing and Community Services Department of Education, Youth and Family Services Department of Treasury Department of Urban Services Department of Justice and Community Safety Page 9.1 Legislation Review Compendium Legislation review: Australian Capital Territory Updated to February 2004 Name of legislation Administration and Probate Act 1929 Agency JACS Major restrictions Minor NCP issues (imposes restrictions on business structure and conduct). Review activity Intradepartmental review by the Justice and Community Safety Department completed in December 2001. Note that a national review of testamentary legislation is also underway by Australian Law Reform Commissions (led by the Qld Law Reform Commission). Minor restrictions in the Act are justified given the need to permit the Public Trustee to efficiently perform its function of being the trustee of last resort (that is the trustee that must provide services to low value estates) and the particular circumstances the Act deals with. In particular, funeral and testamentary expenses should have priority if an estate is insolvent because, in the absence of such an arrangement the responsibility for arranging for the burial, or other disposal of a body, would fall on the near relatives of the deceased or on the Territory. The current arrangement places the interests of the near relatives, the Territory and undertakers above those of creditors. Reform activity The Government introduced amendments in June 2002 that were passed by the Legislative Assembly in September 2002. Page 9.2 9 Australian Capital Territory Name of legislation Agency Major restrictions Review activity Minor amendments to the Act are proposed to reflect introduction of the GST. Reform activity Adoption Act 1993 Agents Act 1968 DEYFS, CMD JACS Licensing (real estate agents, travel agents, business agents, stock and station agents), registration, entry requirements, the reservation of practice, disciplinary processes, and business conduct. Review not required. Act assessed as not restricting competition. Intradepartmental review completed in 2001. Review concluded that there are no competition policy issues requiring legislative reform within the real estate, stock and station and business agents' markets, but questions the imposition of a licensing regime on the employment agents' market. Review not required. Intradepartmental review completed in 1999. Minor issues. Act does not restrict competition. The Act does not give the church a commercial advantage and does not have an anti-competitive effect. Intradepartmental review completed in 1999. Minor issues. Act does not restrict competition. The Act does not give the church a commercial advantage and does not have an anti-competitive effect. The Government accepted the review findings. The Agents Act 2003 replaces the Agents Act 1968. Air Pollution Act 1984 Anglican Church of Australia Trust Property Act 1917 NSW legislation in its application in the Territory Anglican Church of Australia Trust Property Act 1928 (NSW) in its application in the Territory DUS JACS Act repealed by the Environment Protection Act 1997. Act retained without reform. JACS Act retained without reform. Page 9.3 Legislation Review Compendium Name of legislation Animal Diseases Act 1993 Agency DUS Major restrictions Declaration of quarantine areas. Allows Minister to direct destruction of animals and removal of refuse. Imposes a tagging requirement for stock. Restricts entry into tag manufacture. Controls use of vaccines and the sale of infected animals. Ban on rodeos and circuses. Restrictions on use of animals in experiments. Restrictions on who may carry out surgical procedures. Review activity Review, in conjunction with the Pounds Act 1928 and Stock Act 1991, completed. Review found the restrictions to have benefits to animal health, public health and sustainable development that outweigh their costs. No reform recommended. Reform activity Act retained without reform. Animal Welfare Act 1992 DUS Review completed. Review found that, subject to some amendments, the restrictions are in the public interest. Act retained without reform. Annual Holidays Act 1973 Annual Leave Act 1973 Apiaries Act 1928 CMD CMD DUS No competition restrictions. Act bestows employee benefits. Review not required. Review not required. Act renamed the Annual Leave Act 1973. Act retained without reform. Act repealed and replaced by the Animal Diseases Act 1993. Page 9.4 9 Australian Capital Territory Name of legislation Architects Act 1959 Agency DUS Major restrictions Registration, entry requirements, reservation of title, and disciplinary processes. Review activity National review by the Productivity Commission (PC) completed in August 2000 (publicly released November 2000). PC review involved public consultation via public release of issues paper, draft report, consultation, public hearings and receiving submissions. Review recommended repeal of Act. Reform activity A States and Territories working group developed a national response to the PC review. On 2 February 2004, the ACT agreed to the drafting of legislation to reform the ACT. Drafting has been completed and amending legislation is to be introduced into the Legislative Assembly in early 2004 with enactment expected to occur by mid-2004. The ACT’s amendments are consistent with the agreed principles for harmonisation of architects’ Acts as agreed by CoAG and is closely modelled on NSW and Queensland reforms. Act retained without reform. Associations Incorporation Act 1991 JACS Minor National Competition Policy (NCP) issues (imposes restrictions on business structure). Intradepartmental review by the Justice and Community Safety Department completed in February 2001. Report concluded that the restrictions were justified as the community benefits from not-for-profit organisations having access to a cheaper and less onerous incorporation regime. Without it many would opt to not incorporate. This in turn would be disadvantageous to business, as commercial relationships would be more difficult. Intradepartmental review completed in 2001. Review found that while the regulatory costs imposed on auctioneers are minor, the benefits appear insufficient to justify the licensing requirements in the Act. The review recommended the repeal of the Act. Auctioneers Act 1959 JACS Licensing, entry requirements (age, good character, no pawnbrokers), the reservation of practice, and business conduct (maintenance of records for at least 12 months). The Government implemented the Agents Act 2003, which repealed the Auctioneers Act on its commencement on 1 November 2003. Page 9.5 Legislation Review Compendium Name of legislation Australian-American Educational Foundation Act 1966 Agency JACS Major restrictions This Act was originally an Australian Government ordinance-the AustralianAmerican Education Foundation Ordinance 1966 No 16 (Cwlth), however, it was converted into an ACT enactment on 11 May 1989 at the time of selfgovernment. The Act allows for the establishment of an educational foundation and has been assessed as not restricting competition. Review activity Review not required. Reform activity The Act is to be repatriated to the Australian Government. Bank Mergers Act 1997 CMD Act assessed as not restricting competition. Review not required. Page 9.6 9 Australian Capital Territory Name of legislation Betting (ACTTAB Limited) Act 1964 Betting (Corporatisation) (Consequential Provisions) Act 1996 Agency DoT Major restrictions Exclusive licence. Review activity Review completed in 1999. Review recommended that the Government allow new licences for Totalizator Agency Boards (TABs) operating wholly within the ACT, but not allow interstate totalisators until systems are in place to extract racing turnover taxes (and any other turnover taxes and licences) from wagers that originate in the ACT. Reform activity The Government supported an open market subject to ensuring that all ACT betting activity is identified and that any adverse revenue impacts are compensated. ACT willing to consider non-exclusive licence issue after cross border betting matters have been addressed by the Australian Racing Ministers’ forum. Arising from the report of the cross border betting task force, The Australian Racing Ministers’ forum has agreed in principle to the concept of a racing product fee being levied on all corporate bookmakers, excluding TABs. This in principle agreement has been communicated to industry, which is currently formulating its response. The Betting (Corporatisation) (Consequential Provisions) Act 1996 was repealed in 2001. Birth (Equality of Status) Act 1988 Births, Deaths and Marriages Registration Act 1997 JACS Intradepartmental review completed in 1999. Minor issues. The Act does not have any material effect on competition. Minor NCP issues (imposes a conduct requirement). Intradepartmental review completed in October 2001. Minor issues. The Act does not have any material effect on competition. Review completed in 2002. Act retained without reform. JACS Act retained without reform. Blood Donation (Transmittable Diseases) Act 1985 ACT Health Limits conduct, and confers benefit. Act to be retained on public health benefit grounds. Page 9.7 Legislation Review Compendium Name of legislation Board of Senior Secondary Studies Act 1997 Agency DEYFS Major restrictions Provides for accreditation of secondary courses. Review activity Intradepartmental review. Reform activity Legislation is necessary to provide the Government approved function. Legislation to be retained to maintain uniform standards for senior secondary courses and certification. The Government implemented reforms via the Race and Sports Bookmaking Act 2001, which repealed the Bookmakers Act and removed several restrictions on the operation of bookmakers. The ACT legislation will be amended to reflect relevant changes in NSW and to be consistent with the national approach toward developing a national registration system. Act retained without reform. Bookmakers Act 1985 DoT Contains provisions for licensing bookmakers for racing and sports betting. Targeted public review, in conjunction with the Betting (ACTTAB Limited) Act 1964 and the Betting (Corporatisation) (Consequential Provisions) Act 1996, completed in 1999. The ACT review could not be done independently of the NSW Boxing and Wrestling Control Act review. NSW completed its review in 2002, finding that there are public benefits from regulating combat sports. Major review completed. Review recommended retention of the levy as the most appropriate means of funding industry training. A number of administrative changes were recommended to improve the operation of the Board and the training scheme. Boxing Control Act 1993 CMD Registration of professional boxers, officials and promoters (defined in NSW Boxing and Wrestling Control Act 1986). Building and Construction Industry Training Fund Act 1990 DEYFS Levy on building work, except in relation to any work undertaken by, or for, State and local governments. Page 9.8 9 Australian Capital Territory Name of legislation Building Act 1972 Agency DUS Major restrictions Building regulations, licensing, registration, entry requirements (training, course work, practical experience or qualifications and supervised building work, business capacity), reservation of practice, disciplinary processes, and business conduct (insurance). Review activity Targeted public review, in conjunction with the Electricity Act 1971 (electricians licensing) and the Plumbers, Drainers and Gasfitters Board Act 1982, by Allen Consulting Group completed in August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended: legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards should be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Review did not focus on building regulations. Public benefits for building regulations are amenity, safety and health of people who use buildings and community expectations. Reform activity The previous Government did not agree with recommendation for a peer group to have power to overturn Registrar's decisions in relation to strictly technical matters. An exposure draft of new legislation and regulations was tabled in Parliament on 24 June 2003. The Construction Occupations (Licensing) Bill 2003 was introduced into the Legislative Assembly on 20 November 2003. The Bill is scheduled for debate in early March 2004 with enactment expected to occur by mid-2004. the Bill introduces significant reforms to the regulation of building and construction industry trades and implements the recommendations of the National Competition Policy review of Occupational Licensing in the ACT, which reflected reform proposals that have been considered over a number of years. Act replaced in part by the new Utilities Act and in part by a separate new Act to deal with communications infrastructure. Act repealed by the Land (Planning and Environment) (Amendment) Act 1996 (No.3) as a result of implementation of the 1995 Stein report. Design and siting provisions incorporated into streamlined Development Application. Building and Services Act 1924 DUS Interdepartmental review. Part of the utilities legislation review under the lead of Treasury. Buildings (Design and Siting) Act 1964 DUS Page 9.9 Legislation Review Compendium Name of legislation Business Franchise (Liquor) Act 1993 Business Franchise (Tobacco and Petroleum Products) Act 1984 Business Franchise ('X' Videos) Act 1990 Business Names Act 1963 Agency CMD CMD Major restrictions Review activity Review not required. Review not required. Reform activity Federal Court S90 decision, no further action. Federal Court s90 decision, no further action. Act repealed in 1996 following a High Court decision. Act retained without reform. JACS JACS Minor NCP issues. Act prohibits carrying on business under a business name which is not registered. It also restricts the types of names that may be registered. Review not required. Intradepartmental review completed in October 2000. Similar restrictions and prohibitions apply in all States and Territories. The very limited effect on competition is outweighed by the benefits associated with being able to identify on a public register the individuals behind the trading name of an enterprise. Review completed in 1999. Act assessed as not restricting competition. Review not required. Targeted public review completed in 1998 as part of the gambling legislation review. Canberra Institute of Technology Act 1987 Canberra Tourism and Events Corporation Act 1997 Casino Control Act 1988 DEYFS CMD DoT Provides an exemption from Territory taxes and charges. Act assessed as not restricting competition. Exclusive licence. Restrictions on operations and conduct. Act retained without reform. The Government announced that the exclusivity of the casino licence will not extend beyond the current licence period. The prohibition on gaming machines at the casino will remain at the recommendation of a select committee of the Legislative Assembly. Page 9.10 9 Australian Capital Territory Name of legislation Cemeteries Act 1933 Agency DUS Major restrictions Limits conduct. Review activity Targeted public review, in conjunction with the Cremation Act 1966, completed in 2000. Review recommended a limit on post-burial tenure at public cemeteries, and that the provision of Australian Capital Territory cemeteries should not be restricted by legislation to a single operator. Reform activity The Government rejected recommendation to limit post-burial tenure at public cemeteries. Replacement legislation, the Cemeteries and Crematoria Bill 2001, introduced for debate in the Legislative Assembly in August 2001 and subsequently withdrawn. The Cemeteries and Crematoria Bill 2002 (No 2) was introduced into the Legislative Assembly in December 2002. The Bill was passed by the Legislative Assembly on 6 March 2003 and commenced on 6 September 2003. (See also the Cremation Act 1966.) The Act was subject to the gatekeeper process. Children and Young People Act 1999 DEYFS Licensing of child care operations. Introduces concepts of: parental responsibility; family group conferencing; therapeutic protections; and enduring parental responsibility for children and young people in need of care and protection. Expanded definition of mandated professionals. New legislation replacing the Children's Services Act 1986. Children's Services Act 1986 except Parts III and X DEYFS Licensing of child care operations. Full public review completed in 1999. Act assessed as not restricting competition. A replacement Act, the Children and Young People Act 1999 passed in the Legislative Assembly on 21 October 1999. Page 9.11 Legislation Review Compendium Name of legislation Chiropractors and Osteopaths Act 1983 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. The Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. It released a draft Health Professionals Bill for consultation. The draft Bill will repeal the existing health professional Acts, and replace them with a consolidated Act. The Government tabled the final Bill in the Legislative Assembly on 11 December 2003. It is scheduled for debate in March 2004 with enactment expected by June 2004. Page 9.12 9 Australian Capital Territory Name of legislation Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Agency JACS Major restrictions Review activity Joint jurisdictional review under way. Part of an ongoing national regulatory scheme overseen by the Federal Government. The ACT has very limited powers in relation to classification legislation (see s23 (1)(g) of the ACT Self-Government Act where the ACT has no powers to make classification laws with to censorship). The ACT has power to legislate with respect to enforcement of the classification laws. Further review of the ACT legislation was dependent on Australian Government action. The Australian Government conducted a review into classification in 2000-2001 in relation to the proposal for a "non-violent erotica" classification. The Australian Government did not proceed with that review. The Australian Government earlier this year completed a review of classification guidelines, but no consequential ACT activity has been identified. Reform activity Act retained without reform. Clinical Waste Act 1990 DUS Intradepartmental review completed in May 2002. Review found that the public health and environmental protection benefits of the restrictions provided a net benefit to the public. Act retained without reform. Page 9.13 Legislation Review Compendium Name of legislation Collections Act 1959 Agency DUS Major restrictions Licensing (fit and proper person, cause must be in the public interest, costs/remuneration not likely to be excessive, funds raised to be applied in ACT — unless there is no ACT body supporting that cause,), business conduct (reporting of funds raised and costs). Review activity Review, in conjunction with the Hawkers Act 1936, by Allen Consulting Group completed in April 2000. Review involved targeted public consultation, with an issues paper, meetings and written submissions. Recommended: Act not place limits on the level of fundraising costs or remuneration; the regulatory emphasis be on the disclosure of fundraising details to potential donors; the Act not limit the locations where collections can be undertaken or the number of organisations collecting; rather than focusing on funds raised and costs incurred for particular collections, all organisations that produce audited accounts be required to lodge those accounts with the registrar on an annual basis; organisations that do not have audited accounts be required to keep appropriate records and have those records signed off by an 'appropriate person' as being in order; collectors be required to wear a badge (or prominently display information) relating to the collection; and the Act be drafted to apply to any direct or indirect appeal for support. Intradepartmental review completed in 2001. Review concluded that the Act does not have any material effect on competition. Reform activity The Government accepted most review recommendations. The Charitable Collections Act 2003, which replaced the Collections Act, will commence in September 2003. Commercial Arbitration Act 1986 JACS Act retained without reform. Page 9.14 9 Australian Capital Territory Name of legislation Common Carriers Act 1902 (New South Wales) in its application in the Territory Agency JACS Major restrictions Review activity Intradepartmental review completed in 1999. The Act limits the liability for common land carriers ameliorating a common law ‘strict liability’ which otherwise would apply to common carriers. As ‘strict liability’ is not to be removed, the limitation of liability should remain. Reform activity Act retained without reform. Community and Health Services Complaints Act 1993 ACT Health Confidentiality and investment restrictions. Intradepartmental review completed in December 1999. Potential restrictions identified in terms of powers to both maintain the confidentiality of information and to access information. Review concluded that the restrictions did not function anti-competitively and that no market was affected by the legislation. Review not required. Act retained without reform. Companies (Australian Government Brickworks (Canberra) Limited) Act 1979 Companies (Registered Societies) Ordinance 1990 Companies Auditors and Liquidators Disciplinary Board Ordinance 1982 Construction Practitioners Registration Act 1998 CMD Act assessed as not restricting competition. CMD CMD Review not required. Review completed. Registered Societies model legislation adopted nationally. Registered Societies model legislation adopted nationally. See reform activity notes under the Building Act 1972. DUS Registration for building certifiers, entry requirements, disciplinary processes, and business conduct (professional indemnity insurance with approved insurer, no conflict of interest). New legislation to introduce private certification of building work. Review completed in November 2000. Page 9.15 Legislation Review Compendium Name of legislation Consumer Credit (Administration) Act 1996 Agency JACS Major restrictions Minimal registration and conduct requirements. Review activity Intradepartmental review completed in September 2001. Review concluded that the market suffers from well documented market failures that expose consumers to high levels of financial risk and prevent them from discriminating objectively between the providers of services in terms of quality and cost of service. National review completed. Review recommended maintaining the current provisions of the code, reviewing its definitions to bring term sales of land, conditional sales agreements, tiny term contracts and solicitor lending within the scope of the code. The review also recommended enhancing the code's disclosure requirements. The Ministerial Council on Consumer Affairs (MCCA) endorsed the final report in 2002 and referred it to the Uniform Credit Code Management Committee which is facilitating the resolution of some issues. Review completed in 1999. Reform activity The Act maintained on public benefit (consumer protection) grounds. Consumer Credit Act 1995 JACS Part of a national regulatory regime. Australian Capital Territory will duplicate model legislation developed by Queensland. Contractors' Debts Act 1897 (New South Wales) in its application in the Territory JACS Amendments recommended by review included in the Justice and Community Safety Amendment Act 2001 which repeals section 5 (which capped the liability of contractors for their employees to 60 days' wages) and section 6 (which limited the period in which a worker can make a claim for wages to 3 months). Act amended to reflect a consistent national approach. Co-operative Societies Act 1939 CMD Intradepartmental review completed. Page 9.16 9 Australian Capital Territory Name of legislation Coroners Act 1997 Agency JACS Major restrictions Minor issues. Review activity Intradepartmental review completed in 2001. Review concluded that the Act does not have any material effect on competition. Review not required. Reform activity Act retained without reform. Credit Act 1985 Cremation Act 1966 JACS DUS Limits conduct. See the Cemeteries Act 1933. Replacement legislation, the Cemeteries and Crematoria Bill 2001, introduced for debate in August 2001 and adjourned. The Cemeteries and Crematoria Bill 2002 (No 2) was introduced into the Legislative Assembly in December 2002. The Bill was passed by the Legislative Assembly on 6 March 2003 and will commence on 6 September 2003. (See also Cemeteries Act 1933.) Amendments recommended by review included in Justice and Community Safety Amendment Act 2001 which includes an amendment to the Act to remove a competitive advantage enjoyed by the Crown when it carries on business activities. Crown Proceedings Act 1992 JACS Intradepartmental review completed in 1999. Cultural Facilities Corporation Act 1997 DUS Act assessed as not restricting competition. Review not required. Page 9.17 Legislation Review Compendium Name of legislation Dangerous Goods Act 1975 (New South Wales) in its application in the Territory Agency CMD Major restrictions Review activity Part of overall review of the ACT's Occupational Health and Safety legislation. Regulatory Impact Statement (RIS) prepared and public comments sought through an extensive consultative process. Review found that it is the public interest to regulate workplace safety and dangerous goods, and recommended the adoption of an integrated and modernised regulatory regime. The Standing Committee on Legal Affairs commenced a review of the Act in December 2001, with particular reference to: the sale of fireworks in the Territory; the general safety of setting off fireworks; and any other related matters. The Committee recommended that the Act and its subordinate legislation be redrafted. Reform activity The Government announced in December 2002 that it proposed to prepare a new Dangerous Goods Act and new explosives and fireworks regulations. The new Act — the Dangerous Substances Bill 2003 — was introduced to the Legislative Assembly on 11 December 2003 and is scheduled for debate in February 2004. The Bill, which is expected to be enacted by end-March 2004, is consistent with the national standard for the storage and handling of dangerous goods, the Australian dangerous goods code and the Australian explosives code. Dangerous Goods Act 1984 DUS The Act applied the NSW Dangerous Goods Act 1975 to the ACT. Minor NCP issues (confers differential statutory defences to different parts of the media market). Review not required. Act repealed and provisions incorporated in the Dangerous Goods Act 1975. Act repealed by the Defamation Act 2001. Defamation Act 1901 (New South Wales) in its application in the Territory JACS Page 9.18 9 Australian Capital Territory Name of legislation Dental Technicians and Dental Prosthetists Registration Act 1988 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. It released a draft Health Professionals Bill for consultation. The Bill will repeal the existing health professional Acts, and replace them with a consolidated Act. The Government tabled the final Bill in the Legislative Assembly on 11 December 2003. It is scheduled for debate in March 2004 with enactment expected by June 2004. Page 9.19 Legislation Review Compendium Name of legislation Dentists Act 1931 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity Review of general health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Desktop review completed in December 2000. Review did not sustain initial audit view that restrictions on competition may have been present in the legislation. Intradepartmental review completed in September 2001. Review concluded that the insurance and superannuation industries are entitled to rely on actuarial, statistical, or other data or relevant factors to discriminate against persons where reasonable having regard to such information. The costs are minimal and the public benefit test is satisfied. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. It released a draft Health Professionals Bill for consultation. The Bill will repeal the existing health professional Acts, and replace them with a consolidated Act. The Government tabled the final Bill in the Legislative Assembly on 11 December 2003. It is scheduled for debate in March 2004 with enactment expected by June 2004. Disability Services Act 1991 DDHCS S6 and S7 grant conditions that may restrict competition. Act to be retained without reform. Discrimination Act 1991 JACS Minor NCP issues (Sections 28 and 29 provide exceptions for the insurance and superannuation industries from unlawful discrimination). Act retained without reform. Page 9.20 9 Australian Capital Territory Name of legislation Domestic Relationships Act 1994 Agency JACS Major restrictions Review activity Intradepartmental review completed in 2001. Review concluded that the Act does not have any material effect on competition. Reform activity Door-to-Door Trading Act 1991 JACS Restricts the hours during which door to door sellers may operate. Intradepartmental review completed in October 2000. Review concluded that costs are minor. Public benefit is high — taking into consideration the need for rest for family members undisturbed by door to door traders during periods of the night and day which are normally periods of rest. Part of the national Galbally Review into drugs, poisons and controlled substances. Draft review report released on 11 September 2000. Final review report given to the Australian Health Ministers Conference (AHMC) in early 2001. Australian Health Ministers’ Advisory Council (AHMAC) Working Party considered review and reported back to Health Ministers in June 2002. Review not required. Act retained without reform. Drugs of Dependence Act 1989 ACT Health Restrictions on competition throughout Act. The working party consulted with the Primary Industries Ministerial Council in preparing its response to the Galbally report. The response was endorsed by AHMC out of session in October 2003 and is expected to be considered by CoAG, together with the Galbally report, in early 2004. The ACT is awaiting CoAG’s final response before commencing legislative changes. Earnings (Assignment and Attachment) Act 1966 JACS Act assessed as not restricting competition. Page 9.21 Legislation Review Compendium Name of legislation Education Act 1937 Schools Authority Act 1976 Public Instruction Act 1880 Free Education Act 1906 Agency DEYFS Major restrictions Requires non-government schools to be registered. Review activity Full public review completed in 2000. Review involved extensive consultation and made 23 recommendations, including: • • establishing a single Act for schooling in the ACT; considering teacher registration for the professional enhancement of teachers in the ACT; retaining legislative provisions for the establishment and re-registration of nongovernment schools; and reviewing the licensing arrangements for independent preschools that are attached to registered nongovernment schools. Reform activity The Government has accepted the recommendations and presented the Education Bill 2003 to the Legislative Assembly on 27 November 2003. It is scheduled for debate in March 2004, and enactment is likely by mid-2004. • • Education Services for Overseas Students (Registration and Regulation of Providers) Act 1994 Electoral Act 1992 Electricity Act 1971 (renamed the Electricity Safety Act 1971) – Part 1 of 2 DEYFS Requires registration of providers of education to overseas students. Act assessed as not restricting competition. Interdepartmental review. Act repealed. JACS DUS Review not required. Review not required. Some provisions of the Act provided powers for suppliers of electricity distribution services. Such matters are now dealt with by the Utilities Act 2000 and the provisions were repealed in January 2001. Page 9.22 9 Australian Capital Territory Name of legislation Electricity Act 1971 electricians licensing – Part 2 of 2 Agency DUS Major restrictions Licensing, registration, entry requirements (skills, qualifications, experience, business capacity), the reservation of practice (installing, altering or repairing an electrical installation, other than an electrical installation that operates at extra low voltage), disciplinary processes, and business conduct (insurance). Review activity Targeted public review completed in 2000. Provisions for licensing of electricians reviewed by Allen Consulting Group in conjunction with Building Act 1972 and the Plumbers, Drainers and Gasfitters Board Act 1982. Final report completed August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. Review not required. Review not required. Reform activity See the Building Act 1972. The Construction Occupations (Licensing) Bill 2003 was introduced into the Legislative Assembly on 20 November 2003. The Bill is scheduled for debate in early March 2004 with enactment expected to occur by mid2004. the Bill introduces significant reforms to the regulation of building and construction industry trades and implements the recommendations of the National Competition Policy review of Occupational Licensing in the ACT, which reflected reform proposals that have been considered over a number of years. Enclosed Lands Protection Act 1943 Enforcement of Public Interests Act 1973 DUS JACS Act assessed as not restricting competition. Act assessed as not restricting competition. Act retained without reform. Page 9.23 Legislation Review Compendium Name of legislation Environment Protection Act 1997 Agency DUS Major restrictions Review activity RIS undertaken in developing the legislation. RIS publicly available. Reform activity The Environment Protection Act 1997 came into effect on 1 June 1998 and was a result of NCP reviews of the Air Pollution Act 1984, the Water Pollution Act 1984, the Noise Control Act 1988, the Pesticides Act 1989 and the Ozone Protection Act 1991, which were all subsequently repealed. The establishment of the single Act was designed to maintain the public interest in terms of protecting the environment from pollution and its negative effects (as identified through the NCP reviews of the other five Acts), but through a legislatively simplified regime. Part of the Act to be repealed as it will now be part of the Utilities legislation. Amendments included in the Fair Trading (Amendment) Act 2001. Essential Services (Continuity of Supply) Act 1992 Fair Trading (Consumer Affairs) Act 1973 (previously Consumer Affairs Act 1973) Fair Trading (Fuel Prices) Act 1993 DUS JACS Imposes conduct restrictions. Review not required. Intradepartmental review completed in September 2001. Review concluded that the Act is procompetition. Minor amendments proposed. Intradepartmental review completed in 1999. Review concluded that the Act has no effect on the market unless the Minister exercises a power to determine fuel prices under the Act. The Minister is unlikely to make such a determination unless the market is acting in a collusive or anti-competitive manner. On activation, costs would be significant. However, there would be a countervailing and greater community benefit. Full public review completed. JACS Allows the relevant Minister to set fuel prices. Act retained on public benefit (consumer protection) grounds. Fair Trading (Petroleum Retail Marketing) Act 1995 JACS Act repealed. Page 9.24 9 Australian Capital Territory Name of legislation Fair Trading Act 1992 Agency JACS Major restrictions Registration and mandatory codes of practice for bodyguards, security guards, cash transit industry, crown marshals, and guard and patrol services, entry requirements (competency, character criminal record check), the reservation of practice, disciplinary processes, and business licensing. Act assessed as not restricting competition. Prohibits sale of fertilizers unless with a statement of composition. Review activity Intradepartmental review completed in September 2001. Review concluded that the Act does not restrict competition. Minor amendments proposed. Reform activity Amendments included in the Fair Trading (Amendment) Act 2001. Family Provision Act 1969 Fertilizers Act 1904 (NSW) in its application in the Territory Financial Institutions (Application of Laws) Act 1992 Financial Institutions (Removal of Discrimination) Act 1997 Financial Institutions (Supervisory Authority) Act 1992 Financial Institutions Duty Act 1987 Firearms Act 1996 JACS JACS Review not required. Review, by officials, completed in 1999. Act to be retained. DoT DoT Act assessed as not restricting competition. Review not required. Review not required. Act repealed by the Financial Sector Reform (ACT) Act 1999. DoT Review not required. Act repealed by the Financial Sector Reform (ACT) Act 1999. Act amended to reflect a consistent national approach. DoT JACS National review completed in 1997. Review not required. Part of a national regulatory scheme with separate review mechanisms: legislation is subject to overriding public safety considerations. Page 9.25 Legislation Review Compendium Name of legislation Fisheries Act 2000 Agency DUS Major restrictions Licensing of commercial fishers. Registration of fish dealers. Output controls such as size and bag limits. Input controls on gear. Review activity Act considered via legislation gatekeeping process. Reform activity Act replaced the Fishing Act 1967. Fishing Act 1967 Food Act 1992 DUS ACT Health Provides for various food safety offences. Provides for licensing of food businesses. Requires food to meet prescribed food standards. Review not required. National review completed in 2000 (see the NSW Food Act 1989). Act repealed and replaced by the Fisheries Act 2000. All Australian governments agreed in November 2000 to adopt core provisions of the Model Food Bill by November 2001. This Act amended accordingly in August 2001. Freedom of Information Act 1989 Fuels Control Act 1979 Games Wagers and Bettinghouses Act 1901 (New South Wales) in its application in the Territory JACS Minor NCP issues. Intradepartmental review completed in September 2001. Review concluded that the Act is not anticompetitive. Intradepartmental review completed in 1999. Act to be retained on public benefit test. The NCP review did not make any recommendations in relation to this Act, and consequently there is no Government response expected. This Act is now a Territory Statute, not a New South Wales Act. (See the Law Reform (Miscellaneous Provisions) Act 1999). JACS DoT Suppression of gaming houses. Review completed as part of the gambling legislation review. (See the Gaming and Betting Act 1906 (NSW) in its application to the ACT). This Act can be described as a 'prohibition' Act: the Act prohibits certain gambling activities unless those activities are lawful under other laws. As such, the notion of competition does not apply to the substance of these Acts as it does to other gambling acts. Page 9.26 9 Australian Capital Territory Name of legislation Gaming and Betting Act 1906 (New South Wales) in its application in the ACT Agency CMD Major restrictions Regulations on gaming, betting and wagering; restricts the holding of race-meetings; and licensing of racecourses. Review activity Review completed as part of the gambling legislation review. This Act can be described as a 'prohibition' Act: the Act prohibits certain gambling activities unless those activities are lawful under other laws. As such, the notion of competition does not apply to the substance of these Acts as it does to other gambling acts. Review by the ACT Gaming and Racing Commission reported in October 2002. Review recommended restricting the issue of gaming machine licences to clubs and phasing out the licences held by some liquor licence holders. The Government established a Select Committee on gambling to further report on gaming issues. It recommended further research into the social and economic impacts of gaming in the ACT, and a freeze on gaming machine numbers and measures to counter the negative effects of gambling. Reform activity The NCP review did not make any recommendations in relation to this Act, and consequently there is no Government response expected. This Act is now a Territory Statute, not a New South Wales Act (Law Reform (Miscellaneous Provisions) Act 1999 refers). The Government is considering the review recommendations. Responding to the review, on 10 February 2004, the ACT Government tabled amending legislation, in the form of the Gaming Machine Amendment Bill 2004, in the Legislative Assembly. The Bill reflects findings of the review that harm minimisation measures are an element of gaming machine legislation and requires all applicants for gaming machines to undertake new social impact assessment requirements. In the interests of allowing competition in the industry, the government has agreed to allow taverns access to modern machines that had previously been the preserve of hotels. Debate on the Bill is scheduled to occur in the first week of March 2004 with enactment expected to occur by mid-2004. Gaming Machine Act 1987 DoT Gas Act 1992 DUS Act repealed. Page 9.27 Legislation Review Compendium Name of legislation Gas Levy Act 1991 Gas Supply Act 1998 Agency CMD DUS Major restrictions Review activity Reform activity Act repealed in 1998. Act repealed and replaced by the Gas Safety Act 2000 (in respect of gas installations and appliances past the metering point) and the Utilities Act 2000. Government Solicitor Act 1989 Guardianship and Management of Property Act 1991 Hawkers Act 1936 JACS JACS Act assessed as not restricting competition. Minor NCP issues (conduct requirements). Licensing, entry requirements (age, good character, fit and proper person), and business conduct (geographic and time restrictions, business structure). Review not required. Intradepartmental review completed in September 2001. Review concluded that the Act is not anticompetitive. Review, in conjunction with the Collections Act 1959, by Allen Consulting Group completed in April 2000. Review involved targeted public consultation with issues paper, meetings and submissions. Review recommended: refocusing legislation on land use and continuing positive licensing for hawkers operating from a single location, but having negative licensing for mobile hawkers; removing restrictions on number of vehicles a hawker can operate, number of people hawkers can employ and their age; removing 180-metre exclusion zone from traditional shops, and regulating health, liquor and contraband goods via other legislation. The Government supports the major recommendations of the review, but will retain the 180 metre exclusion zone around shops. The Hawkers Act 2003, which repeals the Hawkers Act 1936, commences in September 2003. DUS Page 9.28 9 Australian Capital Territory Name of legislation Health Act 1993 Agency ACT Health Major restrictions Limits conduct. Review activity Intradepartmental review completed in December 1999. Review found that the restrictions did not apply to an organised pattern of activity and no commercial activity relating to the release or disclosure of information could be identified. The review concluded that the legislation did not impose restrictions on competition. Intradepartmental review completed in December 2000. Review identified that the restrictions primarily concerned the sound management of Territory resources and interests. The review further identified that there were difficulties in identifying the restrictions as anticompetitive. The conclusion was that the legislative restrictions provided an overall community benefit and were on balance significantly higher than any cost of compliance with the legislation. Review not required. Reform activity Act retained without reform. Health and Community Care Services Act 1996 ACT Health Restricts management of resources and interests. Act retained without reform. Health Complaints Act 1993 Health Promotion Act 1995 ACT Health ACT Health Limits functions to which board monies can be applied. Act replaced by the Community and Health Services Complaints Act 1993. Act retained without reform. Intradepartmental review completed in December 2000. Review did not sustain initial audit view that restrictions on competition may have been present in the legislation. Intradepartmental review completed in December 1999. Review did not support the initial audit view that anti-competitive restrictions may apply. Restrictions do not relate to a market/commercial activity. Health Records (Privacy and Access) Act 1997 ACT Health Limited restrictions on competition. Act retained without reform. Page 9.29 Legislation Review Compendium Name of legislation Heritage Objects Act 1991 Agency DUS Major restrictions Review activity Review not required. Following the decision to develop new legislation for the regulation of heritage matters, this Act has been withdrawn from the NCP program. The new legislation will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the RIS. Reform activity Hotel School Act 1996 Housing Assistance Act 1987 CMD DDHCS Act assessed as not restricting competition. Act assessed as not restricting competition. Review not required. Consultants’ review completed in March 2002. No competitive restrictions identified. Administrative recommendations relating to the re-wording of the Act's objectives, removing currently unused housing programs and organisational re-structuring of Australian Capital Territory housing not accepted. Act repealed. Inebriates Act 1900 (NSW) in its application in the Territory Inebriates Act 1938 Innkeepers' Liability Act 1902 (New South Wales) in its application in the Territory ACT Health ACT Health JACS Sections 10 and 14 could restrict competition by licensing and regulating institutions. Act assessed as not restricting competition. Review not required. Intradepartmental review completed in 1999. The Act limits the liability for innkeepers ameliorating a common law ‘strict liability’ which otherwise would apply to them. As ‘strict liability’ is not to be removed, the limitation of liability should remain. Act assessed as not restricting competition. Review not required. Act repealed. Act retained without reform. Institute for the Study of Man and Society Incorporation Act 1968 JACS Act to be repatriated back to the Australian Government. Page 9.30 9 Australian Capital Territory Name of legislation Interactive Gambling Act 1998 Agency DoT Major restrictions Licensing, conduct Review activity Review by ACT Gambling and Racing Commission under way. Completion of review dependent on outcomes of Australian Government review of its Interactive Gambling Act 2001. Intradepartmental review completed in December 2000. Review identified that the restrictions were a sustainable public benefit. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Reform activity The Australian Government has advised that a draft report of the review of the Interactive Gambling Act 2000 will be provided to the relevant Minister in late February 2004. Act retained without reform. Intoxicated Persons (Care and Protection) Act 1994 ACT Health The Act contains restrictions on competition in terms of requirements that 'sobering up' shelters must be licensed. Judgment Creditors Remedies Act 1933 Judiciary (Stay of Proceedings) Act 1933 Juries Act 1967 Lakes Act 1976 JACS JACS JACS DUS Act assessed as not restricting competition. Act assessed as not restricting competition. The only significant restriction is the limitation on commercial activity in a lake area. Review not required. Review not required. Review completed in 2000. The low cost of the restriction was considered justified by the protection afforded to lakes areas, and by the way it ensures that commercial operators in lakes areas gain no competitive advantage over those operating in normal commercial areas. Review not required. Following the decision to develop new legislation for the regulation of heritage matters, this Act has been withdrawn from the NCP program. The new legislation will be subject to normal scrutiny in relation to anticompetitive effects through preparation of the RIS. No competition related action required. Land (Planning and Environment) Act 1991- Part III (heritage provisions) DUS Page 9.31 Legislation Review Compendium Name of legislation Land (Planning and Environment) Act 1991- Parts V and VI Agency DUS Major restrictions Direct granting of leases by non-competitive means and development approvals process. Review activity Review completed in May 2000. Review recommendations include improving transparency in the provision of direct grants and considering introducing a notification scheme for developments that are relatively minor and unlikely to be opposed by the government agency or to require conditions. Targeted public review, in conjunction with the Lands Acquisition Act 1994, completed in 2000. Act assessed as not restricting competition. Reform activity The Government issued a formal response to the review, agreeing in principle to most recommendations. Amending regulation signed on 25 January 2001. Land Acquisition (Northbourne Oval) Act 1996 - No 84 of 1996 Land Titles (Unit Titles) Act 1970 Land Titles Act 1925 Landlord and Tenant Act 1899 (New South Wales) in its application in the Territory Landlord and Tenant Act 1949 Lands Acquisition Act 1994 DUS Act retained without reform. JACS JACS JACS Minor NCP issues (imposes a conduct requirement). Minor NCP issues (imposes conduct requirements). Review not required. Act assessed as not restricting competition. Review not required. Act assessed as not restricting competition. Act repealed by the Residential Tenancies Act 1997. Act repealed by the Residential Tenancies Act 1997. Targeted public review, in conjunction with the Land Acquisition (Northbourne Oval) 1996 Act, completed in 2000. Act assessed as not restricting competition. Act assessed as not restricting competition. Act retained without reform. JACS DUS Law Reform (Manufacturers Warranties) Act 1977 JACS Act repealed by the Fair Trading (Amendment) Act 2001 because it duplicates more extensive provisions in the Trade Practices Act. Law Reform (Misrepresentation) Act 1977 JACS Act assessed as not restricting competition. Page 9.32 9 Australian Capital Territory Name of legislation Lay-by Sales Agreements Act 1963 Legal Aid Act 1977 Legal Practitioners Act 1970 Agency JACS Major restrictions Imposes conduct restrictions. Review activity Intradepartmental review completed in July 2000. Review concluded that costs are minor and public benefit is high. Review not required. Act assessed as not restricting competition. Reform activity Act retained without reform. JACS JACS Licensing, registration, entry requirements, disciplinary processes, reservation of title and practice, and business conduct (including professional indemnity insurance (two providers), ownership, locally registered foreign legal practitioner advertising (should not be false, misleading or deceptive or suggest legal practitioner is domestic)). Targeted public review under way. Review being undertaken in two stages by the Department. Stage 1 options paper canvassing options for reform concerning admission and licensing of legal practitioners, complaints and discipline released in November 1999, with submissions sought. Government is considering submissions. A Stage 2 options paper, canvassing reform issues relating to business structures including multi-disciplinary practices, fee setting, insurance and the statutory interest account was to have been released in 2001. However, review of the Legal Practitioners Act 1970 has now ceased. Further review and reform activity will occur at a national level (under the auspices of SCAG) to ensure a uniform and nationally consistent framework for this industry. Intradepartmental review completed in 1999. Minor issues. As an interim measure, pending the outcome of the national model laws project, the ACT amended the Act to introduce a second insurance provider in 1999. The ACT expects to repeal its existing legislation when a nationally consistent form of legislation has been determined following the national review process involving the Standing Committee of Attorneys General. Legislation (Republication) Act 1996 Liquor Act 1975 (except subsections 42E(2) and 42E(4)) JACS Act to be retained on public benefit test. Act replaced by the Legislation Act 2001. Act maintained on public benefit grounds. Minor amendments included in the Justice and Community Safety Legislation Act 2001. JACS Regulates the sale of liquor via licences. Intradepartmental review completed in 2001. Minor amendments to Act recommended. Act assessed as not substantially impacting on competition. Page 9.33 Legislation Review Compendium Name of legislation Liquor Act 1975 (subsections 42E(2) and 42E(4)) Agency CMD Major restrictions Relates to procedures if a licence holder fails to pay liquor taxes. Review activity Intradepartmental review completed in 2001. Minor amendments to Act recommended. Act assessed as not substantially impacting on competition. Intradepartmental review completed in 1999. Act to be retained on public benefit test. Minor issues. Targeted public review, in conjunction with the Roads and Public Places Act 1937, completed in 2000. Review concluded that in terms of the requirements under NCP guidelines: the Act marginally restricts business for businesses dependent on flyer and bill advertising; the public protection benefits of the Act outweigh any marginal impact on competition; and no feasible non legislative options were found which can achieve the same level of public benefits. Targeted public review completed in 1999. Act assessed as not restricting competition. Final review report available at www.act.gov.au/urbanservices. Reform activity Act maintained on public benefit grounds. Minor amendments included in the Justice and Community Safety Legislation Act 2001. Act to be retained on public benefit test. The Government accepted the review recommendations. Listening Devices Act 1992 JACS Litter Act 1977 DUS Long Service Leave (Building and Construction Industry) Act 1981 Long Service Leave Act 1976 CMD Act to be retained without reform. CMD Act assessed as not restricting competition. Act bestows employee benefits. Review not required. Act retained without reform. Lotteries Act 1964 DoT Review completed in 1998. Review found that the current duopoly is no barrier to new entrants and recommended no change to the legislation. The Government endorsed most of the review recommendations. The Government expects to pass amendments, not related to the NCP, to modernise the legislation, by June 2004. Page 9.34 9 Australian Capital Territory Name of legislation Machinery Act 1949 Agency CMD Major restrictions Review activity Reform activity Act repealed and replaced by the Occupational Health and Safety (Amendment) Act 1997. Magistrates Court Act 1930 Meat Act 1931 JACS ACT Health JACS ACT Health Act assessed as not restricting competition. Requires Ministerial permission for certain meat processing activities. Act assessed as not restricting competition. Restriction son entry, registration, title, practice, advertising, and disciplinary provisions. Review not required. Act repealed by the Food Act 2001. Mediation Act 1997 Medical Practitioners Act 1930 Review not required. Review of health practitioner legislation completed in March 2001. Issues paper released in May 1999. Discussion paper released in December 1999. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. The Government considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2003, which will repeal existing health professionals Acts and replace them with a consolidated Act, was introduced to the Legislative Assembly on 11 December 2003, and is scheduled for debate in March 2004. Enactment is expected by June 2004. Page 9.35 Legislation Review Compendium Name of legislation Medical Records (Access and Privacy) Act 1997 Medical Services (Fees) Act 1984 Mental Health (Treatment and Care) Act 1994 Agency ACT Health ACT Health ACT Health Major restrictions Review activity Review, in conjunction with the Health Records (Access and Privacy) Act 1997, completed in December 1997. Reform activity Act retained without reform. Restricts the fees payable for the treatment of private patients in public hospitals. Restrictions on competition throughout Act. Restrictions relate to the Mental Health Tribunal powers to direct where a person with a mental health dysfunction will be detained, restrictions on the use of convulsive therapy and psychiatric surgery, and requirements that private psychiatric facilities be licensed. Review not required. Legislation relates to an intergovernmental financial arrangement. Intradepartmental review completed in December 2000. Review demonstrated an overall public benefit of the restrictions. Act retained without reform. Act retained without reform. Mercantile Law Act 1962 Milk Authority Act 1971 JACS DUS Retail price controls. Licensing of home vending. Canberra Milk Authority required to buy milk from the sole ACT producer. Intradepartmental review completed in 1999. Review by officials completed in 1998. Review recommended: • • • • separation of Authority's regulatory and commercial roles; retention of retail price controls until mid-2000; reform of home vending arrangements; and retention of compulsory acquisition of ACT milk. Archaic provisions repealed. The Government initially accepted the review recommendations. In line with the March 2000 communiqué signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, the ACT passed the Milk Authority Repeal Act 2000 on 23 May 2000, deregulating its milk arrangements from 1 July 2000. Page 9.36 9 Australian Capital Territory Name of legislation Motor Omnibus Services Act 1955 Agency DUS Major restrictions Review activity Review not required. Reform activity Act repealed by the Road Transport (Public Passenger Services) Act in December 2001. This Act requires ACTION to become an accredited bus operator. In addition, the ACTION Authority Act 2001 was commenced on 1 January 2002. The Act establishes ACTION as a statutory authority with governing board and includes provisions for the transfer of staff and assets. Motor Traffic Act 1936 - Part 1 of 2 DUS Compulsory third party insurance provisions. Review not required. Legislation retained without reform. Page 9.37 Legislation Review Compendium Name of legislation Motor Traffic Act 1936 - taxi and hire car provisions – Part 2 of 2 Agency DUS Major restrictions Limitation on number of taxi and hire car licences. Review activity NCP review completed in March 2000. On licence quotas, review recommended: • immediate removal of restrictions on supply of taxi and hire car licences; and full compensation to licence holders via a licence buy-back, with compensation to be funded via consolidated revenue or a long term licence fee regime. Reform activity In December 2000, the Government announced it would be releasing 10 new Wheelchair Accessible Taxi licences. The Government has agreed with New South Wales to allow 16 New South Wales taxis in the ACT. In December 2002, the Government announced that an additional 5 per cent of taxi licences would be issued each year, subject to a reserve price (90 per cent of market value). New hire car licences are to be released according to a similar formula, at a rate of 10 per cent for the first two years. The first auction was scheduled for August 2003, but has been delayed because the Legislative Assembly has directed the amending legislation to a Standing Committee, which considered it over the period to December 2003. The Committee’s report was provided to the Government on 17 December 2003 and did not fully endorse the Government’s proposed approach to taxi and hire car deregulation. A response to the Committee’s report is currently being drafted. • The ICRC released its report in June 2002. It endorses removal of supply restrictions and proposes three options for compensation (it does not recommend any particular option). Motor Vehicles (Dimensions and Mass) Act 1990 National Environment Protection Council Act 1994 National Exhibition Centre Trust Act 1976 DUS DUS CMD Act assessed as not restricting competition. Act assessed as not restricting competition. Act assessed as not restricting competition. Review not required. Review not required. Review not required. Act retained without reform. Page 9.38 9 Australian Capital Territory Name of legislation Nature Conservation Act 1980 Agency DUS Major restrictions Controls on commerce in animals and plants. Review activity Targeted public review completed in 1999. Review found that these restrictions would be justified provided that the lists of protected and exempt plants were reviewed to ensure that entries were justifiable on conservation grounds. Reform activity A review of the Act was completed in June 1999 and determined that provisions within the legislation were consistent with the objectives of the Act and necessary to conserve the ACT's biodiversity for current and future generations. However, several of the schedules of protected and controlled flora and fauna were out of date or considerably more restrictive than in other jurisdictions. Subsequently, a review of the schedules was undertaken to ensure that only those animals or plants necessary to conserve local biodiversity were granted protection under the Act and that flora and fauna commercial and hobby activities were not adversely affected. The revised schedules were prepared and tabled in the Legislative Assembly in June 2002. Noise Control Act 1988 Notaries Public Act 1984 DUS JACS Act assessed as not restricting competition. Review not required. Act repealed by the Environment Protection Act 1997. Page 9.39 Legislation Review Compendium Name of legislation Nurses Act 1988 Agency ACT Health Major restrictions Restrictions on entry, registration, title, and disciplinary provisions. Review activity Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. The review did not make any recommendations regarding the regulation of nurses. Review not required. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2003, which will repeal existing health professionals Acts and replace them with a consolidated Act, was introduced to the Legislative Assembly on 11 December 2003, and is scheduled for debate in March 2004. Enactment is expected by June 2004. Oaths and Affirmations Act 1984 JACS Act assessed as not restricting competition. Page 9.40 9 Australian Capital Territory Name of legislation Occupational Health and Safety Act 1989 Agency CMD Major restrictions Act assessed as not restricting competition. Review activity Review, in conjunction with the Dangerous Goods Act 1984, the Scaffolding and Lifts Act 1957 and the Machinery Act 1949, under way. Review examining the development of an integrated performance-based regulatory regime for workplace safety, dangerous goods and those areas currently regulated under the Scaffolding and Lifts Act and the Machinery Act, in line with agreements reached in 1991 by Premiers and Chief Ministers that jurisdictions would pursue the development of nationally uniform, flexible and performance-based regulations under parent occupational health and safety legislation. RIS issued for consultation comments. Following the October 2001 election, the Government continuing to progress the review and the ACT Occupational Health and Safety Council are shortly to consider the issue and report to the Government. Reform activity The Government commenced a new review of the Act which will progress the general objective of achieving an integrated and modernised regulatory regime. Amending legislation in the form of the Occupational Health and Safety Amendment Bill 2004 was introduced into the Legislative Assembly on 12 February 2004. Ombudsman Act 1989 JACS Act assessed as not restricting competition. Review not required. Page 9.41 Legislation Review Compendium Name of legislation Optometrists Act 1956 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review activity Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2003, which will repeal existing health professionals Acts and replace them with a consolidated Act, was introduced to the Legislative Assembly on 11 December 2003, and is scheduled for debate in March 2004. Enactment is expected by June 2004. In addition, legislative amendments are being prepared to allow optometrists to prescribe certain therapeutic ocular drugs. These amendments will come into effect in 2004. Ozone Protection Act 1991 Parental Leave (Private Sector Employees) Act 1992 Partnership Act 1963 DUS CMD Act assessed as not restricting competition. Act bestows employee benefits. Minor issues. Review not required. Act repealed by the Environment Protection Act 1997. Act retained without reform. JACS Intradepartmental review completed in 2000. Amendments recommended by the review included in the Justice and Community Safety Legislation Amendment Act (No. 2) 2000. Amendments remove a disincentive to Australian Capital Territory partners accepting positions on public or private sector corporate boards. Page 9.42 9 Australian Capital Territory Name of legislation Pawnbrokers Act 1902 (New South Wales) in its application to the Territory Agency JACS Major restrictions Licensing, registration, entry requirements (aged over 18 years, fit and proper person), the reservation of practice, business conduct (prescribed records, public auction unredeemed goods over $10, cooperation with police). Review activity Intradepartmental review completed in 2001. Review recommended retaining the Act, but amending it to take into account new technology and repealing archaic business rules. Reform activity Amendments involving simplified licensing procedures have been agreed to by the Government, and implemented through the Justice and Community Safety Legislation Amendment Act 2002. Payroll Tax Act 1987 CMD Initial intradepartmental review completed. Act assessed as not restricting competition. No further review required. Act assessed as not restricting competition. Act assessed as not restricting competition. Prohibits use of pesticides unless registered. Review not required. Review not required. Act repealed and replaced by the Environmental Protection Act 1997. This Act prohibits 'off-label' use unless with a permit and requires authorisation of chemical use in line with review recommendations. Periodic Detention Act 1995 Perpetuities and Accumulations Act 1985 Pesticides Act 1989 JACS JACS DUS Page 9.43 Legislation Review Compendium Name of legislation Pharmacy Act 1931 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity National Review of Pharmacy Regulation (Wilkinson Review) completed in February 2000. Review recommended retaining registration, the protection of title, practice restrictions and disciplinary systems (although with minor changes to the registration systems recommended for individual jurisdictions). Further, the review recommended maintaining existing ownership restrictions, and removing business licensing restrictions. CoAG referred the national review to a senior officials working group, which recommended that CoAG accept most of the national review recommendations (except the recommendation on nonpharmacy ownership of pharmacies by friendly societies and other nonpharmacists that currently own pharmacies). Also part of targeted public review of health practitioner registration Acts. Review completed in March 2001. Reform activity Legislation was passed in August 2001 amending the Pharmacy Act to allow pharmacy companies to be registered as pharmacists. Draft legislation is being prepared for government consideration on 9 March 2004 that is designed to allow the operation of friendly society-owned pharmacies in the ACT, utilising the Australian Government’s Corporations Act 2001 as the basis to define ‘friendly society’. Subsequent introduction into the Legislative Assembly is expected in March/April 2004 with enactment expected by June 2004. Page 9.44 9 Australian Capital Territory Name of legislation Physiotherapists Act 1977 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2003, which will repeal existing health professionals Acts and replace them with a consolidated Act, was introduced to the Legislative Assembly on 11 December 2003, and is scheduled for debate in March 2004. Enactment is expected by June 2004. Page 9.45 Legislation Review Compendium Name of legislation Plant Diseases Act 1934 Agency DUS Major restrictions Restrictions on introduction into the ACT of declared pests and diseases. Destruction of neglected trees. Quarantine control provisions. Specifies particular products for use in controlling fruit fly and aphidae. Specifies particular kinds of packaging. Imposes restrictive standards on fruit for retail sale. Review activity Review in conjunction with the Land (Planning and Environment) Act 1991 (pest plant and animal provisions) completed. Review recommended: • retaining restrictions on introduction into the ACT of declared pests and diseases, provisions relating to the destruction of neglected trees and quarantine control provisions; repealing provisions that specified particular products for use in controlling fruit fly and aphidae, particular kinds of packaging, and that imposed inappropriate and unduly restrictive standards on fruit for retail sale; and retaining provisions relating to pest plant and animals. Reform activity Amending legislation, the Plant Diseases Act 2002, passed in December 2002. • • Plumbers, Drainers and Gasfitters Board Act 1982 DUS Licensing, registration, entry requirements (skills, qualifications, experience, age 18 years or over, fit and proper), reservation of practice (install or fit fire-fighting sprinkler system, sanitary plumbing work, water supply plumbing work, laying or repairing drains, install/repair/ inspect/test consumer natural gas piping systems and gas appliances), and disciplinary processes. Targeted public review, in conjunction with the Electricity Act 1971 (electricians licensing), and the Building Act 1972, by Allen Consulting Group completed in August 2000. Review focused on regulation of building occupations and insurance arrangements. Review recommended legislation should be replaced by a single new Act for licensing of builders, electricians, plumbers, drainers and gasfitters; existing boards be abolished and replaced by a single Registrar supported by separate advisory panels; various changes to remove duplication and streamline licensing arrangements; and changes to disciplinary system. See the Building Act 1972. The Construction Occupations (Licensing) Bill 2003 was introduced into the Legislative Assembly on 20 November 2003. The Bill is scheduled for debate in early March 2004 with enactment expected to occur by mid2004. The Bill introduces significant reforms to the regulation of building and construction industry trades and implements the recommendations of the National Competition Policy review of Occupational Licensing in the ACT, which reflected reform proposals that have been considered over a number of years. Page 9.46 9 Australian Capital Territory Name of legislation Podiatrists Act 1994 Agency ACT Health Major restrictions Restrictions on entry, registration, title, practice, and disciplinary provisions. Review activity Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Part of Galbally Review. Draft review report released on 11 September 2000. Final review report given to the AHMC in early 2001. It found a net benefit from regulating drugs, poisons and controlled substances, but also found that controls could be reduced in some areas, efficiency improved, and nonlegislative policy responses used in some areas. Reform activity The Government considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2003, which will repeal existing health professionals Acts and replace them with a consolidated Act, was introduced to the Legislative Assembly on 11 December 2003, and is scheduled for debate in March 2004. Enactment is expected by June 2004. Poisons Act 1933 ACT Health Restricts the sale and storage of poisons and biological substances. The AHMAC established a Working Party to develop a draft response for CoAG consideration. The working party's draft response, which has been endorsed by AHMAC, was considered by the Primary Industries Ministerial Council before being forwarded to CoAG. The response was endorsed by AHMC out of session in October 2003 and is expected to be considered by CoAG, together with the Galbally report, in early 2004. The ACT is awaiting CoAG’s final response before commencing legislative changes. Page 9.47 Legislation Review Compendium Name of legislation Poisons and Drugs Act 1978 Agency ACT Health Major restrictions Review activity Part of Galbally Review. Draft review report released on 11 September 2000. Final review report given to the AHMC in early 2001. AHMAC Working Party considered review and reported back to Health Ministers in June 2002. Reform activity See the Poison Act 1933. AHMAC established a Working Party to develop a draft response for CoAG consideration. The working party's draft response, which has been endorsed by AHMAC, was considered by the Primary Industries Ministerial Council before being forwarded to CoAG. The response was endorsed by AHMC out of session in October 2003 and is expected to be considered by CoAG, together with the Galbally report, in early 2004. The ACT is awaiting CoAG’s final response before commencing legislative changes. Pool Betting Act 1964 DoT Approvals for conduct of pool betting competitions, restrictions on advertising and other conduct, possible supervision of competitions, levies and probity of financial arrangements. Establishes government operated pounds. Confers differential benefits on market participants as to impounding stock depending on what stock they keep and where their property is located. Act assessed as not restricting competition. Review completed in 1998. Review found that the current duopoly is no barrier to new entrants and recommended no change to the legislation. The Government accepted the recommendation. Pounds Act 1928 DUS Review by officials, in conjunction with the Animal Diseases Act 1993 and the Stock Act 1991, completed. Review found the restrictions to be in the public interest. No reform recommended. Act retained without reform. Powers of Attorney Act 1956 JACS Review not required. Page 9.48 9 Australian Capital Territory Name of legislation Presbyterian Church (Proposals for Union with other Churches) Act 1972 Presbyterian Church Trust Property Act 1971 Agency JACS Major restrictions Act assessed as not restricting competition. Review activity Review not required. Reform activity JACS Intradepartmental review completed in 1999. Review concluded that to the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Intradepartmental review completed in 1999. Minor NCP issues (imposes conduct requirements). Intradepartmental review completed in October 2000. The Act has a high public benefit. While competition policy issues have been identified, the legislation is justified on a cost–benefit basis. Some changes may be desirable having regard to any changes to Australian Government legislation. Review not required. Part of a national regulatory scheme subject to separate review requirements. Legislation is subject to overriding public safety considerations. Intradepartmental review completed in August 2000. Review found that regulation of prostitution is necessary to address public health concerns and protect children from exploitation, and that the benefits outweigh its cost to business. Act retained without reform. Printing and Newspapers Act 1961 Proceeds of Crime Act 1991 JACS JACS Act repealed. Act retained without reform. Prohibited Weapons Act 1996 JACS Prostitution Act 1992 JACS Act retained without reform. Page 9.49 Legislation Review Compendium Name of legislation Protection of Lands Act 1937 Agency DUS Major restrictions Act assessed as not restricting competition. Review activity Interdepartmental review. Following preliminary review work, the Trespass on Territory Land, the Enclosed Lands and the Recovery of Lands Acts removed from joint review as no competition restrictions identified. Review of health practitioner legislation completed in March 2001. Review found a net public benefit in retaining title protection (and associated entry standards). Review did not establish an overwhelming benefit in maintaining scope of practice restrictions. Review recommended recasting provisions relating to standards of conduct as specific, unambiguous conduct requirements that have an identifiable and direct public/protection role. Review recommended replacing current advertising restrictions with a prohibition on misleading advertising. Review also made regulatory reform recommendations in relation to reviews of board decisions, and the involvement of independent bodies in conducting disciplinary hearings. Review not required. Review not required. Reform activity Act repealed on 29 March 2001. Psychologists Act 1994 ACT Health Restrictions on entry, registration, title, practice, and disciplinary provisions. The Government considered the review reform proposals and agreed to the drafting of revised legislation. The Health Professionals Bill 2003, which will repeal existing health professionals Acts and replace them with a consolidated Act, was introduced to the Legislative Assembly on 11 December 2003, and is scheduled for debate in March 2004. Enactment is expected by June 2004. Public Baths and Public Bathing Act 1956 Public Health (Miscellaneous Provisions) Act 1997 DEYFS ACT Health Act assessed as not restricting competition. Limited restrictions on competition. Act repealed. Page 9.50 9 Australian Capital Territory Name of legislation Public Health (Prohibited Drugs) Act 1957 Agency ACT Health Major restrictions Limits business conduct. Review activity Review completed. Part of Galbally Review. Draft review report released on 11 September 2000. Final review report given to the AHMC in early 2001. Reform activity AHMAC established a Working Party to develop a draft response for CoAG consideration. The working party's draft response, which has been endorsed by AHMAC, was considered by the Primary Industries Ministerial Council before being forwarded to CoAG. The response was endorsed by AHMC out of session in October 2003 and is expected to be considered by CoAG, together with the Galbally report, in early 2004. The ACT is awaiting CoAG’s final response before commencing legislative changes. Public Health Act 1928 ACT Health Act repealed by the Public Health Act 1997. Page 9.51 Legislation Review Compendium Name of legislation Public Health Act 1997 Agency ACT Health Major restrictions Limits conduct. Review activity The ACT commenced a process of reviewing its public health legislation by introduction of the Public Health Act 1997. This legislation established a template for the management of health risk activities or procedures through a Code of Practice approach. As codes of practice are developed existing health risk management provisions that are under the former Public Health Act 1928 repealed. The revised legislative approach while more focussed on outcomes, stakeholder collaboration and the currency of the health risk, retains potential restrictions on approval, activity and conduct. Accordingly the revised legislation has potential to impose costs and restrict competition. A departmental review has been completed that identifies the anticompetitive provisions that arise through the application of the Act to health risk activities and procedures. Review, in conjunction with the Lakes Act 1976, completed. Reform activity Amendment Bill May 2000 (subsequently passed) introduced some negative licensing provisions to address the anticompetitive provisions identified in the review. Reforms (in the form of introducing codes of practice) were introduced on an incremental basis as the Public Health Act 1928 is progressively repealed. These included: • • • swimming and spa pools (1999); drinking water, cooling towers and hairdressing (2000); and health care facilities (2001). Public Parks Act 1928 DUS Act repealed by the Statute Law (Amendment) Act 2000. Page 9.52 9 Australian Capital Territory Name of legislation Public Sector Management Act 1994 Agency DoT Major restrictions Requirement that permanent ACT government employees join the Australian Government Superannuation Scheme as 'eligible employees' under the Australian Government's Superannuation Act 1976. The Public Sector Management Act allows appointees to the ACT Senior Executive Service to join any approved superannuation fund, unless already members of the Australian Government scheme. Review activity The ACT has not reviewed its superannuation arrangements as it is constrained in its capacity to offer a choice of superannuation provider to its permanent public servants until the position of the Australian Government’s superannuation legislation has been resolved. The passage of amending Australian Government legislation providing for choice of superannuation fund was not passed by the Senate following its introduction in 2001. In December 2003, the Australian Government released an exposure draft of a paper relating to possible amendment to the Public Sector Superannuation (PSS) scheme. The paper specifically noted that changes to superannuation arrangements did not include providing for choice of fund. Intradepartmental review completed in August 2000. The Public Trustee performs functions that benefit greatly the wider community. A number of minor noncompetition issues (concerning the ambit of the Trustee's discretion) were identified for further consideration. Reform activity Until reform issues regarding the Australian Government’s legislation have been settled, review and any subsequent reform in the ACT is not possible. Public Trustee Act 1985 JACS Prohibits other than Trustee companies to act as Public Trustee. Act retained without reform. Rabbit Destruction Act 1919 DUS Act repealed by the Land (Planning and Environment) (Amendment) Act 1997 (No.7) and relevant provisions transferred to the Land (Planning and Environment) Act 1991. Page 9.53 Legislation Review Compendium Name of legislation Race and Sports Bookmaking Act 2001 Agency DoT Major restrictions Review activity Review of Bookmakers Act 1985 resulted in the new Race and Sports Bookmaking Act 2001. Reform activity Act repealed and replaced the Bookmakers Act 1985. This Act: • removes the requirement for racing club approval to grant bookmakers licences; removes racing club-specific restrictions on bookmakers licences; allows an independent authority (the Australian Capital Territory Gambling and Racing Commission) to assess licence applications; removes limitations on phone betting; removes the requirement for sports bookmakers licence (or agents licence) holders to first obtain a standing bookmakers licence; removes the limit on the number of sports bookmaking licences granted; allows for flexibility in the location of betting office operations; and relates the size of the betting security guarantee to the amount of risk. • • • • • • • Arrangements fully implemented except for the sports’ bookmakers security guarantee. This item is expected to be finalised in 2003-04. Page 9.54 9 Australian Capital Territory Name of legislation Racecourses Act 1935 Agency DoT Major restrictions Review activity Review not required. Reform activity Act repealed and provisions incorporated in new racing legislation the Racing Act 1999. Act passed in 2000 and commenced in June 2001. Racing Act 1999 DoT Regulates thoroughbred racing, harness racing and greyhound racing conducted for the purpose of betting, and for related purposes; including restrictions on holding race meetings and setting up controlling bodies for each racing mode. New legislation. RIS completed. Radiation Act 1983 ACT Health National review completed. The Radiation Health Committee of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) is shortly expected to release the draft of the National Directory for Radiation Protection (NDRP) for the second, and last, round of public comments. Flowing from the NCP review of radiation protection legislation undertaken by ARPANSA, the NDRP will provide the ‘best practice’ template for jurisdictions to make legislative amendments to incorporate the findings agreed to by the Australian Health Ministers’ Conference in September 2002. Contingent upon approval of the final draft of the NDRP by the Australian Health Ministers’ Conference, the NDRP is expected to be available in the second half of 2004 and amendments to the Radiation Act 1983 will be dependent on the final form of that document. Page 9.55 Legislation Review Compendium Name of legislation Rates and Land Rent (Relief) Act 1970 Rates and Land Tax Act 1926 Agency DoT Major restrictions Review activity Intradepartmental review completed in 1998. Act assessed as not restricting competition. No further review required. Intradepartmental review completed in 1998. Act assessed as not restricting competition — no further review required. Intradepartmental review completed in 1998. Act assessed as not restricting competition — no further review required. Review not required. Intradepartmental review completed. Act assessed as not restricting competition. Review not required. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Intradepartmental review completed in 2000. Act assessed as not restricting competition. Reform activity DoT Rates and Land Tax Act 1986 DoT Real Property (Unit Titles) Act 1970 Recovery of Lands Act 1929 Registration of Births, Deaths and Marriages Act 1963 Registration of Deeds Act 1957 Registration of Interests in Goods Act 1990 Road Transport (Driver Licensing) Act 1999 JACS DUS JACS JACS Act repealed. Act retained without reform. Act repealed. Act retained without reform. JACS Act repealed by the Sale of Motor Vehicles Amendment Bill 2000. Road Transport (Driver Licensing) Regulations 2000 introduced to meet national reform requirements. DUS Licensing, entry requirements (accreditation: skills, completed training course, aged at least 21 years, suitable person, medically fit), the reservation of practice, and business conduct (vehicle requirements unless vehicle provided by person under instruction, display certificate). New legislation introduced to meet national reform requirements. Page 9.56 9 Australian Capital Territory Name of legislation Road Transport (General) Act 1999 Agency DUS Major restrictions Mandatory insurance, licensing of insurers, setting fees, implementing National Road Transport Commission Agreements. Review activity Review not required. Legislation allows the Government to approve multiple insurers. Reform activity Road Transport (Public Passenger Services) Act 2001 DUS RIS completed. The 'NCP Review of ACT Taxi and Hire Car Legislation' was prepared by Freehills Regulatory Group. Recommendations included the introduction of accreditation for taxi operators and networks, the removal of cross border restrictions, and the removal or loosening of licence supply constraints through transitional adjustments. Act provides for the accreditation of bus operators and allows the Government to enter into contracts to provide regular public passenger transport services in the ACT. Act also provides for accreditation of taxi networks and taxi operators. The Road Transport (Public Passenger Services) Amendment Bill 2003 would repeal these provisions and provide for the specification in regulation of a process for the release of licences at auction in accordance with a formula. The 2003 amendment Bill was referred to a Legislative Assembly Standing Committee which was given until December 2003 to report. The Committee’s report was provided to the Government on 17 December 2003 and did not fully endorse the Government’s proposed approach to taxi and hire car deregulation. A response to the Committee’s report is currently being drafted. Page 9.57 Legislation Review Compendium Name of legislation Roads and Public Places Act 1937 Agency DUS Major restrictions Review activity Targeted public review, in conjunction with the Litter Act 1977, completed in 2000. Final review report concluded that in terms of the requirements under NCP guidelines the Act does restrict business to some extent in terms of the areas available for commercial activity and through its advertising restrictions. The public protection and safety benefits of the Act outweigh these impacts on competition. Intradepartmental review completed in 1999. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Act assessed as not restricting competition. Reform activity The Government accepted the review recommendations. Act retained without reform. Roman Catholic Church Property Trust Act 1937 JACS Act retained without reform. Sale of Goods (Vienna Convention) Act 1987 Sale of Goods Act 1954 JACS JACS Imposes conduct requirements inconsistent with the Australian Government TPA. Registration and business conduct of motor vehicle dealers. Intradepartmental review completed in July 2000. Minor amendments identified. Intradepartmental review completed in 2001. Review found a strong public interest case for retaining the regulatory regime, given the risk of the motor vehicle market being used by criminals to pass on stolen goods. Review recommended amending the Act to remove archaic provisions. Intradepartmental review completed in 1999. Minor issues. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Act amended by the Fair Trading Amendment Act 2001. The Government implemented the review recommendations through the Justice and Community Safety Legislation Amendment Act 2001. Sale of Motor Vehicles Act 1977 JACS Salvation Army Property Trust Act 1934 JACS Act retained without reform. Page 9.58 9 Australian Capital Territory Name of legislation Scaffolding and Lifts Act 1957 Agency CMD Major restrictions Review activity Review, in conjunction with the Occupational Health and Safety Act 1989, completed. Review, in conjunction with the Occupational Health and Safety Act 1989, completed. Reform activity Act repealed by the Occupational Health and Safety (Amendment) Act 1997. Act repealed by the Occupational Health and Safety (Amendment) Act 1997. The Government accepted the review recommendations. Amendments passed by Assembly in the Justice and Community Safety Legislation Amendment Act (No. 2) 2001. Scaffolding and Lifts Act, 1912-1948 (New South Wales) in its application in the Territory Second-hand Dealers and Collectors Act 1906 (New South Wales) in its application in the Territory CMD JACS Licensing, registration, entry requirements (aged over 18 years, fit and proper person), the reservation of practice (persons who deal in certain second-hand goods), and business conduct (prescribed records, holding of goods for prescribed period, cooperation with police). Departmental review completed in 2000. Recommended: updating definition of second-hand goods; altering business conduct requirements to take into account new technology; and repealing a number of the business rules in the legislation and repealing provisions dealing with the licensing and regulation of collectors. Review completed in 2002. Review not required. Review not required. Sexually Transmitted Diseases Act 1956 Skin Penetration Procedures Act 1994 Small Claims Act 1974 Smoke-free Areas (Enclosed Public Places) Act 1994 Stamp Duties and Taxes Act 1987 Standard Time and Summer Time Act 1972 ACT Health ACT Health JACS ACT Health DoT Prohibits or restricts smoking in enclosed public places. Act to be retained on public health grounds. Act repealed. Act repealed. Act retained without reform. Review completed in June 2002. Review recommended maintaining restrictions on public interest (public health) grounds. Intradepartmental review completed in 1998. Act assessed as not restricting competition. No further review required. CMD Act assessed as not restricting competition. Review not required. Act retained without reform. Page 9.59 Legislation Review Compendium Name of legislation Stock Act 1991 Agency DUS Major restrictions The Government determines stock carrying capacity for rural leases (which affects the level of the stock levy imposed). Restricts the movement of stock. Review activity Review, in conjunction with the Animal Diseases Act 1993 and the Pounds Act 1928, completed. Review found the restrictions to be in the public interest. No reform recommended. Intradepartmental review completed in 1999. Act assessed as not restricting competition. Intradepartmental review completed in 1999. Minor issues. Reform activity Act retained without reform. Subordinate Laws Act 1989 JACS Act retained without reform. Substitute Parent Agreements Act 1994 Supervision of Offenders (Community Service Orders) Act 1985 Supreme Court Act 1933 Surveyors Act 1967 JACS JACS Act assessed as not restricting competition. Act assessed as not restricting competition. Licensing, entry restrictions (educational prerequisites), the reservation of title and practice, ability of board (made up of mostly surveyors) to make regulations and undertake disciplinary processes. Act to be retained on public benefit test. Review not required. JACS DUS Review not required. Review completed in December 1998. Review recommendations included retaining registration, having less rigorous entry standards and abolishing the board in favour of powers of a Chief Surveyor. The Government accepted all recommendations but deferred considering removing compulsory postgraduate entry requirements until all jurisdictions have completed their reviews of surveyors legislation. The new Act gives powers to a Commissioner for Surveys (not a Chief Surveyor). A new Surveyors Act 2001 was passed in February 2001. The Act commenced on 26 July 2001. Act repealed by the Leases (Commercial and Retail) Act 2001. Tenancy Tribunal Act 1994 Territory Owned Corporations Act 1990 JACS DoT Potential (marginal) restrictions on competition in section 18. Review not required. Targeted public review completed in 1998. Act assessed as not restricting competition. Page 9.60 9 Australian Capital Territory Name of legislation Theatres and Public Halls Act 1928 Tobacco Act 1927 Agency CMD ACT Health Major restrictions Review activity Review completed in 1998. Review, in conjunction with the Smoke Free Areas (Enclosed Public Places) Act 1994, completed in June 2002. Review recommended maintaining restrictions on public interest (public health) grounds. Reform activity Act repealed in March 2001. Act retained without reform Tobacco Products (Health Warnings) Act 1986 Trade Measurement (Administration) Act 1991 Trade Measurement Act 1991 Trading Hours Act 1962 Trading Stamps Act 1972 Transplantation and Anatomy Act 1978 ACT Health JACS JACS CMD JACS ACT Health Restrictions on competition throughout Act. Act assessed as not restricting competition. Targeted public review completed. Review report redrafted to take account of 1999 amendments to the Act. Review not required. National review completed. Intradepartmental review completed. Act repealed in 2001. Act adopted recommendations of national review in 2002. Legislation repealed. Act assessed as not restricting competition. Restrictions on trading in human tissue. Review not required. Review completed in 2002. Act to be retained on public interest (maintaining medical ethical standards) grounds. Page 9.61 Legislation Review Compendium Name of legislation Trans-Tasman Mutual Recognition Act 1997 Agency CMD Major restrictions Review activity National review completed in 1998. The PC is currently undertaking a review of the Trans-Tasman Mutual Recognition Agreement (TTMRA). Submissions closed on 28 March 2003 and the PC’s research paper was released in October 2003. The key finding was that the TTMRA has been effective overall in achieving the objective of assisting the integration of the Australian and New Zealand economies and promoting competitiveness. Currently, there are a number of special exemptions from the TTMRA and are matters primarily involved with public safety. They are: therapeutic goods, hazardous substances, industrial chemicals and dangerous goods, consumer product safety standards, road vehicles standards, gas appliances standards, electromagnetic compatibility and radiocommunications standards. The PC recommended that many of the exemptions should remain, because mutual recognition would erode justified regulatory differences. Reform activity A response to the PC’s review is currently being prepared for endorsement by CoAG. The ACT's legislation mirrors the Australian Government’s; accordingly, any legislative amendments resulting from the review’s recommendations will be determined at the Australian Government level. Trespass on Territory Land Act 1932 DUS Act assessed as not restricting competition. Review not required. Act retained without reform. Page 9.62 9 Australian Capital Territory Name of legislation Trustee Act 1957 Agency JACS Major restrictions Minor issues. Review activity Intradepartmental review completed in 1999. Reform activity Anticompetitive provisions repealed. Repeal of listed investments in Trustee (Amendment) Bill 1999 to allow a trustee to invest in any form of investment. However, it also requires the trustee to exercise the care, diligence and skill that a prudent person would exercise in managing the affairs of other persons. Act to be repealed by proposed uniform trustee companies legislation drafted for consideration by the Standing Committee of AttorneysGeneral (SCAG). Act to be retained on public interest (public health) grounds. Trustee Companies Act 1947 JACS No competitive restrictions National review under way. Tuberculosis Act 1950 Unclaimed Moneys Act 1950 Uncollected Goods Act 1996 Unit Titles Act 1970 ACT Health JACS JACS DUS Act assessed as not restricting competition. Act assessed as not restricting competition. Act assessed as not restricting competition. Review completed in 2002. Review not required. Review not required. Review completed in 2000. This Act has been the subject of a major non-NCP review. There are no identified restrictions on competition. Intradepartmental review completed in 1999. To the extent that the Act does not give the church a commercial advantage, the Act does not have an anticompetitive effect. Act assessed as not restricting competition. Review not required. Replacement legislation passed in April 2001 and commenced on 6 October 2001. See the Unit Titles Act 2000. Act retained without reform. Uniting Church in Australia Act 1977 JACS University of Canberra Act 1989 DEYFS Page 9.63 Legislation Review Compendium Name of legislation Unlawful Games Act 1984 Agency DoT Major restrictions Review activity Targeted public review completed as part of the gambling legislation review. This Act can be described as a 'prohibition' Act: the Act prohibits certain gambling activities unless those activities are lawful under other laws. As such, the notion of competition does not apply to the substance of these Acts as it does to other gambling acts. Reform activity The NCP review did not make any recommendations in relation to this Act, and consequently no Government response is required. Utilities Act 2000 DUS Introduction of the Act followed public consultation and review of both existing regulatory arrangements and principles for effective regulation. The Utilities Act implemented. The Act amends or repeals a number of other electricity-related Acts including the Electricity Supply Act 1997, the Electricity Act 1971, the Energy and Water Act 1988 and the Essential Services (Continuity of Supply) Act 1992. The Government expects to amend the legislation in 2004. (See reform activity for the Medical Practitioners Act 1930.) A submission is currently being prepared for consideration by the Government to enable reform of the Act. Amending legislation is to be based on the reform model utilised for reform of health professionals, the Health Professionals Bill 2003. Reforms required are minor in nature and will be completed in 2004. Veterinary Surgeons Registration Act 1965 ACT Health Licensing of veterinary surgeons, reservation of practices and reservation of title Review completed in March 2001. Review recommended: • • retaining registration, reservation of title and clear conduct standards; and removing the general reservation of practice. Page 9.64 9 Australian Capital Territory Name of legislation Vocational Education and Training Act 1995 Agency DEYFS Major restrictions Registration of training providers and accreditation of training providers. Review activity Intradepartmental review completed. Review concluded that public benefit of restrictions outweigh costs. Reform activity Act retained without reform. Amendments proposed to meet national consistency requirements for registration of training organisation and accreditation of courses in both vocational education and training and higher education was introduced in the Legislative Assembly in April 2003 and passed in August 2003. Witness Protection Act 1996 Workers' Compensation Act 1951 JACS CMD Act assessed as not restricting competition. Mandatory insurance, and licensing of insurers. Review not required. Review completed in July 2000. Review recommended changes to scheme design elements and a greater capacity to selfinsure. Draft exposure Bill released in December 2000. The Workers Compensation (Amendment) Act 2001 was passed in August 2001 (effective from 1 July 2002). It retains no premium setting, and choice of fund. Act retained without reform. Workers' Compensation Supplementation Fund Act 1980 CMD Act assessed as not restricting competition. Review not required. Page 9.65