Legislation Review Database New South Wales March 2003 Key to ministerial portfolio abbreviations A Ag AG C EU FT GR H IP IR LG MR Po R RD SB SD Tr TS Arts Agriculture Attorney General Commerce Energy and Utilities Fair Trading Gaming and Racing Health Infrastructure and Planning Industrial Relations Local Government Mineral Resources Police Roads Regional Development Small Business State Development Treasury Transport Services 1 Env Environment TSR Tourism, Sport and Recreation N SW Legislation Review Schedule: 2003 Name of legislation Agricultural Tenancies Act 1990 Agency Major restrictions Ag Comments on review Regulates the rights of Review completed in 1999. The review agricultural landowners, tenants, recommended: share-farmers and other tenant related issues where the farmers rewriting the objectives of the Act have not made their own to be environment protection, agreements; and provides for achieving certainty in tenancy determination of disputes by agreements, and dispute resolution; compulsory arbitration. providing for referral of the parties to mediation before starting an arbitration; and providing for referral of disputes to courts of competent jurisdiction and for appeals to the Administrative Decisions Tribunal. Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Report availability Publicly available Comments on reform The NSW Parliament passed the recommended changes in April 2001 with the Agricultural Tenancies Amendment Act 2001. Agriculture and Veterinary Ag Chemicals (NSW) Act 1994 National review completed in 1999. The Publicly Act was part of a national review and available outstanding NCP issues are being addressed on a national basis rather than by any jurisdiction individually in accordance with the strategy for review and reform agreed by governments in 2000. NSW is fulfilling its obligations as a party to this national approach, which includes addressing the issues of: licensing of agricultural chemical manufacturers; regulation of low-risk chemicals; contestability of chemical assessment services; and third party access to chemical assessment data N SW Legislation Review Schedule: 2003 2 Name of legislation Air Transport Act 1964 Agency Major restrictions TS Comments on review Prohibits, in certain Review completed in 1999. circumstances, the carriage by aircraft of passengers or goods from one place to another within NSW except if the Minister grants a licence. Amends certain Acts. Report availability Publicly available Comments on reform In August 1999, the Government announced that it would pursue deregulation via administrative means. From 26 March 2000, restrictions on the number of airlines that operate on routes to and from Sydney Airport, with annual air patronage exceeding 20,000, were removed. These 17 routes accounted for 86 per cent of all intrastate passenger journeys. In October 2002, in response to the continuing severe downturn in the NSW intrastate air market, the threshold for restrictions on routes to and from Sydney Airport was raised from 20,000 to 50,000 passengers annually. These decisions were a considered response to instability in the intrastate aviation sector. The services at or above the 50,000 passengers per annum level represent 10 routes and 76% of all intrastate passenger journeys. No operators were removed as a result of the changed threshold, as all services affected were already operating as single operator routes. The 1999 review report is publicly available and subsequent decisions were publicly announced. N SW Legislation Review Schedule: 2003 3 Name of legislation Animal Research Act 1985 Agency Major restrictions Ag Comments on review Report availability Comments on reform It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Regulates the carrying out of Review completed July 2002 and final animal research and the supply of report has been submitted to the animals for research. Requires Minister for Agriculture. that authorisations may only be granted for recognised research purposes involving research, teaching, testing and the production of biological products. Requires beekeepers to register, with fees. Prohibits the sale or disposal of diseased bees or appliances, or importing bees likely to spread diseases. Bees must be kept in identified hives. Beekeeping on premises can be prohibited or restricted. Inspectors can enter and inspect premises. Review completed July 2002. Final report is under consideration by the Government. Part of a generic review of all plant and animal disease legislation. Apiaries Act 1985 Ag It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Architects Act 1921 C Registration, entry requirements, National review completed by the reservation of title, disciplinary Productivity Commission in August processes, business restrictions. 2000. Publicly available The NSW Government approved implementation of the States and Territories Working Group response to the review in September 2002. The new Architects Bill 2002 was introduced into Parliament on 11 December 2002. It is intended that the Bill will be progressed after Parliament resumes during 2003. Australian Jockey Club Act 1873 GR Extends the period for which the trustees of the Randwick Racecourse are enabled to grant leases and to enable members of the Australian Jockey Club to sue and be sued in the name of the Chairman. Review completed in 1999, in conjunction with the Sydney Turf Club Act 1943. The Government accepted the review‟s recommendation that the lease arrangements in respect of Crown land be reviewed again in the course of the 10-year NCP review cycle. Refer to the Government‟s March 2002 Report to the NCC for further information. 4 N SW Legislation Review Schedule: 2003 Name of legislation Banana Industry Act 1987 Agency Major restrictions Ag Empowers the Banana Industry Committee (BIC) to regulate the quality of bananas produced in NSW and their subsequent transport to major intrastate markets, and impose compulsory charges on growers to fund industry service functions. Comments on review Review completed in 1998. The review recommended removing the BIC's power to regulate the marketing and transport of bananas. Report availability Publicly available Comments on reform NSW Parliament passed amendments to the Act in 2000. See the Banana Industry Amendment Act 2000. The Government‟s response: allowed the retention of the BIC's power to provide industry service functions and impose compulsory charges on banana growers to fund these service functions; removed some obsolete and unexercised powers of the BIC; and removed the BIC's transport direction power. Biological Control Act 1985 Ag Makes provision for the biological control of pests in NSW. Complementary to Commonwealth legislation. Deleted from review schedule as the COAG Committee on Regulatory Reform determined that the legislation has no anti-competitive impacts. N SW Legislation Review Schedule: 2003 5 Name of legislation Bookmakers Taxation Act 1917 Agency Major restrictions GR Comments on review Bookmakers are subject to Review completed in 2001. scrutiny by the Bookmakers Revision Committee (BRC) for probity and financial competence. A bookmaker may not operate without a current tax receipt issued by the BRC. Report availability Publicly available Comments on reform The Act was repealed on 1 July 2001. Taxation matters were transferred to the Betting Tax Act 2001 and nontaxation matters (mainly dealing with Bookmakers Revision Committee procedures) were transferred to the Racing Administration Act 1998. Non-taxation provisions were considered by the omnibus review of racing and betting legislation. Refer to page 46. On 1 May 2002 NSW abolished the State turnover tax on bookmakers, in regard to both racing betting and sports betting. It is estimated that this initiative will save the State‟s bookmakers approximately $2.4 million each year and assist them to remain viable and competitive with bookmakers in other States. Boxing and Wrestling Control Act 1986 TSR Conduct of professional boxing, provision for the Boxing Authority of NSW and definition of its functions, conduct of wrestling and amateur boxing contests. Review completed in February 2002. The review found that the primary objectives of the Act are to promote safety and to ensure integrity. The need to protect safety in combative contact sports is fundamental. The need to ensure integrity derives from the scope for corruption. The NSW Government considers that there is inherent net public benefit in regulating participation in dangerous combat sports. It is also appropriate that a person is demonstrably „fit and proper‟ to participate in this industry. Accordingly, the Government does not propose to change the regulatory framework at this time. N SW Legislation Review Schedule: 2003 6 Name of legislation Bread Act 1969 Agency Major restrictions IR Comments on review Report availability Comments on reform Act repealed. Restricts times for the baking and Review completed. delivery of bread. Licensing of bread manufacturers. Certification of operative bakers. Standard bread size. Constitutes a Bread Industry Advisory Council. Licensing, registration, entry requirements (qualifications or pass exams, experience, age, character), the reservation of practice (building work, electrical wiring work, plumbing and drainage work, roof plumbing work, refrigeration work, airconditioning work), business conduct (including insurance for building work over $5000 from approved private insurer), business licensing. Review completed in 1998. Review recommending reforms to remove unnecessary components of the licensing system, subject to an assessment of the expected impact on the home warranty insurance scheme. Consultations concluded that some licensing requirements were needed to underpin the insurance system. Building Services Corporation Act 1989 C White Paper Changed name to Home Building Act is publicly 1989, privatised compulsory insurance available and abolished business licensing. The Government released a White Paper in February 2001 proposing further reforms. The Home Building Legislation Amendment Bill 2001 was released for public consultation in March 2001 and enacted in July 2001. Various parts of the new Act commenced on 10 August 2001, 30 November 2001 and 1 January 2002. Remaining parts of the Act commenced during 2002. On 12 March 2002, the NSW and Victorian Governments announced the harmonisation of the two States‟ home warranty insurance schemes with reforms that will provide on-going protection for home owners. Further changes to Home Warranty Insurance (agreed with Victoria) were implemented in the Home Building Amendment (Insurance) Act 2002. The Act commenced on 1 July 2002. Business Franchise Licence Tr (Petroleum Products) Act 1987 Provides for the licensing of people carrying on the business of selling certain petroleum products. Review completed in 1997. Act repealed. N SW Legislation Review Schedule: 2003 7 Name of legislation Agency Major restrictions Provides for the licensing of people carrying on the business of selling tobacco. Relates to business licences. Comments on review Review completed in 1997. Report availability Comments on reform Act repealed. Business Franchise Licence Tr (Tobacco) Act 1987 Business Licences Act 1990 FT Review completed in 2001. The review Publicly recommended the Act be repealed. available Review completed in March 2002. The review recommended that the Act be retained with amendments to reduce some regulatory requirements on ebusiness to register names, and on other businesses to display their business names at premises. Publicly available Act repealed by the Business Licences Repeal and Miscellaneous Amendments Act 2001. The Government approved the review‟s recommendations in March 2002. The Business Names Act 2002 was assented to on 29 November 2002. Business Names Act 1962 FT Regulates and controls the registration and use of business names. There are restrictions on names that can be registered, as well as restrictions relating to certain words or phrases. Establishes the Casino Control Authority and issues exclusive licence for Sydney casino. Casino Control Act 1992 GR Review completed in 1998. The review Publicly recommended that the current exclusive available casino licence arrangements be maintained. The Government considered the review‟s findings in December 2000, but the report required updating before a final decision was made. The final report was completed in March 2003. The final report reaches broadly the same conclusions as the first report. The Government will consider the final report in 2003. Cattle Compensation Act 1951 Ag Provides for the levy of a rate by Review not required. Rural Lands Protection Boards with the proceeds of the levy being payable to the Cattle Compensation Fund and provides for payment of compensation to owners of cattle and carcasses of cattle destroyed because of disease. Act repealed. N SW Legislation Review Schedule: 2003 8 Name of legislation Charitable Fundraising Act 1991 Agency Major restrictions GR Regulates who may conduct or participate in charitable fundraising activities and the manner in which such activities are carried out. Comments on review Review completed. The review report confirmed that the current legislation generates net public benefit. Report availability Publicly available Comments on reform The Government approved the review‟s recommendations in October 2002. No further action is required. Chiropractors and Osteopaths Act 1991 H Entry, registration, title, practice, Review completed in January 2000. The Publicly discipline, advertising. review recommended separation of available Acts, removal of minimum age criteria, reserved practice provisions to be moved to the Public Health Act, changes to administration and disciplinary processes and removal of most restrictions on advertising. Provides for a classification scheme for publications, films and computer games. Complementary to Commonwealth legislation. Vests all coal in the Crown. Review not required. NSW Parliament has passed the Chiropractors Act 2001 and Osteopaths Act 2001 in line with the review‟s recommendations. The Chiropractors and Osteopaths Acts commenced on 1 August 2002. Classification (Publications Films and Computer Games) Enforcement Act 1995 Coal Acquisition Act 1981 AG This is a national scheme. A revised censorship regime with the support of all Australian jurisdictions came into operation on 1 January 1996. Act amended by the Coal Acquisition (Amendment) Act 1997. The Act is likely to be repealed when the NSW Coal Compensation Board is abolished. Act amended by the Coal Acquisition (Amendment) Act 1997. The Act is likely to be repealed when the NSW Coal Compensation Board is abolished. MR Review completed, in conjunction with the Coal Ownership (Restitution) Act 1990. Review completed, in conjunction with the Coal Acquisition Act 1981. Coal Ownership (Restitution) Act 1990 MR Provides for the restitution of certain coal acquired by the Crown as a result of the Coal Acquisition Act 1981. N SW Legislation Review Schedule: 2003 9 Name of legislation Coal Mines Regulation Act 1982 Agency Major restrictions MR Comments on review Report availability Comments on reform The Coal Mine Health and Safety Act 2002 was developed in response to these findings. The Act was passed by Parliament in December 2002, repealing the Coal Mines Regulation Act and complements the OHS Act. Regulates coal mines (and oil The NCP reviews of the Coal Mines shale and kerosene shale mines) Regulation Act 1982 (CMRA) and the and certain related places. Mines Inspection Act 1901 (MIA) were undertaken as part of a review of all legislation governing mine health and safety since the Gretley mine disaster in November 1996, in which four people were killed. Key conclusions of the review were that the regulatory approach to mine safety should place an onus on mine operators to develop occupational health and safety plans that are tailored to manage the health and safety requirements of their own operations, and that there should be consistency between mine safety legislation and the Occupational Health and Safety Act 2000 (OHS Act), covering all employers. The reforms were developed in conjunction with extensive consultations between the Government, Mine Safety Council and the industry, and addressed competition policy issues raised in the 2000 NCP issues paper for the Coal Mines Regulation Act. The legislation is fundamentally based on protecting the safety of workers and managing the particular risks arising from coal mining. N SW Legislation Review Schedule: 2003 10 Name of legislation Commercial Agents and Private Inquiry Agents Act 1963 Agency Major restrictions Po Licensing of commercial agents, private inquiry agents and their subagents. Registration, entry requirements (qualifications, experience, good fame and character, fit and proper person, aged at least 18 years, not convicted of an offence punishable on indictment within past 10 years), the reservation of practice, disciplinary processes, business conduct (advertising must specify agent's name and place of business, maintain records, trust account, fidelity bonds). Comments on review Initial review completed under the Licence Reduction Program. Review recommended the Act be repealed and replaced by new legislation that: involves business licensing, rather than occupational licensing; and removes licensing for repossession agents and process servers. New NCP review was completed in April 2002. Report availability Comments on reform Reforms resulting from the initial review deferred pending outcomes of the Police Royal Commission and Industrial Relations Inquiry, the Peterson Report on the security industry and revisions to the Security Industry Act. The second review report has been updated to take into account recent industry statistics and developments (see 2003 report). It is anticipated that the review report will be considered by the Government in 2003. Commercial Vessels Act 1979 TS Regulates the use of certain Repealed vessels and of certain motors for propelling vessels; provides for marking of load lines and the carriage of certain equipment by vessels. Provides for the regulation and inspection of construction work and consolidates the Acts controlling scaffolding and lifts. Repealed Not applicable Act repealed and replaced by the Marine Safety Act 1998. Construction Safety Act 1912 IR RIS is publicly available Act repealed and replaced by the new consolidated Occupational Health and Safety Regulation 2001. The new Regulation commenced on 1 September 2001. A range of prescriptive regulatory controls have been replaced by a performancebased, risk management approach. N SW Legislation Review Schedule: 2003 11 Name of legislation Consumer Credit (NSW) Act 1995 Agency Major restrictions FT Regulates the provision of consumer credit. Comments on review National review completed. Final review report endorsed by the Ministerial Council on Consumer Affairs in August 2002. The review‟s final report concluded that the existing Code should be retained, and recommended minor amendments to clarify the scope of the Code and to improve existing disclosure provisions. Report availability Comments on reform No NCP amendments were proposed. Implementation of recommendations to clarify scope and improve disclosure is underway. Conveyancers Licensing Act FT 1995 Licensing, registration, entry requirements (age, qualifications, training, experience), the reservation of practice (lawyers also able to provide these services), disciplinary processes, business conduct (record keeping, trust monies, receipts, professional indemnity insurance). Review completed in 2002. The review established a net public benefit case for continuing the regulation of conveyancing, primarily to safeguard consumers. The review recommended: retaining the current regulatory model; retaining the boundaries of conveyancing work as set out in the 1995 Act; reducing the regulatory burden for conveyancers; addressing problems with the disciplinary system; and improving the clarity and consistency of some aspects of the Act. See Co-operatives Act 1992 Publicly available The Government accepted the review‟s recommendations in May 2002. The Conveyancers Licensing Bill 2002 was introduced into Parliament on 11 December 2002. It will be progressed when Parliament resumes in 2003. Co-operation Act 1923 FT Governs the registration of cooperatives. Publicly available Act repealed. N SW Legislation Review Schedule: 2003 12 Name of legislation Co-operatives Act 1992 Agency Major restrictions FT Enables the formation, registration and operation of cooperatives. Comments on review Report availability Review completed in 2001. The review Publicly recommended that section 43 of the Act available be repealed to prevent third line forcing. Comments on reform NSW Parliament passed legislation in November 2001 to give effect to the review‟s recommendation. Treasurer's circular issued in September 2000 requiring Ministers to include analysis of wider public interest issues in applications for government guarantees under any Act authorising their issue. Council of Law Reporting Act 1969 AG Constitutes a Council of Law Reporting to NSW and defines its powers, authorities, duties and functions. Review completed. Review recommended Act be retained, but administrative changes to introduce competitive tendering for licence to publish reports. Publication of on-line reports open to any one for a fee. Publicly available The Government has implemented the review's recommendations administratively. Country Industries (Payroll RD Tax Rebates) Act 1977 Allows rebates of payroll tax in respect of certain country manufacturing or processing industries. Relates to the conduct of business of finance brokers. Review not required. Taxation Not legislation is generally exempt from NCP applicable review. Review completed in June 2001. The Publicly review recommended the repeal of the available Act and the insertion of a new Part into the Consumer Credit Administration Act 1995 to regulate the conduct of finance brokers. It also recommended a number of amendments to improve the effectiveness of consumer protection. The Government accepted the review‟s recommendations in February 2002. The Consumer Credit Administration Amendment (Finance Brokers) Bill 2002 was introduced into Parliament on 24 September 2002. It will be progressed when Parliament resumes in 2003. Credit (Finance Brokers) Act 1984 FT N SW Legislation Review Schedule: 2003 13 Name of legislation Dairy Industry Act 1979 Agency Major restrictions Ag Vesting of milk in the Dairy Corporation. Farmgate pricesetting for market milk. Market milk quotas. Licensing of farmers and processors. Comments on review Review completed in November 1997. Chair and industry members recommended retention of restrictions, subject to review again in 2003. Other Government members recommended removal of restrictions within three to five years if national reform did not occur. Report availability Publicly available Comments on reform The Government initially accepted the recommendation to retain restrictions until 2003. In line with the March 2000 communiqué signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, NSW passed the Dairy Industry Act 2000 on 29 June 2000, deregulating the industry from 1 July 2000. Food safety regulation has been integrated under the Food Production (Safety) Act 1998. Dangerous Goods Act 1975 IR Restrictions on transport, storage Review completed. Part of the and handling of explosives and development of a new National other dangerous substances. Standard for the regulation of dangerous goods. NOHSC Economic Appraisal of the National Standard is publicly available Legislative amendments involving the transport of dangerous goods commenced 20 April 1998 to give effect to the first module of reforms to national road transport law developed through the National Road Transport Commission. The National Standard for the Storage and Handling of Dangerous Goods was gazetted in March 2001. In 2001, the NSW Government finalised the implementation of the new Occupational Health and Safety Act 2000 and the Occupational Health and Safety Regulation 2001. A bill to amend the Act, so as to apply the National Standard, is anticipated to be introduced in the Budget 2003 session of Parliament. N SW Legislation Review Schedule: 2003 14 Name of legislation Dental Technician Registration Act 1975 Agency Major restrictions H Comments on review Entry, registration, title, practice, Review is not required. Consideration discipline and advertising. of competition policy issues by the Commonwealth-State review of partially regulated occupations. Restrictions on entry, registration, title, practice, advertising, and disciplinary provisions. Review completed in March 2001. Review recommended a number of legislative reforms. Report availability Not applicable Comments on reform Dentists Act 1989 H Publicly available The Government accepted the review‟s recommendations, with the exception of the recommendation to remove employment restrictions on dentists. NSW Parliament passed the new Dental Practice Act 2001 in October 2001. Regulations under the Dental Practice Act 2001 are currently being drafted, including practice oversight guidelines for dental auxiliaries. The Act is expected to commence later in 2003. Act to be repealed. Door to Door Sales Act 1967 FT Controls and regulates certain agreements relating to the sale or bailment of goods and the provision of services on credit. Regulated the dried fruits industry. Constitutes the NSW Dried Fruits Board. Review completed in March 2002, in conjunction with the Fair Trading Act 1987. See separate entry item. Review not required. On 1 July 1997, the Board resolved to advise the Minister for Agriculture that its affairs should be wound up. Publicly available Dried Fruits Act 1939 Ag Not applicable Transitional arrangements made for the prune industry involve the making of a Prune Industry Marketing Order (expired 31/12/99) under the Marketing of Primary Products Act. Remaining sections of the Act repealed as of 1 July 2000. N SW Legislation Review Schedule: 2003 15 Name of legislation Driving Instructors Act 1992 Agency Major restrictions R Comments on review Licensing, entry requirements Review completed in July 2001. (completed course, aged at least The review recommended: 21 years, may require test,  retaining a core regulatory medical exam, character), the framework for driver instructor reservation of practice (teach for licensing; monetary or other reward),  removing a number of current business conduct (maintenance requirements of the Act; and of records, regulations may make  that the NSW system be compatible provisions for displaying particularly with adjacent identification and advertising). jurisdictions. Provides for the constitution of Pacific Power and to define its principal objectives, powers, authorities, duties and functions. Amends and repeals certain other Acts. Report availability Publicly available Comments on reform NSW Parliament passed the Driving Instructors Amendment Bill 2002 on 6 December 2002. Electricity (Pacific Power) Act 1950 EU Review not required. The functions of Not the entity established by this Act have applicable been largely superseded through the establishment of a competitive national electricity market. Pacific Power was privatised on 7 February 2003. The majority of Pacific Power‟s functions, staff and assets had previously been transferred to the entities of TransGrid, Macquarie Generation, Delta Electricity and Eraring Energy. The Act will be retained until 30 June 2003 to allow for the redeployment of remaining staff who did not transfer to Connell Wagner. It is expected that the Act will be repealed in the Spring Session 2003. Electricity Safety Act 1945 FT Provides for the development of Review completed in March 2002. Publicly electricity supply; confers certain The review recommended: available powers, authorities, duties and that the legislation be retained; functions on the Energy that government intervention Corporation of NSW; provides for regarding consumer electrical articles the regulation of the sale and and installations is warranted and hiring of electrical apparatus and should be retained; and amends certain Acts. that the provisions applying to the safety of second-hand consumer electrical articles be retained. The Government approved the review‟s recommendations in May 2002. There are no NCP-related changes to the legislation. N SW Legislation Review Schedule: 2003 16 Name of legislation Agency Major restrictions Regulates the supply of electricity in the wholesale and retail markets; sets out the functions of persons engaged in the conveyance and supply of electricity. Establishes the NSW Electricity Transmission Authority and defines its functions. Comments on review Review is not appropriate at this stage. The arrangements for full retail contestability have only just commenced. A review will take place after trends in the newly established competitive market become clear. Review is not required. Electricity Supply Act 1995 EU Report availability Not applicable Comments on reform Extensive amendments were made to the Act in late 2000 to facilitate the introduction of full retail contestability for all electricity customers in NSW from 1 January 2002. The Act does not contain anti-competitive provisions. Act repealed by section 5 of the Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998 on 14 December 1998. The NSW Government accepted the review‟s recommendations in February 2002. The Employment Agents Act 1996 and its associated regulation were repealed by the Fair Trading (Employment Placement Services) Act 2002, which was passed by Parliament on 30 October 2002 and commenced on 17 February 2003. Licence and approval requirements repealed by Electricity Supply Act 1995. Sections 35A and 35B dealt with as part of the structural reform of the gas industry. The review of the Act has identified some issues, such as compliance and enforcement which, although outside the scope of the NCP process, may be improved. The Government will be finalising these issues in 2003. Electricity Transmission Authority Act 1994 EU Not applicable Employment Agents Act 1996 FT Licensing, entry requirements (fit and proper person, aged at least 18 years, suitable premises, no previous cancellation), the reservation of practice, business conduct (separate licence for each premises, registered person in charge, no charge to jobseekers, maintenance of records, no misleading advertising). Review completed in February 2001. Publicly The review recommended that the available requirement to be licensed as an employment agent be abolished. It also recommended the repeal of the Act and the amendment of the Fair Trading Act 1987 to include information provision and other consumer protection mechanisms in relation to the use of employment agents. Not applicable Energy Administration Act 1987 EU Establishes the Ministry of Energy Review is not required. and the Energy Corporation of NSW, and defines its functions. Entertainment Industry Act IR 1989 Licensing for entertainment industry agents, managers and venue consultants, maximum fees for entertainment industry agent. The review is in its final stages. N SW Legislation Review Schedule: 2003 17 Name of legislation Agency Major restrictions Provides for the control of the effect on the environment of chemicals and chemical waste. Constitutes the Hazardous Chemicals Advisory Committee. Requirements for licences and permits, with fees. Restricts breeding and trading of some animals. Imposes best practice welfare standards. Imposes requirements for educational components. Compulsory reporting of disease outbreaks. Prohibits or restricts the movement of animals, animal products and vehicles. Provides compensation for animals destroyed for disease-control. Bans introduction into the State of certain animals. Allows for destruction orders. Empowers inspectors to enter and search and premises, and test and disinfect animals. Comments on review Review completed in 1997. Dealt with under the Licence Reduction Program. Report availability Comments on reform Act partially replaced by the Contaminated Land Management Act 1997. Environmentally Hazardous Env Chemicals Act 1985 Exhibited Animals Protection Act 1986 Ag Review completed and final report submitted to the Minister for Agriculture in August 2002. The Act was reviewed in conjunction with the Non-Indigenous Animals Act 1987. Review completed July 2002. Final report is under consideration by the Government. Part of a generic review of all plant and animal disease legislation. It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Exotic Diseases of Animals Ag Act 1991 It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. N SW Legislation Review Schedule: 2003 18 Name of legislation Factories, Shops and Industries Act 1962 (Part 4) Note: this Act has been renamed the Shops and Industry Act 1962. Agency Major restrictions IR Part 4 restricts shop trading hours. General Stores (ie, those that are not classified as "scheduled" or "small" shops) are not permitted to open on Sundays or public holidays. Comments on review Report availability Comments on reform Trading hours in NSW are largely deregulated. There are no restrictions on Mondayto-Saturday trading hours. Part 4 restricts, in principle, the ability of general shops to trade on Sundays and public holidays. However, exemptions to this restriction are granted to achieve, in practice, an unrestricted trading hours environment. Exemptions are readily obtained resulting in substantial deregulation. Factories, Shops and Industries Act 1962 (Part 6) Note: this Act has been renamed the Shops and Industry Act 1962. Fair Trading Act 1987 IR Licensing for hairdressers, entry requirements (training and exams or otherwise qualified), reservation of practice (act as a hairdresser for fee, gain or reward), disciplinary processes. The review is in its final stages. The final report is to be considered by the Government early in 2003. FT Regulates the supply, advertising Review completed in March 2002. and distribution of goods and Reviewed in conjunction with the Door services and, in certain respects, to Door Sales Act 1967. the disposal of interests in land. Publicly available A number of consumer protection provisions in the existing Fair Trading Act mirror those of the Trade Practices Act 1974. The NSW Government approved the review‟s recommendations in August 2002. The review‟s final report was publicly released in September 2002. The Fair Trading Amendment Bill 2002 was introduced into Parliament on 11 December 2002. It will be progressed when Parliament resumes in 2003. N SW Legislation Review Schedule: 2003 19 Name of legislation Farm Debt Mediation Act 1994 Agency Major restrictions Ag The Act requires creditors to undertake mediation if a farmer chooses to exercise this statutory right; and requires that the mediator must be accredited. Makes provision for the registration and regulation of farm produce merchants and farm produce agents. Registration of brand names for soil improving agents. Conformation with registered particulars and composition standards. Labeling requirements. Comments on review Review completed in 2000. The review recommended the retention of mandatory requirements for mediation on farm debt. Report availability Publicly available Comments on reform The Government endorsed the review‟s recommendations in November 2001. The Farm Debt Mediation Amendment Act 2002 was passed by the NSW Parliament in October 2002. Act repealed by the Farm Produce (Repeal) Act 1996. Farm Produce Act 1983 Ag Review completed. The review recommended the Act be repealed. Publicly available Fertilisers Act 1985 Ag Review completed. The review recommended the: removal of requirements for the brand names to be registered; removal of minimum content requirements; and retention and strengthening of provisions relating to food safety, overseas market access requirements and environment protection. Examples include maximum composition standards for heavy metals and labeling requirements. Publicly available Act amended in November 1999. The Fertilisers Amendment Act 1999 no longer requires the registration of brand names for soil improving agents. It provides for the setting of composition standards for, and the marketing of parcels of, soil improving agents and trace element products. Also refer to separate entry item for Stock (Chemical Residues) Act 1975. N SW Legislation Review Schedule: 2003 20 Name of legislation Fisheries Management Act 1994 Agency Major restrictions Ag Report availability Licensing of fishers. Access to Review completed in 2001. The final Publicly share managed fisheries by report clearly demonstrated a net public available owning shares. Input controls on benefit associated with the legislation. boats, gear, crew levels and It recommended that the objects of the fishing methods. Output controls Act be amended to include the such as total allowable catches, recognition of socio-economic benefits bag limits, size limits and to the wider community. prohibitions on taking certain species. Comments on review Comments on reform The objects of the Act were changed by the Fisheries Management Amendment Act 2001. The Government endorsed the review‟s final report in April 2002. The review did not reach firm conclusions on the benefits and costs of fish receiver registration fees, and licensing for recreational charter fishing boats. Therefore the Government is considering these matters further. Refer to the Government‟s March 2003 Report to the NCC for further information. All Australian Governments agreed in November 2000 to use their best endeavors to adopt core provisions of the Model Food Bill by November 2001. The NSW Food Bill 2002, incorporating all core provisions of the Model Food Bill, was considered by Parliament in late 2002. It will be progressed after Parliament resumes in 2003. Act repealed. In 1999, NSW reached agreement with the Commonwealth regarding the transfer of prudential regulatory responsibilities for credit unions, building societies and friendly societies to the Commonwealth. The Friendly Societies Reform (NSW) Act 1999 gives effect to this transfer. Food Act 1989 H Various food safety offences. Wide powers to make orders prohibiting or requiring conduct. National review completed in 2000. Publicly Outcome was the Model Food Bill, which available provides a uniform regulatory framework and, in particular: requires notification by all food businesses; requires registration by high-risk food business; and allows contestability of audit and laboratory services subject to approval of providers. Review is not required. Not applicable Friendly Societies Act 1989 Tr Provides for the formation, registration, management and regulation of friendly societies. N SW Legislation Review Schedule: 2003 21 Name of legislation Friendly Societies Dispensaries Enabling Act 1945 Funeral Funds Act 1979 Agency Major restrictions H Enables Friendly Societies to operate pharmacies. Comments on review Review completed in 1997. Report availability Comments on reform Act repealed and relevant provisions incorporated into Pharmacy Act 1964 (reviewed as part of the national review of pharmacy legislation). FT Controls and regulates contributory and pre-arranged funeral funds. Review completed in 2001. The NSW Government approved the review‟s recommendations in February 2002. The review‟s final report was publicly released in April 2002. The review found that the impact of the legislation on competition was not significant. However, the proposed new legislation would remove restrictions on funeral funds where these are not justified on public benefit grounds. For example, the provisions relating to minimum and maximum numbers of fund directors and trustees; restrictions on the nomenclature of funeral funds; and the cap on the level of management fees and benefits paid. Publicly available The Commonwealth‟s financial services reform package appears to have extended the Corporations Act 2001 to cover some funeral funds, depending on how they are structured. NSW is holding discussions with the Commonwealth to clarify the extent to which the Commonwealth intends to regulate funeral funds in NSW under the Corporations Act 2001. Funeral Services Industry (Days of Operation) Act 1990 Gambling (Two-up) Act 1998 IR Regulates the days of operation of businesses providing funeral, burial or cremation services. Review is not required. Not applicable Act repealed and replaced by the Funeral Services Industry (Days of Operation) Act 2000. GR Act prescribes the rules of Two- Review completed in 1998. Retention of Not up, and the circumstances under restrictions justified as generating a net applicable which it may be played. Two-up public benefit. is permitted to be played on Anzac Day, in Broken Hill and at the Sydney casino. N SW Legislation Review Schedule: 2003 22 Name of legislation Gaming and Betting Act 1912 Agency Major restrictions GR Consolidates Acts relating to games, wagers and betting houses, the restriction of race meetings and the licensing of racecourses. Comments on review Review is not required. Report availability Not applicable Comments on reform Act repealed and remade as three separate pieces of legislation: Racing Administration Act 1998; Gambling (Two-up) Act 1998; and Unlawful Gambling Act 1998. Review of the Racing Administration Act and Gambling (Two-up) Act completed. See separate entries. Review of the Unlawful Gambling Act is not required, as it is a criminal Act not subject to NCP. Gas Industry Restructuring EU Act 1986 Makes provision with respect to the structure of AGL. Review is not required. Not applicable Many of the provisions of this Act have been repealed through the Gas Supply Act 1996 or through earlier amendment Acts under the Gas Act 1986. Section 34 of the AGL Corporate Conversion Act has also effectively rendered Part 4 of the Act inoperative. Similarly, a sunset date of 1 July 1999 for the Minister to direct the transfer of rights and liabilities under customer supply contracts under Part 5A has also lapsed. Treasurer's circular issued in September 2000 requiring Ministers to include analysis of wider public interest issues in applications for government guarantees under any Act authorising their issue. Government Guarantees Act 1934 Tr Validates certain guarantees given to certain banks, authorises the Treasurer to execute certain guarantees. Review completed in 2000. Review found there was potential for the implementation of the Act to contravene competitive neutrality principles. N SW Legislation Review Schedule: 2003 23 Name of legislation Grain Marketing Act 1991 Agency Major restrictions Ag Comments on review Establishes the NSW Grains Review completed in 1999. The review Board, vests coarse grains and recommended that restrictions on: oilseeds grown in NSW to the all domestic sales be removed for Grains Board, and confers malting barley by no later than 31 monopoly marketing rights over August 2001, and for all other NSW grains on the Grains Board. grains by no later than 31 August 2000; export sales of feed and malting barley remain for only overseas markets where market power or access premiums can be demonstrated, and review again by 31 August 2004; and export sales of all other grains be removed - for canola, by 31 August 2001 - and for sorghum, oats, safflower, linseed and soybeans, by 31 August 2000. Report availability Publicly available Comments on reform In October 2000, the Government agreed that the Board‟s powers over barley, canola and grain sorghum would be retained for a five-year transitional period as a result of the Board becoming insolvent. The Board‟s wide-ranging powers over all other commodities were deregulated. The Grain Marketing Amendment Act 2001 gives effect to the Government‟s decision. The Board‟s powers over barley, canola and grain sorghum have been sunsetted at 30 September 2005 in the amending legislation. The legislation also puts in place the final administrative details for the winding up and eventual dissolution of the Grains Board. Some other aspects of the marketing arrangements have been administratively deregulated. Greyhound Racing Authority Act 1985 GR Establishes the controlling body for this code. Authorises the controlling body to make rules of racing and betting (including provision for the licensing of racing participants). The controlling body may make rules in relation to the operation of bookmakers. Bookmakers may only operate at events and at a location and time for which it is lawful to do so. Review completed in 2001. Part of omnibus review of racing and betting legislation. See Racing Administration Act 1998. Publicly available In March 2002, the Government also approved a restructure of the Greyhound Racing Authority and Harness Racing in NSW. The commercial functions have now been separated from regulatory functions for both harness racing and greyhound racing. N SW Legislation Review Schedule: 2003 24 Name of legislation Harness Racing Act 1977 Agency Major restrictions GR Establishes the controlling body for this code. Authorises the controlling body to make rules of racing and betting (including provision for the licensing of racing participants). The controlling body may make rules in relation to the operation of bookmakers. Bookmakers may only operate at events and at a location and time for which it is lawful to do so. Licensing, business conduct. Provides for the protection of homing pigeons during flights. Comments on review Review completed in 2001. Part of omnibus review of racing and betting legislation. See Racing Administration Act 1998. Report availability Publicly available Comments on reform In March 2002, the Government also approved a restructure of the Greyhound Racing Authority and Harness Racing in NSW. The commercial functions have now been separated from regulatory functions for both harness racing and greyhound racing. Hawkers Act 1974 FT Review completed in 1996. Review completed in 1996. Publicly available Publicly available Publicly available Act repealed by the Pawnbrokers and Second Hand Dealers Act 1996. Act repealed. Act repealed by the Horticultural Legislation Amendment Act 2000. Homing Pigeons Protection Ag Act 1909 Horticultural Stock and Nurseries Act 1969 Ag Registration of certain Review completed in 2000. nurserymen and resellers of horticultural stock. Regulates the sale or propagation of certain horticultural stock. Relates to blood donation and the supply of blood and blood products. Restricts the supply of blood to “exempt suppliers”, requires the consent of donors and the completion of a donor‟s declaration form, and restricts the premises at which blood can be collected. Human Tissue Act 1983 (blood and blood products only) H Review of blood donation and the Publicly supply of blood and blood products available completed in 2001. The review recommended the retention of restrictions on the collection of homologous blood in the interests of public health. It also recommended the removal of restrictions on autologous blood. The NSW Government agreed in February 2002 to remove restrictions on autologous blood. It is anticipated that amending legislation will be introduced when Parliament resumes in 2003. N SW Legislation Review Schedule: 2003 25 Name of legislation Industrial Relations Act 1991 Agency Major restrictions IR Restates and reforms the law concerning industrial relations. Comments on review Review completed in 1996. Report availability Publicly available Comments on reform Act repealed and replaced by the Industrial Relations Act 1996. Regulation of employment agents was separated from the Industrial Relations Act into the Employment Agents Act 1996. The Employment Agents Act was repealed in 2002. The NSW Government accepted the review‟s recommendation that the Act be retained. In addition, in February 2001, NSW forwarded the review‟s final report to the Tourism Ministers' Council. In July 2001, the Council established an Inter-Departmental Committee to develop recommendations to attain consistent liability for innkeepers across Australia. There are no outstanding NCP issues for NSW to address. Innkeepers Act 1968 GR Make provisions with respect to certain rights and liabilities of innkeepers and persons having dealings with innkeepers. The Act makes a distinction between "inns" and other accommodation providers. It gives innkeepers limited liability with respect to guests‟ property. Review completed in 2000. The review recommended that the current Act should be retained, as it is procompetitive. However, if there were to be a new Act, it should be written in conjunction with other Australian jurisdictions. Land Development Contribution Act 1970 IP Levies a contribution in relation Review is not required. The Act was to certain land within the Sydney introduced to collect contributions from region. developers who benefit from rezoning. The Act has not been used to collect contributions for several years. Constitutes a Rental Bond Board; confers and imposes certain powers, authorities, duties and functions on the Board; requires lessors of residential premises to deposit rental bonds with the Board; provides for the paying out of rental bonds and enabled the investment of rental bonds and the investment and expenditure of rental bonds. Review completed in June 2000, in conjunction with the Residential Tenancies Act 1987. See separate entry. The NSW Government is presently considering the review‟s recommendations. Not applicable The subordinate legislation, which provided the power to collect contributions, has been repealed. The Government has also agreed to repeal the Act. It is anticipated that a decision on the review‟s recommendations will be made during 2003. Landlord and Tenant (Rental Bonds) Act 1977 FT N SW Legislation Review Schedule: 2003 26 Name of legislation Legal Profession Act 1987 Agency Major restrictions AG Licensing, registration, reservation of title and practice, disciplinary processes, business conduct (including professional indemnity insurance monopoly, advertising (must not be false, misleading or deceptive) and mandatory continuing legal education). Comments on review Report availability Comments on reform The NSW Government has made major competition-based reforms to regulation of the legal profession. In 2002 the Government introduced the Legal Profession Amendment (National Competition Policy Review) Act 2002 (commenced 4 October 2002), which: provides for voluntary membership of professional associations; allows specialist accreditation schemes to be conducted by other than professional associations; allows solicitors to practice in multidisciplinary partnerships despite anything to the contrary in Law Society rules; requires professional rules to be exposed for public comment before being made; allows lawyers from other states to practise in NSW even if their state does not have complementary legislation; and provides for public register of disciplinary action taken. Refer to the 2003 report for further information. Legislation allowing solicitors to incorporate was in commenced on 1 July 2001, The rule requiring solicitors to have majority control of multidisciplinary practices has also been abolished. The remaining issues raised by the NCP review are largely being examined under the project to develop model uniform laws for regulation of the legal profession, overseen by the Standing Committee of Attorneys General (SCAG). NSW is leading work in this process. Review completed in 1998. The review‟s Publicly recommendations included allowing available incorporation of legal practice and allowing competition in professional indemnity insurance. N SW Legislation Review Schedule: 2003 27 Name of legislation Library Act 1939 and Library Regulation 1995 Agency Major restrictions A Comments on review Report availability Comments on reform Certification scheme abolished. Makes further provisions for the Review completed. establishment, maintenance and management of libraries, library services and information services and creates certification scheme for librarians. Regulates the supply of LPG. Review completed in 1996. Review completed in 1996. Preliminary review of the Act was completed in conjunction with the Registered Clubs Act 1976. This work was then overtaken by the Government‟s Gaming Reform Package, announced on 26 July 2001. NCP principles were addressed as part of the policy development process. Public benefit issues were addressed in a report that is currently being considered by the Government. Liquefied Petroleum Gas Act 1961 Liquefied Petroleum Gas (Grants) Act 1980 Liquor Act 1982 and Registered Clubs Act 1976 - Part 1 of 2, Gambling EU GR Act repealed by the Gas Supply Act 1996. Act repealed by the Gas Supply Act 1996. The Gaming Reform Package is given effect by the Gaming Machines Act 2001. This Act simplifies and streamlines the regulatory structure for the control and management of gaming machines in NSW. The primary objective of the Gaming Reform Package is harm minimisation. The package, however, also incorporates a market-based approach designed to give registered clubs and hotels greater flexibility. It is anticipated that a decision will be made on the review‟s recommendations in 2003. Regulates the supply of LPG. Regulates the use and supply of gaming devices. Liquor Act 1982 and Registered Clubs Act 1976 - Part 2 of 2, Liquor Licensing GR Regulates the sale and supply of liquor and regulates the use of premises at which liquor is sold. Needs test is contained in section 45, which allows objection to the grant of a licence on the grounds that needs of the public are met by existing facilities. Combined review of liquor and club management provisions in progress. See also the Registered Clubs Act 1976. The review‟s final report was completed in November 2002. The Government is considering the reforms recommended in the final report. N SW Legislation Review Schedule: 2003 28 Name of legislation Agency Major restrictions Comments on review Report availability Comments on reform Licencing retained as issues of public safety outweigh costs. Local Government (Theatre LG and Public Halls) Amendment Act 1989 Amends the Local Government Review completed. Dealt with under Act to make provision for the Licence Reduction Program. approval and regulation of places of public entertainment and certain structures. Act has some restrictions such as: approval to operate businesses such as a mortuary or an undertakers business; and the ability of councils to provide goods, services, and other facilities pursuant to section 24 of the Act. Review completed in 2001. The review Publicly recommended the removal of a number available of anti-competitive restrictions on both council businesses and other bodies. For example, the review recommended that the Act be amended to: allow Councils to vary fees for businesses and contestable regulatory activities in accordance with a predetermined costing methodology; and lift restrictions on the use of revenue from community land. Review completed in 2000. The Government established an InterDepartmental Committee (IDC) to develop a response to the review's recommendations, including socioeconomic impact assessment. The NSW Government is considering the IDC‟s response. Local Government Act 1993 LG The NSW Government approved the review‟s recommendations in February 2002. The Local Government Amendment (National Competition Policy Review) Bill 2002 was introduced into the NSW Parliament on 27 September 2002. It will be progressed when Parliament resumes in 2003. Lord Howe Island Act 1953 Env and Lord Howe Island Regulation 1994 Section 23 gives preference to Islanders who can buy property at valuation by Valuer General. It is anticipated that the NSW Government will make a decision on the outcome of the review during 2003. Lotteries and Art Unions Act 1901 GR The Act imposes general The review was completed in July 2002. Publicly restrictions that limit the available opportunity to profit from the conduct of community gaming to charities and other non-profit organisations. The Government accepted the review‟s recommendation in October 2002. The Lotteries and Art Unions Amendment Bill 2002 was introduced into Parliament on 11 December 2002. It will be progressed when Parliament resumes in 2003. N SW Legislation Review Schedule: 2003 29 Name of legislation Lotto Act 1979 Agency Major restrictions GR Regulates the conduct of lotto in NSW. Provides for licensing of pilots. Comments on review Review is not required. Refer to separate entry item for the Public Lotteries Act 1996. Review completed. Dealt with under licence reduction program. Report availability Not applicable Comments on reform Act repealed. Marine Pilotage Licensing Act 1971 TS Ten licences and permits abolished from 2 February 1997. Legislation subsequently repealed and replaced by the Marine Safety Act 1998. The Government is progressing the commencement of provisions in the Act relating to recreational vessels. A statutory review of the Act is due to commence on 28 November 2003. The Government will consider competition policy issues during this statutory review process, a report of which will be tabled in both Houses of Parliament by 28 November 2004, as required by the Act. Marine Safety Act 1998 TS Regulates the use of vessels, motors, marking of load lines and the carriage of certain equipment. Provides for licensing of pilots and navigation requirements. The Act repeals and consolidates the following legislation: Commercial Vessels Act 1979; Maritime Services Act 1935; Marine Pilotage Licensing Act 1971; Marine (Boating Safety - Alcohol and Drugs) Act 1991; and Navigation Act 1901. Provides for the constitution of the Maritime Services Board of NSW and its powers. The Government previously undertook Not to conduct an NCP review of the Marine applicable Safety Act twelve months after the Act had been in full operation. However, the Act is substantially uncommenced because a related marine safety regulation has not been finalised. This regulation requires and still awaits advice from the Commonwealth on the outcomes of the current review of the Uniform Shipping Laws Code. Maritime Services Act 1935 TS Review is not required. Not applicable Act repealed and replaced by the Marine Safety Act 1998. The Act will be repealed if and when the marketing authorities terminate or are reconstituted under other legislation. Marketing of Primary Products Act 1983 Ag Relates to the marketing of Review not required because the three Not certain primary products and marketing authorities constituted by the applicable provides for the establishment of Act are under separate reviews. marketing boards in relation to certain of those products, and to enable the making of marketing orders. Constitutes the NSW Meat Industry Authority and provides for various classes of licences. Review completed in 1998. Publicly available Meat Industry Act 1987 Ag Responsibility for meat industry food safety transferred to Safe Food Production by the Food Production (Safety) Act 1998. N SW Legislation Review Schedule: 2003 30 Name of legislation Medical Practice Act 1992 Agency Major restrictions H Comments on review Entry, registration, title, practice, Review completed in December 1998. discipline. The review‟s recommendations include insertion of an objects clause, greater clarity for entry requirements and the disciplinary system. Recommended removal of business and practice restrictions. Report availability Publicly available Comments on reform Medical Practice Amendment Act 2000 passed in July 2000 in line with review‟s recommendations. Health Care Liability Act 2001 enacted to: make provision with respect to the recovery of damages for injury or death caused by medical practitioners and other health care providers; make professional indemnity insurance compulsory for medical practitioners and to regulate the provision of that insurance; and protect medical practitioners, nurses and certain other health practitioners from liability when providing voluntary health care in an emergency. The Government decided that the Committee should continue its role of providing various services to growers subject to limiting its role in representing the industry. In March 1998, a grower poll supported the proposed arrangements and the Committee was re-established for a further four-year term. In March 2002, the Committee was reconstituted under the Agricultural Industry Services Act 1998. MIA Citrus Fruit Promotion Ag Marketing Committee (established under the Marketing of Primary Products Act 1983) The Act imposes a compulsory Review completed. charge on producers of citrus in the Murrimbidgee Irrigation Area (MIA). Publicly available N SW Legislation Review Schedule: 2003 31 Name of legislation MIA Wine Grapes Marketing Board (established under the Marketing of Primary Products Act 1983) Agency Major restrictions Ag Constitutes the MIA Wine Grapes Marketing Board - a statutory marketing authority responsible for the marketing of MIA wine grapes and representing the interests of growers. The main restrictions were vesting and price setting powers. Comments on review First NCP Review completed in 1996. It recommended that the Board's vesting power not be continued beyond 30 November 1996 and that the Board become an industry service organisation, using existing powers under the Marketing of Primary Products Act 1983. In 2000 the Board proposed new powers and functions. This proposal was assessed in a second NCP review, completed in November 2001. It recommended that the Board have the power to set and enforce terms and conditions of payment to growers. The Board would also carry out industry service functions, funded through compulsory levies from growers. Its powers would not be extended beyond June 2007 without a further review. Report availability First NCP review report is publicly available Comments on reform Following the first NCP review, the Government sunsetted the Board's vesting power at 31 July 2000, via the Marketing of Primary Products Amendment (Wine Grapes Marketing Board) Act 1997. Following the second NCP Review, the Government decided to enact standalone legislation to give the Board the power to set terms and conditions of payment. This power would be sunsetted at 31 December 2007, after which the Board would be reconstituted as an agricultural industry services committee. Industry consultation is currently in progress; following this it is anticipated that a Bill will be introduced into Parliament during 2003. In December 2002, the Government introduced into Parliament a draft Mine Health and Safety Bill, based on the position paper. This draft Bill proposes to repeal and replace the Mines Inspection Act 1901. Following further consultation with safety experts, industry and employee representatives, it is intended that the new legislation will be introduced into Parliament in 2003. Mines Inspection Act 1901 MR Makes provision for the regulation and inspection of mines, other than coal and shale mines, and regulates the treatment of the products of such mines. The Government released a position Publicly paper on reform of legislation governing available safety in metalliferous (non-coal) mines and quarries in October 2002. Reforms in the position paper took into account the NCP issues raised in the review of the Mines Inspection Act 1901 (2001). It proposed reforms similar to that for coal mines, aiming to ensure that the particular hazards associated with the operation of metalliferous mines and quarries are appropriately managed at each site. See also comment under Coal Mines Regulation Act N SW Legislation Review Schedule: 2003 32 Name of legislation Mining Act 1992 Agency Major restrictions MR Makes provisions with respect to prospecting for, and mining of, minerals. Comments on review Licensing requirements dealt with under the Licence Reduction Program. Report availability Comments on reform Restrictions other than licensing considered as part of the comprehensive review of all mine safety legislation. Refer to the March 2003 Report to the NCC for further information. Monopolies Act 1923 AG Amends the law in relation to monopolies and restraint of trade. Review completed. Act repealed. Motor Accidents Act 1988 C Mandatory insurance, licensing of Review completed in 1997, in insurers, file and write premium conjunction with the Motor Vehicles settings. (Third Party Insurance) Act 1942. The review recommended scheme design changes and insurers filing premiums with motor accidents authority. Review of the NSW Compulsory Third Party scheme is ongoing. Publicly available Legislation passed in line with recommendations. N SW Legislation Review Schedule: 2003 33 Name of legislation Motor Dealers Act 1974 Agency Major restrictions FT Comments on review Licensing (motor dealer, wrecker, Review completed in 2000, in wholesaler, motor vehicle parts conjunction with the Motor Dealers Act reconstruction, car market 1974. The review recommended: operator, motor vehicle the retention of licensing, the consultant), entry requirements statutory warranty, the statutory (fit and proper person, sufficient compensation fund; and financial resources, dealer some amendments to reduce the qualifications and expertise or regulatory burden, such as the experience), the reservation of removal of the requirement to fill practice, disciplinary processes, out disposal notices when business conduct (record transferring stock between the keeping, motor dealers premises belonging to the same compensation fund). licensed entity. In February 2001, the Government released an exposure Bill containing a number of key proposals arising from the review for public comment. As a result a number of changes were made to the exposure Bill. Report availability Publicly available Comments on reform In October 2001, the Government approved the Motor Trades Amendment Bill 2001 for introduction into Parliament. The Motor Trades Amendment Act 2001 contains changes intended to free-up competition in the motor trade and repair industry, whilst at the same time ensuring consumer protection. The amendments to the Motor Dealers Act were progressively commenced during 2002 and January 2003. Motor Vehicles (Third Party C Insurance) Act 1942. Motor Vehicles Repair Act 1980 FT There are no major restrictions in Review completed in 1997. See Motor the Act. Accidents Act 1988. Constitutes the Motor Vehicle Review completed in 2000. See Motor Repair Industry Authority and Dealers Act 1974 confers on it licensing functions concerning repair businesses and tradespersons. Publicly available Legislation passed in line with the review‟s recommendations. ACIL report The Act has been amended to remove is publicly a number of restrictive provisions available relating to licences and work categories. Prescribed qualifications will be subject to review and repeal provisions of the Subordinate Legislation Act 1989. The Government is presently considering the review‟s recommendations. It is anticipated that the Government will make a decision on this matter during 2003. Motor Vehicle Sports (Public Safety) Act 1985 TSR Makes provision for the control and regulation of meetings for motor vehicle racing. Review completed. N SW Legislation Review Schedule: 2003 34 Name of legislation Murray Valley Citrus Marketing Act 1989 Agency Major restrictions Ag Comments on review Constitutes a joint NSW-Victorian Joint review with Victoria completed in Murray Valley Citrus Marketing August 1999. Report recommended Board. that: legislation should continue to Imposes a compulsory charge on underpin the operations of the citrus producers in the Murray Board; Valley. core functions which provide benefits of a 'public good' nature Power (unused) to set minimum continue to be funded by a quality standards and minimum compulsory levy where growers prices. vote this to be beneficial; and any future legislation should clearly reflect the purpose of the Board in facilitating marketing and enhancing technological innovation. Murray Valley Wines Grapes Industry Development Committee. Murray Valley Wine Grapes Industry Negotiation Committee. Joint review with Victoria completed in 1999. Report availability Publicly available Comments on reform Both the Victorian and NSW Governments agreed in-principle to reconstitute the Board through an extra-territorial agreement. The new Agricultural Industry Services Amendment (Interstate Arrangements) Act 2002 establishes the necessary legislative structure. Murray Valley Wine Grapes Ag Industry Committees (established under the Marketing of Primary Products Act 1983) Publicly available The Murray Valley Wine Grapes Industry Negotiation Committee, whose term of office expired in November 1998, was not renewed. The Murray Valley Wine Grapes Industry Development Committee was re-constituted as an Industry Service Committee under the Agricultural Industry Services Act 1998. There are no remaining NCP issues. National Parks and Wildlife Env Act 1974 Consolidates and amends the law Review completed. Dealt with under relating to the establishment, the Licence Reduction Program. preservation and management of national parks, historic sites and certain other areas, as well as the protection of certain fauna, native plants and Aboriginal relics. Not applicable N SW Legislation Review Schedule: 2003 35 Name of legislation National Rail Corporation (Agreement) Act 1991 Agency Major restrictions TS Report availability Approves and gives effect to an Review is not required. On 21 February Not agreement between NSW, the 2002, National Rail Corporation and applicable Commonwealth and other States FreightCorp were sold to the National relating to the National Rail Rail Consortium Pty Ltd. During the Corporation Ltd. pre-sale process, shareholders agreed to remove the restriction in section 7 of the Act, which prevented the Corporation from carrying intrastate freight. Comments on review Comments on reform Section 7 was repealed in August 2000. The sale of NRC and Freight Corp is a major step forward in the restructuring of the rail freight industry and introduces significant private sector transport and logistic expertise into the NSW rail industry. It will result in a more competitive and innovative rail sector. Act repealed and provisions incorporated into the Marine Safety Act 1998. Navigation Act 1901 TS Provides for navigation signaling and mooring requirements for vessels in NSW, and safety requirements including seaworthiness. The Act restricts competition by requiring licences and permits, payment of fees. There are also restrictions on trading of higherrisk exotic animals and security standards. Review is not required. Not applicable Non-Indigenous Animals Act 1987 Ag Review completed and final report submitted to the Minister for Agriculture in August 2002. The Act was reviewed in conjunction with the Exhibited Animals Protection Act 1986. It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. N SW Legislation Review Schedule: 2003 36 Name of legislation Noxious Weeds Act 1993 Agency Major restrictions Ag Comments on review Report availability Comments on reform It is anticipated that the Government will make a decision on the review‟s final report during 2003. Requires control of declared Review completed in October 1998. noxious weeds. Restricts the sale The Government has been considering a of declared noxious weeds. range of options. Restricts movement of material containing notifiable noxious weeds. Requires cleaning and inspection of agricultural machinery at the Queensland border. Regulates the supply of materials, equipment and services by local control authorities. Regulates the conduct of NSW lotteries. Establishes the NSW Lotteries Corporation as a statutory Stateowned corporation to develop, promote, conduct and otherwise participate in any lawful forms of gambling and gambling-related activities. Review is not required. Not applicable Statutory Review report is publicly available NSW Lotteries Act 1990 GR Act repealed and replaced by the NSW Lotteries Corporatisation Act 1996 and the Public Lotteries Act 1996. NSW Lotteries Corporatisation Act 1996 The Act was not listed for NCP review as part of the Government‟s 1996 legislation review schedule. NCP principles were addressed as part of the statutory five-year review of the Act. The review found that the Act generally complied with NCP principles. Nurses Act 1991 H Entry, registration, title, practice, Review completed in October 2001. Publicly discipline, advertising. The review recommended that available nurses and midwives continue to be regulated. However, it also recommended the relaxation of practice restrictions in the area of midwifery, as well as the creation of a separate register of midwives to increase flexibility and opportunities in the workforce. The Government approved the review recommendations in November 2001, and the drafting of legislation to implement those recommendations. There has been further public consultation on draft legislation, and it is anticipated that a Bill will be introduced when Parliament resumes in 2003. NSW has already enacted legislation allowing for advanced nurse practitioners to have limited prescribing and referring rights. 37 N SW Legislation Review Schedule: 2003 Name of legislation Nursing Homes Act 1988 Agency Major restrictions H Provides for the licensing and control of nursing homes. Comments on review Review completed in March 2003. Report availability Comments on reform It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Replaced by the Occupational Health and Safety Act 2000 and the new consolidated Occupational Health and Safety Regulation 2001 enacted on 1 September 2001. A range of prescriptive regulatory controls have been replaced by a performancebased, risk management approach. Occupational Health and Safety Act 1983 IR To secure the health, safety and Review completed as part of the RIS for RIS is welfare of persons at work and to the Occupational Health and Safety publicly amend certain other Acts. Regulation 2001. available Optical Dispensers Act 1963 H Registration, entry, title, discipline. Review is not required. Consideration Not of competition policy issues by the applicable Commonwealth-State review of partially regulated occupations. The Government‟s response to this review is given effect by the Optometrists Act 2002. This Act retains the restriction on ownership of optometry practices, and allows only optometrists and medical practitioners to prescribe glasses and contact lenses. The Optometrists Act 2002 partially commenced 1 February 2003. Regulations are currently being drafted and the Act is expected to be fully commenced later in 2003. Optometrists Act 1930 H Entry, registration, title, practice, Review completed in December 1999. Publicly discipline, ownership. The review recommendations included available removing ownership restrictions, limiting reserved practice and extending prescribing rights. Ozone Protection Act 1989 Env Empowers the regulation and prohibition of the manufacture, sale, distribution, use, emission, recycle, storing and disposal of stratospheric ozone depleting substances and articles, which contain those substances. Review completed. Dealt with under the Licence Reduction Program. Not applicable N SW Legislation Review Schedule: 2003 38 Name of legislation Parking Space Levy Act 1992 Agency Major restrictions TS Comments on review Report availability Comments on reform Act retained on the basis that competition restrictions were notional only. To discourage car use in business Review completed. districts by imposing a levy on off-street parking and using the revenue to develop infrastructure and encourage the use of public transport. Regulates partnerships. Review is not required. This is a national issue as legislation largely restates the Common Law. Tasmanian review of similar legislation confirmed current arrangements. Not applicable Partnership Act 1892 AG N SW Legislation Review Schedule: 2003 39 Name of legislation Passenger Transport Act 1990 Agency Major restrictions TS Regulates public transport services - buses, taxis and hire cars, and ferries. Comments on review Report availability Buses: Review completed in 1996-97. Publicly The review recommended amending the available Act to require bus operators to meet a Performance Assessment Regime (PAR) as condition of contract renewal. Taxis and hire cars: Review completed in November 1999. The review recommended deregulation of the hire car industry. IPART identified net benefits from deregulating taxis in long run, but favoured a long transitional period. Hence it recommended issue increase of 5% of new licences annually from 2000-2005, and further review in 2005. The Government supported IPART‟s findings. Ferries: NCP review is not required. Competition policy issues and reforms needed to ensure the effective provision of ferry services will be considered as part of the development of the bus reform package. Comments on reform Buses: The Government is undertaking a major review of the legislative framework and contracting regime for buses in NSW. The PAR recommended by the NCP review is being reconsidered as part of this process to determine if it is the most appropriate way to introduce contestability and meet NCP requirements. Implementing a PAR based on the 1997 amendments to the legislation would have created a number of practical difficulties and limited the effectiveness of such a scheme. The Government has also enacted the Passenger Transport Amendment (Transitway) Act 2001. The Act enables the excise of routes from regional contracts, which are then awarded via competitive tender and contain key performance measures. The contract for the first Transitway was awarded by competitive tender and commenced operation on 16 February 2003. Taxis and hire cars: The slow uptake of taxi licences reported last year continues. Therefore consideration is being given to bringing forward the IPART review to examine current supply, demand and other issues relevant to the release of taxi licences. Pathology Laboratories Accreditation Act 1981 H Licensing. Review completed. Act repealed. 40 N SW Legislation Review Schedule: 2003 Name of legislation Pawnbrokers and Second Hand Dealers Act 1996 Agency Major restrictions FT Licensing, registration, entry requirements, disciplinary processes, business conduct Comments on review Review completed in November 2001. The review recommended the strengthening of existing licensing requirements for pawnbrokers and second hand dealers; and providing a quicker, cheaper and fairer mechanism for the return of stolen property to rightful owners. Report availability Publicly available Comments on reform The Government accepted the review‟s recommendations in April 2002. The review‟s recommendations are given effect by the Pawnbrokers and Second-hand Dealers Amendment Act 2002. Payroll Tax Act 1971 Tr Imposes a tax upon employers in Review completed. Dealt with under respect of certain wages and the Licence Reduction Program. provides for the assessment and collection of the tax. Controls the sale, supply, use and Review completed. Dealt with under possession of pesticides, the Licence Reduction Program. application of pesticides from aircraft and provides for the Part 7 of the Act is being further prevention of foodstuff reviewed in the context of the generic contamination. review of chemical residue legislation. See Stock (Chemical Residues) Act 1975. Regulates the search for, and mining of, petroleum. Review completed. Dealt with under the Licence Reduction Program. The Act is also part of a national review of legislation governing on-shore petroleum, recently announced by the Commonwealth. Refer to the Government‟s March 2002 Report to the NCC for further information. Not applicable Pesticides Act 1978 (Part 7) Env Publicly available Act repealed and replaced by the Pesticides Act 1999, in line with the review‟s recommendations. Petroleum (Onshore) Act 1991 MR Authority for exploration retained. Business compliance costs minimised. N SW Legislation Review Schedule: 2003 41 Name of legislation Petroleum (Submerged Lands) Act 1982 Agency Major restrictions MR Relates to the exploration for, and exploitation of, undersea petroleum resources. This legislation forms part of a national scheme. Comments on review Review completed in 2000. Part of a national review of legislation governing offshore petroleum development. Two of the three reforms recommended by the Review were implemented under the Commonwealth‟s Petroleum (Submerged Lands) Amendment Act 2002. The third involves a full rewrite of the Commonwealth Petroleum (Submerged Lands) Act 1967. This rewrite is under way and a new bill is expected to be introduced into Commonwealth Parliament in 2003. NSW will be monitoring developments closely. Report availability Publicly available Comments on reform Given the need for NSW to mirror Commonwealth legislation, the Government will amend the NSW Act following the completion of required amendments by the Commonwealth. Petroleum Products Subsidy Act 1965 Tr Implements a Commonwealth scheme for the subsidisation of fuel transport costs in rural areas. Review is not required. The Act only Not enables NSW to provide administrative applicable arrangements for the payment of Commonwealth subsidies to distributors of petroleum. It does not involve the imposition of any restrictions on competition by the NSW Government. Wilkinson Report is publicly available COAG referred the Wilkinson Review report to a Senior Officials' Working Party, chaired by the Commonwealth. In November 2001, NSW approved the Working Group‟s report for COAG endorsement and public release. The NSW Government is presently considering the review‟s recommendations. It is anticipated that a decision will be made during 2003. 42 Pharmacy Act 1964 H Entry, registration, title, practice, National review of pharmacy regulation discipline, advertising, business, (Wilkinson Review) completed in ownership, licensing. February 2000. The 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. N SW Legislation Review Schedule: 2003 Name of legislation Physiotherapists Registration Act 1945 Agency Major restrictions H Comments on review Entry, registration, title, practice, Review completed in March 2001. The discipline. review recommended that physiotherapists continue to be regulated. However, it also recommended that controls on a number of professional titles be removed, and that the whole-of-practice restriction on physiotherapists be replaced by a restriction on the use of prescribed electro-physical appliances. The review also recommended that controls on advertising be brought in line with the Trade Practices Act 1974. Relates to the construction, operation and maintenance of pipelines. Permits declaration of quarantine areas and establishment of quarantine stations for plants. Allows control of the storage and movement of some items. Inspectors have powers to enter and search premises, and seize and destroy plants. Report availability Publicly available Comments on reform The NSW Government approved the review‟s recommendations in March 2001. Parliament passed the Physiotherapists Act 2001 in October 2001. The Physiotherapists Act 2001 commenced on 1 December 2002. Pipelines Act 1967 EU Review completed. The report Publicly concluded that the legislation does not available contain any significant anti-competitive provisions. Review completed July 2002. Final report is under consideration by the Government. Part of a generic review of all plant and animal disease legislation. It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Plant Diseases Act 1924 Ag Podiatrists Act 1989 H Entry, registration, title, practice, Review completed in March 2003. discipline. It is anticipated that the Government will make a decision on the review‟s recommendations and make any amendments to the Act during 2003. N SW Legislation Review Schedule: 2003 43 Name of legislation Poisons and Therapeutic Goods Act 1966 Agency Major restrictions H Report availability Regulates, controls and prohibits National review completed. Final review Publicly the sale and use of poisons, report given to the Australian Health available restricted substances, drugs of Ministers Conference in early 2001 and addiction and certain dangerous under consideration by the Australian drugs. Health Ministers Advisory Council. Comments on review Comments on reform No NCP-related amendments required for NSW. Substantive recommendations of the review were implemented in NSW via the Poisons and Therapeutic Goods Regulation 2002. The Regulation commenced in September 2002. The Working Group‟s response was approved by the Australian Health Ministers Advisory Council in April 2002 and forwarded for consideration to the Primary Industries Ministerial Council (PIMC). The review response needs to be endorsed by PIMC prior to consideration by the Australian Health Ministers Conference and COAG. Final endorsement of the review response has also been delayed by separate Trans-Tasman initiatives for the development of a single joint agency for Therapeutic Goods between Australia and New Zealand. Ports Corporatisation and Waterways Management Act 1995 TS Establishes statutory Stateowned corporations to manage the State's major port facilities; transfers waterways management and other marine safety functions to the Minister; establishes the Waterways Authority and provides for port charges, pilotage and other marine matters. Review completed in December 2001. The review concluded that the Act generates a net public benefit. The NSW Government accepted the review‟s recommendations on port cargo access charges, and has implemented reform administratively. Recommendations regarding the Waterways Authority are to be addressed via a separate process. The Government does not propose to alter the regulatory framework. N SW Legislation Review Schedule: 2003 44 Name of legislation Poultry Meat Industry Act 1986 Agency Major restrictions Ag Prohibits supply of chickens unless under an agreement approved by the Poultry Meat Industry Committee. Comments on review First review completed in mid-2000. Second review of the Act completed in November 2001. The second review concluded that the Act involves a net public cost, however the benefits to individual consumers from deregulation would be marginal. Review completed, in conjunction with the Meat Industry Act 1987. Report availability Comments on reform On 13 November 2001, the Government decided not to deregulate the industry. Poultry Processing Act 1969 Ag Registration of plants in which poultry is processed for sale. Minimum standards in the slaughtering and processing of poultry. Publicly available Act repealed on 1 July 1999 when the Meat Industry Amendment Act 1998 commenced. Food safety regulation of the NSW poultry industry is now provided through the Food Production (Safety) Act 1998 and the Food Production (Meat Food Safety Scheme) Regulation 2000. It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Prevention of Cruelty to Animals Act 1979 Ag Controls or prohibits certain activities associated with animal breeding, animal husbandry, entertainment, veterinary services, animal derived production and processing and transportation. Imposes compliance costs. Authorises a range of direct interventions by regulatory officials and courts. Makes provision for the regulation of prices and rates of certain goods and services. The review is considering linkages with five other Acts: Animal Research Act 1985, Exhibited Animals Protection Act 1986, Veterinary Surgeons Act 1986, Companion Animals Act 1998 and National Parks and Wildlife Act 1974. Review has been completed and the final report has been submitted to the Minister for Agriculture. Review completed in 1996. Prices Regulation Act 1948 FT The Government approved the review‟s recommendation that prices regulation powers be transferred to the Independent Pricing and Regulatory Tribunal. The Prices Commission was subsequently abolished and the requisite amendment giving effect to the proposed transfer of powers was enacted in mid-2000. N SW Legislation Review Schedule: 2003 45 Name of legislation Prickly Pear Act 1987 Agency Major restrictions Ag Provides for the control and destruction of Prickly Pear. Licensing and conduct. Comments on review Review completed. Report availability Publicly available Discussion Paper is publicly available The interim report is also publicly available. Comments on reform Act repealed and replaced by provisions under the Noxious Weeds Act 1993. It is anticipated that the review‟s final report and recommendations will be considered by the Government during 2003. Private Hospitals and Day Procedures Centres Act 1988 H Review completed in March 2003. The review‟s final report will be considered by the Government. The review‟s interim report was released in May 2002. The interim report recommends removal of the restrictions on private hospital bed numbers, as well as a range of minor amendments to the licensing system in order to improve its operation. Review activity is at final stage. It is anticipated that the review‟s final report will be completed by April 2003. There are unlikely to be any NCPrelated amendments. Professional Standards Act AG 1994 Provides for the limitation of liability of members of occupational associations in certain circumstances and to facilitate the improvement of the standards of services provided by those members. Licensing (real estate, stock and station, business and managing agents), registration, entry requirements (qualifications, sufficient experience, fit and proper person), the reservation of practice, disciplinary processes, business conduct (auctions, trust accounts). Professional Standards Amendment Act 1999 passed, instituting an 'optout' clause for professional indemnity insurance schemes run by associations. Further possible reforms will be considered by the Government during 2003. Publicly available The Government approved the majority of the review‟s recommendations in July 2001. The Government decided not to adopt the review‟s proposal to replace the current multi-licensing system with a single licence regime. The reason was that a single licensing scheme could decrease the competency of agents and erode consumer protection. The new Property, Stock and Business Agents Bill 2002 (assented 10 July 2002) gives effect to the Government‟s decision. Property, Stock and Business Agents Act 1941 FT Review completed in February 2001. The review recommended a single licence regime, competency standards as a component of entry requirements, compulsory professional indemnity insurance and annual licence renewal. N SW Legislation Review Schedule: 2003 46 Name of legislation Psychologists Act 1989 Agency Major restrictions H Comments on review Entry, registration, title, practice, Review completed in December 1999. discipline. The review recommended that psychologists continue to be regulated to minimise the risks of harm and injury. However, the review also recommended the removal of restrictions on advertising and premises. A number of recommendations provide clarity and accountability. Report availability Publicly available Comments on reform The Government approved the review‟s recommendations in December 1999, and the drafting of legislation to implement those recommendations. Parliament passed the new Psychologists Act 2001 in October 2001. The Psychologists Act commenced on 6 December 2002. N SW Legislation Review Schedule: 2003 47 Name of legislation Public Finance and Audit Act 1983 and Public Authorities (Financial Arrangements) Act 1987. These two Acts were reviewed together as part of a proposal in 1997/98 to merge them with other related statutes into a new single piece of legislation. Agency Major restrictions Tr Potential restrictions examined were: retention of a requirement that all authorities conduct all their borrowing activities through the Treasury Corporation; the process of appointing funds managers; and the arrangements whereby the Auditor-General has the discretion to decide to what extent there should be private sector involvement in the auditing of agency financial accounts. Comments on review Review completed in 2000, as part of a consultation program concerning a proposal to merge five Acts into a new single statute. The review of the restrictions revealed that there were net public benefits supporting their retention. Report availability Not applicable Comments on reform No legislative amendments are required with respect to the three potential competitive restrictions examined. o r e t e n t n o f a r e q u i r e m e n N SW Legislation Review Schedule: 2003 48 Name of legislation Public Health Act 1991 Agency Major restrictions H Regulates the funeral industry, skin penetration, microbial control and other matters. Amends and consolidates the law relating to the conduct of public lotteries. Repeals the Soccer Football Pools Act 1975, the Lotto Act 1979 and the NSW Lotteries Act 1990 and regulations made under those Acts. Provides for appointment, enrolment and disciplinary procedures for Public Notaries. Establishes the State Contracts Control Board, which arranges for the supply of goods and services and disposal of goods for the Public Service. The restriction on competition is that certain government agencies are prevented from independently negotiating contracts for the supply of goods or services other than through the Board. Comments on review Review completed in March 2001. The Government is considering the review recommendations. Report availability Comments on reform It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Public Lotteries Act 1996 GR Public Notaries Act 1985 AG The Act was not listed for NCP review as Publicly part of the Government‟s 1996 available legislation review schedule. NCP principles were addressed as part of the statutory five-year review of the Act. The review found that the Act generally complied with NCP principles. Review completed. Publicly available Review completed in 2000. A RIS was released for public consultation in April 2000. The review found that the benefits to the State from centralised procurement outweigh any costs associated with restrictions on choices available to government agencies. It therefore recommended that the Regulation be re-made with existing coverage and application. RIS is publicly available Act repealed and replaced by the Public Notaries Act 1997. The Government re-made the regulation in 2000 as recommended by the review. Public Sector Management C (Goods and Services) Regulation 1995 N SW Legislation Review Schedule: 2003 49 Name of legislation Public Trustee Act 1913 Agency Major restrictions AG Comments on review Report availability Comments on reform The NSW Parliament rejected amending legislation. Other measures to implement the review's recommendations are not considered viable. Constitutes a Public Trustee and Review completed. prescribes the powers and duties of the Public Trustee and duties. N SW Legislation Review Schedule: 2003 50 Name of legislation Racing Administration Act 1998 Agency Major restrictions GR Regulates racing and betting activities in NSW. The Act bans proprietary racing; bans racing for betting other than thoroughbred, greyhound and harness racing; bans advertising the availability of bookmaker or totalisator services from another jurisdiction; bans provision of betting services other than for the NSWTAB and provision of information on alternative sources by way of internet, subscription TV or other on-line communications. Comments on review Report availability Review completed in August 2001. Publicly Omnibus review in conjunction with the available Bookmakers Taxation Act 1917, the Greyhound Racing Control Board Act 1985, the Harness Racing Act 1977 and the Thoroughbred Racing Board Act 1996. The review recommended that existing legislative restrictions on the conduct of racing and betting be retained on the net public benefit grounds of harm minimisation, and ensuring probity, with the exception of a relaxation in arrangements regarding corporate bookmakers. Comments on reform The Government accepted the review‟s recommendations on 3 December 2001. In relation to corporate bookmakers, the Government has amended legislation. This change will facilitate fairer income tax arrangements, better management of the risks associated with bookmaking, and improved customer service. Additionally, the State turnover tax on bookmakers, in regard to both racing betting and sports betting, was abolished on 1 May 2002. It is estimated that this initiative will save the State‟s bookmakers approximately $2.4 million each year and assist them to remain viable and competitive with bookmakers in other States. In May 2002 the Conference of Australian Racing, of which NSW is a member, set up a Cross-border Betting Taskforce to look at significant issues in the industry nationally. The Taskforce will address concerns such as betting limits, funding, cross-border advertising, and variations in bookmaker operating conditions. The Conference is due to consider the taskforce report and industry response in mid 2003. In advance of the Conference deliberations, NSW reduced bookmaker telephone minimum betting levels from $200 to $100 on 25 February 2003 for metropolitan galloping meetings. NSW also removed this restriction for nonmetropolitan galloping, harness, and greyhound meetings. N SW Legislation Review Schedule: 2003 51 Name of legislation Agency Major restrictions Comments on review Radiation Control Act 1990 Env and Radiation Control Regulation 1993 Makes provision for the Initially dealt with under the Licence regulation and control of the sale, Reduction Program. use, keeping and disposal of radioactive substances and The legislation has also been considered radiation apparatus. in the context of the national NCP review of radiation control legislation. In March 2002, the Government approved amendments to the Act to implement the recommendations of the national NCP review. Report availability Publicly available Comments on reform The Radiation Control (Amendment) Act 2002 commenced in August 2002. The Radiation Control Regulation is being remade in 2003. N SW Legislation Review Schedule: 2003 52 Name of legislation Rail Safety Act 1993 Agency Major restrictions TS Potential for restraint on competition in pursuit of safe construction, operation and maintenance of railways. Comments on review Statutory review completed in 1999. Development of the rail safety reform package included consideration of NCP principles. Report availability Not applicable Comments on reform The Rail Safety Bill was passed by Parliament in November 2002. The new Act commenced on 8 February 2003. The development of the Act involved careful consideration of NCP principles. The regulatory framework established by the Act is based on the coregulatory model. This model is adopted nationally by all safety regulators. Under this model, operators must demonstrate to the regulator the systems and processes they have in place to manage the risks associated with their operations. This model is outcomes based and ensures that smaller operators are not unnecessarily burdened by regulation. The Act also provides for continuation of mutual recognition arrangements. These arrangements reduce the level of administrative burden on operators seeking to operate in other States, consistent with NCP principles. Recreation Vehicles Act 1983 Env Regulates the off-road use of motor vehicles. Review is not required. Not applicable Vehicle registrations can no longer be made under this Act, as the relevant Regulation expired in 1999 and will not be re-made. Management of recreational vehicles will in future rely on existing NCP-compliant powers located within road transport legislation. Registered Clubs Act 1976 GR Makes provisions with respect to See separate entry item for the Liquor the registration of clubs and their Act 1982. rules and management. N SW Legislation Review Schedule: 2003 53 Name of legislation Residential Tenancies Act 1987 Agency Major restrictions FT Relates to the rights and obligations of landlords and tenants under residential tenancy agreements; makes provision with respect to excessive rent increases and rents; confers functions onto the Residential Tenancies Tribunal of NSW with respect to landlords and tenants. Provides for Supreme Court action based on applications against activities, which create restraints of trade. Act strengthens public interest test found in the common law. Makes provision with respect to the leasing of certain retail shops and the rights and obligations of lessors and lessees of those shops. Relates to the termination of occupation rights of residents in retirement villages and confers jurisdiction over certain matters relating to retirement villages, on the Residential Tenancies Tribunal. Comments on review Review completed in June 2000, in conjunction with the Landlord and Tenant (Rental Bonds) Act 1977. The Government is presently considering the review‟s final report and 121 recommendations. Report availability Comments on reform It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. In 2001, the Residential Tenancies Tribunal was absorbed into the new Consumer, Trader and Tenancy Tribunal. Restraints of Trade Act 1976 AG Review completed. Publicly available The Restraints of Trade Act has been retained with amendment to indicate that it is subject to the TPA and the Competition Policy Reform (NSW) Act 1995. It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Retail Leases Act 1994 SB Combined NCP-statutory review in progress. It is intended that the review‟s final report will be completed by June 2003. Review completed in December 1998. The review recommended measures to address industry practices identified as unfair and inequitable. Publicly available Retirement Villages Act 1989 FT Act replaced by Retirement Villages Act 1999. New legislation is consistent with the review's recommendations. N SW Legislation Review Schedule: 2003 54 Name of legislation Rice Marketing Board (established under the Marketing of Primary Products Act 1983) Agency Major restrictions Ag Report availability Confers a monopoly over the Review completed in December 1995. Publicly domestic and export marketing of The review demonstrated that while the available rice grown in NSW on the Rice current regulated regime generated a Marketing Board (RMB). The net public cost in domestic markets, this RMB, under an exclusive licensing was outweighed by the net public arrangement, delegates its benefit in the regulation of exported marketing functions to the product. Ricegrower's Co-operative Limited (RCL). The review recommended removing the RMB's monopoly over domestic marketing, but retaining the export monopoly. It proposed this be achieved by repealing the State-based arrangements whereby the entire NSW crop 'vests' with the RMB and establishing an export monopoly under Commonwealth jurisdiction. Comments on review Comments on reform In April 1999, the Government advised the Commonwealth that it agreed in principle to remove domestic vesting arrangements, conditional on it being demonstrated that all relevant issues have been properly resolved, and in particular that: the proposed Commonwealth single desk rice export arrangements are feasible and practical, and do not put export premiums under any risk; industry views are taken into account on the need for a transition period before the start of proposed arrangements, and on the length of the initial period for which the Ricegrowers‟ Cooperative Limited (RCL) would be given an exclusive export licence; and all other States are in agreement with the proposal. NSW requested that the proposed model for consultation with other jurisdictions include a possible 3-5 year duration for the proposed national arrangements, and right of veto for rice exports for the RCL as a transitional measure. NSW is awaiting the outcome of the Commonwealth‟s consultation process before making any reforms to State legislation. NSW has written to the Commonwealth Treasurer seeking advice on progress of the Commonwealth‟s consultation with other jurisdictions on the proposed model. N SW Legislation Review Schedule: 2003 55 Name of legislation Roads Act 1993 Agency Major restrictions R Makes provision with respect to the roads of NSW. Regulates the carrying out of certain activities on public roads. Comments on review Review completed in August 2001. The review concluded that the Act is consistent with NCP principles. The Act does not need to be amended in relation to NCP. Report availability Publicly available Comments on reform The NSW Government approved the review‟s recommendations in February 2003. Rural Assistance Act 1989 Ag Constitutes the NSW Rural Review completed in February 1999. Publicly Assistance Authority. The Review The review recommended: available Group considered the Protection public benefit provisions should be Orders provision to be a included in the Act to apply to potentially significant competition existing and new programs; restriction. programs to include objectives that clearly target defined market failure(s); and provisions relating to the Protection Orders be repealed. Establishes Rural Lands Protection Districts and associated boards that levy and collect rates, provide animal health services and control of noxious weeds and animals. Establishes Rural Lands Protection Districts and associated boards that levy and collect rates, provide animal health services and control of noxious weeds and animals. Review is not required. Minor amendments to the Act, including the repeal of Protection Orders, were made by the Rural Assistance Amendment Act 2000 as recommended by the NCP review. Rural Lands Protection Act 1989 Ag Act repealed and replaced by the Rural Lands Protection Act 1998, which commenced in September 2001. Rural Lands Protection Act 1998 Initial work on the NCP review commenced during April 2002. It is intended that the review‟s final report will be completed during 2003. It is intended that the Government will make a decision on the review‟s recommendations during 2003. . N SW Legislation Review Schedule: 2003 56 Name of legislation Rural Workers Accommodation Act 1969 Agency Major restrictions IR Provides for the accommodation of rural workers and constitutes the Rural Workers Accommodation Advisory Council. Creates certificate of compliance for accommodation. Comments on review A number of concurrent review processes have been undertaken that impact upon rural worker accommodation issues. Firstly, a RIS was prepared for the Occupational Health and Safety Regulation 2001, which contains workplace accommodation and amenities provisions. Secondly, Health and Safety at Work – Shearing Guide 2002 – was developed and distributed in the rural industry. The Guide covers accommodation and amenity issues for shearers, which are the major group of workers covered by the Rural Workers Accommodation Act. Finally, a (draft) Code of Practice for Rural Workers Accommodation has been prepared and was issued for public consultation in 2001-2002. Report availability RIS is publicly available Comments on reform The Government is yet to finalise the review of the Draft Code of Practice. This is expected in 2003. Following this the review of the Act will commence if retention of the Act is considered necessary. Security (Protection) Industry Act 1985 Po Licensing (providers of security or Review is not required. protection for persons or property) and regulation. Not applicable Act repealed and replaced by the Security Industry Act 1997. NCP principles were addressed in developing the 1997 Act. The legislation is fundamentally based on net public benefit grounds. It is primarily intended to reduce: the risk of criminal activity in the security industry; the risk of financial loss to businesses; the risk to public safety; the risk to security guards working in the industry; and the risk from dishonest or untrained security guards, who sometimes carry firearms. N SW Legislation Review Schedule: 2003 57 Name of legislation Seeds Act 1982 Agency Major restrictions Ag Imposes labeling requirements on seed parcel sales. Sets standards and conditions which limit participation in seed varietal verification schemes. Comments on review The review was undertaken as part of a national process. The final report on the review of the NSW Act is expected to be submitted to the Minister for Agriculture in April 2003. The Seed Industry Association of Australia is operating a National Code of Practice for the Sale of Seed with the support of the Grain Council of Australia. The Code has been in place for three years. Report availability Comments on reform It is intended that the Government will make a decision on the review‟s recommendations during 2003. Small Business Loans Guarantee Act 1977 SB Authorises the execution of guarantees for the repayment of loans made to certain small businesses. Review is completed. The Act was reviewed in conjunction with the State Development and Industries Assistance Act 1966. Treasurer's circular issued in September 2000 requiring Ministers to include analysis of wider public interest issues in applications for government guarantees under any Act authorising their issue. Not applicable Not applicable Act repealed. Soccer Football Pools Act 1975 Standard Time Act 1987 GR Regulates the conduct of soccer football pools in NSW. Relates to standard time and daylight saving in NSW. Review is not required. Refer to separate entry item for the Public Lotteries Act 1996. Review unnecessary. Act deleted from the NSW legislation review schedule. The Act does not contain any anticompetitive issues. Review is at the final stage. The Act is reviewed in conjunction with the Small Business Loans Guarantee Act 1977. The review‟s final report is due for completion in early 2003. AG State Development and Industries Assistance Act 1966 SD Constitutes the Minister administering the Act as a corporation sole and confers certain powers on that sole relating to the establishment, expansion and development of certain industries and to the acquisition of land. Any NCP-related amendments will be introduced in 2003. N SW Legislation Review Schedule: 2003 58 Name of legislation Stock (Artificial Breeding) Act 1985 Agency Major restrictions Ag Restricts who may carry out or supervise an artificial breeding procedure. Requires licensing of artificial breeding premises. Imposes mandatory standards on licensed premises. Imposes restrictions on chemically affected stock (for example on sale, movement and destruction). Comments on review Review completed in December 1998, with the Veterinary Surgeons Act 1986. The review recommended that the Stock (Artificial Breeding) Act 1985 be repealed. Review completed in 1999. Part of a generic review of chemical residue legislation. In April 2002, the Government approved in-principle the review‟s recommendations that: the Fertilisers Act 1985, the Stock Foods Act 1940 and the Stock (Chemical Residues) Act 1975 be amalgamated into a single new Act; certain current restrictions be excluded from the new Act; and the objectives of the new Act focus on forms of market failure relating to human health, trade, the environment and animal welfare. Report availability Comments on reform The Government decided in September 2002 that the Act will be repealed as recommended. Legislation repealing the Act will be introduced into Parliament during 2003. Stock (Chemical Residues) Ag Act 1975 Publicly available There are no outstanding NCP issues. N SW Legislation Review Schedule: 2003 59 Name of legislation Stock Diseases Act 1982 Agency Major restrictions Ag Restricting or prohibiting imports of stock or other items from a disease affected area. Declaration of quarantine areas. Testing and treatment of stock. Closing of roads and building of fences and gates. Declaring quarantine lines and setting conditions for crossing such lines. Ordering destruction of stock. Comments on review Review completed July 2002. Final report is under consideration by the Government. Part of a generic review of all plant and animal disease legislation. Report availability Comments on reform It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Stock Foods Act 1940 Ag Regulates labelling of manufactured stock food. Sets composition standards for stock food (limits on foreign ingredients). Review completed in 1999. Part of a generic review of chemical residue legislation. The Government is considering a proposal to amalgamate chemical residues legislation including the Stock Foods Act 1940. Review completed in 1999. Part of a generic review of chemical residue legislation. The Government is considering a proposal to amalgamate chemical residues legislation including the Stock Medicines Act 1989. The proposed revised legislation would contain no provision for advertising restrictions and the effect of this new legislation would be to remove the current advertising restrictions in the Act. Publicly available There are no outstanding NCP issues. It is anticipated that amendments to amalgamate the suite of legislation will be introduced in 2003. Stock Medicines Act 1989 Ag Unregistered chemicals not to be held or used on food-producing stock unless prescribed by a veterinary surgeon. Minimum qualifications and experience for analysts. Restricts advertising. Publicly available It is anticipated that amendments to amalgamate the suite of legislation will be introduced in 2003. This will remove advertising restrictions. N SW Legislation Review Schedule: 2003 60 Name of legislation Strata Schemes Management Act 1996 Agency Major restrictions FT Comments on review Provides for the management of Review completed in March 2002. strata schemes and the resolution The review concluded that: of disputes in connection with the benefits of the act outweigh the strata schemes. costs: and without legislation, strata schemes would be far less effective, maintenance of strata scheme buildings would deteriorate, and financial resources of owners‟ corporations would be less adequate. As above. Review is not required. Report availability Publicly available Comments on reform The Government approved the review‟s recommendations in July 2002. The outcome is given effect by the Strata Schemes Management Amendment Act 2002 (commenced 10 February 2003). Strata Titles Act 1973 FT Not applicable Act repealed and replaced by the Strata Schemes Management Act 1996, which provides for the management of strata schemes and the resolution of disputes in connection with strata schemes. Strata management provisions of the Act replaced by Strata Schemes Management Act 1996, which provides for the management of strata schemes and the resolution of disputes in connection with strata schemes. Legislation to corporatise the Superannuation Administration Authority was introduced into Parliament in May 1999. The legislation provided for fixed superannuation contracts to be put in place for 3-5 years, following which competitive tendering will apply. No residual anti-competitive provisions will remain following the expiry of these transitional contracts. Strata Titles (Leasehold Development) Act 1986 C Provides for the registration of strata plans. Review is not required. Not applicable Superannuation Administration Act 1996 Tr Provides for trustees for State public sector superannuation schemes and the provision of investment and administration services for such schemes. Review is not required. Not applicable N SW Legislation Review Schedule: 2003 61 Name of legislation Surveyors Act 1929 Agency Major restrictions C Report availability Licensing, registration, entry Review completed in August 2001. The Publicly requirements (qualification, review made 11 NCP-related available exam, two years experience, recommendations, including the aged at least 21 years, good retention of a system of registration of fame and character), the surveyors, as justified by a net public reservation of title and practice, benefit. The review also recommended disciplinary processes, business the objectives of the Act be rewritten conduct (regulating the making of and consideration be given to surveys and advertising). deregulating restrictions on the naming and ownership of surveying firms and advertising. Provides for the establishment of a Swine Compensation Fund and for payment of compensation to owners of pigs and carcasses of pigs destroyed as suffering from disease. Constitutes the Sydney Market Authority and to define its powers, authorities, duties and functions and to vest certain property in the Authority. Constitutes and incorporates the Sydney Turf Club and declares its objects, functions and powers and provides for associated matters. Review completed July 2002. Final report is under consideration by the Government. Part of a generic review of all plant and animal disease legislation. Review is not required. Not applicable Comments on review Comments on reform The Government decided in October 2001 to accept the review‟s recommendations. The decision is given effect by the new Surveying Act 2002. Swine Compensation Act 1928 Ag It is anticipated that the Government will make a decision on the review‟s recommendations during 2003. Sydney Market Authority Act 1968 Ag Act repealed. Sydney Turf Club Act 1943 GR Review completed in 1999, in conjunction with the Australian Jockey Club Act 1873. The review recommended the retention of current arrangements. Publicly available Theatres and Public Halls Act 1908 AG Provides for the licensing and Review is not required. regulation of theatres and public halls and of places used for public entertainment or public meetings, and the licensing and regulation of the holding of public entertainment and public meetings in temporary structures. Not applicable Act repealed. N SW Legislation Review Schedule: 2003 62 Name of legislation Therapeutic Goods and Cosmetics 1972 Agency Major restrictions H Regulates the manufacture, distribution and advertising of certain therapeutic goods and imposes standards in relation to certain therapeutic goods and cosmetics. Comments on review Review completed. Report availability Comments on reform Act repealed. Provisions relating to cosmetics not re-enacted. Licences for wholesalers of therapeutic goods eliminated. Remaining provisions incorporated into Poisons Act 1966 and Therapeutic Goods Act 1972. See Racing Administration Act 1998. Thoroughbred Racing Board Act 1996 GR Establishes the controlling body Review completed in 2001. Part of Publicly for thoroughbred racing. review of racing and betting legislation. available Authorises the controlling body to make rules of racing and betting (including provision for the licensing of racing participants). The controlling body may make rules in relation to the operation of bookmakers. Bookmakers may only operate at events and at a location and time for which it is lawful to do so. Prohibits the advertising of tobacco and tobacco products, trade marks, brand names and logos. Makes provisions with respect to the stabilisation of the tobacco leaf industry. Review completed. Tobacco Advertising Prohibition Act 1991 H Act repealed. Advertising restrictions were minimised and incorporated into the Public Health Act 1991. Act repealed. Tobacco Leaf Stabilisation Act 1976 Totalizator (Off-Course Betting) Act 1964 Ag Review completed. GR Makes provision with respect to Review is not required. off-course betting by means of the totalizator system; provides for the conduct of sweepstakes in respect of certain events; establishes a Totalizator Agency Board and defines its powers, authorities, duties and functions. Not applicable Act repealed and replaced by Totalizator Act 1997, privatising the TAB. N SW Legislation Review Schedule: 2003 63 Name of legislation Totalizator Act 1916 Agency Major restrictions GR Comments on review Amends and consolidates the law Review is not required. as it relates to the conduct of totalizators and the regulation of totalizator betting. Privatises the TAB. Makes provision for an exclusive licence for the NSWTAB to conduct totalizator betting both on and off course. Establishes the rules and codes of conduct for totalizator betting. Grants an exclusive licence to the NSWTAB for linked jackpots on gaming machines in NSW and also for the NSWTAB to provide a centralised monitoring system for gaming machines in NSW clubs and hotels. Later amendments grant NSWTAB an exclusive investment licence to provide gaming machines to hotels and clubs. Report availability Not applicable Comments on reform Act repealed and replaced by Totalizator Act 1997, privatising the TAB. Totalizator Act 1997 GR Review completed by CIE at the request Publicly of the NCC. The review concluded that available there is a net public benefit from the TAB‟s exclusive licensing arrangements. N SW Legislation Review Schedule: 2003 64 Name of legislation Tow Truck Act 1989 Agency Major restrictions TS Comments on review Report availability Comments on reform Act repealed and replaced by Tow Truck Act 1998. The Tow Truck Act 1998 gives effect to a series of fundamental regulatory reforms in the tow truck industry. The reforms have been developed in response to an independent review of the industry, which identified corruption and criminal practices within some segments of the industry. The review recommended a fundamental restructure of policy, enforcement and organisational elements governing tow truck regulation. Central to the reforms is the introduction of a Job Allocation Scheme. A six-month trial of the JAS commenced on 20 January 2003. The Government confirms its previous advice (2002 Annual Report page 8) that a review of the Tow Truck Industry Act 1998 will commence six months after the JAS trial. Provides for a licensing and Review is not required. certification scheme for tow truck drivers and operators, regulates other matters and constitutes the Tow Truck Industry Council. Tow Truck Act 1998 TS Licensing, job allocation scheme, The NSW Government had given the pricing controls. NCC an undertaking that a review of the Act will be initiated six months after the new Job Allocation Scheme (JAS) has commenced. The NCC sought a commitment from NSW regarding the actual commencement date. As advised in the Government‟s March 2002 Report to the NCC, the review‟s terms of reference will include an evaluation of the JAS trial and further analysis of the impact of clause 69(2) of the Tow Truck Industry Regulation on interstate operators, incorporating advice from the NSW Crown Solicitor on this issue. N SW Legislation Review Schedule: 2003 65 Name of legislation Trade Measurement Act 1989 Agency Major restrictions FT Comments on review Report availability Comments on reform Final endorsement by the MCCA is expected by 30 June 2003, with introduction and implementation of any legislative reforms expected in late 2003/early 2004. Relates to trade measurement in National review completed. Queensland NSW as part of the scheme for is leading the national process. uniform trade measurement legislation throughout Australia. On 3 February 2003, the Ministerial Council on Consumer Affairs (MCCA) approved the public release of the NCP review documents for public consultation by 28 March 2003. Endorsement of the review response is required by the MCCA. Provides for the regulation of vehicles and of vehicular and pedestrian traffic. Review completed. Publicly available Traffic Act 1909 R Act repealed. N SW Legislation Review Schedule: 2003 66 Name of legislation Travel Agents Act 1986 Agency Major restrictions FT Licensing, compulsory consumer compensation fund, business restrictions. Comments on review Report availability National review completed in 2000. WA Publicly is leading the national process. available The review response was endorsed by the Ministerial Council for Consumer Affairs in November 2002. The review response recommended retaining the existing scheme for regulating travel agents on public benefit grounds, including: retaining mandatory qualification requirements, but amending them to ensure consistency; retaining licensing framework; and retaining function based definition for travel agent business. The review also recommended removing or reforming arrangements not justified on public benefit grounds, including: lifting the current licence exemption threshold to $50,000; and removing the exemption for crown owned businesses. Comments on reform NSW anticipates that appropriate reforms will be completed during 2003. A SCOCA Working Party has been set up to implement review recommendations. NSW anticipates that legislative reforms will be completed late 2003/early 2004. N SW Legislation Review Schedule: 2003 67 Name of legislation Trustee Companies Act 1964 Agency Major restrictions AG Comments on review Report availability Comments on reform Restrictions, liabilities, privileges National review is underway. and powers of trustee companies. Standing Committee of Attorneys General (SCAG) released issues paper and draft Bill in June 2001. SCAG was ready to endorse the NCP review‟s report at its meeting in March 2002. However, Commonwealth officers asked for more time to consider the licensing and supervisory arrangements before the report is released. The NSW Attorney General raised this issue in general business at SCAG in July and November 2002 and on both occasions the Federal Attorney General advised the meeting that he had to receive advice from his colleague the Federal Treasurer and the matter would need to wait. The Bill can be finalised once the NCP report is released and stakeholder comment is received. Unhealthy Building Act 1990 Env Provides for the declaration of Review completed. Dealt with under the Not certain land as unhealthy building Licence Reduction Program. applicable land and for the effect of such a declaration. N SW Legislation Review Schedule: 2003 68 Name of legislation Valuers Registration Act 1975 Agency Major restrictions FT For real estate valuers: licensing, registration, entry requirements (education, supervised training, good character), disciplinary processes, the reservation of practice. It also confers functions on the Property Services Council. Comments on review Review completed in early 2000. The review recommended a negative licensing scheme to replace the current registration scheme. The proposed scheme would involve core legislation that provides for qualification and practice requirements, and disciplinary action. Continuing professional development and professional indemnity insurance would not be a compulsory pre-condition to carry on business as a valuer. The review of the Veterinary Surgeons Act 1986 was completed in 1998. Recommended reforms included loosening restrictions on entry to the profession and ownership of veterinary hospitals, and opening up less serious animal treatment procedures to nonvets. In September 2002 the NSW Cabinet approved a response to the review, including the drafting of legislative amendments. Report availability Publicly available Comments on reform The NSW Government accepted the review‟s recommendations in-principle in April 2000, subject to further public consultation. Following further analysis and consultation, the Government decided in May 2002 to retain a streamlined positive licensing system. The Valuers Bill 2002 was introduced to Parliament on 11 December 2002. It will be progressed when Parliament resumes in 2003. A draft bill is being prepared and the legislation to give effect to reforms is expected to be introduced into the Parliament in the Budget session of 2003. Veterinary Surgeons Act 1986 Ag Licensing of veterinary surgeons and hospitals, reservation of practices, reservation of title, advertising restrictions, and controls on business names. N SW Legislation Review Schedule: 2003 69 Name of legislation Waste Disposal Act 1970 Agency Major restrictions Env Provides for the constitution of a corporation to be called the 'Metropolitan Waste Disposal Authority'; confers and imposes on the corporation responsibilities, powers, authorities, duties and functions with respect to the transport, collection, reception, treatment, storage and disposal of waste within the Metropolitan Waste Disposal Region. The Act relates to the management, regulation and reduction of waste. Potential restrictions on competition include: the powers of regional waste boards to direct councils' charging policies; requirements for industry waste reduction plans; licensees that are not public authorities cannot hold licences for facilities that receive putrescible waste, unless a separate supervisory licence is granted to a public authority; environmental protection licensing; and the waste levy. Imports Commonwealth Act into State jurisdiction. Comments on review Review is not required. Report availability Not applicable Comments on reform Act repealed and replaced by the Waste Minimisation and Management Act 1995. Waste Minimisation and Management Act 1995 Env Review completed in 2001. The review Publicly recommended legislative amendments available to replace regional waste boards with a single State agency; and a package of measures to improve the performance of the waste levy as an economic incentive for finding alternatives to waste disposal. In June 2001, the Government agreed to modify the NSW waste policy settings in line with the outcomes of the NCP review (and statutory review). The NSW Parliament subsequently passed the Waste Avoidance and Resource Recovery Act 2001. Wheat Marketing Act 1989 Ag Review is not required. Not applicable Act repealed under the State Law Revision Program. N SW Legislation Review Schedule: 2003 70 Name of legislation White Phosphorous Matches Prohibition Act 1915 Agency Major restrictions IR Comments on review Prohibits the use of white Review is not required. phosphorus in the manufacture of matches and prohibits the sale of matches made with white phosphorous. Restrictions on the buying and selling of wool, hides and skins. Review completed in 1996. The Government considered the review‟s recommendations concurrently with the findings of the Pastoral and Agricultural Crime Working Party, completed in late 2000. Report availability Not applicable Comments on reform Act repealed. Wool, Hides and Skins Dealers Act 1935 Po In October 2001, the Government decided to retain the Act in a revised, less restrictive form, as part of a package of rural crime measures. It is anticipated that amending legislation will be introduced when Parliament resumes in 2003. Legislation passed to introduce private underwriting in October 1999. However, subsequent legislation has repealed that legislation pending a further review of scheme design. Refer to the Government‟s March Report to the NCC for further information. Workers Compensation Act IR 1987 Mandatory insurance and centralised premium. Review completed in 1997-98. The review recommended removing the monopoly insurer in favour of competitive underwriting. N SW Legislation Review Schedule: 2003 71