Legislation review database: New South Wales Updated to 30 April 2002 Name of legislation Agricultural Tenancies Act 1990 Agency Major restrictions Ag Comments on review1 Report Comments on reform availability2 The NSW Parliament passed the recommended changes in April 2001. See Agricultural Tenancies Amendment Act 2001. 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. Agriculture and Veterinary Ag Chemicals (NSW) Act 1994 Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). National review completed in 1999. NSW is currently working towards the implementation of the review’s recommendations in accordance with the Signatories Working Group’s proposed response. Publicly available Legislation reform in NSW will follow the Primary Industries Ministerial Council’s consideration and endorsement of the national framework. N SW Legislation Review Schedule: April 2002 1 Name of legislation Air Transport Act 1964 Agency Major restrictions Tpt Comments on review1 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 Comments on reform availability2 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 account for 86 per cent of all intrastate passenger journeys. It is anticipated that the Government will make a decision on the review’s recommendations during 2002. Animal Research Act 1985 Ag Regulates the carrying out of Review activity is at the final stage. The animal research and the supply of review’s final report will be completed animals for research. Requires by June 2002. 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 of disposal of diseased bees or appliances, or importing of 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 activity is at the final stage. Part of a generic review of all plant and animal disease legislation. It is expected that review’s final report will be completed during 2002. Apiaries Act 1985 Ag It is anticipated that the Government will make a decision on the review’s recommendations during 2002. N SW Legislation Review Schedule: April 2002 2 Name of legislation Architects Act 1921 Agency Major restrictions PWS Report Comments on reform availability2 Registration, entry requirements, National review completed by the Publicly It is anticipated that NSW will reservation of title, disciplinary Productivity Commission (PC) in August available introduce amendments to the processes, business restrictions. 2000. NSW is leading the national Architects Act 1921 during 2002-03. process. A States and Territories Working Group has developed a national response to the PC review. The Working Group response has received broad acceptance from all jurisdictions, with a delay in formal endorsement by the ACT and Northern Territory. Comments on review1 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. N SW Legislation Review Schedule: April 2002 3 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 review1 Review completed in 1998. The review recommended removing the BIC's power to regulate the marketing and transport of bananas. Report Comments on reform availability2 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: April 2002 4 Name of legislation Bookmakers Taxation Act 1917 Agency Major restrictions GR Comments on review1 Bookmakers are subject to Review completed in 2001. Refer to scrutiny by the Bookmakers separate entry item for the Racing Revision Committee (BRC) for Administration Act 1998. probity and financial competence. A bookmaker may not operate without a current tax receipt issued by the BRC. Report Comments on reform availability2 Publicly The Act was repealed on 1 July 2001. available 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. NSW recently 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 SR 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’s final report has been submitted to the Minister for Sport and Recreation for consideration. It is anticipated that a reform proposal will be submitted for Government endorsement shortly. Amending legislation should be ready for introduction into Parliament this year. N SW Legislation Review Schedule: April 2002 5 Name of legislation Bread Act 1969 Agency Major restrictions IR Comments on review1 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. Report Comments on reform availability2 Act repealed. Building Services Corporation Act 1989 FT 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 will be introduced progressively 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. Refer to the Government’s March Report to the NCC for further information. Urgent action is also being undertaken taken following the home warranty insurance crisis. N SW Legislation Review Schedule: April 2002 6 Name of legislation Agency Major restrictions Provides for the licensing of people carrying on the business of selling certain petroleum products. Provides for the licensing of people carrying on the business of selling tobacco. Comments on review1 Review completed in 1997. Business Franchise Licence Tr (Petroleum Products) Act 1987 Business Franchise Licence Tr (Tobacco) Act 1987 Report Comments on reform availability2 Act repealed. Review completed in 1997. Act repealed. Business Licences Act 1990 FT Relates to business licences. Review completed in 2001. The review Publicly recommended the Act be repealed. available Review completed in March 2002. The Publicly review recommended that the Act be available retained with minor amendments to reduce some regulatory requirements on e-business to register names, and on other businesses to display their business names at premises. Act repealed by the Business Licences Repeal and Miscellaneous Amendments Act 2001. The Government approved the review’s recommendations in March 2002. Amending legislation is currently being prepared for introduction into Parliament during 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. N SW Legislation Review Schedule: April 2002 7 Name of legislation Casino Control Act 1992 Agency Major restrictions GR Establishes the Casino Control Authority and issues exclusive licence for Sydney casino. Comments on review1 Report Comments on reform availability2 Review completed in 1998. The review The Government supported, in recommended that the current exclusive principle, the review's casino licence arrangements be recommendations but referred the maintained. report to NSW Treasury for updating. It is anticipated that the revised report will be submitted for Government consideration in May 2002. Act repealed. 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. Regulates who may conduct or participate in charitable fundraising activities and the manner in which such activities are carried out. Review activity is at final stage. See the Lotteries and Art Unions Act 1901. Charitable Fundraising Act 1991 GR 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. Review not required. NSW Parliament has passed the Chiropractors Act 2001 and Osteopaths Act 2001 in line with the review’s recommendations. It is anticipated that the Acts will commence on 1 July 2002. Classification (Publications Films and Computer Games) Enforcement Act 1995 AG This is a national scheme. A revised censorship regime with the support of all Australian jurisdictions came into operation on 1 January 1996. N SW Legislation Review Schedule: April 2002 8 Name of legislation Coal Acquisition Act 1981 Agency Major restrictions MR Vests all coal in the Crown. Comments on review1 Review completed, in conjunction with the Coal Ownership (Restitution) Act 1990. Review completed, in conjunction with the Coal Acquisition Act 1981. Report Comments on reform availability2 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. 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. Coal Mines Regulation Act 1982 Commercial Agents and Private Inquiry Agents Act 1963 MR Regulates coal mines (and oil See Mines Inspection Act 1901. shale and kerosene shale mines) and certain related places. 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). 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 commenced in November 2001. The review’s final report was submitted in April 2002 to the Minister for Police for consideration. 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. It is anticipated that Government will consider the NCP review’s recommendations by June 2002. It is also anticipated that any legislative reforms arising from the NCP review will be addressed this year. Po Commercial Vessels Act 1979 PW Regulates the use of certain Review is not required. vessels and of certain motors for propelling vessels; provides for marking of load lines and the carriage of certain equipment by vessels. Act repealed and replaced by the Marine Safety Act 1998. N SW Legislation Review Schedule: April 2002 9 Name of legislation Construction Safety Act 1912 Agency Major restrictions WC Provides for the regulation and inspection of construction work and consolidates the Acts controlling scaffolding and lifts. Comments on review1 Review completed in 2001. Part of the RIS for the Occupational Health and Safety Regulation 2001. Report availability2 RIS is publicly available Comments on reform 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. Consumer Credit (NSW) Act 1995 FT Regulates the provision of consumer credit. National review is underway. Queensland is leading the national process. 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. No NCP amendments were proposed. NSW anticipates that the review process will be finalised by June 2002. 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). Governs the registration of cooperatives. Review commenced in 1999. The review’s report was submitted to the Minister for Fair Trading in October 2001. The Government will consider the review’s recommendations shortly. It is anticipated that amending legislation will be introduced into Parliament during 2002. Co-operation Act 1923 FT See Co-operatives Act 1992 Publicly available N SW Legislation Review Schedule: April 2002 10 Name of legislation Co-operatives Act 1992 Agency Major restrictions FT Enables the formation, registration and operation of cooperatives. Comments on review1 Report Comments on reform availability2 Review completed in 2001. The review Publicly NSW Parliament passed legislation in recommended that section 43 of the Act available November 2001 to give effect to the be repealed to prevent third line forcing. review’s recommendation. See Cooperatives Legislation Amendment Act 2001. 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. Review not required. Taxation legislation is generally exempt from NCP 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. In February 2002, the Government accepted the review’s recommendations, in principle, and approved the preparation of an exposure Bill for further public consultation during 2002. It is intended that a final reform proposal will be submitted for Government endorsement shortly. Amending legislation will be introduced into Parliament during 2002. Publicly available The Government has implemented the review's recommendations administratively. Council of Law Reporting Act 1969 AG Constitutes a Council of Law Reporting to NSW and defines its powers, authorities, duties and functions. Country Industries (Payroll SD 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. Credit (Finance Brokers) Act 1984 FT N SW Legislation Review Schedule: April 2002 11 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 review1 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 Comments on reform availability2 Publicly The Government initially accepted the available 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 previously integrated under Food Production (Safety) Act 1998. Dangerous Goods Act 1975 WC 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. Now that the Act and the Regulation have been finalised, the Government will prepare a detailed proposal for implementing the National Standard in NSW. N SW Legislation Review Schedule: April 2002 12 Name of legislation Dental Technician Registration Act 1975 Agency Major restrictions H Comments on review1 Report Comments on reform availability2 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. Publicly available The Government accepted the review’s recommendations, with the exception of the recommendation to remove employment restrictions on dentists. Refer to the Government’s March 2002 Report to the NCC for supporting information. NSW Parliament passed the new Dental Practice Act 2001 in October 2001. The Government is consulting with stakeholders on draft Regulations. It is expected that the new Act will commence in the second half of 2002. Dentists Act 1989 H 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. 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. Dried Fruits Act 1939 Ag N SW Legislation Review Schedule: April 2002 13 Name of legislation Driving Instructors Act 1992 Agency Major restrictions R Licensing, entry requirements (completed course, aged at least 21 years, may require test, medical exam, character), the reservation of practice (teach for monetary or other reward), business conduct (maintenance of records, regulations may make provisions for displaying identification and advertising). Provides for the constitution of Pacific Power and to define its principal objectives, powers, authorities, duties and functions. Amends and repeals certain other Acts. Comments on review1 Review completed in July 2001. It is anticipated that the Government will make a decision on the review’s report by June 2002. Report Comments on reform availability2 Electricity (Pacific Power) Act 1950 E Review not required. The functions of the entity established by this Act have been largely superseded through the establishment of a competitive national electricity market. Pacific Power will not have a continuing role beyond the current calendar year. The majority of Pacific Power’s functions, staff and assets have been transferred to the new entities of TransGrid, Macquarie Generation, Delta Electricity and Eraring Energy. Refer to the Government’s March 2002 Report to the NCC for further information. Electricity Safety Act 1945 FT Provides for the development of The review’s final report was completed electricity supply; confers certain and submitted for Government powers, authorities, duties and consideration in March 2002. functions on the Energy Corporation of NSW; provides for the regulation of the sale and hiring of electrical apparatus and amends certain Acts. It is anticipated that the Government will make a decision on the review’s recommendations shortly. Amending legislation should be ready for introduction into Parliament later in the year. N SW Legislation Review Schedule: April 2002 14 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. Comments on review1 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. Electricity Supply Act 1995 E Report Comments on reform availability2 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 any distinct anticompetitive provisions. Refer to the Government’s March 2002 Report to the NCC for further information. Electricity Transmission Authority Act 1994 E Establishes the NSW Electricity Transmission Authority and defines its functions. Review is not required. Act repealed by section 5 of the Energy Services Corporations Amendment (TransGrid Corporatisation) Act 1998 on 14 December 1998. In February 2002, the Government accepted the review’s recommendations, in principle, and approved the preparation of an exposure Bill for further public consultation during 2002. It is anticipated that a final reform proposal will be submitted for Government endorsement shortly. It is anticipated that amending legislation will be introduced into Parliament during 2002. 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. 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 specific consumer protection mechanisms in relation to the use of employment agents. Energy Administration Act 1987 E Establishes the Ministry of Energy Review is not required. and the Energy Corporation of NSW, and defines its functions. N SW Legislation Review Schedule: April 2002 15 Name of legislation Agency Major restrictions Licensing for entertainment industry agents, managers and venue consultants, maximum fees for entertainment industry agent. 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 review1 Entertainment Industry Act IR 1989 Report Comments on reform availability2 Review activity is at final stage. Issues It is anticipated that the Government paper released in September 2001 and will make a decision on the final report review’s report is currently being by 30 June 2002. prepared. Review completed in 1997. Dealt with under the Licence Reduction Program. Act partially replaced by the Contaminated Land Management Act 1997. Environmentally Hazardous Env Chemicals Act 1985 Exhibited Animals Protection Act 1986 Ag Review activity is at final stage. The Act is being reviewed in conjunction with the Non-Indigenous Animals Act 1987. The review’s report will be finalised by the end of May 2002. It is anticipated that the Government will make a decision on the review’s recommendations during 2002. Exotic Diseases of Animals Ag Act 1991 Review activity is at final stage. Part of a generic review of all plant and animal disease legislation. It is expected that the review’s final report will be completed during 2002. It is anticipated that the Government will make a decision on the review’s recommendations during 2002. N SW Legislation Review Schedule: April 2002 16 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 Comments on review1 Part 4 restricts shop trading Review completed. hours. General Stores (ie, those that are not classified as "scheduled" or "small" shops) are not permitted to open on Sundays or public holidays. Report Comments on reform availability2 Trading hours in NSW 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. Refer to the Government’s March 2002 Report to the NCC for further information. 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. Regulates the supply, advertising and distribution of goods and services and, in certain respects, the disposal of interests in land. Review is at the final stage. Issues paper released in June 2000 to facilitate public consultation. Further discussions and negotiations with a range of stakeholders have taken place. The review’s final report is being prepared. Review completed in March 2002. Reviewed in conjunction with the Door to Door Sales Act 1967. The Government is currently considering the review’s recommendations. It is intended that the Government will make a decision on the review’s recommendations during 2002. FT A number of consumer protection provisions in the existing Fair Trading Act mirror those of the Trade Practices Act 1974. It is anticipated that the Government will make a decision on the review’s recommendations by June 2002, with any resulting legislative changes introduced into Parliament later in 2002. N SW Legislation Review Schedule: April 2002 17 Name of legislation Farm Debt Mediation Act 1994 Agency Major restrictions Ag Report Comments on reform availability2 The Act requires creditors to Review completed in 2000. The review’s Publicly The Government endorsed the undertake mediation if a farmer key recommended was the retention of available review’s recommendations in chooses to exercise this statutory mandatory requirements for mediation November 2001. Amending legislation right; and requires that the on farm debt. is being prepared for introduction into mediator must be accredited. the current session of Parliament. 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. Review completed. Act repealed. Comments on review1 Farm Produce Act 1983 Ag 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: April 2002 18 Name of legislation Fisheries Management Act 1994 Agency Major restrictions F Comments on review1 Licensing of fishers. Access to Review completed in 2001. The report share managed fisheries by clearly demonstrated a net public owning shares. Input controls on benefit associated with the legislation. boats, gear, crew levels and fishing methods. Output controls such as total allowable catches, bag limits, size limits and prohibitions on taking certain species. Report Comments on reform availability2 The Government has accepted the review’s recommendation that the objects of the Act be amended to include the recognition of socioeconomic benefits. The Fisheries Management Amendment Bill 2001 was assented to on 11 December 2001. The Government endorsed the review’s final report on 23 April 2002. It is expected that the final report will be publicly released in May 2002. All Australian governments agreed in November 2000 to use their best endeavors to adopt core provisions of the Model Food Bill by November 2001. NSW legislation will be introduced in the current session of Parliament. 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. Friendly Societies Act 1989 Tr Provides for the formation, registration, management and regulation of friendly societies. 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. Act repealed and relevant provisions incorporated into Pharmacy Act 1964 (reviewed as part of the national review of pharmacy legislation). Friendly Societies Dispensaries Enabling Act 1945 H Enables Friendly Societies to operate pharmacies. Review completed in 1997. N SW Legislation Review Schedule: April 2002 19 Name of legislation Funeral Funds Act 1979 Agency Major restrictions FT Controls and regulates contributory and pre-arranged funeral funds. Comments on review1 Review completed in 2001. 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. Review is not required. Report Comments on reform availability2 Publicly The Government approved the available review’s recommendations in February 2002, as well as the preparation of an exposure Bill to facilitate further public consultation. NSW will also enter into discussions with the Commonwealth to determine the feasibility and desirability of including funeral funds in the financial services reform proposals or alternative existing prudential supervision regimes. Act repealed and replaced by the Funeral Services Industry (Days of Operation) Act 2000. 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. GR Act prescribes the rules of Two- Review completed in 1998. Retention of up, and the circumstances under restrictions justified as being in the 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. Consolidates Acts relating to games, wagers and betting houses, the restriction of race meetings and the licensing of racecourses. Review is not required. 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. Gaming and Betting Act 1912 GR N SW Legislation Review Schedule: April 2002 20 Name of legislation Agency Major restrictions Makes provision with respect to the structure of AGL. Validates certain guarantees given to certain banks, authorises the Treasurer to execute certain guarantees. Comments on review1 Review is not required. Review completed in 2000. Review found there was potential for the implementation of the Act to contravene competitive neutrality principles. Gas Industry Restructuring E Act 1986 Government Guarantees Act 1934 Tr Report Comments on reform availability2 Act repealed by Gas Supply Act 1996, which corporatised AGL. 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. Publicly available 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. The Board’s wideranging powers over all other commodities would be deregulated immediately. The Grain Marketing Amendment Act 2001, assented to on 14 December 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. Grain Marketing Act 1991 Ag 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 Grains Board, and confers all domestic sales be removed for monopoly marketing rights over malting barley by no later than 31 NSW grains on the Grains Board. August 2001, and for all other 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. N SW Legislation Review Schedule: April 2002 21 Name of legislation Greyhound Racing Authority Act 1985 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. 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 review1 Review completed in 2001. Part of omnibus review of racing and betting legislation. See Racing Administration Act 1998. Report Comments on reform availability2 Publicly In March 2002, the Government also available approved a restructure of the Greyhound Racing Authority and Harness Racing in NSW, which will see the separation of regulatory and commercial functions and the phased integration of regulatory functions of both codes into a single body. Harness Racing Act 1977 GR 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, which will see the separation of regulatory and commercial functions and the phased integration of regulatory functions of both codes into a single body. Hawkers Act 1974 FT Review completed in 1996. Review completed in 1996. 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. N SW Legislation Review Schedule: April 2002 22 Name of legislation Human Tissue Act 1983 (blood and blood products only) Agency Major restrictions H 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. Restates and reforms the law concerning industrial relations. Comments on review1 Review of blood donation and the supply of blood and blood products 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. Review completed in 1996. Report Comments on reform availability2 Publicly The Government agreed in February available 2002 to remove restrictions on autologous blood. It is anticipated that amending legislation will be introduced into Parliament during 2002. Other matters regulated by this Act are not subject to NCP review. 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 is administered by the Department of Fair Trading. In February 2001, NSW forwarded the review’s final report to the Tourism Ministers' Council. In July 2001, the Council established an InterDepartmental Committee to develop recommendations to attain consistent liability for innkeepers across Australia. The inter-governmental process is still in progress. Industrial Relations Act 1991 IR 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, whereas other accommodation providers are subject to unlimited liability under common law. 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. There would also need to be consideration of international developments in this industry. N SW Legislation Review Schedule: April 2002 23 Name of legislation Land Development Contribution Act 1970 Agency Major restrictions P Comments on review1 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. Report Comments on reform availability2 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 this matter will be addressed in the current session of Parliament. Landlord and Tenant (Rental Bonds) Act 1977 FT 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. N SW Legislation Review Schedule: April 2002 24 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 review1 Report Comments on reform availability2 Review completed in 1998. The review’s Publicly The Government is making good recommendations included allowing available progress with the implementation of incorporation of legal practice and reforms. To date, the rule requiring allowing competition in professional solicitors to have majority control of indemnity insurance. multidisciplinary practices has been abolished, and legislation allowing solicitors to incorporate was passed in October 2000 (commenced on 1 July 2001). Refer to the Government’s March 2002 Report to the NCC for further information. Legislation was also introduced on 10 April 2002 to: provide for voluntary membership of professional associations; allow accreditation of training schemes not conducted by the professional associations; allow solicitors to practice in multi-disciplinary partnerships despite anything to the contrary in Law Society rules; require professional rules to be exposed for public comment before being made; allow lawyers from other states to practise in NSW even if their state does not have complementary legislation; and provide for public register of disciplinary action taken. N SW Legislation Review Schedule: April 2002 25 Name of legislation Library Act 1939 and Library Regulation 1995 Agency Major restrictions A Comments on review1 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 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 are being addressed in a report that is currently being prepared for Government consideration. Report Comments on reform availability2 Certification scheme abolished. Liquefied Petroleum Gas Act 1961 Liquefied Petroleum Gas (Grants) Act 1980 Liquor Act 1982 and Registered Clubs Act 1976 - Part 1 of 2, Gambling E 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. Refer to the Government’s March 2002 Report for further information. Regulates the supply of LPG. Regulates the use and supply of gaming devices. N SW Legislation Review Schedule: April 2002 26 Name of legislation Liquor Act 1982 and Registered Clubs Act 1976 - Part 2 of 2, Liquor Licensing Agency Major restrictions GR Report Comments on reform availability2 Regulates the sale and supply of Combined review of liquor and club It is anticipated that the Government liquor and regulates the use of management provisions in progress. will make a final decision on relevant premises at which liquor is sold. See also the Registered Clubs Act 1976. competition policy issues during 2002Needs test is contained in section 03, following public consultation and 45, which allows objection to the Preliminary report has been completed. further assessment of reform options. grant of a licence on the grounds On 22 April 2002, the Government that needs of the public are met approved the release of a discussion by existing facilities. paper outlining a range of possible reform options. These include a possible reduction in the number of liquor licence types, cutting red tape in the licence application process, and using local council planning controls to better protect local community interests. The appropriateness of the public needs test is being considered in this context. Amends the Local Government Act to make provision for approval and regulation of places of public entertainment and certain structures. Review completed. Dealt with under the Licence Reduction Program. Licence retained as issues of public safety outweigh costs. In February 2002, the Government approved amendments to the Local Government Act in line with the review’s recommendations. Amending legislation is currently being drafted. It is anticipated that this matter will be addressed in the current session of Parliament. Comments on review1 Local Government (Theatre LG and Public Halls) Amendment Act 1989 Local Government Act 1993 LG Act has some restrictions such as Review completed in 2001. The review Publicly recommended the removal of a number available approval to operate of anti-competitive restrictions on both businesses such as a council businesses and other bodies. For mortuary or an undertakers example, the review recommended that business; and the Act be amended to: the ability of councils to provide goods, services, and allow Councils to vary fees for other facilities pursuant to businesses and contestable section 24 of the Act. regulatory activities in accordance with a predetermined costing methodology; and lift restrictions on the use of revenue from community land. N SW Legislation Review Schedule: April 2002 27 Name of legislation Agency Major restrictions Section 23 gives preference to Islanders who can buy property at valuation by Valuer General. Comments on review1 Review completed in 2000. The Government has established an InterDepartmental Committee (IDC) to develop a response to the review's recommendations, including socioeconomic impact assessment. It is anticipated that the IDC will report back to the Government by June 2002. Report Comments on reform availability2 Lord Howe Island Act 1953 NPWS and Lord Howe Island Regulation 1994 Lotteries and Art Unions Act 1901 GR The Act imposes general Review is at final stage. The review’s restrictions that limit the report will be finalised by the end of opportunity to profit from the May 2002. conduct of community gaming to charities and other non-profit organisations. Regulates the conduct of lotto in NSW. Provides for licensing of pilots. Review is not required. Refer to separate entry item for the Public Lotteries Act 1996. Review completed. Dealt with under licence reduction program. It is anticipated that the Government will make a decision on the review’s recommendations by 30 June 2002. Lotto Act 1979 GR Act repealed. Marine Pilotage Licensing Act 1971 PW Ten licences and permits abolished from 2 February 1997. Legislation subsequently repealed and replaced by the Marine Safety Act 1998. N SW Legislation Review Schedule: April 2002 28 Name of legislation Marine Safety Act 1998 Agency Major restrictions PW 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. Comments on review1 Review is not appropriate at this stage. The Act remains substantially uncommenced because the Commonwealth is yet to provide NSW with advice on international marine safety standards. The Government has made a commitment that the NCP review will be conducted 12 months after the Act is fully commenced. Report Comments on reform availability2 Maritime Services Act 1935 PW Review is not required. 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 certain primary products and marketing authorities constituted by the 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. 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: April 2002 29 Name of legislation Medical Practice Act 1992 Agency Major restrictions H Comments on review1 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 Comments on reform availability2 Publicly Medical Practice Amendment Act 2000 available 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. 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 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. N SW Legislation Review Schedule: April 2002 30 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 review1 Review completed in 1996. The review recommended that the Board's vesting power not be continued beyond 30 November 1996 and that the Board becomes an industry service organisation, using existing powers under the Marketing of Primary Products Act 1983. Second NCP review to assess the proposed powers and functions of the Board completed in November 2001. Report availability2 First NCP review report is publicly available Comments on reform The Government extended the Board's vesting power to 31 July 2000, subject to a number of constraints, via the Marketing of Primary Products Amendment (Wine Grapes Marketing Board) Act 1997. The vesting power sunsetted on 31 July 2000. It is anticipated that the Government will make a decision on the second NCP review by 30 June 2002. 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. Review in progress. The Mines Inspection Act (MIA) 1901 and Coal Mines Regulation Act (CMRA) 1982 are both subject to parallel NCP review processes that are part of a fundamental review of all mine safety legislation. Since August 2001, the Government has released NCP issues papers for both the CMRA and the MIA. Stakeholder comments on competition policy issues have been incorporated into the development of position papers for both Acts. Due to the sensitivity of mine safety legislation, extensive stakeholder consultation has also been required in the preparation of the position papers. In February 2002, the Government approved the release of a position paper for the CMRA and the preparation of draft amending legislation. It is intended that this legislation will be introduced into Parliament before 30 June 2002. However, its commencement will be delayed for at least 12 months in order to develop the subordinate legislation. Comments on the issues paper are still being considered. A report on these submissions, with recommendations for progressing the review, should be completed by the end of June 2002. It is unlikely that subsequent legislation reforms would be introduced into Parliament before 2002-03. N SW Legislation Review Schedule: April 2002 31 Name of legislation Mining Act 1992 Agency Major restrictions MR Makes provisions with respect to prospecting for, and mining of, minerals. Comments on review1 Licensing requirements dealt with under the Licence Reduction Program. Restrictions other than licensing will be considered as part of the comprehensive review of all mine safety legislation. See separate entry item for Mines Inspection Act 1901. Report Comments on reform availability2 Monopolies Act 1923 AG Amends the law in relation to monopolies and restraint of trade. Review completed. Act repealed. Motor Accidents Act 1988 MAA 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. Licensing (motor dealer, wrecker, wholesaler, motor vehicle parts reconstruction, car market operator, motor vehicle consultant), entry requirements (fit and proper person, sufficient financial resources, dealer qualifications and expertise or experience), the reservation of practice, disciplinary processes, business conduct (record keeping, motor dealers compensation fund). Review completed in 2000, in conjunction with the Motor Dealers Act 1974. 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. In October 2001, the Government approved the Motor Trades Amendment Bill 2001 for introduction into Parliament. Publicly available Legislation passed in line with recommendations. Motor Dealers Act 1974 FT Publicly available 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 first stage of the Act commenced on 1 March 2002. N SW Legislation Review Schedule: April 2002 32 Name of legislation Agency Major restrictions Comments on review1 Motor Vehicles (Third Party MAA Insurance) Act 1942. There are no major restrictions in Review completed in 1997. See Motor the Act Accidents Act 1988. Report Comments on reform availability2 Publicly Legislation passed in line with the available review’s recommendations. Motor Vehicles Repair Act 1980 FT 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. ACIL report The Act has been amended to remove is publicly a number of restrictive provisions available relating to licenses and work categories. Prescribed qualifications will be subject to review and repeal provisions of the Subordinate Legislation Act 1989. It is anticipated that the Government will make a decision on the review’s recommendations during 2002. Publicly available Extensive public consultation has been undertaken in developing a joint government response to the review's recommendations. Both the Victorian and NSW Governments agreed inprinciple to reconstitute the Board through an extra-territorial application of the Victorian Agricultural Industry Development Act. A Bill to implement this decision is currently being considered by the NSW Government. Motor Vehicle Sports (Public Safety) Act 1985 Murray Valley Citrus Marketing Act 1989 SR Makes provision for the control and regulation of meetings for motor vehicle racing. Review is at the final stage. The review’s final report was submitted for Government consideration in April 2002. Ag Constitutes a joint NSW-Victorian Joint review with Victoria completed. Murray Valley Citrus Marketing Final report submitted to both Board. governments in August 1999 and publicly released on the basis that it Imposes a compulsory charge on was not an endorsed government citrus producers in the Murray position. Report recommended: Valley. legislation should continue to Power (unused) to set minimum underpin the operations of the quality standards and minimum Board; prices. core functions which provide benefits of a 'public good' nature continue to be funded by a compulsory levy where growers vote this to be beneficial; and any future legislation should clearly reflect the purpose of the Board in facilitating marketing and enhancing technological innovation. N SW Legislation Review Schedule: April 2002 33 Name of legislation Agency Major restrictions Murray Valley Wines Grapes Industry Development Committee. Murray Valley Wine Grapes Industry Negotiation Committee. Comments on review1 Joint review with Victoria completed in 1999. Murray Valley Wine Grapes Ag Industry Committees (established under the Marketing of Primary Products Act 1983) Report Comments on reform availability2 Publicly The Murray Valley Wine Grapes available 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. National Parks and Wildlife NPWS 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. Approves and gives effect to an agreement between NSW, the Commonwealth and other States relating to the National Rail Corporation Ltd. Further review is not required. On 21 February 2002, National Rail Corporation and FreightCorp were sold to the National Rail Consortium Pty Ltd. During the pre-sale process, shareholders agreed to remove the restriction in section 7 of the Act, which prevented the Corporation from carrying intrastate freight. Review is not required. Section 7 was repealed in August 2000. The sale 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. National Rail Corporation (Agreement) Act 1991 Tpt Navigation Act 1901 PW 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. Non-Indigenous Animals Act 1987 Ag Review activity is at the final stage. See separate entry item for Exhibited Animals Protection Act 1986. It is anticipated that the Government will make a decision on the review’s recommendations during 2002. N SW Legislation Review Schedule: April 2002 34 Name of legislation Noxious Weeds Act 1993 Agency Major restrictions Ag Requires control of declared noxious weeds. Restricts the sale of declared noxious weeds. 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. H Comments on review1 Review completed in October 1998. The Government has been considering a range of options. It is anticipated that the Government will make a decision on the review’s final report during 2002. Report Comments on reform availability2 NSW Lotteries Act 1990 GR Review is not required. 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 are being addressed as part of the statutory five-year review of the Act. In November 2001, the Government approved the review’s recommendations and the drafting of legislation to implement those recommendations. The Government is now consulting with key stakeholders on draft legislation. Amending legislation will be introduced into Parliament during 2002. NSW has also enacted legislation allowing for advanced nurse practitioners to have limited prescribing and referring rights. Nurses Act 1991 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. N SW Legislation Review Schedule: April 2002 35 Name of legislation Nursing Homes Act 1988 Agency Major restrictions H Provides for the licensing and control of nursing homes. Comments on review1 Review activity is at final stages. The review’s final report is being prepared. Report Comments on reform availability2 It is anticipated that the Government will make a decision on the review’s recommendations during 2002-03. 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 WC 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 of competition policy issues by the Commonwealth-State review of partially regulated occupations. The Optometrists Bill 2001 was introduced into Parliament on 23 October 2001. The Bill lapsed with the proroguing of Parliament on 23 February 2002. It is anticipated that the Government will introduce an amended Bill (Optometrists Bill 2002) into Parliament in May this year. The amendments modify the process for authorising optometrists’ use of therapeutic drugs in their professional practice. The Optometrists Bill maintains the restriction on ownership of optometry practices and continues to restrict the prescription of glasses and contact lenses to optometrists and medical practitioners. Refer to the Government’s March 2002 Report to the NCC for supporting information. 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. N SW Legislation Review Schedule: April 2002 36 Name of legislation Agency Major restrictions 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. Comments on review1 Review completed. Dealt with under the Licence Reduction Program. Report Comments on reform availability2 Ozone Protection Act 1989 Env Parking Space Levy Act 1992 Tpt 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. Act retained on the basis that competition restrictions were notional only. Partnership Act 1892 AG N SW Legislation Review Schedule: April 2002 37 Name of legislation Passenger Transport Act 1990 Agency Major restrictions Tpt Regulates public transport services - buses, taxis and hire cars, and ferries. Comments on review1 Report Comments on reform availability2 Buses: Review completed in 1996-97. Publicly Buses: The Government is The review recommended amending the available undertaking a major review of the Act to require bus operators to meet a legislative framework and contracting Performance Assessment Regime (PAR) regime for buses in NSW. The PAR as condition of contract renewal. recommended by the NCP review is being reconsidered as part of this Taxis and hire cars: Review completed process to determine if it is the most in November 1999. The review appropriate way to introduce recommended deregulation of the hire contestability and meet NCP car industry. IPART identified net requirements. Implementing a PAR benefits from deregulating taxis in long based on the 1997 amendments to the run, but favoured a long transitional legislation would have created a period. Hence it recommended issue of number of practical difficulties and 5% of new licences annually from 2000limited the effectiveness of such a 2005, and further review in 2003. scheme. It is anticipated that a report from the review will be available for Ferries: NCP review is not required. the Minister’s consideration later this Refer to comments on reform relating to year. Competition policy issues and buses. reforms needed to ensure the effective provision of ferry services will be considered as part of the development of the bus reform package. The Government has 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 in January this year. It will be operational by February 2003. Taxis and hire cars: Implementation of reforms in progress. Refer to the NSW Government’s March 2002 Report to the NCC for further information. N SW Legislation Review Schedule: April 2002 38 Name of legislation Pathology Laboratories Accreditation Act 1981 Pawnbrokers and Second Hand Dealers Act 1996 Agency Major restrictions H FT Licensing. Licensing, registration, entry requirements, disciplinary processes, business conduct Comments on review1 Review completed. 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 Comments on reform availability2 Act repealed. Publicly available On 16 April 2002, the Government approved the review’s recommendations and the preparation of a draft exposure Bill. It is intended that amending legislation will be introduced into the current session of Parliament. 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. Publicly available Act repealed and replaced by the Pesticides Act 1999, in line with the review’s recommendations. Pesticides Act 1978 (Part 7) Env Petroleum (Onshore) Act 1991 MR Authority for exploration retained. Business compliance costs minimised. N SW Legislation Review Schedule: April 2002 39 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 review1 Review completed in 2000. Part of a national review of legislation governing offshore petroleum development. Report Comments on reform availability2 Publicly Given the need for NSW to mirror available national legislation, the Government is awaiting the preparation and introduction of amendments by the Commonwealth before amending its own legislation. The timetable for further action depends on the Commonwealth’s progress. 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 enables NSW to provide administrative 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. 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: April 2002 40 Name of legislation Physiotherapists Registration Act 1945 Agency Major restrictions H Pipelines Act 1967 E Report Comments on reform availability2 Entry, registration, title, practice, Review completed in March 2001. The Publicly In March 2001, the Government discipline. review recommended that available approved the review’s physiotherapists continue to be recommendations and the drafting of regulated. However, it also legislation to implement those recommended that controls on a recommendations. number of professional titles be Parliament passed the new removed, and that the whole-of-practice Physiotherapists Act 2001 in October restriction on physiotherapists be 2001, and the Act received the replaced by a restriction on the use of Governor’s assent on 11 October prescribed electro-physical appliances. 2001. Draft regulations have been The review also recommended that prepared for consultation with controls on advertising be brought in stakeholders. It is anticipated that the line with the Trade Practices Act 1974. new Act will commence on 1 July 2002. Relates to the construction, Review completed. The report operation and maintenance of concluded that the legislation does not pipelines. contain any significant anti-competitive provisions. 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. Review is at the final stage. Part of generic review of all plant and animal disease legislation. The review’s final report will be completed during 2002. Comments on review1 Plant Diseases Act 1924 Ag Podiatrists Act 1989 H Entry, registration, title, practice, Review activity is at final stages. The discipline. review’s draft final report has been completed and submitted for Government consideration. It is anticipated that the Government will consider the outcome of the review after April 2002, with amending legislation likely to be introduced into the Parliament this year. N SW Legislation Review Schedule: April 2002 41 Name of legislation Poisons and Therapeutic Goods Act 1966 Agency Major restrictions H Regulates, controls and prohibits the sale and use of poisons, restricted substances, drugs of addiction and certain dangerous drugs. 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. Prohibits supply of chickens unless under an agreement approved by the Poultry Meat Industry Committee. Comments on review1 National review completed. Final review report given to the Australian Health Ministers Conference in early 2001 and under consideration by the Australian Health Ministers Advisory Council. Review completed in December 2001. The Government’s response to the review’s final report is currently being prepared. Report Comments on reform availability2 Ports Corporatisation and Waterways Management Act 1995 PW It is anticipated that the Government’s response and any subsequent reforms will be initiated by June 2002. Poultry Meat Industry Act 1986 Ag 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. On 13 November 2001, the Government decided not to deregulate the industry. A formal response to both of the NCP review reports is being considered. In the meantime, the Poultry Meat Industry Act will be exempted from the Trade Practices Act 1974, so growers and processors are not subject to legal challenge. The amending legislation will be introduced into Parliament shortly. 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. Poultry Processing Act 1969 Ag Registration of plants in which poultry is processed for sale. Minimum standards in the slaughtering and processing of poultry. Review completed, in conjunction with the Meat Industry Act 1987. N SW Legislation Review Schedule: April 2002 42 Name of legislation Prevention of Cruelty to Animals Act 1979 Agency Major restrictions 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. Comments on review1 Review is at the final stage. It is intended that the review’s final report will be completed by June 2002. 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 completed in 1996. Report Comments on reform availability2 Prices Regulation Act 1948 FT Prickly Pear Act 1987 Private Hospitals and Day Procedures Centres Act 1988 Ag H Provides for the control and destruction of Prickly Pear. Licensing and conduct. Review completed. Review is at the final stage. An interim report was prepared during April 2002 to enable further public consultation before a final reform proposal is submitted for Government endorsement. 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. Act repealed and replaced by provisions under the Noxious Weeds Act 1993. It is anticipated that the Government will make a decision on the review’s final recommendations during 2002. Professional Standards Act AG 1994 Provides for the limitation of Review activity is at final stage. It is liability of members of anticipated that the review’s final report occupational associations in will be completed by June 2002. certain circumstances and to facilitate the improvement of the standards of services provided by those members. 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 2002. N SW Legislation Review Schedule: April 2002 43 Name of legislation Property, Stock and Business Agents Act 1941 Agency Major restrictions FT 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). Comments on review1 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. Report Comments on reform availability2 In July 2001, the Government accepted the majority of the review’s recommendations, in principle, and approved the preparation of an exposure Bill for further public consultation. The Government decided not to adopt the review’s proposal to replace the current multilicensing system with a single licence regime. The reason was that a single licensing scheme could decrease the competency of agents and erode consumer protection. Consultation on the exposure Bill has been completed. The Government will reintroduce the Bill into the current session of Parliament. Psychologists Act 1989 H 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. Publicly available In December 1999, the Government approved the review’s recommendations and the drafting of legislation to implement those recommendations. Parliament passed the new Psychologists Act 2001 in October 2001, and the Act received the Governor’s assent on 11 October 2001. Draft regulations have been prepared for discussion with stakeholders. It is anticipated that the new Act will commence on 1 July 2002. N SW Legislation Review Schedule: April 2002 44 Name of legislation Agency Major restrictions Comments on review1 Report Comments on reform availability2 Public Finance and Audit Tr Act 1983 and Public Authorities (Financial Arrangements) Regulation 1997 The Act makes provision with Review completed in 1998, as part of a respect to the administration and consultation program concerning a audit of public finances. proposal to merge five Acts into a new single statute. The review of the The Regulation makes provisions restrictions revealed that there were net with respect to certain financial public benefits supporting their arrangements and investments of retention. No further action is required public authorities; constitutes the at this stage. NSW Capital Works Financing Corporation. Regulates the funeral industry, skin penetration, microbial control and other matters. Review completed in March 2001. It is anticipated that the Government will consider the review’s final report shortly. It is anticipated that any resulting legislative reforms will be introduced into Parliament during 2002. Public Health Act 1991 H N SW Legislation Review Schedule: April 2002 45 Name of legislation Public Lotteries Act 1996 Agency Major restrictions GR 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 review1 The Act was not listed for NCP review as part of the Government’s 1996 legislation review schedule. NCP principles are being addressed as part of the statutory five-year review of the Act. Review completed. Report Comments on reform availability2 Public Notaries Act 1985 AG 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 PWS (Goods and Services) Regulation 1995 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. N SW Legislation Review Schedule: April 2002 46 Name of legislation Public Trustee Act 1913 Agency Major restrictions AG Comments on review1 Constitutes a Public Trustee and Review completed. prescribes the powers and duties of the Public Trustee and duties. Report Comments on reform availability2 The NSW Parliament rejected amending legislation. Other measures to implement the review's recommendations are not considered viable. The Government accepted the review’s recommendations on 3 December 2001. In relation to corporate bookmakers, the Government has drafted amending legislation to be introduced into the current session of Parliament. 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, has been abolished. 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 March 2002, the Government approved amendments to the Act to implement the recommendations of the national NCP review. Amending legislation is currently being drafted for introduction into the current session of Parliament. Racing Administration Act 1998 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. 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 public interest grounds of harm minimisation, and ensuring probity, with the exception of a relaxation in arrangements regarding corporate bookmakers. Radiation Control Act 1990 Env and Radiation Control Regulation 1993 Makes provision for the Initially dealt with under the Licence Publicly regulation and control of the sale, Reduction Program. The legislation has available use, keeping and disposal of also been considered in the context of radioactive substances and the national NCP review of radiation radiation apparatus. control legislation. N SW Legislation Review Schedule: April 2002 47 Name of legislation Rail Safety Act 1993 Agency Major restrictions Tpt Potential for restraint on competition in pursuit of safe construction, operation and maintenance of railways. Comments on review1 Statutory review completed in 1999. Development of the rail safety reform package included consideration of NCP principles. Report Comments on reform availability2 In November 2001, the Government announced significant rail safety reforms in response to the Special Commission of Inquiry into the Glenbrook rail accident. A package of amendments will be introduced into the current session of Parliament. Reforms include the establishment of a Rail Safety Regulator within the Department of Transport, which has responsibility for safety regulation. The Rail Safety Regulator will use the powers and functions under the Rail Safety Act to accredit, audit, inspect, enforce compliance and investigate rail organisations in respect of their safety performance, and to report publicly. In addition, an independent Rail Accident Investigation Panel will be established to investigate more serious accidents and incidents. Refer to the Government’s March 2002 Report to the NCC for further information. Recreation Vehicles Act 1983 Env Regulates the off-road use of motor vehicles. Review is not required. 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: April 2002 48 Name of legislation Residential Tenancies Act 1987 Agency Major restrictions FT Report Comments on reform availability2 Relates to the rights and Review completed in June 2000, in It is anticipated that the Government obligations of landlords and conjunction with the Landlord and will make a decision on the review’s tenants under residential tenancy Tenant (Rental Bonds) Act 1977. The recommendations shortly, with agreements; makes provision Government is presently considering the amending legislation later in 2002. with respect to excessive rent review’s final report and 121 In the interim, the Residential increases and rents; confers recommendations. Tenancies Tribunal has been absorbed functions onto the Residential into a new Consumer, Trader and Tenancies Tribunal of NSW with Tenancy Tribunal. 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. Review completed. Act to be retained with amendment to indicate that it is subject to TPA and Competition Policy Reform (NSW) Act 1995. Comments on review1 Restraints of Trade Act 1976 AG Retail Leases Act 1994 SD Combined NCP-statutory review in progress. It is intended that the review’s final report will be completed by June 2002. Review completed in December 1998. The review recommended measures to address industry practices identified as unfair and inequitable. Publicly available It is anticipated that the Government will make a decision on the reviews recommendations during 2002-2003. 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: April 2002 49 Name of legislation Rice Marketing Board (established under the Marketing of Primary Products Act 1983) Agency Major restrictions Ag Report Comments on reform availability2 Confers a monopoly over the Review completed in December 1995. Publicly In April 1999, the Government domestic and export marketing of The review demonstrated that while the available advised the C’W that it agreed in rice grown in NSW on the Rice current regulated regime generated a principle to remove domestic vesting Marketing Board (RMB). The net public cost in domestic markets, this arrangements, conditional on it being RMB, under an exclusive licensing was outweighed by the net public demonstrated that all relevant issues arrangement, delegates its benefit in the regulation of exported have been properly resolved, and in marketing functions to the product. particular that: Ricegrower's Co-operative the proposed C’W single desk rice Limited (RCL). The review recommended removing the export arrangements are feasible RMB's monopoly over domestic and practical, and do not put marketing, but retaining the export export premiums under any risk; monopoly. It proposed this be achieved industry views are taken into by repealing the State-based account on the need for a arrangements whereby the entire NSW transition period before the start crop 'vests' with the RMB and of proposed arrangements, and on establishing an export monopoly under the length of the initial period for Commonwealth jurisdiction. 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 relevant reforms to State legislation. In March 2002, the Premier wrote to the C’W Treasurer seeking advice on progress of the Commonwealth’s consultation with other jurisdictions on the proposed model. Comments on review1 N SW Legislation Review Schedule: April 2002 50 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 review1 Review completed in August 2001. It is anticipated that the Government will consider the review’s final report shortly. Report Comments on reform availability2 Rural Assistance Act 1989 Ag Constitutes the NSW Rural Review completed in February 1999. Assistance Authority. The Review The review recommended: Group considered the Protection Orders provision to be a public benefit provisions should be potentially significant competition included in the Act to apply to restriction. existing and new programs; programs to include objectives that clearly target defined market failure(s); and provisions relating to the Protection Orders be repealed. Publicly available 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 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. 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 by June 2003. N SW Legislation Review Schedule: April 2002 51 Name of legislation Rural Workers Accommodation Act 1969 Agency Major restrictions IR Report Comments on reform availability2 Provides for the accommodation Review completed in 2001. The review It is anticipated that public of rural workers and constitutes has been completed as part of the RIS consultation and proposals for the the Rural Workers for the Occupational Health and Safety future of the Act will be finalised by 30 Accommodation Advisory Council. Regulation 2001. June 2002. Creates certificate of compliance for accommodation. The review of the Act has also been affected by the process of finalising the new Occupational Health and Safety Act and Regulation, which contain workplace accommodation and amenities provisions. Licensing (providers of security or Review is not required. protection for persons or property) and regulation. 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 public interest 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. Comments on review1 Security (Protection) Industry Act 1985 Po N SW Legislation Review Schedule: April 2002 52 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. Authorises the execution of guarantees for the repayment of loans made to certain small businesses. Comments on review1 Review is at the final stage. The review’s final report has been prepared, however it will not be finalised until the Government has made a decision on the NCP review of the Noxious Weeds Act 1993. Review is at the final stage. The Act is being reviewed in conjunction with the State Development and Industries Assistance Act 1966. It is anticipated that the review’s final report will be completed by June 2002. 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 anti competitive issues. Review is at the final stage. The Act is being reviewed in conjunction with the Small Business Loans Guarantee Act 1977. It is anticipated that the review’s final report will be completed by June 2002. Report Comments on reform availability2 It is intended that the Government will make a decision on the review’s recommendations this year. Small Business Loans Guarantee Act 1977 SD It is anticipated that the Government will make a decision on the review’s recommendations during 2002. 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. Act repealed. 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. Restricts who may carry out or supervise an artificial breeding procedure. Requires licensing of artificial breeding premises. Imposes mandatory standards on licensed premises. Stock (Artificial Breeding) Act 1985 Ag Review completed, in conjunction with the Veterinary Surgeons Act 1986. The Government is currently considering the review’s final report. N SW Legislation Review Schedule: April 2002 53 Name of legislation Agency Major restrictions Imposes restrictions on chemically affected stock (for example on sale, movement and destruction). Comments on review1 Review completed in 1999. Part of a generic review of chemical residue legislation. Stock (Chemical Residues) Ag Act 1975 Report Comments on reform availability2 Publicly In April 2002, the Government available 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. There are no outstanding NCP issues. N SW Legislation Review Schedule: April 2002 54 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 review1 Review is at the final stage. Part of a generic review of all plant and animal disease legislation. The review’s final report will be completed during 2002. Report Comments on reform availability2 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. Publicly available Subject to reform. See Stock (Chemical Residues) Act 1975. Stock Medicines Act 1989 Ag Unregistered chemicals not to be Review completed in 1999. Part of a held or used on food-producing generic review of chemical residue stock unless prescribed by a legislation. veterinary surgeon. Minimum qualifications and experience for analysts. Restricts advertising. Provides for the management of Review completed in March 2002. The strata schemes and the resolution Government is currently considering the of disputes in connection with review’s final report. strata schemes. As above. Review is not required. Publicly available Subject to reform. See Stock (Chemical Residues) Act 1975. Strata Schemes Management Act 1996 FT It is anticipated that the Government will make a decision on the review’s recommendations shortly. 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 Titles Act 1973 FT N SW Legislation Review Schedule: April 2002 55 Name of legislation Strata Titles (Leasehold Development) Act 1986 Agency Major restrictions IT Provides for the registration of strata plans. Comments on review1 Review is not required. Report Comments on reform availability2 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. In October 2001, the Government supported the review’s recommendations in-principle and further public consultation. It is anticipated that a final legislative reform proposal will be submitted for Government consideration shortly, with amending legislation introduced into Parliament later this year. 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. Surveyors Act 1929 IT Licensing, registration, entry requirements (qualification, exam, two years experience, aged at least 21 years, good fame and character), the reservation of title and practice, disciplinary processes, business conduct (regulating the making of surveys 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. Review completed in August 2001. The Publicly review made 11 NCP-related available recommendations, including the retention of a system of registration of surveyors. The review also recommended the objectives of the Act be rewritten and consideration be given to deregulating restrictions on the naming and ownership of surveying firms and advertising. Review activity is at the final stage. Part of a generic review of all plant and animal disease legislation. The review’s final report will be completed during 2002. Swine Compensation Act 1928 Ag N SW Legislation Review Schedule: April 2002 56 Name of legislation Sydney Market Authority Act 1968 Agency Major restrictions Ag 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. Comments on review1 Review is not required. Report Comments on reform availability2 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. Act repealed. 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. Regulates the manufacture, distribution and advertising of certain therapeutic goods and imposes standards in relation to certain therapeutic goods and cosmetics. Review completed. Therapeutic Goods and Cosmetics 1972 H 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. N SW Legislation Review Schedule: April 2002 57 Name of legislation Thoroughbred Racing Board Act 1996 Agency Major restrictions GR Establishes the controlling body for thoroughbred racing. 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. Comments on review1 Report Comments on reform availability2 Review completed in 2001. Part of Publicly See Racing Administration Act 1998. review of racing and betting legislation. available Tobacco Advertising Prohibition Act 1991 H Review completed. 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. Act repealed and replaced by Totalizator Act 1997, privatising the TAB. N SW Legislation Review Schedule: April 2002 58 Name of legislation Totalizator Act 1916 Agency Major restrictions GR Comments on review1 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 grants NSWTAB an exclusive investment licence to provide gaming machines to hotels and clubs. Report Comments on reform availability2 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. Refer to the Government’s March 2002 Report to the NCC for further information. N SW Legislation Review Schedule: April 2002 59 Name of legislation Tow Truck Act 1989 Agency Major restrictions Tpt Comments on review1 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. Report Comments on reform availability2 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. N SW Legislation Review Schedule: April 2002 60 Name of legislation Tow Truck Act 1998 Agency Major restrictions Tpt Comments on review1 Report Comments on reform availability2 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 has commenced. The NCC sought a commitment from NSW regarding the actual commencement date. Work has commenced with the Department of Transport beginning research to facilitate the review process. Ministerial approval has been sought for the review’s terms of reference and establishment of the review’s steering committee. As advised in the Government’s March Report to the NCC, the review’s terms of reference will include an evaluation of the Job Allocation Scheme 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. Trade Measurement Act 1989 FT Relates to trade measurement in National review is underway. NSW as part of the scheme for Queensland is leading the national uniform trade measurement process. legislation throughout Australia. NSW anticipates that the review will be completed by June 2002, with any appropriate legislative reform in 2003. Provides for the regulation of vehicles and of vehicular and pedestrian traffic. Review completed. Act repealed. Traffic Act 1909 R N SW Legislation Review Schedule: April 2002 61 Name of legislation Travel Agents Act 1986 Agency Major restrictions FT Licensing, compulsory consumer compensation fund, business restrictions. Comments on review1 Report Comments on reform availability2 National review completed in 2000. Publicly NSW anticipates that appropriate Western Australia is leading the national available reforms will be completed during process. 2002-2003. The review recommended that entry qualifications for travel agents be removed and maintain compulsory insurance, but recommended the requirement for agents to hold membership of the Travel Compensation Fund, the compulsory insurance scheme, be dropped. Instead, a competitive insurance system where private insurers compete with the Travel Compensation Fund was viewed as the best option. Trustee Companies Act 1964 AG 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 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 certain land as unhealthy building Licence Reduction Program. land and for the effect of such a declaration. N SW Legislation Review Schedule: April 2002 62 Name of legislation Valuers Registration Act 1975 Agency Major restrictions FT Report Comments on reform availability2 For real estate valuers: licensing, Review completed in 2000. The review Publicly In April 2000, the Government registration, entry requirements recommended a negative licensing available accepted the review’s (education, supervised training, scheme to replace the current recommendations in-principle, and good character), disciplinary registration scheme. The proposed approved the preparation of an processes, the reservation of scheme would involve core legislation exposure Bill for further public practice. It also confers functions that provides for qualification and consultation during 2000-01. on the Property Services Council. practice requirements, and disciplinary Additional information has action. Continuing professional subsequently been prepared on the development and professional indemnity public benefits and costs of alternative insurance would not be a compulsory regulatory options. pre-condition to carry on business as a It is intended that a final reform valuer. proposal will be submitted for Government endorsement shortly. It is anticipated that amending legislation will be introduced into Parliament during 2002. Licensing of veterinary surgeons and hospitals, reservation of practices, reservation of title, advertising restrictions, and controls on business names. Review completed in December 1998, in conjunction with the Stock (Artificial Breeding) Act 1985. The Government has been undertaking thorough public consultation on a range of competition issues and wider regulatory reform options. A less restrictive regulatory model was submitted for Government consideration in April 2002. It is intended that this matter will be addressed in the current session of Parliament. Comments on review1 Veterinary Surgeons Act 1986 Ag N SW Legislation Review Schedule: April 2002 63 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: Comments on review1 Review is not required. Report Comments on reform availability2 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 recommended legislative amendments 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 the powers of regional waste incentive for finding alternatives to boards to direct councils' waste disposal. 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. In June 2001, 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. N SW Legislation Review Schedule: April 2002 64 Name of legislation Agency Major restrictions Imports Commonwealth Act into State jurisdiction. Comments on review1 Review is not required. Wheat Marketing Act 1989 Ag White Phosphorous Matches Prohibition Act 1915 IR Report Comments on reform availability2 Act repealed under the State Law Revision Program. Act repealed. 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 review recommended that the Act should be repealed. The Government considered the review’s recommendations concurrently with the findings of the Pastoral and Agricultural Crime Working Party, completed in late 2000. Review completed in 1997-98. The review recommended removing the monopoly insurer in favour of competitive underwriting. Wool, Hides and Skins Dealers Act 1935 Po In October 2001, the Government decided to retain the Act as part of a package of rural crime measures. A public benefit assessment is being developed to support the Act’s retention. It is anticipated that this assessment will be completed by June 2002. 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 WC 1987 Mandatory insurance and centralised premium. 1 2 Information on NCP review recommendations has been provided where the Government has made a decision on the review’s report. A number of review reports are due to be released later this year. N SW Legislation Review Schedule: April 2002 65