Name of legislation Abattoirs and Slaughtering Act and Regulations Adoption of Children Act Agency Major restrictions DBIRD Establishes licensing regime and standards for premises - slaughter of buffalo (Regulation 7), abattoir licence (Regulation 5). DH&CS Governs the adoption of children within the Northern Territory. It restricts market entry by limiting the organisation and approval of adoptions to the Minister or persons approved by the Minister (s.74) DIPE The principal catalyst for introduction of the legislation was the emerging importance of Connellan Airport at Yulara as a major transportation hub for tourists and others visiting Uluru and the far south-west region of the NT. The purpose of the Act was to provide authority for declaration of any place to be an aerodrome, and for appointment of a Director of Aerodromes. In practice, no elements of the Act have reduced competition, if for no other reason than that the powers of the Act have apparently never been invoked. Licensing (real estate agents, agent's representative, conveyancing agent), registration, entry requirements (fit and proper person, aged at least 18 years, education or experience, competency), the reservation of practice, disciplinary processes, business conduct (maintenance of office in NT, professional indemnity insurance, fidelity fund, trust monies). Comments on review Review completed in 1997. Report Comments on reform availability No Act repealed and replaced by Meat informatio Industries Act 1996. n Not publicly available No reform required. Internal review by the Department completed in 2001. Review found all restrictions to provide a net public benefit. An independent consultant conducted the review of this Act. The report on the review of this Act was submitted to DIPE in late October 2001. Aerodromes Act Publicly available The review recommended the Act be repealed. Government endorsed the review’s recommendation in March 2002. A Repeal Bill is currently being drafted. Agent's Licensing Act DOJ Review completed in November 2000. Recommended changes to entry requirements, the reservation of practice, and business conduct. Not publicly available confidenti al copy Government approved most recommendations. Does not support investigating tendering out sole rights to deliver realty education. Wider non-NCP specific review to occur. Name of legislation Agricultural and Veterinary Chemicals (NT) Act Agency Major restrictions DBIRD Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). DIPE Registration, entry requirements, reservation of title, disciplinary processes. Comments on review National review completed in 1999 (see the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). National review conducted by the PC completed in August 2000 (publicly released November 2000). (Previously completed NT review put on hold.) A States and Territories working group (IGWG) has developed a national response to the PC review. Semi-public review underway. Report Comments on reform availability Publicly See the Commonwealth available Agricultural and Veterinary Chemicals Code Act 1994. Architects Act IGWG review publicly available. NT review not yet available. Final response in accordance with IGWG response to PC review being prepared after consultation with industry. Auctioneer's Act DOJ Building Act Building Societies Act Licensing, entry requirements (aged over 18 years, good character, fit and proper person), the reservation of practice, business conduct (maintenance of records for at least 12 months, auctions between 8am and 11pm). DIPE Licensing and provision for establishment of building technical standards, registration of building practitioners and certifiers, regulation of building matters (including the registration of building products), the granting of permits, the establishment of appeals processes. DBIRD Licensing. Technically focused public review undertaken. Public consultation phase and consultant report completed in October 1999. NCP review outcomes to be incorporated in general review of Act now underway. Review completed in 1997. No report Repealed May 1998. Building Societies currently registered under Financial Sector Reform (NT) Act as part of a national legislative scheme. Government accepted review findings. Business Franchise Act NTT Licence to sell tobacco or petroleum products (s14). Targeted review completed in 1998. Licensing and registration requirements are not considered to restrict competition. Name of legislation Cancer Registration Act Agency Major restrictions DH&CS Notification provisions. Comments on review Caravan Parks Act Internal review completed in December 2000. Costs on business found not to be of such a magnitude as to materially restrict competition. DCDS& Regulates caravan parks. Only applies Internal review completed in July CA to some parts of the Territory. May 2000. Public notices of the review create anti-competitive effects were also placed in Territory between controlled and uncontrolled newspapers. The review found the Act areas. has been applied in a non-uniform manner. In 1975 a Ministerial declaration allowed under section 2 limited the Act's application to within 26km of the Darwin GPO. About 20% of all caravan parks in the Territory are located in this area, and the restrictions found in the Act are therefore imposed in an uncompetitive manner. This limited application is indicative of the Act being generally outdated. Many provisions have been duplicated in other legislation, while other aspects of caravan service regulation are currently dealt with through convention and measures such as a service accreditation program. New legislation, to be applied uniformly, has been suggested to reflect current issues in service provision with corresponding regulations on industry practice. Review recommended the Act be repealed, and relevant parties be involved in preparing new legislation. Report Comments on reform availability Not No reform required. publicly available The Territory Government accepted the review's recommendation. A repeal Act was passed by the Legislative Assembly in November 2000. The repeal is expected to take effect before June 2002. Name of legislation Cemeteries Act Agency Major restrictions DCDS& Provides for the establishment, CA maintenance and control of cemeteries. Comments on review Report availability Review completed in August 2000 by No the Department of Local Government, informatio with independent steering committee. n Comments on reform New legislation passed in November 2000, providing for individuals to be eligible for one-off undertaking licences and persons other than Councils eligible to erect a crematorium. Government approved the recommendations of the review in 2000. Classification of Publications, DOJ Films and Computer Games Act The Act is part of a national scheme which provides for the classification of films, videos, computer games and publications. It contains provisions which regulate the sale of such materials. Additionally, it contains a prohibition concerning the manufacture of 'X' style videos in the NT. Departmental review completed in April 2000. Comments were sought from State and Territory Government agencies. A full public review was not considered necessary because: · the Act is mainly comprised of offences created to reflect government policy positions on issues of morality; · there is no evidence that these policy positions are under any challenge; · of the various regulatory options, the one in the Act is of the lightest kind. That is, there is no licensing or registration scheme and there is no payment of any fees required for activities in the NT; and · to the extent that the Act supports some heavy regulation (namely the requirement for the classification, on payment of a fee, of most videos, films and computer games and of some publications) the regulation is, for most practical purposes, national. The review found that the anticompetitive provisions can be justified as being in the public benefit and that there is no need to amend the Act. Name of legislation Commercial and Private Agents Licensing Act Agency Major restrictions DBIRD Licensing (commercial agents, process servers, inquiry agents, private bailiffs), registration, entry requirements (age over 18 years, resident of the Territory, fit and proper, not found guilty of offence that warrants refusal of licence, any person may object to issuing of licence), the reservation of practice, disciplinary processes, business conduct (provide bond, trust account, prescribed records, local (but not interstate) licensed agent must have a nominee and branch manager resident in the NT), business licensing. Comments on review Commercial Passenger (Road) Transport Act DIPE Limitations on number of taxi and hire car licences. Community Welfare Act DH&CS Provides for the protection and welfare of children. Licensing of childcare centres (Div 2). Report Comments on reform availability Review completed in November 1999. Government approved Recommended: retaining exemption recommendations, and enacted from positive licensing all persons of legislation in 2000 to transfer the particular occupations who perform licensing from the local court to the agent roles incidental to their Commissioner for Consumer Affairs occupation (but introducing negative and to introduce fixed three-year licensing); continuing licensing of licences in lieu of indefinite employees and sub-agents; issuing licences. Legislation awaits licenses for a fixed period (a commencement. suggested two years); transferring responsibility for licensing to the Industries and Business portfolio; making various changes to business conduct requirements (requirement to issue receipts, change to trust account arrangements; consideration of issue of bonds and indemnity insurance in late 2000); and undertaking a further review to implement best practice licensing processes. Review completed in June 1998. It Not Competition issues addressed in recommended deregulation of entry, publicly the Commercial Passenger (Road) with buyback of existing licences at available - Transport Amendment Act 1998, full market value, to be funded by no copy which commenced January 1999. substantial licence fees over several Only residual issue is maximum years. fare regulation. Targeted review completed in 2000. Publicly The previous Government noted The review concluded that in general, available the NCP review's conclusion that the public benefits of the competitively the restrictions are in the public restrictive features of the Act exceed interest. The current Government their public cost by a large margin, is yet to consider the review’s and that they should therefore be recommendations regarding retained. alternative methods for achieving the objectives of the Act (relating to voluntary care). Name of legislation Agency Major restrictions Consumer Affairs and Fair DOJ Trading Act (NT Regulations) and Amendment Act 1996 Part 1 of 3 Report Comments on reform availability Licensing and business conduct Review by the Centre for International Publicly In November 2000, the restrictions for pawnbrokers and Economics (CIE) completed in 2000. available Government approved the review second hand dealers, motor vehicle Review recommended the retention of recommendations except in dealers, door-to-door sales and credit restrictions relating to product safety relation to Part 8 (fair reporting). providers provisions. Code of practice and product information and door-toThis was not supported as Part 8 for tow truck operators. door trading and the code of practice entitles NT residents to wider for tow truck operators. It information that may be held about recommended pro-competitive change them other than just credit to fair reporting and credit provider information. There are negligible provisions. Recommended that Part 8 costs to business in providing the (fair reporting) be repealed, but that information or access to the repeal be deferred until a report on information. It was considered the the databases is received and the incremental benefits outweigh the implications are determined. Motor additional costs of providing access vehicle dealers: recommended to non-credit related information. removing requirements for licensee to submit annual financial returns; The Government did not accept removing requirements for approval of recommendation to remove dealer managers; removing power to requirements for the approval of require banker's guarantee; and motor vehicle dealer managers. formalising the financial test applied The Government considers the for new licences. costs are low, while the potential costs to consumers associated with not having a designated responsible person on site could be significant. Also licensing of motor vehicle dealer managers allows for the screening of motor vehicle dealers and helps provide confidence to consumers that the person is reputable. Comments on review Name of legislation Agency Major restrictions Part of legislation relating to travel agent's licence. Licensing and compulsory consumer compensation fund. Comments on review National review is underway (coordinated by WA). A review report by CIE was released in 2000. Public consultation involved release of issues paper, background paper, consultation and receiving submissions. 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. Public comments on the final report are to be considered by the Ministerial Council for Consumer Affairs. Review underway. Issues paper released June 2000. National review underway. Consumer Affairs and Fair DOJ Trading Act (NT Regulations) and Amendment Act 1996 Part 2 of 3 Report Comments on reform availability Publicly available Consumer Affairs and Fair DOJ Trading Act (NT Regulations) and Amendment Act 1996 Part 3 of 3 Consumer Credit (Northern DOJ Territory) Act Control of Roads Act DIPE Sundry fair play provisions regarding the regulation of advertising, banning of potentially unsafe goods etc. This Act essentially deals with technical standards associated with the control of roads. A major review to modernise this Act is to take place in the near future. A NCP review will be completed for the Not as yet Nil Bill after it has been drafted. Name of legislation Dangerous Goods Act and Regulations Agency Major restrictions DEET Sets requirements for the transport, storage and handling of dangerous goods. Business licences to manufacture, store, convey, sell, import or possess prescribed dangerous goods (s 15 - 21). Operators' licences for: drivers of dangerous goods vehicles (Regulation 56); shotfirers (Regulation 132); gas fitters (Regulation 172); and autogas fitters (Regulation 202). Establishes the Darwin Port Authority. Prescribes functions and powers: monopoly powers; licensing arrangements and fees; issue, renewal and cancellation of stevedoring licences; controls shipping movements in port; exemption from local government charges; harbour craft by-laws; vessels engaged in commercial activities (safety issue); exemptions from pilotage requirements; partial exemption from the Corporations Law. Changes the name of the Darwin Port Authority to the Darwin Port Corporation. Comments on review Report Comments on reform availability Implements national road reforms on the transport of dangerous goods and changes other dangerous goods legislation. Act repealed and new Dangerous Goods Act assented to 30 March 1998. Draft regulations being prepared. These may contain competition restrictions and will be subject to NCP process if they do. Legislation replaced by the Darwin Port Corporation Act. See Darwin Port Corporation Act. Darwin Port Authority Act DPC Independent review undertaken in 1997 and 1998, with subsequent further consultation. Review completed in 2001. Darwin Port Authority Amendment Act DPC Independent review undertaken in 1997 and 1998, with subsequent further consultation. Review completed in 2001. See Darwin Port Corporation Act. Name of legislation Darwin Port Corporation Act Agency Major restrictions DPC Establishes the Darwin Port Corporation (name changed from the Darwin Port Authority by the Darwin Port Authority Amendment Act). Partial exemption from the Corporations Law. Comments on review Independent review undertaken in 1997 and 1998, with subsequent further consultation. Review completed in 2001. Report Comments on reform availability The Government accepted most of the review recommendations. Recommendation to remove licensing of stevedores not accepted (the Government considered licensing to be the most cost effective way of monitoring environmental and health and safety standards at Darwin Port). The Corporation's exemption from local government rates and charges to be removed (competitive neutrality). Government considering reforming the Corporation's partial exemption from the Corporations Law as part of government business reform process, with changes to be introduced in June 2002 (competitive neutrality). Omnibus health practitioner bill being drafted to replace this and other Acts. Dental Act DH&CS Entry, registration, title, practice, discipline, advertising, ownership. Education Act DEET Provides for registration of nongovernment schools. Full review by CIE completed in May 2000. Recommendations include registering all paraprofessionals, amending practice restrictions and removing ownership restrictions. Assessment found Act does not contain unjustified restrictions on competition. Not for full NCP review. Publicly available Name of legislation Electrical Workers and Contractors Act Agency Major restrictions DEET Comments on review Electricity Act and Regulations PAWA Licensing, registration, entry Review by CIE completed in October requirements (qualifications, 2000. Consultation involved public experience, fit and proper), the release of issues paper, consultation reservation of practice (electrical work with stakeholders and submissions. unless extra low voltage). Recommendations included that licensing should be maintained, but also that other means of signalling competence should be afforded comparable status, the board should consider removing additional experience requirements for contractors, the fit and proper person test should be amended to signal the criteria against which it is assessed, and exemptions to licensing requirements to the Power and Water Authority should be removed. Recommended more general review of Act. Regulates the generation and safe use Review of Electricity Act and of electricity, and the reselling of Regulations conducted as part of the electricity (s 14(5)); Part IV (TPA) review of PAWA. This review was conflicts. Sale and resale is prohibited conducted by Merrill Lynch and Fay without license (s 27); affects Richwhite. Department also reviewed competition, restricts entry. Prohibits the proposed regulatory framework, certain uses of electricity (s 29); Part draft regulatory principles and draft IV (TPA) concerns. Price fixing in determinations on regulated charges relation to licensee (s 30); Part IV issued by the NT Utilities Commission. (TPA) concerns and possibly reduces contestability. Liability limitation (s 32); possible competitive neutrality. Act binds the Crown (s 38). Regulation making powers (s 39). Report availability Not publicly available confidenti al copy Comments on reform Government approved review recommendations in November 2000. The necessary amendments are to be made following a review of the administrative structures supporting the Act. Not The Government introduced a publicly package of legislative change to available - implement reform. The package no copy included the repeal of the Electricity Act and its replacement with the Electricity Reform Act, amendments to the Power and Water Authority Act and the introduction of the Electricity Networks (Third Party Access) Act and the Utilities Commission Act. These changes were introduced in March 2000. Name of legislation Energy Pipelines Act Agency Major restrictions Energy Resource Consumption Levy Act Financial Institutions Duty Act Financial Management Act Report Comments on reform availability DBIRD Establishes regulatory framework for Review completed. Review found anti- No report No reform planned. construction, operation, and competitive provisions in Act were maintenance of energy pipelines in justified in public interest. Impact of NT. restrictions considered to be low. Potential public safety and environmental benefits derived from regulating construction and operation of energy pipelines likely to exceed direct enforcement, industry compliance, and broader economic costs. Approaches such as negative licensing, co-regulation, and selfregulation rejected as unlikely to achieve objective of Act more efficiently than existing legislative framework. NTT Requires bulk consumers of oil Review completed in 1998. Review Government accepted review (consuming more than 830 000 litres found the registration requirement findings. per month) to register with was designed to facilitate collection of Commissioner of Taxation (s7). levy monies and does not restrict competition. NTT Licensing. Targeted review completed in 1998. No No change required. The review found that the registration informatio and certification requirements were n legitimate administrative arrangements for revenue collection and did not represent significant barriers to market entry. NTT Government account to be held at a Review of s29(2) completed in 1998. No Anti-competitive effect of section bank, requirements for determining The review found that the investment informatio 27 removed by Financial suitable financial institutions and guidelines are comparable to those of n Institutions (Miscellaneous instruments for investing Government any financial institution, and that the Amendments) Act 1997. No reform funds. benefits arising from the required for s29(2). accountability of Government investment outweigh the costs associated with the guidelines. Comments on review Name of legislation Firearms Act Agency Major restrictions PFES Armourer's licence (s 20), Dealers licence (s 17), Shooter's licence for security firms (s 28/29), and Shooting gallery licence (s 31). DBIRD Licensing of fishers. Input controls on vessels, gear, fishing methods and landings. Output controls such as total allowable catches, size and bag limits, and prohibitions on taking certain species. DH&CS Standards for the preparation and sale of food etc. Registration of a food vending machine (s 13 (6) & 13 (7)). Various food safety offences. NTT Provides for the regulation and control of gaming. Licensing, exclusivity arrangements for casinos, market behaviour, permits, operational restrictions. NTT Provides for the licensing of gaming machines in community venues establishes limits and controls on numbers of machines and locations. DBIRD Granted to the Grain Marketing Board a monopoly over domestic and export marketing of all barley and coarse grains grown in the Territory. DPC By-laws that cover mooring and signals, small craft and pleasure craft safety provisions, vessels engaged in commercial activities. Comments on review Preliminary analysis indicated that restrictions were overwhelming in the public interest and hence no change recommended. Review completed. Recommendations are being progressed for Government consideration. Report Comments on reform availability Government accepted findings. Fisheries Act 1996 and Regulations Food Act National review completed in 2000 (see the NSW Food Act 1989). Public review being conducted. Issues paper prepared and released for public comment in April 2002. Legislation being subject to full public review. Issues paper prepared and released for public comment in April 2002. Review completed in 1997, recommending repeal of the Act. Publicly available All Australian governments agreed in November 2000 to adopt core provisions of the Model Food Bill by November 2001. Gaming Control Act and Regulations Gaming Machine Act 1995 Grain Marketing Act 1983 Harbour Craft By-laws Independent review undertaken in 1997 and 1998, with subsequent further consultation. Review completed in 2001. Act repealed in February 1997 resulting in the dissolution of the Grain Marketing Board. There are no remaining legislative controls over grain marketing in the NT. Part XI covering vessels engaged in commercial activities to be repealed as marine safety is provided for in the Marine Act. Note: The remaining Harbour Craft By-laws are to be repealed as they will be replaced by the Marine (small craft and pleasure craft) Regulations. Name of legislation Hawkers Act Agency Major restrictions DCDS& Licensing, business conduct. CA Comments on review Health Practitioners and Allied Professionals Registration Act DH&CS Registration as: Aboriginal Health Worker (s 24); Chiropractor (s 35); Occupational Therapist (s 38); Osteopath (s 39); Physiotherapist (s 40); and Psychologist (s 41). Entry, registration, title, practice, discipline. Hospital Management Boards DH&CS No restrictions identified by review. Act Report availability Stakeholder focused review completed Not in August 2000. The review found publicly licensing requirements, exemption available provisions and restrictions on hawking no copy on Crown land were anticompetitive, although necessary to protect the public in terms of proper commercial dealings and annoyance. However, it also found that the objectives of the legislation could be pursued through other legislation. The review recommended repealing the legislation, pending consideration of other legislative means for regulating hawking offences. Review completed in May 2000. Publicly Recommendations include retaining available title restriction and removing generic practice restrictions. Review completed in May 2000. Not Publicly available Comments on reform Government accepted recommendations in September 2000. Bill to repeal passed in November 2000 (to be brought into effect before June 2002). Omnibus Bill being prepared to replace this and other health practitioner Acts. No reform required. Name of legislation Housing Act Agency Major restrictions DCDS& The Housing Act and Regulations CA establish the legislative basis for the provision of public housing and housing assistance schemes in the Territory. Comments on review Internal review, with independent oversight provided by a steering committee comprised of Department of the Chief Minister, NT Treasury and Attorney General's Department officials, completed. Report Comments on reform availability The Government endorsed the review outcome in October 2000. The review found that the provisions of the Act that represent potential restrictions on competition are justified on social welfare and equity grounds. The review also considered alternative regulatory approaches such as outsourcing and the direct subsidisation of landlords. However, it was considered that these alternatives were unlikely to achieve the objectives of the Act in a more efficient manner than the current arrangements and therefore the review recommended no change to the legislation. Human Tissue Transplant Act DH&CS Prohibits trading in human tissue. An internal review completed in Not December 2000 found the Act to be publicly compliant with NCP principles. available Kava Management Act NTT Regulates the cultivation, production Public consultation processes complete and consumption of Kava in the and final review report currently being Northern Territory. prepared. Legal Practitioners DOJ Legislation to consolidate and amend Review underway, due to be (Incorporation) Act the law relating to the incorporation of completed in December 2001. legal practices. No reform required Name of legislation Legal Practitioners Act Agency Major restrictions DOJ Licensing, registration, entry requirements, disciplinary processes, reservation of title and practice, disciplinary processes, business conduct (including monopoly professional indemnity insurance and advertising). Comments on review Public review underway. Review will also deal with the Legal Practitioners (Incorporation) Act, which imposes restrictions on who can own and control companies that provide legal services. Issues paper released in September 2000. Review due to be completed in December 2001. Review completed in October 1999. Review concluded that potentially anticompetitive provisions could be justified under the CPA. Report Comments on reform availability Licensed Surveyors Act DIPE Liquor Act Local Government Act, Regulations and By-Laws Licensing, registration, entry requirements (education, experience, possibly exams, fit and proper), the reservation of title and practice, disciplinary processes, business conduct (including practice standards), business licensing. NTT Establishes the regulatory framework for the sale of alcohol in the Northern Territory. Licensing conditions include restrictions on market entry, business conduct and type and location of liquor outlets. DCDS& Provides for the constitution of CA municipalities and community government areas, the election of selfgoverning authorities to control municipalities and community government areas and provides for a similarity of power and function between self-governing authorities. Not Government endorsed review publicly outcomes in February 2000. available confidenti al copy Public review conducted. Draft review report being considered by steering committee prior being submitted to Government. Internal review by the Department of No Review recommendations accepted Local Government completed in informatio by Government and Act retained September 2000. Stakeholder n without change. comment invited and terms of reference consistent with NCP guidelines. Restrictions identified as anti-competitive were justified against public interest criteria. Name of legislation Marine Act and Regulations Agency Major restrictions DIPE Marine Pollution Act DIPE Report Comments on reform availability Applies national uniform shipping Law Targeted review completed in January Publicly Government accepted the review Codes. Licensing of certain commercial 2001. The review found that the available recommendations in April 2001. operations (part V), certificate of restrictive elements of the Act are survey (s79(a)), permit for the justified under NCP principles. operation of hire-and-drive vessel (s4), certificate of competency (coxswain) (Schedule 3), certificate of competency (masterclass-all) (Regulation 9). The purpose of the Act is to protect The review was commenced in Publicly Government endorsed the review’s the Northern Territory’s marine and October 2000 and completed in available. recommendations in February coastal environments by minimising September 2001. The review found 2002. intentional and negligent discharges of that the restrictive elements of the Act ship-sourced pollutants through giving are justified under NCP principles. effect to the MARPOL international convention dealing with pollution by oil, noxious liquid substances in bulk, harmful substances in packaged form, sewerage and garbage. Comments on review Meat Industries Act 1996 Medical Act With the exception of Australian Defence Force; and a warship, naval auxiliary or other ship owned or operated by a foreign country and used, for the time being, only on government, non-commercial service of the country; the Act applies to all ships plying Northern Territory coastal waters. DBIRD Various food safety offences. Licensing of processing facilities. DH&CS Entry, registration, title, practice, discipline, advertising, ownership, business. Review completed in 1998. Review completed in May 2000. Recommendations included removing generic practice, ownership and advertising restrictions, and retaining title protection. Publicly available A new omnibus Bill being drafted to replace this and other health practitioner legislation. Name of legislation Medical Services Act Agency Major restrictions DH&CS Limits conduct of medical services, entry conditions and pricing. Comments on review Report availability Targeted review by CIE completed in Not May 2000. CIE found that none of the publicly features of the Act were being available implemented in an anticompetitive confidenti way, and concluded that the Act was al copy consistent with NCP requirements. Minor administrative changes were recommended. Comments on reform The Government noted the outcomes of the review. However, no amendments will be made to the Act, pending the outcomes of a separate ongoing review of medical services framework legislation. Given that the Act is NCP compliant in its current form, the NT states is not in the public interest to devote scarce resources to amending the Act when such amendments may well be superseded in the foreseeable future. Act to be retained without reform. Mental Health and Related Services Act Merlin Project Agreement Ratification Act DH&CS Provides for the care and treatment of Review completed by CIE in May the mentally ill. 2000. The review concluded that there is a strong net community benefit in the retention of existing restrictions in the Act, and recommended no changes. DBIRD Provides mechanism for levying Review yet to commence. Act added royalties and imposing more stringent to review schedule in 2000. security conditions than apply elsewhere to mining sites. Not publicly available confidenti al copy Name of legislation Mine Management Act Agency Major restrictions DBIRD Regulates occupational health and safety in mining. Comments on review Report availability Review not required because the Act is No to be repealed and replaced. informatio n Comments on reform Act to be repealed and replaced by the new Mining Management Bill (combining the essential elements of the existing Mine Management Act and Uranium Mining (Environmental Controls) Act. New Bill introduced in February 2001 Legislative Assembly sittings and to be subject to an NCP review before enactment. New Bill described as essentially administrative in nature, adopting a less prescriptive approach to mine site management. Mine operators required to take greater responsibility for decisions by satisfying industry-agreed competencies and standards. New Bill does not deal with property rights. Amendments to be made to the Mining Act to eliminate duplication with new Bill. Mining Act Motor Accidents (Compensation) Act Motor Vehicle Dealers Regulations DBIRD Creates a regime for the valid grant of mining tenure in the NT, together with ongoing regulation. TIO Mandatory contributions to Motor Accident Compensation Scheme, universal coverage, monopoly administrator with regulated contribution and benefit levels. DOJ Motor Vehicles Dealers Licence Part X, Div 3, SubDiv A, s132. Review complete and being prepared for Government consideration. Review completed in December 2000. No The Government commissioned Taylor informatio Fry Consulting Actuaries to undertake n the review. See CAFTA. Options for the implementation of review findings are being considered prior to submitting review report to Government. Name of legislation Motor Vehicles Act Agency Major restrictions DIPE Motor omnibus licence (s 10(2)), pastoral vehicle permit (s 137B), driving instructor's licence (25B), commercial passenger vehicle licence and driving instructors. Comments on review Northern Territory Employment and Training Act Notifiable Diseases Act Nursing Act Review, except for Part V and section 137B, completed. Concluded while certain elements of the Act are anticompetitive, the results of a public benefit test show that the restrictions are in the public interest. DEET Registers training providers and Assessment found Act does not accredits training courses. contain unjustified restrictions on competition. Not for full NCP review. DH&CS Notification requirements, Chief Health An internal review completed in Officer’s emergency powers to control December 2000 found the Act to be movement of people and goods, and compliant with NCP principles. limited legal protection for the Australian Red Cross Blood Service. DH&CS Entry, registration, title, practice, Review completed in May 2000. discipline, advertising. Recommendations included removing advertising and practice restrictions, and retaining title protection. DBIRD Requires Mereenie joint venture partners to meet certain lease conditions in investigating the possibility of constructing an oil refinery in Alice Springs. The refinery is not currently viable and has not been constructed. DH&CS Entry, registration, title, practice, discipline, ownership. Report Comments on reform availability Government endorsed the review recommendations. Not publicly available No reform required. Oil Refinery Agreement Ratification Act Optometrists Act Ozone Protection Act and Regulations DIPE Licensing issues and environmental controls. Review completed in 1998. Review considered restrictions were justified in achieving regional development objectives, but considered Act was no longer relevant. Accordingly, review recommended Act be repealed after the due date for renewal of the leases in 2002-03. Review completed in May 2000. Publicly Recommendations include removing available ownership restrictions, modifying practice restrictions and retaining title protection. Targeted review completed in 1998. Not Omnibus Bill to be drafted for publicly consultation. available confidenti al copy No Repeal Bill drafted. informatio n Omnibus Bill being drafted in line with recommendations. Repealed, ozone protection provisions incorporated into regulations under Waste Management and Pollution Control Act. Name of legislation Pawnbrokers Act Agency Major restrictions DBIRD Licensing. Comments on review Not for review. Report Comments on reform availability Act repealed in 1998 and pawnbrokers and second-hand dealers provisions included in the Consumer Affairs and Fair Trading Act. Pay-Roll Tax Act NTT Pet Meat Act Petroleum (Prospecting and Mining) Act Petroleum (Submerged Lands) Act Petroleum Act Targeted review completed in 1998. Licensing and registration requirements are not considered to restrict competition. DBIRD Licensing of premises for slaughtering, Review completed in 1997. processing and storage of pet meat, and the standard of premises. DBIRD DBIRD Regulates exploration for and development of undersea petroleum resources. This legislation forms part of a national scheme. DBIRD Regulates onshore exploration and recovery of petroleum in NT; grants exclusive rights; and provides for technical and financial prescriptions. DH&CS Entry, registration, title, practice, discipline. National review completed in 1999/2000. Endorsed by ANZMEC Ministers. Review underway. Steering Committee considering final review report. Licensing and registration issues. No informatio n No informatio n No informatio n Act repealed and replaced with Meat Industries Act 1996. Repealed and replaced by Petroleum Act. Amendments to be developed by Commonwealth and subsequently reflected in State and Territory legislation. Government endorsement of review outcomes to be sought May 2002. CoAG referred the Wilkinson Review to a senior officials' working party, which is yet to report back to CoAG. Pharmacy Act National Review of Pharmacy Publicly Regulation (Wilkinson Review) available completed in 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. Name of legislation Places of Public Entertainment Act Agency Major restrictions Planning Act Plumbers and Drainers Licensing Act Report Comments on reform availability DCDS& Controls places of public Inter-departmental review completed Publicly CA entertainment - Public Entertainment March 2002. Review consulted widely. available Licence (s.6) Review found that restrictions provided a net public benefit but recommended changes to provide for greater transparency and accountability in the administration of the Act. DIPE Provides for land use controls, Review of 1999 Act completed in Not Government endorsed outcome of planning appeals, issuance of September 2000. Review concluded publicly review. development permits and developer that the anticompetitive provisions available contributions. deliver a net benefit to the community confidenti and recommended no amendments to al copy the Act. DEET Licensing, registration, entry Review completed in September 2000, Government approved review requirements (qualifications or recommending that: the Act should recommendations. experience, fitness of character), the give explicit recognition of national reservation of practice (for plumbing: competencies-based approach, the installing, altering, removing or board's range of options in dealing repairing fixtures, fittings and pipes with complaints should be made designed to receive and carry sewage widely known, 'fit and proper person' or water, and the ventilation of those test power of the board should be fixtures, fittings and pipes), business maintained so long as appeal conduct (supervision). mechanisms are clear and accessible, and membership of the Board should be reviewed to establish whether the continued Power and Water Authority membership is desirable. Also recommended a more general review of the Act to in part examine the case for compliance certificates and the case for restricted plumbing licences to meet the needs of other trades. Comments on review Name of legislation Poisons and Dangerous Drugs Act Agency Major restrictions DH&CS Certificates of competency for pest controllers, and prescription of drugs by health professionals other than medical practitioners. The Act sets out controls and licensing for manufacture, wholesale, retail sales. DPC By-laws that relate to pollution, explosives and inflammable liquids, pilotage, exemptions from pilotage requirements, charges and fees, cargo, obstruction in the port etc. Comments on review Part of Galbally Review. Draft review report released 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Independent review undertaken in 1997 and 1998, with subsequent further consultation. Review completed in 2001. Report Comments on reform availability Final review report under consideration by the Australian Health Ministers Advisory Council. Port By-laws Power and Water Authority Act PAWA Prices Regulation Act DOJ Establishes the Power and Water Authority, and prescribes functions and powers of the Authority, gives control of provision and supply etc of electricity, water and sewerage services in the Territory. Exemption from rates; competitive neutrality issue. Price fixing regarding the Authority's agents; possible Part IV of TPA conflict. Regulation making powers; statutory power. Exemption from charges; competitive neutrality issue (s.14, 15, 19, 25(b) and 33). Provides for the appointment of Controller of Prices who can declare maximum prices for services and goods prescribed by the Administrator. Review completed in March 2000. Port By-laws includes the discretion in granting exemptions from pilotage requirements to be replaced by specified criteria for exemption. By-laws covering levying of fees for stevedoring licence to be retained (licence fee was reduced from $10,000 to an administrative fee). No Refer to the information provided informatio in the NT 2002 Annual Report n (chapter 2, page 3). Review completed, recommending the Publicly exercise of restrictions only at times of available natural disaster, the specification of objectives and the regulation of monopoly behaviour under separate legislation. Government agreed to the review's recommendations. Name of legislation Report availability Private Hospitals and Nursing DH&CS Licensing. Review completed in May 2000. Not Homes Act Review recommendations include the publicly separation of the regulation of available hospitals and nursing homes, that the confidenti objectives be clearly stated, that al copy licensing be retained and extended to all aged care facilities, that current incorporation requirements be rescinded, and that approval for manager relief arrangements be rescinded. Private Security Act NTT Regulation of the provision of security Review underway. Initial rounds of services and for related purposes public consultation have been finalised accredited training requirement and a and a final draft review report is licensing regime for crowd controllers. currently being prepared. Procurement Act and NTT Establishes government procurement Final review report has been prepared Regulations framework. Provides for exemptions and submitted for steering committee from competitive tendering principles consideration prior to being presented and prescribes forms and processes to Government. for private sector bids for government contracts. Prostitution Regulation Act NTT Escort agents licensing, entry General review of the Act completed. Not requirement (sex workers who provide Review not the subject of separate publicly sex services under agency agreements public consultation due to recent available with escort agents must have an reviews. confidenti appropriate certificate from the al copy Commissioner of Police), business conduct (wide range of conditions that may be imposed by the licensing authority). Brothels are illegal. Agency Major restrictions Comments on review Comments on reform Government proposes to implement all of the review recommendations but one. The Government has delayed giving further consideration to splitting the legislation into separate Acts, pending the outcomes of an ongoing review of medical services framework legislation. The Government adopted the recommendation contained in the report to make no change to the substance of the scheme of regulation. However, consistent with its policy of lessening the number of statutory bodies, the Government decided to abolish the Escort Agency Licensing Board and to transfer those functions to the NT Licensing Commission. This transfer became effective on 19 February 2001. Name of legislation Agency Major restrictions Comments on review Refer Public Health Act. Report Comments on reform availability Public Health (Shops, Eating- DH&CS Registration of a boarding house (s Houses, Boarding Houses, 35, 36), registration of an eating Hotels and Hostels) house (s12, 13). Regulations Public Health Act DH&CS Includes registration of barbers' shops (s5), registration of a boarding house (s 35, 36), registration of an eating house (s12, 13), general sanitation, noxious trades, medical and dental inspection of school children and cytology register, among other things. Public Trustee Act Public Trustee Amendment Act 1998 DOJ Review completed in May 2000. The review recommends that no attempt be made to amend the current legislation but rather completely new legislation be drafted. A general structure for public health legislation has been circulated by the Government in an issues paper. This proposed structure reduces inconsistency and favours outcome rather than input standards. Some provisions may give the public Review completed. The review trustee an advantage over recommended that the provisions competitors. These provisions include giving advantages to the Public those that permit the Public Trustee to Trustee be retained but that they be administer estates of small value extended so as to apply to other without the need to obtain the professional personal representatives. approval of the Supreme Court. Also, The review also recommended that the Public Trustee has the right to the provisions supporting the business obtain information about estates and operations of the public trustee be to take various measures designed to amended so as to ensure competitive minimise unnecessary levels of neutrality between the Public Trustee disputation. and its private sector competitors. A second group of provisions provide Government support to the business operations of the Public Trustee (for example through a Government indemnity for the administration of funds). Not New Public Health legislation is publicly being developed. available confidenti al copy Publicly available Government accepted review recommendations. Public Trustee Amendment Bill and Administration and Probate Amendment Bill, second reading, November 2001. Name of legislation Racing and Betting Act Agency Major restrictions NTT Licensing and registration of bookmakers, regulation of racing and betting activity. Comments on review Report Comments on reform availability Radiation (Safety Control) Act 1978 Radiation Safety Control Regulations 1980 Radiographers Act Legislation is being subject to full public review. Public consultation process complete and a draft review report is being prepared. DH&CS Controls and regulates the possession, National review completed. use, transport and storage of radioactive substances and irradiating apparatus. DH&CS Entry, registration, title, practice, discipline, advertising. Review completed May 2000. Recommendations included repealing the Act and transferring powers to the Chief Health Inspector under the Radiation (Safety Control) Act. The Rail Safety Act was introduced by A NCP review of this Act has been the Northern Territory Government in completed. The review found that the response to the repeal of restrictive elements of the Act are Commonwealth legislation (the justified under NCP principles. Australian National Railways Commission Act and the Tarcoola to A copy of the review’s results and Alice Springs Railway Act) which recommendations has been provided covered railway operations in the to the NCC for information purposes. Northern Territory. The Rail Safety Act imposes quality controls, restricts inputs to the production process and imposes additional costs on industry. However, the Act, while placing conditions on entry to the industry, does not control entry. Regulates the operation of retirement Review underway. villages and confers on the courts powers in respect of certain matters relating to retirement villages and for related purposes. Publicly available Nationally consistent recommended response to the review is being considered by the Australian Health Ministers Advisory Committee. The previous Government approved the drafting of legislation in line with review recommendations. Government endorsed the review’s recommendations in November 2000. Rail Safety Act DIPE Not publicly available confidenti al copy Publicly available Retirement Villages Act and Regulations DOJ Name of legislation Sale of NT TAB Act Agency Major restrictions NTT Comments on review Review of parimutuel wagering legislation completed in February 2001. Review completed in 1998. Stock (Artificial Breeding) Act Superannuation Act DBIRD Licensing and regulation of insemination. NTT Establishes Northern Territory Government and Public Authorities Superannuation Scheme (NTGPASS). Taxation (Administration) Act NTT Territory Insurance Office (TIO) Act TIO Review, conducted in 1998, recommended that NTGPASS be closed with new employees being given the choice of compliant private superannuation funds. Registration as an Accommodation Targeted review completed in 1998. House (s 80c), registration as a lender Licensing and registration (div 13, s 72), register of a financial requirements are not considered to institution for electronic debit restrict competition. transaction duty (s 29M), registration of insurers (div 6, s 40), register of life insurers (div 7, s 46) Stipulated insurer for government, Review completed in 2000. Review No monopoly administrator of Compulsory conducted in conjunction with informatio Motor Accident Compensation recommendations of Wallis enquiry, n Scheme, government guarantee on recommending changes to two deposits and contracts. restrictions. Options for the calculation of a government guarantee fee are being considered. The fees can potentially be levied without legislative amendment. Establishes parks and reserves, and protects and conserves wildlife. Review completed in 1998. Review found no restrictions on competition. Report Comments on reform availability Government accepted findings of review in early 2002. Preliminary measures being undertaken prior to full implementation of review recommendations. No Act repealed by the Stock (Artificial informatio Breeding) Repeal Act. n No Government accepted findings of informatio review, NTGPASS closed in July n 1999. Territory Insurance Office Act passed in December 2000, changing references to 'the insurer' to 'an insurer' to remove technical monopoly, in effect just reflecting current arrangements, and removing exclusivity with respect to CTP. (Separate review of CTP monopoly under Motor Accidents Compensation Act). Act retained without reform. Territory Parks and Wildlife Conservation Act DIPE Name of legislation Therapeutic Goods and Cosmetics Act Agency Major restrictions DH&CS Licensing requirements and advertising restrictions. Comments on review Tobacco Act Part of Galbally Review. Draft review report released 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. DH&CS Advertising restrictions and prohibition An internal review completed in March Not of sale of tobacco products to minors. 2002 found the Act to be compliant publicly with NCP principles. available NTT Grants sole rights to this form of betting. Report Comments on reform availability Final review report under consideration by the Australian Health Ministers Advisory Council. No reform required. The Government released a discussion paper on replacement legislation in March 2002. To accommodate the sale of NT TAB this Act was repealed and replaced by two new Acts Totalisator Licensing and Regulation Act and the Sale of the NT TAB Act. Government accepted findings of review in early 2002. Preliminary measures being undertaken prior to full implementation of review recommendations. Totalisator Administration and Betting Act Totalisator Licensing and Regulation Act NTT Establishes the regulatory framework Public review completed in February for parimutuel betting in the Northern 2001. Territory. Licence to Operate in the Trade Development Zone (s.21,28). Makes provision with respect to the administration of the Trade Measurement Act, and for related purposes. Makes provision with respect to trade measurement in the NT as part of the scheme for uniform trade measurement legislation throughout Australia. Review underway. Review contingent on outcome of Trade Measurement Act. National review underway. Trade Development Zone Act TDZ Trade Measurement (Administration) Act Trade Measurement Act DOJ DOJ Name of legislation Unlawful Betting Act Agency Major restrictions NTT Prescribes offences and penalties for unlawful betting activity. Comments on review Legislation being reviewed concurrently with Racing and Betting Act. Public consultation processes complete. Draft review report being prepared. Review not required. Report Comments on reform availability Uranium Mining (Environmental Control) Act Veterinarians Act 1994 DBIRD Controls uranium mining in the Alligator Rivers Region. Imposes restrictions, conditions and requirements that could discourage innovation and add to costs. DBIRD Licensing of veterinary surgeons, reservation of practice, reservation of title, and advertising restrictions. No Act repealed 1 January 2002. informatio n The Government endorsed the review recommendations. Water Act and Regulations DIPE Water Supply and Sewerage PAWA Act Provides for the investigation, use, control, protection, management and administration of water resources. Single provider status provided to Power and Water Authority. Lacks separation of service delivery from regulatory roles. Review completed in December 1999. Publicly Review recommended retention of available licensing, reservation of title and practice, removal of some advertising restrictions, and additional consumer representation on the Veterinary Board. Review by external consultants completed in July 2000. No change recommended. Independent review completed in March 2000. The Water Supply and Sewerage Services Act was enacted on 19 July 2001. The Utilities Commission is now responsible for licensing for water and sewerage supply services in the NT. On 6 February 2002, the Utilities Commission issued an urban water supply licence to the Power and Water Authority. Name of legislation Agency Major restrictions Single supplier of water and sewerage services within a defined geographical area. Comments on review Water Supply and Sewerage PAWA Services Act Work Health Act and Work Health (Occupational Health and Safety) Regulations DEET Establishes the Work Health Authority and sets requirements for occupational health and safety. Registration requirements for the design of designated plant; pressure equipment, cranes and hoists, lifts, escalators and moving walks, amusement structures and scaffolding (Reg 93). Licensing of operators: pressure equipment operation, crane and hoist operators, industrial truck operation, scaffolding, rigging and asbestos removal (Reg 15). Workers compensation claims management. Full public review of occupational health and safety provisions, by the Centre for International Economics (CIE), completed in September 2000. Issues Paper on workers compensation provisions released recently. Report Comments on reform availability Legislation replaces Water Supply and Sewerage Act. Single provider status retained due to economies of scale. Independent licensing to be introduced under Utilities Commission by 1 January 2002. Government is considering the report.