NINTH ANNUAL REPORT TO THE NATIONAL COMPETITION COUNCIL April 2005 Queensland Government Ninth Annual Report to the National Competition Council BLANK PAGE Queensland Government Ninth Annual Report to the National Competition Council Contents PART A – ENERGY ....................................................................................................... 3 1. ELECTRICITY REFORMS ..................................................................................................... 3 1.1 NATIONAL ELECTRICITY MARKET REFORMS........................................................................... 3 1.2 RETAIL MARKET COMPETITION ................................................................................................ 5 1.3 FULL RETAIL CONTESTABILITY ............................................................................................... 5 2. GAS REFORMS ..................................................................................................................... 8 2.1 LEGISLATION REVIEW AND REFORM ........................................................................................ 8 2.1.1 Submerged lands legislation .................................................................................. 8 2.1.2 Petroleum and Gas (Production and Safety) Bill ................................................... 9 2.2 FULL RETAIL CONTESTABILITY ................................................................................................ 9 2.3 GAS QUALITY STANDARDS ...................................................................................................... 9 PART B – CONDUCT CODE AGREEMENT ........................................................... 10 3. TRADE PRACTICES .............................................................................................................11 3.1 BACKGROUND ........................................................................................................................11 3.2 TRADE PRACTICES EXEMPTIONS ............................................................................................11 PART C – COMPETITION PRINCIPLES AGREEMENT..................................... 11 4. COMPETITIVE NEUTRALITY.............................................................................................. 12 4.1 BACKGROUND ....................................................................................................................... 12 4.2 COMPLAINTS ......................................................................................................................... 12 4.2.1 Complaints to the Queensland Competition Authority ........................................ 12 4.2.2 Complaints to Queensland Treasury .................................................................... 12 5. STRUCTURAL REFORM ..................................................................................................... 13 5.1 BACKGROUND ....................................................................................................................... 13 5.2 STRUCTURAL REFORM PROGRESS ......................................................................................... 14 6. PRICES OVERSIGHT .......................................................................................................... 14 6.1 BACKGROUND ....................................................................................................................... 14 6.2 GOVERNMENT MONOPOLY BUSINESS ACTIVITIES ................................................................. 15 6.3 PRICING INVESTIGATIONS...................................................................................................... 15 7. THIRD PARTY ACCESS ...................................................................................................... 17 7.1 BACKGROUND ....................................................................................................................... 17 7.2 SERVICES COVERED BY THE QUEENSLAND COMPETITION AUTHORITY ACT 1997 ................. 17 7.3 RECENT ACTIVITIES .............................................................................................................. 17 8. LOCAL GOVERNMENT ....................................................................................................... 18 8.1 INTRODUCTION ..................................................................................................................... 18 8.2 COMPETITIVE NEUTRALITY................................................................................................... 19 8.2.1 Reform Progress .................................................................................................. 19 8.3 COMPETITIVE NEUTRALITY COMPLAINT PROCESS ................................................................ 21 Page i Queensland Government Ninth Annual Report to the National Competition Council 8.4 8.5 COMMUNITY SERVICE OBLIGATIONS ..................................................................................... 22 CONCLUSION ......................................................................................................................... 23 9. LEGISLATION REVIEW ....................................................................................................... 24 9.1 BACKGROUND ....................................................................................................................... 24 9.2 SCHEDULED REVIEWS ........................................................................................................... 24 9.3 PRIORITY REVIEW LEGISLATION ........................................................................................... 25 9.3.1 Liquor Act 1992 ................................................................................................... 25 9.3.2 Agricultural and Veterinary Chemicals (Queensland) Act 1994 .......................... 25 9.3.3 Fisheries Act 1994 ............................................................................................... 26 9.3.4 Transport Operations (Passenger Transport) Act 1994 (taxis) ............................. 26 9.3.5 Nursing Act 1992 ................................................................................................. 26 9.3.6 Pharmacy Act 1976; Pharmacists Registration Act 2001 ..................................... 27 9.3.7 Health Act 1937 (drugs and poisons) ................................................................... 27 9.3.8 Legal Practitioners Act 1995; Queensland Law Society Act 1952 ...................... 28 9.3.9 Travel Agents Act 1988 ....................................................................................... 28 9.3.10 Auctioneers and Agents Act 1971 (maximum commissions for auctioneers and real estate agents); Property Agents and Motor Dealers Act 2000 ..................... 29 9.3.11 Trade Measurement Act 1990 .............................................................................. 29 9.3.12 Gaming Machine Act 1991 .................................................................................. 30 9.4 NON-PRIORITY REVIEW LEGISLATION ................................................................................... 30 9.4.1 Consumer Credit Legislation ............................................................................... 30 9.4.2 Financial Intermediaries Act 1996 ....................................................................... 30 9.4.3 Land Act 1994 ..................................................................................................... 31 9.4.4 Trustee Companies Act 1968 ............................................................................... 32 9.5 NEW LEGISLATION ................................................................................................................ 33 9.5.1 Gatekeeping arrangements................................................................................... 33 9.5.2 Review of certain aspects of the Workers‟ Compensation and Rehabilitation Act 2003 .................................................................................................................... 34 ATTACHMENTS ATTACHMENT 1: ..... REVIEW OF FULL RETAIL CONTESTABILITY AND ELECTRICITY ATTACHMENT 2: ..... NEW LEGISLATION ATTACHMENT 3: ..... LOCAL GOVERNMENT COMPETITIVE NEUTRALITY REFORMS Page ii Queensland Government Ninth Annual Report to the National Competition Council Part A – Energy 1. Electricity Reforms The NCC has indicated it will consider the coordinated approach taken by governments in establishing a fully competitive National Electricity Market (NEM) as part of its 2005 assessment. In particular, the NCC is seeking information from all NEM governments on their progress in meeting commitments in relation to maximising the potential for competition in the retail market. 1.1 National Electricity Market Reforms In its 2004 assessment, the Council discussed the electricity sector reform program recommended to CoAG by the Ministerial Council on Energy in June 2003. The key elements of the reform package as it related to the electricity sector included the following: Governance — subsume the NEM Ministers’ Forum within the Ministerial Council on Energy, thereby establishing a single energy market governance body. Economic regulation — establish two new statutory commissions. The Australian Energy Market Commission (AEMC) will be responsible for rule-making and market development, and the Australian Energy Regulator (AER) will be responsible for market regulation. Initially covering electricity wholesale and transmission for the NEM, the responsibilities of the AEMC and AER will broaden to include gas transmission from 2005. By 2006, the AER will be responsible for regulating distribution and retailing (other than retail pricing), following the development of an agreed national framework. Electricity transmission — develop, implement and progress a new NEM transmission planning function, a regulatory test for transmission and a process for assessing wholesale market regional boundaries in 2004. Interregional financial trading arrangements are to be evaluated, and the review of transmission pricing arrangements is to be concluded for implementation in 2004. User participation — ensure jurisdictions in which full retail competition is operating align their retail caps with costs and periodically review the need for price caps. The Ministerial Council on Energy did not stipulate a date for the implementation of these reforms. It is to examine options for a demand-side response pool in the NEM and consider the costs and benefits of introducing interval metering. The Council welcomed the Ministerial Council on Energy’s commitment to progressing electricity sector reform with a view to attaining the original NCP vision of a fully competitive NEM. In its 2005 assessment, the Council will consider progress in implementing the reform measures and in developing other coordinated reform initiatives through CoAG, the Ministerial Council on Energy and the NEM Ministers Forum. Page 3 Queensland Government Ninth Annual Report to the National Competition Council It should be recognised that the general consensus amongst jurisdictions, industry, investors and end-users is that National Electricity Market (NEM) has worked well, although there are some areas where reform is required. In its 2005 NCP assessment framework, the Council acknowledges the considerable progress that has been made to date in establishing a fully effective NEM, while recognising that there are some existing deficiencies that should be addressed. The Queensland Government accepts the importance of a “coordinated approach by governments” in addressing these market deficiencies. Indeed, the energy market reform agenda, endorsed by CoAG and implemented through the Ministerial Council on Energy (MCE), is perhaps one of the most compelling recent examples of this approach being put into practice. Throughout the process, the States and Territories have demonstrated their commitment to the timely implementation of this reform package and the establishment of a transparent and robust framework for the delivery of future reforms, including: recognition by all governments of the need for reform – through CoAG and the MCE; broad agreement by governments on the key elements of reform – as captured in the MCE‟s December 2003 Report to CoAG and as reflected in the 2005 NCP assessment framework; a solid conceptual framework and information base to guide policy prescriptions – supported by the revised governance and institutions regime encompassing the MCE, the Australian Energy Regulator (AER) and the Australian Energy Market Commission (AEMC); and effective procedural and institutional mechanisms to implement both the current reform program and future market reforms – including public consultation and transparent rule change procedures. As the Council would be aware, the AER and AEMC have been established and are anticipated to be fully operational from early June 2005. Importantly, the market‟s revised governance structure provides an open and transparent framework for the development, analysis, delivery and monitoring of future reforms. This includes the ongoing policy role of the MCE in guiding the market‟s strategic direction. Development and establishment of the new market institutions was achieved through a cooperative legislative program on behalf of all NEM jurisdictions, in close consultation with industry and other relevant stakeholders. Clarity regarding the allocation of functions under the revised governance arrangements has been provided through amendments to the cooperative legislation and market rules – this has included development of a more streamlined and transparent rule change process. In this context, the Queensland Government views future energy market reform as an issue most appropriately determined by the new governance entities. For example, the MCE-agreed work program of transmission reform (led by Queensland), is now largely complete and future reforms in this area should be progressed through the market institutions. Similarly, while the MCE will continue with its development of the Page 4 Queensland Government Ninth Annual Report to the National Competition Council national framework for distribution and retail (other than retail pricing), there is a point at which it will become appropriate for the detailed development and carriage of these issues to be transferred to the AER and AEMC. While the Council has flagged its consideration of “progress in implementing the reform measures and in developing other coordinated reform initiatives” in its 2005 assessment, the existing reform process should be allowed to continue and the current suite of energy market reforms allowed to „bed-down‟. There is a real risk that the imposition of another layer of reform over the top of the current reform process and outside of the new governance arrangements would exacerbate the potential for „reform fatigue‟. The Queensland Government is concerned that this, in turn, will only serve to increase participant uncertainty regarding the regulatory environment moving forward, with adverse consequences for existing and future investment. 1.2 Retail market competition In its 2004 assessment, the Council welcomed the Ministerial Council on Energy’s recommendation that in all jurisdictions in which full retail contestability is operating, retail price caps should be aligned with costs, and the need for the price caps should be reviewed periodically. The Council, noted, however, that the Ministerial Council on Energy is not undertaking any reform program in relation to such issues but rather is focusing its retail market reform enquiries on user participation issues such as demandside response pools and metering. The Ministerial Council on Energy did not commit to a date for implementing reforms of retail price caps although it has referred the matter to the AEMC for consideration once it is established. The Council will consider as part of its 2005 assessment, developments in relation to retail prices oversight. The Council seeks from jurisdictions information as to any developments in this regard since the 2004 assessment. The Ministerial Council on Energy‟s reform agenda in relation to retail price oversights does not apply to Queensland as the State has not introduced full retail competition (FRC) in the electricity industry. However, the issue of aligning retail prices with costs is being assessed as part of the Queensland Government‟s current review of the costs and benefits of extending retail competition to domestic customers. This review is to be completed in June 2005. 1.3 Full Retail Contestability The Council considers the introduction of full retail contestability to be an essential component of the electricity reforms. Contestability for customers consuming 100-200 megawatt hours per year (tranche 4A customers) commenced in Queensland on 1 July 2004. Queensland, however, had yet to complete the review of the costs and benefits of full retail contestability in accordance with its 2003 commitment. Its failure to make adequate progress in respect of the review resulted in an adverse assessment. For the 2005 assessment, the Council will assess whether Queensland has completed the review into full retail contestability. The Council will consider the overall methodology and findings of the review as well as the government’s response. Page 5 Queensland Government Ninth Annual Report to the National Competition Council Queensland has consistently supported and introduced reforms which promote and facilitate competition, for the purpose of encouraging the economic development of this State. Queensland has always sought to provide a sound foundation for reforms. In particular, it is the policy of the Queensland Government to undertake cost-benefit analysis on proposed reforms, including prior to the introduction of retail contestability. Retail contestability in the electricity industry in Queensland has been progressively introduced to customers in tranches since 1998. From 1 July last year, retail contestability was further extended to customers consuming between 100 megawatt hours (MWhs) and 200 MWhs of electricity per annum. This effectively doubles the number of consumers who have access to the competitive market and it has allowed many small businesses to negotiate price and service benefits. Almost fifty per cent of electricity consumed in Queensland is now eligible for contestability. Review of Electricity FRC - Progress As the Council is aware, the Government is currently undertaking a review of its decision in 2001 to defer the introduction of retail competition for domestic and small business customers (ie full retail competition or „FRC‟) for electricity consumers in Queensland. This is being conducted through a cost benefit analysis, providing an assessment of the benefits and costs associated with any initial introduction of FRC and also over a longer time frame to account for structural change. As discussed and agreed with the Council, the Government has engaged the consultancy services of GHD Pty Ltd (GHD) to provide technical advice on the costs and benefits associated with introducing FRC in Queensland. GHD‟s approach to the review has been in two phases: Phase 1: scoping and developing a methodology for the review; identifying and consulting with stakeholders on the preferred trading arrangements (PTAs) for the introduction of FRC, in particular Ergon Energy and ENERGEX. That is, the business model in which FRC could be introduced and involves specification of: o The type of metering for customers who are currently not eligible to be contestable; o Technical assumptions regarding the market set up eg customer transfer rules; and o The policy framework including the timing of introduction of FRC; and the form of community service obligation (CSO) payments. identify the potential costs and benefits associated with the PTA; and developing costing specifications for the estimation of costs associated with alternative PTAs (ie interval metering versus profiling). Page 6 Queensland Government Ninth Annual Report to the National Competition Council Phase 2: estimate the benefits of FRC, based on market outcomes consistent with a proposed preferred trading framework and cost estimates provided by Ergon Energy and ENERGEX; estimate the costs of FRC based on information provided by the businesses, information in the public domain and third party interviews, to estimate the costs associated with FRC; and develop a final independent report drawing together the estimated costs and benefits of the analysis. Substantial progress has been made with regards to the above with Phase 1 completed and Phase 2 due to be completed in late April 2005. In relation to this: Ergon Energy and ENERGEX have provided written submissions to the Government on the preferred trading framework for the introduction of FRC. This included information on metering, business rules and consumer protection frameworks; In-depth interviews have been held with Ergon Energy and ENERGEX representatives to gain an understanding of the system costs associated with introducing FRC; Detailed discussions have occurred with National Electricity Market Management Company (NEMMCO) regarding systems and processes required for businesses operating in an FRC environment as well as the Queensland Competition Authority (QCA) in relation to metering and ring fencing requirements; The Government has obtained detailed retail and network data from Ergon Energy and ENERGEX to feed into a retail price impact model to determine the price impacts across the State from introducing FRC; Conducted extensive analysis of retail tariff structures and prices to determine appropriate tariff designs in an FRC environment; Based on consultations with relevant stakeholders and experiences in other FRC jurisdictions, three detailed alternative PTAs were developed for costing by Ergon Energy and ENERGEX. The alternative preferred trading frameworks and associated policy assumptions are set out in Attachment 1. o The alternative trading frameworks varied based on metering options (ie interval metering versus profiling). o Incremental cost estimates and impact assessment information has been obtained from Ergon Energy and ENERGEX (retail and distribution) in relation to the alternative PTAs. o Intensive meetings have been held with Ergon Energy and ENERGEX to scrutinise cost estimates and to understand in greater detail how estimates were derived. This includes a number of iterations of cost estimates provided by the businesses. Page 7 Queensland Government Ninth Annual Report to the National Competition Council The Government is currently assessing the appropriateness of the PTAs and determining which trading framework is optimal for consumers and industry in an FRC environment in Queensland. The original methodology designed for the review envisaged that the Government would request cost estimates from Ergon Energy and ENERGEX based on one PTA rather than three PTAs as was requested by the Government. This is a slight modification to the scope of the project, but is seen as necessary to ensure that the Government is able to make an informed decision on an optimal framework that delivers benefits to consumers. As a result of the change in methodology, a Government decision on the introduction of FRC in Queensland will now be provided in June 2005. The Queensland Government proposes to provide a final report to the Council on the introduction in June 2005 which will detail the Government‟s decision. 2. Gas Reforms State and Territory governments’ gas commitments under NCP arise from the Agreement to Implement the National Competition Policy and Related Reforms, the Competition Principles Agreement (CPA) and other agreements on related reforms for the gas sector (gas agreements). For its 2005 assessment of gas reform progress, the NCC is seeking information on a few outstanding issues in relation to: legislation review and reform; full retail contestability (FRC); and implementation of gas quality standards. 2.1 Legislation review and reform 2.1.1 Submerged lands legislation The NCC is seeking advice on progress with amendments to Queensland submerged lands legislation to reflect the changes to the Commonwealth legislation. The Petroleum (Submerged Lands) Act 1967 (Cth) is the principal legislation used to administer petroleum industry activities in Commonwealth offshore waters. The Commonwealth is rewriting the Petroleum (Submerged Lands) Act 1967 which will include changing the name to the Offshore Petroleum Act. Queensland is awaiting the introduction of the Offshore Petroleum legislation to Commonwealth Parliament before drafting mirror legislation. The Petroleum (Submerged Lands) Amendment Act 2003 (Cth) received Royal Assent in December 2003. The Act establishes the National Offshore Petroleum Safety Authority (NOPSA) which will regulate safety in Commonwealth waters as well as State and Northern Territory coastal waters. NOPSA commenced operation on 1 January 2005. The Petroleum (Submerged Lands) Amendment Act 2004 (Qld) confers powers and functions to NOPSA and provides for the anticipated introduction of the Offshore Petroleum Act. Page 8 Queensland Government Ninth Annual Report to the National Competition Council 2.1.2 Petroleum and Gas (Production and Safety) Bill For 2005, the NCC is seeking information in Queensland’s progress in implementing the Petroleum and Gas (Production and Safety) Bill. The Petroleum and Gas (Production and Safety) Act 2004, the Petroleum and Other Legislation Amendment Act 2004 and the Petroleum and Gas (Production and Safety) Regulation 2004 commenced on 31 December 2004. The Act is being progressively implemented with many provisions taking effect from 1 July 2005. 2.2 Full retail contestability In its 2004 assessment, the Council concluded that Queensland had not complied with its obligations under the 1997 gas agreement. Queensland had failed to implement the recommendations of a cost-benefit assessment commissioned from consultants McLennan Magasanik Associates Pty Ltd (MMA) to extend retail contestability to tranches 2 and 3 (customers using between 1-100 terajoules (TJ) per annum). The Council considered that Queensland’s failure to extend contestability to tranches 2 and 3 was a serious breach of its NCP gas reform commitments. The Council is seeking information on Queensland’s progress in implementing the MMA study’s recommendations. The Queensland Government engaged independent consultants, McLennan Magasanik Associates Pty Ltd, to conduct a Cost Benefit Analysis (CBA) on the introduction of FRC in the Queensland reticulated gas market. This analysis concluded that the costs of introducing Gas FRC to the Queensland reticulated gas market would significantly outweigh the benefits, with the estimated marketing and system costs of $115M far exceeding the estimated efficiency benefits of just $31 million. However the report indicated there are net benefits in extending contestability to tranches two and three. MMA‟s CBA indicated the extension of contestability to consumers using 10 to 100 TJ per annum (tranche 2) would reap strong positive net benefits; while customers using 1 to 10 TJ per annum (tranche 3) would receive weakly positive net benefits. The study was released for public consultation and no material issues were raised in relation to the report or its findings. A copy of the CBA Report was provided to the NCC as part of the 2003 assessment. The Queensland Government has decided to approve the extension of retail gas contestability to commercial and industrial reticulated gas customers using between 1 and 100 TJ per annum (tranches two and three), which is around 740 customers, from 1 July 2005. This is subject to finalisation of market operation and business rules. 2.3 Gas quality standards The NCC is seeking advice on progress made in implementing a national gas quality standard being developed by the Australian gas industry, including details on how the standard is to be implemented and a timetable for full implementation. The Australian gas industry has been developing a natural gas quality standard so processed gas can move through interlinked pipeline networks without adversely affecting pipelines or gas appliances. The NCC considers that such a standard is important to achieving a national gas market through the removal of barriers to interstate gas trade, and to implementing free and fair trade in gas. Page 9 Queensland Government Ninth Annual Report to the National Competition Council The Australian Standard AS4564-2003 ”Specification for General Purpose Natural Gas” was implemented by regulation in Queensland on 1 October 2003. Some exemptions under Section 1.1.2 of that Specification have been agreed to, but will cease when Queensland natural gas is supplied to interstate markets. The implementation has been continued as above in the new Petroleum and Gas (Production and Safety) Act 2004. Part B – Conduct Code Agreement Page 10 Queensland Government Ninth Annual Report to the National Competition Council 3. Trade Practices 3.1 Background Section 51(1) of the Trade Practices Act 1974 provides for conduct, which would normally be an offence under the restrictive trade practice provisions of the Act, to be permitted if it is specifically authorised under Commonwealth, State and Territory Acts. Clause 2(1) of the Conduct Code obliges jurisdictions to advise the Australian Competition and Consumer Commission (ACCC) in writing of legislation which relies on section 51(1) of the Trade Practices Act 1974 within 30 days of the legislation being enacted. Queensland is required to identify new legislation or provisions in legislation which rely on section 51(1) and to confirm the ACCC has been notified accordingly. 3.2 Trade Practices Exemptions Queensland has not passed any legislation relying on the section 51(1) exemption during 2004. Part C – Competition Principles Agreement Page 11 Queensland Government Ninth Annual Report to the National Competition Council 4. Competitive Neutrality 4.1 Background Under Clause 3 of the CPA, each jurisdiction is required to consider applying competitive neutrality principles to its significant business activities where it can be demonstrated that the benefits to the community would outweigh the costs. Competitive neutrality means that government businesses should not enjoy any net competitive advantage over their competitors simply as a result of their public sector ownership. Each government is free to determine its own agenda for the implementation of competitive neutrality principles. There have been no significant further developments in the coverage of the application of competitive neutrality principles to State Government business activities. 4.2 Complaints The NCC is seeking information on complaints received and complaints resolved during 2004-05. 4.2.1 Complaints to the Queensland Competition Authority The Queensland Competition Authority (QCA) has not formally investigated any competitive neutrality complaints for the period April 2004 to date. 4.2.2 Complaints to Queensland Treasury Queensland Treasury received several inquiries during 2004-05, however only two resulted in a formal competitive neutrality complaint being lodged. Queensland Treasury received a complaint alleging a breach of the principle of competitive neutrality by the Queensland Parks and Wildlife Service (QPWS). Cooper Creek Wilderness is a commercial eco-tour operator on freehold land within a World Heritage Area. It considers the QPWS‟s partial cost recovery from commercial operators and the fact no fees are levied on free and independent travellers who use infrastructure within the adjacent national park places its business at a competitive disadvantage. Under Clause 3 of the Competition Principles Agreement the principles only apply to the business activities of publicly owned entities. The prime function of QPWS activities is to provide social, environmental and cultural objectives, including the sustainable management of natural resources, environmental protection and national parks. As QPWS is not a business activity, the complaint will not be addressed through the formal competitive neutrality complaints process. The second competitive neutrality complaint lodged was made against the Department of Main Roads (DMR). The complaint was made in relation to a DMR tender process conducted on behalf of the Roads Alliance Board, to appoint a firm to develop (and deliver) road condition evaluation training across Queensland. The complainant, Pavement Management Services (PMS), alleged one of the successful applicants, ARRB Transport Research Limited, was selected on the basis of its government ownership which has resulted in a competitive advantage. PMS also claimed the Roads Alliance Board did not provide the opportunity for PMS to submit a tender to become a qualified trainer, and believed it possessed the necessary qualifications and experience Page 12 Queensland Government Ninth Annual Report to the National Competition Council to provide training. Three organisations (including ARRB) were invited to tender based on the skills and experience necessary to provide the service. Treasury examined the complaint and concluded the tender process adhered to the principles of the State Purchasing Policy, and did not breach competitive neutrality principles in this case. Treasury has recommended DMR re-examine how it deals with clients and competitors, and improve its communication strategies. 5. Structural Reform 5.1 Background Page 13 Queensland Government Ninth Annual Report to the National Competition Council Under Clause 4 of the Competition Principles Agreement, before introducing competition to a sector traditionally supplied by a public monopoly, or privatising a public monopoly, jurisdictions are required to review a range of structural reform matters related to commercial objectives, natural monopoly considerations, regulatory functions, competitive neutrality, community service obligations, price and service regulation and corporate finance matters. Each jurisdiction is free to determine its own agenda for the reform of public monopolies. 5.2 Structural Reform Progress No new structural reform matters emerged during 2004-05. 6. Prices Oversight 6.1 Page 14 Background Queensland Government Ninth Annual Report to the National Competition Council Clause 2 (Prices Oversight of Government Business Enterprises) of the Competition Principles Agreement requires each State and Territory to consider establishing independent sources of prices oversight where these do not exist. The independent source of prices oversight must have the following characteristics: (a) (b) it should be independent from the government business enterprise whose prices are being assessed; its prime objective should be one of efficient resource allocation, but with regard to any explicitly identified and defined community service obligations imposed on a business enterprise by the government or legislature of the jurisdiction that owns the enterprise; it should apply to all significant government business enterprises that are monopoly, or near monopoly, suppliers of goods or services (or both); it should permit submissions by interested persons; and its pricing recommendations, and the reasons for them, should be published. (c) (d) (e) In fulfilment of this obligation, Queensland established the Queensland Competition Authority (QCA) in 1997 with the above characteristics. 6.2 Government Monopoly Business Activities In Queensland, prices oversight applies to: (a) State and local government business activities which are monopolies or near monopolies that have been declared by the Premier and the Treasurer to be Government Monopoly Business Activities; and Private sector water suppliers (including the jointly owned State/local government company SEQWater). (b) The Premier and the Treasurer have declared the following activities to be Government Monopoly Business Activities: the bulk water storage, water distribution and retail reticulation and drainage activities of SunWater; the bulk water storage, water delivery and treatment services and supply of water by Gladstone Area Water Board; the bulk water storage and water distribution activities of the Mt. Isa Water Board, and the Townsville-Thuringowa Water Supply Board (trading as NQWater); and the water and sewerage services provided by the largest eighteen local governments in Queensland (i.e. Brisbane, Gold Coast, Rockhampton, Townsville, Toowoomba, Ipswich, Logan, Caboolture, Cairns, Caloundra, Harvey Bay, Mackay, Maroochy, Noosa, Pine Rivers, Redland, Thuringowa and Bundaberg). 6.3 Pricing Investigations Pricing complaints received, or dealt with, in the past year include: Page 15 Queensland Government Ninth Annual Report to the National Competition Council (a) (b) a complaint that the Maroochy Shire Council‟s water and sewerage business, Maroochy Water Services, is monopoly pricing; a company alleging Brisbane Water‟s charges to industrial customers constitute a monopoly rent and are indicative of cross subsidisation. Treasury is in the process of investigating the substance of claim (a). In relation to claim (b), it was found there was insufficient evidence to warrant a referral and full pricing investigation by the QCA. The Premier and Treasurer have written to the Brisbane City Council to notify they will continue to monitor the prices of the Council to gauge whether a review of their decision not to refer may be warranted. A recommendation of the QCA‟s 2002 report on the pricing practices of the Gladstone Area Water Board (GAWB) was that a review of GAWB‟s prices be undertaken in 2004. Pursuant to this recommendation, GAWB was referred to the QCA in April 2004 by the Premier and the Treasurer for an investigation into its pricing practices. The QCA published its Final Report in March 2005. The Premier and the Treasurer are considering the report‟s recommendations. Page 16 Queensland Government Ninth Annual Report to the National Competition Council 7. Third Party Access 7.1 Background Access to the services provided by electricity and gas pipeline infrastructure is governed by the respective uniform national access codes for these industries. Access to services provided by other facilities is governed by either Part 5 of the Queensland Competition Authority Act 1997 or Part IIIA of the Trade Practices Act 1974. 7.2 Services covered by the Queensland Competition Authority Act 1997 The services which have been declared under the Act are: (a) the rail transportation service provided by the use of Queensland Rail‟s track infrastructure; and the coal loading and unloading services provided by the use of the Dalrymple Bay Coal Terminal. (b) 7.3 Recent Activities In the past reporting year the Government did not receive any applications for the declaration of services under the QCA Act. The QCA assessed a draft access undertaking for the declared services of Dalrymple Bay Coal Terminal, and released its final decision for the declared service on 20 April 2005. Queensland Rail‟s access undertaking is also under review, with the QCA expecting to release its final decision by mid July 2005. In April 2005, the QCA released its Final Determination on the Regulation of Electricity Distribution, setting out the regulatory arrangements to apply to Queensland‟s distribution networks for the period 1 July 2005 to 30 June 2010. Page 17 Queensland Government Ninth Annual Report to the National Competition Council 8. Local Government The NCC is seeking a report on the progress in extending competitive neutrality principles and process to local government businesses. 8.1 Introduction As outlined in previous reports to the NCC, the Government‟s strategy for applying NCP reforms to Queensland local governments initially focussed on the largest business activities through the application of competitive neutrality reforms to the significant business activities (SBAs) of the 18 largest local governments. This represents over 80% of local government business activity in Queensland. The largest 18 local governments demonstrated excellent progress in applying competitive neutrality reforms to their SBAs and have subsequently also demonstrated substantial progress in applying competitive neutrality reforms to their smaller business activities. While legislative arrangements only required the largest 18 governments to examine the cost effectiveness of reform, the Government made available $150 million (in 1994/95 dollars) in incentive payments to councils who considered and/or implemented the NCP reforms. To date, some $143 million1 in incentive payments have been made to local governments arising from recommendations made by the QCA. Three years ago, the Government, in partnership with the Local Government Association of Queensland (LGAQ), re-focussed its attention on NCP reforms in smaller local governments. Through the Business Management Assistance Program (BMAP), smaller to medium sized local governments received direct assistance and training from skilled consultants in implementing the NCP reforms. This program proved highly successful in significantly improving the reform take up of these smaller councils. In summary, the very good progress being achieved in NCP reform in Queensland is due to a combination of a number of factors including: the financial incentives available to local governments which implement such reforms under the $150 million Local Government Financial Incentive Package (LGFIP); the benefits being achieved by local governments as a result of undertaking the reforms; and the training and support initiatives provided by the Department of Local Government and Planning (DLGP), the Queensland Competition Authority (QCA) and the LGAQ, especially through BMAP. The Legislative Framework The State Government has put in place a comprehensive legislative framework to support its local government NCP reform program through the Local Government Act (1993) (LGA). This framework was supplemented by amendments to the Income Tax 1 This figure includes indexation. Page 18 Queensland Government Ninth Annual Report to the National Competition Council Assessment Act 1936 which removed certain impediments to the corporatisation of local government business activities. Initially only the business activities of the largest 18 local governments were required by legislation to adopt the reforms. Competitive roads business activities of local councils are now required to adopt the Code of Competitive Conduct and amendments to the LGA to require building certification activities to adopt the code have now been introduced. 8.2 Competitive Neutrality With competitive neutrality reforms largely completed for the SBAs the focus shifted to the smaller business activities. BMAP was successful in increasing the speed and level of reform that smaller to medium sized councils adopted. Attachment 3 contains the summary of all local government businesses currently undertaking competitive neutrality reform. The table indicates the type of reform being taken, their progress with regard to the implementation of full cost pricing and other pertinent details. For the purposes of interpreting Attachment 3, the QCA has given a rating to each council based on how many of these elements are in place. The ratings are: “All”, 100% of the elements of full cost pricing have been implemented; “Most”, 75% or greater of the elements of full cost pricing have been implemented; “Many”, 50% or greater of the elements of full cost pricing have been implemented; “Some”, 25% or greater of the elements of full cost pricing have been implemented; “None”, 0% or greater of the elements of full cost pricing have been implemented, and; “Not achieving FCR”, are those businesses that may have made significant changes to their financial and accounting systems in implementing the reforms, however they are not yet recovering sufficient costs to meet the minimum revenue requirement. 8.2.1 Reform Progress Type 1 Businesses Type 1 SBAs are those identified under the LGA that generate expenditure in excess of $25 million for water and sewerage activities, or $15 million in the case of other activities. The LGA requires that such businesses must implement at least full cost pricing (FCP) within the business activity. To date, nine Type 1 SBAs have been identified and all of them have implemented 100% of the elements of FCP within the timeframe of the scheme (see Attachment 3). Eight of the Type 1 SBAs have been successfully commercialised. Commercialisation requires the council to set in place various competitive neutrality adjustments such as Page 19 Queensland Government Ninth Annual Report to the National Competition Council the inclusion of tax equivalence into costs. The business is required to be run as a separate business unit of the council and various accounting separations are required. The remaining council activity has successfully applied most elements of full cost pricing to its operation. FCP is a more methodical and complete version of full cost recovery. FCP requires the inclusion of tax equivalence and the generation of a commercial return on capital. However, the application of FCP does not require the activity to develop the same level of managerial autonomy from the council that commercialisation does. All nine Type 1 SBAs have established an appropriate complaints mechanism for hearing competitive neutrality. No competitive neutrality complaints were made against the Type 1 SBAs. Type 2 Businesses Type 2 SBAs are those identified under the LGA that generate expenditure in excess of $9.4 million for water and sewerage activities, or $6.2 million in the case of other activities. To date 22 such activities have been identified (see Attachment 3). Progress is as follows: 15 of these SBAs have implemented all the elements of FCP and; 7 of these SBAs have implemented most of the elements of FCP. Eighteen of these SBAs have been commercialised while three businesses are implementing the slightly less rigorous level of reform, Full Cost Pricing. One business has corporatised (Wide Bay Water). All of the existing Type 2 SBAs have instituted a competitive neutrality complaints process. No competitive neutrality complaints have been made against Type 2 businesses to date. Type 3 Businesses Type 3 businesses are those businesses whose annual expenditure exceeds $200,000 and are considered to be in competition or potential competition with the private sector. The benchmark level of reform for a Type 3 business is the adoption of the Code of Competitive Conduct (the Code). Where councils opt to apply the Code to the business in question, they are bound to abide by the Code pursuant to s764 of the LGA. Furthermore, the LGA requires any competitive roads businesses of councils to apply the Code. As stated earlier amendments are currently being considered to ensure building certification businesses are also subject to the code. As of 1 July 2004, there were 232 Type 3 businesses applying the Code. One business advised it had commercialised. Of these 232 Type 3 businesses applying the code: Page 20 Queensland Government Ninth Annual Report to the National Competition Council 91 have provided evidence that all elements of FCP have been applied to the business; 24 indicated that they were applying most of the elements of FCP to the business; 26 indicated that they were applying many of the elements of FCP to the business; 6 indicated that they were applying some of the elements of FCP to the business; 41 were found to not meet any of the requirements of full cost recovery; 44 activities have not been the subject of a resolution to apply the Code or were no longer applying full cost pricing. The majority of the councils which are no longer applying full cost pricing are smaller councils with business activities which face little competition from the private sector. Two Type 3 businesses (Booringa and Pine Rivers) have had competitive neutrality complaints but both complaints have been successfully resolved. Non Type 3 Businesses Non-Type 3 businesses are those businesses that generate greater than $200,000 in expenditure each year and are not considered to be in direct or potential competition with the private sector. These businesses are not required to apply any of the National Competition Policy Reforms, however the Queensland Government encourages them to do so through the FIP. To the 1st of July 2004 there were 468 non-Type 3 businesses that had applied the Code. Of these 468 businesses: 255 provided evidence that they had implemented all of the elements of full cost pricing; 48 indicated that they had implemented most of the elements of full cost pricing; 42 indicated that they had implemented many of the elements of full cost pricing; 21 indicated that they had implemented some of the elements of full cost pricing; 48 were found to not yet be meeting the requirement of full cost recovery; 54 activities have not been the subject of a resolution to apply the Code or were no longer applying full cost pricing. 8.3 Competitive Neutrality Complaint Process Framework for Complaint Processes An amendment to the LGA in December 1997 created the framework for the complaint and accreditation processes for local government business activities to which competitive neutrality reforms are applied. This was modelled on the processes applying at the State Government level, including the role of the QCA. In essence, once a competitive neutrality reform has been applied to any local government business activity, the local government must establish a process to deal with complaints about breaches of competitive neutrality. Details of the processes required were outlined in Queensland‟s 1999 annual report to the NCC. Page 21 Queensland Government Ninth Annual Report to the National Competition Council Establishment of Competitive Neutrality Complaint Processes Of the 633 businesses subjected or committed to competitive neutrality reform to date: 559 local government business activities are subject to a complaint processes (including all type 1 and type 2 business activities); 49 have implemented a partially valid complaint process; 25 have provided no evidence of a valid complaints process; and 98 activities have not been the subject of a resolution to apply the Code or were no longer applying full cost pricing. 8.4 Community Service Obligations Where Local Government Businesses commit to reform, the LGA and the Local Government Finance Standard require them to identify, cost and fund any Community Service Obligations (CSO) associated with the running of their business activities. In relation to the Significant Business Activities (SBA) designated as Type 1 businesses, all have put in place appropriate policies to identify, cost and fund CSOs. In relation to the treatment of CSOs within other businesses: Type Two 11 have identified, costed and funded CSOs; 1 provided evidence of having a policy to identify, cost and fund CSOs but did not identify any CSOs for the particular business activity 8 have identified CSOs that are yet to be costed and funded 1 has not put in place an appropriate policy to identify, cost and fund CSOs. Type Three (competitive) 12 have identified, costed and funded CSOs 134 have provided evidence of having a policy to identify, cost and fund CSOs but did not identify any CSOs for the particular business activity 59 have identified CSOs that are yet to be costed and funded 2 identified and funded CSOs but not provided costings 22 have not put in place an appropriate policy to identify, cost and fund CSOs Page 22 Queensland Government Ninth Annual Report to the National Competition Council Non Type Three (non-competitive) 23 have identified, costed and funded CSOs 252 have provided evidence of having a policy to identify, cost and fund CSOs but did not identify any CSOs for the particular business activity 138 have identified CSOs that are yet to be costed and funded 1 has identified and costed a CSO yet is not receiving funding from council for the provision of the CSO 4 have identified and funded CSOs but have not provided costings 54 have not put in place an appropriate policy to identify, cost and fund CSOs 8.5 Conclusion Excellent progress has been achieved in the application of NCP-related reforms to local governments in Queensland in line with the State's 1996 NCP application statement. Local governments have commenced or made a binding commitment to the competitive neutrality reform in 591 business activities. All large councils, and most small councils have established competitive neutrality complaint mechanisms for these activities as required under the LGA. Page 23 Queensland Government Ninth Annual Report to the National Competition Council 9. Legislation Review 9.1 Background Under Clause 5 of the Competition Principles Agreement (CPA), the Queensland Government, along with all other jurisdictions, is required to review, and where appropriate reform, all existing legislation (as at June 1996) that included restrictions on competition. The guiding principle is that legislation should not restrict competition unless it can be demonstrated that: the benefits of the restriction to the community as a whole outweigh the costs; and the objectives of the legislation can only be achieved by restricting competition. The CPA also requires jurisdictions to: examine all new legislation that restricts competition and provide evidence that the proposed new legislation is consistent with the guiding principle as outlined above; and systematically review all legislation that restricts competition at least once every 10 years to ensure the legislation remains consistent with the guiding principle. The deadline for completing the review and reform of existing legislation was 31 December 2000. In November 2000, the Council of Australian Government (CoAG) agreed to extend the deadline for the completion of the legislation review and reform program to 30 June 2002. Satisfactory implementation of reforms by the due date may include, where justified by a public interest assessment, having in place a firm transitional arrangement that may extend beyond the revised deadline. In November 2000, CoAG also agreed that, in assessing whether the threshold requirement of Clause 5 has been achieved, the NCC should consider whether the conclusion reached in a review report is within a range of outcomes that could reasonably be reached based on the information available to a properly constituted review process. Within the range of outcomes that could reasonably be reached, it is a matter for the responsible government to determine what policy is in the public interest. The Agreement to Implement the National Competition Policy and Related Reforms requires jurisdictions, when proposing new national regulatory standards through Ministerial Councils and other national standards-setting bodies, to set such standards in accordance with the CoAG Principles and Guidelines for National Standard Setting and Regulatory Action. The Commonwealth Office of Regulation Review (ORR) provides advice to the NCC on jurisdictions‟ compliance with the principles and guidelines. 9.2 Scheduled Reviews All jurisdictions were required to develop a timetable for reviewing all existing legislation (as at June 1996) that included restrictions on competition. All jurisdictions are also required to report annually on progress in relation to that timetable. Queensland has essentially completed its review and reform of legislation on the timetable. Details in relation to progress on the outstanding legislation as identified in the NCC‟s 2004 assessment and 2005 assessment framework are included below. Page 24 Queensland Government Ninth Annual Report to the National Competition Council 9.3 Priority Review Legislation 9.3.1 Liquor Act 1992 In 2004, the NCC assessed Queensland as not meeting its CPA obligations with respect to the review and reform of the Liquor Act in relation to arrangements for the sale of bulk takeaway liquor. As a result the Australian Government imposed a permanent deduction of 5 per cent of competition payments in 2003-04 and 2004-05 as it believed Queensland had not reformed, or provided a credible public interest case for its continued restrictions on competition. In 2005, the NCC is seeking information on whether the Government has undertaken appropriate action to meet its CPA obligations in this area. As outlined in previous reports to the NCC, the Queensland Government contends it has completed its review and reform obligations in relation to the regulation of takeaway liquor, and as such no further legislative amendments on this issue have occurred. A properly constituted review process was followed and the current arrangements, with a number of key changes (replacing the public needs test with a public interest test and freeing up club and restaurant sales), were found to be in the public interest. The NCC should be aware that Queensland does not discriminate against supermarket interests selling takeaway liquor rather it merely does not permit this to happen from supermarket shelves. Both Woolworths and Coles-Myer subsidiaries operate a significant number of hotels in Queensland. Woolworths has recently increased their market share in Queensland via a takeover of the Australian Leisure and Hospitality Group Limited (ALH) through Bruandwo Pty Limited (a 75/25 joint venture between Woolworths and The Bruce Mathieson Group). Currently, Woolworths through its 50% ownership of MGW Hotels has interests in 32 hotels in Queensland. The combined market share of Coles-Myer/Woolworths in the Detached Bottle Shop (DBS) market in Queensland is now 28%, making the retailers significant beneficiaries of any increase in the number of approved DBS for each general licence holder. 9.3.2 Agricultural and Veterinary Chemicals (Queensland) Act 1994 The NCC is seeking a report on progress with the review and reform of this legislation which was incomplete owing to interjurisdictional processes. Legislation in all jurisdictions establishes the national registration scheme for agricultural and veterinary chemicals. The Australian Pesticides and Veterinary Medicines Authority administers the scheme. The Australian Government Acts establishing these arrangements are the Agricultural and Veterinary Chemicals (Administration) Act 1992 and the Agricultural and Veterinary Chemicals Code Act 1994. Each state and territory adopts the Agricultural and Veterinary Chemicals Code into its own jurisdiction by referral. The relevant Queensland legislation is the Agricultural and Veterinary Chemicals (Queensland) Act 1994. The Australian Government Acts were subject to a national review that included all jurisdictions. Recommendations from the review were agreed by all jurisdictions. No action is required at State/Territory level to implement changes once they are made to Page 25 Queensland Government Ninth Annual Report to the National Competition Council the Commonwealth Agricultural and Veterinary Chemicals Code Act 1994. The Commonwealth has not yet made all the changes to that Code that flow from the review. Queensland cannot make unilateral amendments to implement the agreed changes. 9.3.3 Fisheries Act 1994 In 2003, the NCC assessed Queensland as advanced in meeting its CPA clause 5 obligations in relation to the Fisheries Act 1994. However, the NCC identified the following recommended reforms as incomplete and is seeking advice for its 2005 assessment on reform progress in relation to these matters: replacing the variety of vessel and occupational licences with a single fishery access licence — implementation is subject to a further review that is under way; increasing the recovery of fishery management costs from fishers and reducing cross-subsidies between fishers — implementation is subject to a further review that is under way; The Queensland Government has approved in principle the release of a public discussion paper incorporating a Regulatory Impact Statement on a proposed new license and fee regime. A public consultation process, which includes two rounds of visits to all major fishing ports in the State, is expected to begin in April 2005. A Public Benefit Test undertaken in respect of the final version of the new license and fee regime will be considered by Government after the public consultation process is completed in mid 2005. If required by the NCC, further details on the proposed new license and fee regime can be provided on the release of the discussion paper. 9.3.4 Transport Operations (Passenger Transport) Act 1994 (taxis) Has the government introduced the foreshadowed formulaic approach to taxi and hire car licence releases and, if so, what impact has this had on taxi and hire car numbers? If there has not been any significant change, does the government have a public benefit case to support its restrictive approach to licence releases? Queensland Transport is in the process of introducing a formulaic approach to taxi and hire car license releases through the current development of a spreadsheet based formula that will be used as a quantitative tool to identify when new licences are required in a taxi service area. It is envisaged this formula will be in place by the end of 2005. Please note the number of licences for hire cars (limousines) is not restricted in any way by regulation. Therefore this formula applies only to taxis. Queensland Transport will provide a report to Cabinet by June 2005 on the criteria to be used. 9.3.5 Nursing Act 1992 The Review of the Nursing Act 1992 was completed in August 2003. The NCC is requesting a response as to whether the Health Legislation Amendment Bill has been passed, as introduced to Parliament in 2004. Page 26 Queensland Government Ninth Annual Report to the National Competition Council The Health Legislation Amendment Bill 2004 was passed, as the Health Legislation Amendment Act 2005, on 24 March 2005. No changes were made to the amendments to the Nursing Act 1992 contained in the Bill. The amendments commenced on 29 April 2005. 9.3.6 Pharmacy Act 1976; Pharmacists Registration Act 2001 The NCC is seeking an update on whether the Health Legislation Amendment Bill, as introduced into Parliament on 19 October 2004, has been passed. In addition, the NCC also wishes to know whether the reforms to be implemented by the new legislation will meet the standard set by the CoAG national review process. The Health Legislation Amendment Bill 2004 was passed, as the Health Legislation Amendment Act 2005, on 24 March 2005. Prior to the Bill‟s passage, a small number of changes were made to the amendments to the Pharmacists Registration Act 2001 contained in the Bill. The amendments to the Pharmacists Registration Act 2001: restrict ownership of a pharmacy business to pharmacists, corporations (whose shareholders and directors are all registrants, or a combination of registrants and specified relatives of the registrants), existing friendly societies operating pharmacy businesses in Queensland or another State, or the Mater Misericordiae Health Services Brisbane Limited (the Mater Private Hospital) prohibit pharmacists from owning, or being a shareholder in, or director of, a corporation that owns more than 5 pharmacy businesses prohibit friendly societies or the Mater Private Hospital from owning more than 6 pharmacy businesses require that friendly societies that own a pharmacy business and demutualise must not own the business for more than 6 months after the day of demutualisation void pharmacy business arrangements that give a person, other than the owner of the business, the right to control how the business is carried on, or to receive consideration that varies according to the profits of the business, or require goods or services for the business to be obtained from a stated person remove the offence that prohibits persons other than pharmacists from practising pharmacy. With the exception of the caps on the number of pharmacy businesses that may be owned, and the provision that voids certain business arrangements, the pharmacy ownership reforms implemented by the amendments are consistent with the Wilkinson Review recommendations. The amendments are in accordance with the minimum amendments required for NCP purposes as agreed to between the Prime Minister and the Premier. The amendments commenced on 29 April 2005. 9.3.7 Health Act 1937 (drugs and poisons) The NCC is seeking a report on progress with the review and reform of this legislation which was incomplete owing to interjurisdictional processes (implementation of the recommendations of the Galbally review). Page 27 Queensland Government Ninth Annual Report to the National Competition Council As previously advised, Queensland has amended its legislation as far as possible to implement the Galbally reforms. Additional amendments to implement the reforms depend on prior action being taken by other parties under national processes (for example, development of an industry code of practice regarding the supply of clinical samples). This action has still not been taken. 9.3.8 Legal Practitioners Act 1995; Queensland Law Society Act 1952 The NCC is seeking a report on progress in relation to professional indemnity insurance which was incomplete owing to interjurisdictional processes. In addition, has Queensland reconsidered the reservation of conveyancing work to lawyers? Work is still progressing on the interjurisdictional professional indemnity insurance issues. There is a working group including representatives of Ministers and of the profession. National minimum terms of insurance have been devised and work is now focussed on how these terms can be used to facilitate national practice, for example through an exemption system. In 2003, Queensland provided the Council with a copy of the Competition Impact Statement (CIS) which reported the outcome of the legal practitioners legislation review process. The CIS reported the review recommended conveyancers be licensed to operate in Queensland based generally on the regulatory arrangements operating in New South Wales (with a two year transition period). The CIS also reported the Government did not support these recommendations as it is of the view that to do so would not be in the public interest (the CIS provides more detail in this regard). As a result, the Government does not intend to remove the conveyancing practice restrictions in Queensland‟s legal practitioners legislation. In further representations to the NCC, Queensland has expanded on its concerns about licensing conveyancers to practise in Queensland including: - high settlement agents fees in Western Australia by Queensland standards indicating that the presence of settlement agents in the market in Western Australia does not guarantee greater competition; - the failure of conveyancer fidelity cover in other jurisdictions and the associated risk to public funds under a statutory scheme [and in this context, the failure of a Victorian unlicensed conveyancer which closed its doors owing a reported $6-9M illustrates the extent of the potential risk, a risk which a licensing system would not avert]. 9.3.9 Travel Agents Act 1988 The NCC is seeking a report on progress with the review and reform of the Travel Agents legislation which was incomplete owing to interjurisdictional processes. In particular, has Queensland completed the implementation of the working party recommendations, as endorsed by the Ministerial Council on Consumer Affairs in November 2002? Queensland is in the process of completing the implementation of the following working party recommendations: 1. introduce revised qualification requirements for licensed travel agents; 2. exempt travel agents from multiple jurisdiction licensing when they advertise across boarders but do not have offices in those other jurisdictions; Page 28 Queensland Government Ninth Annual Report to the National Competition Council 3. lift the licensing threshold from $30 000 to $50 000 gross turnover for the domestic only category of travel agents; and 4. remove the licensing exemption from crown owned businesses. Implementing changes 1, 2, and 3 required amendment of the Travel Agents Regulation 1998. This has been completed and the relevant amending regulation commenced on 1 April 2005. Item 4 is referenced in the Act and therefore requires the preparation of a Bill to effect that change. A Bill is proposed to be introduced before the end of 2005. 9.3.10 Auctioneers and Agents Act 1971 (maximum commissions for auctioneers and real estate agents); Property Agents and Motor Dealers Act 2000 The NCC is seeking an update on the completion of the Government’s review of real estate commissions, and whether the Queensland Government has implemented any subsequent reforms. Final assessment of this issue was postponed pending Queensland‟s review of the matter. A review of commissions was conducted in 2003 which resulted in steps being taken to deregulate all commissions and buyer premium fees, except commissions for real estate transactions (both private treaty and auctions). The Queensland Government determined, when deregulating all commissions (except for real estate), that a further review of real estate commissions should be undertaken in late 2004. The preliminary stages of this review have now commenced. A draft terms of reference and methodology have been prepared. 9.3.11 Trade Measurement Act 1990 The NCC is seeking a report on progress with the review and reform of this legislation which was incomplete owing to interjurisdictional processes. A national review was undertaken in two stages (with Queensland as the lead agency): Stage 1 concluded that most restrictions were justified, but recommended further investigation on a restriction on the sale of non-prepacked meat; and Stage 2 involved undertaking a Public Benefit Test (PBT) in relation to the sale of non-prepacked meat. The public benefit test report received final approval and endorsement by the Ministerial Council on Consumer Affairs out of session on 1 June 2004. The final PBT report recommended that: the definition of meat be reviewed to determine whether it should expressly include seafood and poultry and to clarify when specialised meat products cease to be meat for the purposes of the restriction; Trade Measurement Victoria commence the review within twelve months; and the Trade Measurement Advisory Committee (TMAC) be involved in the review and decision-making process. Page 29 Queensland Government Ninth Annual Report to the National Competition Council Whether any further action is required from Queensland in redefining the definition of meat, is dependent on the outcome of the further review being undertaken by Trade Measurement Victoria. 9.3.12 Gaming Machine Act 1991 What is the outcome of the Gaming Commission’s consideration of the application for removal of the 40 per cent cap on monitoring operators’ share of the gaming machine market? Has the government changed its policy on this cap? In August 2004 the Treasurer wrote to Licensed Monitoring Operators (LMOs) advising that the lifting of the condition of LMO licences restricting market share to 40% of approved gaming machines is a matter for the Queensland Gaming Commission (QGC). The Treasurer noted that the Queensland Government has no objection to the lifting of the restriction. On 26 October 2004 the QGC considered submissions from two LMOs requesting the restriction on LMO market share be lifted. This request was approved, and section 3.3 of Schedule A attached to all LMO licences which imposed the 40% maximum market share was deleted. 9.4 Non-Priority Review Legislation In its 2005 assessment, the NCC is seeking an update of the status of the following nonpriority legislation in which review and reform activity was incomplete at the time of the 2004 assessment. 9.4.1 Consumer Credit Legislation Consumer Credit (Qld) Act 1994, Consumer Credit Regulation 1995, Consumer Credit Code As noted by the NCC in the 2004 assessment, key recommendations of the national review of consumer credit legislation were to: maintain the current provisions of the Code and, as per the Post Implementation Review, review the definitions of the Code to ensure that the terms 'conditional sale agreements', 'terms sale of land', 'tiny terms contracts' and 'solicitor lending' were brought within the scope of the Codes; and provide for a simplified "Schumer Box" format containing essential financial information to enhance the disclosure provisions within the Code. A consultation review document relating to the definitions is being prepared by Queensland and when complete, will be released for consultation. A discussion paper relating to the "Schumer Box" has been prepared by NSW. Legislative amendments to give effect to these recommendations are to be combined with e-commerce amendments into one Bill. This Bill will be introduced in June 2005. 9.4.2 Financial Intermediaries Act 1996 The Act provides prudentially-based supervision of cooperative housing societies, terminating building societies and other similar entities. It had been proposed to repeal Page 30 Queensland Government Ninth Annual Report to the National Competition Council the Act without review on the expectation that the supervision of all such institutions would be transferred to the Australian Government following the establishment of APRA. However, some cooperative housing societies do not meet the solvency requirements for transfer. The Act is being retained pending a long term policy solution for the administration of co-operative housing societies. The Act was included in the original 1996 Legislation Review Timetable in line with the Queensland Government policy at the time that an Act should be listed based on a preliminary assessment that it may contain potentially restrictive provisions, even relatively minor restrictions. The more detailed identification of restrictive provisions which forms part of the review process was not undertaken because it was expected that the Act would be repealed. Due to delays encountered in transferring regulatory responsibilities to APRA, it was subsequently decided to examine the legislation more closely. That examination suggested any potentially restrictive provisions are designed to perform normal prudential functions and not with the intent to restrict competition per se. This and the fact that the popularity of the entities it regulates has declined markedly in the face of greater responsiveness and product diversity in the housing finance market (it has never been more than a very small part of the market in Queensland) means any impact on competition that may exist is small and decreasing. Since Queensland‟s previous Report to the NCC, Treasury, in conjunction with Queensland Treasury Corporation (QTC)2, has continued to progress the examination of options for the future regulation of cooperative housing societies. In June 2004, the Treasurer endorsed consultations with key stakeholders on the possible transfer of societies from State-based regulation to regulation under the Corporations Act 2001 (Cth). QTC has recently completed its initial round of consultations with society managers and the providers of non-guaranteed source funding. These consultations and further scrutiny of future regulatory options have revealed certain matters requiring resolution before repeal of the Act and full transition to regulation under Corporations law can be contemplated. As previously advised, one obstacle remains the solvency of societies. Consistent with advice previously provided to the NCC, it remains the Government‟s intention to repeal the Act when circumstances permit. 9.4.3 Land Act 1994 This legislation provides for the administration and management of non-freehold lands and the legal creation of freehold land. A targeted public review was completed in May 1999. The review examined two restrictions: prohibiting corporations from holding perpetual leases for grazing or agricultural purposes; and limiting the number of living units that non-freehold land owners may aggregate. The Government directed further consultation with targeted groups in 2001, however has not yet made a decision on this issue. 2 From 1999 QTC was delegated the role of the prudential supervisor of co-operative housing societies following the dissolution of the Queensland Office of Financial Supervision. Page 31 Queensland Government Ninth Annual Report to the National Competition Council 9.4.4 Trustee Companies Act 1968 A combined review, co-ordinated by New South Wales, is being undertaken in conjunction with the development of new uniform trustee company legislation. A draft Trustee Corporations Bill and NCP Review Report was prepared on the basis that the Commonwealth Government, through the Australian Prudential Regulatory Authority (APRA) would undertake prudential supervision of trustee companies in accordance with a previous agreement between the States and the Commonwealth Government. However, the Commonwealth Government later declined to do so. The State Attorneys made further representations on the issue to the Commonwealth Attorney-General. The Commonwealth has recently formally advised that it has again rejected the States' request for APRA to have a role in the regulation of trustee companies. The States will need to reconsider the matter. The timing of any legislative changes would be subject to the resolution of these issues through (Standing Committee of Attorneys-General (SCAG). The delay in completing review and reform of this legislation is entirely due to the Commonwealth‟s decision, at the very last minute, to abrogate the previous agreement. The situation is further complicated in that a number of jurisdictions have disbanded their previous regulatory structures in anticipation of the agreed outcome and would need to reconstitute State-based regulation duplicating that provided by APRA. For these reasons, Queensland believes it and other States and Territories should not be penalised by the NCC when it is undertaking its 2005 assessment in relation to this legislation. Page 32 Queensland Government Ninth Annual Report to the National Competition Council 9.5 New Legislation Clause 5(5) of the CPA requires all proposals for new primary and subordinate legislation that restricts competition to be accompanied by evidence that the legislation is consistent with the clause 5 guiding principle. For its 2005 assessment, the NCC is seeking further information to that provided in jurisdictions’ 2003 reports on their “gatekeeping” arrangements -- in particular, the roles and responsibilities of their gatekeeping mechanism, its powers, reporting obligations and the types of legislation it assesses. In this respect, the NCC is seeking detailed information on whether: all legislation that contains non-trivial restrictions on competition is subject to formal regulatory impact assessment of all legislation; there are published guidelines for conducting regulation impact analysis; impact assessment guidelines specifically embody the CPA clause 5 guiding principle; there is independent body that advises on and monitors compliance; and there are processes in place to ensure that all agencies adhere to gatekeeping requirements? 9.5.1 Gatekeeping arrangements Queensland‟s gatekeeping arrangements, which were outlined in its 2003 progress report, comply fully with the State‟s NCP obligations under Clause 5(5) of the CPA. Under the Queensland Government‟s gatekeeping arrangements, all new (including amending) legislation that restricts competition must be subject to a public benefit test prior to its consideration by Cabinet. The type and scope of each review is determined in accordance with the Queensland Government‟s Public Benefit Test Guidelines issued by Queensland Treasury, which also monitors compliance. In addition to the NCP gatekeeping requirements for all new primary and subordinate legislation, under the Statutory Instruments Act 1992, any proposed subordinate legislation which is likely to impose appreciable costs on the community or a part of the community must have a Regulatory Impact Statement (RIS) prepared before the legislation is made. The Act includes guidelines on what must be included in the RIS. The section of the Act relating to the conduct of RIS is administered by the Business Regulation Review Unit (BRRU) within the Department of State Development, which also provides more detailed guidelines and advice on the conduct of RIS. Queensland has established processes for ensuring rigorous analysis of new legislation that restricts competition and does not support there is a need to establish a separate regulatory impact assessment body to demonstrate compliance with CPA clause 5. Queensland Treasury and BRRU provide specific advice on regulatory matters to Cabinet through established Cabinet processes. As stated in its 2003 progress report, the requirement for a separate independent body is beyond the scope of the CPA and should not form part of the NCC‟s assessment criteria for 2005. As part of Queensland‟s gatekeeping arrangements, all Departments are required to consider interjurisdictional consistency (or harmonisation) when assessing regulatory impacts. In 2004-05, 60 Acts and 288 Regulations were enacted. As part of Queensland‟s gatekeeping requirements, all draft legislative proposals are examined to ensure that any potential restrictions on competition are identified. Page 33 Queensland Government Ninth Annual Report to the National Competition Council If a potential restriction, which imposed an appreciable impact on the community, was identified, a public benefit test and/or a regulatory impact assessment was carried out on the restriction. Restrictions were only retained if it was held that they were necessary to achieve the objects of the legislation and were in the public interest. Attachment 2 lists all legislation passed during 2004-05 and, where applicable, describes the potential impacts on competition. Table 9.1 summarises the number of new Acts and subordinate legislation which were examined as part of the gatekeeping process during 2004-05. Table 9.1: New legislation gatekeeping Status Legislation assessed as administrative only; or no restrictions identified; or restriction identified but has no appreciable impact on competition. Restriction(s) identified but RIS* or PBT** not undertaken – restriction assessed to be justified to meet health or social objectives. RIS or PBT undertaken Total Acts 58 Subordinate Legislation 269 2 11*** 0 60 8**** 288 *RIS - Regulatory Impact Statement; ** PBT - Public Benefit Test; *** May not include instances where the subordinate legislation supports principal legislation which was subject to a PBT; **** May include instances where a combined PBT was undertaken of the principal and subordinate legislation. 9.5.2 Review of certain aspects of the Workers’ Compensation and Rehabilitation Act 2003 In a letter dated 21 February 2005, the Council requested it be appraised of the progress of any legislative amendments associated with the current review of licensing requirements for self insurers. The Department of Industrial Relations is currently reviewing the self-insurance licensing criteria, the use of allied health services, exclusive claims management by WorkCover Queensland, and workplace rehabilitation aspects of the Workers’ Compensation and Rehabilitation Act 2003. The Review arises from recommendations of a 2000/01 National Competition Policy Legislation Review of the workers‟ compensation legislation (then the WorkCover Queensland Act 1996). The 2000/01 Review Steering Committee raised concerns about the potential impact on the workers‟ compensation market in Queensland from integrating a diverse package of reforms at one time. The Committee recommended that the impact of introducing competition into five aspects of the scheme be considered once other changes were absorbed. One of these aspects was resolved in 2004 by amendments removing limitations on payments by WorkCover Queensland for private hospitalisation. The other four aspects are being examined as part of the current review. A discussion paper canvassing potential options for introducing greater competition into the four aspects under review was released for public comment in March 2005. Recommendations will be made to the Minister for Employment, Training and Industrial Relations by the end of the financial year based on the original National Page 34 Queensland Government Ninth Annual Report to the National Competition Council Competition Policy Legislation Review findings and the outcome of the current consultation process. Implementation of any recommendations resulting from the review will take place in the second half of 2005. - End - Page 35 Attachment 1 –Review of Full Retail Competition Preferred Trading Arrangements (PTAs) to be costed Table 1 below sets out the high level characteristics of the alternative PTAs to be costed by both the retail and distribution businesses in Ergon Energy and ENERGEX. Table 1 Description of the PTA: Alternatives to be costed Key Characteristics with interval Customers proposing to enter the competitive market must install an interval meter (Type 5) Interval meters for new and replacement meters The incremental cost of interval meters is included in distribution charges and recovered over the anticipated life of the meter Interval metered customers‟ meters are read monthly Energy for the remaining franchise customers is allocated on the basis of the residual profile, administered by NEMMCO, reflecting load measured at the distribution business boundary (2 profiles only). Customers proposing to enter the competitive market must install an interval meter (Type 5) Over and above those customers assumed to churn, further interval meters are installed so that, over a 11 year period, all current franchise customers become interval metered The incremental cost of interval meters, both for contestable customers and for the accelerated rollout, is included in distribution charges and recovered over the anticipated life of the meter Customers‟ meter reads continue on the current cycle (quarterly for residential customers) Energy for the remaining franchise customers is allocated on the basis of the residual profile, administered by NEMMCO, reflecting load measured at the distribution business boundary (2 profiles only). Description 1 Competition metering 2 Competition with interval metering: accelerated meter rollout 3 Profiling with interval meters as new and replacement meters Energy for franchise and contestable customers is allocated on the basis of the residual profile, administered by NEMMCO, reflecting load at the distribution business boundary (2 profiles only) Energy use for customers whose premises are interval metered determined by meter Customers meter reads continue on the current cycle (quarterly for residential customers) The incremental cost of new and replacement interval meters is included in distribution charges and recovered over the anticipated life of the meter Customer meter reads continue on the current cycle (quarterly for residential customers). General assumptions to be applied to each of the PTAs Table 2 below sets out the general assumptions to be used by Ergon Energy and ENERGEX in preparing the cost estimates in relation to the PTAs identified above. Table 2 Issue Start date of FRC Time period to be considered in costing Customer churn by year Interval meter type, where required Community Service Obligation (CSO) Cost reimbursement Maximum Uniform Tariff (MUT) General assumptions required for the PTA Assumption 1 January 2008 5 years See Table 3 below Type 5 To be delivered by a distribution levy Distributors‟ legitimate costs determined by the Regulator The structure of the MUT is assumed to be consistent with the churn assumption given in Table 3 below Consistent with the treatment in the majority of other NEM states (eg the distribution business will be the MDA for all small residential and commercial customers. No Queensland specific derogations are sought. No additional consumer protections are introduced. The current ring-fencing rules are retained. All Other Issues Churn Estimates - Alternative PTAs Table 3 below provides projections of the churn rates to be used when costing the alternative PTAs for FRC. These estimates are necessarily based on a judgement of the relative magnitude of churn associated with the alternative market structures and drawing on experience in other Australian states following the introduction of FRC. For the purpose of differentiating between new and repeated churn, Ergon and ENERGEX should assume that for the first two (2) years 100 percent of the churn is new and thereafter, 85 percent of the churn represents net new customers entering the contestable market. Table 3 Churn Projections, Alternative PTAs, % of franchise customers by retailer PTA Description Year 1 Year 2 Year 3 Year 4 Year 5 Competition with interval metering Total Market ENERGEX Ergon Energy 1 1.5 0.1 2 2.9 0.3 3.5 5.1 0.5 5 7.3 0.7 5 7.3 0.7 Competition with interval metering: accelerated meter roll-out Total Market ENERGEX Ergon Energy 3 3.5 2.1 7 8.1 5 10 11.5 7.2 10 11.5 7.2 10 11.5 7.2 Profiling with interval meters as new and replacement meters Total Market ENERGEX Ergon Energy 4 4 4 9 9 9 15 15 15 15 15 15 15 15 15 Attachment 2 --New Legislation: Queensland 2004-05 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No. Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? Potential restrictions on competition arising from the ban on home brew were considered Yes Yes No - no business impacts The amendments were not specifically examined for potential restrictions on competition because as the summaries below show they were generally of an administrative nature, drafted to: ensure the currency of fees and allowances; make consequential amendments as a result of changes in other legislation; enact new, and make changes to current, subordinate legislation in support of primary acts (NCP issues were considered during development of the primary legislation); and ensure that the education legislation is consistent with departmental and federal government policy changes. Any amendments involving a fee or allowance increase were firstly submitted to CBRC and consultation was undertaken with the Department of Treasury. Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? Aboriginal and Torres Strait Islander Policy Child Safety Child Safety Corrective Services Education and the Arts Community Services Amendment Act 2004 and Other Legislation No potential restrictions identified Child Safety Legislation Amendment Act (No. 2) 2004 Child Safety Legislation Amendment Act 2004 Child Protection (Offender Reporting) Act 2004 Education Legislation Amendment Act 2004 No No No No No No N/A N/A N/A N/A N/A N/A Attachment 2 – page 1 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? no Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? yes Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? No impact assessment was undertaken, however, it was identified that:• there will be significant benefits for the community as the distribution entities will be more accountable for the performance of their networks, with improvements to reliability and service delivery expected; and • in the absence of competitive market forces, regulatory arrangements should be put in place to ensure that appropriate standards of service are met. In this context, the proposed minimum service standards and guaranteed service levels only apply to the monopoly elements of ENERGEX and Ergon Energy’s businesses (the distribution networks and the franchise customer bases). Similar arrangements already exist in other jurisdictions; and • the majority of customers will not be adversely affected by the amendments, given that the Government has made a commitment that franchise electricity prices will not rise above CPI, regardless of the new regulatory and other arrangements. Accordingly, there are no major issues in terms of national competition policy. 13% Scheme - Potential costs were examined in the review report as were expected benefits. The Review Report concluded that the benefits were expected to outweigh the costs. An Impact Assessment was conducted although this is subject to Cabinet in Confidence. ECPO Amendments - N/A Statutory Authorities Amendments - N/A GOC Amendments - N/A & Powers Energy Electricity Amendment Act (No. 2) 2004 YES. Some elements of the amendments (ie. minimum service standards and guaranteed service levels with which electricity distribution entities must comply) could be viewed as a barrier to entry and therefore act as an impediment to competition. Energy Electricity Amendment Act 2004 13% Scheme Amendments - NO 13% Scheme - Yes, an NCP review of the amendments was conducted. 13% Scheme - Potential costs were identified. Energy Energy Energy Electricity Amendment Act 2004 Electricity Amendment Act 2004 Electricity Amendment Act 2004 ECPO Amendments - NO Statutory Authorities Amendments - NO GOC Amendments - NO & Powers ECPO Amendments - YES Statutory Authorities Amendments - YES & Powers ECPO Amendments - NO Statutory Authorities & Amendments - NO restrictions GOC Amendments - No Powers GOC Amendments - Yes, amendments reviewed by Treasury's Regulatory & InterGovernmental Relations Unit Attachment 2 – page 2 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No No No No No No No Yes. It incorporates and replaces the Legal Profession Act 2003 and includes further Parts from the national model laws in the areas of external administration, fidelity fund, multi-disciplinary practices and registered foreign lawyers. The remaining parts of the national model laws in relation to trust accounts, client agreements and costs review are proposed to be progressed in a Bill later in the year. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. No No Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? Yes Yes Yes Yes Yes Yes Yes Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Housing Industrial Relations Justice and Attorney-General Justice and Attorney-General Environmental Protection and Other Legislation Amendment Act 2004 Marine Parks Act 2004 Nature Conservation Amendment Act 2004 Southern Moreton Bay Islands Entitlements Protection Act 2004 Development No No No No No No No N/A N/A N/A N/A N/A N/A Building and Construction Industry Payments Act 2004 Workers’ Compensation and Rehabilitation and Other Acts Amendment Act 2004 Justice and Other Legislation Amendment Act 2004 Legal Profession Act 2004 Justice and Attorney-General Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Professional Standards Act 2004 Integrated Planning and Other Legislation Amendment Act 2004 Local Government (Community Government Areas) Act 2004 Southern Moreton Bay Islands Entitlements Protection Act 2004 Development Yes Yes No No N/A N/A No Yes No N/A No Yes No N/A Attachment 2 – page 3 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No No No No No No No No N/A No No No No No No Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes No - no competition implications. No - minor amendments having no competition implications. Yes Yes yes Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? N/A N/A N/A N/A N/A N/A Yes and Yes N/A N/A N/A N/A N/A N/A N/A N/A Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Premier and Cabinet Premier and Cabinet Premier and Cabinet Premier and Cabinet Premier and Cabinet Aurukun Associates Agreement Repeal Act 2004 Geothermal Exploration Act 2004 Mineral and Other Legislation Amendment Act 2005 Natural Resources and Other Legislation Amendment Act 2004 Natural Resources Legislation Amendment Act 2004 Petroleum (Submerged Lands) Amendment Act 2004 Petroleum and Gas (Production and Safety) Act 2004 Petroleum and Other Legislation Amendment Act (No. 2) 2005 Petroleum and Other Legislation Amendment Act 2004 Vegetation Management and Amendment Act 2004 Other Legislation No No No No No No Yes. Third party access to petroleum facilities No N/A No No N/A No No No Commission for Children and Young People and Child Guardian Amendment Act 2004 Freedom of Information Amendment Act 2004 Parliament of Queensland Amendment Act 2004 Statute Law (Miscellaneous Provisions) Act 2004 Terrorism (Community Safety) Amendment Act 2004 Attachment 2 – page 4 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? Yes Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? No, the urgent time constraints surrounding this legislative exercise did not permit the making of a RIS or PBT (in any event, a RIS is not required in Queensland in respect of amendments to primary or principal legislation, as distinct from the making of subordinate legislation where a RIS may be required. It is intended to review the entire Plant Protection Act 1989 once new Biosecurity (Animal Health) legislation is enacted in Qld (proposed to be within the next 12 months) with a view to developing a new Biosecurity (Plant Health) Act, at which time NCP issues will be fully addressed, including the conduct of a PBT. No, the repeal of the SML Act implemented a recommendation from a previous NCP review (which included a PBT). The NCP-related amendment to the Fisheries Act did not require a PBT as the decision had been taken by the Government to remove the requirement for an administrative approval for quota transfers as it was seen as no longer necessary for efficient fisheries management. N/A N/A Primary Industries and Fisheries Plant Protection Amendment Act 2004 Yes, See Note 1 below for further details. Primary Industries and Fisheries Primary Industries Amendment Act 2004 and Fisheries Legislation No for the majority of the provisions in the Act, but two provisions were NCP-related, only one of which (dealing with the repeal of an entire Act) flowed from a previous NCP review. Yes No, but the Act specifically provided for the removal of a NCP restriction from the Fisheries Act (relating to the need for an administrative approval for quota transfers) and for the repeal (in total) of the Sawmills Licensing Act (SML Act) Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries Bodies Reform Amendment Act 2004 Rural Adjustment Authority Amendment Act 2004 No No Yes Yes No No Sugar Industry Reform Act 2004 No Yes No N/A. The Act removed certain restrictions from the Sugar Industry Act 1999, namely to free-up the process of growing sugar cane and the supply arrangements from growers to millers as part of a reform package agreed by State and Federal Governments and the sugar industry following reports by two independent consultants, one reporting to the Federal Gov’t (Mr Clive Hildebrand) and the other reporting to Attachment 2 – page 5 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? the Qld Gov’t (Centre for Independent Economics/CIE). N/A N/A As quoted above, potential restrictions on competition were found to be in the public interest. Public Works Queensland Health State Development and Innovation Duties Amendment Act 2004 Tobacco and Other Smoking Products Amendment Act 2004 Biodiscovery Act 2004 No. No No No - duty 2004 election initiatives - no competition issues have arisen. Yes The Biodiscovery Act 2004 was examined for potential restrictions on competition. A Public Benefit Test/Regulatory Impact Statement was prepared in accor¬dance with the National Competition Policy principles, in consultation with Queensland Treasury and formed part of the Authority to Introduce the Biodiscovery Bill. N/A No The conclusion of that process was that: “the change to the regulatory burden is considered to have minimal impact compared with the status quo. Implementing a streamlined regime will reduce the burden facing industry whilst increasing the areas to which they may apply for access. Further, the imposition of Benefit Sharing Agreements will ensure all Queenslanders derive a benefit from the State’s rich biodiversity and ensure compliance with Australia’s international obligations. Therefore it is considered that net benefits (financial and otherwise as stipulated above) and the prestige associated with Queensland being the first Australian jurisdiction to implement a legislative framework to meet Australia’s commitments under the Convention of Biological Diversity justify the introduction of the Biodiscovery Bill.” No Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Transport and Main Roads Liquor Amendment Act 2004 No Yes N/A Partnership and Other Acts Amendment Act 2004 No Yes No N/A Residential Services Amendment Act 2004 and Other Legislation No Yes No N/A Transport and Other Legislation Amendment Act (No. 2) 2004 Attachment 2 – page 6 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No. Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? No. The amendments simply clarified the test to be applied when determining whether a person is an appropriate person to hold and continue to hold a tow truck licence or certificate and inserted new grounds on which disciplinary action could be taken against existing licence/certificate holders No. Procedural change - Sections 70 and 71 refer to an amendment to require the Registrar of Titles to note on leasehold titles where land was being compulsory acquired by QT or MR No. Amendments reflected Crown Law wording changes request. Yes No. Amendments (i) inserted new grounds for amending, suspending or cancelling an 'approval' issued by Queensland Transport; and (ii) expanded the power of transport inspectors to stop and inspect vehicles to include inspections under the Explosives Act 1999. No. The amendments allow for the introduction of a self-assessable code for local government road works to ensure consistency and certainty about road requirements for the provision of public passenger transport. Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? Transport and Main Roads Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 1A - Amend Tow Truck Act Transport and Main Roads Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 2 - Amend Transport Infrastructure Act No. Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 2A - Amend Transport Operations (Marine Safety) Act Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 3 - Amend Transport Operations (Passenger Transport) Act Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 4 - Amend Transport Operations (Road Use Management) Act No. No No. No Transport and Main Roads Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 5 - Amend Transport Planning and Coordination Act No. Attachment 2 – page 7 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No. Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? No. The primary purpose of this Part was to integrate QT's transport planning approval mechanisms which currently sit in section 145 Transport Operations (Passenger Transport) Act and section 258 Transport Infrastructure Act into the IDAS (Integrated Development Assessment System) framework under IPA (Integrated Planning Act 1997). The amendments do not introduce market entry restrictions or limit development competition. The amendments are consistent with the processes set out in the IPA and are consistent with current legislation and process. The planning approval process are also consistent with the intention of the existing transport legislation. Accordingly, neither a public benefit test or a RIS was undertaken. Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? Transport and Main Roads Transport and Other Legislation Amendment Act (No. 2) 2004 - Part 6 - Amend Integrated Planning Act 1997 Transport and Main Roads Transport and Main Roads Transport and Other Legislation Amendment Act 2004 Transport and Other Legislation Amendment Act 2004 - Part 2 - Amend Transport Infrastructure Act No. No. Procedural change - Section 260 made QR liable for certain works on existing railways . This applied even if QR had surrendered the lease to that railway. Section 260A provides for a transfer of these obligations where QR has surrendered the lease and the railway has been subleased to another railway manager. Section 239A provides a process to cover where leasehold land has been compulsory acquired to construct a railway, then QT is deemed to represent the state rather than DRNM , until the railway line is built and land registration is corrected. Transport and Main Roads Transport and Main Roads Transport and Other Legislation Amendment Act 2004 - Part 3 - Amend Transport Operations (Marine Safety) Act Transport and Other Legislation Amendment Act 2004 - Part 4 - Amend Transport Operations (Passenger Transport) Act No. No No. Amendment concerned clarification of the need to not gazette speed limits. Yes. No Attachment 2 – page 8 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No. Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? No. Amendments deal with procedural matters re amending, suspending or cancelling 'approvals' issued by QT, local laws regarding traffic matters and the giving of false/misleading statements to QT officials. No. Procedural change - The TP&C Act was amended to require the Registrar of Titles to note on the leasehold titles where the land or part of the land was being compulsory acquired by QT and DMR . No. Procedural change. The Land Act 1994 and the Land Title Act 1994 were amended by DRNM to allow volumetric subdivision of leasehold land based upon similar divisions for freehold land in the Land Titles Act 1994. In addition the provisions allowed Building Management Statements to be registered between leasehold transport corridor land and freehold land. Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? Transport and Main Roads Transport and Other Legislation Amendment Act 2004 - Part 5 - Amend Transport Operations (Road Use Management) Act Transport and Main Roads Transport and Other Legislation Amendment Act 2004 - Part 6 - Amend Transport Planning and Coordination Act No. Transport and Main Roads Transport and Other Legislation Amendment Act 2004 - Part 7 - Amend Land Act 1994 - Part 8 - Amend Land Title Act 1994 No. Transport and Main Roads Transport and Main Roads Transport Infrastructure Amendment Act 2004 Transport Infrastructure Amendment Act 2004 - Part 2 - Amend Transport Infrastructure Act No. No. Amendments dealt with the investigation of rail incidents and the handling of information collected during investigations. No. Amendments dealt with the handling of information collected during rail investigations and provided to the Coroner. Transport and Main Roads Transport Infrastructure Amendment Act 2004 - Part 3 - Amend Coroners Act 2003 No. Transport and Main Roads Treasury Treasury Treasury Transport Infrastructure Amendment Act 2004 - Part 4 - Amend FOI Act 1992 Appropriation (Parliament) (Supplementary 2003-4) Act 2005 Appropriation (Parliament) Act 2004 Appropriation (Supplementary 2003-4) Act 2005 No. No. Amendments dealt with access to information collected during rail investigations. Yes Yes Yes No No No N/A N/A N/A No. Deals with appropriation of funds. No. Deals with appropriation of funds. No. Deals with appropriation of funds. Attachment 2 – page 9 Department Legislation Title: Acts as Passed Q1: Was the primary purpose of the legislation or legislative amendments to implement the recommendations of an NCP Review of existing legislation? If so, were the legislation or amendments consistent with the recommendations of the review? No. Deals with appropriation of funds. No Q2: If the proposed legislation or amendments were not intended to implement the recommendations of an NCP Review of existing legislation, were they examined for potential restrictions on competition? If not, why? Yes No - amendments giving legislative support to CAC levy exemptions already provided under administrative arrangement. Q3: If the answer to Question 2 was ‘yes’, were any potential restrictions on competition identified? If so, what was the nature of each restriction? Q4: If potential restrictions on competition were identified, was a Public Benefit Test undertaken or a Regulatory Impact Statement prepared? If so, were the restrictions found to be in the public interest? N/A N/A Treasury Treasury Appropriation Act 2004 Community Ambulance Cover Amendment Act 2004 No N/A Treasury Treasury Treasury Duties Amendment Act (No. 2) 2004 Gambling Legislation Amendment Act 2004 Pay-roll Tax Administration Amendment Act 2004 No. No. No. No - 2004-05 budget duty amendments no competition issues raised. No - 2004-05 budget duty amendments no competition issues raised. No - administrative amendments only rather than changes to liability rules. No competition issues raised. No. General legislative maintenance amendment Bill - no competition issues raised. Not specifically, however the subject matter of the Act does not restrict competition. The Act amended existing legislation to close the Parliamentary Scheme to new members and provided for new MLAs to become members of QSuper, reduced the rate of surcharge (in line with Commonwealth amendments), made a number of miscellaneous amendments and incorporates amendments made to the Family Law Act 1975 (Commonwealth) into the Governors (Salary and Pensions) Act 2003 and the Judges (Pension and Long Leave) Act 1957. Yes N/A N/A N/A N/A N/A N/A Treasury Revenue Legislation Amendment Act 2004 No N/A N/A Treasury Superannuation Legislation Amendment Act 2004 No N/A N/A Treasury TAB Queensland Limited Privatisation Legislation Amendment Act 2004 No N/A N/A Notes: Note 1: A citrus canker disease outbreak at Emerald in mid 2004 required a strong and immediate response from the Department of Primary Industries and Fisheries (DPI&F) to eradicate the disease and prevent its spread. The potential losses to the Queensland and Australian citrus industry are enormous if the disease is not contained. Initially, DPI&F utilised existing powers under the Plant Protection Act 1989 (PP Act) to control this disease. The exercise of those powers was the subject of attempted challenge in the Supreme Court of Queensland. The Government’s legal advice was that the PP Act should be amended to clarify the extent of powers that can be exercised under the quarantine power of the PP Act. Attachment 2 – page 10 Given that the eradication of canker may take up to two years, it was considered that the PP Act needed to be urgently amended to clarify and widen the powers available to DPI&F to address some areas in which it lacked the necessary specificity and was considered inadequate for the requirements of modern-day disease control. Consequently, amending legislation (which was duly enacted as the Plant Protection Amendment Act 2004) was developed at short notice and as a very high priority to amend the PP Act in a number of areas. This amending Act: (i) Removed the ability of owners of diseased properties to seek injunctions to prevent eradication. That is, to remove the court’s power to grant an order of any kind relating to actions specified by the Minister that are taken by the Minister, the chief executive or an inspector that would stop any of them from taking actions critical to the control or eradication of the infestation in relation to an outbreak or suspected outbreak of a prescribed serious exotic pest or disease during a quarantine. The urgent actions covered by the provisions will be things such as: the destruction of infested plants and a buffer zone of plants when there is no treatment available for control or eradication of the pest or disease; the imposition of quarantine restrictions on movement of host materials in order to prevent spread of the pest or disease; surveillance to scope the extent of the pest or disease infestation in order to plan the required response. (ii) Enabled clear powers of entry, surveillance, inspection and production of records to enable trace-forward and trace-back of records during a quarantine that relate to movement of plants from or to an infected premises. This will include obligations on businesses to keep records of movements of plants and fruit to facilitate tracing of pests and diseases. It will also include the capacity of inspectors to require people to provide assistance, information and documents in making investigations under the Act. (iii) Clarified relevant powers of destruction under the PP Act. (iv) Clarified that the section of the Act regarding reconsideration of administrative decisions does not apply to decisions made by the Minister, the chief executive or an inspector made under a quarantine response to an incursion of one of the specified serious exotic pests or diseases mentioned in sub-paragraph (i) above. (v) Provided a power for the chief executive to delegate his power to appoint inspectors or authorised persons under the PP Act. (vi) Clarified the chief executive’s power to declare restricted or affected areas within a quarantine area. (vii) Clarified the capacity for inspectors to issue approvals to facilitate compliance with or exemptions from quarantine obligations. (viii) Clarified that the State can carry out any necessary treatment or destruction within a quarantine area in the first instance. (ix) Increased certain penalties under the Act to reflect the gravity of the implications of non-compliance with control and eradication measures commensurate with those for equivalent quarantine offences relating to animal diseases such as foot and mouth disease. (x) Required executive officers of companies to ensure corporations comply with the Act. (xi) Extended the time period for prosecutions under the Act from the current limit of twelve months from the date of the offence. (xii) Enabled information to be obtained by an inspector when the inspector is satisfied that a notifiable pest is infesting the land or crop. The increased powers, that exempt injunctions and legal action to prevent emergency response activities, are analogous to those for combating animal diseases like foot and mouth, that already exist in the comparable Queensland legislation dealing with animal pest and disease control episodes, namely the Exotic Diseases in Animals Act 1981. In summary, in view of the immediate threat posed by the Emerald citrus canker episode, the amending Act was essential to ensure the effective prevention, control and eradication of canker and other serious plant pests, and to facilitate area freedom accreditation to justify the removal of movement restrictions and the reinstatement of unrestricted market access for host plants and fruit. Attachment 2 – page 11 Queensland 2004-05: New Subordinate Legislation and Amendments to Existing Subordinate Legislation Department ATSIP Legislation Title: Subordinate Legislation Community Services (Aborigines) Amendment Regulation (No. 1) 2004 Community Services (Aborigines) Amendment Regulation (No. 2) 2004 Community Services (Aborigines) Amendment Regulation (No. 3) 2004 Community Services (Aborigines) Amendment Regulation (No. 4) 2004 Community Services Legislation Amendment and Repeal Regulation (No.1) 2004 Adoption of Children Amendment Regulation (No. 1) 2004 Standard Building Amendment Regulation (No. 3) 2004 Empowering Act No Q1: As per above Q2: As per above No. Reg concerned appointment of a financial controller to a council. No. Reg concerned appointment of a financial controller to a council. No. Reg concerned appointment of a financial controller to a council. No. Reg concerned home brew laws with no restriction on competition. No. The amendment regulation was simply a clean up following repeal of a number of provisions of the primary Act. Yes The Business Regulation Reform Unit was consulted and did not consider that a regulatory impact statement was warranted given the proposed amendment did not impose any appreciable costs on the community. An amendment to include the Aboriginal and Islander Independent Community School in schedule 2A of the Regulation to allow the school to participate in the preparatory trial year of schooling in 2004. This amendment increased fees, subsidies and allowances already prescribed in the Regulation in line with CPI movement. This amendment corrected a minor technical error with respect to the preparatory year. This amendment increased fees prescribed under the regulation in line with CPI movement. This amendment increased fees prescribed under the regulation in line with CPI movement. N/A Q3: As per above N/A Q4: As per above ATSIP No N/A N/A ATSIP No N/A N/A ATSIP ATSIP No No N/A N/A N/A N/A Child Safety Communities No Building Act 1975 No No N/A N/A N/A Education and the Arts Education (General Provisions) Amendment Regulation (No. 1) 2004 No N/A N/A Education and the Arts Education (General Provisions) Amendment Regulation (No. 2) 2004 Education (General Provisions) Amendment Regulation (No. 3) 2004 Education (Overseas Students) Amendment Regulation (No. 1) 2004 Education (Queensland Studies Authority) Amendment Regulation (No. 1) 2004 No N?A N/A Education and the Arts Education and the Arts Education and the Arts No No No N/A N/A N/A N/A N/A N/A Attachment 2 – page 12 Department Education and the Arts Legislation Title: Subordinate Legislation Education (Teacher Registration) Amendment By-law (No. 1) 2004 Empowering Act No Q1: As per above Q2: As per above This amendment was a consequential amendment as a result of a change in the definition of a term in another act. This amendment increased fees for criminal history searches. The increase added on the fee passed on to departments by the Department of Police. Other prescribed fees were increased in line with CPI movement. This amendment put in place a requirement for non-State schools to have in place written processes that comply with section 1B of the Education (General Provisions) Act 1989 for the reporting of sexual abuse or suspected sexual abuse, and to provide the particulars that must be included in reports about sexual abuse or suspected sexual abuse of students. The amendment changed the name of Ipswich Girls Grammar School. The purpose of this legislation was the enactment of a new regulation for the purpose of bringing the regulation in line with current drafting practice and to implement changes resulting from amendments to the primary act. NCP issues were considered during development of the amendments to the primary act. This amendment corrected a typographical error in the Regulation. The purpose of this legislation was the enactment of a new regulation to support the newly enacted Higher Education (General Provisions) Act 2003. NCP issues were considered during development of the primary act. No formal examination of potential restrictions on N/A Q3: As per above N/A Q4: As per above Education and the Arts Education (Teacher Registration) Amendment By-law (No. 2) 2004 No N/A N/A Education and the Arts Education Legislation Amendment Regulation (No. 1) 2004 No N/A N/A Education and the Arts Education and the Arts Grammar Schools Amendment Regulation (No. 1) 2004 Grammar Schools Regulation 2004 No No N/A N/A N/A N/A Education and the Arts Education and the Arts Higher Education (General Provisions) Amendment Regulation (No. 1) 2004 Higher Education (General Provisions) Regulation 2004 No N/A N/A No N/A N/A Emergency Services Ambulance Service Amendment Regulation (No. 1 ) 2004 Ambulance Service Act 1991 No N/A Attachment 2 – page 13 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above competition occurred as it was obvious due to the nature of the regulation that competition would not be restricted. The regulation amended an existing regulation to change the level of certain fees and charges. The fees and charges regime was already in existence and was not created by the regulation. The regulation increased fees and charges to reflect changes in CPI. No formal examination of potential restrictions on competition occurred as it was obvious due to the nature of the regulation that competition would not be restricted. The regulation amended an existing regulation to change the level of certain fees and charges. The fees and charges regime was already in existence and was not created by the regulation. The regulation increased fees and charges to reflect changes in CPI. No, amendments were standard CPI increases ROLR Amendments - YES Tranche 4a Contestability - Yes Yes The principle legislation was examined. The Regulations were extremely minor. Q3: As per above Q4: As per above Emergency Services Fire Legislation Amendment Regulation (No. 1) 2004 Fire and Rescue Service Act 1990 No N/A Employment and Training Energy Energy Energy Energy Vocational Education, Training and Employment Amendment Regulation (No. 1) 2004 Electricity Amendment Regulation (No. 1) 2004 Electricity Amendment Regulation (No. 1) 2004 Electricity Amendment Regulation (No. 2) 2004 Electricity Amendment Regulation (No. 3) 2004 No N/A N/A Retailer of Last Resort (ROLR) Amendments - NO Tranche 4a Contestability - NO No No ROLR Amendments - No restrictions identified Tranche 4a Contestability - NO No No ROLR Amendments - N/A Tranche 4a Contestability - N/A N/A The Director-General of the DOE approved a decision not to conduct an RIS for the Amendment Regulation following advice from the Business Regulation Reveiw Unit (BRRU) and on the basis that the Amendment Regulation is not considered likely to impose an appreciable cost on the entities impacted. Attachment 2 – page 14 Department Energy Legislation Title: Subordinate Legislation Electricity Amendment Regulation (No. 4) 2004 Empowering Act No Q1: As per above Q2: As per above Regulation simply approved new Electricity Industry Code - Issues considered in Electricity Amendment Act (No.2) 2004 which inserted head of power to make Code. No Q3: As per above N/A Q4: As per above Energy Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Gladstone Power Station Agreement Regulation 2004 Environmental Legislation Amendment Regulation (No. 1) 2004 Environmental Protection Amendment Regulation (No. 1) 2004 Environmental Protection and Other Legislation Amendment Regulation (No. 1) 2004 Environmental Protection Legislation Amendment Regulation (No. 1) 2004 Environmental Protection Policies Amendment Policy (No. 1) 2004 Forestry (State Forests) Amendment Regulation (No. 1) 2004 Forestry and Nature Conservation Legislation Amendment Regulation (No. 1) 2004 Forestry and Nature Conservation Legislation Amendment Regulation (No. 2) 2004 Forestry and Nature Conservation Legislation Amendment Regulation (No. 3) 2004 Marine Parks (Great Barrier Reef Coast) Zoning Plan 2004 Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1) 2004 Nature Conservation (Duck and Quail Harvest Period) Notice 2004 Nature Conservation (Macropod Harvest Period) Notice 2004 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 no No No No No No No No No No No No Nature Conservation Act 1992 Nature Conservation Act 1992 No No yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No N/A No No No No No N/A N/A N/A N/A N/A n/A N/A N/A Attachment 2 – page 15 Department Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Environmental Protection Agency Health Health Health Health Legislation Title: Subordinate Legislation Nature Conservation (Protected Areas) Amendment Regulation (No. 1) 2004 Nature Conservation (Protected Areas) Amendment Regulation (No. 2) 2004 Nature Conservation (Protected Areas) Amendment Regulation (No. 3) 2004 Nature Conservation (Protected Areas) Amendment Regulation (No. 4) 2004 Nature Conservation (Protected Plants Harvest Period) Notice 2004 Nature Conservation (Wildlife) Amendment Regulation (No. 1) 2004 Nature Conservation Amendment Regulation (No. 1) 2004 Nature Conservation Legislation Amendment Regulation (No. 1) 2004 Queensland Heritage Amendment Regulation (No. 1) 2004 Dental Practitioners Registration Amendment Regulation (No. 1) 2004 Dental Practitioners Registration and Other Legislation Amendment Regulation (No. 1) 2004 Health (Drugs and Poisons) Amendment Regulation (No. 1) 2004 Health Legislation Amendment Regulation (No. 1) 2004 Health Legislation Amendment Regulation (No. 2) 2004 Health Legislation Amendment Regulation (No. 3) 2004 Health Legislation Amendment Regulation (No. 4) 2004 Health Practitioners (Special Events Exemption) Amendment Regulation (No. 1) 2004 Empowering Act Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 Nature Conservation Act 1992 No No No No No No No No No No Yes No No Q1: As per above Yes Yes Yes Yes Yes Yes Yes Yes Yes Q2: As per above No No No No No Q3: As per above N/A N/A N/A N/A N/A Q4: As per above Potentially yes, see attached No No No RIS prepared, restrictions found to be in public interest. N/A N/A N/A No, legislative amendments unrelated to business activities Yes No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No Health Health Health No No No Health No Attachment 2 – page 16 Department Health Health Legislation Title: Subordinate Legislation Health Services Amendment Regulation (No. 1) 2004 Health Services Amendment Regulation (No. 2) 2004 Private Health Facilities (Standards) Amendment Notice (No. 1) 2004 Private Health Facilities Amendment Regulation (No. 1) 2004 Public Health (Infection Control for Personal Appearance Services) (Infection Control Guideline) Notice 2004 Public Health (Infection Control for Personal Appearance Services) and Another Regulation Amendment Regulation (No. 1) 2004 Radiation Safety (Radiation Safety Standards) Amendment Notice (No. 1) 2004 Radiation Safety Amendment Regulation (No. 1) 2004 Tobacco and Other Smoking Products Amendment Regulation (No. 1) 2004 Transplantation and Anatomy Regulation 2004 Building and Construction Industry Payments Amendment Regulation (No. 1) 2004 Building and Construction Industry Payments Regulation 2004 Queensland Building Services Authority Amendment Regulation (No. 1) 2004 Queensland Building Services Authority Amendment Regulation (No. 2) 2004 Queensland Building Services Authority Amendment Regulation (No. 3) 2004 Queensland Building Services Authority and Other Legislation Amendment Regulation (No. 1) Empowering Act No No Q1: As per above Q2: As per above No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities Q3: As per above Q4: As per above Health No Health No Health No Health No Health No No, legislative amendments unrelated to business activities No, legislative amendments unrelated to business activities Yes No. Unrelated to business activities. Yes Yes Yes Yes Yes Yes No Health No Health Health Housing Housing Housing Housing Housing Housing No No No No No No No No No No No No No No N/A N/A N/A N/A N/A N/A Attachment 2 – page 17 Department Legislation Title: Subordinate Legislation 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above Industrial Relations Industrial Relations (Tribunals) Amendment Rule (No. 1) 2004 No These amendments were to bring state legislation into line with federal legislation, changing the maximum amount claimable by applicants in wages recovery actions There were no NCP implications in this. N/A N/A Industrial Relations Industrial Relations Amendment Regulation (No. 1) 2004 No These amendments were to bring state legislation into line with federal legislation, changing the maximum amount claimable by applicants in wages recovery actions There were no NCP implications in this. N/A N/A Industrial Relations Industrial Relations Workers’ Compensation and Rehabilitation Amendment Regulation (No. 1) 2004 Trading (Allowable Hours) Regulation 2004 No No. The 2004 Regulation was made to replace the 1994 Regulation which was about to expire under the provisions of the Statutory Instruments Act 1992. The Regulation deals with limitations on inspector powers, prescribed forms used in the Queensland Industrial Relations Commission and the naming of an approved industrial instrument as prescribed in the Trading (Allowable Hours) Act 1990. No Yes The Regulation was considered by DIR not to conflict with NCP principles. No N/A n/a BRRU were consulted and advised that a RIS was not required. Industrial Relations Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 1) 2004 Building and Construction Industry (Portable Long Service Leave) Amendment Regulation (No. 2) 2004 Building and Construction Industry (Portable Long Service Leave) Act 1991 No. QLeave is the only provider of portable long service leave benefits in Queensland, and accordingly, there are no other competitors for this service. No. QLeave is the only provider of portable long service leave benefits in Queensland, and accordingly, there are no other competitors for this service. N/A Industrial Relations Building and Construction Industry (Portable Long Service Leave) Act 1991 No N/A No competition restriction applies, but a RIS containing the public benefit test result was prepared and released for public comment. No adverse industry or public comment was received in relation to the RIS. No RIS required for this amendment, as it was simply corrective and housekeeping in nature. Attachment 2 – page 18 Department Industrial Relations Legislation Title: Subordinate Legislation Workers’ Compensation and Rehabilitation and Other Legislation Amendment Regulation (No. 1) 2004 Empowering Act No Q1: As per above Q2: As per above No, as the amendments did not introduce any new regulatory requirements. The amendments were made as part of a review to increase the efficiency, fairness and consistency of the electrical licensing system. The main outcomes of the amendments were to: • clarify the meaning of qualified technical person to increase consistency of approach between sections of the Electrical Safety Regulation 2002; • update eligibility requirements to accommodate previous Queensland licence holders and an applicant’s medical condition, and to ensure consistency of approach between sub-sections; • align requirements regarding an electrical contractor’s qualified business person with existing similar requirements for their qualified technical person; and • reflect community business structure by altering the requirements relating to the evidence of available assets. The amendments effectively decreased the regulatory burden on electrical contracting businesses, providing greater flexibility and workability for licence holders in meeting eligibility requirements. Other minor amendments were made to update existing requirements and correct references. They did not fundamentally affect the legislations’ operation or application. No Q3: As per above N/A Q4: As per above Attachment 2 – page 19 Department Industrial Relations Industrial Relations Industrial Relations Industrial Relations Industrial Relations Industrial Relations Industrial Relations Industrial Relations Legislation Title: Subordinate Legislation Workplace Health and Safety (Advisory Standards) Amendment Notice (No. 1) 2004 Workplace Health and Safety (Advisory Standards) Amendment Notice (No. 2) 2004 Workplace Health and Safety (Industry Codes of Practice) Amendment Notice (No. 1) 2004 Workplace Health and Safety (Industry Codes of Practice) Amendment Notice (No. 2) 2004 Workplace Health and Safety (Repeal of Code of Practice) Notice 2004 Workplace Health and Safety Amendment Regulation (No. 1) 2004 Workplace Health and Safety Amendment Regulation (No. 2) 2004 Workplace Health and Safety Amendment Regulation (No. 3) 2004 Empowering Act No No No No No No No No Q1: As per above Yes Yes Yes Yes Yes Yes Yes Yes Q2: As per above No No No No No No No Q3: As per above n/a n/a n/a n/a n/a n/a n/a Q4: As per above Yes - The potential restrictions identified were restrictions on the conduct of business, which were a modification on existing legislation (Workplace Health and Safety (Miscellaneous) Regulation 1995). The legislation prescribes minimum workplace amenities (such as toilets, washing facilities and drinking water) which an employer must make available to workers. The legislation had the overall effect of lessening restrictions as compared to the legislation which it replaced. Yes - A regulatory impact statement (RIS) was prepared and released in April 2001. In January 2003, the Department prepared a RIS based on aligning workplace health and safety legislative requirements for workplace amenities with the Building Code of Australia. The Business Regulation Reform Unit reviewed the RIS and concluded that, having regard to the degree of previous consultation (including the RIS released in 2001), that no further RIS was necessary before amending the legislation. The restrictions which relate to workplace health and safety were found to be in the public interest. Industrial Relations Industrial Relations Justice and Attorney- Workplace Health and Safety Legislation Amendment Notice (No. 1) 2004 Electrical Safety Amendment Regulation (No. 1) 2004 Civil Liability (Postponement) Regulation 2004 No No No Yes Yes Yes No No No n/a N/A N/A Attachment 2 – page 20 Department General Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Legislation Title: Subordinate Legislation Civil Liability Amendment Regulation (No. 1) 2004 Criminal Law Regulation 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above No The rule relates to procedural issue relating to the admission of lawyers. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. No No No No No No No Yes. The rule sets out the conduct rules for barristers, including the sole practice rule. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. Yes. The rule sets out the rules for the procedural rules for disciplinary bodies as part of the new complaints and disciplinary regime for lawyers. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC Yes. The regulation approves an agency for provisions relating to government lawyers. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. Yes. The regulation provides for transitional matters relating to the new Admissions Board. Yes Yes No No N/A N/A Criminal Proceeds Confiscation Amendment Regulation (No. 1) 2004 Drug Rehabilitation (Court Diversion) Amendment Regulation (No. 1) 2004 Guardianship and Administration Tribunal Rule 2004 Jury Amendment Regulation (No. 1) 2004 Justice Legislation (Costs and Fees) Amendment Regulation (No. 1) 2004 Justices Amendment Regulation (No. 1) 2004 Justices Regulation 2004 Legal Profession (Barristers) Rule 2004 Yes Yes yes Yes Yes Yes Yes No No No No No No No N/A N/A N/A N/A N/A N/A N/A Legal Profession (Tribunal and Committee) Rule 2004 Justice and AttorneyGeneral Legal Profession Amendment Regulation (No. 1) 2004 Justice and AttorneyGeneral Legal Profession Amendment Regulation (No. 2) 2004 Attachment 2 – page 21 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. Yes. The regulation provides for various matters as a consequence of the Legal Profession Act 2004. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. No No No No No No No No Yes. The rule relates to procedural issue relating to the admission of lawyers. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. Yes. The rule relates to procedural issue relating to the admission of lawyers. It is consistent with the Government’s decisions on the review, as previously outlined to the NCC. No No No Q2: As per above Q3: As per above Q4: As per above Justice and AttorneyGeneral Legal Profession Regulation 2004 Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Justice and AttorneyGeneral Local Government, State Penalties Enforcement Amendment Regulation (No. 1) 2004 State Penalties Enforcement Amendment Regulation (No. 2) 2004 State Penalties Enforcement Amendment Regulation (No. 3) 2004 State Penalties Enforcement Amendment Regulation (No. 4) 2004 State Penalties Enforcement Amendment Regulation (No. 5) 2004 State Penalties Enforcement Amendment Regulation (No. 6) 2004 State Penalties Enforcement Amendment Regulation (No. 7) 2004 State Penalties Enforcement Amendment Regulation (No. 8) 2004 Supreme Court (Legal Practitioner Admission) Amendment Rule (No. 1) 2004 Supreme Court (Legal Practitioner Admission) Rules 2004 Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No N/A N/A N/A N/A N/A N/A N/A N/A Uniform Civil Procedure Amendment Rule (No. 1) 2004 Uniform Civil Procedure Amendment Rule (No. 2) 2004 City of Brisbane Regulation 2004 Yes Yes Yes No No No N/A N/A N/A Attachment 2 – page 22 Department Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport and Recreation Local Government, Planning, Sport Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above Gold Coast Motor Racing Events Amendment Regulation (No. 1) 2004 Integrated Planning Amendment Regulation (No. 1) 2004 Integrated Planning Amendment Regulation (No. 2) 2004 Integrated Planning Amendment Regulation (No. 3) 2004 Integrated Planning Amendment Regulation (No. 4) 2004 Local Government (Community Government Areas) Finance Standard 2004 Local Government (Community Government Areas) Regulation 2004 Local Government Amendment Regulation (No. 1) 2004 Local Government Legislation Amendment Regulation (No. 1) 2004 Local Government Legislation Amendment Regulation (No. 2) 2004 Plumbing and Drainage Amendment Regulation (No. 1) 2004 Standard Building Amendment Regulation (No. 1) 2004 Plumbing and Drainage Act 2002 No Yes No No Yes No Crown law advice indicated that no Regulatory Impact Statement would be required in relation to the amendment regulation. N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No No No - The legislative amendments increased the existing Plumbers and Drainers Board licensing fees in line with the Consumer Price Index. Yes N/A N/A No N/A Attachment 2 – page 23 Department and Recreation Local Government, Planning, Sport and Recreation Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Legislation Title: Subordinate Legislation Standard Building Amendment Regulation (No. 2) 2004 Land Protection (Pest and Stock Route Management) Amendment Regulation (No. 1) 2004 Land Protection (Pest and Stock Route Management—Yellow Crazy Ant) Emergency Pest Notice 2004 Mineral Resources Amendment Regulation (No. 1) 2004 Mineral Resources Amendment Regulation (No. 1) 2005 Mineral Resources Amendment Regulation (No. 2) 2004 Mineral Resources Amendment Regulation (No. 2) 2005 Mining Legislation Amendment Regulation (No. 1) 2004 Natural Resources, Mines and Energy Legislation Amendment Regulation (No. 1) 2004 Petroleum (Entry Permission Queensland Gas Company Limited) Notice 2005 Petroleum (Entry Permission— Tipperary Oil and Gas (Australia) Pty Ltd) Notice 2004 Petroleum (Entry Permission— Various) Notice 2004 Petroleum and Gas (Production and Safety) Regulation 2004 Petroleum Regulation 2004 Survey and Mapping Infrastructure Regulation 2004 Surveyors Amendment Regulation (No. 1) 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above No Yes No N/A No No No No No Yes Yes Yes Yes Yes No No No No No N/A N/A N/A N/A N/A No No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Attachment 2 – page 24 Department Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Natural Resources and Mines Premier and Cabinet Premier and Cabinet Premier and Cabinet Premier and Cabinet Premier and Cabinet Legislation Title: Subordinate Legislation Surveyors Regulation 2004 Valuers Registration Amendment Regulation (No. 1) 2004 Vegetation Management Amendment Regulation (No. 1) 2004 Vegetation Management Amendment Regulation (No. 2) 2004 Vegetation Management and Other Legislation Amendment Regulation (No. 1) 2004 Water Amendment Regulation (No. 1) 2004 Water Amendment Regulation (No. 1) 2005 COMMENCES 1 April 2005 Water Amendment Regulation (No. 2) 2004 Water Resource (Condamine and Balonne) Plan 2004 Water Resource (Georgina and Diamantina) Plan 2004 Public Service Amendment Regulation (No. 1) 2004 Public Trustee Amendment Regulation (No. 1) 2004 Public Trustee Amendment Regulation (No. 1) 2004 South Bank Corporation By-law 2004 Statutory Instruments Amendment Regulation (No. 1) 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above No No No No No No No N/A Yes Yes Yes Yes N/A Yes N/A No No No No N/A No N/A N/A N/A N/A N/A N/A N/A No No No No No No No Building Act 1975 No No No No No - minor amendments having no competition implications. Yes No - minor amendments having no competition implications. Yes No-The legislative amendments clarified when it was necessary for a council to issue a building approval for a tent or marquee. The amendments were of an administrative nature and reduced the requirement for council approval of many small to medium tents. No -Tthe legislation previously N/A N/A N/A N/A No N/A No N/A N/A N/A N/A N/A N/A N/A N/A N/A Premier and Statutory Instruments Amendment Building Act 1975 No N/A N/A Attachment 2 – page 25 Department Cabinet Legislation Title: Subordinate Legislation Regulation (No. 2) 2004 Empowering Act Q1: As per above Q2: As per above required a council approval for satellite dishes with a diameter greater than 600mm. The legislative amendments provided that satellite dishes only greater than 900mm now require council approval. The amendments are minor and reduce the number of satellite dishes requiring council approval. No - The legislative amendments provide for flexibility in relation to alternative solution applications for the use of enclosed areas as outdoor play areas for child care centres. The amendments expand the ability of developers to access land in inner city and CBD areas that previously could not satisfy the legislative requirements for child care outdoor play facilities. Yes Yes Q3: As per above Q4: As per above Premier and Cabinet Statutory Instruments Amendment Regulation (No. 3) 2004 Building Act 1975 No N/A N/A Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Animal Care and Protection Amendment Regulation (No. 1) 2004 Chemical Usage (Agricultural and Veterinary) Control Amendment Regulation (No.1) 2004 Fisheries (East Coast Trawl) Amendment Management Plan (No. 1) 2003 Animal Care and Protection Act 2001 Chemical Usage (Agricultural and Veterinary) Control Act 1988 No Yes, to both. No No. Regulation implements consequential changes to the Regulation following from NCP related amendments to the Chemical Usage (Agricultural and Veterinary) Control Act 1988. No N/a No, as there were no new restrictions enacted Fisheries Act 1994 No Yes Primary Industries and Fisheries Fisheries Amendment Regulation (No.1) 2004 Fisheries Act 1994 No Yes In relation to certain fisheries covered by the Regulation, the following restrictions were identified in regard to size and quantity of fish taken; when fish could be taken; reporting requirements; input controls; the form of fish which may be retained; processing fish on boats; and special circumstances relating to the An internal Gatekeeper Panel considered these amendments .No PBT was carried out, These provisions removed restrictions and increased access to the resource. As a result of the review and the findings of the NCP Gatekeeper Panel it is considered that the amendments in the legislation satisfy NCP requirements, do not impose greater restrictions than apply at present and are in the public interest. A RIS and PBT were done on these amendments, in addition DPI&F has established an NCP Gatekeeper Panel, including representatives from Queensland Treasury, to review all Fisheries Legislation to ensure that they are NCP compliant. The Panel, , determined that the Attachment 2 – page 26 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above Q3: As per above issuing of authorities. Q4: As per above restrictions on size and quantity of fish taken; when fish could be taken; the form of fish which may be retained; input controls and reporting requirements were justified and necessary to meet the objects of the Act. The gatekeeper Panel identified that in future special circumstances should be dealt with by policy and not law. The requirement for a filleting permit was considered un-necessarily restrictive. However, these permits were provided for to enable a smooth transition for fishers into the new management plan and to enable a number of fishers to be able to continue fishing whilst they restructured their businesses. The Permits are not to be reissued. On this basis they were seen to be justified. As a result of the PBT analysis and review and the findings of the NCP Gatekeeper Panel confirmed that the amendments were in the public interest No The requirement for a Regulatory Impact Statement was waived on the basis of an extensive consultation process over 2-3 years prior to enacting the legislation. Consultation involved three separate rounds of general public consultation and additional direct consultation with affected stakeholders. It was considered that a separate PBT process was not necessary. The wide spread endorsement of and support for the proposed Fish Habitat Areas was taken as an appropriate measure that the benefits outweighed the costs. An internal review of the results of consultation was carried out and an internal gatekeeper review was conducted. It was determined that the long term protection afforded to key fish habitats from gazettal of these FHAs and the wider community benefits that result from Fish Habitat Areas management outweighed the costs Primary Industries and Fisheries Fisheries Amendment Regulation (No.1) 2005 Fisheries Act 1994 No Yes Amendments included the declaration of 3 new fish habitat areas and amendments to the boundaries of an existing fish habitat area. The effect of declaration is the imposition of a management layer over the areas in question. Any subsequent development or work within the area subsequently requires the approval of the chief executive. The balance of the amendments was to correct redundancies and errors in the Legislation identified by Parliamentary Counsel. These amendments did not have any restriction on competition. Attachment 2 – page 27 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above on individuals. These benefits extend to the protection of fisheries resources and fish habitats to sustain fisheries for future generations. An internal review of the results of consultation was carried out and an internal gatekeeper review was conducted. It was determined that the long term protection afforded to key fish habitats from gazettal of these FHAs and the wider community benefits that result from Fish Habitat Areas management outweighed the costs on individuals. These benefits extend to the protection of fisheries resources and fish habitats to sustain fisheries for future generations. It was considered, therefore, that on balance the amendments were in the public benefit. A RIS and PBT were done on these amendments, in addition DPI&F has established an NCP Gatekeeper Panel, including representatives from Queensland Treasury, to review all Fisheries Legislation to ensure that they are NCP compliant. The Panel, determined that the majority of amendments were deletions or alterations to the existing law to ensure compliance with other statutes. The proposed amendments will result in significant cost-savings and efficiencies for business by streamlining administration across government and allowing fisheries approvals to be assessed simultaneously with other development approvals; The least restrictive mechanism possible has been used in each instance, and, importantly, the amendments did not represent a barrier to entry into the industry and were NCP compliant. As a result of the PBT analysis and review and the findings of the NCP Gatekeeper Panel it is considered that the amendments in the legislation satisfy NCP requirements, do not impose greater Primary Industries and Fisheries Fisheries and Other Legislation Amendment Regulation (No. 1) 2004 Fisheries Act 1994 No Yes The following amendments were tested for compliance with NCP requirements: allocation of access to state owned resources; non-development activities in declared Fish habitat Areas; authorisations of commercial harvesting of juvenile eels and oysters; self-assessable codes; and fee arrangements. Primary purpose of the Reg;’n was to incorporate various fisheries approves into the Integrated Development Approval System (IDAS) under the Integrated Planning Act. Attachment 2 – page 28 Department Legislation Title: Subordinate Legislation Fisheries Management Plans Amendment Management Plan (No.1) 2005 Fisheries Management Plans Amendment Management Plan 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above restrictions than apply at present and are in the public interest. N/A Primary Industries and Fisheries Primary Industries and Fisheries Fisheries Act 1994 No Yes Fisheries Act 1994 No Yes No, these amendments were to correct various drafting errors identified by Parliamentary Counsel and to remove various redundant provisions. In relation to certain fisheries covered by the Regulation, the following restrictions were identified in regard to size and quantity of fish taken; when fish could be taken; reporting requirements; input controls; the form of fish which may be retained; processing fish on boats; and special circumstances relating to the issuing of authorities. Primary Industries and Fisheries Food Production (Safety) Amendment Regulation (No.1) 2004 Food Production (Safety) Act 2001 No Yes This regulation enacted an Egg Food Safety Scheme (FSS) as requested by the egg industry, and required all commercial egg producers and egg processing plants to be accredited with Safe Food Production Qld (SFPQ) and to comply with food safety programs, which are audited by SFPQ. The enactment of a FSS for eggs and egg products was consistent A complementary measure to the Fisheries Amendment Regulation (No.1) 2004 [see earlier entry]. A RIS and PBT were done on these amendments, in addition DPI&F has established an NCP Gatekeeper Panel, including representatives from Queensland Treasury, to review all Fisheries Legislation to ensure that they are NCP compliant. The Panel, , determined that restrictions on size and quantity of fish taken; when fish could be taken; the form of fish which may be retained; input controls and reporting requirements were justified and necessary to meet the objects of the Act. The gatekeeper Panel identified that in future special circumstances should be dealt with by policy and not law. The requirement for a filleting permit was considered un-necessarily restrictive. However, these permits were provided for to enable a smooth transition for fishers into the new management plan and to enable a number of fishers to be able to continue fishing whilst they restructured their businesses. The Permits are not to be reissued. On this basis they were seen to be justified. As a result of the PBT analysis and review and the findings of the NCP Gatekeeper Panel confirmed that the amendments were in the public interest. Yes, public consultation undertaken via the release of a RIS/PBT followed by public meetings in all egg producing areas. The RIS demonstrated that the benefits from the proposed FSS exceeded the costs, and that there is a net public benefit from a egg and egg products FSS. There was unanimous support Attachment 2 – page 29 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above Q3: As per above with the Inter Governmental Agreement on Food Regulation. It is anticipated that a similar FSS arrangements will be enacted in the other States. Mutual recognition principles ensure that eggs and egg products that comply with the food safety standards of one State are not burdened when entering another State for sale therein. No No – in relation to the Forestry activities administered by DPI&F Forestry. No – as above. Q4: As per above form these meetings, and from the producer representative body for the making of the FSS effective from 1 July 2005. Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Food Production (Safety) Amendment Regulation (No.1) 2004 Forestry (State Forests) Amendment Regulation (No. 1) 2004 - DPI&F Forestry provisions only Forestry and Nature Conservation Legislation Amendment Regulation (No. 1) 2004 – DPI&F Forestry provisions only Forestry and Nature Conservation Legislation Amendment Regulation (No. 2) 2004 – DPI&F Forestry provisions only Forestry and Nature Conservation Legislation Amendment Regulation (No. 3) 2004 – DPI&F Forestry provisions only Plant Protection (Approved Sugarcane Varieties) Declaration (No.1) 2004 Plant Protection (Approved Sugarcane Varieties) Declaration (No.2) 2004 Plant Protection (Canker) Quarantine Amendment Notice (No.1) 2004 Food Production (Safety) Act 2001 Forestry Act 1959 No No Yes Yes N/a N/a Forestry Act 1959 No Yes N/a Forestry Act 1959 No Yes No – as above. N/a Forestry Act 1959 No Yes No- as above. N/a Plant Protection Act 1989 Plant Protection Act 1989 Plant Protection Act 1989 No No No Yes Yes Yes No No Yes, provides for more effective operation of a quarantine area. Part of the response mechanism in respect to the disease incursions of citrus canker. Refer to following entries re Plant Protection Amdt Regs Nos. 4 & 5. Yes, provides for more effective operation of a quarantine area. Part of the response mechanism in respect to the disease incursions of citrus canker. Refer to following entries re Plant Protection Amdt Regs Nos. 4 & 5. Yes, provides for a quarantine area. Part of the response mechanism in respect to the disease incursions of citrus canker. Refer to following entries re Plant Protection Amdt Regs Nos. 4 & 5 N/a N/a No, urgent time constraints did not permit the making of a RIS or PBT. Primary Industries and Fisheries Plant Protection (Canker) Quarantine Amendment Notice (No.2) 2004 Plant Protection Act 1989 No Yes No, urgent time constraints did not permit the making of a RIS or PBT. Primary Industries and Fisheries Plant Protection (Canker) Quarantine Notice 2004 Plant Protection Act 1989 No Yes No, urgent time constraints did not permit the making of a RIS or PBT. Attachment 2 – page 30 Department Legislation Title: Subordinate Legislation Plant Protection (Lettuce Aphid) Notice 2004 Plant Protection (Lettuce Aphid) Notice 2004 Plant Protection (Lettuce Aphid) Quarantine Notice 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Plant Protection Act 1989 Plant Protection Act 1989 Plant Protection Act 1989 No No No No No Yes No, declaration of lettuce aphid as a pest for purposes of the Act. No, declaration of lettuce aphid as a pest for purposes of the Act. Yes, provides for a quarantine area. Part of the response mechanism in respect to the pest incursions of lettuce aphid -Refer to earlier entries re Plant Protection Amdt Regs Nos. 2 & 3 Yes, provides for a quarantine area. Part of the response mechanism in respect to the pest incursions of lettuce aphid -Refer to earlier entries re Plant Protection Amdt Regs Nos. 2 & 3 Yes, but the practical effect of the Regulation was to enhance trade by allowing imports of potatoes into Qld, subject to an inspector’s certificate, that would otherwise have been prohibited from entry if they came from an area in another State where there was a disease outbreak. . Yes, Regulation immediately required to underpin emergency response to pest incursions of lettuce aphid. N/a N/a No, urgent time constraints did not permit the making of a RIS or PBT. Plant Protection (Lettuce Aphid) Quarantine Notice 2004 Plant Protection Act 1989 No Yes No, urgent time constraints did not permit the making of a RIS or PBT. Plant Protection Amendment Regulation (No. 1) 2004 Plant Protection Act 1989 No Yes No, urgent time constraints did not permit the making of a RIS or PBT. One immediate effect was to allow imports, subject to certification, from Victoria to keep a Qld potato factory operating No, urgent time constraints did not permit the making of a PBT. Exempted from RIS because of the public interest in regulating to support a timely amendment of the notifiable pest schedule in accordance with section 46 (2) Statutory Instruments Act 1992 No, urgent time constraints did not permit the making of a PBT. Exempted from RIS because of the public interest in regulating to support a timely amendment of the notifiable pest schedule in accordance with section 46 (2) Statutory Instruments Act 1992 No, urgent time constraints did not permit the making of a PBT. No, urgent time constraints did not permit the making of a PBT. Exempted from RIS because of the public interest in regulating to Primary Industries and Fisheries Plant Protection Amendment Regulation (No. 2) 2004 Plant Protection Act 1989 No Yes Primary Industries and Fisheries Plant Protection Amendment Regulation (No. 3) 2004 Plant Protection Act 1989 No Yes Further subordinate legislation to underpin emergency response to pest incursions of lettuce aphid. Primary Industries and Fisheries Primary Industries and Fisheries Plant Protection Amendment Regulation (No. 4) 2004 Plant Protection Amendment Regulation (No. 4) 2004 Plant Protection Act 1989 No Yes Plant Protection Act 1989 No Yes Yes, Regulation immediately required to underpin emergency response to exotic disease incursion of citrus canker in the Emerald district. Yes, Regulation immediately required to underpin emergency response to exotic disease incursion of citrus canker in the Emerald district. Attachment 2 – page 31 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above support a timely amendment of the notifiable disease schedule in accordance with section 46 (2) Statutory Instruments Act 1992 As for previous entry (see above). As for previous entry (see above). N/a N/a Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Plant Protection Amendment Regulation (No. 5) 2004 Plant Protection Amendment Regulation (No. 5) 2004 Primary Industries and Other Legislation (Postponement) Regulation 2004 Primary Industries Legislation Amendment Regulation (No. 1) 2004 Plant Protection Act 1989 Plant Protection Act 1989 Primary Industries and Other Legislation Amendment Act 2003 Agricultural Chemicals Distribution Control Act 1966; Apiaries Act 1982, Animal Care and Protection Act 2001, Brands Act 1915; Chemical Usage (Agricultural and Veterinary) Control Act 1988; Stock Act 1915; Veterinary Surgeons Act 1936 Rural and Regional Adjustment Act 1994 Rural and Regional Adjustment Act 1994 Rural and Regional Adjustment Act 1994 Stock Act 1915 No No No No Yes Yes Yes Yes Further subordinate Legislation to underpin emergency response to disease incursion of citrus canker. Further subordinate Legislation to underpin emergency response to disease incursion of citrus canker. No No Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Primary Industries and Fisheries Rural Adjustment Authority Amendment Regulation (No.1) 2004 Rural Adjustment Authority Amendment Regulation (No.1) 2005 Rural Adjustment Authority Amendment Regulation (No.2) 2004 Stock Amendment Regulation (No. 1) 2004 No No No No Yes Yes Yes Yes No No No No. Purpose was to prescribe equine infectious aneamia as a notifiable disease to facilitate the Australian Equestrian Team taking their horses to Greece for the Olympics, in compliance with phytosanitary requirements for horses being imported into Greece. No. Purpose of these amendments was to prevent introduction and spread of certain diseases of livestock and to provide regulations to control or eradicate diseases of livestock in Queensland, notably bovine and ovine johne’s disease. See note 2 below for further details. N/a N/a N/a N/a Primary Industries and Fisheries Stock Amendment Regulation (No. 2) 2004 Stock Act 1915 No Yes No, Regs exempted from RIS in accordance with sections 46 (1) (b), and 46 (2) of the Statutory instruments Act 1992 which provide exemptions firstly, for any matter that does not operate to the disadvantage of any person by decreasing a person’s rights or imposing new liabilities and secondly, for matters that are in the public interest by regulating to support a timely amendment of the notifiable disease schedule. PBT not undertaken because the amendments related to urgent need Attachment 2 – page 32 Department Legislation Title: Subordinate Legislation Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above for regulatory changes brought about by NSW Agriculture removing inspectors from border crossing places and to regulations to prevent, control or eradicate stock disease incursions N/a N/a N/A N/A N/A N/A N/A N/A N/A Primary Industries and Fisheries Primary Industries and Fisheries Public Works Public Works Public Works Public Works Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Sugar Industry Amendment Regulation (No.2) 2004 Sugar Industry Amendment Regulation (No1) 2004 Public Records Amendment Regulation (No. 1) 2004 Public Records Regulation 2004 Public Works Legislation Amendment Regulation (No. 1) 2004 Racing Amendment Regulation (No. 1) 2004 Australian Crime Commission (Queensland) Regulation 2004 Child Protection (Offender Reporting) Regulation 2004 Police Powers and Responsibilities (Australian Rugby Union Test— Wallabies v England) Regulation 2004 Police Powers and Responsibilities Amendment Regulation (No. 1) 2004 Police Powers and Responsibilities Amendment Regulation (No. 2) 2004 Police Powers and Responsibilities Amendment Regulation (No. 3) 2004 Police Powers and Responsibilities Amendment Regulation (No. 4) 2004 Police Powers and Responsibilities Amendment Regulation (No. 5) 2004 Police Powers and Responsibilities Amendment Regulation (No. 6) 2004 Police Powers and Responsibilities Amendment Regulation (No. 7) 2004 Sugar Industry Act 1999 Sugar Industry Act 1999 No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No Yes Yes Yes Yes Yes Yes Yes No No No No No No No N/A N/A N/A N/A N/A N/A N/A Attachment 2 – page 33 Department Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Queensland Police Services Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Legislation Title: Subordinate Legislation Police Powers and Responsibilities Amendment Regulation (No. 8) 2004 Police Service Administration Amendment Regulation (No. 1) 2004 Police Service Legislation Amendment Regulation (No. 1) 2004 Prostitution Amendment Regulation (No. 1) 2004 Weapons Amendment Regulation (No. 1) 2004 Business Names Amendment Regulation (No. 1) 2004 Commercial and Consumer Tribunal and Other Legislation Amendment Regulation (No. 1) 2004 Consumer Credit Amendment Regulation (No. 1) 2004 Consumer Credit Amendment Regulation (No. 2) 2004 Fair Trading (Novelty Dummy) Order 2004 Fair Trading Amendment Regulation (No. 1) 2004 Introduction Agents Amendment Regulation (No. 1) 2004 Land Sales Amendment Regulation (No. 1) 2004 Liquor Amendment Regulation (No. 1) 2004 Empowering Act No No No No No No Q1: As per above Yes Yes Yes Yes Yes Yes Q2: As per above No No No No No No Q3: As per above N/A N/A N/A N/A N/A N/A Q4: As per above No No No. This regulation merely comprised the annual increase of CCT fees in line with CPI increase Yes N/A N/A No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A No Yes No N/A Liquor Amendment Regulation (No. No Yes No N/A Attachment 2 – page 34 Department Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Tourism, Fair Trading and Wine Industry Development Transport and Main Roads Legislation Title: Subordinate Legislation 2) 2004 Liquor Amendment Regulation (No. 3) 2004 Motor Vehicles and Boats Securities Amendment Regulation (No. 1) 2004 Partnership Regulation 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above No Yes No N/A No Yes No N/A No Yes No N/A Property Agents and Motor Dealers Amendment Regulation (No. 1) 2004 Property Agents and Motor Dealers and Other Legislation Amendment Regulation (No. 1) 2004 Residential Services (Accreditation) Amendment Regulation (No. 1) 2004 Second-hand Dealers and Pawnbrokers Regulation 2004 Security Providers Amendment Regulation (No. 1) 2004 Tourism, Fair Trading and Wine Industry Development (Fees) Amendment Regulation (No. 1) 2004 Travel Agents Amendment Regulation (No. 1) 2004 Marine Parks and Other Legislation Amendment and Repeal Regulation (No. 1) 2004 Note: Only to the extent that it is made under the Transport Operations (Marine Pollution) Act 1995. Transport and Other Legislation Transport Operations (Marine Pollution) Act 1995 No Yes No N/A No Yes No N/A No Yes No N/A Yes N/A N/A N/A No Yes No No No Yes No N/A No Yes No No No No. Reg amended designated areas where marine parks regulations apply Transport and State Penalties Enforcement Act No Yes No Attachment 2 – page 35 Department Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Legislation Title: Subordinate Legislation Amendment Regulation (No. 1) 2004 Transport and Other Legislation Amendment Regulation (No. 2) 2004 Transport and Other Legislation Amendment Regulation (No. 2) 2004 - State Penalties Enforcement Act 1999 Transport and Other Legislation Amendment Regulation (No. 2) 2004 - Transport Operations (Road Use Management) Act 1995 Transport Infrastructure (Ports) Amendment Regulation (No. 1) 2004 Transport Legislation Amendment Regulation (No. 1) 2004 Empowering Act 1999 Transport Operations (Passenger Transport) Act 1994 State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 No Q1: As per above Q2: As per above Q3: As per above Q4: As per above No. Reg introduced new penalties relating to trial of Lplates for learner drivers No. Reg introduced trial of Lplates for learner drivers No. To exclude Woongarra Marine Park & incorporate the pilot boarding area and off shore dredging spoil/areas No Transport Infrastructure Act 1994 No Tow Truck Act 1973 Transport Infrastructure Act 1994 Transport Operations (Marine Pollution) Act 1995 Transport Operations (Passenger Transport) Act 1994 Transport Operations (Road Use Management) Act 1995 No No No No. Annual review of fees and charges No No. Reg concerned CPI increase of an existing fee. Yes No Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport Legislation Amendment Regulation (No. 1) 2004 - Tow Truck Act 1973 Transport Legislation Amendment Regulation (No. 1) 2004 - Transport Infrastructure Act 1994 Transport Legislation Amendment Regulation (No. 1) 2004 - Transport Operations (Marine Pollution) Act 1995 Transport Legislation Amendment Regulation (No. 1) 2004 - Transport Operations (Passenger Transport) Act 1994 Transport Legislation Amendment Regulation (No. 1) 2004 - Transport Operations (Road Use Management) Act 1995 Transport Legislation Amendment Regulation (No. 2) 2004 Transport Legislation Amendment Regulation (No. 2) 2004 - State No No No. Annual review of fees and charges State Penalties Enforcement Act 1999 Transport Operations (Road Use Management) Act 1995 No No. Reg involved penalties for traffic-related offences. Attachment 2 – page 36 Department Legislation Title: Subordinate Legislation Penalties Enforcement Act 1999 Transport Legislation Amendment Regulation (No. 2) 2004 - Transport Operations (Road Use Management) Act 1995 Transport Legislation Amendment Regulation (No. 3) 2004 Transport Legislation Amendment Regulation (No. 4) 2004 Empowering Act Q1: As per above Q2: As per above Q3: As per above Q4: As per above Transport and Main Roads Transport and Main Roads Transport and Main Roads No No. Reg involved penalties for traffic-related offences. No. Reg amended Queensland's road rules to implement nationally agreed changes Transport Operations (Road Use Management) Act 1995 State Penalties Enforcement Act 1999 Transport Operations (Passenger Transport) Act 1994 Transport Operations (Road Use Management) Act 1995 No Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport Legislation Amendment Regulation (No. 4) 2004 - State Penalties Enforcement Act 1999 Transport Legislation Amendment Regulation (No. 4) 2004 - Transport Operations (Passenger Transport) Act 1994 Transport Legislation Amendment Regulation (No. 4) 2004 - Transport Operations (Road Use Management) Act 1995 Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004 No No No. Amendments related to offences for the use of warning lights on school buses. Yes No No No. Amendments dealt with warning lights on school buses and correct typographical errors. State Penalties Enforcement Act 1999 Tow Truck Act 1973 Transport Infrastructure Act 1994 Transport Operations (Road Use Management) Act 1995 No No. Reg introduced penalties for breach of vehicle noise restrictions. No. Reg deleted provisions previously relocated to the Act. No. The amendments were administrative only and required as a consequence of an update of a remade regulation. No. Reg made miscellaneous changes re driver licences, vehicle standards and safety and conditions of appointment for vehicle inspectors. No. Reg concerned CPI increase of existing fees. Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004 - State Penalties Enforcement Act 1999 Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004 - Tow Truck Act 1973 Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004 - Transport Infrastructure Act 1994 Transport Legislation and Another Regulation Amendment Regulation (No. 1) 2004 - Transport Operations (Road Use Management) Act 1995 Transport Operations (Marine Safety) Amendment Regulation (No. 1) 2004 No No No Transport Operations (Marine Safety) Act 1994 No Attachment 2 – page 37 Department Transport and Main Roads Legislation Title: Subordinate Legislation Transport Operations (Marine Safety) and Other Legislation Amendment Regulation (anticipated by end of March) Transport Operations (Marine Safety) Regulation 2004 Empowering Act Transport Operations (Marine Safety) Act 1994 No. Q1: As per above Yes. Q2: As per above Q3: As per above No potential restrictions were identified. The preferred approach endorsed by Crown Law and Treasury took into consideration competition policy. No potential restrictions were identified. The move to a performance based rather than prescriptive legislative scheme is intended to be consistent with the aims of the NCP. Insofar as it is consistent with the need to provide a system of fixed minimum safety standards, the reg provides the flexibility to ensure this outcome is achieved. The general intent is to ease prescriptive burdens on industry which in turn improves vibrancy and competitiveness both locally and nationally. No No No Q4: As per above A RIS was undertaken but not because any potential restrictions were identified. The RIS was in accordance with subordinate legislation requirements. A RIS was undertaken but not because any potential restrictions were identified. The RIS was in accordance with subordinate legislation requirements. Transport and Main Roads State Penalties Enforcement Act 1999 Transport Operations (Marine Safety) Act 1994 No. Yes. Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport and Main Roads Transport Operations (Passenger Transport) Amendment Regulation (No. 1) 2004 Transport Operations (Passenger Transport) Amendment Regulation (No. 2) 2004 Transport Operations (Passenger Transport) Amendment Regulation (No. 3) 2004 Transport Operations (Road Use Management - Vehicle Registration) Amendment Regulation (anticipated by end of March) Transport Operations (Road Use Management) and Other Legislation Amendment Regulation (No. 1) 2004 Transport Operations (Road Use Management) and Other Legislation Amendment Regulation (No. 1) 2004 - Transport Infrastructure Act 1994 Transport Operations (Road Use Management) and Other Legislation Amendment Regulation (No. 1) 2004 - Transport Operations (Road Use Management) Act 1995 Transport Operations (Passenger Transport) Act 1994 Transport Operations (Passenger Transport) Act 1994 Transport Operations (Passenger Transport) Act 1994 Transport Operations (Road Use Management) Act 1995 No No No No. Yes Yes Yes Reg makes minor miscellaneous changes relating to the registration of vehicles. Reg is unlikely to be made until April 2005 at the earliest. It does not raise issues of restriction of competition Transport and Main Roads Transport and Main Roads Transport Infrastructure Act 1994 Transport Operations (Road Use Management) Act 1995 No Reg relocated to the TORUM Reg provisions dealing with the Department's power to clear abandoned and stationary vehicles from State-controlled roads. Reg relocated from the TI Act provisions dealing with Department's power to clear abandoned and stationary vehicles from State-controlled roads and strengthened those provisions. Transport and Main Roads No Attachment 2 – page 38 Department Treasury Treasury Treasury Treasury Treasury Legislation Title: Subordinate Legislation Casino Gaming Amendment Rule (No. 1) 2004 Casino Gaming Amendment Rule (No. 2) 2004 Casino Gaming Amendment Rule (No. 3) 2004 Community Ambulance Cover Amendment Regulation (No. 1) 2004 Community Ambulance Cover Amendment Regulation (No. 2) 2004 Duties Amendment Regulation (No. 1) 2004 Financial Administration and Audit Amendment Regulation (No. 1) 2004 Financial Management Amendment Standard (No. 1) 2004 Financial Management Amendment Standard (No. 2) 2003 Gambling Legislation Amendment Regulation (No. 1) 2004 Gambling Legislation Amendment Regulation (No. 1) 2005 Gambling Legislation Amendment Regulation (No. 2) 2004 Gaming Machine and Other Legislation Amendment Regulation (No. 1) 2004 Government Owned Corporations (Central Queensland Ports Authority) Regulation 2004 Government Owned Corporations (Ports) Amendment Regulation (No. 1) 2004 Government Owned Corporations (QTSC Corporatisation) Empowering Act No No No No. No. Q1: As per above Q2: As per above No - amendments to the rules of games having no competition implications. No - amendments to the rules of games having no competition implications. No - amendments to the rules of games having no competition implications. No - general increase of CAC levy. BRRU advised no RIS was necessary. No - provision of exemption previously provided under admin arrangement. BRRU advised no RIS was necessary. No - conditional registration/duty amendments with general application. BRRU advised no RIS was necessary. No – minor technical and administration amendments. BRRU advised no RIS was necessary No, no competition implications No, no competition implications No – fee schedule amendments. BRRU advised no RIS was necessary No – minor technical and administration amendments. BRRU advised no RIS was necessary No – minor technical and administration amendments. BRRU advised no RIS was necessary No – minor technical and administration amendments. BRRU advised no RIS was necessary No - minimal amendments made to keep GOC status (due to regulation's 10 year life). No - minimal amendments made to keep GOC status (due to regulation's 10 year life). No - minimal amendments made to keep GOC status (due to Q3: As per above Q4: As per above N/A N/A N/A N/A Treasury No N/A N/A Treasury No Treasury Treasury Treasury Treasury No No No No Treasury No Treasury No Treasury Treasury Treasury No No No Attachment 2 – page 39 Department Legislation Title: Subordinate Legislation Amendment Regulation (No. 1) 2004 Government Owned Corporations Amendment Regulation (No. 1) 2004 Government Owned Corporations Amendment Regulation (No. 2) 2004 Government Owned Corporations Amendment Regulation (No. 3) 2004 Government Owned Corporations Regulation 2004 Motor Accident Insurance Amendment Regulation (No. 1) 2004 Motor Accident Insurance Regulation 2004 Empowering Act Q1: As per above Q2: As per above regulation's 10 year life). Q3: As per above Q4: As per above Treasury Treasury Treasury Treasury Treasury Treasury No No No No No. No. No - minimal amendments made to keep GOC status (due to regulation's 10 year life). No - minimal amendments made to keep GOC status (due to regulation's 10 year life). No - definition added for ease of use. No RIS necessary. No - minimal amendments made to keep GOC status (due to regulation's 10 year life). The amendment regulation set the new scheme levies and fee which have no NCP implications. This regulation resulted from the auto expiry of the MAIR 1994. Only minor technical and formatting changes were made. Restriction on competition was not increased. No - technical FHOG and duties amendments. BRRU advised no RIS was necessary. No – minor technical and administration amendments. BRRU advised no RIS was necessary No - general fee indexation amendments. BRRU advised no RIS was necessary. No - general fee indexation amendments. BRRU advised no RIS was necessary. No. The amendment Notice permitted entitled former spouses of MPs to join QSuper, however never commenced and is to be repealed shortly. No. The amendment made minor family law changes, removed references to personal medical statements and removed the Board from involvement in approving allowances. No. The regulation postponed the commencement of unproclaimed provisions made under the Superannuation Law Treasury Treasury Revenue Legislation Amendment and Repeal Regulation (No. 1) 2004 Revenue Legislation Amendment Regulation (No. 1) 2004 Revenue Legislation Amendment Regulation (No. 2) 2004 Statutory Bodies Financial Arrangements Amendment Regulation (No. 1) 2004 Superannuation (State Public Sector) Amendment Notice (No. 1) 2004 Superannuation (State Public Sector) Amendment of Deed Regulation (No. 1) 2004 No. No N/A N/A N/A N/A Treasury Treasury Treasury No No No N/A N/A N/A N/A N/A N/A Treasury No N/A N/A Treasury Superannuation Legislation Amendment (Postponement) Regulation 2004 No N/A N/A Attachment 2 – page 40 Department Legislation Title: Subordinate Legislation Taxation Legislation Amendment Regulation (No. 1) 2004 Wagering Amendment Rule (No. 1) 2004 Wagering Amendment Rule (No. 2) 2004 Empowering Act Q1: As per above Q2: As per above Amendment Act 2003. Q3: As per above Q4: As per above Treasury Treasury Treasury No No No Yes No - amendments to the rules of games having no competition implications. No - amendments to the rules of games having no competition implications. No N/A Note 2: the Stock Amendment Regulation (No. 2) 2004 provided for a number of amendments to the Stock Regulation 1988 to improve animal biosecurity measures for the purposes of the Act and to ensure that Queensland continues to contribute to a national approach of animal disease surveillance and control. Specifically, the amendment Regulation contained provisions to: (a) reflect the adoption of the Standard Definitions and Rules for Cattle Tick Control in Australia following the decision of NSW Agriculture to withdraw from servicing border crossing places; (b) provide for the recognition of alternative waybills issued under a corresponding law of another State or Territory; (c) prevent residues of delta-9 tetrahydrocannabinol (THC) occurring in stock caused by the consumption of industrial cannabis (Cannabis sativa); (d) update the prescribed and notifiable disease schedules to reflect the new national endorsed schedule of notifiable diseases; (e) provide for a Disease Eradication Program for 2 specific animal diseases (ie. bovine Johne’s disease and ovine Johne’s disease); (f) regulate the use of exotic disease test kits or methods and notification of confirmed detections; and (g) extend offence exemptions for feeding animal matter to stock by exempting milk and milk products that are lawfully imported into Australia. It is considered that none of these provisions represent a restriction on competition under NCP. Attachment 2 – page 41 Attachment 3 – Summary of Progress in Relation to Competitive Neutrality Reforms with Local Governments for 2004 Council Aramac Aramac Aramac Aramac Aramac Atherton Atherton Atherton Atherton Aurukun Aurukun Balonne Balonne Banana Banana Banana Banana Banana Banana Banana Banana Banana Barcaldine Barcaldine Barcaldine Barcaldine Barcaldine Barcaldine Barcaldine Barcoo Barcoo Barcoo Barcoo Bauhinia Other Roads Plant Operations Private Works Roads Water & Sewerage Environmental Services Other Roads Water & Sewerage Works & Technical General Store Tavern Other Roads Water & Sewerage Cultural Other Roads Planning and Development Assessment Private Works Public Amenities and Cleansing Recreation and Parks Refuse Management Roads Water & Sewerage Housing and Welfare Services Other Roads Plant Operations Quarry Roads Sports and Recreation Water & Sewerage Other Roads Plant Operations Recreation and Culture Roads Other Roads Business 0 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Level of Reform Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Full Cost Pricing All All All All Many All Not achieving FCR Most Not achieving FCR N/A N/A N/A N/A Most All Most All All All Most Some Not achieving FCR All All Most All Not achieving FCR All Some All All All Some Most CSOs I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 N/A N/A N/A N/A I-1 I-1 I-1 I-0 I-1 I-1 I-1 I-0 I-1 I-1 I-1 I-1 I-0 I-0 I-1 I-1 I-1 I-1 I-1 I-0 I-0 Rate of Return Positive Positive Exceeds Positive Positive Positive Positive Achieves No N/A N/A N/A N/A Achieves Achieves Achieves Achieves Achieves Achieves Achieves Achieves Target Exceeds Achieves Target Exceeds Target Achieves Target Exceeds Exceeds Achieves Target Positive Complaint Process Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Complaints No No No No No No No No No N/A N/A N/A N/A No No No No No No No No No No No No No No No No No No No No N/A Full cost pricing no longer being applied No Information Provided No Information Provided Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Full cost pricing no longer being applied Full cost pricing no longer being applied Notes (a) Code of Competitive Conduct Bauhinia Bauhinia Beaudesert Beaudesert Beaudesert Beaudesert Beaudesert Beaudesert Beaudesert Belyando Belyando Belyando Belyando Bendemere Biggenden Biggenden Blackall Blackall Blackall Blackall Boonah Boonah Boonah Boonah Boonah Boonah Booringa Booringa Booringa Booringa Booringa Booringa Boulia Boulia Bowen Bowen Bowen Bowen Bowen Plant Operations Water & Sewerage Building Services Other Roads Refuse Management Roads Sports and Recreation Water & Sewerage Workshop Fleet Operations Other Roads Refuse Management Water & Sewerage Other Roads Other Roads Water & Sewerage Fleet and Plant Services Other Roads Roads Water & Sewerage Other Roads Plant Operations Private Works Quarry Refuse Management Water & Sewerage Great Artesian Spa Maranoa Retirement Village Other Roads Plant Operations Roads Water & Sewerage Other Roads Plant and Equipment Hire Computer Services Design Services Other Roads Parks and Recreation Maintenance Plant and Equipment Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None None Code (a) Code (a) None None None None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Not achieving FCR All Many Many All Not achieving FCR Many All Most N/A N/A N/A N/A Most Many N/A N/A N/A N/A N/A All All All All Most Most Some All All All All All Some Some All All Some Most Some No I-1 I-0 I-0 I-1 I-0 I-1 I-1 I-0 N/A N/A N/A N/A I-0 I-0 N/A N/A N/A N/A N/A I-0 I-0 I-0 I-0 I-1 ICF-1 I-1 I-1 I-0 I-0 I-0 I-1 I-0 I-0 I-0 1-0 1-0 1-0 1-0 Target Exceeds Exceeds Achieves Exceeds Target Target No Positive N/A N/A N/A N/A Positive Achieves N/A N/A N/A N/A N/A Exceeds Exceeds Exceeds Exceeds Positive Positive Target Exceeds Exceeds Exceeds Exceeds Achieves Positive Positive Achieves Exceeds Target Positive Target No No Yes Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A Yes Yes N/A N/A N/A N/A N/A Yes Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A No No No No No No No N/A N/A N/A N/A No No N/A N/A N/A N/A N/A No No No No No N/A Yes No No No No No No No No No No No No 1 CN Complaint received and Resolved Resolved not to apply the code Resolved not to apply the code Resolved not to apply the code Resolved not to apply the code No Information Provided No Information Provided No Information Provided No Information Provided (a) Code of Competitive Conduct Bowen Bowen Bowen Bowen Bowen Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Brisbane Broadsound Broadsound Broadsound Broadsound Broadsound Bulloo Bulloo Bulloo Bulloo Bulloo Bulloo Bundaberg Bundaberg Bundaberg Bundaberg Bundaberg Plant and Equipment Hire Quarry Refuse Tip Services Regulatory Services Water & Sewerage Brisbane Entertainment Centre Brisbane Transport Building Certification Cemetaries and Crematoria City Assets City Design City Fleet City Hall Venues City Parking City Pools Cleansing External Road Golf Courses Plumbing Certification QEII Sports Complex River City Technology Sleeman Sports Complex Water & Sewerage Other Roads Plant Operations Sewerage Waste Management Water Supply Aerodrome Operations Environment Services and Utilities Other Roads Plant Operations Private Works Sports, Recreation and Community Facilities Aerodromes Building Services Other Roads Private Works Refuse Management Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 1 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 2 Type 3 Type 1 Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 1 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Full Cost Pricing Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) None Code (a) Some Some Not achieving FCR All All All All N/A All All All All All All All All All All All All All All All N/A N/A All None None None N/A All All All N/A All Most Some N/A Many 1-0 1-0 1-0 1-0 I-1 I-1 ICF-1 N/A I-1 I-0 I-0 I-0 I-1 I-0 I-1 ICF-1 I-0 I-1 I-O I-1 I-0 I-1 ICF-1 1-0 I-1 I-O No No I-0 N/A I-0 I-0 I-0 N/A I-1 I-0 I-0 N/A I-1 Target Target Target Exceeds Achieves Exceeds Exceeds N/A Achieves Achieves Achieves Achieves Achieves Exceeds Achieves Achieves Achieves Achieves Exceeds Exceeds Achieves Exceeds Achieves N/A N/A Exceeds No No No N/A Exceeds Exceeds Exceeds N/A Achieves Positive No N/A Positive Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes N/A Yes N/A Yes Yes Yes N/A Yes No No No No No No No N/A No No No No No No No No No No No No No No No No No No No No No N/A No N/A No N/A No No No N/A No Has not yet resolved to apply the code Has not yet resolved to apply the code Has not yet resolved to apply the code Has not yet resolved to apply the code Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied Activity has been divested (a) Code of Competitive Conduct Bundaberg Bundaberg Bundaberg Bungil Bungil Burdekin Burdekin Burdekin Burdekin Burdekin Burdekin Burke Burke Burke Burke Burnett Burnett Burnett Burnett Burnett Caboolture Caboolture Caboolture Caboolture Caboolture Caboolture Caboolture Caboolture Caboolture Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Roads Theatre Water & Sewerage Other Roads Plant Operations Other Roads Plant Management Recoverable Works Refuse Management Water & Sewerage Workshop Other Roads Plant & Equipment Private Works Water & Sewerage Caravan Parks Other Roads Plant & Fleet Refuse Management Water & Sewerage Building Services Caravan Parks Commercial Property Management Community Halls Plant & Fleet Roads Swimming Pools/Leisure Centre Waste Management Water & Sewerage Building Services Car Parking Caravan Parks Cemetaries Child Care Commercial Properties Community Housing Cultural - City Place Cultural - Civic Theatre Cultural - Grafton Arts Theatre Type 3 Type 3 Type 2 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 2 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Code (a) Code (a) Full Cost Pricing Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Some Most Most All All All All All All All All Some Some Some Not achieving FCR Most All Most Some All All Most All Many All Many Many All All All Some Many Not achieving FCR Most Most Most Not achieving FCR Not achieving FCR Not achieving FCR I-0 I-1 I-0 I-0 I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-0 I-0 I-0 I-1 ICF-1 I-0 I-0 I-1 I-1 I-0 I-O I-0 I-1 I-0 I-0 I-0 I-0 ICF-1 I-0 I-1 I-0 I-1 I-0 I-0 I-1 I-1 I-1 I-1 No Positive Achieves Exceeds Exceeds Exceeds Achieves Exceeds Achieves Achieves Achieves Positive Positive Positive No Achieves Achieves Positive No Positive Exceeds Positive Achieves Positive Positive Positive Positive Exceeds Achieves Positive Target Positive Target Target Target Positive Target Target Target Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No N/A No No No No No Activity has been divested Some parts of full cost pricing no longer being applied (a) Code of Competitive Conduct Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Cairns Calliope Calliope Calliope Calliope Calliope Calliope Caloundra Caloundra Caloundra Caloundra Caloundra Caloundra Caloundra Caloundra Caloundra Cambooya Cambooya Cambooya Cambooya Cambooya Cambooya Cardwell Cardwell Cardwell Cardwell Cultural - Ticketlink Entertainment - Tank Arts Information Technology Services Laboratory Other Roads Plant and Equipment Refuse Roads Sports and Recreation Survey and Design Tourism Training Services Water and Sewerage Works Fleet Management Other Roads Park Maintenance Private Works Refuse Management Water and Sewerage Building Services Caravan Parks Child Care Cultural Other Roads Parks and Gardens Refuse Management Sports and Recreation Water and Sewerage Community and Cultural Other Roads Plant and Workshop Private Works Roads (AAPC and Contract) Water and Sewerage Community Health and Welfare Cultural Development Services Environmental Services Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 2 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 2 Type 2 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 2 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) None Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) All Not achieving FCR Some All N/A All All Not achieving FCR Not achieving FCR Not achieving FCR Not achieving FCR Not achieving FCR Most No All All All All All Most All All All Not achieving FCR Not achieving FCR Many All Not achieving FCR All Not achieving FCR Most Many Many Most Most Most Most Most Most I-0 I-1 I-0 I-1 N/A I-0 I-1 I-0 I-1 I-1 I-0 I-0 I-1 I-1 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-0 1-0 ICF-1 I-0 I-0 I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-1 Achieves Target Target Exceeds N/A Exceeds Achieves No Target Target Target Target No No Achieves Exceeds Exceeds Exceeds Exceeds Target Exceeds Exceeds Achieves No No Positive Exceeds No Achieves Target Exceeds Positive Positive Exceeds Target Positive Positive Positive Positive Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No N/A No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No longer applying full cost pricing Has not yet resolved to apply the code (a) Code of Competitive Conduct Cardwell Cardwell Cardwell Cardwell Cardwell Cardwell Carpentaria Carpentaria Carpentaria Charters Towers Charters Towers Charters Towers Charters Towers Chinchilla Chinchilla Chinchilla Chinchilla Chinchilla Clifton Clifton Clifton Clifton Clifton Clifton Cloncurry Cloncurry Cloncurry Cloncurry Cloncurry Cloncurry Cloncurry Cloncurry Cloncurry Cloncurry Cook Cook Cook Cook Cook Other Roads Parks, Reserves and Aerodromes Plant and Equipment Refuse Management Sports and Recreation Water and Sewerage Other Roads Plant and Equipment Water and Sewerage Other Roads Plant Operations and Equipment Refuse Management Water and Sewerage Cultural Centre Land Development Other Roads Plant and Equipment Water and Sewerage Environmental Management Other Roads Plant Hire Private Works Sports, Recreation and Community Water and Sewerage Aerodromes Aged Care Child Care Land Development Other Roads Plant and Equipment Private Works Refuse Management Saleyard Water and Sewerage Aerodromes Health and Environmental Services Other Roadworks Activities Planning and Development Plant Operations Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) All Most Not achieving FCR Not achieving FCR Most Many Some Many Many All All No All All No achieving FCR All All All All All All Most Many N/A Many Many Not achieving FCR N/A All All All Most Many Many Most Most All Most All I-0 I-1 I-0 I-0 I-1 I-1 I-0 I-0 I-0 I-1 ICF-1 I-0 I-0 I-1 I-0 I-0 I-0 ICF-1 I-1 I-0 I-0 I-0 I-0 I-1 I-1 I-1 I-1 N/A I-0 I-0 I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-1 I-0 Exceeds Positive Target Target Positive Positive Target Exceeds Positive Exceeds Exceeds No No Achieves Target Achieves Exceeds Positive Achieves Achieves Achieves No Positive No Positive Positive Target N/A Exceeds Exceeds Positive Target Positive Positive Positive Positive Exceeds Positive Exceeds Yes Yes Yes Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No N/A N/A N/A No No Full cost pricing and CSO policy no longer being applied No No No No No No No No No No No No No No No N/A No No No No No No No No No No No Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing and CSO policy no longer being applied (a) Code of Competitive Conduct Cook Cook Cooloola Cooloola Cooloola Cooloola Cooloola Cooloola Cooloola Cooloola Crows Nest Crows Nest Crows Nest Crows Nest Crows Nest Crows Nest Crows Nest Crows Nest Croydon Croydon Croydon Croydon Dalby Dalby Dalby Dalby Dalby Dalrymple Dalrymple Dalrymple Dalrymple Diamantina Diamantina Douglas Douglas Douglas Douglas Douglas Duaringa Sports, Recreation and Community Facilities Water and Sewerage Utilities Building Services Cultural Fleet Gravel & Quarry Operations Other Roads Recoverable Works Refuse Management Water and Sewerage Commercial Properties Highfields Cultural Centre Other Roads Parks and Gardens Plant and Equipment Refuse, Recycling and Tip Activities Road Water and Sewerage Other Roads Plant Operations Road Sports and Recreation Natural Gas Other Roads Refuse Management Road Water and Sewerage Other Roads Road Saleyard Water and Sewerage Other Roads Water and Sewerage Development Services Other Roads Plant Operations Refuse Management Water and Sewerage Other Roads Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Most All N/A N/A All All All N/A All All All Some All All All Some All Most All All All All Most Many All Most Most N/A N/A N/A N/A All All All All All All All All I-1 I-1 I-0 N/A I-0 I-0 I-0 I-0 IF-1 I-1 ICF-1 ICF-1 I-0 I-1 ICF-1 ICF-1 I-0 ICF-1 I-0 I-0 I-0 I-1 I-0 I-0 I-0 I-0 ICF-1 N/A N/A N/A N/A I-0 ICF-1 I-1 I-0 I-1 I-1 I-1 I-0 Exceeds Positive N/A N/A Achieves Exceeds Exceeds No Exceeds Achieves Achieves Target Positive Achieves Exceeds Target Exceeds Positive Exceeds Exceeds Exceeds Exceeds Positive Positive Exceeds Positive Positive N/A N/A N/A N/A Exceeds Achieves Exceeds Achieves Achieves Exceeds Exceeds Achieves Yes Yes Yes No Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No N/A No No No No No No No N/A No N/A No No No No No No No No No No N/A N/A N/A N/A No No No No No No No No No Information Provided No Information Provided No Information Provided No Information Provided Full cost pricing no longer being applied Full cost pricing no longer being applied Council has not resolved to apply the Code to this business activity (a) Code of Competitive Conduct Duaringa Duaringa Duaringa Eacham Eacham Eacham Eacham Eidsvold Eidsvold Eidsvold Emerald Emerald Emerald Emerald Emerald Emerald Emerald Esk Esk Esk Esk Esk Esk Etheridge Etheridge Etheridge Fitzroy Fitzroy Fitzroy Fitzroy Fitzroy Flinders Flinders Gatton Gatton Gatton Gatton Gatton Gayndah Plant Refuse Operations Water and Sewerage Other Roads Plant Refuse Management Water and Sewerage Plant Operations Road Water Sewerage and Cleansing Airport Land Development Other Roads Plant Private Works Refuse Management Water and Sewerage Engineering Management Other Roads Plant Refuse Management Town and Village Facilities Water and Sewerage Other Roads Plant and Equipment Road Fleet and Plant Other Roads Quarry Refuse Tip and Transfer Stations Water and Sewerage Other Roads Water and Sewerage Child Care Other Roads Refuse Management Road Water and Sewerage Other Roads Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) All All All All Most All Most Most Most Most All All All Many All Most All Not achieving FCR All Many All N/A All All All All Many Most Most Many Many All All Many All All All All All I-0 I-1 I-1 I-0 I-0 I-1 I-0 I-0 I-0 IF-1 I-0 I-0 I-0 I-0 I-0 I-1 I-0 IF-1 I-0 I-0 I-1 N/A I-1 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-1 I-0 I-1 I-0 I-0 ICF-1 I-0 ICF-1 I-0 Achieves Achieves Exceeds Exceeds Positive Exceeds Positive Positive Positive Positive Exceeds Exceeds Exceeds Positive Positive Positive Achieves Target Achieves Target Exceeds N/A Achieves Exceeds Exceeds Exceeds Positive Positive Exceeds Positive Positive Achieves Positive Positive Exceeds Exceeds Exceeds Achieves Achieves Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No N/A No No No No No No No No No No No No No No No No Council has resolved not to apply the Code to this business activity Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied (a) Code of Competitive Conduct Gayndah Gayndah Gladstone Gladstone Gladstone Gladstone Gladstone Gladstone Gladstone Gladstone Gladstone Gladstone Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Gold Coast Goondiwindi Goondiwindi Goondiwindi Goondiwindi Goondiwindi Herberton Herberton Herberton Herberton Hervey Bay Hervey Bay Hervey Bay Hervey Bay Hervey Bay Hervey Bay Hervey Bay Plant and Equipment Water and Sewerage Art Gallery Building Certification Child Care Entertainment Land Development Plant Refuse Management Sports and Recreation Water and Sewerage Works Building Services Car Parking Cemeteries Cleansing (Refuse) Cultural Malls Management Other Roads Quarry Sports and Recreation Tourism Water and Sewerage Other Roads Parks and Gardens Plant and Equipment Refuse Management Water and Sewerage Other Roads Plant Road Water and Sewerage Aerodromes Building Services Caravan Parks Other Roads Plant Operations Refuse Management Road Non Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 1 Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 1 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Code (a) Code (a) Code (a) None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation None None Code (a) Code (a) None Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None All Most Many N/A N/A Many All All All All All All All N/A N/A All N/A N/A Not achieving FCR Most N/A All All Not achieving FCR Not achieving FCR Not achieving FCR Not achieving FCR Some All All All All All All All Many Many All N/A I-0 I-0 I-1 N/A N/A I-1 I-1 I-0 ICF-1 IF-1 ICF-1 I-0 I-1 N/A N/A ICF-1 N/A N/A I-0 I-0 N/A I-0 ICF-1 N/A N/A N/A N/A I-1 I-0 I-0 I-0 I-0 I-1 I-0 I-0 I-0 I-0 I-0 N/A Achieves Positive Positive N/A N/A Positive Positive Positive Achieves Achieves Achieves Achieves Exceeds N/A N/A Exceeds N/A N/A No Positive N/A Exceeds Positive N/A N/A N/A N/A Positive Achieves Achieves Exceeds Positive Achieves Exceeds Exceeds Positive Positive Exceeds N/A No No No N/A N/A Yes Yes Yes Yes Yes No Yes Yes N/A N/A Yes N/A N/A Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes Yes No No Yes N/A No No No N/A N/A No No No No No No No No N/A N/A No N/A N/A No No n/A No No No No No No No No No No No No No No No No No N/A Council has resolved not to apply the Code to this business activity Full cost pricing is no longer being applied Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity This activity has been divested (a) Code of Competitive Conduct Hervey Bay Hervey Bay Hinchinbrook Hinchinbrook Hinchinbrook Ilfracombe Ilfracombe Ilfracombe Inglewood Inglewood Inglewood Ipswich Ipswich Ipswich Ipswich Ipswich Ipswich Ipswich Ipswich Ipswich Ipswich Isis Isis Isis Isis Isis Isis Isis Isisford Isisford Isisford Isisford Isisford Jericho Jericho Jericho Jericho Johnstone Johnstone Water and Sewerage Workshop Other Roads Waste Management Water and Sewerage Other Roads Plant Operation and Maintenance Recreation and Culture Other Roads Road Water and Sewerage Asphalt Plant Building Services Cemeteries Cleansing (Refuse) Cultural Information Technology Other Roads Plant Provider Unit Sports and Recreation Water and Sewerage Environmental Services Other Roads Plant Operations Private Works Refuse Management Sports and Recreation Water and Sewerage Other Roads Plant Operations Quarry Recreation and Culture Road Other Roads Plant Operations Road Water and Sewerage Community Services Other Roads Type 2 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 2 Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 1 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None None Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) All Most Many Most All N/A Many All N/A N/A N/A N/A Some Some All Some All Most Most Many All Many Not achieving FCR Not achieving FCR All Not achieving FCR All Most All Most Most Many Not achieving FCR All All All Some N/A All ICF-1 I-0 I-0 I-1 I-1 I-1 I-1 I-1 N/A N/A N/A N/A I-1 I-1 ICF-1 I-1 I-0 I-0 I-0 I-0 ICF-1 I-1 I-0 I-0 I-0 ICF-1 I-1 I-1 I-0 ICF-1 I-1 ICF-1 I-0 I-0 I-1 I-0 I-1 I-0 I-0 Positive Positive Positive Positive Achieves No Target Achieves N/A N/A N/A N/A Target Target Exceeds Target Achieves Positive Positive Target Achieves Positive Target Target Exceeds Target Exceeds Positive Achieves Achieves Achieves Positive Target Achieves Achieves Achieves Target N/A Exceeds Yes No Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A Yes Yes Yes Yes No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No N/A N/A N/A N/A No No No No No No No No No No No No No No No No No No No No No No No No No nO No Full cost pricing no longer being applied Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has divested the activity Full cost pricing no longer being applied (a) Code of Competitive Conduct Johnstone Johnstone Johnstone Johnstone Johnstone Jondaryan Jondaryan Kilcoy Kilcoy Kilcoy Kilcoy Kilkivan Kilkivan Kilkivan Kilkivan Kingaroy Kingaroy Kingaroy Kolan Kolan Laidley Laidley Laidley Laidley Laidley Livingstone Livingstone Livingstone Livingstone Livingstone Livingstone Livingstone Livingstone Logan Logan Logan Logan Logan Logan Private Works Property Operations Refuse Management Water and Sewerage Workshop/Plant Cleansing Services Water and Sewerage Other Roads Plant Operations Private Works Water and Sewerage Other Roads Plant Road Water and Sewerage Other Roads Refuse Management Water and Sewerage Road Water and Sewerage Other Roads Plant Road Sewerage Water Caravan Parks Design Services Other Private Works Other Roads Plant Operations Property Development Refuse Management Water and Sewerage Building Services Cleansing (Refuse) Cultural (1) Cultural (2) Design Other Roads Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 2 Non Type 3 Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Most Many All Many All N/A All All All All Not achieving FCR Some Some Most Many All All Many N/A N/A All Some N/A Some All Most Many Not achieving FCR All Most All All All All All All Not achieving FCR All Most I-0 I-1 N/A N/A I-0 I-0 I-1 I-0 I-0 I-0 I-1 I-0 I-1 I-0 I-1 I-0 I-1 I-1 N/A N/A I-0 I-0 N/A I-0 ICF-1 I-0 I-0 I-0 I-0 I-0 I-0 I-1 I-1 I-0 ICF-1 I-0 I-0 I-0 I-0 No Positive Achieves No Exceeds N/A Exceeds Achieves Exceeds Exceeds Target No No Positive Positive Exceeds Achieves Positive N/A N/A Exceeds Positive N/A Positive Achieves Positive Positive Target Achieves Positive Achieves Exceeds Achieves Achieves Exceeds Achieves Target Positive Positive Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A N/A Yes Yes N/A N/A No Yes Yes Yes Yes Yes No No No Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No N/A N/A No No N/A N/A No No No No No No No No No No No No No No No Full cost pricing is no longer being applied Council has resolved not to apply the Code to this business activity Full cost pricing is no longer being applied Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Full cost pricing no longer being applied Full cost pricing no longer being applied Full cost pricing no longer being applied (a) Code of Competitive Conduct Logan Logan Logan Logan Longreach Longreach Longreach Longreach Longreach Longreach Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mackay Mareeba Mareeba Mareeba Mareeba Mareeba Mareeba Maroochy Maroochy Maroochy Maroochy Maroochy Maroochy Maroochy Maroochy Maroochy Plant Fleet Services Quarry Sports and Recreation Water and Sewerage Environmental Management Other Roads Plant Road Sport and Recreation Water and Sewerage Building Services Cemeteries Design Entertainment Land Development Other Roads Plant and Equipment Plumbing Permits and Inspections Public Toilets Refuse Management Road Sports and Recreation Water and Sewerage Workshop Design Laboratory Other Roads Refuse Management Water and Sewerage Workshop Aerodromes Building Services Car Parking Caravan Parks Cemeteries Certification Child Care Cleansing (Refuse) Cultural Type 3 Non Type 3 Type 3 Type 1 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 2 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 2 Type 3 Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) None Code (a) Code (a) Commercialisation Code (a) Full Cost Pricing Code (a) Many Some All Most N/A All All All All Not achieving FCR Most No N/A Many All All All All All All Not achieving FCR Many Most Most Not achieving FCR Not achieving FCR All All All All All Many N/A All Most N/A Some All Not achieving FCR I-0 I-0 I-0 I-1 I-0 I-0 I-0 I-0 ICF-1 ICF-1 I-0 I-0 N/A I-1 I-0 I-1 I-1 I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-0 I-0 I I-1 I-1 I-0 ICF-1 ICF-1 N/A I-0 ICF-1 N/A ICF-1 ICF-1 ICF-1 Achieves N/A Achieves Positive N/A Exceeds Exceeds Exceeds Exceeds No No No N/A Positive Achieves Exceeds Exceeds Exceeds Exceeds Achieves No No Achieves Positive No No Exceeds Exceeds Achieves Exceeds Positive No N/A Exceeds Positive N/A No Exceeds No Yes Yes Yes Yes No No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes N/A Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No N/A No No N/A No No No Ceased operation Some parts of full cost pricing no longer being applied Council has resolved not to apply the Code to this business activity Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Council has resolved not to apply the Code to this business activity Insufficient information provided (a) Code of Competitive Conduct Maroochy Maroochy Maroochy Maroochy Maroochy Maroochy Maryborough Maryborough Maryborough Maryborough Maryborough Maryborough Maryborough McKinlay McKinlay McKinlay Millmerran Millmerran Millmerran Mirani Mirani Mirani Mirani Mirani Miriam Vale Miriam Vale Miriam Vale Miriam Vale Monto Monto Monto Monto Monto Mornington Mornington Mornington Mount Isa Mount Isa Mount Isa Design Other Roads Quarry Road Sports and Recreation Water and Sewerage Aerodromes Brolga Theatre Fleet and Plant Management Other Roads Refuse Management Showground Water and Sewerage Other Roads Road Water and Sewerage Other Roads Plant and Equipment Water and Sewerage Other Roads Plant Fleet Management Quarry Waste Management Water Supply Economic Development, Promotion and Tourism Other Roads Plant Operations and Maintenance Water and Sewerage Environmental Services Plant Operations Road Sports, Recreation and Community Facilities Water and Sewerage Aged Peoples Home Other Roads Tavern/Hotel Building Services Engineering Services Entertainment Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 1 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Type 3 None Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) All Not achieving FCR All Not achieving FCR Not achieving FCR All All All All All All All All N/A N/A N/A All All Many All All All Most Most All All All Not achieving FCR All All All All All Many Many Many Not achieving FCR All Many ICF-1 I-0 I-0 I-0 ICF-1 I-1 I-1 I-1 I-0 I-0 I-1 I-1 ICF-1 N/A N/A N/A I-0 I-0 I-1 I-0 I-1 I-0 I-1 I-1 I-1 I-1 I-0 I-0 I-1 I-0 I-0 I-1 I-1 I-1 I-0 I-0 I-1 I-0 I-1 Target No Exceeds No No Achieves Achieves Achieves Exceeds Exceeds Exceeds Positive Achieves N/A N/A N/A Achieves Achieves No Achieves Achieves Exceeds Positive Positive No Exceeds Exceeds Target Exceeds Achieves Exceeds Achieves Achieves Positive Positive Positive No Exceeds Positive Yes Yes Yes Yes Yes Yes No No No No No No Yes N/A N/A N/A Yes Yes Yes No No No No No Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No Yes No No No No No No No No No No No No No N/A N/A N/A No No No No No No No No No No No No No No No No No No No No No No No Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity (a) Code of Competitive Conduct Mount Isa Mount Isa Mount Isa Mount Isa Mount Isa Mount Isa Mount Morgan Mount Morgan Mundubbera Mundubbera Mundubbera Mundubbera Murgon Murgon Murgon Murgon Murgon Murgon Murilla Murilla Murilla Murilla Murweh Murweh Murweh Murweh Murweh Murweh Murweh Murweh Nanango Nanango Nanango Nanango Nanango Nebo Nebo Nebo Nebo Other Roads Plant Operations Refuse Management Road Tourism Water and Sewerage Sole Invitee Works Water and Works Environmental and Health Plant Operation and Maintenance Road Water and Sewerage Commercial Properties Other Roads Plant Operations Refuse Management Tourism Water and Sewerage Other Roads Plant Operations Road Water and Sewerage Aerodrome Operations Area Promotion and Development Environmental Services and Utilities Other Road Works Plant Operations Private Works Sports, Recreation and Community Facilities Water and Sewerage Utilities Building Services Other Roads Plant and Equipment Refuse Management Water and Sewerage Other Roads Plant Operations Recreation and Sports Saleyard Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) All Many All All Many No All Many All All All Many All Not achieving FCR Not achieving FCR All All All All All All Many Many Many Many All All All All All Not achieving FCR Not achieving FCR Not achieving FCR Some All Some Most Some Many I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-0 I-1 I-1 ICF-1 I-0 I-1 I-0 I-0 I-0 I-0 I-0 I-o I-0 I-0 I-0 I-1 I-1 I-1 I-0 I-0 I-1 I-1 I-1 I-0 I-0 I-0 I-1 I-1 I-0 I-0 I-0 I-0 Exceeds Positive Exceeds Exceeds Positive No Exceeds Positive Achieves Exceeds Exceeds Positive Achieves Target Target Exceeds Exceeds Achieves Achieves Positive Achieves Positive Positive Positive Positive Exceeds Exceeds Exceeds Exceeds Exceeds No No No No Achieves No Positive Target Positive Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied (a) Code of Competitive Conduct Nebo Nebo Noosa Noosa Noosa Noosa Noosa Noosa Noosa Noosa Noosa Noosa Paroo Paroo Paroo Peak Downs Peak Downs Peak Downs Peak Downs Peak Downs Peak Downs Peak Downs Peak Downs Perry Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pine Rivers Pittsworth Pittsworth Pittsworth Quilpie Quilpie Waste Management and Environmental Services Water and Sewerage Building Services Caravan Parks Child Care Other Roads Plant Operations Quarry Refuse Management Respite Care Sports and Recreation Water and Sewerage Other Roads Plant Operations Water and Sewerage Capella Cultural Centre Cleansing Services Parks and Gardens Private Works Quarry Road Water and Sewerage Workshop/Plant Maintenance Road Building Services Child Care Commercial Properties Cultural 1 Cultural 2 Nurseries Refuse Management Road Sports and Recreation Water and Sewerage Other Roads Plant and Equipment Water and Sewerage Community Services Other Roads Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 2 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Type 2 Non Type 3 Type 3 Type 2 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None Commercialisation Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Some Not achieving FCR All All Most Many Most All Many Not achieving FCR Not achieving FCR Most Some Some Some All Not achieving FCR All N/A N/A N/A Many Some N/A Most All Many N/A N/A N/A All Not achieving FCR Not achieving FCR Most All All N/A All All I-0 I-0 I-0 I-0 IF-1 I-0 I-0 I-0 I-1 I-0 I-1 ICF-1 I-1 I-1 No I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-0 N/A I-0 I-0 ICF-1 N/A N/A N/A ICF-1 I-0 I-0 ICF-1 I-0 I-0 ICF-1 ICF-1 I-0 Target Target Exceeds Exceeds Positive Positive Positive Exceeds Positive No No Positive Target Target Positive Achieves Target Achieves No No No Target Target N/A Positive Achieves Positive N/A N/A N/A Exceeds No No Positive Exceeds Exceeds N/A Exceeds Exceeds Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No N/A Yes No No N/A N/A N/A No No No No No No No No No Full cost pricing is no longer being applied Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity No Information Provided Complaint satisfactorily resolved Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied (a) Code of Competitive Conduct Quilpie Redcliffe Redcliffe Redcliffe Redcliffe Redcliffe Redcliffe Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Redland Richmond Richmond Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Rockhampton Plant Operations Cemeteries Entertainment Other Roads Redcliffe Works Refuse Management Water and Sewerage Building Services Caravan Parks Cemeteries Child Care Cleansing (Refuse) Cultural Entertainment Centre/Hall Family Day Care Land Development Other Roads Outside School Hours Care Plant and Equipment Private Works Quarry Respite Care Water and Sewerage Other Roads Plant and Equipment Aerodromes Building Services Cemeteries Child Care Entertainment Fleet and Plant Grasslands Residential Industrial Estates Nurseries Other Roads Private Works Refuse Management Road Sports and Recreation Non Type 3 Type 3 Type 3 Non Type 3 Type 2 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 2 Type 3 Type 3 Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 2 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 3 Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 3 Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Some Many Many Some Not achieving FCR All All Not achieving FCR Not achieving FCR Not achieving FCR All All Not achieving FCR Not achieving FCR Not achieving FCR Some All Not achieving FCR All Most Most Most All All All Some All Not achieving FCR Not achieving FCR Some Some N/A N/A All Many Not achieving FCR All Many Some I-1 I-1 I-1 I-0 ICF-1 I-1 I-1 I-0 I-0 I-0 I-0 I-1 I-0 I-0 I-0 N/A I-0 I-0 I-0 I-o I-0 I-0 I-1 I-0 I-0 I-0 I-0 I-1 I-0 I-1 I-0 N/A N/A I-0 I-0 I-0 I-0 I-0 I-1 Target Positive Positive Positive No Exceeds Achieves No No No Positive Exceeds No No No Positive Achieves No Achieves Positive Positive Positive Achieves Exceeds Exceeds Target Achieves Target No Target Target N/A N/A Positive Target No Exceeds Target Target Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity Council has resolved not to apply the Code to this business activity (a) Code of Competitive Conduct Rockhampton Rockhampton Roma Roma Roma Roma Roma Roma Rosalie Rosalie Rosalie Rosalie Sarina Sarina Sarina Sarina Sarina Stanthorpe Stanthorpe Stanthorpe Stanthorpe Tambo Tambo Tara Tara Tara Tara Taroom Thuringowa Thuringowa Thuringowa Thuringowa Thuringowa Thuringowa Thuringowa Tiaro Tiaro Tiaro Tiaro Tourism Water and Sewerage Big Rig Tourist Attraction Garbage and Refuse Gas Plant Operations Road Water Supply and Sewerage Other Roads Plant Operations Refuse Management Water and Sewerage Other Roads Plant Operations Road Waste Management Water and Sewerage Other Roads Plant Operations Refuse Management Water and Sewerage Other Roads Road Nursing Home Other Roads Sole Invitee Works Water Supply and Sewerage Water and Sewerage Building Services Engineering Design Unit Fleet Waste Water and Sewerage Works Workshop Other Roads Private Works Refuse Management Road Type 3 Type 2 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 N/A N/A Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 2 Non Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None None None None None Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Some All All Most Some All All All Many Not achieving FCR Some All Most Some Most Most Many All All All All All All N/A N/A N/A N/A N/A All All Most All All All Most Some Not achieving FCR Some Not achieving FCR N/A ICF-1 ICF-1 I-0 I-0 I-0 I-0 I-0 I-0 I-0 I-1 I-1 I-0 I-1 I-0 I-1 I-1 I-0 I-0 I-0 I-1 I-0 I-0 N/A N/A N/A N/A N/A I-0 I-0 I-0 I-0 I-1 I-0 I-0 I-0 I-0 I-0 I-0 Target Achieves Positive Positive Positive Achieves Achieves Exceeds No Target Positive Exceeds Achieves Target Achieves Positive Positive Achieves Achieves Exceeds Achieves Exceeds Exceeds N/A N/A N/A N/A N/A Exceeds Exceeds Positive Exceeds Achieves Exceeds Positive Positive Target Positive Positive Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No Yes Yes Yes Yes Yes Yes N/A N/A N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No No No No No No No No No No No No No No No No no N/A N/A N/A N/A N/A No No No No No No No No No No No Council has resolved not to apply the Code to this business activity Full cost pricing is no longer being applied Full cost pricing is no longer being applied No Information Provided No Information Provided No Information Provided No Information Provided No Information Provided Full cost pricing is no longer being applied (a) Code of Competitive Conduct Tiaro Toowoomba Toowoomba Toowoomba Toowoomba Toowoomba Toowoomba Toowoomba Toowoomba Toowoomba Torres Torres Torres Torres Torres Torres Torres Townsville Townsville Townsville Townsville Townsville Townsville Townsville Townsville Townsville Townsville Townsville Townsville Waggamba Waggamba Wambo Wambo Wambo Wambo Wambo Wambo Wambo Wambo Water and Sewerage Airport Cemeteries Competitive Development Assessment Entertainment Fleet and Plant Laboratory Road Sports and Recreation Water and Sewerage ($704,000) Aerodromes Child Care Garbage and Refuse Other Roads Plant and Equipment Private Works Water and Sewerage Building Services Car Parking Child Care Cleansing (Refuse) Commercial Properties Cultural Entertainment Land Development Nurseries Other Roads Plant and Equipment Water and Sewerage Other Roads Water and Sewerage Design Laboratory Other Roads Plant Operations Quarry Road Saleyard Water and Sewerage Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 2 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 3 Type 3 Type 2 Type 3 Type 3 Type 3 Type 3 Type 3 Non Type 3 Type 3 Type 1 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Full Cost Pricing Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) None Code (a) Code (a) Code (a) Code (a) Code (a) Commercialisation Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) None Code (a) Some All Many Most All All All Most Most Most Some Some Many Many Not achieving FCR Some Some All All Many All All N/A Many All All All All All Most Most Some Some All None All All N/A Not achieving FCR I-0 I-1 N/A I-1 I-1 I-0 I-0 I-0 N/A N/A I-1 I-1 I-1 IF-1 I-1 I-1 I-1 I-1 I-1 I-0 I-1 I-0 N/A I-1 I-0 I-0 I-0 I-1 I-1 I-1 ICF-1 I-0 I-0 I-0 I-0 I-0 I-0 N/A I-0 No Positive Target Postive Positive Positive Exceeds Target Positve Target Positive Positve Positive Positive Target Positive Target Achieves Achieves No Achieves Achieves N/A Positive Achieves Exceeds Exceeds Exceeds Achieves Positive Achieves No Target Exceeds Target Achieves Achieves N/A Target Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No N/A Yes No No No No No No No No No No No No No No No No No No No No No No N/A No No No No No No No No No No No No No No N/A No Full cost pricing is no longer being applied Full cost pricing is no longer being applied Council has not resolved to apply the Code to this business actiivity (a) Code of Competitive Conduct Wambo Warroo Warroo Warwick Warwick Warwick Warwick Warwick Warwick Warwick Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Whitsunday Winton Winton Winton Winton Winton Winton Winton Wondai Wondai Wondai Wondai Woocoo Woocoo Workshop Other Roads Water and Sewerage Other Roads Parks and Gardens Recreation and Aquatic Centre Refuse Management Saleyards Water and Sewerage Workshop and Plant Hire Aerodromes Building Services Community Facilities Jetty Other Roads Parks and Gardens Plant Operation and Maintenance Quarry Tourism Facilities Waste Management Services Water and Sewerage Other Roads Parks and Gardens Plant Operations Private Works Road Saleyards Water and Sewerage Other Roads Plant Operations Private Works Water and Sewerage Other Roads Plant Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Type 3 Non Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Type 3 Non Type 3 Non Type 3 Non Type 3 Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Code (a) Not achieving FCR Most Most All All Many All Most Most Most All Many All All All Most All All Many All Many All All All Some All All Most Some Some Some Some Many Many I-0 I-0 I-1 I-0 I-0 I-1 I-0 I-1 I-1 I-0 I-0 I-1 I-1 I-1 I-1 I-1 I-0 I-0 I-1 I-1 I-1 I-0 I-0 I-0 I-0 I-0 I-0 I-0 N/A I-0 N/A I-1 N/A N/A Target Positive Positive Exceeds Exceeds Positive Achieves Positive Achieves Achieves Exceeds No Achieves Exceeds Exceeds Positive Achieves Exceeds Positive Exceeds Positive Achieves Achieves Achieves Positive Exceeds Achieves Positive Target Positive Target Target Positive Positive Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No Yes Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No Full cost pricing is no longer being applied Full cost pricing is no longer being applied Full cost pricing is no longer being applied (a) Code of Competitive Conduct Type 1 Businesses - exceeding $18,800,000 or $31,400,000 (combined water/sewerage operations) in annual expenditure per annum. Type 2 Businesses - exceeding $6,200,000 or $9,400,000 (combined water/sewerage operations) in annual expenditure per annum. Non Type 3 Businesses - non-competitive businesses exceeding $200,000 in annual expenditure per annum. Type 3 Businesses - competitive or potentially competitive businesses exceeding $200,000 in annual expenditure per annum. Full cost Pricing Non Type 3 Not achieving FCR Some Many Most All N/A None Total Type 3 Not achieving FCR Some Many Most All N/A None Total Type 2 Not achieving FCR Some Many Most All N/A None 1 0 0 6 15 0 0 4.55% 0.00% 0.00% 27.27% 68.18% 0.00% 0.00% I-0 I-1 ICF-1 N/A IF-1 IC-1 2 8 11 1 0 0 The Code Commercialisation Full Cost Pricing Corporatisation None N/A 0 18 3 1 0 0 40 21 30 33 84 23 0 231 17.32% 9.09% 12.99% 14.29% 36.36% 9.96% 0.00% Total 231 Total 231 I-0 I-1 ICF-1 N/A IF-1 IC-1 134 59 12 24 2 0 The Code Commercialisation Full Cost Pricing None N/A 185 1 0 45 0 36 44 51 60 224 56 0 471 7.64% 9.34% 10.83% 12.74% 47.56% 11.89% 0.00% Total 471 Total 471 I-1 I-1 ICF-1 N/A IF-1 IC-1 252 138 23 54 4 0 The Code Commercialisation Full Cost Pricing None N/A 382 0 0 89 0 With CN process Without No response 543 52 2 CSOs Undertaking Reforms Competitive Neutrality Complaints - alll businesses committed to reforms (a) Code of Competitive Conduct Total 22 Total 22 Total 22 Type 1 Not achieving FCR Some Many Most All N/A None Total 0 0 0 1 8 0 0 9 0.00% 0.00% 0.00% 11.11% 88.89% 0.00% 0.00% Total 9 Total 9 ICF-1 I-1 7 2 The Code Commercialisation Full Cost Pricing None N/A 0 8 1 0 0 (a) Code of Competitive Conduct