Attachment 2 Legislation review schedule at 11 March 2002 Name of legislation Dangerous Substances Act 1979 Agency J Major restrictions Barrier to market entry and restricts market conduct. Review activity Review, in conjunction with the Explosives Act 1936 and the White Phosphorus Matches Prohibition Act 1915, completed in 1999. No reforms recommended Reform activity No reform required. Employment Agents Registration Act 1993 J Licensing, entry requirements (fit Review completed in October 2000. Review Government considering review report. and proper, manager with involved public consultation. sufficient knowledge and experience to manage business), the reservation of practice, business conduct (maintenance of records, no misleading advertising). Barrier to market entry and restricts market conduct. Desktop review completed in December 1999. Act centres around safety and does not provide primary economic control of the industry. No reforms recommended. No reform required. Explosives Act 1936 J Page 1 of 33 Name of legislation Freedom of Information Act 1991 Agency AIS Major restrictions Government's ability to refuse access to information which relates to categories of exempt documents specified in Schedule 1 of the Freedom of Information Act, in particular documents affecting the economy of the State, documents affecting financial or property interests and documents affecting business affairs. Exempts some industries from legal requirements applying to competitors. Restricts market competition. Review activity Reform activity Desktop review completed in September The review report was noted in Cabinet 2000. No reform recommended. The Act on 28 August 2000. No reform required. does not require amendment to meet the obligations for the South Australian Government under the National Competition Policy. Its operation promotes competition by enabling access to official information on a regulated basis. Manufacturing Industries Protection Act 1937 Occupational Health Safety and Welfare Act 1986 Sewerage Act 1929 J Review completed March 1999. Public consultation. Review completed in November 2000. Involved public consultation. Act repealed 1999. J T&F Government considering report. Government approved the drafting of amendments to the legislation to implement the recommendations and legislation has been drafted. Barriers to market entry and Review, in conjunction with review of South restricts market conduct; product Australian Water Corporation Act 1994 and or service standards. Waterworks Act 1932, completed in 2001. The main feature of the Review Report argued for the establishment of a policy framework which is supportive of innovative water and wastewater service practices from 3rd party providers, particularly in urban and near urban areas. Restricts market conduct. Shearers Accommodation Act 1975 J Review completed in March 1999. Involved Act repealed 1999. public consultation. Page 2 of 33 Name of legislation Shop Trading Hours Act 1977 Agency J Major restrictions Review activity Reform activity Limited changes took effect from June 1999. Significant restrictions, including: Review completed in 1998. Report not controls on the hours during released by Government. which shops may open; variation in allowed opening hours based on the day of the week; and variation in permitted opening hours vary depending on shop location, size and products sold. Monday-to-Saturday trading hours are restricted. Sunday trading is prohibited in Adelaide outside the central business district, where hours are restricted. South Australian Ports Corporation Act 1994 T&F Restricts market conduct. Divestment of Ports Corporation occurred in Nov 2001. The South Australian Ports (Disposal of Maritime Assets) Act 2000 includes a provision to enable the Governor to repeal the SA Ports Corporation Act 1994 Parliament passed legislation for the lease/sale of the corporation in December 2000. Likely that the SA Ports Corporation Act 1994 will repealed during 2002. South Australian Water Corporation Act 1994 T&F Barriers to market entry, and restricts market conduct. Review, in conjunction with review of Sewerage Act 1929 and Waterworks Act 1932, completed in 2001. Review completed. Government approved the drafting of amendments to the legislation to implement the recommendations and legislation has been drafted. Corporation sold in 1995-96. The Act was amended to repeal most of original Act including all reference to sheltered workshops. Legislation to sell SALC was defeated in Parliament November 2000. Government decision to restructure to separate policy, regulation and management. State Clothing Corporation Act AIS 1977 Protects sheltered workshops. State Lotteries Act 1966 T&F Restricts market conduct. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, to be reviewed. Review well advanced and draft report near completion. Page 3 of 33 Name of legislation State Supply Act 1985 Survey Act 1992 Agency AIS AIS Major restrictions Restricts market conduct. Review activity Desktop review completed. Reform activity Report with government for consideration. Report with Government for consideration. Licensing, registration, entry Review completed in 1999, but report not requirements (education, yet released. Review involved public experience, fit and proper), the consultation. reservation of title (and derivatives), the reservation of practice, disciplinary processes, business conduct (including ownership restrictions), business licensing. Barriers to market entry, and restricts market conduct, product/service standards. Barrier to market entry and restricts market conduct. Joint review with Sewerage Act 1929 and South Australian Water Corporation Act 1994 completed in 2001. Review completed in April 1999. Waterworks Act 1932 T&F Government approved the drafting of amendments to the legislation to implement the recommendations and legislation has been drafted. Government has approved negotiation with Commonwealth so that Act can be repealed without international implications. White Phosphorus Matches Prohibition Act 1915 J Workers Rehabilitation and Compensation Act 1986 T&F Mandatory insurance, monopoly insurer, centralised premium setting. Restricts market conduct. Review underway. Draft final report completed. Anticipate that final report will be submitted to the Government for consideration in March/April 2002. Review completed. Repealed by the Water Resources Act 1997, and the Catchment Water Management Act 1995. No reform required. Catchment Water Management EH Act 1995 Coast Protection Act 1972 EH Restricts market conduct. Review completed in December 1999. Involved public consultation. No NCP reform recommended. Page 4 of 33 Name of legislation Crown Lands Act 1929 Agency EH Major restrictions Restricts market conduct. Review activity Review completed in December 1999. Involved public consultation. Reform activity Removal of barriers to more cost efficient processes and repeal of superfluous provisions approved. Cabinet approval to draft amendments is being sought. Repeal approved. Cabinet approval to draft amendments is being sought. No reform required. Discharged Soldiers Settlement Act 1934 Environment Protection Act 1993 Heritage Act 1993 EH EH Restricts market conduct. Barrier to market entry and restricts market conduct. Restricts market conduct. Review completed in December 1999. Involved public consultation. Review completed in 1999. Public consultation. No NCP reform recommended. EH Review completed in 1999. Review involved No reform required. consultation with stakeholders. No NCP reform recommended. Review completed in December 1999. Legislation to be repealed in 2002. Reviewed with associated legislation. No major issues identified. Recommended that legislation be updated and consolidated. Review completed December 1999. Public consultation. Reform recommended Review completed December 1999. Public consultation. Reform recommended Reform introduced via National Parks and Wildlife (Miscellaneous) Amendment Act 2000 (in operation 24 August 200) Native Vegetation (Miscellaneous) Amendment Bill 2001 introduced but not passed before the calling of the State election. Reforms introduced via Prevention Of Cruelty To Animals (Miscellaneous) Amendment Act 1999 (in operation 1 February 2000). Act to be repealed. Irrigation (Land Tenure) Act 1930 EH Restricts market conduct. National Parks and Wildlife Act EH 1972 Native Vegetation Act 1991 EH Restricts market conduct. Restricts market conduct. Prevention of Cruelty to Animals Act 1985 EH Requires licences for teaching and research involving animals. Review completed in 1999. Public consultation. Reforms recommended. Racing Act 1976 EH Barrier to market entry and restrictions on market conduct. Review completed in January 2000. Page 5 of 33 Name of legislation Sandalwood Act 1930 Agency EH Major restrictions Caps the quantity of naturallyoccurring sandalwood harvested from Crown and private land. Licensing the harvesting of sandalwood. Restricts market conduct. Review activity Review completed in 1999. The review recommended repeal of the Act. Reform activity Act repealed (7 of 2001), effective 5/4/01. War Service Land Settlement Agreement Act 1945 Wilderness Protection Act 1992 Children's Services Act 1985 and Regulations EH Review completed in December 1999. Involved public consultation. No NCP reform recommended. Review completed in December 1999, recommending no reform. Review completed in 2000. No reform recommended. Government has endorsed review recommendation. No reform required. EH ETE Restricts market conduct. Barrier to market entry and restricts market conduct. Restricts market conduct. No reform required. No NCP reform required. Construction Industry Training ETE Fund Act 1993 Review completed in 1997. Involved public No NCP reforms required. consultation. No NCP reform recommended. Act to be reviewed again in 2003. Review completed in July 2000. Review involved public consultation. No reform recommended. Government has endorsed review recommendation. No NCP reform required. Education Act 1972 and Regulations ETE Barrier to market entry and restricts market conduct. Provides for registration of nongovernment schools and for registration of non-government schools wishing to enrol overseas students. Teacher licensing, registration, entry requirements (qualification, experience, fit and proper person), reservation of practice, disciplinary processes. Meets CPA obligations (6/01) Vocational Education, Employment and Training Act 1994 ETE Registers training providers and accredits training courses. Review completed in April 2000. Concluded No NCP reforms required. that public benefits of restrictions outweigh Meets CPA obligations (6/01) costs. Page 6 of 33 Name of legislation Agency Major restrictions Restricts market conduct requires mandatory notification. Review activity Review completed in 1999. Reform activity Cabinet has approved drafting of amendments to the Act. Cabinet has approved drafting of amendments. Draft Bill prepared. Children's Protection Act 1993 HS Chiropodists Act 1950 HS Entry, registration, title, practice, Review completed in January 1999, discipline, advertising, ownership, recommending removing ownership and business licensing. advertising restrictions and limiting reserved practice. Entry, registration, title, practice, Review completed. Review recommended discipline, advertising, insurance, removing ownership restrictions and business licensing, ownership. amending practice reservation and advertising codes. Restricts market conduct. Part of Galbally Review. Draft Review Report 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001 and under consideration by the Australian Health Ministers Advisory Council. Chiropractors Act 1991 HS Cabinet has approved drafting of amendments to the Act. Bill being drafted. Controlled Substances Act 1984 HS Dentists Act 1984 HS Entry, registration, title, practice, Review completed in February 1999. discipline, ownership, advertising, Recommendations included changing the business. disciplinary process, introducing paraprofessional registration and removing some areas of reserved practice. The review also recommended the removal of ownership restrictions. New legislation introduced 25 October 2000. Limits on ownership and related restrictions maintained, contrary to review recommendations. Dental Practice Act repeals Dentists Act. The following sections came into operation 13 December 2001: Ss. 1-3, 6(3), 89 & 91 and Sched. cls. 2(2), 4 & 7. The remainder of Act is not yet in operation. Cabinet approved drafting of amendments to the Act. The Bill was rejected by the House of Assembly. Family and Community Services Act 1972 HS Barrier to market entry and Review completed in 1999. restricts market conduct of foster care agencies. Page 7 of 33 Name of legislation Food Act 1985 Agency HS Major restrictions Offence to manufacture or sell food that does not meet prescribed standard. Review activity National review completed in 2000 (see NSW Food Act 1989). Reform activity All Australian Governments agreed in November 2000 to adopt core provisions of the Model Food Bill by November 2001. A new Food Act was passed in July 2001. Housing Improvement Act 1940 HS Barriers to entry & restricts market conduct Review completed in March 1999. Involved Cabinet approved drafting on 26 June public consultation. Restrictions were 2000. The amendment will be made the assessed as trivial. One minor clarification next time the Act is amended. to section 45 recommended. New legislation introduced in May 2001 (second reading speech 5/7/01), not passed before the calling of the State election. Medical Practitioners Act 1983 HS Entry, registration, title, practice, Review completed in 1999. Review discipline, advertising, business. recommended removing ownership restrictions, registering medical students, requiring declaration of commercial interests and requiring professional indemnity insurance. Entry, registration, title, practice, Review completed in 1998. discipline, advertising. Recommendations that provide greater clarity and accountability and remove the power to restrict advertising. Entry, registration, title, practice, Review completed in 1999. Review discipline. recommended maintaining registration requirements. Nurses Act 1984 HS New legislation, Nurses Act 1999, passed in line with recommendations. Meets CPA obligations (6/01) Cabinet has approved drafting of amendments to the Act 21 August 2000. Draft Bill prepared. Occupational Therapists Act 1974 Optometrists Act 1920 HS HS Entry, registration, title, practice, Review completed in April 1999. Under consideration by Government. discipline, advertising. Recommendations include extending coverage to include optical dispensers, removal of restriction on training providers and the introduction of a code of conduct. Page 8 of 33 Name of legislation Pharmacists Act 1991 Agency HS Major restrictions Review activity Reform activity Entry, registration, title, practice, National Review of Pharmacy Regulation CoAG referred the Wilkinson Review to discipline, advertising, business, (Wilkinson Review) completed in February a senior officials' working party, which is ownership, licensing. 2000. The review recommended retaining yet to report back to CoAG. registration, the protection of title, practice restrictions and disciplinary systems (although with minor changes to the registration systems recommended for individual jurisdictions). Further, the review recommended maintaining existing ownership restrictions, and removing business licensing restrictions. Entry, registration, title, practice, Review completed in February 1999. Cabinet approved drafting amendments discipline, advertising, ownership. Recommendations include publication of a 28 August 2000. Draft Bill prepared. code of conduct without advertising restrictions, amended definitions of areas of practice protected, removal of the requirement to register business names, removal of ownership restrictions, prohibition of undue influence, demonstration of continuing competence and removal of advertising and unprofessional conduct provisions from code of ethics prior to adoption of a code of conduct. Entry, registration, title, practice, Review completed in 1999. Review discipline, advertising recommended removing advertising and practice restrictions. Restricts market conduct. Review completed. Cabinet has approved drafting amendments to the Act 23 April 2001. Draft Bill prepared. The Minister has endorsed the review. The requirement for authorised officers to have approved qualifications will be addressed in a broad review of the Act scheduled for 2002/2003. Physiotherapists Act 1991 HS Psychological Practices Act 1973 HS Public & Environmental Health HS Act 1987 Page 9 of 33 Name of legislation Radiation Protection and Control Act 1982 South Australian Health Commission Act 1976 Agency HS Major restrictions Creates barrier to market entry and restricts market conduct. Barrier to market entry and restricts market conduct of private hospitals. Restricts market conduct Barrier to market entry and restricts market conduct. Restricts market conduct. Section 24, which contains provisions for making Regulations, may be in conflict with Trade Practices Act. Licensing (building work contractors), registration (building work supervisors), entry requirements (for contractors: qualifications, experience, sufficient business knowledge and experience and financial resources, fit and proper, not bankrupt within last ten years; for supervisor: qualifications and experience), the reservation of practice, disciplinary processes, business conduct (written contracts, product or service standards, statutory warranty). Review activity National review completed. ARPANSA is consulting with jurisdictions and will report back to AHMAC. Review completed in 1999. Final report awaiting outcome of Health Complaints Bill introduced into Parliament 29/3/01, now lapsed. Review completed in 1999. No reform recommended. Review completed in 1998. No reform recommended. Reform activity HS South Australian Housing Trust Act 1995 Supported Residential Facilities Act 1992 Tobacco Products Control Act 1986 Industries Development Act 1941 HS HS HS IT No reform required. No reform required. Repealed and replaced by the Tobacco Products Regulation Act 1997. Review underway. Building Work Contractors Act J 1995 Review completed. The Panel‟s Supplementary Issues Paper was released during the week commencing 15 October 2001 for public and industry comment. With Government for consideration. Page 10 of 33 Name of legislation Business Names Act 1996 Carriers Act 1891 (The) Consumer Credit (South Australia) Act 1995 Agency J J J Major restrictions Registration of business names Restricts market conduct. Barrier to market entry and restricts market conduct. Review activity Desktop review completed in 1998. No reform recommended. Reform activity No reform required. Review completed in 1999. Involved public Act repealed 1999. consultation. National review underway. The consultant‟s Issues Paper has been released for public comment. Final Report will go to CRR and to the Ministerial Council on Consumer Affairs. Review completed in 1999. Review involved public consultation. Review recommendations included: changing entry requirements in relation to fitness and propriety; removing ownership restrictions (but introducing requirement that a director of an incorporated company must not unduly influence a registered conveyancer); and removing the requirement that the sole object of a conveyancing company is carrying on business as a conveyancer. Review completed in 1999. Cabinet approved retention in March 1999. Removal of ownership restrictions and prohibition of undue influence amendments introduced in Parliament in late 2000. Still not passed. Conveyancers Act 1994 J Licensing, registration, entry requirements (qualifications, no convictions for offences of dishonesty), the reservation of practice, disciplinary processes, business conduct (professional indemnity insurance, trust accounts, ownership), business licensing. Meets CPA obligations (6/01) Cremation Act 1891 J Barrier to market entry and restricts market conduct. Amending legislation passed and operational in February 2001 (52 of 2000). Amendments abolished licences and removed need for Health Commission approval prior to Development Act approval and funeral directors possible monopoly. Repealed by Financial Sector Reform (South Australia) Act 1999 Financial Institutions J (Application of Laws) Act 1992 Firearms Act 1977 J Restriction of ownership of and dealing in firearms No review as Act to be repealed. Desktop review completed in July 1999. No No reform required. reform recommended. Page 11 of 33 Name of legislation Friendly Societies Act 1919 Agency J Major restrictions Restricts market conduct. Review activity Review completed. Reform activity Repealed and replaced by Friendly Societies (SA) Act 1997, subsequently repealed by Financial Sector Reform (South Australia) Act 1999 Hairdressers Act 1988 J Negative licensing, entry requirements (qualifications), reservation of practice (washing, cutting, colouring, setting, permanent waving or other treatment of a person's hair or the massaging or other treatment of a person's scalp for fee or reward). Licensing (agents, not sales representatives who are negatively licensed), registration, entry requirements (qualifications, no conviction for an offence of dishonesty, not an undischarged bankrupt or no suspension or disqualification from practising an occupation, trade or business), the reservation of practice, disciplinary processes, business conduct (provisions for maximum fees in regulations (but not used currently), indemnity fund, trust account), business licensing. Review completed in 1999. Review involved Government endorsed review public consultation. Review recommended recommendations. Parliament passed reducing the scope of work reserved for legislative amendments in March 2001. hairdressers and reviewing the Act in three years with view to its repeal. Meets CPA obligations (6/01) Land Agents Act 1994 J Review completed in 1999. Review involved Government endorsed review public consultation. recommendation. Recommendation that Act be amended to lower entry criteria (prescribed offences only indictable offences). Supplementary Review (Legal qualifications/recommendations) completed March 2001. No need to amend Act. Commissioner for Consumer Affairs has implemented recommendations administratively (recommendations were matters within his discretion). Page 12 of 33 Name of legislation Land and Business (Sale and Conveyancing) Act 1994 Agency J Major restrictions Review activity Reform activity Government endorsed review recommendation. Business conduct of agents, Review completed in 1999. Review involved conveyancers and vendors of public consultation. Review recommended property for sale of land or small no reform. business (information provision, cooling-off, subdivided land, relationship between agent and principal, preparation of conveyancing instruments, representations). Negative licensing, entry requirements (qualifications or membership of various professional associations), the reservation of practice, disciplinary processes. Review completed in 1999. Review concluded that the current qualification requirements are too onerous in relation to the postgraduate qualifications and that the Government should consider re-examining the current requirements and broadening the number and type of acceptable qualifications. Review completed in 1999. Review completed. However, as a new initiative, SCAG may review the professional legal indemnity and the guarantee funds issues. Meets CPA obligations for auctioneers and conveyancers (6/01). Land Valuers Act 1994 J Government endorsed review recommendations. Awaiting a national training package to be approved - can be given effect administratively. Landlord And Tenant Act 1936 J Legal Practitioners Act 1981 J Restricts market conduct. Licensing, registration, entry requirements, disciplinary processes, reservation of title and practice, business conduct (including monopoly professional indemnity insurance). Relevant provisions have been repealed. Government adopted the review recommendations. Restrictions on multi-disciplinary practices will be reviewed over the next two years; no change to the professional indemnity insurance provisions provided premiums remain competitive. A Bill was introduced into Parliament but not passed before the calling of the State election. Page 13 of 33 Name of legislation Liquor Licensing Act 1985 Agency J Major restrictions Legislation contains a proof-ofneed test requiring licence applicants to demonstrate that a consumer need exists for the grant of a licence; and a requirement that only hotels and retail liquor stores devoted to sale of liquor exclusively may sell liquor. Review activity Review completed in 1996 and recommended: Reform activity Reform followed review recommendations. Several restrictions on the sale of liquor were removed by (a) removal of several restrictions including the Liquor Licensing Act 1997. The new a requirement that the licensing authorities Act retains the concept of "proof of take account of the impact of a new need" to contain the number of outlets licensee on existing licence holders; and also retains the requirement that liquor can only be sold from stores (b) retention of restrictions proof of need devoted entirely to liquor sales. test and requirement that liquor can only be sold from stores devoted entirely to liquor sales; and (c) further review of liquor licensing arrangements in 3 or 4 years (when impacts of less regulated approaches in other jurisdictions are clear). Government has undertaken to review the proof of need test in 2000-01. New Minister may reconsider the proof of need requirement. Plumbers, Gas Fitters and Electricians Act 1995 J Licensing (contractors), registration (workers), entry requirements (for contractor: qualifications, experience, not undischarged bankrupt, fit and proper, sufficient business knowledge and experience and financial resources; for worker: qualifications and experience), the reservation of practice (for plumbing: water, sanitary or draining work or the installing or testing of backflow prevention devices), disciplinary processes. Issues Paper produced, submissions received. Final Report being prepared. Page 14 of 33 Name of legislation Prices Act 1948 Agency J Major restrictions Restricts market conduct. Review activity Review completed, recommending the removal of a number of restrictive provisions but the retention of price controls for infant foods, returns of unsold bread, towing, recovery, storage and quoting for repair of motor vehicles and the carriage of freight to Kangaroo Island. Review completed in August 2000. Involved public consultation. Reform activity Government enacted amendments in line with review recommendations in 2000. Meets CPA obligations (6/01). Bill introduced into Parliament and was before the Legislative Council in December 2001. No reform required. Meets CPA obligations (6/01). Public Trustee Act 1995 J Statutory powers and duties not applicable to private trustees Second-Hand Dealers and Pawnbrokers Act 1996 J Negative licensing (pawnbrokers, Review completed in 1998. No reform second-hand dealers for all goods recommended. Government endorsed except cars), registration (that is, review recommendation. notify police), entry requirements (not convicted dishonesty offence in past five years, not undisclosed bankrupt/insolvent), the reservation of practice, disciplinary processes, business conduct (pawnbrokers: prescribed records, selling of unredeemed goods; second-hand dealers: prescribed records, holding of goods for prescribed period, requirement that seller provide identification (unless sale by phone), cooperation with police). Page 15 of 33 Name of legislation Second-Hand Vehicle Dealers Act 1995 Agency J Major restrictions Review activity Reform activity Amendments passed by Parliament in October 2001. Persons convicted of a summary offence of dishonesty, will now be entitled to a licence 10 years from the date of conviction. Indictable offences of dishonesty will continue to permanently preclude a person from obtaining a licence. Barrier to market entry, business Review completed. conduct. Recommendation for audits; entitlement criteria for licensing distinction between summary and indictable offences for dishonesty. Security and Investigation Agents Act 1995 Starr-Bowkett Societies Act 1975 J Barrier to market entry (private inquiry agents, security providers), market conduct. Final Report being prepared. J Identified at national level. Payments through these societies almost complete. It is expected the Act will be repealed upon dissolution of 2 remaining societies. Last Starr Bowkett Society recently deregistered. Trade Measurement Act 1993 J Restricts market conduct. National review underway. State 1 completed by consultant, who has recommended that “non-prepacked meat” be subject to separate review (Stage 2). No change recommended for Stage 1. Review completed. No reforms recommended. Government endorsed recommendations. No reform required. Trade Standards Act 1979 J Restricts market conduct. Page 16 of 33 Name of legislation Travel Agents Act 1986 Agency J Major restrictions Licensing and compulsory consumer compensation fund. Review activity National review is underway (coordinated by Western Australia). A final review report by CIE was released in 2000. Public consultation involved release of issues paper, background paper, consultation and receiving submissions. Review recommended that entry qualifications for travel agents be removed and maintain compulsory insurance, but recommended the requirement for agents to hold membership of the Travel Compensation Fund, the compulsory insurance scheme, be dropped. Instead, a competitive insurance system where private insurers compete with the Travel Compensation Fund was viewed as the best option. To be reviewed under the Standing Committee of Attorneys-General, Parliamentary Counsel Committee with NSW as lead agency. National group has released discussion paper. Time for submissions has closed. A Report on „next steps‟ and on the discussion paper outcomes will be presented to SCAG in March „02. Reform activity Trustee Companies Act 1988 J Australian Formula One Grand P&C Prix Act 1984 Emergency Powers Act 1941 P&C The Board is not subject to the same laws as private sector competitors. Barrier to market entry and restricts market conduct in wartime Restricts use of State insignia and official emblems Review underway. Desktop review completed in December 1998. Desktop review completed in December 1998. Recommends no change. To be repealed. Unauthorised Documents Act 1916 P&C No reform required. Page 17 of 33 Name of legislation Agricultural and Veterinary Chemicals (South Australia) Act 1994 Agency PIR Major restrictions Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Review activity Reform activity National review completed in 1999 (see See Commonwealth Agricultural and Commonwealth Agricultural and Veterinary Veterinary Chemicals Code Act 1994. Chemicals Code Act 1994). Agricultural Chemicals Act 1955 PIR Chemicals must be sold with Review completed in 2000. registered label. Use of chemicals must be as per label or Ministerial directions. Restricts market conduct. Barrier to market entry and restricts market conduct. Review completed in 1999, recommending repeal. Review, in conjunction with review of Soil Conservation and Land Care Act 1989, completed in 1997. Agricultural and Veterinary Chemicals Bill before Parliament. Bill lapsed with the calling of the State election February 2002. Legislation passed April 2000 to repeal the Act. No NCP legislative amendments required. Some administrative reforms will be dealt with when the Act is amalgamated with the Soil Conservation and Land Care Act into a combined land management act in 2004-05. Act repealed by Schedule 2 Livestock Act 1997 and replaced by regulations under the Livestock Act 1997 and the Primary Industries Funding Schemes Act 1998. Agricultural Holdings Act 1891 PIR (The) Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 PIR Apiaries Act 1931 PIR Barrier to market entry and restricts market conduct. Desktop review completed in September 1998. Page 18 of 33 Name of legislation Barley Marketing Act 1993 Agency PIR Major restrictions Established the former Australian Barley Board and conferred on it a monopoly over the marketing of South Australian barley and oats. Review activity Independent review completed by the Centre for International Economics in 1998, jointly with Victoria, recommending that South Australia: · remove the domestic barley marketing monopoly; · retain the export barley marketing monopoly for only the 'shortest possible transition period'; Reform activity Act amended in 1999 to remove monopoly on domestic barley from 1 July 1999; and export barley from 1 July 2001. The Board was transferred into grower ownership on 1 July 1999. It has no regulatory powers. On 14 September 2000, the SA Minister for Primary Industries announced that the SA Government would retain the . remove the oats marketing monopoly; export monopoly over barley, citing and economic modeling showing a net · restructure the Australian Barley Board as benefit arising from the export single desk. The Act was amended to retain a private grower-owned company. the export monopoly beyond 1 July 2001 and to require a further review after two years (Dec 2002). This will be consistent with clause 5 principles. Branding of Pigs Act 1964 PIR Barrier to market entry and restricts market conduct. Barrier to market entry and restricts market conduct. South Australian Co-operative Bulk Handling Limited granted sole right to receive and deliver grain. Barrier to market entry and restricts market conduct. Desktop review completed June 2000. Act will be repealed by Schedule 2 clause 1(b) of the Livestock Act 1997. This has not yet been proclaimed. Act will be repealed by Schedule 2 clause 1(c) Livestock Act 1997. This has not yet been proclaimed. Act repealed in 1998. Meets CPA obligations. Brands Act 1933 PIR Desktop review completed Sept 1998. Bulk Handling of Grain Act 1955 PIR Review completed in 1998, recommending repeal. Cattle Compensation Act 1939 PIR Desktop review completed in September 1998. Act repealed by Schedule 2 of the Livestock Act 1997 and replaced by regulations under the Livestock Act 1997 and the Primary Industries Funding Schemes Act 1998. Page 19 of 33 Name of legislation Citrus Industry Act 1991 Agency PIR Major restrictions Restricts market conduct. Ratifies the contract for the supply of gas by Cooper Basin producers to AGL. Vesting of milk in Dairy Authority of South Australia. Farmgate price-setting for market milk. Pooling of market milk returns. Licensing of farmers, processors and vendors. Review activity Review underway. Review completed, finding substantial public benefits in continuing previously granted concessions and exemptions on grounds of sovereign risk. Review of price-setting restrictions by officials completed in 1999. It recommended removal of these. Food safety provisions remain under review by officials. Reform activity Cooper Basin (Ratification) Act PIR 1975 Some amendments being considered. Draft legislation awaiting comments. Meets CPA obligations (6/97). In line with the March 2000 communiqué signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, SA passed Dairy Industry (Deregulation of Prices) Amendment Act 2000 on 1 June 2000, deregulating the industry from 1 July 2000. Milk marketing reform meets CPA obligations. Dairy Industry Act 1992 PIR Dairy Industry Assistance Act (Special Provisions) Act 1978 Deer Keepers Act 1987 PIR PIR Barrier to market entry and restricts market conduct. Review completed in 1999, recommending repeal of the Act. Desktop review completed. Legislation passed in April 2000 repealing the Act. Act repealed by Schedule 2 clause 1(e) Livestock Act 1997. Regulations under the Livestock Act and the Primary Industries Funding Schemes Act will be in place in 2002. Dried Fruits Act 1993 PIR Restricts market conduct. Review completed. Recommends repeal of Act and voluntary industry development fund under Primary Industries Funding Schemes Act. Review completed. With Government for consideration. Electrical Products Act 1988 PIR Restricts market conduct. Electrical Products Act 2000 passed at end of 2000. Came into operation 1 October 2001. Regulations have also been passed. Page 20 of 33 Name of legislation Agency Major restrictions Review activity Reform activity To be repealed once settlement with remaining licence holder finalised. Fisheries (Gulf St Vincent PIR Prawn Fishery Rationalisation) Act 1987 Fisheries (Southern Zone Rock PIR Lobster Fishery Rationalisation) Act 1987 Imposes on remaining licence Review by officials completed in 1999. Act holders the cost of compensating has achieved objective of reducing licence those who surrendered their numbers. licenses. Licensees may not transfer their licenses. Imposes on remaining licence holders the cost of compensating those who surrender their licenses. Review by officials completed. Act has achieved objective of reducing licence numbers. Act repealed. Fisheries Act 1982 PIR Licensing of fishers and fish Review by officials underway, extensive farmers. Registration of boats consultation. and fisher processors. Input controls on gear and fishing methods. Output controls such as catch limits, size limits and prohibitions on taking certain species. Barrier to market entry and restricts market conduct. Restricts market conduct. Desktop review completed June 1998. Review underway. Act repealed by Livestock Act 1997 and replaced by new Part 5 of Livestock Act. Foot and Mouth Disease Eradication Fund Act 1958 Fruit and Plant Protection Act 1992 PIR PIR Fruit and Vegetables (Grading) PIR Act 1934 Garden Produce (Regulation of PIR Delivery) Act 1967 Gas Act 1997 PIR Product standard restricts market Review completed, recommending repeal of Act repealed. conduct. the Act. Restricts market conduct. Provides for separate licences to operate pipelines and to undertake gas retailing. Review completed, recommending repeal of Act repealed. the Act. Review in 1999 found restrictions to be in the public interest No reform planned. Meets CPA obligations (6/99) Recommendation to Government for response in 2002 Act repealed. Impounding Act 1920 PIR Discretionary power for council to Desktop review completed in December establish a pound. 2000. Recommends repeal of Act and replacement with modern scheme. Restricts market conduct. Review completed, recommending repeal. Margarine Act 1939 PIR Page 21 of 33 Name of legislation Marginal Dairy Farms (Agreement) Act 1971 Meat Hygiene Act 1994 Agency PIR PIR Major restrictions Restricts market conduct. Review activity Review completed in 1999, recommending repeal of the Act. Reform activity Legislation repealing Act passed in April 2000. Recommendation to Government for response in 2002 Accreditation of meat processors. Review completed in 2000. Recommended Meat inspectors and auditors extension to cover rabbit meat and retail must enter agreement with within the scope of the Act. Minister. Remainder of Act committed to responsibility of Minister for Mines. Creates barrier to market entry and restricts market conduct. Creates barriers to market entry and restricts market conduct Review underway. Mines And Works Inspection Act 1920 PIR Mining Act 1971 Natural Gas (Interim Supply) Act 1985 PIR PIR Review underway. Review completed. Review recommended repeal of certain parts of the legislation restricting the use and production of gas amongst other things. Balance of Act can be repealed by proclamation. Key restrictions repealed 1996. Meets CPA obligations (6/99) Natural Gas Pipelines Access Act 1995 PIR Establishes access regime for access to natural gas pipelines in SA Review completed. Act repealed by s50 of the Gas Pipelines Access (SA) Act 1997. However, for transitional purposes, the Act continues until access arrangements are set under the National Gas Access Code and any continuing arbitration proceedings are finalised. Meets CPA obligations (6/99) Noxious Insects Act 1934 Opal Mining Act 1995 PIR PIR Restricts market conduct. Creates barrier to market entry and restricts market conduct. Review completed in 2000, recommending no reform. Review underway. No reform required. Page 22 of 33 Name of legislation Pastoral Land Management and Conservation Act 1989 Agency PIR Major restrictions Restricts market conduct. Review activity Reform activity A significant paper on public access to Review completed in December 1999. It pastoral lands is in the final stages of identified no major issues but recommended that the Government review preparation. and develop a policy on access arrangements to pastoral lands. National review completed. Endorsed by ANZMEC Ministers. Recommendations being considered by COAG Committee on Regulatory Reform. Amendments developed by Commonwealth and to be reflected in State and Territory legislation. Repealed and replaced by Petroleum Act 2000 and regulations. New Act incorporates principles proposed by the ANZMEC Petroleum sub-committee in regard to acreage management. The SA Government directed efforts at facilitating new explorers entering the Cooper Basin and to encourage the development of a voluntary access code for access to production facilities. Meets CPA obligations (6/01) Petroleum (Submerged Lands) PIR Act 1982 Regulates exploration for and development of undersea petroleum resources. This legislation forms part of a national scheme. Regulates onshore exploration for and development of petroleum reserves. Barrier to market entry and restricts market conduct. Petroleum Act 1940 PIR Phylloxera and Grape Industry PIR Act 1995 Poultry Meat Industry Act 1969 PIR Restricts market conduct. Prohibits processing of chickens unless from approved farms. Review completed in June 2000. It recommended no reform. No reform required. Review completed in 1994, recommending The ACCC authorised collective that producers seek ACCC authorisation for negotiations between chicken growers collective bargaining with each processor, and: and that the Government repeal the Act. . Ingham Enterprises P/L, on 9/4/97, expiring 30/6/02; and . Steggles Ltd, on 20/5/98, expiring 11/6/02. The Act is yet to be repealed. New legislation is under consideration. Page 23 of 33 Name of legislation Roxby Downs (Indenture Ratification) Act 1982 Agency PIR Major restrictions Review activity Reform activity Authorises behaviour contrary to Desktop review completed in May 2000. No No reform required. TPA. reform recommended Review completed in December 1998, recommending repeal of the Act. Review completed in June 2000, recommending no reform. Review completed in March 1999, recommending repeal of the Act. Restricts market conduct. Restricts market conduct. Restricts market conduct. Review completed July 2001. Review completed, recommending no reform. Review with the Animal and Plant Control (Agricultural Protection and Other Purposes) Act 1986 completed. Repealed in April 2000. Rural Industry Adjustment PIR (Ratification of Agreement) Act 1990 Rural Industry Adjustment and PIR Development Act 1985 Rural Industry Assistance Act 1985 Santos Limited (Regulation of Shareholdings) Act 1989 Seeds Act 1979 Soil Conservation and Land Care Act 1989 PIR PIR PIR PIR No reform required. Repealed in April 2000. No reform planned. No reform required. No NCP legislative amendments required. Some administrative reforms will be dealt with when the Act is amalgamated with the Animal and Plant Control Act into a combined land management Act in 2004-05. Repealed by the Livestock Act 1997. See Agricultural Chemicals Act 1955. Stock Act 1990 Stock Foods Act 1941 PIR PIR Barrier to market entry and restricts market conduct. Stock foods must be sold with label or certificate specifying chemical analysis. Seed grain must not be fed to stock. Review completed in 1996. See Agricultural Chemicals Act 1955. Stock Medicines Act 1939 Stony Point (Liquids Project) Ratification Act 1981 PIR PIR Stock medicines to be registered. See Agricultural Chemicals Act 1955. Authorises behaviour contrary to Review completed 2000. No reform TPA. recommended See Agricultural Chemicals Act 1955. No reform planned. Page 24 of 33 Name of legislation Agency Major restrictions Barrier to market entry and restricts market conduct. Review activity Reform activity Swine Compensation Act 1936 PIR Desktop review completed, recommending Repealed by Schedule 2 of the Livestock repeal. Act 1997 and replaced by regulations under the Livestock Act 1997 and the Primary Industries Funding Schemes Act 1998. Review completed in 2000. Act to be repealed and replaced by Veterinary Practices Act, currently being drafted. Veterinary Surgeons Act 1985 PIR Licensing of veterinary surgeons and hospitals, reservation of practices, reservation of title, advertising restrictions, and controls on business names. Imports Commonwealth Act into State jurisdiction. Restricts market conduct indicator price calculation, terms and conditions of payment & exclusion from subsequent harvests. Restricts market conduct. Restricts market conduct. Wheat Marketing Act 1989 Wine Grapes Industry Act 1991 PIR PIR Desktop review of SA only provisions completed. No reform recommended. Review completed. No reform required. Cabinet has approved amendments to the Act. Restrictions retained are justified by the net public benefit. Advances to Settlers Act 1930 T&F T&FFT&FT& Benefit Associations Act 1958 T&F No review as Act is to be repealed. Desktop review completed in December 1999. The review found that the Act provided a net public benefit but recommended investigation of whether other existing legislation could be amended to encompass the consumer protection role provided by the Act (probably the Fair Trading Act). Act to be repealed. Collections for Charitable Purposes Act 1939 T&F Restricts market conduct by Desktop review completed in November requiring collectors to be licensed 1999. The review found that the Act provided a net public benefit and thus no reforms were recommended. No reform required. Page 25 of 33 Name of legislation Electricity Act 1996 Agency T&F Major restrictions Restricts market entry and market conduct Review activity Review completed in September 2000. No reforms recommended as Act facilitates regulation of electricity supply in SA in conjunction with other national electricity market reforms. Review completed in September 2000. No reforms recommended as Act facilitates establishment of state owned corporations in SA in conjunction with other national electricity market reforms. Reform activity No reform required. Electricity Corporation Act 1994 T&F Restricts market entry and market conduct No reform required. Government Financing Authority Act 1982 T&F May restrict market conduct of Review completed in 1998. Although No reform required. government business enterprises. technically there may be a restriction on „market conduct‟ of GBEs in being required to utilise SAFA‟s services, this is insignificant and there is no impact on private sector market conduct. The review found that there was a net public benefit and no reforms were recommended. Restricts market conduct. Restricts market conduct. Barrier to market entry and restricts market conduct. No review as Act is to be repealed. No review as Act is to be repealed. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, to be reviewed. Review well advanced and draft report near completion. See Motor Vehicles Act review. See Motor Vehicles Act review. No new business. Act expected to be repealed when last repayments made. No new business. Act expected to be repealed when last repayments made. Loans for Fencing and Water Piping Act 1938 Loans to Producers Act 1927 Lottery and Gaming Act 1936 T&F T&F T&F Motor Accident Commission Act 1992 T&F No restrictions on competition – restrictions contained under Part 4 of the Motor Vehicles Act. Page 26 of 33 Name of legislation National Electricity (South Australia) Act 1996 Agency T&F Major restrictions Restricts market entry and market conduct Review activity Review completed in September 2000. No reforms recommended as sole object is to implement a national electricity market. Review process: consultation with other jurisdictions. Review completed mid-2001. Reform activity No reform required. Petroleum Products Regulation T&F Act 1995 Public Corporations Act 1993 T&F Barrier to market entry and restricts market conduct. To be considered by the Government. No reform required. The Act technically “restricts” the Review completed in 1998. The review market conduct of public found that there was a net public benefit corporations established under and no reforms were recommended. the Act in order to limit the Government‟s ownership risks. However, these restrictions do not limit market entry or conduct of private sector participants. The Act is the preferred model of corporatisation and is consistent with the objectives of National Competition Policy and competitive neutrality principles. Limits on choice of funds. Southern State Superannuation Act 1994 T&F Desktop NCP review Restrictions trivial. No No reform required. reform recommended. Page 27 of 33 Name of legislation Architects Act 1939 Agency TUPA Major restrictions Registration, entry requirements, reservation of title, disciplinary processes, business conduct (including advertising accuracy), business licensing, advertising restrictions. Review activity Reform activity National review conducted by the Outcomes of State review to be Productivity Commission completed in considered following decision on PC August 2000 (publicly released November review. 2000). (Previous State review completed, with results to be reconsidered following PC review outcomes). PC review involved public consultation via public release of issues paper, draft report, consultation, public hearings and receiving submissions. Review recommended repeal of Act. A States and Territories working group is developing a national response to the PC review. Commercial Vehicles (Hours of TUPA Driving) Act 1973 Development Act 1993 TUPA Controls the uses to which land may be put. Sets procedures for the issue of planning permits and approval. Review completed in 1997. Review completed in July 1999. Recommendations included: requiring Crown developments to be subject to building rules and fire safety requirements consistent with those for private buildings; allowing private certification of private development; and removing the obligation for planning authorities to obtain independent advice for non-complying developments. Review completed in July 1999. Involved public consultation. Recommended certain sections of the Act were to be amended to remove the competitive advantage or disadvantage. Review completed in 1999. Act has been repealed. Majority of recommendations implemented. Public interest justification provided where recommendations not accepted. Enfield General Cemetery Act 1944 TUPA Restricts market conduct. Exemption from section 586 of Local Government Act. Review recommendations implemented through the Adelaide Cemeteries Authority Act 2001, not yet in operation (February 2002). Intergovernmental agreement to develop nationally consistent legislation. State Government currently considering amendments to legislation. Harbours and Navigation Act 1993 TUPA Governs harbour operations (market conduct). Page 28 of 33 Name of legislation Highways Act 1926 Local Government Act 1934 Agency TUPA TUPA Major restrictions Restricts market entry. Restricts market conduct and product and service standards. Review activity Review completed in 1998. Review completed in 1999, except for the cemetery provisions for which, in turn, a competition review was commenced in early 2000 that was subjected to targeted consultation. A final report on the cemetery provisions is currently in preparation. Reform activity Relevant provisions of the Act repealed 2000. New legislation came into operation in 2000 to replace most of the existing Act. Elements remaining are either progressively being repealed, or being considered as part of other legislation reviews (with the intent of being transferred to or being integrated into appropriate functional legislation). Reform activity for the cemetery provisions subject to Government response to final report. Motor Vehicles Act 1959 TUPA Barrier to market entry and restricts market conduct. Mandatory insurance, monopoly insurer, centralised premium setting. Review into tow truck operators, motor driving instructors and compulsory third party insurance completed. In relation to CTP, review completed in 1998, recommending removing the monopoly and controls on premiums. Second review completed in 1999, rebutting previous review's recommendations. Government issued both reviews for public consultation in early 2001 Uniform national motor vehicle registration and driver licensing legislation implemented July 2001. Government announced retention of mandatory insurance, the sole provision of insurance by the Motor Accident Commission and community rating. Drafting of legislation underway. Reviews of tow truck operators and motor driving instructors are with the Government for consideration. No reform necessary. Outback Areas Community Development Trust Act 1978 TUPA Restricts market conduct. Restrictions on taxi licence numbers (note, open entry to Small Passenger Vehicle (hire car) market). Barrier to market entry and restricts market conduct. Review completed. Crown Solicitor's Office found no restrictions to competition. Passenger Transport Act 1994 TUPA Review completed November 2000. Review Review with the Government for involved public consultation. consideration. No substantial reform activity expected. Desktop review underway. National legislation implemented. Road Traffic Act 1961 TUPA Page 29 of 33 Name of legislation South Australian Film Corporation Act 1972 South Australian Museum Act 1976 Groundwater (Border Agreement) Act 1985 Irrigation Act 1994 Agency TUPA Major restrictions Restricts market conduct in granting sole and exclusive right to produce Government films. Restricts market conduct in relation to meteorites. Restricts market conduct. Restricts market conduct. Review activity Review completed in February 2000. Involved public consultation. No reform recommended. Reform activity No reform required. TUPA WR WR Desktop review completed in May 1997. No No reform required. reform recommended. Review completed in June 2000. No reforms recommended. Review completed in August 2000. Minor legislative change recommended. The review has identified a need for comprehensive review of the legislation and its objectives. Review completed. No reforms recommended. No reform required. To be considered by the new Government. Murray Darling Basin Act 1993 WR Restricts market conduct. Agreement in place to provide equitable sharing of the resource. Agreement regarded as preventing restrictions. Review noted by MDBC and presented to Minister. Renmark Irrigation Trust Act 1936 WR Restricts market conduct. Review completed in August 2000. Minor To be considered by the new legislative change recommended to remove Government. obsolete and inconsistent sections. Will prompt more fundamental review. Review completed in September 1998. Effectively replaced by Murray Darling Basin Act 1993. Repeal recommended. Review completed in July 1999. No reforms No reforms required. recommended. Review completed in September 2000. Act only used in limited circumstances. No significant restrictions identified. Government is considering review. Act likely to be repealed and relevant sections included in a revised Waterworks Act in due course. River Murray Waters Agreement Supplemental Agreement Act 1963 WR Restricts market conduct. South Eastern Water WR Conservation and Drainage Act 1992 Water Conservation Act 1936 WR Restricts market conduct. Barriers to market entry, and restricts market conduct and products/service standards. Page 30 of 33 Name of legislation Water Resources Act 1990 Agency WR Major restrictions Restricts market conduct. Review activity Review completed. Reform activity Repealed by the Water Resources Act 1997. New Legislation (since July 1996) raised by the NCC Maritime Services (Access) Act AIS 2000 Provides regime for third party access to channels, defined common user berths, berths adjacent to grain handling facilities and grain handling facilities (belts). Provides for the regulation of prices in respect to certain essential maritime services provided by the private port operator. New legislation. SA Ports (Disposal of Maritime AIS Assets) Act 2001 Ionizing Radiation Regulations HS 2000 . New legislation. New legislation Tobacco Products Regulation Act 1997 HS New legislation. Replaced the Tobacco Products Control Act 1986. Subject to CPA clause 5(5) analysis before introduction. Page 31 of 33 Liquor Licensing Act 1997 J Retains "proof of need" test requiring applicants to demonstrate a consumer need exists for the grant of a licence. Retains restriction that only hotels and retail liquor stores devoted exclusively to the sale of liquor may sell liquor. Review completed. SA has undertaken to review the proof of need test in 2001. New Act following SA's review of its Liquor Licensing Act 1985. Livestock Act 1997 PIR New legislation that was subject to CPA clause 5(5) "gatekeeper" obligation prior to being made. Exclusive licence, controls on operations of licence holder Review completed in anticipation of the New Legislation sale of the Casino. While not an NCP review, it took into account social policy considerations. This review found that there were net public benefits associated with the probity and operational requirements of the Act. It also found that the single licence did not affect competition as it concluded the market would only support one operator. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, to be reviewed. Review well advanced and draft report near completion. Casino Act 1997 T&F Authorised Betting Operations T&F Act Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, to be reviewed. Review well advanced and draft report near completion. New legislation Page 32 of 33 Independent Gambling Authority Act 2001 T&F Regulation of casino and gaming machines licensees. Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, to be reviewed. Review well advanced and draft report near completion. New legislation Harbors and Navigation (Control of Harbors) Amendment Act 2001 TUPA Provision for marine safety, licensing and pilotage. New legislation. Existing Legislation not on July 1996 scheduled, raised by the NCC Radiation Protection and Control (Transport of Radioactive Substances) Regulations 1991 Trade Measurement Administration Act 1993 Gaming Machines Act 1992 HS NOT LISTED BY SA J T&F Gaming machines are restricted to licensed clubs, hotels and the Casino and there are controls on the number of machines allowed in licensed venues; granting of an exclusive monitoring licence to the Independent Gaming Corporation and an exclusive supply and service licence to the State Supply Board. National review of Trade Measurement Act NOT LISTED BY SA underway Omnibus review underway. All gambling legislation (except the Racing Act 1976), including Bills before the Parliament, to be reviewed. Review well advanced and draft report near completion. NOT LISTED BY SA. Fair Trading Act J NOT LISTED BY SA Page 33 of 33