Legislation Review Database for Western Australia Agency abbreviations The following abbreviations are used in the ‘Agency’ column of the legislation review database. A BAG CALM CEP CD CHA CSB DT EP ES EPRA F FESA FPC GESB H HW IA IC IT Department of Agriculture Board of the Art Gallery of Western Australia Department of Conservation and Land Management Department of Consumer and Employment Protection Department for Community Development Country Housing Authority Coal Industry Superannuation Board Department of Training Department of Environmental Protection Department of Education Services East Perth Redevelopment Authority Department of Fisheries Fire and Emergency Services Authority Forest Products Commission Government Employee Superannuation Board Department of Health Department of Housing and Works Department of Indigenous Affairs Insurance Commission Department of Industry and Technology J LA LGRD MPR OE P PC PI PTT RGL SBDC SR TF WALA WR WRC WS WCRC Department of Justice Department of Land Administration Department of Local Government and Regional Development Department of Mineral and Petroleum Resources Office of Energy Police Service Department of the Premier and Cabinet Department of Planning and Infrastructure Perth Theatre Trust Office of Racing, Gaming and Liquor Small Business Development Corporation Department of Sport and Recreation Department of Treasury and Finance Western Australian Land Authority Office of Water Regulation Water and Rivers Commission Works and Services Workers Compensation and Rehabilitation Commission 2 Name of legislation Aboriginal Affairs Planning Authority Act 1972 and Regulations Agency Major restrictions IA Report availability Access to Aboriginal lands is Review completed in 1997. Concluded Subject to restricted. Provision of finance for that both restrictions protect the Ministerial Aboriginal enterprises which residents of Aboriginal Lands and approval enables finance to be provided to enable support for Aboriginal Aboriginal enterprises through enterprises that could reduce reliance the Aboriginal Trading fund, on welfare and other transfer which may have competitive payments. The costs are estimated to advantages over private sector be minimal, but achieve significant lenders. public benefits. Recommended retaining the restrictions. Government endorsed the recommendations of the review. Review completed in 1997. Concluded Subject to that effects on the general economy Ministerial are not significant. Non-legislative approval alternatives were considered, but it is considered that the provision of powers to Aboriginal communities to regulate access to community lands is necessary and that no less restrictive means are available to fulfil the purpose of the act and maintain the level of public benefit. Recommended retaining the powers of the communities to regulate access and the availability of deleterious substances on the grounds of public health and cultural preservation. Government endorsed the recommendations of the review. Comments on review Comments on reform No change. Aboriginal Communities Act 1979 IA and By-laws Section 7(1) empowers a community to which the act applies to make by-laws relating to the community lands of that community for or with respect to: No change.   the prohibition or regulation of the admission of persons, vehicles and animals to the community lands or a part of the community lands; and the prohibition, restriction or regulation of the possession, use or supply of alcoholic liquor or deleterious substances. 3 Name of legislation Aboriginal Heritage Act and Regulations 1974 Agency Major restrictions IA Access to Aboriginal lands containing protected sites is restricted. Comments on review Report availability Review completed in 1997. Concluded Subject to the restriction protects the cultural Ministerial heritage of the State and ensures that approval sites of historical and cultural significance are not damaged or destroyed. Noted the restrictions on competition contained in the legislation are in the public interest and should be retained. Comments on reform No change. Administration Act 1903 and Regulations J Government endorsed the recommendations of the review. The Act treats natural persons Review completed in 1997. The Subject to differently from other classes of restriction has no costs, but provides Ministerial administrators of intestate benefits by placing natural person approval estates as regards a requirement administrators on a level playing field to obtain surety. with other classes of administrators. It does so because other administrators are already subject to similar safeguards to protect deceased estates, by other means. Recommended retaining the restriction as it was found to be in the public interest. Review also recommended: broadening the range of financial institutions covered by a provision that grants them protection to pay funds from a deceased estate, up to a maximum amount, for funeral or other authorised purposes prior to administration of the estate; and making this maximum amount consistent with corresponding provisions of the Financial Institutions Code (WA). Amendments made under the Acts Amendment and Repeal (Financial Sector Reform) Act 1999 removed the restrictions that were to be addressed through the recommendations of the NCP review of this Act. 4 Name of legislation Aerial Spraying Control Act 1966 Agency Major restrictions A Licensing of aerial spray contractors. Comments on review National review completed in 1999. Report availability Publicly available Publicly available Comments on reform Act to be repealed upon enactment of the Agricultural Management Bill, which is currently being drafted. Act to be repealed upon enactment of the Agricultural Management Bill, which is currently being drafted. Review recommendations are being implemented through the Agricultural Management Bill, which is currently being drafted. No change. Agricultural Produce (Chemical Residues) Act 1983 and Regulations Agricultural Products Act 1929 and Regulations Agricultural Protection Board Act 1950 Agriculture Act 1988 A A Restrictions on chemically Not listed on Western Australia’s affected produce (eg. on sale, review schedule. movement or destruction). Minimum qualifications for analysts. Regulates the packing and sale of Review completed. Recommended agricultural products. repealing all codes and replacing these with regulations on labelling. None. Review, in conjunction with review of other agricultural protection Acts, completed by officials. It found the Act did not restrict competition. Review, in conjunction with review of other agricultural protection Acts, completed by officials. It found the Act did not restrict competition. Review, in conjunction with review of other agricultural protection Acts, completed by officials. It found the Act did not restrict competition. It recommended: Subject to Ministerial approval Subject to Ministerial approval Subject to Ministerial approval Subject to Ministerial approval A A None. No change. Agriculture and Related Resources A Protection Act 1976 and Regulations Restricts importation of some plants or animals. Requires landholders to control pests and diseases. Spraying regulations. Raises rates on pastoral land. Restricts the storage of agricultural chemicals. Review recommendations are being implemented through the Agricultural Management Bill, which is currently being drafted.   repealing the spraying regulations (as when amendments are made to Health (Pesticides) Regulations 1956) so that aerial operators are subject to the same licensing regimes as other pesticide operators; but retaining powers to control use and other restrictions. 5 Name of legislation Agency Major restrictions Imports the Agricultural and Veterinary Chemicals Code (national registration scheme) into State jurisdiction (see Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Restrictions on market entry and conduct. Differential treatment. Licensing. Comments on review National review completed in 1999 (see Commonwealth Agricultural and Veterinary Chemicals Code Act 1994). Agriculture and Veterinary A Chemicals (Western Australia) Act 1995 and Regulations Report availability Publicly available Comments on reform See Commonwealth Agricultural and Veterinary Chemicals Code Act 1994. Albany Port Authority Act 1926 and Regulations Albany Woollen Mills Agreement Act 1976 Anatomy Act 1930 PI PI H Not reviewed. Not reviewed. No report No report Act repealed. Replaced by generic Port Authorities Act 1998. Repealed. No change. Review completed in 2000. The review Subject to found that the Act contained no Ministerial restrictions that had any effect on approval competition so as to warrant assessment. 6 Name of legislation Anglo-Persian Oil Company Limited (Private) Act 1919 Agency Major restrictions HW Report availability The Acts define the relationships, Review completed in 1998. Review Subject to rights and duties of oil identifies public benefits of restrictions Ministerial companies, local government identified as: minor cost savings in approval authorities and the Minister for management of municipal Works in relation to the infrastructure arising from construction, operation and coordination in planning, construction maintenance of pipelines on and maintenance of municipal public lands. These duties and infrastructure and oil facilities; powers of the State and local minimisation of public inconvenience governments constitute during construction and maintenance restrictions on the commercial activities on public land; and ensuring activities of the oil companies. proper restoration of municipal infrastructure where this has been disturbed as a result of construction or maintenance activities by the oil companies. Review concluded that the restrictions arising from the legislation are either in the public interest due to current or potential future benefits, or have no current or potential future impact. Government endorsed the review recommendations. Review by officials found the Act contained no restrictions on competition. Comments on review Comments on reform No change. Animal Resources Authority Act 1981 H None. Subject to Ministerial approval No change. 7 Name of legislation Architects Act 1921 and Regulations Agency Major restrictions HW Registration, entry requirements, reservation of title, disciplinary processes, business conduct (including require Architects Board approval for advertising), business licensing. Comments on review National review conducted by the PC completed in August 2000 (publicly released November 2000) (Previous State review commenced but not completed). PC review involved public consultation via public release of issues paper, draft report, consultation, public hearings and receiving submissions. Review recommended repeal of Act. The State review and its recommendations were endorsed by Cabinet on 17 December 2001. The review found the Act should be amended as follows: Report availability Publicly available Comments on reform A States and Territories working group is developing a national response to the PC review. The Architects Act Amendment Bill is being drafted and will be introduced in the 2002 Autumn Session of Parliament. The drafting instructions are currently being examined by the Legislation Standing Committee of Cabinet.    composition of the Architects Board will be broadened with consumer and educational representatives; removal of the restrictions on ownership or control of corporations or firms; and removal of restrictions on age, advertising, and use of derivatives of the word architect where such use is not false or misleading. 8 Name of legislation Art Gallery Act 1959 Agency Major restrictions BAG The Act provides that works of art shall not be sold or exposed for sale in the Art Gallery or in any other places under the sole management and control of the Board. This imposes a discriminatory restriction on competition by not allowing private owners to sell works of art from the Gallery whilst allowing the Board to exempt governments or other art galleries from this provision. Comments on review Report availability Review completed. Concluded that the Subject to intended effect of the restriction on Ministerial the sale of artworks is to maintain the approval Gallery's status as the premier visual art collection and display institution and ensure that the Gallery is not diverted to overtly commercial operations. Comments on reform No change. Recommended amending the Act to give the Board discretionary powers in the sale of artworks in the Art Gallery or in any other place under the management and control of the Board. Regulations specifying the The proposed amendment would allow conditions and restrictions under the Gallery some flexibility to sell which the public may be allowed artworks from its premises should the to examine works of art in the Art need or desire arise. Gallery and other places under the management and control of In May 2002 Government endorsed the Board. the Minister’s decision not to support the review’s recommendation to amend the Act to give the Board of the Art Gallery discretionary powers in the sale of art works in the Art Gallery or in any other place under the management and control of the Board. The restrictions on the sale of art works have minimal impact on those wishing to sell their artwork as the Art Gallery typically refers queries regarding the purchase of art works to the relevant owner. 9 Name of legislation Artificial Breeding of Stock Act 1965 Agency Major restrictions A Restricts premises for supplying semen and other reproductive material. Licenses artificial breeders. Restricts the importation of reproductive material. Comments on review Report availability Review by officials, in conjunction with Subject to review of a range of other agricultural Ministerial protection Acts, completed approval recommended: Comments on reform Review recommendations are being implemented through the Agricultural Management Bill, which is currently being drafted.    repealing all restrictions; introducing new less restrictive regulations on control of diseases; and voluntary licensing of artificial breeders. Auction Sales Act 1973 and Regulations CEP Licensing of auctioneers, entry requirements (fit and proper person, requires two years experience on restricted licence before general licence), the reservation of practice, business conduct (maintenance of records in relation to livestock and vendor accounts). Australian Soccer Pools Bloc: RGL Rules for Subscriber Participation Beekeepers Act 1963 A Licensing. Requires registration of all beekeepers and branding of hives. Restricts importation, antibiotic use and testing. Imposes standards on honey. Review underway. Discussion paper released in September 2000 inviting submissions. Discussion paper recommended that: the licensing system be retained until a full legislative review of the Act within the next 12 months; unless justified by new reasons arising from that review, the licensing system be repealed; and if licensing, or some other form of occupational regulation, is justified after completion of a full legislative review, then the administration of such a system be the responsibility of a single Government organisation. No review undertaken No report Review by officials, in conjunction with Subject to review of a range of other agricultural Ministerial protection Acts completed. It approval recommended retaining all restrictions except to reconsider those relating to honey standards and nuisance provisions. Act repealed and replaced by Lotteries Commission (Soccer Pools) Rules 1996. Review recommendations are being implemented through the Agricultural Management Bill, which is currently being drafted. 10 Name of legislation Betting Control Act 1954 and Regulations Agency Major restrictions RGL Licensing. Comments on review Review in conjunction with the Totalisator Agency Board Betting Act 1960, completed in 1998. Of the 42 restrictions analysed in the review, the legislative provisions pertaining to 20 restrictions were recommended for repeal or amendment including: Report availability Publicly available Comments on reform Recommendations are being implemented via the Betting Legislation Amendment Bill 2001 and the Acts Amendment and Repeal (Competition Policy) Bill 2002.     relaxing restrictions on the operation of totalisators other than by the Totalisator Agency Board; relaxing restrictions on bookmakers and their operations; removing limits on bets in the regulations, leaving the racing clubs to set limits as they see fit; and relaxing some restrictions on the operations of the Totalisator Agency Board. The legislative provisions giving rise to the remaining restrictions were assessed as being in the public interest and recommended for retention. The Government endorsed the recommendations of the review. 11 Name of legislation Biological Control Act 1986 Agency Major restrictions A Makes provision for the biological control of pests in Western Australia. Complementary to Commonwealth legislation. Act does not restrict competition. Act requires a transparent public inquiry process and review to determine the net public benefit of a biological control release. Registration (boxers, trainers, promoters and judges). Comments on review Deleted from review schedule as the CoAG Committee on Regulatory Reform determined that the legislation has no anti-competitive impacts. Report availability No report Comments on reform No change. Boxing Control Act 1987 and Regulations SR Department review completed in Subject to 1997. Consultation involved Ministerial submissions. Review found that the approval restrictions were in the public interest. Subject to Ministerial approval Subject to Ministerial approval No change. Bread Act 1982 CEP British Imperial Oil Company (Private) Act 1925 MPR Government endorsed review. Restrictions on market entry. Review by officials completed. It Restrictions on delivery time for recommended repeal of the Act. bread. Requirements for marking vehicles delivering bread. Licensing. See comments of Anglo-Persian Oil Company Limited (Private) Act 1919. Government endorsed the review recommendations Act to be repealed by Acts Amendment and Repeal (Competition Policy) Bill 2002. No change. 12 Name of legislation Builders Registration Act 1939 and Regulations Agency Major restrictions CEP Report availability Licensing, registration, entry Review, in conjunction with review of Subject to requirements (training and seven the Home Building Contracts Act 1991, Ministerial years practical experience, age, was completed in 2002. Discussion approval good character, 'sufficient paper completed in June 2000. material and financial resources'), Proposed recommendations included the reservation of practice, reducing restrictions on owner business licensing. builders, expanding the scope of conditional licences, and expanding the coverage of the Act to the whole State. In May 2002 the Government endorsed the review recommendations that the following restrictions on competition in the Act be amended: prohibition of unregistered builders to be amended to allow a limited number of builder categories consistent with the Building Code of Australia;  conditional license: will be amended to allow all potential builders rather than just those who have practised in noncovered regional areas to obtain conditional registration; and  journeyman builders: will be removed as a special case of conditional licences because it is redundant. Differential treatment in regard Review complete Intra and inter Subject to to the imposition of the training agency consultation. Recommended Ministerial levy depending on industry sector restrictions be retained. approval and construction work threshold. Government endorsed review recommendations. Comments on review Comments on reform CEP drafting amendments.  Building and Construction Industry Training Fund and Levy Collection Act 1990 and Regulations DT No change. 13 Name of legislation Bulk Handling Act 1967 and Regulations Agency Major restrictions A Co-operative Bulk Handling Limited (CBHL) granted sole right to receive and deliver grain until 31 December 2000. Comments on review Review scheduled for 1999 but deferred pending a restructure of CBHL and merger talks with the Grain Pool of WA (monopoly grain marketer). Report availability Comments on reform Bunbury Port Authority Act 1909 and Regulations PI Review has recommenced and will be finalised by June 2002. Restrictions on market entry and Not reviewed. conduct. No report Act repealed and replaced by generic Port Authorities Act 1998. 14 Name of legislation Bush Fires Act 1954 and Regulations Agency Major restrictions FESA Report availability Restriction on the lighting of fires Review completed in 1997. Concluded Subject to and the requirement to maintain the restriction on the lighting of fires Ministerial fire breaks. This restriction and the requirement to maintain fire approval regulates the lighting of fires and breaks is a very minor restriction on requires the maintenance of fire competition. This restriction is clearly breaks. in the public interest as it reduces the likelihood of fires. Recommended Requirement on local retaining the restriction. governments to provide firefighting equipment and insure Also noted that firefighting equipment voluntary firefighters. is essential in combating bush fires and protecting the community. The extremely high potential cost of fire damage means local governments must be prepared. Volunteer firefighters are also essential in protecting communities from bush fires and therefore it is in the public interest for government to provide insurance to those who voluntarily risk their lives to protect the community. Recommended retaining the restriction. The review also recommended that Government businesses be subject to the same fire control requirements as other businesses. Government endorsed the recommendations of the review. Comments on review Comments on reform Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. 15 Name of legislation Agency Major restrictions A licence is required by any person wholesaling tobacco or purchasing tobacco for retailing from someone who is not a licensed wholesaler, unless purchase is exempt. Comments on review Business Franchise (Tobacco) Act H 1975 Report availability Review completed in 1997. Concluded Subject to that although this licensing regime Ministerial restricts competition in the tobacco approval wholesaling industry and by doing so keeps prices artificially inflated, it thereby reduces consumption, and was found to be in the public interest on public health grounds. Recommended retaining the restriction. The Government endorsed the recommendations of the review. Not for review as Act will be repealed. No report Comments on reform No change. Camballin Farms (AIL Holdings Pty Ltd) Agreement Act 1985 Caravan Parks and Camping Grounds Act 1995 LA LGRD Differential treatment To be repealed in the Statutes (Repeals and Minor Amendments) Omnibus Bill. Competitive neutrality, licensing. Review underway. The Caravan Parks and Camping Grounds Advisory Committee, a committee comprising government and industry representatives is considering matters to do with restrictions in both the Act and associated regulations. Trust fund provides compensation Review completed. It recommended for storm damage that restricts that the Act be repealed. the entry of potential insurers to this market. Subsidised compensation is available only to Carnarvon growers. Subject to Ministerial approval The Act was repealed on 28 June 2000. Carnarvon Banana Industry (Compensation Trust Fund) Act 1961 A 16 Name of legislation Carnarvon Irrigation District Bylaws Agency Major restrictions WRC Differential treatment. Comments on review Review by Water and Rivers Commission completed in January 2000. Minor restrictions justified on public welfare grounds to maintain security of supply and safeguard infrastructure. The Government endorsed the recommendations of the review. Proposals under way to transfer management of irrigation scheme to local control. Report availability Subject to Ministerial approval Comments on reform No change. 17 Name of legislation Casino (Burswood Island) Agreement Act 1985 and Regulations Agency Major restrictions RGL Licences, restrictions on games, regulation of operations. Comments on review Review completed in 1998. The following restrictions found to be in the public interest:  limits on prizes and play amounts for amusement games with prizes;  limits on the number of bingo permits;  payout ratios and minimum and maximum wagers for minor lotteries;  the ability to set licence fees and taxes should remain, measures taken to ensure that in future, competing casino operators are treated equally and that licence fees are limited to cost recovery;  the licensing of casinos, games and the rules of games, and employees;  the approval needed for Casino supply contracts;  the ability of the Minister to approve certain ownership transactions and certain operating decisions;  the restriction of the use of credit wagering at the Casino;  the period of exclusivity for the Casino;  the conditions imposed on new casinos beyond the period of exclusivity; and  the monopoly over Casino style games and variants restricted to Burswood and any new casino beyond the period of exclusivity. Government endorsed the review recommendations. Main restrictions on conduct of casinos and casino games retained. Report availability Publicly available Comments on reform No change. 18 Name of legislation Agency Major restrictions Cattle Industry Compensation Act A 1965 Report availability Powers to nominated persons to Review by officials completed in 1998. Subject to inspect and destroy cattle for the It recommended: Ministerial purposes of disease control. approval Provision to raise a levy on the  retaining the restrictions; and sale of cattle.  amending the Act to ensure that compensation is only paid for animals destroyed as a result of a control program, which is of a "sufficiently public good nature". Ability to control and manage a cemetery; Requirements in relation to the place of burials; Ability to erect, add or remove memorials; and Scope of funeral directors’ licences. Restrictions on the publication and possession of a range of media. Licensing. Licensing. Review endorsed by Government. Review completed. It recommended amending the Act so that a funeral director’s licence allows the holder to conduct funerals in all cemeteries in Western Australia. It recommended that other restrictions be retained. Subject to Ministerial approval Comments on review Comments on reform Review recommendations are being incorporated into a replacement Act currently being drafted. Cemeteries Act 1986 LGRD Department of Local Government is currently drafting instructions for the amendment Censorship Act 1996 J Review recommendations endorsed by Government. Removed from review timetable. No report Censorship and Films Act 1947 Charitable Collections Act 1946 and Regulations J J Removed from review timetable. No review undertaken. No report No report This Act replaces the Censorship and Films Act 1947, Video Tape Classification and Control Act 1987 and the Indecent Publication and Articles Act 1902. Repealed. To be repealed upon the enactment of the Public Collections Bill. Cabinet approval to draft new legislation was obtained in August 2001. 19 Name of legislation Chicken Meat Industry Act 1977 and Regulations Agency Major restrictions A Comments on review Prohibits supply of chickens Review completed in 1997, unless under an agreement recommending that restrictions on approved by the Industry producer entry and individual Committee. Processing plants and negotiations are removed and other growing facilities must be restrictions are retained. approved. Entry, registration, title, practice, New health practitioner legislation is discipline. being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Licensing. Not reviewed. Competitive neutrality. Review deferred pending expected changes to Commonwealth superannuation industry regulatory framework. See comments of Anglo-Persian Oil Company Limited (Private) Act 1919. Government endorsed the review recommendations Review under way. Currently at the public consultation stage. Report availability Subject to Ministerial approval Comments on reform Review recommendations being implemented through the Acts Amendment and Repeal (Competition Policy) Bill 2002 currently being drafted. This Bill will be introduced to Parliament in the 2002 Spring Session. Chiropractors Act 1964 H Key Directions report available No report Repealed. City of Perth Parking Facilities Act PI 1956 and Regulations Coal Industry Superannuation Act CSB 1989 Commonwealth Oil Refineries Limited (Private) Act 1940 MPR Licensing. Subject to Ministerial approval No change. Community Services Act 1972 and Community Services (Child Care) Regulations 1988 CD Licensing. 20 Name of legislation Conservation and Land Management Act 1984 Agency Major restrictions CALM Report availability Exclusive control and An independent economic adviser Subject to management of State forests by reviewed the Act prior to its Ministerial the Conservation Commission. amendment. The amending legislation approval Licensing of timber collection and was also reviewed. of taking of other resources. The Act was substantially amended Administrative discretion over by: how licences and produce are allocated and priced. Permits to  Conservation and Land occupy and use State forest. Management Amendment Act Registration of timber workers. 2000; and  Forest Products Act 2000. These Acts vested State forests and other lands in the Conservation Commission and established the Forest Products Commission to undertake commercial forestry functions on State forests and private land. However, the previous Government did not consider the reviews before the amending legislation was passed. The reviews are now awaiting consideration. Comments on review Comments on reform Changes to regulations influencing the beekeeping industry are being progressed by the agency. The Agency is also developing amending legislation to repeal the other two restrictions. 21 Name of legislation Conservation and Land Management Act 1984 (continued) Agency Major restrictions CALM Comments on review In May 2002 Government endorsed recommendations to remove the following restrictions on competition that were outstanding from the initial review: Report availability Comments on reform     To be eligible for an apiary permit, a person must be registered as a beekeeper under the Beekeeper Act 1963 and must maintain at least 25 bee hives in the State; Any person is limited in the number of permits he or she may hold: no more than four permits for every 50 hives kept by the person, for the remainder of the State; Administration of the CALM Act in the area of the Greenbushes State Forest is to be carried out subject to the concurrence of the Minister to whom the administration of the Mining Act 1978 is committed; and Any increase in the value of land arising from planting of the land with forest trees is exempt from being rateable, subject to the trees being approved by the Executive Director of CALM as being sustainable for commercial purposes. 22 Name of legislation Consumer Affairs Act 1971 Agency Major restrictions CEP The Act provides for the appointment of a Commissioner of Fair Trading, establishes a Consumer Products Safety Committee, and for incidental and other purposes. The Act regulates the provision of consumer credit Licensing. Comments on review Report availability Comments on reform Consumer Credit (Western Australia) Act 1996 Cooperative and Provident Societies Act 1903 CEP J The DCEP is undertaking a general review of both the Fair Trading Act 1987 and the Consumer Affairs Act 1971 that includes a review of restrictions on competition to ensure they are in the public interest. A national review of this legislation, which forms part of the nationally consistent Consumer Credit legislation regime, is underway. Recommended for repeal. Subject to Ministerial approval Repeal pending the successful passage of a new Cooperatives Bill through Parliament. A Cabinet Submission seeking approval to draft is being prepared and assuming the relevant priority is allocated by Government, a draft Bill will be available for introduction to Parliament late in 2002. No change. Country Areas Water Supply (Clearing Licence) Regulations 1981 WR Controls over land clearing. Review by Office of Water Regulation Subject to completed in August 2000. No action Ministerial proposed. Controls justified on wider approval ecological and public interest grounds. Review endorsed by Government on 18 December 2000. Review by Office of Water Regulation Subject to completed in September 1999. Minor Ministerial administrative amendments only. approval Review endorsed by Cabinet in December 1999. Amendments expected. Subject to Ministerial approval Country Areas Water Supply Act 1947 Country Areas Water Supply Bylaws 1957 WR Licensing, market power by Water Corporation. Market power. WR Amendments to the Act will be progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Office of Water Regulation and Water Corporation are finalising the amendments. 23 Name of legislation Country Slaughterhouse Regulations 1969 Country Towns Sewerage Act 1948 and By-laws Agency Major restrictions H WR Licensing, registration, entry requirements (competency or six years experience and qualification, fit and proper), the reservation of practice (either licensed or under licensed supervision), disciplinary processes. Comments on review Repealed by subsequent regulation. Report availability No report Comments on reform Repealed by Regulation 28 of the Health (Meat Hygiene) Regulations 2001. Amendments to the Act will be progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Plumbers licensing provisions transferred to the Water Services Coordination (Plumbers Licensing) Regulations in 2000. Transfer also shifted responsibility for plumbers licensing from Water Corporation to new Plumbers Licensing Board. By-laws are expected to be amended. Drafting instructions to include the recommended amendments in the proposed Acts Amendment (Competition Policy) Bill 2002 have been forwarded to Parliamentary Counsel. Review of Water Services Coordination Subject to Amendment Act 1999 completed, Ministerial recommending retaining restrictions to approval prevent unlicensed persons from performing plumbing work and maintaining the power of the Board to set licence conditions. Review endorsed by Government. Credit (Administration) Act 1984 and Regulations CEP Licensing, disciplinary provisions. Review by the Ministry of Fair Trading Subject to completed with public consultation. It Ministerial recommended that the licensing approval requirements be repealed and that many of the powers of the Tribunal and Commission be removed, but that the disciplinary provisions are retained on public interest grounds. The Government endorsed the recommendations of the review. 24 Name of legislation Credit Act 1984 and Regulations Agency Major restrictions CEP Differential treatment. Comments on review Review completed in 2000 and repeal recommended subject to further consideration on impact on contracts entered into prior to 1 November 1996. Repeal timetable to be deferred pending following new legal advice and resolution of above. Review completed in 2002 In May 2002 Government endorsed the recommendations of the review that the restrictions on competition contained in the Act provide a net public benefit and should be retained. Report availability Subject to Ministerial approval Comments on reform Cremation Act 1929 H Two potential restrictions on competition:  Subject to Ministerial approval No change.  the operator of a crematorium must be either a cemetery board or a not for profit association established and constituted for the cremation of human bodies; and an applicant for a licence must satisfy criteria related to matters of public health and safety and hygiene standards. In particular, the applicant must provide an environment that is suitable for the inoffensive, decent and effective cremation of human bodies. Curtin University of Technology Act 1996 ES Competitive neutrality, market power. Review, conducted by the Office of Subject to Higher Education, completed 1998. Ministerial Review recommended that investment approval provisions be consistent between universities. Government endorsed review recommendations. Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill. 25 Name of legislation Dairy Industry Act 1973 and Regulations Agency Major restrictions A Vesting of milk in the Dairy Industry Authority. Farmgate price-setting for market milk. Market milk quotas. Licensing of farmers and processors. Comments on review Report availability Review by Agriculture WA officials, Publicly assisted by an industry working party, available completed in 1998. The review recommended: Comments on reform In line with the March 2000 communique signed by all Australian Agriculture and Primary Industries Ministers committing to a national approach to dairy reform, WA passed Dairy Industry and Herd Improvement Legislation Repeal Act 2000 on 27 June 2000, deregulating the industry from 1 July 2000.    the retention of farm-gate pricing for market milk; the continued vesting of all milk in the Dairy Industry Authority; and the continuation of the licensing powers of the Authority. The review also found that quotas as a mechanism for ensuring year round supply where unnecessary, but recommended that quotas be retained for as long as farm-gate pricing continues. Government endorsed the review. Dampier Port Authority Act 1985 and Regulations Dampier to Bunbury Pipeline Regulations 1998 Debt Collectors Licensing Act 1964 and Regulations PI OE CEP Licensing, entry requirements (age, good fame and character, fit and proper person), the reservation of practice, business conduct (trust accounts, fidelity bonds). Entry, registration, title, practice, discipline. Restricts market entry and conduct. No review undertaken. No review undertaken. Department review underway. Issues paper released. On current progress it is expected that the review will be completed by 30/6/02. New health practitioner legislation is being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Key Directions report available No report No report Act repealed. Replaced by generic Port Authorities Act 1998. Repealed 1 January 2000. Dental Act 1939 H 26 Name of legislation Dental Amendment Act 1996 Agency Major restrictions H Licensing. Comments on review Dental Prosthetics Act H Dried Fruits Act 1947 East Perth Redevelopment Act 1991 and Regulations A EPRA New health practitioner legislation is being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Entry, registration, title, practice, New health practitioner legislation is discipline. being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Grading of fruit. Registration of Review completed by officials in 1997. dealers and packing sheds. It recommended that the Act be Maintenance of health standards. repealed. Redevelopment control of the Review completed in 1997. Review area, the compulsory taking of found that effects of the restrictions land, subdivision approval from on competition are relatively minor. Minister rather than the State The report concludes that there are no Planning Commission, Treasurer's acceptable alternatives to achieving guarantee of loans, and the objectives of the three restrictions Ministerial controls. relating to the powers of the Authority. The powers are necessary to clean up the existing environmental problems and achieve redevelopment in line with the vision for the area. At this stage of the Authority's activities, it would not be feasible to modify the regulatory framework. The restrictions relating to the internal running of the Authority stem from the Authority's status as a government agency and therefore cannot be removed. Recommended retaining restrictions. Government endorsed the recommendations of the review. Report availability Key Directions report available Key Directions report available No report Subject to Ministerial approval Comments on reform Act repealed on 15 December 1998. No change. 27 Name of legislation Eastern Goldfields Transport Board Act 1984 and Regulations Agency Major restrictions PI Edith Cowan University Act 1984 ES Report availability Restrictions that gave the Board Review completed in 1997. Concluded Subject to advantages arising from public the Board needs to retain the powers Ministerial ownership included: to enable monies to be borrowed to approval continue to perform its role as a  nominating the Board as an provider of public bus services in Kalgoorlie/Boulder. Recommended agent of the Crown; repealing restrictions on nominating  implying a Government the Board as an agent of the Crown Guarantee on borrowings; and exempting the Board from paying  exempting the Board from payment of local government local rates. rates; and  allowing the Board to make Non-legislative alternatives were considered (and rejected) relating to by-laws and regulations the Board's current power to regulate governing the behaviour of patrons' behaviour through by-laws patrons and other matters. and regulations. The Board's powers in this respect are comparable to those of the Department of Transport in the Transperth system, and they do not confer any significant advantage over potential competitors. Recommended retaining above restriction. Competitive neutrality, market Review, by the Office of Higher No report power. Education, completed 1998. Review recommended that investment provisions be consistent between universities. Government endorsed review recommendations. Review underway. Comments on review Comments on reform Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill. Amendments being progressed via the Acts Amendment and Repeal (Competition Policy) Bill. Education Service Providers (Full Fee Overseas Students) Registration Act 1992 ES Licensing of providers of education to overseas students. 28 Name of legislation Electricity Act 1945 - Part 1 of 2 Agency Major restrictions OE Regulations concerning mandated supply; coordinator determines interconnection prices; restriction on sale/hire of non-approved electrical appliances; uniform pricing. Comments on review Review by an independent consultant completed in 1998. Involved consultation. Review recommended retention of existing restrictions but removal of Western Power's exemption from seeking Coordinator's approval to supply the public. The Government endorsed the recommendations of the review. Review of Electricity (Licensing) Regulations underway. Report availability Subject to Ministerial approval Comments on reform The review recommendations have been superseded by wider reform of the electricity industry. The Government is proposing new legislation based on the recommendations of the Electricity Reform Taskforce. Electricity Act 1945 - Part 2 of 2 (Electricity (Licensing) Regulations 1991) OE Electricity Corporation Act 1994 OE Regulations - licensing, entry requirements (apprenticeship/training and experience/exam, fit and proper), reservation of practice, disciplinary processes. Exclusive franchise of Western Power; barrier to entry to generate electricity; vertical integration; competitive neutrality restrictions. Review completed by an independent Subject to consultant. Involved consultation. Ministerial Review recommended an accelerated approval timetable for third party access, removal of entry barriers for generators, and ring fencing of vertical integration structure. The Government endorsed the review's recommendations. The contestability threshold was lowered from 5MW to 1MW from 1 January 2000. The government has made further reductions to the general contestability threshold on 1 July 2001 (228kW) and further reductions are planned for 1 January 2003 (34kW). Some minor competitive neutrality advantages have been removed by the Statutes (Repeals and Minor Amendments) Act 1998. Act under review by Electricity Reform Taskforce. 29 Name of legislation Agency Major restrictions Licensing, entry requirements (fit and proper person), the reservation of practice, business conduct (scale of fees, maintenance of records, no misleading advertising). Licensing system that provides for regulation of companies operating distribution systems and supplying gas to consumers using less than 1 Terajoule per year. Provided monopoly rights over sale of LPG and provides energy corporations with powers of compulsory land acquisition and disposal, powers of entry, certain planning approval and water rights, and indemnity against compensation claims.  The ability to require an environmental impact assessment;  Licensing of occupiers of prescribed premises;  Exempting certain firms from EPA licensing;  The requirement for firms to comply with the environmental standards set; and  The power to prepare and publish environmental protection policies. Comments on review Department review underway. Consultation involves a questionnaire sent to 355 licensed employment agents, public submissions on issues, and stakeholder responses to draft report. Review of new provisions found restrictions were minimal and were the most cost-effective means of protecting small customers. Report availability Comments on reform Employment Agents Act 1976 and CEP Regulations Energy Coordination Act 1994 OE Subject to Ministerial approval No change. Energy Operators (Powers) Act 1995; formerly known as Energy Corporations (Powers) Act 1979 OE Review completed in 1998. It No report recommended removal of monopoly over sale of LPG, and retention of land use powers of energy corporations. Land use powers necessary to facilitate energy supply. Review by independent consultants completed. The review found that restrictions should be retained. Government endorsed the recommendations of the review in 1997 Subject to Ministerial approval Restrictions on LPG trading lifted with enactment of Energy Coordination Amendment Act 1999 and the Gas Corporation (Business Disposal) Act 1999. Environmental Protection Act 1986 CALM No change. Esperance Lands Agreement Act 1960 LA Not for review as Act will be repealed. No report To be repealed in the Statutes (Repeals and Minor Amendments) Omnibus Bill. 30 Name of legislation Esperance Port Authority Act 1968 and Regulations Exotic Diseases of Animals Act 1993 Agency Major restrictions PI A Restrictions on market entry and conduct. Powers to inspect, demand assistance and issue local quarantine orders. Powers to seize and destroy infected stock. Powers to control the movement of stock. The Act requires licences, permits, authorisations or approvals to be obtained as a means of regulating the various activities involving explosives and dangerous goods. Comments on review Report availability No report Subject to Ministerial approval Comments on reform Act repealed. Replaced by generic Port Authorities Act 1998. No change. Review completed in 1998. It recommended retaining the restrictions in the public interest. Explosives and Dangerous Goods Act 1971 MPR Government endorsed the review in March 1999 Review completed in 1998. It found Subject to that generally there are more efficient Ministerial and effective ways of achieving the approval objectives of the legislation. The review considered more flexible approaches to controlling activities involving dangerous goods and found The effects of the restrictions are that these alternatives can also generally to impose compliance achieve the required safety and costs on business and to protect community protection objectives. the community from the activities involving explosives and The Government endorsed the dangerous goods. recommendations of the review. The Dangerous Goods (Transport) Act 1998 implemented a revised framework for classifying explosives and dangerous goods and transport-related matters. This ensures international consistency in systems of classification and authorisation criteria for dangerous goods and explosives. In addition, regulation of the transportation of explosives is now consistent with that of other dangerous goods under the new national transport framework. Further amendments are being drafted. 31 Name of legislation Fair Trading Act 1987 Agency Major restrictions CEP Regulates the supply, advertising and description of goods and services and, in certain respects, the disposal of interests in land, and to make provision with respect to certain unfair or undesirable trade practices, as to the conditions and warranties to be applicable in consumer transactions, and as to the conditions and warranties to be applicable in consumer transactions, and as to the establishment of Codes of Practice as between certain classes of suppliers and consumers. Requires retailers to clearly label fertilisers and to handle them in such a way as to avoid contamination. Comments on review The DCEP is undertaking a general review of both the Fair Trading Act 1987 and the Consumer Affairs Act 1971 that includes a review of restrictions on competition to ensure they are in the public interest. Report availability Comments on reform Fertilisers Act 1977 A Review completed in 1997. It recommended:   Subject to Ministerial approval amending the Act to apply only to those fertilisers that pose a risk to agriculture; and using less restrictive means to achieve the same objectives for other fertilisers. Review recommendations are being implemented through the Agricultural Management Bill which is currently being drafted. Government endorsed the recommendations of the review in 1997. 32 Name of legislation Agency Major restrictions Finance Brokers Control Act 1975 CEP Report availability Registration, business licensing Review completed in 1999. It was Subject to (with exceptions), advertising, concluded that the significant cost of Ministerial limits on remuneration, complying with the Act did not warrant approval conditions on how monies are the benefits (if any) that it obtained kept on behalf of clients, auditing and that these could be achieved with requirements and other conduct a less restrictive model. There was no restrictions. evidence that the current system reduced the risk of defalcation or fraudulent behaviour of finance brokers. The review identified a class of persons known as private lenders who require some form of regulation to ensure a high quality service is maintained. This group includes superannuants who see mortgage backed loans as being an alternative to bank deposits. The review recommended repealing the Act and introducing Code of Practice under section 42 of the Fair Trading Act 1987, to provide regulation of financial intermediaries who deal as private lenders, for 3 years while the industry develops a self-regulatory mechanism. The review of the Act was completed but recommendations held in abeyance pending the decision of the Temby Royal Commission into the Finance Broking Industry. The report of the Royal Commission was tabled in Parliament on 19 February 2002. Not for review. Act removed from the No report legislation review timetable in view of a national approach to firearms policy. Comments on review Comments on reform In response to the Royal Commission the Act is being repealed. The Government is passing control of the finance broking industry to the Federal Government under the Australian Securities and Investment Commission. Firearms Act 1973 and Regulations P Registration (firearm repairers). No change. 33 Name of legislation Fish Resources Management Act 1994 Agency Major restrictions F Report availability Licensing of fishers. Prohibitions Review conducted in two parts. The Publicly on market outlets. Input controls first part, which excluded rock lobster available on boat, gear and fishing processing provisions, was completed methods. Output controls such in 1999. It recommended retaining total allowable catches, quota, existing restrictions except for the bag and size limits. Western Rock Lobster Managed Fishery, where it recommended an assessment of the net benefit of moving to an output controls-based regime. It also recommended steps to include NCP principles in the ongoing cycle of fisheries management review. The Government has endorsed the recommendations of the first part of the review. The second part of the review was of the rock lobster processing sector. The Government decided to remove limits on the number of domestic processing licences and provide licence holders the right to establish at multiple locations but decided to retain limits on the number of export processing licences. Comments on review Comments on reform The agency is preparing drafting instructions for a Fish Resource s Management Amendment Bill. Fisheries Adjustment Schemes Act 1987 Fishing Industry Promotion Training and Management Levy Act 1994 F F Ministerial discretion as to eligibility for compensation upon cancellation of fishing property rights. Potential for levies to be imposed with differential impact on fishers. Review completed. The Government has endorsed the review’s recommendations to not change the Act. Review completed, which found restrictions are in the public interest. The Government has endorsed the review’s recommendations to not change the act. Subject to Ministerial approval Subject to Ministerial approval No change. No change. 34 Name of legislation Agency Major restrictions Restricts market entry and conduct. Licensing. Comments on review Fremantle Port Authority Act 1902 PI Act and Regulations Friendly Societies Act 1894 J Fruit Growing Industry Trust Fund A Act 1941 Gaming Commission Act 1987 RGL and Regulations Report availability No report Publicly available No report Comments on reform Act repealed. Replaced by generic Port Authorities Act 1998. Act Repealed. Act repealed. The Office of Racing, Gaming and Liquor are preparing drafting instructions for inclusion of the necessary amendments in an NCP omnibus bill. Regulatory issues associated with control of the Lotteries Commission need to be resolved before the Act can be amended to allow the Minister to enter into agreements with private organisations to supply State lottery products. Not for review. Gas Corporation Act 1994 Gas Standards Act 1972 and Regulations OE OE Licensing for the conduct of Review completed in 1998. No Publicly games such as bingo, two-up and change. to most restrictions, including available so on. licensing and the availability of gaming machines. But restrictions on casino games for community gaming, two-up and bingo prize pools to be removed, subject to appropriate changes being negotiated in the Casino (Burswood Island) Agreement Act. Lotteries restrictions to be removed or reduced, including: to allow for the licensing of suppliers of State lottery products by State Agreement; amending the legislation so that lotteries conducted by organisations the subject of such an agreement are lawful lotteries; allow for licensing professional fundraisers; removing the definition of 'foreign lottery' from the legislation; and related amendments. Creates Gas Corporation to run No report certain publicly owned gas assets. Gas Standards (Gasfitting and Review underway. Consumer Gas Installations) Regulations 1999 - gasfitters licensing, registration, entry requirements (knowledge and skills, fit and proper), reservation of practice. Repealed December 2000. 35 Name of legislation Gas Transmission Regulations 1994 Agency Major restrictions OE Access provisions. Restricts market entry and conduct. Deals with competitive advantages and disadvantages arising from Government ownership. Comments on review Report availability No report No report Comments on reform Repealed. Access and related matters now regulated under Gas Pipelines Access (WA) Act 1998. Act repealed. Replaced by generic Port Authorities Act 1998. Review recommendations are being implemented through the Acts Amendment and Repeal (Competition Policy) Bill 2002 currently being drafted. This Bill will be introduced to Parliament in the 2002 Spring Session. Act repealed. Government Railways (Access) Act 1998 and the Rail Safety Act 1998 amendments have removed various advantages and disadvantages conferred on the Commission. Geraldton Port Authority Act 1968 PI and Regulations Gold Corporation Act 1987 and TF Regulations Review completed in 1999/2000. Subject to Review recommended removal of Ministerial advantages enjoyed by the Gold approval Corporation and subsidiaries over other businesses operating in precious metals markets. No review. No report Government Employees GESB Superannuation Act 1987 Government Railways Act 1904 WARC and By-laws: Nos. 1 to 53, 59, 62, 63, 64, 68, 74. No 55 (rates) No 60 (passenger fares) No 75 (Auction Sales) No 76 (Licensed Porters) Grain Marketing Act 1975 and A Regulations Limits on choice of funds. Access, market power, competitive neutrality. Review completed in 1998. Subject to Recommendations related primarily to Ministerial the removal of competitive approval advantages. The previous Government deferred its decision on a draft report pending the reviewers addressing criticism of the review report. A redrafted review report has been submitted to Government and is awaiting consideration by the State’s Expenditure Review Committee. Review conducted by independent consultants. Review report currently being considered by Government. Establishes the Grain Pool of WA (GPWA) and confers on it a monopoly over bulk exports of feed and malting barley, canola and lupins. Hairdressers Registration Act 1946 and Regulations DT Licensing, registration, entry requirements (good character, training and exam), reservation of practice and title, disciplinary processes. 36 Name of legislation Harvey, Waroona Collie River Irrigation Districts By-laws 1975 Agency Major restrictions WRC Comments on review Monopoly powers to Water Review by Water and Rivers Corporation. Differential rights to Commission completed in January irrigators. 2000. No action proposed - minor restrictions found to be justified on public welfare grounds to maintain security of supply and safeguard laws proposed to reflect current management practices. Endorsed by the Government 14 August 2000. As per the Food Standards Code. National review completed in 2000 (see NSW Food Act 1989). Report availability Subject to Ministerial approval Comments on reform No change. Health (Adoption of Food Standards Code) Regulations 1992 Health (Asbestos) Regulations 1992 Health (Cloth Materials) Regulations 1973 Health (Construction Work) Regulations 1973 Health (Drugs and Allied Substances) Regulations 1961 H Publicly available All Australian Governments agreed in November 2000 to adopt core provisions of the Model Food Bill by November 2001. H H H H Licensing. Licensing. Licensing. Licensing. Review underway. Review underway. Review underway. Part of Galbally Review. Draft Review Report completed 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Final review report under consideration by the Australian Health Ministers Advisory Council. Review underway. Health (Food Hygiene) Regulations 1993 Health (Game Meat) Regulations 1992 H H Licensing of food processors. Registration of premises. Safe food practices specified. Minimum qualifications for Review underway. slaughterers. Registration of field depots and processing facilities. 37 Name of legislation Health (Meat Inspection and Branding) Regulations 1950 Health (Pesticides) Regulations 1956 Health (Pet Meat) Regulations 1990 Health (Public Buildings) Regulations 1992 Health (School Dental Therapists) Regulations 1974 Health (Treatment of Sewerage and Disposal of Effluent and Liquid Waste) Regulations 1993 Health Act (Swimming Pools) Regulations 1964 Health Act 1911 Agency Major restrictions H H H H H H H H Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Licensing. Comments on review Review underway. Review underway. Invitation to submit. Review underway. Review underway. Review underway. Replacement legislation to be developed. Review underway. Review underway. Review completed. Removed from timetable. Report availability Comments on reform Health Laboratory Services (Fees) H Regulations Health Services (Conciliation and H Review) Act 1995 Act repealed. 38 Name of legislation Hire Purchase Act 1959 and Regulations Agency Major restrictions CEP Report availability Credit providers are required to Review, by the Ministry of Fair Trading Subject to refund any surplus amount completed, with public consultation. Ministerial following repossession of goods Review found that most of the approval under hire-purchase transactions; provisions of the Act are no longer the Court has power to reopen needed to achieve consumer hire-purchase transactions which protection for new hire-purchase it considers to be "harsh or transactions, since the enactment in unconscionable"; and the ability 1996 of the national uniform of credit providers to repossess Consumer Credit Code. However, the farming goods is regulated. review found that three provisions (relating to surplus from sale of goods, equitable relief and farm goods purchases) are not adequately reproduced in the new Code and are justified for retention in the public interest. The Government endorsed the recommendations of the review. Comments on review Comments on reform Act to be amended via the Acts Amendment and Repeal (Competition Policy) Bill 2002. 39 Name of legislation Home Building Contracts Amendments Act 1991 and Regulations Agency Major restrictions CEP Home building work contracts, dispute resolution procedures, and home building insurance arrangements. Comments on review Review, in conjunction with review of the Builders Registration Act 1939, completed in 2002. In May 2002 Government endorsed the review recommendations to amend the following: Report availability Subject to Ministerial approval Comments on reform Amendments implemented by the Building Legislation Amendment Act 2000. Horticultural and Produce Commission Act 1988 A Hospitals (Licensing and Conduct of Private Hospitals) Regulations 1987 Hospitals (Licensing and Conduct of Private Psychiatric Hostels) Regulations 1997 Hospitals (Service Charges) Regulations 1984 H H H directions from Water Corporation to be amended to include all relevant licensed water service providers or the Office of Water Regulation where no licensed water service provider exists; and  consumers may terminate contract when they are at fault: will be amended to allow termination only if both parties agree. Horticultural Produce Commission Review completed in 1997. It Subject to is empowered to raise recommended amending the Act to Ministerial compulsory levies from growers. ensure that levies are used only to approval fund services that are of a sufficiently public good nature and have had a benefit cost assessment. Licensing. Review underway. Licensing. Licensing. Review underway. Review underway.  Act amended. Now called the Agricultural Produce Commission Act 1988. 40 Name of legislation Agency Major restrictions Comments on review Report availability Comments on reform Hospitals and Health Services Act H 1927  Review underway. Regulatory system controls entry of firms or individuals into or out of the market for private sector health services (eg number of private hospital bed numbers at a facility and specifications of buildings);  Hospitals and Health Services Amendment Act 1996 Human Reproductive Technology Act 1991 H H Fees charged for private patients treated in public hospitals are determined by the Governor. Licensing. Licensing. Review underway. The review found that the Act No report contained no restrictions that had any effect on competition so as to warrant assessment. Government endorsed the review recommendations. Review completed and recommended No change. No change. Human Reproductive Technology Amendment Act 1996 H Licensing. Human Tissue and Transplant Act H 1982 Licensing. Indecent Publications and Articles J Act 1902 and Regulations Licensing. Government endorsed the review recommendations. Review completed in 2000. The review Subject to found that the Act contained no Ministerial restrictions that had any effect on approval competition so as to warrant assessment. Not reviewed. Subject to Ministerial approval No change. No change. Repealed and replaced by the Censorship Act 1996. 41 Name of legislation Industrial Relations Act 1979 Agency Major restrictions CEP · qualifications for Chief Commissioner and President; · age limit for members of Western Australian Industrial Relations Commission; · restrictions on the jurisdiction of Western Australian Industrial Relations Commission; · individual access to Western Australian Industrial Relations Commission; · representation of parties by legal practitioners; · employees as parties to industrial agreements; · registration of employer and employee organisations; · access to Public Sector Appeal Board and Railway Classification Board; and · use of the Government Printer to print the Gazette. Binding of employers and employees to common rule awards · parties to workplace agreements having total access to Western Australian Industrial Relations Commission; and · prohibition on use of membership funds for political expenditure. Comments on review Review completed in 1997. Due to the non-financial nature of the restrictions and the difficulty in quantifying them, the analysis is purely qualitative. The restrictions are largely discriminatory in nature. A number of restrictions discriminate between employees in relation to access to dispute resolution services. Recommended: Report availability Comments on reform    the above restrictions should be removed as they are not in the public interest; the binding of employers and employees to common rule awards legislation should be amended; the following restrictions are in the public interest and should be retained: - parties to workplace agreements having total access to Western Australian Industrial Relations Commission; - restrictions on the jurisdiction of Western Australian Industrial Relations Commission; and - prohibition on use of membership funds for political expenditure. Government endorsed the recommendations of the review. 42 Name of legislation Agency Major restrictions Licensing. Licensing. Licensing. Differential treatment. Limits on investment and borrowing powers, Treasurer's guarantee, Competitive neutrality. Comments on review Review underway. Review underway. Report availability Comments on reform Industrial Training Act 1975 and DT Regulations Infectious Diseases (Inspection of H Persons) Regulations Inquiry Agents Licensing Act 1954 P and Regulations Instant Lottery Rules 1991, RGL Instant Lottery (Telespin) Rules 1991and Lotto Rules 1990 Insurance Commission of Western IC Australia Act 1986 Review completed in 1998. It No report concluded that the restrictions provide net public benefit primarily because they improve accountability and oversight controls that are consistent with the approach to other public sector bodies, and legislation other than this Act gives the Insurance Commission exclusive functions so that it has no competitors. The review recommended retaining the restrictions as they provide a net public benefit and are necessary to achieve the objectives of the Act. Government endorsed the review recommendations. Not for review as Act will be repealed. No report No report. Act repealed and replaced by Security and Related Activities (Control) Act 1996. Repealed. Replacement Lotteries Commission regulations reviewed. No change. Irrigation (Dunham River) Agreement Act 1968 Jetties Act 1926 and Regulations LA PI Differential rights. Licensing, competitive neutrality. No review undertaken. To be repealed in the Statutes (Repeals and Minor Amendments) Omnibus Bill. Legislation to be repealed pending enactment of Maritime Bill. 43 Name of legislation Agency Major restrictions DOLA employees are restricted in their ability to compete equally for the purchase of Crown land; The Valuer General’s Office has a potential competitive advantage in the land valuation market; Private sector auctioneers are required to hold a licence to conduct Crown Land auctions while DOLA employees are exempt. Comments on review Review completed. Recommended restrictions are in the public interest and should be retained. The Government endorsed the recommendations of the review. Land Administration Act 1997 and PI Regulations Report availability Subject to Ministerial approval Comments on reform No change. 44 Name of legislation Land Drainage (Rating Grades) Regulations 1986 Agency Major restrictions WR Report availability Exemption from paying rates for Review completed. The legislative Subject to certain activities, subject to those provisions were assessed as being in Ministerial exemptions on specific land uses the public interest for reasons of social approval that are imposed for social equity and good infrastructure reasons, continuing to be subject planning. Recommended retaining the to the formal and transparent above restrictions. community service obligation payment. Other "housekeeping" recommendations included: Provisions whereby land is subject to water supply,  amending the grading system in sewerage, drainage and irrigation the Land Drainage (Rating charges even if it is not actually Grades) Regulations to be connected to the system and consistent with recommendation where owners or occupiers do not in the main review to deal with all actually use the system. charges through the Water Agencies (Powers) Act 1984; Exemption from paying charges  amending the Land Drainage for pensioners. Water Agencies Regulations to be consistent with (Entry Warrant) Regulations. recommendation in the main review to deal with all charges through the Water Agencies (Powers) Act 1984; and  amending the regulations of the Water Agencies (Infringements) Regulations 1994 to be consistent with the Water Agencies (Powers) Act 1984 allowing the Water and Rivers Commission the ability to delegate authority for issuing infringements. The Government endorsed the recommendations of the review. Comments on review Comments on reform Drafting instructions for the amendments are currently being developed by the Water Corporation in consultation with the Office of Water Regulation. 45 Name of legislation Land Drainage Act 1925 Agency Major restrictions WR Market power. Comments on review Review by Office of Water Regulation completed in September 1999. Minor amendments to Act proposed to ensure consistency of approach with competitive licensing regime and other related Acts. Report availability Subject to Ministerial approval Comments on reform Act to be amended via the Acts Amendment and Repeal (Competition Policy) Bill 2002. . Land Drainage Bylaws 1986 WR Market power. Land Drainage Regulations 1978 WR Market power. The Government endorsed the recommendations of the review on 20 December 1999. Review by Office of Water Regulation Subject to completed in December 1999. Ministerial approval Endorsed by Government on 20 December 1999. Review by Office of Water Regulation Subject to completed in 1999. Ministerial approval The Water Corporation in consultation with the Office of Water Regulation is currently developing drafting instructions for amendments. Amending Regulations to be consistent with the recommendation in the main review to deal with all charges through the Water Agencies (Powers) Act 1984. Land Valuers Licensing Act 1978 Regulations CEP Licensing, entry requirements (member of Institute of Valuers or education and four years experience, and possibly exams), the reservation of title and practice, business conduct (including board setting maximum fees, code of conduct). Review completed in October 1999. Subject to The review report recommended Ministerial discontinuing licensing and winding-up approval the Land Valuers Licensing Board. .The review report was held in abeyance pending the findings of the Temby Royal Commission. The Commission found that the retention of licensing and of the Board is in the public interest. The Government endorsed the report and an amended NCP report taking into account the Royal Commission findings is being prepared. 46 Name of legislation Law Reporting Act 1981 Agency Major restrictions J Report availability The requirement to obtain prior Review completed in 1998. It found Subject to written consent of the Attorney the benefits of the restriction (through Ministerial General before publishing judicial maintaining the integrity of judicial approval decisions of State courts. processes utilising published judgments) outweigh the costs The practice of selective associated with potentially reduced invitation and awarding of a innovation and availability of law single contract for a ten year reports. Review concluded the net period for the publication of the public benefit could be achieved by a Authorised Reports. less restrictive alternative, involving a negative licensing system giving An arrangement between the blanket authorisation to anyone to Supreme Court Library and the publish law reports while preserving Attorney General which the Attorney General's right to revoke, establishes the Library as a vary or withdraw authorisation, and monopoly service provider for the the practice of selective invitation and supply of unreported judgments awarding of a 10 year contract for and which is not subject to any publication of the Authorised Reports form of market testing. be replaced with a widened tender process and reducing contract periods to 5 years. Also recommended retaining the arrangement between the Supreme Court Library and the Attorney General, as there were benefits from greater accessibility to unreported judgments for the judiciary and the community at large through an efficient distribution service at minimal cost. The Government endorsed the recommendations of the review. Comments on review Comments on reform The recommendations are likely to be effected through administrative rather than legislative means. 47 Name of legislation Legal Aid Commission Act 1976 and Regulations Agency Major restrictions J Legal Contribution Trust Act 1967 J Legal Practitioners Act 1893 and Rules J Report availability The review identified four Review completed. The review found Subject to restrictions in the Act as it will be that each of the restrictions is in the Ministerial amended by the Bill, all classified public interest and should be retained. approval as minor: Government endorsed the review's  prescribed composition of the conclusion that the restrictions in the Act, as it will be amended by the Bill, Legal Aid Commission;  power and recognition given should be retained as being in the public interest. to the Law Society of WA (Inc);  prescribed qualifications of public assessor; and  prescribed rate of interest payable on money owed to Legal Aid Commission. Requires practitioners to deposit The review of this Act is being a certain percentage of their conducted in concert with the review general trust account into an of the Legal Practioners Act 1893. interest-bearing fund maintained by the Legal Contribution Trust. Licensing, registration, entry Department review underway. requirements, reservation of title, reservation of practice, disciplinary processes, business conduct (including monopoly professional indemnity insurance, trust accounts, fees, advertising), competitive neutrality. Comments on review Comments on reform No change. The Legal Practitioners Omnibus Bill 2002 will address some anti-competitive elements of the current legislation. The drafting of further amendments arising from review recommendations will commence on completion of the review and will be addressed either on a National level through auspices of the Standing Committee of Attorneys General model laws project or via the Bill. 48 Name of legislation Agency Major restrictions Licensing, entry requirements (competency - education and experience, age, good fame and character, continuing professional development), the reservation of title and practice, disciplinary processes, business conduct (including professional indemnity insurance). Licensing. Contains a public needs test. (s 38 requires the licensing authorities to have regard to the number and condition and distribution and services provided by existing licensed premises in the affected area.) Also, differential hours for hotels and liquor stores with the latter prohibited from opening on Sundays. Comments on review Review, in conjunction with review of Strata Titles Act 1985, completed in November 1998. Recommendations included re-composing the board, clarifying entry standards, and retaining restrictions on professional indemnity insurance. Government endorsed review recommendations. No review undertaken. Licensed Surveyors Act 1909 and PI Regulations Report availability Publicly available Comments on reform Amendments to the Act will be progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Lights (Navigation Protection) Act PI 1930 Liquor Licensing Act 1988 and RGL Regulations No report Act to be repealed. Draft review completed in March 2001. Publicly Recommended that the public needs available test should be replaced by a public interest test. This public interest criteria should include reference to the likely effect on competition in the liquor market but not on individual competitors to enable identification of important but otherwise undisclosed public interest matters, ie. outlet density and propensity for harm and ill heath. Review also recommended that trading hours for liquor stores and hotels be similar including on Sundays. The draft review is with the Minister for Racing and Gaming Review of existing legislation to be completed by June 2002. The Government is currently developing a Bill to replace the Act. Local Government (Miscellaneous LGRD Provisions) Act 1960 and Building Regulations 1989 49 Name of legislation Local Government Act 1995 Agency Major restrictions LGRD Competitive neutrality, differential treatment, single industry superannuation scheme for employees. Comments on review Review completed. Concluded that requirement for local governments to participate in a single industry superannuation scheme is inappropriate. Exemption of Cooperative Bulk Handling from rates found to be potentially anti-competitive. Matter to be considered in conjunction with the review of the Bulk Handling Act 1967. Report availability Subject to Ministerial approval Comments on reform A bill to implement the review recommendations is currently being drafted. Local Government Draft Model By-Laws LGRD Removed from review schedule. No change. 50 Name of legislation Agency Major restrictions Comments on review Lotteries Commission Act 1990 RGL and Rules & Regulations Lotteries Commission Regulations 1991; Lotteries Commission: (Super 66) Rules 1996; (Powerball Lotto) Rules 1996; (Saturday Lotto) Rules 1996; (Oz Lotto) Rules 1996; (Instant Lottery) Rules 1996; (Soccer Pools) Rules 1996. Allowing the Lotteries Review completed in 1997. Commission (the Commission) to Recommended retention of enter into agreements with other restrictions. State lotteries agencies for the purposes of jointly conducting Lotto and Soccer Pools. Allowing the Commission to use trading names and symbols. Allowing the Commission to obtain permits directly from the Minister. Making it an offence for a person, without the approval of the Commission, to derive a fee or reward for promoting or forming a syndicate to purchase a ticket in a game conducted by the Commission. Allowing the Commission to enjoy the status, immunities and privileges of the Crown. Allowing for the compulsory acquisition of land and limiting advertising within view of public roads. Report availability Subject to Ministerial approval. Comments on reform No change. Main Roads Act 1930 and Regulations PI Review completed. Concluded that Subject to restrictions were necessary to provide Ministerial Government the means to provide approval. road corridors and ensure that road safety is protected. Government endorsed the review recommendations. No review undertaken. No change. Marine (Hire and Drive Vessels) Regulations 1983 PI Subject to Ministerial approval. Repeal pending enactment of Maritime Bill. 51 Name of legislation Marine Act 1982 Marine and Harbours Act 1981 and Regulations Maritime Bill Marketing of Eggs Act 1945 Agency Major restrictions PI PI PI A Competitive neutrality. Designed to regulate the safety and pilotage requirements for ships in WA. Prohibits sale of eggs to persons other than the WA Egg Marketing Board unless under certain exemptions. Producers must be licensed and transfer of licences prohibited without written permission of the Board. Comments on review No review undertaken. No review undertaken. Review underway. When enacted, will replace several pieces of maritime legislation. Review underway. Report availability Comments on reform Repeal pending enactment of Maritime Bill. Repeal pending enactment of Maritime Bill. Marketing of Meat Act 1946 and Regulations A Not for review. No report Act repealed in mid-1999. 52 Name of legislation Marketing of Potatoes Act 1946 and Regulations Agency Major restrictions A Comments on review Review underway. The previous Government deferred its decision on a draft report pending the reviewers addressing criticism of it. The Government is now undertaking further stakeholder consultation and input to help establish the public interest before finalising the review. To facilitate this a discussion paper will be publicly released in April 2002 and submissions invited. In addition, stakeholder meetings will be held to discuss industry’s views on the relevant issues. Recommendations to come out of this process will be considered by Government and reforms implemented as soon as possible. Review underway. Report availability Comments on reform   Prohibits sale for domestic consumption of potatoes to persons other than the WA Potato Marketing Corporation unless under certain exemptions. Producers must hold entitlements allocated by the Corporation. Meat Transport Regulations 1969 H Medical Act 1894 H Mental Health (Administration) Regulations 1965 Mental Health (Consequential) Provisions Act 1996 H H Entry, registration, title, practice, Review underway. Draft report discipline, advertising. released in October 1999. Recommendations included removing reserved practice, limiting the reservation on title, changing the disciplinary system and introducing new advertising restrictions. Licensing. Licensing. Review concluded that restrictions are Subject to in the public interest and should be Ministerial retained. approvalF The Government endorsed the recommendations of the review in November 2000. Regulations have been repealed and replaced. No change. 53 Name of legislation Mental Health (Transitional) Regulations 1997 Agency Major restrictions H Comments on review Review concluded that restrictions contained in the replacement legislation were in the public interest. The Government endorsed the recommendations of the review in November 2000. Review completed. Review concluded that restriction contained in the replacement legislation were in the public interest. Review completed in December 2000. The review found that the restrictions safeguard the welfare of patients with mental illnesses, comply with international obligations and promote high and consistent standards in mental health care, leading to increased public confidence in the system. The review concludes that the restrictions are in the public interest and should be retained. The Government endorsed the recommendations of the review in November 2000. Review concluded restrictions are in the public interest. Review endorsed by Government. The Trust is to be abolished and replaced by the new Western Australian Transit Authority. The review for the Transit Authority will be completed in the near future. Report availability Subject to Ministerial approval Comments on reform No change. Mental Health (Treatment Fees) Regulations 1992 Mental Health Act 1962 Mental Health Act 1996 H H H Licensing. Licensing, differential treatment. Licensing, differential treatment. Repealed. No report Subject to Ministerial approval Repealed and replaced by the Mental Health Act 1996. No change. Mental Health Regulations 1997 Metropolitan (Perth) Passenger Transport Trust Act 1957 and Regulations H PI Licensing. Subject to Ministerial approval No report. No change. Repeal pending (there are ongoing legal liabilities for superannuation and workers compensation). 54 Name of legislation Metropolitan Region Town Planning Scheme Act 1959 Metropolitan Water Authority (Miscellaneous) By-laws 1982 Metropolitan Water Authority Act 1982 Agency Major restrictions PI WRC Differential treatment. Comments on review Being reviewed with the Urban and Regional Planning Bill and other planning legislation. Reviewed by Water and Rivers Commission. There were no restrictions on competition identified in the by-laws. Review by Water and Rivers Commission completed. There were no restrictions on competition identified in the legislation. Report availability Comments on reform No change. WRC Market power given to Water Corporation. No change. Metropolitan Water Supply, WR Sewerage and Drainage Act 1909 Metropolitan Water Supply, Sewerage and Drainage By-laws 1981 WR The Government endorsed the recommendations of the review on 14 August 2000. Market power, and differential Review by OWR completed in Subject to treatment for licensing. September 1999. Ministerial approval Government endorsed the recommendations of the review on 20 December 1999. Licensing - as for Country Towns Review by Office of Water Regulation Subject to Sewerage Act 1948. completed. Ministerial approval Drafting instructions to include the recommended amendments in the proposed Acts Amendment (Competition Policy) Bill 2002 have been forwarded to Parliamentary Counsel. Plumbers licensing provisions transferred to the Water Services Coordination (Plumbers Licensing) Regulations in 2000. Transfer also shifted responsibility for plumbers licensing from Water Corporation to new Plumbers Licensing Board. Further amendments are expected. 55 Name of legislation Mining Act 1978 and regulations 1981 Agency Major restrictions MPR Establishes licensing regime for exploration and development of minerals. Comments on review Review completed. Review found restrictions necessary for orderly exploitation of mineral resources, minimising land use conflict, protecting third-party rights, minimising environmental impacts and promoting efficiency. Report availability Subject to Ministerial approval Comments on reform No change. Morley Shopping Centre Redevelopment Agreement Act 1992 Motor Vehicle (Third Party Insurance) Act 1943 IT Government assistance for retail development Government accepted review findings. Review completed. The review found Subject to that the agreement was in the public Ministerial interest. approval Government accepted review findings. Review completed in 2000. The review Subject to found mandatory insurance and price Ministerial restrictions give rise to net public approval benefits (ensuring injured parties are compensated, reducing costly private legal action, lowering transactions costs, lowering costs of insurance, increasing the proportion of claims' payments retained by claimants). No less restrictive means of achieving the objectives were found. The review found that monopoly provisions do not offer sufficient public benefit to justify their retention, and recommended the restrictions should be removed. The Government is currently considering the review. No change. IC Mandatory insurance, monopoly insurer, centralised premium setting. 56 Name of legislation Motor Vehicle Dealers Act 1973 and Regulations Agency Major restrictions CEP Licensing (motor vehicle dealers, yard managers, car market operators and sales persons), entry requirements (dealers must be solvent and understand their obligations under the Act, yard managers must complete a fourday course), business conduct (statutory warranties on used vehicles), power to the Motor Vehicle Licensing Board to set standards for premises. Licensing, entry requirements (competency, aged at least 21 years, good character, fit and proper person, may require test or course), the reservation of practice (teach for reward), business conduct (dual control vehicle, regulations may make provisions for displaying identification). Competitive neutrality, market power. Comments on review Review completed in 2002. Recommended: retaining restrictions on licensing for motor vehicle dealers and yard managers; retaining statutory warranties for used vehicles; repealing restrictions on licensing for car market operators and salespersons; and repealing the power of the Motor Vehicle Licensing Board to set standards for premises. Review underway. Report availability Subject to Ministerial approval Comments on reform Legislation that includes review findings has completed its passage through the Legislative Assembly. The Bill is listed for inclusion in the Government’s legislative agenda for this year it is therefore expected that the Bill will have completed its passage through Parliament by 30/6/02. Motor Vehicle Drivers Instructors Act 1963 PI Murdoch University Act 1973 ES Review by officials completed in 1998, Subject to recommending that investment Ministerial provisions be consistent between approval universities. Government endorsed review recommendations. National review completed in July 1998. Not for review. Amendments being proposed via the Acts Amendment and Repeal (Competition Policy) Bill. Mutual Recognition (Western Australia) Act 1995 North West Gas Development (Woodside) Agreement Act 1979 P&C MPR Publicly available No report Act repealed and replaced by the North West Gas Development (Woodside) Agreement Amendment Act 1994. 57 Name of legislation North West Gas Development (Woodside) Agreement Amendment Act 1994 Northern Developments (Ord River) Pty Ltd Agreement Act 1960 Agency Major restrictions MPR Differential treatment. Comments on review Review completed in 1998. Report availability Subject to Ministerial approval No report Comments on reform Act retained without reform in view of sovereign risk implications of unilateral amendment or repeal. Being repealed in the Statutes (Repeals and Minor Amendments) Omnibus Bill. Introduced to Parliament on 28 June 2001. Referred to the Legislative Standing Committee on 1 August 2001 Being repealed in the Statutes (Repeals and Minor Amendments) Omnibus Bill. Introduced to Parliament on 28 June 2001. Referred to the Legislative Standing Committee on 1 August 2001. Being repealed in the Statutes (Repeals and Minor Amendments) Omnibus Bill. Introduced to Parliament on 28 June 2001. Referred to the Legislative Standing Committee on 1 August 2001. LA Differential treatment. No review undertaken. Northern Developments Pty Ltd Agreement Act 1957 LA Differential treatment. No review undertaken No report Northern Developments Pty Ltd Agreement Act 1969 LA Differential treatment. No review undertaken No report Nurses Act 1992 H Occupational Therapists Registration Act 1980 H Offensive Trades (Fees) Regulations 1976 H Entry, registration, title, practice, New health practitioner legislation is discipline. being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Entry, registration, title, practice, New health practitioner legislation is discipline. being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Licensing. Review underway. Key Directions report available Key Directions report available 58 Name of legislation Optical Dispensers Act 1966 Optometrists Act 1940 Agency Major restrictions H H Licensing. Comments on review Cabinet approved repeal. Report availability Key Directions report available Subject to Ministerial approval Comments on reform To be repealed Ord Irrigation District By-laws WRC Entry, registration, title, practice, New health practitioner legislation is discipline, advertising. being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Market power to Water Review by Water and Rivers Corporation. Differential rights to Commission completed in January irrigators within the area. 2000. Review proposed no action as the minor restrictions are justified on public welfare grounds to maintain security of supply and safeguard infrastructure. The Government endorsed the recommendations of the review on 14 August 2000. Review completed in 1997. Under review in context of new Health Practitioners Legislation. Amendments to By-laws proposed to reflect devolved ownership and control of the scheme. Osteopaths Act 1997 H Entry, registration, title, discipline. 59 Name of legislation Painters Registration Act 1961 Agency Major restrictions CEP Report availability Licensing and registration (for Review completed in 1998, concluding Subject to persons carrying on a painting that the current system of mandatory Ministerial business in their own right and licensing is too restrictive and should approval not as employees and for be removed. The review painting valued greater than recommended a certification scheme $200), entry requirements be developed to allow consumers to (degree/apprenticeship/ readily identify painters who possess experience and exams, age, good particular skills. It also recommended character), the reservation of title negative licensing to support a and practice, disciplinary certification system, allowing for the processes, business licensing. removal from the industry of persons who do not adhere to basic standards of commercial conduct. These changes will reduce business costs but will still enable some control of the industry and certainty for consumers. Government endorsed the review recommendations. The Agencies (PathCentre) Notice Review of Agencies (PathCentre) 1995 does not contain provisions Notice 1995 completed and endorsed restricting competition. by Government. The PathCentre Directions 1995 Review of PathCentre Directions 1995 restricts Sir Charles Gairdner underway. Hospital Board from conducting a pathology service. Comments on review Comments on reform Original review completed but overtaken by the Gunning Inquiry. The Gunning Committee of Inquiry was commissioned on 3 April 2000 to conduct a Special Inquiry under the Public Sector Management Act 1994 into the operations of the Boards and Committees in the Fair Trading portfolio. A wider review of the industry has been conducted and is shortly to be presented to the Minister. Pathology Centre Notice and Directions 1995 H 60 Name of legislation Agency Major restrictions Licensing (pawnbrokers, secondhand dealers for not exempt goods), registration, entry requirements (good character, fit and proper person - that is, adequate management, supervision and control of business operations, and no conviction of dishonesty, fraud, or stealing offence in past five years), the reservation of practice, disciplinary processes, business conduct (pawnbrokers: prescribed records, computer records, notification of pawner of surplus of proceeds of sale; second-hand dealers: prescribed records, holding of goods for prescribed period, requirement that seller provide identification, cooperation with police). Comments on review Review by WA Police Service completed in 1999. Consultation involved when developing legislation. No public consultation during review. Review recommended: retaining the current licensing provisions on the understanding that they may be modified following future review; conducting a further review after the current legislation had been in operation for an additional three years; and examining alternative approaches, including those likely to be introduced in other States. Government endorsed the review recommendations. Pawnbrokers and Second-hand P Dealers Act 1994 and Regulations Report availability Subject to Ministerial approval Comments on reform No change. 61 Name of legislation Agency Major restrictions Licensing of pearling and hatcheries. Minimum quota holding for pearling licences. Hatchery licensees must also hold pearling licence. Wildstock quota. Hatchery quota. Hatchery sales to other than Australian industry prohibited. Comments on review Review completed in 1998. It recommended: Pearling Act 1990 and Regulations F Report availability Publicly available Comments on reform The agency is preparing drafting instructions for a Pearling Bill which will include a range of measures in addition to NCP issues.       removing minimum quota holdings; decoupling pearl farming licences from pearl fishing licences; auctioning wildstock quotas; removing hatchery quotas; codifying in regulation criteria for fishery management decisions; and establishing an independent review tribunal. Perth Market Act 1926 and Regulations A Licensing, differential treatment. The Government accepted the review’s recommendations except for the recommendation to remove the quota for pearl oyster hatchery limits and the recommendation that increases in total allowable catch be auctioned rather than allocated directly to bidders. Review completed in 2002. Consultation involved public advertisement and calling for submissions in June 2000. In May 2002 the Government endorsed the review recommendations to remove the wholesale market monopoly and remove restrictive trading conditions. Subject to Ministerial approval Department of Agriculture is developing drafting instructions for the amendments. 62 Name of legislation Perth Parking Management Bill 1998 Agency Major restrictions PI Licensing, differential treatment. Comments on review Reviewed as new legislation. New Act removes discriminatory treatment of Council and private parking providers, licenses and limits parking places in Perth Central Business District. Public benefits are reduced Central Business District congestion and improved air quality. Government approved on 18 May 1998. Review completed in 2002. Interagency consultation. In May 2002 the Government endorsed the review recommendation that the State tax and stamp duty exemptions provided to the Perth Theatre Trust are in the public interest and should be retained. The exemption from rates and taxes is considered to have a minimal impact on restricting competition. For many of the performing art forms, which the Trust venues host, there is no competition between venues because of the technical requirements of the performance space. National review completed in 1999/2000. Endorsed by ANZMEC Ministers. Report availability Subject to Ministerial approval Comments on reform Assented to on 19 May 1999. Perth Theatre Trust Act 1979 PTT Competitive neutrality. Subject to Ministerial approval No change. Petroleum (Submerged Lands) Act 1982 and Regulations MPR Petroleum Act 1967 MPR Regulates exploration for and development of undersea petroleum resources. This legislation forms part of a national scheme. Regulates onshore exploration for Reviewed at divisional level. To be and development of petroleum considered after outcome of the reserves. Petroleum (Submerged Lands) Act 1982 is finalised. Amendments to be developed by Commonwealth and subsequently reflected in State and Territory legislation. Subject to Ministerial approval 63 Name of legislation Agency Major restrictions Regulates construction and operation of petroleum pipelines in WA. Regulates the petroleum industry and fuel prices in particular. Comments on review Review completed in 2001. Recommended one amendment with respect to issuing pipeline licenses. Review completed in 2002. In May 2002 the Government endorsed the review recommendation to retain all restrictions on competition. The review found that regulation of the petroleum is necessary to protect consumers, encourage stability in pricing and provide for the transparency of pricing. Review underway. Petroleum Pipelines Act 1969 and MPR Regulations Petroleum Products Pricing CEP Amendment Act 2000 and Petroleum Legislation Amendment Act 2001 Report availability Subject to Ministerial approval Subject to Ministerial approval Comments on reform Review recommendation to be implemented via legislative amendment. No change. Petroleum Products Subsidy Act 1965 and Regulations Pharmacy Act 1964 MPR H Market power. Entry, registration, title, practice, National Review of Pharmacy Publicly discipline, advertising, business, Regulation (Wilkinson Review) available ownership, licensing, residence. completed in February 2000. The review recommended retaining registration, the protection of title, practice restrictions and disciplinary systems (although with minor changes to the registration systems recommended for individual jurisdictions). Further, the review recommended maintaining existing ownership restrictions, and removing business licensing restrictions. CoAG referred the Wilkinson Review to a senior officials' working party. CoAG is considering the senior officials’ recommendations. 64 Name of legislation Physiotherapists Act 1950 Agency Major restrictions H Comments on review Pig Industry Compensation Act 1942 A Entry, registration, title, practice, New health practitioner legislation is discipline. being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Ministerial discretion over Review completed by Agriculture WA Subject to allocation of funds raised officials in 1997. It recommended: Ministerial compulsorily for scientific approval research. Minister may levy  changes to ensure that funds from growers to fund services to the compulsory levies are used only pig industry including for services of a public good compensation and disease control nature; and programs.  retaining the power of the Minister to levy growers. Review underway. Controls land use via town planning schemes. Review underway. Legislation (Town Planning and Development Act 1928, Western Australian Planning Commission Act 1985, Metropolitan Region Town Planning Scheme Act 1959) consolidated into Urban and Regional Planning Bill. A review of the Bill has been drafted for consideration by the Minister for Planning. Review completed in 1997. It recommended amending the Act to ensure that levies fund only services that are of a sufficiently public good nature and that have been assessed as in accordance with a benefit-cost methodology. New health practitioner legislation is being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Report availability Key Directions report available Comments on reform Act to be repealed. Piggeries Regulations 1952 Planning legislation: Town Planning and Development Act 1928, Western Australian Planning Commission Act 1985, Metropolitan Region Town Planning Scheme Act 1959 H PI Plant Pests and Diseases (Eradication Funds) Act 1974 [previously the Skeleton Weed and Resistant Grain Insects (Eradication Funds) Act 1974] Podiatrists Registration Act 1984 A Power of Minister to impose levies and Ministerial discretion over application of funds. Subject to Ministerial approval Proposal to implement review recommendations via legislation amendment is being considered by Government. H Entry, registration, title, practice, discipline. Key Directions report available 65 Name of legislation Poisons Act 1964 Agency Major restrictions H Licensing. Comments on review Part of Galbally Review. Draft review report completed 11 September 2000. Final review report given to the Australian Health Ministers Conference in early 2001. Final review report under consideration by the Australian Health Ministers Advisory Council. Report availability Comments on reform Police Force Canteen Regulations 1988 P The Regulations enable a Canteen to sell liquor under terms and conditions that are not subject to the requirements of the Liquor Licensing Act 1988, and therefore discriminate in favour of the Canteen over competing businesses in the private sector. Review completed in 1998. Review Subject to concluded the effect of the restriction Ministerial is to enable the Canteen more approval flexibility in its operations than would be afforded to a private sector operator. Recommended that as the restrictions have a minimal impact and cannot be justified in the public interest, and thus the report concluded that the advantages should be removed. As there is no canteen operating at the moment, the report recommends that the removal of the restriction be addressed following the review of the Liquor Licensing Act. If a canteen is established before the review is completed, the review recommends that the canteen voluntarily comply with the Act. The Government endorsed the recommendations of the review. Minor amendments are necessary. Regulations were repealed on 3 July 2001. 66 Name of legislation Port Authorities Act 1998 Agency Major restrictions PI Imposes accountability and ownership requirements, together with safety and public interest controls. Restrictions include exemptions from planning and building requirements; public sector management provisions; accountability provisions; requirements for Ministerial approval; consultation and borrowing limits provisions; pilotage provisions; licensing provisions. Restrictions on market entry and conduct. Competitive neutrality. Comments on review Review completed in 1997. Review concluded that the objectives of the legislation could not be achieved by means other than through the licensing restrictions. Act repeals individual port Acts. Report availability No report Comments on reform New Act following review of ports instruments assented to on 29 June 1999. Port Hedland Port Authority Act 1970 and Regulations Port Kennedy Development Agreement Act 1992 PI PI No review undertaken Review recommended no change. No report Subject to Ministerial approval No report No report Act repealed. Replaced by generic Port Authorities Act 1998. No change. Ports (Model Pilotage) Regulations PI 1994 Ports Functions Act 1993 PI Potato Growing Industry Trust Fund Act 1947 A Review approved by Government in August 2000. Restrictions on market entry and No review undertaken. conduct. Restrictions on market conduct. No review undertaken Power to raise a compulsory levy on the sale of potatoes for the purposes of disease control and providing compensation to growers in the event of a disease outbreak. Review by officials completed. It Subject to recommended retaining the Ministerial restriction. Government approved the approval review’s recommendations. Act repealed. Replaced by generic Port Authorities Act 1998. Act repealed. Replaced by generic Port Authorities Act 1998. No change. 67 Name of legislation Agency Major restrictions Poultry Industry (Trust Fund) Act A 1948 Poultry Processing Establishments H Regulations 1973 Preston Valley Irrigation District By-laws WRC Report availability Power of the Poultry Industry Review by officials completed in 1997. Subject to Trust Fund Committee to impose It recommended: Ministerial levies. approval  amending the legislation to ensure Financial assistance from the that levies fund only services that Trust Fund to the Poultry Farmers are of a sufficiently public good Association. nature and that have been subject to a benefit cost analysis;  replacing the compulsory levy to fund the Poultry Farmers Association with a voluntary levy; and  retaining the levy raising power. Repealed by Regulation 28 of the Health (Meat Hygiene) Regulations 2001 Differential treatment. Review by Water and Rivers Subject to Commission completed in January Ministerial 2000. Review proposed retaining the approval restrictions on competition found to be in the public interest and to amend the by-laws to reflect current management practices since they do not reflect the responsibilities of the Water Corporation and the grower cooperatives since the devolution of irrigation management. The Government endorsed the recommendations of the review on 14 August 2000. Comments on review Comments on reform Act will be repealed when a poultry producers committee is formed under the Agriculture Produce Commission Act 1988. Repealed. Water Corp is drafting amendments in consultation with Water and Rivers Commission. 68 Name of legislation Professional Standards Act 1997 Agency Major restrictions J Provides for limiting liability for persons who are members of prescribed associations. Comments on review Department review completed in 1998. No public consultation. Review recommended retaining restriction on competition. Government endorsed review recommendations in July 1999. New health practitioner legislation is being drafted in accord with NCP principles following Key Directions paper, which was released in June 2001. Report availability Subject to Ministerial approval Comments on reform No change. Psychologists Registration Act 1976 H Entry, registration, title, practice, discipline. Key Directions report available 69 Name of legislation Public Works Act 1902 Agency Major restrictions HW Queen Elizabeth II Medical Centre (Delegated Site) By-laws 1986 H Report availability Four restrictions all of which are Review completed. The review Subject to related to competitive neutrality: classified restrictions as minor, as Ministerial their economic effects are insignificant approval and they are used to facilitate public  financial provisions and works, the wider public benefit of powers which potentially allow the Western Australian which have already been assessed. The costs and loss of flexibility Building Management Authority to access avenues associated with more stringent definition of the projects to which the of credit unavailable to provisions may apply were found to private firms in competing outweigh the minimal benefit that commercial activities; might accrue. The extension of  powers of entry on to land relevant powers to the private sector, for the purposes of public works which may lead to cost in certain cases, was considered. However, given the negligible current savings deriving from not involvement of the private sector in having to secure rights of providing public infrastructure in WA, access from landowners such reform is not considered such savings are not justified. Recommended retaining the available to private firms; restrictions.  powers to close roads or streets which may reduce the Government endorsed the cost of works through not having to provide for access recommendations of the review. or protect the safety of road users in the vicinity of works - a right not available to private firms; and  exemptions from local building regulations (except public health regulations) which may provide cost advantages over firms which have to comply with local regulations. No restrictions identified. Review completed and endorsed by Subject to Government. Ministerial approval Comments on review Comments on reform No change. No change. 70 Name of legislation Racing Restrictions Act 1917 Agency Major restrictions RGL Licensing, differential treatment. Comments on review Review completed in 1998. Recommended limiting the authority of the WA Turf Club to thoroughbred racing and providing for licensing of other forms of horse racing where in the public interest. It recommended retaining the centralised control of horse racing and trotting with the industry bodies. Government endorsed the findings of the review. Review completed in 1999. Review recommended repeal of the Act. Endorsed by Government. Report availability Publicly available Comments on reform To be amended via the Acts Amendment Repeal (Competition Policy) Bill 2002. Racing Restrictions Act 1927 RGL Radiation Safety Act 1975 Radiation Safety (General) Regulations 1983-1999 Radiation Safety (Transport of Radioactive Substances) Regulations 1980-1999 Radiation Safety (Qualifications) Regulations 1980-1999 H Prevents the use of 'mechanical devices' in races for other than horses. It aimed to prevent the introduction of greyhound racing. Licensing. National review has been completed and the national implementation plan is currently being developed. Publicly available Publicly available Act to be repealed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. 71 Name of legislation Rates and Charges (Rebates and Deferments) Act 1992 Agency Major restrictions TF The restrictions identified refer to the differential treatment afforded pensioners and other eligible persons with respect to certain amounts payable by way of rates and charges. The legislation, in effect, discriminates in favour of pensioners and other eligible persons. Comments on review Review completed in 1998. It concluded that the effects of the restrictions on competition are minimal. Only a very small group of eligible persons could potentially obtain a competitive advantage from the differential treatment received, and where such advantage occurred it would be minor. On the other hand, the removal of pensioner rebates and deferments in respect of rates and charges would have a significant impact on the standard of living of pensioners and other eligible persons. An alternative to the way in which the State Revenue Department administered rebates and deferments to eligible persons was considered. However, it was concluded that this alternative would result in greater administrative cost than the present scheme and therefore would not be in the public interest. Recommended that all of the restrictive elements of the legislation should be retained on public interest grounds. Government endorsed the recommendations of the review. Report availability Subject to Ministerial approval Comments on reform No change. 72 Name of legislation Real Estate and Business Agents Act 1978 and Regulations Agency Major restrictions CEP Comments on review Report availability Comments on reform Maximum fees removed in 1998. Regional Development Commissions Act 1993 LGRD Retail Trading Hours Act 1987 and CEP Regulations Licensing (agent's licence, sales Department review underway. representative's certificate), Discussion paper released in April registration, entry requirements 1999. Draft report being finalised. (aged over 18 years, good character, fit and proper person (including having done prescribed courses, understands duties and obligations under Act), for agent, sufficient material and financial resources), the reservation of practice, disciplinary processes, business conduct (branch office/s require separate manager/s, supervision and control, records, trust accounts, audit, code of conduct, advertising, fidelity fund), business licensing. Review underway. Submissions to be sought from Commissions and local government. Monday to Saturday trading An Industry Reference Group report hours regulated. Sunday trading was completed in 1999. The Reference hours limited and prohibited Group's charter was to seek public outside tourism zones. No submissions and to make restrictions above the 26th recommendations to the Minister. parallel. Following the Minister's consideration of the IRG report, the Department of Consumer and Employment Protection is now finalising the NCP report on the Retail Trading Hours Act 1987. 73 Name of legislation Retirement Villages Act 1992, Regulations and Code of Practice Agency Major restrictions CEP Restrictions on the use of retirement village land; compliance with the Code of Fair Practice for Retirement Villages; and marketing and price determination rights Comments on review Review completed in 2002. The Retirement Villages Reference Group produced a discussion paper and responses were obtained from retirement village residents and associations. In May 2002 the Government endorsed the review’s recommendations to amend the following: Report availability Subject to Ministerial approval Comments on reform CEP developing drafting instructions for the necessary amendments.    restrictions on the use of retirement village land: by making the process for the termination of a village scheme and the removal of a memorial from the whole or a part of the village land simpler and more cost effective; the Code of Fair Practice for Retirement Villages: by incorporating the existing Code and Act into a single Act; and restrictions associated with the marketing and price determination rights of residents: by providing residents with the right to be involved in the marketing of a unit, to receive monthly marketing reports and to have some price determination rights. 74 Name of legislation Rights in Water and Irrigation (Construction and Alteration of Wells) Regulations 1963 Agency Major restrictions WRC Comments on review Rights in Water and Irrigation Act WRC 1914 and Regulations Licensing restrictions. The Waters Review by Water and Rivers and Rivers Commission is given Commission completed in January sole rights to fit, repair and test 2000. water meters. The Government endorsed the recommendations of the review on 14 August 2000. Licensing of rights to take water. Review by Water and Rivers Subject to Monopoly powers of Water Commission completed. Ministerial Corporation. approval Government endorsed the review recommendation on 20 December 1999. Report availability Subject to Ministerial approval Comments on reform Changes to the regulations are being progressed to remove the Water and Rivers Commission's exclusive right to the fitting, repair and testing of water meters. Drafting instructions to include the recommended amendments in the proposed Acts Amendment (Competition Policy) Bill 2002 have been forwarded to Parliamentary Counsel. 75 Name of legislation Rottnest Island Authority Act 1987 Agency Major restrictions RIA Rural Adjustment and Finance Corporation Act 1993 A Report availability Review completed in 1998. The review Subject to  The membership of the found that generally the restrictions Ministerial Authority; on competition are necessary to approval  Access to facilities on the achieve the objectives of the island is limited;  The Authority has the power legislation. The objectives of the to grant leases and licences legislation are expressly to preserve the character of the island, to protect on the island; the environment and to ensure that  The Authority is prohibited Rottnest is accessible as an affordable from selling any land on holiday destination. The review Rottnest; recommended retaining the  The Authority is prevented restrictions on public benefit grounds from allowing anyone to with the exception of the restriction remove any flora, fauna, prescribing the knowledge and rock, stone or soil from the experience necessary for appointment island for any commercial as a member of the authority which is purposes; to be removed. The continued need  Limitation on development for a Management Plan for Rottnest and provision of should be considered in the context of accommodation; any Government wide review of the  Requirement for a use of Management Plans in the management plan; management of A-class reserves and  Enforcement Powers of the restriction on competition relating Rangers;  Requirement for revenue to to access to facilities and the requirement for revenue to at least at least equal expenditure and application of net profits; equal expenditure and application of  Building work to be approved net profits are to be considered in the Authority's competitive neutrality by the Authority; and review.  Control of certain activities on Rottnest. Government has decided to retain all of the restrictions, including the restriction to appoint board members with prescribed knowledge and experience. Differential treatment. Not for review. No report Comments on review Comments on reform No change. Repealed and replaced by the Rural Business Development Corporation Act 2000. 76 Name of legislation Rural Housing Bill Agency Major restrictions CHA Differential treatment of the Authority compared with similar private sector institutions (Sections 5,11,16,17); and differential treatment of customers based on location, occupation or type of business (Sections 18-26). Comments on review Report availability Review completed in 1998. It Subject to classified the restrictions as minor and Ministerial in the public interest. approval Comments on reform Changed name to Country Housing Act 1997. No change. Sandalwood Act 1929 and Regulations FPC Secret Harbour Management Trust Act 1984 Securities Agents Act 1976 and Regulations Security and Related Activities (Control) Act 1996 PI J P Caps the quantity of naturally occurring sandalwood harvested from Crown and private land. Licensing the harvesting of sandalwood. Individual licences capped at 10 per cent of the total limit. Competitive neutrality. Licensing. Licensing (security and inquiry activities), registration, entry requirements (training, character, possible medical exam for security officers), the reservation of practice, business conduct (operating restrictions, no advertise unless licensed), business licensing. Review completed. It recommended retaining the overall cap on the quantity sandalwood harvested while removing the restriction on the proportion of the annual sandalwood harvest that may be taken from private land. Subject to Ministerial approval Amendments being progressed via Act Amendment and Repeal (Competition Policy) Bill. No report No report Review by WA Police Service completed. Review involved no consultation. The review concluded the security and related industries need statutory control to ensure high standards and to instil public confidence, especially in the area of crowd control. The review concluded that the legislation is effective and provides the necessary controls to maintain and improve the industry. Government endorsed review recommendation in 2000. Subject to Ministerial approval Repeal pending. Act repealed and replaced by Security and Related Activities (Control) Act 1996. No change. 77 Name of legislation Seeds Act 1981 and Regulations Agency Major restrictions A Comments on review Review completed. Report availability Subject to Ministerial approval Comments on reform Act to be repealed by the Agriculture Management Bill which is currently being drafted. 78 Name of legislation Agency Major restrictions Licensing, entry requirements (qualifications, two years experience, age, good character, fit and proper person, material and financial resources, resident in WA), the reservation of practice, business conduct (supervision, trust accounts, maximum fees, professional indemnity insurance, fidelity fund), business licensing. Comments on review Department review was completed in May 2002. A discussion paper was sent to industry participants and the Consumer Association of WA. Consultation was conducted through a reference group comprising industry, the Settlement Agents Board and consumer representatives. In May 2002 the Government endorsed the review’s recommendations that the following restrictions on competition be amended: Settlements Agents Act 1981 and CEP Regulations Report availability Subject to Ministerial approval Comments on reform DCEP developing drafting instructions for the amendments.      the requirement for agents to have sufficient material and financial resources; the requirement for natural persons to be ordinarily resident in the State; the existing supervision requirements in the Act and Code of Conduct be replaced with provisions which are more objective and relevant to the nature of the market today; that regulation of maximum fees an agent can charge for service rendered be removed by the repeal of the Settlement Agents (Remuneration) Notice 2000; and the requirement for all agents to hold professional indemnity insurance be amended to give licensees the option of either arranging their own insurance at a prescribed minimum level of cover with an insurer of their choice or insuring under any master policy negotiated by the Board. 79 Name of legislation Shipping and Pilotage Act 1967 and Regulations Small Business Development Corporation Act 1983 Agency Major restrictions PI SBDC Comments on review Governs pilotage services No review undertaken. (licensing, competitive neutrality issues). Differential treatment of Review completed. Review found the businesses. effects of the restrictions on competition to have no practical importance. Differential treatment. Market power. Soil conservation notices, rates and service charges, clearing controls, and 90-day notice to clear or drain land. Licensing. Report availability No report Subject to Ministerial approval Comments on reform Act to be repealed. No change. Small Business Guarantees Act 1984 and Regulations Soil and Land Conservation Act 1945 and Regulations SBDC A Government endorsed review findings. Not for review. No report Review completed. Government endorsed the review recommendations Subject to Ministerial approval Act to be repealed. No change. South Fremantle Oil Installations Pipeline Act 1948 CMS See comments of Anglo-Persian Oil Company Limited (Private) Act 1919. Government endorsed the review recommendations Not reviewed. Review currently being considered by the Government. Subject to Ministerial approval. No report No change. State Employment and Skills Development Authority Act 1990 and Regulations State Superannuation Act 2000 DT GESB Licensing. Limits on choice of fund managers. The Government Employee Superannuation Board (GESB) is the sole fund provider which government employees must use. Differential treatment. Repealed and replaced by the Vocational Education and Training Act. State Supply Commission Act 1985 and Regulations HW Review completed. Subject to Ministerial approval Minor amendment being progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. 80 Name of legislation State Trading Concerns Act 1916 Agency Major restrictions TF The Act prohibits the Government from entering into or establishing any trading concern, except where the entity has been established under specific enabling legislation; has been established as a 'trading concern' under the Act; or is a department and has been authorised by the Treasurer under the Act to generate revenue from specified activities. Differential treatment of directors. Comments on review Review completed in 1998. It concluded that while the legislation restricts the freedom with which government agencies can enter markets for goods and services it also reduces the risk that Government will become involved in inappropriate ventures. Recommended the restriction be retained. Report availability Subject to Ministerial approval Comments on reform No change. Statutory Corporations (Liability of Directors) Act 1996 J Stipendiary Magistrates Act 1957 J The Act provides for the appointment of stipendiary magistrates with secure tenure of office and other relative purposes. The Government endorsed the recommendations of the review. Not for review. Assessment of the No report effects of the potential restriction indicated that it does not give rise to significant costs or benefits. In view of this the Act was considered to not give rise to a restriction on competition. The 1998 amendments impose similar constraints on directors of statutory corporations as apply to private corporations, and therefore does not give rise to restrictions on competition. No review undertaken. No report No change. The Act will be repealed upon the proclamation of the Magistrates’ Court Bill 2002 and Magistrates’ Court Consequential Provisions Bill 2002. Repeal pending. Review recommendations are being implemented through the Agricultural Management Bill, which is currently being drafted. Stock (Identification and Movement) Act 1970 A Branding of human food and fibre Review by officials completed. It found Subject to producing animals. some scope for easing restrictions on Ministerial Documentation when moving horse owners. approval stock. 81 Name of legislation Stock Disease (Regulations) Act 1968 Agency Major restrictions A Restricts importation of stock on grounds of disease control. Requires stockholders to control and notify of diseases. Only licensed surveyors can 'certify' a strata plan, surveystrata plan, or notice of resolution where a strata company is requesting a conversion from a strata scheme to a survey-strata scheme. Licensing. Comments on review Review by officials completed. It recommended No change. Report availability Subject to Ministerial approval Comments on reform No change. Strata Titles Act 1985 and regulations LA Review, in conjunction with review of Publicly Licensed Surveyors Act 1909, available completed in 1998. Review concluded restrictions are in the public interest and should be retained. Government endorsed review recommendation. No review undertaken. No change. Street Collections Regulation Act 1940 and Regulations CEP No report Repeal pending. To be replaced by the Public Collections Bill. 82 Name of legislation Agency Major restrictions Subiaco Redevelopment Act 1994 PI     Report availability Redevelopment control of the Review completed in 1997. The report Subject to has found that effects of the Ministerial area; restrictions on competition are approval The compulsory taking of relatively minor. The report concluded land; that the restrictive elements of the Subdivision approval from Minister rather than the State legislation need to be retained to achieve the objectives of the Act. The Planning Commission; and report also finds that there would be Treasurer's guarantee of substantial costs associated with loans. removing the restrictions, particularly at this stage of the Authority's work. There are no acceptable alternatives to achieving the objectives of the three restrictions relating to the powers of the Authority. The powers are necessary to remedy the existing environmental problems and achieve redevelopment consistent with the vision for the area. At this stage of the Authority's activities, it would not be feasible to modify the regulatory framework. The restrictions relating to the internal running of the Authority stem from the Authority's status as a government agency and therefore cannot be removed. Recommended retaining the restrictions on the grounds of public interest. Government endorsed the recommendations of the review. Comments on review Comments on reform No change. 83 Name of legislation Suitors Fund Act 1964 Agency Major restrictions J Differential treatment of large companies and Crown Agencies. Comments on review Report availability Review completed in 1997. The review Subject to noted that all litigants are required to Ministerial contribute to a fund which is used to approval defray legal costs where a court decision is reversed on a 'point of law' appeal or where the proceedings are aborted. However, companies with a paid up capital of $200 000 or more and Crown agencies are barred from access to the Fund to recover such legal costs. Recommended removing the bar on companies with paid up capital of $200,000 or more. Comments on reform A Cabinet Submission is being prepared by the Department of Justice. This submission will incorporate drafting instructions necessary to give effect to the recommendations arising from the NCP review of the Act. Swan River Trust Act 1988 and Regulations WRC Government endorsed the recommendations of the review. Licensing. Limitations on Review by Water and Rivers development activity that can be Commission completed in January undertaken in the area under the 2000. Recommended restrictions be control of the Swan River Trust; retained. and limitations on nondevelopment activity (including Government endorsed advertising) that can be recommendation on 14 August 2000. undertaken in the area under the control of the Swan River Trust. Subject to Ministerial approval No change. 84 Name of legislation Taxi Act 1994 and Regulations, and Amendment Regulations 1997 Agency Major restrictions PI Limitation on number of taxi licences. Comments on review Review completed in August 1999. Consultant’s report recommended removal of all licence number restrictions, buy-back of existing licences at full market value, and limit in new licence issues to 20 per cent per annum. Government did not agree to deregulation of supply restrictions and buy-back. The Government’s decision was based on the relatively high levels of consumer satisfaction that were identified in the survey of taxi services. Tenders called for release of a limited number of restricted (peak period and wheelchair accessible taxi) licences. Industry forum to be established to consider a feasible mechanism for licence buy-backs. Report availability Publicly available Comments on reform 85 Name of legislation Texas Company (Australasia) Limited (Private) Act 1928 Agency Major restrictions HW The Act define the relationships, rights and duties of oil companies, local government authorities and the Minister for Works in relation to the construction, operation and maintenance of pipelines on public lands. These duties and powers of the State and local governments constitute restrictions on the commercial activities of the oil companies. Comments on review Review completed in 1998. It considered the restrictions do not impose significant costs on the oil companies, or cost advantages or disadvantages on particular oil companies that are of sufficient magnitude to affect competition between the companies. The public benefits of restrictions were assessed to be: minor cost savings in management of municipal infrastructure from coordination in planning, construction and maintenance of municipal infrastructure and oil facilities; minimising public inconvenience during construction and maintenance activities on public land; and ensuring proper restoration of municipal infrastructure where this has been disturbed due to construction or maintenance activities by the oil companies. It concluded that due to the potential public benefits and the absence of significant costs or effects on competition, the restrictions arising from the legislation are either in the public interest due to current or potential future benefits, or have no current or potential future impact. The Government endorsed the recommendations of the review. Report availability Subject to Ministerial approval Comments on reform No change. 86 Name of legislation The Law Society Public Purposes Trust Act 1985 Agency Major restrictions J The Act authorizes The Law Society of Western Australia (Inc.) to receive certain moneys from banks upon the trusts declared by that Society a Deed of Trust dated 22 August 1985. Differential treatment, licensing. Comments on review See Legal Practitioners Act 1893 Report availability Comments on reform Tobacco Control Act 1990 H Review completed in 2002 In May 2002 the Government endorsed the conclusions of the review that the restrictions on competition in the Act and regulations provide a net public benefit and therefore should be retained. The review found that the restrictions serve to correct significant market failures in the tobacco market and are based on sound public interest grounds. They also apply equally to all participants and do not prevent entry into the already very competitive tobacco market Subject to Ministerial approval No change. 87 Name of legislation Totalisator Agency Board Betting Act 1960 and Rules and Regulations Agency Major restrictions RGL Restrictions on events and prescription of circumstances under which betting may occur; restrictions on persons and organisations able to conduct betting; constraints and costs imposed on bookmakers and operators of totalisators generally; constraints and costs imposed on racing clubs, authorities controlling racecourses and owners/occupiers of premises;· constraints and costs imposed on punters; constraints and costs imposed specifically on the Totalisator Agency Board; and competitive neutrality of the Totalisator Agency Board. Comments on review Report availability Review, in conjunction with the Publicly Betting Control Act 1954, completed in available 1998. Of the 42 restrictions analysed in the review, the legislative provisions pertaining to 20 restrictions were recommended for repeal or amendment including: Comments on reform Recommendations are being implemented via the Betting Legislation Amendment Bill 2001 and the Acts Amendment and Repeal (Competition Policy) Bill 2002.     relaxing restrictions on the operation of totalisators other than by the Totalisator Agency Board; relaxing restrictions on bookmakers and their operations; removing limits on bets in the regulations, leaving the racing clubs to set limits as they see fit; and relaxing some restrictions on the operations of the Totalisator Agency Board. The legislative provisions giving rise to the remaining restrictions were assessed as being in the public interest and recommended for retention. The Government endorsed the recommendations of the review. The Act places restrictions on the Being reviewed with the Urban and planning and development of land Regional Planning Bill and other for urban, suburban, and rural planning legislation purposes. Town Planning and Development Act 1928 PI 88 Name of legislation Agency Major restrictions Restrictions relate to provisions for the Minister to borrow funds and make payment of subsidies to providers of transport services. Also included are a range of provisions, powers and requirements related to the licensing of vehicles used for commercial purposes and the regulation of transport services provided by these vehicles. Comments on review Review completed. The review recommended: removal of provisions relating to the licensing of ships engaged in coastal trade; removing requirements for public vehicles (other than ships) to be licensed; and limiting licence fees to an amount sufficient to recover costs incurred in administering the relevant licence system and associated regulatory activities. Government endorsed the review recommendations in November 2000. National review underway (coordinated by WA). 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. Review underway. Consultation involved public seminar and invitation to make submission. Transport Co-ordination Act 1966 PI and Regulations Report availability Subject to Ministerial approval Comments on reform Airport movement tax being phased out over 3 years. Travel Agents Act 1985 and Regulations CEP Licensing and compulsory consumer compensation fund. Treatment of Sewerage and Disposal of Effluent and Liquid Waste Regulations H Licensing. 89 Name of legislation Trustees Companies Act 1987 Agency Major restrictions J Comments on review Competitive neutrality, licensing. Review completed in 1998. Recommended retention on limits on borrowings and loans, and lessening of barriers to entry. Report availability Subject to Ministerial approval Comments on reform Amendment deferred pending enactment of proposed national uniform trustee company laws, which are currently being reviewed by the secretariat of the Standing Committee of Attorneys General (SCAG). No change. University Colleges Act 1926 ES Competitive neutrality, market power. Review, conducted by the Office of Subject to Higher Education, completed 1998. Ministerial Concluded that the restrictions are in approval the public interest given the quality of pastoral care provided to students by university colleges. Government endorsed review findings. Review completed and endorsed by Subject to Government. Ministerial approval Review, conducted by the Office of Subject to Higher Education, completed in 1998. Ministerial Recommended that investment approval provisions be consistent between universities. Government endorsed review recommendations. Review, conducted by the Office of Subject to Higher Education, completed in 1998. Ministerial Recommended that investment approval provisions be consistent between universities. Government endorsed review recommendations. University Medical School Teaching Hospitals Act 1955 University of Notre Dame Australia Act 1989 H ES No restrictions identified. Competitive neutrality, market power. No change. Amendment to Edith Cowan University Act being progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. University of Western Australia Act 1911 ES Competitive neutrality, market power. Amendment to Edith Cowan University Act being progressed via the Acts Amendment and Repeal (Competition Policy) Bill 2002. 90 Name of legislation Valuation of Land Act 1987 Agency Major restrictions PI Valuer-General powers and activities. Comments on review Review completed in 1998. Review undertaken by intra-agency committee. Public consultation involved submissions following release of an information paper. Recommended less narrowly defined eligibility for the position of Valuer General (dropping requirement to be a member of the Australian Property Institute), removing restriction that any person making valuation for rating and taxing purposes must be licensed under Land Valuers Licensing Act, and encouraging greater flow of information for the purposes of making valuations. Government endorsed review recommendations. Review as part of the national review completed in 1999. See Agriculture and Veterinary Chemicals (Control of Use) Act 1992 (Victoria). Report availability Subject to Ministerial approval Comments on reform Recommendations are being implemented via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Veterinary Preparations and Animal Feeding Stuffs Act 1976 A Premises and products to be registered, restrictions on packaging and labelling. Minimum qualifications for analysts, advertising restrictions. Publicly available See Agriculture and Veterinary Chemicals (Control of Use) Act 1992 (Victoria). Veterinary Surgeons Act 1960 A Licensing of veterinary surgeons and hospitals, reservation of practices, reservation of title, advertising restrictions, controls on business names. Review completed and endorsed by Subject to the Government. Review Ministerial recommended a reduction in the approval extent of barriers to entry for nonveterinarians wishing to provide veterinary services; the repeal of the restrictions on advertising and ownership of veterinary practices by non-veterinarians; as well as the repeal of the restrictive aspects of the premises registration provisions. The Veterinary Surgeons Act Amendment Bill is being drafted. The Bill will incorporate the review recommendations, as well as other (non-NCP related) amendments. 91 Name of legislation Agency Major restrictions Licensing. Registers training providers and accredits training courses. Comments on review No review undertaken. Video Tape Classification and J Control Act 1987 Vocational Education and Training DT Act 1996 Report availability No report Comments on reform Repealed and replaced by the Censorship Act 1996. No change. Review, conducted by an independent Subject to consultant, completed. Concluded that Ministerial public benefits of restrictions outweigh approval costs. Recommendations endorsed by Government. Review by Water and Rivers Commission completed in January 2000. Proposal to repeal regulations. Government endorsed the review recommendations. Review by Office of Water Regulation completed in September 1999. Government endorsed the review recommendation for No change.. Review by Office of Water Regulation completed in September 1999. Government endorsed the review recommendation for No change. Water (Dixvale Area and Yanmah WRC Area) Licensing Regulations 1974 Differential treatment of a small group of irrigators. Subject to Ministerial approval Water Agencies (Charges) Bylaws WR 1987 Differential treatment of Crown lands. Subject to Ministerial approval Subject to Ministerial approval No change. Water Agencies (Entry Warrants) WR Regulations 1985 No change. 92 Name of legislation Water Agencies (Infringements) Regulations 1994 Agency Major restrictions WR Market power to Water Corporation. Comments on review Review by Office of Water Regulation completed in September 1999. Minor amendments proposed to ensure consistency of approach with competitive licensing regime and other related Acts. Report availability Subject to Ministerial approval Comments on reform This regulation will be amended once the Water Agencies (Powers) Act 1984 is amended via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Water Agencies (Powers) Act 1984 WR Market power to Water Corporation. Water Agencies Restructure (Transitional and Consequential Provisions) Act 1995 WR Water and Rivers Commission Act WRC 1995 The Act provides necessary governmental powers for effective natural resource management. Licensing. Restricts powers to supply of water and within defined areas. Government endorsed the review recommendation to modify regulation 5 (officers issuing infringements) to make it consistent with recommendations from the review of the Water Agencies (Powers) Act 1984 Review by Office of Water Regulation Subject to completed in September 1999. Ministerial approval Government endorsed the review recommendations. Review by Office of Water Regulation Subject to completed in August 2000. No Ministerial restrictions on competition could be approval identified in the Act. Review by Water and Rivers Subject to Commission completed in January Ministerial 2000. No change.s recommended. approval Review approved by Government in August 2000. Review by Office of Water Regulation Subject to completed in May 1999. Amendment Ministerial to Act proposed to allow agencies to approval provide full suite of water services and freedom to compete for licences on equal terms with Water Corporation. Revised By-laws will meet gatekeeper requirements. Recommendations are being implemented via the Acts Amendment and Repeal (Competition Policy) Bill 2002. No change. No change. Water Boards Act 1904 and Bylaws WR ‘Umbrella’ legislation is being developed that would not only incorporate the agreed NCP reforms but also the Government’s desired corporate governance arrangements. 93 Name of legislation Water Corporation Act 1995 Water Services Coordination Act 1995 - part 1 of 2 Water Services Coordination Act 1995 - part 2 of 2: Water Services Coordination (Plumbers Licensing) Regulations 2000 Agency Major restrictions WR WR Comments on review Review by Office of Water Regulation completed in May 1999. Complex licensing regime inhibits Review by Office of Water Regulation competitive outcomes. completed in July 1999. Plumbers - licensing, registration, entry requirements (competency or six years experience and qualification, fit and proper, reservation of practice (either licensed or under supervision of licensed), disciplinary processes. Report availability Subject to Ministerial approval Subject to Ministerial approval Comments on reform No change. Recommendations are being implemented via the Acts Amendment and Repeal (Competition Policy) Bill 2002. No change. WR Review of Water Services Coordination Subject to Amendment Act 1999 completed. Ministerial Review recommended retaining approval restrictions to prevent unlicensed persons performing plumbing work and maintain the power of the Board to set licence conditions. Government endorsed review recommendation. Review by Office of Water Regulation completed in May 1998. Review by Water and Rivers Commission completed in January 2000. Review recommended No change.s given minor nature of Act. Major further review proposed to achieve rationalisation of functions and operation between this Act and EPA Act. The Government endorsed the recommendations of the review on 20 December 1999. Water Supply, Sewerage and Drainage Act 1912 WR Waterways Conservation Act 1976 WRC and Regulations Few restrictions in remaining sections related to ownership of assets. Licensing system for disposal of waste in waterways. Subject to Ministerial approval Subject to Ministerial approval No change. No change. 94 Name of legislation Weights and Measures Act 1915 and Regulations Agency Major restrictions CEP Comments on review Report availability Comments on reform Western Australian Greyhound Racing Authority Act 1981 RGL Differential treatment. This Act has not been reviewed. The Ministry of Fair Trading is planning to introduce new legislation that will replicate the uniform legislation operating in other jurisdictions and thereby contribute to national consistency. A preliminary NCP assessment was completed on an earlier draft of the new Bill but will need to be revisited once a final Bill has been prepared. Review completed. Review Publicly recommended removal from the WA available Greyhound Racing Authority Act 1981 of the arbitrary limit on the number of meetings the WA Greyhound Racing Association may conduct. It also recommended that the provisions contained in the Act which establish centralised control of greyhound racing are in the public interest and should be retained. However, the establishment of an independent regulator should be considered if it is demonstrated that the Authority has improperly used its power to favour its racing activities. Government endorsed the findings of the review. Review recommendations are being implemented in the Acts Amendment and Repeal (Competition Policy) Bill 2002. 95 Name of legislation Agency Major restrictions The WA Land Authority's exemption from rates and taxes. The Authority's power to compulsorily acquire land. The requirement to seek preapproval from the Minister on contracts. Restrictions on the Authority's retail activities in the higher end of the residential land market. Comments on review Review completed in 1997. Recommended: Western Australian Land Authority WALA Act 1992 Report availability Subject to Ministerial approval Comments on reform The amendment Bill was passed on 6 July 2000.     the Authority be subject to a tax equivalent regime and pay to the Treasurer an amount equivalent to all rates and taxes imposed on private land developers that the Authority is currently not obliged to pay; removing the section of the Act allowing the Authority's power to compulsorily acquire land; amending that legislation to allow contracts to be agreed subject to Ministerial approval; and exempting surplus public sector land assets and urban renewal projects from the restrictions on the Authority's retail activities in the higher end of the residential land market. Western Australian Marine (Hire PI and Drive Vessels) Regulations 1983 Western Australian Marine Act PI 1982 Western Australian Meat Industry A Authority Act 1976 Licensing. Licensing. Controls on abattoir capacity, controls on branding, and regulations of saleyards, abattoirs and processing works. The Government endorsed the recommendations of the review. No review undertaken. No review undertaken. No report No report Repeal pending enactment of Maritime Bill. Repeal pending enactment of Maritime Bill. Review recommendations are being implemented via the Acts Amendment and Repeal (Competition Policy) Bill 2002. Review by officials completed in 1998. Subject to It recommended: removing controls Ministerial on abattoir capacity and regulation of approval saleyards; retaining controls on branding; and retaining regulation of abattoirs and processing works. 96 Name of legislation Western Australian Planning Commission Act 1985 Western Australian Product Symbols Act Agency Major restrictions PI The Act places restricitions on urban, rural and regional land use and development. The symbols are able to be used by eligible businesses free of charge and may present a slight advantage to WA businesses and products in home markets. Comments on review Being reviewed with the Urban and Regional Planning Bill and other legislation. Report availability Comments on reform IT Review completed. The review found Subject to that the symbols do not comprise a Ministerial significant restriction in their own approval right, but due to their widespread success and recognition, they now influence consumer behaviour in WA. Their use may therefore confer a competitive advantage on qualifying businesses and products, which could potentially lead to an ability to charge marginally higher prices or obtain a higher market share. Alternatively, when viewed as a labelling mechanism, the symbols may do no more than provide consumers with the necessary information to purchase local products or support local business according to their inclination. The review noted some important spin-off benefits from the symbols in growing the WA economy and noted their popularity among consumers. The review concluded that, on the balance of probabilities, the benefits of the current model outweigh its minor costs and that the Act should be retained. Government endorsed the recommendations of the review. No change. 97 Name of legislation Western Australian Reproductive Technology Council (Nominating Bodies) Regulations 1992 and Directions Western Australian Treasury Corporation (Amendment) Bill 1997 Agency Major restrictions H Comments on review Replacement legislation to be developed. Report availability Comments on reform TF The Act provides an exemption to the Corporation from State duties, imposts or taxes. The amendment Bill weakened this restriction by removing the Corporation's outright exemption, but allows the Treasury to grant an exemption where it is considered to be in the public interest. Review completed. Review found that Subject to the potential effects of the Treasurer Ministerial using his discretion to exempt the approval Corporation from certain taxes, duties or imposts were minor. The Treasurer is only likely to grant an exemption if the securities issued by the Corporation are at an unfair competitive disadvantage to securities issued by the Commonwealth and other government borrowers. Recommended retaining the restriction. No change. Western Australian Treasury Corporation Act 1986 TF Government endorsed the recommendations of the review. The Act provides an exemption to Review completed in 1997. The review Subject to the Corporation from State found that the potential effects of the Ministerial duties, imposts or taxes. The Treasurer using his discretion to approval amendment Bill weakened this exempt the Corporation from certain restriction by removing the taxes, duties or imposts were minor. Corporation's outright exemption, The Treasurer is only likely to grant an but allows the Treasury to grant exemption if the securities issued by an exemption where it is the Corporation are at an unfair considered to be in the public competitive disadvantage to securities interest. issued by the Commonwealth and other government borrowers. Recommended retaining the restriction. Government endorsed the recommendations of the review. No change. 98 Name of legislation Wheat Marketing Act 1989 Wild Cattle Nuisance Act 1871 Wildlife Conservation Act 1950 Workers' Compensation and Rehabilitation Act 1981 Agency Major restrictions A A CALM WCRC Comments on review Imports Commonwealth Act into No review undertaken. State jurisdiction. Regulates the destruction of wild Review by officials completed. It cattle. recommended repealing the Act as it is redundant. Licensing, restricts trade in Review currently being undertaken by wildlife independent consultants. Mandatory insurance, licensed Public advertisement of review and insurers, centralised premium call for submissions was made 20 setting. December 2000. Review report completed early 2002. Review endorsed by the Government. Report availability No report Subject to Ministerial approval Comments on reform Act being repealed. Agriculture developing drafting instructions. Act being Repealed via the Statutes and Minor Repeal Bill 2001 currently before Parliament. Subject to Ministerial approval WorkCover is progressing minor legislative change. 99