6 Western Australia - ncp.ncc.gov.auncp.ncc.gov.au/docs/LECo-008.pdf · 6 Western Australia Page 209 Name of legislation Agency Major restrictions Review activity Reform activity

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6 Western Australia

Agency abbreviations

The following abbreviations are used in the ‘Agency’ column of the WesternAustralian legislation review timetable.

Ag Department of Agriculture

BAG The Board of the Art Gallery of Western Australia

CALM Department of Conservation and Land Management

CHA Country Housing Authority

CISB Coal Industry Superannuation Board

DCEP Department of Consumer and Employment Protection

DEP Department of Environmental Protection

DES Department of Education Services

DH Department of Health

DIT Department of Industry and Technology

DMPR Department of Mineral and Petroleum Resources

DT Department of Training

EPRA East Perth Redevelopment Authority

FESA Fire and Emergency Services Authority

Fish Department of Fisheries

GESB Government Employee Superannuation Board

HW Department of Housing and Works

IA Department of Indigenous Affairs

Legislation Review Compendium

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IC Insurance Commission of Western Australia

J Department of Justice

LA Department of Land Administration

LG Department of Local Government and RegionalDevelopment

OE Office of Energy

OWR Office of Water Regulation

P&C Department of Premier and Cabinet

PI Department of Planning and Infrastructure

Po Western Australian Police Service

PTT Perth Theatre Trust

RGL Office of Racing, Gaming and Liquor

RIA Rottnest Island Authority

SBDC Small Business Development Corporation

SR Department of Sport and Recreation

TF Department of Treasury and Finance

WAGRC Western Australian Government Railways Commission

WALA Western Australian Land Authority

WCRC Workers’ Compensation and Rehabilitation Commission

WRC Water and Rivers Commission

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Legislation review schedule: Western Australia

Updated to September 2001

Name of legislation Agency Major restrictions Review activity Reform activity

Aboriginal Affairs PlanningAuthority Act 1972 andRegulations

IA Access to Aboriginal lands isrestricted. Provision of finance forAboriginal enterprises whichenables finance to be provided toAboriginal enterprises throughthe Aboriginal Trading fund,which may have competitiveadvantages over private sectorlenders.

Review completed in 1997. Concluded thatboth restrictions protect the residents ofAboriginal Lands and enable support forAboriginal enterprises that could reducereliance on welfare and other transferpayments. The costs are estimated to beminimal, but achieve significant publicbenefits. Recommended retaining therestrictions.

The Government endorsed the reviewrecommendations. Act retained withoutreform.

Aboriginal Communities Act1979 and By-laws

IA Section 7(1) empowers acommunity to which the Actapplies to make by-laws relatingto the community lands of thatcommunity for or with respect to:

• the prohibition or regulation ofthe admission of persons,vehicles and animals to thecommunity lands or a part ofthe community lands; and

• the prohibition, restriction orregulation of the possession,use or supply of alcoholicliquor or deleterioussubstances.

Review completed in 1997. Concluded thateffects on the general economy are notsignificant. Non-legislative alternativeswere considered, but it is considered thatthe provision of powers to Aboriginalcommunities to regulate access tocommunity lands is necessary and that noless restrictive means are available to fulfilthe purpose of the Act and maintain thelevel of public benefit. Recommendedretaining the powers of the communities toregulate access and the availability ofdeleterious substances on the grounds ofpublic health and cultural preservation.



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Aboriginal Heritage Act andRegulations 1974

IA Access to Aboriginal landscontaining protected sites isrestricted.

Review completed in 1997. Concluded therestriction protects the cultural heritage ofthe State and ensures that sites ofhistorical and cultural significance are notdamaged or destroyed. Noted therestrictions on competition contained in thelegislation are in the public interest andshould be retained.


Administration Act 1903 andRegulations

J The Act treats natural personsdifferently from other classes ofadministrators of intestateestates as regards a requirementto obtain surety.

Review completed in 1997. The restrictionhas no costs, but provides benefits byplacing natural person administrators on alevel playing field with other classes ofadministrators. It does so because otheradministrators are already subject tosimilar safeguards to protect deceasedestates, by other means. Recommendedretaining the restriction as it was found tobe in the public interest. Review alsorecommended: broadening the range offinancial institutions covered by a provisionthat grants them protection to pay fundsfrom a deceased estate, up to a maximumamount, for funeral or other authorisedpurposes prior to administration of theestate; and making this maximum amountconsistent with corresponding provisions ofthe Financial Institutions Code (WA).

Amendments made under the ActsAmendment and Repeal (FinancialSector Reform) Act 1999 removed therestrictions that were to be addressedthrough the recommendations of theNational Competition Policy (NCP)review of this Act.

Aerial Spraying Control Act1966

Ag Licensing of aerial spraycontractors.

National review completed in 1999. See theAgriculture and Veterinary Chemicals(Control of Use) Act 1992 (Victoria).

See the Agriculture and VeterinaryChemicals (Control of Use) Act 1992(Victoria).

Agricultural Produce (ChemicalResidues) Act 1983 andRegulations

Ag Restrictions on chemicallyaffected produce (eg on sale,movement or destruction).Minimum qualifications foranalysts.

Not listed on WA's review schedule butreviewed as part of the national review ofagvet chemicals. See the Agriculture andVeterinary Chemicals (Control of Use) Act1992 (Victoria).


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Agricultural Products Act 1929and Regulations

Ag Regulates the packing and sale ofagricultural products.

Review by officials completed. Itrecommended repealing all codes andreplacing these with regulations onlabeling.

Agricultural Protection BoardAct 1950

Ag Review by officials, in conjunction with theother agricultural protection Acts,completed. It found the Act did not restrictcompetition.

Agriculture Act 1988 Ag Review by officials, in conjunction with theother agricultural protection Acts,completed. It found the Act did not restrictcompetition.

Agriculture and RelatedResources Protection Act 1976and Regulations

Ag Restricts importation of someplants or animals. Requireslandholders to control pests anddiseases. Spraying regulations.Raises rates on pastoral land.Restricts the storage ofagricultural chemicals.

Review by officials, in conjunction with theother agricultural protection Acts,completed. It found the Act did not restrictcompetition. It recommended:

• repealing the spraying regulations (aswhen amendments are made to Health(Pesticides) Regulations 1956) so thataerial operators are subject to the samelicensing regimes as other pesticideoperators; and

• retaining powers to control use andother restrictions.

Agriculture and VeterinaryChemicals (Western Australia)Act 1995 and Regulations

Ag Imports the Agricultural andVeterinary Chemicals Code(national registration scheme)into State jurisdiction (see theCommonwealth Agricultural andVeterinary Chemicals Code Act1994).

National review completed in 1999 (see theCommonwealth Agricultural and VeterinaryChemicals Code Act 1994).

See the Commonwealth Agricultural andVeterinary Chemicals Code Act 1994.

Albany Port Authority Act 1926and Regulations

PI Restrictions on market entry andconduct.

Act repealed and replaced by thegeneric Port Authorities Act 1998.


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Albany Woollen MillsAgreement Act 1976

HW Differential treatment. Review not required. Act repealed.

Anatomy Act 1930 DH Licensing. Review completed in 2000. The reviewfound that the Act contained no restrictionsthat had any effect on competition so as towarrant assessment.

Act retained without reform.

Anglo-Persian Oil CompanyLimited (Private) Act 1919

HW The Act defines the relationships,rights and duties of oilcompanies, local governmentauthorities and the Minister forWorks in relation to theconstruction, operation andmaintenance of pipelines onpublic lands. These duties andpowers of the State and localgovernments constituterestrictions on the commercialactivities of the oil companies.

Review completed in 1998. Reviewidentifies public benefits of restrictions as:minor cost savings in management ofmunicipal infrastructure arising fromcoordination in planning, construction andmaintenance of municipal infrastructureand oil facilities; minimisation of publicinconvenience during construction andmaintenance activities on public land; andensuring proper restoration of municipalinfrastructure where this has beendisturbed as a result of construction ormaintenance activities by the oilcompanies.

Review concluded that the restrictionsarising from the legislation are either in thepublic interest due to current or potentialfuture benefits, or have no current orpotential future impact.


Animal Resources AuthorityAct 1981

DH Review by officials completed. It found theAct contained no restrictions oncompetition.

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Architects Act 1921 andRegulations

HW Registration, entry requirements,reservation of title, disciplinaryprocesses, business conduct(including require ArchitectsBoard approval for advertising),and business licensing.

National review conducted by theProductivity Commission (PC) completed inAugust 2000, and publicly released inNovember 2000. (Previous State reviewcommenced but not completed). PC reviewinvolved public consultation via publicrelease of issues paper, draft report,consultation, public hearings and receivingsubmissions. Review recommended repealof the Act. State review being completed toaddress PC recommendations.

A States and Territories working groupis developing a national response to thePC review.

Art Gallery Act 1959 BAG The Act provides that works ofart shall not be sold or exposedfor sale in the Art Gallery or inany other places under the solemanagement and control of theBoard. This imposes adiscriminatory restriction oncompetition by not allowingprivate owners to sell works ofart from the Gallery whilstallowing the Board to exemptgovernments or other artgalleries from this provision.

Regulations specifying theconditions and restrictions underwhich the public may be allowedto examine works of art in the ArtGallery and other places underthe management and control ofthe Board.

Review completed. Concluded that theintended effect of the restriction on the saleof artworks is to maintain the Gallery'sstatus as the premier visual art collectionand display institution and ensure that theGallery is not diverted to overtlycommercial operations. The restrictions onthe sale of art works have minimal impacton those wishing to sell their artwork asthe Art Gallery typically refers queriesregarding the purchase of art works to therelevant owner. The proposed amendmentwould allow the Gallery some flexibility tosell artworks from its premises should theneed or desire arise.

Recommended amending the Act to givethe Board discretionary powers in the saleof artworks in the Art Gallery or in anyother place under the management andcontrol of the Board.

The Government endorsed the reviewrecommendations.


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Artificial Breeding of Stock Act1965

Ag Restricts premises for supplyingsemen and other reproductivematerial. Licenses artificialbreeders. Restricts theimportation of reproductivematerial.

Review by officials, in conjunction with arange of other agricultural protection Acts,completed. Recommended:

• repealing all restrictions;

• introducing new less restrictiveregulations on control of diseases; and

• voluntary licensing of artificial breeders.

Auction Sales Act 1973 andRegulations

DCEP Licensing of auctioneers, entryrequirements (fit and properperson, requires two yearsexperience on restricted licencebefore general licence),reservation of practice, andbusiness conduct (maintenanceof records in relation to livestockand vendor accounts).

Review underway. Discussion paperreleased in September 2000 invitingsubmissions. Discussion paperrecommended that: the licensing systembe retained until a full legislative review ofthe Act within the next 12 months; unlessjustified by new reasons arising from thatreview, the licensing system be repealed;and if licensing, or some other form ofoccupational regulation, is justified aftercompletion of a full legislative review, thenthe administration of such a system be theresponsibility of a single Governmentorganisation.

Australian Soccer Pools Bloc:Rules for SubscriberParticipation

RGL Licensing. Act repealed and replaced by theLotteries Commission (Soccer Pools)Rules 1996.

Beekeepers Act 1963 Ag Requires registration of allbeekeepers and branding ofhives. Restricts importation,antibiotic use and testing.Imposes standards on honey.

Review by officials, in conjunction with arange of other agricultural protection Actscompleted. It recommended retaining allrestrictions except to reconsider thoserelating to honey standards and nuisanceprovisions.

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Betting Control Act 1954 andRegulations

RGL Licensing. Review in conjunction with the TotalisatorAgency Board Betting Act 1960, completedin 1998. Of the 42 restrictions analysed inthe review, the legislative provisionspertaining to 20 restrictions wererecommended for repeal or amendmentincluding:

• relaxing restrictions on the operation oftotalisators other than by the TotalisatorAgency Board (TAB);

• relaxing restrictions on bookmakers andtheir operations;

• removing limits on bets in theregulations, leaving the racing clubs toset limits as they see fit; and

• relaxing some restrictions on theoperations of the TAB.

The legislative provisions giving rise to theremaining restrictions were assessed asbeing in the public interest andrecommended for retention.

The Government endorsed the reviewrecommendations. Recommendationsare being implemented via the BettingLegislation Amendment Bill 2001 andthe Acts Amendment and Repeal(Competition Policy) Bill.

Biological Control Act 1986 Ag No restrictions on competition.Act requires a transparent publicinquiry process and review todetermine the net public benefitof a biological control release.

Review not required. Act to be retained without reform.

Boxing Control Act 1987 andRegulations

SR Registration (boxers, trainers,promoters and judges).

Departmental review completed in 1997.Consultation involved submissions. Reviewfound that the restrictions were in thepublic interest.

The Government endorsed the reviewrecommendations. Legislation retainedwithout reform.


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Bread Act 1982 DCEP Restrictions on market entry.Restrictions on delivery time forbread. Requirements for markingvehicles delivering bread.

Review by officials completed. Itrecommended repeal of the Act.

Act to be repealed by Acts Amendmentand Repeal (Competition Policy) Bill.

British Imperial Oil Company(Private) Act 1925

HW Licensing. Act retained without reform.

Builders Registration Act 1939and Regulations

DCEP Licensing, registration, entryrequirements (training and sevenyears practical experience, age,good character, 'sufficientmaterial and financial resources'),the reservation of practice, andbusiness licensing.

Review, in conjunction with the HomeBuilding Contracts Act 1991, underway.Discussion paper completed in June 2000.Proposed recommendations includedreducing restrictions on owner builders,expanding the scope of conditional licences,and expanding the coverage of the Act tothe whole State. The Government soughtcomments by November 2000.

Building and ConstructionIndustry Training Fund andLevy Collection Act 1990 andRegulations

DT Differential treatment. Review underway. Involves intra and interagency consultation.

Bulk Handling Act 1967 andRegulations

Ag Co-operative Bulk HandlingLimited (CBHL) granted sole rightto receive and deliver grain until31 December 2000.

Review scheduled for 1999 but deferredpending a restructure of CBHL and mergertalks with the Grain Pool of WA (monopolygrain marketer).

Bunbury Port Authority Act1909 and Regulations


Review not required. Act repealed and replaced by thegeneric Port Authorities Act 1998.

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Bush Fires Act 1954 andRegulations

FESA Restriction on the lighting of firesand the requirement to maintainfire breaks. This restrictionregulates the lighting of fires andrequires the maintenance of firebreaks.

Requirement on localgovernments to providefirefighting equipment and insurevoluntary firefighters.

Review completed in 1997. Concluded therestriction on the lighting of fires and therequirement to maintain fire breaks is avery minor restriction on competition. Thisrestriction is clearly in the public interest asit reduces the likelihood of fires.Recommended retaining the restriction.

Also noted that firefighting equipment isessential in combating bush fires andprotecting the community. The extremelyhigh potential cost of fire damage meanslocal governments must be prepared.Volunteer firefighters are also essential inprotecting communities from bush fires andtherefore it is in the public interest forgovernment to provide insurance to thosewho voluntarily risk their lives to protectthe community. Recommended retainingthe restriction.

The review also recommended thatGovernment businesses be subject to firecontrol requirements.

The Government endorsed the reviewrecommendations. Amendments beingprogressed via the Acts Amendment andRepeal (Competition Policy) Bill.

Business Franchise (Tobacco)Act 1975

DH A licence is required by anyperson wholesaling tobacco orpurchasing tobacco for retailingfrom someone who is not alicensed wholesaler, unlesspurchase is exempt.

Review completed in 1997. Concluded thatalthough this licensing regime restrictscompetition in the tobacco wholesalingindustry and by doing so keeps pricesartificially inflated, it thereby reducesconsumption, and was found to be in thepublic interest on public health grounds.Recommended retaining the restriction.


Camballin Farms (AIL HoldingsPty Ltd) Agreement Act 1985

LA Review not required. Act to be repealed.


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Caravan Parks and CampingGrounds Act 1995

LG Competitive neutrality, landlicensing.

Review underway. The Caravan Parks andCamping Grounds Advisory Committee, acommittee comprising government andindustry representatives, is consideringmatters to do with restrictions in both theAct and associated regulations.

Carnarvon Banana Industry(Compensation Trust Fund)Act 1961

Ag Trust fund provides compensationfor storm damage that restrictsthe entry of potential insurers tothis market. Subsidisedcompensation is available only toCarnarvon growers.

Review by officials completed. Itrecommended that the Act be repealed.

Act repealed on 28 June 2000.

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Casino (Burswood Island)Agreement Act 1985 andRegulations

RGL Licences, restrictions on games,and regulation of operations.

Review completed in 1998. The followingrestrictions found to be in the publicinterest:

• limits on prizes and play amounts foramusement games with prizes;

• limits on the number of bingo permits;

• payout ratios and minimum andmaximum wagers for minor lotteries;

• the ability to set licence fees and taxesshould remain, measures taken toensure that in future, competing casinooperators are treated equally and thatlicence fees are limited to cost recovery;

• the licensing of casinos, games and therules of games, and employees;

• the approval needed for Casino supplycontracts;

• the ability of the Minister to approvecertain ownership transactions andcertain operating decisions;

• the restriction of the use of creditwagering at the Casino;

• the period of exclusivity for the Casino;

• the conditions imposed on new casinosbeyond the period of exclusivity; and

• the monopoly over Casino style gamesand variants restricted to Burswood andany new casino beyond the period ofexclusivity.

The Government endorsed the reviewrecommendations. Change limited tocertain restrictions on playing bingo,and the licensing of 'junkets'. Mainrestrictions on conduct of casinos andcasino games retained.


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Cattle Industry CompensationAct 1965

Ag Powers to nominated persons toinspect and destroy cattle for thepurposes of disease control.Provision to raise a levy on thesale of cattle.

Review by officials completed in 1998. Itrecommended:

• retaining the restrictions; and

• amending the Act to ensure thatcompensation is only paid for animalsdestroyed as a result of a controlprogram which is of a "sufficiently publicgood nature".

Censorship Act 1996 J Review not required. Act replaces the Censorship and FilmsAct 1947, the Video Tape Classificationand Control Act 1987 and the IndecentPublication and Articles Act 1902.

Censorship and Films Act 1947 J Licensing. Review not required. Act repealed.

Charitable Collections Act1946 and Regulations

J Licensing. Legislation to be repealed.

Chicken Meat Industry Act1977 and Regulations

Ag Prohibits supply of chickensunless under an agreementapproved by the IndustryCommittee. Processing plants andgrowing facilities must beapproved.

Review completed in 1997, recommendingthe Government retain the industrycommittee's power to set industry-widesupply fees, subject to review after fiveyears, and that restrictions on producerentry and individual negotiations beremoved.

The Government endorsed the reviewrecommendations. Amendments notyet implemented.

Chiropractors Act 1964 DH Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review underway. Issues paper releasedOctober 1998.

City of Perth Parking FacilitiesAct 1956 and Regulations

PI Licensing. Review not required. Legislation repealed.

Coal Industry SuperannuationAct 1989

CISB Competitive neutrality. Review deferred pending expected changesto Commonwealth superannuation industryregulatory framework.

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Commonwealth Oil RefineriesLimited (Private) Act 1940

HW Licensing. Act retained without reform.

Conservation and LandManagement Act 1984

CALM Exclusive control andmanagement of State forests bythe Conservation Commission.Licensing of timber collection andof taking of other resources.

Administrative discretion overhow licences and produce areallocated and priced. Permits tooccupy and use State forest.Registration of timber workers.

An independent economic adviser reviewedthe Act prior to its amendment. Theamending legislation was also reviewed.

Act substantially amended by:

• the Conservation and LandManagement Amendment Act 2000;and

• the Forest Products Act 2000.

These Acts vested State forests andother lands in the ConservationCommission and established the ForestProducts Commission to undertakecommercial forestry functions on Stateforests and private land.

However, the previous Government didnot consider the reviews before theamending legislation was passed. Thereviews are now awaiting consideration.

Consumer Affairs Act 1971 DCEP General review, in conjunction with the FairTrading Act 1987, scheduled in the secondhalf of 2001 and will include a review ofany restrictions on competition to ensurethey are in the public interest.

Consumer Credit (WesternAustralia) Act 1996

DCEP National review underway.

Cooperative and ProvidentSocieties Act 1903

J Licensing. Act recommended for repeal. Act expected to be repealed.

Country SlaughterhouseRegulations 1969

DH Review by officials underway.


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Credit (Administration) Act1984 and Regulations

DCEP Licensing, and disciplinaryprovisions.

Review completed, with public consultation.It recommended that the licensingrequirements be repealed and that many ofthe powers of the Tribunal and Commissionbe removed, but that the disciplinaryprovisions be retained on public interestgrounds.

The Government endorsed the reviewrecommendations. Drafting instructionsto include the recommendedamendments in the proposed ActsAmendment (Competition Policy) Bill2001 have been forwarded to theParliamentary Counsel.

Credit Act 1984 andRegulations

DCEP Differential treatment. Review underway. Limited consultationrequired as the legislation is largelysuperseded by the Consumer Credit Code.Very few provisions in the Credit Act 1984and the Regulations remain.

Cremation Act 1929 DH Licensing. Review underway. Issues paper releasedfor comment.

Curtin University ofTechnology Act 1996

DES Competitive neutrality, andmarket power.

Review by officials completed in 1998.Review recommended that investmentprovisions be consistent betweenuniversities.


Dairy Industry Act 1973 andRegulations

Ag Vesting of milk in the DairyIndustry Authority. Farmgateprice-setting for market milk.Market milk quotas. Licensing offarmers and processors.

Review by officials, assisted by an industryworking party, completed in 1998. Reviewrecommended:

• the retention of farm-gate pricing formarket milk;

• the continued vesting of all milk in theDairy Industry Authority; and

• the continuation of the licensing powersof the Authority.

The review also found that quotas as amechanism for ensuring year round supplywhere unnecessary, but recommended thatquotas be retained for as long as farm-gatepricing continues.

In line with the March 2000communique signed by all AustralianAgriculture and Primary IndustriesMinisters committing to a nationalapproach to dairy reform, WA passedDairy Industry and Herd ImprovementLegislation Repeal Act 2000 on 27 June2000, deregulating the industry from 1July 2000.

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Dampier Port Authority Act1985 and Regulations

PI Restricts market entry andconduct.


Dampier to Bunbury PipelineRegulations 1998

OE Regulations repealed on 1 January2000.

Debt Collectors Licensing Act1964 and Regulations

DCEP Licensing, entry requirements(age, good fame and character,fit and proper person), thereservation of practice, andbusiness conduct (trust accounts,fidelity bonds).

Departmental review underway. Issuespaper released.

Dental Act 1939 DH Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review completed. Amendments being drafted.

Dental Amendment Act 1996 DH Licensing. Review completed. Amendments being drafted.

Dental Prosthetics Act DH Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review completed. Amendments being drafted.

Dried Fruits Act 1947 Ag Grading of fruit. Registration ofdealers and packing sheds.Maintenance of health standards.

Review by officials completed in 1997. Itrecommended that the Act be repealed.

Act repealed on 15 December 1998.


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East Perth Redevelopment Act1991 and Regulations

EPRA Redevelopment control of thearea, the compulsory taking ofland, subdivision approval fromMinister rather than the StatePlanning Commission, Treasurer'sguarantee of loans, andMinisterial controls.

Review completed in 1997. Review foundthat effects of the restrictions oncompetition are relatively minor. The reportconcludes that there are no acceptablealternatives to achieving the objectives ofthe three restrictions relating to the powersof the Authority. The powers are necessaryto clean up the existing environmentalproblems and achieve redevelopment inline with the vision for the area. At thisstage of the Authority's activities, it wouldnot be feasible to modify the regulatoryframework. The restrictions relating to theinternal running of the Authority stem fromthe Authority's status as a governmentagency and therefore cannot be removed.Recommended retaining restrictions.


Eastern Goldfields TransportBoard Act 1984 andRegulations

PI Restrictions that gave the Boardadvantages arising from publicownership included:

• section 5(2) nominating theBoard as an agent of theCrown;

• section 21(1) implying aGovernment Guarantee onborrowings; and

• section 35 exempting theBoard from payment of localgovernment rates.

Sections 32 and 36 allowing theBoard to make by-laws andregulations governing thebehaviour of patrons and othermatters.

Review completed in 1997. Concluded theBoard needs to retain the powers vested inSection 21(1) to enable monies to beborrowed to continue to perform its role asa provider of public bus services inKalgoorlie/Boulder. Recommendedrepealing sections 5(2) and 35 of thelegislation and retaining section 21(1).

Non-legislative alternatives wereconsidered (and rejected) relating to theBoard's current power to regulate patrons'behaviour through by-laws and regulations.The Board's powers in this respect arecomparable to those of the Department ofTransport in the Transperth system, andthey do not confer any significantadvantage over potential competitors.Recommended retaining above restriction.

Amendments being progressed via theActs Amendment and Repeal(Competition Policy) Bill.

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Edith Cowan University Act1984


Review by officials completed in 1998.Review recommended that investmentprovisions be consistent betweenuniversities.


Education Service Providers(Full Fee Overseas Students)Registration Act 1992

DES Licensing of providers ofeducation to overseas students.

Review underway.

Electricity Act 1945 - Part 1 of2

OE Regulations concerning mandatedsupply; coordinator determinesinterconnection prices; restrictionon sale/hire of non-approvedelectrical appliances; and uniformpricing.

Review by an independent consultantcompleted in 1998. Involved consultation.Review recommended retention of existingrestrictions but removal of Western Power'sexemption from seeking Coordinator'sapproval to supply the public.

The Government endorsed the reviewrecommendations. Amendments to beincluded in the energy amendment Bill.The Government has since proposedfurther review and reform of the Act.

Electricity Act 1945 - Part 2 of2 (Electricity (Licensing)Regulations 1991)

OE Regulations - licensing, entryrequirements(apprenticeship/training andexperience/exam, fit and proper),reservation of practice, anddisciplinary processes.

Review of Electricity (Licensing)Regulations underway.

Electricity Corporation Act1994

OE Exclusive franchise of WesternPower; barrier to entry togenerate electricity; verticalintegration; and competitiveneutrality restrictions.

Review by an independent consultantcompleted. Involved consultation. Reviewrecommended an accelerated timetable forthird party access, removal of entrybarriers for generators, and ring-fencing ofvertical integration structure.

The Government endorsed the reviewrecommendations. The contestabilitythreshold was lowered from 5MW to1MW from 1 January 2000. TheGovernment has foreshadowed furtherreductions to the general contestabilitythreshold from 1 July 2001 (228kW)and 1 January 2003 (34kW). Someminor competitive neutrality advantageshave been removed by the Statutes(Repeals and Minor Amendments) Act1998. The Government has sinceproposed further review and reform ofthe Act.


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Employment Agents Act 1976and Regulations

DCEP Licensing, entry requirements (fitand proper person), thereservation of practice, andbusiness conduct (scale of fees,maintenance of records, nomisleading advertising).

Departmental review underway.Consultation involves a questionnaire sentto 355 licensed employment agents, publicsubmissions on issues, and stakeholderresponses to draft report.

Energy Coordination Act 1994 OE Amended to introduce a gaslicensing system that provides forregulation of companiesoperating distribution systemsand supplying gas to consumersusing less than 1 Terajoule peryear.

Review of new provisions found restrictionswere minimal and were the most cost-effective means of protecting smallcustomers.

Act to be retained without reform.

Energy Operators (Powers) Act1995; formerly known asEnergy Corporations (Powers)Act 1979

OE Provided monopoly rights oversale of liquid petroleum gas (LPG)and provides energy corporationswith powers of compulsory landacquisition and disposal, powersof entry, certain planningapproval and water rights, andindemnity against compensationclaims.

Review completed in 1998. Itrecommended removal of monopoly oversale of LPG, and retention of land usepowers of energy corporations. Land usepowers necessary to facilitate energysupply.

Restrictions on LPG trading lifted withenactment of Energy CoordinationAmendment Act 1999 and the GasCorporation (Business Disposal) Act1999.

Environmental Protection Act1986

DEP Licensing. Review by independent consultantscompleted. The review found thatrestrictions should be retained.

The Government endorsed the reviewrecommendations in 1997.

Esperance Lands AgreementAct 1960

LA Act to be repealed.

Esperance Port Authority Act1968 and Regulations



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Exotic Diseases of Animals Act1993

Ag Powers to inspect, demandassistance and issue localquarantine orders. Powers toseize and destroy infected stock.Powers to control the movementof stock.

Review completed in 1998. Itrecommended retaining the restrictions inthe public interest.

Explosives and DangerousGoods Act 1971

DMPR The Act requires licences,permits, authorisations orapprovals to be obtained as ameans of regulating the variousactivities involving explosives anddangerous goods.

The effects of the restrictions aregenerally to impose compliancecosts on business and to protectthe community from the activitiesinvolving explosives anddangerous goods.

Review completed in 1998. It found thatgenerally there are more efficient andeffective ways of achieving the objectivesof the legislation. The review consideredmore flexible approaches to controllingactivities involving dangerous goods andfound that these alternatives can alsoachieve the required safety and communityprotection objectives.

The Government endorsed the reviewrecommendations. The DangerousGoods (Transport) Act 1998implemented a revised framework forclassifying explosives and dangerousgoods and transport-related matters.This ensures international consistency insystems of classification andauthorisation criteria for dangerousgoods and explosives. In addition,regulation of the transportation ofexplosives is now consistent with that ofother dangerous goods under the newnational transport framework.Amendments being progressed throughParliament.

Fair Trading Act 1987 DCEP Review, in conjunction with the ConsumerAffairs Act 1971, undertaken in the secondhalf of 2001. The review will includeconsideration of any restrictions oncompetition to ensure that they are in thepublic interest.


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Fertilisers Act 1977 Ag Requires retailers to clearly labelfertilisers and to handle them insuch a way as to avoidcontamination.

Review completed in 1997. Itrecommended:

• amending the Act to apply only to thosefertilisers that pose a risk to agriculture;and

• using less restrictive means to achievethe same objectives for other fertilisers.

Finance Brokers Control Act1975

DCEP Registration, business licensing(with exceptions), advertising,limits on remuneration,conditions on how monies arekept on behalf of clients, auditingrequirements and other conductrestrictions.

Review completed in 1999. It wasconcluded that the significant cost ofcomplying with the Act did not warrant thebenefits (if any) that it obtained and thatthese could be achieved with a lessrestrictive model. There was no evidencethat the current system reduced the risk ofdefalcation or fraudulent behaviour offinance brokers. The review identified aclass of persons known as private lenderswho require some form of regulation toensure a high quality service is maintained.This group includes superannuants who seemortgage backed loans as being analternative to bank deposits. The reviewrecommended repealing the Act andintroducing Code of Practice under section42 of the Fair Trading Act 1987, to provideregulation of financial intermediaries whodeal as private lenders, for 3 years whilethe industry develops a self regulatorymechanism.

Review held in abeyance pending thedecision of the Temby RoyalCommission into the Finance BrokingIndustry.

Firearms Act 1973 andRegulations

Po Registration (firearm repairers). Review not required. Act removed from thelegislation review timetable in view of anational approach to firearms policy.

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Fish Resources ManagementAct 1994

Fish Licensing of fishers. Prohibitionson market outlets. Input controlson boat, gear and fishingmethods. Output controls such astotal allowable catches, quota,bag and size limits.

Review completed in 1999. Itrecommended retaining existingrestrictions except for the Western RockLobster Managed Fishery, where itrecommended an assessment of the netbenefit of moving to an output controls-based regime. It also recommended stepsto include NCP principles in the ongoingcycle of fisheries management review.

The Government is consulting on therecommendations before determining itsresponse.

Fisheries Adjustment SchemesAct 1987

Fish Ministerial discretion as toeligibility for compensation uponcancellation of fishing propertyrights.

Review by independent consultantunderway.

Fishing Industry PromotionTraining and ManagementLevy Act 1994

Fish Potential for levies to be imposedwith differential impact onfishers.

Review by independent consultantunderway.

Fremantle Port Authority Act1902 Act and Regulations



Friendly Societies Act 1894 J Licensing. Act repealed.

Fruit Growing Industry TrustFund Act 1941

Ag Review not required. Act repealed.


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Gaming Commission Act 1987and Regulations

RGL Licensing for the conduct ofgames such as bingo, two-up andso on.

Review completed in 1998. No change to most restrictions,including licensing and the availability ofgaming machines. But restrictions oncasino games for community gaming,two-up and bingo prize pools to beremoved, subject to appropriatechanges being negotiated in the Casino(Burswood Island) Agreement Act.Lotteries restrictions to be removed orreduced, including: to allow for thelicensing of suppliers of State lotteryproducts by State Agreement;amending the legislation so thatlotteries conducted by organisations thesubject of such an agreement are lawfullotteries; allow for licensing professionalfundraisers; removing the definition of'foreign lottery' from the legislation; andrelated amendments.

Gas Corporation Act 1994 OE Creates Gas Corporation to runcertain publicly owned gasassets.

Act repealed in December 2000.

Gas Standards Act 1972 andRegulations

OE Gas Standards (Gasfitting andConsumer Gas Installations)Regulations 1999 - gasfitterslicensing, registration, entryrequirements (knowledge andskills, fit and proper), andreservation of practice.

Review underway.

Gas Transmission Regulations1994

OE Access provisions. Legislation repealed. Access and relatedmatters now regulated under the GasPipelines Access (WA) Act 1998.

Geraldton Port Authority Act1968 and Regulations



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Gold Corporation Act 1987 andRegulations

TF Deals with competitiveadvantages and disadvantagesarising from Governmentownership.

Review completed in 1999-2000. Reviewrecommended removal of advantagesenjoyed by the Gold Corporation andsubsidiaries over other businessesoperating in precious metals markets.

The Government endorsed the reviewrecommendations. Legislation toimplement recommendations introducedin May 2000 but not yet enacted.

Government EmployeesSuperannuation Act 1987

GESB Limits on choice of funds. Act repealed.

Government Railways Act1904 and By-laws: Nos. 1 to53, 59, 62, 63, 64, 68, 74. No.55 (rates) No. 60 (passengerfares) No. 75 (Auction Sales),and No. 76 (Licensed Porters)

WAGRC Access, market power, andcompetitive neutrality.

Review completed in 1998. The Government Railways (Access) Act1998 and the Rail Safety Act 1998 haveaddressed amendments removingvarious advantages and disadvantagesconferred on the Commission.

Grain Marketing Act 1975 andRegulations

Ag Establishes the Grain Pool of WAand confers on it a monopolyover bulk exports of feed andmalting barley, canola and lupins.

Review underway.

Hairdressers Registration Act1946 and Regulations

DT Licensing, registration, entryrequirements (good character,training and exam), reservationof practice and title, anddisciplinary processes.

Review by independent consultantsunderway. A consultative committee hasbeen established (including industry,Government and consumerrepresentatives). Review has called forpublic submissions.

Health (Adoption of FoodStandards Code) Regulations1992

DH As per the Food Standards Code. National review completed in 2000 (see theNSW Food Act 1989).

All Australian governments agreed inNovember 2000 to adopt coreprovisions of the Model Food Bill byNovember 2001.

Health (Asbestos) Regulations1992

DH Licensing. Review underway.

Health (Cloth Materials)Regulations 1973



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Health (Construction Work)Regulations 1973


Health (Drugs and AlliedSubstances) Regulations 1961

DH Licensing. Part of Galbally Review. Final review reportunder consideration by the AustralianHealth Ministers Advisory Council (AHMAC).

Health (Food Hygiene)Regulations 1993

DH Licensing of food processors.Registration of premises. Safefood practices specified.

Review underway.

Health (Game Meat)Regulations 1992

DH Minimum qualifications forslaughterers. Registration of fielddepots and processing facilities.

Review underway.

Health (Meat Inspection andBranding) Regulations 1950

DH Review underway.

Health (Pesticides) Regulations1956

DH Licensing. Review underway. Invitation to submit.

Health (Pet Meat) Regulations1990

DH Review underway.

Health (Public Buildings)Regulations 1992


Health (School DentalTherapists) Regulations 1974


Health Act (Swimming Pools)Regulations 1964


Health Act 1911 DH Licensing. Review underway.

Health Laboratory Services(Fees) Regulations

DH Licensing. Act repealed.

Health Services (Conciliationand Review) Act 1995

DH Review not required.

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Hire Purchase Act 1959 andRegulations

DCEP Credit providers are required torefund any surplus amountfollowing repossession of goodsunder hire-purchase transactions;the Court has power to reopenhire-purchase transactions whichit considers to be "harsh orunconscionable"; and the abilityof credit providers to repossessfarming goods is regulated.

Review completed, with public consultation.Review found that most of the provisions ofthe Act are no longer needed to achieveconsumer protection for new hire-purchasetransactions, since the enactment in 1996of the national uniform Consumer CreditCode. However, the review found thatthree provisions (relating to surplus fromsale of goods, equitable relief and farmgoods purchases) are not adequatelyreproduced in the new Code and arejustified for retention in the public interest.

The Government endorsed the reviewrecommendations. Act to be amendedvia the Acts Amendment and Repeal(Competition Policy) Bill 2000.

Home Building ContractsAmendments Act 1996 andRegulations

DCEP Requirement of written contracts,conditions (including mandatoryinsurance).

Review, in conjunction with the BuildersRegistration Act 1939, underway.Discussion paper completed in June 2000.Proposed recommendations includedretaining requirements for written contractsand maximum amount for deposit, the'warranty' period and home indemnityinsurance (but with further examination ofthe differences in requirements in WA andthe rest of Australia). Also recommendationthat insurance authorisation be modified soMinister approves policies, rather thaninsurers.

The Government sought comments byNovember 2000.

Horticultural and ProduceCommission Act 1988

Ag Horticultural Produce Commissionis empowered to raisecompulsory levies from growers.

Review completed in 1997. Itrecommended amending the Act to ensurethat levies are used only to fund servicesthat are of a sufficiently public good natureand have had a benefit cost assessment.

Act amended. Now called theAgricultural Produce Commission Act1988.

Hospitals (Licensing andConduct of Private Hospitals)Regulations 1987



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Hospitals (Licensing andConduct of Private PsychiatricHostels) Regulations 1997


Hospitals (Service Charges)Regulations 1984


Hospitals and Health ServicesAct 1927


Hospitals and Health ServicesAmendment Act 1996


Human ReproductiveTechnology Act 1991

DH Licensing. Review completed. Review found that theAct contained no restrictions that had anyeffect on competition so as to warrantassessment.


Human ReproductiveTechnology Amendment Act1996

DH Licensing. Review completed, and no reformrecommended.

Human Tissue and TransplantAct 1982

DH Licensing. Review completed in 2000. The reviewfound that the Act contained no restrictionsthat had any effect on competition so as towarrant assessment.

Indecent Publications andArticles Act 1902 andRegulations

J Licensing. Review not required. Legislation repealed and replaced by theCensorship Act 1996.

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Industrial Relations Act 1979 DCEP • qualifications for ChiefCommissioner and President;

• age limit for members ofWestern Australian IndustrialRelations Commission(WAIRC);

• restrictions on the jurisdictionof WAIRC;

• individual access to WAIRC;

• representation of parties bylegal practitioners;

• employees as parties toindustrial agreements;

• registration of employer andemployee organisations;

• access to Public Sector AppealBoard and RailwayClassification Board;

• use of the Government Printerto print the Gazette;

• binding of employers andemployees to common ruleawards;

• parties to workplaceagreements having totalaccess to WAIRC; and

• prohibition on use ofmembership funds for politicalexpenditure.

Review completed in 1997. Due to the non-financial nature of the restrictions and thedifficulty in quantifying them, the analysisis purely qualitative. The restrictions arelargely discriminatory in nature. A numberof restrictions discriminate betweenemployees in relation to access to disputeresolution services.

Recommended:

• the above restrictions should beremoved as they are not in the publicinterest; and the binding of employersand employees to common rule awardslegislation should be amended;

The following restrictions are in the publicinterest and should be retained;

• parties to workplace agreements havingtotal access to WAIRC;

• restrictions on the jurisdiction of WAIRC;and

• prohibition on use of membership fundsfor political expenditure.

The Government endorsed the reviewrecommendations. Amendments arerequired.


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Industrial Training Act 1975and Regulations

DT Licensing. Review not required. Legislation repealed and replaced by theVocational Education and Training Act1996.

Infectious Diseases(Inspection of Persons)Regulations


Inquiry Agents Licensing Act1954 and Regulations

Po Licensing. Act repealed and replaced by theSecurity and Related Activities (Control)Act 1996.

Instant Lottery Rules 1991,Instant Lottery (Telespin)Rules 1991, and Lotto Rules1990

RGL Differential treatment. Legislation repealed. ReplacementLotteries Commission regulationsreviewed.

Insurance Commission ofWestern Australia Act 1986

IC Limits on investment andborrowing powers, Treasurer'sguarantee, Competitiveneutrality.

Review completed in 1998. It concludedthat the restrictions provide net publicbenefit primarily because they improveaccountability and oversight controls thatare consistent with the approach to otherpublic sector bodies, and legislation otherthan this Act gives the InsuranceCommission exclusive functions so that ithas no competitors. The reviewrecommended retaining the restrictions asthey provide a net public benefit and arenecessary to achieve the objectives of theAct.


Jetties Act 1926 andRegulations

PI Licensing, and competitiveneutrality.

Legislation to be repealed.

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Land Valuers Licensing Act1978 and Regulations

DCEP Licensing, entry requirements(member of Institute of Valuersor education and four yearsexperience, and possibly exams),the reservation of title andpractice, and business conduct(including board settingmaximum fees, code of conduct).

Review completed. The Government is considering thereview recommendations in light of theGunning Inquiry. (Gunning Inquiryrecommended replacing seven licensingboards including the Land ValuersLicensing Board, with a single authorityto license finance brokers, builders, cardealers, land valuers, and real estateand settlement agents.)

Matters are now being held in abeyancepending the findings of the Temby RoyalCommission.


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Law Reporting Act 1981 J The requirement to obtain priorwritten consent of the AttorneyGeneral before publishing judicialdecisions of State courts.

The practice of selectiveinvitation and awarding of asingle contract for a ten yearperiod for the publication of theAuthorised Reports.

An arrangement between theSupreme Court Library and theAttorney General whichestablishes the Library as amonopoly service provider for thesupply of unreported judgmentsand which is not subject to anyform of market testing.

Review completed in 1998. It found thebenefits of the restriction (throughmaintaining the integrity of judicialprocesses utilising published judgments)outweigh the costs associated withpotentially reduced innovation andavailability of law reports. Reviewconcluded the net public benefit could beachieved by a less restrictive alternative,involving a negative licensing system givingblanket authorisation to anyone to publishlaw reports while preserving the AttorneyGeneral's right to revoke, vary or withdrawauthorisation, and the practice of selectiveinvitation and awarding of a 10 yearcontract for publication of the AuthorisedReports be replaced with a widened tenderprocess and reducing contract periods to 5years.

Also recommended retaining thearrangement between the Supreme CourtLibrary and the Attorney General, as therewere benefits from greater accessibility tounreported judgments for the judiciary andthe community at large through an efficientdistribution service at minimal cost.

The Government endorsed the reviewrecommendations. Therecommendations are likely to beeffected through administrative ratherthan legislative means.

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Page 235


Legal Aid Commission Act1976 and Regulations

J The review identified fourrestrictions in the Act as it will beamended by the Bill, all classifiedas minor:

• prescribed composition of theLegal Aid Commission;

• power and recognition given tothe Law Society of WA (Inc);

• prescribed qualifications ofpublic assessor; and

• prescribed rate of interestpayable on money owed toLegal Aid Commission.

Review completed. The review found thateach of the restrictions is in the publicinterest and should be retained.

The Government endorsed the reviewrecommendation that the restrictions inthe Act, as it will be amended by theBill, should be retained.

Legal Practitioners Act 1893and Rules

J Licensing, registration, entryrequirements, reservation of title,reservation of practice,disciplinary processes, businessconduct (including monopolyprofessional indemnity insurance,trust accounts, fees, advertising),and competitive neutrality.

Departmental review underway.Consultation involved establishingconsultative group, releasing an issuespaper (June 2000) and seekingsubmissions (by August 2000).

Licensed Surveyors Act 1909and Regulations

PI Licensing, entry requirements(competency - education andexperience, age, good fame andcharacter, continuing professionaldevelopment), the reservation oftitle and practice, disciplinaryprocesses, business conduct(including professional indemnityinsurance).

Review, in conjunction with the StrataTitles Act 1985, completed in November1998. Recommendations included re-composing the board, clarifying entrystandards, and retaining restrictions onprofessional indemnity insurance.

The Government endorsed the reviewrecommendations. Amendments to theAct will be progressed via the ActsAmendment and Repeal (CompetitionPolicy) Bill.

Lights (Navigation Protection)Act 1930

PI Licensing. Act to be repealed.


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Liquor Licensing Act 1988 andRegulations

RGL Contains a public needs test. (s38requires the licencing authoritiesto have regard to the numberand condition and distributionand services provided by existinglicensed premises in the affectedarea.)

Also, differential hours for hotelsand liquor stores with the latterprohibited from opening onSundays.

Review completed in March 2001.Recommended that the public needs testshould be replaced by a public interest test.This public interest criteria should includereference to the likely effect on competitionin the liquor market but not on individualcompetitors to enable identification ofimportant but otherwise undisclosed publicinterest matters, i.e. outlet density andpropensity for harm and ill heath.

Review also recommended that tradinghours for liquor stores and hotels be similarincluding on Sundays.

Local Government(Miscellaneous Provisions) Act1960 and Building Regulations1989

LG Review not required. The Government is currently developinga Bill to replace the Act. Bill to beexamined under gatekeeper provisions.

Local Government Act 1995 LG Competitive neutrality,differential treatment, and singleindustry superannuation schemefor employees.

Review completed. Concluded thatrequirement for local governments toparticipate in a single industrysuperannuation scheme is inappropriate.

Exemption of Cooperative Bulk Handlingfrom rates found to be potentially anti-competitive. Matter to be considered inconjunction with the Bulk Handling Act1967.

Local Government Draft ModelBy-Laws

LG Review not required.

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Lotteries Commission Act 1990and Rules and Regulations -Lotteries CommissionRegulations 1991; LotteriesCommission: (Super 66) Rules1996; (Powerball Lotto) Rules1996; (Saturday Lotto) Rules1996; (Oz Lotto) Rules 1996;(Instant Lottery) Rules 1996;and (Soccer Pools) Rules 1996

RGL Allowing the LotteriesCommission (the Commission) toenter into agreements with otherState lotteries agencies for thepurposes of jointly conductingLotto and Soccer Pools. Allowingthe Commission to use tradingnames and symbols. Allowing theCommission to obtain permitsdirectly from the Minister. Makingit an offence for a person,without the approval of theCommission, to derive a fee orreward for promoting or forminga syndicate to purchase a ticketin a game conducted by theCommission. Allowing theCommission to enjoy the status,immunities and privileges of theCrown.

Review completed in 1997. Recommendedretention of restrictions.

Legislation retained without reform.

Marine (Hire and DriveVessels) Regulations 1983

PI Review by independent consultantcompleted.

Marine Act 1982 PI Review by independent consultantcompleted.

Marine and Harbours Act 1981and Regulations

PI Competitive neutrality. Review completed in 1999. Act to be repealed.

Maritime Services Bill PI Designed to regulate the safetyand pilotage requirements forships in WA.

Review by an independent consultantcompleted.

When enacted, the Bill will replaceseveral pieces of maritime legislation.The Government is considering thereview recommendations. The Bill likelyto be introduced into the Parliament in2001.


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Marketing of Eggs Act 1945 Ag Prohibits sale of eggs to personsother than the WA Egg MarketingBoard unless under certainexemptions.

Producers must be licensed andtransfer of licences prohibitedwithout written permission of theBoard.

Review underway.

Marketing of Meat Act 1946and Regulations

Ag Review not required. Act repealed in mid 1999.

Marketing of Potatoes Act1946 and Regulations

Ag Prohibits sale for domesticconsumption of potatoes topersons other than the WA PotatoMarketing Corporation unlessunder certain exemptions.

Producers must hold entitlementsallocated by the Corporation.

Review underway.

Meat Transport Regulations1969

DH Review underway.

Medical Act 1894 DH Restrictions on entry,registration, title, practice,advertising and disciplinaryprovisions.

Review underway. Draft report released inOctober 1999. Recommendations includedremoving reserved practice, limiting thereservation on title, changing thedisciplinary system and introducing newadvertising restrictions.

Mental Health (Administration)Regulations 1965

DH Licensing. Legislation repealed and replaced.Replacement legislation to be reviewed.

Mental Health (Consequential)Provisions Act 1996

DH Licensing. Review completed. Review concluded thatrestrictions are in the public interest andshould be retained.

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Mental Health (Transitional)Regulations 1997

DH Review completed. Review concluded thatrestrictions in the replacement legislationare in the public interest.

Mental Health (TreatmentFees) Regulations 1992

DH Licensing. Review completed. Legislation replaced. Replacementlegislation to be reviewed.

Mental Health Act 1962 DH Licensing, and differentialtreatment.

Act repealed and replaced by the MentalHealth Act 1996.

Mental Health Act 1996 DH Licensing, and differentialtreatment.

Review completed in December 2000. Thereview found that the restrictions safeguardthe welfare of patients with mentalillnesses, comply with internationalobligations and promote high andconsistent standards in mental health care,leading to increased public confidence inthe system. The review concluded that therestrictions are in the public interest andshould be retained.

Mental Health Regulations1997

DH Licensing. Review completed. Review concludedrestrictions are in the public interest.

Metropolitan (Perth) PassengerTransport Trust Act 1957 andRegulations

PI Legislation to be repealed.

Mining Act 1978 andRegulations 1981

DMPR Establishes licensing regime forexploration and development ofminerals.

Review completed. Review foundrestrictions necessary for orderlyexploitation of mineral resources,minimising land use conflict, protectingthird-party rights, minimisingenvironmental impacts and promotingefficiency.

The Government accepted the reviewrecommendations.

Morley Shopping CentreRedevelopment Agreement Act1992

DIT Review underway.


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Motor Vehicle (Third PartyInsurance) Act 1943

IC Mandatory insurance, monopolyinsurer, and centralised premiumsetting.

Review completed in 2000. The reviewfound mandatory insurance and pricerestrictions give rise to net public benefits(ensuring injured parties are compensated,reducing costly private legal action,lowering transactions costs, lowering costsof insurance, and increasing the proportionof claims' payments retained by claimants).No less restrictive means of achieving theobjectives were found. The review foundthat monopoly provisions do not offersufficient public benefit to justify theirretention, and recommended therestrictions should be removed.

The Government endorsed the reviewrecommendations. Drafting instructionsare being prepared to include therecommended amendments in theproposed Acts Amendment (CompetitionPolicy) Bill 2001.

Motor Vehicle Dealers Act1973 and Regulations

DCEP Licensing (motor vehicle dealers,yard managers, car marketoperators and sales persons),entry requirements (dealers mustbe solvent and understand theirobligations under the Act, yardmanagers must complete a four-day course), business conduct(statutory warranties on usedvehicles), and power to the MotorVehicle Licensing Board to setstandards for premises.

Review completed in 1997. Recommended:retaining restrictions on licensing for motorvehicle dealers and yard managers;retaining statutory warranties for usedvehicles; repealing restrictions on licensingfor car market operators and salespersons;and repealing the power of the MotorVehicle Licensing Board to set standards forpremises.

The Government endorsed the reviewrecommendations. Amending legislationbeing drafted to implement reviewrecommendations.

Motor Vehicle DriversInstructors Act 1963

PI Licensing, entry requirements(competency, aged at least 21years, good character, fit andproper person, may require testor course), the reservation ofpractice (teach for reward), andbusiness conduct (dual controlvehicle, regulations may makeprovisions for displayingidentification).

Review under consideration.

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Page 241


Murdoch University Act 1973 DES Competitive neutrality, andmarket power.

Review by officials completed in 1998,recommending that investment provisionsbe consistent between universities.

The Government endorsed the reviewrecommendations. Amendments beingproposed via the Acts Amendment andRepeal (Competition Policy) Bill.

Mutual Recognition (WesternAustralia) Act 1995

P&C National review completed in July 1998.

North West Gas Development(Woodside) Agreement Act1979

DMPR Review not required. Act repealed and replaced by the NorthWest Gas Development (Woodside)Agreement Amendment Act 1994.

North West Gas Development(Woodside) AgreementAmendment Act 1994

DMPR Differential treatment. Review completed in 1998. Act retained without reform in view ofsovereign risk implications of unilateralamendment or repeal.

Northern Developments (OrdRiver) Pty Ltd Agreement Act1960

LA Differential treatment. Act to be repealed.

Northern Developments PtyLtd Agreement Act 1957


Northern Developments PtyLtd Agreement Act 1969


Nurses Act 1992 DH Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review underway.

Occupational TherapistsRegistration Act 1980

DH Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review underway.

Offensive Trades (Fees)Regulations 1976


Optical Dispensers Act 1966 DH Licensing. Review underway.


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Optometrists Act 1940 DH Restrictions on entry,registration, title, practice,advertising and disciplinaryprovisions.

Review underway.

Osteopaths Act 1997 DH Restrictions on entry,registration, title, and disciplinaryprovisions.

Review completed in 1997 and reformsrecommended.

Amendments being drafted in the ActsAmendment and Repeal (CompetitionPolicy) Bill.

Painters Registration Act 1961 DCEP Licensing and registration (forpersons carrying on a paintingbusiness in their own right andnot as employees and forpainting valued greater than$200), entry requirements(degree/apprenticeship/experience and exams, age, goodcharacter), the reservation of titleand practice, disciplinaryprocesses, and businesslicensing.

Review completed in 1998. Reviewconcluded that the current system ofmandatory licensing is too restrictive andshould be removed. The reviewrecommended a certification scheme bedeveloped to allow consumers to readilyidentify painters who possess particularskills. It also recommended negativelicensing to support a certification system,allowing for the removal from the industryof persons who do not adhere to basicstandards of commercial conduct. Thesechanges will reduce business costs but willstill enable some control of the industryand certainty for consumers.


Pathology Centre Notice andDirections 1995

DH Market power. Review underway.

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Page 243


Pawnbrokers and Second-handDealers Act 1994 andRegulations

Po Licensing (pawnbrokers, second-hand dealers for not exemptgoods), registration, entryrequirements (good character, fitand proper person - that is,adequate management,supervision and control ofbusiness operations, and noconviction of dishonesty, fraud,or stealing offence in past fiveyears), the reservation ofpractice, disciplinary processes,and business conduct(pawnbrokers: prescribedrecords, computer records,notification of pawner of surplusof proceeds of sale; second-handdealers: prescribed records,holding of goods for prescribedperiod, requirement that sellerprovide identification, cooperationwith police).

Review by the WA Police Service completedin 1999. Consultation involved whendeveloping legislation. No publicconsultation during review. Reviewrecommended: retaining the currentlicensing provisions on the understandingthat they may be modified following futurereview; conducting a further review afterthe current legislation had been inoperation for an additional three years; andexamining alternative approaches,including those likely to be introduced inother States.


Pearling Act 1990 andRegulations

Fish Licensing of pearling andhatcheries. Minimum quotaholding for pearling licences.Hatchery licensees must also holdpearling licence. Wildstock quota.Hatchery quota. Hatchery salesto other than Australian industryprohibited.

Review completed in 1998. Itrecommended:

• removing minimum quota holdings;

• decoupling pearl farming licences frompearl fishing licences;

• auctioning wildstock quotas;

• removing hatchery quotas;

• codifying in regulation criteria for fisherymanagement decisions; and

• establishing an independent reviewtribunal.

The Government is consulting on therecommendations before determining itsresponse.


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Perth Market Act 1926 andRegulations

Ag Licensing, and differentialtreatment.

Review underway. Consultation involvedpublic advertisement and calling forsubmissions in June 2000.

Perth Parking Management Bill1998

PI Licensing, and differentialtreatment.

Reviewed as new legislation. Bill removes discriminatory treatment ofCouncil and private parking providers,licenses and limits parking places inPerth Central Business District. Publicbenefits are reduced Central BusinessDistrict congestion and improved airquality. The Government approved on18 May 1998. Assented to on 19 May1999.

Perth Theatre Trust Act 1979 PTT Competitive neutrality. Review underway. Interagencyconsultation.

Petroleum (Submerged Lands)Act 1982 and Regulations

DMPR Regulates exploration for anddevelopment of underseapetroleum resources. Thislegislation forms part of anational scheme.

National review completed in 1999-2000.Endorsed by Australian and New ZealandMineral and Energy Council (ANZMEC)Ministers.

Amendments to be developed by theCommonwealth and subsequentlyreflected in State and Territorylegislation.

Petroleum Act 1967 DMPR Regulates onshore exploration forand development of petroleumreserves.

Review to be conducted after outcome ofthe Petroleum and Submerged Land Act isfinalised.

Petroleum Pipelines Act 1969and Regulations

DMPR Regulates construction andoperation of petroleum pipelinesin WA.

Review completed. Common carrierprovisions to be considered following thePetroleum and Submerged Land Actreview.

Minor amendments to follow.

Petroleum Products SubsidyAct 1965 and Regulations

OE Market power. Review underway.

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Page 245


Pharmacy Act 1964 DH Restrictions on entry,registration, title, practice,advertising, business, ownership,licensing, residence, anddisciplinary provisions.

National Review of Pharmacy Regulation(Wilkinson Review) completed in February2000. The review recommended retainingregistration, the protection of title, practicerestrictions and disciplinary systems(although with minor changes to theregistration systems recommended forindividual jurisdictions). Further, the reviewrecommended maintaining existingownership restrictions, and removingbusiness licensing restrictions.

Council of Australian Governments(CoAG) referred the Wilkinson Review toa senior officials' working party. Thesenior officials' recommendations arebeing considered by CoAG.

Physiotherapists Act 1950 DH Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review underway. Issues paper released inOctober 1998.

Pig Industry Compensation Act1942

Ag Ministerial discretion overallocation of funds raisedcompulsorily for scientificresearch. Minister may levygrowers to fund services to thepig industry includingcompensation and disease controlprograms.


• changes to ensure that funds fromcompulsory levies are used only forservices of a public good nature; and

• retaining the power of the Minister tolevy growers.

Piggeries Regulations 1952 DH Review underway.

Planning legislation: TownPlanning and Development Act1928, Western AustralianPlanning Commission Act1985, and Metropolitan RegionTown Planning Scheme Act1959

PI Controls land use via townplanning schemes.

Review underway. Legislation (the Town Planning andDevelopment Act 1928, the WesternAustralian Planning Commission Act1985, and the Metropolitan RegionTown Planning Scheme Act 1959)consolidated into the Urban andRegional Planning Bill 2000. A review ofthe Bill has been drafted forconsideration by the Minister forPlanning.


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Plant Pests and Diseases(Eradication) Fund Act 1996(previously the Skeleton Weedand Resistant Grain Insects(Eradication Funds) Act 1974)

Ag Power of Minister to imposelevies and Ministerial discretionover application of funds.

Review by officials completed in 1997. Itrecommended amending the Act to ensurethat levies fund only services that are of asufficiently public good nature and thathave been assessed as in accordance witha benefit cost methodology.

Podiatrists Registration Act1984


Review completed. Amendments being drafted as part ofnew health practitioners legislation.

Poisons Act 1964, and PoisonsAmendments Act 1996

DH Licensing. Part of Galbally Review. Final review reportunder consideration by AHMAC.

Police Force CanteenRegulations 1988

Po The Regulations enable aCanteen to sell liquor underterms and conditions that are notsubject to the requirements ofthe Liquor Licensing Act 1988,and therefore discriminate infavour of the Canteen overcompeting businesses in theprivate sector.

Review completed in 1998. Reviewconcluded the effect of the restriction is toenable the Canteen more flexibility in itsoperations than would be afforded to aprivate sector operator. Recommended thatas the restrictions have a minimal impactand cannot be justified in the publicinterest, and thus the report concluded thatthe advantages should be removed. Asthere is no canteen operating at themoment, the report recommends that theremoval of the restriction be addressedfollowing the review of the Liquor LicensingAct. If a canteen is established before thereview is completed, the reviewrecommends that the canteen voluntarilycomply with the Act.

The Government endorsed the reviewrecommendations. Minor amendmentsto the Act required.

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Port Authorities Act 1998 PI Imposes accountability andownership requirements,together with safety and publicinterest controls. Restrictionsinclude exemptions from planningand building requirements; publicsector management provisions;accountability provisions;requirements for Ministerialapproval; consultation andborrowing limits provisions;pilotage provisions; and licensingprovisions.

Review completed in 1997. Reviewconcluded that the objectives of thelegislation could not be achieved byalternative means other than through thelicensing restrictions. Act repeals individualport Acts.

New Act following the review of portsinstruments assented to on 29 June1999.

Port Hedland Port AuthorityAct 1970 and Regulations



Port Kennedy DevelopmentAgreement Act 1992

PI Competitive neutrality.

Ports (Model Pilotage)Regulations 1994



Ports Functions Act 1993 PI Restrictions on market conduct. Act repealed and replaced by thegeneric Port Authorities Act 1998.

Potato Growing Industry TrustFund Act 1947

Ag Power to raise a compulsory levyon the sale of potatoes for thepurposes of disease control andproviding compensation togrowers in the event of a diseaseoutbreak.

Review by officials completed. Itrecommended retaining the restriction.



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Poultry Industry (Trust Fund)Act 1948

Ag Power of the Poultry IndustryTrust Fund Committee to imposelevies.

Financial assistance from theTrust Fund to the Poultry FarmersAssociation.


• amending the legislation to ensure thatlevies fund only services that are of asufficiently public good nature and thathave been subject to a benefit costanalysis;

• replacing the compulsory levy to fundthe Poultry Farmers Association with avoluntary levy; and

• retaining the levy raising power.

Amendments to be made in accordancewith the review recommendations.

Poultry ProcessingEstablishments Regulations1973

DH Review by officials underway.

Professional Standards Act1997

J Provides for limiting liability forpersons who are members ofprescribed associations.

Departmental review completed in 1998.No public consultation. Reviewrecommended retaining restriction oncompetition.

The Government endorsed the reviewrecommendations in July 1999. Actretained without reform.

Psychologists Registration Act1976


Review underway. Issues paper released inOctober 1998.

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Page 249


Public Works Act 1902 HW Four restrictions all of which arerelated to competitive neutrality:

• financial provisions and powerswhich potentially allow the WABuilding ManagementAuthority to access avenues ofcredit unavailable to privatefirms in competing commercialactivities;

• powers of entry on to land forthe purposes of public workswhich may lead to cost savingsderiving from not having tosecure rights of access fromlandowners - such savings arenot available to private firms;

• powers to close roads orstreets which may reduce thecost of works through nothaving to provide for access orprotect the safety of roadusers in the vicinity of works -a right not available to privatefirms; and

• exemptions from local buildingregulations (except publichealth regulations) which mayprovide cost advantages overfirms which have to complywith local regulations.

Review completed. The review classifiedrestrictions as minor, as their economiceffects are insignificant and they are usedto facilitate public works, the wider publicbenefit of which have already beenassessed. The costs and loss of flexibilityassociated with more stringent definition ofthe projects to which the provisions mayapply were found to outweigh the minimalbenefit that might accrue. The extension ofrelevant powers to the private sector, incertain cases, was considered. However,given the negligible current involvement ofthe private sector in providing publicinfrastructure in WA, such reform is notconsidered justified. Recommendedretaining the restrictions.


Queen Elizabeth II MedicalCentre (Delegated Site) By-laws 1986



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Racing Restrictions Act 1917 RGL Licensing, and differentialtreatment.

Review completed in 1998. Recommendedlimiting the authority of the WA Turf Clubto thoroughbred racing and providing forlicensing of other forms of horse racingwhere in the public interest. Itrecommended retaining the centralisedcontrol of horse racing and trotting with theindustry bodies.

The Government endorsed the reviewrecommendations. To be amended viathe Acts Amendment Repeal(Competition Policy) Bill.

Racing Restrictions Act 1927 RGL Prevents the use of 'mechanicaldevices' in races for other thanhorses. It aimed to prevent theintroduction of greyhound racing.

Review complete in 1999. Reviewrecommended repeal of the Act.

Act to be repealed via the ActsAmendment and Repeal (CompetitionPolicy) Bill.

Radiation Safety Act 1975,Radiation Safety (General)Regulations 1983-1999,Radiation Safety (Transport ofRadioactive Substances)Regulations 1980-1999, andRadiation Safety(Qualifications) Regulations1980-1999

DH Licensing. National review completed.

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Rates and Charges (Rebatesand Deferments) Act 1992

TF The restrictions identified refer tothe differential treatmentafforded pensioners and othereligible persons with respect tocertain amounts payable by wayof rates and charges. Thelegislation, in effect,discriminates in favour ofpensioners and other eligiblepersons.

Review completed in 1998. It concludedthat the effects of the restrictions oncompetition are minimal. Only a very smallgroup of eligible persons could potentiallyobtain a competitive advantage from thedifferential treatment received, and wheresuch advantage occurred it would be minor.On the other hand, the removal ofpensioner rebates and deferments inrespect of rates and charges would have asignificant impact on the standard of livingof pensioners and other eligible persons.

An alternative to the way in which theState Revenue Department administeredrebates and deferments to eligible personswas considered. However, it was concludedthat this alternative would result in greateradministrative cost than the presentscheme and therefore would not be in thepublic interest.

Recommended that all of the restrictiveelements of the legislation should beretained on public interest grounds.



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Real Estate and BusinessAgents Act 1978 andRegulations

DCEP Licensing (agent's licence, salesrepresentative's certificate),registration, entry requirements(aged over 18 years, goodcharacter, fit and proper person(including having done prescribedcourses, understands duties andobligations under Act), for agent,sufficient material and financialresources), the reservation ofpractice, disciplinary processes,business conduct (branch office/srequire separate manager/s,supervision and control, records,trust accounts, audit, code ofconduct, advertising, fidelityfund), and business licensing.

Departmental review underway. Discussionpaper released in April 1999. Draft reportbeing finalised.

Maximum fees removed in 1998.

Regional DevelopmentCommissions Act 1993

LG Review underway. Submissions to besought from Commissions and localgovernment.

Retail Trading Hours Act 1987and Regulations

DCEP Monday to Saturday tradinghours regulated. Sunday tradinghours limited and prohibitedoutside tourism zones. Norestrictions above the 26thparallel.

An Industry Reference Group (IRG) reportwas completed in 1999. The ReferenceGroup's charter was to seek publicsubmissions and to make recommendationsto the Minister. Following the Minister'sconsideration of the IRG report, theDepartment is now finalising the NCPreport on the Retail Trading Hours Act1987.

Retirement Villages Act 1992,Regulations and Code ofPractice

DCEP Review underway. The Retirement VillagesReference Group produced a discussionpaper and responses were obtained fromretirement village residents andassociations.

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Rottnest Island Authority Act1987

RIA Restrictions on:

• the membership of theAuthority;

• access to facilities on theisland is limited;

• the Authority has the power togrant leases and licences onthe island;

• the Authority is prohibitedfrom selling any land onRottnest;

• the Authority is preventedfrom allowing anyone toremove any flora, fauna, rock,stone or soil from the islandfor any commercial purposes;

• limitation on development andprovision of accommodation;

• requirement for amanagement plan;

• Enforcement Powers ofRangers;

• Requirement for revenue to atleast equal expenditure andapplication of net profits;

• Building work to be approvedby the Authority; and

• control of certain activities onRottnest.

Review completed in 1998. The reviewfound that generally the restrictions oncompetition are necessary to achieve theobjectives of the legislation. The objectivesof the legislation are expressly to preservethe character of the island, to protect theenvironment and to ensure that Rottnest isaccessible as an affordable holidaydestination. The review recommendedretaining the restrictions on public benefitgrounds with the exception of therestriction prescribing the knowledge andexperience necessary for appointment as amember of the authority which is to beremoved. The continued need for aManagement Plan for Rottnest should beconsidered in the context of anyGovernment wide review of the use ofManagement Plans in the management ofA-class reserves and the restriction oncompetition relating to access to facilitiesand the requirement for revenue to at leastequal expenditure and application of netprofits are to be considered in theAuthority's competitive neutrality review.

Minor amendments under consideration.


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Rural Adjustment and FinanceCorporation Act 1993

Ag Differential treatment. Review not required. Act repealed and replaced by the RuralBusiness Development Corporation Act2000.

Rural Housing Bill CHA Differential treatment of theAuthority compared with similarprivate sector institutions(Sections 5,11,16,17); anddifferential treatment ofcustomers based on location,occupation or type of business(Sections 18-26).

Review completed in 1998. It classified therestrictions as minor and in the publicinterest.

Changed name to Country Housing Act1997.

Sandalwood Act 1929 andRegulations

FPC Caps the quantity of naturally-occurring sandalwood harvestedfrom Crown and private land.Licensing the harvesting ofsandalwood. Individual licencescapped at 10 per cent of the totallimit.

Review completed. It recommendedretaining the overall cap on the quantitysandalwood harvested while removing therestriction on the proportion of the annualsandalwood harvest that may be takenfrom private land.

Amendments being progressed via ActAmendment and Repeal (CompetitionPolicy) Bill.

Secret Harbour ManagementTrust Act 1984

PI Competitive neutrality. Act to be repealed.

Securities Agents Act 1976and Regulations

J Licensing. Act repealed and replaced by theSecurity and Related Activities (Control)Act 1996.

Security and Related Activities(Control) Act 1996

Po Licensing (security and inquiryactivities), registration, entryrequirements (training, character,possible medical exam forsecurity officers), the reservationof practice, and business conduct(operating restrictions, noadvertise unless licensed),business licensing.

Review by WA Police Service completed.Review involved no consultation. Thereview concluded the security and relatedindustries need statutory control to ensurehigh standards and to instill publicconfidence, especially in the area of crowdcontrol. The review concluded that thelegislation is effective and provides thenecessary controls to maintain and improvethe industry.

The Government endorsed the reviewrecommendation in 2000.

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Seeds Act 1981 andRegulations

Ag Review not required. Legislation to be repealed.

Settlements Agents Act 1981and Regulations

DCEP Licensing, entry requirements(qualifications, two yearsexperience, age, good character,fit and proper person, materialand financial resources, residentin WA), the reservation ofpractice, business conduct(supervision, trust accounts,maximum fees, professionalindemnity insurance, fidelityfund), and business licensing.

Departmental review underway. Adiscussion paper was sent to industryparticipants and the Consumer Associationof WA. Consultation was conducted througha reference group comprising industry, theSettlement Agents Board and consumerrepresentatives.

Shipping and Pilotage Act1967 and Regulations

PI Governs pilotage services(licensing, competitive neutralityissues).

Act to be repealed.

Small Business DevelopmentCorporation Act 1983

SBDC Differential treatment ofbusinesses.

Review completed. Review found theeffects of the restrictions on competition tohave no practical importance.


Small Business Guarantees Act1984 and Regulations

SBDC Differential treatment. Review not required. Act to be repealed.

Soil and Land ConservationAct 1945 and Regulations

Ag Market power. Soil conservationnotices, rates and servicecharges, clearing controls, and 90day notice to clear or drain land.

Review completed. Legislation retained without reform.

South Fremantle OilInstallations Pipeline Act 1948

HW Licensing. Review completed in 1998. Act retained without reform.

State Employment and SkillsDevelopment Authority Act1990 and Regulations

DT Licensing. Review not required. Act repealed and replaced by theVocational Education and Training Act1996.

State Superannuation Act2000

GESB Limits on choice of fundmanagers.

Review underway.


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State Supply Commission Act1985 and Regulations

HW Differential treatment. Minor amendment being progressed.

State Trading Concerns Act1916

TF The Act prohibits the Governmentfrom entering into or establishingany trading concern, exceptwhere the entity has beenestablished under specificenabling legislation; has beenestablished as a 'trading concern'under the Act; or is a departmentand has been authorised by theTreasurer under the Act togenerate revenue from specifiedactivities.

Review completed in 1998. It concludedthat while the legislation restricts thefreedom with which government agenciescan enter markets for goods and services italso reduces the risk that Government willbecome involved in inappropriate ventures.Recommended the restriction be retained.


Statutory Corporations(Liability of Directors) Act1996

J Differential treatment ofdirectors.

Review not required. Assessment of theeffects of the potential restriction indicatedthat it does not give rise to significant costsor benefits. In view of this the Act wasconsidered to not give rise to a restrictionon competition. The 1998 amendmentsimpose similar constraints on directors ofstatutory corporations as apply to privatecorporations, and therefore does not giverise to restrictions on competition.


Stipendiary Magistrates Act1957

J Act to be repealed.

Stock (Identification andMovement) Act 1970

Ag Branding of human food and fibreproducing animals.Documentation when movingstock.

Review by officials completed. It foundsome scope for easing restrictions on horseowners.

Stock Disease (Regulations)Act 1968

Ag Restricts importation of stock ongrounds of disease control.Requires stockholders to controland notify of diseases.

Review by officials completed. Itrecommended no change.

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Strata Titles Act 1985 andRegulations

LA Only licensed surveyors can'certify' a strata plan, survey-strata plan, or notice ofresolution where a stratacompany is requesting aconversion from a strata schemeto a survey-strata scheme.

Review, in conjunction with the LicensedSurveyors Act 1909, completed in 1998.Review concluded restrictions are in thepublic interest and should be retained.

The Government endorsed the reviewrecommendation.

Street Collections RegulationAct 1940 and Regulations

DCEP Licensing. Legislation to be repealed and replacedby the Public Collections Bill.

Subiaco Redevelopment Act1994

PI • redevelopment control of thearea;

• the compulsory taking of land;

• subdivision approval fromMinister rather than the StatePlanning Commission; and

• Treasurer's guarantee of loans.

Review completed in 1997. The report hasfound that effects of the restrictions oncompetition are relatively minor. The reportconcluded that the restrictive elements ofthe legislation need to be retained toachieve the objectives of the Act. Thereport also finds that there would besubstantial costs associated with removingthe restrictions, particularly at this stage ofthe Authority's work. There are noacceptable alternatives to achieving theobjectives of the three restrictions relatingto the powers of the Authority. The powersare necessary to remedy the existingenvironmental problems and achieveredevelopment consistent with the visionfor the area. At this stage of the Authority'sactivities, it would not be feasible to modifythe regulatory framework. The restrictionsrelating to the internal running of theAuthority stem from the Authority's statusas a government agency and thereforecannot be removed. Recommendedretaining the restrictions on the grounds ofpublic interest.



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Suitors Fund Act 1964 J Differential treatment of largecompanies and Crown Agencies.

Review completed in 1997. The reviewnoted that all litigants are required tocontribute to a fund which is used to defraylegal costs where a court decision isreversed on a 'point of law' appeal orwhere the proceedings are aborted.However, companies with a paid up capitalof $200 000 or more and Crown agenciesare barred from access to the Fund torecover such legal costs. Recommendedremoving the bar on companies with paidup capital of $200,000 or more.

The Government endorsed the reviewrecommendations. Amendments to bemade to the Act.

Swan River Trust Act 1988 andRegulations

WRC Licensing. Limitations ondevelopment activity that can beundertaken in the area under thecontrol of the Swan River Trust;and limitations on non-development activity (includingadvertising) that can beundertaken in the area under thecontrol of the Swan River Trust.

Review completed in January 2000. Reviewrecommended restrictions be retained.

The Government endorsed the reviewrecommendation that restrictions beretained on 14 August 2000.

Taxi Act 1994 andRegulations, and AmendmentRegulations 1997

PI Limitation on number of taxilicences.

Review completed in August 1999.Recommended removal of all licencenumber restrictions, buy-back of existinglicences at full market value, and limit innew licence issues to 20 per cent perannum.

Tenders called for release of a limitednumber of restricted (peak period andwheelchair accessible taxi) licences.Ministerial Advisory Committeeestablished to recommend on a feasiblemechanism for licence buy-backs.

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Texas Company (Australasia)Limited (Private) Act 1928

HW The Act define the relationships,rights and duties of oilcompanies, local governmentauthorities and the Minister forWorks in relation to theconstruction, operation andmaintenance of pipelines onpublic lands. These duties andpowers of the State and localgovernments constituterestrictions on the commercialactivities of the oil companies.

Review completed in 1998. It consideredthe restrictions do not impose significantcosts on the oil companies, or costadvantages or disadvantages on particularoil companies that are of sufficientmagnitude to affect competition betweenthe companies. The public benefits ofrestrictions were assessed to be: minorcost savings in management of municipalinfrastructure from coordination inplanning, construction and maintenance ofmunicipal infrastructure and oil facilities;minimising public inconvenience duringconstruction and maintenance activities onpublic land; and ensuring properrestoration of municipal infrastructurewhere this has been disturbed due toconstruction or maintenance activities bythe oil companies. It concluded that due tothe potential public benefits and theabsence of significant costs or effects oncompetition, the restrictions arising fromthe legislation are either in the publicinterest due to current or potential futurebenefits, or have no current or potentialfuture impact.


Tobacco Control Act 1990 DH Differential treatment, andlicensing.

Review underway.


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Totalisator Agency BoardBetting Act 1960 and Rulesand Regulations

RGL Restrictions on events andprescription of circumstancesunder which betting may occur;restrictions on persons andorganisations able to conductbetting; constraints and costsimposed on bookmakers andoperators of totalisatorsgenerally; constraints and costsimposed on racing clubs,authorities controllingracecourses andowners/occupiers of premises;constraints and costs imposed onpunters; constraints and costsimposed specifically on the TAB:and competitive neutrality of theTAB.

Review, in conjunction with the BettingControl Act 1954, completed in 1998.

Of the 42 restrictions analysed in thereview, the legislative provisions pertainingto 20 restrictions were recommended forrepeal or amendment including:

• relaxing restrictions on the operation oftotalisators other than by the TAB;

• relaxing restrictions on bookmakers andtheir operations;

• removing limits on bets in theregulations, leaving the racing clubs toset limits as they see fit; and

• relaxing some restrictions on theoperations of the TAB.

The legislative provisions giving rise to theremaining restrictions were assessed asbeing in the public interest andrecommended for retention.

The Government endorsed the reviewrecommendations. Recommendationsare being implemented via the BettingLegislation Amendment Bill 2001 andthe Acts Amendment and Repeal(Competition Policy) Bill.

Transport Co-ordination Act1966 and Regulations

PI Restrictions relate to provisionsfor the Minister to borrow fundsand make payment of subsidiesto providers of transport services.Also included are a range ofprovisions, powers andrequirements related to thelicensing of vehicles used forcommercial purposes and theregulation of transport servicesprovided by these vehicles.

Review completed. The reviewrecommended: removal of provisionsrelating to the licensing of ships engaged incoastal trade; removing generalrequirements for public vehicles (otherthan ships) to be licensed; and limitinglicence fees to an amount sufficient torecover costs incurred in administering therelevant licence system and associatedregulatory activities.

The Government endorsed the reviewrecommendations in November 2000.Airport movement tax being phased outover 3 years.

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Travel Agents Act 1985 andRegulations

DCEP Licensing and compulsoryconsumer compensation fund.

National review underway (coordinated byWA). A final review report by the Centre forInternational Economics (CIE) was releasedin 2000. Public consultation involvedrelease of issues paper, background paper,consultation and receiving submissions.Review recommended that entryqualifications for travel agents be removedand maintain compulsory insurance, butrecommended the requirement for agentsto hold membership of the TravelCompensation Fund, the compulsoryinsurance scheme, be dropped. Instead, acompetitive insurance system whereprivate insurers compete with the TravelCompensation Fund was viewed as the bestoption.

Trustees Companies Act 1987 J Competitive neutrality, andlicensing.

Review completed in 1998. Recommendedretention on limits on borrowings andloans, and lessening of barriers to entry.

Amendment deferred pendingenactment of proposed national uniformtrustee company laws, which arecurrently being reviewed by thesecretariat of the Standing Committeeof Attorneys General (SCAG).

University Colleges Act 1926 DES Competitive neutrality, andmarket power.

Review by officials completed 1998.Concluded that the restrictions are in thepublic interest given the quality of pastoralcare provided to students by universitycolleges.


University Medical SchoolTeaching Hospitals Act 1955


University of Notre DameAustralia Act 1989


Review by officials completed in 1998.Recommended that investment provisionsbe consistent between universities.



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University of Western AustraliaAct 1911


Review by officials completed in 1998.Recommended that investment provisionsbe consistent between universities.


Valuation of Land Act 1987 PI Valuer-General powers andactivities.

Review completed in 1998. Reviewundertaken by intraagency committee.Public consultation involved submissionsfollowing release of an information paper.Recommended less narrowly definedeligibility for the position of Valuer General(dropping requirement to be a member ofthe Australian Property Institute), removingrestriction that any person makingvaluation for rating and taxing purposesmust be licensed under Land ValuersLicensing Act, and encouraging greater flowof information for the purposes of makingvaluations.


Veterinary Preparations andAnimal Feeding Stuffs Act1976

Ag Premises and products to beregistered, and restrictions onpackaging and labeling.

Minimum qualifications foranalysts, advertising restrictions.

Review as part of the national reviewcompleted in 1999. See the Agriculture andVeterinary Chemicals (Control of Use) Act1992 (Victoria).


Veterinary Surgeons Act 1960 Ag Licensing of veterinary surgeonsand hospitals, reservation ofpractices, reservation of title,advertising restrictions, andcontrols on business names.

Review underway.

Video Tape Classification andControl Act 1987

J Licensing. Act repealed and replaced by theCensorship Act 1996.

Vocational Education andTraining Act 1996

DT Registers training providers andaccredits training courses.

Review by an independent consultantcompleted. Concluded that public benefitsof restrictions outweigh costs.


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Water Services CoordinationAct 1995 - Part 2 of 2: WaterServices Coordination(Plumbers Licensing)Regulations 2000

OWR Plumbers - licensing, registration,entry requirements (competencyor six years experience andqualification, fit and proper,reservation of practice (eitherlicensed or under supervision oflicensed), and disciplinaryprocesses.

Review of the Water Services CoordinationAmendment Act 1999 completed. Reviewrecommended retaining restrictions toprevent unlicensed persons performingplumbing work and maintaining the powerof the Board to set licence conditions.


Weights and Measures Act1915 and Regulations

DCEP Review underway. The Ministry of FairTrading is planning to introduce newlegislation in 2001 that will replicate theuniform legislation operating in otherjurisdictions and thereby contribute tonational consistency. A preliminary NCPassessment was completed on an earlierdraft of the new Bill but will need to berevisited once a final Bill has beenprepared.

Western Australian GreyhoundRacing Authority Act 1981

RGL Differential treatment. Review completed. Review recommendedremoval from the WA Greyhound RacingAuthority Act 1981 of the arbitrary limit onthe number of meetings the WA GreyhoundRacing Association may conduct. It alsorecommended that the provisionscontained in the Act which establishcentralised control of greyhound racing arein the public interest and should beretained. However, the establishment of anindependent regulator should be consideredif it is demonstrated that the Authority hasimproperly used its power to favour itsracing activities.

The Government endorsed the reviewrecommendations. Recommendationsare being implemented in the ActsAmendment and Repeal (CompetitionPolicy) Bill.


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Western Australian LandAuthority Act 1992

WALA The WA Land Authority'sexemption from rates and taxes.

The Authority's power tocompulsorily acquire land.

The requirement to seek pre-approval from the Minister oncontracts.

Restrictions on the Authority'sretail activities in the higher endof the residential land market.

Review completed in 1997. Recommended:

• the Authority be subject to a taxequivalent regime and pay to theTreasurer an amount equivalent to allrates and taxes imposed on private landdevelopers that the Authority is currentlynot obliged to pay;

• removing the section of the Act allowingthe Authority's power to compulsorilyacquire land;

• amending that legislation to allowcontracts to be agreed subject toMinisterial approval; and

• exempting surplus public sector landassets and urban renewal projects fromthe restrictions on the Authority's retailactivities in the higher end of theresidential land market.

The Government endorsed the reviewrecommendations. The amendment Billwas passed on 6 July 2000.

Western Australian Marine(Hire and Drive Vessels)Regulations 1983

PI Licensing. Legislation to be repealed.

Western Australian Marine Act1982

PI Licensing. Act to be repealed.

Western Australian MeatIndustry Authority Act 1976

Ag Controls on abattoir capacity,controls on branding, andregulations of saleyards, abattoirsand processing works.

Review by officials completed in 1998. Itrecommended: removing controls onabattoir capacity and regulation ofsaleyards; retaining controls on branding;and retaining regulation of abattoirs andprocessing works.

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Western Australian ProductSymbols Act

HW The symbols are able to be usedby eligible businesses free ofcharge and may present a slightadvantage to WA businesses andproducts in home markets.

Review completed. The review found thatthe symbols do not comprise a significantrestriction in their own right, but due totheir widespread success and recognition,they now influence consumer behaviour inWA. Their use may therefore confer acompetitive advantage on qualifyingbusinesses and products, which couldpotentially lead to an ability to chargemarginally higher prices or obtain a highermarket share.

Alternatively, when viewed as a labelingmechanism, the symbols may do no morethan provide consumers with the necessaryinformation to purchase local products orsupport local business according to theirinclination. The review noted someimportant spin-off benefits from thesymbols in growing the WA economy andnoted their popularity among consumers.

The review concluded that, on the balanceof probabilities, the benefits of the currentmodel outweigh its minor costs and thatthe Act should be retained.


Western AustralianReproductive TechnologyCouncil (Nominating Bodies)Regulations 1992 andDirections

DH Review deferred. Replacement legislation to be developedwhich will obviate the need for review.


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Western Australian TreasuryCorporation (Amendment) Bill1997

TF The Act provides an exemption tothe Corporation from Stateduties, imposts or taxes. Theamendment Bill weakened thisrestriction by removing theCorporation's outright exemption,but allows the Treasury to grantan exemption where it isconsidered to be in the publicinterest.

Review completed. Review found that thepotential effects of the Treasurer using hisdiscretion to exempt the Corporation fromcertain taxes, duties or imposts wereminor. The Treasurer is only likely to grantan exemption if the securities issued by theCorporation are at an unfair competitivedisadvantage to securities issued by theCommonwealth and other governmentborrowers. Recommended retaining therestriction.


Western Australian TreasuryCorporation Act 1986

TF The Act provides an exemption tothe Corporation from Stateduties, imposts or taxes. Theamendment Bill weakened thisrestriction by removing theCorporation's outright exemption,but allows the Treasury to grantan exemption where it isconsidered to be in the publicinterest.

Review completed in 1997. The reviewfound that the potential effects of theTreasurer using his discretion to exemptthe Corporation from certain taxes, dutiesor imposts were minor. The Treasurer isonly likely to grant an exemption if thesecurities issued by the Corporation are atan unfair competitive disadvantage tosecurities issued by the Commonwealthand other government borrowers.Recommended retaining the restriction.


Wheat Marketing Act 1989 Ag Imports Commonwealth Act intoState jurisdiction.

Wild Cattle Nuisance Act 1871 Ag Regulates the destruction of wildcattle.

Review by officials completed. Itrecommended repealing the Act as it isredundant.

Act to be repealed.

Wildlife Conservation Act 1950 CALM Review not required. Act to be repealed.

Workers' Compensation andRehabilitation Act 1981

WCRC Mandatory insurance, licensedinsurers, and centralisedpremium setting.

Review underway. Public advertisementand call for submissions was made 20December 2000.

Documents

6 Western Australia - ncp.ncc.gov.auncp.ncc.gov.au/docs/LECo-008.pdf · 6 Western Australia Page 209 Name of legislation Agency Major restrictions Review activity Reform activity