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					Legislation Review Database for Western Australia

Agency abbreviations

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

A            Department of Agriculture
BAG          Board of the Art Gallery of Western Australia
CALM         Department of Conservation and Land Management
CEP          Department of Consumer and Employment Protection
CD           Department for Community Development
CHA          Country Housing Authority
CSB          Coal Industry Superannuation Board
DT           Department of Training
EP           Department of Environmental Protection
ES           Department of Education Services
EPRA         East Perth Redevelopment Authority
F            Department of Fisheries
FESA         Fire and Emergency Services Authority
FPC          Forest Products Commission
GESB         Government Employee Superannuation Board
H            Department of Health
HW           Department of Housing and Works
IA           Department of Indigenous Affairs
IC           Insurance Commission
IT           Department of Industry and Technology
J      Department of Justice
LA     Department of Land Administration
LGRD   Department of Local Government and Regional Development
MPR    Department of Mineral and Petroleum Resources
OE     Office of Energy
P      Police Service
PC     Department of the Premier and Cabinet
PI     Department of Planning and Infrastructure
PTT    Perth Theatre Trust
RGL    Office of Racing, Gaming and Liquor
SBDC   Small Business Development Corporation
SR     Department of Sport and Recreation
TF     Department of Treasury and Finance
WALA   Western Australian Land Authority
WR     Office of Water Regulation
WRC    Water and Rivers Commission
WS     Works and Services
WCRC   Workers Compensation and Rehabilitation Commission




                                                                 2
Name of legislation            Agency Major restrictions                     Comments on review                    Report          Comments on reform
                                                                                                                   availability
Aboriginal Affairs Planning    IA      Access to Aboriginal lands is        Review completed in 1997. Concluded Subject to         No change.
Authority Act 1972 and                 restricted. Provision of finance for that both restrictions protect the     Ministerial
Regulations                            Aboriginal enterprises which         residents of Aboriginal Lands and      approval
                                       enables finance to be provided to enable support for Aboriginal
                                       Aboriginal enterprises through       enterprises that could reduce reliance
                                       the Aboriginal Trading fund,         on welfare and other transfer
                                       which may have competitive           payments. The costs are estimated to
                                       advantages over private sector       be minimal, but achieve significant
                                       lenders.                             public benefits. Recommended
                                                                            retaining the restrictions.

                                                                             Government endorsed the
                                                                             recommendations of the review.
Aboriginal Communities Act 1979 IA     Section 7(1) empowers a               Review completed in 1997. Concluded Subject to        No change.
and By-laws                            community to which the act            that effects on the general economy     Ministerial
                                       applies to make by-laws relating      are not significant. Non-legislative    approval
                                       to the community lands of that        alternatives were considered, but it is
                                       community for or with respect to:     considered that the provision of
                                                                             powers to Aboriginal communities to
                                          the prohibition or regulation     regulate access to community lands is
                                           of the admission of persons,      necessary and that no less restrictive
                                           vehicles and animals to the       means are available to fulfil the
                                           community lands or a part of      purpose of the act and maintain the
                                           the community lands; and          level of public benefit. Recommended
                                          the prohibition, restriction or   retaining the powers of the
                                           regulation of the possession,     communities to regulate access and
                                           use or supply of alcoholic        the availability of deleterious
                                           liquor or deleterious             substances on the grounds of public
                                           substances.                       health and cultural preservation.

                                                                             Government endorsed the
                                                                             recommendations of the review.




                                                                                                                                                        3
Name of legislation           Agency Major restrictions                 Comments on review                     Report         Comments on reform
                                                                                                               availability
Aboriginal Heritage Act and   IA      Access to Aboriginal lands        Review completed in 1997. Concluded Subject to        No change.
Regulations 1974                      containing protected sites is     the restriction protects the cultural  Ministerial
                                      restricted.                       heritage of the State and ensures that approval
                                                                        sites of historical and cultural
                                                                        significance are not damaged or
                                                                        destroyed. Noted the restrictions on
                                                                        competition contained in the
                                                                        legislation are in the public interest
                                                                        and should be retained.

                                                                        Government endorsed the
                                                                        recommendations of the review.
Administration Act 1903 and   J       The Act treats natural persons    Review completed in 1997. The            Subject to   Amendments made under the
Regulations                           differently from other classes of restriction has no costs, but provides Ministerial    Acts Amendment and Repeal
                                      administrators of intestate       benefits by placing natural person       approval     (Financial Sector Reform) Act
                                      estates as regards a requirement administrators on a level playing field                1999 removed the restrictions
                                      to obtain surety.                 with other classes of administrators. It              that were to be addressed
                                                                        does so because other administrators                  through the recommendations of
                                                                        are already subject to similar                        the NCP review of this Act.
                                                                        safeguards to protect deceased
                                                                        estates, by other means.
                                                                        Recommended retaining the restriction
                                                                        as it was found to be in the public
                                                                        interest.

                                                                        Review also recommended:
                                                                        broadening the range of financial
                                                                        institutions covered by a provision
                                                                        that grants them protection to pay
                                                                        funds from a deceased estate, up to a
                                                                        maximum amount, for funeral or other
                                                                        authorised purposes prior to
                                                                        administration of the estate; and
                                                                        making this maximum amount
                                                                        consistent with corresponding
                                                                        provisions of the Financial Institutions
                                                                        Code (WA).




                                                                                                                                                         4
Name of legislation                 Agency Major restrictions                  Comments on review                         Report         Comments on reform
                                                                                                                          availability
Aerial Spraying Control Act 1966    A       Licensing of aerial spray          National review completed in 1999.         Publicly       Act to be repealed upon
                                            contractors.                                                                  available      enactment of the Agricultural
                                                                                                                                         Management Bill, which is
                                                                                                                                         currently being drafted.
Agricultural Produce (Chemical      A       Restrictions on chemically        Not listed on Western Australia’s           Publicly       Act to be repealed upon
Residues) Act 1983 and                      affected produce (eg. on sale,    review schedule.                            available      enactment of the Agricultural
Regulations                                 movement or destruction).                                                                    Management Bill, which is
                                            Minimum qualifications for                                                                   currently being drafted.
                                            analysts.
Agricultural Products Act 1929      A       Regulates the packing and sale of Review completed. Recommended               Subject to     Review recommendations are
and Regulations                             agricultural products.            repealing all codes and replacing these     Ministerial    being implemented through the
                                                                              with regulations on labelling.              approval       Agricultural Management Bill,
                                                                                                                                         which is currently being drafted.
Agricultural Protection Board Act   A       None.                              Review, in conjunction with review of      Subject to     No change.
1950                                                                           other agricultural protection Acts,        Ministerial
                                                                               completed by officials. It found the Act   approval
                                                                               did not restrict competition.
Agriculture Act 1988                A       None.                              Review, in conjunction with review of      Subject to     No change.
                                                                               other agricultural protection Acts,        Ministerial
                                                                               completed by officials. It found the Act   approval
                                                                               did not restrict competition.
Agriculture and Related Resources A         Restricts importation of some      Review, in conjunction with review of      Subject to     Review recommendations are
Protection Act 1976 and                     plants or animals. Requires        other agricultural protection Acts,        Ministerial    being implemented through the
Regulations                                 landholders to control pests and   completed by officials. It found the Act   approval       Agricultural Management Bill,
                                            diseases. Spraying regulations.    did not restrict competition. It                          which is currently being drafted.
                                            Raises rates on pastoral land.     recommended:
                                            Restricts the storage of
                                            agricultural chemicals.               repealing the spraying regulations
                                                                                   (as when amendments are made
                                                                                   to Health (Pesticides) Regulations
                                                                                   1956) so that aerial operators are
                                                                                   subject to the same licensing
                                                                                   regimes as other pesticide
                                                                                   operators; but
                                                                                  retaining powers to control use
                                                                                   and other restrictions.




                                                                                                                                                                         5
Name of legislation              Agency Major restrictions                  Comments on review                     Report         Comments on reform
                                                                                                                   availability
Agriculture and Veterinary        A      Imports the Agricultural and       National review completed in 1999      Publicly       See Commonwealth Agricultural
Chemicals (Western Australia) Act        Veterinary Chemicals Code          (see Commonwealth Agricultural and     available      and Veterinary Chemicals Code
1995 and Regulations                     (national registration scheme)     Veterinary Chemicals Code Act 1994).                  Act 1994.
                                         into State jurisdiction (see
                                         Commonwealth Agricultural and
                                         Veterinary Chemicals Code Act
                                         1994).
Albany Port Authority Act 1926   PI      Restrictions on market entry and   Not reviewed.                          No report      Act repealed. Replaced by generic
and Regulations                          conduct.                                                                                 Port Authorities Act 1998.
Albany Woollen Mills Agreement   PI      Differential treatment.            Not reviewed.                          No report      Repealed.
Act 1976
Anatomy Act 1930                 H       Licensing.                         Review completed in 2000. The review Subject to       No change.
                                                                            found that the Act contained no      Ministerial
                                                                            restrictions that had any effect on  approval
                                                                            competition so as to warrant
                                                                            assessment.




                                                                                                                                                               6
Name of legislation              Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                       availability
Anglo-Persian Oil Company        HW      The Acts define the relationships, Review completed in 1998. Review           Subject to     No change.
Limited (Private) Act 1919               rights and duties of oil           identifies public benefits of restrictions Ministerial
                                         companies, local government        identified as: minor cost savings in       approval
                                         authorities and the Minister for   management of municipal
                                         Works in relation to the           infrastructure arising from
                                         construction, operation and        coordination in planning, construction
                                         maintenance of pipelines on        and maintenance of municipal
                                         public lands. These duties and     infrastructure and oil facilities;
                                         powers of the State and local      minimisation of public inconvenience
                                         governments constitute             during construction and maintenance
                                         restrictions on the commercial     activities on public land; and ensuring
                                         activities of the oil companies.   proper restoration of municipal
                                                                            infrastructure where this has been
                                                                            disturbed as a result of construction or
                                                                            maintenance activities by the oil
                                                                            companies.

                                                                             Review concluded that the restrictions
                                                                             arising from the legislation are either
                                                                             in the public interest due to current or
                                                                             potential future benefits, or have no
                                                                             current or potential future impact.

                                                                             Government endorsed the review
                                                                             recommendations.
Animal Resources Authority Act   H       None.                               Review by officials found the Act          Subject to    No change.
1981                                                                         contained no restrictions on               Ministerial
                                                                             competition.                               approval




                                                                                                                                                           7
Name of legislation       Agency Major restrictions                    Comments on review                        Report         Comments on reform
                                                                                                                 availability
Architects Act 1921 and   HW      Registration, entry requirements,    National review conducted by the PC       Publicly       A States and Territories working
Regulations                       reservation of title, disciplinary   completed in August 2000 (publicly        available      group is developing a national
                                  processes, business conduct          released November 2000) (Previous                        response to the PC review.
                                  (including require Architects        State review commenced but not
                                  Board approval for advertising),     completed). PC review involved public                    The Architects Act Amendment
                                  business licensing.                  consultation via public release of                       Bill is being drafted and will be
                                                                       issues paper, draft report,                              introduced in the 2002 Autumn
                                                                       consultation, public hearings and                        Session of Parliament. The
                                                                       receiving submissions. Review                            drafting instructions are currently
                                                                       recommended repeal of Act. The State                     being examined by the
                                                                       review and its recommendations were                      Legislation Standing Committee
                                                                       endorsed by Cabinet on 17 December                       of Cabinet.
                                                                       2001. The review found the Act should
                                                                       be amended as follows:

                                                                          composition of the Architects
                                                                           Board will be broadened with
                                                                           consumer and educational
                                                                           representatives;
                                                                          removal of the restrictions on
                                                                           ownership or control of
                                                                           corporations or firms; and
                                                                          removal of restrictions on age,
                                                                           advertising, and use of derivatives
                                                                           of the word architect where such
                                                                           use is not false or misleading.




                                                                                                                                                               8
Name of legislation    Agency Major restrictions                   Comments on review                      Report         Comments on reform
                                                                                                           availability
Art Gallery Act 1959   BAG     The Act provides that works of      Review completed. Concluded that the Subject to        No change.
                               art shall not be sold or exposed    intended effect of the restriction on   Ministerial
                               for sale in the Art Gallery or in   the sale of artworks is to maintain the approval
                               any other places under the sole     Gallery's status as the premier visual
                               management and control of the       art collection and display institution
                               Board. This imposes a               and ensure that the Gallery is not
                               discriminatory restriction on       diverted to overtly commercial
                               competition by not allowing         operations.
                               private owners to sell works of
                               art from the Gallery whilst        Recommended amending the Act to
                               allowing the Board to exempt       give the Board discretionary powers in
                               governments or other art           the sale of artworks in the Art Gallery
                               galleries from this provision.     or in any other place under the
                                                                  management and control of the Board.
                               Regulations specifying the         The proposed amendment would allow
                               conditions and restrictions under the Gallery some flexibility to sell
                               which the public may be allowed artworks from its premises should the
                               to examine works of art in the Art need or desire arise.
                               Gallery and other places under
                               the management and control of      In May 2002 Government endorsed
                               the Board.                         the Minister’s decision not to support
                                                                  the review’s recommendation to
                                                                  amend the Act to give the Board of
                                                                  the Art Gallery discretionary powers in
                                                                  the sale of art works in the Art Gallery
                                                                  or in any other place under the
                                                                  management and control of the Board.

                                                                   The restrictions on the sale of art
                                                                   works have minimal impact on those
                                                                   wishing to sell their artwork as the Art
                                                                   Gallery typically refers queries
                                                                   regarding the purchase of art works to
                                                                   the relevant owner.




                                                                                                                                               9
Name of legislation                Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                        availability
Artificial Breeding of Stock Act   A       Restricts premises for supplying    Review by officials, in conjunction with Subject to     Review recommendations are
1965                                       semen and other reproductive        review of a range of other agricultural Ministerial     being implemented through the
                                           material.                           protection Acts, completed               approval       Agricultural Management Bill,
                                                                               recommended:                                            which is currently being drafted.
                                           Licenses artificial breeders.
                                           Restricts the importation of           repealing all restrictions;
                                           reproductive material.                 introducing new less restrictive
                                                                                   regulations on control of diseases;
                                                                                   and
                                                                                  voluntary licensing of artificial
                                                                                   breeders.

Auction Sales Act 1973 and         CEP     Licensing of auctioneers, entry     Review underway. Discussion paper
Regulations                                requirements (fit and proper        released in September 2000 inviting
                                           person, requires two years          submissions. Discussion paper
                                           experience on restricted licence    recommended that: the licensing
                                           before general licence), the        system be retained until a full
                                           reservation of practice, business   legislative review of the Act within the
                                           conduct (maintenance of records     next 12 months; unless justified by
                                           in relation to livestock and        new reasons arising from that review,
                                           vendor accounts).                   the licensing system be repealed; and
                                                                               if licensing, or some other form of
                                                                               occupational regulation, is justified
                                                                               after completion of a full legislative
                                                                               review, then the administration of
                                                                               such a system be the responsibility of
                                                                               a single Government organisation.
Australian Soccer Pools Bloc:      RGL     Licensing.                          No review undertaken                     No report      Act repealed and replaced by
Rules for Subscriber Participation                                                                                                     Lotteries Commission (Soccer
                                                                                                                                       Pools) Rules 1996.
Beekeepers Act 1963                A       Requires registration of all        Review by officials, in conjunction with Subject to     Review recommendations are
                                           beekeepers and branding of          review of a range of other agricultural Ministerial     being implemented through the
                                           hives. Restricts importation,       protection Acts completed. It            approval       Agricultural Management Bill,
                                           antibiotic use and testing.         recommended retaining all restrictions                  which is currently being drafted.
                                           Imposes standards on honey.         except to reconsider those relating to
                                                                               honey standards and nuisance
                                                                               provisions.




                                                                                                                                                                    10
Name of legislation            Agency Major restrictions   Comments on review                          Report         Comments on reform
                                                                                                       availability
Betting Control Act 1954 and   RGL     Licensing.          Review in conjunction with the              Publicly       Recommendations are being
Regulations                                                Totalisator Agency Board Betting Act        available      implemented via the Betting
                                                           1960, completed in 1998.                                   Legislation Amendment Bill 2001
                                                                                                                      and the Acts Amendment and
                                                           Of the 42 restrictions analysed in the                     Repeal (Competition Policy) Bill
                                                           review, the legislative provisions                         2002.
                                                           pertaining to 20 restrictions were
                                                           recommended for repeal or
                                                           amendment including:

                                                              relaxing restrictions on the
                                                               operation of totalisators other
                                                               than by the Totalisator Agency
                                                               Board;
                                                              relaxing restrictions on
                                                               bookmakers and their operations;
                                                              removing limits on bets in the
                                                               regulations, leaving the racing
                                                               clubs to set limits as they see fit;
                                                               and
                                                              relaxing some restrictions on the
                                                               operations of the Totalisator
                                                               Agency Board.

                                                           The legislative provisions giving rise to
                                                           the remaining restrictions were
                                                           assessed as being in the public
                                                           interest and recommended for
                                                           retention.

                                                           The Government endorsed the
                                                           recommendations of the review.




                                                                                                                                                  11
Name of legislation            Agency Major restrictions                    Comments on review                        Report         Comments on reform
                                                                                                                      availability
Biological Control Act 1986    A       Makes provision for the biological   Deleted from review schedule as the       No report      No change.
                                       control of pests in Western          CoAG Committee on Regulatory
                                       Australia. Complementary to          Reform determined that the legislation
                                       Commonwealth legislation. Act        has no anti-competitive impacts.
                                       does not restrict competition. Act
                                       requires a transparent public
                                       inquiry process and review to
                                       determine the net public benefit
                                       of a biological control release.
Boxing Control Act 1987 and    SR      Registration (boxers, trainers,      Department review completed in            Subject to     No change.
Regulations                            promoters and judges).               1997. Consultation involved               Ministerial
                                                                            submissions. Review found that the        approval
                                                                            restrictions were in the public interest.

                                                                         Government endorsed review.
Bread Act 1982                 CEP     Restrictions on market entry.     Review by officials completed. It            Subject to     Act to be repealed by Acts
                                       Restrictions on delivery time for recommended repeal of the Act.               Ministerial    Amendment and Repeal
                                       bread. Requirements for marking                                                approval       (Competition Policy) Bill 2002.
                                       vehicles delivering bread.
British Imperial Oil Company   MPR     Licensing.                        See comments of Anglo-Persian Oil            Subject to     No change.
(Private) Act 1925                                                       Company Limited (Private) Act 1919.          Ministerial
                                                                                                                      approval
                                                                            Government endorsed the review
                                                                            recommendations




                                                                                                                                                                  12
Name of legislation               Agency Major restrictions                  Comments on review                     Report         Comments on reform
                                                                                                                    availability
Builders Registration Act 1939    CEP     Licensing, registration, entry      Review, in conjunction with review of Subject to     CEP drafting amendments.
and Regulations                           requirements (training and seven the Home Building Contracts Act 1991, Ministerial
                                          years practical experience, age, was completed in 2002. Discussion        approval
                                          good character, 'sufficient         paper completed in June 2000.
                                          material and financial resources'), Proposed recommendations included
                                          the reservation of practice,        reducing restrictions on owner
                                          business licensing.                 builders, expanding the scope of
                                                                              conditional licences, and expanding
                                                                              the coverage of the Act to the whole
                                                                              State.

                                                                             In May 2002 the Government
                                                                             endorsed the review recommendations
                                                                             that the following restrictions on
                                                                             competition in the Act be amended:

                                                                               prohibition of unregistered
                                                                                builders to be amended to allow a
                                                                                limited number of builder
                                                                                categories consistent with the
                                                                                Building Code of Australia;
                                                                             conditional license: will be
                                                                                amended to allow all potential
                                                                                builders rather than just those
                                                                                who have practised in non-
                                                                                covered regional areas to obtain
                                                                                conditional registration; and
                                                                             journeyman builders: will be
                                                                                removed as a special case of
                                                                                conditional licences because it is
                                                                                redundant.
Building and Construction         DT      Differential treatment in regard  Review complete Intra and inter        Subject to      No change.
Industry Training Fund and Levy           to the imposition of the training agency consultation. Recommended       Ministerial
Collection Act 1990 and                   levy depending on industry sector restrictions be retained.              approval
Regulations                               and construction work threshold.
                                                                            Government endorsed review
                                                                            recommendations.




                                                                                                                                                              13
Name of legislation               Agency Major restrictions                    Comments on review                     Report         Comments on reform
                                                                                                                      availability
Bulk Handling Act 1967 and        A       Co-operative Bulk Handling           Review scheduled for 1999 but
Regulations                               Limited (CBHL) granted sole right    deferred pending a restructure of
                                          to receive and deliver grain until   CBHL and merger talks with the Grain
                                          31 December 2000.                    Pool of WA (monopoly grain
                                                                               marketer).

                                                                           Review has recommenced and will be
                                                                           finalised by June 2002.
Bunbury Port Authority Act 1909   PI      Restrictions on market entry and Not reviewed.                              No report      Act repealed and replaced by
and Regulations                           conduct.                                                                                   generic Port Authorities Act 1998.




                                                                                                                                                                  14
Name of legislation       Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                availability
Bush Fires Act 1954 and   FESA    Restriction on the lighting of fires Review completed in 1997. Concluded Subject to          Amendments being progressed
Regulations                       and the requirement to maintain the restriction on the lighting of fires Ministerial         via the Acts Amendment and
                                  fire breaks. This restriction        and the requirement to maintain fire     approval       Repeal (Competition Policy) Bill
                                  regulates the lighting of fires and breaks is a very minor restriction on                    2002.
                                  requires the maintenance of fire competition. This restriction is clearly
                                  breaks.                              in the public interest as it reduces the
                                                                       likelihood of fires. Recommended
                                  Requirement on local                 retaining the restriction.
                                  governments to provide
                                  firefighting equipment and insure Also noted that firefighting equipment
                                  voluntary firefighters.              is essential in combating bush fires
                                                                       and protecting the community. The
                                                                       extremely high potential cost of fire
                                                                       damage means local governments
                                                                       must be prepared. Volunteer
                                                                       firefighters are also essential in
                                                                       protecting communities from bush
                                                                       fires and therefore it is in the public
                                                                       interest for government to provide
                                                                       insurance to those who voluntarily risk
                                                                       their lives to protect the community.
                                                                       Recommended retaining the
                                                                       restriction.

                                                                      The review also recommended that
                                                                      Government businesses be subject to
                                                                      the same fire control requirements as
                                                                      other businesses.

                                                                      Government endorsed the
                                                                      recommendations of the review.




                                                                                                                                                            15
Name of legislation             Agency Major restrictions                  Comments on review                     Report           Comments on reform
                                                                                                                  availability
Business Franchise (Tobacco) Act H      A licence is required by any       Review completed in 1997. Concluded Subject to          No change.
1975                                    person wholesaling tobacco or      that although this licensing regime    Ministerial
                                        purchasing tobacco for retailing   restricts competition in the tobacco   approval
                                        from someone who is not a          wholesaling industry and by doing so
                                        licensed wholesaler, unless        keeps prices artificially inflated, it
                                        purchase is exempt.                thereby reduces consumption, and
                                                                           was found to be in the public interest
                                                                           on public health grounds.
                                                                           Recommended retaining the
                                                                           restriction.

                                                                           The Government endorsed the
                                                                           recommendations of the review.
Camballin Farms (AIL Holdings   LA      Differential treatment             Not for review as Act will be repealed. No report       To be repealed in the Statutes
Pty Ltd) Agreement Act 1985                                                                                                        (Repeals and Minor Amendments)
                                                                                                                                   Omnibus Bill.
Caravan Parks and Camping       LGRD    Competitive neutrality, licensing. Review underway. The Caravan Parks
Grounds Act 1995                                                           and Camping Grounds Advisory
                                                                           Committee, a committee comprising
                                                                           government and industry
                                                                           representatives is considering matters
                                                                           to do with restrictions in both the Act
                                                                           and associated regulations.


Carnarvon Banana Industry       A       Trust fund provides compensation Review completed. It recommended            Subject to    The Act was repealed on 28 June
(Compensation Trust Fund) Act           for storm damage that restricts    that the Act be repealed.                 Ministerial   2000.
1961                                    the entry of potential insurers to                                           approval
                                        this market. Subsidised
                                        compensation is available only to
                                        Carnarvon growers.




                                                                                                                                                              16
Name of legislation                 Agency Major restrictions         Comments on review                      Report         Comments on reform
                                                                                                              availability
Carnarvon Irrigation District By-   WRC     Differential treatment.   Review by Water and Rivers              Subject to     No change.
laws                                                                  Commission completed in January         Ministerial
                                                                      2000. Minor restrictions justified on   approval
                                                                      public welfare grounds to maintain
                                                                      security of supply and safeguard
                                                                      infrastructure.

                                                                      The Government endorsed the
                                                                      recommendations of the review.

                                                                      Proposals under way to transfer
                                                                      management of irrigation scheme to
                                                                      local control.




                                                                                                                                                  17
Name of legislation        Agency Major restrictions                  Comments on review                        Report         Comments on reform
                                                                                                                availability
Casino (Burswood Island)   RGL     Licences, restrictions on games,   Review completed in 1998. The             Publicly       No change.
Agreement Act 1985 and             regulation of operations.          following restrictions found to be in     available
Regulations                                                           the public interest:
                                                                       limits on prizes and play amounts
                                                                           for amusement games with
                                                                           prizes;
                                                                       limits on the number of bingo
                                                                           permits;
                                                                       payout ratios and minimum and
                                                                           maximum wagers for minor
                                                                           lotteries;
                                                                       the ability to set licence fees and
                                                                           taxes should remain, measures
                                                                           taken to ensure that in future,
                                                                           competing casino operators are
                                                                           treated equally and that licence
                                                                           fees are limited to cost recovery;
                                                                       the licensing of casinos, games
                                                                           and the rules of games, and
                                                                           employees;
                                                                       the approval needed for Casino
                                                                           supply contracts;
                                                                       the ability of the Minister to
                                                                           approve certain ownership
                                                                           transactions and certain operating
                                                                           decisions;
                                                                       the restriction of the use of credit
                                                                           wagering at the Casino;
                                                                       the period of exclusivity for the
                                                                           Casino;
                                                                       the conditions imposed on new
                                                                           casinos beyond the period of
                                                                           exclusivity; and
                                                                       the monopoly over Casino style
                                                                           games and variants restricted to
                                                                           Burswood and any new casino
                                                                           beyond the period of exclusivity.

                                                                      Government endorsed the review
                                                                      recommendations. Main restrictions on
                                                                      conduct of casinos and casino games
                                                                      retained.
                                                                                                                                                    18
Name of legislation               Agency Major restrictions                  Comments on review                      Report          Comments on reform
                                                                                                                     availability
Cattle Industry Compensation Act A        Powers to nominated persons to Review by officials completed in 1998. Subject to           Review recommendations are
1965                                      inspect and destroy cattle for the It recommended:                         Ministerial     being incorporated into a
                                          purposes of disease control.                                               approval        replacement Act currently being
                                          Provision to raise a levy on the    retaining the restrictions; and                       drafted.
                                          sale of cattle.                     amending the Act to ensure that
                                                                                  compensation is only paid for
                                                                                  animals destroyed as a result of a
                                                                                  control program, which is of a
                                                                                  "sufficiently public good nature".

                                                                             Review endorsed by Government.
Cemeteries Act 1986               LGRD    Ability to control and manage a    Review completed. It recommended          Subject to    Department of Local Government
                                          cemetery;                          amending the Act so that a funeral        Ministerial   is currently drafting instructions
                                          Requirements in relation to the    director’s licence allows the holder to   approval      for the amendment
                                          place of burials;                  conduct funerals in all cemeteries in
                                          Ability to erect, add or remove    Western Australia. It recommended
                                          memorials; and                     that other restrictions be retained.
                                          Scope of funeral directors’
                                          licences.                          Review recommendations endorsed by
                                                                             Government.
Censorship Act 1996               J        Restrictions on the publication   Removed from review timetable.     No report            This Act replaces the Censorship
                                          and possession of a range of                                                               and Films Act 1947, Video Tape
                                          media.                                                                                     Classification and Control Act
                                                                                                                                     1987 and the Indecent
                                                                                                                                     Publication and Articles Act 1902.
Censorship and Films Act 1947     J       Licensing.                         Removed from review timetable.            No report     Repealed.
Charitable Collections Act 1946   J       Licensing.                         No review undertaken.                     No report     To be repealed upon the
and Regulations                                                                                                                      enactment of the Public
                                                                                                                                     Collections Bill. Cabinet approval
                                                                                                                                     to draft new legislation was
                                                                                                                                     obtained in August 2001.




                                                                                                                                                                  19
Name of legislation               Agency Major restrictions                    Comments on review                        Report         Comments on reform
                                                                                                                         availability
Chicken Meat Industry Act 1977    A       Prohibits supply of chickens     Review completed in 1997,                     Subject to     Review recommendations being
and Regulations                           unless under an agreement        recommending that restrictions on             Ministerial    implemented through the Acts
                                          approved by the Industry         producer entry and individual                 approval       Amendment and Repeal
                                          Committee. Processing plants and negotiations are removed and other                           (Competition Policy) Bill 2002
                                          growing facilities must be       restrictions are retained.                                   currently being drafted. This Bill
                                          approved.                                                                                     will be introduced to Parliament
                                                                                                                                        in the 2002 Spring Session.

Chiropractors Act 1964            H       Entry, registration, title, practice, New health practitioner legislation is   Key
                                          discipline.                           being drafted in accord with NCP         Directions
                                                                                principles following Key Directions      report
                                                                                paper, which was released in June        available
                                                                                2001.
City of Perth Parking Facilities Act PI   Licensing.                            Not reviewed.                            No report      Repealed.
1956 and Regulations
Coal Industry Superannuation Act CSB      Competitive neutrality.              Review deferred pending expected
1989                                                                           changes to Commonwealth
                                                                               superannuation industry regulatory
                                                                               framework.
Commonwealth Oil Refineries       MPR     Licensing.                           See comments of Anglo-Persian Oil         Subject to     No change.
Limited (Private) Act 1940                                                     Company Limited (Private) Act 1919.       Ministerial
                                                                                                                         approval
                                                                               Government endorsed the review
                                                                               recommendations
Community Services Act 1972       CD      Licensing.                           Review under way. Currently at the
and Community Services (Child                                                  public consultation stage.
Care) Regulations 1988




                                                                                                                                                                      20
Name of legislation     Agency Major restrictions                Comments on review                    Report         Comments on reform
                                                                                                       availability
Conservation and Land   CALM    Exclusive control and              An independent economic adviser     Subject to     Changes to regulations
Management Act 1984             management of State forests by reviewed the Act prior to its           Ministerial    influencing the beekeeping
                                the Conservation Commission.       amendment. The amending legislation approval       industry are being progressed by
                                Licensing of timber collection and was also reviewed.                                 the agency. The Agency is also
                                of taking of other resources.                                                         developing amending legislation
                                                                   The Act was substantially amended                  to repeal the other two
                                Administrative discretion over     by:                                                restrictions.
                                how licences and produce are
                                allocated and priced. Permits to    Conservation and Land
                                occupy and use State forest.           Management Amendment Act
                                Registration of timber workers.        2000; and
                                                                    Forest Products Act 2000.

                                                                 These Acts vested State forests and
                                                                 other lands in the Conservation
                                                                 Commission and established the
                                                                 Forest Products Commission to
                                                                 undertake commercial forestry
                                                                 functions on State forests and private
                                                                 land.

                                                                 However, the previous Government
                                                                 did not consider the reviews before
                                                                 the amending legislation was passed.
                                                                 The reviews are now awaiting
                                                                 consideration.




                                                                                                                                                  21
Name of legislation     Agency Major restrictions   Comments on review                         Report         Comments on reform
                                                                                               availability
Conservation and Land   CALM                        In May 2002 Government endorsed
Management Act 1984                                 recommendations to remove the
(continued)                                         following restrictions on competition
                                                    that were outstanding from the initial
                                                    review:

                                                       To be eligible for an apiary permit,
                                                        a person must be registered as a
                                                        beekeeper under the Beekeeper
                                                        Act 1963 and must maintain at
                                                        least 25 bee hives in the State;
                                                       Any person is limited in the
                                                        number of permits he or she may
                                                        hold: no more than four permits
                                                        for every 50 hives kept by the
                                                        person, for the remainder of the
                                                        State;
                                                       Administration of the CALM Act in
                                                        the area of the Greenbushes State
                                                        Forest is to be carried out subject
                                                        to the concurrence of the Minister
                                                        to whom the administration of the
                                                        Mining Act 1978 is committed;
                                                        and
                                                       Any increase in the value of land
                                                        arising from planting of the land
                                                        with forest trees is exempt from
                                                        being rateable, subject to the
                                                        trees being approved by the
                                                        Executive Director of CALM as
                                                        being sustainable for commercial
                                                        purposes.




                                                                                                                                   22
Name of legislation              Agency Major restrictions                    Comments on review                     Report         Comments on reform
                                                                                                                     availability
Consumer Affairs Act 1971        CEP     The Act provides for the             The DCEP is undertaking a general
                                         appointment of a Commissioner        review of both the Fair Trading Act
                                         of Fair Trading, establishes a       1987 and the Consumer Affairs Act
                                         Consumer Products Safety             1971 that includes a review of
                                         Committee, and for incidental        restrictions on competition to ensure
                                         and other purposes.                  they are in the public interest.
Consumer Credit (Western         CEP     The Act regulates the provision of   A national review of this legislation,
Australia) Act 1996                      consumer credit                      which forms part of the nationally
                                                                              consistent Consumer Credit legislation
                                                                              regime, is underway.
Cooperative and Provident        J       Licensing.                           Recommended for repeal.                Subject to     Repeal pending the successful
Societies Act 1903                                                                                                   Ministerial    passage of a new Cooperatives
                                                                                                                     approval       Bill through Parliament. A
                                                                                                                                    Cabinet Submission seeking
                                                                                                                                    approval to draft is being
                                                                                                                                    prepared and assuming the
                                                                                                                                    relevant priority is allocated by
                                                                                                                                    Government, a draft Bill will be
                                                                                                                                    available for introduction to
                                                                                                                                    Parliament late in 2002.

Country Areas Water Supply       WR      Controls over land clearing.         Review by Office of Water Regulation Subject to       No change.
(Clearing Licence) Regulations                                                completed in August 2000. No action Ministerial
1981                                                                          proposed. Controls justified on wider approval
                                                                              ecological and public interest grounds.

                                                                              Review endorsed by Government on
                                                                              18 December 2000.
Country Areas Water Supply Act   WR      Licensing, market power by           Review by Office of Water Regulation Subject to       Amendments to the Act will be
1947                                     Water Corporation.                   completed in September 1999. Minor Ministerial        progressed via the Acts
                                                                              administrative amendments only.      approval         Amendment and Repeal
                                                                                                                                    (Competition Policy) Bill 2002.
Country Areas Water Supply By-   WR      Market power.                        Review endorsed by Cabinet in          Subject to     Office of Water Regulation and
laws 1957                                                                     December 1999. Amendments              Ministerial    Water Corporation are finalising
                                                                              expected.                              approval       the amendments.




                                                                                                                                                                  23
Name of legislation                Agency Major restrictions                     Comments on review                     Report         Comments on reform
                                                                                                                        availability
Country Slaughterhouse             H                                             Repealed by subsequent regulation.     No report      Repealed by Regulation 28 of the
Regulations 1969                                                                                                                       Health (Meat Hygiene)
                                                                                                                                       Regulations 2001.
Country Towns Sewerage Act         WR      Licensing, registration, entry        Review of Water Services Coordination Subject to      Amendments to the Act will be
1948 and By-laws                           requirements (competency or six       Amendment Act 1999 completed,          Ministerial    progressed via the Acts
                                           years experience and                  recommending retaining restrictions to approval       Amendment and Repeal
                                           qualification, fit and proper), the   prevent unlicensed persons from                       (Competition Policy) Bill 2002.
                                           reservation of practice (either       performing plumbing work and
                                           licensed or under licensed            maintaining the power of the Board to                 Plumbers licensing provisions
                                           supervision), disciplinary            set licence conditions.                               transferred to the Water Services
                                           processes.                                                                                  Coordination (Plumbers
                                                                                 Review endorsed by Government.                        Licensing) Regulations in 2000.
                                                                                                                                       Transfer also shifted
                                                                                                                                       responsibility for plumbers
                                                                                                                                       licensing from Water Corporation
                                                                                                                                       to new Plumbers Licensing Board.

                                                                                                                                       By-laws are expected to be
                                                                                                                                       amended.
Credit (Administration) Act 1984   CEP     Licensing, disciplinary provisions. Review by the Ministry of Fair Trading Subject to       Drafting instructions to include
and Regulations                                                                completed with public consultation. It Ministerial      the recommended amendments
                                                                               recommended that the licensing           approval       in the proposed Acts Amendment
                                                                               requirements be repealed and that                       (Competition Policy) Bill 2002
                                                                               many of the powers of the Tribunal                      have been forwarded to
                                                                               and Commission be removed, but that                     Parliamentary Counsel.
                                                                               the disciplinary provisions are retained
                                                                               on public interest grounds.

                                                                                 The Government endorsed the
                                                                                 recommendations of the review.




                                                                                                                                                                   24
Name of legislation               Agency Major restrictions                    Comments on review                          Report         Comments on reform
                                                                                                                           availability
Credit Act 1984 and Regulations   CEP     Differential treatment.              Review completed in 2000 and repeal         Subject to
                                                                               recommended subject to further              Ministerial
                                                                               consideration on impact on contracts        approval
                                                                               entered into prior to 1 November 1996.
                                                                               Repeal timetable to be deferred pending
                                                                               following new legal advice and resolution
                                                                               of above.

Cremation Act 1929                H       Two potential restrictions on        Review completed in 2002                    Subject to     No change.
                                          competition:                                                                     Ministerial
                                                                               In May 2002 Government endorsed             approval
                                             the operator of a                the recommendations of the review
                                              crematorium must be either       that the restrictions on competition
                                              a cemetery board or a not for    contained in the Act provide a net
                                              profit association established   public benefit and should be retained.
                                              and constituted for the
                                              cremation of human bodies;
                                              and
                                             an applicant for a licence
                                              must satisfy criteria related
                                              to matters of public health
                                              and safety and hygiene
                                              standards. In particular, the
                                              applicant must provide an
                                              environment that is suitable
                                              for the inoffensive, decent
                                              and effective cremation of
                                              human bodies.

Curtin University of Technology   ES      Competitive neutrality, market       Review, conducted by the Office of Subject to              Amendments being progressed
Act 1996                                  power.                               Higher Education, completed 1998.  Ministerial             via the Acts Amendment and
                                                                               Review recommended that investment approval                Repeal (Competition Policy) Bill.
                                                                               provisions be consistent between
                                                                               universities.

                                                                               Government endorsed review
                                                                               recommendations.




                                                                                                                                                                       25
Name of legislation               Agency Major restrictions                       Comments on review                     Report           Comments on reform
                                                                                                                         availability
Dairy Industry Act 1973 and       A       Vesting of milk in the Dairy            Review by Agriculture WA officials,    Publicly         In line with the March 2000
Regulations                               Industry Authority. Farmgate            assisted by an industry working party, available        communique signed by all
                                          price-setting for market milk.          completed in 1998. The review                           Australian Agriculture and
                                          Market milk quotas. Licensing of        recommended:                                            Primary Industries Ministers
                                          farmers and processors.                                                                         committing to a national
                                                                                     the retention of farm-gate pricing                  approach to dairy reform, WA
                                                                                      for market milk;                                    passed Dairy Industry and Herd
                                                                                     the continued vesting of all milk in                Improvement Legislation Repeal
                                                                                      the Dairy Industry Authority; and                   Act 2000 on 27 June 2000,
                                                                                     the continuation of the licensing                   deregulating the industry from 1
                                                                                      powers of the Authority.                            July 2000.

                                                                                  The review also found that quotas as a
                                                                                  mechanism for ensuring year round
                                                                                  supply where unnecessary, but
                                                                                  recommended that quotas be retained
                                                                                  for as long as farm-gate pricing
                                                                                  continues.

                                                                                  Government endorsed the review.

Dampier Port Authority Act 1985   PI      Restricts market entry and              No review undertaken.                      No report    Act repealed. Replaced by generic
and Regulations                           conduct.                                                                                        Port Authorities Act 1998.
Dampier to Bunbury Pipeline       OE                                              No review undertaken.                      No report    Repealed 1 January 2000.
Regulations 1998
Debt Collectors Licensing Act     CEP     Licensing, entry requirements           Department review underway. Issues
1964 and Regulations                      (age, good fame and character,          paper released. On current progress it
                                          fit and proper person), the             is expected that the review will be
                                          reservation of practice, business       completed by 30/6/02.
                                          conduct (trust accounts, fidelity
                                          bonds).
Dental Act 1939                   H       Entry, registration, title, practice,   New health practitioner legislation is     Key
                                          discipline.                             being drafted in accord with NCP           Directions
                                                                                  principles following Key Directions        report
                                                                                  paper, which was released in June          available
                                                                                  2001.




                                                                                                                                                                      26
Name of legislation            Agency Major restrictions                    Comments on review                           Report         Comments on reform
                                                                                                                         availability
Dental Amendment Act 1996      H       Licensing.                            New health practitioner legislation is      Key
                                                                             being drafted in accord with NCP            Directions
                                                                             principles following Key Directions         report
                                                                             paper, which was released in June           available
                                                                             2001.
Dental Prosthetics Act         H       Entry, registration, title, practice, New health practitioner legislation is      Key
                                       discipline.                           being drafted in accord with NCP            Directions
                                                                             principles following Key Directions         report
                                                                             paper, which was released in June           available
                                                                             2001.
Dried Fruits Act 1947          A       Grading of fruit. Registration of     Review completed by officials in 1997.      No report      Act repealed on 15 December
                                       dealers and packing sheds.            It recommended that the Act be                             1998.
                                       Maintenance of health standards. repealed.
East Perth Redevelopment Act   EPRA    Redevelopment control of the          Review completed in 1997. Review            Subject to     No change.
1991 and Regulations                   area, the compulsory taking of        found that effects of the restrictions      Ministerial
                                       land, subdivision approval from       on competition are relatively minor.        approval
                                       Minister rather than the State        The report concludes that there are no
                                       Planning Commission, Treasurer's acceptable alternatives to achieving
                                       guarantee of loans, and               the objectives of the three restrictions
                                       Ministerial controls.                 relating to the powers of the
                                                                             Authority. The powers are necessary
                                                                             to clean up the existing environmental
                                                                             problems and achieve redevelopment
                                                                             in line with the vision for the area. At
                                                                             this stage of the Authority's activities,
                                                                             it would not be feasible to modify the
                                                                             regulatory framework. The restrictions
                                                                             relating to the internal running of the
                                                                             Authority stem from the Authority's
                                                                             status as a government agency and
                                                                             therefore cannot be removed.
                                                                             Recommended retaining restrictions.

                                                                            Government endorsed the
                                                                            recommendations of the review.




                                                                                                                                                                  27
Name of legislation                 Agency Major restrictions                 Comments on review                    Report         Comments on reform
                                                                                                                    availability
Eastern Goldfields Transport        PI      Restrictions that gave the Board Review completed in 1997. Concluded Subject to        Amendments being progressed
Board Act 1984 and Regulations              advantages arising from public   the Board needs to retain the powers Ministerial      via the Acts Amendment and
                                            ownership included:              to enable monies to be borrowed to     approval       Repeal (Competition Policy) Bill.
                                                                             continue to perform its role as a
                                             nominating the Board as an provider of public bus services in
                                                agent of the Crown;          Kalgoorlie/Boulder. Recommended
                                             implying a Government          repealing restrictions on nominating
                                                Guarantee on borrowings;     the Board as an agent of the Crown
                                             exempting the Board from       and exempting the Board from paying
                                                payment of local government local rates.
                                                rates; and
                                             allowing the Board to make Non-legislative alternatives were
                                                by-laws and regulations      considered (and rejected) relating to
                                                governing the behaviour of   the Board's current power to regulate
                                                patrons and other matters.   patrons' behaviour through by-laws
                                                                             and regulations. The Board's powers in
                                                                             this respect are comparable to those
                                                                             of the Department of Transport in the
                                                                             Transperth system, and they do not
                                                                             confer any significant advantage over
                                                                             potential competitors. Recommended
                                                                             retaining above restriction.
Edith Cowan University Act 1984     ES      Competitive neutrality, market   Review, by the Office of Higher        No report      Amendments being progressed
                                            power.                           Education, completed 1998. Review                     via the Acts Amendment and
                                                                             recommended that investment                           Repeal (Competition Policy) Bill.
                                                                             provisions be consistent between
                                                                             universities.

                                                                              Government endorsed review
                                                                              recommendations.
Education Service Providers (Full   ES      Licensing of providers of         Review underway.
Fee Overseas Students)                      education to overseas students.
Registration Act 1992




                                                                                                                                                                28
Name of legislation                  Agency Major restrictions                     Comments on review                       Report         Comments on reform
                                                                                                                            availability
Electricity Act 1945 - Part 1 of 2   OE      Regulations concerning mandated       Review by an independent consultant      Subject to     The review recommendations
                                             supply; coordinator determines        completed in 1998. Involved              Ministerial    have been superseded by wider
                                             interconnection prices; restriction   consultation. Review recommended         approval       reform of the electricity industry.
                                             on sale/hire of non-approved          retention of existing restrictions but                  The Government is proposing
                                             electrical appliances; uniform        removal of Western Power's                              new legislation based on the
                                             pricing.                              exemption from seeking Coordinator's                    recommendations of the
                                                                                   approval to supply the public.                          Electricity Reform Taskforce.

                                                                                   The Government endorsed the
                                                                                   recommendations of the review.
Electricity Act 1945 - Part 2 of 2   OE      Regulations - licensing, entry        Review of Electricity (Licensing)
(Electricity (Licensing)                     requirements                          Regulations underway.
Regulations 1991)                            (apprenticeship/training and
                                             experience/exam, fit and proper),
                                             reservation of practice,
                                             disciplinary processes.
Electricity Corporation Act 1994     OE      Exclusive franchise of Western        Review completed by an independent Subject to           The contestability threshold was
                                             Power; barrier to entry to            consultant. Involved consultation.       Ministerial    lowered from 5MW to 1MW from
                                             generate electricity; vertical        Review recommended an accelerated approval              1 January 2000. The government
                                             integration; competitive              timetable for third party access,                       has made further reductions to
                                             neutrality restrictions.              removal of entry barriers for                           the general contestability
                                                                                   generators, and ring fencing of vertical                threshold on 1 July 2001
                                                                                   integration structure.                                  (228kW) and further reductions
                                                                                                                                           are planned for 1 January 2003
                                                                                   The Government endorsed the                             (34kW). Some minor competitive
                                                                                   review's recommendations.                               neutrality advantages have been
                                                                                                                                           removed by the Statutes
                                                                                                                                           (Repeals and Minor Amendments)
                                                                                                                                           Act 1998.

                                                                                                                                           Act under review by Electricity
                                                                                                                                           Reform Taskforce.




                                                                                                                                                                         29
Name of legislation              Agency Major restrictions                    Comments on review                      Report         Comments on reform
                                                                                                                      availability
Employment Agents Act 1976 and CEP       Licensing, entry requirements (fit   Department review underway.
Regulations                              and proper person), the              Consultation involves a questionnaire
                                         reservation of practice, business    sent to 355 licensed employment
                                         conduct (scale of fees,              agents, public submissions on issues,
                                         maintenance of records, no           and stakeholder responses to draft
                                         misleading advertising).             report.
Energy Coordination Act 1994     OE      Licensing system that provides       Review of new provisions found          Subject to     No change.
                                         for regulation of companies          restrictions were minimal and were      Ministerial
                                         operating distribution systems       the most cost-effective means of        approval
                                         and supplying gas to consumers       protecting small customers.
                                         using less than 1 Terajoule per
                                         year.
Energy Operators (Powers) Act    OE      Provided monopoly rights over        Review completed in 1998. It            No report      Restrictions on LPG trading lifted
1995; formerly known as Energy           sale of LPG and provides energy      recommended removal of monopoly                        with enactment of Energy
Corporations (Powers) Act 1979           corporations with powers of          over sale of LPG, and retention of land                Coordination Amendment Act
                                         compulsory land acquisition and      use powers of energy corporations.                     1999 and the Gas Corporation
                                         disposal, powers of entry, certain   Land use powers necessary to                           (Business Disposal) Act 1999.
                                         planning approval and water          facilitate energy supply.
                                         rights, and indemnity against
                                         compensation claims.
Environmental Protection Act     CALM     The ability to require an          Review by independent consultants       Subject to     No change.
1986                                          environmental impact            completed. The review found that        Ministerial
                                              assessment;                     restrictions should be retained.        approval
                                          Licensing of occupiers of
                                              prescribed premises;            Government endorsed the
                                          Exempting certain firms from       recommendations of the review in
                                              EPA licensing;                  1997
                                          The requirement for firms to
                                              comply with the
                                              environmental standards set;
                                              and
                                          The power to prepare and
                                              publish environmental
                                              protection policies.
Esperance Lands Agreement Act    LA                                           Not for review as Act will be repealed. No report      To be repealed in the Statutes
1960                                                                                                                                 (Repeals and Minor Amendments)
                                                                                                                                     Omnibus Bill.




                                                                                                                                                                   30
Name of legislation              Agency Major restrictions                     Comments on review                     Report         Comments on reform
                                                                                                                      availability
Esperance Port Authority Act     PI      Restrictions on market entry and                                             No report      Act repealed. Replaced by generic
1968 and Regulations                     conduct.                                                                                    Port Authorities Act 1998.
Exotic Diseases of Animals Act   A       Powers to inspect, demand             Review completed in 1998. It           Subject to     No change.
1993                                     assistance and issue local            recommended retaining the              Ministerial
                                         quarantine orders. Powers to          restrictions in the public interest.   approval
                                         seize and destroy infected stock.
                                         Powers to control the movement      Government endorsed the review in
                                         of stock.                           March 1999
Explosives and Dangerous Goods   MPR     The Act requires licences,          Review completed in 1998. It found      Subject to      The Dangerous Goods
Act 1971                                 permits, authorisations or          that generally there are more efficient Ministerial     (Transport) Act 1998
                                         approvals to be obtained as a       and effective ways of achieving the     approval        implemented a revised
                                         means of regulating the various     objectives of the legislation. The                      framework for classifying
                                         activities involving explosives and review considered more flexible                         explosives and dangerous goods
                                         dangerous goods.                    approaches to controlling activities                    and transport-related matters.
                                                                             involving dangerous goods and found                     This ensures international
                                         The effects of the restrictions are that these alternatives can also                        consistency in systems of
                                         generally to impose compliance      achieve the required safety and                         classification and authorisation
                                         costs on business and to protect community protection objectives.                           criteria for dangerous goods and
                                         the community from the activities                                                           explosives. In addition, regulation
                                         involving explosives and            The Government endorsed the                             of the transportation of
                                         dangerous goods.                    recommendations of the review.                          explosives is now consistent with
                                                                                                                                     that of other dangerous goods
                                                                                                                                     under the new national transport
                                                                                                                                     framework.

                                                                                                                                     Further amendments are being
                                                                                                                                     drafted.




                                                                                                                                                                  31
Name of legislation     Agency Major restrictions                     Comments on review                          Report         Comments on reform
                                                                                                                  availability
Fair Trading Act 1987   CEP      Regulates the supply, advertising    The DCEP is undertaking a general
                                and description of goods and          review of both the Fair Trading Act
                                services and, in certain respects,    1987 and the Consumer Affairs Act
                                the disposal of interests in land,    1971 that includes a review of
                                and to make provision with            restrictions on competition to ensure
                                respect to certain unfair or          they are in the public interest.
                                undesirable trade practices, as to
                                the conditions and warranties to
                                be applicable in consumer
                                transactions, and as to the
                                conditions and warranties to be
                                applicable in consumer
                                transactions, and as to the
                                establishment of Codes of
                                Practice as between certain
                                classes of suppliers and
                                consumers.
Fertilisers Act 1977    A       Requires retailers to clearly label   Review completed in 1997. It                Subject to     Review recommendations are
                                fertilisers and to handle them in     recommended:                                Ministerial    being implemented through the
                                such a way as to avoid                                                            approval       Agricultural Management Bill
                                contamination.                           amending the Act to apply only to                      which is currently being drafted.
                                                                          those fertilisers that pose a risk to
                                                                          agriculture; and
                                                                         using less restrictive means to
                                                                          achieve the same objectives for
                                                                          other fertilisers.

                                                                      Government endorsed the
                                                                      recommendations of the review in
                                                                      1997.




                                                                                                                                                              32
Name of legislation             Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                     availability
Finance Brokers Control Act 1975 CEP    Registration, business licensing    Review completed in 1999. It was         Subject to     In response to the Royal
                                        (with exceptions), advertising,     concluded that the significant cost of Ministerial      Commission the Act is being
                                        limits on remuneration,             complying with the Act did not warrant approval         repealed. The Government is
                                        conditions on how monies are        the benefits (if any) that it obtained                  passing control of the finance
                                        kept on behalf of clients, auditing and that these could be achieved with                   broking industry to the Federal
                                        requirements and other conduct a less restrictive model. There was no                       Government under the Australian
                                        restrictions.                       evidence that the current system                        Securities and Investment
                                                                            reduced the risk of defalcation or                      Commission.
                                                                            fraudulent behaviour of finance
                                                                            brokers. The review identified a class
                                                                            of persons known as private lenders
                                                                            who require some form of regulation
                                                                            to ensure a high quality service is
                                                                            maintained. This group includes
                                                                            superannuants who see mortgage
                                                                            backed loans as being an alternative
                                                                            to bank deposits. The review
                                                                            recommended repealing the Act and
                                                                            introducing Code of Practice under
                                                                            section 42 of the Fair Trading Act
                                                                            1987, to provide regulation of financial
                                                                            intermediaries who deal as private
                                                                            lenders, for 3 years while the industry
                                                                            develops a self-regulatory mechanism.

                                                                            The review of the Act was completed
                                                                            but recommendations held in
                                                                            abeyance pending the decision of the
                                                                            Temby Royal Commission into the
                                                                            Finance Broking Industry. The report
                                                                            of the Royal Commission was tabled in
                                                                            Parliament on 19 February 2002.
Firearms Act 1973 and           P       Registration (firearm repairers).   Not for review. Act removed from the No report          No change.
Regulations                                                                 legislation review timetable in view of
                                                                            a national approach to firearms policy.




                                                                                                                                                              33
Name of legislation             Agency Major restrictions                    Comments on review                   Report               Comments on reform
                                                                                                                  availability
Fish Resources Management Act   F       Licensing of fishers. Prohibitions Review conducted in two parts. The     Publicly             The agency is preparing drafting
1994                                    on market outlets. Input controls first part, which excluded rock lobster available            instructions for a Fish Resource s
                                        on boat, gear and fishing          processing provisions, was completed                        Management Amendment Bill.
                                        methods. Output controls such      in 1999. It recommended retaining
                                        total allowable catches, quota,    existing restrictions except for the
                                        bag and size limits.               Western Rock Lobster Managed
                                                                           Fishery, where it recommended an
                                                                           assessment of the net benefit of
                                                                           moving to an output controls-based
                                                                           regime. It also recommended steps to
                                                                           include NCP principles in the ongoing
                                                                           cycle of fisheries management review.

                                                                             The Government has endorsed the
                                                                             recommendations of the first part of
                                                                             the review.

                                                                             The second part of the review was of
                                                                             the rock lobster processing sector.
                                                                             The Government decided to remove
                                                                             limits on the number of domestic
                                                                             processing licences and provide
                                                                             licence holders the right to establish at
                                                                             multiple locations but decided to
                                                                             retain limits on the number of export
                                                                             processing licences.

Fisheries Adjustment Schemes    F       Ministerial discretion as to         Review completed. The Government            Subject to    No change.
Act 1987                                eligibility for compensation upon    has endorsed the review’s                   Ministerial
                                        cancellation of fishing property     recommendations to not change the           approval
                                        rights.                              Act.
Fishing Industry Promotion      F       Potential for levies to be imposed   Review completed, which found               Subject to    No change.
Training and Management Levy            with differential impact on          restrictions are in the public interest.    Ministerial
Act 1994                                fishers.                             The Government has endorsed the             approval
                                                                             review’s recommendations to not
                                                                             change the act.




                                                                                                                                                                    34
Name of legislation               Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                       availability
Fremantle Port Authority Act 1902 PI      Restricts market entry and                                                   No report      Act repealed. Replaced by generic
Act and Regulations                       conduct.                                                                                    Port Authorities Act 1998.
Friendly Societies Act 1894       J       Licensing.                                                                   Publicly       Act Repealed.
                                                                                                                       available
Fruit Growing Industry Trust Fund A                                           Not for review.                          No report      Act repealed.
Act 1941
Gaming Commission Act 1987        RGL     Licensing for the conduct of         Review completed in 1998. No             Publicly      The Office of Racing, Gaming and
and Regulations                           games such as bingo, two-up and change. to most restrictions, including available           Liquor are preparing drafting
                                          so on.                               licensing and the availability of gaming               instructions for inclusion of the
                                                                               machines. But restrictions on casino                   necessary amendments in an NCP
                                                                               games for community gaming, two-up                     omnibus bill.
                                                                               and bingo prize pools to be removed,
                                                                               subject to appropriate changes being                   Regulatory issues associated with
                                                                               negotiated in the Casino (Burswood                     control of the Lotteries
                                                                               Island) Agreement Act. Lotteries                       Commission need to be resolved
                                                                               restrictions to be removed or reduced,                 before the Act can be amended to
                                                                               including: to allow for the licensing of               allow the Minister to enter into
                                                                               suppliers of State lottery products by                 agreements with private
                                                                               State Agreement; amending the                          organisations to supply State
                                                                               legislation so that lotteries conducted                lottery products.
                                                                               by organisations the subject of such
                                                                               an agreement are lawful lotteries;
                                                                               allow for licensing professional
                                                                               fundraisers; removing the definition of
                                                                               'foreign lottery' from the legislation;
                                                                               and related amendments.
Gas Corporation Act 1994          OE      Creates Gas Corporation to run                                                No report     Repealed December 2000.
                                          certain publicly owned gas
                                          assets.
Gas Standards Act 1972 and        OE      Gas Standards (Gasfitting and        Review underway.
Regulations                               Consumer Gas Installations)
                                          Regulations 1999 - gasfitters
                                          licensing, registration, entry
                                          requirements (knowledge and
                                          skills, fit and proper), reservation
                                          of practice.




                                                                                                                                                                  35
Name of legislation              Agency Major restrictions                     Comments on review                       Report         Comments on reform
                                                                                                                        availability
Gas Transmission Regulations     OE      Access provisions.                                                             No report      Repealed. Access and related
1994                                                                                                                                   matters now regulated under Gas
                                                                                                                                       Pipelines Access (WA) Act 1998.
Geraldton Port Authority Act 1968 PI     Restricts market entry and                                                     No report      Act repealed. Replaced by generic
and Regulations                          conduct.                                                                                      Port Authorities Act 1998.
Gold Corporation Act 1987 and     TF     Deals with competitive                Review completed in 1999/2000.         Subject to       Review recommendations are
Regulations                              advantages and disadvantages          Review recommended removal of          Ministerial      being implemented through the
                                         arising from Government               advantages enjoyed by the Gold         approval         Acts Amendment and Repeal
                                         ownership.                            Corporation and subsidiaries over                       (Competition Policy) Bill 2002
                                                                               other businesses operating in precious                  currently being drafted. This Bill
                                                                               metals markets.                                         will be introduced to Parliament
                                                                                                                                       in the 2002 Spring Session.
Government Employees              GESB   Limits on choice of funds.            No review.                               No report      Act repealed.
Superannuation Act 1987
Government Railways Act 1904      WARC   Access, market power,                 Review completed in 1998.            Subject to         Government Railways (Access)
and By-laws: Nos. 1 to 53, 59,           competitive neutrality.               Recommendations related primarily to Ministerial        Act 1998 and the Rail Safety Act
62, 63, 64, 68, 74. No 55 (rates)                                              the removal of competitive           approval           1998 amendments have removed
No 60 (passenger fares) No 75                                                  advantages.                                             various advantages and
(Auction Sales) No 76 (Licensed                                                                                                        disadvantages conferred on the
Porters)                                                                                                                               Commission.
Grain Marketing Act 1975 and      A      Establishes the Grain Pool of WA      The previous Government deferred its
Regulations                              (GPWA) and confers on it a            decision on a draft report pending the
                                         monopoly over bulk exports of         reviewers addressing criticism of the
                                         feed and malting barley, canola       review report. A redrafted review
                                         and lupins.                           report has been submitted to
                                                                               Government and is awaiting
                                                                               consideration by the State’s
                                                                               Expenditure Review Committee.
Hairdressers Registration Act    DT      Licensing, registration, entry        Review conducted by independent
1946 and Regulations                     requirements (good character,         consultants. Review report currently
                                         training and exam), reservation       being considered by Government.
                                         of practice and title, disciplinary
                                         processes.




                                                                                                                                                                    36
Name of legislation                 Agency Major restrictions                  Comments on review                       Report         Comments on reform
                                                                                                                        availability
Harvey, Waroona Collie River        WRC     Monopoly powers to Water            Review by Water and Rivers              Subject to     No change.
Irrigation Districts By-laws 1975           Corporation. Differential rights to Commission completed in January         Ministerial
                                            irrigators.                         2000. No action proposed - minor        approval
                                                                                restrictions found to be justified on
                                                                                public welfare grounds to maintain
                                                                                security of supply and safeguard laws
                                                                                proposed to reflect current
                                                                                management practices.

                                                                            Endorsed by the Government 14
                                                                            August 2000.
Health (Adoption of Food            H       As per the Food Standards Code. National review completed in 2000           Publicly       All Australian Governments
Standards Code) Regulations                                                 (see NSW Food Act 1989).                    available      agreed in November 2000 to
1992                                                                                                                                   adopt core provisions of the
                                                                                                                                       Model Food Bill by November
                                                                                                                                       2001.
Health (Asbestos) Regulations       H       Licensing.                         Review underway.
1992
Health (Cloth Materials)            H       Licensing.                         Review underway.
Regulations 1973
Health (Construction Work)          H       Licensing.                         Review underway.
Regulations 1973
Health (Drugs and Allied            H       Licensing.                         Part of Galbally Review. Draft Review
Substances) Regulations 1961                                                   Report completed 11 September 2000.
                                                                               Final review report given to the
                                                                               Australian Health Ministers Conference
                                                                               in early 2001.

                                                                               Final review report under
                                                                               consideration by the Australian Health
                                                                               Ministers Advisory Council.
Health (Food Hygiene)               H       Licensing of food processors.      Review underway.
Regulations 1993                            Registration of premises. Safe
                                            food practices specified.
Health (Game Meat) Regulations      H       Minimum qualifications for          Review underway.
1992                                        slaughterers. Registration of field
                                            depots and processing facilities.




                                                                                                                                                                  37
Name of legislation                 Agency Major restrictions   Comments on review               Report         Comments on reform
                                                                                                 availability
Health (Meat Inspection and         H                           Review underway.
Branding) Regulations 1950
Health (Pesticides) Regulations     H       Licensing.          Review underway. Invitation to
1956                                                            submit.
Health (Pet Meat) Regulations       H                           Review underway.
1990
Health (Public Buildings)           H       Licensing.          Review underway.
Regulations 1992
Health (School Dental Therapists)   H       Licensing.          Review underway.
Regulations 1974
Health (Treatment of Sewerage       H       Licensing.          Replacement legislation to be
and Disposal of Effluent and                                    developed.
Liquid Waste) Regulations 1993
Health Act (Swimming Pools)         H       Licensing.          Review underway.
Regulations 1964
Health Act 1911                     H       Licensing.          Review underway.
Health Laboratory Services (Fees) H         Licensing.          Review completed.                               Act repealed.
Regulations
Health Services (Conciliation and H                             Removed from timetable.
Review) Act 1995




                                                                                                                                     38
Name of legislation          Agency Major restrictions                  Comments on review                     Report         Comments on reform
                                                                                                               availability
Hire Purchase Act 1959 and   CEP     Credit providers are required to  Review, by the Ministry of Fair Trading Subject to     Act to be amended via the Acts
Regulations                          refund any surplus amount         completed, with public consultation.    Ministerial    Amendment and Repeal
                                     following repossession of goods   Review found that most of the           approval       (Competition Policy) Bill 2002.
                                     under hire-purchase transactions; provisions of the Act are no longer
                                     the Court has power to reopen     needed to achieve consumer
                                     hire-purchase transactions which protection for new hire-purchase
                                     it considers to be "harsh or      transactions, since the enactment in
                                     unconscionable"; and the ability 1996 of the national uniform
                                     of credit providers to repossess  Consumer Credit Code. However, the
                                     farming goods is regulated.       review found that three provisions
                                                                       (relating to surplus from sale of
                                                                       goods, equitable relief and farm goods
                                                                       purchases) are not adequately
                                                                       reproduced in the new Code and are
                                                                       justified for retention in the public
                                                                       interest.

                                                                        The Government endorsed the
                                                                        recommendations of the review.




                                                                                                                                                          39
Name of legislation                 Agency Major restrictions                 Comments on review                      Report         Comments on reform
                                                                                                                      availability
Home Building Contracts             CEP     Home building work contracts,     Review, in conjunction with review of   Subject to     Amendments implemented by the
Amendments Act 1991 and                     dispute resolution procedures,    the Builders Registration Act 1939,     Ministerial    Building Legislation Amendment
Regulations                                 and home building insurance       completed in 2002.                      approval       Act 2000.
                                            arrangements.
                                                                              In May 2002 Government endorsed
                                                                              the review recommendations to
                                                                              amend the following:

                                                                                directions from Water Corporation
                                                                                 to be amended to include all
                                                                                 relevant licensed water service
                                                                                 providers or the Office of Water
                                                                                 Regulation where no licensed
                                                                                 water service provider exists; and
                                                                              consumers may terminate
                                                                                 contract when they are at fault:
                                                                                 will be amended to allow
                                                                                 termination only if both parties
                                                                                 agree.
Horticultural and Produce           A       Horticultural Produce Commission Review completed in 1997. It             Subject to     Act amended. Now called the
Commission Act 1988                         is empowered to raise            recommended amending the Act to          Ministerial    Agricultural Produce Commission
                                            compulsory levies from growers. ensure that levies are used only to       approval       Act 1988.
                                                                             fund services that are of a sufficiently
                                                                             public good nature and have had a
                                                                             benefit cost assessment.
Hospitals (Licensing and Conduct    H       Licensing.                       Review underway.
of Private Hospitals) Regulations
1987
Hospitals (Licensing and Conduct    H       Licensing.                        Review underway.
of Private Psychiatric Hostels)
Regulations 1997
Hospitals (Service Charges)         H       Licensing.                        Review underway.
Regulations 1984




                                                                                                                                                                40
Name of legislation                Agency Major restrictions                 Comments on review                    Report         Comments on reform
                                                                                                                   availability
Hospitals and Health Services Act H           Regulatory system controls     Review underway.
1927                                           entry of firms or individuals
                                               into or out of the market for
                                               private sector health services
                                               (eg number of private
                                               hospital bed numbers at a
                                               facility and specifications of
                                               buildings);

                                              Fees charged for private
                                               patients treated in public
                                               hospitals are determined by
                                               the Governor.
Hospitals and Health Services      H       Licensing.                        Review underway.
Amendment Act 1996
Human Reproductive Technology      H       Licensing.                        The review found that the Act          No report     No change.
Act 1991                                                                     contained no restrictions that had any
                                                                             effect on competition so as to warrant
                                                                             assessment.

                                                                             Government endorsed the review
                                                                             recommendations.
Human Reproductive Technology      H       Licensing.                        Review completed and recommended      Subject to     No change.
Amendment Act 1996                                                           No change.                            Ministerial
                                                                                                                   approval
                                                                             Government endorsed the review
                                                                             recommendations.
Human Tissue and Transplant Act H          Licensing.                        Review completed in 2000. The review Subject to      No change.
1982                                                                         found that the Act contained no      Ministerial
                                                                             restrictions that had any effect on  approval
                                                                             competition so as to warrant
                                                                             assessment.
Indecent Publications and Articles J       Licensing.                        Not reviewed.                                        Repealed and replaced by the
Act 1902 and Regulations                                                                                                          Censorship Act 1996.




                                                                                                                                                             41
Name of legislation             Agency Major restrictions                       Comments on review                         Report         Comments on reform
                                                                                                                           availability
Industrial Relations Act 1979   CEP     · qualifications for Chief              Review completed in 1997. Due to the
                                        Commissioner and President;             non-financial nature of the restrictions
                                        · age limit for members of              and the difficulty in quantifying them,
                                        Western Australian Industrial           the analysis is purely qualitative. The
                                        Relations Commission;                   restrictions are largely discriminatory
                                        · restrictions on the jurisdiction of   in nature. A number of restrictions
                                        Western Australian Industrial           discriminate between employees in
                                        Relations Commission;                   relation to access to dispute resolution
                                        · individual access to Western          services.
                                        Australian Industrial Relations
                                        Commission;                             Recommended:
                                        · representation of parties by
                                        legal practitioners;                       the above restrictions should be
                                        · employees as parties to                   removed as they are not in the
                                        industrial agreements;                      public interest;
                                        · registration of employer and             the binding of employers and
                                        employee organisations;                     employees to common rule
                                        · access to Public Sector Appeal            awards legislation should be
                                        Board and Railway Classification            amended;
                                        Board; and                                 the following restrictions are in
                                        · use of the Government Printer             the public interest and should be
                                        to print the Gazette.                       retained:
                                        Binding of employers and
                                        employees to common rule                      - parties to workplace
                                        awards                                          agreements having total
                                        · parties to workplace                          access to Western Australian
                                        agreements having total access                  Industrial Relations
                                        to Western Australian Industrial                Commission;
                                        Relations Commission; and                     - restrictions on the jurisdiction
                                        · prohibition on use of                         of Western Australian
                                        membership funds for political                  Industrial Relations
                                        expenditure.                                    Commission; and
                                                                                      - prohibition on use of
                                                                                        membership funds for political
                                                                                        expenditure.

                                                                                Government endorsed the
                                                                                recommendations of the review.




                                                                                                                                                               42
Name of legislation                Agency Major restrictions                Comments on review                     Report         Comments on reform
                                                                                                                   availability
Industrial Training Act 1975 and DT        Licensing.                       Review underway.
Regulations
Infectious Diseases (Inspection of H       Licensing.                       Review underway.
Persons) Regulations
Inquiry Agents Licensing Act 1954 P        Licensing.                                                                             Act repealed and replaced by
and Regulations                                                                                                                   Security and Related Activities
                                                                                                                                  (Control) Act 1996.
Instant Lottery Rules 1991,      RGL       Differential treatment.                                                                Repealed. Replacement Lotteries
Instant Lottery (Telespin) Rules                                                                                                  Commission regulations
1991and Lotto Rules 1990                                                                                                          reviewed.
Insurance Commission of Western IC         Limits on investment and         Review completed in 1998. It            No report     No change.
Australia Act 1986                         borrowing powers, Treasurer's    concluded that the restrictions provide
                                           guarantee, Competitive           net public benefit primarily because
                                           neutrality.                      they improve accountability and
                                                                            oversight controls that are consistent
                                                                            with the approach to other public
                                                                            sector bodies, and legislation other
                                                                            than this Act gives the Insurance
                                                                            Commission exclusive functions so
                                                                            that it has no competitors. The review
                                                                            recommended retaining the
                                                                            restrictions as they provide a net
                                                                            public benefit and are necessary to
                                                                            achieve the objectives of the Act.

                                                                            Government endorsed the review
                                                                            recommendations.
Irrigation (Dunham River)          LA      Differential rights.             Not for review as Act will be repealed. No report     To be repealed in the Statutes
Agreement Act 1968                                                                                                                (Repeals and Minor Amendments)
                                                                                                                                  Omnibus Bill.
Jetties Act 1926 and Regulations   PI      Licensing, competitive neutrality. No review undertaken.                No report.     Legislation to be repealed
                                                                                                                                  pending enactment of Maritime
                                                                                                                                  Bill.




                                                                                                                                                             43
Name of legislation              Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                       availability
Land Administration Act 1997 and PI      DOLA employees are restricted in    Review completed. Recommended             Subject to     No change.
Regulations                              their ability to compete equally    restrictions are in the public interest   Ministerial
                                         for the purchase of Crown land;     and should be retained.                   approval
                                         The Valuer General’s Office has a
                                         potential competitive advantage     The Government endorsed the
                                         in the land valuation market;       recommendations of the review.
                                         Private sector auctioneers are
                                         required to hold a licence to
                                         conduct Crown Land auctions
                                         while DOLA employees are
                                         exempt.




                                                                                                                                                           44
Name of legislation             Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                     availability
Land Drainage (Rating Grades)   WR      Exemption from paying rates for Review completed. The legislative            Subject to     Drafting instructions for the
Regulations 1986                        certain activities, subject to those provisions were assessed as being in Ministerial       amendments are currently being
                                        exemptions on specific land uses the public interest for reasons of social approval         developed by the Water
                                        that are imposed for social          equity and good infrastructure                         Corporation in consultation with
                                        reasons, continuing to be subject planning. Recommended retaining the                       the Office of Water Regulation.
                                        to the formal and transparent        above restrictions.
                                        community service obligation
                                        payment.                             Other "housekeeping"
                                                                             recommendations included:
                                        Provisions whereby land is
                                        subject to water supply,              amending the grading system in
                                        sewerage, drainage and irrigation        the Land Drainage (Rating
                                        charges even if it is not actually       Grades) Regulations to be
                                        connected to the system and              consistent with recommendation
                                        where owners or occupiers do not         in the main review to deal with all
                                        actually use the system.                 charges through the Water
                                                                                 Agencies (Powers) Act 1984;
                                        Exemption from paying charges         amending the Land Drainage
                                        for pensioners. Water Agencies           Regulations to be consistent with
                                        (Entry Warrant) Regulations.             recommendation in the main
                                                                                 review to deal with all charges
                                                                                 through the Water Agencies
                                                                                 (Powers) Act 1984; and
                                                                              amending the regulations of the
                                                                                 Water Agencies (Infringements)
                                                                                 Regulations 1994 to be consistent
                                                                                 with the Water Agencies (Powers)
                                                                                 Act 1984 allowing the Water and
                                                                                 Rivers Commission the ability to
                                                                                 delegate authority for issuing
                                                                                 infringements.

                                                                            The Government endorsed the
                                                                            recommendations of the review.




                                                                                                                                                                45
Name of legislation               Agency Major restrictions                  Comments on review                       Report         Comments on reform
                                                                                                                      availability
Land Drainage Act 1925            WR      Market power.                      Review by Office of Water Regulation     Subject to     Act to be amended via the Acts
                                                                             completed in September 1999. Minor       Ministerial    Amendment and Repeal
                                                                             amendments to Act proposed to            approval       (Competition Policy) Bill 2002. .
                                                                             ensure consistency of approach with
                                                                             competitive licensing regime and other
                                                                             related Acts.

                                                                             The Government endorsed the
                                                                             recommendations of the review on 20
                                                                             December 1999.
Land Drainage Bylaws 1986         WR      Market power.                      Review by Office of Water Regulation Subject to         The Water Corporation in
                                                                             completed in December 1999.          Ministerial        consultation with the Office of
                                                                                                                  approval           Water Regulation is currently
                                                                             Endorsed by Government on 20                            developing drafting instructions
                                                                             December 1999.                                          for amendments.
Land Drainage Regulations 1978    WR      Market power.                      Review by Office of Water Regulation Subject to         Amending Regulations to be
                                                                             completed in 1999.                   Ministerial        consistent with the
                                                                                                                  approval           recommendation in the main
                                                                                                                                     review to deal with all charges
                                                                                                                                     through the Water Agencies
                                                                                                                                     (Powers) Act 1984.
Land Valuers Licensing Act 1978   CEP     Licensing, entry requirements      Review completed in October 1999.       Subject to
Regulations                               (member of Institute of Valuers    The review report recommended           Ministerial
                                          or education and four years        discontinuing licensing and winding-up approval
                                          experience, and possibly exams),   the Land Valuers Licensing Board.
                                          the reservation of title and       .The review report was held in
                                          practice, business conduct         abeyance pending the findings of the
                                          (including board setting           Temby Royal Commission. The
                                          maximum fees, code of conduct).    Commission found that the retention
                                                                             of licensing and of the Board is in the
                                                                             public interest.

                                                                             The Government endorsed the report
                                                                             and an amended NCP report taking
                                                                             into account the Royal Commission
                                                                             findings is being prepared.




                                                                                                                                                                   46
Name of legislation      Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                              availability
Law Reporting Act 1981   J       The requirement to obtain prior    Review completed in 1998. It found        Subject to     The recommendations are likely
                                 written consent of the Attorney    the benefits of the restriction (through Ministerial     to be effected through
                                 General before publishing judicial maintaining the integrity of judicial     approval       administrative rather than
                                 decisions of State courts.         processes utilising published                            legislative means.
                                                                    judgments) outweigh the costs
                                 The practice of selective          associated with potentially reduced
                                 invitation and awarding of a       innovation and availability of law
                                 single contract for a ten year     reports. Review concluded the net
                                 period for the publication of the  public benefit could be achieved by a
                                 Authorised Reports.                less restrictive alternative, involving a
                                                                    negative licensing system giving
                                 An arrangement between the         blanket authorisation to anyone to
                                 Supreme Court Library and the      publish law reports while preserving
                                 Attorney General which             the Attorney General's right to revoke,
                                 establishes the Library as a       vary or withdraw authorisation, and
                                 monopoly service provider for the the practice of selective invitation and
                                 supply of unreported judgments awarding of a 10 year contract for
                                 and which is not subject to any    publication of the Authorised Reports
                                 form of market testing.            be replaced with a widened tender
                                                                    process and reducing contract periods
                                                                    to 5 years.

                                                                     Also recommended retaining the
                                                                     arrangement between the Supreme
                                                                     Court Library and the Attorney
                                                                     General, as there were benefits from
                                                                     greater accessibility to unreported
                                                                     judgments for the judiciary and the
                                                                     community at large through an
                                                                     efficient distribution service at minimal
                                                                     cost.

                                                                     The Government endorsed the
                                                                     recommendations of the review.




                                                                                                                                                        47
Name of legislation                Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                         availability
Legal Aid Commission Act 1976      J       The review identified four            Review completed. The review found Subject to          No change.
and Regulations                            restrictions in the Act as it will be that each of the restrictions is in the Ministerial
                                           amended by the Bill, all classified public interest and should be retained. approval
                                           as minor:
                                                                                 Government endorsed the review's
                                            prescribed composition of the conclusion that the restrictions in the
                                                Legal Aid Commission;            Act, as it will be amended by the Bill,
                                            power and recognition given should be retained as being in the
                                                to the Law Society of WA         public interest.
                                                (Inc);
                                            prescribed qualifications of
                                                public assessor; and
                                            prescribed rate of interest
                                                payable on money owed to
                                                Legal Aid Commission.
Legal Contribution Trust Act 1967 J        Requires practitioners to deposit The review of this Act is being
                                           a certain percentage of their         conducted in concert with the review
                                           general trust account into an         of the Legal Practioners Act 1893.
                                           interest-bearing fund maintained
                                           by the Legal Contribution Trust.
Legal Practitioners Act 1893 and   J       Licensing, registration, entry        Department review underway.                            The Legal Practitioners Omnibus
Rules                                      requirements, reservation of title,                                                          Bill 2002 will address some
                                           reservation of practice,                                                                     anti-competitive elements of the
                                           disciplinary processes, business                                                             current legislation.
                                           conduct (including monopoly
                                           professional indemnity insurance,                                                            The drafting of further
                                           trust accounts, fees, advertising),                                                          amendments arising from review
                                           competitive neutrality.                                                                      recommendations will commence
                                                                                                                                        on completion of the review and
                                                                                                                                        will be addressed either on a
                                                                                                                                        National level through auspices of
                                                                                                                                        the Standing Committee of
                                                                                                                                        Attorneys General model laws
                                                                                                                                        project or via the Bill.




                                                                                                                                                                     48
Name of legislation               Agency Major restrictions                     Comments on review                       Report         Comments on reform
                                                                                                                         availability
Licensed Surveyors Act 1909 and PI        Licensing, entry requirements         Review, in conjunction with review of    Publicly       Amendments to the Act will be
Regulations                               (competency - education and           Strata Titles Act 1985, completed in     available      progressed via the Acts
                                          experience, age, good fame and        November 1998. Recommendations                          Amendment and Repeal
                                          character, continuing professional    included re-composing the board,                        (Competition Policy) Bill 2002.
                                          development), the reservation of      clarifying entry standards, and
                                          title and practice, disciplinary      retaining restrictions on professional
                                          processes, business conduct           indemnity insurance.
                                          (including professional indemnity
                                          insurance).                           Government endorsed review
                                                                                recommendations.
Lights (Navigation Protection) Act PI     Licensing.                            No review undertaken.                    No report      Act to be repealed.
1930
Liquor Licensing Act 1988 and      RGL    Contains a public needs test. (s      Draft review completed in March 2001. Publicly
Regulations                               38 requires the licensing             Recommended that the public needs        available
                                          authorities to have regard to the     test should be replaced by a public
                                          number and condition and              interest test. This public interest
                                          distribution and services provided    criteria should include reference to the
                                          by existing licensed premises in      likely effect on competition in the
                                          the affected area.)                   liquor market but not on individual
                                                                                competitors to enable identification of
                                          Also, differential hours for hotels   important but otherwise undisclosed
                                          and liquor stores with the latter     public interest matters, ie. outlet
                                          prohibited from opening on            density and propensity for harm and ill
                                          Sundays.                              heath.

                                                                                Review also recommended that
                                                                                trading hours for liquor stores and
                                                                                hotels be similar including on
                                                                                Sundays.

                                                                                The draft review is with the Minister
                                                                                for Racing and Gaming
Local Government (Miscellaneous LGRD                                            Review of existing legislation to be
Provisions) Act 1960 and Building                                               completed by June 2002.
Regulations 1989
                                                                                The Government is currently
                                                                                developing a Bill to replace the Act.




                                                                                                                                                                     49
Name of legislation            Agency Major restrictions                Comments on review                        Report         Comments on reform
                                                                                                                  availability
Local Government Act 1995      LGRD    Competitive neutrality,          Review completed. Concluded that          Subject to     A bill to implement the review
                                       differential treatment, single   requirement for local governments to      Ministerial    recommendations is currently
                                       industry superannuation scheme   participate in a single industry          approval       being drafted.
                                       for employees.                   superannuation scheme is
                                                                        inappropriate.

                                                                        Exemption of Cooperative Bulk
                                                                        Handling from rates found to be
                                                                        potentially anti-competitive. Matter to
                                                                        be considered in conjunction with the
                                                                        review of the Bulk Handling Act 1967.


Local Government Draft Model   LGRD                                     Removed from review schedule.                            No change.
By-Laws




                                                                                                                                                             50
Name of legislation               Agency Major restrictions                    Comments on review                     Report         Comments on reform
                                                                                                                      availability
Lotteries Commission Act 1990    RGL      Allowing the Lotteries           Review completed in 1997.                  Subject to     No change.
and Rules & Regulations -                 Commission (the Commission) to Recommended retention of                     Ministerial
Lotteries Commission Regulations          enter into agreements with other restrictions.                              approval.
1991; Lotteries Commission:               State lotteries agencies for the
(Super 66) Rules 1996;                    purposes of jointly conducting
(Powerball Lotto) Rules 1996;             Lotto and Soccer Pools.
(Saturday Lotto) Rules 1996; (Oz
Lotto) Rules 1996; (Instant               Allowing the Commission to use
Lottery) Rules 1996; (Soccer              trading names and symbols.
Pools) Rules 1996.
                                          Allowing the Commission to
                                          obtain permits directly from the
                                          Minister.

                                          Making it an offence for a person,
                                          without the approval of the
                                          Commission, to derive a fee or
                                          reward for promoting or forming
                                          a syndicate to purchase a ticket
                                          in a game conducted by the
                                          Commission.

                                          Allowing the Commission to enjoy
                                          the status, immunities and
                                          privileges of the Crown.
Main Roads Act 1930 and           PI      Allowing for the compulsory          Review completed. Concluded that       Subject to     No change.
Regulations                               acquisition of land and limiting     restrictions were necessary to provide Ministerial
                                          advertising within view of public    Government the means to provide        approval.
                                          roads.                               road corridors and ensure that road
                                                                               safety is protected.

                                                                               Government endorsed the review
                                                                               recommendations.
Marine (Hire and Drive Vessels)   PI                                           No review undertaken.                  Subject to     Repeal pending enactment of
Regulations 1983                                                                                                      Ministerial    Maritime Bill.
                                                                                                                      approval.




                                                                                                                                                               51
Name of legislation              Agency Major restrictions                   Comments on review                    Report         Comments on reform
                                                                                                                   availability
Marine Act 1982                  PI                                          No review undertaken.                                Repeal pending enactment of
                                                                                                                                  Maritime Bill.

Marine and Harbours Act 1981     PI      Competitive neutrality.             No review undertaken.                                Repeal pending enactment of
and Regulations                                                                                                                   Maritime Bill.
Maritime Bill                    PI      Designed to regulate the safety     Review underway. When enacted, will
                                         and pilotage requirements for       replace several pieces of maritime
                                         ships in WA.                        legislation.
Marketing of Eggs Act 1945       A       Prohibits sale of eggs to persons   Review underway.
                                         other than the WA Egg Marketing
                                         Board unless under certain
                                         exemptions.

                                         Producers must be licensed and
                                         transfer of licences prohibited
                                         without written permission of the
                                         Board.
Marketing of Meat Act 1946 and   A                                           Not for review.                       No report      Act repealed in mid-1999.
Regulations




                                                                                                                                                              52
Name of legislation              Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                       availability
Marketing of Potatoes Act 1946   A          Prohibits sale for domestic
                                                                             Review   underway.       The previous
and Regulations                              consumption of potatoes to
                                                                             Government deferred its decision on a
                                             persons other than the WA
                                                                             draft report pending the reviewers
                                             Potato Marketing Corporation
                                                                             addressing criticism of it.
                                             unless under certain
                                             exemptions.                     The Government is now undertaking
                                            Producers must hold             further stakeholder consultation and
                                             entitlements allocated by the   input to help establish the public
                                             Corporation.                    interest before finalising the review.
                                                                             To facilitate this a discussion paper
                                                                             will be publicly released in April 2002
                                                                             and submissions invited. In addition,
                                                                             stakeholder meetings will be held to
                                                                             discuss industry’s views on the
                                                                             relevant issues. Recommendations to
                                                                             come out of this process will be
                                                                             considered by Government and
                                                                             reforms implemented as soon as
                                                                             possible.
Meat Transport Regulations 1969 H                                            Review underway.
Medical Act 1894                 H       Entry, registration, title, practice, Review underway. Draft report
                                         discipline, advertising.              released in October 1999.
                                                                               Recommendations included removing
                                                                               reserved practice, limiting the
                                                                               reservation on title, changing the
                                                                               disciplinary system and introducing
                                                                               new advertising restrictions.
Mental Health (Administration)   H       Licensing.                                                                                   Regulations have been repealed
Regulations 1965                                                                                                                      and replaced.
Mental Health (Consequential)    H       Licensing.                          Review concluded that restrictions are Subject to        No change.
Provisions Act 1996                                                          in the public interest and should be   Ministerial
                                                                             retained.                              approvalF

                                                                             The Government endorsed the
                                                                             recommendations of the review in
                                                                             November 2000.




                                                                                                                                                                 53
Name of legislation              Agency Major restrictions                    Comments on review                         Report         Comments on reform
                                                                                                                         availability
Mental Health (Transitional)     H                                            Review concluded that restrictions         Subject to     No change.
Regulations 1997                                                              contained in the replacement               Ministerial
                                                                              legislation were in the public interest.   approval

                                                                              The Government endorsed the
                                                                              recommendations of the review in
                                                                              November 2000.
Mental Health (Treatment Fees)   H       Licensing.                           Review completed.                                         Repealed.
Regulations 1992
Mental Health Act 1962           H       Licensing, differential treatment.   Review concluded that restriction          No report      Repealed and replaced by the
                                                                              contained in the replacement                              Mental Health Act 1996.
                                                                              legislation were in the public interest.
Mental Health Act 1996           H       Licensing, differential treatment.   Review completed in December 2000.         Subject to     No change.
                                                                              The review found that the restrictions     Ministerial
                                                                              safeguard the welfare of patients with     approval
                                                                              mental illnesses, comply with
                                                                              international obligations and promote
                                                                              high and consistent standards in
                                                                              mental health care, leading to
                                                                              increased public confidence in the
                                                                              system. The review concludes that the
                                                                              restrictions are in the public interest
                                                                              and should be retained.

                                                                              The Government endorsed the
                                                                              recommendations of the review in
                                                                              November 2000.
Mental Health Regulations 1997   H       Licensing.                           Review concluded restrictions are in       Subject to     No change.
                                                                              the public interest. Review endorsed       Ministerial
                                                                              by Government.                             approval
Metropolitan (Perth) Passenger   PI                                           The Trust is to be abolished and           No report.     Repeal pending (there are
Transport Trust Act 1957 and                                                  replaced by the new Western                               ongoing legal liabilities for
Regulations                                                                   Australian Transit Authority. The                         superannuation and workers
                                                                              review for the Transit Authority will be                  compensation).
                                                                              completed in the near future.




                                                                                                                                                                        54
Name of legislation                Agency Major restrictions                Comments on review                       Report         Comments on reform
                                                                                                                     availability
Metropolitan Region Town           PI                                       Being reviewed with the Urban and
Planning Scheme Act 1959                                                    Regional Planning Bill and other
                                                                            planning legislation.
Metropolitan Water Authority       WRC     Differential treatment.          Reviewed by Water and Rivers                            No change.
(Miscellaneous) By-laws 1982                                                Commission. There were no
                                                                            restrictions on competition identified
                                                                            in the by-laws.
Metropolitan Water Authority Act   WRC     Market power given to Water      Review by Water and Rivers                              No change.
1982                                       Corporation.                     Commission completed. There were no
                                                                            restrictions on competition identified
                                                                            in the legislation.

                                                                            The Government endorsed the
                                                                            recommendations of the review on 14
                                                                            August 2000.
Metropolitan Water Supply,     WR          Market power, and differential   Review by OWR completed in           Subject to         Drafting instructions to include
Sewerage and Drainage Act 1909             treatment for licensing.         September 1999.                      Ministerial        the recommended amendments
                                                                                                                 approval           in the proposed Acts Amendment
                                                                            Government endorsed the                                 (Competition Policy) Bill 2002
                                                                            recommendations of the review on 20                     have been forwarded to
                                                                            December 1999.                                          Parliamentary Counsel.
Metropolitan Water Supply,         WR      Licensing - as for Country Towns Review by Office of Water Regulation Subject to         Plumbers licensing provisions
Sewerage and Drainage By-laws              Sewerage Act 1948.               completed.                           Ministerial        transferred to the Water Services
1981                                                                                                             approval           Coordination (Plumbers
                                                                                                                                    Licensing) Regulations in 2000.
                                                                                                                                    Transfer also shifted
                                                                                                                                    responsibility for plumbers
                                                                                                                                    licensing from Water Corporation
                                                                                                                                    to new Plumbers Licensing Board.

                                                                                                                                    Further amendments are
                                                                                                                                    expected.




                                                                                                                                                                55
Name of legislation               Agency Major restrictions                  Comments on review                      Report         Comments on reform
                                                                                                                     availability
Mining Act 1978 and regulations   MPR     Establishes licensing regime for   Review completed. Review found          Subject to     No change.
1981                                      exploration and development of     restrictions necessary for orderly      Ministerial
                                          minerals.                          exploitation of mineral resources,      approval
                                                                             minimising land use conflict,
                                                                             protecting third-party rights,
                                                                             minimising environmental impacts and
                                                                             promoting efficiency.

                                                                             Government accepted review findings.
Morley Shopping Centre            IT      Government assistance for retail    Review completed. The review found Subject to         No change.
Redevelopment Agreement Act               development                        that the agreement was in the public Ministerial
1992                                                                         interest.                            approval

                                                                             Government accepted review findings.
Motor Vehicle (Third Party        IC      Mandatory insurance, monopoly      Review completed in 2000. The review Subject to
Insurance) Act 1943                       insurer, centralised premium       found mandatory insurance and price Ministerial
                                          setting.                           restrictions give rise to net public       approval
                                                                             benefits (ensuring injured parties are
                                                                             compensated, reducing costly private
                                                                             legal action, lowering transactions
                                                                             costs, lowering costs of insurance,
                                                                             increasing the proportion of claims'
                                                                             payments retained by claimants). No
                                                                             less restrictive means of achieving the
                                                                             objectives were found. The review
                                                                             found that monopoly provisions do not
                                                                             offer sufficient public benefit to justify
                                                                             their retention, and recommended the
                                                                             restrictions should be removed.

                                                                             The Government is currently
                                                                             considering the review.




                                                                                                                                                         56
Name of legislation                 Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                          availability
Motor Vehicle Dealers Act 1973      CEP     Licensing (motor vehicle dealers,   Review completed in 2002.                 Subject to     Legislation that includes review
and Regulations                             yard managers, car market           Recommended: retaining restrictions       Ministerial    findings has completed its
                                            operators and sales persons),       on licensing for motor vehicle dealers    approval       passage through the Legislative
                                            entry requirements (dealers must    and yard managers; retaining                             Assembly. The Bill is listed for
                                            be solvent and understand their     statutory warranties for used vehicles;                  inclusion in the Government’s
                                            obligations under the Act, yard     repealing restrictions on licensing for                  legislative agenda for this year it
                                            managers must complete a four-      car market operators and                                 is therefore expected that the Bill
                                            day course), business conduct       salespersons; and repealing the power                    will have completed its passage
                                            (statutory warranties on used       of the Motor Vehicle Licensing Board                     through Parliament by 30/6/02.
                                            vehicles), power to the Motor       to set standards for premises.
                                            Vehicle Licensing Board to set
                                            standards for premises.
Motor Vehicle Drivers Instructors   PI      Licensing, entry requirements       Review underway.
Act 1963                                    (competency, aged at least 21
                                            years, good character, fit and
                                            proper person, may require test
                                            or course), the reservation of
                                            practice (teach for reward),
                                            business conduct (dual control
                                            vehicle, regulations may make
                                            provisions for displaying
                                            identification).
Murdoch University Act 1973         ES      Competitive neutrality, market      Review by officials completed in 1998, Subject to        Amendments being proposed via
                                            power.                              recommending that investment           Ministerial       the Acts Amendment and Repeal
                                                                                provisions be consistent between       approval          (Competition Policy) Bill.
                                                                                universities.

                                                                                Government endorsed review
                                                                                recommendations.
Mutual Recognition (Western         P&C                                         National review completed in July         Publicly
Australia) Act 1995                                                             1998.                                     available
North West Gas Development          MPR                                         Not for review.                           No report      Act repealed and replaced by the
(Woodside) Agreement Act 1979                                                                                                            North West Gas Development
                                                                                                                                         (Woodside) Agreement
                                                                                                                                         Amendment Act 1994.




                                                                                                                                                                       57
Name of legislation             Agency Major restrictions                    Comments on review                        Report         Comments on reform
                                                                                                                       availability
North West Gas Development      MPR     Differential treatment.              Review completed in 1998.                 Subject to     Act retained without reform in
(Woodside) Agreement                                                                                                   Ministerial    view of sovereign risk
Amendment Act 1994                                                                                                     approval       implications of unilateral
                                                                                                                                      amendment or repeal.
Northern Developments (Ord      LA      Differential treatment.              No review undertaken.                     No report      Being repealed in the Statutes
River) Pty Ltd Agreement Act                                                                                                          (Repeals and Minor Amendments)
1960                                                                                                                                  Omnibus Bill. Introduced to
                                                                                                                                      Parliament on 28 June 2001.
                                                                                                                                      Referred to the Legislative
                                                                                                                                      Standing Committee on 1 August
                                                                                                                                      2001
Northern Developments Pty Ltd   LA      Differential treatment.              No review undertaken                      No report      Being repealed in the Statutes
Agreement Act 1957                                                                                                                    (Repeals and Minor Amendments)
                                                                                                                                      Omnibus Bill. Introduced to
                                                                                                                                      Parliament on 28 June 2001.
                                                                                                                                      Referred to the Legislative
                                                                                                                                      Standing Committee on 1 August
                                                                                                                                      2001.
Northern Developments Pty Ltd   LA      Differential treatment.              No review undertaken                      No report      Being repealed in the Statutes
Agreement Act 1969                                                                                                                    (Repeals and Minor Amendments)
                                                                                                                                      Omnibus Bill. Introduced to
                                                                                                                                      Parliament on 28 June 2001.
                                                                                                                                      Referred to the Legislative
                                                                                                                                      Standing Committee on 1 August
                                                                                                                                      2001.
Nurses Act 1992                 H       Entry, registration, title, practice, New health practitioner legislation is   Key
                                        discipline.                           being drafted in accord with NCP         Directions
                                                                              principles following Key Directions      report
                                                                              paper, which was released in June        available
                                                                              2001.
Occupational Therapists         H       Entry, registration, title, practice, New health practitioner legislation is   Key
Registration Act 1980                   discipline.                           being drafted in accord with NCP         Directions
                                                                              principles following Key Directions      report
                                                                              paper, which was released in June        available
                                                                              2001.
Offensive Trades (Fees)         H       Licensing.                            Review underway.
Regulations 1976




                                                                                                                                                               58
Name of legislation               Agency Major restrictions                    Comments on review                         Report         Comments on reform
                                                                                                                          availability
Optical Dispensers Act 1966       H       Licensing.                           Cabinet approved repeal.                                  To be repealed
Optometrists Act 1940             H       Entry, registration, title, practice, New health practitioner legislation is    Key
                                          discipline, advertising.              being drafted in accord with NCP          Directions
                                                                                principles following Key Directions       report
                                                                                paper, which was released in June         available
                                                                                2001.
Ord Irrigation District By-laws   WRC     Market power to Water                 Review by Water and Rivers                Subject to     Amendments to By-laws
                                          Corporation. Differential rights to Commission completed in January             Ministerial    proposed to reflect devolved
                                          irrigators within the area.           2000. Review proposed no action as        approval       ownership and control of the
                                                                                the minor restrictions are justified on                  scheme.
                                                                                public welfare grounds to maintain
                                                                                security of supply and safeguard
                                                                                infrastructure.

                                                                               The Government endorsed the
                                                                               recommendations of the review on 14
                                                                               August 2000.
Osteopaths Act 1997               H       Entry, registration, title,          Review completed in 1997. Under
                                          discipline.                          review in context of new Health
                                                                               Practitioners Legislation.




                                                                                                                                                                        59
Name of legislation              Agency Major restrictions                    Comments on review                        Report         Comments on reform
                                                                                                                        availability
Painters Registration Act 1961   CEP     Licensing and registration (for      Review completed in 1998, concluding Subject to          Original review completed but
                                         persons carrying on a painting       that the current system of mandatory Ministerial         overtaken by the Gunning
                                         business in their own right and      licensing is too restrictive and should approval         Inquiry. The Gunning Committee
                                         not as employees and for             be removed. The review                                   of Inquiry was commissioned on
                                         painting valued greater than         recommended a certification scheme                       3 April 2000 to conduct a Special
                                         $200), entry requirements            be developed to allow consumers to                       Inquiry under the Public Sector
                                         (degree/apprenticeship/              readily identify painters who possess                    Management Act 1994 into the
                                         experience and exams, age, good particular skills. It also recommended                        operations of the Boards and
                                         character), the reservation of title negative licensing to support a                          Committees in the Fair Trading
                                         and practice, disciplinary           certification system, allowing for the                   portfolio.
                                         processes, business licensing.       removal from the industry of persons
                                                                              who do not adhere to basic standards                     A wider review of the industry
                                                                              of commercial conduct. These changes                     has been conducted and is
                                                                              will reduce business costs but will still                shortly to be presented to the
                                                                              enable some control of the industry                      Minister.
                                                                              and certainty for consumers.

                                                                          Government endorsed the review
                                                                          recommendations.
Pathology Centre Notice and      H       The Agencies (PathCentre) Notice Review of Agencies (PathCentre)
Directions 1995                          1995 does not contain provisions Notice 1995 completed and endorsed
                                         restricting competition.         by Government.

                                         The PathCentre Directions 1995 Review of PathCentre Directions 1995
                                         restricts Sir Charles Gairdner   underway.
                                         Hospital Board from conducting a
                                         pathology service.




                                                                                                                                                                   60
Name of legislation             Agency Major restrictions                     Comments on review                      Report         Comments on reform
                                                                                                                      availability
Pawnbrokers and Second-hand      P      Licensing (pawnbrokers, second-       Review by WA Police Service             Subject to     No change.
Dealers Act 1994 and Regulations        hand dealers for not exempt           completed in 1999. Consultation         Ministerial
                                        goods), registration, entry           involved when developing legislation.   approval
                                        requirements (good character, fit     No public consultation during review.
                                        and proper person - that is,          Review recommended: retaining the
                                        adequate management,                  current licensing provisions on the
                                        supervision and control of            understanding that they may be
                                        business operations, and no           modified following future review;
                                        conviction of dishonesty, fraud,      conducting a further review after the
                                        or stealing offence in past five      current legislation had been in
                                        years), the reservation of            operation for an additional three
                                        practice, disciplinary processes,     years; and examining alternative
                                        business conduct (pawnbrokers:        approaches, including those likely to
                                        prescribed records, computer          be introduced in other States.
                                        records, notification of pawner of
                                        surplus of proceeds of sale;          Government endorsed the review
                                        second-hand dealers: prescribed       recommendations.
                                        records, holding of goods for
                                        prescribed period, requirement
                                        that seller provide identification,
                                        cooperation with police).




                                                                                                                                                          61
Name of legislation              Agency Major restrictions                    Comments on review                         Report         Comments on reform
                                                                                                                         availability
Pearling Act 1990 and Regulations F      Licensing of pearling and            Review completed in 1998. It               Publicly       The agency is preparing drafting
                                         hatcheries. Minimum quota            recommended:                               available      instructions for a Pearling Bill
                                         holding for pearling licences.                                                                 which will include a range of
                                         Hatchery licensees must also hold       removing minimum quota                                measures in addition to NCP
                                         pearling licence. Wildstock quota.       holdings;                                             issues.
                                         Hatchery quota. Hatchery sales          decoupling pearl farming licences
                                         to other than Australian industry        from pearl fishing licences;
                                         prohibited.                             auctioning wildstock quotas;
                                                                                 removing hatchery quotas;
                                                                                 codifying in regulation criteria for
                                                                                  fishery management decisions;
                                                                                  and
                                                                                 establishing an independent
                                                                                  review tribunal.

                                                                              The Government accepted the
                                                                              review’s recommendations except for
                                                                              the recommendation to remove the
                                                                              quota for pearl oyster hatchery limits
                                                                              and the recommendation that
                                                                              increases in total allowable catch be
                                                                              auctioned rather than allocated
                                                                              directly to bidders.
Perth Market Act 1926 and        A       Licensing, differential treatment.   Review completed in 2002.                  Subject to     Department of Agriculture is
Regulations                                                                   Consultation involved public               Ministerial    developing drafting instructions
                                                                              advertisement and calling for              approval       for the amendments.
                                                                              submissions in June 2000.

                                                                              In May 2002 the Government
                                                                              endorsed the review recommendations
                                                                              to remove the wholesale market
                                                                              monopoly and remove restrictive
                                                                              trading conditions.




                                                                                                                                                                     62
Name of legislation             Agency Major restrictions                    Comments on review                         Report         Comments on reform
                                                                                                                        availability
Perth Parking Management Bill   PI      Licensing, differential treatment.   Reviewed as new legislation.               Subject to     Assented to on 19 May 1999.
1998                                                                                                                    Ministerial
                                                                             New Act removes discriminatory             approval
                                                                             treatment of Council and private
                                                                             parking providers, licenses and limits
                                                                             parking places in Perth Central
                                                                             Business District. Public benefits are
                                                                             reduced Central Business District
                                                                             congestion and improved air quality.
                                                                             Government approved on 18 May
                                                                             1998.
Perth Theatre Trust Act 1979    PTT     Competitive neutrality.              Review completed in 2002. Inter-           Subject to     No change.
                                                                             agency consultation.                       Ministerial
                                                                                                                        approval
                                                                             In May 2002 the Government
                                                                             endorsed the review recommendation
                                                                             that the State tax and stamp duty
                                                                             exemptions provided to the Perth
                                                                             Theatre Trust are in the public interest
                                                                             and should be retained. The
                                                                             exemption from rates and taxes is
                                                                             considered to have a minimal impact
                                                                             on restricting competition. For many
                                                                             of the performing art forms, which the
                                                                             Trust venues host, there is no
                                                                             competition between venues because
                                                                             of the technical requirements of the
                                                                             performance space.
Petroleum (Submerged Lands)     MPR     Regulates exploration for and        National review completed in                              Amendments to be developed by
Act 1982 and Regulations                development of undersea              1999/2000. Endorsed by ANZMEC                             Commonwealth and subsequently
                                        petroleum resources. This            Ministers.                                                reflected in State and Territory
                                        legislation forms part of a                                                                    legislation.
                                        national scheme.
Petroleum Act 1967              MPR     Regulates onshore exploration for Reviewed at divisional level. To be           Subject to
                                        and development of petroleum      considered after outcome of the               Ministerial
                                        reserves.                         Petroleum (Submerged Lands) Act               approval
                                                                          1982 is finalised.




                                                                                                                                                                  63
Name of legislation              Agency Major restrictions                  Comments on review                        Report         Comments on reform
                                                                                                                      availability
Petroleum Pipelines Act 1969 and MPR     Regulates construction and         Review completed in 2001.                 Subject to     Review recommendation to be
Regulations                              operation of petroleum pipelines   Recommended one amendment with            Ministerial    implemented via legislative
                                         in WA.                             respect to issuing pipeline licenses.     approval       amendment.
Petroleum Products Pricing      CEP      Regulates the petroleum industry   Review completed in 2002.                 Subject to     No change.
Amendment Act 2000 and                   and fuel prices in particular.                                               Ministerial
Petroleum Legislation Amendment                                             In May 2002 the Government                approval
Act 2001                                                                    endorsed the review recommendation
                                                                            to retain all restrictions on
                                                                            competition. The review found that
                                                                            regulation of the petroleum is
                                                                            necessary to protect consumers,
                                                                            encourage stability in pricing and
                                                                            provide for the transparency of
                                                                            pricing.
Petroleum Products Subsidy Act   MPR     Market power.                      Review underway.
1965 and Regulations
Pharmacy Act 1964                H       Entry, registration, title, practice, National Review of Pharmacy            Publicly
                                         discipline, advertising, business, Regulation (Wilkinson Review)             available
                                         ownership, licensing, residence. completed in February 2000. The
                                                                               review recommended retaining
                                                                               registration, the protection of title,
                                                                               practice restrictions and disciplinary
                                                                               systems (although with minor changes
                                                                               to the registration systems
                                                                               recommended for individual
                                                                               jurisdictions). Further, the review
                                                                               recommended maintaining existing
                                                                               ownership restrictions, and removing
                                                                               business licensing restrictions.

                                                                            CoAG referred the Wilkinson Review to
                                                                            a senior officials' working party. CoAG
                                                                            is considering the senior officials’
                                                                            recommendations.




                                                                                                                                                              64
Name of legislation                 Agency Major restrictions                   Comments on review                        Report         Comments on reform
                                                                                                                          availability
Physiotherapists Act 1950           H       Entry, registration, title, practice, New health practitioner legislation is  Key
                                            discipline.                           being drafted in accord with NCP        Directions
                                                                                  principles following Key Directions     report
                                                                                  paper, which was released in June       available
                                                                                  2001.
Pig Industry Compensation Act       A       Ministerial discretion over           Review completed by Agriculture WA Subject to          Act to be repealed.
1942                                        allocation of funds raised            officials in 1997. It recommended:     Ministerial
                                            compulsorily for scientific                                                  approval
                                            research. Minister may levy            changes to ensure that funds from
                                            growers to fund services to the            compulsory levies are used only
                                            pig industry including                     for services of a public good
                                            compensation and disease control           nature; and
                                            programs.                              retaining the power of the Minister
                                                                                       to levy growers.

Piggeries Regulations 1952          H                                           Review underway.
Planning legislation: Town          PI      Controls land use via town          Review underway. Legislation (Town
Planning and Development Act                planning schemes.                   Planning and Development Act 1928,
1928, Western Australian                                                        Western Australian Planning
Planning Commission Act 1985,                                                   Commission Act 1985, Metropolitan
Metropolitan Region Town                                                        Region Town Planning Scheme Act
Planning Scheme Act 1959                                                        1959) consolidated into Urban and
                                                                                Regional Planning Bill. A review of the
                                                                                Bill has been drafted for consideration
                                                                                by the Minister for Planning.
Plant Pests and Diseases            A       Power of Minister to impose         Review completed in 1997. It              Subject to     Proposal to implement review
(Eradication Funds) Act 1974                levies and Ministerial discretion   recommended amending the Act to           Ministerial    recommendations via legislation
[previously the Skeleton Weed               over application of funds.          ensure that levies fund only services     approval       amendment is being considered
and Resistant Grain Insects                                                     that are of a sufficiently public good                   by Government.
(Eradication Funds) Act 1974]                                                   nature and that have been assessed
                                                                                as in accordance with a benefit-cost
                                                                                methodology.
Podiatrists Registration Act 1984   H       Entry, registration, title,         New health practitioner legislation is    Key
                                            practice, discipline.               being drafted in accord with NCP          Directions
                                                                                principles following Key Directions       report
                                                                                paper, which was released in June         available
                                                                                2001.




                                                                                                                                                                    65
Name of legislation                Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                        availability
Poisons Act 1964                   H       Licensing.                          Part of Galbally Review. Draft review
                                                                               report completed 11 September 2000.
                                                                               Final review report given to the
                                                                               Australian Health Ministers Conference
                                                                               in early 2001.

                                                                               Final review report under
                                                                               consideration by the Australian Health
                                                                               Ministers Advisory Council.

Police Force Canteen Regulations   P       The Regulations enable a            Review completed in 1998. Review         Subject to     Regulations were repealed on 3
1988                                       Canteen to sell liquor under        concluded the effect of the restriction Ministerial     July 2001.
                                           terms and conditions that are not   is to enable the Canteen more            approval
                                           subject to the requirements of      flexibility in its operations than would
                                           the Liquor Licensing Act 1988,      be afforded to a private sector
                                           and therefore discriminate in       operator. Recommended that as the
                                           favour of the Canteen over          restrictions have a minimal impact and
                                           competing businesses in the         cannot be justified in the public
                                           private sector.                     interest, and thus the report
                                                                               concluded that the advantages should
                                                                               be removed. As there is no canteen
                                                                               operating at the moment, the report
                                                                               recommends that the removal of the
                                                                               restriction be addressed following the
                                                                               review of the Liquor Licensing Act. If a
                                                                               canteen is established before the
                                                                               review is completed, the review
                                                                               recommends that the canteen
                                                                               voluntarily comply with the Act.

                                                                               The Government endorsed the
                                                                               recommendations of the review. Minor
                                                                               amendments are necessary.




                                                                                                                                                                  66
Name of legislation               Agency Major restrictions                   Comments on review                     Report         Comments on reform
                                                                                                                     availability
Port Authorities Act 1998         PI      Imposes accountability and          Review completed in 1997. Review       No report      New Act following review of ports
                                          ownership requirements,             concluded that the objectives of the                  instruments assented to on 29
                                          together with safety and public     legislation could not be achieved by                  June 1999.
                                          interest controls. Restrictions     means other than through the
                                          include exemptions from planning    licensing restrictions. Act repeals
                                          and building requirements; public   individual port Acts.
                                          sector management provisions;
                                          accountability provisions;
                                          requirements for Ministerial
                                          approval; consultation and
                                          borrowing limits provisions;
                                          pilotage provisions; licensing
                                          provisions.
Port Hedland Port Authority Act   PI      Restrictions on market entry and    No review undertaken                   No report      Act repealed. Replaced by generic
1970 and Regulations                      conduct.                                                                                  Port Authorities Act 1998.
Port Kennedy Development          PI      Competitive neutrality.             Review recommended no change.          Subject to     No change.
Agreement Act 1992                                                                                                   Ministerial
                                                                           Review approved by Government in          approval
                                                                           August 2000.
Ports (Model Pilotage) Regulations PI     Restrictions on market entry and No review undertaken.                     No report      Act repealed. Replaced by generic
1994                                      conduct.                                                                                  Port Authorities Act 1998.
Ports Functions Act 1993           PI     Restrictions on market conduct.   No review undertaken                     No report      Act repealed. Replaced by generic
                                                                                                                                    Port Authorities Act 1998.
Potato Growing Industry Trust     A       Power to raise a compulsory levy    Review by officials completed. It    Subject to       No change.
Fund Act 1947                             on the sale of potatoes for the     recommended retaining the            Ministerial
                                          purposes of disease control and     restriction. Government approved the approval
                                          providing compensation to           review’s recommendations.
                                          growers in the event of a disease
                                          outbreak.




                                                                                                                                                                67
Name of legislation                  Agency Major restrictions                  Comments on review                      Report         Comments on reform
                                                                                                                        availability
Poultry Industry (Trust Fund) Act A          Power of the Poultry Industry     Review by officials completed in 1997. Subject to       Act will be repealed when a
1948                                         Trust Fund Committee to impose It recommended:                             Ministerial    poultry producers committee is
                                             levies.                                                                    approval       formed under the Agriculture
                                                                                amending the legislation to ensure                    Produce Commission Act 1988.
                                             Financial assistance from the          that levies fund only services that
                                             Trust Fund to the Poultry Farmers      are of a sufficiently public good
                                             Association.                           nature and that have been subject
                                                                                    to a benefit cost analysis;
                                                                                replacing the compulsory levy to
                                                                                    fund the Poultry Farmers
                                                                                    Association with a voluntary levy;
                                                                                    and
                                                                                retaining the levy raising power.
Poultry Processing Establishments H                                            Repealed by Regulation 28 of the                        Repealed.
Regulations 1973                                                               Health (Meat Hygiene) Regulations
                                                                               2001
Preston Valley Irrigation District   WRC     Differential treatment.           Review by Water and Rivers               Subject to     Water Corp is drafting
By-laws                                                                        Commission completed in January          Ministerial    amendments in consultation with
                                                                               2000. Review proposed retaining the approval            Water and Rivers Commission.
                                                                               restrictions on competition found to be
                                                                               in the public interest and to amend
                                                                               the by-laws to reflect current
                                                                               management practices since they do
                                                                               not reflect the responsibilities of the
                                                                               Water Corporation and the grower
                                                                               cooperatives since the devolution of
                                                                               irrigation management.

                                                                                The Government endorsed the
                                                                                recommendations of the review on 14
                                                                                August 2000.




                                                                                                                                                                  68
Name of legislation               Agency Major restrictions                     Comments on review                       Report         Comments on reform
                                                                                                                         availability
Professional Standards Act 1997   J       Provides for limiting liability for   Department review completed in           Subject to     No change.
                                          persons who are members of            1998. No public consultation. Review     Ministerial
                                          prescribed associations.              recommended retaining restriction on     approval
                                                                                competition.

                                                                                Government endorsed review
                                                                                recommendations in July 1999.
Psychologists Registration Act    H       Entry, registration, title,           New health practitioner legislation is   Key
1976                                      practice, discipline.                 being drafted in accord with NCP         Directions
                                                                                principles following Key Directions      report
                                                                                paper, which was released in June        available
                                                                                2001.




                                                                                                                                                             69
Name of legislation               Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                       availability
Public Works Act 1902             HW      Four restrictions all of which are Review completed. The review              Subject to     No change.
                                          related to competitive neutrality: classified restrictions as minor, as      Ministerial
                                                                              their economic effects are insignificant approval
                                           financial provisions and          and they are used to facilitate public
                                               powers which potentially       works, the wider public benefit of
                                               allow the Western Australian which have already been assessed.
                                               Building Management            The costs and loss of flexibility
                                               Authority to access avenues associated with more stringent
                                               of credit unavailable to       definition of the projects to which the
                                               private firms in competing     provisions may apply were found to
                                               commercial activities;         outweigh the minimal benefit that
                                           powers of entry on to land        might accrue. The extension of
                                               for the purposes of public     relevant powers to the private sector,
                                               works which may lead to cost in certain cases, was considered.
                                               savings deriving from not      However, given the negligible current
                                               having to secure rights of     involvement of the private sector in
                                               access from landowners -       providing public infrastructure in WA,
                                               such savings are not           such reform is not considered
                                               available to private firms;    justified. Recommended retaining the
                                           powers to close roads or          restrictions.
                                               streets which may reduce the
                                               cost of works through not      Government endorsed the
                                               having to provide for access recommendations of the review.
                                               or protect the safety of road
                                               users in the vicinity of works
                                               - a right not available to
                                               private firms; and
                                           exemptions from local
                                               building regulations (except
                                               public health regulations)
                                               which may provide cost
                                               advantages over firms which
                                               have to comply with local
                                               regulations.
Queen Elizabeth II Medical        H       No restrictions identified.         Review completed and endorsed by         Subject to     No change.
Centre (Delegated Site) By-laws                                               Government.                              Ministerial
1986                                                                                                                   approval




                                                                                                                                                           70
Name of legislation                 Agency Major restrictions                    Comments on review                      Report         Comments on reform
                                                                                                                         availability
Racing Restrictions Act 1917        RGL     Licensing, differential treatment.   Review completed in 1998.               Publicly       To be amended via the Acts
                                                                                 Recommended limiting the authority      available      Amendment Repeal (Competition
                                                                                 of the WA Turf Club to thoroughbred                    Policy) Bill 2002.
                                                                                 racing and providing for licensing of
                                                                                 other forms of horse racing where in
                                                                                 the public interest. It recommended
                                                                                 retaining the centralised control of
                                                                                 horse racing and trotting with the
                                                                                 industry bodies.

                                                                                 Government endorsed the findings of
                                                                                 the review.
Racing Restrictions Act 1927        RGL     Prevents the use of 'mechanical      Review completed in 1999. Review        Publicly       Act to be repealed via the Acts
                                            devices' in races for other than     recommended repeal of the Act.          available      Amendment and Repeal
                                            horses. It aimed to prevent the      Endorsed by Government.                                (Competition Policy) Bill 2002.
                                            introduction of greyhound racing.
Radiation Safety Act 1975           H       Licensing.                        National review has been completed         Publicly
                                                                              and the national implementation plan       available
Radiation Safety (General)                                                    is currently being developed.
Regulations 1983-1999

Radiation Safety (Transport of
Radioactive Substances)
Regulations 1980-1999

Radiation Safety (Qualifications)
Regulations 1980-1999




                                                                                                                                                                     71
Name of legislation              Agency Major restrictions                      Comments on review                        Report         Comments on reform
                                                                                                                          availability
Rates and Charges (Rebates and   TF      The restrictions identified refer to   Review completed in 1998. It              Subject to     No change.
Deferments) Act 1992                     the differential treatment             concluded that the effects of the         Ministerial
                                         afforded pensioners and other          restrictions on competition are           approval
                                         eligible persons with respect to       minimal. Only a very small group of
                                         certain amounts payable by way         eligible persons could potentially
                                         of rates and charges. The              obtain a competitive advantage from
                                         legislation, in effect,                the differential treatment received,
                                         discriminates in favour of             and where such advantage occurred it
                                         pensioners and other eligible          would be minor. On the other hand,
                                         persons.                               the removal of pensioner rebates and
                                                                                deferments in respect of rates and
                                                                                charges would have a significant
                                                                                impact on the standard of living of
                                                                                pensioners and other eligible persons.

                                                                                An alternative to the way in which the
                                                                                State Revenue Department
                                                                                administered rebates and deferments
                                                                                to eligible persons was considered.
                                                                                However, it was concluded that this
                                                                                alternative would result in greater
                                                                                administrative cost than the present
                                                                                scheme and therefore would not be in
                                                                                the public interest.

                                                                                Recommended that all of the
                                                                                restrictive elements of the legislation
                                                                                should be retained on public interest
                                                                                grounds.

                                                                                Government endorsed the
                                                                                recommendations of the review.




                                                                                                                                                              72
Name of legislation               Agency Major restrictions                 Comments on review                         Report         Comments on reform
                                                                                                                       availability
Real Estate and Business Agents   CEP     Licensing (agent's licence, sales Department review underway.                               Maximum fees removed in 1998.
Act 1978 and Regulations                  representative's certificate),     Discussion paper released in April
                                          registration, entry requirements 1999. Draft report being finalised.
                                          (aged over 18 years, good
                                          character, fit and proper person
                                          (including having done prescribed
                                          courses, understands duties and
                                          obligations under Act), for agent,
                                          sufficient material and financial
                                          resources), the reservation of
                                          practice, disciplinary processes,
                                          business conduct (branch office/s
                                          require separate manager/s,
                                          supervision and control, records,
                                          trust accounts, audit, code of
                                          conduct, advertising, fidelity
                                          fund), business licensing.
Regional Development              LGRD                                       Review underway. Submissions to be
Commissions Act 1993                                                         sought from Commissions and local
                                                                             government.
Retail Trading Hours Act 1987 and CEP     Monday to Saturday trading         An Industry Reference Group report
Regulations                               hours regulated. Sunday trading was completed in 1999. The Reference
                                          hours limited and prohibited       Group's charter was to seek public
                                          outside tourism zones. No          submissions and to make
                                          restrictions above the 26th        recommendations to the Minister.
                                          parallel.                          Following the Minister's consideration
                                                                             of the IRG report, the Department of
                                                                             Consumer and Employment Protection
                                                                             is now finalising the NCP report on the
                                                                             Retail Trading Hours Act 1987.




                                                                                                                                                               73
Name of legislation                Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                        availability
Retirement Villages Act 1992,      CEP     Restrictions on the use of          Review completed in 2002. The            Subject to     CEP developing drafting
Regulations and Code of Practice           retirement village land;            Retirement Villages Reference Group      Ministerial    instructions for the necessary
                                           compliance with the Code of Fair    produced a discussion paper and          approval       amendments.
                                           Practice for Retirement Villages;   responses were obtained from
                                           and marketing and price             retirement village residents and
                                           determination rights                associations.

                                                                               In May 2002 the Government
                                                                               endorsed the review’s
                                                                               recommendations to amend the
                                                                               following:

                                                                                  restrictions on the use of
                                                                                   retirement village land: by making
                                                                                   the process for the termination of
                                                                                   a village scheme and the removal
                                                                                   of a memorial from the whole or a
                                                                                   part of the village land simpler
                                                                                   and more cost effective;
                                                                                  the Code of Fair Practice for
                                                                                   Retirement Villages: by
                                                                                   incorporating the existing Code
                                                                                   and Act into a single Act; and
                                                                                  restrictions associated with the
                                                                                   marketing and price determination
                                                                                   rights of residents: by providing
                                                                                   residents with the right to be
                                                                                   involved in the marketing of a
                                                                                   unit, to receive monthly marketing
                                                                                   reports and to have some price
                                                                                   determination rights.




                                                                                                                                                                    74
Name of legislation               Agency Major restrictions                 Comments on review                    Report         Comments on reform
                                                                                                                  availability
Rights in Water and Irrigation    WRC     Licensing restrictions. The Waters Review by Water and Rivers           Subject to     Changes to the regulations are
(Construction and Alteration of           and Rivers Commission is given      Commission completed in January     Ministerial    being progressed to remove the
Wells) Regulations 1963                   sole rights to fit, repair and test 2000.                               approval       Water and Rivers Commission's
                                          water meters.                                                                          exclusive right to the fitting,
                                                                              The Government endorsed the                        repair and testing of water
                                                                              recommendations of the review on 14                meters.
                                                                              August 2000.
Rights in Water and Irrigation Act WRC    Licensing of rights to take water. Review by Water and Rivers           Subject to     Drafting instructions to include
1914 and Regulations                      Monopoly powers of Water            Commission completed.               Ministerial    the recommended amendments
                                          Corporation.                                                            approval       in the proposed Acts Amendment
                                                                              Government endorsed the review                     (Competition Policy) Bill 2002
                                                                              recommendation on 20 December                      have been forwarded to
                                                                              1999.                                              Parliamentary Counsel.




                                                                                                                                                             75
Name of legislation             Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                     availability
Rottnest Island Authority Act   RIA      The membership of the              Review completed in 1998. The review Subject to        No change.
1987                                         Authority;                      found that generally the restrictions   Ministerial
                                         Access to facilities on the        on competition are necessary to         approval
                                             island is limited;              achieve the objectives of the
                                         The Authority has the power legislation. The objectives of the
                                             to grant leases and licences legislation are expressly to preserve
                                             on the island;                  the character of the island, to protect
                                         The Authority is prohibited        the environment and to ensure that
                                             from selling any land on        Rottnest is accessible as an affordable
                                             Rottnest;                       holiday destination. The review
                                         The Authority is prevented         recommended retaining the
                                             from allowing anyone to         restrictions on public benefit grounds
                                             remove any flora, fauna,        with the exception of the restriction
                                             rock, stone or soil from the    prescribing the knowledge and
                                             island for any commercial       experience necessary for appointment
                                             purposes;                       as a member of the authority which is
                                         Limitation on development          to be removed. The continued need
                                             and provision of                for a Management Plan for Rottnest
                                             accommodation;                  should be considered in the context of
                                         Requirement for a                  any Government wide review of the
                                             management plan;                use of Management Plans in the
                                         Enforcement Powers of              management of A-class reserves and
                                             Rangers;                        the restriction on competition relating
                                         Requirement for revenue to to access to facilities and the
                                             at least equal expenditure      requirement for revenue to at least
                                             and application of net profits; equal expenditure and application of
                                         Building work to be approved net profits are to be considered in the
                                                                             Authority's competitive neutrality
                                             by the Authority; and
                                                                             review.
                                         Control of certain activities
                                             on Rottnest.
                                                                             Government has decided to retain all
                                                                             of the restrictions, including the
                                                                             restriction to appoint board members
                                                                             with prescribed knowledge and
                                                                             experience.
Rural Adjustment and Finance    A       Differential treatment.              Not for review.                         No report      Repealed and replaced by the
Corporation Act 1993                                                                                                                Rural Business Development
                                                                                                                                    Corporation Act 2000.




                                                                                                                                                               76
Name of legislation               Agency Major restrictions                     Comments on review                       Report         Comments on reform
                                                                                                                         availability
Rural Housing Bill                CHA     Differential treatment of the         Review completed in 1998. It             Subject to     Changed name to Country
                                          Authority compared with similar       classified the restrictions as minor and Ministerial    Housing Act 1997.
                                          private sector institutions           in the public interest.                  approval
                                          (Sections 5,11,16,17); and                                                                    No change.

                                          differential treatment of
                                          customers based on location,
                                          occupation or type of business
                                          (Sections 18-26).


Sandalwood Act 1929 and           FPC     Caps the quantity of naturally        Review completed. It recommended         Subject to     Amendments being progressed
Regulations                               occurring sandalwood harvested        retaining the overall cap on the         Ministerial    via Act Amendment and Repeal
                                          from Crown and private land.          quantity sandalwood harvested while      approval       (Competition Policy) Bill.
                                          Licensing the harvesting of           removing the restriction on the
                                          sandalwood. Individual licences       proportion of the annual sandalwood
                                          capped at 10 per cent of the total    harvest that may be taken from
                                          limit.                                private land.
Secret Harbour Management         PI      Competitive neutrality.                                                        No report      Repeal pending.
Trust Act 1984
Securities Agents Act 1976 and    J       Licensing.                                                                     No report      Act repealed and replaced by
Regulations                                                                                                                             Security and Related Activities
                                                                                                                                        (Control) Act 1996.
Security and Related Activities   P       Licensing (security and inquiry       Review by WA Police Service              Subject to     No change.
(Control) Act 1996                        activities), registration, entry      completed. Review involved no            Ministerial
                                          requirements (training, character,    consultation. The review concluded       approval
                                          possible medical exam for             the security and related industries
                                          security officers), the reservation   need statutory control to ensure high
                                          of practice, business conduct         standards and to instil public
                                          (operating restrictions, no           confidence, especially in the area of
                                          advertise unless licensed),           crowd control. The review concluded
                                          business licensing.                   that the legislation is effective and
                                                                                provides the necessary controls to
                                                                                maintain and improve the industry.

                                                                                Government endorsed review
                                                                                recommendation in 2000.




                                                                                                                                                                     77
Name of legislation              Agency Major restrictions   Comments on review   Report         Comments on reform
                                                                                  availability
Seeds Act 1981 and Regulations   A                           Review completed.    Subject to     Act to be repealed by the
                                                                                  Ministerial    Agriculture Management Bill
                                                                                  approval       which is currently being drafted.




                                                                                                                              78
Name of legislation            Agency Major restrictions                   Comments on review                       Report         Comments on reform
                                                                                                                    availability
Settlements Agents Act 1981 and CEP    Licensing, entry requirements       Department review was completed in       Subject to     DCEP developing drafting
Regulations                            (qualifications, two years          May 2002. A discussion paper was         Ministerial    instructions for the amendments.
                                       experience, age, good character,    sent to industry participants and the    approval
                                       fit and proper person, material     Consumer Association of WA.
                                       and financial resources, resident   Consultation was conducted through a
                                       in WA), the reservation of          reference group comprising industry,
                                       practice, business conduct          the Settlement Agents Board and
                                       (supervision, trust accounts,       consumer representatives.
                                       maximum fees, professional
                                       indemnity insurance, fidelity       In May 2002 the Government
                                       fund), business licensing.          endorsed the review’s
                                                                           recommendations that the following
                                                                           restrictions on competition be
                                                                           amended:

                                                                              the requirement for agents to
                                                                               have sufficient material and
                                                                               financial resources;
                                                                              the requirement for natural
                                                                               persons to be ordinarily resident
                                                                               in the State;
                                                                              the existing supervision
                                                                               requirements in the Act and Code
                                                                               of Conduct be replaced with
                                                                               provisions which are more
                                                                               objective and relevant to the
                                                                               nature of the market today;
                                                                              that regulation of maximum fees
                                                                               an agent can charge for service
                                                                               rendered be removed by the
                                                                               repeal of the Settlement Agents
                                                                               (Remuneration) Notice 2000; and
                                                                              the requirement for all agents to
                                                                               hold professional indemnity
                                                                               insurance be amended to give
                                                                               licensees the option of either
                                                                               arranging their own insurance at a
                                                                               prescribed minimum level of cover
                                                                               with an insurer of their choice or
                                                                               insuring under any master policy
                                                                               negotiated by the Board.

                                                                                                                                                              79
Name of legislation                 Agency Major restrictions                  Comments on review                     Report         Comments on reform
                                                                                                                      availability
Shipping and Pilotage Act 1967      PI      Governs pilotage services          No review undertaken.                  No report      Act to be repealed.
and Regulations                             (licensing, competitive neutrality
                                            issues).
Small Business Development          SBDC    Differential treatment of          Review completed. Review found the     Subject to     No change.
Corporation Act 1983                        businesses.                        effects of the restrictions on         Ministerial
                                                                               competition to have no practical       approval
                                                                               importance.

                                                                               Government endorsed review findings.
Small Business Guarantees Act       SBDC    Differential treatment.            Not for review.                      No report        Act to be repealed.
1984 and Regulations
Soil and Land Conservation Act      A       Market power. Soil conservation    Review completed.                      Subject to     No change.
1945 and Regulations                        notices, rates and service                                                Ministerial
                                            charges, clearing controls, and    Government endorsed the review         approval
                                            90-day notice to clear or drain    recommendations
                                            land.


South Fremantle Oil Installations   CMS     Licensing.                         See comments of Anglo-Persian Oil      Subject to     No change.
Pipeline Act 1948                                                              Company Limited (Private) Act 1919.    Ministerial
                                                                                                                      approval.
                                                                               Government endorsed the review
                                                                               recommendations
State Employment and Skills         DT      Licensing.                         Not reviewed.                          No report      Repealed and replaced by the
Development Authority Act 1990                                                                                                       Vocational Education and Training
and Regulations                                                                                                                      Act.
State Superannuation Act 2000       GESB    Limits on choice of fund           Review currently being considered by
                                            managers. The Government           the Government.
                                            Employee Superannuation Board
                                            (GESB) is the sole fund provider
                                            which government employees
                                            must use.
State Supply Commission Act         HW      Differential treatment.            Review completed.                      Subject to     Minor amendment being
1985 and Regulations                                                                                                  Ministerial    progressed via the Acts
                                                                                                                      approval       Amendment and Repeal
                                                                                                                                     (Competition Policy) Bill 2002.




                                                                                                                                                                  80
Name of legislation                 Agency Major restrictions                    Comments on review                       Report         Comments on reform
                                                                                                                          availability
State Trading Concerns Act 1916     TF      The Act prohibits the Government     Review completed in 1998. It             Subject to     No change.
                                            from entering into or establishing   concluded that while the legislation     Ministerial
                                            any trading concern, except          restricts the freedom with which         approval
                                            where the entity has been            government agencies can enter
                                            established under specific           markets for goods and services it also
                                            enabling legislation; has been       reduces the risk that Government will
                                            established as a 'trading concern'   become involved in inappropriate
                                            under the Act; or is a department    ventures. Recommended the
                                            and has been authorised by the       restriction be retained.
                                            Treasurer under the Act to
                                            generate revenue from specified      The Government endorsed the
                                            activities.                          recommendations of the review.
Statutory Corporations (Liability   J       Differential treatment of            Not for review. Assessment of the         No report     No change.
of Directors) Act 1996                      directors.                           effects of the potential restriction
                                                                                 indicated that it does not give rise to
                                                                                 significant costs or benefits. In view of
                                                                                 this the Act was considered to not give
                                                                                 rise to a restriction on competition.
                                                                                 The 1998 amendments impose similar
                                                                                 constraints on directors of statutory
                                                                                 corporations as apply to private
                                                                                 corporations, and therefore does not
                                                                                 give rise to restrictions on
                                                                                 competition.
Stipendiary Magistrates Act 1957 J          The Act provides for the             No review undertaken.                     No report     The Act will be repealed upon the
                                            appointment of stipendiary                                                                   proclamation of the Magistrates’
                                            magistrates with secure tenure of                                                            Court Bill 2002 and Magistrates’
                                            office and other relative                                                                    Court Consequential Provisions
                                            purposes.                                                                                    Bill 2002. Repeal pending.

Stock (Identification and           A       Branding of human food and fibre Review by officials completed. It found Subject to          Review recommendations are
Movement) Act 1970                          producing animals.               some scope for easing restrictions on Ministerial           being implemented through the
                                            Documentation when moving        horse owners.                           approval            Agricultural Management Bill,
                                            stock.                                                                                       which is currently being drafted.




                                                                                                                                                                      81
Name of legislation                 Agency Major restrictions                   Comments on review                      Report         Comments on reform
                                                                                                                        availability
Stock Disease (Regulations) Act     A       Restricts importation of stock on   Review by officials completed. It       Subject to     No change.
1968                                        grounds of disease control.         recommended No change.                  Ministerial
                                            Requires stockholders to control                                            approval
                                            and notify of diseases.


Strata Titles Act 1985 and          LA      Only licensed surveyors can         Review, in conjunction with review of Publicly         No change.
regulations                                 'certify' a strata plan, survey-    Licensed Surveyors Act 1909,            available
                                            strata plan, or notice of           completed in 1998. Review concluded
                                            resolution where a strata           restrictions are in the public interest
                                            company is requesting a             and should be retained.
                                            conversion from a strata scheme
                                            to a survey-strata scheme.          Government endorsed review
                                                                                recommendation.
Street Collections Regulation Act   CEP     Licensing.                          No review undertaken.                   No report      Repeal pending. To be replaced
1940 and Regulations                                                                                                                   by the Public Collections Bill.




                                                                                                                                                                   82
Name of legislation            Agency Major restrictions                  Comments on review                      Report         Comments on reform
                                                                                                                  availability
Subiaco Redevelopment Act 1994 PI         Redevelopment control of the Review completed in 1997. The report Subject to          No change.
                                           area;                          has found that effects of the           Ministerial
                                          The compulsory taking of       restrictions on competition are         approval
                                           land;                          relatively minor. The report concluded
                                          Subdivision approval from      that the restrictive elements of the
                                           Minister rather than the State legislation need to be retained to
                                           Planning Commission; and       achieve the objectives of the Act. The
                                          Treasurer's guarantee of       report also finds that there would be
                                           loans.                         substantial costs associated with
                                                                          removing the restrictions, particularly
                                                                          at this stage of the Authority's work.

                                                                          There are no acceptable alternatives
                                                                          to achieving the objectives of the
                                                                          three restrictions relating to the
                                                                          powers of the Authority. The powers
                                                                          are necessary to remedy the existing
                                                                          environmental problems and achieve
                                                                          redevelopment consistent with the
                                                                          vision for the area. At this stage of the
                                                                          Authority's activities, it would not be
                                                                          feasible to modify the regulatory
                                                                          framework. The restrictions relating to
                                                                          the internal running of the Authority
                                                                          stem from the Authority's status as a
                                                                          government agency and therefore
                                                                          cannot be removed.

                                                                          Recommended retaining the
                                                                          restrictions on the grounds of public
                                                                          interest.

                                                                          Government endorsed the
                                                                          recommendations of the review.




                                                                                                                                                      83
Name of legislation             Agency Major restrictions                 Comments on review                       Report         Comments on reform
                                                                                                                   availability
Suitors Fund Act 1964           J       Differential treatment of large   Review completed in 1997. The review Subject to         A Cabinet Submission is being
                                        companies and Crown Agencies.     noted that all litigants are required to Ministerial    prepared by the Department of
                                                                          contribute to a fund which is used to    approval       Justice. This submission will
                                                                          defray legal costs where a court                        incorporate drafting instructions
                                                                          decision is reversed on a 'point of law'                necessary to give effect to the
                                                                          appeal or where the proceedings are                     recommendations arising from
                                                                          aborted. However, companies with a                      the NCP review of the Act.
                                                                          paid up capital of $200 000 or more
                                                                          and Crown agencies are barred from
                                                                          access to the Fund to recover such
                                                                          legal costs. Recommended removing
                                                                          the bar on companies with paid up
                                                                          capital of $200,000 or more.

                                                                         Government endorsed the
                                                                         recommendations of the review.
Swan River Trust Act 1988 and   WRC     Licensing. Limitations on        Review by Water and Rivers                Subject to     No change.
Regulations                             development activity that can be Commission completed in January           Ministerial
                                        undertaken in the area under the 2000. Recommended restrictions be         approval
                                        control of the Swan River Trust; retained.
                                        and limitations on non-
                                        development activity (including  Government endorsed
                                        advertising) that can be         recommendation on 14 August 2000.
                                        undertaken in the area under the
                                        control of the Swan River Trust.




                                                                                                                                                               84
Name of legislation              Agency Major restrictions              Comments on review                         Report         Comments on reform
                                                                                                                   availability
Taxi Act 1994 and Regulations,   PI      Limitation on number of taxi   Review completed in August 1999.           Publicly
and Amendment Regulations                licences.                      Consultant’s report recommended            available
1997                                                                    removal of all licence number
                                                                        restrictions, buy-back of existing
                                                                        licences at full market value, and limit
                                                                        in new licence issues to 20 per cent
                                                                        per annum.

                                                                        Government did not agree to
                                                                        deregulation of supply restrictions and
                                                                        buy-back. The Government’s decision
                                                                        was based on the relatively high levels
                                                                        of consumer satisfaction that were
                                                                        identified in the survey of taxi
                                                                        services.

                                                                        Tenders called for release of a limited
                                                                        number of restricted (peak period and
                                                                        wheelchair accessible taxi) licences.
                                                                        Industry forum to be established to
                                                                        consider a feasible mechanism for
                                                                        licence buy-backs.




                                                                                                                                                       85
Name of legislation           Agency Major restrictions                   Comments on review                         Report         Comments on reform
                                                                                                                     availability
Texas Company (Australasia)   HW      The Act define the relationships,   Review completed in 1998. It               Subject to     No change.
Limited (Private) Act 1928            rights and duties of oil            considered the restrictions do not         Ministerial
                                      companies, local government         impose significant costs on the oil        approval
                                      authorities and the Minister for    companies, or cost advantages or
                                      Works in relation to the            disadvantages on particular oil
                                      construction, operation and         companies that are of sufficient
                                      maintenance of pipelines on         magnitude to affect competition
                                      public lands. These duties and      between the companies. The public
                                      powers of the State and local       benefits of restrictions were assessed
                                      governments constitute              to be: minor cost savings in
                                      restrictions on the commercial      management of municipal
                                      activities of the oil companies.    infrastructure from coordination in
                                                                          planning, construction and
                                                                          maintenance of municipal
                                                                          infrastructure and oil facilities;
                                                                          minimising public inconvenience
                                                                          during construction and maintenance
                                                                          activities on public land; and ensuring
                                                                          proper restoration of municipal
                                                                          infrastructure where this has been
                                                                          disturbed due to construction or
                                                                          maintenance activities by the oil
                                                                          companies. It concluded that due to
                                                                          the potential public benefits and the
                                                                          absence of significant costs or effects
                                                                          on competition, the restrictions arising
                                                                          from the legislation are either in the
                                                                          public interest due to current or
                                                                          potential future benefits, or have no
                                                                          current or potential future impact.

                                                                          The Government endorsed the
                                                                          recommendations of the review.




                                                                                                                                                         86
Name of legislation               Agency Major restrictions                    Comments on review                        Report         Comments on reform
                                                                                                                         availability
The Law Society Public Purposes   J       The Act authorizes The Law           See Legal Practitioners Act 1893
Trust Act 1985                            Society of Western Australia
                                          (Inc.) to receive certain moneys
                                          from banks upon the trusts
                                          declared by that Society a Deed
                                          of Trust dated 22 August 1985.
Tobacco Control Act 1990          H       Differential treatment, licensing.   Review completed in 2002                  Subject to     No change.
                                                                                                                         Ministerial
                                                                               In May 2002 the Government                approval
                                                                               endorsed the conclusions of the review
                                                                               that the restrictions on competition in
                                                                               the Act and regulations provide a net
                                                                               public benefit and therefore should be
                                                                               retained.

                                                                               The review found that the restrictions
                                                                               serve to correct significant market
                                                                               failures in the tobacco market and are
                                                                               based on sound public interest
                                                                               grounds. They also apply equally to
                                                                               all participants and do not prevent
                                                                               entry into the already very
                                                                               competitive tobacco market




                                                                                                                                                             87
Name of legislation                Agency Major restrictions                  Comments on review                     Report         Comments on reform
                                                                                                                     availability
Totalisator Agency Board Betting   RGL     Restrictions on events and         Review, in conjunction with the        Publicly       Recommendations are being
Act 1960 and Rules and                     prescription of circumstances      Betting Control Act 1954, completed in available      implemented via the Betting
Regulations                                under which betting may occur;     1998.                                                 Legislation Amendment Bill 2001
                                           restrictions on persons and                                                              and the Acts Amendment and
                                           organisations able to conduct      Of the 42 restrictions analysed in the                Repeal (Competition Policy) Bill
                                           betting; constraints and costs     review, the legislative provisions                    2002.
                                           imposed on bookmakers and          pertaining to 20 restrictions were
                                           operators of totalisators          recommended for repeal or
                                           generally; constraints and costs   amendment including:
                                           imposed on racing clubs,
                                           authorities controlling               relaxing restrictions on the
                                           racecourses and                        operation of totalisators other
                                           owners/occupiers of premises;·         than by the Totalisator Agency
                                           constraints and costs imposed on       Board;
                                           punters; constraints and costs        relaxing restrictions on
                                           imposed specifically on the            bookmakers and their operations;
                                           Totalisator Agency Board; and         removing limits on bets in the
                                           competitive neutrality of the          regulations, leaving the racing
                                           Totalisator Agency Board.              clubs to set limits as they see fit;
                                                                                  and
                                                                                 relaxing some restrictions on the
                                                                                  operations of the Totalisator
                                                                                  Agency Board.

                                                                              The legislative provisions giving rise to
                                                                              the remaining restrictions were
                                                                              assessed as being in the public
                                                                              interest and recommended for
                                                                              retention.

                                                                              The Government endorsed the
                                                                              recommendations of the review.
Town Planning and Development      PI      The Act places restrictions on the Being reviewed with the Urban and
Act 1928                                   planning and development of land Regional Planning Bill and other
                                           for urban, suburban, and rural     planning legislation
                                           purposes.




                                                                                                                                                                88
Name of legislation               Agency Major restrictions                     Comments on review                        Report         Comments on reform
                                                                                                                          availability
Transport Co-ordination Act 1966 PI       Restrictions relate to provisions     Review completed. The review              Subject to     Airport movement tax being
and Regulations                           for the Minister to borrow funds      recommended: removal of provisions        Ministerial    phased out over 3 years.
                                          and make payment of subsidies         relating to the licensing of ships        approval
                                          to providers of transport services.   engaged in coastal trade; removing
                                          Also included are a range of          requirements for public vehicles (other
                                          provisions, powers and                than ships) to be licensed; and
                                          requirements related to the           limiting licence fees to an amount
                                          licensing of vehicles used for        sufficient to recover costs incurred in
                                          commercial purposes and the           administering the relevant licence
                                          regulation of transport services      system and associated regulatory
                                          provided by these vehicles.           activities.

                                                                                Government endorsed the review
                                                                                recommendations in November 2000.
Travel Agents Act 1985 and        CEP     Licensing and compulsory              National review underway
Regulations                               consumer compensation fund.           (coordinated by WA). A final review
                                                                                report by CIE was released in 2000.
                                                                                Public consultation involved release of
                                                                                issues paper, background paper,
                                                                                consultation and receiving
                                                                                submissions. Review recommended
                                                                                that entry qualifications for travel
                                                                                agents be removed and maintain
                                                                                compulsory insurance, but
                                                                                recommended the requirement for
                                                                                agents to hold membership of the
                                                                                Travel Compensation Fund, the
                                                                                compulsory insurance scheme, be
                                                                                dropped. Instead, a competitive
                                                                                insurance system where private
                                                                                insurers compete with the Travel
                                                                                Compensation Fund was viewed as the
                                                                                best option.
Treatment of Sewerage and         H       Licensing.                            Review underway. Consultation
Disposal of Effluent and Liquid                                                 involved public seminar and invitation
Waste Regulations                                                               to make submission.




                                                                                                                                                                      89
Name of legislation               Agency Major restrictions                Comments on review                       Report         Comments on reform
                                                                                                                    availability
Trustees Companies Act 1987       J       Competitive neutrality, licensing. Review completed in 1998.              Subject to     Amendment deferred pending
                                                                             Recommended retention on limits on     Ministerial    enactment of proposed national
                                                                             borrowings and loans, and lessening    approval       uniform trustee company laws,
                                                                             of barriers to entry.                                 which are currently being
                                                                                                                                   reviewed by the secretariat of the
                                                                                                                                   Standing Committee of Attorneys
                                                                                                                                   General (SCAG).
University Colleges Act 1926      ES      Competitive neutrality, market   Review, conducted by the Office of       Subject to     No change.
                                          power.                           Higher Education, completed 1998.        Ministerial
                                                                           Concluded that the restrictions are in approval
                                                                           the public interest given the quality of
                                                                           pastoral care provided to students by
                                                                           university colleges.

                                                                           Government endorsed review findings.
University Medical School         H       No restrictions identified.      Review completed and endorsed by     Subject to         No change.
Teaching Hospitals Act 1955                                                Government.                          Ministerial
                                                                                                                approval
University of Notre Dame          ES      Competitive neutrality, market   Review, conducted by the Office of   Subject to         Amendment to Edith Cowan
Australia Act 1989                        power.                           Higher Education, completed in 1998. Ministerial        University Act being progressed
                                                                           Recommended that investment          approval           via the Acts Amendment and
                                                                           provisions be consistent between                        Repeal (Competition Policy) Bill
                                                                           universities.                                           2002.

                                                                           Government endorsed review
                                                                           recommendations.
University of Western Australia   ES      Competitive neutrality, market   Review, conducted by the Office of   Subject to         Amendment to Edith Cowan
Act 1911                                  power.                           Higher Education, completed in 1998. Ministerial        University Act being progressed
                                                                           Recommended that investment          approval           via the Acts Amendment and
                                                                           provisions be consistent between                        Repeal (Competition Policy) Bill
                                                                           universities.                                           2002.

                                                                           Government endorsed review
                                                                           recommendations.




                                                                                                                                                                90
Name of legislation              Agency Major restrictions                     Comments on review                       Report         Comments on reform
                                                                                                                        availability
Valuation of Land Act 1987       PI      Valuer-General powers and             Review completed in 1998. Review         Subject to     Recommendations are being
                                         activities.                           undertaken by intra-agency               Ministerial    implemented via the Acts
                                                                               committee. Public consultation           approval       Amendment and Repeal
                                                                               involved submissions following release                  (Competition Policy) Bill 2002.
                                                                               of an information paper.
                                                                               Recommended less narrowly defined
                                                                               eligibility for the position of Valuer
                                                                               General (dropping requirement to be a
                                                                               member of the Australian Property
                                                                               Institute), removing restriction that
                                                                               any person making valuation for rating
                                                                               and taxing purposes must be licensed
                                                                               under Land Valuers Licensing Act, and
                                                                               encouraging greater flow of
                                                                               information for the purposes of
                                                                               making valuations.

                                                                               Government endorsed review
                                                                               recommendations.
Veterinary Preparations and      A       Premises and products to be           Review as part of the national review    Publicly       See Agriculture and Veterinary
Animal Feeding Stuffs Act 1976           registered, restrictions on           completed in 1999. See Agriculture       available      Chemicals (Control of Use) Act
                                         packaging and labelling.              and Veterinary Chemicals (Control of                    1992 (Victoria).
                                                                               Use) Act 1992 (Victoria).
                                         Minimum qualifications for
                                         analysts, advertising restrictions.

Veterinary Surgeons Act 1960     A       Licensing of veterinary surgeons      Review completed and endorsed by         Subject to     The Veterinary Surgeons Act
                                         and hospitals, reservation of         the Government. Review                   Ministerial    Amendment Bill is being drafted.
                                         practices, reservation of title,      recommended a reduction in the           approval       The Bill will incorporate the
                                         advertising restrictions, controls    extent of barriers to entry for non-                    review recommendations, as well
                                         on business names.                    veterinarians wishing to provide                        as other (non-NCP related)
                                                                               veterinary services; the repeal of the                  amendments.
                                                                               restrictions on advertising and
                                                                               ownership of veterinary practices by
                                                                               non-veterinarians; as well as the
                                                                               repeal of the restrictive aspects of the
                                                                               premises registration provisions.




                                                                                                                                                                    91
Name of legislation              Agency Major restrictions                   Comments on review                      Report         Comments on reform
                                                                                                                     availability
Video Tape Classification and     J      Licensing.                          No review undertaken.                   No report      Repealed and replaced by the
Control Act 1987                                                                                                                    Censorship Act 1996.
Vocational Education and Training DT     Registers training providers and    Review, conducted by an independent Subject to         No change.
Act 1996                                 accredits training courses.         consultant, completed. Concluded that Ministerial
                                                                             public benefits of restrictions outweigh approval
                                                                             costs.

                                                                             Recommendations endorsed by
                                                                             Government.
Water (Dixvale Area and Yanmah WRC       Differential treatment of a small   Review by Water and Rivers              Subject to
Area) Licensing Regulations 1974         group of irrigators.                Commission completed in January         Ministerial
                                                                             2000. Proposal to repeal regulations.   approval

                                                                             Government endorsed the review
                                                                             recommendations.
Water Agencies (Charges) Bylaws WR       Differential treatment of Crown     Review by Office of Water Regulation    Subject to     No change.
1987                                     lands.                              completed in September 1999.            Ministerial
                                                                                                                     approval
                                                                             Government endorsed the review
                                                                             recommendation for No change..
Water Agencies (Entry Warrants) WR                                           Review by Office of Water Regulation    Subject to     No change.
Regulations 1985                                                             completed in September 1999.            Ministerial
                                                                                                                     approval
                                                                             Government endorsed the review
                                                                             recommendation for No change.




                                                                                                                                                               92
Name of legislation               Agency Major restrictions                Comments on review                       Report         Comments on reform
                                                                                                                    availability
Water Agencies (Infringements)    WR      Market power to Water            Review by Office of Water Regulation     Subject to     This regulation will be amended
Regulations 1994                          Corporation.                     completed in September 1999.             Ministerial    once the Water Agencies
                                                                                                                    approval       (Powers) Act 1984 is amended
                                                                           Minor amendments proposed to                            via the Acts Amendment and
                                                                           ensure consistency of approach with                     Repeal (Competition Policy) Bill
                                                                           competitive licensing regime and other                  2002.
                                                                           related Acts.

                                                                           Government endorsed the review
                                                                           recommendation to modify regulation
                                                                           5 (officers issuing infringements) to
                                                                           make it consistent with
                                                                           recommendations from the review of
                                                                           the Water Agencies (Powers) Act 1984
Water Agencies (Powers) Act       WR      Market power to Water            Review by Office of Water Regulation Subject to         Recommendations are being
1984                                      Corporation.                     completed in September 1999.          Ministerial       implemented via the Acts
                                                                                                                 approval          Amendment and Repeal
                                                                           Government endorsed the review                          (Competition Policy) Bill 2002.
                                                                           recommendations.
Water Agencies Restructure        WR                                       Review by Office of Water Regulation Subject to         No change.
(Transitional and Consequential                                            completed in August 2000. No          Ministerial
Provisions) Act 1995                                                       restrictions on competition could be  approval
                                                                           identified in the Act.
Water and Rivers Commission Act WRC       The Act provides necessary       Review by Water and Rivers            Subject to        No change.
1995                                      governmental powers for          Commission completed in January       Ministerial
                                          effective natural resource       2000. No change.s recommended.        approval
                                          management.
                                                                           Review approved by Government in
                                                                           August 2000.
Water Boards Act 1904 and By-     WR      Licensing. Restricts powers to   Review by Office of Water Regulation Subject to         ‘Umbrella’ legislation is being
laws                                      supply of water and within       completed in May 1999. Amendment Ministerial            developed that would not only
                                          defined areas.                   to Act proposed to allow agencies to     approval       incorporate the agreed NCP
                                                                           provide full suite of water services and                reforms but also the
                                                                           freedom to compete for licences on                      Government’s desired corporate
                                                                           equal terms with Water Corporation.                     governance arrangements.
                                                                           Revised By-laws will meet gatekeeper
                                                                           requirements.




                                                                                                                                                                93
Name of legislation               Agency Major restrictions                     Comments on review                     Report         Comments on reform
                                                                                                                       availability
Water Corporation Act 1995        WR                                            Review by Office of Water Regulation   Subject to     No change.
                                                                                completed in May 1999.                 Ministerial
                                                                                                                       approval
Water Services Coordination Act   WR      Complex licensing regime inhibits Review by Office of Water Regulation       Subject to     Recommendations are being
1995 - part 1 of 2                        competitive outcomes.             completed in July 1999.                    Ministerial    implemented via the Acts
                                                                                                                       approval       Amendment and Repeal
                                                                                                                                      (Competition Policy) Bill 2002.
Water Services Coordination Act   WR      Plumbers - licensing, registration,   Review of Water Services Coordination Subject to      No change.
1995 - part 2 of 2: Water                 entry requirements (competency        Amendment Act 1999 completed.         Ministerial
Services Coordination (Plumbers           or six years experience and           Review recommended retaining          approval
Licensing) Regulations 2000               qualification, fit and proper,        restrictions to prevent unlicensed
                                          reservation of practice (either       persons performing plumbing work
                                          licensed or under supervision of      and maintain the power of the Board
                                          licensed), disciplinary processes.    to set licence conditions.

                                                                                Government endorsed review
                                                                                recommendation.
Water Supply, Sewerage and        WR      Few restrictions in remaining         Review by Office of Water Regulation   Subject to     No change.
Drainage Act 1912                         sections related to ownership of      completed in May 1998.                 Ministerial
                                          assets.                                                                      approval
Waterways Conservation Act 1976 WRC       Licensing system for disposal of      Review by Water and Rivers             Subject to     No change.
and Regulations                           waste in waterways.                   Commission completed in January        Ministerial
                                                                                2000. Review recommended No            approval
                                                                                change.s given minor nature of Act.
                                                                                Major further review proposed to
                                                                                achieve rationalisation of functions
                                                                                and operation between this Act and
                                                                                EPA Act.

                                                                                The Government endorsed the
                                                                                recommendations of the review on 20
                                                                                December 1999.




                                                                                                                                                                   94
Name of legislation             Agency Major restrictions         Comments on review                      Report         Comments on reform
                                                                                                          availability
Weights and Measures Act 1915   CEP                               This Act has not been reviewed. The
and Regulations                                                   Ministry of Fair Trading is planning to
                                                                  introduce new legislation that will
                                                                  replicate the uniform legislation
                                                                  operating in other jurisdictions and
                                                                  thereby contribute to national
                                                                  consistency. A preliminary NCP
                                                                  assessment was completed on an
                                                                  earlier draft of the new Bill but will
                                                                  need to be revisited once a final Bill
                                                                  has been prepared.
Western Australian Greyhound    RGL     Differential treatment.   Review completed. Review                Publicly       Review recommendations are
Racing Authority Act 1981                                         recommended removal from the WA         available      being implemented in the Acts
                                                                  Greyhound Racing Authority Act 1981                    Amendment and Repeal
                                                                  of the arbitrary limit on the number of                (Competition Policy) Bill 2002.
                                                                  meetings the WA Greyhound Racing
                                                                  Association may conduct. It also
                                                                  recommended that the provisions
                                                                  contained in the Act which establish
                                                                  centralised control of greyhound
                                                                  racing are in the public interest and
                                                                  should be retained. However, the
                                                                  establishment of an independent
                                                                  regulator should be considered if it is
                                                                  demonstrated that the Authority has
                                                                  improperly used its power to favour its
                                                                  racing activities.

                                                                  Government endorsed the findings of
                                                                  the review.




                                                                                                                                                      95
Name of legislation              Agency Major restrictions                     Comments on review                         Report         Comments on reform
                                                                                                                          availability
Western Australian Land Authority WALA   The WA Land Authority's               Review completed in 1997.                  Subject to     The amendment Bill was passed
Act 1992                                 exemption from rates and taxes.       Recommended:                               Ministerial    on 6 July 2000.
                                                                                                                          approval
                                         The Authority's power to                 the Authority be subject to a tax
                                         compulsorily acquire land.                equivalent regime and pay to the
                                                                                   Treasurer an amount equivalent to
                                         The requirement to seek pre-              all rates and taxes imposed on
                                         approval from the Minister on             private land developers that the
                                         contracts.                                Authority is currently not obliged
                                                                                   to pay;
                                         Restrictions on the Authority's          removing the section of the Act
                                         retail activities in the higher end       allowing the Authority's power to
                                         of the residential land market.           compulsorily acquire land;
                                                                                  amending that legislation to allow
                                                                                   contracts to be agreed subject to
                                                                                   Ministerial approval; and
                                                                                  exempting surplus public sector
                                                                                   land assets and urban renewal
                                                                                   projects from the restrictions on
                                                                                   the Authority's retail activities in
                                                                                   the higher end of the residential
                                                                                   land market.

                                                                               The Government endorsed the
                                                                               recommendations of the review.
Western Australian Marine (Hire  PI      Licensing.                            No review undertaken.                      No report      Repeal pending enactment of
and Drive Vessels) Regulations                                                                                                           Maritime Bill.
1983
Western Australian Marine Act    PI      Licensing.                            No review undertaken.                      No report      Repeal pending enactment of
1982                                                                                                                                     Maritime Bill.
Western Australian Meat Industry A       Controls on abattoir capacity,        Review by officials completed in 1998. Subject to         Review recommendations are
Authority Act 1976                       controls on branding, and             It recommended: removing controls      Ministerial        being implemented via the Acts
                                         regulations of saleyards, abattoirs   on abattoir capacity and regulation of approval           Amendment and Repeal
                                         and processing works.                 saleyards; retaining controls on                          (Competition Policy) Bill 2002.
                                                                               branding; and retaining regulation of
                                                                               abattoirs and processing works.




                                                                                                                                                                     96
Name of legislation           Agency Major restrictions                 Comments on review                          Report         Comments on reform
                                                                                                                    availability
Western Australian Planning   PI      The Act places restricitions on   Being reviewed with the Urban and
Commission Act 1985                   urban, rural and regional land    Regional Planning Bill and other
                                      use and development.              legislation.

Western Australian Product    IT      The symbols are able to be used   Review completed. The review found Subject to              No change.
Symbols Act                           by eligible businesses free of    that the symbols do not comprise a       Ministerial
                                      charge and may present a slight   significant restriction in their own     approval
                                      advantage to WA businesses and    right, but due to their widespread
                                      products in home markets.         success and recognition, they now
                                                                        influence consumer behaviour in WA.
                                                                        Their use may therefore confer a
                                                                        competitive advantage on qualifying
                                                                        businesses and products, which could
                                                                        potentially lead to an ability to charge
                                                                        marginally higher prices or obtain a
                                                                        higher market share.

                                                                        Alternatively, when viewed as a
                                                                        labelling mechanism, the symbols may
                                                                        do no more than provide consumers
                                                                        with the necessary information to
                                                                        purchase local products or support
                                                                        local business according to their
                                                                        inclination. The review noted some
                                                                        important spin-off benefits from the
                                                                        symbols in growing the WA economy
                                                                        and noted their popularity among
                                                                        consumers.

                                                                        The review concluded that, on the
                                                                        balance of probabilities, the benefits of
                                                                        the current model outweigh its minor
                                                                        costs and that the Act should be
                                                                        retained.

                                                                        Government endorsed the
                                                                        recommendations of the review.




                                                                                                                                                        97
Name of legislation               Agency Major restrictions                   Comments on review                     Report         Comments on reform
                                                                                                                     availability
Western Australian Reproductive   H                                           Replacement legislation to be
Technology Council (Nominating                                                developed.
Bodies) Regulations 1992 and
Directions
Western Australian Treasury       TF      The Act provides an exemption to    Review completed. Review found that Subject to        No change.
Corporation (Amendment) Bill              the Corporation from State          the potential effects of the Treasurer Ministerial
1997                                      duties, imposts or taxes. The       using his discretion to exempt the      approval
                                          amendment Bill weakened this        Corporation from certain taxes, duties
                                          restriction by removing the         or imposts were minor. The Treasurer
                                          Corporation's outright exemption,   is only likely to grant an exemption if
                                          but allows the Treasury to grant    the securities issued by the
                                          an exemption where it is            Corporation are at an unfair
                                          considered to be in the public      competitive disadvantage to securities
                                          interest.                           issued by the Commonwealth and
                                                                              other government borrowers.
                                                                              Recommended retaining the
                                                                              restriction.

                                                                            Government endorsed the
                                                                            recommendations of the review.
Western Australian Treasury       TF      The Act provides an exemption to Review completed in 1997. The review Subject to          No change.
Corporation Act 1986                      the Corporation from State        found that the potential effects of the Ministerial
                                          duties, imposts or taxes. The     Treasurer using his discretion to        approval
                                          amendment Bill weakened this      exempt the Corporation from certain
                                          restriction by removing the       taxes, duties or imposts were minor.
                                          Corporation's outright exemption, The Treasurer is only likely to grant an
                                          but allows the Treasury to grant exemption if the securities issued by
                                          an exemption where it is          the Corporation are at an unfair
                                          considered to be in the public    competitive disadvantage to securities
                                          interest.                         issued by the Commonwealth and
                                                                            other government borrowers.
                                                                            Recommended retaining the
                                                                            restriction.

                                                                              Government endorsed the
                                                                              recommendations of the review.




                                                                                                                                                         98
Name of legislation              Agency Major restrictions                Comments on review                      Report         Comments on reform
                                                                                                                  availability
Wheat Marketing Act 1989         A       Imports Commonwealth Act into No review undertaken.                      No report      Act being repealed. Agriculture
                                         State jurisdiction.                                                                     developing drafting instructions.
Wild Cattle Nuisance Act 1871    A       Regulates the destruction of wild Review by officials completed. It      Subject to     Act being Repealed via the
                                         cattle.                           recommended repealing the Act as it    Ministerial    Statutes and Minor Repeal Bill
                                                                           is redundant.                          approval       2001 currently before Parliament.
Wildlife Conservation Act 1950   CALM    Licensing, restricts trade in     Review currently being undertaken by
                                         wildlife                          independent consultants.
Workers' Compensation and        WCRC    Mandatory insurance, licensed     Public advertisement of review and     Subject to     WorkCover is progressing minor
Rehabilitation Act 1981                  insurers, centralised premium     call for submissions was made 20       Ministerial    legislative change.
                                         setting.                          December 2000. Review report           approval
                                                                           completed early 2002. Review
                                                                           endorsed by the Government.




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