Chapter 5 Queensland National Competition Council 2001 …ncp.ncc.gov.au/docs/LECo-007.pdf ·...

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Agency abbreviations

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

CS Corrective Services

E Education

EPA Environmental Protection Agency

ES Emergency Services

ET Employment and Training

F Families

H Health

HO Housing

IIESR Innovation and Information Economy, Sport andRecreation Queensland

IR Industrial Relations

JAG Justice and Attorney-General

LGP Local Government and Planning

MR Main Roads

NR&M Natural Resources and Mines

P&C Premier and Cabinet

PI Primary Industry

PW Public Works

SD State Development

Legislation Review Compendium

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T Transport

TR Queensland Treasury

TR&FT Tourism, Racing and Fair Trade

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Legislation review schedule: Queensland

Updated to September 2001

Name of legislation Agency Major restrictions Review activity Reform activity

Agricultural and VeterinaryChemicals (Queensland) Act1994

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

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

See the Commonwealth Agricultural andVeterinary Chemicals Code Act 1994.

Agricultural ChemicalsDistribution Control Act 1966and Regulations 1970

PI Licensing of chemical spraycontractors.

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

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

Ambulance Service Act 1991 ES Restricts use of the words'Ambulance Service' and'Ambulance', 'collections ofmoney' and 'first aid training'.

Review by independent consultantsunderway. First aid training to be separatedfrom other restrictions and examined as aseparate review.

Architects Act 1985 andRegulation

PW Registration, entry requirementsreservation of title, disciplinaryprocesses, business restrictions,and business licensing.

National review conducted by theProductivity Commission (PC) completed inAugust 2000, and publicly released inNovember 2000. PC review involved publicconsultation via public release of issuespaper, draft report, consultation, publichearings and receiving submissions. Reviewrecommended repeal of the Act.

A States and Territories working grouphas developed a national response tothe PC review. The QueenslandGovernment response, framed againstnational outcomes, is being developedas at October 2001.


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Auctioneers and Agents Act1971 and Regulation 1986

TR&FT Licensing (real estate agents,motor vehicle dealers,commercial agents, auctioneersand pastoral house corporations),entry requirements, thereservation of practice,disciplinary processes, andbusiness conduct (maximumfees).

Review completed in 2000. Targeted publicmodel, undertaken byPricewaterhouseCoopers. Publicconsultation involved circulation of issuespaper, submissions, and consultations.Review recommendations included:reducing some requirements for licensing;expanding licensing requirements to someproperty developers; introducing a timelimit for exclusive real estate agentarrangements; and removing maximumcommissions subject to monitoring andtransitional arrangements including a publiceducation campaign.

The Government repealed theAuctioneers and Agents Act 1971 andreplaced it with the Property Agents andMotor Dealers Act 2000. Legislationincorporates most of reviewrecommendations. Recommendation toremove maximum commissions subjectto monitoring and transitionalarrangements including a publiceducation campaign.

Beach Protection Act 1968,and Coastal ManagementControl Districts Regulation1984

EPA Legislation provides for theregulation and provision of advicein respect to activities affectingthe coast, and functions tominimise the damage to propertyfrom erosion and encroachmentof tidal water.

Reduced National Competition Policy (NCP)review completed in November 1998, andreport made available to the public. Reviewsupported retention of provisions which donot materially restrict competition and arein the public interest.

Building Act 1975, StandardBuilding Regulation 1993, andBuilding Regulation 1991

LGP Sets building regulations andspecifies building approvalprocedures and accreditation ofbuilding certifiers.

Departmental review underway andexpected to be completed in early 2002.

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Business Names Act 1962 andRegulation 1986

TR&FT Requirement that a personcannot carry on business inQueensland under a businessname unless it is registeredunder this Act could restrictinterstate or overseasparticipants. Other provisionsmay be seen as restrictions onbusiness conduct althoughlegislation applies a common setof requirements.

Reduced NCP review underway. Althoughthe legislation is common to all States, anational review has not been undertaken.Queensland review will take account ofinterstate legislation review exercises.Expected completion in early 2002following consideration of results ofconsultation on a business regulationreview exercise occurring in parallel withthe NCP review.

Casino Agreement Acts –Jupiters Casino Agreement Act1983, Breakwater IslandCasino Agreement Act 1984,Brisbane Casino AgreementAct 1992, and Cairns CasinoAgreement Act 1993.

TR Licences, restrictions on conductand operations.

These 'Agreement Acts' are effectivelycontractual arrangements between theState and the respective licensees. Thesewere not previously listed for review. Dueto the confidential and contractual natureof the agreements an internal review wasconducted.

Provisions retained without reform.

Casino Control Act 1982 andRegulation 1984

TR Legislation provides for thegranting of casino licences by theQueensland Government subjectto prescribed probity, structural,financial and other qualificationsand prescribes subsequentrestrictions on the conduct oflicensees and casino operations.Under the Act, the conduct ofgaming, which would otherwisebe illegal, is made lawful within alicensed casino.

Review deferred subject to outcome of PCinquiry into gambling in Australia. Thatinquiry released its report in December1999. A single NCP report on all gamblinglegislation in the Treasury portfolio iscurrently being developed and is due forcompletion by late 2001.


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Charitable and Non-profitGaming Act 1999

TR Current legislation provides for arange of licence, permit andapproval requirements in regardto the conduct of art unions andgames such as bingo. Publicamusements, which were alsoregulated under the Art Unionsand Public AmusementsRegulation 1992, werecompletely deregulated in June1997.

Review deferred subject to outcome of PCinquiry into gambling in Australia. Thatinquiry released its report in December1999. A single NCP report on all gamblinglegislation in the Treasury portfolio iscurrently being developed and is due forcompletion by late 2001.

The Charitable and Non-profit GamingAct 1999 replaced the Art Unions andPublic Amusements Act 1992.

Chemical Usage (Agriculturaland Veterinary) Control Act1988 and Regulation 1989

PI Allows off-label use of chemicalssubject to conditions. Conditionsvary markedly betweenjurisdictions. Veterinary surgeonsexempt from various controls.

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

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

Chicken Meat IndustryCommittee 1976

PI Prohibits supply of chickensunless under an agreementapproved by the IndustryCommittee.

Review completed in 1997, recommendingthe industry committee convene groups ofproducers to negotiate with processors, butit be barred from intervening innegotiations on initial growing fees. It alsorecommended that individual growers beable to negotiate directly with a processor.

Amending legislation, includingauthorisation of collective bargainingunder the Trade Practices Act 1974(TPA), passed by the QueenslandParliament in September 1999.

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Child Care Act 1991, ChildCare (Child Care Centres)Regulation 1991, and ChildCare (Family Day Care)Regulation 1991

F Provides for the licensing ofchildcare services (egkindergartens and limited hourscare centres) and family day carecentres. Prescribes matters suchas: qualifications of child carepersonnel; building and physicalenvironment standards;minimum staffing levels;maximum capacity; food andsafety standards for child carefacilities; and required contentfor child care programs.Operation of child care facilities isprohibited in certain locations(such as premises adjacent to aplace where flammable materialsor dangerous chemicals aremanufactured or stored).

Draft report was under consideration inFebruary 1999. At that time, the incomingMinister responsible for the legislationestablished a forum to examine all aspectsof child care legislation in consultation witha wide cross section of stakeholders. NCPrequirements were addressed as part of theforum's deliberations in developing newlegislative proposals. Major themesconsidered include the level of prescriptionof the current legislation and possibletiering of regulatory requirements. Aframework and terms of reference for thereview of all aspects of child care wasapproved by the Treasurer in November2000. The review, which involved publicconsultation will be finalised during 2001.

Cabinet and parliamentary processes fornew legislation expected to becompleted by mid 2002.

Chiropractors and OsteopathsAct 1979

H Restrictions on entry,registration, title, practice,advertising, business licensing,and disciplinary provisions.

Part of Queensland health professionsreview process, which recommendedchanges to disciplinary system, advertisingand business restrictions.

Act repealed and replaced by theChiropractors Registration Act 2001.

Chiropractors Registration Act2001

H Restrictions on entry,registration, title, practice,advertising, and disciplinaryprovisions.

Core practice review underway. Act replaced the Chiropractors andOsteopaths Act 1979 following healthprofessions review.


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City of Brisbane Market Act1960 and Regulation (formerlyBy-laws) 1982

PI Legislation provides for theestablishment and operation ofthe central wholesale fruit andvegetable market, and providesfor the exclusive operation ofsuch a market within theBrisbane metropolitan area bythe Brisbane Market Authority(BMA). Broadly similararrangements for capital citywholesale markets previouslyexisted under NSW and Victorianlegislation, and still exist in WA.

Full public review completed in May 1998.Joint review covering ownership,competitive neutrality and legislationreview.

The Government removed BMA'sstatutory monopoly status as awholesale market in the Brisbane area,effective from 31 August 1999 andcorporatised the BMA as of 13December 1999.

Coal Industry (Control) Act1948 and Orders

NR&M Contains reserve powers inrelation to regulation of theindustry by the Queensland CoalBoard, including powers to:compulsorily acquire coal;regulate prices for sale, purchaseor resale of coal; and regulatethe opening, closing andabandonment of coal mines (allcurrently dormant). Certainorders issued under the Actrequire certain users of coal topurchase coal from specific coalmines; however, the ordersrelate only to three small coalmines in the south-east of theState and therefore do not affectthe major export coal miningoperations.

Formal NCP review not required.Departmental examination of the legislationresulted in its repeal.

Legislation repealed.

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Coal Mining Act 1925 NR&M Regulates the operation of coalmines, particularly health andsafety issues.

Act repealed by the Coal Mining Safetyand Health Act 1999 and Regulations.New Act and Regulations deal withhealth and safety issues across the coal,metalliferous and quarrying industries.New Act and Regulations reviewedunder the gatekeeper provisions andconsidered to be in the public interestand less restrictive than the previouslegislation.

Coastal Protection andManagement Act 1995

EPA Legislation provides for theconservation, rehabilitation andmanagement of the coast. Thiscan impact on coastal commercialdevelopment through coastalplans and the declaration ofcontrol districts that can restrictor prohibit certain developmentsor mandate certain requirements.

Review completed in November 1998.Review found restrictions in the Act to be inthe public interest.

Provisions subjected to NCP review havebeen retained without reform.

Competition Policy Reform(Queensland) Public PassengerService AuthorisationsRegulation 2000

T The regulation excludes variouspassenger transportarrangements (such as thosegoverning Airtrain) from theprovisions of the TPA.

Public Benefit Test supported exclusion ofintegrated ticketing in southeastQueensland from the TPA. Queenslandadvised Australian Competition andConsumer Commission (ACCC) as requiredunder NCP agreements.

Consumer Credit (Queensland)Act 1994, Consumer CreditRegulation 1995, andConsumer Credit Code

TR&FT National review of consumer creditlegislation underway. Review process hasbeen approved by the Committee onRegulatory Reform (CRR). Awaitingapproval by the Ministerial Council onConsumer Affairs (MCCA).

Amendments to be made to theConsumer Credit (Queensland) Act 1994and Consumer Credit Code if necessaryas part of co-operative Commonwealth-State regulatory arrangements.


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Contaminated Land Act 1991and Regulation

EPA Legislation categorises landaccording to the risk ofcontamination and restrictscertain land uses on certain sites.

Targeted public review completed in August2000.

Act subsumed within the EnvironmentalProtection Act 1994 in 1997 without anyincrease in restrictions on competition.See the Environmental Protection Act1994.

Co-operatives Act 1997 TR&FT Queensland participates in nationalcooperatives legislation. This resulted inthe repeal of the Co-operative andOther Societies Act 1967 and thePrimary Producers' Co-operativeAssociations Act 1923, and theintroduction during 1997 of co-operatives legislation (Co-operatives Act1997) containing core provisions andRegulations consistent with otherjurisdictions. This national scheme ofregulation was developed, and NCPjustification provided, by Victoria.

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Corrective Services Act 1988,and Corrective Services(Administration) Act 1988

CS Legislation arguably gives theQueensland Corrective ServicesCommission (QCSC) monopolypowers in respect to the provisionof prisons and communitycorrection centres. However, thelegislation authorises the QCSCto engage other parties toconduct any part of its operations(which underpins contractmanagement arrangements for anumber of correctional facilities).

Review not required. Corrective Services LegislationAmendment Act 1999 abolished theQCSC and the Government OwnedCorporation: Queensland Corrections.The amending legislation alsoestablished the Corrective ServicesAdvisory Council and provided for a newhead of power for the new Departmentof Corrective Services.

The Corrective Services (Administration)Act 1988 also amended. The legislationgives the Department responsibility forcorrective services in Queensland.Where the Government opts for servicedelivery by private contractor, there willbe a competitive tendering process.

Corrective Services Act 2000 passed byParliament in November 2000. The Actwas proclaimed on 2 April 2001 (exceptcertain sections which commenced on24 November 2000). This legislationreplaces the Corrective Services Act1988 and the Corrective ServicesAdministration Act 1988. The CorrectiveServices Act 2000 is not likely to restrictcompetition and, as a result, a formalreview was not undertaken.


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Credit Act 1987, and CreditRegulations 1988

TR&FT The Credit Act was established toregulate the provision of personalloans up to $40000. It wasreplaced by the Consumer CreditCode in November 1996 and nowonly regulates a few remainingpersonal loans up to $40000entered into prior to November1996.

It is proposed to repeal the Credit Actwithout review.

Repeal expected in 2002-2003 afterfinalisation of outstanding litigation.

Cremation Act 1913 H Prohibition on cremation at placesother than establishedcrematoria.

Review not required. Certain restrictions removed inDecember 1993 (ie repeal of licensingand establishment provisions forcrematoria). Decision taken by theDepartment to repeal the remainingrestrictive provisions without review.Anticompetitive provisions repealed late1998.

Dairy Industry Act 1993 andRegulation and Standards, andDairy Industry (Market MilkPrices) Order 1995

PI Vesting of milk in QueenslandDairy Industry Authority.Farmgate price-setting for marketmilk. Market milk quotas.Licensing of farmers andprocessors.

Review by a joint government-industrypanel completed in 1998. Reviewrecommended:

• retention of farmgate price regulation forfive years to December 2003, butreviewed again before 1 January 2001;and

• extension of quota arrangements fromSouth into Central and North Queenslandfor five years.

The Government initially accepted thereview recommendations.

In line with the March 2000communiqué signed by all AustralianAgriculture and Primary IndustriesMinisters committing to a nationalapproach to dairy reform, Queenslandpassed the Dairy Industry(Implementation of National AdjustmentArrangements) Amendment Act 2000 on22 June 2000, deregulating the industryfrom 1 July 2000.

Food Safety Queensland to assumeresponsibility for dairy food safety underthe Food Production (Safety) Act 2000.

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Dental Act 1971 H Restrictions on entry,registration, title, practice,advertising, business, anddisciplinary provisions.

Review of health practitioner Actscompleted in 1999. NCP issues consideredand documented at that time.

Framework legislation in place. NewDental Practitioners Registration Act andDental Technicians and ProsthetistsRegistration Act passed in May 2001,removing most business restrictions.

Dental PractitionersRegistration Act 2001


New Act, which retained practicerestrictions subject to a further review. Thereview of the restrictions on the practice ofdentistry was completed in 2000, andreleased for public consultation in June2001.

Act implemented in May 2001, followingreview of health professions, withamended title restrictions, businessrestrictions and disciplinary systems.Practice restrictions retained from theprevious Act, and a review of theserestrictions is under consideration bythe Government.

Dental Technicians and DentalProsthetists Registration Act2001


New Act, which retained practicerestrictions subject to a further review. Thereview of the restrictions on the practice ofdentistry was completed in 2000, andreleased for public consultation in June2001.

Act implemented in May 2001, followingreview of health professions, withamended title restrictions, businessrestrictions and disciplinary systems.Practice restrictions retained from theprevious Act, and a review of theserestrictions is under consideration bythe Government.

Education (Capital Assistance)Act 1993

E Limits the provision of certainfunding assistance to schoolsaffiliated with two nominatedCapital Assistance Authorities(CAA). It also includes limitationsregarding the type of financialinstitutions that can receivedeposits/investment of CAAcapital assistance funds.

A formal review was not undertaken. The restriction related to affiliation andwas resolved through amendment tolegislation which requires schools to belisted (but not affiliated) with a group.The remaining issue of the type offinancial institution that can receivedeposits/investments was subjected tofurther analysis and was determined notto be restrictive. Legislation has beenamended accordingly.


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Education (General Provisions)Act 1989 and Regulation

E Covers a range of mattersincluding: approval of schoolcurricula; restrictions on thecommercial use of Stateeducational facilities; andspecifying the powers andproceedings of Parents andCitizens Associations (includingcomparatively minor restrictionssuch as regulating the itemspermitted to be sold in a schoolcanteen or tuckshop).

Departmental review of proposed newlegislation pertaining to establishment,registration and accountability of non-Stateschools, in conjunction with the Education(General Provisions) Act 1989, underway.General policy review of legislation andproposed new legislation pertaining toregistration and accountability of non-stateschools are also underway. Reviewexpected to be finalised 2001. It isproposed that the new Act will berewritten.

Education (Overseas Students)Act 1996

E Provides for the registration ofeducation service providers inrespect to training courses foroverseas students and for theregistration of education andtraining courses for overseasstudents. Gives effect to adecision of the AustralianEducation Council in regard to themarketing of Australian educationand training courses.

Reduced NCP review completed in January2000. NCP justification provided for 1999amendments and this provided input toreview the Act. Final report submitted toTreasury in April 2000.

New legislation. The Treasurer endorsedthe review recommendations in June2000. Existing regulatory regimeretained in the public interest.

Education (TeacherRegistration) Act 1988 andRegulation 1989, and Board ofTeacher Registration By-laws1989

E Licensing, registration (primaryand secondary school teachingstaff, including private schools),entry requirements(qualifications, experience, goodcharacter), reservation ofpractice, and disciplinaryprocesses.

Departmental review completed in May2000. Review recommended existinglegislation be retained (includingqualification requirements, registration feesand processes in the election of registeredteachers to positions on the Board ofTeacher Registration).

The Government endorsed reviewrecommendations in October 2000.Teacher registration requirementsretained in the public interest.

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Egg Industry (Restructuring)Act 1993

PI The Act provides for therestructuring of the egg industrymarketing and regulatoryarrangements and includestransitional regulation of theproduction and marketing ofeggs.

Review not required. Decision taken to repeal the Act withoutreview. Act allowed to sunset on 31December 1998 thereby removing allanticompetitive legislative provisions.

Electricity Act 1994 andRegulation - Part 1 of 2

TR Legislation contains extensiveprovisions relating to the conductof the industry including theissuing of authorities forgeneration, transmission andsupply entities; powers (including'reserve Ministerial powers')about electricity pricing andrestrictions on the tradingactivities of transmission andgeneration authorities and supplyentities. Regulation provides forthe licensing of electrical workers(such as electricians) andelectrical contractors.

Part of the broader Council of AustralianGovernments (CoAG) electricity reformprocess (to give effect to marketrestructuring and establish the NationalElectricity Market). A separate legislationreview exercise was not undertaken at thistime. Following amendments to thelegislation to give effect to the CoAGreforms in 1997 (three tranches ofsignificant amendments to the Act werepassed and changes made to theRegulation), some provisions remaining inthe legislation have been identified aspotentially restricting competition. Theseaspects are currently being examinedunder NCP. Departmental reviewunderway, and expected to be completed inthe first quarter of 2002.


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Electricity Act 1994 andRegulation - Part 2 of 2(Electrical Safety)

TR Licensing (electrical workers,electrical contractors),registration, entry requirements(qualifications and experience,also suitable person financialrequirements for electricalcontractor), disciplinaryprocesses, and business conduct(advertising whereby workersmust state whether licensed,name licensed under andidentifying number; publicliability insurance for electricalcontractor).

Review underway, and expected to becompleted in the first quarter of 2002.

Environmental Protection Act1994 and Interim Regulation1995, Regulation 1998 andInterim Waste Regulation1996

EPA Legislation is designed to protectQueensland's environment whileallowing for ecologicallysustainable development.Licensing and approvalrequirements (which could beissued subject to complianceconditions, for example,prescribing allowable levels ofdischarge for certain substances)apply for certain specifiedenvironmentally relevantbusiness activities.

Review completed in August 2000. Reviewincorporated Environmental ProtectionPolicies and Regulations passed undergatekeeping arrangements in 1997-98, aswell as contaminated land provisions whichwere subsumed within this Act. Therestrictions related primarily to licensingand approval requirements.

The Treasurer endorsed the reviewrecommendations. Provisions subjectedto NCP review retained without reform.

Explosives Act 1952 andRegulation 1955

NR&M Legislation provides for the issueof licences for various activities inthe importation and exportation,manufacture, carriage, storage,sale and use of explosives.Certain explosives that areconsidered dangerous to thepublic are prohibited.

Review not required. The NationalCompetition Council (NCC) supportedremoval of legislation from reviewtimetable on the basis that the provisionsare in the public interest and are not forthe purpose of restricting competition.

Legislation is moving in the direction ofnational standards and has beenmodernised.

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Fair Trading Act 1989, and FairTrading Regulation 1989

TR&FT Legislation intended to providefor a statutory minimum standardof conduct engaged in by personsoffering goods and services, inthe interests of consumerprotection. Similar legislationexists in the other jurisdictions.State and Territory fair tradinglegislation in part mirrors Part IVof the TPA and, in this sense,forms part of a national uniformscheme.

Minor departmental review underway.

Farm Produce Marketing Act1964 and Regulation 1984

PI Legislation regulates commercialarrangements for the sale of fruitand vegetables betweenproducers and wholesalers(agents and merchants), providesfor the licensing of agents andmerchants and business conductrequirements. Conditions toqualify for licences (eg posting offidelity bonds) and restrictions onthe business practices of licenceholders (eg regulation ofmaximum rates of commission)would be the principal areas forreview.

Review completed in June 1999. It foundthat the Act was largely ineffective as mosttransactions occur outside its scope andtherefore there was no public benefit inretaining the legislation.

Act sunsetted on 31 July 2000. Avoluntary code of conduct is to replaceit.

Financial Intermediaries Act1996

TR Prudentially-based supervisorysystem.

It had been expected that the supervisionof the institutions covered by this Act wouldbe transferred to the Commonwealth.However some institutions continue to becovered by this Act. It is currently beingassessed to identify potential restrictions.


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Fire Services Act 1990 ES Various restrictions restrictpotential competition in the fireservices market. For example, byconferring extensive powersrelating to the protection ofpersons and property from fire on'authorised fire officers' ofmetropolitan and rural firebrigades which are not availableto private operators and whichcould expose them to claimsrelating to property damage inthe course of fighting a fire.

Reduced NCP review completed in August2000. Restrictions were identified inrelation to the powers of officers which arenot available to other providers under thelegislation and the imposition ofcompulsory fire levies. Final reportrecommending retention of status quoreleased.

The Treasurer endorsed the reviewrecommendations in September 2000.

Fisheries Act 1994 andRegulation 1995

PI Licensing of fishers and crew.Input controls on boat and gear.Output controls such as totalallowable catches, individualtransferable quotas, bag and sizelimits.

Review completed. The Government is considering thereview recommendations.

Food Act 1981, Food HygieneRegulation 1989, and FoodStandards Regulation 1994

H Various food safety offences.Food to meet prescribed foodstandards. Registration of foodpremises (under associatedregulations).

National review completed in 2000 (see theNSW Food Act 1989).

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

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Forestry Act 1959 andRegulation 1987

PI Management and control of forestproducts on State land vested inthe Department under agreementwith the Queensland Parks andWildlife Service and regulated bythat service. Licensing of timbercollection and of taking of otherresources. Administrativediscretion over how licences andproduce are allocated and priced.Logs harvested not to exceedsustainable yield. Levy to fundtimber research.

Review by officials completed in 1999.Review recommended retaining the nativeforest sawlog allocation system as, whilepro-competitive reform would bringeconomic gains, it avoided imposingsignificant social costs on several ruralcommunities and retaining the timberresearch levy.

A subsequent review of agricultural leviesrecommended removal of the timberresearch levy.

The Government accepted therecommendations and in late 1999 theForestry Amendment Act 1999 waspassed which exempted the allocationsystem from the trade practices lawuntil 2009. In January 2000, following aseparate review of agricultural levies,the Government removed a stumpagelevy to fund the Timber Research andDevelopment Advisory Council.

Fruit Marketing OrganisationAct 1923

PI Contains statutory marketingprovisions for fruit andvegetables.

Industry agreed to repeal of the Act. Actsunsetted on 21 January 2000.

Funeral Benefit Business Act1982, and Funeral BenefitBusiness Regulation 1989

TR&FT Legislation limits the registrationof corporations and provides forbusiness conduct requirements.Similar legislation exists in someother jurisdictions (includingVictoria and NSW).

Departmental review underway. Draft NCPreport under consideration by theDepartment of Tourism, Racing and FairTrading and Treasury. Final report expectedto be endorsed by the Treasurer in thefourth quarter of 2001.

Gaming Machine Act 1991 andRegulation

TR Possession and playing of gamingmachines, which would otherwisebe illegal, is made lawful at alicensed site.

Review deferred subject to outcome of thePC inquiry into gaming in Australia. Thatinquiry released its report in December1999. A NCP report on all gamblinglegislation in the Treasury portfolio iscurrently being developed and is due forcompletion by late 2001.

Certain reforms have been implementedas a result of a general review of thelegislation. Reforms to date include theremoval of the Government's exclusivityover the purchase of gaming machines,instead requiring that manufacturersand suppliers of gaming machines belicensed to ensure that the probity andintegrity of the industry is maintained.


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Gas Act 1965 and Regulations1989

TR Provisions of the Act relating togranting gas franchises(effectively an exclusive right tolay pipes in an area and thus tosupply gas to that area) andrequirements for Governmentapproval for large gas contractsestablishes a virtual statutorymonopoly situation. Legislationalso enables quantitativerestrictions to be placed on thesupply of gas in certain(emergency) situations while theGas Tribunal has the power torecommend price restrictions.Other jurisdictions havelegislation pertaining to theparticular circumstances of theirgas industry. A commonprovision, as per Queensland GasRegulations, is the licensing ofpersons engaged in gasinstallation and servicing which isconsidered essential for publicsafety.

The Gas Act and Regulations were reviewedas part of the CoAG gas reform process.The legislation review component hasoccurred and amendment is proposed inaccordance with franchising and licensingprinciples of the CoAG Natural GasPipelines Access Agreement.

Review completed of those parts of the GasAct and the Petroleum Act not the subjectof the national review of the Petroleum andSubmerged Land Act.

Exposure draft of new Petroleum andGas Bill released for public comment.The aim is to replace the Gas Act 1965and the Petroleum Act 1923 with asingle Act covering both areas, dealingwith exploration, development,production, transmission, distribution,and in the case of gas, use. Newlegislation expected to be introducedlate 2001.

Gas Suppliers (Shareholdings)Act 1972

TR Prohibition relates to a statutorylimitation on the level ofownership of shares in anominated gas supplier (ie toprevent a corporate takeover)and hence restricts the ownershipof a gas utility although it onlyrelates to one company atpresent. A similar restriction isunderstood to apply in regard tothe same company in NSW.

Act repealed in October 2000.

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Grain Industry (Restructuring)Act 1993

PI Legislation provided for therestructuring of the previouslystatutory grain industryorganisations. Statutory domesticand export powers conferred onGrainco over barley state-wideand grain sorghum produced inCentral Queensland. Powers overwheat 'parked' whileCommonwealth arrangements inplace and, under section 10(3),can only be activated byregulation if a public benefitassessment shows this to beconsistent with CompetitionPrinciples Agreement (CPA)clause 5(1).

Joint government-industry reviewcompleted in 1997, recommending thatQueensland remove the domesticmonopoly; and extend the exportmonopoly until at least mid-2002.

A related review of accountabilityrequirements applying to Grainco wascompleted in November 1998. Reviewrecommended a supervisory panel beestablished in lieu of current governmentappointments to Board of Grainco.Application of a number of Acts to Graincoalso modified.

In late 1999, the Government initiated are-examination by officials of its grainmarketing arrangements following theexport reform recommendations arisingfrom the joint Victoria/SA review and theliberalisation of controls over barleyimports into Japan. This re-examinationwas delayed pending a decision by NSWfollowing its grains review. This re-examination has since taken place and theoutcome is under consideration withinGovernment.

The Government accepted therecommendations and, via the PrimaryIndustries Legislation Amendment Act1999, exempted from vesting grain soldfor consumption in the domestic market(see section 20 of the principal Act). Italso undertook to review the exportmonopoly before mid-2002 if eithergrain arrangements in other States, orthe policy of the Japanese Food Agency,changed.


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Grammar Schools Act 1975 E Imposes a Government approvalmechanism for the establishmentof a grammar school andprovides for various Governmentintervention measures (such asthe capacity to withhold or grantassistance funds) andcontrols/limitations on activitiesof grammar schools (egborrowing and investmentpractices). These may restrict theability of such schools to competein the overall market forsecondary education.

Original departmental review completed inSeptember 1997. Review re-opened and isbeing conducted in accordance with revisedframework for scoping and conducting thereview guidelines. Public Benefit Test hasbeen completed and has been submittedfor Ministerial approval.

Harbours (Reclamation ofLand) Regulation 1979, andMarine Land (Dredging) By-Laws under the Harbours Act1955 (sections 91-93)

EPA Legislative provisions set outcertain external approvalrequirements for activities in tidalwaters (such as land reclamationand harbour works).

Provisions were to sunset in December2000. The regulation has been extendeduntil June 2002. The purpose of theextension is to keep the regulation inforce until the Coastal Regulation isintegrated with the IntegratedDevelopment Approval System (nowexpected to occur in March 2002 withthe passage of the Coastal Protectionand Other Legislation Amendment Bill).

Hawkers Act 1984 andRegulation 1994

TR&FT Licensing, entry requirements(age, no mental disease, fit andproper person), and businessconduct (no business between 6p.m. and 7 a.m.). Act does notapply to certain businesses (forexample, charity or sale bymaker of goods).

Reduced NCP review completed. The Government is considering thereview recommendations.

Health Act 1937 - Health(Drugs and Poisons)Regulation 1996

H Licensing, storage, handling anddispensing of goods.

Part of Galbally Review. Final report underconsideration by the Australian HealthMinisters Advisory Council (AHMAC).

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Health Act 1937 - HealthRegulation 1996 Part 6(Hyperbaric ChamberTherapy)

H Restricts possession and use of acompression chamber.

Review completed in March 2001. Finalreport recommended the repeal ofrestrictive provisions of the Act.

The Treasurer endorsed the reviewrecommendations in March 2001. Therestrictive provisions of the legislationwere repealed June 2001.

Health Act 1937 - HealthRegulation 1996 Parts 5(Hairdressers) and 15 (SkinPenetration)

H Licensing, and codes of practice. Review completed in December 1999recommending negative licensing formedium/low risk activities and licensedpremises for high risk activities.

New legislation being prepared, withimplementation due to be finalised bymid 2002.

Health Act 1937 - HealthRegulation 1996 Parts 10 (PestControl Operators) and 12(Poisons (Fumigation)) underHealth Act 1937 Part 4Division 7

H Provides for the licensing of bothfumigators and pest controloperators. Similar regulationsexist in the other States.

Targeted public review completed inOctober 1999. The review examinedlicensing of fumigators and pest controloperators. Report on the framework forscoping and conducting the reviewcompleted late in 1999. The reviewrecommended that licensing be retainedbut licensing criteria include new trainingrequirements based on NationalCompetency Standards to minimise thehealth risks to the public from pesticidesand fumigants.

New legislation being prepared withimplementation due to be finalised bymid 2002.

Health Act 1937 - Health(Nursing Homes) Regulation1982

H Negative licensing of residentialcare facilities.

Departmental review completed in 1997.Queensland Health has examined theCommonwealth's Aged Care Act 1997 todetermine its impact on the Regulation.Policy proposals were subsequentlydeveloped to allow the Regulation to lapseon 1 July 1998, to repeal Part 3 Division 5of the Health Act 1937, and to replace itwith a negative licensing framework inrespect of residential care facilities.

Restrictive provisions dealing withnursing homes expired on 1 July 1998.Proposals were endorsed by the thenGovernment for a new, non-licensinglegislative framework.


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Health Act 1937 - Health(Private Hospitals) Regulation1978 and Health Act 1937 Part3 Division 4

H Licensing and monitoring ofprivate hospitals, and buildingstandards.

Review completed in February 1999.Review recommended retention of alicensing regime for private hospitals andday facilities performing higher riskprocedures and rejected the formaladoption of planning controls.

The Private Health Facilities Act 1999,which replaces the legislation scheduledfor review, was passed in November1999 and commenced in late 2000.

Health Act 1937 - HealthRegulation 1996 Part 16(Therapeutic Goods and OtherDrugs)

H Restricts the advertising,including publication and labeling,of therapeutic goods and drugs(including cigarettes).

No formal NCP review undertaken.Legislative proposals involving theadoption, by reference, of theCommonwealth's Therapeutic Goods Act1989, are currently being finalised prior tosubmission for Ministerial approval.

Implementation of new legislation toadopt Commonwealth legislation,expected by mid 2002.

Health Services Act 1991 -Health Services Regulation1992 (Public Hospitals Feesand Charges)

H Review not required. The anticompetitive provisions repealedin 1997.

Health Services Regulation1992

H Limits the ability of a HealthAuthority to provide privateancillary services (egphysiotherapy, speech pathology,etc) to circumstances wherethere is no private practitioner.

Review not required. The anticompetitive provisions repealedin 1997.

Higher Education (GeneralProvisions) Act 1993

E Provides for accreditation andmonitoring procedures to addressstandards and modes of deliveryin regard to higher education(tertiary) degree courses.

Review completed. Review was expandedin recognition of the accreditationprovisions being nationally uniform.

The Treasurer endorsed the reviewrecommendations in August 2001.Existing regulatory regime retained inthe public interest.

5 Queensland

Page 173


Hire Purchase Act 1959 TR&FT Legislation provides for the rightsand responsibilities of owners andhirers under hire purchaseagreements and conductrequirements in regard to hirepurchase agreements. One typeof transaction prohibited (ieentering into an agreement forthe bailment of goods, whichincludes an option to purchasethem, so as to constitute a hirepurchase agreement).

Reduced NCP review completed. The Government is considering thereview recommendations, includingproposal to repeal the legislation.

Industrial Development Act1963

SD Acquisition and use of land forindustrial purposes (ie inindustrial estates) therebyprecluding other uses (but only ina defined area).

Review not required. As the intention of the Act is not to limituse to industrial purposes, the definitionsection of the Act has been amended toremove this limitation.

Indy Car Grand Prix Act 1990and Regulations

IIESR The Act provides for a nominatedpromoter as the sole participantin the business activity ofpromoting the Indy Grand Prixwith certain other exclusive rightsattached (ie sale of film andtelevision rights, sale of goodswith the Grand Prix insignia andsale of other goods in a declaredarea during a declared period (iethe race days)).

Reduced NCP review completed in October1998. Short-form justification, thatincluded a Regulation Impact Statement(RIS) process, supported retention of alllegislative provisions under review.Legislation gives effect to conditions forstaging the race, including sole promoterrole, that are contained in agreements withinternational owner of the rights to stagethe race worldwide. All services andproducts associated with the Gold Coastevent (eg catering) are competitivelytendered.

Existing regulatory regime retained inthe public interest.


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Integrated Planning Act 1997 LGP Establishes a planning frameworkand is not considered to restrictcompetition itself.

Review completed in October 1997. Reviewfound the Act to be far less prescriptivethan the Local Government (Planning andEnvironment) Act 1990 which it replaced,and that it merely sets up a planningframework. Review reported that the Actdoes not restrict competition.

Interactive Gambling (PlayerProtection) Act 1998

TR Part of the omnibus review of gambling inQueensland.

Invasion of Privacy Act 1971and Invasion of PrivacyRegulation 1986

TR&FT Legislation requires the licensingof credit reporting agents andprohibits the advertising andexhibiting of listening devicesthat has the intention ofpromoting their sale and use.Other jurisdictions may havelegislation dealing with someaspects of credit reporting egadvertising of listening devices.

Reduced NCP review completed. The Treasurer is considering the finalPublic Benefit Test report.

Keno Act 1996 TR Permits the holder of a kenolicence to have the right toconduct the game of keno on aState-wide basis throughapproved outlets for a definedperiod (the playing of keno wouldotherwise be illegal under thegaming laws).

NCP issues were to be fully examined priorto the introduction of the Bill. Certainoutstanding NCP matters were examinedand a draft report compiled. Completion ofthis exercise was deferred subject to theoutcome of the PC inquiry into gambling inAustralia. That inquiry released its report inDecember 1999. A single NCP report on allgambling legislation in the Treasuryportfolio is currently being developed and isdue for completion by late 2001.

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Page 175


Land Act 1994 NR&M Legislation provides for theadministration and managementof non-freehold lands and thelegal creation of freehold land.Review examined tworestrictions: prohibitingcorporations from holdingperpetual leases for grazing oragricultural purposes; andlimiting the number of living unitsthat non-freehold land ownersmay aggregate.

Review committee completed its report inMay 1999. However, Cabinet decided thatfurther consultation was required and thisbegan in early 2001.

The Government is considering thereview recommendations.

Land Sale Act 1984 andRegulation 1989

TR&FT Legislation contains variousprovisions relating to the processof sale of land via a registrableinstrument of transfer and rightsand responsibilities of vendorsand purchasers. Queensland iscurrently the only State thatprohibits the sale of unregisteredland before survey plans areapproved under the seal of therelevant local authority.

Final Public Benefit Test report is beingfinalised by the Department, and expectedto be completed late in 2001.

Legal Practitioners Act 1995 JAG Licensing, registration, entryrequirements, reservation ofpractice (includingconveyancing), disciplinaryprocesses, and business conduct(including the process fordetermining maximum prices).(Also see the Queensland LawSociety Act 1952.)

General review of legislation has occurred.NCP review commenced in the fourthquarter of 2001.


Page 176


Liquid Fuel Supply Act 1984 TR The purpose of the Act is toregulate the distribution of liquidfuels (petrol, diesel and liquidpetroleum gas (LPG)) in times ofshortage/emergency but, to date,has never been activated. Similarlegislation exists in the otherStates. At present theQueensland legislation does nothave any practical impact oncommercial business activities.

Review not required. NCC supported theremoval of the Act from the reviewtimetable on the grounds that thelegislation is in place to serve the publicinterest in terms of controlling liquid fuelusage in times of shortage or emergencies.

Liquor Act 1992 andRegulation

TR&FT Defines licence categories,contains a proof of need test,restricts the sale of packagedliquor to the public to general(hotel) licences, requires hotelbottle shops to be detached,restricts the number any onehotel can establish and thedistance from the hotel and setsmaximum size limits on bottleshops.

Review completed in February 2000.Recommended retention of majorrestrictions relating to the public needs testand general (hotel) licence requirement forsales of packaged liquor to the public.Minor changes to the regulations governingbottle shop distance from main outlet(extended from 5kilometers to10kilometers) and to maximum bottle shopsize (100 square meters to 150 squaremeters)

The Government accepted thesignificant review recommendationswith modifications: the Public NeedsTest was changed to a Public BenefitTest. General licence requirement forsales of packaged liquor retainedalthough volume restrictions on sales byclubs to members lifted and licensedrestaurants may sell small quantities todiners for consumption off premises.

Loan Fund Companies Act1982

TR&FT Conduct and licensing. No loanfund companies operate underthe Act.

Reduced NCP review underway. PublicBenefit Test report to be released forconsultation.

Local Government (HarbourTown Zoning) Act 1990

LGP Legislation specific to onelocation but could be seen toconfer a competitive advantageon the owners of the site throughthe possible application of the Actto bypass normal approvalprocesses.

Review not required. Legislation was allowed to expire on 7December 2000.

Local Government (Planningand Environment) Act 1990

LGP See the Integrated Planning Act 1997. Act repealed and replaced by theIntegrated Planning Act 1997.

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Page 177


Local Government Act 1993,City of Brisbane Act 1924, andLocal Government FinanceStandard 1994

LGP The legislation establishes theframework for the constitution,planning and operation of localgovernment (ie essentially it isenabling legislation). Only twocurrent provisions in the Actappear to be anticompetitive,namely the exclusive right for alocal government to operate ariver ferry service and aprohibition on a local governmentoperating its own superannuationscheme outside of a statutoryscheme for all local governments.

Departmental review underway. Majorreview for ferries issue. Minor review forremaining issues. Review of relevantprovisions relating to the operation of jointlocal government water supply boardsunder the Local Government Act and otherwater-related local government functionswill need to be coordinated.


Local Government Local Laws(formerly By-laws) madeunder the Local GovernmentAct 1993

LGP Establishes a program for reviewof local government laws.

Departmental review completed in 1997. The Local Government Amendment Act1997 applies NCP legislation reviewrequirements to local government.Individual local governments reviewedtheir own anticompetitive local laws andlocal law policies with oversight by theresponsible Department.

Lotteries Act 1994 TR Exclusive licence to operate alottery.

Review completed. Certain outstandingcompetition policy matters were identifiedand a draft report prepared. This exercisewas deferred subject to the outcome of thePC inquiry into gambling in Australia, whichreleased its report December 1999. Asingle NCP report on all gamblinglegislation in the Treasury portfolio iscurrently being developed and is due forcompletion by late 2001.

Act repealed and replaced by theLotteries Act 1997. The statutorymonopoly of the Golden CasketCorporation was replaced with a limitedduration exclusive licence. This was toenable the Golden Casket Corporationtime to mature in a commercialenvironment following itscorporatisation.

Lotteries Act 1997 andRegulation

TR Assigns a limited durationexclusive licence on the GoldenCasket Corporation to offerlottery products.

Part of the omnibus review of gambling inQueensland.

The Lotteries Act 1997 replaced theLotteries Act 1994.


Page 178


Meat Industry Act 1993 PI Various food safety offences.Minimum qualifications for meatsafety officers. Accreditation ofprocessing facilities. Wide powersto make standards.

Not originally scheduled for review. Reviewcompleted in 1999, recommendingdevelopment of new food safety standards,especially for high-risk foods (refer NCPAnnual Report to 31 December 2000).

Act repealed and provisions for meatsafety standards included in the FoodProduction (Safety) Act 2000.

Medical Act 1939 H Restrictions on entry,registration, title, practice,advertising, business, anddisciplinary provisions.

Review completed in 1999. Core practicesreview underway.

Framework legislation passed in 1999.New Medical Practitioners RegistrationAct 2001 passed in May 2001,preserving practice restrictions subjectto review.

Medical PractitionersRegistration Act 2001


New legislation considered by thegatekeeper process. A review of therestrictions on practice is underway.

Legislation implemented May 2001,following review of health professions,with amended title restrictions, businessrestrictions and disciplinary systems.Practice restrictions retained from theprevious Act.

Medical RadiationTechnologists Act 2001

H Restrictions on entry,registration, title, advertising,and disciplinary provisions.

Review completed in 1999, recommendingregistering radiation therapists, medicalimaging technologists/radiographers andnuclear imaging technologists.

Framework legislation passed inDecember 1999. New Medical RadiationTechnologists Act 2001 passed in May2001. The Act does not restrict practice.

Mental Health Act 1974 H Conferral on the Public TrustOffice of sole responsibility forthe management of estates ofspecified patients.

Review not required. The anticompetitive provision repealedas an amendment under theGuardianship and Administration Act2000.

The Mental Health Act 2000 was passedin May 2000, replacing the MentalHealth Act 1974.

Mental Health Act 2000 H The Mental Health Act 2000 replacedthe Mental Health Act 1974.

Mercantile Act 1867 TR&FT Restricts the duration ofpartnerships and prohibitpartnerships in banking andinsurance businesses.

Review not required. Provisions identified as restrictions havebeen repealed or contained withinPartnership (Limited Liability) Act whichis included in review timetable.

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Page 179


Mobile Homes Act 1989 andRegulation 1994

TR&FT Contains particular requirementsrelating to agreements betweenowners and occupiers of mobilehome sites. Regulations providefor maximum fees for services inregard to sale of a mobile home.

As part of an extensive general policyreview of the mobile homes legislation,the Government has decided to repealthe existing Mobile Homes Act andreplace it with a new Act. NCP-relatedissues are being identified andaddressed in the context of the newlegislation. New Act to be considered byParliament in 2002.

Motor Accident Insurance Act1994

TR Mandatory insurance, licensing ofinsurers, and file and writepremium setting.

Full public review completed in November1999. Review recommended retainingfundamental Compulsory Third Party (CTP)scheme aspects, including mandatoryinsurance requirement, licensing ofinsurers, community rating and NominalDefendant. Also recommended removingspecific entry barriers (in terms ofminimum market share and re-entryrequirements) and premium setting by theGovernment will be replaced by setting apremium range within which privateinsurers can determine their own premiumssubject to approval by the Government.

New legislation enacted in line withrecommendations.


Page 180


Nature Conservation Act 1992and Regulation 1994, andspecific flora and faunaConservation Plans

EPA Legislation contains extensiveprovisions for the conservation ofwildlife (flora and fauna) relatedto ecological sustainability.Licensing and permitarrangements apply for a rangeof commercial and recreationalactivities involving wildlife(including, for example, licensingof pet shops selling commercialbirds, nurseries selling certainrestricted plants, the harvestingof macropods and protectedplants and permits forcommercial activities involvingwildlife, such as filming, etc).Prior to any NCP reviewcommencing, furtherconsideration is required toidentify whether there are anyrestrictions in the various species'Conservation Plans in place thatgo beyond what is required forlegitimate natural resourcemanagement purposes.

Reduced NCP review completed in July1999. Review supported retention ofprovisions which are considered to be fornatural resource management purposes.Targeted consultation and review reportmade public January 1999.

Provisions subjected to NCP reviewretained without reform.

Nursing Act 1992 H Restrictions on entry,registration, title, practice, anddisciplinary provisions.

Review underway. Targeted public model.The Department decided the singleanticompetitive provision in the By-Lawshould be repealed. In relation to review ofrestriction on practice in the Act, terms ofreference have been completed. Thereview's public benefit analysis is due forconsultation at the end of 2001/beginning2002 and the Public Benefit Test report isexpected to be completed in early 2002.

The Anticompetitive provision in theNursing By-Law repealed in 1999.Framework legislation in place, coveringdiscipline and administration of allhealth professionals. New legislation isbeing prepared with implementation tobe finalised by mid 2002.

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Page 181


Occupational Therapists Act1979

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

Omnibus review of health practitionersregistration Acts completed in 1998.Review of practice restrictions in healthservices completed in 2000.

Framework legislation in place. NewOccupational Therapists Registration Actpassed in May 2001, removing reservedareas of practice.

Occupational TherapistsRegistration Act 2001

H Restrictions on title, entry,registration, and disciplinaryprovisions.

New legislation considered by thegatekeeper process.

Act replaced the OccupationalTherapists Act 1979.

Optometrists Act 1974 H Ownership restrictions, entry,registration, title, practice,business, and advertising.

Omnibus review of health practitionersregistration Act completed in 1998. Asecond review, limited to examination ofownership and related restrictions wascompleted in 1999, recommending removalof ownership restrictions. Review ofpractice restrictions in health servicescompleted in 2000.

Framework and new registrationlegislation passed the QueenslandParliament in late 1999. TheOptometrists Registration Act 2001 waspassed in May 2001, removingownership restrictions, but reservingrestrictions on practice subject tofurther review.

Optometrists Registration Act2001

H Restrictions on entry,registration, title, practice,business, and advertising.

New legislation considered by thegatekeeper process. Review of corepractice restrictions underway.

Osteopaths Registration Act2001


Act replaced the Chiropractors andOsteopaths Act 1979 following healthpractitioners omnibus review.Framework legislation in place. NewOsteopaths Registration Act 2001passed in May 2001. The Act does notcontain practice restrictions.

Partnership (Limited Liability)Act 1988

TR&FT Restrictions relating to limitedpartners.

Review, in conjunction with the PartnershipAct 1891, completed.


Partnership Act 1891 TR&FT Prohibits business outside of thepartnership except where theconsent of other partners isobtained.

See the Partnership (Limited Liability) Act1988.


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Pawnbrokers Act 1984 andRegulation

TR&FT Licensing, entry requirements(aged over 18 years, notmentally incapacitated, fit andproper person, not a collector,not convicted of fraud ordishonesty offence in past fiveyears), the reservation ofpractice, disciplinary processes,and business conduct (prescribedrecords, public auction ofunredeemed goods over $40,cooperation with police).

Minor departmental review of pawnbrokersand second-hand dealers legislationunderway. Discussion paper to be releasedfor consultation in the fourth quarter of2001.

Petroleum Act 1923 TR Review, in conjunction with the Gas Act1965, underway.

Act to be replaced, along with the GasAct 1965, by a single Act.

Pharmacists Registration Act2001

H Restrictions on entry,registration, title, practice,business, advertising, andownership.

New legislation resulted from healthpractitioner review process in Queensland,retaining restrictions examined by theWilkinson Review pending completion ofreview process. National Review ofPharmacy Regulation (Wilkinson Review)completed in February 2000. The reviewrecommended retaining registration, theprotection of title, practice restrictions anddisciplinary systems (although with minorchanges to the registration systemsrecommended for individual jurisdictions).Further, the review recommendedmaintaining existing ownership restrictions,and removing business licensingrestrictions.

Act replaced the Pharmacy Act 1976.New legislation addresses discipline andadvertising restrictions, but reservesprevious legislation's practice andownership restrictions pendingWilkinson Review outcomes. CoAGreferred the Wilkinson Review to asenior officials' working party, which isyet to report back to CoAG.

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Page 183


Pharmacy Act 1976 H Restrictions on entry,registration, title, practice,business, advertising, andownership.

Considered as part of the healthpractitioner review process in Queensland,with new registration Act enacted. NationalReview of Pharmacy Regulation (WilkinsonReview) completed in February 2000. Thereview recommended retaining registration,the protection of title, practice restrictionsand disciplinary systems (although withminor changes to the registration systemsrecommended for individual jurisdictions).Further, the review recommendedmaintaining existing ownership restrictions,and removing business licensingrestrictions.

Act replaced by the PharmacistsRegistration Act 2001. New legislationaddresses discipline and advertisingrestrictions, but reserves previouslegislation's practice and ownershiprestrictions pending Wilkinson reviewoutcomes. CoAG referred the WilkinsonReview to a senior officials' workingparty, which is yet to report back toCoAG.

Physiotherapists Act 1964 H Restrictions on entry,registration, title, practice,advertising, and disciplinaryprovisions.

Review completed in 1999. Framework legislation enacted inDecember 1999. New PhysiotherapistsRegistration Act 2001 passed in May2001, preserving practice restrictionssubject to further review.

Physiotherapists RegistrationAct 2001


New legislation. Review of core practicerestrictions underway.

Act replaced the Physiotherapists Act1964.

Podiatrists Act 1969 H Restrictions on entry,registration, title, practice,advertising, and disciplinaryprovisions.

Review completed in 2000. Part ofQueensland health professions reviewprocess, which recommended changes todisciplinary system, advertising andbusiness restrictions.

Act replaced by the PodiatristsRegistration Act 2001.

Podiatrists Registration Act2001


New legislation considered by gatekeeperprocess. Review of core practicerestrictions underway.

Act replaced the Podiatrists Act 1969following health professions review.


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Primary Producers Co-operative Associations Act1923

TR&FT Review not required. Act repealed and replaced by theCooperatives Act 1997.

Primary ProducersOrganisation and MarketingAct 1926

PI Allows for the constitution,powers, and functions ofstatutory commodity marketingboards and statutory producerrepresentative bodies. Provisionsrelating to the latter are notconsidered to restrictcompetition.

Review not required. Act repealed by the Primary IndustryBodies Reform Act 1999 as of 21January 2000.

Private Employment AgenciesAct 1983 and Regulation 1989

IR Licensing, entry requirements(resident in Queensland, fit andproper person, suitablepremises), the reservation ofpractice, and business conduct(no charge to jobseekers exceptperformers and models,maintenance of records, nomisleading advertising).

Departmental review completed. Reviewreport finalised, canvassing the repeal ofthe Act and the incorporation of fee-charging restrictions into the IndustrialRelations Act 1999.

New legislation being prepared withimplementation due to be finalised bythe end of March 2002.

Private Health Facilities Act1999

H Licensing. Act replaced the Health Act 1937 -Health (Private Hospitals) Regulation1978 and Health Act 1937 Part 3Division 4, and was passed in November1999 and commenced in late 2000.

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Page 185


Professional Engineers Act1988 and Regulation 1992

PW Licensing, registration (forprofessional engineers - invarious divisions of theprofession, ie civil, mechanical,metallurgical, etc, professionalengineering companies andprofessional engineering unitswithin a company), entryrestrictions (qualifications and 5years experience), reservation oftitle and of practice, disciplinaryprocesses, commercialrestrictions, business licensing.

Full public review underway. Review reportcompleted in March 2000. Reviewconducted by an interdepartmentalcommittee supplemented by a consumerrepresentative and an independentmember with engineering expertise. Reportwas released in November 2000 for furtherconsultation.

The Government is considering thereview recommendations. The timing ofany legislative amendments may becoordinated with amending legislationregulating the practice of architecture.

Profiteering Prevention Act1948

TR&FT Quality/technical standards,pricing restrictions, businessconduct, and measures thatconfer a benefit.

Public Benefit Test report being finalisedwith expected completion in the fourthquarter of 2001 - consideration being givento repeal.

Implementation expected in the secondquarter of 2002.

Property Agents and MotorDealers Act 2000

TR&FT Licensing, entry requirements,reservation of practice,disciplinary processes, businessconduct.

Act replaces the Auctioneers and AgentsAct 1971.

Psychologists Act 1977 H Restrictions on entry,registration, title, advertising,and disciplinary provisions.


Act replaced by the PsychologistsRegistration Act 2001.

Psychologists Registration Act2001


Act replaced the Psychologists Act 1977following health professions review.


Page 186


Queensland Building ServicesAuthority (QBSA) Act 1991and Regulations 1992 andPolicy 1995

HO Licensing, registration, entryrequirements (qualifications andexperience, fit and proper,financial requirements), thereservation of practice,disciplinary processes, andbusiness conduct (ownership;advertising and sign at buildingsite - whereby workers muststate whether licensed, namelicensed under and identifyingnumbers; written contract;compulsory insuranceadministered by the QBSA;warranty).

Departmental review underway.

Queensland Heritage Act 1992and Regulation

EPA Legislation provides for theconservation of Queensland'scultural heritage. Currently,Heritage Council approval isrequired before any developmentis allowed on heritage-registeredproperties.

Reduced NCP review completed inDecember 1998 and publicly released.Review justified retention of provisions onpublic interest grounds.

Queensland Law Society Act1952 and Rules 1987,Queensland Law Society(Indemnity) Rule 1987 andContinuing Legal EducationRule

JAG Annual practicing certificates canonly be issued by the QueenslandLaw Society, and businessconduct (various educationalprograms and practise courses,indemnity insurance - with lawsociety master policy or aninsurer approved by law society).

Being reviewed as part of a broad review ofthe legal profession in Queensland. See theLegal Practitioners Act 1995.

5 Queensland

Page 187


Racing and Betting Act 1980and Regulations as they relateto the Totalizator AgencyBoard (TAB)

TR&FT Statutory monopoly provisions inQueensland legislation relate tothe establishment of TAB tocontrol totalisator betting and ofcontrol bodies for horse racing(Queensland Principal Club),harness racing (Harness RacingBoard) and greyhound racing(Greyhound Authority).Registration requirements applyfor race, trotting and greyhoundclubs while licensingrequirements apply in respect ofbookmakers (and their clerks)and totalisators. Matters such asthe recording of bets and theconduct of betting, drug samplingand analysis, advertising and thestandard of facilities at race clubsare also prescribed. A pricecontrol provision relates tomaximum bets at greyhoundmeetings. An outright prohibitionexists in respect of betting andbookmaking outside of thecoverage of the Act.

Racing Industry Taskforce examinedstatutory monopoly of Queensland TAB.This was addressed in developing theWagering Act.

New legislation, the Wagering Act 1998replaces the statutory monopolyapplying to the TAB with an exclusivelicence of limited duration.


Page 188


Racing and Betting Act 1980and Regulations as they relateto racing and the conduct ofbookmakers

TR&FT Statutory monopoly provisions inQueensland legislation relate tothe establishment of TAB tocontrol totalisator betting and ofcontrol bodies for horse racing(Queensland Principal Club),harness racing (Harness RacingBoard) and greyhound racing(Greyhound Authority).Registration requirements applyfor race, trotting and greyhoundclubs while licensingrequirements apply in respect ofbookmakers (and their clerks)and totalisators. Matters such asthe recording of bets and theconduct of betting, drug samplingand analysis, advertising and thestandard of facilities at race clubsare also prescribed. A pricecontrol provision relates tomaximum bets at greyhoundmeetings. An outright prohibitionexists in respect of betting andbookmaking outside of thecoverage of the Act.

Review of provisions of the Racing andBetting Act relating to bookmakers,conduct of race meetings and other relatedrestrictions concerning the operation ofrace events completed in 2000. Reviewrecommended that regulations thatmaintain and enhance probity, integrityand public confidence in the industry (eglicensing) be retained, and the prohibitionson entry of new codes of racing, conduct ofproprietary racing and racing bookmakers'advertising be removed.

Cabinet endorsed the NCP reviewrecommendations in November 2000.Cabinet also approved preparation ofthe proposed Racing Bill 2001 as aconsultation draft. During 2000, the Actwas amended to remove the majority ofnon-probity based, competitionrestrictions on bookmakers, in particularthose relating to minimum phone bet,betting type and recording of bets.

Racing Venues DevelopmentAct 1982

TR&FT The Act prescribes terms thatapply to leases granted bytrustees of racing venues and isnot considered to impose anysignificant restrictions oncompetition.

The Act applies only to Albion Park. Onclose examination, it became apparent thatthe Act does not contain any provisionsthat restrict competition. In particular, itwas determined that the provisions thatspecify the terms of a lease by trustees ofa racing venue are not anticompetitive.

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Page 189


Radiation Safety Act 1999 H National review completed. Reviewcompleted under gatekeepingarrangements, finding restrictions justifiedin the public interest.

Residential Tenancies Act 1994and Regulation 1995

HO Statutory monopoly provisionsrelate to Residential TenanciesAuthority as the sole bodyauthorised to manage rentalbonds. Similar requirements existin most other jurisdictions.

Public Benefit Test completed in March1998 and supported retention of authority'sstatutory monopoly over administration ofrental bonds.

Cabinet agreed to the reviewrecommendations. Currentarrangements preserved in legislation.

Retail Shop Leases Act 1994and Regulation

SD Provides protection to lessees ofpremises in retail shoppingcentres, as defined. Someservices operated in suchpremises may not have the sameprotection if situated outside of aretail shopping centre.

Departmental review completed inNovember 1999. This statutory reviewincluded consideration of NCP issues.Review recommended retention of existingrestrictions to ensure fair and equitablelease arrangements exist for small leaseholders in shopping centres. Review alsojustified amendments requiring prospectivelessees to obtain a pre-lease certificaterelating to the nature of, and consequencesof entering, a lease agreement.

Act amended. Included in theamendments was the introduction ofpre-lease certificates which was justifiedthrough the NCP review. The RetailShop Leases Amendment Act 2000 wasassented to in June 2000 andcommenced on 1 July 2000, with theexception of those sections dealing withunconscionable conduct. These sectionscannot be proclaimed until amendmentsto the TPA are effected.


Page 190


Retirement Villages Act 1988and Regulation 1989

TR&FT Provides the registrationprocedure for retirement villageschemes with applicants requiredto meet prescribed requirements.Provision for exemption fromsome requirements for religiousor charitable organisations thatmay confer a competitive benefit.The Act also provides for astatutory charge andencumbrances over village landfor the benefit of residents butwhich may impede businessconduct. Price controls relate toservice charges payable byresidents. Other potentialrestrictions on business conductalso exist.

Reduced NCP review completed in July1999.

Draft Bill released for public commentand anticompetitive provisions to besubject to Public Benefit Test prior tointroduction (expected in 1998-99).New Bill assessed against NCPobligations. New Bill passed in 1999,retaining some restrictions oncompetition including: retention of entryrequirements for village operators;business conduct requirements morestringent but provide greater clarity foroperators and residents; and statutorycharge requirements less stringent thancurrent legislation.

Sale of Goods Act 1896, andSale of Goods (ViennaConvention) Act 1986

TR&FT Legislation contains certainstipulations relating to the sale orpurchase of goods that affectrights and remedies of buyersand sellers.

Short form report completed indicatinglegislation did not contain anticompetitiveprovisions. Report released.

Sawmills Licensing Act 1936and Regulation 1965

PI Licensing of sawmills at absolutediscretion of corporation.Licenses specify maximumproductive capacity of mill.

Review completed in 2000. The Government is considering thereview recommendations.

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Page 191


Sea Carriage of Goods(Queensland) Act 1930

T Requires that before a voyagethe shipping carrier must exercisedue diligence to: make the shipseaworthy; properly crew, equip,and supply the ship; and makeholds, refrigerating and coolchambers, and all other parts ofthe ship in which goods arecarried, fit and safe for reception,carriage and preservation ofgoods.

Review completed. Act to be repealed.

Second-hand Dealers andCollectors Act 1984 andRegulation 1994

TR&FT Licensing (second-hand dealersfor not exempt goods),registration, entry requirements(aged over 18 years, notmentally incapacitated, fit andproper person, not convicted offraud or dishonesty offence inpast five years), the reservationof practice, disciplinaryprocesses, and business conduct(prescribed records, holdinggoods for prescribed period,requirement that seller provideidentification, cooperation withpolice).

Minor departmental review of pawnbrokersand second-hand dealers legislationunderway. Discussion paper to be releasedfor consultation in the fourth quarter of2001.

Security Providers Act 1992and Regulation 1995

TR&FT Licensing (security officers,private investigators, crowdcontrollers where services are forreward (not in-house securityofficers)), entry requirements,and the reservation of practice.

Minor departmental review underway.Issues paper to be released in the fourthquarter of 2001.


Page 192


Sewerage and Water SupplyAct 1949 and Regulation 1987,and Standard Water andSewerage Laws

LGP Plumbers and drainers: licensing,registration, entry requirements(qualifications and practicalexperience), reservation ofpractice, and disciplinaryprocesses. Also provides the headof power for the making ofplumbing and drainagestandards.

Act administered jointly with Department ofNatural Resources and Mines (NR&M).NR&M's NCP issues substantively dealt within the Water Act 2000. NCP matters relatedto that part of the Act administered byDepartment of Local Government andPlanning are being reviewed as part ofcurrent proposals to integrate plumbingapprovals and appeal processes in theIntegrated Planning Act. Review underway,and expected to be completed in early2002.

To be determined.

South Bank Corporation 1989and Regulation and By-laws1992, and South BankCorporation AmendmentRegulation 1992

P&C The primary purpose of thelegislation is the developmentand provision of public parklandand facilities within the declaredSouth Bank area. Variousprovisions in the Act modify orexclude the operation of certainother statutes (eg the SouthBank Corporation is exempt fromlocal government rates). Otherprovisions could be used to grantspecial privileges to lessees in thedeclared area (eg the exclusiveright to deal in particularproducts). Arguably, thelegislation could confercommercial advantages onbusinesses located within theSouth Bank compared tocompetitors outside the declaredarea.

Departmental review completed inFebruary 2000. Review considered severalprovisions, including a public benefitassessment of the exemption provided inthe legislation from the application of theResidential Tenancies Act 1994 and theRetail Shop Leases Act 1994.

Review report formally signed off by thePremier and was provided to theTreasurer for endorsement in January2000. Amendments flowing from thereview were included in the Bill resultingfrom a general review of the Act.Authority to Prepare the Bill was givenin September 2001.

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Speech Pathologists Act 1979 H Restrictions on entry,registration, title, advertising,and disciplinary provisions.


Act replaced by the Speech PathologistsRegistration Act 2001.

Speech PathologistsRegistration Act 2001

H Restrictions on entry,registration, title, and disciplinaryprovisions.

New legislation considered by thegatekeeper process. Review completed in2000, recommending retaining registration.

Act replaced the Speech PathologistsAct 1979.

State Housing Act 1945 andRegulation 1986, StateHousing (Freeholding of Land)Act 1957, and Interest RateOrders under these Acts

HO Legislation contains variousprovisions that confer advantagesor privileges on the QueenslandHousing Commission that are notavailable to other housingproviders (eg Commission land isnot rateable, securities executedunder the Acts are not subject tostamp duty etc). Pricing Ordersrelate to maximum interest rateson advances and purchase pricesunder contracts entered into interms of various schemes underthe Housing Act and for purchaseprice of certain land under theHousing (Freeholding of Land)Act.

Departmental review near completion.Competition Impact Statement preparedfor Treasury approval.

Minor legislative change anticipated.

State Transport (People-movers) Act 1989

T Provides for licensing andagreements for the installation ofpeople movers and also containsprovisions which can overridelocal government planningschemes.

Review completed. Review recommendedthe Act be repealed.

Act to be repealed via the TransportLegislation Amendment Bill 2001.Provisions of Act relating to existinglicences and operating requirementsproposed to be retained in the TransportInfrastructure Act 1994, followingassessment of any restrictive elements.


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State Transport Act 1960 andRegulation 1987

T Restrictions in regard to thecarriage of goods by road.

Review completed in 1998. Act repealed by the TransportOperations (Road Use Management)Act. Any future legislative control ofrestricted goods will be via regulationand subject to Public Benefit Testrequirements.

Sugar Industry Act 1991,Sugar Industry Regulation1991, and Sugar Industry(Assignment Grant) Guideline1995

PI Monopoly granted to QueenslandSugar Corporation over domesticand export marketing of all sugarproduced in the State. Localboards control cane productionareas and allocation of cane tomills.

Joint Commonwealth Government,Queensland Government and industryreview (the Sugar Industry Review WorkingParty) of this Act and the Sugar MillingRationalisation Act 1991, completed in1996. It recommended:

• retaining the domestic and exportmonopolies subject to export paritypricing of domestic sales;

• permitting growers to negotiateindividually with mills once collectiveagreements expire; and

• removal of the Commonwealth's sugartariff.

The Commonwealth Governmentremoved the tariff on sugar importsfrom mid 1997. The QueenslandGovernment set the price of domesticraw sugar sales by the QueenslandSugar Corporation on the basis ofexport parity pricing rather than importparity. This is intended to replicate thebenefits which might be expected fromderegulating the domestic market singledesk.

Act repealed and replaced by the SugarIndustry Act 1999, which brought in arange of other reforms including somewhich allow more scope for growers tonegotiate individually with mills.However some restrictions remain. Thenew Act also brought several structuralreforms of the Corporation and bulksugar terminals.

Sugar Milling RationalisationAct 1991

PI The Act is intended to provide aframework for rationalisation ofmilling operations but may in factgive rise to unintendedrestrictions on development ofnew mills.

Review, in conjunction with the SugarIndustry Act 1991, completed in November1996.

Act repealed and replaced by the SugarIndustry Act 1999.

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Superannuation (Governmentand Other Employees) Act1988, Superannuation (StatePublic Sector) Act 1990, StateService Superannuation Act1972, ParliamentaryContributory SuperannuationAct 1970, and PoliceSuperannuation Acts 1968 and1974

TR Limits on choice of funds. The Government considers a review is notrequired, as on close examination, the solemanagement of investments by theQueensland Investment Corporation is notconsidered to restrict competition as thelegislation allows for the appointment ofalternative providers to manage all or partof the investments. Two other mattersregarding the administration of theQueensland public sector superannuationscheme - sole provision by QSuper andadministration by the GovernmentSuperannuation Office - were alsoexamined and not considered to be inbreach of NCP.

Surveyors Act 1977 andRegulations 1992

NR&M Licensing, registration, entryrequirements (education,experience, good fame andcharacter), the reservation of titleand practice, disciplinaryprocesses, and business conduct(including business nameapproval, fee setting, professionalindemnity insurance, ownershiprestrictions).

Review completed in November 1997, butreport not yet released (brief summaryincluded in 2001 NCP annual report).Recommendations included retainingregistration, removing business nameapproval and fee setting by the SurveyorsBoard of Queensland, and removingrequirement that directors of bodiescorporate have qualifications.

The Government endorsed the reviewrecommendations to retain registrationfor non-exempt surveyors (includingmining and engineering surveyors) andremove anticompetitive provisions ofbusiness name approval and fee settingby the Surveyors Board of Queensland,and qualifications of directors of bodiescorporate. Also endorsed scope to moveto a co-regulatory model in the future.Amending legislation being prepared.

Tobacco Products (Licensing)Act 1988

TR Legislation provides for thelicensing of tobacco wholesalersand retailers and requirespremises used for these purposesto be specified by licensees. Italso requires the keeping of salesrecords (ie for the purposes ofcalculating the quantum of feespayable by a licensee).

Review not required as the High Courtdecision (Ha & Lim v NSW) removesanticompetitive effect of the Act.


Page 196


Tow Truck Act 1973 andRegulation 1988

T Reduced NCP review completed in 1999,and found a public benefit justification forconsumer protection and industryregulation provisions in the Act.

Legislative amendments introduced in1999 strengthen consumer protectionprovisions and retain industryregulatory provisions. New legislationcommenced 1 July 1999.

Trade Measurement(Administration) Act 1990

TR&FT Short form report being prepared advisingthat potential restrictions are notanticompetitive. To be advertised in thefourth quarter of 2001.

Trade Measurement Act 1990 TR&FT National review underway. Scoping studyidentifies most potential restrictions do nothave anticompetitive effects or are in thepublic interest. Two restrictions wererecommended to undergo a Public BenefitTest but jurisdictions are yet to agree onthe approach etc.

Trading (Allowable Hours) Act1990 and Regulation 1994

IR Restrictions on Monday-to-Saturday trading hours for'nonexempt' stores (that is,shops employing more thanprescribed numbers of employeesand shops not predominantlyselling nominated products).Sunday trading by nonexemptstores prohibited outside majorcities and some tourist areas.Hardware stores are excepted buthave restricted Sunday tradinghours. Other stores allowed toopen on Sundays but haverestricted hours.

The Queensland Industrial RelationsCommission (QIRC) determinesapplications for extended trading hours.

The QIRC can extend hours having regardto a list of factors that comprise section 26of the Act (locality, needs of industry,tourism, needs of the population, the publicinterest, alleviation of traffic congestion,and any other matters). The QueenslandGovernment has made submissions to theQIRC to alert it to the public interestfactors in the CPA and the Government'ssupport for them in relation to tradinghours.

Outcomes of QIRC cases are beingmonitored to see whether outcomesreflect NCP principles. The Commission'srecent decisions have resulted inremoval of restrictions in some cases.

Transport Infrastructure Act1994 - TransportInfrastructure (Ports)Regulations 1994

T Harbour towage restrictions. Review underway. Final stakeholderconsultation and consideration by theGovernment expected in the fourth quarterof 2001.

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Transport Infrastructure Act1994 - TransportInfrastructure (Ports)Regulations 1994

T Restrictions on port activitiesoutside prescribed port limits.

Review completed. Review found a netpublic benefit justification for the currentregulatory regime and proposed noamendments to the Act, and a furtherreview in ten years.

Transport Infrastructure Act1994, Transport Infrastructure(State Controlled Roads)Regulation 1994, andTransport Infrastructure(Railways) Regulation 1994

MR Legislation deals with thedevelopment and management oftransport infrastructure strategiesand programs in regard to roadtransport, rail transport andports. Identified restrictions(actual and potential) oncompetition include: thecontinuation of Queensland Rail's(QR) monopoly on haulage ofexport coal (ie effectively astatutory monopoly for 5 yearsbefore access provisions applyconsistent with provisions of PartIIIA of the TPA), the accreditationrequirement for the managementand/or operation of a railway(with automatic interimaccreditation provided for QR andother existing railoperators/managers), therequirement for tug operators incertain ports to obtain approvalfrom the relevant Port Authorityand a power for the QueenslandGovernment to imposerestrictions on the developmentof port infrastructures outside ofdesignated existing Queenslandports.

Review not required. An initial scopingassessment of various Main Roads relatedNCP issues in this legislation concluded thatthere should be a full review of limitationson services able to be provided at accesspoints to limited-access main roads, andreduced reviews of matters underlyingroad-side advertising restrictions anddelivery of Main Roads work by localgovernment. On closer examination, itbecame apparent that these matters didnot amount to a legislative restriction oncompetition and therefore do not warrantreview under Clause 5 of the CPA. Thesematters are primarily of a policy naturewhich the Department is continuing toaddress, including any NCP implicationsthat fall outside of the legislation reviewprogram (LRP).


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Transport Operations (MarineSafety) Act 1994 andRegulation 1995

T Legislation provides for a regimeof marine safety that isconsistent with the UniformShipping Laws Code and which,as a general rule, only applies tomatters outside the reach of theCommonwealth Navigation Act(notably pilotage in Queenslandwaters which is compulsory in adeclared pilotage area). The onlyidentified restriction oncompetition beyond the uniformstandards relates to the holdingof licences for piloting a ship.

Review completed in May 1999. Reviewrecommended some pro-competitivelegislative changes to take effect at the endof a three year transition period for transferof responsibility for pilotage services fromthe Department to port authorities.Recommendations included retaininglicensing of marine pilots by theQueensland Government (for safety andenvironmental reasons), each portauthority to determine service deliveryarrangements for its ports (including "in-house" provision and competitivetendering) and removal of price controls(with prices determined by each portauthority subject to QueenslandCompetition Authority oversightarrangements).

Legislative amendments expected in thesecond quarter of 2002.

Transport Operations(Passenger Transport) Act1994 and Regulation

T Licensing arrangements for taxis,limousine services, inland airservices, scheduled urban busservices and school transport.Market entry restrictions apply inrespect of various publicpassenger services, for examplegiving exclusive rights tooperators to provide a specifickind of public passenger servicein a specific area. Quantitativerestrictions (number of licences)apply in respect of taxi serviceareas. Regulation also providesfor price control over taxi fares(ie. maximum fares) and otherservice requirements.

Review by a steering committee comprisingsenior officers from Queensland Transport,Queensland Treasury and Department ofPremier and Cabinet completed and reportpublished September 2000. Concluded thatservice contracts and the existing systemof market entry restrictions for taxis, busesand air services are largely justified, butthere are some areas where improvementscould be made. The report recommendedthat market entry restrictions be retainedfor those areas of the limousine industrythat compete directly with the taxiindustry, but that the remainder of thelimousine industry be deregulated. Policypositions being developed followingcommunity consultation of findings.


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Travel Agents Act 1988 TR&FT Licensing and compulsoryconsumer compensation fund.

National review underway (coordinated byWA). A final review report by Centre forInternational Economics (CIE) released in2000. Public consultation involved releaseof issues paper, background paper,consultation and receiving submissions. CIErecommended that entry qualifications fortravel agents be removed and maintaincompulsory insurance, but recommendedthe requirement for agents to holdmembership of the Travel CompensationFund, the compulsory insurance scheme,be dropped. Instead, a competitiveinsurance system where private insurerscompete with the Travel CompensationFund was viewed as the best option.Supplementary consultation underway.

Trustee Companies Act 1968 JAG Restricts the provision of certainservices in relation to deceasedestates and the maintenance ofminors and other legallyincapable persons, to certainstatutory trustee companies (iethose cited in a schedule to theAct) and also prescribes amaximum commission chargeableagainst the estate.

Combined review being undertaken by alljurisdictions in conjunction with thedevelopment of new uniform trusteecompany legislation. Discussion paperreleased in May 2001.


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University of SouthernQueensland Act 1989,University of SouthernQueensland (Investment)Statute 1993 and similarlegislation regarding CentralQueensland University,Queensland University ofTechnology, James CookUniversity of NorthernQueensland, University ofQueensland, GriffithUniversity, and SunshineCoast University College

E Legislation provides for theconstitution, powers andoperations of each university.Legislation contains certainrestrictions on the University'sactivities, notably in respect ofapplication of revenue(regardless of source) to specificuniversity purposes, externalapproval requirements (ie fromthe Government) for borrowingand variation of terms of trustsand gifts, and limitation ofinvestment activities. These couldbe construed as restricting theuniversity from takingcommercial advantage ofopportunities for investment orother revenue raising businessincidental to university functions.

Departmental review completed. Separateand similar Acts modelled on the JamesCook University of North Queensland Act1997 passed under gatekeepingarrangements in 1997-98 for eachuniversity. All of the Acts have beenrewritten and passed by the QueenslandLegislative Assembly early in 1998. All Actswere assented to by 12 March 1998 andare to commence on various dates to befixed by proclamation.

The Treasurer endorsed the reviewrecommendations in August 2001.Existing regulatory regime retained inthe public interest.

Valuers Registration Act 1992and Regulation

NR&M Licensing, registration, entryrequirements (education, fiveyears practical experience andexam or certificate ofcompetence, good fame andcharacter, fit and proper), thereservation of title and practice,disciplinary processes, andbusiness conduct (includingadvertising).

The Act provides for theregistration of valuers and for aCode of Professional Conduct.

Departmental review completed in October1999. Review found deregulation inmedium to long term is likely to deliver netpublic benefit, but in the short term is arisk to infrequent users of valuers. Reviewrecommended retaining registration (withfurther review in three years) andremoving other geographic and pricecontrol restrictions.

The Government endorsed the reviewrecommendations in February 2000.Amending legislation was introduced toParliament in March 2001. Amendmentsincluded re-composition of the board,reduction in practical experiencerequirements from five to three years,and a new requirement for continuingprofessional development for renewal ofregistration.

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Veterinary Surgeons Act 1936and Regulation 1991, andvarious Orders in Council

PI Registration of veterinarysurgeons, reservation of practice,advertising restrictions,ownership restrictions, andcontrols on business names.

Review completed in 1999. Reviewrecommended retention of registration andpractice reservation, but removal ofownership restrictions, advertisingrestrictions, and controls on businessnames.

Amendments to the Act in line with thereview recommendations to beintroduced into Parliament in October2001.

Vocational Education, Trainingand Employment Act 1991 andRegulation

ET Creates a statutory monopoly ofthe State Training Council inregard to the administration ofapprenticeship and traineeshipschemes and to the AccreditationCouncil in regard to certaincourses and training programs.

Minor review carried out on the thenproposed new Bills (Vocational Educationand Training Bill and Institutes Bill) toreplace this Act with a view to undertakingfull review after 18 months. These Billswere never introduced. A reduced NCPreview was undertaken of the proposednew Training and Employment Act 2000which replaced the legislation referred toabove. The review concluded that therestrictions in the new Act were minimaland justifiable. The review was completedin April 2000.

New Training and Employment Actoperates from June 2000. Providers willbe required to be registered only whenthey wish to deliver nationallyrecognised training. Volume of courseaccreditation will diminish as providersuse more national training packages.The Act also delivers increased flexibilityand will ensure specific requirementscan be properly negotiated betweenemployers, apprentices and registeredtraining bodies.

Wagering Act 1998 – Part 1 of2 cl5(5)

TR TAB licence. The Racing Industry Taskforce examinedstatutory monopoly of Queensland TAB andthis was addressed in developing theWagering Act.

The Wagering Act replaced part of theRacing and Betting Act 1980.Queensland has granted the TAB a 15year exclusive licence.

Wagering Act 1998 - Part 2 of2 (Omnibus review)

TR Omnibus review of Queensland gamblinglegislation (except racing) underway. Asingle NCP report on all gamblinglegislation in the Treasury portfolio is beingdeveloped and is due for completion by late2001.


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Wine Industry Act 1994 andRegulation 1995

TR&FT The Act contains licensingprovisions for wine producers andother restrictions on such thingsas blending.

Departmental review completed in July1999. It recommended:

• the single 'producer' licence be replacedwith two-tier licensing system thatprovides for licensing of both 'producers'and 'merchants'; and

• removal of restrictions on blending asthe Commonwealth sets standards inthis area.

Amendments to be made to give effectto review recommendations.

Workcover (Queensland) Act1997 and Regulation 1997(replacing the Workers'Compensation Act 1990 andRegulation 1992)

IR Mandatory insurance, monopolyinsurer, and centralised premiumsetting.

Review completed in December 2000. The Government is considering thereview recommendations.

Workplace Health and SafetyAct 1995 and Regulation 1997

IR Licensing/registration, andbusiness conduct.

Departmental review underway. The onlypart of the 1997 Regulation which has beenidentified as anticompetitive in theendorsed framework for scoping andconducting the review plan is Part 3 -Prescribed Occupations. Review expectedto be finalised by the end of 2001, inconjunction with a review of certificationconducted nationally.

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