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The Australian Government's NCP Annual Report for the Period 1 July

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The Australian Government's NCP Annual Report for the Period 1 July Australian Government National Competition Policy Annual Report 2004-05 © Commonwealth of Australia 2005 ISBN 0 642 74327 4 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and inquiries concerning reproduction and rights should be addressed to the: Commonwealth Copyright Administration Attorney General’s Department Robert Garran Offices National Circuit CANBERRA ACT 2600 Or posted at: http://www.ag.gov.au/cca A copy of this document appears on the Treasury website: http://www.treasury.gov.au Contents Abbreviations ............................................................................................................................. ix Introduction ................................................................................................................................. 1 The importance of competition policy for Australia ................................................................... 1 National Competition Policy framework .................................................................................... 3 Public interest test ....................................................................................................................6 The need for safeguards...........................................................................................................7 The Australian Government’s reporting requirement ................................................................ 8 National Competition Policy payments ..................................................................................... 9 The future of National Competition Policy............................................................................... 12 Internet resource material....................................................................................................... 12 1 Legislation review ............................................................................................................... 13 1.1 Why is legislation review necessary?............................................................................ 13 1.2 Commonwealth Legislation Review Schedule .............................................................. 16 Reporting requirements for legislation reviews ............................................................. 17 Complexity of the review and details of the review panel ............................................. 17 Terms of reference ....................................................................................................... 17 Extent of public consultation......................................................................................... 18 Review progress or recommendations and Government response .............................. 19 1.2.1 Reviews completed and reform outcomes announced ................................... 19 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Department of Environment and Heritage) .................................................... 19 Australian Maritime Safety Authority Act 1990 (Department of Transport and Regional Services)................................................................... 20 Australian Postal Corporation Act 1989 (Department of Communications, Information Technology and the Arts) ................................ 21 Bounty (books) Act 1986, Bounty (fuel ethanol) Act 1994, and Bounty (machine tools and robots) Act 1985 (Department of Industry, Tourism and Resources).................................................................. 22 Customs Tariff Act 1995 (automotive industry arrangements) (Department of Industry, Tourism and Resources) ......................................... 22 Customs Tariff Act 1995 (textile, clothing and footwear) (Department of Industry, Tourism and Resources) .............................................................. 25 Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 (Department of Education, Science and Technology).............................................................. 26 iii Export Control Act 1982 (fish, grains, dairy, processed foods etc) (Department of Agriculture, Forestry and Fisheries) ....................................... 27 Export Control Act 1982 — Export Control (unprocessed wood) Regulations (Department of Agriculture, Fisheries and Forestry) ................... 28 Health Insurance Act 1973 Part IIA (Department of Health and Ageing) .................................................................................................... 30 Imported Food Control Act 1992 and regulations (Department of Agriculture, Fisheries and Forestry) ................................................................ 31 Intellectual Property Legislation — Designs ACT 1906, Patents Act 1990, Trade Marks Act 1995, Copyright Act 1968, and the Circuits Layout Act 1989 (Department of Industry, Tourism and Resources)............................................................................................... 33 International Air Services Commission Act 1992 and International Air service Agreements (Department of Transport and Regional Services).......................................................................................... 34 Motor Vehicle Standards Act 1989 (Department of Transport and Regional Services).......................................................................................... 34 National Health Act 1953 Part VI and Schedule 1 and Health Insurance Act 1973 Part III (Department of Health and Ageing) ..................... 36 Ozone Protection Act 1989 and Ozone Protection (Amendment) Act 1995 (Department of Environment and Heritage) ..................................... 37 Petroleum (Submerged Lands) Act 1967 (Department of Industry, Tourism and Resources)................................................................................. 39 Radiocommunications Act 1992 and related Acts (Department of Communications, Information Technology and the Arts) ................................ 39 Trade Practices Act 1974 — 2D exemptions (local government activities) (Department of the Treasury).......................................................... 40 Trade Practices Act 1974 — Part IIIA (access regime) (Department of the Treasury)............................................................................................... 41 Wheat Marketing Act 1989 (Department of Agriculture, Fisheries and Forestry)................................................................................................... 42 1.2.2 Reviews completed, recommendations under consideration .......................... 44 Aboriginal Land Rights (Northern Territory) Act 1976 (Department of Immigration and Multicultural and Indigenous Affairs) .................................... 44 Agricultural and Veterinary Chemicals Legislation (Department of Agriculture, Fisheries and Forestry) ................................................................ 45 Bills of Exchange Act 1909 (Department of the Treasury) .............................. 45 iv Broadcasting Services Act 1992, Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, Radio Licence Fees Act 1964, Television Licence Fees Act 1964 (Department of Communications, Information Technology and the Arts) ....................................................................................................... 46 Commerce (Trade Descriptions) Act 1905 and Commerce (Imports) Regulations (Attorney-General’s Department) ................................................ 48 Disability Discrimination Act 1992 (Attorney-General’s Department) .............. 49 Financial Transactions Reports Act 1988 and regulations (Attorney-General’s Department).................................................................... 50 Higher Education Funding Act 1988, Vocational Education & Training Funding Act 1992 and any other regulation with similar effect to the Higher Education Funding Act 1988 (Department of Education, Science and Training) ................................................................... 51 Navigation Act 1912 (Department of Transport and Regional Services).......................................................................................... 54 Shipping Registration Act 1981 (Department of Transport and Regional Services).......................................................................................... 56 Trade Practices Act 1974 — subsections 51(2) and 51(3) exemption provisions (Department of the Treasury)......................................................... 57 Trade Practices Act 1974 (Part X — international liner cargo shipping) (Department of Transport and Regional Services) .......................... 58 1.2.3 Reviews commenced but not completed ........................................................ 58 Defence Housing Authority Act 1987 (Department of Defence)...................... 58 Quarantine Act 1908 (plant and animal) (Department of Agriculture, Fisheries and Forestry) ................................................................................... 59 1.2.4 Reviews not commenced................................................................................ 59 Anti-dumping legislation, Customs Act 1901 Part XVB and Customs Tariff (Anti-dumping) Act 1975 (Attorney-General’s Department) ................... 59 Dairy Industry Legislation (Department of Agriculture, Fisheries and Forestry)..................................................................................................
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