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Grey-Letter Law

Feasibility report

This report of the Commonwealth Interdepartmental Committee on quasi-regulation, was released on 9 September 1999. The Interdepartmental Committee was chaired by the Office of Regulation Review, and consisted of representatives of the Attorney-General's Department, the Australian Competition and Consumer Commmission, the Department of Industry, Science and Tourism, the Department of Prime Minister and Cabinet, the Department of Workplace Relations and Small Business, and the Treasury.

It was established to inquire into the extent of quasi-regulation, the circumstances in which quasi-regulation is a viable alternative to government regulation, essential features of successful quasi-regulation, and processes for monitoring and reviewing quasi-regulation to ensure that it is current, effective and efficient.

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Contents

Preliminaries
Cover, Acknowledgement, Contents, Abbbreviations, Preface, Summary and Recommendations

1   What is Quasi-regulation?
1.1   Introduction
1.2   What is 'regulation'?
1.3   Explicit government regulation
1.4   Self-regulation
1.5   Quasi-regulation
1.6   The relationship between explicit government regulation, self-regulation and quasi-regulation
1.7   Conclusion

2   Characteristics and Extent of Quasi-regulation
2.1   Introduction
2.2   Industry arrangements
2.3   Government initiated quasi-regulation
2.4   Trade Practices Act: authorisations and Section 87B undertakings
2.5   Extent and role of quasi-regulation
2.6   The use of Australian Standards in quasi-regulation

3   Choosing from the Regulatory Spectrum
3.1   Background
3.2   Characteristics of the principal regulatory forms
3.3   Standards
3.4   Factors relevant to choosing the best regulatory form
3.5   Checklist for choosing from the regulatory spectrum
3.6   Criteria for prescription of codes under the TPA
3.7   Transitional issues

4   Strategies to Achieve effective Quasi-regulation
4.1   Introduction
4.2   Strategies
4.3   Defamation and negligence
4.4   Conclusion

5   Monitoring and Review of Quasi-regulation
5.1   Introduction
5.2   The terms 'monitoring' and 'review'
5.3   Current levels of monitoring and review
5.4   Monitoring and review processes
5.5   Common features for adequate monitoring and review
5.6   Possible government involvement
5.7   Limits on government

APPENDICES

A   Terms of reference

B   Previous definitions relevant to quasi-regulation

C   Issues arising from consultations

References

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