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5. STATEMENT OF COMPLIANCE WITH NATIONAL COMPETITION POLICY The National Competition Policy Agreements set out specific requirements with regard to all new legislation adopted by jurisdictions that are party to the agreements. Clause 5(1) of the Competition Principles Agreement sets out the basic principle that must be applied to both existing legislation, under the legislative review process, and to proposed legislation: The guiding principle is that legislation (including Acts, enactments, Ordinances or Regulations) should not restrict competition unless it can be demonstrated that: (a) (b) The benefits of the restriction to the community as a whole outweigh the costs; and The objectives of the regulation can only be achieved by restricting competition. Clause 5(5) provides a further obligation that: Each party will require proposals for new legislation that restricts competition to be accompanied by evidence that the restriction is consistent with the principle set out in sub-clause (1). 15 The ABCB considers that the proposals do not impede competition in any way. They do not, for example, create special requirements that can be satisfied by some particular class of engineers, builders or suppliers of building materials. In all probability, competition will be enhanced through continued reliance on performance-based regulation and the preservation of flexibility through the timely updating of compliance procedures. It follows that the proposal complies with Clause 5(1) of the Competition Principles Agreement and there is nothing that triggers the further requirements of Clause 5(5). Therefore, the proposed changes to the BCA are considered to be fully compliant with the National Competition Policy. 15 Competition Principles Agreement, Clause 5. 1995. See: www.ncc.gov.au ABCB Regulation Impact Statement (RIS 2007-03) 32
6. CONSULTATION 6.1 Consultation processes 6.1.1 ABCB Consultation Processes The ABCB is committed to regular review of the BCA and to amend and update the BCA to ensure that it meets changing community standards. To facilitate this, the ABCB maintains regular and extensive consultative relationships with a wide range of stakeholders. In particular, a continuous feedback mechanism exists and is maintained through State and Territory building control administrations, industry and the Building Codes Committee. Further, a National Technical Summit provides an annual forum for industry, government and other stakeholders to have input into the ABCB Annual Business Plan. These mechanisms ensure that opportunities for regulatory reform are identified and assessed for implementation in a timely manner. All ABCB regulatory proposals are developed in a consultative framework in accordance with the Inter-Government Agreement. Key stakeholders are identified and approached for inclusion in relevant project specific committees and working groups. Thus, all proposals have widespread industry and government involvement. The ABCB has also developed a Consultation Protocol (refer ABCB website). The Protocol explains the ABCB's philosophy of engaging constructively with the community and industry in key issues affecting buildings and describes the various consultation mechanisms available to ABCB stakeholders. 6.1.2 Standards Australia Consultation Processes It should also be noted that every new, revised or amended Australian Standard undergoes a Draft for Public Comment period, usually two or three months. All comments from the public are considered in detail by the relevant Committee and, if necessary, further drafting is undertaken. 6.2 Consultation processes for this RIS 6.2.1 Industry consultation for the development of the Consultation RIS There was no formal consultation for the purposes of developing the Consultation RIS. However, the analysts interviewed a number of practicing engineers in Queensland, South Australia, Western Australia and New South Wales. They also had several consultative sessions with members of the Standards Committee. These discussions were primarily for the purposes of understanding the proposals and gathering information. 6.2.2 Consultation process for this RIS The Consultation RIS was made available for comment through the following consultative mechanisms: ABCB Regulation Impact Statement (RIS 2007-03) 33
Page 2 and 3: © Copyright 2007 Australian Govern
Page 4 and 5: Recent reports on the management of
Page 6 and 7: TABLE OF CONTENTS EXECUTIVE SUMMARY
Page 8 and 9: These maps summarise the degree of
Page 10 and 11: • The total cost of earthquakes i
Page 12 and 13: Most building owners and occupiers
Page 14 and 15: Review of AS 1170.4 The earthquake
Page 16 and 17: • Whatever level of protection is
Page 18 and 19: • Specific design for buildings i
Page 20 and 21: Table 3.2 lists the changes, which
Page 22 and 23: • Tiered approach to design proce
Page 24 and 25: Regarding the proposal’s impact o
Page 26 and 27: 4. What proportion of 'work Put asi
Page 28 and 29: Table 4.4 provides information abou
Page 30 and 31: As discussed in section 3.2, this o
Page 32 and 33: Figure 4.2 NZ estimates of the rela
Page 34 and 35: Corresponding BCA load categories S
Page 36 and 37: Public utilities for power generati
Page 40 and 41: The RIS was posted on the ABCB webs
Page 42 and 43: To that end, the ABCB has been work
Page 44 and 45: ABCB response: The Consultation RIS
Page 46 and 47: 5. Building occupancy and emergency
Page 48 and 49: • Instead of calculating the prob
Page 50 and 51: 8. IMPLEMENTATION AND REVIEW If ap
Page 52 and 53: REFERENCES Note: all material prep
Page 54: Appendix B: Buildings containing ha

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