Commonwealth Numbered Regulations - Explanatory Statements

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TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 AMENDMENT REGULATIONS 2000 (NO. 1) 2001 NO. 221

Statutory Rules 2001 No. 221

issued by the Authority of the Minister for Industry, Science and Resources

Trans-Tasman Mutual Recognition Act 1997

Trans-Tasman Mutual Recognition Act 1997 Amendment Regulations 2000 (No. 1)

The Trans-Tasman Mutual Recognition Arrangement (TTMRA) is a non-treaty agreement between the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand. The purpose of the TTMRA is to give effect to mutual recognition principles relating to the sale of goods and the registration of occupations. In respect of goods, a good that can be legally sold in Australia may be sold in New Zealand and vice versa; in respect of occupations, a person registered to practise an occupation in Australia is entitled to practise the same occupation in New Zealand and vice versa. The Minister for Industry, Science and Resources is responsible for the goods component of the TTMRA.

The Trans-Tasman Mutual Recognition Act 199 7 (the Act) provides for circumstances where the mutual recognition principle will not apply. These circumstances are covered by provisions in the Act that relate to exclusions, permanent exemptions, special exemptions and temporary exemptions.

The purpose of the regulations is to permanently exempt sections 15 and 15A of the South Australian Summary Offences Act 1953 from the operation of the TTMRA. Section 15 prohibits the sale and possession of offensive weapons and section 15A prohibits the sale and possession of body armour. The permanent exemption will bring South Australia into line with permanent exemptions already in operation in other states and territories.

Implementation of Permanent Exemption

Section 45 of the Act sets out the circumstances in which a permanent exemption may be made under the Act. Subsection 45(3) provides that the Governor-General may make regulations amending schedule 2 (Permanent Exemptions) of the Act. Subsection 45(4) provides that a regulation may not be made unless all participating jurisdictions have endorsed the regulation.

Section 43 provides that a jurisdiction endorses a regulation by publishing a notice endorsing the terms of the regulations in the jurisdiction's official gazette (ss 43(1)) and that the making of a recommendation by the Minister to the Governor-General for the making of the regulations constitutes the Commonwealth's endorsement (ss 43(2)).

Sections 15 and 15A of the South Australian Summary Offences Act 1953 have been the subject of a temporary exemption since 22 September 1999. In April 2000 the Premier of South Australia wrote to the Prime Minister seeking a permanent exemption for this legislation. An extension to the temporary exemption was made in September 2000 to allow for time to introduce the permanent exemption.

The regulations implement the decision to permanently exempt Sections 15 and 15A of the South Australian Summary Offences Act 1953 from the operation of the Trans-Tasman Mutual Recognition Act. This brings South Australian exemptions into line with those in place in other jurisdictions.

Heads of Government have agreed to the permanent exemption, as required under subsection 45(4) of the Act. Endorsement of the regulations has been published in the official gazettes of participating jurisdictions as required under subsection 43(1) of the Act. The making of these regulations represents endorsement by the Commonwealth of Australia as stated in subsection 43(2) of the Act. The Regulations commence on gazettal.