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TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 42 OF 2010)
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, which gives 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 sold legally 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 Innovation, Industry, Science and Research (the Minister) is responsible for the goods component of the TTMRA.
The Trans-Tasman Mutual Recognition Act 1997 (the Act) recognises, within Australia, those regulatory standards adopted in New Zealand regarding goods and occupations. However, the Act also provides for circumstances where the mutual recognition principle will not apply; these circumstances are covered by provisions for exclusions, permanent exemptions, special exemptions and temporary exemptions; permanent exemptions and special exemptions are set out at Schedules to the Act.
The purpose of the Regulations is to permanently exempt from the operation of the Act section 9B of the South Australian Summary Offences Act 1953 (SA section 9B). SA section 9B prohibits the sale of drug paraphernalia known colloquially as bongs, ice pipes, hash pipes, cocaine kits, hookahs, shishas and ghalyans.
On 8 June 2008, South Australia made regulations to temporarily exempt SA section 9B from the operation of the Act in order that SA section 9B would remain enforceable. However, subsection 46(4) of the Act provides that temporary exemptions operate for a maximum period of 12 months. South Australia then sought the agreement of the Ministerial Council on Drug Strategy (MCDS) to permanently exempt SA section 9B from the operation of the Act. The MCDS agreed, and the MCDS Chair sought the agreement of the Council of Australian Governments to the permanent exemption. The proposal has been supported unanimously by all participating jurisdictions.
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 of the Act provides that a jurisdiction endorses a regulation by publishing a notice endorsing the terms of the regulations in the jurisdiction’s official gazette (subsection 43(1) refers) 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 (subsection 43(2) refers).
The Regulations have the effect of implementing Heads of Government decisions. The designated person for each participating jurisdiction has endorsed the Regulations and they have been published in the official gazettes of all participating jurisdictions as required under subsection 43(1) of the Act. All participating jurisdictions have endorsed the Regulations as required under subsection 45(4) of the Act.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.