Commonwealth Numbered Regulations - Explanatory Statements

[Index] [Search] [Download] [Related Items] [Help]


TRANS-TASMAN MUTUAL RECOGNITION AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 78

EXPLANATORY STATEMENT

Statutory Rules 2002 No. 78

Issued by the authority of the Minister for Industry, Tourism and Resources

Trans-Tasman Mutual Recognition Act 1997

Trans-Tasman Mutual Recognition Amendment Regulations 2002 (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, Tourism and Resources is responsible for the Goods component of the TTMRA.

Participating jurisdictions to this Arrangement currently are: the Commonwealth of Australia, New Zealand, the States of New South Wales, Victoria, Queensland, South Australia and Tasmania, and the Australian Capital Territory and the Northern Territory.

Subsection 48(1) of the Trans-Tasman Mutual Recognition Act 1997 (the Act) provides that goods specified or described in Schedule 3 of the Act are exempt from its operation. Subsection 48(4) provides that the Governor-General may make regulations amending Schedule 3 to the Act (Special Exemptions).

Subsection 48(5) provides that regulations made under subsection 48(4) may not be made unless at least two-thirds of participating jurisdictions have endorsed the regulations. 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)).

The purpose of the proposed regulations is to update the list of goods specified in Schedule 3 of the Act and to extend the Special Exemption status for goods covered by Schedule 3 for a further twelve months.

Extension of Special Exemptions

Subsection 48(2) of the Act allows goods which are covered by a Special Exemption under Schedule 3, to have the twelve month exemption period extended for a further twelve months. In accordance with subsection 48(5) of the Act, it has been agreed by at least two-thirds of participating jurisdictions to extend the Special Exemption for the goods listed under Schedule 3, for a further twelve month period expiring on 30 April 2003. The agreement to extend the Special Exemption period for a further twelve months, is as a result of a mutually agreed Cooperation Reports from the relevant Trans-Tasman regulators. The purpose of the extension period is to allow Australia and New Zealand regulators in the specified sectors to develop complementary regulatory arrangements across the Tasman. The expiry date for regulations covered under Schedule 3 (Special Exemption) is April 30 each year.

The regulations have the effect of implementing Heads of Government decisions in relation to the extension of Special Exemptions. Endorsements of the regulations have 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 as stated in subsection 43(2) of the Act. The Regulations commence on Gazettal.


[Index] [Related Items] [Search] [Download] [Help]