Commonwealth Numbered Regulations - Explanatory Statements

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TRANS-TASMAN MUTUAL RECOGNITION (TEMPORARY EXEMPTIONS) REGULATIONS 2000 (NO. 2) 2000 NO. 260

EXPLANATORY STATEMENT

Statutory Rules 2000 No. 260

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

Trans-Tasman Mutual Recognition Act 1997

Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations 2000 (No. 2)

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 1997 (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 extend the temporary exemption period for section 15 (to the extent that it deals with items other than firearms) and section 15A of the South Australian Summary Offences Act 1953. Section 15 prohibits the sale and possession of offensive weapons and section 15A prohibits the sale and possession of body armour. The extension of the temporary exemption is required to allow time for legislative action to be taken to permanently exempt this legislation from the operation of the Act and bring South Australia into line with permanent exemptions already in operation in other states and territories.

Extension of temporary exemptions

Subsection 47(4) of the Act provides that the Governor-General may make regulations for the purposes of section 47 but that any such regulations may only be made if they have the effect of continuing or reviving wholly or partly an exemption under section 46 of the Act.

Subsection 47(7) provides that regulations 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)).

Regulations made under subsection 47(4) of the Act may have the effect of extending the exemption period of a good that has been previously exempted under section 46 (Temporary Exemptions) of the Act. The purpose of the extension period, which is for a maximum of twelve months, (ss 47(1)), is to effect legislative or other action to implement a ministerial agreement arising out of consideration of an exemption under section 46.

Section 15 (to the extent that it deals with items other than firearms) and section 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. The purpose of the permanent exemption is to bring South Australian exemptions into line with those in place in other jurisdictions. Heads of Government from all participating jurisdictions have advised the Prime Minister of their agreement to the permanent exemption. However, not all jurisdictions will be in a position to endorse the permanent exemption, as required under subsection 45(4), prior to the expiration of the South Australian temporary exemption. Therefore, the purpose of the regulations is to extend the operation of the existing South Australian temporary exemption to allow time for legislative action to be taken to implement the decision to permanently exempt Section 15 (to the extent that it deals with items other than firearms) and section 15A of the South Australian Summary Offences Act 1953.

Heads of Government have agreed by at least a two-thirds majority as required under subsection 47(7) of the Act, to extend the temporary exemption until 22. September 2001. 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.


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