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TRANS-TASMAN MUTUAL RECOGNITION (MODIFICATION OF ACT) REGULATIONS 2010 (NO. 1) (SLI NO 72 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, and are set out at Schedules to the Act.
The purpose of the Regulations is to convert the treatment of the laws prescribed at Schedule 3 to the Act (which provides for special exemptions for laws relating to certain goods) to Schedule 2 to the Act (which sets out legislation which is permanently exempted from the operation of the Act).
Schedule 3 set out special exemptions for laws relating to therapeutic goods; radio communications devices; road vehicles; gas appliances; and hazardous substances, industrial chemicals, and dangerous goods (including certain consumer product safety standards).
Heads of government of participating jurisdictions consider that the conversion of the special exemptions to permanent exemptions will result in significant administrative savings for all participating jurisdictions. The conversion will dispense with the need to make fresh regulations annually to maintain the special exemptions, and it is considered that the Regulations will not prevent continued Trans-Tasman collaboration in the pursuit of regulatory harmonisation or mutual recognition. The attached Regulation Impact Statement was prepared by the Department of the Prime Minister and Cabinet.
Subsection 45 (3) of the Act prescribes that the Governor-General may make regulations amending Schedule 2. Paragraph 45 (5)(a) provides that, if such a regulation relates solely to one or more laws specified or described in Schedule 3 and will not take effect within 5 years after the commencement of section 48, the regulation may be made if at least two-thirds of the then participating jurisdictions have endorsed the regulation.
In accordance with paragraph 45 (5)(a) of the Act, it has been agreed by at least two-thirds of participating jurisdictions to make a Permanent Exemption for the laws prescribed at Schedule 3.
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 prescribed in subsection 43(2) 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.