Commonwealth Numbered Regulations - Explanatory Statements

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TRANS-TASMAN MUTUAL RECOGNITION REGULATIONS 1999 1999 NO. 60

Explanatory Statement

Statutory Rules 1999 No. 60

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

Trans-Tasman Mutual Recognition Act 1997

Trans-Tasman Mutual Recognition Regulations 1999

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 Mating 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 only responsible for the Goods component of the TTMR.

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

Subsection 47 (4) of the Trans-Tasman Mutual Recognition Act 1997 (the Act) provides that the GovernorGeneral may make regulations for the purposes of section 47 (Temporary Exemption) 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 48 (4) provides that the Governor-General may make regulations amending Schedule 3 to the Act (Special Exemptions),

Subsections 47 (7) and 48 (5) provide that these 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).

The purpose of the regulations is to extend the exemption periods for certain electrical equipment previously exempted under Section 46; and for goods covered by Schedule 3 of the Act which relates to Special Exemptions.

Extending a Temporary Exemption

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 as stated in subsection 47 (1) of the Act, is to effect legislative or other action to implement a ministerial agreement arising out of consideration of an exemption under section 46. As set down in subsection 47 (7) of the Act, the Ministerial Council's determination must have at least two-thirds endorsement of participating jurisdictions.

Under section 46, participating jurisdictions may temporarily exempt a good for a maximum period of twelve months, substantially for the purposes of protecting the health and safety of persons in the jurisdiction, or preventing, minimising or regulating environmental pollution in the jurisdiction. Prior to the expiry of the temporary exemption period, the relevant Trans-Tasman regulators, through a Cooperation Program, must recommend to Heads of Government either a process for allowing mutual recognition or harmonisation to apply, or to permanently exempt (section 45) the good from the operation of the Act.

Appliance energy efficiency labelling has been temporarily exempted from the Trans-Tasman Mutual Recognition Act 1997. Currently, appliance energy efficiency labelling is mandatory in Australia, whereas in New Zealand this process is only voluntary. Australia's position on mandatory labelling is due to the commitments made under Australia's National Greenhouse Strategy. While New Zealand is reviewing its own position on Greenhouse emissions, no agreement is possible in the time frame covered by the Temporary Exemption.

It has been agreed by the Australia New Zealand Minerals and Energy Council (ANZAEC) to Permanently Exempt (section 45) from the Act by 30 April 2000, electrical appliances which don't comply with the mandatory energy efficiency labelling as required under Australian law. In order to implement this Ministerial decision, 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 30 April 2000. The regulations have the effect of implementing this decision. 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 represented endorsement by the Commonwealth of Australia as stated in subsection 43 (2) of the Act.

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 2000. The agreement to extend the Special Exemption period for a further twelve months, is as a result of a mutually agreed Cooperation Report 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 and extensions may be granted for a maximum of five years.

The regulations have the effect of implementing this decision. 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 1 May 1999.


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