Trans‑Tasman Mutual Recognition Act 1997
No. 190, 1997
Compilation No. 31
Compilation date: 21 March 2026
Includes amendments: F2026L00306
About this compilation
This compilation
This is a compilation of the Trans-Tasman Mutual Recognition Act 1997 that shows the text of the law as amended and in force on 21 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Principal purpose
4 Interpretation
5 Operation of this Act in relation to the Commonwealth
6 Operation of this Act in relation to the States
7 Operation of this Act in relation to New Zealand
8 Crown bound
Part 2—Goods
9 Trans‑Tasman mutual recognition principle
10 Entitlement to sell goods
11 Requirements that do not need to be complied with
12 Requirements that do need to be complied with
13 Defences to offences regarding sale
14 Goods that comply with local law
Part 3—Occupations
Division 1—Preliminary
15 Trans‑Tasman mutual recognition principle
16 Entitlement to carry on occupation
17 Application of this Part
Division 2—Entitlement to registration
18 Notification to local registration authority
19 Entitlement to registration and continued registration
20 Action following notice
21 Postponement of registration
22 Refusal of registration
23 Notification of decision
Division 3—Interim arrangements
24 Deemed registration
25 Duration of deemed registration
26 Activities under deemed registration
Division 4—Equivalent occupations
27 Equivalent occupations
28 General principle
29 Declarations as to equivalent occupations
30 Declarations by Australian Tribunal
31 Declarations by Ministers
Division 5—General…
Overview
The Trans-Tasman Mutual Recognition Act 1997 was enacted by the Parliament of Australia to facilitate the recognition of regulatory standards adopted in New Zealand regarding goods and occupations within Australia. The legislation was authorised by the Parliaments of States under paragraph (xxxvii) of section 51 of the Commonwealth Constitution and requested by the legislatures of the Australian Capital Territory and the Northern Territory. It was enacted in response to the Trans-Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth of Australia, New Zealand, and the participating Australian jurisdictions. The principal purpose of the Act is to enable the mutual recognition of regulatory standards between Australia and New Zealand, thereby facilitating trade and the movement of professionals across the Tasman Sea. The Act operates to provide a framework for recognising New Zealand's regulatory standards in Australia, subject to certain exceptions and exclusions designed to protect public health, safety, and the environment.
Scope and Application
The Trans-Tasman Mutual Recognition Act 1997 applies to the Commonwealth, New Zealand, and the states and territories of Australia. The Act facilitates the mutual recognition of regulatory standards between Australia and New Zealand concerning goods and occupations. For goods, the Act allows goods produced or imported into New Zealand to be sold in Australia without additional compliance with Australian regulatory standards, provided they meet the standards set in New Zealand. However, this principle does not affect Australian laws that regulate the manner of sale, transportation, storage, or inspection of goods, especially those related to health, safety, or environmental protection. For occupations, the Act allows individuals registered in New Zealand to carry on equivalent occupations in Australia, subject to notification and registration with Australian authorities. The Act includes provisions for deemed registration, disciplinary actions, and the review of decisions by registration authorities. It also provides for the exchange of information between Australian and New Zealand authorities and sets out privacy principles for personal information collected under the Act. Certain laws are excluded or exempted from the operation of the Act, including those related to customs controls, intellectual property, and specific regulatory areas such as quarantine, endangered species, and hazardous substances. The Act allows for temporary exemptions to facilitate the implementation of ministerial agreements and sets out procedures for amending the schedules that list excluded and exempt laws.
Key Provisions
- The Trans-Tasman Mutual Recognition Act 1997 (C2004A05284) provides for the recognition of regulatory standards between Australia and New Zealand regarding goods and occupations. The Act establishes the Trans-Tasman mutual recognition principle, which allows goods produced or imported into New Zealand to be sold in Australia and enables New Zealand-registered individuals to carry on equivalent occupations in Australia, subject to certain conditions.
- The key provisions of the Act include:
- - **Main Operative Sections**: Section 9 establishes the mutual recognition principle for goods, permitting New Zealand-produced or imported goods to be sold in Australia without further compliance with Australian requirements (subject to exceptions). Section 15 outlines the principle for occupations, allowing New Zealand-registered individuals to be registered in Australia and carry on equivalent occupations, subject to certain conditions.
- - **Obligations and Requirements**: Section 10 grants entitlement to sell goods, while Section 11 specifies that certain requirements, such as those relating to product standards, presentation, and inspection, do not need to be complied with. Section 18 allows individuals to seek registration by notifying local registration authorities and providing necessary documentation. Section 24 provides for deemed registration pending substantive registration, and Section 26 permits activities under this deemed registration, subject to conditions.
- - **Offences, Penalties, and Consequences**: The Act does not specify explicit criminal or civil penalties for breaches of its provisions. However, individuals who sell non-compliant goods or carry on occupations without proper registration could face legal action under state or territory laws. For example, under state laws, selling non-compliant goods could result in fines or other civil penalties. Disciplinary actions, such as suspension or cancellation of registration, may be taken against individuals who breach professional standards, as outlined in Section 32.
- In summary, the Trans-Tasman Mutual Recognition Act 1997 facilitates the recognition of regulatory standards between Australia and New Zealand for goods and occupations, subject to certain exceptions and conditions, with enforcement of compliance primarily occurring under state or territory laws.
- Area of Law
- Commercial Law
- International Trade Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Licensing & Registration
- Regulatory Standards
- Review & Sunset Clauses
- Transitional Provisions
