Trans-Tasman Mutual Recognition Regulations 1999 (Cth)

Trans‑Tasman Mutual Recognition Regulations 1999

Statutory Rules 1999 No. 60 as amended

made under the

Trans‑Tasman Mutual Recognition Act 1997

This compilation was prepared on 18 April 2009

taking into account amendments up to SLI 2009 No. 65

Prepared by the Office of Legislative Drafting and Publishing,

Attorney‑General’s Department, Canberra

Contents

    1Name of regulations [see Note 1]

 These regulations are the Trans‑Tasman Mutual Recognition Regulations 1999.

2Commencement

 These regulations commence on 1 May 1999.

3Definition

 In these regulations:

Act means the Trans‑Tasman Mutual Recognition Act 1997.

5Extension of special exemptions

 For subsection 48 (2) of the Act, the exemption of the laws specified or described in Schedule 3 to the Act is extended until 30 April 2010.

6Amendments of Schedule 3 to the Act

 Schedule 1 amends clause 2 of Schedule 3 to the Act for subsection 48 (2) of the Act.

Schedule 1Amendments of clause 2 of Schedule 3 to the Act

(regulation 6)

  

[1]

omit

Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V

insert

Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V, to the extent that it relates to the regulation of the following goods or issues in relation to goods:

1. (i)

   Autotrend sun filters;

2. (ii)

   balloon blowing kits;

3. (iii)

   bean bags;

4. (iv)

   care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

5. (v)

   child restraints for motor vehicles;

6. (vi)

   children’s household cots;

7. (vii)

   labelling of cosmetics ingredients;

8. (viii)

   Diveman underwater breathing apparatus;

9. (ix)

   elastic luggage straps;

10. (x)

    flotation toys and swimming aids;

11. (xi)

    gas masks;

12. (xii)

    glucomannan;

13. (xiii)

    portable fire extinguishers;

14. (xiv)

    Quickie line release;

15. (xv)

    seat belt accessories;

16. (xvi)

    smokeless tobacco products;

17. (xvii)

    sunglasses and fashion spectacles;

18. (xviii)

    health warnings on tobacco products;

19. (xix)

    toys for children under 3 years old;

20. (xx)

    vehicle jacks;

21. (xxi)

    vehicle stands;

22. (xxii)

    vehicle ramps;

23. (xxiii)

    victim toys

[2]

omit

Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38

insert

Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38, to the extent that those sections relate to the regulation of the following goods or issues in relation to goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

4. (iv)

   child restraints for motor vehicles;

5. (v)

   children’s household cots;

6. (vi)

   Diveman underwater breathing apparatus;

7. (vii)

   elastic luggage straps;

8. (viii)

   flotation toys and swimming aids;

9. (ix)

   Quikfix device;

10. (x)

    sunglasses and fashion spectacles;

11. (xi)

    skimmer boxes for swimming pools;

12. (xii)

    toys for children under 3 years old

[3]

omit

Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and 61A

insert

Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and 61A, to the extent that those sections relate to the regulation of the following goods:

1. (i)

   balloon blowing kits;

2. (ii)

   children’s household cots;

3. (iii)

   Diveman underwater breathing apparatus;

4. (iv)

   gas masks;

5. (v)

   Quickie line release;

6. (vi)

   Quikfix device;

7. (vii)

   skimmer boxes for swimming pools;

8. (viii)

   toys for children under 3 years old

[4]

omit

Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A

insert

Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A, to the extent that those sections relate to the regulation of the following goods or issues in relation to goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

4. (iv)

   child restraints for motor vehicles;

5. (v)

   children’s household cots;

6. (vi)

   Diveman underwater breathing apparatus;

7. (vii)

   flotation toys and swimming aids;

8. (viii)

   portable fire extinguishers;

9. (ix)

   Quikfix device;

10. (x)

    sunglasses and fashion spectacles;

11. (xi)

    toys for children under 3 years old;

12. (xii)

    vehicle jacks;

13. (xiii)

    vehicle stands;

14. (xiv)

    vehicle ramps;

15. (xv)

    victim toys

[5]

omit

Trade Standards Act 1979 of South Australia, sections 23, 26A and 33

insert

Trade Standards Act 1979 of South Australia, sections 23, 26A and 33, to the extent that those sections relate to the regulation of the following goods or issues in relation to goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

4. (iv)

   children’s household cots;

5. (v)

   elastic luggage straps;

6. (vi)

   flotation toys and swimming aids;

7. (vii)

   sunglasses and fashion spectacles;

8. (viii)

   skimmer boxes for swimming pools;

9. (ix)

   toys for children under 3 years old;

10. (x)

    vehicle jacks;

11. (xi)

    vehicle stands;

12. (xii)

    vehicle ramps

[6]

omit

Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and 23U

insert

Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and 23U, to the extent that those sections relate to the regulation of the following goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   child restraints for motor vehicles;

4. (iv)

   children’s household cots;

5. (v)

   Diveman underwater breathing apparatus;

6. (vi)

   elastic luggage straps;

7. (vii)

   flotation toys and swimming aids;

8. (viii)

   gas masks;

9. (ix)

   glucomannan;

10. (x)

    portable fire extinguishers;

11. (xi)

    seat belt accessories;

12. (xii)

    sunglasses and fashion spectacles;

13. (xiii)

    skimmer boxes for swimming pools;

14. (xiv)

    toys for children under 3 years old;

15. (xv)

    vehicle jacks;

16. (xvi)

    victim toys

[7]

omit

Fair Trading Act 1987 of Western Australia, sections 50

and 59

insert

Fair Trading Act 1987 of Western Australia, sections 50 and 59, to the extent that those sections relate to the regulation of the following goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   child restraints for motor vehicles;

4. (iv)

   children’s household cots;

5. (v)

   Diveman underwater breathing apparatus;

6. (vi)

   elastic luggage straps;

7. (vii)

   flotation toys and swimming aids;

8. (viii)

   gas masks;

9. (ix)

   glucomannan;

10. (x)

    portable fire extinguishers;

11. (xi)

    seat belt accessories;

12. (xii)

    sunglasses and fashion spectacles;

13. (xiii)

    skimmer boxes for swimming pools;

14. (xiv)

    toys for children under 3 years old;

15. (xv)

    vehicle jacks;

16. (xvi)

    victim toys

[8]

omit

Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17

insert

Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17, to the extent that those sections relate to the regulation of the following goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   children’s household cots;

4. (iv)

   Diveman underwater breathing apparatus;

5. (v)

   gas masks;

6. (vi)

   Quikfix device

[9]

omit

Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8

insert

Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8, to the extent that those sections relate to the regulation of the following goods:

1. (i)

   balloon blowing kits;

2. (ii)

   bean bags;

3. (iii)

   children’s household cots;

4. (iv)

   Diveman underwater breathing apparatus;

5. (v)

   gas masks;

6. (vi)

   Quikfix device

[10]

omit

Consumer Affairs and Fair Trading Act 1990 of the Northern Territory, sections 25, 30 and 38

insert

Consumer Affairs and Fair Trading Act 1990 of the Northern Territory, sections 25, 30 and 38, to the extent that those sections relate to the regulation of:

1. (i)

   children’s household cots; and

2. (ii)

   skimmer boxes for swimming pools

[11]

omit

Consumer Affairs Act 1973 of the Australian Capital Territory, sections 15FBA, 15FCA, 15FB, 15FC and 15FD

insert

Consumer Affairs Act 1973 of the Australian Capital Territory, sections 15FBA, 15FCA, 15FB, 15FC and 15FD, to the extent that those sections relate to the regulation of the following goods:

1. (i)

   balloon blowing kits;

2. (ii)

   children’s household cots;

3. (iii)

   Diveman underwater breathing apparatus;

4. (iv)

   gas masks;

5. (v)

   skimmer boxes for swimming pools

Notes to the Trans‑Tasman Mutual Recognition Regulations 1999

Note 1

The Trans‑Tasman Mutual Recognition Regulations 1999 (in force under the Trans‑Tasman Mutual Recognition Act 1997) as shown in this compilation comprise Statutory Rules 1999 No. 60 amended as indicated in the Tables below.

Table of Instruments

Year and number	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1999 No. 60	16 Apr 1999	1 May 1999
2000 No. 51	19 Apr 2000	19 Apr 2000	—
2001 No. 75	20 Apr 2001	20 Apr 2001	—
2002 No. 78	18 Apr 2002	18 Apr 2002	—
2003 No. 72	28 Apr 2003	28 Apr 2003	—
2004 No. 68	19 Apr 2004	19 Apr 2004	—
2005 No. 43	24 Mar 2005 (see F2005L00736)	25 Mar 2005	—
2006 No. 79	19 Apr 2006 (see F2006L01165)	20 Apr 2006	—
2007 No. 88	16 Apr 2007 (see F2007L00999)	17 Apr 2007	—
2008 No. 59	14 Apr 2008 (see F2008L01055)	15 Apr 2008	—
2009 No. 65	17 Apr 2009 (see F2009L01291)	18 Apr 2009	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 4.........................................	rep. 2000 No. 51
R. 5.........................................	am. 2000 No. 51; 2001 No. 75; 2002 No. 78; 2003 No. 72; 2004 No. 68; 2005 No. 43; 2006 No. 79
rs. 2007 No. 88; 2008 No. 59
am. 2009 No. 65
R. 6.........................................	am. 2002 No. 78