Trans-Tasman Mutual Recognition (South Australia) Regulations 1999 (SA)
South Australia
Trans-Tasman Mutual Recognition (South Australia) Regulations 1999
under the Trans-Tasman Mutual Recognition (South Australia) Act 1999
Contents
1 Short title
3 Interpretation
4 Temporary exemptions—goods (banned electrical products)
5 Temporary exemptions—tobacco products
6 Temporary exemptions—drug paraphernalia
7 Temporary exemptions—Plastic Shopping Bags (Waste Avoidance) Act 2008
8 Temporary exemptions—energy inefficient air conditioners
9 Temporary exemptions—synthetic cannabis products
10 Temporary exemptions—further synthetic cannabis products
Legislative history
1—Short title
These regulations may be cited as the Trans-Tasman Mutual Recognition (South Australia) Regulations 1999.
3—Interpretation
In these regulations—
the Act means the Trans-Tasman Mutual Recognition (South Australia) Act 1999.
4—Temporary exemptions—goods (banned electrical products)
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, an electrical product the sale of which is prohibited by public notice given at any time under the Electrical Products Act 1988 (or any Act enacted in substitution for that Act) on the ground that the product is or is likely to become unsafe in use is declared to be exempt from the operation of the Commonwealth Act.
(2)The exemption from the Commonwealth Act of an electrical product pursuant to subregulation (1) has effect for a period beginning on the day on which the notice imposing the prohibition is published and ending—
(a)12 months later; or
(b)on the revocation of the prohibition,
whichever occurs first.
5—Temporary exemptions—tobacco products
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, tobacco products (within the meaning of the Tobacco Products Regulation Act 1997) are declared to be exempt from the operation of the Commonwealth Act.
(2)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, the Tobacco Products Regulation Act 1997 and the Tobacco Products Regulations 2004 are declared to be exempt from the operation of the Commonwealth Act.
(3)The exemptions from the Commonwealth Act under this section have effect until 10 November 2007.
6—Temporary exemptions—drug paraphernalia
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, prohibited items (within the meaning of section 9B of the Summary Offences Act 1953) are declared to be exempt from the operation of the Commonwealth Act.
(2)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, section 9B of the Summary Offences Act 1953 is declared to be exempt from the operation of the Commonwealth Act.
(3)The exemptions from the Commonwealth Act under this regulation have effect for a period of 12 months following the commencement of this regulation.
7—Temporary exemptions—Plastic Shopping Bags (Waste Avoidance) Act 2008
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, the Plastic Shopping Bags (Waste Avoidance) Act 2008 is declared to be exempt from the operation of the Commonwealth Act.
(2)The exemption from the Commonwealth Act under this regulation has effect for a period of 12 months following the commencement of this regulation.
8—Temporary exemptions—energy inefficient air conditioners
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, energy inefficient air conditioners are declared to be exempt from the operation of the Commonwealth Act.
(2)The exemption from the Commonwealth Act under this regulation has effect for a period of 12 months commencing on 1 July 2010.
(3)In this regulation—
air conditioner means an electrical product of the class defined by proclamation under section 5 of the Electrical Products Act 2000 as air conditioner—packaged or air conditioner—refrigerative;
energy inefficient air conditioner means an air conditioner that does not comply with the applicable energy performance standard under the Electrical Products Act 2000 (namely, AS/NZS 3823.2:2009 as in force as at 1 January 2010 with the modifications specified in clause 5(3) of the Electrical Products (Part 2 Declarations) Proclamation 2004).
9—Temporary exemptions—synthetic cannabis products
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, synthetic cannabis products are declared to be exempt from the operation of the Commonwealth Act.
(2)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, Part 5 of the Controlled Substances Act 1984 is declared to be exempt from the operation of the Commonwealth Act.
(3)The exemptions from the Commonwealth Act under this regulation have effect for a period of 12 months following the commencement of this regulation.
(4)In this regulation—
synthetic cannabis products means the following substances and any preparations containing 1 or more of the following substances:
(a)1-butyl-3-(1-naphthoyl)indole (JWH-073);
(b)1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8);
(c)5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP-47,497);
(d)5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (cannabicyclohexanol);
(e)1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(f)1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201);
(g)1-hexyl-3-(1-naphthoyl)indole (JWH-019);
(h)9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(i)4-methoxyphenyl(1butyl-1H-indol-3-yl)-methanone (RCS-4 (C4));
(j)1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(k)1-pentyl-3-(1-naphthoyl)indole (JWH-018);
(l)1-pentyl-3-[1-(4-methoxynaphthoyl)indole (JWH‑081);
(m)1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH‑122);
(n)1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(o)1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH‑398);
(p)1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS‑4);
(q)Pravadoline (WIN 48098).
10—Temporary exemptions—further synthetic cannabis products
(1)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, the synthetic cannabis products specified in subregulation (4) are declared to be goods to which section 15 of the Commonwealth Act applies.
(2)For the purposes of section 5 of the Act and section 46 of the Commonwealth Act, the provisions of the Controlled Substances (Controlled Drugs, Precursors and Plants) Regulations 2000 as inserted by the Controlled Substances (Controlled Drugs, Precursors and Plants) (Synthetic Cannabis) Variation Regulations 2012 are declared to be a law to which section 15 of the Commonwealth Act applies.
(3)The exemptions from the Commonwealth Act under this regulation have effect for a period of 12 months following the commencement of this regulation.
(4)The following substances and any preparation containing one or more of the following substances are specified for the purposes of subregulation (1):
(a)Benzoylindoles (not being a benzoylindole that is a synthetic cannabis product within the meaning of regulation 9);
(b)Cyclohexylphenols (not being a cyclohexylphenol that is a synthetic cannabis product within the meaning of regulation 9);
(c)Dibenzopyrans (not being a dibenzopyran that is a synthetic cannabis product within the meaning of regulation 9);
(d)4-Ethylnaphthalen-1-yl-(1-pentylindol-3-yl)methanone (JWH-210);
(e)2-(4-Methoxyphenyl)-1-(1-pentyl-1H-indol-3-yl)-ethanone (JWH-201);
(f)2-(3-Methoxyphenyl)-1-(1-pentylindol-3-yl)ethanone (JWH-302);
(g)1-[(N-methylpiperidin-2-yl)methyl]-3-(2-iodobenzoyl)indole (AM-2233);
(h)(2-Methyl-1-propyl-1H-indol-3-yl)-1-naphthalenylmethanone (JWH-015);
(i)Naphthoylindoles (not being a naphthoylindole that is a synthetic cannabis product within the meaning of regulation 9);
(j)Naphthoylpyrroles (not being a naphthoylpyrrole that is a synthetic cannabis product within the meaning of regulation 9);
(k)Naphthylmethylindenes (not being a naphthylmethylindene that is a synthetic cannabis product within the meaning of regulation 9);
(l)Naphthylmethylindoles (not being a naphthylmethylindole that is a synthetic cannabis product within the meaning of regulation 9);
(m)(1-Pentylindol-3-yl)naphthalen-1-ylmethane (JWH-175);
(n)1-Pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);
(o)Phenylacetylindoles (not being a phenylacetylindole that is a synthetic cannabis product within the meaning of regulation 9);
(p)Synthetic cannabinomimetics (not being a synthetic cannabinomimetic that is a synthetic cannabis product within the meaning of regulation 9).
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Trans-Tasman Mutual Recognition (South Australia) Regulations 1999 were revoked by Sch 1 cl 1 of the Trans-Tasman Mutual Recognition (South Australia) Regulations 2013 on 19.9.2013.
Principal regulations and variations
Year No Reference Commencement 1999 186 Gazette 23.9.1999 p1234 23.9.1999: r 2 2006 251 Gazette 9.11.2006 p3974 10.11.2006: r 2 2008 159 Gazette 5.6.2008 p2232 8.6.2008: r 2 2009 46 Gazette 30.4.2009 p1555 4.5.2009: r 2 2009 299 Gazette 16.12.2009 p6302 16.12.2009: r 2 2011 166 Gazette 23.6.2011 p2726 23.6.2011: r 2 2012 179 Gazette 19.7.2012 p3168 19.7.2012: r 2 Provisions varied
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 10.11.2006 r 5 expired: r 5(2)—omitted under Legislation Revision and Publication Act 2002 (23.9.2000) r 5 inserted by 251/2006 r 4 10.11.2006 r 6 inserted by 159/2008 r 4 8.6.2008 r 7 inserted by 46/2009 r 4 4.5.2009 r 8 inserted by 299/2009 r 4 16.12.2009 r 9 inserted by 166/2011 r 4 23.6.2011 r 10 inserted by 179/2012 r 4 19.7.2012 Historical versions
10.11.2006 8.6.2008 4.5.2009 16.12.2009 23.6.2011
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