Mutual Recognition Act 1992 (Amendment) Regulations 1993 No. 139
EXPLANATORY STATEMENT
STATUTORY RULES 1993 No. 139
Issued by the Authority of the Minister for Consumer Affairs
Mutual Recognition Act 1992
Mutual Recognition Act 1992 (Amendment) Regulations
Section 47 of the Mutual Recognition Act 1992 (the Act) provides that the GovernorGeneral may make regulations amending the Schedules to the Act but that no such regulations may be made unless the designated person for each of the participating jurisdictions has published a notice in the official gazette of the jurisdiction setting out the terms of the proposed regulation and requesting that it be made. The provision further provides that for the purposes of the section, the designated person for a State is a Governor, for the Australian Capital Territory is the Chief Minister and for the Northern Territory is the Administrator.
Section 43 of the Act provides that for the purposes of the Act, a participating jurisdiction is:
(a) a State (other than a Territory) for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth the power to enact this Act, or that adopts this Act, under paragraph (xxxvii) of section 51 of the Commonwealth Constitution; or
(b) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that requests the Parliament of the Commonwealth to enact this Act or that enables this Act to apply in relation to it.
Prior to 25 June 1993 the participating jurisdictions are Queensland, New South Wales, the Australian Capital Territory and the Northern Territory. On 25 June 1993 the relevant Tasmanian legislation will come into force. On 1 July 1993 the relevant Victorian legislation will come into force.
By notice in the Australian Capital Territory Gazette on 24 February 1993 the Chief Minister of the Australian Capital Territory for the purposes of subsection 47(2) of the Mutual Recognition Act 1992 of the Commonwealth requested the Governor-General of the Commonwealth of Australia to make regulations in the form now presented to the Governor-General. Requests in similar form for an identical amendment from the respective Governors and Administrator were published in the Government Gazettes of Queensland on 26 February 1993, in the New South Wales Government Gazette on 26 February 1993 and in the Northern Territory of Australia Government Gazette on 26 February 1993. Original copies of the Gazette notices are annexed.
These requests arise from the fact that in preparing the Act, the Northern Territory Ozone Protection Act was inadvertently omitted from Schedule 2 of the Act at the drafting stage. This amendment remedies that omission.
Details of the proposed regulations are as follows:
Regulation 1 is formal provision providing for the citation of the regulation.
Regulation 2 adds the Ozone Protection Act of the Northern Territory at the end of Schedule 2 of the Act.
Schedule 2 of the Act provides the list of laws permanently exempted from the operation of Part 2 of the Act. Part 2 deals with goods.
Overview
The Mutual Recognition Act 1992 (Amendment) Regulations 1993 No. 139 was enacted to address an inadvertent omission in the original Mutual Recognition Act 1992. Specifically, the Northern Territory Ozone Protection Act was unintentionally excluded from Schedule 2 of the Act, which lists laws permanently exempted from the operation of Part 2, dealing with goods. This amendment was made in response to requests from the designated persons of participating jurisdictions, including the Chief Minister of the Australian Capital Territory, the Governors of Queensland and New South Wales, and the Administrator of the Northern Territory, who published notices in their respective official gazettes to rectify this oversight. The regulation aims to ensure that the intended scope of the Mutual Recognition Act is fully realised by incorporating the omitted Northern Territory legislation. The policy objective is to streamline and harmonise regulatory frameworks across jurisdictions, facilitating mutual recognition and reducing barriers to trade and commerce.
Scope and Application
The Mutual Recognition Act 1992 (Amendment) Regulations 1993 No. 139 apply to the Commonwealth of Australia and its participating jurisdictions, which include the states of Queensland, New South Wales, and Tasmania, as well as the Australian Capital Territory and the Northern Territory. These regulations are designed to amend the Mutual Recognition Act 1992 by including the Northern Territory's Ozone Protection Act in Schedule 2, which lists laws permanently exempted from Part 2 of the Act that deals with goods. The regulations come into effect following the publication of notices in the respective official gazettes of each participating jurisdiction, as required by section 47 of the Act, and subsequent to the requests made by the Chief Minister of the Australian Capital Territory, the Governors of Queensland and New South Wales, and the Administrator of the Northern Territory. The inclusion of the Ozone Protection Act in Schedule 2 corrects an oversight during the drafting of the original Act. The regulations do not extend to any territories or jurisdictions not listed in the requests, nor do they alter any other provisions of the Mutual Recognition Act 1992 beyond the specified amendment.
Key Provisions
The Mutual Recognition Act 1992 (Amendment) Regulations 1993 (No. 139) amends the Mutual Recognition Act 1992, specifically addressing an oversight in the original legislation. Regulation 2 is the primary operative section of these amendments, which adds the Northern Territory Ozone Protection Act to the end of Schedule 2 of the Act. Schedule 2 lists laws permanently exempted from the operation of Part 2 of the Act, which pertains to goods. This addition ensures that the Ozone Protection Act, which was inadvertently omitted during the drafting of the original Act, is now properly included as an exemption under the mutual recognition arrangements.
The obligations and requirements imposed by these regulations are primarily administrative. The designated persons of the participating jurisdictions, including the Governor of Queensland, the Governor of New South Wales, the Chief Minister of the Australian Capital Territory, and the Administrator of the Northern Territory, must publish notices in their respective official gazettes when proposing amendments to the Act. This process ensures transparency and collaboration among the jurisdictions involved. The regulations themselves are made under Section 47 of the Act, which mandates that no such regulations can be made unless these notices have been published. This requirement ensures that all parties have the opportunity to review and respond to proposed changes.
Breach of the provisions of the Mutual Recognition Act 1992 or its regulations can lead to various civil and criminal consequences, depending on the nature and severity of the breach. The Act itself does not explicitly outline specific offences or penalties but would generally fall under the jurisdiction of the relevant state or territory laws. The penalties for non-compliance with mutual recognition arrangements could range from fines to more severe criminal penalties, depending on the jurisdiction and the specific breach. For instance, failure to comply with environmental protection laws such as the Ozone Protection Act could result in fines or even imprisonment, as stipulated by the respective state or territory legislation.