Trans-Tasman Mutual Recognition (Amendment of Act) Regulation 2012

Administered by Department of Industry, Science and Resources

Legislation au F2012L02422 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2012 No. 303

 

Issued by the Authority of the Minister for Industry and Innovation

 

Trans-Tasman Mutual Recognition Act 1997

 

Trans-Tasman Mutual Recognition (Amendment of Act) Regulation 2012

Purpose

The purpose of the Regulation is to permanently exempt the Firearms Regulations 1974 (WA), the Weapons Act 1999 (WA), and Weapons Regulations 1999 (WA) from the operation of the Trans-Tasman Mutual Recognition Arrangement (TTMRA) as provided for under Section 45 of the Trans-Tasman Mutual Recognition Act 1997 (the Act). 

 

The Regulation amends Clause 7 of Schedule 2 to the Act by inserting Firearms Regulations 1974, Weapons Act 1999 and Weapons Regulations 1999 after Firearms Act 1973.

 

The Regulation also repeals a number of regulations that were used to make previous amendments to the Act which have now served their purpose.  The regulations that are repealed are listed in Schedule 1 to the Regulation.

 

The Regulation is machinery in nature and will bring Western Australia’s legislation into line with permanent exemptions for weapons and firearms legislation already in place in all other participating jurisdictions.

 

Section 45 of the Act sets out the circumstances in which a permanent exemption may be made under the Act.  Subsection 45(3) provides that the Governor-General may make regulations amending Schedule 2 (Permanent Exemptions) of the Act.

 

Background

The TTMRA is a non-treaty agreement between the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand (the participating jurisdictions), which gives effect to mutual recognition principles relating to the sale of goods and the registration of occupations.  In respect of goods, a good that can be sold legally in Australia may be sold in New Zealand and vice versa.  The Minister for Industry and Innovation is responsible for administering the goods component of the TTMRA.

 

Legislation implementing the TTMRA overrides any laws that regulate the manufacture or sale of goods.  The Act does provide, however, for circumstances where the mutual recognition principle will not apply.  These circumstances are covered by provisions for exclusions, permanent exemptions, and temporary exemptions.

 

In May 2011, in accordance with Section 46 of the Act, Western Australia enacted a 12 month temporary exemption for the Firearms Regulations 1974 (WA), Weapons Act 1999 (WA) and Weapons Regulations 1999 (WA) from the provisions of the Trans-Tasman Mutual Recognition Act 2007 (WA).  The Firearms Regulations 1974 (WA) clarify the operation of the Firearms Act 1973 (WA) which provides for the control and regulation of firearms and ammunition, and the licensing of persons possessing, using, dealing with, or manufacturing firearms and ammunition.  The Weapons Act 1999 (WA) and Weapons Regulations 1999 (WA) prohibit the bringing or sending into the State, carriage, possession, purchase, sale, supply and manufacture of certain weapons and control the carriage and possession of other weapons.

 

Subsection 46(4) of the Act provides, however, that temporary exemptions may only operate for a maximum period of 12 months after which the principles of mutual recognition apply.  Western Australia’s temporary exemption lapsed in May 2012 whereupon a permanent exemption was sought.

 

Consultation

Heads of Government of the participating jurisdictions have given their unanimous agreement to the permanent exemption.

 

In November 2011, in accordance with Section 45 of the Act, Western Australia sought the agreement of the Standing Council on Police and Emergency Management (SCPEM) to permanently exempt the Firearms Regulations 1974 (WA), the Weapons Act 1999 (WA), and Weapons Regulations 1999 (WA) from the operation of the Act.  The SCPEM agreed and the SCPEM Chair wrote to the Prime Minister in December 2011 seeking the agreement of Heads of Government of participating jurisdictions to the permanent exemption. 

 

In order for the Regulation to be made, all participating jurisdictions are required to endorse the Regulation.  Section 43 of the Act provides that in order to endorse a Regulation, a jurisdiction must publish a notice endorsing the terms of the regulation in its official gazette (subsection 43(1)).

 

In accordance with the Act, the designated person for each participating jurisdiction has endorsed the Regulation and it has been published in the official gazette of all participating jurisdictions.  The making of this Regulation represents the endorsement of the Commonwealth. 

 

The Regulation implements the Heads of Government decision to permanently exempt the Firearms Regulations 1974 (WA), Weapons Act 1999 (WA), and Weapons Regulations 1999 (WA) from the operation of the Act. 

 

Regulation Impact Statement

The Office of Best Practice Regulation has advised that a Regulation Impact Statement is not required as the exemption is machinery in nature.  The reference number is 11841.

 

Statement of Compatibility with Human Rights

The Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments lists in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).  The Regulation does not engage any of the applicable rights or freedoms.

 

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The regulation commences on the day after it is registered on the Federal Register of Legislative Instruments.  It expires at the end of the day it commences.

 

Authority:  Section 45 of the Trans-Tasman Mutual Recognition Act 1997

Overview

The Trans-Tasman Mutual Recognition (Amendment of Act) Regulation 2012 was enacted to address a specific issue concerning the mutual recognition of goods and occupations between Australia and New Zealand, as stipulated in the Trans-Tasman Mutual Recognition Act 1997. This Act was established to facilitate the mutual recognition of goods and professional qualifications among the participating jurisdictions, which include the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand. However, certain regulatory frameworks, particularly those relating to firearms and weapons, were identified as requiring exemptions to maintain public safety and regulatory standards. The Regulation was issued by the Minister for Industry and Innovation under the authority of the Act, aiming to permanently exempt Western Australia's Firearms Regulations 1974, Weapons Act 1999, and Weapons Regulations 1999 from the Trans-Tasman Mutual Recognition Arrangement (TTMRA). This amendment aligns Western Australia's legislative framework with other participating jurisdictions that have already established permanent exemptions for similar legislation. The policy objective is to ensure that the regulation of firearms and weapons remains within the purview of state legislation, thereby maintaining stringent controls and public safety measures.

Scope and Application

The Trans-Tasman Mutual Recognition (Amendment of Act) Regulation 2012 applies to the Firearms Regulations 1974 (WA), the Weapons Act 1999 (WA), and Weapons Regulations 1999 (WA) to permanently exempt these pieces of legislation from the Trans-Tasman Mutual Recognition Arrangement (TTMRA). This Act aims to ensure that goods legally sold in one participating jurisdiction (Australia or New Zealand) can be sold in the other, but it allows for specific exemptions where necessary. The regulation ensures that Western Australia’s firearms and weapons legislation remains exempt from the mutual recognition principles that apply under the TTMRA, aligning with the permanent exemptions already in place in other participating jurisdictions. The Regulation extends its application across the Commonwealth, State, and Territory governments of Australia, as well as the Government of New Zealand, reflecting the trans-jurisdictional nature of the TTMRA. The Regulation is machinery in nature and does not require a Regulation Impact Statement as it does not impose new obligations or change existing legislative outcomes. Instead, it formalises the permanent exemption of specified Western Australian legislation from the TTMRA, ensuring consistency in the application of mutual recognition principles across all participating jurisdictions.

Key Provisions

The main operative sections of the Trans-Tasman Mutual Recognition (Amendment of Act) Regulation 2012 (the Regulation) amend the Trans-Tasman Mutual Recognition Act 1997 (the Act) by inserting the Firearms Regulations 1974 (WA), Weapons Act 1999 (WA), and Weapons Regulations 1999 (WA) into Schedule 2 (Permanent Exemptions) of the Act (section 45(3)). This ensures that these Western Australian laws remain exempt from the Trans-Tasman Mutual Recognition Arrangement (TTMRA), which facilitates the sale of goods and the registration of occupations between Australia and New Zealand. This amendment makes Western Australia's position on these specific regulations consistent with other participating jurisdictions that have already established permanent exemptions. The obligations imposed by the Regulation on the parties and entities it governs include the permanent exemption of the specified Western Australian legislation from the TTMRA. This means that the Firearms Regulations 1974 (WA), Weapons Act 1999 (WA), and Weapons Regulations 1999 (WA) will not be subject to the mutual recognition principles that allow the sale of goods between Australia and New Zealand. This requirement ensures that the stringent controls on firearms and weapons in Western Australia remain in place and are not overridden by the TTMRA. The Regulation also imposes procedural requirements on the participating jurisdictions. Each jurisdiction must endorse the Regulation by publishing a notice in its official gazette, as mandated by section 43 of the Act. This endorsement process ensures that all jurisdictions have formally agreed to the permanent exemption before the Regulation takes effect. Failure to comply with these requirements may result in the Regulation not being effectively endorsed, potentially undermining the legislative intent to maintain the exemption. Any breach of the Regulation could result in legal consequences. While the specific offences and penalties are not detailed in the Regulation itself, breaches of the Act generally may lead to enforcement actions by the relevant authorities. Under section 51 of the Act, a person who contravenes the Act or its regulations may be subject to penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the provisions of the relevant state or territory laws. The Regulation’s purpose is to ensure that the specified Western Australian legislation remains exempt from the TTMRA, and any failure to adhere to this requirement could lead to enforcement actions by the appropriate authorities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.