Trans-Tasman Mutual Recognition Amendment Regulations 2000 (No.1) 2000 No. 51
Explanatory Statement
Statutory Rules 2000 No. 51
Issued by the authority of the Minister for Industry, Science and Resources
Trans- Tasman Mutual Recognition Act 199 7
Trans-Tasman Mutual Recognition Amendment Regulations 2000 (No. 1)
The Trans-Tasman Mutual Recognition Arrangement (TTMRA) is a non-treaty agreement between the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand.
The purpose of the TTMRA is to give 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 legally sold in Australia may be sold in New Zealand and vice versa; in respect of occupations, a person registered to practise an occupation in Australia is entitled to practise the same occupation in New Zealand and vice versa. The Minister for Industry, Science and Resources is only responsible for the Goods component of the TTMRA.
Participating jurisdictions to this Arrangement currently, are: the Commonwealth of Australia, New Zealand, the States of New South Wales, Victoria, Queensland, South Australia and Tasmania, and the Australian Capital Territory and the Northern Territory.
Subsection 48(4) provides that the Governor-General may make regulations amending Schedule 3 to the Act (Special Exemptions).
Subsection 48(5) provides that regulations made under subsection 48(4) may not be made unless at least two-thirds of participating jurisdictions have endorsed the regulations. Section 43 provides that a jurisdiction endorses a regulation by publishing a notice endorsing the terms of the regulations in the jurisdiction's official gazette (ss 43 (1)) and that the making of a recommendation by the Minister to the Governor-General for the making of the regulations constitutes the Commonwealth's endorsement (ss 43(2)).
The purpose of the amendment regulations is to extend the Special Exemption status for goods covered by Schedule 3 of the Act.
Extension of Special Exemptions
Subsection 48(2) of the Act allows goods which are covered by a Special Exemption under Schedule 3, to have the twelve month exemption period extended for a further twelve months. In accordance with subsection 48(5) of the Act, it has been agreed by at least two-thirds of participating jurisdictions to extend the Special Exemption for the goods listed under Schedule 3, for a further twelve month period expiring on 30 April 2001. The agreement to extend the Special Exemption period for a further twelve months, is as a result of a mutually agreed Cooperation Report from the relevant Trans-Tasman regulators. The purpose of the extension period is to allow Australia and New Zealand regulators in the specified sectors to develop complementary regulatory arrangements across the Tasman. The expiry date for regulations covered under Schedule 3 (Special Exemption) is April 30 each year and extensions may be granted for a maximum of five years.
The regulations have the effect of implementing Heads of Government decisions in relation to the extension of Special Exemptions.. Endorsements of the regulations have been published in the official gazettes of participating jurisdictions as required under subsection 43(1) of the Act. The making of these regulations represents endorsement by the Commonwealth as stated in subsection 43(2) of the Act.
The Regulations commence on Gazettal.
Overview
The Trans-Tasman Mutual Recognition Amendment Regulations 2000 (No. 1) were enacted in 2000 to amend the Trans-Tasman Mutual Recognition Act 1997. This legislation, issued by the authority of the Minister for Industry, Science and Resources, seeks to facilitate the ease of trade and professional mobility between Australia and New Zealand by extending the Special Exemption period for goods and occupations under the Trans-Tasman Mutual Recognition Arrangement (TTMRA). The Act aims to ensure that goods legally sold in one country can be sold in the other, and that professionals registered in one jurisdiction can practise in the other, thereby promoting mutual recognition principles. These regulations were necessary to allow regulators in specific sectors in Australia and New Zealand additional time to develop complementary regulatory frameworks. The amendments were endorsed by at least two-thirds of participating jurisdictions and are intended to support the ongoing alignment and cooperation between the two countries in the regulated sectors.
Scope and Application
The Trans-Tasman Mutual Recognition Amendment Regulations 2000 (No. 1) amends the Trans-Tasman Mutual Recognition Act 1997, specifically extending the Special Exemption status for certain goods listed under Schedule 3. This legislation applies to the participating jurisdictions which include the Commonwealth of Australia, New Zealand, and various Australian states and territories. The primary focus of these regulations is to allow a further twelve-month period for the Special Exemptions, ensuring that goods which are legally sold in one jurisdiction can also be sold in the other without immediate full compliance with all regulatory requirements, provided this does not exceed a cumulative period of five years. The endorsement of these regulations by at least two-thirds of the participating jurisdictions, as mandated by the Act, signifies a mutual agreement to facilitate regulatory alignment between Australia and New Zealand in specified sectors. These regulations implement the decisions of the Heads of Government and are effective from the date of their gazette publication.
Key Provisions
The Trans-Tasman Mutual Recognition Amendment Regulations 2000 (No.1) are a set of regulations made under the Trans-Tasman Mutual Recognition Act 1997. These regulations, particularly in sections 48(2) and 48(5), allow for the extension of the twelve-month exemption period for goods that are covered by a Special Exemption under Schedule 3 of the Act. These extensions are permitted for a further twelve months, bringing the total exemption period to twenty-four months, provided that at least two-thirds of the participating jurisdictions endorse the regulations. This endorsement process is detailed in section 43 of the Act, where jurisdictions endorse the regulations by publishing notices in their official gazettes, and the Commonwealth's endorsement is indicated by the Minister's recommendation to the Governor-General.
The obligations imposed by these regulations primarily concern the participating jurisdictions, which include the Commonwealth of Australia, the states of New South Wales, Victoria, Queensland, South Australia, and Tasmania, as well as the Australian Capital Territory and the Northern Territory, along with New Zealand. These jurisdictions are required to endorse the regulations by publishing notices in their official gazettes as outlined in section 43(1) of the Act. The Commonwealth's endorsement is achieved through the Minister's recommendation to the Governor-General, as specified in section 43(2). Furthermore, the regulations necessitate the development of complementary regulatory arrangements between Australia and New Zealand regulators in the specified sectors, which is intended to facilitate the mutual recognition of goods and occupations across the Tasman.
In terms of potential breaches and consequences, the Act does not specify particular offences, penalties, or civil/criminal consequences for non-compliance with the regulations. However, the importance of these regulations lies in their role in implementing Heads of Government decisions and maintaining the integrity of the Trans-Tasman Mutual Recognition Arrangement. Failure to properly endorse and implement these regulations could undermine the cooperative regulatory framework established by the TTMRA, potentially leading to complications in the mutual recognition process for goods and occupations. The regulations are designed to ensure that participating jurisdictions work together effectively, and any significant deviations could impact the seamless operation of the TTMRA.