Trans-Tasman Mutual Recognition Amendment Regulations 2001 (No. 1) 2001 No. 75
EXPLANATORY STATEMENT
Statutory Rules 2001 No. 75
Issued by the authority of the Minister for Industry, Science and Resources
Trans-Tasman Mutual Recognition Act 1997
Trans-Tasman Mutual Recognition Amendment Regulations 2001 (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 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(1) of the Trans-Tasman Mutual Recognition Act 199 7 (the Act) provides that goods specified or described in Schedule 3 of the Act are exempt from its operation. 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 proposed regulations is to update the list of goods specified in Schedule 3 of the Act and to extend the Special Exemption status for goods covered by Schedule 3 for a further twelve months.
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 2002. The agreement to extend the Special Exemption period for a further twelve months, is as a result of a mutually agreed Cooperation Reports 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.
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 2001 (No. 1) were enacted in 2001 to address the need for updating and extending the Special Exemptions list for goods under the Trans-Tasman Mutual Recognition Act 1997. This Act facilitates the mutual recognition of goods and occupational registrations between Australia and New Zealand, aiming to streamline trade and occupational mobility across the Tasman Sea. The regulations were issued under the authority of the Minister for Industry, Science and Resources and were made in accordance with the endorsement of at least two-thirds of the participating jurisdictions, including the Commonwealth of Australia, New Zealand, and several Australian states and territories. The primary objective of these regulations is to update the list of goods exempt from the operation of the Act and to extend the exemption period for these goods by another twelve months, facilitating the development of complementary regulatory arrangements by Trans-Tasman regulators.
Scope and Application
The Trans-Tasman Mutual Recognition Amendment Regulations 2001 (No. 1) relate to the Trans-Tasman Mutual Recognition Arrangement (TTMRA), a non-treaty agreement between Australia and New Zealand aimed at facilitating mutual recognition of goods and occupational registrations. The Act applies to the Commonwealth of Australia, New Zealand, and the Australian states and territories that are part of the TTMRA, including New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory. These regulations are concerned with the goods specified in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997, which are exempt from the operation of the Act, and extend the exemption period for these goods for a further twelve months. The proposed amendments to the list of goods in Schedule 3 and the extension of the Special Exemption period for these goods are subject to endorsement by at least two-thirds of the participating jurisdictions. This endorsement is necessary to comply with the requirements of the Act, which also stipulates that the Governor-General may make regulations amending Schedule 3, provided these regulations are endorsed by the required number of jurisdictions and published in their official gazettes. The Minister for Industry, Science and Resources has a key role in recommending regulations to the Governor-General for the Commonwealth's endorsement.
Key Provisions
The Trans-Tasman Mutual Recognition Amendment Regulations 2001 (No. 1) (the Regulations) amend the list of goods specified in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997 (the Act) and extend the Special Exemption status for these goods for a further twelve months. Under section 48(2) of the Act, the Special Exemption status allows for the goods listed in Schedule 3 to have their exemption period extended for an additional twelve months. The Regulations provide that the twelve month exemption period for goods listed in Schedule 3 will be extended until 30 April 2002, provided that at least two-thirds of participating jurisdictions endorse the regulations. These jurisdictions include 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. Endorsements of the regulations have been published in the official gazettes of participating jurisdictions as required under section 43(1) of the Act.
The Regulations impose certain obligations and requirements on the parties or entities they govern. Firstly, the Minister for Industry, Science and Resources is responsible for the Goods component of the Trans-Tasman Mutual Recognition Arrangement. Secondly, at least two-thirds of participating jurisdictions must endorse the regulations before they can be made. The Commonwealth’s endorsement is given by the Minister making a recommendation to the Governor-General for the making of the regulations, as stated in section 43(2) of the Act. Thirdly, the Regulations provide for the extension of the Special Exemption status for goods listed in Schedule 3 for a further twelve months.
There are no offences, penalties, or civil/criminal consequences specified in the Regulations for breach. However, failure to comply with the requirements of the Regulations could result in a breach of the Trans-Tasman Mutual Recognition Arrangement and potential legal consequences for the parties or entities involved. The Regulations provide for the extension of the Special Exemption status for goods listed in Schedule 3 for a further twelve months, and it is important that all parties and entities comply with the requirements of the Regulations to ensure the continued operation of the Trans-Tasman Mutual Recognition Arrangement.