Trans-Tasman Mutual Recognition Amendment Regulations 2003 (No. 1) 2003 No. 72
EXPLANATORY STATEMENT
Statutory Rules 2003 No. 72
Issued by the authority of the Minister for Industry, Tourism and Resources
Trans-Tasman Mutual Recognition Act 1997
Trans-Tasman Mutual Recognition Amendment Regulations 2003 (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, Tourism 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 1997 (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 which are exempt from the operation of the TTMRA as 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. The extension will 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.
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 2004. The agreement to extend the Special Exemption period for a further twelve months, is as a result of mutually agreed Cooperation Reports from the relevant Trans-Tasman regulators.
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 2003 (No. 1) were enacted to update and extend the list of goods that are exempt from the operation of the Trans-Tasman Mutual Recognition Arrangement (TTMRA). This arrangement, established under the Trans-Tasman Mutual Recognition Act 1997, aims to facilitate the sale of goods and the registration of occupations across Australia and New Zealand by recognising each other's regulatory standards. The regulations were issued under the authority of the Minister for Industry, Tourism and Resources and were developed in response to a need to allow Australia and New Zealand regulators more time to develop complementary regulatory arrangements in specified sectors. The purpose of the proposed regulations is to extend the twelve-month exemption period for certain goods, ensuring that at least two-thirds of participating jurisdictions endorsed the regulations before they were made. These amendments reflect decisions made by the heads of government and have been formally endorsed by the Commonwealth and participating jurisdictions as required by the Act.
Scope and Application
The Trans-Tasman Mutual Recognition Amendment Regulations 2003 (No. 1) applies to the sale of goods and the registration of occupations between the participating jurisdictions of Australia and New Zealand. This legislation pertains to the Trans-Tasman Mutual Recognition Arrangement (TTMRA), which is an agreement to facilitate mutual recognition of goods and occupations across the Tasman. The Act applies to entities and individuals who are involved in the sale of goods and the practice of occupations within these jurisdictions. It encompasses a broad range of industries and transactions, with the primary goal of harmonising regulatory standards between Australia and New Zealand. The jurisdictional reach of the Act includes the Commonwealth of Australia, New Zealand, and all participating Australian states and territories. However, certain goods specified or described in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997 are exempt from the operation of the TTMRA. The Act allows for the extension of these special exemptions for a further twelve months, subject to endorsement by at least two-thirds of participating jurisdictions. This extension facilitates ongoing regulatory cooperation and the development of complementary regulatory arrangements across the Tasman.
Key Provisions
The Trans-Tasman Mutual Recognition Amendment Regulations 2003 (No. 1) modify the list of goods that are exempt from the Trans-Tasman Mutual Recognition Arrangement (TTMRA) as detailed in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997 (the Act) (s 48(1)). These regulations also extend the exemption period for goods currently listed under the Special Exemptions (s 48(2)). The Minister for Industry, Tourism and Resources has the authority to amend Schedule 3, but this can only occur if at least two-thirds of the participating jurisdictions endorse the proposed changes (s 48(5)). Endorsement by the Commonwealth is also necessary, as per subsection 43(2) of the Act, which recognises the Minister's recommendation to the Governor-General as the Commonwealth's endorsement.
The regulations impose specific obligations on the participating jurisdictions to endorse the changes in their official gazettes (s 43(1)). The endorsement process requires the participating jurisdictions to agree to extend the Special Exemption period for goods, as per the mutual decisions documented in the Cooperation Reports from the relevant Trans-Tasman regulators. The regulations are designed to allow regulators in Australia and New Zealand time to develop complementary regulatory arrangements in the specified sectors. The participating jurisdictions must ensure that their endorsement aligns with the decisions made by the majority, as stipulated by subsection 48(5) of the Act.
Failure to comply with the regulations or endorse the changes as required may result in non-recognition of goods across jurisdictions, potentially affecting trade and occupation practices. Under the Act, there are no specific penalties outlined for breaches of the regulations. However, the consequences of non-compliance could include legal disputes, trade barriers, and difficulties in recognising qualifications or selling goods across the Tasman. The primary enforcement mechanism relies on the participating jurisdictions adhering to the agreement and publishing their endorsements as required by the Act.