Trans-Tasman Mutual Recognition Amendment Regulations 2004 (No. 1) 2004 No. 68
EXPLANATORY STATEMENT
Statutory Rules 2004 No. 68
Issued by the authority of the Minister for Industry, Tourism and Resources
Trans-Tasman Mutual Recognition Act 1997
Trans-Tasman Mutual Recognition Amendment Regulations 2004 (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.
The Schedules to the Trans-Tasman Mutual Recognition Act 1997 (the Act) set out the exclusions and exemptions to the TTMRA. In particular, Schedule 3 provides for special exemptions for laws relating to certain goods (including therapeutic goods, hazardous substances, industrial chemicals, dangerous goods, road vehicles, gas appliances, radio communications devices and consumer product safety standards).
Subsection 48(1) of the Act provides that the laws of an Australian jurisdiction that relate to goods and that are specified or described in Schedule 3 to the Act are exempt from its operation.
Subsection 48(4) of the Act provides that the Governor-General may make regulations amending Schedule 3 to the Act.
Subsection 48(5) of the Act 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 Regulations is to extend the Special Exemption status for laws relating to goods, covered by Schedule 3 of the Act, for a further twelve months. The extension will allow Australian and New Zealand regulators to continue to develop complementary regulatory arrangements for those matters which are the subject of the current exemptions. The expiry date for regulations covered under Schedule 3 (Special Exemptions) is April 30 each year.
Extension of Special Exemptions
The laws relating to goods covered by Special Exemptions are subject to multi jurisdictional Cooperation Programs designed to resolve outstanding regulatory issues with the aim of achieving mutual recognition.
Three months before each twelve month Special Exemption period expires, the regulatory authorities responsible for pursuing Cooperation Programs submit a jointly agreed Annual Cooperation report to Heads of Government. These reports set out the progress that has been achieved over the previous year and, if relevant, provide a justification as to why a further twelve month extension to the Special Exemption period is needed. On the basis of progress achieved and the timetable for completion, Heads of Government decide whether a further twelve month Special Exemption period should be granted.
Subsection 48(2) of the Act allows laws 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 laws relating to goods listed under Schedule 3, for a further twelve month period expiring on 30 April 2005
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 2004 (No. 1) were enacted to facilitate continued cooperation between Australia and New Zealand in the regulation of goods and occupations under the Trans-Tasman Mutual Recognition Arrangement (TTMRA). The TTMRA is a non-treaty agreement designed to streamline the mutual recognition of goods and occupational registrations between the participating jurisdictions, which include the Commonwealth of Australia, New Zealand, and its constituent states and territories. The primary objective of these Regulations is to extend the Special Exemptions for certain goods for another twelve months, as stipulated in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997. This extension aims to provide additional time for the Australian and New Zealand regulators to develop and refine complementary regulatory arrangements, thereby facilitating smoother mutual recognition processes. The Regulations were endorsed by at least two-thirds of the participating jurisdictions and were issued under the authority of the Minister for Industry, Tourism and Resources. The endorsement process, as outlined in the Act, involves publishing notices in the official gazettes of the participating jurisdictions and constitutes the Commonwealth's endorsement as per subsection 43(2) of the Act.
Scope and Application
The Trans-Tasman Mutual Recognition Amendment Regulations 2004 (No. 1) pertains to the Trans-Tasman Mutual Recognition Arrangement (TTMRA), which facilitates the sale of goods and registration of occupations between Australia and New Zealand. These Regulations apply to the Commonwealth, New Zealand, and the Australian states and territories that are part of the TTMRA. The primary purpose of these Regulations is to extend the special exemption status for certain laws related to goods that are outlined in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997. This exemption is granted for an additional twelve months to allow regulators from both countries to continue developing complementary regulatory arrangements. Notably, these Regulations do not apply to laws specified under Schedule 3 of the Act, which includes categories such as therapeutic goods, hazardous substances, and dangerous goods. The extension of these special exemptions is subject to endorsement by at least two-thirds of the participating jurisdictions, and the Regulations themselves come into effect upon gazettal.
Key Provisions
The primary provisions of the Trans-Tasman Mutual Recognition Amendment Regulations 2004 (No. 1) (the Regulations) are outlined in the explanatory statement and pertain to the extension of special exemptions for laws relating to goods, which are specified in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997 (the Act). These exemptions allow certain goods to be excluded from the mutual recognition principles of the Trans-Tasman Mutual Recognition Arrangement (TTMRA) (ss 48(1) and (2)). The specific purpose of these Regulations is to extend the Special Exemption status for laws relating to goods for a further twelve months, allowing regulators to continue developing complementary regulatory arrangements (s 48(4)).
Under the Regulations, participating jurisdictions, including the Commonwealth, New South Wales, Victoria, Queensland, South Australia, Tasmania, the Australian Capital Territory, the Northern Territory, and New Zealand, are required to collaborate through multi-jurisdictional Cooperation Programs. These programs aim to resolve outstanding regulatory issues to achieve mutual recognition. Three months before the expiry of each twelve-month exemption period, regulatory authorities must submit a jointly agreed Annual Cooperation Report to the Heads of Government. These reports detail the progress made over the previous year and justify the need for a further twelve-month extension if necessary (s 43). Based on the progress and the timetable for completion, the Heads of Government decide whether to grant an additional twelve-month exemption period.
The Regulations impose obligations on the participating jurisdictions to endorse the regulations by publishing notices in their official gazettes (s 43(1)). The Commonwealth's endorsement is constituted by the Minister's recommendation to the Governor-General for the making of the regulations (s 43(2)). Additionally, the Regulations require that the endorsement of at least two-thirds of the participating jurisdictions must be obtained before the Governor-General can make the regulations (s 48(5)).
Any failure to comply with the requirements of the Regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. The specific penalties for breaches of the Regulations are not explicitly stated in the explanatory statement, but they would generally align with the penalties applicable under the Trans-Tasman Mutual Recognition Act 1997 and the relevant state or territory laws. Offences under the TTMRA may attract fines, imprisonment, or both, depending on the seriousness of the offence and the specific provisions of the Act or subordinate legislation. The maximum penalties for breaches of the Act or the Regulations would be determined by the courts based on the circumstances of each case and the relevant statutory provisions.