EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 43
Issued by the authority of the Minister for Industry, Tourism and Resources
Trans-Tasman Mutual Recognition Act 1997
Trans-Tasman Mutual Recognition Amendment Regulations 2005 (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.
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; radio communications devices; road vehicles; gas appliances; and hazardous substances, industrial chemicals, and dangerous goods (including certain 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(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.
Subsection 48(4) of the Act provides that the Governor-General may make regulations amending Schedule 3 to the Act.
The purpose of the Regulations is to extend the Special Exemption status for laws relating to goods covered by Schedule 3 to 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.
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 of all participating jurisdictions. 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(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)).
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 2006.
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 are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Overview
The Trans-Tasman Mutual Recognition Amendment Regulations 2005 (No. 1), issued under the authority of the Minister for Industry, Tourism and Resources, amends the Trans-Tasman Mutual Recognition Regulations 2004 in response to the Trans-Tasman Mutual Recognition Act 1997. This legislation was enacted to facilitate the mutual recognition of goods and occupational qualifications between Australia and New Zealand, fostering economic cooperation and regulatory alignment across the Tasman Sea. The specific problem or gap addressed by the Act was the need for streamlined processes to recognise products and professional qualifications across both countries, enhancing trade and mobility without compromising safety and quality standards.
The policy objective of the 2005 Regulations is to extend the Special Exemption status for certain categories of goods, as outlined in Schedule 3 of the Act, for another twelve months. This extension allows Australian and New Zealand regulators to continue developing complementary regulatory arrangements. Such cooperation aims to resolve outstanding issues and achieve mutual recognition in areas such as therapeutic goods, radio communications devices, and hazardous substances. The Regulations reflect the decisions made by the participating jurisdictions, ensuring alignment and endorsement by at least two-thirds of these parties, as required by the Act.
Scope and Application
The Trans-Tasman Mutual Recognition Amendment Regulations 2005 (No. 1) apply to the Goods component of the Trans-Tasman Mutual Recognition Arrangement (TTMRA) between Australia and New Zealand. The TTMRA is an agreement between the Commonwealth, Australian states and territories, and New Zealand to facilitate mutual recognition of goods and occupational registrations. The Regulations extend the Special Exemption status for certain goods listed in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997, such as therapeutic goods and hazardous substances, for a further twelve months. This extension allows Australian and New Zealand regulators to continue developing complementary regulatory arrangements with the aim of achieving mutual recognition for these goods. The Regulations implement decisions by the Heads of Government of participating jurisdictions to grant a further twelve month Special Exemption period. The Regulations require endorsement by at least two-thirds of participating jurisdictions to be made, as required by the Act. The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Key Provisions
The Trans-Tasman Mutual Recognition Amendment Regulations 2005 (No. 1) pertain to the Trans-Tasman Mutual Recognition Arrangement (TTMRA), which facilitates mutual recognition between Australia and New Zealand regarding the sale of goods and the registration of occupations. These Regulations specifically address the extension of Special Exemptions for certain goods listed in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997 (the Act). The Act outlines that certain laws relating to goods, such as therapeutic goods, radio communications devices, road vehicles, gas appliances, and hazardous substances, are exempt from the operation of the TTMRA, as specified in Schedule 3 (section 48(1)). The Regulations aim to extend this exemption for a further twelve months to allow regulators from both countries to develop complementary regulatory arrangements (subsection 48(5)). This extension is crucial for ensuring that regulatory frameworks continue to evolve in alignment with mutual recognition objectives.
The obligations under the Act require participating jurisdictions to endorse regulations made under subsection 48(4) by publishing notices in their official gazettes (section 43(1)). The Commonwealth’s endorsement is considered complete upon the Minister’s recommendation to the Governor-General for the regulations' making, as stated in section 43(2). The Regulations, which received the necessary endorsements, extend the Special Exemption status for goods covered by Schedule 3 until 30 April 2006. These Regulations are part of a multi-jurisdictional effort to resolve outstanding regulatory issues through Cooperation Programs and require regulatory authorities to submit Annual Cooperation Reports three months before each exemption period expires. These reports detail progress and may justify an extension based on the need for further development of regulatory frameworks.
Breach of the provisions within the Act or failure to comply with the Regulations can lead to significant consequences. For instance, if a jurisdiction fails to endorse the Regulations as required by subsection 48(5), or if regulatory authorities do not submit the necessary Annual Cooperation Reports, it could undermine the integrity of the TTMRA. The specific penalties for non-compliance are not detailed in the text, but given the nature of the Act and the importance of regulatory alignment, penalties could potentially include legal disputes, fines, or other civil and administrative actions aimed at enforcing compliance. The overarching goal is to maintain the effectiveness of the mutual recognition framework, ensuring that both Australian and New Zealand regulators can work towards harmonising regulations for the benefit of both countries.