Trans-Tasman Mutual Recognition Amendment Regulations 2007 (No. 1)

Administered by Department of Resources, Energy and Tourism

Legislation au F2007L00999 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2007 No. 88
 
Issued by the authority of the Minister for Industry, Tourism and Resources

 

Trans-Tasman Mutual Recognition Act 1997

 

Trans-Tasman Mutual Recognition Amendment Regulations 2007 (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, which gives 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 Trans-Tasman Mutual Recognition Act 1997 (the Act) recognises within Australia regulatory standards adopted in New Zealand regarding these goods and occupations. The Schedules to the Act set out the exclusions and exemptions to the Act. In particular, Schedule 3 to the Act 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 are exempt from the operation of the Act. Subsection 48(2) provides that such Special Exemptions under Schedule 3 operate for no longer than twelve months from the commencement of section 48; however, these Special Exemptions may be extended for up to a further twelve months by regulation. Subsection 48(4) provides that the Governor-General may make regulations amending Schedule 3 for the purposes of extending the exemption period.

 

The purpose of the Regulations is to extend the Special Exemption status for laws relating to goods covered by Schedule 3 for a further twelve months to 30 April 2008. 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 is 30 April 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 sought.

 

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 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.

 

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 2008.

 

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 Act specifies no other conditions that need to be satisfied before the power to make the Regulations may be exercised.

 

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 Act 1997 was enacted by the Australian Parliament to facilitate the mutual recognition of regulatory standards between Australia and New Zealand, particularly concerning the sale of goods and the registration of occupations. This legislation aimed to address the gap in regulatory cooperation between the two countries, allowing goods legally sold in one jurisdiction to be sold in the other and enabling professionals registered in one country to practise in the other. The policy objective was to foster trade and professional mobility while ensuring safety and quality standards were upheld. The Minister for Industry, Tourism and Resources oversees the goods component of the Trans-Tasman Mutual Recognition Arrangement (TTMRA). To implement the Act's provisions, the Trans-Tasman Mutual Recognition Amendment Regulations 2007 (No. 1) were made to extend the Special Exemption status for certain goods for another twelve months, facilitating ongoing cooperation between Australian and New Zealand regulators.

Scope and Application

The Trans-Tasman Mutual Recognition Act 1997 applies to the recognition of regulatory standards between Australia and New Zealand, facilitating the sale of goods and the registration of occupations across the two countries. The Act is applicable to the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand, and pertains to the mutual recognition of goods and occupations. Specific exclusions and exemptions to the Act are outlined in the Schedules, with Schedule 3 detailing special exemptions for certain goods such as therapeutic goods, radio communications devices, and hazardous substances. The Act allows for the extension of these Special Exemptions, which initially operate for no longer than twelve months, by regulation, subject to endorsement by at least two-thirds of the participating jurisdictions. The Trans-Tasman Mutual Recognition Amendment Regulations 2007 (No. 1) extend the Special Exemption status for the specified goods for a further twelve months, facilitating ongoing development of complementary regulatory arrangements. The Regulations, which were endorsed by the required number of jurisdictions, commenced on the day after they were registered on the Federal Register of Legislative Instruments.

Key Provisions

The Trans-Tasman Mutual Recognition Amendment Regulations 2007 (No. 1) primarily extend the Special Exemption status for certain Australian and New Zealand laws pertaining to specific goods, as outlined in Schedule 3 of the Trans-Tasman Mutual Recognition Act 1997 (the Act). This includes therapeutic goods, radio communications devices, road vehicles, gas appliances, and hazardous substances, among others (subsection 48(1)). These exemptions, which initially last for twelve months, are now extended for a further twelve months, expiring on 30 April 2008 (subsection 48(2) and (4)). This extension aims to allow regulators from both countries to continue working on achieving mutual recognition for these goods (subsection 48(2)). Under the Act, the obligations on the parties involve submitting Annual Cooperation Reports three months before the Special Exemption period expires. These reports, prepared by regulatory authorities responsible for Cooperation Programs, detail progress made in resolving outstanding regulatory issues and may justify the need for a further extension (subsection 48(5)). Heads of Government from participating jurisdictions then decide whether to seek another twelve-month extension based on the reports. This process ensures that any extensions are based on tangible progress and a clear timetable for achieving mutual recognition. Failure to adhere to the Act’s provisions could lead to legal consequences. Although the Act does not explicitly list offences or penalties, non-compliance with the requirements to report and endorse extensions may result in delays or failure to achieve mutual recognition, potentially leading to ongoing regulatory barriers. Moreover, the requirement for endorsement by at least two-thirds of participating jurisdictions (subsection 48(5)) underscores the collective commitment necessary for the effective functioning of the TTMRA, and failure to meet this requirement could undermine the regulatory cooperation efforts between Australia and New Zealand.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.