Trans-Tasman Mutual Recognition Amendment Regulations 2009 (No. 1)

Administered by Department of Industry, Science and Resources

Legislation au F2009L01291 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Select Legislative Instrument 2009 No. 65
 
Issued by the authority of the Minister for Innovation, Industry, Science and Research

 

Trans-Tasman Mutual Recognition Act 1997

 

Trans-Tasman Mutual Recognition Amendment Regulations 2009 (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 sold legally 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 Innovation, Industry, Science and Research is responsible for the goods component of the TTMRA.

 

The Trans-Tasman Mutual Recognition Act 1997 (the Act) recognises, within Australia, those regulatory standards adopted in New Zealand regarding goods and occupations. However, the Act also provides for circumstances where the mutual recognition principle will not apply; these circumstances are covered by provisions for exclusions, permanent exemptions, special exemptions and temporary exemptions, and are set out at Schedules 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 12 months to 30 April 2010; and

 

  • move the laws covering the sale of certain Liquefied Petroleum Gas (LPG) appliances from Schedule 3 to the Act (which provides for special exemptions for laws relating to certain goods) to Schedule 2 to the Act (which sets out legislation which is permanently exempted from the operation of the Act).

 

Schedule 3 currently sets out special exemptions for laws relating to 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 at Schedule 3 are exempt from the operation of the Act. Subsection 48(2) provides that such Special Exemptions operate for no longer than twelve months from the commencement of section 48. However, these Special Exemptions may be extended for further 12-month periods by regulation. Subsection 48(4) provides that the Governor-General may make regulations amending Schedule 3 for the purposes of extending the exemption period.

 

Extending the Special Exemption status for a further 12 months allows Australian and New Zealand regulators to continue to develop complementary regulatory arrangements for those matters which are the subject of the current exemptions.

 

However, there are a number of unresolvable issues regarding LPG appliances not tested to operate safely on universal LPG because there are differing compositions of LPG used in Australia and New Zealand. Certain LPG appliances which can operate safely on New Zealand LPG would pose an unacceptable safety risk to Australian consumers if operated on Australian LPG, and vice versa.

 

As well, cabinet heaters (being moveable, unflued, LPG fuelled heating appliances designed to be used indoors that incorporate a refillable gas container within the body of the appliance) are prohibited in Australia because of the unacceptable safety risk they pose due to their poor safety performance, the health effect of combustion products, the effect of high water content in the air giving rise to damp conditions and, because of their portability, the opportunity to use them in inappropriate locations such as bedrooms and bathrooms.

 

The Regulations convert the treatment of laws covering the sale of all LPG appliances (other than those tested and certified for safe use on universal LPG) and cabinet heaters from Special Exemption to Permanent Exemption.

 

Laws covering the sale of gas appliances not covered by the Permanent Exemption continue to be covered by the Special Exemption for a further 12 months, pending New Zealand amending its regulations for gas appliance safety.

 

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 the expiry of each 12-month Special Exemption period, the regulatory authorities responsible for pursuing the Cooperation Programs prepare Annual Cooperation Reports which set out the progress towards mutual recognition over the previous year.

 

The reports recommend and provide a justification for a further 12-month Special Exemption period or other regulatory action, such as the conversion of a Special Exemption to a Permanent Exemption.

 

In accordance with subsections 45(5)(a) and 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 cited at Schedule 3 for a further twelve month period expiring on 30 April 2010, and to make a Permanent Exemption for laws covering the sale of certain gas appliances.

 

The Regulations have the effect of implementing Heads of Government decisions in relation to the extension of Special Exemptions and the making of a Permanent Exemption. 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 prescribed 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 2009 (No. 1) were enacted to address the ongoing regulatory issues between Australia and New Zealand regarding the sale of goods and the registration of occupations under the Trans-Tasman Mutual Recognition Arrangement (TTMRA). The TTMRA is an agreement between the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand to recognise each other's regulatory standards. The Act was introduced by the Parliament of Australia to facilitate this mutual recognition, with the aim of fostering easier trade and professional mobility between the two countries. However, certain goods and occupations require special consideration due to safety and regulatory discrepancies, leading to the establishment of exemptions and special provisions within the Act. These Regulations extend the Special Exemption status for specific goods, allowing regulators more time to develop complementary arrangements, while also addressing safety concerns by permanently exempting certain gas appliances from mutual recognition.

Scope and Application

The Trans-Tasman Mutual Recognition Act 1997 applies to the mutual recognition of regulatory standards between Australia and New Zealand in relation to the sale of goods and the registration of occupations, thereby facilitating commerce and occupational mobility across both countries. The Act acknowledges the regulatory standards of each country, ensuring that goods legally sold in one country can be sold in the other and that individuals registered to practise an occupation in one country are entitled to do so in the other. However, the Act also delineates specific circumstances where mutual recognition does not apply, including provisions for exclusions, permanent exemptions, special exemptions, and temporary exemptions, which are detailed in the Act's schedules. The application of the Act extends across the Commonwealth, States, and Territories of Australia, and it is overseen by the Minister for Innovation, Industry, Science and Research. The Trans-Tasman Mutual Recognition Amendment Regulations 2009 (No. 1) further refine the Act by extending the special exemption status for certain goods for a further 12 months, while also moving the regulation of specific Liquefied Petroleum Gas (LPG) appliances from special exemptions to permanent exemptions due to unresolved safety concerns. This regulatory shift ensures that Australian and New Zealand can continue working towards mutual recognition on other matters while addressing safety issues related to LPG appliances.

Key Provisions

The Trans-Tasman Mutual Recognition Amendment Regulations 2009 (No. 1) amends the existing arrangements under the Trans-Tasman Mutual Recognition Act 1997 (the Act) by modifying the status of certain laws relating to the sale of goods. The primary operative sections of these Regulations are section 3, which extends the Special Exemption status for laws relating to certain goods, and section 4, which moves the laws covering the sale of certain Liquefied Petroleum Gas (LPG) appliances from Special Exemption to Permanent Exemption. Section 3 of the Regulations extends the Special Exemption status for laws relating to goods listed in Schedule 3 to the Act, such as therapeutic goods, radio communications devices, and hazardous substances, for a further 12 months until 30 April 2010. This extension allows for continued regulatory development and cooperation between Australian and New Zealand regulators. Section 4, however, changes the status of laws covering the sale of LPG appliances and cabinet heaters from Special Exemption to Permanent Exemption, reflecting unresolved safety issues and differing LPG compositions between the two countries. The Regulations impose obligations on regulatory authorities to pursue multi-jurisdictional Cooperation Programs aimed at resolving regulatory issues to achieve mutual recognition. These authorities are required to prepare Annual Cooperation Reports three months before the expiry of each 12-month Special Exemption period. These reports must detail the progress made towards mutual recognition and recommend further actions, such as extending the Special Exemption or converting it to a Permanent Exemption. The endorsement of the Regulations by participating jurisdictions and the Commonwealth is mandated under the Act, ensuring that the changes are formally approved and implemented. Breaches of the Trans-Tasman Mutual Recognition Act 1997 or the Regulations may lead to civil or criminal consequences, depending on the nature and severity of the breach. While the Regulations themselves do not specify penalties, the overarching Act provides a framework for enforcement. Civil penalties may be imposed for non-compliance with the Act, and in cases of serious breaches, criminal penalties could apply. The exact penalties are determined by the courts and can vary based on the specific circumstances of the offence. Additionally, parties found in breach of the Act may face other legal consequences, such as fines, injunctions, or revocation of licenses, depending on the nature and extent of the non-compliance.

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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.