Trans-Tasman Mutual Recognition Regulations 1999

Administered by Department of Industry, Science and Resources

Legislation au F1999B00061 Regulations Not in force Legislative Instrument

Legislation content

Trans‑Tasman Mutual Recognition Regulations 1999

Statutory Rules 1999 No. 60 as amended

made under the

Trans‑Tasman Mutual Recognition Act 1997

This compilation was prepared on 18 April 2009
taking into account amendments up to SLI 2009 No. 65

Prepared by the Office of Legislative Drafting and Publishing,
AttorneyGeneral’s Department, Canberra

Contents

 1 Name of regulations [see Note 1]

 2 Commencement 

 3 Definition 

 5 Extension of special exemptions 

 6 Amendments of Schedule 3 to the Act 

Schedule 1 Amendments of clause 2 of Schedule 3 to the Act 

Notes   

 

 

 

1 Name of regulations [see Note 1]

  These regulations are the TransTasman Mutual Recognition Regulations 1999.

2 Commencement

  These regulations commence on 1 May 1999.

3 Definition

  In these regulations:

Act means the TransTasman Mutual Recognition Act 1997.

5 Extension of special exemptions

  For subsection 48 (2) of the Act, the exemption of the laws specified or described in Schedule 3 to the Act is extended until 30 April 2010.

6 Amendments of Schedule 3 to the Act

  Schedule 1 amends clause 2 of Schedule 3 to the Act for subsection 48 (2) of the Act.

Schedule 1 Amendments of clause 2 of Schedule 3 to the Act

(regulation 6)

 

[1]

omit

Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V

insert

Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V, to the extent that it relates to the regulation of the following goods or issues in relation to goods:

 (i) Autotrend sun filters;

 (ii) balloon blowing kits;

 (iii) bean bags;

 (iv) care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

 (v) child restraints for motor vehicles;

 (vi) children’s household cots;

 (vii) labelling of cosmetics ingredients;

 (viii) Diveman underwater breathing apparatus;

 (ix) elastic luggage straps;

 (x) flotation toys and swimming aids;

 (xi) gas masks;

 (xii) glucomannan;

 (xiii) portable fire extinguishers;

 (xiv) Quickie line release;

 (xv) seat belt accessories;

 (xvi) smokeless tobacco products;

 (xvii) sunglasses and fashion spectacles;

 (xviii) health warnings on tobacco products;

 (xix) toys for children under 3 years old;

 (xx) vehicle jacks;

 (xxi) vehicle stands;

 (xxii) vehicle ramps;

 (xxiii) victim toys

[2]

omit

Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38

insert

Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38, to the extent that those sections relate to the regulation of the following goods or issues in relation to goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

 (iv) child restraints for motor vehicles;

 (v) children’s household cots;

 (vi) Diveman underwater breathing apparatus;

 (vii) elastic luggage straps;

 (viii) flotation toys and swimming aids;

 (ix) Quikfix device;

 (x) sunglasses and fashion spectacles;

 (xi) skimmer boxes for swimming pools;

 (xii) toys for children under 3 years old

[3]

omit

Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and 61A

insert

Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and 61A, to the extent that those sections relate to the regulation of the following goods:

 (i) balloon blowing kits;

 (ii) children’s household cots;

 (iii) Diveman underwater breathing apparatus;

 (iv) gas masks;

 (v) Quickie line release;

 (vi) Quikfix device;

 (vii) skimmer boxes for swimming pools;

 (viii) toys for children under 3 years old

[4]

omit

Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A

insert

Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A, to the extent that those sections relate to the regulation of the following goods or issues in relation to goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

 (iv) child restraints for motor vehicles;

 (v) children’s household cots;

 (vi) Diveman underwater breathing apparatus;

 (vii) flotation toys and swimming aids;

 (viii) portable fire extinguishers;

 (ix) Quikfix device;

 (x) sunglasses and fashion spectacles;

 (xi) toys for children under 3 years old;

 (xii) vehicle jacks;

 (xiii) vehicle stands;

 (xiv) vehicle ramps;

 (xv) victim toys

[5]

omit

Trade Standards Act 1979 of South Australia, sections 23, 26A and 33

insert

Trade Standards Act 1979 of South Australia, sections 23, 26A and 33, to the extent that those sections relate to the regulation of the following goods or issues in relation to goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) care labelling of clothing, household textiles, furnishings, upholstered furniture, bedding, piece goods and yarns;

 (iv) children’s household cots;

 (v) elastic luggage straps;

 (vi) flotation toys and swimming aids;

 (vii) sunglasses and fashion spectacles;

 (viii) skimmer boxes for swimming pools;

 (ix) toys for children under 3 years old;

 (x) vehicle jacks;

 (xi) vehicle stands;

 (xii) vehicle ramps

[6]

omit

Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and 23U

insert

Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and 23U, to the extent that those sections relate to the regulation of the following goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) child restraints for motor vehicles;

 (iv) children’s household cots;

 (v) Diveman underwater breathing apparatus;

 (vi) elastic luggage straps;

 (vii) flotation toys and swimming aids;

 (viii) gas masks;

 (ix) glucomannan;

 (x) portable fire extinguishers;

 (xi) seat belt accessories;

 (xii) sunglasses and fashion spectacles;

 (xiii) skimmer boxes for swimming pools;

 (xiv) toys for children under 3 years old;

 (xv) vehicle jacks;

 (xvi) victim toys

[7]

omit

Fair Trading Act 1987 of Western Australia, sections 50
and 59

insert

Fair Trading Act 1987 of Western Australia, sections 50 and 59, to the extent that those sections relate to the regulation of the following goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) child restraints for motor vehicles;

 (iv) children’s household cots;

 (v) Diveman underwater breathing apparatus;

 (vi) elastic luggage straps;

 (vii) flotation toys and swimming aids;

 (viii) gas masks;

 (ix) glucomannan;

 (x) portable fire extinguishers;

 (xi) seat belt accessories;

 (xii) sunglasses and fashion spectacles;

 (xiii) skimmer boxes for swimming pools;

 (xiv) toys for children under 3 years old;

 (xv) vehicle jacks;

 (xvi) victim toys

[8]

omit

Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17

insert

Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17, to the extent that those sections relate to the regulation of the following goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) children’s household cots;

 (iv) Diveman underwater breathing apparatus;

 (v) gas masks;

 (vi) Quikfix device

[9]

omit

Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8

insert

Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8, to the extent that those sections relate to the regulation of the following goods:

 (i) balloon blowing kits;

 (ii) bean bags;

 (iii) children’s household cots;

 (iv) Diveman underwater breathing apparatus;

 (v) gas masks;

 (vi) Quikfix device

[10]

omit

Consumer Affairs and Fair Trading Act 1990 of the Northern Territory, sections 25, 30 and 38

insert

Consumer Affairs and Fair Trading Act 1990 of the Northern Territory, sections 25, 30 and 38, to the extent that those sections relate to the regulation of:

 (i) children’s household cots; and

 (ii) skimmer boxes for swimming pools

[11]

omit

Consumer Affairs Act 1973 of the Australian Capital Territory, sections 15FBA, 15FCA, 15FB, 15FC and 15FD

insert

Consumer Affairs Act 1973 of the Australian Capital Territory, sections 15FBA, 15FCA, 15FB, 15FC and 15FD, to the extent that those sections relate to the regulation of the following goods:

 (i) balloon blowing kits;

 (ii) children’s household cots;

 (iii) Diveman underwater breathing apparatus;

 (iv) gas masks;

 (v) skimmer boxes for swimming pools

Notes to the Trans‑Tasman Mutual Recognition Regulations 1999

Note 1

The TransTasman Mutual Recognition Regulations 1999 (in force under the TransTasman Mutual Recognition Act 1997) as shown in this compilation comprise Statutory Rules 1999 No. 60 amended as indicated in the Tables below.

Table of Instruments

Year and
number

Date of notification
in Gazette or FRLI registration

Date of
commencement

Application, saving or
transitional provisions

1999 No. 60

16 Apr 1999

1 May 1999

 

2000 No. 51

19 Apr 2000

19 Apr 2000

2001 No. 75

20 Apr 2001

20 Apr 2001

2002 No. 78

18 Apr 2002

18 Apr 2002

2003 No. 72

28 Apr 2003

28 Apr 2003

2004 No. 68

19 Apr 2004

19 Apr 2004

2005 No. 43

24 Mar 2005 (see F2005L00736)

25 Mar 2005

2006 No. 79

19 Apr 2006 (see F2006L01165)

20 Apr 2006

2007 No. 88

16 Apr 2007 (see F2007L00999)

17 Apr 2007

2008 No. 59

14 Apr 2008 (see F2008L01055)

15 Apr 2008

2009 No. 65

17 Apr 2009 (see F2009L01291)

18 Apr 2009

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

R. 4.................

rep. 2000 No. 51

R. 5.................

am. 2000 No. 51; 2001 No. 75; 2002 No. 78; 2003 No. 72; 2004 No. 68; 2005 No. 43; 2006 No. 79

 

rs. 2007 No. 88; 2008 No. 59

 

am. 2009 No. 65

R. 6.................

am. 2002 No. 78

 

 

Overview

The Trans‑Tasman Mutual Recognition Regulations 1999 were introduced under the Trans‑Tasman Mutual Recognition Act 1997, which was enacted by the Australian Parliament to establish a framework for the mutual recognition of standards and compliance arrangements between Australia and New Zealand. The primary objective of the Act is to facilitate trade and commerce between the two countries by reducing the need for duplicate testing and certification of goods. The Regulations, which came into effect on 1 May 1999, provide the details and mechanisms to achieve this objective by extending the exemption of specified Australian and New Zealand laws from certain regulatory requirements until 30 April 2010, as well as amending the schedules to include additional products and related regulatory issues. These amendments aim to ensure that businesses can operate seamlessly across the Tasman without facing unnecessary regulatory barriers.

Scope and Application

The Trans‑Tasman Mutual Recognition Regulations 1999, made under the Trans‑Tasman Mutual Recognition Act 1997, aim to facilitate the mutual recognition of regulatory outcomes between Australia and New Zealand. These regulations apply to specific laws and regulatory provisions in Australia and New Zealand, providing exemptions from certain legislative requirements for goods listed in the Schedule. The Act applies to various entities and industries by exempting specific Australian and New Zealand legislative provisions concerning the listed goods from certain regulatory requirements. These provisions include sections from various Australian state and territory acts and New Zealand acts, such as the Trade Practices Act 1974, Fair Trading Acts, Consumer Affairs Acts, and Trade Standards Acts. The geographic and jurisdictional reach of these regulations extends to the Commonwealth of Australia, and specific states and territories, as well as New Zealand, where the listed goods are subject to the exemptions. The regulations include amendments and extensions of exemptions to ensure continued compliance with the mutual recognition agreement. Subordinate instruments extend and restrict application as noted in the regulations.

Key Provisions

The Trans-Tasman Mutual Recognition Regulations 1999, which are made under the Trans-Tasman Mutual Recognition Act 1997, provide a framework for the mutual recognition of certain legislative standards between Australia and New Zealand. These regulations focus on specific laws and their application to particular goods, ensuring that these goods can be traded more freely between the two countries. Section 5 of the regulations extends the exemption of certain laws until 30 April 2010, as specified in Schedule 3 to the Act. Additionally, Schedule 1 of the regulations amends clause 2 of Schedule 3, modifying the scope of the exemptions to include specific sections of various state and territory laws relating to the regulation of goods such as autotrend sun filters, balloon blowing kits, and children’s household cots, among others. The obligations and requirements imposed by these regulations primarily concern the application and enforcement of specified state and territory laws. By exempting certain sections of these laws from operation, the regulations aim to facilitate the mutual recognition of standards, thereby easing the trade of goods across the Tasman Sea. This includes ensuring that businesses and entities comply with the agreed-upon standards and requirements when trading these goods between Australia and New Zealand. For instance, under the amended regulations, the Trade Practices Act 1974 of the Commonwealth is exempted to the extent that it relates to the regulation of goods like child restraints for motor vehicles and toys for children under 3 years old. The Trans-Tasman Mutual Recognition Regulations 1999 also outline the consequences for non-compliance. While the specific offences, penalties, or civil and criminal consequences for breach are not detailed in the regulations themselves, it is understood that breaches of the Trans-Tasman Mutual Recognition Act 1997, under which these regulations are made, could result in penalties as prescribed by the relevant state or territory laws. For example, if a business fails to comply with the recognised standards for goods such as children’s household cots, they could face penalties under the Fair Trading Act 1987 of New South Wales or similar legislation in other jurisdictions. The penalties could vary significantly depending on the nature and severity of the breach, but they generally aim to enforce compliance with the mutual recognition standards to ensure consumer safety and fair trading practices.

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