Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations 2000 (No. 2) 2000 No. 260
EXPLANATORY STATEMENT
Statutory Rules 2000 No. 260
Issued by the Authority of the Minister for Industry, Science and Resources
Trans-Tasman Mutual Recognition Act 1997
Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations 2000 (No. 2)
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, Science and Resources is responsible for the goods component of the TTMRA.
The Trans-Tasman Mutual Recognition Act 1997 (the Act) provides for circumstances where the mutual recognition principle will not apply. These circumstances are covered by provisions in the Act that relate to exclusions, permanent exemptions, special exemptions and temporary exemptions.
The purpose of the regulations is to extend the temporary exemption period for section 15 (to the extent that it deals with items other than firearms) and section 15A of the South Australian Summary Offences Act 1953. Section 15 prohibits the sale and possession of offensive weapons and section 15A prohibits the sale and possession of body armour. The extension of the temporary exemption is required to allow time for legislative action to be taken to permanently exempt this legislation from the operation of the Act and bring South Australia into line with permanent exemptions already in operation in other states and territories.
Extension of temporary exemptions
Subsection 47(4) of the Act provides that the Governor-General may make regulations for the purposes of section 47 but that any such regulations may only be made if they have the effect of continuing or reviving wholly or partly an exemption under section 46 of the Act.
Subsection 47(7) provides that regulations 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)).
Regulations made under subsection 47(4) of the Act may have the effect of extending the exemption period of a good that has been previously exempted under section 46 (Temporary Exemptions) of the Act. The purpose of the extension period, which is for a maximum of twelve months, (ss 47(1)), is to effect legislative or other action to implement a ministerial agreement arising out of consideration of an exemption under section 46.
Section 15 (to the extent that it deals with items other than firearms) and section 15A of the South Australian Summary Offences Act 1953 have been the subject of a temporary exemption since 22 September 1999. In April 2000 the Premier of South Australia wrote to the Prime Minister seeking a permanent exemption for this legislation. The purpose of the permanent exemption is to bring South Australian exemptions into line with those in place in other jurisdictions. Heads of Government from all participating jurisdictions have advised the Prime Minister of their agreement to the permanent exemption. However, not all jurisdictions will be in a position to endorse the permanent exemption, as required under subsection 45(4), prior to the expiration of the South Australian temporary exemption. Therefore, the purpose of the regulations is to extend the operation of the existing South Australian temporary exemption to allow time for legislative action to be taken to implement the decision to permanently exempt Section 15 (to the extent that it deals with items other than firearms) and section 15A of the South Australian Summary Offences Act 1953.
Heads of Government have agreed by at least a two-thirds majority as required under subsection 47(7) of the Act, to extend the temporary exemption until 22. September 2001. Endorsement of the regulations has 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 of Australia as stated in subsection 43(2) of the Act.
The Regulations commence on gazettal.
Overview
The Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations 2000 (No. 2) were enacted to address the need for a temporary extension of exemptions under the Trans-Tasman Mutual Recognition Act 1997. This Act facilitates the mutual recognition of regulations between Australia and New Zealand concerning the sale of goods and the registration of occupations. Specifically, the 2000 Regulations extend the exemption period for certain South Australian laws that prohibit the sale and possession of offensive weapons and body armour. This extension is necessary to allow sufficient time for legislative action to permanently exempt these South Australian laws from the Trans-Tasman Mutual Recognition Arrangement (TTMRA), aligning them with permanent exemptions already in place in other jurisdictions. The regulations were issued by the Minister for Industry, Science and Resources, and require the endorsement of at least two-thirds of participating jurisdictions, as stipulated by the Act. The endorsement process, including the Commonwealth's participation, was completed as required by the statutory provisions, and the Regulations were published in the official gazettes of the participating jurisdictions.
Scope and Application
The Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations 2000 (No. 2) pertains to the Trans-Tasman Mutual Recognition Arrangement, an agreement between Australia and New Zealand facilitating mutual recognition of goods and occupational registrations across both countries. The Act applies to individuals and entities involved in the sale of goods and the practice of occupations across Australia and New Zealand, with specific relevance to the regulatory environment governing these activities. The geographic and jurisdictional reach of the Act is national within Australia and includes New Zealand. The Act allows for exemptions and exclusions to the mutual recognition principle, and these are managed through various legislative provisions, including temporary exemptions detailed in the Regulations. The Regulations extend the exemption period for certain South Australian laws related to offensive weapons and body armour, allowing additional time for legislative amendments to align South Australia with other jurisdictions. This extension is subject to endorsement by at least two-thirds of participating jurisdictions, as mandated by the Act, and the Regulations have been duly endorsed and published in the official gazettes. The Regulations will commence on the date of their gazettal, thereby formalising the temporary exemption period until the specified date.
Key Provisions
The Trans-Tasman Mutual Recognition (Temporary Exemptions) Regulations 2000 (No. 2) primarily extend the exemption period for certain South Australian legislation under the Trans-Tasman Mutual Recognition Act 1997 (the Act). Specifically, the Regulations extend the exemption period for sections 15 (excluding firearms) and 15A of the South Australian Summary Offences Act 1953, which pertain to the sale and possession of offensive weapons and body armour, respectively. This extension is intended to provide additional time for legislative action to be taken to permanently exempt these sections, aligning South Australia with other jurisdictions (ss 47(1) and (4)). The Regulations were made possible because at least two-thirds of participating jurisdictions have endorsed them, as required under section 47(7) of the Act.
Under the Act, the Minister for Industry, Science and Resources is responsible for making regulations that can extend temporary exemptions. These regulations can only be made if they continue or revive an exemption under section 46 of the Act (ss 47(4)). The extension period for these exemptions is a maximum of twelve months, intended to facilitate legislative or other action to implement a ministerial agreement arising from the exemption consideration (ss 47(1)). For the exemption to be endorsed, each participating jurisdiction must publish a notice in their official gazette, and the Commonwealth’s endorsement is made by the Minister recommending the regulations to the Governor-General (ss 43(1) and (2)).
The Regulations impose specific obligations on the parties involved. Primarily, they require the participating jurisdictions to endorse the regulations by publishing notices in their official gazettes, as mandated under section 43(1) of the Act. The Commonwealth’s endorsement is achieved by the Minister making a recommendation to the Governor-General for the regulations, as stated in section 43(2). Additionally, the Regulations necessitate the extension of the existing temporary exemption until 22 September 2001, to allow sufficient time for the necessary legislative changes to be enacted.
Failure to comply with the requirements of the Regulations may result in civil or criminal consequences, depending on the nature of the breach. However, the explanatory statement does not specify the exact penalties for non-compliance. The overarching purpose of these Regulations is to ensure that the temporary exemptions are extended in a manner that aligns with the legislative frameworks of the participating jurisdictions, thereby maintaining the integrity and effectiveness of the Trans-Tasman Mutual Recognition Arrangement (TTMRA).