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MUTUAL RECOGNITION ACT 1992 - SCHEDULE 2

Permanent exemptions: laws relating to goods

 

Subsection   14(2)

  1.   A law of a State relating to quarantine, to the extent that:

  (a)   the law (or a direction or instrument given or made under the law or some other action taken under the law) regulates or prohibits the bringing of specified goods into the State or into a defined area of the State; and

  (b)   the State or area is substantially free of a particular disease, organism, variety, genetic disorder or any other similar thing; and

  (c)   it is reasonably likely that the goods would introduce or substantially assist the introduction of the disease, organism, variety, disorder or other thing into the State or area; and

  (d)   it is reasonably likely that that introduction would have a long - term and substantially detrimental effect on the whole or any part of the State.

  2.   A law of a State to the extent that it is enacted or made substantially for the purpose of protecting a species or other class of animals or plants from extinction in the State and that it prohibits or restricts the possession, sale, killing or capture of animals or plants of that species or other class in the State.

  3.   Ozone Protection Act 1991 of the Australian Capital Territory.

  4.   Weapons Act 1991 of the Australian Capital Territory.

  5.   Ozone Protection Act 1989 of New South Wales.

  6.   Clean Air Act 1963 of Queensland, Part   4A.

  7.   Hazardous Substances (Chlorofluorocarbons and Other Ozone Layer Depleting Substances) Regulation   1988 under the Health Act 1937 - 1988 of Queensland.

  8.   Beverage Container Act, 1975 of South Australia.

  9.   Clean Air Act, 1984 of South Australia, Part   IIIA.

  10.   A law of Tasmania to the extent that it relates to the possession, sale or capture of abalone, crayfish or scallops of a certain minimum size.

  11.   Chlorofluorocarbons and other Ozone Depleting Substances Control Act 1988 of Tasmania.

  12.   Environment Protection Act 1970 of Victoria, section   16 (in relation to ozone depleting substances), paragraphs 41(2)(d) and 71(1)(gba).

  13.   Environmental Protection Regulations   1987 under the Environmental Protection Act 1986 of Western Australia.

  14.   Business Franchise ("X" Videos) Act 1990 of the Australian Capital Territory.

  15.   Classification of Publications Ordinance 1983 of the Australian Capital Territory.

  16.   Crimes Act, 1900 of the Australian Capital Territory, section   92NB.

  17.   Film Classification Act 1971 of the Australian Capital Territory.

  18.   Publications Control Act 1989 of the Australian Capital Territory.

  19.   Film and Video Tape Classification Act 1984 of New South Wales.

  20.   Indecent Articles and Classified Publications Act 1975 of New South Wales.

  21.   Classification of Publications, Films and Computer Games Act 1985 (NT).

  22.   Classification of Films Act 1991 of Queensland.

  23.   Classification of Publications Act 1991 of Queensland.

  24.   Classification of Films for Public Exhibition Act, 1971 of South Australia and regulations under the Act.

  25.   Classification of Publications Act, 1974 of South Australia and regulations under the Act.

  26.   Summary Offences Act, 1953 of South Australia, sections   33 and 35.

  27.   Classification of Publications Act 1984 of Tasmania.

  28.   Classification of Films and Publications Act 1990 of Victoria.

  29.   Censorship of Films Act 1947 of Western Australia.

  30.   Indecent Publications and Articles Act 1902 of Western Australia.

  31.   Video Tapes Classification and Control Act 1987 of Western Australia.

  32.   Waste Management and Pollution Control Act 1998 (NT).

  33.   Summary Offences Act 1953 of South Australia, section   9B.

  34   Each of the following:

  (a)   Part   2 of the Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT);

  (b)   all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

  (c)   regulations made under that Act, to the extent that they relate to that scheme.

  35   Each of the following:

  (a)   Part   5 of the Waste Avoidance and Resource Recovery Act 2001 (NSW);

  (b)   all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

  (c)   instruments made under that Act, to the extent that they relate to that scheme.

  36   Each of the following:

  (a)   Part   10A of the Waste Management and Resource Recovery Act 2016 (ACT);

  (b)   all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

  (c)   regulations made under that Act, to the extent that they relate to that scheme.

  37   Each of the following:

  (a)   Part   5A of the Waste Avoidance and Resource Recovery Act 2007 (WA);

  (b)   all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

  (c)   regulations or other instruments made under that Act, to the extent that they relate to that scheme.



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