Commonwealth Consolidated Acts

TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 - SECT 12

  (1)   The Trans - Tasman mutual recognition principle is subject to the exceptions specified in this section.

  (2)   The first exception is that the principle does not affect the operation of any laws of an Australian jurisdiction that regulate the manner of the sale of goods in the jurisdiction or the manner in which sellers conduct or are required to conduct their business in the jurisdiction (including laws set out in the examples below), so long as those laws apply equally to goods produced in or imported into the jurisdiction.

Examples:   Laws relating to the following:

(a)   the contractual aspects of the sale of goods;

(b)   the registration of sellers or other persons carrying on occupations;

(c)   the requirement for business franchise licences;

(d)   the persons to whom goods may or may not be sold;

(e)   the circumstances in which goods may or may not be sold.

  (3)   The second exception is that the principle does not affect the operation of any laws of an Australian jurisdiction regarding the transportation, storage or handling of goods within the jurisdiction, so long as:

  (a)   those laws apply equally to goods produced in or imported into the jurisdiction; and

  (b)   those laws are directed at matters affecting health and safety of persons in the jurisdiction or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the jurisdiction.

  (4)   The third exception is that the principle does not affect the operation of any laws of an Australian jurisdiction regarding the inspection of goods within the jurisdiction, so long as:

  (a)   inspection or the requirement for inspection is not a prerequisite to the sale of the goods in the jurisdiction; and

  (b)   those laws apply equally to goods produced in or imported into the jurisdiction; and

  (c)   those laws are directed at matters affecting the health and safety of persons in the jurisdiction or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the jurisdiction.