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TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 - SECT 45

Permanent exemptions

  (1)   This Act does not affect the operation of laws of an Australian jurisdiction specified or described in Schedule   2, to the extent that Schedule   2 indicates that they are exempt from the operation of this Act.

  (2)   Such an exemption may be limited or unlimited in its application. If a law is specified or described in Schedule   2 without any limitation, it is taken to be wholly exempt from the operation of this Act.

  (3)   The Governor - General may make regulations amending Schedule   2.

  (4)   A regulation may not be made for the purposes of this section unless all of the then participating jurisdictions have endorsed the regulation.

  (5)   However:

  (a)   if such a regulation relates solely to one or more laws specified or described in Schedule   3 and will not take effect within 5 years after the commencement of section   48, the regulation may be made if at least two - thirds of the then participating jurisdictions have endorsed the regulation; or

  (b)   if such a regulation merely omits or reduces the extent of an exemption of a law of a State from Schedule   2, the regulation may be made if the State has endorsed the regulation.


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