Commonwealth Consolidated Acts

TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 - SECT 47

  (1)   The purpose of this section is to create a mechanism to provide an additional period not exceeding 12 months for legislative or other action to be taken to implement a ministerial agreement arising out of consideration of an exemption under section   46. However, this subsection does not provide grounds for invalidating any regulations made for the purposes of this section.

  (2)   This Act does not:

  (a)   apply to the sale in an Australian jurisdiction of exempt goods; or

  (b)   affect the operation of exempt laws of an Australian jurisdiction relating to a particular kind of goods.

  (3)   For the purposes of this section, goods or laws are exempt if the goods are of a kind, or the laws are, for the time being declared by regulations under this Act to be exempt from the operation of this Act.

  (4)   The Governor - General may make regulations for the purposes of this section, but any such regulations may be made only if they have the effect of continuing or reviving, wholly or partly, and with or without modification, the effect of an exemption under section   46.

  (5)   Such a modification may only:

  (a)   in the case of an exemption relating to goods:

  (i)   limit the circumstances in which the goods are exempt; or

  (ii)   provide that the exemption does not apply if certain standards or conditions are complied with in relation to the goods; or

  (b)   in the case of an exemption relating to a law:

  (i)   modify the operation of the law while the exemption operates; or

  (ii)   provide that the exemption does not apply in relation to particular goods if certain standards or conditions are complied with in relation to the goods.

  (6)   The regulations may discontinue any exemption under this section.

  (7)   A regulation may not be made for the purposes of this section unless at least two - thirds of the then participating jurisdictions have endorsed the regulation.

  (8)   No exemption under this section operates (together with the period of any previous such exemption) for longer than a period of 12 months or an aggregate period of 12 months after the corresponding exemption under section   46 ceases to operate.

  (9)   In this section:

"ministerial agreement" means an agreement of Ministers of participating jurisdictions made in relation to goods or laws that are the subject of an exemption under section   46.