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TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 - SCHEDULE 2

Permanent exemptions

Note:   See section   45.

    The laws specified or described in this Schedule are exempt from the operation of this Act.

Part   1 -- Laws relating to goods: general

 

1   Quarantine

    A law of an Australian jurisdiction, including a law relating to quarantine, to the extent that:

  (a)   the law is enacted or made substantially for the purpose of preventing the entry or spread of any pest, disease, organism, variety, genetic disorder or any other similar thing; and

  (b)   the law authorises the application of quarantine measures that do not amount to an arbitrary or unjustifiable discrimination or to a disguised restriction on trade between Australia and New Zealand and are not inconsistent with the requirements of the Agreement establishing the World Trade Organisation.

2   Endangered species

    A law of an Australian jurisdiction, 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 jurisdiction and that it prohibits or restricts the possession, sale, killing or capture of animals or plants of that species or other class in the jurisdiction.

Part   2 -- Laws relating to goods: specific

 

3   Commonwealth

 

Firearms and other prohibited or offensive weapons

Customs (Prohibited Imports) Regulations
 

Fireworks

Customs (Prohibited Imports) Regulations
 

Hazardous substances, industrial chemicals and dangerous goods

Industrial Chemicals Act 2019

Occupational Health and Safety (Commonwealth Employment) Act 1991

Road Transport Reform (Dangerous Goods) Act 1995

Trade Practices Act 1974 , Division   1A of Part   V, to the extent that it deals with child restraints for motor vehicles
 

Indecent material

Classification (Publications, Films and Computer Games) Act 1995
 

Ozone protection

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (to the extent that it deals with ozone depleting substances)
 

Agricultural and veterinary chemicals

Agricultural and Veterinary Chemicals Act 1994

Agricultural and Veterinary Chemicals Code Act 1994
 

Other

Imported Food Control Act 1992 (to the extent that it deals with risk categorised food commodities)
 

Radiocommunications

Radiocommunications Act 1992 and rules made under that Act, except to the extent to which that Act, or those rules, deal with applying labels (within the meaning of that Act) to equipment (within the meaning of that Act)
 

Road vehicles

Road Vehicle Standards Act 2018
 

Therapeutic goods

Therapeutic Goods Act 1989

Therapeutic Goods (Charges) Act 1989
 

Tobacco

Competition and Consumer Act 2010 , section   134 of Schedule   2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011

Tobacco Plain Packaging Act 2011
 

Emissions - controlled products

Product Emissions Standards Rules   2017 , to the extent that they deal with emissions - controlled products that are propulsion marine engines or non - road engines

4   New South Wales

 

Container deposit scheme

The following laws:

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

(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

Firearms and other prohibited or offensive weapons

Firearms Act 1996
Prohibited Weapons Act 1989
 

Fireworks

Dangerous Goods Act 1975 (to the extent that it deals with fireworks)
 

Gaming machines

Registered Clubs Act 1976 , Parts   10 and 11
Liquor Act 1982 , Part   11
 

Gas appliances

Gas Supply Act 1996 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Poisons and Therapeutic Goods Act 1966 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Occupational Health and Safety Act 1983

Dangerous Goods Act 1975

Factories, Shops and Industries Act 1962

Fair Trading Act 1987 , sections   26, 30, 31 and 38, to the extent that those sections deal with the regulation of child restraints for motor vehicles
 

Indecent material

Classification (Publications, Films and Computer Games) Enforcement Act 1995
 

Ozone protection

Ozone Protection Act 1989
 

Therapeutic goods

Poisons and Therapeutic Goods Act 1966 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

5   Victoria

 

Firearms and other prohibited or offensive weapons

Firearms Act 1958

Firearms Regulations   1995

Control of Weapons Act 1990

Control of Weapons Regulations   1990
 

Fireworks

Dangerous Goods Act 1985 (to the extent that it deals with fireworks)

Dangerous Goods (Explosives) Regulations   1988 , Part   8, Division   5
 

Gaming machines

Gaming Machine Control Act 1991
 

Gas appliances

Gas Safety Act 1997 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Drugs, Poisons and Controlled Substances Act 1981 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Dangerous Goods Act 1985

Occupational Health and Safety Act 1985
 

Indecent material

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
 

Ozone protection

Environment Protection Act 1970 , sections   16 and 41 (to the extent that they deal with ozone depleting substances) and paragraph   71(1)(gba)
 

Therapeutic goods

Drugs, Poisons and Controlled Substances Act 1981 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

Therapeutic Goods (Victoria) Act 1994 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

6   Queensland

 

Firearms and other prohibited or offensive weapons

Weapons Act 1990
 

Fireworks

Explosives Act 1952 (to the extent that it deals with fireworks)
 

Gaming machines

Gaming Machine Act 1991
 

Gas appliances

Petroleum and Gas (Production and Safety) Act 2004 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Poisons Regulation   1973 under the Health Act 1937 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Workplace Health and Safety Act 1995

Fair Trading Act 1989 , sections   81, 83, 85 and 85A, to the extent that those sections deal with the regulation of child restraints for motor vehicles
 

Indecent material

Classification of Films Act 1991

Classification of Publications Act 1991
 

Ozone protection

Environmental Protection (Interim) Regulation   1995 under the Environmental Protection Act 1994 (to the extent that it deals with ozone depleting substances)
 

Therapeutic goods

Poisons Regulation   1973 under the Health Act 1937 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

7   Western Australia

 

Container deposit scheme

The following laws:

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

(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

Firearms and other prohibited or offensive weapons

Firearms Act 1973

Firearms Regulations   1974

Weapons Act 1999

Weapons Regulations   1999
 

Fireworks

Explosives and Dangerous Goods Act 1961 (to the extent that it deals with fireworks)
 

Gaming machines

Gaming Commission Act 1987
 

Gas appliances

Gas Standards Act 1972 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Poisons Act 1964 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Occupational Safety and Health Act 1984

Explosives and Dangerous Goods Act 1961

Consumer Affairs Act 1971 , sections   23Q, 23R and 23U, to the extent that those sections deal with the regulation of child restraints for motor vehicles

Fair Trading Act 1987 , sections   50 and 59, to the extent that those sections deal with the regulation of child restraints for motor vehicles
 

Indecent material

Censorship of Films Act 1947

Indecent Publications and Articles Act 1902

Video Tapes Classification and Control Act 1987

Censorship Act 1996
 

Ozone protection

Environmental Protection Act 1986 (to the extent that it deals with ozone protection)
 

Therapeutic goods

Poisons Act 1964 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

8   South Australia

 

Firearms and other prohibited or offensive weapons

Firearms Act 1977

Firearms Regulations   1993

Summary Offences Act 1953 , sections   15 and 15A

Criminal Law Consolidation Act 1935 , sections   32, 47A and 299A
 

Fireworks

Explosives Act 1936 (to the extent that it deals with fireworks)
 

Gaming machines

Gaming Machines Act 1992

Gaming Machines Regulations   1993
 

Gas appliances

Gas Act 1997 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Controlled Substances Act 1984 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Dangerous Substances Act 1979

Occupational Health, Safety and Welfare Act 1986
 

Indecent material

Classification (Publications, Films and Computer Games) Act 1995

Summary Offences Act 1953 , sections   33 and 35
 

Ozone protection

Environment Protection Act 1993 , Part   8, Division   3
 

Other

Environment Protection Act 1993 , Part   8, Division   2 (dealing with beverage containers)

Summary Offences Act 1953 , Section   9B
 

Therapeutic goods

Controlled Substances Act 1984 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

9   Tasmania

 

Firearms and other prohibited or offensive weapons

Firearms Act 1996
 

Fireworks

Dangerous Goods Act 1976 (to the extent that it deals with fireworks)
 

Gaming machines

Gaming Control Act 1993 (to the extent that it deals with gaming machines)
 

Gas appliances

Gas Act 2000 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Poisons Act 1971 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Dangerous Goods Act 1976

Workplace Health and Safety Act 1995
 

Indecent material

Classification (Publications, Films and Computer Games) Enforcement Act 1995
 

Ozone protection

Environmental Management and Pollution Control Act 1994 (to the extent that it deals with ozone protection)
 

Other

Living Marine Resources Management Act 1995 (to the extent that it relates to the possession, sale or capture of abalone, crayfish or scallops of a certain minimum size)
 

Therapeutic goods

Poisons Act 1971 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

10   Australian Capital Territory

 

Container deposit scheme

The following laws:

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

(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

Firearms and other prohibited or offensive weapons

Weapons Act 1991
 

Fireworks

Dangerous Goods Act 1975 of New South Wales in its application to the Australian Capital Territory (to the extent that it deals with fireworks)
 

Gaming machines

Gaming Machine Act 1987
 

Gas appliances

Gas Safety Act 2000 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Poisons and Drugs Act 1978 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Occupational Health and Safety Act 1989
 

Indecent material

Business Franchise ("X" Videos) Act 1990

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
 

Ozone protection

Ozone Protection Act 1991
 

Therapeutic goods

Poisons and Drugs Act 1978 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act

11   Northern Territory

 

Container deposit scheme

The following laws:

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

(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

Firearms and other prohibited or offensive weapons

Firearms Act 1997
 

Fireworks

Dangerous Goods Act 1998 (to the extent that it deals with fireworks)
 

Gaming machines

Gaming Control Act 1993
 

Gas appliances

Dangerous Goods Act 1998 , to the extent that it deals with the regulation of gas appliances
 

Hazardous substances, industrial chemicals and dangerous goods

Medicines, Poisons and Therapeutic Goods Act 2012 , to the extent that it deals with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part   2 of this Act

Dangerous Goods Act 1998

Work Health and Safety (National Uniform Legislation) Act 2011
 

Indecent material

Classification of Publications, Films and Computer Games Act 1985
 

Ozone protection

Waste Management and Pollution Control Act 1998
 

Therapeutic goods

Medicines, Poisons and Therapeutic Goods Act 2012 , to the extent that it deals with packaging and labelling of pharmaceutical drugs and would be affected by Part   2 of this Act



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