EXPLANATORY STATEMENT

Select Legislative Instrument 2005 No. 43

 

Issued by the authority of the Minister for Industry, Tourism and Resources

 

Trans-Tasman Mutual Recognition Act 1997

 

Trans-Tasman Mutual Recognition Amendment Regulations 2005 (No. 1)

The Trans-Tasman Mutual Recognition Arrangement (TTMRA) is a non-treaty agreement between the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand.

 

The purpose of the TTMRA is to give effect to mutual recognition principles relating to the sale of goods and the registration of occupations. In respect of goods, a good that can be legally sold in Australia may be sold in New Zealand and vice versa; in respect of occupations, a person registered to practise an occupation in Australia is entitled to practise the same occupation in New Zealand and vice versa. The Minister for Industry, Tourism and Resources is responsible for the Goods component of the TTMRA.

 

The Schedules to the Trans-Tasman Mutual Recognition Act 1997 (the Act) set out the exclusions and exemptions to the TTMRA. In particular, Schedule 3 provides for special exemptions for laws relating to certain goods including therapeutic goods; radio communications devices; road vehicles; gas appliances; and hazardous substances, industrial chemicals, and dangerous goods (including certain consumer product safety standards).

 

Subsection 48(1) of the Act provides that the laws of an Australian jurisdiction that relate to goods and that are specified or described in Schedule 3 to the Act are exempt from its operation.

 

Subsection 48(2) of the Act allows laws which are covered by a Special Exemption under Schedule 3 to have the twelve month exemption period extended for a further twelve months.

 

Subsection 48(4) of the Act provides that the Governor-General may make regulations amending Schedule 3 to the Act.

 

The purpose of the Regulations is to extend the Special Exemption status for laws relating to goods covered by Schedule 3 to the Act for a further twelve months. The extension will allow Australian and New Zealand regulators to continue to develop complementary regulatory arrangements for those matters which are the subject of the current exemptions. The expiry date for regulations covered under Schedule 3 (Special Exemptions) is April 30 each year.

 

The laws relating to goods covered by Special Exemptions are subject to multi-jurisdictional Cooperation Programs designed to resolve outstanding regulatory issues with the aim of achieving mutual recognition.

 

Three months before each twelve month Special Exemption period expires, the regulatory authorities responsible for pursuing Cooperation Programs submit a jointly agreed Annual Cooperation Report to Heads of Government of all participating jurisdictions. These reports set out the progress that has been achieved over the previous year and, if relevant, provide a justification as to why a further twelve month extension to the Special Exemption period is needed. On the basis of progress achieved and the timetable for completion, Heads of Government decide whether a further twelve month Special Exemption period should be granted.

 

Subsection 48(5) of the Act provides that regulations made under subsection 48(4) may not be made unless at least two‑thirds of participating jurisdictions have endorsed the regulations. Section 43 provides that a jurisdiction endorses a regulation by publishing a notice endorsing the terms of the regulations in the jurisdictions official gazette (ss 43(1)) and that the making of a recommendation by the Minister to the Governor-General for the making of the regulations constitutes the Commonwealths endorsement (ss 43(2)).

 

In accordance with subsection 48(5) of the Act, it has been agreed by at least two-thirds of participating jurisdictions to extend the Special Exemption for the laws relating to goods listed under Schedule 3, for a further twelve month period expiring on 30 April 2006.

 

The Regulations have the effect of implementing Heads of Government decisions in relation to the extension of Special Exemptions. Endorsements of the Regulations have been published in the official gazettes of participating jurisdictions as required under subsection 43(1) of the Act. The making of these Regulations represents endorsement by the Commonwealth as stated in subsection 43(2) of the Act.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.