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1
Trans-Tasman Mutual Recognition (Queensland)
Authorisation Bill 2001
TRANS-TASMAN MUTUAL
RECOGNITION (QUEENSLAND)
AUTHORISATION BILL 2001
EXPLANATORY NOTES
GENERAL OUTLINE
Title of the Bill
Trans-Tasman Mutual Recognition (Queensland) Authorisation Bill
2001
Policy objectives of the Bill
The objectives of this Bill are:
to give the authority to the Governor in Council to make a gazette
·
notice endorsing proposed Commonwealth regulations which seek
to amend the Trans-Tasman Mutual Recognition Act 1997 (Cwlth)
to permanently exempt energy efficiency labelling and sections 15
and 15A of the South Australian Summary Offences Act 1953.
to remain on the statute books and work in conjunction with the
·
principal Act Trans-Tasman Mutual Recognition (Queensland) Act
1999. The Trans-Tasman Mutual Recognition (Queensland)
Authorisation Act 2001 would be amended from time to time by
an amendment Act for the purpose of providing the Governor in
Council with authority to gazette a notice endorsing future
Commonwealth regulations. Such amendments would involve the
insertion of the text of the proposed Commonwealth regulation on
the Schedule of the Trans-Tasman Mutual Recognition
(Queensland) Authorisation Act 2001.
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Trans-Tasman Mutual Recognition (Queensland)
Authorisation Bill 2001
Reasons for the Bill
Section 43 of the Trans-Tasman Mutual Recognition Act 1997 (Cwlth)
provides that a jurisdiction endorses a regulation if the designated person
for the jurisdiction publishes a notice in the official gazette of the
jurisdiction setting out and endorsing the terms of the regulation before it is
made. In Queensland the designated person is the Governor in Council.
Section 45 of the Trans-Tasman Mutual Recognition Act 1997 (Cwlth)
provides that a regulation may not be made for the purposes of permanent
exemptions unless all of the then participating jurisdictions have endorsed
the proposed regulation. Queensland is a participating jurisdiction.
Section 5 of the Trans-Tasman Mutual Recognition (Queensland) Act
1999 provides that the Governor in Council may make a gazette notice
endorsing a proposed Commonwealth regulation, however only by express
authority of an Act.
Estimated administrative cost to government
As this Bill is required only to give authority to the Governor in Council
to make a gazette notice endorsing proposed Commonwealth regulations
which seek to amend the Trans-Tasman Mutual Recognition Act 1997
(Cwlth), there are no costs other than those associated with publishing a
gazette notice.
Consistency with Fundamental Legislative Principles
The Bill is consistent with Fundamental Legislative Principles as
outlined in section 4 of the Legislative Standards Act 1992.
Consultation
Consultation occurred with the former departments of Mines and
Energy, ,Equity and Fair Trading, and Employment, Training and Industrial
Relations, The Department of Police, the Department of Justice and
Attorney-General, the Crown Solicitor, the Department of State
Development, Treasury Department, the Office of the Queensland
Parliamentary Counsel and the Policy Division of the Department of the
Premier and Cabinet were also consulted.
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Trans-Tasman Mutual Recognition (Queensland)
Authorisation Bill 2001
NOTES ON CLAUSES
Short title
Clause 1 sets out the short title of the Act--the Trans-Tasman Mutual
Recognition (Queensland) Authorisation Act 2001.
Definitions
Clause 2 defines the Commonwealth Act as--Trans-Tasman Mutual
Recognition Act 1997 (Cwlth); and
The principal Act as--Trans-Tasman Mutual Recognition (Queensland)
Act 1999.
Authorisation
Clause 3 provides the Governor in Council with the authority as required
by section 5 of the Trans-Tasman Mutual Recognition (Queensland) Act
1999 to make a gazette notice endorsing a proposed Commonwealth
regulation.
Expiry
Clause 4 provides that the Trans-Tasman Mutual Recognition
(Queensland) Authorisation Act 2001 expires when the Trans-Tasman
Mutual Recognition (Queensland) Act 1999 expires.
Schedule--Authorised Gazette Notices
The Schedule includes the text of the proposed gazette notice to be made
by the Governor in Council. This gazette notice, once published by the
Governor in Council in the Queensland Gazette, will endorse the proposed
Commonwealth regulation. This Schedule will be amended from time to
time by an amendment Act for the purpose of providing the Governor in
Council with authority to gazette a notice endorsing future Commonwealth
regulations.
© State of Queensland 2001