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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Trans-Tasman Mutual Recognition (Western
Australia) Bill 2002
CONTENTS
1. Short title 3
2. Commencement 3
3. Interpretation 3
4. Adoption of Commonwealth Act 4
5. Regulations for temporary exemptions for goods 4
6. Review of mutual recognition arrangements 4
7. Expiry of Act 5
page i
134--1B
Western Australia
LEGISLATIVE COUNCIL
Trans-Tasman Mutual Recognition (Western
Australia) Bill 2002
A Bill for
An Act to adopt the Trans-Tasman Mutual Recognition Act 1997 of
the Parliament of the Commonwealth (including the amendments
made to it before the enactment of this Act) which provides for the
recognition within each State and Territory of the Commonwealth of
regulatory standards adopted in New Zealand regarding goods and
occupations, and for related purposes.
page 1
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Background to the enactment of this Act
1. The governments of the Commonwealth, each State of Australia,
the Australian Capital Territory, the Northern Territory and
New Zealand have entered into an arrangement for the purpose of
giving effect to a scheme implementing the recognition within
Australia and New Zealand of regulatory standards adopted by
each of the parties to the arrangement regarding goods and
occupations.
2. The Parliament of New South Wales referred matters to the
Parliament of the Commonwealth for the purposes of
section 51(xxxvii) of the Constitution of the Commonwealth so as
to enable the enactment and amendment of legislation to provide
for the recognition within Australia and New Zealand of regulatory
standards adopted in the other country regarding goods and
occupations.
3. The Parliament of the Commonwealth has subsequently enacted the
Trans-Tasman Mutual Recognition Act 1997.
The Parliament of Western Australia enacts as follows:
page 2
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
s. 1
1. Short title
This Act may be cited as the Trans-Tasman Mutual Recognition
(Western Australia) Act 2002.
2. Commencement
5 This Act comes into operation on a day fixed by proclamation.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
"adopt" has the same meaning as it has in section 51(xxxvii) of
the Constitution of the Commonwealth and "adopted
10 provision", "adoption" and "adopts" have meanings
corresponding with that meaning;
"Commonwealth Act" means the Trans-Tasman Mutual
Recognition Act 1997 of the Commonwealth;
"original Commonwealth Act" means the Commonwealth Act
15 as originally enacted;
"termination day" means --
(a) the day 5 years after this Act comes into operation; or
(b) if an earlier day is fixed under subsection (2), that
earlier day.
20 (2) The Governor may, by proclamation, fix a day that is within
5 years after this Act comes into operation as the day on which
the adoption of the Commonwealth Act under this Act ceases to
have effect.
(3) A proclamation can be made under subsection (2) whether or
25 not a review has been carried out under section 6.
page 3
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
s. 4
4. Adoption of Commonwealth Act
(1) Subject to this section, the State of Western Australia adopts the
Commonwealth Act as originally enacted including the
amendments made to it before this Act receives the Royal
5 Assent.
NOTE: The text of the Commonwealth Act (as at the time of the enactment
of this Act) is set out in a note at the end of this Act.
(2) The adoption of the Commonwealth Act under this Act does not
operate so as to give effect to any adopted provision before that
10 provision commences as a law of the Commonwealth.
(3) For the avoidance of doubt, it is the intention of the Parliament
of the State that a Schedule to the Commonwealth Act as
adopted under this Act may be amended from time to time by
regulations made under the Commonwealth Act.
15 (4) The adoption of the Commonwealth Act under this Act --
(a) begins to have effect at the beginning of the day on
which this Act comes into operation; and
(b) ceases to have effect at the end of the termination day.
5. Regulations for temporary exemptions for goods
20 Without limiting any other power to make regulations under any
other Act, the Governor may make regulations for the purposes
mentioned in section 46 of the Commonwealth Act as adopted
under this Act.
6. Review of mutual recognition arrangements
25 (1) The Minister is to review the operation of, and the effect on this
State of the operation of, the Commonwealth Act as adopted
under this Act.
page 4
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
s. 7
(2) On completion of the review, the Minister is to cause a report on
the review to be laid before each House of Parliament
containing a recommendation from the Minister as to whether or
not the adoption of the Commonwealth Act by this State should
5 continue.
(3) The review is to be completed, and the reports laid before each
House of Parliament, not later than 6 months before the day
5 years after this Act comes into operation.
(4) If, because either House of Parliament is not sitting, the report
10 cannot be laid before that House within the time required by
subsection (3), the Minister may comply with the requirement to
lay the report before that House by --
(a) giving a copy of the report to the Clerk of that House
within that time; and
15 (b) immediately causing the report to be printed and made
available to the public.
(5) A copy of a report given to the Clerk of a House under
subsection (4) is to be laid before that House on its next sitting
day.
20 7. Expiry of Act
This Act expires at the end of the termination day.
page 5
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
NOTE
Commonwealth of Australia
Trans-Tasman Mutual Recognition Act 1997
An Act to provide for the recognition within Australia of
regulatory standards adopted in New Zealand regarding goods
and occupations
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Principal purpose
4 Interpretation
5 Operation of this Act in relation to the Commonwealth
6 Operation of this Act in relation to the States
7 Operation of this Act in relation to New Zealand
8 Crown bound
Part 2--Goods
9 Trans-Tasman mutual recognition principle
10 Entitlement to sell goods
11 Requirements that do not need to be complied with
12 Requirements that do need to be complied with
13 Defences to offences regarding sale
14 Goods that comply with local law
Part 3--Occupations
Division 1--Preliminary
15 Trans-Tasman mutual recognition principle
16 Entitlement to carry on occupation
17 Application of this Part
Division 2--Entitlement to registration
18 Notification to local registration authority
19 Entitlement to registration and continued registration
20 Action following notice
21 Postponement of registration
22 Refusal of registration
23 Notification of decision
page 6
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
Division 3--Interim arrangements
24 Deemed registration
25 Duration of deemed registration
26 Activities under deemed registration
Division 4--Equivalent occupations
27 Equivalent occupations
28 General principle
29 Declarations as to equivalent occupations
30 Declarations by Australian Tribunal
31 Declarations by Ministers
Division 5--General provisions
32 Disciplinary action
33 Review of decisions
34 Costs
35 Co-operation with and membership of Trans-Tasman Occupations
Tribunal (NZ)
36 Residence or domicile
37 Furnishing information
38 Receiving information
39 General responsibilities of local registration authorities
40 Fees
41 Formalities requiring personal attendance
42 Saving
Part 4--Exclusions and exemptions
43 References to endorsing a proposed regulation
44 Exclusions
45 Permanent exemptions
46 Temporary exemptions
47 Continuation of temporary exemptions to enable implementation of ministerial
agreements
48 Special exemptions
49 Exemptions relating to occupations
Part 5--General
50 References to participating jurisdictions
51 Application of Trans-Tasman mutual recognition principle
52 Machinery provisions regarding limitations etc.
53 Determining place of production
54 Commonwealth regulations for temporary exemptions
SCHEDULE 1--EXCLUSIONS
Part 1--Introduction
1 Excluded laws
Part 2--Laws
2 Customs controls and tariffs (including laws relating to
international obligations)
page 7
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
3 Intellectual property (including laws relating to the Paris
Convention of 20 March 1983 for the Protection of Industrial
Property)
4 Other international obligations
5 Taxation and business franchises
SCHEDULE 2--PERMANENT EXEMPTIONS
Part 1--Laws relating to Goods: General
1 Quarantine
2 Endangered species
Part 2--Laws relating to Goods: Specific
3 Commonwealth
4 New South Wales
5 Victoria
6 Queensland
7 Western Australia
8 South Australia
9 Tasmania
10 Australian Capital Territory
11 Northern Territory
SCHEDULE 3--SPECIAL EXEMPTIONS
1 Therapeutic goods
2 Hazardous substances, industrial chemicals and dangerous goods
3 Radiocommunications devices
4 Road vehicles
5 Gas appliances
SCHEDULE 4--EXEMPT LAWS RELATING TO OCCUPATIONS
1 Exempt laws
2 Medical practitioners
SCHEDULE 5--PRIVACY OF INFORMATION COLLECTED UNDER THE
ACT
Part 1--Interpretation
1 Interpretation
Part 2--Principles
2 Solicitation of personal information from individual concerned
3 Storage and security of personal information
4 Limits on use of personal information
5 Limits on disclosure for personal information
page 8
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
Trans-Tasman Mutual Recognition Act 1997
No. 190, 1997
[Incorporating amendments effected by --
• Trans-Tasman Mutual Recognition Regulations 1999 (SR No. 60 of 1999)
• Statute Stocktake Act 1999 (Act No. 118 of 1999)
• Trans-Tasman Mutual Recognition Regulations 2000 (No. 1)
(SR No. 51 of 2000)
• Trans-Tasman Mutual Recognition Regulations 2001 (No. 1)
(SR No. 75 of 2001)
• Trans-Tasman Mutual Recognition Act 1997 Amendment Regulations 2001
(No. 1) (SR No. 221 of 2001)
• Trans-Tasman Mutual Recognition Amendment Regulations 2002 (No. 1)
(SR 2002 No. 78). ]
An Act to provide for the recognition within Australia of
regulatory standards adopted in New Zealand regarding
goods and occupations
The Parliament of Australia enacts:
Part 1--Preliminary
1 Short title
This Act may be cited as the Trans-Tasman Mutual Recognition Act 1997.
2 Commencement
(1) This Part commences on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act commence on a day or days to be fixed by
Proclamation.
3 Principal purpose
(1) The principal purpose of this Act is to enact legislation authorised by the Parliaments
of States under paragraph (xxxvii) of section 51 of the Commonwealth Constitution,
and requested by the legislatures of the Australian Capital Territory and the Northern
Territory, for the purpose of recognising within Australia regulatory standards
adopted in New Zealand regarding goods and occupations.
page 9
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(2) The legislation is as contemplated by the Trans-Tasman Mutual Recognition
Arrangement entered into on 9 July 1996 between the Commonwealth of Australia,
New Zealand, the States of New South Wales, Victoria, Queensland, Western
Australia, South Australia and Tasmania, the Australian Capital Territory and the
Northern Territory.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
Australia means Australia in a geographical sense, and does not include the
external territories.
Australian jurisdiction means a participating jurisdiction, other than New
Zealand.
Australian Tribunal means the Administrative Appeals Tribunal or a successor to
that body.
conditions, when used in relation to occupations, means conditions, limitations or
restrictions.
deemed registration means deemed registration as defined in section 24.
designated person means:
(a) for New Zealand--a Minister of the Crown for New Zealand; or
(b) for the Commonwealth--the Governor-General of Australia; or
(c) for a State (other than a Territory)--the Governor of the State or a
Minister of the Crown for the State; or
(d) for the Australian Capital Territory--the Chief Minister for the
Territory; or
(e) for the Northern Territory--the Administrator of the Territory.
equivalent, when used in relation to occupations, has a meaning affected by
Division 4 of Part 3.
goods means goods of any kind, and includes:
(a) animals or plants; or
(b) material of microbial origin; or
(c) a package containing goods; or
(d) a label attached to goods.
grant, when used in relation to registration, means grant, issue or otherwise confer
registration.
import into an Australian jurisdiction means import from outside Australia.
labelling of goods includes any means by which, at the point of sale, information
is attached to goods or is displayed in relation to goods without being attached to
them.
local registration authority of a participating jurisdiction for an occupation means
the person or authority in the jurisdiction having the function conferred by
legislation of registering persons in connection with their carrying on that
occupation in the jurisdiction.
New Zealand has the meaning given by the Acts Interpretation Act 1924 of New
Zealand, as in force from time to time.
page 10
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
New Zealand Act means the Act of the Parliament of New Zealand (as amended
and in force from time to time) that deals with Trans-Tasman mutual recognition
and corresponds to this Act, and includes any Act replacing that Act (as amended
and in force from time to time).
New Zealand Tribunal means the Trans-Tasman Occupations Tribunal of New
Zealand or a successor to that body.
occupation means an occupation, trade, profession or calling of any kind that may
be carried on only by registered persons, where registration is wholly or partly
dependent on the attainment or possession of some qualification (for example,
training, education, examination, experience, character or being fit or proper), and
includes a specialisation in any of the above in which registration may be granted.
participating jurisdiction has the meaning given by section 50.
produce includes to manufacture, and also includes to harvest or otherwise
produce in the course of any form of primary production.
registration includes the licensing, approval, admission, certification (including
by way of practising certificates), or any other form of authorisation, of a person
required by or under legislation for carrying on an occupation.
requirements, when used in relation to goods, means requirements, prohibitions,
restrictions or conditions.
sell includes sell by wholesale or retail, and includes distribute for sale, expose or
offer for sale or have in possession for sale or agree to sell, and includes barter,
and includes supply by way of exchange, lease, hire or hire-purchase.
State includes the Australian Capital Territory or the Northern Territory.
substantive registration means registration under a law of a participating
jurisdiction, but does not include deemed registration.
(2) A law specified or described in a Schedule to this Act includes (unless otherwise
stated in the Schedule) any relevant regulations or other statutory instruments under
that law.
(3) A law specified or described in a Schedule to this Act, including any relevant
regulations or other statutory instruments under that law, includes (unless otherwise
stated in the Schedule) any amendment or replacement of that law, but only to the
extent that the effect of the amendment or replacement does not restrict the scope of
this Act.
(4) A reference in this Act to the designated person is, in relation to a participating
jurisdiction for which there is or can be more than one designated person, a reference
to any one of them.
(5) This Act is to be interpreted in accordance with the Acts Interpretation Act 1901 as in
force at the date on which this Act receives the Royal Assent.
5 Operation of this Act in relation to the Commonwealth
(1) Subject to this section:
(a) this Act has effect despite anything in any other law of the Commonwealth
enacted or made before the commencement of this section; and
page 11
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(b) any law of the Commonwealth enacted or made after the commencement of this
section is to be construed as having effect subject to this Act, except where that
law expressly overrides this Act.
(2) Subject to subsection 51(2), nothing in this Act affects the operation of the Mutual
Recognition Act 1992.
6 Operation of this Act in relation to the States
(1) This Act applies to a State, but only while it is a participating jurisdiction.
(2) Accordingly, a reference in this Act to a State is a reference to a State that is a
participating jurisdiction, and this Act does not affect the operation of the laws of a
State that is not a participating jurisdiction.
(3) This Act does not affect the operation of a law of a State so far as it can operate
concurrently with this Act.
7 Operation of this Act in relation to New Zealand
(1) The Governor-General may declare by Proclamation that this Act will cease to have
effect on a specified day, if satisfied that:
(a) New Zealand is not a participating jurisdiction and is not likely to become a
participating jurisdiction in the near future; or
(b) New Zealand is a participating jurisdiction but is likely to cease to be a
participating jurisdiction in the near future.
(2) Such a Proclamation cannot be made unless the designated person for each of the
participating jurisdictions (other than New Zealand and the Commonwealth) has
published a notice in the official gazette of the jurisdiction requesting the making of
the Proclamation.
(3) Such a Proclamation is effective according to its terms.
8 Crown bound
Subject to section 6, this Act binds the Crown in right of the Commonwealth and of
each of the States.
Part 2--Goods
9 Trans-Tasman mutual recognition principle
(1) The Trans-Tasman mutual recognition principle as applying to goods is as set out in
this Part.
(2) This Part deals with goods produced in or imported into New Zealand and their sale
in Australia.
10 Entitlement to sell goods
The Trans-Tasman mutual recognition principle is that, subject to this Part, goods
produced in or imported into New Zealand, that may lawfully be sold in New
Zealand, either generally or in particular circumstances, may, by virtue of this Act, be
sold in an Australian jurisdiction either generally or in particular circumstances (as
the case may be), without the necessity for compliance with further requirements
imposed by or under the law of that jurisdiction as described in section 11.
page 12
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
11 Requirements that do not need to be complied with
The further requirements referred to in section 10 are any one or more of the
following requirements relating to sale that are imposed by or under the law of the
Australian jurisdiction concerned:
(a) a requirement that the goods satisfy standards of the jurisdiction relating to the
goods themselves, including for example requirements relating to their
production, composition, quality or performance;
(b) a requirement that the goods satisfy standards of the jurisdiction relating to the
way the goods are presented, including for example requirements relating to
their packaging, labelling, date stamping or age;
(c) a requirement that the goods be inspected, passed or similarly dealt with in or
for the purposes of the jurisdiction;
(d) a requirement that any step in the production of the goods not occur outside the
jurisdiction;
(e) any other requirement relating to sale that would prevent or restrict, or would
have the effect of preventing or restricting, the sale of the goods in the
jurisdiction.
12 Requirements that do need to be complied with
(1) The Trans-Tasman mutual recognition principle is subject to the exceptions specified
in this section.
(2) The first exception is that the principle does not affect the operation of any laws of an
Australian jurisdiction that regulate the manner of the sale of goods in the jurisdiction
or the manner in which sellers conduct or are required to conduct their business in the
jurisdiction (including laws set out in the examples below), so long as those laws
apply equally to goods produced in or imported into the jurisdiction.
Examples: Laws relating to the following:
(a) the contractual aspects of the sale of goods;
(b) the registration of sellers or other persons carrying on occupations;
(c) the requirement for business franchise licences;
(d) the persons to whom goods may or may not be sold;
(e) the circumstances in which goods may or may not be sold.
(3) The second exception is that the principle does not affect the operation of any laws of
an Australian jurisdiction regarding the transportation, storage or handling of goods
within the jurisdiction, so long as:
(a) those laws apply equally to goods produced in or imported into the jurisdiction;
and
(b) those laws are directed at matters affecting health and safety of persons in the
jurisdiction or at preventing, minimising or regulating environmental pollution
(including air, water, noise or soil pollution) in the jurisdiction.
(4) The third exception is that the principle does not affect the operation of any laws of
an Australian jurisdiction regarding the inspection of goods within the jurisdiction, so
long as:
(a) inspection or the requirement for inspection is not a prerequisite to the sale of
the goods in the jurisdiction; and
(b) those laws apply equally to goods produced in or imported into the jurisdiction;
and
page 13
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(c) those laws are directed at matters affecting the health and safety of persons in
the jurisdiction or at preventing, minimising or regulating environmental
pollution (including air, water, noise or soil pollution) in the jurisdiction.
13 Defences to offences regarding sale
(1) It is a defence to a prosecution for an offence against a law of an Australian
jurisdiction in relation to the sale of any goods if the defendant expressly claims that
the Trans-Tasman mutual recognition principle applies and establishes that:
(a) the goods were labelled at the point of sale with a statement to the effect that the
goods were produced in or imported into New Zealand; and
(b) the defendant had no reasonable grounds for suspecting that they were not so
produced or imported.
(2) The defence is not available if the prosecution proves that the Trans-Tasman mutual
recognition principle did not apply in the circumstances of the alleged offence
(because for example the goods did not comply with requirements imposed by the
law of New Zealand).
(3) Any relevant presumptions or evidentiary procedures under the law of New Zealand
are available to the prosecution or defendant in relation to matters sought to be proved
by the prosecution under subsection (2).
(4) Any relevant defences under the law of New Zealand are available to the defendant in
relation to matters sought to be proved by the prosecution under subsection (2).
(5) This section does not affect any defence that is available apart from this section.
14 Goods that comply with local law
Nothing in this Part prevents goods from being sold in an Australian jurisdiction if
(apart from this Act) they comply with the relevant requirements of the law in force
in the jurisdiction.
Part 3--Occupations
Division 1--Preliminary
15 Trans-Tasman mutual recognition principle
(1) The Trans-Tasman mutual recognition principle as applying to occupations is as set
out in this Part.
(2) This Part deals with the ability of a person who is registered in connection with an
occupation in New Zealand to carry on an equivalent occupation in Australia.
16 Entitlement to carry on occupation
(1) The Trans-Tasman mutual recognition principle is that, subject to this Part, a person
who is registered in New Zealand for an occupation is, by virtue of this Act, entitled
after notifying the local registration authority of an Australian jurisdiction for the
equivalent occupation:
(a) to be registered in the jurisdiction for the equivalent occupation; and
(b) pending such registration, to carry on the equivalent occupation in the
jurisdiction.
page 14
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
(2) However, the Trans-Tasman mutual recognition principle is subject to the exception
that it does not affect the operation of laws that regulate the manner of carrying on an
occupation in an Australian jurisdiction, so long as those laws:
(a) apply equally to all persons carrying on or seeking to carry on the occupation
under the law of the jurisdiction; and
(b) are not based on the attainment or possession of some qualification or
experience relating to fitness to carry on the occupation.
17 Application of this Part
(1) This Part applies to individuals and occupations carried on by them.
(2) This Part extends to an occupation carried on by an individual, where the individual is
subject to more than one system of registration or more than one local registration
authority in a participating jurisdiction, and accordingly this Part applies in relation to
each such system of registration and each such authority.
(3) Without limiting subsection (2), an example of such an occupation is that of a legal
practitioner, which involves both the admission as a legal practitioner by a court and
the issue of a practising certificate by another body.
Division 2--Entitlement to registration
18 Notification to local registration authority
(1) A person who is registered in New Zealand for an occupation may lodge a written
notice with the local registration authority of an Australian jurisdiction for the
equivalent occupation, seeking registration for the equivalent occupation in
accordance with the Trans-Tasman mutual recognition principle.
(2) The notice must:
(a) state that the person is registered for the occupation in New Zealand; and
(b) state the occupation for which registration is sought and that it is being sought in
accordance with the Trans-Tasman mutual recognition principle; and
(c) specify all the participating jurisdictions in which the person has substantive
registration for equivalent occupations; and
(d) state that the person is not the subject of disciplinary proceedings in any
participating jurisdiction (including any preliminary investigations or action that
might lead to disciplinary proceedings) in relation to those occupations; and
(e) state that the person's registration in any participating jurisdiction is not
cancelled or currently suspended as a result of disciplinary action; and
(f) state that the person is not otherwise personally prohibited from carrying on any
such occupation in any participating jurisdiction, and is not subject to any
special conditions in carrying on that occupation, as a result of criminal, civil or
disciplinary proceedings in any participating jurisdiction; and
(g) specify any special conditions to which the person is subject in carrying on any
such occupation in any participating jurisdiction; and
(h) give consent to the making of inquiries of, and the exchange of information
with, the authorities of any participating jurisdiction regarding the person's
activities in the relevant occupation or occupations or otherwise regarding
matters relevant to the notice.
page 15
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(3) The notice must be accompanied by a document that is either the original or a copy of
the instrument evidencing the person's existing registration (or, if there is no such
instrument, by sufficient information to identify the person and the person's
registration).
(4) As regards the instrument evidencing the person's existing registration, the person
must certify in the notice that the accompanying document is the original or a
complete and accurate copy of the original.
(5) The statements and other information in the notice must be verified by statutory
declaration.
(6) The local registration authority may permit the notice to be amended after it is
lodged.
19 Entitlement to registration and continued registration
(1) A person who lodges a notice under section 18 with a local registration authority of
an Australian jurisdiction is entitled to be registered in the equivalent occupation, as
if the law of the jurisdiction that deals with registration expressly provided that
registration in New Zealand is a sufficient ground of entitlement to registration.
(2) The local registration authority may grant registration on that ground and may grant
renewals of such registration.
(3) Once a person is registered on that ground, the entitlement to registration continues,
whether or not registration (including any renewal of registration) ceases in New
Zealand.
(4) Continuance of registration is otherwise subject to the laws of the jurisdiction, to the
extent to which those laws:
(a) apply equally to all persons carrying on or seeking to carry on the occupation
under the law of the jurisdiction; and
(b) are not based on the attainment or possession of some qualification or
experience relating to fitness to carry on the occupation.
(5) The local registration authority may impose conditions on registration, but may not
impose conditions that are more onerous than would be imposed in similar
circumstances (having regard to relevant qualifications and experience) if it were
registration effected apart from this Part, unless they are conditions that apply to the
person's registration in New Zealand or that are necessary to achieve equivalence of
occupations.
(6) This section has effect subject to this Part.
20 Action following notice
(1) Registration must be granted within one month after the notice is lodged with the
local registration authority under section 18.
(2) When granted, registration takes effect as from the date the notice was lodged.
(3) However, the local registration authority may, subject to this Part and within one
month after the notice was lodged, postpone or refuse the grant of registration.
(4) If the local registration authority neither grants the registration nor takes action under
subsection (3) within the period of one month after the notice is lodged, the person is
entitled to registration immediately at the end of that period and no objection may be
taken to the notice on any of the grounds on which refusal or postponement may be
effected, except where fraud is involved.
page 16
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
21 Postponement of registration
(1) A local registration authority may postpone the grant of registration, if:
(a) any of the statements or information in the notice as required by section 18 are
materially false or misleading; or
(b) any document or information as required by section 18(3) has not been provided
or is materially false or misleading; or
(c) the circumstances of the person lodging the notice have materially changed
since the date of the notice or the date it was lodged; or
(d) the authority decides that the occupation in which registration is sought is not an
equivalent occupation.
(2) If the grant of registration has been postponed, the local registration authority may in
due course grant or refuse the registration.
(3) The local registration authority may not postpone the grant of registration for longer
than a period of 6 months, and the person is entitled to registration immediately, at
the end of that period, unless registration was refused at or before the end of that
period.
(4) Nothing in subsection (3) prevents earlier registration from being granted on a review
by the Australian Tribunal.
22 Refusal of registration
(1) A local registration authority may refuse the grant of registration, if:
(a) any of the statements or information in the notice as required by section 18 are
materially false or misleading; or
(b) any document or information as required by section 18(3) has not been provided
or is materially false or misleading; or
(c) the authority decides that the occupation in which registration is sought is not an
equivalent occupation and equivalence cannot be achieved by the imposition of
conditions.
(2) A decision to refuse to grant registration on the ground that the occupation in which
registration is sought is not an equivalent occupation takes effect at the end of a
specified period (not less than 2 weeks) after the person is notified of the decision,
unless it has been previously revoked or there is an application for review to the
Australian Tribunal, in which case the Tribunal may make whatever orders it
considers appropriate.
23 Notification of decision
A local registration authority must give the person who lodges a notice in accordance
with section 18 a notice in writing of its decision to grant registration, or to postpone
or refuse the grant of registration, or to impose conditions on registration.
Division 3--Interim arrangements
24 Deemed registration
(1) A person who lodges a notice under section 18 with a local registration authority of
an Australian jurisdiction is, pending the grant or refusal of registration, taken to be
registered as provided in section 19.
(2) Such registration is called deemed registration in this Act.
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(3) Deemed registration in one Australian jurisdiction does not of itself provide a basis
for registration in another Australian jurisdiction.
25 Duration of deemed registration
(1) A person's deemed registration in an Australian jurisdiction continues until it is
cancelled or suspended or otherwise ceases in accordance with this Part.
(2) A person's deemed registration in an Australian jurisdiction ceases if the person
becomes substantively registered in the jurisdiction in connection with the occupation
concerned.
(3) A person's deemed registration in an Australian jurisdiction ceases if the local
registration authority of the jurisdiction refuses to grant registration, subject to any
determination of the Australian Tribunal.
(4) A person's deemed registration in an Australian jurisdiction ceases if the person
ceases to be substantively registered in every other participating jurisdiction
mentioned in the notice as required by section 18(2)(c).
(5) A local registration authority of an Australian jurisdiction may cancel a person's
deemed registration in the jurisdiction if the person requests cancellation.
(6) Deemed registration is not affected by postponement of the grant of substantive
registration.
26 Activities under deemed registration
(1) A person who has deemed registration in an Australian jurisdiction may carry on the
occupation in the jurisdiction as if the deemed registration were substantive
registration in the jurisdiction.
(2) However, the person may do so only:
(a) within the limits conferred by the person's substantive registration in New
Zealand; and
(b) within the limits conferred by the person's deemed registration in the Australian
jurisdiction; and
(c) subject to any conditions or undertakings applying to the person's registration in
New Zealand, unless waived by the local registration authority of the Australian
jurisdiction under this section; and
(d) subject to any conditions applying to the person's deemed registration.
(3) Without limiting anything in this Division:
(a) the person may not carry on the occupation in the Australian jurisdiction
without complying with any requirements regarding insurance, fidelity funds,
trust accounts and the like that are designed to protect the public, clients,
customers or others; and
(b) a person who has deemed registration in an occupation in the Australian
jurisdiction is subject to any disciplinary provisions and arrangements that are
applicable to persons who are substantively registered in the jurisdiction; and
(c) references in the law of the Australian jurisdiction to persons registered in an
occupation under the law of the jurisdiction (however expressed) extend to
persons who have deemed registration for the occupation under this Act.
(4) However, the local registration authority of the Australian jurisdiction may waive any
condition imposed under the law of New Zealand, or any undertaking given to the
local registration authority of New Zealand, if it thinks it appropriate in the
circumstances.
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
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(5) The local registration authority of the Australian jurisdiction may impose conditions
as if deemed registration were substantive registration, but it must not impose
conditions that are more onerous than would be imposed in similar circumstances
(having regard to relevant qualifications and experience) if it were registration
effected apart from this Part, unless they correspond to conditions or undertakings
that apply to the person's registration in New Zealand or that are necessary to achieve
equivalence of occupations.
Division 4--Equivalent occupations
27 Equivalent occupations
The equivalence of occupations carried on in different participating jurisdictions is,
for the purposes of this Act, to be determined in accordance with this Part.
28 General principle
(1) An occupation for which persons may be registered in New Zealand is taken to be
equivalent to an occupation for which persons may be registered in an Australian
jurisdiction if the activities authorised to be carried out under each registration are
substantially the same (whether or not this result is achieved by means of the
imposition of conditions).
(2) Conditions may be imposed on registration under this Part so as to achieve
equivalence between occupations in different participating jurisdictions.
(3) This section has effect subject to any relevant declarations in force under this
Division.
29 Declarations as to equivalent occupations
(1) This Part is to be given effect in accordance with relevant declarations (if any) made
under this Division regarding equivalent occupations.
(2) If a declaration made by the Australian Tribunal under section 30 and a declaration
made by Ministers under section 31 are inconsistent, the ministerial declaration
prevails.
(3) A declaration under this Part does not affect the registration of any person already
registered (except in the case of a declaration made by the Australian Tribunal in
relation to that person specifically).
30 Declarations by Australian Tribunal
(1) On a review, the Australian Tribunal may make an order that a person who is
registered in a particular occupation in New Zealand is or is not entitled to
registration in an Australian jurisdiction in a particular occupation, and may specify
or describe conditions that will achieve equivalence.
(2) On a review, the Australian Tribunal may make a declaration that occupations carried
on in New Zealand and an Australian jurisdiction are not equivalent, but only if the
Australian Tribunal is satisfied that:
(a) the activities involved in the occupations are not substantially the same (even
with the imposition of conditions); or
(b) registration in New Zealand should not entitle registered persons to carry on a
particular activity or class of activity in an Australian jurisdiction, where:
(i) the activity or class of activity is a material part of the practice of a
person registered in New Zealand for the occupation; and
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(ii) the activity or class of activity, if carried out by a person not conforming
to the appropriate standards, could reasonably be expected to expose
persons in the Australian jurisdiction to a real threat to their health or
safety or could reasonably be expected to cause significant
environmental pollution (including air, water, noise or soil pollution);
and
(iii) it is not practicable to protect the health or safety of such persons from
that threat or the environment from such pollution by regulating the
manner in which services in the occupation are provided.
(3) The Registrar or other proper officer of the Australian Tribunal must cause a notice
setting out the terms of a declaration under this section to be promptly published in
the Commonwealth of Australia Gazette.
(4) A declaration made on the basis of paragraph (2)(b) has effect for no longer than
12 months, and the local registration authority must promptly notify appropriate
authorities in each other participating jurisdiction of the declaration.
(5) The local registration authority is to give effect to the decision on the review, and
must thereafter act in conformity with the decision in relation to other persons
seeking registration.
31 Declarations by Ministers
(1) A Minister from New Zealand and a Minister from each of one or more Australian
jurisdictions may jointly declare, by notice in the Commonwealth of Australia
Gazette, that specified occupations are equivalent, and may specify or describe
conditions that will achieve equivalence.
(2) The declaration may be amended or rescinded in the same way.
(3) The declaration has effect only in relation to the participating jurisdictions concerned.
(4) The appropriate local registration authority is to give effect to the declaration.
Division 5--General provisions
32 Disciplinary action
(1) If a person's registration in an occupation in New Zealand:
(a) is cancelled or suspended; or
(b) is subject to a condition;
on disciplinary grounds, or as a result of or in anticipation of criminal, civil or
disciplinary proceedings, then the person's registration in the equivalent occupation
in an Australian jurisdiction is affected in the same way.
(2) However, the local registration authority of the Australian jurisdiction may reinstate
any cancelled or suspended registration or waive any such condition if it thinks it
appropriate in the circumstances.
(3) This section extends to registration effected apart from this Act.
(4) This section has effect despite any other provisions of this Part.
33 Review of decisions
(1) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to
the Australian Tribunal for review of a decision of a local registration authority of an
Australian jurisdiction in relation to its functions under this Act.
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
(2) In subsection (1):
decision has the same meaning as in the Administrative Appeals Tribunal
Act 1975.
(3) If a local registration authority gives a person written notice of the making of a
decision referred to in subsection (1), the notice must include a statement to the effect
that:
(a) subject to the Administrative Appeals Tribunal Act 1975, application for review
of the decision may be made to the Australian Tribunal by a person whose
interests are affected by the decision; and
(b) except where subsection 28(4) of that Act applies, application may be made in
accordance with section 28 of that Act by or on behalf of that person for a
statement in writing setting out the findings on material questions of fact,
referring to the evidence or other material on which those findings were based,
and giving the reasons for the decision.
(4) Any failure to comply with a requirement of subsection (3) does not affect the
validity of the decision.
34 Costs
The Australian Tribunal may order a party in proceedings before it to pay costs if the
party has acted unreasonably.
35 Co-operation with and membership of Trans-Tasman Occupations Tribunal (NZ)
(1) The purpose of this section is to promote consistency between decisions made by the
Australian Tribunal for the purposes of this Act and decisions made by the New
Zealand Tribunal for the purposes of the New Zealand Act.
(2) In making decisions for the purposes of this Act, the Australian Tribunal is to have
regard to decisions of the New Zealand Tribunal.
(3) For the purposes of a review of a decision referred to in subsection 33(1) of this Act,
the President of the Australian Tribunal may, in the exercise of the power under
paragraph 20(1A)(b) of the Administrative Appeals Tribunal Act 1975, direct that the
persons who are to constitute the Australian Tribunal for the purposes of that review
include:
(a) the Chairperson of the New Zealand Tribunal; or
(b) a person included on the panel maintained under the New Zealand Act who is
nominated by the Chairperson of the New Zealand Tribunal for the purposes of
that review.
(4) The President of the Australian Tribunal must exercise the power given by
subsection (3) in accordance with arrangements made from time to time between the
President and the Chairperson of the New Zealand Tribunal.
(5) A reference in Part III, IIIA, IV or VI of the Administrative Appeals Tribunal
Act 1975 to a member includes a reference to a person included in a direction under
subsection (3).
(6) In spite of anything in any other Act, the Chairperson of the New Zealand Tribunal,
or a person included on the panel maintained under the New Zealand Act, is not
entitled to remuneration or allowances in respect of service as a member of the
Australian Tribunal as permitted by this Act.
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(7) Service by a member of the Australian Tribunal on the New Zealand Tribunal under
the New Zealand Act is taken for all purposes of Australian law to be service as a
member of the Australian Tribunal.
36 Residence or domicile
Residence or domicile in a particular participating jurisdiction is not to be a
prerequisite for or a factor in entitlement to the grant, renewal or continuation of
registration arising under this Part.
37 Furnishing information
(1) A local registration authority of an Australian jurisdiction must furnish without delay
any information reasonably required by a local registration authority of another
participating jurisdiction about a person substantively registered under a law of the
Australian jurisdiction.
(2) The obligation imposed under this section does not apply unless the authority of the
other participating jurisdiction notifies the authority of the firstmentioned jurisdiction
that the information is required in connection with:
(a) a notice lodged by a person seeking registration; or
(b) a person's deemed registration; or
(c) actual or possible disciplinary action against the person.
(3) The authority of the firstmentioned jurisdiction is empowered to provide the
information, despite any law relating to secrecy, confidentiality or privacy.
(4) Nothing in this section affects any obligation or power to provide information apart
from this section.
38 Receiving information
If a local registration authority of an Australian jurisdiction receives information
under section 37 of this Act or the corresponding provision of the New Zealand Act,
the information is subject to any law relating to secrecy, confidentiality or privacy
that would apply if the information were provided under the law of the jurisdiction
under which the authority is constituted or exercises its functions.
39 General responsibilities of local registration authorities
(1) It is the duty of each local registration authority of an Australian jurisdiction to
facilitate the operation of this Part in relation to the occupations for which the
authority is responsible, and in particular to make use of the power to impose
conditions in such a way as to promote the Trans-Tasman mutual recognition
principle.
(2) It is the duty of each local registration authority of an Australian jurisdiction to
prepare and make available guidelines and information regarding the operation of this
Part in relation to the occupations for which the authority is responsible.
(3) The first such guidelines and information are to be available within 6 months after the
commencement of this section.
(4) In dealing with information obtained or to be obtained under this Act, a local
registration authority of an Australian jurisdiction must have regard to the principles
relating to information privacy set out in Schedule 5.
(5) Nothing in subsection (4) or in Schedule 5:
(a) affects the operation or validity of any decision or other action taken under this
Act; or
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
(b) gives rise to, or can be taken into account in, any civil cause of action; or
(c) creates rights or duties that are enforceable in judicial or other proceedings.
40 Fees
(1) A local registration authority of an Australian jurisdiction has power to impose fees in
relation to substantive or deemed registration or the continuance of registration
arising under this Part, but any such fees may not be greater than are applicable for
registration apart from this Part.
(2) Nothing in this section prevents the fixing or prescribing of fees referred to in this
section under any other law of an Australian jurisdiction, but the fees may not be
greater than can be imposed under this section.
(3) The local registration authority may impose a condition on substantive or deemed
registration arising under this Part to the effect that a person may not carry out
activities under registration unless a fee or other payment has been paid, but such a
condition may not be imposed unless it corresponds to a requirement attaching to
registration apart from this Part.
(4) This section does not authorise the imposition of a tax.
41 Formalities requiring personal attendance
(1) Neither substantive or deemed registration, nor entitlement to registration, under this
Part requires compliance with any statutory or other formalities requiring personal
attendance in the Australian jurisdiction concerned.
(2) This section applies to formalities that would otherwise have to be complied with
before, at or after registration.
42 Saving
Nothing in this Part prevents a person from seeking registration or being registered
for an occupation under a law apart from this Part.
Part 4--Exclusions and exemptions
43 References to endorsing a proposed regulation
(1) For the purposes of this Part, 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.
(2) However, the making of a recommendation by a Minister to the Governor-General for
the making of a regulation amounts to endorsement of the regulation by the
Commonwealth, and the Commonwealth is taken to have endorsed the regulation for
the purposes of this Part if the regulation is in fact made.
44 Exclusions
(1) This Act does not affect laws of an Australian jurisdiction specified or described in
Schedule 1, to the extent that Schedule 1 indicates that they are excluded from the
operation of this Act.
(2) The Governor-General may make regulations amending Schedule 1.
(3) A regulation may not be made for the purposes of this section unless all of the then
participating jurisdictions have endorsed the regulation.
page 23
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(4) However:
(a) if such a regulation merely omits or reduces the extent of an exclusion of a law
of a State from Schedule 1, the regulation may be made if the State has endorsed
the regulation; or
(b) if such a regulation amends Part 2 of Schedule 1 by substituting or adding a law
of a State that relates to a matter referred to in paragraph (a), (b), (c) or (d) of
subclause 1(1) of Part 1 of that Schedule, the regulation may be made if the
State has endorsed the regulation.
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.
46 Temporary exemptions
(1) 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.
(2) 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 or under an Act or regulation of the
jurisdiction to be exempt from the operation of this Act.
(3) Any such exemptions have effect only if they are substantially for the purpose of
protecting the health and safety of persons in the jurisdiction or preventing,
minimising or regulating environmental pollution (including air, water, noise or soil
pollution) in the jurisdiction.
(4) No such exemption operates (together with the period of any previous exemption) for
longer than a period of 12 months or an aggregate period of 12 months.
47 Continuation of temporary exemptions to enable implementation of ministerial
agreements
(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.
page 24
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
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.
48 Special exemptions
(1) This Act does not affect the operation of laws of an Australian jurisdiction that relate
to goods and that are specified or described in Schedule 3, to the extent that Schedule
3 indicates that they are exempt from the operation of this Act.
(2) Such an exemption operates for no longer than a period of 12 months after the
commencement of this section, but may be extended in whole or in part by the
regulations from time to time by one or more further periods each not exceeding
12 months.
(3) A regulation may not be made for the purposes of subsection (2) if the exemption has
expired or has otherwise ceased to be in force.
(4) The Governor-General may make regulations amending Schedule 3 for the purposes
of subsection (2) or (6).
page 25
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(5) 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.
(6) However, if such a regulation merely omits any matter relating to an exemption that
has expired or has otherwise ceased to be in force, the regulation may be made if the
Commonwealth has endorsed the regulation.
49 Exemptions relating to occupations
(1) This Act does not affect the operation of laws of an Australian jurisdiction that relate
to occupations and that are specified or described in Schedule 4, to the extent that
Schedule 4 indicates that they are exempt from the operation of this Act.
(2) The Governor-General may make regulations amending Schedule 4.
(3) A regulation may not be made for the purposes of this section unless all of the then
participating jurisdictions have endorsed the regulation.
(4) However, if such a regulation amends Schedule 4 by omitting a law of a State, the
regulation may be made if the State has endorsed the regulation.
Part 5--General
50 References to participating jurisdictions
For the purposes of this Act, a participating jurisdiction is:
(a) New Zealand, while there is in force an Act of its Parliament that corresponds to
this Act; or
(b) the Commonwealth; or
(c) a State (other than a Territory) for which there is in force an Act of its
Parliament that refers to the Parliament of the Commonwealth the power to
enact this Act, or that adopts this Act, under paragraph (xxxvii) of section 51 of
the Commonwealth Constitution; or
(d) a Territory (being the Australian Capital Territory or the Northern Territory) for
which there is in force an Act of its legislature that requests the Parliament of
the Commonwealth to enact this Act or that enables this Act to apply in relation
to it.
51 Application of Trans-Tasman mutual recognition principle
(1) The Trans-Tasman mutual recognition principle and the provisions of this Act may be
taken into consideration in proceedings of any kind and for any purpose.
(2) Nothing in this Act or the Mutual Recognition Act 1992 prevents a person from
relying on the Trans-Tasman mutual recognition principle in relation to more than
one Australian jurisdiction.
52 Machinery provisions regarding limitations etc.
In cases where Part 3 provides that conditions or undertakings that apply or are
relevant to registration in New Zealand also apply or are relevant to registration in an
Australian jurisdiction, they are to be construed with any necessary adaptations,
including the following (where appropriate and so far as practicable):
(a) references to New Zealand are to be read as references to the Australian
jurisdiction;
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
(b) references to officers or authorities of New Zealand are to be read as references
to the corresponding officers or authorities of the Australian jurisdiction.
53 Determining place of production
(1) For the purpose of determining where goods are produced for the purposes of this
Act, goods are taken to be produced in New Zealand if the most recent step in the
process of producing the goods (including for example processing, harvesting or
packaging the goods) has occurred there.
(2) Subsection (1) applies even though:
(a) the process of production may be incomplete; or
(b) some steps in the process have not yet been carried out; or
(c) some steps in the process were carried out elsewhere; or
(d) the goods or a component of the goods were imported into New Zealand.
54 Commonwealth regulations for temporary exemptions
Without limiting any other power under any other Act, the Governor-General may
make regulations for the purposes mentioned in section 46.
page 27
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
Schedule 1--Exclusions
Note: See section 44.
Part 1--Introduction
1 Excluded laws
(1) The laws specified or described in this Schedule are excluded from the operation of
this Act, so far as they relate to:
(a) customs controls and tariffs--but only to the extent that the laws provide for the
imposition of tariffs and related measures (for example, anti-dumping and
countervailing duties) and the prohibition or restriction of imports; and
(b) intellectual property--but only to the extent that the laws provide for the
protection of intellectual rights and relate to requirements for the sale of goods
set out in section 11; and
(c) taxation and business franchises--but only to the extent that the laws relate to
taxes imposed on the sale of locally produced and imported goods in a
non-discriminatory way, including, for example, wholesale sales tax
(Commonwealth) and business franchise and stamp duties (States); and
(d) the implementation of international obligations--but only to the extent that the
laws implementing those obligations deal with the requirements relating to the
sale of goods set out in section 11.
(2) The laws specified or described in this Schedule are excluded only to the extent that
those laws would be affected by the Trans-Tasman mutual recognition principle as
applying to goods.
Part 2--Laws
2 Customs controls and tariffs (including laws relating to international obligations)
Prohibited imports
Customs (Prohibited Imports) Regulations of the Commonwealth
Commerce (Trade Descriptions) Act 1905 of the Commonwealth
Any other laws of the Commonwealth, to the extent that they provide
for the prohibition or restriction of imports and would be
affected by the Trans-Tasman mutual recognition principle as
applying to goods.
Tariffs
Customs Tariff Act 1995 of the Commonwealth
Customs Act 1901 of the Commonwealth, Part XVB
Customs Tariff (Anti-Dumping) Act 1975 of the Commonwealth
page 28
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
3 Intellectual property (including laws relating to the Paris Convention of 20 March 1983
for the Protection of Industrial Property)
Patents Act 1990 of the Commonwealth
Trade Marks Act 1995 of the Commonwealth
Designs Act 1906 of the Commonwealth
Olympic Insignia Protection Act 1987 of the Commonwealth
Scout Association Act 1924 of the Commonwealth
Plant Breeder's Rights Act 1994 of the Commonwealth
Copyright Act 1968 of the Commonwealth
Circuit Layouts Act 1989 of the Commonwealth
Sydney 2000 Games (Indicia and Images) Protection Act 1996 of the
Commonwealth
Unauthorised Documents Act 1922 of New South Wales
Unauthorized Documents Act 1958 of Victoria
Badge, Arms, Floral and other Emblems of Queensland Act 1959 of
Queensland
Armorial Bearings Protection Act 1979 of Western Australia
Unauthorised Documents Act 1916 of South Australia
Unauthorized Documents Act 1986 of Tasmania
City of Canberra Arms Act 1932 of the Australian Capital Territory
Flag and Emblem Act 1985 of the Northern Territory
4 Other international obligations
Wildlife Protection (Regulation of Exports and Imports) Act 1982 of
the Commonwealth, sections 21 and 22, to the extent that they
implement the Convention on International Trade in Endangered
Species of Wild Fauna and Flora
Hazardous Waste (Regulation of Exports and Imports) Act 1989 of the
Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24-31, 34 and
39, to the extent that they implement the Basel Convention on
the Control of Transboundary Movement of Hazardous Wastes
and their Disposal 1989
The following laws, to the extent that they implement the Charter of
the United Nations (as it relates to the imposition of United
Nations sanctions):
Charter of the United Nations Act 1945 of the Commonwealth,
section 6
Air Navigation Act 1920 of the Commonwealth, section 26
Banking Act 1959 of the Commonwealth, section 71
Migration Act 1958 of the Commonwealth, subsection 31(3),
paragraph 116(1)(g) and section 504
Customs Act 1901 of the Commonwealth, section 50
page 29
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
Protection of Movable Cultural Heritage Act 1986 of the
Commonwealth, to the extent that it implements the United
Nations Educational, Scientific and Cultural Organisation
(UNESCO) Convention Regulating the International Trade
in Cultural Property 1970
The following laws, to the extent that they implement the European
Union-Australia Wine Agreement--Protection of Certain Names
and Expressions:
Australian Wine and Brandy Corporation Act 1980 of the
Commonwealth, Part VIB and Part VIA (Label Integrity
Program)
Australian Wine and Brandy Corporation (Exports) Regulations
of the Commonwealth, Parts 3 and 4
5 Taxation and business franchises
Sales Tax Assessment Act 1992 of the Commonwealth
Sales Tax (Exemptions and Classifications) Act 1992 of the
Commonwealth
Laws of a State imposing or providing for the imposition,
assessment or collection of taxation, including stamp
duties, and providing for business licences.
page 30
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
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
Indecent material
Classification (Publications, Films and Computer Games) Act 1995
Ozone protection
Ozone Protection Act 1989
Agricultural and veterinary chemicals
Agricultural and Veterinary Chemicals Act 1994
Agricultural and Veterinary Chemicals Code Act 1994
page 31
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
Other
Imported Food Control Act 1992 (to the extent that it deals with risk
categorised food commodities)
4 New South Wales
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
Indecent material
Classification (Publications, Films and Computer Games) Enforcement
Act 1995
Ozone protection
Ozone Protection Act 1989
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
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)
6 Queensland
Firearms and other prohibited or offensive weapons
Weapons Act 1990
Fireworks
Explosives Act 1952 (to the extent that it deals with fireworks)
page 32
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
Gaming machines
Gaming Machine Act 1991
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)
7 Western Australia
Firearms and other prohibited or offensive weapons
Firearms Act 1973
Fireworks
Explosives and Dangerous Goods Act 1961 (to the extent that it deals with
fireworks)
Gaming machines
Gaming Commission Act 1987
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)
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
Indecent material
Classification (Publications, Films and Computer Games) Act 1995
Summary Offences Act 1953, sections 33 and 35
page 33
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
Ozone protection
Environment Protection Act 1993, Part 8, Division 3
Other
Environment Protection Act 1993, Part 8, Division 2 (dealing with
beverage containers)
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)
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)
10 Australian Capital Territory
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
Indecent material
Business Franchise "X" Videos) Act 1990
Classification (Publications, Films and Computer Games) (Enforcement)
Act 1995
Ozone protection
Ozone Protection Act 1991
page 34
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
11 Northern Territory
Firearms and other prohibited or offensive weapons
Firearms Act 1992
Fireworks
Dangerous Goods Act 1980 (to the extent that it deals with fireworks)
Gaming machines
Gaming Control Act 1993
Indecent material
Classification of Publications and Films Act 1985
Ozone protection
Ozone Protection Act 1990
page 35
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
Schedule 3--Special exemptions
Note: See section 48.
The laws specified or described in this Schedule are exempt from the operation of this
Act.
1 Therapeutic goods
Therapeutic Goods Act 1989 of the Commonwealth
Therapeutic Goods (Charges) Act 1989 of the Commonwealth
The following laws are exempt, to the extent that they deal with packaging and
labelling of pharmaceutical drugs and would be affected by Part 2 of this
Act:
Poisons and Therapeutic Goods Act 1966 of New South Wales
Drugs, Poisons and Controlled Substances Act 1981 of Victoria
Therapeutic Goods (Victoria) Act 1994 of Victoria
Poisons Regulation 1973 under the Health Act 1937 of Queensland
Poisons Act 1964 of Western Australia
Controlled Substances Act 1984 of South Australia
Poisons Act 1971 of Tasmania
Poisons and Dangerous Drugs Act 1983 of the Northern Territory
Poisons and Drugs Act 1978 of the Australian Capital Territory
2 Hazardous substances, industrial chemicals and dangerous goods
The following laws, to the extent that they deal with packaging and labelling of
hazardous substances, industrial chemicals and dangerous goods and
would be affected by Part 2 of this Act:
Poisons and Therapeutic Goods Act 1966 of New South Wales
Drugs, Poisons and Controlled Substances Act 1981 of Victoria
Poisons Regulation 1973 under the Health Act 1937 of Queensland
Controlled Substances Act 1984 of South Australia
Poisons Act 1964 of Western Australia
Poisons Act 1971 of Tasmania
Poisons and Dangerous Drugs Act of the Northern Territory
Poisons and Drugs Act 1978 of the Australian Capital Territory
The following laws:
Industrial Chemicals (Notification and Assessment) Act 1989 of the
Commonwealth
Occupational Health and Safety (Commonwealth Employment) Act 1991
of the Commonwealth
Occupational Health and Safety (Commonwealth Employment) (National
Standards) Regulations of the Commonwealth
Road Transport Reform (Dangerous Goods) Act 1995 of the
Commonwealth
Work Health Act 1986 of the Northern Territory
page 36
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
Work Health (Occupational Health and Safety) Regulations 1992 of the
Northern Territory
Dangerous Goods Act 1980 of the Northern Territory
Dangerous Goods Regulations 1980 of the Northern Territory
Occupational Safety and Health Act 1984 of Western Australia
Occupational Safety and Health Regulations 1988 of Western Australia
Explosives and Dangerous Goods Act 1961 of Western Australia
Dangerous Goods Regulations 1992 of Western Australia
Explosives Regulations 1963 of Western Australia
Occupational Health and Safety Act 1983 of New South Wales
Occupational Health and Safety (Hazardous Substances) Regulation 1996
of New South Wales
Dangerous Goods Act 1975 of New South Wales
Dangerous Goods Regulation 1978 of New South Wales
Dangerous Goods (Gas Installations) Regulation 1982 of New South
Wales
Dangerous Goods Act 1985 of Victoria
Dangerous Goods Act 1976 of Tasmania
Factories, Shops and Industries Act 1962 of New South Wales
Dangerous Substances Act 1979 of South Australia
Occupational Health, Safety and Welfare Act 1986 of South Australia
Occupational Health, Safety and Welfare Regulations 1995 of South
Australia
Occupational Health and Safety Act 1985 of Victoria
Regulations under the Occupational Health and Safety Act 1985 of
Victoria
Workplace Health and Safety Act 1995 of Queensland
Workplace Health and Safety Regulation 1989 of Queensland
Workplace Health and Safety Regulation 1995 of Queensland
Workplace Health and Safety (Hazardous Substances) Compliance
Standard 1995 of Queensland
Workplace Health and Safety (Lead) Compliance Standard 1995 of
Queensland
Workplace Health and Safety Act 1995 of Tasmania
Occupational Health and Safety Act 1989 of the Australian Capital
Territory
Occupational Health and Safety Regulations of the Australian Capital
Territory
Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V, to
the extent that it relates to the regulation of the following goods or
issues in relation to goods:
(i) child restraints for motor vehicles;
(ii) sunglasses and fashion spectacles;
page 37
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(iii) health warnings on tobacco products
Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38, to
the extent that those sections relate to the regulation of the following
goods:
(i) child restraints for motor vehicles;
(ii) sunglasses and fashion spectacles
Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A, to the
extent that those sections relate to the regulation of the following
goods:
(i) child restraints for motor vehicles;
(ii) sunglasses and fashion spectacles
Trade Standards Act 1979 of South Australia, sections 23, 26A and 33, to
the extent that those sections relate to the regulation of sunglasses
and fashion spectacles
Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and
23U, to the extent that those sections relate to the regulation of the
following goods:
(i) child restraints for motor vehicles;
(ii) sunglasses and fashion spectacles
Fair Trading Act 1987 of Western Australia, sections 50 and 59, to the
extent that those sections relate to the regulation of the following
goods:
(i) child restraints for motor vehicles;
(ii) sunglasses and fashion spectacles
3 Radiocommunications devices
Radiocommunications Act 1992 of the Commonwealth, other than Division 7 of
Part 4.1 of that Act to the extent that the Division deals with labelling a
device in accordance with the Radiocommunications (Compliance
Labelling -- Incidental Emissions) Notice 2001 made under section 182
of that Act.
Note: The Radiocommunications (Compliance Labelling -- Incidental Emissions)
Notice 2001 applies to devices to which the Radiocommunications
(Electromagnetic Compatibility) Standard 2001 applies.
4 Road vehicles
Motor Vehicle Standards Act 1989 of the Commonwealth
5 Gas appliances
Gas Act 1986 of New South Wales
Gas Supply Act 1996 of New South Wales
Gas and Fuel Corporation Act 1958 of Victoria
Gas Industry Act 1994 of Victoria
Gas Act 1965 of Queensland
Gas Standards Act 1972 of Western Australia, to the extent that it relates to
regulation of gas appliances
Gas Act 1988 of South Australia
page 38
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
Dangerous Goods Act 1976 of Tasmania, to the extent that it relates to regulation
of gas appliances
Dangerous Goods Act 1980 of the Northern Territory, to the extent that it relates
to regulation of gas appliances
Gas Act 1992 of the Australian Capital Territory, to the extent that it relates to
regulation of gas appliances
Dangerous Goods Act 1984 of the Australian Capital Territory, to the extent that
it relates to regulation of gas appliances
page 39
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
Schedule 4--Exempt laws relating to
occupations
Note: See section 49.
1 Exempt laws
The laws specified or described in this Schedule are exempt from the operation of this Act
to the extent indicated.
2 Medical practitioners
The following laws, to the extent that they deal with the occupation of medical
practitioners as referred to in them:
Medical Practice Act 1992 of New South Wales;
Medical Practice Act 1994 of Victoria;
Medical Act 1939 of Queensland;
Medical Act 1894 of Western Australia;
Medical Practitioners Act 1983 of South Australia;
Medical Practitioners Registration Act 1996 of Tasmania;
Medical Practitioners Act 1930 of the Australian Capital Territory;
Medical Act 1995 of the Northern Territory.
page 40
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
Schedule 5--Privacy of information collected
under the Act
Note: See section 39.
Part 1--Interpretation
1 Interpretation
In this Schedule:
consent means express consent or implied consent.
individual means a natural person.
individual concerned, in relation to personal information or a record of personal
information, means the individual to whom the information relates.
personal information means information or an opinion (including information or
an opinion forming part of a database), whether true or not, and whether recorded
in a material form or not, about an individual whose identity is apparent, or can
reasonably be ascertained, from the information or opinion.
record means:
(a) a document; or
(b) a database (however kept); or
(c) a photograph or other pictorial representation of a person;
but does not include:
(d) a generally available publication; or
(e) anything kept in a library, art gallery or museum for the purposes of
reference, study or exhibition; or
(f) letters or other articles in the course of transmission by post.
solicit, in relation to personal information, means request a person to provide that
information, or a kind of information in which that information is included.
use, in relation to information, does not include mere disclosure of the
information, but does include the inclusion of the information in a publication.
Part 2--Principles
2 Solicitation of personal information from individual concerned
Where:
(a) a local registration authority collects personal information under this Act; and
(b) the information is solicited by the authority from the individuals concerned;
the authority must ensure that the forms issued to individuals in connection with
collecting the information specify:
(c) the purpose for which the information is being collected; and
page 41
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Note Commonwealth Trans-Tasman Mutual Recognition Act 1997
(d) any person to whom, or any body or agency to which, it is the authority's usual
practice to disclose personal information of the kind so collected, and (if known
by the authority) any person to whom, or any body or agency to which, it is the
usual practice of that first-mentioned person, body or agency to pass on that
information.
3 Storage and security of personal information
A local registration authority who has possession or control of a record that contains
personal information must ensure:
(a) that the record is protected, by such security safeguards as it is reasonable in the
circumstances to take, against loss, against unauthorised access, use,
modification or disclosure, and against other misuse; and
(b) that if it is necessary for the record to be given to a person in connection with
the provision of a service to the local registration authority, everything
reasonably within the power of the authority is done to prevent unauthorised use
or disclosure of information contained in the record.
4 Limits on use of personal information
(1) A local registration authority who has possession or control of a record that contains
personal information that was obtained under this Act for a particular purpose must
not use the information for any other purpose unless:
(a) the individual concerned has consented to use of the information for that other
purpose; or
(b) use of the information for that other purpose is required or authorised by or
under law; or
(c) use of the information for that other purpose is reasonably necessary for
enforcement of the criminal law or of a law imposing a pecuniary penalty, or for
the protection of the public revenue.
(2) Where personal information is used for enforcement of the criminal law or of a law
imposing a pecuniary penalty, or for the protection of the public revenue, the local
registration authority must include in the record containing that information a note of
that use.
5 Limits on disclosure for personal information
(1) A local registration authority who has possession or control of a record that contains
personal information must not disclose the information to a person, body or agency
(other than the individual concerned) unless:
(a) the individual concerned is reasonably likely to have been aware, or made aware
under the principle set out in clause 2, that information of that kind is usually
passed to that person, body or agency; or
(b) the individual concerned has consented to the disclosure; or
(c) the disclosure is required or authorised by or under law; or
(d) the disclosure is reasonably necessary for the enforcement of the criminal law or
of a law imposing a pecuniary penalty, or for the protection of the public
revenue.
(2) Where personal information is disclosed for the purposes of enforcement of the
criminal law or of a law imposing a pecuniary penalty, or for the purpose of the
protection of the public revenue, the local registration authority must include in the
record containing that information a note of the disclosure.
page 42
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002
Commonwealth Trans-Tasman Mutual Recognition Act 1997 Note
(3) A person, body or agency to whom personal information is disclosed under
subclause (1) must not use or disclose the information for a purpose other than the
purpose for which the information was given to the person, body or agency.
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