{"id":"a-1997-30","name":"Trans-Tasman Mutual Recognition Act 1997","slug":"trans-tasman-mutual-recognition-act-1997","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"30 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24492,"registerId":"act-a-1997-30-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n3 Termination of Act\n(1) The Chief Minister may, in writing, fix a day when this Act is to\nexpire.\n(2) The day must not be earlier than 12 months after the day the\ninstrument is notified under the Legislation Act 2001.\n(3) This Act expires on the day fixed by the Chief Minister.\n(4) An instrument under subsection (1) is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n\nSection 4\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Meaning of Commonwealth Act\nIn this Act:\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act 2001, s 155).\nCommonwealth Act means the Act of the Parliament of the\nCommonwealth, enacted as referred to in section 5 (1), and as\namended and in force from time to time.\n5 Request for Commonwealth legislation\n(1) The Legislative Assembly requests the enactment by the Parliament\nof the Commonwealth of an Act in, or substantially in, the terms set\nout in schedule 1 and, subject to subsection (2), the continuation in\nforce of the Act when so enacted.\n(2) The Legislative Assembly requests the Parliament of the\nCommonwealth to amend the Commonwealth Act (other than the\nschedules) but only in terms that are approved by the designated\nperson for each of the then participating jurisdictions.\n(3) For this section, a participating jurisdiction is—\n(a) a State for which there is in force an Act of its Parliament that\nrefers to the Parliament of the Commonwealth, to the extent to\nwhich they are not otherwise included in the legislative powers\nof the Parliament of the Commonwealth, matters to which\nschedule 1 relates, or that adopts the Commonwealth Act,\nunder the Constitution, section 51 (37); or\n(b) the ACT or the Northern Territory (while there is in force an\nAct of the Legislative Assembly of the Northern Territory that\nrequests the Parliament of the Commonwealth to enact the\nCommonwealth Act or that enables the Commonwealth Act to\napply in relation to the Northern Territory).\n\nSection 6\npage 4 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) For this section, the designated person for the ACT is the Chief\nMinister, for a State is the Governor and for the Northern Territory\nis the Administrator.\n6 Approval of amendments of Cwlth Act\n(1) For section 5 (2), the Chief Minister may, in writing, approve the\nterms of amendments of the Commonwealth Act.\n(2) An approval is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n","sortOrder":0},{"sectionNumber":"6A","sectionType":"section","heading":"Endorsement of Cwlth regulations","content":"6A Endorsement of Cwlth regulations\n(1) The Chief Minister may, in writing, endorse a proposed\nCommonwealth regulation for the Commonwealth Act, section 44,\n45, 47, 48 or 49.\n(2) An endorsement is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act 2001.\n7 Presentation of certain instruments to Legislative\nAssembly\nThe Chief Minister must present each of the following instruments\nto the Legislative Assembly within 5 sitting days after the day it is\nnotified under the Legislation Act 2001:\n(a) an instrument under section 3 (Termination of Act) fixing a\nday when this Act is to expire;\n(b) an approval under section 6 of the terms of amendments of the\nCommonwealth Act;\n(c) an endorsement under section 6A of a proposed\nCommonwealth regulation.\n\nSection 8\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Regulations for temporary exemptions for goods\nWithout limiting any other power to make regulations under any\nother Act, the Executive may make regulations for the purposes\nmentioned in the Commonwealth Act, section 46.\n\nSchedule 1\npage 6 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1\n(see s 5 (1))\nTrans-Tasman Mutual Recognition Bill\n1997\nA Bill for\nAn Act relating to the recognition within Australia of regulatory standards\nadopted in New Zealand regarding goods and occupations\nThe Parliament of Australia enacts:\n\nSchedule 1\nPreliminary Part 1\nClause 1\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Trans-Tasman Mutual Recognition Act\n1997.\n2 Commencement\n(1) This Part commences on the day on which this Act receives the\nRoyal Assent.\n(2) The remaining provisions of this Act commence on a day or days to\nbe fixed by Proclamation.\n3 Principal purpose\n(1) The principal purpose of this Act is to enact legislation authorised\nby the Parliaments of States under paragraph (xxxvii) of section 51\nof the Commonwealth Constitution, and requested by the\nlegislatures of the Australian Capital Territory and the Northern\nTerritory, for the purpose of recognising within Australia regulatory\nstandards adopted in New Zealand regarding goods and occupations.\n(2) The legislation is as contemplated by the Trans-Tasman Mutual\nRecognition Arrangement entered into on 9 July 1996 between the\nCommonwealth of Australia, New Zealand, the States of New South\nWales, Victoria, Queensland, Western Australia, South Australia\nand Tasmania, the Australian Capital Territory and the Northern\nTerritory.\n4 Interpretation\n(1) In this Act, unless the contrary intention appears—\nAustralia means Australia in a geographical sense, and does not\ninclude the external territories.\n\nSchedule 1\nPart 1 Preliminary\nClause 4\npage 8 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian jurisdiction means a participating jurisdiction, other than\nNew Zealand.\nAustralian Tribunal means the Administrative Appeals Tribunal or\na successor to that body.\nconditions, when used in relation to occupations, means conditions,\nlimitations or restrictions.\ndeemed registration means deemed registration as defined in\nsection 24.\ndesignated person means—\n(a) for New Zealand—a Minister of the Crown for New Zealand;\n(b) for the Commonwealth—the Governor-General of Australia;\n(c) for a State (other than a Territory)—the Governor of the State\nor a Minister of the Crown for the State;\n(d) for the Australian Capital Territory—the Chief Minister of the\nTerritory; or\n(e) for the Northern Territory—the Administrator of the Territory.\nequivalent, when used in relation to occupations, has a meaning\naffected by Division 4 of Part 3.\ngoods means goods of any kind, and includes—\n(a) animals or plants;\n(b) material of microbial origin;\n(c) a package containing goods; or\n(d) a label attached to goods.\ngrant, when used in relation to registration, means grant, issue or\notherwise confer registration.\nimport into an Australian jurisdiction means import from outside\nAustralia.\n\nSchedule 1\nPreliminary Part 1\nClause 4\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nlabelling of goods includes any means by which, at the point of sale,\ninformation is attached to goods or is displayed in relation to goods\nwithout being attached to them.\nlocal registration authority of a participating jurisdiction for an\noccupation means the person or authority in the jurisdiction having\nthe function conferred by legislation of registering persons in\nconnection with their carrying on that occupation in the jurisdiction.\nNew Zealand has the meaning given by the Acts Interpretation Act\n1924 of New Zealand, as in force from time to time.\nNew Zealand Act means the Act of the Parliament of New Zealand\n(as amended and in force from time to time) that deals with\nTrans-Tasman mutual recognition and corresponds to this Act, and\nincludes any Act replacing that Act (as amended and in force from\ntime to time).\nNew Zealand Tribunal means the Trans-Tasman Occupations\nTribunal of New Zealand or a successor to that body.\noccupation means an occupation, trade, profession or calling of any\nkind that may be carried on only by registered persons, where\nregistration is wholly or partly dependent on the attainment or\npossession of some qualification (for example, training, education,\nexamination, experience, character or being fit or proper), and\nincludes a specialisation in any of the above in which registration\nmay be granted.\nparticipating jurisdiction has the meaning given by section 50.\nproduce includes to manufacture, and also includes to harvest or\notherwise produce in the course of any form of primary production.\nregistration includes the licensing, approval, admission,\ncertification (including by way of practising certificates), or any\nother form of authorisation, of a person required by or under\nlegislation for carrying on an occupation.\n\nSchedule 1\nPart 1 Preliminary\nClause 5\npage 10 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nrequirements, when used in relation to goods, means requirements,\nprohibitions, restrictions or conditions.\nsell includes sell by wholesale or retail, and includes distribute for\nsale, expose or offer for sale or have in possession for sale or agree\nto sell, and includes barter, and includes supply by way of exchange,\nlease, hire or hire-purchase.\nState includes the Australian Capital Territory and the Northern\nTerritory.\nsubstantive registration means registration under a law of a\nparticipating jurisdiction, but does not include deemed registration.\n(2) A law specified or described in a Schedule to this Act includes\n(unless otherwise stated in the Schedule) any relevant regulations or\nother statutory instruments under that law.\n(3) A law specified or described in a Schedule to this Act, including any\nrelevant regulations or other statutory instruments under that law,\nincludes (unless otherwise stated in the Schedule) any amendment\nor replacement of that law, but only to the extent that the effect of\nthe amendment or replacement does not restrict the scope of this\nAct.\n(4) A reference in this Act to the designated person is, in relation to a\nparticipating jurisdiction for which there is or can be more than one\ndesignated person, a reference to any one of them.\n(5) This Act is to be interpreted in accordance with the Acts\nInterpretation Act 1901 as in force at the date on which this Act\nreceives the Royal Assent.\n5 Operation of this Act in relation to the Commonwealth\n(1) Subject to this section—\n(a) this Act has effect despite anything in any other law of the\nCommonwealth enacted or made before the commencement of\nthis section; and\n\nSchedule 1\nPreliminary Part 1\nClause 6\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any law of the Commonwealth enacted or made after the\ncommencement of this section is to be construed as having\neffect subject to this Act, except where that law expressly\noverrides this Act.\n(2) Subject to subsection 51 (2), nothing in this Act affects the\noperation of the Mutual Recognition Act 1992.\n6 Operation of this Act in relation to the States\n(1) This Act applies to a State, but only while it is a participating\njurisdiction.\n(2) Accordingly, a reference in this Act to a State is a reference to a\nState that is a participating jurisdiction, and this Act does not affect\nthe operation of the laws of a State that is not a participating\njurisdiction.\n(3) This Act does not affect the operation of a law of a State so far as it\ncan operate concurrently with this Act.\n7 Operation of this Act in relation to New Zealand\n(1) The Governor-General may declare by Proclamation that this Act\nwill cease to have effect on a specified day, if satisfied that—\n(a) New Zealand is not a participating jurisdiction and is not likely\nto become a participating jurisdiction in the near future; or\n(b) New Zealand is a participating jurisdiction but is likely to\ncease to be a participating jurisdiction in the near future.\n(2) Such a Proclamation cannot be made unless the designated person\nfor each of the participating jurisdictions (other than New Zealand\nand the Commonwealth) has published a notice in the official\ngazette of the jurisdiction requesting the making of the\nProclamation.\n\nSchedule 1\nPart 1 Preliminary\nClause 8\npage 12 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Such a Proclamation is effective according to its terms.\n8 Crown bound\nSubject to section 6, this Act binds the Crown in right of the\nCommonwealth and of each of the States.\n\nSchedule 1\nGoods Part 2\nClause 9\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Goods\n9 Trans-Tasman mutual recognition principle\n(1) The Trans-Tasman mutual recognition principle as applying to\ngoods is as set out in this Part.\n(2) This Part deals with goods produced in or imported into New\nZealand and their sale in Australia.\n10 Entitlement to sell goods\nThe Trans-Tasman mutual recognition principle is that, subject to\nthis Part, goods produced in or imported into New Zealand, that may\nlawfully be sold in New Zealand, either generally or in particular\ncircumstances, may, by virtue of this Act, be sold in an Australian\njurisdiction either generally or in particular circumstances (as the\ncase may be), without the necessity for compliance with further\nrequirements imposed by or under the law of that jurisdiction as\ndescribed in section 11.\n11 Requirements that do not need to be complied with\nThe further requirements referred to in section 10 are any one or\nmore of the following requirements relating to sale that are imposed\nby or under the law of the Australian jurisdiction concerned:\n(a) a requirement that the goods satisfy standards of the\njurisdiction relating to the goods themselves, including for\nexample requirements relating to their production,\ncomposition, quality or performance;\n(b) a requirement that the goods satisfy standards of the\njurisdiction relating to the way the goods are presented,\nincluding for example requirements relating to their packaging,\nlabelling, date stamping or age;\n\nSchedule 1\nPart 2 Goods\nClause 12\npage 14 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a requirement that the goods be inspected, passed or similarly\ndealt with in or for the purposes of the jurisdiction;\n(d) a requirement that any step in the production of the goods not\noccur outside the jurisdiction;\n(e) any other requirement relating to sale that would prevent or\nrestrict, or would have the effect of preventing or restricting,\nthe sale of the goods in the jurisdiction.\n12 Requirements that do need to be complied with\n(1) The Trans-Tasman mutual recognition principle is subject to the\nexceptions specified in this section.\n(2) The first exception is that the principle does not affect the operation\nof any laws of an Australian jurisdiction that regulate the manner of\nthe sale of goods in the jurisdiction or the manner in which sellers\nconduct or are required to conduct their business in the jurisdiction\n(including laws set out in the examples below), so long as those\nlaws apply equally to goods produced in or imported into the\njurisdiction.\nExamples: Laws relating to the following:\n(a) the contractual aspects of the sale of goods;\n(b) the registration of sellers or other persons carrying on\noccupations;\n(c) the requirement for business franchise licences;\n(d) the persons to whom goods may or may not be sold;\n(e) the circumstances in which goods may or may not be sold.\n(3) The second exception is that the principle does not affect the\noperation of any laws of an Australian jurisdiction regarding the\ntransportation, storage or handling of goods within the jurisdiction,\nso long as—\n\nSchedule 1\nGoods Part 2\nClause 13\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(a) those laws apply equally to goods produced in or imported into\nthe jurisdiction; and\n(b) those laws are directed at matters affecting health and safety of\npersons in the jurisdiction or at preventing, minimising or\nregulating environmental pollution (including air, water, noise\nor soil pollution) in the jurisdiction.\n(4) The third exception is that the principle does not affect the operation\nof any laws of an Australian jurisdiction regarding the inspection of\ngoods within the jurisdiction, so long as—\n(a) inspection or the requirement for inspection is not a\nprerequisite to the sale of the goods in the jurisdiction;\n(b) those laws apply equally to goods produced in or imported into\nthe jurisdiction; and\n(c) those laws are directed at matters affecting the health and\nsafety of persons in the jurisdiction or at preventing,\nminimising or regulating environmental pollution (including\nair, water, noise or soil pollution) in the jurisdiction.\n","sortOrder":1},{"sectionNumber":"13","sectionType":"section","heading":"Defences to offences regarding sale","content":"13 Defences to offences regarding sale\n(1) It is a defence to a prosecution for an offence against a law of an\nAustralian jurisdiction in relation to the sale of any goods if the\ndefendant expressly claims that the Trans-Tasman mutual\nrecognition principle applies and establishes that—\n(a) the goods were labelled at the point of sale with a statement to\nthe effect that the goods were produced in or imported into\nNew Zealand; and\n(b) the defendant had no reasonable grounds for suspecting that\nthey were not so produced or imported.\n\nSchedule 1\nPart 2 Goods\nClause 14\npage 16 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The defence is not available if the prosecution proves that the\nTrans-Tasman mutual recognition principle did not apply in the\ncircumstances of the alleged offence (because for example the goods\ndid not comply with requirements imposed by the law of New\nZealand).\n(3) Any relevant presumptions or evidentiary procedures under the law\nof New Zealand are available to the prosecution or defendant in\nrelation to matters sought to be proved by the prosecution under\nsubsection (2).\n(4) Any relevant defences under the law of New Zealand are available\nto the defendant in relation to matters sought to be proved by the\nprosecution under subsection (2).\n(5) This section does not affect any defence that is available apart from\nthis section.\n","sortOrder":2},{"sectionNumber":"14","sectionType":"section","heading":"Goods that comply with local law","content":"14 Goods that comply with local law\nNothing in this Part prevents goods from being sold in an Australian\njurisdiction if (apart from this Act) they comply with the relevant\nrequirements of the law in force in the jurisdiction.\n\nSchedule 1\nOccupations Part 3\nClause 15\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Occupations\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Preliminary","content":"Division 1 Preliminary\n","sortOrder":4},{"sectionNumber":"15","sectionType":"section","heading":"Trans-Tasman mutual recognition principle","content":"15 Trans-Tasman mutual recognition principle\n(1) The Trans-Tasman mutual recognition principle as applying to\noccupations is as set out in this Part.\n(2) This Part deals with the ability of a person who is registered in\nconnection with an occupation in New Zealand to carry on an\nequivalent occupation in Australia.\n","sortOrder":5},{"sectionNumber":"16","sectionType":"section","heading":"Entitlement to carry on occupation","content":"16 Entitlement to carry on occupation\n(1) The Trans-Tasman mutual recognition principle is that, subject to\nthis Part, a person who is registered in New Zealand for an\noccupation is, by virtue of this Act, entitled after notifying the local\nregistration authority of an Australian jurisdiction for the equivalent\noccupation—\n(a) to be registered in the jurisdiction for the equivalent\noccupation; and\n(b) pending such registration, to carry on the equivalent\noccupation in the jurisdiction.\n(2) However, the Trans-Tasman mutual recognition principle is subject\nto the exception that it does not affect the operation of laws that\nregulate the manner of carrying on an occupation in an Australian\njurisdiction, so long as those laws—\n(a) apply equally to all persons carrying on or seeking to carry on\nthe occupation under the law of the jurisdiction; and\n(b) are not based on the attainment or possession of some\nqualification or experience relating to fitness to carry on the\noccupation.\n\nSchedule 1\nPart 3 Occupations\nClause 17\npage 18 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":6},{"sectionNumber":"17","sectionType":"section","heading":"Application of this Part","content":"17 Application of this Part\n(1) This Part applies to individuals and occupations carried on by them.\n(2) This Part extends to an occupation carried on by an individual,\nwhere the individual is subject to more than one system of\nregistration or more than one local registration authority in a\nparticipating jurisdiction, and accordingly this Part applies in\nrelation to each such system of registration and each such authority.\n(3) Without limiting subsection (2), an example of such an occupation\nis that of a legal practitioner, which involves both the admission as a\nlegal practitioner by a court and the issue of a practising certificate\nby another body.\n","sortOrder":7},{"sectionNumber":"Div 2","sectionType":"division","heading":"Entitlement to registration","content":"Division 2 Entitlement to registration\n","sortOrder":8},{"sectionNumber":"18","sectionType":"section","heading":"Notification to local registration authority","content":"18 Notification to local registration authority\n(1) A person who is registered in New Zealand for an occupation may\nlodge a written notice with the local registration authority of an\nAustralian jurisdiction for the equivalent occupation, seeking\nregistration for the equivalent occupation in accordance with the\nTrans-Tasman mutual recognition principle.\n(2) The notice must—\n(a) state that the person is registered for the occupation in New\nZealand;\n(b) state the occupation for which registration is sought and that it\nis being sought in accordance with the Trans-Tasman mutual\nrecognition principle;\n(c) specify all the participating jurisdictions in which the person\nhas substantive registration for equivalent occupations;\n\nSchedule 1\nOccupations Part 3\nClause 18\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) state that the person is not the subject of disciplinary\nproceedings in any participating jurisdiction (including any\npreliminary investigations or action that might lead to\ndisciplinary proceedings) in relation to those occupations;\n(e) state that the person's registration in any participating\njurisdiction is not cancelled or currently suspended as a result\nof disciplinary action;\n(f) state that the person is not otherwise personally prohibited\nfrom carrying on any such occupation in any participating\njurisdiction, and is not subject to any special conditions in\ncarrying on that occupation, as a result of criminal, civil or\ndisciplinary proceedings in any participating jurisdiction;\n(g) specify any special conditions to which the person is subject in\ncarrying on any such occupation in any participating\njurisdiction; and\n(h) give consent to the making of inquiries of, and the exchange of\ninformation with, the authorities of any participating\njurisdiction regarding the person’s activities in the relevant\noccupation or occupations or otherwise regarding matters\nrelevant to the notice.\n(3) The notice must be accompanied by a document that is either the\noriginal or a copy of the instrument evidencing the person’s existing\nregistration (or, if there is no such instrument, by sufficient\ninformation to identify the person and the person’s registration).\n(4) As regards the instrument evidencing the person’s existing\nregistration, the person must certify in the notice that the\naccompanying document is the original or a complete and accurate\ncopy of the original.\n(5) The statements and other information in the notice must be verified\nby statutory declaration.\n\nSchedule 1\nPart 3 Occupations\nClause 19\npage 20 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The local registration authority may permit the notice to be amended\nafter it is lodged.\n","sortOrder":9},{"sectionNumber":"19","sectionType":"section","heading":"Entitlement to registration and continued registration","content":"19 Entitlement to registration and continued registration\n(1) A person who lodges a notice under section 18 with a local\nregistration authority of an Australian jurisdiction is entitled to be\nregistered in the equivalent occupation, as if the law of the\njurisdiction that deals with registration expressly provided that\nregistration in New Zealand is a sufficient ground of entitlement to\nregistration.\n(2) The local registration authority may grant registration on that\nground and may grant renewals of such registration.\n(3) Once a person is registered on that ground, the entitlement to\nregistration continues, whether or not registration (including any\nrenewal of registration) ceases in New Zealand.\n(4) Continuance of registration is otherwise subject to the laws of the\njurisdiction, to the extent to which those laws—\n(a) apply equally to all persons carrying on or seeking to carry on\nthe occupation under the law of the jurisdiction; and\n(b) are not based on the attainment or possession of some\nqualification or experience relating to fitness to carry on the\noccupation.\n(5) The local registration authority may impose conditions on\nregistration, but may not impose conditions that are more onerous\nthan would be imposed in similar circumstances (having regard to\nrelevant qualifications and experience) if it were registration\neffected apart from this Part, unless they are conditions that apply to\nthe person’s registration in New Zealand or that are necessary to\nachieve equivalence of occupations.\n(6) This section has effect subject to this Part.\n\nSchedule 1\nOccupations Part 3\nClause 20\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":10},{"sectionNumber":"20","sectionType":"section","heading":"Action following notice","content":"20 Action following notice\n(1) Registration must be granted within one month after the notice is\nlodged with the local registration authority under section 18.\n(2) When granted, registration takes effect as from the date the notice\nwas lodged.\n(3) However, the local registration authority may, subject to this Part\nand within one month after the notice was lodged, postpone or\nrefuse the grant of registration.\n(4) If the local registration authority neither grants the registration nor\ntakes action under subsection (3) within the period of one month\nafter the notice is lodged, the person is entitled to registration\nimmediately at the end of that period and no objection may be taken\nto the notice on any of the grounds on which refusal or\npostponement may be effected, except where fraud is involved.\n","sortOrder":11},{"sectionNumber":"21","sectionType":"section","heading":"Postponement of registration","content":"21 Postponement of registration\n(1) A local registration authority may postpone the grant of registration,\nif—\n(a) any of the statements or information in the notice as required\nby section 18 are materially false or misleading;\n(b) any document or information as required by section 18 (3) has\nnot been provided or is materially false or misleading;\n(c) the circumstances of the person lodging the notice have\nmaterially changed since the date of the notice or the date it\nwas lodged; or\n(d) the authority decides that the occupation in which registration\nis sought is not an equivalent occupation.\n(2) If the grant of registration has been postponed, the local registration\nauthority may in due course grant or refuse the registration.\n\nSchedule 1\nPart 3 Occupations\nClause 22\npage 22 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The local registration authority may not postpone the grant of\nregistration for longer than a period of 6 months, and the person is\nentitled to registration immediately, at the end of that period, unless\nregistration was refused at or before the end of that period.\n(4) Nothing in subsection (3) prevents earlier registration from being\ngranted on a review by the Australian Tribunal.\n","sortOrder":12},{"sectionNumber":"22","sectionType":"section","heading":"Refusal of registration","content":"22 Refusal of registration\n(1) A local registration authority may refuse the grant of registration,\nif—\n(a) any of the statements or information in the notice as required\nby section 18 are materially false or misleading;\n(b) any document or information as required by section 18 (3) has\nnot been provided or is materially false or misleading; or\n(c) the authority decides that the occupation in which registration\nis sought is not an equivalent occupation and equivalence\ncannot be achieved by the imposition of conditions.\n(2) A decision to refuse to grant registration on the ground that the\noccupation in which registration is sought is not an equivalent\noccupation takes effect at the end of a specified period (not less than\n2 weeks) after the person is notified of the decision, unless it has\nbeen previously revoked or there is an application for review to the\nAustralian Tribunal, in which case the Tribunal may make whatever\norders it considers appropriate.\n23 Notification of decision\nA local registration authority must give the person who lodges a\nnotice in accordance with section 18 a notice in writing of its\ndecision to grant registration, or to postpone or refuse the grant of\nregistration, or to impose conditions on registration.\n\nSchedule 1\nOccupations Part 3\nClause 24\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":13},{"sectionNumber":"Div 3","sectionType":"division","heading":"Interim arrangements","content":"Division 3 Interim arrangements\n","sortOrder":14},{"sectionNumber":"24","sectionType":"section","heading":"Deemed registration","content":"24 Deemed registration\n(1) A person who lodges a notice under section 18 with a local\nregistration authority of an Australian jurisdiction is, pending the\ngrant or refusal of registration, taken to be registered as provided in\nsection 19.\n(2) Such registration is called “deemed registration” in this Act.\n(3) Deemed registration in one Australian jurisdiction does not of itself\nprovide a basis for registration in another Australian jurisdiction.\n","sortOrder":15},{"sectionNumber":"25","sectionType":"section","heading":"Duration of deemed registration","content":"25 Duration of deemed registration\n(1) A person’s deemed registration in an Australian jurisdiction\ncontinues until it is cancelled or suspended or otherwise ceases in\naccordance with this Part.\n(2) A person’s deemed registration in an Australian jurisdiction ceases\nif the person becomes substantively registered in the jurisdiction in\nconnection with the occupation concerned.\n(3) A person’s deemed registration in an Australian jurisdiction ceases\nif the local registration authority of the jurisdiction refuses to grant\nregistration, subject to any determination of the Australian Tribunal.\n(4) A person’s deemed registration in an Australian jurisdiction ceases\nif the person ceases to be substantively registered in every other\nparticipating jurisdiction mentioned in the notice as required by\nsection 18 (2) (c).\n(5) A local registration authority of an Australian jurisdiction may\ncancel a person’s deemed registration in the jurisdiction if the\nperson requests cancellation.\n(6) Deemed registration is not affected by postponement of the grant of\nsubstantive registration.\n\nSchedule 1\nPart 3 Occupations\nClause 26\npage 24 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":16},{"sectionNumber":"26","sectionType":"section","heading":"Activities under deemed registration","content":"26 Activities under deemed registration\n(1) A person who has deemed registration in an Australian jurisdiction\nmay carry on the occupation in the jurisdiction as if the deemed\nregistration were substantive registration in the jurisdiction.\n(2) However, the person may do so only—\n(a) within the limits conferred by the person’s substantive\nregistration in New Zealand;\n(b) within the limits conferred by the person’s deemed registration\nin the Australian jurisdiction;\n(c) subject to any conditions or undertakings applying to the\nperson’s registration in New Zealand, unless waived by the\nlocal registration authority of the Australian jurisdiction under\nthis section; and\n(d) subject to any conditions applying to the person’s deemed\nregistration.\n(3) Without limiting anything in this Division—\n(a) the person may not carry on the occupation in the Australian\njurisdiction without complying with any requirements\nregarding insurance, fidelity funds, trust accounts and the like\nthat are designed to protect the public, clients, customers or\nothers;\n(b) a person who has deemed registration in an occupation in the\nAustralian jurisdiction is subject to any disciplinary provisions\nand arrangements that are applicable to persons who are\nsubstantively registered in the jurisdiction; and\n(c) references in the law of the Australian jurisdiction to persons\nregistered in an occupation under the law of the jurisdiction\n(however expressed) extend to persons who have deemed\nregistration for the occupation under this Act.\n\nSchedule 1\nOccupations Part 3\nClause 27\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) However, the local registration authority of the Australian\njurisdiction may waive any condition imposed under the law of New\nZealand, or any undertaking given to the local registration authority\nof New Zealand, if it thinks it appropriate in the circumstances.\n(5) The local registration authority of the Australian jurisdiction may\nimpose conditions as if deemed registration were substantive\nregistration, but it must not impose conditions that are more onerous\nthan would be imposed in similar circumstances (having regard to\nrelevant qualifications and experience) if it were registration\neffected apart from this Part, unless they correspond to conditions or\nundertakings that apply to the person’s registration in New Zealand\nor that are necessary to achieve equivalence of occupations.\n","sortOrder":17},{"sectionNumber":"Div 4","sectionType":"division","heading":"Equivalent occupations","content":"Division 4 Equivalent occupations\n","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"Equivalent occupations","content":"27 Equivalent occupations\nThe equivalence of occupations carried on in different participating\njurisdictions is, for the purposes of this Act, to be determined in\naccordance with this Part.\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"General principle","content":"28 General principle\n(1) An occupation for which persons may be registered in New Zealand\nis taken to be equivalent to an occupation for which persons may be\nregistered in an Australian jurisdiction if the activities authorised to\nbe carried out under each registration are substantially the same\n(whether or not this result is achieved by means of the imposition of\nconditions).\n(2) Conditions may be imposed on registration under this Part so as to\nachieve equivalence between occupations in different participating\njurisdictions.\n(3) This section has effect subject to any relevant declarations in force\nunder this Division.\n\nSchedule 1\nPart 3 Occupations\nClause 29\npage 26 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"Declarations as to equivalent occupations","content":"29 Declarations as to equivalent occupations\n(1) This Part is to be given effect in accordance with relevant\ndeclarations (if any) made under this Division regarding equivalent\noccupations.\n(2) If a declaration made by the Australian Tribunal under section 30\nand a declaration made by Ministers under section 31 are\ninconsistent, the ministerial declaration prevails.\n(3) A declaration under this Part does not affect the registration of any\nperson already registered (except in the case of a declaration made\nby the Australian Tribunal in relation to that person specifically).\n","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Declarations by Australian Tribunal","content":"30 Declarations by Australian Tribunal\n(1) On a review, the Australian Tribunal may make an order that a\nperson who is registered in a particular occupation in New Zealand\nis or is not entitled to registration in an Australian jurisdiction in a\nparticular occupation, and may specify or describe conditions that\nwill achieve equivalence.\n(2) On a review, the Australian Tribunal may make a declaration that\noccupations carried on in New Zealand and an Australian\njurisdiction are not equivalent, but only if the Australian Tribunal is\nsatisfied that—\n(a) the activities involved in the occupations are not substantially\nthe same (even with the imposition of conditions); or\n(b) registration in New Zealand should not entitle registered\npersons to carry on a particular activity or class of activity in\nan Australian jurisdiction, where—\n(i) the activity or class of activity is a material part of the\npractice of a person registered in New Zealand for the\noccupation;\n\nSchedule 1\nOccupations Part 3\nClause 31\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the activity or class of activity, if carried out by a person\nnot conforming to the appropriate standards, could\nreasonably be expected to expose persons in the\nAustralian jurisdiction to a real threat to their health or\nsafety or could reasonably be expected to cause\nsignificant environmental pollution (including air, water,\nnoise or soil pollution); and\n(iii) it is not practicable to protect the health or safety of such\npersons from that threat or the environment from such\npollution by regulating the manner in which services in\nthe occupation are provided.\n(3) The Registrar or other proper officer of the Australian Tribunal must\ncause a notice setting out the terms of a declaration under this\nsection to be promptly published in the Commonwealth of Australia\nGazette.\n(4) A declaration made on the basis of paragraph (2) (b) has effect for\nno longer than 12 months, and the local registration authority must\npromptly notify appropriate authorities in each other participating\njurisdiction of the declaration.\n(5) The local registration authority is to give effect to the decision on\nthe review, and must thereafter act in conformity with the decision\nin relation to other persons seeking registration.\n","sortOrder":22},{"sectionNumber":"31","sectionType":"section","heading":"Declarations by Ministers","content":"31 Declarations by Ministers\n(1) A Minister from New Zealand and a Minister from each of one or\nmore Australian jurisdictions may jointly declare, by notice in the\nCommonwealth of Australia Gazette, that specified occupations are\nequivalent, and may specify or describe conditions that will achieve\nequivalence.\n(2) The declaration may be amended or rescinded in the same way.\n(3) The declaration has effect only in relation to the participating\njurisdictions concerned.\n\nSchedule 1\nPart 3 Occupations\nClause 32\npage 28 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The appropriate local registration authority is to give effect to the\ndeclaration.\n","sortOrder":23},{"sectionNumber":"Div 5","sectionType":"division","heading":"General provisions","content":"Division 5 General provisions\n","sortOrder":24},{"sectionNumber":"32","sectionType":"section","heading":"Disciplinary action","content":"32 Disciplinary action\n(1) If a person’s registration in an occupation in New Zealand—\n(a) is cancelled or suspended; or\n(b) is subject to a condition;\non disciplinary grounds, or as a result of or in anticipation of\ncriminal, civil or disciplinary proceedings, then the person’s\nregistration in the equivalent occupation in an Australian\njurisdiction is affected in the same way.\n(2) However, the local registration authority of the Australian\njurisdiction may reinstate any cancelled or suspended registration or\nwaive any such condition if it thinks it appropriate in the\ncircumstances.\n(3) This section extends to registration effected apart from this Act.\n(4) This section has effect despite any other provisions of this Part.\n","sortOrder":25},{"sectionNumber":"33","sectionType":"section","heading":"Review of decisions","content":"33 Review of decisions\n(1) Subject to the Administrative Appeals Tribunal Act 1975,\napplication may be made to the Australian Tribunal for review of a\ndecision of a local registration authority of an Australian jurisdiction\nin relation to its functions under this Act.\n(2) In subsection (1)—\ndecision has the same meaning as in the Administrative Appeals\nTribunal Act 1975.\n\nSchedule 1\nOccupations Part 3\nClause 34\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a local registration authority gives a person written notice of the\nmaking of a decision referred to in subsection (1), the notice must\ninclude a statement to the effect that—\n(a) subject to the Administrative Appeals Tribunal Act 1975,\napplication for review of the decision may be made to the\nAustralian Tribunal by a person whose interests are affected by\nthe decision; and\n(b) except where subsection 28 (4) of that Act applies, application\nmay be made in accordance with section 28 of that Act by or\non behalf of that person for a statement in writing setting out\nthe findings on material questions of fact, referring to the\nevidence or other material on which those findings were based,\nand giving the reasons for the decision.\n(4) Any failure to comply with a requirement of subsection (3) does not\naffect the validity of the decision.\n","sortOrder":26},{"sectionNumber":"34","sectionType":"section","heading":"Costs","content":"34 Costs\nThe Australian Tribunal may order a party in proceedings before it\nto pay costs if the party has acted unreasonably.\n","sortOrder":27},{"sectionNumber":"35","sectionType":"section","heading":"Co-operation with and membership of Trans-Tasman","content":"35 Co-operation with and membership of Trans-Tasman\nOccupations Tribunal (NZ)\n(1) The purpose of this section is to promote consistency between\ndecisions made by the Australian Tribunal for the purposes of this\nAct and decisions made by the New Zealand Tribunal for the\npurposes of the New Zealand Act.\n(2) In making decisions for the purposes of this Act, the Australian\nTribunal is to have regard to decisions of the New Zealand Tribunal.\n\nSchedule 1\nPart 3 Occupations\nClause 36\npage 30 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) For the purposes of a review of a decision referred to in\nsubsection 33 (1) of this Act, the President of the Australian\nTribunal may, in the exercise of the power under\nparagraph 20 (1A) (b) of the Administrative Appeals Tribunal Act\n1975, direct that the persons who are to constitute the Australian\nTribunal for the purposes of that review include—\n(a) the Chairperson of the New Zealand Tribunal; or\n(b) a person included on the panel maintained under the New\nZealand Act who is nominated by the Chairperson of the New\nZealand Tribunal for the purposes of that review.\n(4) The President of the Australian Tribunal must exercise the power\ngiven by subsection (3) in accordance with arrangements made from\ntime to time between the President and the Chairperson of the New\nZealand Tribunal.\n(5) A reference in Part III, IIIA, IV or VI of the Administrative Appeals\nTribunal Act 1975 to a member includes a reference to a person\nincluded in a direction under subsection (3).\n(6) In spite of anything in any other Act, the Chairperson of the New\nZealand Tribunal, or a person included on the panel maintained\nunder the New Zealand Act, is not entitled to remuneration or\nallowances in respect of service as a member of the Australian\nTribunal as permitted by this Act.\n(7) Service by a member of the Australian Tribunal on the New Zealand\nTribunal under the New Zealand Act shall be taken for all purposes\nof Australian law to be service as a member of the Australian\nTribunal.\n","sortOrder":28},{"sectionNumber":"36","sectionType":"section","heading":"Residence or domicile","content":"36 Residence or domicile\nResidence or domicile in a particular participating jurisdiction is not\nto be a prerequisite for or a factor in entitlement to the grant,\nrenewal or continuation of registration arising under this Part.\n\nSchedule 1\nOccupations Part 3\nClause 37\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":29},{"sectionNumber":"37","sectionType":"section","heading":"Furnishing information","content":"37 Furnishing information\n(1) A local registration authority of an Australian jurisdiction must\nfurnish without delay any information reasonably required by a local\nregistration authority of another participating jurisdiction about a\nperson substantively registered under a law of the Australian\njurisdiction.\n(2) The obligation imposed under this section does not apply unless the\nauthority of the other participating jurisdiction notifies the authority\nof the firstmentioned jurisdiction that the information is required in\nconnection with—\n(a) a notice lodged by a person seeking registration;\n(b) a person’s deemed registration; or\n(c) actual or possible disciplinary action against the person.\n(3) The authority of the firstmentioned jurisdiction is empowered to\nprovide the information, despite any law relating to secrecy,\nconfidentiality or privacy.\n(4) Nothing in this section affects any obligation or power to provide\ninformation apart from this section.\n","sortOrder":30},{"sectionNumber":"38","sectionType":"section","heading":"Receiving information","content":"38 Receiving information\nIf a local registration authority of an Australian jurisdiction receives\ninformation under section 37 of this Act or the corresponding\nprovision of the New Zealand Act, the information is subject to any\nlaw relating to secrecy, confidentiality or privacy that would apply if\nthe information were provided under the law of the jurisdiction\nunder which the authority is constituted or exercises its functions.\n\nSchedule 1\n","sortOrder":31},{"sectionNumber":"Part 3","sectionType":"part","heading":"Occupations","content":"Part 3 Occupations\nClause 39\npage 32 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":32},{"sectionNumber":"39","sectionType":"section","heading":"General responsibilities of local registration authorities","content":"39 General responsibilities of local registration authorities\n(1) It is the duty of each local registration authority of an Australian\njurisdiction to facilitate the operation of this Part in relation to the\noccupations for which the authority is responsible, and in particular\nto make use of the power to impose conditions in such a way as to\npromote the Trans-Tasman mutual recognition principle.\n(2) It is the duty of each local registration authority of an Australian\njurisdiction to prepare and make available guidelines and\ninformation regarding the operation of this Part in relation to the\noccupations for which the authority is responsible.\n(3) The first such guidelines and information are to be available within\n6 months after the commencement of this section.\n(4) In dealing with information obtained or to be obtained under this\nAct, a local registration authority of an Australian jurisdiction must\nhave regard to the principles relating to information privacy set out\nin Schedule 5.\n(5) Nothing in subsection (4) or in Schedule 5—\n(a) affects the operation or validity of any decision or other action\ntaken under this Act;\n(b) gives rise to, or can be taken into account in, any civil cause of\naction; or\n(c) creates rights or duties that are enforceable in judicial or other\nproceedings.\n","sortOrder":33},{"sectionNumber":"40","sectionType":"section","heading":"Fees","content":"40 Fees\n(1) A local registration authority of an Australian jurisdiction has power\nto impose fees in relation to substantive or deemed registration or\nthe continuance of registration arising under this Part, but any such\nfees may not be greater than are applicable for registration apart\nfrom this Part.\n\nSchedule 1\nOccupations Part 3\nClause 41\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Nothing in this section prevents the fixing or prescribing of fees\nreferred to in this section under any other law of an Australian\njurisdiction, but the fees may not be greater than can be imposed\nunder this section.\n(3) The local registration authority may impose a condition on\nsubstantive or deemed registration arising under this Part to the\neffect that a person may not carry out activities under registration\nunless a fee or other payment has been paid, but such a condition\nmay not be imposed unless it corresponds to a requirement attaching\nto registration apart from this Part.\n(4) This section does not authorise the imposition of a tax.\n","sortOrder":34},{"sectionNumber":"41","sectionType":"section","heading":"Formalities requiring personal attendance","content":"41 Formalities requiring personal attendance\n(1) Neither substantive or deemed registration, nor entitlement to\nregistration, under this Part requires compliance with any statutory\nor other formalities requiring personal attendance in the Australian\njurisdiction concerned.\n(2) This section applies to formalities that would otherwise have to be\ncomplied with before, at or after registration.\n","sortOrder":35},{"sectionNumber":"42","sectionType":"section","heading":"Saving","content":"42 Saving\nNothing in this Part prevents a person from seeking registration or\nbeing registered for an occupation under a law apart from this Part.\n\nSchedule 1\nPart 4 Exclusions and exemptions\nClause 43\npage 34 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Exclusions and exemptions\n","sortOrder":36},{"sectionNumber":"43","sectionType":"section","heading":"References to endorsing a proposed regulation","content":"43 References to endorsing a proposed regulation\n(1) For the purposes of this Part, a jurisdiction endorses a regulation if\nthe designated person for the jurisdiction publishes a notice in the\nofficial gazette of the jurisdiction setting out and endorsing the\nterms of the regulation before it is made.\n(2) However, the making of a recommendation by a Minister to the\nGovernor-General for the making of a regulation amounts to\nendorsement of the regulation by the Commonwealth, and the\nCommonwealth is taken to have endorsed the regulation for the\npurposes of this Part if the regulation is in fact made.\n","sortOrder":37},{"sectionNumber":"44","sectionType":"section","heading":"Exclusions","content":"44 Exclusions\n(1) This Act does not affect laws of an Australian jurisdiction specified\nor described in Schedule 1, to the extent that Schedule 1 indicates\nthat they are excluded from the operation of this Act.\n(2) The Governor-General may make regulations amending Schedule 1.\n(3) A regulation may not be made for the purposes of this section unless\nall of the then participating jurisdictions have endorsed the\nregulation.\n(4) However—\n(a) if such a regulation merely omits or reduces the extent of an\nexclusion of a law of a State from Schedule 1, the regulation\nmay be made if the State has endorsed the regulation; or\n(b) if such a regulation amends Part 2 of Schedule 1 by\nsubstituting or adding a law of a State that relates to a matter\nreferred to in paragraph (a), (b), (c) or (d) of subclause 1 (1) of\nPart 1 of that Schedule, the regulation may be made if the State\nhas endorsed the regulation.\n\nSchedule 1\nExclusions and exemptions Part 4\nClause 45\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":38},{"sectionNumber":"45","sectionType":"section","heading":"Permanent exemptions","content":"45 Permanent exemptions\n(1) This Act does not affect the operation of laws of an Australian\njurisdiction specified or described in Schedule 2, to the extent that\nSchedule 2 indicates that they are exempt from the operation of this\nAct.\n(2) Such an exemption may be limited or unlimited in its application. If\na law is specified or described in Schedule 2 without any limitation,\nit is taken to be wholly exempt from the operation of this Act.\n(3) The Governor-General may make regulations amending Schedule 2.\n(4) A regulation may not be made for the purposes of this section unless\nall of the then participating jurisdictions have endorsed the\nregulation.\n(5) However—\n(a) if such a regulation relates solely to one or more laws specified\nor described in Schedule 3 and will not take effect within 5\nyears after the commencement of section 48, the regulation\nmay be made if at least two-thirds of the then participating\njurisdictions have endorsed the regulation; or\n(b) if such a regulation merely omits or reduces the extent of an\nexemption of a law of a State from Schedule 2, the regulation\nmay be made if the State has endorsed the regulation.\n","sortOrder":39},{"sectionNumber":"46","sectionType":"section","heading":"Temporary exemptions","content":"46 Temporary exemptions\n(1) This Act does not—\n(a) apply to the sale in an Australian jurisdiction of exempt goods;\nor\n(b) affect the operation of exempt laws of an Australian\njurisdiction relating to a particular kind of goods.\n\nSchedule 1\nPart 4 Exclusions and exemptions\nClause 47\npage 36 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) For the purposes of this section, goods or laws are exempt if the\ngoods are of a kind, or the laws are, for the time being declared by\nor under an Act or regulation of the jurisdiction to be exempt from\nthe operation of this Act.\n(3) Any such exemptions have effect only if they are substantially for\nthe purpose of protecting the health and safety of persons in the\njurisdiction or preventing, minimising or regulating environmental\npollution (including air, water, noise or soil pollution) in the\njurisdiction.\n(4) No such exemption operates (together with the period of any\nprevious exemption) for longer than a period of 12 months or an\naggregate period of 12 months.\n","sortOrder":40},{"sectionNumber":"47","sectionType":"section","heading":"Continuation of temporary exemptions to enable","content":"47 Continuation of temporary exemptions to enable\nimplementation of Ministerial agreements\n(1) The purpose of this section is to create a mechanism to provide an\nadditional period not exceeding 12 months for legislative or other\naction to be taken to implement a ministerial agreement arising out\nof consideration of an exemption under section 46. However, this\nsubsection does not provide grounds for invalidating any regulations\nmade for the purposes of this section.\n(2) This Act does not—\n(a) apply to the sale in an Australian jurisdiction of exempt goods;\nor\n(b) affect the operation of exempt laws of an Australian\njurisdiction relating to a particular kind of goods.\n(3) For the purposes of this section, goods or laws are exempt if the\ngoods are of a kind, or the laws are, for the time being declared by\nregulations under this Act to be exempt from the operation of this\nAct.\n\nSchedule 1\nExclusions and exemptions Part 4\nClause 47\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The Governor-General may make regulations for the purposes of\nthis section, but any such regulations may be made only if they have\nthe effect of continuing or reviving, wholly or partly, and with or\nwithout modification, the effect of an exemption under section 46.\n(5) Such a modification may only—\n(a) in the case of an exemption relating to goods—\n(i) limit the circumstances in which the goods are exempt; or\n(ii) provide that the exemption does not apply if certain\nstandards or conditions are complied with in relation to\nthe goods; or\n(b) the case of an exemption relating to a law—\n(i) modify the operation of the law while the exemption\noperates; or\n(ii) provide that the exemption does not apply in relation to\nparticular goods if certain standards or conditions are\ncomplied with in relation to the goods.\n(6) The regulations may discontinue any exemption under this section.\n(7) A regulation may not be made for the purposes of this section unless\nat least two-thirds of the then participating jurisdictions have\nendorsed the regulation.\n(8) No exemption under this section operates (together with the period\nof any previous such exemption) for longer than a period of\n12 months or an aggregate period of 12 months after the\ncorresponding exemption under section 46 ceases to operate.\n(9) In this section—\nministerial agreement means an agreement of Ministers of\nparticipating jurisdictions made in relation to goods or laws that are\nthe subject of an exemption under section 46.\n\nSchedule 1\n","sortOrder":41},{"sectionNumber":"Part 4","sectionType":"part","heading":"Exclusions and exemptions","content":"Part 4 Exclusions and exemptions\nClause 48\npage 38 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":42},{"sectionNumber":"48","sectionType":"section","heading":"Special exemptions","content":"48 Special exemptions\n(1) This Act does not affect the operation of laws of an Australian\njurisdiction that relate to goods and that are specified or described in\nSchedule 3, to the extent that Schedule 3 indicates that they are\nexempt from the operation of this Act.\n(2) Such an exemption operates for no longer than a period of\n12 months after the commencement of this section, but may be\nextended in whole or in part by the regulations from time to time by\none or more further periods each not exceeding 12 months.\n(3) A regulation may not be made for the purposes of subsection (2) if\nthe exemption has expired or has otherwise ceased to be in force.\n(4) The Governor-General may make regulations amending Schedule 3\nfor the purposes of subsection (2) or (6).\n(5) A regulation may not be made for the purposes of this section unless\nat least two-thirds of the then participating jurisdictions have\nendorsed the regulation.\n(6) However, if such a regulation merely omits any matter relating to an\nexemption that has expired or has otherwise ceased to be in force,\nthe regulation may be made if the Commonwealth has endorsed the\nregulation.\n","sortOrder":43},{"sectionNumber":"49","sectionType":"section","heading":"Exemptions relating to occupations","content":"49 Exemptions relating to occupations\n(1) This Act does not affect the operation of laws of an Australian\njurisdiction that relate to occupations and that are specified or\ndescribed in Schedule 4, to the extent that Schedule 4 indicates that\nthey are exempt from the operation of this Act.\n(2) The Governor-General may make regulations amending Schedule 4.\n\nSchedule 1\nExclusions and exemptions Part 4\nClause 49\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) A regulation may not be made for the purposes of this section unless\nall of the then participating jurisdictions have endorsed the\nregulation.\n(4) However, if such a regulation amends Schedule 4 by omitting a law\nof a State, the regulation may be made if the State has endorsed the\nregulation.\n\nSchedule 1\nPart 5 General\nClause 50\npage 40 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":44},{"sectionNumber":"Part 5","sectionType":"part","heading":"General","content":"Part 5 General\n","sortOrder":45},{"sectionNumber":"50","sectionType":"section","heading":"References to participating jurisdictions","content":"50 References to participating jurisdictions\nFor the purposes of this Act, a participating jurisdiction is—\n(a) New Zealand, while there is in force an Act of its Parliament\nthat corresponds to this Act;\n(b) the Commonwealth;\n(c) a State (other than a Territory) for which there is in force an\nAct of its Parliament that refers to the Parliament of the\nCommonwealth the power to enact this Act, or that adopts this\nAct, under paragraph (xxxvii) of section 51 of the Constitution;\nor\n(d) a Territory (being the Australian Capital Territory or the\nNorthern Territory) for which there is in force an Act of its\nlegislature that requests the Parliament of the Commonwealth\nto enact this Act or that enables this Act to apply in relation to\nit.\n","sortOrder":46},{"sectionNumber":"51","sectionType":"section","heading":"Application of Trans-Tasman mutual recognition principle","content":"51 Application of Trans-Tasman mutual recognition principle\n(1) The Trans-Tasman mutual recognition principle and the provisions\nof this Act may be taken into consideration in proceedings of any\nkind and for any purpose.\n(2) Nothing in this Act or the Mutual Recognition Act 1992 prevents a\nperson from relying on the Trans-Tasman mutual recognition\nprinciple in relation to more than one Australian jurisdiction.\n\nSchedule 1\nGeneral Part 5\nClause 52\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":47},{"sectionNumber":"52","sectionType":"section","heading":"Machinery provisions regarding limitations etc.","content":"52 Machinery provisions regarding limitations etc.\nIn cases where Part 3 provides that conditions or undertakings that\napply or are relevant to registration in New Zealand also apply or\nare relevant to registration in an Australian jurisdiction, they are to\nbe construed with any necessary adaptations, including the\nfollowing (where appropriate and so far as practicable):\n(a) references to New Zealand are to be read as references to the\nAustralian jurisdiction;\n(b) references to officers or authorities of New Zealand are to be\nread as references to the corresponding officers or authorities\nof the Australian jurisdiction.\n","sortOrder":48},{"sectionNumber":"53","sectionType":"section","heading":"Determining place of production","content":"53 Determining place of production\n(1) For the purpose of determining where goods are produced for the\npurposes of this Act, goods are taken to be produced in New\nZealand if the most recent step in the process of producing the\ngoods (including for example processing, harvesting or packaging\nthe goods) has occurred there.\n(2) Subsection (1) applies even though—\n(a) the process of production may be incomplete;\n(b) some steps in the process have not yet been carried out;\n(c) some steps in the process were carried out elsewhere; or\n(d) the goods or a component of the goods were imported into\nNew Zealand.\n","sortOrder":49},{"sectionNumber":"54","sectionType":"section","heading":"Commonwealth regulations for temporary exemptions","content":"54 Commonwealth regulations for temporary exemptions\nWithout limiting any other power under any other Act, the\nGovernor-General may make regulations for the purposes\nmentioned in section 46.\n\nSchedule 1\nSchedule 1 Exclusions\nPart 1 Introduction\nClause 1\npage 42 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Exclusions\n(see s 44)\nPart 1 Introduction\n1 Excluded laws\n(1) The laws specified or described in this Schedule are excluded\nfrom the operation of this Act, so far as they relate to—\n(a) customs controls and tariffs—but only to the extent that\nthe laws provide for the imposition of tariffs and related\nmeasures (for example, anti-dumping and countervailing\nduties) and the prohibition or restriction of imports; and\n(b) intellectual property—but only to the extent that the laws\nprovide for the protection of intellectual rights and relate to\nrequirements for the sale of goods set out in section 11;\nand\n(c) taxation and business franchises—but only to the extent\nthat the laws relate to taxes imposed on the sale of locally\nproduced and imported goods in a non-discriminatory way,\nincluding, for example, wholesale sales tax\n(Commonwealth) and business franchise and stamp duties\n(States); and\n(d) the implementation of international obligations—but only\nto the extent that the laws implementing those obligations\ndeal with the requirements relating to the sale of goods set\nout in section 11.\n(2) The laws specified or described in this Schedule are excluded\nonly to the extent that those laws would be affected by the\nTrans-Tasman mutual recognition principle as applying to\ngoods.\n\nSchedule 1\nExclusions Schedule 1\nLaws Part 2\nClause 2\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Laws\n2 Customs controls and tariffs (including laws relating\nto international obligations)\nProhibited imports\nCustoms (Prohibited Imports) Regulations of the\nCommonwealth\nCommerce (Trade Descriptions) Act 1905 of the\nCommonwealth\nAny other laws of the Commonwealth to the extent that they\nprovide for the prohibition or restriction of imports and would\nbe affected by the Trans-Tasman mutual recognition principle\nas applying to goods\nTariffs\nCustoms Tariff Act 1995 of the Commonwealth\nCustoms Act 1901 of the Commonwealth, Part XVB\nCustoms Tariff (Anti-Dumping) Act 1975 of the\nCommonwealth\n3 Intellectual property (including laws relating to the\nParis Convention of 20 March 1983 for the Protection\nof Industrial Property)\nPatents Act 1990 of the Commonwealth\nTrade Marks Act 1995 of the Commonwealth\nDesigns Act 1906 of the Commonwealth\nOlympic Insignia Protection Act 1987 of the\nCommonwealth\n\nSchedule 1\nSchedule 1 Exclusions\nPart 2 Laws\nClause 4\npage 44 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nScout Association Act 1924 of the Commonwealth\nDefence (Transitional Provisions) Act 1946 of the\nCommonwealth\nDefence Transition (Residual Provisions) Act 1952 of the\nCommonwealth\nPlant Breeder’s Rights Act 1994 of the Commonwealth\nCopyright Act 1968 of the Commonwealth\nCircuit Layouts Act 1989 of the Commonwealth\nSydney 2000 Games (Indicia and Images) Protection Act\n1996 of the Commonwealth\nUnauthorised Documents Act 1922 of New South Wales\nUnauthorized Documents Act 1958 of Victoria\nBadge, Arms, Floral and other Emblems of Queensland\nAct 1959 of Queensland\nArmorial Bearings Protection Act 1979 of Western\nAustralia\nUnauthorised Documents Act 1916 of South Australia\nUnauthorized Documents Act 1986 of Tasmania\nCity of Canberra Arms Act 1932 of the Australian Capital\nTerritory\nFlag and Emblem Act 1985 of the Northern Territory\n\nSchedule 1\nExclusions Schedule 1\nLaws Part 2\nClause 4\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Other international obligations\nWildlife Protection (Regulation of Exports and Imports) Act\n1982 of the Commonwealth, sections 21 and 22, to the extent\nthat they implement the Convention on International Trade in\nEndangered Species of Wild Fauna and Flora\nHazardous Waste (Regulation of Exports and Imports) Act 1989\nof the Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24–31,\n34 and 39, to the extent that they implement the Basle\nConvention on the Control of Transboundary Movement of\nHazardous Wastes and their Disposal 1989\nThe following laws, to the extent that they implement the\nCharter of the United Nations (as it relates to the imposition of\nUnited Nations sanctions):\nCharter of the United Nations Act 1945 of the\nCommonwealth, section 6\nAir Navigation Act 1920 of the Commonwealth, section 26\nBanking Act 1959 of the Commonwealth, section 71\nMigration Act 1958 of the Commonwealth, subsection 31\n(3), paragraph 116 (1) (g) and section 504\nCustoms Act 1901 of the Commonwealth, section 50\nProtection of Movable Cultural Heritage Act 1986 of the\nCommonwealth, to the extent that it implements the United\nNations Educational, Scientific and Cultural Organisation\n(UNESCO) Convention Regulating the International Trade\nin Cultural Property 1970\n\nSchedule 1\n","sortOrder":50},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Exclusions","content":"Schedule 1 Exclusions\nPart 2 Laws\nClause 5\npage 46 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nThe following laws, to the extent that they implement the\nEuropean Union-Australia Wine Agreement—Protection of\nCertain Names and Expressions:\nAustralian Wine and Brandy Corporation Act 1980 of the\nCommonwealth, Part VIB and Part VIA (Label Integrity\nProgram)\nAustralian Wine and Brandy Corporation (Exports)\nRegulations of the Commonwealth, Parts 3 and 4\n5 Taxation and business franchises\nSales Tax Assessment Act 1992 of the Commonwealth\nSales Tax (Exemptions and Classifications) Act 1992 of the\nCommonwealth\nLaws of a State imposing or providing for the imposition,\nassessment or collection of taxation, including stamp\nduties, and providing for business licences.\n\nSchedule 1\nPermanent exemptions Schedule 2\nLaws relating to Goods—General Part 1\nClause 1\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Permanent exemptions\n(see s 45)\nThe laws specified or described in this Schedule are exempt from\nthe operation of this Act.\nPart 1 Laws relating to Goods—General\n1 Quarantine\nA law of an Australian jurisdiction, including a law relating to\nquarantine, to the extent that—\n(a) the law is enacted or made substantially for the purpose of\npreventing the entry or spread of any pest, disease, organism,\nvariety, genetic disorder or any other similar thing; and\n(b) the law authorises the application of quarantine measures that\ndo not amount to an arbitrary or unjustifiable discrimination or\nto a disguised restriction on trade between Australia and New\nZealand and are not inconsistent with the requirements of the\nAgreement establishing the World Trade Organisation.\n2 Endangered species\nA law of an Australian jurisdiction to the extent that it is enacted or\nmade substantially for the purpose of protecting a species or other\nclass of animals or plants from extinction in the jurisdiction and that\nit prohibits or restricts the possession, sale, killing or capture of\nanimals or plants of that species or other class in the jurisdiction.\n\nSchedule 1\nSchedule 2 Permanent exemptions\nPart 2 Laws relating to Goods—Specific\nClause 3\npage 48 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Laws relating to Goods—Specific\n3 Commonwealth\nFirearms and other prohibited or offensive weapons\nCustoms (Prohibited Imports) Regulations\nFireworks\nCustoms (Prohibited Imports) Regulations\nIndecent material\nClassification (Publications, Films and Computer Games) Act\n1995\nOzone protection\nOzone Protection Act 1989\nAgricultural and veterinary chemicals\nAgricultural and Veterinary Chemicals Act 1994\nAgricultural and Veterinary Chemicals Code Act 1994\nOther\nImported Food Control Act 1992 (to the extent that it deals\nwith risk categorised food commodities)\n4 New South Wales\nFirearms and other prohibited or offensive weapons\nFirearms Act 1996\nProhibited Weapons Act 1989\n\nSchedule 1\nPermanent exemptions Schedule 2\nLaws relating to Goods—Specific Part 2\nClause 5\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFireworks\nDangerous Goods Act 1975 (to the extent that it deals with\nfireworks)\nGaming machines\nRegistered Clubs Act 1976, Parts 10 and 11\nLiquor Act 1982, Part 11\nIndecent material\nClassification (Publications, Films and Computer Games)\nEnforcement Act 1995\nOzone protection\nOzone Protection Act 1989\n5 Victoria\nFirearms and other prohibited or offensive weapons\nFirearms Act 1958\nFirearms Regulations 1995\nControl of Weapons Act 1990\nControl of Weapons Regulations 1990\nFireworks\nDangerous Goods Act 1985 (to the extent that it deals with\nfireworks)\nDangerous Goods (Explosives) Regulations 1988, Part 8,\nDivision 5\n\nSchedule 1\nSchedule 2 Permanent exemptions\nPart 2 Laws relating to Goods—Specific\nClause 6\npage 50 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nGaming machines\nGaming Machine Control Act 1991\nIndecent material\nClassification (Publications, Films and Computer Games)\n(Enforcement) Act 1995\nOzone protection\nEnvironment Protection Act 1970, sections 16 and 41 (to the\nextent that they deal with ozone depleting substances) and\nparagraph 71 (1) (gba)\n","sortOrder":51},{"sectionNumber":"6","sectionType":"section","heading":"Queensland","content":"6 Queensland\nFirearms and other prohibited or offensive weapons\nWeapons Act 1990\nFireworks\nExplosives Act 1952 (to the extent that it deals with fireworks)\nGaming machines\nGaming Machine Act 1991\nIndecent material\nClassification of Films Act 1991\nClassification of Publications Act 1991\nOzone protection\nEnvironmental Protection (Interim) Regulation 1995 under the\nEnvironmental Protection Act 1994 (to the extent that it deals\nwith ozone depleting substances)\n\nSchedule 1\nPermanent exemptions Schedule 2\nLaws relating to Goods—Specific Part 2\nClause 7\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Western Australia\nFirearms and other prohibited or offensive weapons\nFirearms Act 1973\nFireworks\nExplosives and Dangerous Goods Act 1961 (to the extent that\nit deals with fireworks)\nGaming machines\nGaming Commission Act 1987\nIndecent material\nCensorship of Films Act 1947\nIndecent Publications and Articles Act 1902\nVideo Tapes Classification and Control Act 1987\nCensorship Act 1996\nOzone protection\nEnvironmental Protection Act 1986 (to the extent that it deals\nwith ozone protection)\n\nSchedule 1\nSchedule 2 Permanent exemptions\nPart 2 Laws relating to Goods—Specific\nClause 8\npage 52 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":52},{"sectionNumber":"8","sectionType":"section","heading":"South Australia","content":"8 South Australia\nFirearms and other prohibited or offensive weapons\nFirearms Act 1977\nFirearms Regulations 1993\nSummary Offences Act 1953, section 15 (to the extent that it\ndeals with firearms)\nCriminal Law Consolidation Act 1935, sections 32, 47A and\n299A\nFireworks\nExplosives Act 1936 (to the extent that it deals with fireworks)\nGaming machines\nGaming Machines Act 1992\nGaming Machines Regulations 1993\nIndecent material\nClassification (Publications, Films and Computer Games) Act\n1995\nSummary Offences Act 1953, sections 33 and 35\nOzone protection\nEnvironment Protection Act 1993, Part 8, Division 3\nOther\nEnvironment Protection Act 1993, Part 8, Division 2 (dealing\nwith beverage containers)\n\nSchedule 1\nPermanent exemptions Schedule 2\nLaws relating to Goods—Specific Part 2\nClause 9\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":53},{"sectionNumber":"9","sectionType":"section","heading":"Tasmania","content":"9 Tasmania\nFirearms and other prohibited or offensive weapons\nGuns Act 1991\nFirearms Act 1996\nFireworks\nDangerous Goods Act 1976 (to the extent that it deals with\nfireworks)\nGaming machines\nGaming Control Act 1993 (to the extent that it deals with\ngaming machines)\nIndecent material\nClassification (Publications, Films and Computer Games)\nEnforcement Act 1995\nOzone protection\nEnvironmental Management and Pollution Control Act 1994\n(to the extent that it deals with ozone protection)\nOther\nLiving Marine Resources Management Act 1995 (to the extent\nthat it relates to the possession, sale or capture of abalone,\ncrayfish or scallops of a certain minimum size)\n\nSchedule 1\n","sortOrder":54},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Permanent exemptions","content":"Schedule 2 Permanent exemptions\nPart 2 Laws relating to Goods—Specific\nClause 10\npage 54 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":55},{"sectionNumber":"10","sectionType":"section","heading":"Australian Capital Territory","content":"10 Australian Capital Territory\nFirearms and other prohibited or offensive weapons\nWeapons Act 1991\nFireworks\nDangerous Goods Act 1975 of New South Wales in its\napplication to the Australian Capital Territory (to the extent\nthat it deals with fireworks)\nGaming machines\nGaming Machine Act 1987\nIndecent material\nBusiness Franchise (“X” Videos) Act 1990\nClassification (Publications, Films and Computer Games)\n(Enforcement) Act 1995\nOzone protection\nOzone Protection Act 1991\n","sortOrder":56},{"sectionNumber":"11","sectionType":"section","heading":"Northern Territory","content":"11 Northern Territory\nFirearms and other prohibited or offensive weapons\nFirearms Act 1992\nFireworks\nDangerous Goods Act 1980 (to the extent that it deals with\nfireworks)\nGaming machines\nGaming Control Act 1993\n\nSchedule 1\nPermanent exemptions Schedule 2\nLaws relating to Goods—Specific Part 2\nClause 11\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nIndecent material\nClassification of Publications and Films Act 1985\nOzone protection\nOzone Protection Act 1990\n\nSchedule 1\nSchedule 3 Special exemptions\nClause 1\npage 56 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 3 Special exemptions\n(see s 48)\nThe laws specified or described in this Schedule are exempt from\nthe operation of this Act.\n1 Therapeutic goods\nTherapeutic Goods Act 1989 of the Commonwealth\nTherapeutic Goods (Charges) Act 1989 of the Commonwealth\nThe following laws, to the extent that they deal with packaging and\nlabelling of pharmaceutical drugs and would be affected by Part 2 of\nthis Act:\nPoisons and Therapeutic Goods Act 1966 of New South Wales\nDrugs, Poisons and Controlled Substances Act 1981 of\nVictoria\nTherapeutic Goods (Victoria) Act 1994 of Victoria\nPoisons Regulation 1973 under the Health Act 1937 of\nQueensland\nPoisons Act 1964 of Western Australia\nControlled Substances Act 1984 of South Australia\nPoisons Act 1971 of Tasmania\nPoisons and Dangerous Drugs Act 1983 of the Northern\nTerritory\nPoisons and Drugs Act 1978 of the Australian Capital\nTerritory\n\nSchedule 1\nSpecial exemptions Schedule 3\nClause 2\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2 Hazardous substances, industrial chemicals and\ndangerous goods\nThe following laws, to the extent that they deal with packaging and\nlabelling of hazardous substances, industrial chemicals and\ndangerous goods and would be affected by Part 2 of this Act:\nPoisons and Therapeutic Goods Act 1966 of New South Wales\nDrugs, Poisons and Controlled Substances Act 1981 of\nVictoria\nPoisons Regulation 1973 under the Health Act 1937 of\nQueensland\nControlled Substances Act 1984 of South Australia\nPoisons Act 1964 of Western Australia\nPoisons Act 1971 of Tasmania\nPoisons and Dangerous Drugs Act of the Northern Territory\nPoisons and Drugs Act 1978 of the Australian Capital\nTerritory\nThe following laws:\nIndustrial Chemicals (Notification and Assessment) Act 1989\nof the Commonwealth\nOccupational Health and Safety (Commonwealth Employment)\nAct 1991 of the Commonwealth\nOccupational Health and Safety (Commonwealth\nEmployment) (National Standards) Regulations of the\nCommonwealth\nRoad Transport Reform (Dangerous Goods) Act 1995 of the\nCommonwealth\nWork Health Act 1986 of the Northern Territory\n\nSchedule 1\nSchedule 3 Special exemptions\nClause 2\npage 58 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nWork Health (Occupational Health and Safety) Regulations\n1992 of the Northern Territory\nDangerous Goods Act 1980 of the Northern Territory\nDangerous Goods Regulations 1980 of the Northern Territory\nOccupational Safety and Health Act 1984 of Western Australia\nOccupational Safety and Health Regulations 1988 of Western\nAustralia\nExplosives and Dangerous Goods Act 1961 of Western\nAustralia\nDangerous Goods Regulations 1992 of Western Australia\nExplosives Regulations 1963 of Western Australia\nOccupational Health and Safety Act 1983 of New South Wales\nOccupational Health and Safety (Hazardous Substances)\nRegulation 1996 of New South Wales\nOccupational Health and Safety (Carcinogenic Substances)\n(Transitional) Regulation 1994 of New South Wales\nDangerous Goods Act 1975 of New South Wales\nDangerous Goods Regulation 1978 of New South Wales\nDangerous Goods (Gas Installations) Regulation 1982 of New\nSouth Wales\nDangerous Goods Act 1985 of Victoria\nDangerous Goods Act 1976 of Tasmania\nFactories, Shops and Industries Act 1962 of New South Wales\nDangerous Substances Act 1979 of South Australia\nOccupational Health, Safety and Welfare Act 1986 of South\nAustralia\n\nSchedule 1\nSpecial exemptions Schedule 3\nClause 2\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nOccupational Health, Safety and Welfare Regulations 1995 of\nSouth Australia\nOccupational Health and Safety Act 1985 of Victoria\nRegulations under the Occupational Health and Safety Act\n1985 of Victoria\nWorkplace Health and Safety Act 1995 of Queensland\nWorkplace Health and Safety Regulation 1989 of Queensland\nWorkplace Health and Safety Regulation 1995 of Queensland\nWorkplace Health and Safety (Hazardous Substances)\nCompliance Standard 1995 of Queensland\nWorkplace Health and Safety (Lead) Compliance Standard\n1995 of Queensland\nWorkplace Health and Safety Act 1995 of Tasmania\nOccupational Health and Safety Act 1989 of the Australian\nCapital Territory\nOccupational Health and Safety Regulations of the Australian\nCapital Territory\nHazardous Substances Regulations of the Australian Capital\nTerritory\nTrade Practices Act 1974 of the Commonwealth, Division 1A\nof Part V\nFair Trading Act 1987 of New South Wales, sections 26, 30,\n31 and 38\nConsumer Affairs Act 1972 of Victoria, Part IV, sections 57C,\n57D, 59 and 61A\nFair Trading Act 1989 of Queensland, sections 81, 83, 85 and\n85A\n\nSchedule 1\n","sortOrder":57},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Special exemptions","content":"Schedule 3 Special exemptions\nClause 3\npage 60 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nTrade Standards Act 1979 of South Australia, sections 23, 26A\nand 33\nConsumer Affairs Act 1971 of Western Australia, sections 23Q,\n23R and 23U\nFair Trading Act 1987 of Western Australia, sections 50 and\n59\nGoods (Trade Descriptions) Act 1971 of Tasmania, sections 16\nand 17\nSale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7\nand 8\nConsumer Affairs and Fair Trading Act 1990 of the Northern\nTerritory, sections 25, 30 and 38\nConsumer Affairs Act 1973 of the Australian Capital Territory,\nsections 15FBA, 15FCA, 15FB, 15FC and 15FD\n3 Electromagnetic compatibility and radiocommunications\nequipment\nRadiocommunications Act 1992 of the Commonwealth\n4 Road vehicles\nMotor Vehicle Standards Act 1989 of the Commonwealth\n5 Gas appliances\nGas Act 1986 of New South Wales\nGas Supply Act 1996 of New South Wales\nGas and Fuel Corporation Act 1958 of Victoria\nGas Industry Act 1994 of Victoria\nGas Act 1965 of Queensland\n\nSchedule 1\nSpecial exemptions Schedule 3\nClause 5\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nGas Standards Act 1972 of Western Australia, to the extent\nthat it relates to regulation of gas appliances\nGas Act 1988 of South Australia\nDangerous Goods Act 1976 of Tasmania, to the extent that it\nrelates to regulation of gas appliances\nDangerous Goods Act 1980 of the Northern Territory, to the\nextent that it relates to regulation of gas appliances\nGas Act 1992 of the Australian Capital Territory, to the extent\nthat it relates to regulation of gas appliances\nDangerous Goods Act 1984 of the Australian Capital Territory,\nto the extent that it relates to regulation of gas appliances.\n\nSchedule 1\nSchedule 4 Exempt laws relating to occupations\nClause 1\npage 62 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":58},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Exempt laws relating to","content":"Schedule 4 Exempt laws relating to\noccupations\n(see s 49)\n1 Exempt laws\nThe laws specified or described in this Schedule are exempt from\nthe operation of this Act to the extent indicated.\n2 Medical practitioners\nThe following laws, to the extent that they deal with the occupation\nof medical practitioners as referred to in them:\nMedical Practice Act 1992 of New South Wales\nMedical Practice Act 1994 of Victoria\nMedical Act 1939 of Queensland\nMedical Act 1894 of Western Australia\nMedical Practitioners Act 1983 of South Australia\nMedical Practitioners Registration Act 1996 of Tasmania\nMedical Act 1995 of the Northern Territory.\n\nSchedule 1\nPrivacy of information collected under the Act Schedule 5\nInterpretation Part 1\nClause 1\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 5 Privacy of information\ncollected under the Act\n(see s 39)\nPart 1 Interpretation\n1 Interpretation\nIn this Schedule—\nconsent means express consent or implied consent.\nindividual means a natural person.\nindividual concerned, in relation to personal information or a record\nof personal information, means the individual to whom the\ninformation relates.\npersonal information means information or an opinion (including\ninformation or an opinion forming part of a database), whether true\nor not, and whether recorded in a material form or not, about an\nindividual whose identity is apparent, or can reasonably be\nascertained, from the information or opinion.\nrecord means—\n(a) a document; or\n(b) database (however kept); or\n(c) a photograph or other pictorial representation of a person;\nbut does not include—\n(d) a generally available publication; or\n(e) anything kept in a library, art gallery or museum for the\npurposes of reference, study or exhibition; or\n(f) letters or other articles in the course of transmission by post.\n\nSchedule 1\nSchedule 5 Privacy of information collected under the Act\n","sortOrder":59},{"sectionNumber":"Part 1","sectionType":"part","heading":"Interpretation","content":"Part 1 Interpretation\nClause 1\npage 64 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nsolicit, in relation to personal information, means request a person to\nprovide that information, or a kind of information in which that\ninformation is included.\nuse, in relation to information, does not include mere disclosure of\nthe information, but does include the inclusion of the information in\na publication.\n\nSchedule 1\nPrivacy of information collected under the Act Schedule 5\nPrinciples Part 2\nClause 2\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Principles\n2 Solicitation of personal information from individual\nconcerned\nWhere—\n(a) a local registration authority collects personal information\nunder this Act; and\n(b) the information is solicited by the authority from the\nindividuals concerned;\nthe authority must ensure that the forms issued to individuals in\nconnection with collecting the information specify—\n(c) the purpose for which the information is being collected; and\n(d) any person to whom, or any body or agency to which, it is the\nauthority’s usual practice to disclose personal information of\nthe kind so collected, and (if known by the authority) any\nperson to whom, or any body or agency to which, it is the usual\npractice of that first-mentioned person, body or agency to pass\non that information.\n3 Storage and security of personal information\nA local registration authority who has possession or control of a\nrecord that contains personal information must ensure—\n(a) that the record is protected, by such security safeguards as it is\nreasonable in the circumstances to take, against loss, against\nunauthorised access, use, modification or disclosure, and\nagainst other misuse; and\n\nSchedule 1\n","sortOrder":60},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Privacy of information collected under the Act","content":"Schedule 5 Privacy of information collected under the Act\n","sortOrder":61},{"sectionNumber":"Part 2","sectionType":"part","heading":"Principles","content":"Part 2 Principles\nClause 4\npage 66 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) that if it is necessary for the record to be given to a person in\nconnection with the provision of a service to the local\nregistration authority, everything reasonably within the power\nof the authority is done to prevent unauthorised use or\ndisclosure of information contained in the record.\n4 Limits on use of personal information\n(1) A local registration authority who has possession or control of a\nrecord that contains personal information that was obtained under\nthis Act for a particular purpose must not use the information for\nany other purpose unless—\n(a) the individual concerned has consented to use of the\ninformation for that other purpose; or\n(b) of the information for that other purpose is required or\nauthorised by or under law; or\n(c) use of the information for that other purpose is reasonably\nnecessary for enforcement of the criminal law or of a law\nimposing a pecuniary penalty, or for the protection of the\npublic revenue.\n(2) Where personal information is used for enforcement of the criminal\nlaw or of a law imposing a pecuniary penalty, or for the protection\nof the public revenue, the local registration authority must include in\nthe record containing that information a note of that use.\n\nSchedule 1\nPrivacy of information collected under the Act Schedule 5\nPrinciples Part 2\nClause 5\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Limits on disclosure for personal information\n(1) A local registration authority who has possession or control of a\nrecord that contains personal information must not disclose the\ninformation to a person, body or agency (other than the individual\nconcerned) unless—\n(a) the individual concerned is reasonably likely to have been\naware, or made aware under the principle set out in clause 2,\nthat information of that kind is usually passed to that person,\nbody or agency; or\n(b) the individual concerned has consented to the disclosure; or\n(c) the disclosure is required or authorised by or under law; or\n(d) the disclosure is reasonably necessary for the enforcement of\nthe criminal law or of a law imposing a pecuniary penalty, or\nfor the protection of the public revenue.\n(2) Where personal information is disclosed for the purposes of\nenforcement of the criminal law or of a law imposing a pecuniary\npenalty, or for the purpose of the protection of the public revenue,\nthe local registration authority must include in the record containing\nthat information a note of the disclosure.\n(3) A person, body or agency to whom personal information is\ndisclosed under subclause (1) must not use or disclose the\ninformation for a purpose other than the purpose for which the\ninformation was given to the person, body or agency.\n\nDictionary\npage 68 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n ACT\n Chief Minister\n Commonwealth\n the Territory.\nCommonwealth Act—see section 4.\n\nEndnotes\nAbout the endnotes 1\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 69\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n","sortOrder":62},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":63},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 70 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":64},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\nTrans-Tasman Mutual Recognition Act 1997 A1997-30\nnotified 16 July 1997 (Gaz 1997 No S185)\ns 1, s 2 commenced 16 July 1997 (s 2 (1))\nremainder commenced 16 January 1998 (s 2 (3))\nNote Act expires on a date fixed by the Chief Minister by written\nnotice (s 3)\nas amended by\nTrans-Tasman Mutual Recognition (Amendment) Act 1998 A1998-41\nnotified 14 October 1998 (Gaz 1998 No 41)\ns 1, s 2 commenced 14 October 1998 (s 2 (1))\nremainder commenced 16 January 1998 (s 2 (2))\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 392\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 392 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nHealth Professionals Legislation Amendment Act 2004 A2004-39\nsch 5 pt 5.21\nnotified LR 8 July 2004\ns 1, s 2 commenced 8 July 2004 (LA s 75 (1))\nsch 5 pt 5.21 commenced 7 July 2005 (s 2 and see Health\nProfessionals Act 2004 A2004-38, s 2 and CN2005-11)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.106\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.106 commenced 12 April 2007 (s 2 (1))\nVeterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.12\nnotified LR 20 August 2015\ns 1, s 2 commenced 20 August 2015 (LA s 75 (1))\nsch 2 pt 2.12 commenced 1 December 2015 (s 2 (1) and CN2015-22)\n\nEndnotes\nAmendment history 4\nR4\n01/12/15\nTrans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\npage 71\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":65},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\nDictionary\ns 2 om A2001-44 amdt 1.4094\nins A2007-3 amdt 3.526\nNotes\ns 2A ins A2007-3 amdt 3.526\nTermination of Act\ns 3 sub A2001-44 amdt 1.4095\nApproval of amendments of Cwlth Act\ns 6 sub A2001-44 amdt 1.4096\nEndorsement of Cwlth regulations\ns 6A ins A2001-44 amdt 1.4096\nPresentation of certain instruments to Legislative Assembly\ns 7 sub A2001-44 amdt 1.4096\nSchedule 1\nsch 1 hdg (prev sch hdg) renum R1 LA\nsch 1 am A1998-41 s 4\nExempt laws relating to occupations\nsch 4 cl 2 am A2004-39 amdt 5.30; A2015-29 amdt 2.91\nDictionary\ndict ins A2007-3 amdt 3.527\ndef Commonwealth Act ins A2007-3 amdt 3.527\n\nEndnotes\n5 Earlier republications\npage 72 Trans-Tasman Mutual Recognition Act 1997\nEffective: 01/12/15\nR4\n01/12/15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":66},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n23 Apr 2002\n","sortOrder":67},{"sectionNumber":"23","sectionType":"section","heading":"Apr 2002–","content":"23 Apr 2002–\n6 July 2005\nA2001-44 amendments by\nA2001-44\nR2\n7 July 2005\n","sortOrder":68},{"sectionNumber":"7","sectionType":"section","heading":"July 2005–","content":"7 July 2005–\n11 Apr 2007\nA2004-39 amendments by\nA2004-39\nR3\n12 April 2007\n","sortOrder":69},{"sectionNumber":"12","sectionType":"section","heading":"April 2007–","content":"12 April 2007–\n30 Nov 2015\nA2007-3 amendments by\nA2007-3\n© Australian Capital Territory 2015","sortOrder":70}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":742},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original 1996 purpose: implementing mutual recognition of goods standards and occupational registration between Australia and New Zealand. The 2015 amendments visible in the endnotes are minor technical updates (Veterinary Surgeons Act references, Legislation Act consequential amendments) that do not expand scope beyond the original Trans-Tasman Arrangement framework."},"complexity_factors":["Dual-layer structure: ACT 'application Act' wrapping a Commonwealth Act set out in Schedule 1, requiring readers to track cross-references between two legislative layers","Extensive defined terms (47+ definitions in s 4 and Dictionary) including recursive definitions like 'deemed registration' and 'substantive registration'","Multiple exemption regimes with different thresholds: permanent exemptions (Schedule 2), special exemptions (Schedule 3, requiring 2/3 endorsement), temporary exemptions (s 46, health/safety only), and exclusions (Schedule 1, requiring unanimous endorsement)","Conditional logic with nested exceptions — e.g., s 12 exceptions to the mutual recognition principle, which themselves have sub-conditions about equal application and health/safety purpose","Complex procedural requirements for occupation registration: statutory declarations, verification of documents, 1-month deadlines, 6-month postponement limits, and Administrative Appeals Tribunal review pathways","Inter-jurisdictional coordination mechanisms requiring endorsement by 'designated persons' (Governors, Chief Ministers, Administrators) with varying thresholds (unanimous vs two-thirds)","Five schedules containing detailed lists of exempt laws across all Australian jurisdictions, which must be read alongside the main Act"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a system where **goods and professional occupations legally recognised in New Zealand are automatically recognised in Australia** (and vice versa), reducing red tape for trade and workers across the Tasman.\n\n**For goods:** If a product can legally be sold in New Zealand, it can generally be sold in Australia without having to meet additional Australian technical standards — though there are important exceptions for things like quarantine, firearms, dangerous goods, and health and safety laws.\n\n**For occupations:** If someone is registered to work in a profession in New Zealand (like being a lawyer, accountant, or tradesperson), they can apply to be registered for the equivalent occupation in Australia. They get \"deemed registration\" immediately while their application is processed, meaning they can start working straight away. Local registration authorities must grant registration within one month unless there's a good reason to refuse or delay.\n\n**Who it affects:**\n- **Businesses** importing or selling New Zealand-made goods in Australia\n- **Professionals** wanting to work in Australia who are already qualified in New Zealand\n- **State and territory governments** who must adjust their registration systems to comply\n\n**Why it matters:** This is Australia's implementation of the 1996 Trans-Tasman Mutual Recognition Arrangement — a treaty-level agreement to treat New Zealand standards as equivalent to Australian ones, cutting duplication and costs while maintaining safeguards for health, safety, and the environment.\n\n**Key limits:** The scheme doesn't override everything — customs duties, intellectual property laws, quarantine, firearms controls, gaming machines, therapeutic goods, and some medical practitioner rules remain exempt. Temporary exemptions can also be granted for health and safety reasons, but only for up to 12 months at a time."}},"importantCases":[],"_links":{"self":"/api/acts/trans-tasman-mutual-recognition-act-1997","history":"/api/acts/trans-tasman-mutual-recognition-act-1997/history","analysis":"/api/acts/trans-tasman-mutual-recognition-act-1997/analysis","conflicts":"/api/acts/trans-tasman-mutual-recognition-act-1997/conflicts","importantCases":"/api/acts/trans-tasman-mutual-recognition-act-1997/important-cases","documents":"/api/acts/trans-tasman-mutual-recognition-act-1997/documents"}}