{"id":"qld:sl-2025-0123","name":"Trans-Tasman Mutual Recognition (Endorsement) Notice 2025","slug":"trans-tasman-mutual-recognition-endorsement-notice-2025","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"123 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173684,"registerId":"qld-sl-2025-0123-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Name","content":"### sch.1-sec.1 Name\n\nThis instrument is the Trans-Tasman Mutual Recognition (Continuation of Temporary Exemption of Public Health (Tobacco and Other Products) Act 2023) Regulations 2025 .\n(sch.1-sec.1-ssec) This instrument is the Trans-Tasman Mutual Recognition (Continuation of Temporary Exemption of Public Health (Tobacco and Other Products) Act 2023) Regulations 2025 .","sortOrder":1},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Commencement","content":"### sch.1-sec.2 Commencement\n\nEach provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\nCommencement information\nColumn 1\nColumn 2\nColumn 3\nProvisions\nCommencement\nDate/Details\n1. The whole of this instrument\nThe day after this instrument is registered.\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\nAny information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n(sch.1-sec.2-ssec.1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument The day after this instrument is registered. Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n(sch.1-sec.2-ssec.2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.","sortOrder":2},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Authority","content":"### sch.1-sec.3 Authority\n\nThis instrument is made under sub section 47 (4) of the Trans-Tasman Mutual Recognition Act 1997 .\n(sch.1-sec.3-ssec) This instrument is made under sub section 47 (4) of the Trans-Tasman Mutual Recognition Act 1997 .","sortOrder":3},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Definitions","content":"### sch.1-sec.4 Definitions\n\nIn this instrument—\nAct means the Trans-Tasman Mutual Recognition Act 1997 .\n(sch.1-sec.4-ssec) In this instrument— Act means the Trans-Tasman Mutual Recognition Act 1997 .","sortOrder":4},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Repeal of this instrument","content":"### sch.1-sec.5 Repeal of this instrument\n\nThis instrument is repealed at the end of 31 March 2026.\n(sch.1-sec.5-ssec) This instrument is repealed at the end of 31 March 2026.","sortOrder":5},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Continuation of temporary exemption","content":"# Continuation of temporary exemption","sortOrder":6},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Continuation of temporary exemption of Public Health (Tobacco and Other Products) Act 2023","content":"### sch.1-sec.6 Continuation of temporary exemption of Public Health (Tobacco and Other Products) Act 2023\n\nFor the purposes of sub section 47 (3) of the Act , the Public Health (Tobacco and Other Products) Act 2023 is declared to be exempt from the operation of the Trans-Tasman Mutual Recognition Act 1997 .\nNote: This section is to revive the effect of an exemption under section 46 of the Act . For that exemption, see section 12 of the Public Health (Tobacco and Other Products) Regulations 2024 .\n(sch.1-sec.6-ssec) For the purposes of sub section 47 (3) of the Act , the Public Health (Tobacco and Other Products) Act 2023 is declared to be exempt from the operation of the Trans-Tasman Mutual Recognition Act 1997 . Note: This section is to revive the effect of an exemption under section 46 of the Act . For that exemption, see section 12 of the Public Health (Tobacco and Other Products) Regulations 2024 .","sortOrder":7}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not broaden the subject-matter of the prior exemption; it revives and continues the existing exemption of the Public Health (Tobacco and Other Products) Act 2023 from the Trans‑Tasman Mutual Recognition Act 1997 for a limited period ending 31 March 2026 (sch.1-sec.6; sch.1-sec.5). It restores prior legal effect rather than adding new regulatory scope or obligations."},"complexity_factors":["Single-purpose, short instrument limited to one named Act (sch.1-sec.6)","Cross-references to the Trans-Tasman Mutual Recognition Act 1997 (s47(3), s47(4)) and prior exemption mechanics (sch.1-sec.3; sch.1-sec.6)","Temporary duration and fixed repeal date creates time-limited legal effect (sch.1-sec.5)","Commencement mechanics tied to registration date (sch.1-sec.2)","Reference to external instrument (Public Health (Tobacco and Other Products) Regulations 2024, s12) increases interpretive dependencies (sch.1-sec.6 note)"],"plain_english_summary":"**What this does:** This instrument keeps the Public Health (Tobacco and Other Products) Act 2023 outside the operation of the Trans‑Tasman Mutual Recognition Act 1997 by reviving a previous exemption (sch.1-sec.6). **Who it affects and why it matters:** It changes which legal regime governs cross‑jurisdiction recognition for that tobacco law while in force — the instrument takes effect the day after registration and expires 31 March 2026 (sch.1-sec.2; sch.1-sec.5), and is made under s47(4) of the TTMR Act (sch.1-sec.3)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the limited function described in its title and authority provision: continuing a temporary exemption for a specific public health statute. There is no scope creep or expansion beyond the original purpose of maintaining regulatory autonomy over tobacco and vaping products."},"complexity_factors":["Only 1 defined term ('Act') in the interpretation section","Single operative provision (section 6) with straightforward declaration","No nested exceptions or conditional logic","Minimal cross-referencing (only to parent Act and related tobacco regulations)","Short duration instrument with automatic sunset clause","Total length: approximately 6 short sections"],"plain_english_summary":"**What this legislation does:**\n\nThis instrument extends a temporary exemption that prevents the *Trans-Tasman Mutual Recognition Act 1997* from applying to the *Public Health (Tobacco and Other Products) Act 2023*.\n\n**What that means in practice:**\n\nNormally, the Trans-Tasman Mutual Recognition scheme allows goods and occupations that are legally sold or practised in New Zealand to be automatically recognised in Australia (and vice versa). This \"mutual recognition\" stops states from blocking products or professionals that are already approved across the Tasman.\n\nThis exemption **breaks that rule specifically for tobacco and vaping products** regulated under the 2023 Public Health Act. It means:\n- Australian states and territories can keep their own stricter rules about tobacco and vaping products\n- Products legally sold in New Zealand under different standards won't automatically get a free pass into Australia\n- The exemption prevents a \"race to the bottom\" where the weakest regulations apply across both countries\n\n**Who it affects:**\n- Tobacco and vaping product manufacturers and importers\n- State and territory health regulators\n- Consumers (indirectly, through continued local control of product standards)\n\n**Why it matters:**\nAustralia has been tightening vaping regulations significantly (including prescription-only requirements for nicotine vapes). Without this exemption, New Zealand's more permissive vaping rules could have undermined Australia's public health approach through the mutual recognition framework.\n\n**How long it lasts:**\nThe exemption runs until 31 March 2026, at which point this instrument automatically repeals itself."},"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"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation does exactly what its name says — it continues an existing temporary exemption. There is no expansion or contraction of scope beyond its stated purpose of shielding the Public Health (Tobacco and Other Products) Act 2023 from Trans-Tasman Mutual Recognition obligations until 31 March 2026."},"complexity_factors":["Requires understanding of the Trans-Tasman Mutual Recognition Act 1997 and how exemption mechanisms within it work","Interacts with multiple pieces of legislation (Trans-Tasman Mutual Recognition Act 1997, Public Health (Tobacco and Other Products) Act 2023, Public Health (Tobacco and Other Products) Regulations 2024)","The 'revival' mechanism — reinstating a lapsed exemption rather than creating a new one — adds a layer of legal nuance","Distinction between subsection 46 (original exemption power) and subsection 47 (continuation power) requires careful reading","Temporary instrument with automatic repeal adds a time-sensitivity element"],"plain_english_summary":"This regulation temporarily preserves an exemption that prevents the Trans‑Tasman mutual recognition rules from overriding Australia’s strict Public Health (Tobacco and Other Products) Act 2023. It revives a lapsed carve‑out and keeps it in place until 31 March 2026.\n\nIt matters because it blocks a potential trade‑law route for New Zealand sellers to import tobacco or vaping products that would otherwise breach Australia’s tighter public‑health standards."}},"importantCases":[],"_links":{"self":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-2025","history":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-2025/history","analysis":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-2025/analysis","conflicts":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-2025/conflicts","importantCases":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-2025/important-cases","documents":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-2025/documents"}}