{"id":"qld:sl-2013-0131","name":"Trans-Tasman Mutual Recognition (Endorsement) Notice (No. 1) 2013","slug":"trans-tasman-mutual-recognition-endorsement-notice-no-1-2013","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"131 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175636,"registerId":"qld-qld:sl-2013-0131-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Part 1 —Preliminary","content":"# Part 1 —Preliminary","sortOrder":0},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Name of regulation","content":"### sch.1-sec.1 Name of regulation\n\nThis regulation is the Trans-Tasman Mutual Recognition Regulation 2013 .\n(sch.1-sec.1-ssec) This regulation is the Trans-Tasman Mutual Recognition Regulation 2013 .","sortOrder":1},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Commencement","content":"### sch.1-sec.2 Commencement\n\nEach provision of this regulation 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\nProvision(s)\nCommencement\nDate/Details\n1 Sections 1 to 4 , subsections 5(1) and (2) , and anything in this regulation not elsewhere covered by this table\n1 October 2013\n1 October 2013\n2 Subsections 5(3) and (4)\n1 December 2013\n1 December 2013\n(sch.1-sec.2-ssec) Each provision of this regulation 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 Provision(s) Commencement Date/Details 1 Sections 1 to 4 , subsections 5(1) and (2) , and anything in this regulation not elsewhere covered by this table 1 October 2013 1 October 2013 2 Subsections 5(3) and (4) 1 December 2013 1 December 2013","sortOrder":2},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Authority","content":"### sch.1-sec.3 Authority\n\nThis regulation is made under the Trans-Tasman Mutual Recognition Act 1997 .\n(sch.1-sec.3-ssec) This regulation is made under the Trans-Tasman Mutual Recognition Act 1997 .","sortOrder":3},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Definition","content":"### sch.1-sec.4 Definition\n\nIn this regulation:\nAct means the Trans-Tasman Mutual Recognition Act 1997 .\n(sch.1-sec.4-ssec) In this regulation: Act means the Trans-Tasman Mutual Recognition Act 1997 .","sortOrder":4},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Continuation of temporary exemption relating to specific laws—tobacco","content":"### sch.1-sec.5 Continuation of temporary exemption relating to specific laws—tobacco\n\nFor sub section 47 (3) of the Act , the following laws of the Commonwealth are exempt from the operation of the Act :\nTobacco Plain Packaging Act 2011 ;\nTobacco Plain Packaging Regulations 2011 .\nSubsection (1) ceases to have effect on 30 September 2014.\nFor sub section 47 (3) of the Act , the Competition and Consumer Act 2010 , section 134 of Schedule 2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011 is exempt from the Act .\nSubsection (3) ceases to have effect on 30 November 2014.\n(sch.1-sec.5-ssec.1) For sub section 47 (3) of the Act , the following laws of the Commonwealth are exempt from the operation of the Act : Tobacco Plain Packaging Act 2011 ; Tobacco Plain Packaging Regulations 2011 .\n(sch.1-sec.5-ssec.2) Subsection (1) ceases to have effect on 30 September 2014.\n(sch.1-sec.5-ssec.3) For sub section 47 (3) of the Act , the Competition and Consumer Act 2010 , section 134 of Schedule 2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011 is exempt from the Act .\n(sch.1-sec.5-ssec.4) Subsection (3) ceases to have effect on 30 November 2014.\n- (a) Tobacco Plain Packaging Act 2011 ;\n- (b) Tobacco Plain Packaging Regulations 2011 .","sortOrder":5},{"sectionNumber":"sch.2-pt","sectionType":"part","heading":"Name of regulation","content":"# Name of regulation","sortOrder":6},{"sectionNumber":"sch.2-sec.1","sectionType":"section","heading":"Name of regulation","content":"### sch.2-sec.1 Name of regulation\n\nThis regulation is the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013 .\n(sch.2-sec.1-ssec) This regulation is the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013 .","sortOrder":7},{"sectionNumber":"sch.2-sec.2","sectionType":"section","heading":"Commencement","content":"### sch.2-sec.2 Commencement\n\nThis regulation commences on the day after it is registered.\n(sch.2-sec.2-ssec) This regulation commences on the day after it is registered.","sortOrder":8},{"sectionNumber":"sch.2-sec.3","sectionType":"section","heading":"Authority","content":"### sch.2-sec.3 Authority\n\nThis regulation is made under the following Acts:\nsub section 45 (3) of the Trans-Tasman Mutual Recognition Act 1997 ;\nsection 109 of the Tobacco Plain Packaging Act 2011 .\n(sch.2-sec.3-ssec) This regulation is made under the following Acts: sub section 45 (3) of the Trans-Tasman Mutual Recognition Act 1997 ; section 109 of the Tobacco Plain Packaging Act 2011 .\n- (a) sub section 45 (3) of the Trans-Tasman Mutual Recognition Act 1997 ;\n- (b) section 109 of the Tobacco Plain Packaging Act 2011 .","sortOrder":9},{"sectionNumber":"sch.2-sec.4","sectionType":"section","heading":"Schedule(s)","content":"### sch.2-sec.4 Schedule(s)\n\nEach instrument or Act that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n(sch.2-sec.4-ssec) Each instrument or Act that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.","sortOrder":10},{"sectionNumber":"sch.2-pt-oc.2","sectionType":"part","heading":"Schedule 1 —Amendments","content":"# Schedule 1 —Amendments","sortOrder":11},{"sectionNumber":"sch.2-pt-oc.2-div","sectionType":"division","heading":"Tobacco Plain Packaging Regulations 2011","content":"## Tobacco Plain Packaging Regulations 2011","sortOrder":12},{"sectionNumber":"sch.2-sec.1-oc.2","sectionType":"section","heading":"At the end of regulation 1.1.5","content":"### sch.2-sec.1-oc.2 At the end of regulation 1.1.5\n\nAdd:\nNote 1:\nThe Tobacco Plain Packaging Act 2011 and these Regulations were temporarily exempted from the operation of the Trans-Tasman Mutual Recognition Act 1997 under section 46 of that Act and section 109 of the Tobacco Plain Packaging Act 2011 . The temporary exemption operated from 1 October 2012 until the commencement of the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013 .\nNote 2:\nThe Tobacco Plain Packaging Act 2011 and these Regulations are permanently exempted from the operation of the Trans-Tasman Mutual Recognition Act 1997 under sub section 4 (2) and section 45 of that Act, and clause 3 to Part 2 of Schedule 2 to that Act. The permanent exemption began on the commencement of the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013 .","sortOrder":13},{"sectionNumber":"sch.2-pt-oc.2-div-oc.2","sectionType":"division","heading":"Trans-Tasman Mutual Recognition Act 1997","content":"## Trans-Tasman Mutual Recognition Act 1997","sortOrder":14},{"sectionNumber":"sch.2-sec.2-oc.2","sectionType":"section","heading":"Clause 3 of Schedule 2 (at the end of the table)","content":"### sch.2-sec.2-oc.2 Clause 3 of Schedule 2 (at the end of the table)\n\nAdd:\nTobacco\nCompetition and Consumer Act 2010 , section 134 of Schedule 2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011\nTobacco Plain Packaging Act 2011\n- Tobacco\n- Competition and Consumer Act 2010 , section 134 of Schedule 2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011\n- Tobacco Plain Packaging Act 2011","sortOrder":15}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: managing the exemption of tobacco plain packaging laws from the Trans-Tasman Mutual Recognition regime. The two schedules work together sequentially—Schedule 1 provides temporary extensions while Schedule 2 implements permanent exemptions. There is no scope creep beyond this specific policy objective."},"complexity_factors":["Two distinct legislative instruments combined in one document (an endorsement notice and an amendment regulation)","Multiple cross-references to other Acts: Trans-Tasman Mutual Recognition Act 1997, Tobacco Plain Packaging Act 2011, Competition and Consumer Act 2010","Temporal complexity: staggered commencement dates (1 October 2013, 1 December 2013, and 'day after registration')","Sunset clauses with specific expiry dates (30 September 2014, 30 November 2014)","Partial exemptions (e.g., 'to the extent that it relates to...') rather than blanket exemptions","Only 1 defined term ('Act') in the interpretation section","Simple structure with clear divisions between the two schedules"],"plain_english_summary":"This legislation is actually **two separate regulations bundled together**, both dealing with tobacco packaging laws and their relationship with Australia-New Zealand trade rules.\n\n**What it does:**\n\n**Schedule 1** (the \"Endorsement Notice\") temporarily extended exemptions that allowed Australia's plain packaging laws for cigarettes to operate without being challenged under the Trans-Tasman Mutual Recognition Act. This Act normally ensures that goods legally sold in one country can be sold in the other. The temporary exemptions covered:\n- The Tobacco Plain Packaging Act 2011 and its regulations (extended until 30 September 2014)\n- Part of the Competition and Consumer Act relating to tobacco information standards (extended until 30 November 2014)\n\n**Schedule 2** (the \"Amendment Regulation\") made these exemptions **permanent**. It amended the Trans-Tasman Mutual Recognition Act 1997 to permanently exclude Australia's tobacco plain packaging laws from the mutual recognition scheme. It also added explanatory notes to the Tobacco Plain Packaging Regulations explaining the transition from temporary to permanent exemption.\n\n**Who it affects:**\n- Tobacco companies operating in Australia and New Zealand\n- Consumers (by ensuring plain packaging rules remain in force)\n- The Australia-New Zealand trade relationship\n\n**Why it matters:**\nThis legislation protects Australia's world-first plain packaging laws from being undermined by the mutual recognition principle, which would otherwise allow tobacco products packaged for the New Zealand market to be sold in Australia (and vice versa). The permanent exemption ensures Australia can maintain its public health measures without them being challenged as trade barriers."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations do exactly what they appear designed to do: first bridge a temporary exemption gap and then convert it into a permanent exemption for tobacco plain packaging laws from trans-Tasman mutual recognition obligations. The scope is narrow, targeted, and consistent with the stated purpose throughout both instruments."},"complexity_factors":["Involves interaction between multiple Acts and Regulations (Trans-Tasman Mutual Recognition Act 1997, Tobacco Plain Packaging Act 2011, Competition and Consumer Act 2010)","Two separate but interrelated instruments presented together, each amending different parent legislation","Staggered commencement dates across four different subsections require careful tracking","Distinction between temporary exemption (first regulation) and permanent exemption (second regulation) is conceptually important but easy to miss","Cross-referencing between treaty obligations, domestic Acts, and subordinate regulations adds layers","The bundled 'Notice' structure (endorsement notice wrapping two schedules) is an unusual legislative format that can confuse readers"],"plain_english_summary":"These paired regulations protect Australia’s Tobacco Plain Packaging laws from being overridden by the Australia–New Zealand mutual recognition arrangement. An initial regulation temporarily paused mutual recognition for tobacco packaging while a follow-up made that carve‑out permanent and updated the statute book.\n\nThe result: tobacco importers and manufacturers cannot rely on New Zealand approvals to bypass Australia’s plain‑packaging requirements, preserving the law’s public‑health effect."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation narrows the scope of the Trans‑Tasman Mutual Recognition Act 1997 by exempting specified Commonwealth tobacco laws from its operation. It continues temporary exemptions and then establishes a permanent exemption for the Tobacco Plain Packaging Act 2011, its Regulations, and part of the Competition and Consumer Act 2010 (see sch.1‑sec.5 and sch.2 schedule additions)."},"complexity_factors":["Cross‑references to multiple Acts (Trans‑Tasman Mutual Recognition Act 1997; Tobacco Plain Packaging Act 2011; Competition and Consumer Act 2010).","Mixture of temporary continuations and a later permanent exemption with explicit end dates for the temporary measures.","Amendments implemented across schedules and notes in separate instruments (Regulation and Legislation Amendment Regulation).","Partial carve‑out of a provision (section 134 of Schedule 2 to the Competition and Consumer Act 2010 only insofar as it relates to the Tobacco Information Standard).","Staggered commencement dates and table‑driven commencements increase interpretive attention.","Legal effect depends on interpreting which instrument and schedule item applies at particular times (transitional vs permanent)."],"plain_english_summary":"This instrument takes certain Commonwealth tobacco measures out of the Trans‑Tasman mutual‑recognition framework. It exempts the Tobacco Plain Packaging Act 2011, its Regulations and a specified part of the Competition and Consumer Act 2010 (as it relates to the Tobacco Information Standard) from the Trans‑Tasman Mutual Recognition Act 1997, with transitional timing for temporary continuation and a subsequent permanent exemption. The change means those Commonwealth tobacco rules are not subject to mutual‑recognition overrides."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-no-1-2013","history":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-no-1-2013/history","analysis":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-no-1-2013/analysis","conflicts":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-no-1-2013/conflicts","importantCases":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-no-1-2013/important-cases","documents":"/api/acts/trans-tasman-mutual-recognition-endorsement-notice-no-1-2013/documents"}}