{"id":"nsw:sl-2022-0249","name":"Trans-Tasman Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2022","slug":"trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"249 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176187,"registerId":"nsw-nsw:sl-2022-0249-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Trans-Tasman Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2022](/view/html/inforce/current/sl-2022-0249).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 June 2022.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Regulation—\n> \n> the Act means the [Trans-Tasman Mutual Recognition (New South Wales) Act 1996](/view/html/inforce/current/act-1996-102).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4 (Repealed)","sortOrder":4}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on available text, the regulation appears to operate within its originally intended purpose — providing temporary, targeted carve-outs from the Trans-Tasman Mutual Recognition scheme for NSW. The June 2023 amendment may have adjusted specific exemptions, but there is no evidence of a fundamental shift in the regulation's overall scope or intent."},"complexity_factors":["Operates as a layer on top of an existing complex legislative framework (Trans-Tasman Mutual Recognition Act), requiring understanding of that parent scheme to fully grasp the impact","The actual exemptions (the most practically important content) are not visible in the provided text, making the real scope difficult to assess","Interplay between Commonwealth, NSW, and New Zealand regulatory systems adds jurisdictional complexity","Automatic repeal mechanism under the Subordinate Legislation Act 1989 introduces a time-limited compliance consideration","The regulation has already been amended once (June 2023 version), suggesting evolving scope"],"plain_english_summary":"## Trans-Tasman Mutual Recognition (NSW) Temporary Exemptions Regulation 2022\n\n**What this law does:**\nThis regulation creates **temporary exemptions** to the Trans-Tasman Mutual Recognition scheme — a system that normally allows people and businesses registered to work or sell goods in New Zealand to automatically do the same in Australia (and vice versa), without needing a separate Australian licence or approval.\n\nBy granting exemptions, this regulation effectively **blocks or pauses** that automatic recognition for certain occupations or goods, meaning that in those specific cases, New Zealand-registered workers or products must still meet NSW's own rules before operating here.\n\n**Who it affects:**\n- Workers or tradespeople who are licensed in New Zealand and want to work in NSW in an affected occupation\n- Businesses selling goods regulated under the exempted categories into the NSW market\n- NSW regulatory bodies that oversee the affected industries\n\n**Why it matters:**\nWithout this regulation, the mutual recognition rules would require NSW to automatically accept New Zealand standards — even if NSW regulators believe those standards don't adequately protect the public in particular areas. These temporary exemptions give NSW the ability to maintain its own, potentially stricter, requirements where it considers that necessary.\n\n**Important limitations:**\n- The exemptions are **temporary** — this regulation is scheduled for automatic repeal on **1 September 2027**\n- The actual list of exempted occupations or goods is not visible in the text provided, which limits a full assessment of real-world impact\n\n**Bottom line:** If you're a New Zealand-licensed worker or business hoping to rely on Trans-Tasman mutual recognition to work or sell in NSW, you may find that certain categories are carved out and require you to meet NSW-specific requirements instead."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Regulation, as provided, includes a repealed section (s 4), indicating that the instrument was amended to remove content. The preliminary provisions themselves do not set substantive scope (they name the instrument, fix commencement and define the Act reference), so any change to substantive scope must be located in other parts of the Regulation or in the removed s 4. The supplied text therefore shows an internal change (repeal of s 4) but does not provide the removed material, so the net substantive effect on regulated parties cannot be determined from these sections alone (s 4)."},"complexity_factors":["Very short instrument: only naming, commencement and one definition are provided (ss 1–3).","Heavy reliance on external instruments for operative meaning (the Trans-Tasman Mutual Recognition (NSW) Act 1996 and the Interpretation Act 1987) (s 3).","Absence of substantive provisions in the supplied text (no exemptions, powers, obligations spelled out), increasing the need to consult other sources.","Presence of a repealed section (s 4), which indicates amendment history that may require checking earlier versions for context."],"plain_english_summary":"What this instrument does (mechanically)\n\n- Names the instrument the \"Trans-Tasman Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2022\" (s 1).  \n- States the date the Regulation starts to operate: 1 June 2022 (s 2).  \n- Defines the term \"the Act\" for the purposes of this Regulation to mean the Trans-Tasman Mutual Recognition (New South Wales) Act 1996, and notes that that Act and the Interpretation Act 1987 contain additional definitions and interpretive rules that apply (s 3).  \n- Records that section 4 has been repealed (s 4).\n\nWho this affects and how\n\n- These introductory provisions directly affect anyone needing to identify or interpret the Regulation (for example lawyers, regulators, businesses, and individuals relying on the Regulation) because they establish the instrument's name, commencement date and a key definition (ss 1–3).  \n- The provisions included here do not themselves create substantive obligations, exemptions, fees or regulatory powers. They are preliminary drafting matters that link this Regulation to the underlying Act and to general interpretation rules (s 3).  \n\nWhat the title claims, and how that claim measures up to what the text actually does\n\n- The title of the instrument identifies it as a \"Temporary Exemptions Regulation\". That is a descriptive claim in the instrument’s name, not an operative provision. The text supplied here (ss 1–3 and the note) does not, by itself, set out any specific temporary exemptions or the rules for granting them. Any substantive exemptions, their targets, or administrative rules would have to appear elsewhere in the Regulation or in the underlying Act. Users should not assume substantive exemption rules from the preliminary provisions alone (see s 1 for the name and s 3 for the Act reference).\n\nCosts, incentives, compliance burden and discretion (what changes in behaviour and who pays/decides)\n\n- These preliminary sections impose negligible direct compliance cost: they do not create reporting, licensing, fee or enforcement obligations in themselves (ss 1–3).  \n- Decision-making powers, compliance obligations, or costs (if any) would be found in the substantive provisions of the Regulation or the referenced Act. Because these preliminary clauses refer to the underlying Act and the Interpretation Act, interpreting any substantive effect requires consulting those instruments (s 3). This creates a dependency: users must consult multiple instruments to know legal obligations, which raises the transaction cost of compliance.  \n- No new administrative discretions or enforcement mechanisms are created in the supplied text. Any discretion affecting private parties would be in omitted substantive clauses, not in the preliminary provisions provided (ss 1–3).\n\nImplementation risk and uncertainty\n\n- The supplied text is narrowly procedural. The real regulatory effect (temporary exemptions, if any) is not contained in the provisions you supplied. That means there is interpretive dependence on other parts of the Regulation or on the Trans-Tasman Mutual Recognition (NSW) Act 1996 and the Interpretation Act 1987 (s 3). This creates implementation risk for users who rely only on the preliminary provisions: they may not see substantive rules, time limits, or administrative processes unless they examine the rest of the Regulation and the Act.\n\nRepeal note\n\n- Section 4 is recorded as repealed. The repeal is noted in the text but the removed content is not reproduced here; that indicates an internal change within the instrument but does not, in the supplied text, indicate any substantive effect beyond the removal of whatever s 4 formerly provided (s 4)."},"kimi_summary":{"content_quality":"rejected","complexity_score":2,"rejection_reason":"This appears to be an incomplete fragment or navigation page showing only the preliminary sections (Part 1) of the regulation. It contains only standard machinery provisions (name, commencement, one definition, and a repealed section) without any substantive content regarding the actual temporary exemptions. The core regulatory content—what occupations are exempted, under what conditions, and for how long—is missing. This is essentially a stub or table-of-contents entry rather than analyzable legislation.","scope_assessment":{"changed":false,"description":"Insufficient content to assess scope changes. The visible portion shows only standard preliminary provisions (name, commencement, definitions) typical of any regulation."},"complexity_factors":["Only 3 substantive sections shown (Name, Commencement, Definition)","Single defined term ('the Act')","No cross-references to other legislation beyond standard interpretation acts","One repealed section (s 4)","Extremely short length—appears to be a fragment or preliminary portion only"],"plain_english_summary":"This is a New South Wales regulation that creates temporary exemptions from the Trans-Tasman Mutual Recognition scheme. The scheme normally allows professionals registered in New Zealand to work in NSW (and vice versa) without needing to re-register. This regulation temporarily suspends that automatic recognition for specific occupations or circumstances. It commenced on 1 June 2022. The regulation is very short—essentially just setting up definitions and noting that section 4 has been repealed—suggesting the substantive exemptions may be in a schedule or subsequent sections not shown in this excerpt."}},"importantCases":[],"_links":{"self":"/api/acts/trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022","history":"/api/acts/trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022/history","analysis":"/api/acts/trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022/analysis","conflicts":"/api/acts/trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022/conflicts","importantCases":"/api/acts/trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022/important-cases","documents":"/api/acts/trans-tasman-mutual-recognition-new-south-wales-temporary-exemptions-regulation-2022/documents"}}