Australian Capital Territory act

Trans-Tasman Mutual Recognition Act 1997

In ForceACT

Jurisdiction

Australian Capital Territory

Act Number

30 of 1997

Collection

act

Plain English Summary

8/10 complexity

The Act makes participating Australian jurisdictions accept goods lawfully produced or imported into New Zealand for sale there, and allows New Zealand‑registered persons to seek registration and practise in equivalent Australian occupations, subject to specified exceptions, exclusions and conditions (goods: s10–12; occupations: s16–26). Local registration authorities decide registration, may impose proportionate conditions and fees (s19, s40), and there are time limits, review routes to the Administrative Appeals Tribunal and rules for information‑sharing and privacy (s20–33; Schedule 5).

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What it does

This Act gives statutory effect in the Australian Capital Territory to the Trans‑Tasman mutual recognition model that treats goods lawfully produced in or imported into New Zealand as entitled to be sold in Australian jurisdictions without having to meet additional local requirements in many areas, and similarly treats persons registered for regulated occupations in New Zealand as entitled to registration and to carry on equivalent occupations in Australian jurisdictions, subject to defined exceptions and processes (see Parts 2 and 3 of Schedule 1, enacted by s 5(1) read with Schedule 1). The Act operates by importing the Commonwealth-style Trans‑Tasman Mutual Recognition Bill (Schedule 1) into ACT law and by creating local machinery to cooperate with the Commonwealth Act and other participating jurisdictions (s 5, s 6, s 50).

Mechanically, for goods the Act: (a) declares the Trans‑Tasman mutual recognition principle for goods (s 9-10); (b) identifies categories of local requirements that New Zealand goods do not have to comply with (s 11); (c) sets out exceptions where local law continues to apply (s 12); and (d) creates a statutory defence to prosecution in sale‑related offences when the seller complies with particular labelling and good‑faith requirements (s 13). The Act does not prevent sale where goods already comply with local law (s 14).

Mechanically, for occupations the Act: (a) declares the Trans‑Tasman mutual recognition principle for occupations (s 15-16); (b) creates a notice process by which a New Zealand‑registered person seeks registration in an Australian jurisdiction and the documentary and verification standards that must accompany the notice (s 18); (c) provides for deemed registration pending substantive determination (s 24-26); (d) imposes time limits on decisions (registration must be granted within one month unless postponed or refused) and sets grounds for postponement or refusal (s 20-22); (e) provides review to the Administrative Appeals Tribunal (the Australian Tribunal) and a mechanism for declaration of non‑equivalence or equivalence by Ministers or the Tribunal (s 29-31, s 33); and (f) obliges local registration authorities to cooperate, share information and prepare guidelines, with limits on fees and personal attendance formalities (s 37-41).

Current sections

Direct links to the current provisions in Trans-Tasman Mutual Recognition Act 1997.

Notes

2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 3 Termination of Act (1) The Chief Minister may, in writing, fix a day when this Act is to expire. (2) The day must not be earlier than 12 months after the day the instrument is notified under the Legislation Act 2001. (3) This Act expires on the day fixed by the Chief Minister. (4) An instrument under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001.

Section 4 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Meaning of Commonwealth Act In this Act: Note A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155). Commonwealth Act means the Act of the Parliament of the Commonwealth, enacted as referred to in section 5 (1), and as amended and in force from time to time. 5 Request for Commonwealth legislation (1) The Legislative Assembly requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in schedule 1 and, subject to subsection (2), the continuation in force of the Act when so enacted. (2) The Legislative Assembly requests the Parliament of the Commonwealth to amend the Commonwealth Act (other than the schedules) but only in terms that are approved by the designated person for each of the then participating jurisdictions. (3) For this section, a participating jurisdiction is— (a) a State for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, matters to which schedule 1 relates, or that adopts the Commonwealth Act, under the Constitution, section 51 (37); or (b) the ACT or the Northern Territory (while there is in force an Act of the Legislative Assembly of the Northern Territory that requests the Parliament of the Commonwealth to enact the Commonwealth Act or that enables the Commonwealth Act to apply in relation to the Northern Territory).

Section 6 page 4 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) For this section, the designated person for the ACT is the Chief Minister, for a State is the Governor and for the Northern Territory is the Administrator. 6 Approval of amendments of Cwlth Act (1) For section 5 (2), the Chief Minister may, in writing, approve the terms of amendments of the Commonwealth Act. (2) An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001.

Endorsement of Cwlth regulations

6A Endorsement of Cwlth regulations (1) The Chief Minister may, in writing, endorse a proposed Commonwealth regulation for the Commonwealth Act, section 44, 45, 47, 48 or 49. (2) An endorsement is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act 2001. 7 Presentation of certain instruments to Legislative Assembly The Chief Minister must present each of the following instruments to the Legislative Assembly within 5 sitting days after the day it is notified under the Legislation Act 2001: (a) an instrument under section 3 (Termination of Act) fixing a day when this Act is to expire; (b) an approval under section 6 of the terms of amendments of the Commonwealth Act; (c) an endorsement under section 6A of a proposed Commonwealth regulation.

Section 8 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 8 Regulations for temporary exemptions for goods Without limiting any other power to make regulations under any other Act, the Executive may make regulations for the purposes mentioned in the Commonwealth Act, section 46.

Schedule 1 page 6 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 (see s 5 (1)) Trans-Tasman Mutual Recognition Bill 1997 A Bill for An Act relating to the recognition within Australia of regulatory standards adopted in New Zealand regarding goods and occupations The Parliament of Australia enacts:

Schedule 1 Preliminary Part 1 Clause 1 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Short title This Act may be cited as the Trans-Tasman Mutual Recognition Act 1997. 2 Commencement (1) This Part commences on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation. 3 Principal purpose (1) The principal purpose of this Act is to enact legislation authorised by the Parliaments of States under paragraph (xxxvii) of section 51 of the Commonwealth Constitution, and requested by the legislatures of the Australian Capital Territory and the Northern Territory, for the purpose of recognising within Australia regulatory standards adopted in New Zealand regarding goods and occupations. (2) The legislation is as contemplated by the Trans-Tasman Mutual Recognition Arrangement entered into on 9 July 1996 between the Commonwealth of Australia, New Zealand, the States of New South Wales, Victoria, Queensland, Western Australia, South Australia and Tasmania, the Australian Capital Territory and the Northern Territory. 4 Interpretation (1) In this Act, unless the contrary intention appears— Australia means Australia in a geographical sense, and does not include the external territories.

Schedule 1 Part 1 Preliminary Clause 4 page 8 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian jurisdiction means a participating jurisdiction, other than New Zealand. Australian Tribunal means the Administrative Appeals Tribunal or a successor to that body. conditions, when used in relation to occupations, means conditions, limitations or restrictions. deemed registration means deemed registration as defined in section 24. designated person means— (a) for New Zealand—a Minister of the Crown for New Zealand; (b) for the Commonwealth—the Governor-General of Australia; (c) for a State (other than a Territory)—the Governor of the State or a Minister of the Crown for the State; (d) for the Australian Capital Territory—the Chief Minister of the Territory; or (e) for the Northern Territory—the Administrator of the Territory. equivalent, when used in relation to occupations, has a meaning affected by Division 4 of Part 3. goods means goods of any kind, and includes— (a) animals or plants; (b) material of microbial origin; (c) a package containing goods; or (d) a label attached to goods. grant, when used in relation to registration, means grant, issue or otherwise confer registration. import into an Australian jurisdiction means import from outside Australia.

Schedule 1 Preliminary Part 1 Clause 4 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au labelling of goods includes any means by which, at the point of sale, information is attached to goods or is displayed in relation to goods without being attached to them. local registration authority of a participating jurisdiction for an occupation means the person or authority in the jurisdiction having the function conferred by legislation of registering persons in connection with their carrying on that occupation in the jurisdiction. New Zealand has the meaning given by the Acts Interpretation Act 1924 of New Zealand, as in force from time to time. New Zealand Act means the Act of the Parliament of New Zealand (as amended and in force from time to time) that deals with Trans-Tasman mutual recognition and corresponds to this Act, and includes any Act replacing that Act (as amended and in force from time to time). New Zealand Tribunal means the Trans-Tasman Occupations Tribunal of New Zealand or a successor to that body. occupation means an occupation, trade, profession or calling of any kind that may be carried on only by registered persons, where registration is wholly or partly dependent on the attainment or possession of some qualification (for example, training, education, examination, experience, character or being fit or proper), and includes a specialisation in any of the above in which registration may be granted. participating jurisdiction has the meaning given by section 50. produce includes to manufacture, and also includes to harvest or otherwise produce in the course of any form of primary production. registration includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for carrying on an occupation.

Schedule 1 Part 1 Preliminary Clause 5 page 10 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au requirements, when used in relation to goods, means requirements, prohibitions, restrictions or conditions. sell includes sell by wholesale or retail, and includes distribute for sale, expose or offer for sale or have in possession for sale or agree to sell, and includes barter, and includes supply by way of exchange, lease, hire or hire-purchase. State includes the Australian Capital Territory and the Northern Territory. substantive registration means registration under a law of a participating jurisdiction, but does not include deemed registration. (2) A law specified or described in a Schedule to this Act includes (unless otherwise stated in the Schedule) any relevant regulations or other statutory instruments under that law. (3) A law specified or described in a Schedule to this Act, including any relevant regulations or other statutory instruments under that law, includes (unless otherwise stated in the Schedule) any amendment or replacement of that law, but only to the extent that the effect of the amendment or replacement does not restrict the scope of this Act. (4) A reference in this Act to the designated person is, in relation to a participating jurisdiction for which there is or can be more than one designated person, a reference to any one of them. (5) This Act is to be interpreted in accordance with the Acts Interpretation Act 1901 as in force at the date on which this Act receives the Royal Assent. 5 Operation of this Act in relation to the Commonwealth (1) Subject to this section— (a) this Act has effect despite anything in any other law of the Commonwealth enacted or made before the commencement of this section; and

Schedule 1 Preliminary Part 1 Clause 6 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) any law of the Commonwealth enacted or made after the commencement of this section is to be construed as having effect subject to this Act, except where that law expressly overrides this Act. (2) Subject to subsection 51 (2), nothing in this Act affects the operation of the Mutual Recognition Act 1992. 6 Operation of this Act in relation to the States (1) This Act applies to a State, but only while it is a participating jurisdiction. (2) Accordingly, a reference in this Act to a State is a reference to a State that is a participating jurisdiction, and this Act does not affect the operation of the laws of a State that is not a participating jurisdiction. (3) This Act does not affect the operation of a law of a State so far as it can operate concurrently with this Act. 7 Operation of this Act in relation to New Zealand (1) The Governor-General may declare by Proclamation that this Act will cease to have effect on a specified day, if satisfied that— (a) New Zealand is not a participating jurisdiction and is not likely to become a participating jurisdiction in the near future; or (b) New Zealand is a participating jurisdiction but is likely to cease to be a participating jurisdiction in the near future. (2) Such a Proclamation cannot be made unless the designated person for each of the participating jurisdictions (other than New Zealand and the Commonwealth) has published a notice in the official gazette of the jurisdiction requesting the making of the Proclamation.

Schedule 1 Part 1 Preliminary Clause 8 page 12 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Such a Proclamation is effective according to its terms. 8 Crown bound Subject to section 6, this Act binds the Crown in right of the Commonwealth and of each of the States.

Schedule 1 Goods Part 2 Clause 9 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Goods 9 Trans-Tasman mutual recognition principle (1) The Trans-Tasman mutual recognition principle as applying to goods is as set out in this Part. (2) This Part deals with goods produced in or imported into New Zealand and their sale in Australia. 10 Entitlement to sell goods The Trans-Tasman mutual recognition principle is that, subject to this Part, goods produced in or imported into New Zealand, that may lawfully be sold in New Zealand, either generally or in particular circumstances, may, by virtue of this Act, be sold in an Australian jurisdiction either generally or in particular circumstances (as the case may be), without the necessity for compliance with further requirements imposed by or under the law of that jurisdiction as described in section 11. 11 Requirements that do not need to be complied with The further requirements referred to in section 10 are any one or more of the following requirements relating to sale that are imposed by or under the law of the Australian jurisdiction concerned: (a) a requirement that the goods satisfy standards of the jurisdiction relating to the goods themselves, including for example requirements relating to their production, composition, quality or performance; (b) a requirement that the goods satisfy standards of the jurisdiction relating to the way the goods are presented, including for example requirements relating to their packaging, labelling, date stamping or age;

Schedule 1 Part 2 Goods Clause 12 page 14 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a requirement that the goods be inspected, passed or similarly dealt with in or for the purposes of the jurisdiction; (d) a requirement that any step in the production of the goods not occur outside the jurisdiction; (e) any other requirement relating to sale that would prevent or restrict, or would have the effect of preventing or restricting, the sale of the goods in the jurisdiction. 12 Requirements that do need to be complied with (1) The Trans-Tasman mutual recognition principle is subject to the exceptions specified in this section. (2) The first exception is that the principle does not affect the operation of any laws of an Australian jurisdiction that regulate the manner of the sale of goods in the jurisdiction or the manner in which sellers conduct or are required to conduct their business in the jurisdiction (including laws set out in the examples below), so long as those laws apply equally to goods produced in or imported into the jurisdiction. Examples: Laws relating to the following: (a) the contractual aspects of the sale of goods; (b) the registration of sellers or other persons carrying on occupations; (c) the requirement for business franchise licences; (d) the persons to whom goods may or may not be sold; (e) the circumstances in which goods may or may not be sold. (3) The second exception is that the principle does not affect the operation of any laws of an Australian jurisdiction regarding the transportation, storage or handling of goods within the jurisdiction, so long as—

Schedule 1 Goods Part 2 Clause 13 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (a) those laws apply equally to goods produced in or imported into the jurisdiction; and (b) those laws are directed at matters affecting health and safety of persons in the jurisdiction or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the jurisdiction. (4) The third exception is that the principle does not affect the operation of any laws of an Australian jurisdiction regarding the inspection of goods within the jurisdiction, so long as— (a) inspection or the requirement for inspection is not a prerequisite to the sale of the goods in the jurisdiction; (b) those laws apply equally to goods produced in or imported into the jurisdiction; and (c) those laws are directed at matters affecting the health and safety of persons in the jurisdiction or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the jurisdiction.

Defences to offences regarding sale

13 Defences to offences regarding sale (1) It is a defence to a prosecution for an offence against a law of an Australian jurisdiction in relation to the sale of any goods if the defendant expressly claims that the Trans-Tasman mutual recognition principle applies and establishes that— (a) the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into New Zealand; and (b) the defendant had no reasonable grounds for suspecting that they were not so produced or imported.

Schedule 1 Part 2 Goods Clause 14 page 16 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The defence is not available if the prosecution proves that the Trans-Tasman mutual recognition principle did not apply in the circumstances of the alleged offence (because for example the goods did not comply with requirements imposed by the law of New Zealand). (3) Any relevant presumptions or evidentiary procedures under the law of New Zealand are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2). (4) Any relevant defences under the law of New Zealand are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2). (5) This section does not affect any defence that is available apart from this section.

Goods that comply with local law

14 Goods that comply with local law Nothing in this Part prevents goods from being sold in an Australian jurisdiction if (apart from this Act) they comply with the relevant requirements of the law in force in the jurisdiction.

Schedule 1 Occupations Part 3 Clause 15 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Occupations

Div 1

Preliminary

Division 1 Preliminary

Trans-Tasman mutual recognition principle

15 Trans-Tasman mutual recognition principle (1) The Trans-Tasman mutual recognition principle as applying to occupations is as set out in this Part. (2) This Part deals with the ability of a person who is registered in connection with an occupation in New Zealand to carry on an equivalent occupation in Australia.

Entitlement to carry on occupation

16 Entitlement to carry on occupation (1) The Trans-Tasman mutual recognition principle is that, subject to this Part, a person who is registered in New Zealand for an occupation is, by virtue of this Act, entitled after notifying the local registration authority of an Australian jurisdiction for the equivalent occupation— (a) to be registered in the jurisdiction for the equivalent occupation; and (b) pending such registration, to carry on the equivalent occupation in the jurisdiction. (2) However, the Trans-Tasman mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an occupation in an Australian jurisdiction, so long as those laws— (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the jurisdiction; and (b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.

Schedule 1 Part 3 Occupations Clause 17 page 18 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Application of this Part

17 Application of this Part (1) This Part applies to individuals and occupations carried on by them. (2) This Part extends to an occupation carried on by an individual, where the individual is subject to more than one system of registration or more than one local registration authority in a participating jurisdiction, and accordingly this Part applies in relation to each such system of registration and each such authority. (3) Without limiting subsection (2), an example of such an occupation is that of a legal practitioner, which involves both the admission as a legal practitioner by a court and the issue of a practising certificate by another body.

Div 2

Entitlement to registration

Division 2 Entitlement to registration

Notification to local registration authority

18 Notification to local registration authority (1) A person who is registered in New Zealand for an occupation may lodge a written notice with the local registration authority of an Australian jurisdiction for the equivalent occupation, seeking registration for the equivalent occupation in accordance with the Trans-Tasman mutual recognition principle. (2) The notice must— (a) state that the person is registered for the occupation in New Zealand; (b) state the occupation for which registration is sought and that it is being sought in accordance with the Trans-Tasman mutual recognition principle; (c) specify all the participating jurisdictions in which the person has substantive registration for equivalent occupations;

Schedule 1 Occupations Part 3 Clause 18 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) state that the person is not the subject of disciplinary proceedings in any participating jurisdiction (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to those occupations; (e) state that the person's registration in any participating jurisdiction is not cancelled or currently suspended as a result of disciplinary action; (f) state that the person is not otherwise personally prohibited from carrying on any such occupation in any participating jurisdiction, and is not subject to any special conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any participating jurisdiction; (g) specify any special conditions to which the person is subject in carrying on any such occupation in any participating jurisdiction; and (h) give consent to the making of inquiries of, and the exchange of information with, the authorities of any participating jurisdiction regarding the person’s activities in the relevant occupation or occupations or otherwise regarding matters relevant to the notice. (3) The notice must be accompanied by a document that is either the original or a copy of the instrument evidencing the person’s existing registration (or, if there is no such instrument, by sufficient information to identify the person and the person’s registration). (4) As regards the instrument evidencing the person’s existing registration, the person must certify in the notice that the accompanying document is the original or a complete and accurate copy of the original. (5) The statements and other information in the notice must be verified by statutory declaration.

Schedule 1 Part 3 Occupations Clause 19 page 20 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) The local registration authority may permit the notice to be amended after it is lodged.

Entitlement to registration and continued registration

19 Entitlement to registration and continued registration (1) A person who lodges a notice under section 18 with a local registration authority of an Australian jurisdiction is entitled to be registered in the equivalent occupation, as if the law of the jurisdiction that deals with registration expressly provided that registration in New Zealand is a sufficient ground of entitlement to registration. (2) The local registration authority may grant registration on that ground and may grant renewals of such registration. (3) Once a person is registered on that ground, the entitlement to registration continues, whether or not registration (including any renewal of registration) ceases in New Zealand. (4) Continuance of registration is otherwise subject to the laws of the jurisdiction, to the extent to which those laws— (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the jurisdiction; and (b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation. (5) The local registration authority may impose conditions on registration, but may not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they are conditions that apply to the person’s registration in New Zealand or that are necessary to achieve equivalence of occupations. (6) This section has effect subject to this Part.

Schedule 1 Occupations Part 3 Clause 20 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Action following notice

20 Action following notice (1) Registration must be granted within one month after the notice is lodged with the local registration authority under section 18. (2) When granted, registration takes effect as from the date the notice was lodged. (3) However, the local registration authority may, subject to this Part and within one month after the notice was lodged, postpone or refuse the grant of registration. (4) If the local registration authority neither grants the registration nor takes action under subsection (3) within the period of one month after the notice is lodged, the person is entitled to registration immediately at the end of that period and no objection may be taken to the notice on any of the grounds on which refusal or postponement may be effected, except where fraud is involved.

Postponement of registration

21 Postponement of registration (1) A local registration authority may postpone the grant of registration, if— (a) any of the statements or information in the notice as required by section 18 are materially false or misleading; (b) any document or information as required by section 18 (3) has not been provided or is materially false or misleading; (c) the circumstances of the person lodging the notice have materially changed since the date of the notice or the date it was lodged; or (d) the authority decides that the occupation in which registration is sought is not an equivalent occupation. (2) If the grant of registration has been postponed, the local registration authority may in due course grant or refuse the registration.

Schedule 1 Part 3 Occupations Clause 22 page 22 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) The local registration authority may not postpone the grant of registration for longer than a period of 6 months, and the person is entitled to registration immediately, at the end of that period, unless registration was refused at or before the end of that period. (4) Nothing in subsection (3) prevents earlier registration from being granted on a review by the Australian Tribunal.

Refusal of registration

22 Refusal of registration (1) A local registration authority may refuse the grant of registration, if— (a) any of the statements or information in the notice as required by section 18 are materially false or misleading; (b) any document or information as required by section 18 (3) has not been provided or is materially false or misleading; or (c) the authority decides that the occupation in which registration is sought is not an equivalent occupation and equivalence cannot be achieved by the imposition of conditions. (2) A decision to refuse to grant registration on the ground that the occupation in which registration is sought is not an equivalent occupation takes effect at the end of a specified period (not less than 2 weeks) after the person is notified of the decision, unless it has been previously revoked or there is an application for review to the Australian Tribunal, in which case the Tribunal may make whatever orders it considers appropriate. 23 Notification of decision A local registration authority must give the person who lodges a notice in accordance with section 18 a notice in writing of its decision to grant registration, or to postpone or refuse the grant of registration, or to impose conditions on registration.

Schedule 1 Occupations Part 3 Clause 24 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Div 3

Interim arrangements

Division 3 Interim arrangements

Deemed registration

24 Deemed registration (1) A person who lodges a notice under section 18 with a local registration authority of an Australian jurisdiction is, pending the grant or refusal of registration, taken to be registered as provided in section 19. (2) Such registration is called “deemed registration” in this Act. (3) Deemed registration in one Australian jurisdiction does not of itself provide a basis for registration in another Australian jurisdiction.

Duration of deemed registration

25 Duration of deemed registration (1) A person’s deemed registration in an Australian jurisdiction continues until it is cancelled or suspended or otherwise ceases in accordance with this Part. (2) A person’s deemed registration in an Australian jurisdiction ceases if the person becomes substantively registered in the jurisdiction in connection with the occupation concerned. (3) A person’s deemed registration in an Australian jurisdiction ceases if the local registration authority of the jurisdiction refuses to grant registration, subject to any determination of the Australian Tribunal. (4) A person’s deemed registration in an Australian jurisdiction ceases if the person ceases to be substantively registered in every other participating jurisdiction mentioned in the notice as required by section 18 (2) (c). (5) A local registration authority of an Australian jurisdiction may cancel a person’s deemed registration in the jurisdiction if the person requests cancellation. (6) Deemed registration is not affected by postponement of the grant of substantive registration.

Schedule 1 Part 3 Occupations Clause 26 page 24 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Activities under deemed registration

26 Activities under deemed registration (1) A person who has deemed registration in an Australian jurisdiction may carry on the occupation in the jurisdiction as if the deemed registration were substantive registration in the jurisdiction. (2) However, the person may do so only— (a) within the limits conferred by the person’s substantive registration in New Zealand; (b) within the limits conferred by the person’s deemed registration in the Australian jurisdiction; (c) subject to any conditions or undertakings applying to the person’s registration in New Zealand, unless waived by the local registration authority of the Australian jurisdiction under this section; and (d) subject to any conditions applying to the person’s deemed registration. (3) Without limiting anything in this Division— (a) the person may not carry on the occupation in the Australian jurisdiction without complying with any requirements regarding insurance, fidelity funds, trust accounts and the like that are designed to protect the public, clients, customers or others; (b) a person who has deemed registration in an occupation in the Australian jurisdiction is subject to any disciplinary provisions and arrangements that are applicable to persons who are substantively registered in the jurisdiction; and (c) references in the law of the Australian jurisdiction to persons registered in an occupation under the law of the jurisdiction (however expressed) extend to persons who have deemed registration for the occupation under this Act.

Schedule 1 Occupations Part 3 Clause 27 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) However, the local registration authority of the Australian jurisdiction may waive any condition imposed under the law of New Zealand, or any undertaking given to the local registration authority of New Zealand, if it thinks it appropriate in the circumstances. (5) The local registration authority of the Australian jurisdiction may impose conditions as if deemed registration were substantive registration, but it must not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they correspond to conditions or undertakings that apply to the person’s registration in New Zealand or that are necessary to achieve equivalence of occupations.

Div 4

Equivalent occupations

Division 4 Equivalent occupations

Equivalent occupations

27 Equivalent occupations The equivalence of occupations carried on in different participating jurisdictions is, for the purposes of this Act, to be determined in accordance with this Part.

General principle

28 General principle (1) An occupation for which persons may be registered in New Zealand is taken to be equivalent to an occupation for which persons may be registered in an Australian jurisdiction if the activities authorised to be carried out under each registration are substantially the same (whether or not this result is achieved by means of the imposition of conditions). (2) Conditions may be imposed on registration under this Part so as to achieve equivalence between occupations in different participating jurisdictions. (3) This section has effect subject to any relevant declarations in force under this Division.

Schedule 1 Part 3 Occupations Clause 29 page 26 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Declarations as to equivalent occupations

29 Declarations as to equivalent occupations (1) This Part is to be given effect in accordance with relevant declarations (if any) made under this Division regarding equivalent occupations. (2) If a declaration made by the Australian Tribunal under section 30 and a declaration made by Ministers under section 31 are inconsistent, the ministerial declaration prevails. (3) A declaration under this Part does not affect the registration of any person already registered (except in the case of a declaration made by the Australian Tribunal in relation to that person specifically).

Declarations by Australian Tribunal

30 Declarations by Australian Tribunal (1) On a review, the Australian Tribunal may make an order that a person who is registered in a particular occupation in New Zealand is or is not entitled to registration in an Australian jurisdiction in a particular occupation, and may specify or describe conditions that will achieve equivalence. (2) On a review, the Australian Tribunal may make a declaration that occupations carried on in New Zealand and an Australian jurisdiction are not equivalent, but only if the Australian Tribunal is satisfied that— (a) the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or (b) registration in New Zealand should not entitle registered persons to carry on a particular activity or class of activity in an Australian jurisdiction, where— (i) the activity or class of activity is a material part of the practice of a person registered in New Zealand for the occupation;

Schedule 1 Occupations Part 3 Clause 31 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the activity or class of activity, if carried out by a person not conforming to the appropriate standards, could reasonably be expected to expose persons in the Australian jurisdiction to a real threat to their health or safety or could reasonably be expected to cause significant environmental pollution (including air, water, noise or soil pollution); and (iii) it is not practicable to protect the health or safety of such persons from that threat or the environment from such pollution by regulating the manner in which services in the occupation are provided. (3) The Registrar or other proper officer of the Australian Tribunal must cause a notice setting out the terms of a declaration under this section to be promptly published in the Commonwealth of Australia Gazette. (4) A declaration made on the basis of paragraph (2) (b) has effect for no longer than 12 months, and the local registration authority must promptly notify appropriate authorities in each other participating jurisdiction of the declaration. (5) The local registration authority is to give effect to the decision on the review, and must thereafter act in conformity with the decision in relation to other persons seeking registration.

Declarations by Ministers

31 Declarations by Ministers (1) A Minister from New Zealand and a Minister from each of one or more Australian jurisdictions may jointly declare, by notice in the Commonwealth of Australia Gazette, that specified occupations are equivalent, and may specify or describe conditions that will achieve equivalence. (2) The declaration may be amended or rescinded in the same way. (3) The declaration has effect only in relation to the participating jurisdictions concerned.

Schedule 1 Part 3 Occupations Clause 32 page 28 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The appropriate local registration authority is to give effect to the declaration.

Div 5

General provisions

Division 5 General provisions

Disciplinary action

32 Disciplinary action (1) If a person’s registration in an occupation in New Zealand— (a) is cancelled or suspended; or (b) is subject to a condition; on disciplinary grounds, or as a result of or in anticipation of criminal, civil or disciplinary proceedings, then the person’s registration in the equivalent occupation in an Australian jurisdiction is affected in the same way. (2) However, the local registration authority of the Australian jurisdiction may reinstate any cancelled or suspended registration or waive any such condition if it thinks it appropriate in the circumstances. (3) This section extends to registration effected apart from this Act. (4) This section has effect despite any other provisions of this Part.

Review of decisions

33 Review of decisions (1) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Australian Tribunal for review of a decision of a local registration authority of an Australian jurisdiction in relation to its functions under this Act. (2) In subsection (1)— decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

Schedule 1 Occupations Part 3 Clause 34 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) If a local registration authority gives a person written notice of the making of a decision referred to in subsection (1), the notice must include a statement to the effect that— (a) subject to the Administrative Appeals Tribunal Act 1975, application for review of the decision may be made to the Australian Tribunal by a person whose interests are affected by the decision; and (b) except where subsection 28 (4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision. (4) Any failure to comply with a requirement of subsection (3) does not affect the validity of the decision.

Costs

34 Costs The Australian Tribunal may order a party in proceedings before it to pay costs if the party has acted unreasonably.

Co-operation with and membership of Trans-Tasman

35 Co-operation with and membership of Trans-Tasman Occupations Tribunal (NZ) (1) The purpose of this section is to promote consistency between decisions made by the Australian Tribunal for the purposes of this Act and decisions made by the New Zealand Tribunal for the purposes of the New Zealand Act. (2) In making decisions for the purposes of this Act, the Australian Tribunal is to have regard to decisions of the New Zealand Tribunal.

Schedule 1 Part 3 Occupations Clause 36 page 30 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) For the purposes of a review of a decision referred to in subsection 33 (1) of this Act, the President of the Australian Tribunal may, in the exercise of the power under paragraph 20 (1A) (b) of the Administrative Appeals Tribunal Act 1975, direct that the persons who are to constitute the Australian Tribunal for the purposes of that review include— (a) the Chairperson of the New Zealand Tribunal; or (b) a person included on the panel maintained under the New Zealand Act who is nominated by the Chairperson of the New Zealand Tribunal for the purposes of that review. (4) The President of the Australian Tribunal must exercise the power given by subsection (3) in accordance with arrangements made from time to time between the President and the Chairperson of the New Zealand Tribunal. (5) A reference in Part III, IIIA, IV or VI of the Administrative Appeals Tribunal Act 1975 to a member includes a reference to a person included in a direction under subsection (3). (6) In spite of anything in any other Act, the Chairperson of the New Zealand Tribunal, or a person included on the panel maintained under the New Zealand Act, is not entitled to remuneration or allowances in respect of service as a member of the Australian Tribunal as permitted by this Act. (7) Service by a member of the Australian Tribunal on the New Zealand Tribunal under the New Zealand Act shall be taken for all purposes of Australian law to be service as a member of the Australian Tribunal.

Residence or domicile

36 Residence or domicile Residence or domicile in a particular participating jurisdiction is not to be a prerequisite for or a factor in entitlement to the grant, renewal or continuation of registration arising under this Part.

Schedule 1 Occupations Part 3 Clause 37 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Furnishing information

37 Furnishing information (1) A local registration authority of an Australian jurisdiction must furnish without delay any information reasonably required by a local registration authority of another participating jurisdiction about a person substantively registered under a law of the Australian jurisdiction. (2) The obligation imposed under this section does not apply unless the authority of the other participating jurisdiction notifies the authority of the firstmentioned jurisdiction that the information is required in connection with— (a) a notice lodged by a person seeking registration; (b) a person’s deemed registration; or (c) actual or possible disciplinary action against the person. (3) The authority of the firstmentioned jurisdiction is empowered to provide the information, despite any law relating to secrecy, confidentiality or privacy. (4) Nothing in this section affects any obligation or power to provide information apart from this section.

Receiving information

38 Receiving information If a local registration authority of an Australian jurisdiction receives information under section 37 of this Act or the corresponding provision of the New Zealand Act, the information is subject to any law relating to secrecy, confidentiality or privacy that would apply if the information were provided under the law of the jurisdiction under which the authority is constituted or exercises its functions.

Schedule 1

Part 3

Occupations

Part 3 Occupations Clause 39 page 32 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

General responsibilities of local registration authorities

39 General responsibilities of local registration authorities (1) It is the duty of each local registration authority of an Australian jurisdiction to facilitate the operation of this Part in relation to the occupations for which the authority is responsible, and in particular to make use of the power to impose conditions in such a way as to promote the Trans-Tasman mutual recognition principle. (2) It is the duty of each local registration authority of an Australian jurisdiction to prepare and make available guidelines and information regarding the operation of this Part in relation to the occupations for which the authority is responsible. (3) The first such guidelines and information are to be available within 6 months after the commencement of this section. (4) In dealing with information obtained or to be obtained under this Act, a local registration authority of an Australian jurisdiction must have regard to the principles relating to information privacy set out in Schedule 5. (5) Nothing in subsection (4) or in Schedule 5— (a) affects the operation or validity of any decision or other action taken under this Act; (b) gives rise to, or can be taken into account in, any civil cause of action; or (c) creates rights or duties that are enforceable in judicial or other proceedings.

Fees

40 Fees (1) A local registration authority of an Australian jurisdiction has power to impose fees in relation to substantive or deemed registration or the continuance of registration arising under this Part, but any such fees may not be greater than are applicable for registration apart from this Part.

Schedule 1 Occupations Part 3 Clause 41 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Nothing in this section prevents the fixing or prescribing of fees referred to in this section under any other law of an Australian jurisdiction, but the fees may not be greater than can be imposed under this section. (3) The local registration authority may impose a condition on substantive or deemed registration arising under this Part to the effect that a person may not carry out activities under registration unless a fee or other payment has been paid, but such a condition may not be imposed unless it corresponds to a requirement attaching to registration apart from this Part. (4) This section does not authorise the imposition of a tax.

Formalities requiring personal attendance

41 Formalities requiring personal attendance (1) Neither substantive or deemed registration, nor entitlement to registration, under this Part requires compliance with any statutory or other formalities requiring personal attendance in the Australian jurisdiction concerned. (2) This section applies to formalities that would otherwise have to be complied with before, at or after registration.

Saving

42 Saving Nothing in this Part prevents a person from seeking registration or being registered for an occupation under a law apart from this Part.

Schedule 1 Part 4 Exclusions and exemptions Clause 43 page 34 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Exclusions and exemptions

References to endorsing a proposed regulation

43 References to endorsing a proposed regulation (1) For the purposes of this Part, a jurisdiction endorses a regulation if the designated person for the jurisdiction publishes a notice in the official gazette of the jurisdiction setting out and endorsing the terms of the regulation before it is made. (2) However, the making of a recommendation by a Minister to the Governor-General for the making of a regulation amounts to endorsement of the regulation by the Commonwealth, and the Commonwealth is taken to have endorsed the regulation for the purposes of this Part if the regulation is in fact made.

Exclusions

44 Exclusions (1) This Act does not affect laws of an Australian jurisdiction specified or described in Schedule 1, to the extent that Schedule 1 indicates that they are excluded from the operation of this Act. (2) The Governor-General may make regulations amending Schedule 1. (3) A regulation may not be made for the purposes of this section unless all of the then participating jurisdictions have endorsed the regulation. (4) However— (a) if such a regulation merely omits or reduces the extent of an exclusion of a law of a State from Schedule 1, the regulation may be made if the State has endorsed the regulation; or (b) if such a regulation amends Part 2 of Schedule 1 by substituting or adding a law of a State that relates to a matter referred to in paragraph (a), (b), (c) or (d) of subclause 1 (1) of Part 1 of that Schedule, the regulation may be made if the State has endorsed the regulation.

Schedule 1 Exclusions and exemptions Part 4 Clause 45 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Permanent exemptions

45 Permanent exemptions (1) This Act does not affect the operation of laws of an Australian jurisdiction specified or described in Schedule 2, to the extent that Schedule 2 indicates that they are exempt from the operation of this Act. (2) Such an exemption may be limited or unlimited in its application. If a law is specified or described in Schedule 2 without any limitation, it is taken to be wholly exempt from the operation of this Act. (3) The Governor-General may make regulations amending Schedule 2. (4) A regulation may not be made for the purposes of this section unless all of the then participating jurisdictions have endorsed the regulation. (5) However— (a) if such a regulation relates solely to one or more laws specified or described in Schedule 3 and will not take effect within 5 years after the commencement of section 48, the regulation may be made if at least two-thirds of the then participating jurisdictions have endorsed the regulation; or (b) if such a regulation merely omits or reduces the extent of an exemption of a law of a State from Schedule 2, the regulation may be made if the State has endorsed the regulation.

Temporary exemptions

46 Temporary exemptions (1) This Act does not— (a) apply to the sale in an Australian jurisdiction of exempt goods; or (b) affect the operation of exempt laws of an Australian jurisdiction relating to a particular kind of goods.

Schedule 1 Part 4 Exclusions and exemptions Clause 47 page 36 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) For the purposes of this section, goods or laws are exempt if the goods are of a kind, or the laws are, for the time being declared by or under an Act or regulation of the jurisdiction to be exempt from the operation of this Act. (3) Any such exemptions have effect only if they are substantially for the purpose of protecting the health and safety of persons in the jurisdiction or preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the jurisdiction. (4) No such exemption operates (together with the period of any previous exemption) for longer than a period of 12 months or an aggregate period of 12 months.

Continuation of temporary exemptions to enable

47 Continuation of temporary exemptions to enable implementation of Ministerial agreements (1) The purpose of this section is to create a mechanism to provide an additional period not exceeding 12 months for legislative or other action to be taken to implement a ministerial agreement arising out of consideration of an exemption under section 46. However, this subsection does not provide grounds for invalidating any regulations made for the purposes of this section. (2) This Act does not— (a) apply to the sale in an Australian jurisdiction of exempt goods; or (b) affect the operation of exempt laws of an Australian jurisdiction relating to a particular kind of goods. (3) For the purposes of this section, goods or laws are exempt if the goods are of a kind, or the laws are, for the time being declared by regulations under this Act to be exempt from the operation of this Act.

Schedule 1 Exclusions and exemptions Part 4 Clause 47 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The Governor-General may make regulations for the purposes of this section, but any such regulations may be made only if they have the effect of continuing or reviving, wholly or partly, and with or without modification, the effect of an exemption under section 46. (5) Such a modification may only— (a) in the case of an exemption relating to goods— (i) limit the circumstances in which the goods are exempt; or (ii) provide that the exemption does not apply if certain standards or conditions are complied with in relation to the goods; or (b) the case of an exemption relating to a law— (i) modify the operation of the law while the exemption operates; or (ii) provide that the exemption does not apply in relation to particular goods if certain standards or conditions are complied with in relation to the goods. (6) The regulations may discontinue any exemption under this section. (7) A regulation may not be made for the purposes of this section unless at least two-thirds of the then participating jurisdictions have endorsed the regulation. (8) No exemption under this section operates (together with the period of any previous such exemption) for longer than a period of 12 months or an aggregate period of 12 months after the corresponding exemption under section 46 ceases to operate. (9) In this section— ministerial agreement means an agreement of Ministers of participating jurisdictions made in relation to goods or laws that are the subject of an exemption under section 46.

Schedule 1

Part 4

Exclusions and exemptions

Part 4 Exclusions and exemptions Clause 48 page 38 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Special exemptions

48 Special exemptions (1) This Act does not affect the operation of laws of an Australian jurisdiction that relate to goods and that are specified or described in Schedule 3, to the extent that Schedule 3 indicates that they are exempt from the operation of this Act. (2) Such an exemption operates for no longer than a period of 12 months after the commencement of this section, but may be extended in whole or in part by the regulations from time to time by one or more further periods each not exceeding 12 months. (3) A regulation may not be made for the purposes of subsection (2) if the exemption has expired or has otherwise ceased to be in force. (4) The Governor-General may make regulations amending Schedule 3 for the purposes of subsection (2) or (6). (5) A regulation may not be made for the purposes of this section unless at least two-thirds of the then participating jurisdictions have endorsed the regulation. (6) However, if such a regulation merely omits any matter relating to an exemption that has expired or has otherwise ceased to be in force, the regulation may be made if the Commonwealth has endorsed the regulation.

Exemptions relating to occupations

49 Exemptions relating to occupations (1) This Act does not affect the operation of laws of an Australian jurisdiction that relate to occupations and that are specified or described in Schedule 4, to the extent that Schedule 4 indicates that they are exempt from the operation of this Act. (2) The Governor-General may make regulations amending Schedule 4.

Schedule 1 Exclusions and exemptions Part 4 Clause 49 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) A regulation may not be made for the purposes of this section unless all of the then participating jurisdictions have endorsed the regulation. (4) However, if such a regulation amends Schedule 4 by omitting a law of a State, the regulation may be made if the State has endorsed the regulation.

Schedule 1 Part 5 General Clause 50 page 40 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Part 5

General

Part 5 General

References to participating jurisdictions

50 References to participating jurisdictions For the purposes of this Act, a participating jurisdiction is— (a) New Zealand, while there is in force an Act of its Parliament that corresponds to this Act; (b) the Commonwealth; (c) a State (other than a Territory) for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth the power to enact this Act, or that adopts this Act, under paragraph (xxxvii) of section 51 of the Constitution; or (d) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that requests the Parliament of the Commonwealth to enact this Act or that enables this Act to apply in relation to it.

Application of Trans-Tasman mutual recognition principle

51 Application of Trans-Tasman mutual recognition principle (1) The Trans-Tasman mutual recognition principle and the provisions of this Act may be taken into consideration in proceedings of any kind and for any purpose. (2) Nothing in this Act or the Mutual Recognition Act 1992 prevents a person from relying on the Trans-Tasman mutual recognition principle in relation to more than one Australian jurisdiction.

Schedule 1 General Part 5 Clause 52 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Machinery provisions regarding limitations etc.

52 Machinery provisions regarding limitations etc. In cases where Part 3 provides that conditions or undertakings that apply or are relevant to registration in New Zealand also apply or are relevant to registration in an Australian jurisdiction, they are to be construed with any necessary adaptations, including the following (where appropriate and so far as practicable): (a) references to New Zealand are to be read as references to the Australian jurisdiction; (b) references to officers or authorities of New Zealand are to be read as references to the corresponding officers or authorities of the Australian jurisdiction.

Determining place of production

53 Determining place of production (1) For the purpose of determining where goods are produced for the purposes of this Act, goods are taken to be produced in New Zealand if the most recent step in the process of producing the goods (including for example processing, harvesting or packaging the goods) has occurred there. (2) Subsection (1) applies even though— (a) the process of production may be incomplete; (b) some steps in the process have not yet been carried out; (c) some steps in the process were carried out elsewhere; or (d) the goods or a component of the goods were imported into New Zealand.

Commonwealth regulations for temporary exemptions

54 Commonwealth regulations for temporary exemptions Without limiting any other power under any other Act, the Governor-General may make regulations for the purposes mentioned in section 46.

Schedule 1 Schedule 1 Exclusions Part 1 Introduction Clause 1 page 42 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Exclusions (see s 44) Part 1 Introduction 1 Excluded laws (1) The laws specified or described in this Schedule are excluded from the operation of this Act, so far as they relate to— (a) customs controls and tariffs—but only to the extent that the laws provide for the imposition of tariffs and related measures (for example, anti-dumping and countervailing duties) and the prohibition or restriction of imports; and (b) intellectual property—but only to the extent that the laws provide for the protection of intellectual rights and relate to requirements for the sale of goods set out in section 11; and (c) taxation and business franchises—but only to the extent that the laws relate to taxes imposed on the sale of locally produced and imported goods in a non-discriminatory way, including, for example, wholesale sales tax (Commonwealth) and business franchise and stamp duties (States); and (d) the implementation of international obligations—but only to the extent that the laws implementing those obligations deal with the requirements relating to the sale of goods set out in section 11. (2) The laws specified or described in this Schedule are excluded only to the extent that those laws would be affected by the Trans-Tasman mutual recognition principle as applying to goods.

Schedule 1 Exclusions Schedule 1 Laws Part 2 Clause 2 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Laws 2 Customs controls and tariffs (including laws relating to international obligations) Prohibited imports Customs (Prohibited Imports) Regulations of the Commonwealth Commerce (Trade Descriptions) Act 1905 of the Commonwealth Any other laws of the Commonwealth to the extent that they provide for the prohibition or restriction of imports and would be affected by the Trans-Tasman mutual recognition principle as applying to goods Tariffs Customs Tariff Act 1995 of the Commonwealth Customs Act 1901 of the Commonwealth, Part XVB Customs Tariff (Anti-Dumping) Act 1975 of the Commonwealth 3 Intellectual property (including laws relating to the Paris Convention of 20 March 1983 for the Protection of Industrial Property) Patents Act 1990 of the Commonwealth Trade Marks Act 1995 of the Commonwealth Designs Act 1906 of the Commonwealth Olympic Insignia Protection Act 1987 of the Commonwealth

Schedule 1 Schedule 1 Exclusions Part 2 Laws Clause 4 page 44 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Scout Association Act 1924 of the Commonwealth Defence (Transitional Provisions) Act 1946 of the Commonwealth Defence Transition (Residual Provisions) Act 1952 of the Commonwealth Plant Breeder’s Rights Act 1994 of the Commonwealth Copyright Act 1968 of the Commonwealth Circuit Layouts Act 1989 of the Commonwealth Sydney 2000 Games (Indicia and Images) Protection Act 1996 of the Commonwealth Unauthorised Documents Act 1922 of New South Wales Unauthorized Documents Act 1958 of Victoria Badge, Arms, Floral and other Emblems of Queensland Act 1959 of Queensland Armorial Bearings Protection Act 1979 of Western Australia Unauthorised Documents Act 1916 of South Australia Unauthorized Documents Act 1986 of Tasmania City of Canberra Arms Act 1932 of the Australian Capital Territory Flag and Emblem Act 1985 of the Northern Territory

Schedule 1 Exclusions Schedule 1 Laws Part 2 Clause 4 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Other international obligations Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the Commonwealth, sections 21 and 22, to the extent that they implement the Convention on International Trade in Endangered Species of Wild Fauna and Flora Hazardous Waste (Regulation of Exports and Imports) Act 1989 of the Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24–31, 34 and 39, to the extent that they implement the Basle Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal 1989 The following laws, to the extent that they implement the Charter of the United Nations (as it relates to the imposition of United Nations sanctions): Charter of the United Nations Act 1945 of the Commonwealth, section 6 Air Navigation Act 1920 of the Commonwealth, section 26 Banking Act 1959 of the Commonwealth, section 71 Migration Act 1958 of the Commonwealth, subsection 31 (3), paragraph 116 (1) (g) and section 504 Customs Act 1901 of the Commonwealth, section 50 Protection of Movable Cultural Heritage Act 1986 of the Commonwealth, to the extent that it implements the United Nations Educational, Scientific and Cultural Organisation (UNESCO) Convention Regulating the International Trade in Cultural Property 1970

Schedule 1

Sch 1

Exclusions

Schedule 1 Exclusions Part 2 Laws Clause 5 page 46 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au The following laws, to the extent that they implement the European Union-Australia Wine Agreement—Protection of Certain Names and Expressions: Australian Wine and Brandy Corporation Act 1980 of the Commonwealth, Part VIB and Part VIA (Label Integrity Program) Australian Wine and Brandy Corporation (Exports) Regulations of the Commonwealth, Parts 3 and 4 5 Taxation and business franchises Sales Tax Assessment Act 1992 of the Commonwealth Sales Tax (Exemptions and Classifications) Act 1992 of the Commonwealth Laws of a State imposing or providing for the imposition, assessment or collection of taxation, including stamp duties, and providing for business licences.

Schedule 1 Permanent exemptions Schedule 2 Laws relating to Goods—General Part 1 Clause 1 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Permanent exemptions (see s 45) The laws specified or described in this Schedule are exempt from the operation of this Act. Part 1 Laws relating to Goods—General 1 Quarantine A law of an Australian jurisdiction, including a law relating to quarantine, to the extent that— (a) the law is enacted or made substantially for the purpose of preventing the entry or spread of any pest, disease, organism, variety, genetic disorder or any other similar thing; and (b) the law authorises the application of quarantine measures that do not amount to an arbitrary or unjustifiable discrimination or to a disguised restriction on trade between Australia and New Zealand and are not inconsistent with the requirements of the Agreement establishing the World Trade Organisation. 2 Endangered species A law of an Australian jurisdiction to the extent that it is enacted or made substantially for the purpose of protecting a species or other class of animals or plants from extinction in the jurisdiction and that it prohibits or restricts the possession, sale, killing or capture of animals or plants of that species or other class in the jurisdiction.

Schedule 1 Schedule 2 Permanent exemptions Part 2 Laws relating to Goods—Specific Clause 3 page 48 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Laws relating to Goods—Specific 3 Commonwealth Firearms and other prohibited or offensive weapons Customs (Prohibited Imports) Regulations Fireworks Customs (Prohibited Imports) Regulations Indecent material Classification (Publications, Films and Computer Games) Act 1995 Ozone protection Ozone Protection Act 1989 Agricultural and veterinary chemicals Agricultural and Veterinary Chemicals Act 1994 Agricultural and Veterinary Chemicals Code Act 1994 Other Imported Food Control Act 1992 (to the extent that it deals with risk categorised food commodities) 4 New South Wales Firearms and other prohibited or offensive weapons Firearms Act 1996 Prohibited Weapons Act 1989

Schedule 1 Permanent exemptions Schedule 2 Laws relating to Goods—Specific Part 2 Clause 5 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Fireworks Dangerous Goods Act 1975 (to the extent that it deals with fireworks) Gaming machines Registered Clubs Act 1976, Parts 10 and 11 Liquor Act 1982, Part 11 Indecent material Classification (Publications, Films and Computer Games) Enforcement Act 1995 Ozone protection Ozone Protection Act 1989 5 Victoria Firearms and other prohibited or offensive weapons Firearms Act 1958 Firearms Regulations 1995 Control of Weapons Act 1990 Control of Weapons Regulations 1990 Fireworks Dangerous Goods Act 1985 (to the extent that it deals with fireworks) Dangerous Goods (Explosives) Regulations 1988, Part 8, Division 5

Schedule 1 Schedule 2 Permanent exemptions Part 2 Laws relating to Goods—Specific Clause 6 page 50 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Gaming machines Gaming Machine Control Act 1991 Indecent material Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Ozone protection Environment Protection Act 1970, sections 16 and 41 (to the extent that they deal with ozone depleting substances) and paragraph 71 (1) (gba)

Queensland

6 Queensland Firearms and other prohibited or offensive weapons Weapons Act 1990 Fireworks Explosives Act 1952 (to the extent that it deals with fireworks) Gaming machines Gaming Machine Act 1991 Indecent material Classification of Films Act 1991 Classification of Publications Act 1991 Ozone protection Environmental Protection (Interim) Regulation 1995 under the Environmental Protection Act 1994 (to the extent that it deals with ozone depleting substances)

Schedule 1 Permanent exemptions Schedule 2 Laws relating to Goods—Specific Part 2 Clause 7 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Western Australia Firearms and other prohibited or offensive weapons Firearms Act 1973 Fireworks Explosives and Dangerous Goods Act 1961 (to the extent that it deals with fireworks) Gaming machines Gaming Commission Act 1987 Indecent material Censorship of Films Act 1947 Indecent Publications and Articles Act 1902 Video Tapes Classification and Control Act 1987 Censorship Act 1996 Ozone protection Environmental Protection Act 1986 (to the extent that it deals with ozone protection)

Schedule 1 Schedule 2 Permanent exemptions Part 2 Laws relating to Goods—Specific Clause 8 page 52 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

South Australia

8 South Australia Firearms and other prohibited or offensive weapons Firearms Act 1977 Firearms Regulations 1993 Summary Offences Act 1953, section 15 (to the extent that it deals with firearms) Criminal Law Consolidation Act 1935, sections 32, 47A and 299A Fireworks Explosives Act 1936 (to the extent that it deals with fireworks) Gaming machines Gaming Machines Act 1992 Gaming Machines Regulations 1993 Indecent material Classification (Publications, Films and Computer Games) Act 1995 Summary Offences Act 1953, sections 33 and 35 Ozone protection Environment Protection Act 1993, Part 8, Division 3 Other Environment Protection Act 1993, Part 8, Division 2 (dealing with beverage containers)

Schedule 1 Permanent exemptions Schedule 2 Laws relating to Goods—Specific Part 2 Clause 9 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 53 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Tasmania

9 Tasmania Firearms and other prohibited or offensive weapons Guns Act 1991 Firearms Act 1996 Fireworks Dangerous Goods Act 1976 (to the extent that it deals with fireworks) Gaming machines Gaming Control Act 1993 (to the extent that it deals with gaming machines) Indecent material Classification (Publications, Films and Computer Games) Enforcement Act 1995 Ozone protection Environmental Management and Pollution Control Act 1994 (to the extent that it deals with ozone protection) Other Living Marine Resources Management Act 1995 (to the extent that it relates to the possession, sale or capture of abalone, crayfish or scallops of a certain minimum size)

Schedule 1

Sch 2

Permanent exemptions

Schedule 2 Permanent exemptions Part 2 Laws relating to Goods—Specific Clause 10 page 54 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Australian Capital Territory

10 Australian Capital Territory Firearms and other prohibited or offensive weapons Weapons Act 1991 Fireworks Dangerous Goods Act 1975 of New South Wales in its application to the Australian Capital Territory (to the extent that it deals with fireworks) Gaming machines Gaming Machine Act 1987 Indecent material Business Franchise (“X” Videos) Act 1990 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Ozone protection Ozone Protection Act 1991

Northern Territory

11 Northern Territory Firearms and other prohibited or offensive weapons Firearms Act 1992 Fireworks Dangerous Goods Act 1980 (to the extent that it deals with fireworks) Gaming machines Gaming Control Act 1993

Schedule 1 Permanent exemptions Schedule 2 Laws relating to Goods—Specific Part 2 Clause 11 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 55 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Indecent material Classification of Publications and Films Act 1985 Ozone protection Ozone Protection Act 1990

Schedule 1 Schedule 3 Special exemptions Clause 1 page 56 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 3 Special exemptions (see s 48) The laws specified or described in this Schedule are exempt from the operation of this Act. 1 Therapeutic goods Therapeutic Goods Act 1989 of the Commonwealth Therapeutic Goods (Charges) Act 1989 of the Commonwealth The following laws, to the extent that they deal with packaging and labelling of pharmaceutical drugs and would be affected by Part 2 of this Act: Poisons and Therapeutic Goods Act 1966 of New South Wales Drugs, Poisons and Controlled Substances Act 1981 of Victoria Therapeutic Goods (Victoria) Act 1994 of Victoria Poisons Regulation 1973 under the Health Act 1937 of Queensland Poisons Act 1964 of Western Australia Controlled Substances Act 1984 of South Australia Poisons Act 1971 of Tasmania Poisons and Dangerous Drugs Act 1983 of the Northern Territory Poisons and Drugs Act 1978 of the Australian Capital Territory

Schedule 1 Special exemptions Schedule 3 Clause 2 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 57 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 2 Hazardous substances, industrial chemicals and dangerous goods The following laws, to the extent that they deal with packaging and labelling of hazardous substances, industrial chemicals and dangerous goods and would be affected by Part 2 of this Act: Poisons and Therapeutic Goods Act 1966 of New South Wales Drugs, Poisons and Controlled Substances Act 1981 of Victoria Poisons Regulation 1973 under the Health Act 1937 of Queensland Controlled Substances Act 1984 of South Australia Poisons Act 1964 of Western Australia Poisons Act 1971 of Tasmania Poisons and Dangerous Drugs Act of the Northern Territory Poisons and Drugs Act 1978 of the Australian Capital Territory The following laws: Industrial Chemicals (Notification and Assessment) Act 1989 of the Commonwealth Occupational Health and Safety (Commonwealth Employment) Act 1991 of the Commonwealth Occupational Health and Safety (Commonwealth Employment) (National Standards) Regulations of the Commonwealth Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth Work Health Act 1986 of the Northern Territory

Schedule 1 Schedule 3 Special exemptions Clause 2 page 58 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Work Health (Occupational Health and Safety) Regulations 1992 of the Northern Territory Dangerous Goods Act 1980 of the Northern Territory Dangerous Goods Regulations 1980 of the Northern Territory Occupational Safety and Health Act 1984 of Western Australia Occupational Safety and Health Regulations 1988 of Western Australia Explosives and Dangerous Goods Act 1961 of Western Australia Dangerous Goods Regulations 1992 of Western Australia Explosives Regulations 1963 of Western Australia Occupational Health and Safety Act 1983 of New South Wales Occupational Health and Safety (Hazardous Substances) Regulation 1996 of New South Wales Occupational Health and Safety (Carcinogenic Substances) (Transitional) Regulation 1994 of New South Wales Dangerous Goods Act 1975 of New South Wales Dangerous Goods Regulation 1978 of New South Wales Dangerous Goods (Gas Installations) Regulation 1982 of New South Wales Dangerous Goods Act 1985 of Victoria Dangerous Goods Act 1976 of Tasmania Factories, Shops and Industries Act 1962 of New South Wales Dangerous Substances Act 1979 of South Australia Occupational Health, Safety and Welfare Act 1986 of South Australia

Schedule 1 Special exemptions Schedule 3 Clause 2 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 59 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Occupational Health, Safety and Welfare Regulations 1995 of South Australia Occupational Health and Safety Act 1985 of Victoria Regulations under the Occupational Health and Safety Act 1985 of Victoria Workplace Health and Safety Act 1995 of Queensland Workplace Health and Safety Regulation 1989 of Queensland Workplace Health and Safety Regulation 1995 of Queensland Workplace Health and Safety (Hazardous Substances) Compliance Standard 1995 of Queensland Workplace Health and Safety (Lead) Compliance Standard 1995 of Queensland Workplace Health and Safety Act 1995 of Tasmania Occupational Health and Safety Act 1989 of the Australian Capital Territory Occupational Health and Safety Regulations of the Australian Capital Territory Hazardous Substances Regulations of the Australian Capital Territory Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38 Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and 61A Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A

Schedule 1

Sch 3

Special exemptions

Schedule 3 Special exemptions Clause 3 page 60 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Trade Standards Act 1979 of South Australia, sections 23, 26A and 33 Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and 23U Fair Trading Act 1987 of Western Australia, sections 50 and 59 Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17 Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8 Consumer Affairs and Fair Trading Act 1990 of the Northern Territory, sections 25, 30 and 38 Consumer Affairs Act 1973 of the Australian Capital Territory, sections 15FBA, 15FCA, 15FB, 15FC and 15FD 3 Electromagnetic compatibility and radiocommunications equipment Radiocommunications Act 1992 of the Commonwealth 4 Road vehicles Motor Vehicle Standards Act 1989 of the Commonwealth 5 Gas appliances Gas Act 1986 of New South Wales Gas Supply Act 1996 of New South Wales Gas and Fuel Corporation Act 1958 of Victoria Gas Industry Act 1994 of Victoria Gas Act 1965 of Queensland

Schedule 1 Special exemptions Schedule 3 Clause 5 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 61 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Gas Standards Act 1972 of Western Australia, to the extent that it relates to regulation of gas appliances Gas Act 1988 of South Australia Dangerous Goods Act 1976 of Tasmania, to the extent that it relates to regulation of gas appliances Dangerous Goods Act 1980 of the Northern Territory, to the extent that it relates to regulation of gas appliances Gas Act 1992 of the Australian Capital Territory, to the extent that it relates to regulation of gas appliances Dangerous Goods Act 1984 of the Australian Capital Territory, to the extent that it relates to regulation of gas appliances.

Schedule 1 Schedule 4 Exempt laws relating to occupations Clause 1 page 62 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Sch 4

Exempt laws relating to

Schedule 4 Exempt laws relating to occupations (see s 49) 1 Exempt laws The laws specified or described in this Schedule are exempt from the operation of this Act to the extent indicated. 2 Medical practitioners The following laws, to the extent that they deal with the occupation of medical practitioners as referred to in them: Medical Practice Act 1992 of New South Wales Medical Practice Act 1994 of Victoria Medical Act 1939 of Queensland Medical Act 1894 of Western Australia Medical Practitioners Act 1983 of South Australia Medical Practitioners Registration Act 1996 of Tasmania Medical Act 1995 of the Northern Territory.

Schedule 1 Privacy of information collected under the Act Schedule 5 Interpretation Part 1 Clause 1 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 63 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 5 Privacy of information collected under the Act (see s 39) Part 1 Interpretation 1 Interpretation In this Schedule— consent means express consent or implied consent. individual means a natural person. individual concerned, in relation to personal information or a record of personal information, means the individual to whom the information relates. personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion. record means— (a) a document; or (b) database (however kept); or (c) a photograph or other pictorial representation of a person; but does not include— (d) a generally available publication; or (e) anything kept in a library, art gallery or museum for the purposes of reference, study or exhibition; or (f) letters or other articles in the course of transmission by post.

Schedule 1 Schedule 5 Privacy of information collected under the Act

Part 1

Interpretation

Part 1 Interpretation Clause 1 page 64 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au solicit, in relation to personal information, means request a person to provide that information, or a kind of information in which that information is included. use, in relation to information, does not include mere disclosure of the information, but does include the inclusion of the information in a publication.

Schedule 1 Privacy of information collected under the Act Schedule 5 Principles Part 2 Clause 2 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 65 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Principles 2 Solicitation of personal information from individual concerned Where— (a) a local registration authority collects personal information under this Act; and (b) the information is solicited by the authority from the individuals concerned; the authority must ensure that the forms issued to individuals in connection with collecting the information specify— (c) the purpose for which the information is being collected; and (d) any person to whom, or any body or agency to which, it is the authority’s usual practice to disclose personal information of the kind so collected, and (if known by the authority) any person to whom, or any body or agency to which, it is the usual practice of that first-mentioned person, body or agency to pass on that information. 3 Storage and security of personal information A local registration authority who has possession or control of a record that contains personal information must ensure— (a) that the record is protected, by such security safeguards as it is reasonable in the circumstances to take, against loss, against unauthorised access, use, modification or disclosure, and against other misuse; and

Schedule 1

Sch 5

Privacy of information collected under the Act

Schedule 5 Privacy of information collected under the Act

Part 2

Principles

Part 2 Principles Clause 4 page 66 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) that if it is necessary for the record to be given to a person in connection with the provision of a service to the local registration authority, everything reasonably within the power of the authority is done to prevent unauthorised use or disclosure of information contained in the record. 4 Limits on use of personal information (1) A local registration authority who has possession or control of a record that contains personal information that was obtained under this Act for a particular purpose must not use the information for any other purpose unless— (a) the individual concerned has consented to use of the information for that other purpose; or (b) of the information for that other purpose is required or authorised by or under law; or (c) use of the information for that other purpose is reasonably necessary for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue. (2) Where personal information is used for enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue, the local registration authority must include in the record containing that information a note of that use.

Schedule 1 Privacy of information collected under the Act Schedule 5 Principles Part 2 Clause 5 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 67 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Limits on disclosure for personal information (1) A local registration authority who has possession or control of a record that contains personal information must not disclose the information to a person, body or agency (other than the individual concerned) unless— (a) the individual concerned is reasonably likely to have been aware, or made aware under the principle set out in clause 2, that information of that kind is usually passed to that person, body or agency; or (b) the individual concerned has consented to the disclosure; or (c) the disclosure is required or authorised by or under law; or (d) the disclosure is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of the public revenue. (2) Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the local registration authority must include in the record containing that information a note of the disclosure. (3) A person, body or agency to whom personal information is disclosed under subclause (1) must not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.

Dictionary page 68 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:  ACT  Chief Minister  Commonwealth  the Territory. Commonwealth Act—see section 4.

Endnotes About the endnotes 1 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 69 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes

About the endnotes

1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.

Abbreviation key

2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 70 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Legislation history

3 Legislation history Trans-Tasman Mutual Recognition Act 1997 A1997-30 notified 16 July 1997 (Gaz 1997 No S185) s 1, s 2 commenced 16 July 1997 (s 2 (1)) remainder commenced 16 January 1998 (s 2 (3)) Note Act expires on a date fixed by the Chief Minister by written notice (s 3) as amended by Trans-Tasman Mutual Recognition (Amendment) Act 1998 A1998-41 notified 14 October 1998 (Gaz 1998 No 41) s 1, s 2 commenced 14 October 1998 (s 2 (1)) remainder commenced 16 January 1998 (s 2 (2)) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 392 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 392 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Health Professionals Legislation Amendment Act 2004 A2004-39 sch 5 pt 5.21 notified LR 8 July 2004 s 1, s 2 commenced 8 July 2004 (LA s 75 (1)) sch 5 pt 5.21 commenced 7 July 2005 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 and CN2005-11) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.106 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.106 commenced 12 April 2007 (s 2 (1)) Veterinary Surgeons Act 2015 A2015-29 sch 2 pt 2.12 notified LR 20 August 2015 s 1, s 2 commenced 20 August 2015 (LA s 75 (1)) sch 2 pt 2.12 commenced 1 December 2015 (s 2 (1) and CN2015-22)

Endnotes Amendment history 4 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 71 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Amendment history

4 Amendment history Dictionary s 2 om A2001-44 amdt 1.4094 ins A2007-3 amdt 3.526 Notes s 2A ins A2007-3 amdt 3.526 Termination of Act s 3 sub A2001-44 amdt 1.4095 Approval of amendments of Cwlth Act s 6 sub A2001-44 amdt 1.4096 Endorsement of Cwlth regulations s 6A ins A2001-44 amdt 1.4096 Presentation of certain instruments to Legislative Assembly s 7 sub A2001-44 amdt 1.4096 Schedule 1 sch 1 hdg (prev sch hdg) renum R1 LA sch 1 am A1998-41 s 4 Exempt laws relating to occupations sch 4 cl 2 am A2004-39 amdt 5.30; A2015-29 amdt 2.91 Dictionary dict ins A2007-3 amdt 3.527 def Commonwealth Act ins A2007-3 amdt 3.527

Endnotes 5 Earlier republications page 72 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 R4 01/12/15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au

Earlier republications

5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 23 Apr 2002

Apr 2002–

23 Apr 2002– 6 July 2005 A2001-44 amendments by A2001-44 R2 7 July 2005

July 2005–

7 July 2005– 11 Apr 2007 A2004-39 amendments by A2004-39 R3 12 April 2007

April 2007–

Source text: opening excerpt

Sourced from the ACT Legislation Register (legislation.act.gov.au), CC BY 4.0.

Australian Capital Territory Trans-Tasman Mutual Recognition Act 1997 A1997-30 Republication No 4 Effective: 1 December 2015 Republication date: 1 December 2015 Last amendment made by A2015-29 Authorised by the ACT Parliamentary Counsel

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Trans-Tasman Mutual Recognition Act 1997 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 December 2015. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 December 2015. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):  authorised republications to which the Legislation Act 2001 applies  unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Deep Dive

What it does

Current sections

Notes

Endorsement of Cwlth regulations

Defences to offences regarding sale

Goods that comply with local law

Preliminary

Trans-Tasman mutual recognition principle

Entitlement to carry on occupation

Application of this Part

Entitlement to registration

Notification to local registration authority

Entitlement to registration and continued registration

Action following notice

Postponement of registration

Refusal of registration

Interim arrangements

Deemed registration

Duration of deemed registration

Activities under deemed registration

Equivalent occupations

Equivalent occupations

General principle

Declarations as to equivalent occupations

Declarations by Australian Tribunal

Declarations by Ministers

General provisions

Disciplinary action

Review of decisions

Costs

Co-operation with and membership of Trans-Tasman

Residence or domicile

Furnishing information

Receiving information

Occupations

General responsibilities of local registration authorities

Fees

Formalities requiring personal attendance

Saving

References to endorsing a proposed regulation

Exclusions

Permanent exemptions

Temporary exemptions

Continuation of temporary exemptions to enable

Exclusions and exemptions

Special exemptions

Exemptions relating to occupations

General

References to participating jurisdictions

Application of Trans-Tasman mutual recognition principle

Machinery provisions regarding limitations etc.

Determining place of production

Commonwealth regulations for temporary exemptions

Exclusions

Queensland

South Australia

Tasmania

Permanent exemptions

Australian Capital Territory

Northern Territory

Special exemptions

Exempt laws relating to

Interpretation

Privacy of information collected under the Act

Principles

About the endnotes

Abbreviation key

Legislation history

Amendment history

Earlier republications

Apr 2002–

July 2005–

April 2007–

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws