6AEndorsement 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.