Sch 1Exclusions

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)