An Act to adopt the Trans‑TasmanMutual Recognition Act 1997 of the Parliament of the Commonwealth (including the amendments made to it before the day on which the Trans-Tasman Mutual Recognition (Western Australia) Amendment Act 2012 receives the Royal Assent) which provides for the recognition within each State and Territory of the Commonwealth of regulatory standards adopted in New Zealand regarding goods and occupations, and for related purposes.
[Long title amended: No. 57 of 2012 s. 4.]
Background to the enactment of this Act
The governments of the Commonwealth, each State of Australia, the Australian Capital Territory, the Northern Territory and New Zealand have entered into an arrangement for the purpose of giving effect to a scheme implementing the recognition within Australia and New Zealand of regulatory standards adopted by each of the parties to the arrangement regarding goods and occupations.
The Parliament of New South Wales referred matters to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth so as to enable the enactment and amendment of legislation to provide for the recognition within Australia and New Zealand of regulatory standards adopted in the other country regarding goods and occupations.
The Parliament of the Commonwealth has subsequently enacted the Trans‑Tasman Mutual Recognition Act 1997.
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Trans-Tasman Mutual Recognition (Western Australia) Act 2007.
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Terms used
In this Act —
adopt has the same meaning as in the Constitution of the Commonwealth section 51(xxxvii);
Commonwealth Act means the Trans‑Tasman Mutual Recognition Act 1997 (Commonwealth).
[Section 3 inserted: No. 45 of 2022 s. 4.]
4. Adoption of Commonwealth Act
(1) The Commonwealth Act, as originally enacted and as amended from time to time by regulations made under the Commonwealth Act, is adopted.
(2) The adoption under subsection (1) does not operate so as to give effect to any adopted provision before that provision commences as a law of the Commonwealth.
[(3) deleted]
(4) The Minister is to cause a copy of any regulations referred to in subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after the registration of the regulations in the Federal Register of Legislation maintained under the Legislation Act 2003 (Commonwealth).
(5) The adoption under subsection (1) terminates in accordance with section 7.
[Section 4 amended: No. 57 of 2012 s. 6; No. 45 of 2022 s. 5.]
5. Regulations for temporary exemptions for goods
Without limiting any other power to make regulations under any other Act, the Governor may make regulations for the purposes mentioned in section 46 of the Commonwealth Act as adopted under this Act.
6. Tabling documents relating to scheme reviews
(1) In this section —
intergovernmental arrangement means the Trans‑Tasman Mutual Recognition Arrangement between the Commonwealth, New Zealand, the States, the Australian Capital Territory and the Northern Territory, as in force from time to time;
scheme review means a review of the operation of the intergovernmental arrangement and its related legislation carried out under paragraphs 12.1.1 to 12.1.3 of the intergovernmental arrangement.
(2) Subsection (3) applies if —
(a) a scheme review is carried out; and
(b) a report is prepared by the person carrying out the review; and
(c) the Minister receives the report.
(3) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after the Minister receives the report.
(4) If a report to which subsection (3) applies contains sensitive, confidential or personal information, the Minister may comply with subsection (3) by removing the sensitive, confidential or personal information from the report before causing the document to be laid before each House.
[Section 6 inserted: No. 45 of 2022 s. 6.]
7. Termination of adoption
The Governor may by proclamation fix a day as the day on which the adoption under section 4(1) is to terminate.
[Section 7 inserted: No. 45 of 2022 s. 6.]
8. Revoking termination proclamations
(1) The Governor may by proclamation (a revoking proclamation) revoke a proclamation made under section 7.
(2) A revoking proclamation has effect only if published in the Gazette before the day fixed in the proclamation made under section 7.
(3) If a revoking proclamation has effect, the revoked proclamation is taken never to have been made.
(4) A revoking proclamation does not prevent the further making of a proclamation under section 7.
[Section 8 inserted: No. 45 of 2022 s. 6.]
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Notes
This is a compilation of the Trans-Tasman Mutual Recognition (Western Australia) Act 2007 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.