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Trans-Tasman Mutual Recognition (Queensland)
TRANS-TASMAN MUTUAL
RECOGNITION (QUEENSLAND) BILL
1998
EXPLANATORY NOTES
GENERAL OUTLINE
Title of the Bill
Trans-Tasman Mutual Recognition Bill 1998
Policy Objectives of the Bill
The Queensland Government is a signatory to the Trans-Tasman Mutual
Recognition Arrangement (TTMRA) promoting freedom of trade in goods
and services between Australia and New Zealand.
The objective of the Bill is to make Queensland a participating party in
the TTMRA, through implementing `national scheme legislation', via
adopting the Commonwealth Trans-Tasman Mutual Recognition
(Commonwealth) Act 1997.
The Legislative Scheme
The Bill is part of a legislative scheme which will operate via the
enactment of legislation by the States, the Commonwealth and New
Zealand.
The Northern Territory and the Australian Capital Territory are treated as
States for the purposes of this explanatory note, and accordingly references
to a State extend to either Territory.
The objective of the legislative scheme is to implement legislation which
will apply uniformly throughout Australia for the recognition of New
Zealand regulatory standards regarding goods and occupations.
The legislative scheme has a New Zealand and an Australian component.
The Trans-Tasman Mutual Recognition Act 1997, constituting the New
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Trans-Tasman Mutual Recognition (Queensland)
Zealand component of the scheme, was enacted on 20 August 1997.
The Trans-Tasman Mutual Recognition (Commonwealth) Act 1998,
leading the Australian component of the scheme, was assented to on 7
December 1997. The Commonwealth Act will establish a comprehensive
scheme for mutual recognition, which will operate independently of other
State laws and therefore will not require modification of those laws to
enable its implementation (pursuant to s109 of the Commonwealth
Constitution).
All States will either refer power to the Commonwealth to enact the
Commonwealth Act, or adopt the Commonwealth Act (pursuant to s51
(xxxvii) of the Commonwealth Constitution). The Queensland legislation
will adopt the Commonwealth Act for a period of 5 years.
Background
The Trans-Tasman Mutual Recognition Arrangement (TTMRA) was
signed by the Commonwealth and the States on 14 June 1996, and by New
Zealand on 9 July 1996.
The purpose of the TTMRA is to implement mutual recognition
principles between the parties regarding the sale of goods and the
registration of occupations, consistent with the protection of public health
and safety, and the environment.
The objective of the TTMRA is to eliminate regulatory barriers to the
movement of goods and service providers between Australia and New
Zealand, promoting trade between the two countries.
The TTMRA is a natural extension of the Mutual Recognition
Agreement 1992 (MRA) between the Commonwealth and the States, with
which it is consistent.
Reasons for the Bill
Pursuant to the TTMRA, the signatories are to legislate to implement the
TTMRA, and were to use their best endeavours to secure the passage and
bringing into force of legislation by early 1997.
The participating parties to the TTMRA will be the parties which
implement the TTMRA via legislation.
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Trans-Tasman Mutual Recognition (Queensland)
Australia is implementing the TTMRA pursuant to section 51(xxxvii) of
the Commonwealth Constitution, which empowers the Commonwealth
Parliament to make laws with respect to matters referred to it by the
Parliament of a State, extending the laws to the States whose Parliaments
refer the matter to the Commonwealth, or whose Parliaments adopt the
Commonwealth law afterwards.
Therefore, the TTMRA scheme will require one jurisdiction to enact
legislation referring power to the Commonwealth Parliament to enact
legislation implementing the TTMRA.
The Trans-Tasman Mutual Recognition (New South Wales) Act 1997,
referring power to the Commonwealth to pass legislation in accordance
with the schedule to the New South Wales Act, was assented to on 25
November 1997, and the Trans-Tasman Mutual Recognition
(Commonwealth) Act 1997 was assented to on 7 December 1997.
The reference of power does not extend to amendments to the
Commonwealth Act made after the original enactment. However, the
schedules to the Act will be able to be amended by regulations in
accordance with the Commonwealth Act.
The schedules to the Act specify exemptions and exclusions to the
TTMRA on the grounds of public health and safety, and the protection of
the environment. The Governor-General has power to make regulations for
the purposes of amending the schedules, but the exercise of power is
subject to the consent of all participating jurisdictions (in Queensland, the
Governor in Council must consent to the amendment of the schedules).
Achievement of Policy Objectives
The Commonwealth, State and New Zealand legislation will implement
the Trans-Tasman Mutual Recognition Arrangement 1996 (TTMRA).
The purpose of the TTMRA is to implement the following two mutual
recognition principles regarding goods and occupations:
� if goods may be legally sold in New Zealand, the goods may be
sold in an Australian jurisdiction, and vice versa; and
� if a person is registered to practise an occupation in New Zealand,
he or she will be entitled to practise an equivalent occupation in an
Australian jurisdiction, and vice versa.
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Trans-Tasman Mutual Recognition (Queensland)
The principles are subject to a number of exemptions and exceptions on
the grounds of public health and safety, and the protection of the
environment.
Assessment of Administrative Cost to Government
The implementation of the scheme will not impose a significant cost on
government.
Consistency With Fundamental Legislative Principles
The Bill is consistent with fundamental legislative principles.
It may be argued that the Bill, which is `national scheme legislation', is
contrary to the principle of Parliamentary sovereignty.
However, it is worth noting the following:
First, the reference of power to the Commonwealth to enact legislation
implementing the TTMRA does not extend to amendments to the
Commonwealth Act made after the original enactment.
Secondly, whilst the reference of power does enable the
Governor-General to make regulations for the purposes of amending the
schedules to the Commonwealth Act, the exercise of power is subject to the
unanimous consent of participating jurisdictions.
Under the Queensland legislation, the Governor in Council has power to
make a gazette notice, endorsing a regulation to be made under the
Commonwealth Act. However, to ensure that Queensland Parliament may
scrutinise a regulation to be made under the Commonwealth Act, the
Queensland legislation states that the Governor in Council may only make a
particular gazette notice by the express authority of an Act. It is proposed
that the wording of the proposed Commonwealth regulation will be set out
in the Act approving the gazette notice. It is also proposed that the wording
of any significant amendment of the regulation be approved in a separate
Bill.
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Trans-Tasman Mutual Recognition (Queensland)
Extent of Consultation
The Commonwealth Government was responsible for initiating and
conducting nationwide consultation with government, industry and the
public regarding the TTMRA.
NOTES ON CLAUSES
State Bill
Clause 1--Short title
The clause provides for the proposed Act to be cited as the
Trans-Tasman Mutual Recognition (Queensland) Act 1998.
Clause 2--Purpose
The purpose of the proposed Act is to adopt the Trans-Tasman Mutual
Recognition Act 1997 (Commonwealth).
Clause 3--Definitions
The clause defines expressions used in the proposed Act.
Clause 4--Adoption of Commonwealth Act
The clause states that the Commonwealth Act, as originally enacted and
as amended from time to time by regulations made under the
Commonwealth Act, is adopted under the Commonwealth of Australia
Constitution Act, section 51(xxxvii).
The adoption has effect for the period starting on the commencement of
this Act (but not so as to give effect to a provision before that provision
commences under the Commonwealth Act, section 2), and ending on the
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fifth anniversary of the day fixed under the Commonwealth Act, section
2(2), or if more than 1 day is fixed under the section, the earliest of the
days.
Clause 5--Endorsing proposed regulations under the Commonwealth
Act
The clause states that the Governor in Council may make a gazette notice
for the Commonwealth Act, section 43(1). However, the Governor in
Council may only make a particular gazette notice under subsection (1) by
express authority of an Act.
It is proposed that the wording of the proposed Commonwealth
regulation will be set out in the Act approving the gazette notice. It is also
proposed that the wording of any significant amendment of the regulation
be approved in a separate Bill. The Governor in Council would then be
authorised to make the relevant gazette notice to the regulation.
Clause 6--Regulation making power
The clause states that the Governor in Council may make regulations
under the Commonwealth Act, section 46.
Clause 7--Attachment--Commonwealth Act
The clause provides that the Commonwealth Act is an attachment to the
proposed Act, however, the attachment is not part of the Act.
Clause 8--Expiry
The clause provides that the proposed Act will expire at the end of the
adoption period of 5 years.
Commonwealth Bill
Part 1--Preliminary
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Trans-Tasman Mutual Recognition (Queensland)
Clause 1--Short title
The clause provides for the proposed Act to be cited as the
Trans-Tasman Mutual Recognition Act 1997.
Clause 2--Commencement
The clause provides for Part 1 of the proposed Act to commence on the
day on which the Act receives the Royal Assent. The remaining provisions
of the Act are to commence on a day or days to be fixed by Proclamation of
the Governor-General.
Clause 3--Principal purpose
The principal purpose of the proposed Act is to enact legislation for the
purpose of recognising within Australia regulatory standards adopted in
New Zealand regarding goods and occupations.
Clause 4--Interpretation
The clause contains definitions of expressions used in the proposed Act.
In particular
(a) goods means goods of any kind (including animals, plants,
material of microbial origin, a package containing goods, and a
label attached to goods), and
(b) 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, and
(c) 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, and
(d) participating jurisdiction refers to clause 50, and covers New
Zealand, the Commonwealth, or a State while the State has the
appropriate legislation in force to give effect to the scheme.
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Trans-Tasman Mutual Recognition (Queensland)
Clause 5--Operation of this Act in relation to the Commonwealth
The clause states that the proposed Act does not affect the operation of
any other law of the Commonwealth, and generally does not affect the
operation of the Mutual Recognition Act 1992 of the Commonwealth.
Clause 6--Operation of this Act in relation to the States
The clause states that the proposed Act applies to a State while it is a
participating jurisdiction and does not affect the operation of a law of the
State so far as it can operate concurrently with the proposed Act.
Clause 7--Operation of this Act in relation to New Zealand
The clause states that the Governor-General may declare by Proclamation
that the Act will cease to have effect on a specified day if New Zealand is or
will become a non-participating jurisdiction.
Clause 8--Crown bound
The clause states that the proposed Act binds the Crown in right of the
Commonwealth and of each of the States (while a participating jurisdiction).
Part 2--Good
Clause 9--Trans-Tasman mutual recognition principle
The clause states that the mutual recognition principle in relation to goods
is as set out in this Part. The Part deals with goods produced in or imported
into New Zealand and their sale in Australia.
Clause 10--Entitlement to sell goods
The clause provides that goods produced in or imported into New
Zealand that may lawfully be sold in New Zealand may be sold in an
Australian jurisdiction without the need to comply with the requirements set
out in clause 11.
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Trans-Tasman Mutual Recognition (Queensland)
Clause 11--Requirements that do not need to be complied with
The clause specifies the requirements relating to sale that are imposed by
an Australian jurisdiction and that do not need to be complied with. Those
requirements are as follows
(a) requirements relating to the goods themselves, for example,
requirements relating to their production, composition, quality or
performance,
(b) requirements relating to the way the goods are presented, for
example, requirements relating to their packaging, labelling, date
stamping or age,
(c) requirements that the goods be inspected, passed or similarly
dealt with in or for the purposes of the jurisdiction,
(d) requirements that any step in the production of the goods not
occur outside the jurisdiction,
(e) any other requirements 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.
Clause 12--Requirements that do need to be complied with
The clause contains exceptions to the mutual recognition principle. The
principle does not affect the operation of any laws of an Australian
jurisdiction, so long as those laws apply equally to goods produced in or
imported into the Australian jurisdiction and are laws which fall into one of
the following three classes
(a) laws that regulate the manner of sale of goods or the manner in
which sellers conduct their business in the jurisdiction (examples
include laws relating to contractual aspects of the sale of goods,
registration of sellers or other persons carrying on occupations,
requirement for business franchise licences, the persons to
whom, and the circumstances in which, goods may or may not
be sold),
(b) laws that relate to the transportation, storage or handling of goods
and are directed at matters affecting the health and safety of
persons within the jurisdiction or at environmental pollution
matters,
(c) laws that relate to the inspection of goods (other than laws
providing that inspection is a prerequisite to the sale of the goods
in the jurisdiction) and are directed at matters affecting the health
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and safety of persons within the jurisdiction or at environmental
pollution matters.
Clause 13--Defences to offences regarding sale
The clause provides that it is a defence to a prosecution for an offence
against sale of goods laws in an Australian jurisdiction if a person claims
that the mutual recognition principle applies and establishes that the goods
concerned were labelled at the point of sale with a statement that they were
produced in or imported into New Zealand and also establishes that the
person had no reasonable grounds for suspecting that the goods were not so
produced or imported. The defence cannot be used if the prosecution
proves that the mutual recognition principle did not apply in the particular
case (because for example the laws did not comply with requirements
imposed by the law of New Zealand).
Clause 14--Goods that comply with local law
The clause provides that nothing prevents goods from being sold in an
Australian jurisdiction if they comply with the law of the jurisdiction in
which they are sold.
Part 3--Occupations
Division 1--Preliminary
Clause 15--Trans-Tasman mutual recognition principle
The clause states that the mutual recognition principle as applying to
occupations is as set out in this Part. The 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.
Clause 16--Entitlement to carry on occupation
The clause provides that a person who is registered in New Zealand for
an occupation is entitled to be registered for an equivalent occupation in an
Australian jurisdiction after notifying the local registration authority in the
Australian jurisdiction. Pending registration, the person may carry on the
equivalent occupation in the Australian jurisdiction. The mutual recognition
principle does not affect the operation of laws that affect the manner of
carrying on an occupation in the Australian jurisdiction so long as those
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Trans-Tasman Mutual Recognition (Queensland)
laws apply equally to all persons seeking to carry on the occupation or
carrying it on and are not based on the attainment or possession of some
qualification or experience relating to fitness to carry on the occupation.
Clause 17--Application of this Part
The clause deals with aspects of how the Part applies. It applies to
individuals and occupations carried on by them. It extends to each system
of registration for an occupation in cases where more than one such system
is involved (for example, admission as a legal practitioner by a court and
issue of a practising certificate by another body).
Division 2--Entitlement to registration
Clause 18--Notification to local registration authority
The clause enables a person who is registered in New Zealand for an
occupation to lodge written notice with the local registration authority of an
Australian jurisdiction seeking registration in an equivalent occupation. The
clause specifies certain matters that must be contained in the notice and
requires the notice to be accompanied by documentary evidence or
information as to the person's existing registration.
Clause 19--Entitlement to registration and continued registration
The clause provides that once a person lodges a notice under clause 18 in
an Australian jurisdiction the person is entitled to be registered in the
equivalent occupation and the entitlement continues (even if the registration
in New Zealand ceases) so as to enable renewal of registration in the
Australian jurisdiction. Continuance of registration is otherwise subject to
the law of the Australian jurisdiction. The local registration authority of the
Australian jurisdiction cannot impose conditions on registration that are
more onerous than would be imposed in similar circumstances (having
regard to qualifications and experience) unless they are conditions that apply
to the person's registration in New Zealand or that are necessary to achieve
equivalence of occupations. The clause states that it has effect subject to the
Part (for example, clause 32--Disciplinary action).
Clause 20--Action following notice
The clause provides that registration must be granted within one month
of lodging a notice under clause 18 and when granted takes effect from the
date of lodgment of that notice. Within that month the local registration
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authority may postpone or refuse the grant of registration. If the registration
authority does neither within that month, registration is automatic at the end
of that month.
Clause 21--Postponement of registration
The clause specifies the circumstances in which the local registration
authority of the Australian jurisdiction may postpone registration. The
postponement may not extend beyond 6 months and if it does registration is
automatic at the end of that 6-month period unless registration was refused
at or before the end of that period. Earlier registration may be granted on a
review by the Administrative Appeals Tribunal of the Commonwealth.
Clause 22--Refusal of registration
The clause specifies the grounds on which the local registration authority
of the Australian jurisdiction may refuse registration. Those grounds are
that a statement or information in the notice under clause 18, or
documentary evidence or information provided as to existing registration, is
materially false or misleading or that the registration sought is not for an
equivalent occupation and equivalence cannot be achieved by imposing
conditions. A decision to refuse to grant registration on the ground that an
occupation is not an equivalent occupation takes effect at the end of a
specified period of not less than two weeks after the person concerned has
been notified unless it has been previously revoked or an application for
review made to the Administrative Appeals Tribunal. On such an
application, the Tribunal may make whatever orders it considers
appropriate.
Clause 23--Notification of decision
The clause requires a local registration authority to give notice in writing
of its decision as to registration.
Division 3--Interim arrangements
Clause 24--Deemed registration
The clause provides that pending determination of a notice under clause
18 the person lodging the notice has deemed registration. Deemed
registration does not of itself provide a basis for registration in another
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Trans-Tasman Mutual Recognition (Queensland)
Australian jurisdiction.
Clause 25--Duration of deemed registration
The clause deals with the duration of a person's deemed registration. It
ceases when the person is registered by the local registration authority of an
Australian jurisdiction, or if that authority refuses registration, or if
substantive registration in every other participating jurisdiction ceases. It
may be cancelled or suspended in accordance with this Part and is not
affected by postponement of the grant of substantive registration.
Clause 26--Activities under deemed registration
The clause enables a person with deemed registration in an Australian
jurisdiction to carry on the equivalent occupation in the jurisdiction but
subject to certain limitations. Those limitations include the limits conferred
by the person's substantive registration in New Zealand as well as by the
person's deemed registration.
Division 4--Equivalent occupations
Clause 27--Equivalent occupations
The clause states that the equivalence of occupations carried on in
different participating jurisdictions is to be determined in accordance with
this Part.
Clause 28 -General principle
The clause provides that occupations for which persons may be
registered in New Zealand are to be taken as equivalent if the activities
authorised under the registration for the occupation in an Australian
jurisdiction are substantially the same. This equivalence may be achieved
by the imposition of conditions.
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Trans-Tasman Mutual Recognition (Queensland)
Clause 29--Declarations as to equivalent occupations
The clause provides that this Part is to be given effect to in accordance
with relevant declarations under this Division regarding equivalent
occupations. If an inconsistency arises between a declaration of the
Administrative Appeals Tribunal (see clause 30) and a declaration of
Ministers (see clause 31), the ministerial declaration prevails. A declaration
does not affect the registration of a person already registered unless it is
made by the Administrative Appeals Tribunal in relation to that person
specifically.
Clause 30--Declarations by Australian Tribunal
The clause enables the Administrative Appeals Tribunal to make an
order, on a review of a decision of a local registration authority under the
proposed Act, that a person registered in an occupation in New Zealand is
or is not entitled to registration in an Australian jurisdiction in a particular
occupation.
On such a review, the Administrative Appeals Tribunal may also specify
conditions that will achieve equivalence and may make a declaration that
occupations carried on in New Zealand and in an Australian jurisdiction are
not equivalent if it is satisfied as to certain matters. Such declarations must
be published and notified to appropriate authorities in other participating
jurisdictions. The local registration authority must give effect to the decision
on the review.
Clause 31--Declarations by Ministers
The clause enables a Minister from New Zealand and a Minister from
one or more Australian jurisdictions to declare jointly that specified
occupations are equivalent and to specify conditions that will achieve
equivalence. Such a declaration has effect only in relation to the
participating jurisdictions concerned and must be given effect to by the
appropriate local registration authorities.
Division 5--General provisions
Clause 32--Disciplinary action
The clause provides that if a person's registration in an occupation in
New Zealand is cancelled or suspended, or subject to a condition, on
disciplinary grounds or as a result of or in anticipation of criminal, civil or
disciplinary proceedings, the person's registration in an equivalent
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Trans-Tasman Mutual Recognition (Queensland)
occupation in an Australian jurisdiction is affected in the same way
(whether or not the registration was effected under the proposed Act). The
local registration authority of the Australian jurisdiction may in such cases
reinstate the registration or waive conditions if it thinks it appropriate.
Clause 33--Review of decisions
The clause allows a person to apply to the Administrative Appeals
Tribunal for review of a decision of a local registration authority under the
proposed Act.
Clause 34--Costs
The clause empowers the Administrative Appeals Tribunal to order a
party in proceedings to pay costs if the party has acted unreasonably.
Clause 35--Co-operation with and membership of Trans-Tasman
Occupations Tribunal (NZ)
The clause provides for consistency of decisions made by the
Administrative Appeals Tribunal and the Trans-Tasman Occupations
Tribunal of New Zealand.
Clause 36--Residence or domicile
The clause states that residence or domicile is not to be a prerequisite or
factor in a person's entitlement to registration under the proposed Act.
Clause 37--Furnishing information
The clause requires a local registration authority of an Australian
jurisdiction to promptly furnish information about a person registered in
that jurisdiction reasonably required by a local registration authority of
another participating jurisdiction. The request for information must be in
connection with the seeking of registration by the person in the jurisdiction,
the person's deemed registration, or actual or possible disciplinary action
against the person. The information may be furnished despite any law
relating to secrecy, confidentiality or privacy.
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Clause 38--Receiving information
The clause provides that once information is received by a local
registration authority under clause 37 the information is subject to any law
relating to secrecy, confidentiality or privacy applicable to information
provided under the law of the jurisdiction under which that authority is
constituted or exercises its functions.
Clause 39--General responsibilities of local registration authorities
The clause sets out the general duties of local registration authorities
under the proposed Act. They must facilitate the operation of this Part in
relation to the relevant occupations and make use of the power to impose
conditions in such a way as to promote the mutual recognition principle.
They must prepare guidelines and information as to the operation of this
Part. Such guidelines and information are to be available within six months
of the commencement of the clause. The clause also requires local
registration authorities to have regard to the privacy principles set out in
Schedule 5. The principles do not create separately enforceable rights or
duties.
Clause 40--Fees
The clause enables a local registration authority of an Australian
jurisdiction to impose fees in connection with registration under the
proposed Act but not fees greater than those imposed for registration apart
from the proposed Act. The authority may impose a condition on
substantive or deemed registration that a person may not carry out activities
authorised by the registration until the fees have been paid.
Clause 41--Formalities requiring personal attendance
The clause provides that registration or entitlement to registration under
this Part does not require compliance with any requirements as to personal
attendance in the relevant Australian jurisdiction.
Clause 42--Saving
The clause states that nothing prevents a person from seeking registration
in an occupation apart from the Act.
Part 4--Exclusions and exemption
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Trans-Tasman Mutual Recognition (Queensland)
Clause 43--References to endorsing a proposed regulation
The clause provides that for the purposes of this Part a jurisdiction
endorses a regulation by publishing a notice in the Gazette of that
jurisdiction. However, a recommendation by a Commonwealth Minister to
the Governor-General for a regulation amounts to endorsement of it by the
Commonwealth.
Clause 44--Exclusions
The clause provides for the exclusion from the proposed Act of laws of
an Australian jurisdiction to the extent set out in Schedule 1 (Exclusions).
The Governor-General may make regulations amending Schedule 1 but all
participating jurisdictions must endorse the regulation, unless the regulation
merely omits or reduces the effect of a law as set out in Schedule 1 or adds
a consistent law of a State to the Schedule (in which case only the
endorsement of the State is needed).
Clause 45--Permanent exemptions
The clause provides for the permanent exemption from the proposed Act
of laws of an Australian jurisdiction to the extent set out in Schedule 2
(Permanent exemptions). The Governor-General may make regulations
amending Schedule 2. Any such regulation must be made with the
endorsement of all participating jurisdictions. However, that requirement
does not apply to a regulation that merely omits or reduces the extent of an
exemption from the law of a State (in which case only the endorsement of
the State is needed).
Clause 46--Temporary exemptions
The clause provides for the temporary exemption from the proposed Act
of the sale of particular goods in an Australian jurisdiction or of laws of
Australian jurisdiction relating to particular goods. Such exemptions only
have effect if they are substantially for the protection of the health and safety
of persons within the jurisdiction or directed at environmental pollution
matters. The exemption only has effect for 12 months (either continuously
or as an aggregate).
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Trans-Tasman Mutual Recognition (Queensland)
Clause 47--Continuation of temporary exemptions to enable
implementation of Ministerial agreements
The clause provides for a continuation of temporary exemptions referred
to in clause 46. The purpose of the clause 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 (generally in the context of a ministerial council) of an
exemption under clause 46. The Governor-General may make regulations
for the purposes of this clause if they have the effect of continuing or
reviving the effect of an exemption, with or without modification.
However, endorsement of at least two-thirds of the participating
jurisdictions is required before the regulation may be made. An exemption
under this clause (together with the period of any previous exemption) can
only operate for 12 months (either continuously or as an aggregate).
Clause 48--Special exemptions
The clause provides for the special exemption from the proposed Act of
laws of an Australian jurisdiction to the extent set out in Schedule 3 (Special
exemptions). Such an exemption only operates for 12 months after the
clause commences but this may be extended by regulations made by the
Governor-General. Endorsement of all of the participating jurisdictions is
required before a regulation is made under this clause. However, that
requirement does not apply to a regulation that relates solely to a law
specified in Schedule 3 and will not take effect until after 5 years after the
commencement of the clause (in which case only the endorsement of
two-thirds of the participating jurisdictions is needed), or to a regulation that
merely omits expired matter (in which case only Commonwealth
endorsement is needed).
Clause 49--Exemptions relating to occupations
The clause provides for the exemption from the proposed Act of laws of
an Australian jurisdiction to the extent set out in Schedule 4 (Exempt laws
relating to occupations). The Governor-General may make regulations
amending Schedule 4 and the endorsement of all participating jurisdictions
is required, unless the regulation omits a law of a State (in which case only
the endorsement of the State is needed).
Part 5--Genera
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Trans-Tasman Mutual Recognition (Queensland)
Clause 50--References to participating jurisdictions
The clause defines participating jurisdiction for the purposes of the
proposed Act as being New Zealand (while there is an Act in force that
corresponds to the proposed Commonwealth Act), the Commonwealth, or
a State (while it has an Act sustaining or adopting the proposed
Commonwealth Act).
Clause 51--Application of Trans-Tasman mutual recognition
principle
The clause provides that the mutual recognition principle and the
proposed Act may be taken into consideration in proceedings of any kind
and for any purpose. The clause also ensures that a person may rely on the
mutual recognition principle in relation to more than one Australian
jurisdiction.
Clause 52--Machinery provisions regarding limitations etc.
The clause enables conditions or undertakings imposed on the
registration of a person in an occupation in New Zealand to be construed
with necessary adaptations for the purposes of registration in the relevant
Australian jurisdiction.
Clause 53--Determining place of production
The clause provides a method for determining where goods are produced
for the purposes of the proposed Act.
Clause 54--Commonwealth regulations for temporary exemptions
The clause empowers the Governor-General to make regulations for the
purposes set out in clause 46.
SCHEDULE 1--EXCLUSIONS
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Trans-Tasman Mutual Recognition (Queensland)
Schedule 1--Exclusions
Schedule 1 excludes specified laws relating to goods from the mutual
recognition principle, as referred to in clause 44.
Schedule 2--Permanent exemptions
Schedule 2 permanently exempts specified laws relating to goods from
the mutual recognition principle, as referred to in clause 45
Schedule 3--Special exemptions
Schedule 3 provides limited exemptions for specified laws relating to
goods from the mutual recognition principle, as referred to in clause 48.
Schedule 4--Exempt laws relating to occupations
Schedule 4 exempts specified laws relating to occupations from the
mutual recognition principle, as referred to in clause 49.
Schedule 5--Privacy of information collected under the Act
Schedule 5 sets out requirements relating to privacy of information
collected under the proposed Act to which local registration authorities are
required to have regard, as referred to in clause 39.
� The State of Queensland 1998