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TRANS-TASMAN MUTUAL RECOGNITION ACT 1997 - SCHEDULE 2

Permanent exemptions

Note:       See section 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.


 

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 and Synthetic Greenhouse Gas Management Act 1989 (to the extent that it deals with ozone depleting substances)

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

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

Gas Appliances

Gas Supply Act 1996 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

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 Regulation s 1 995

Control of Weapons Act 1990

Control of Weapons Regulation s 1 990

Fireworks

Dangerous Goods Act 1985 (to the extent that it deals with fireworks)

Dangerous Goods (Explosives) Regulation s 1 988 , Part 8, Division 5

Gaming machines

Gaming Machine Control Act 1991

Gas Appliances

Gas Safety Act 1997 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

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)

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

Gas Appliances

Petroleum and Gas (Production and Safety) Act 2004 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

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)

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

Gas Appliances

Gas Standards Act 1972 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

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)

8   South Australia

 

Firearms and other prohibited or offensive weapons

Firearms Act 1977

Firearms Regulation s 1 993

Summary Offences Act 1953 , sections 15 and 15A

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 Regulation s 1 993

Gas Appliances

Gas Act 1997 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

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)

9   Tasmania

 

Firearms and other prohibited or offensive weapons

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)

Gas Appliances

Gas Act 2000 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

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)

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

Gas Appliances

Gas Safety Act 2000 , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

Indecent material

Business Franchise ("X" Videos) Act 1990

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

Ozone protection

Ozone Protection Act 1991

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

Gas Appliances

Dangerous Goods Act , to the extent that it relates to regulation of liquefied petroleum gas (LPG) appliances (other than those that have been tested and certified for safe use on universal LPG) and portable, unflued cabinet heaters that are designed for indoor use and that operate on LPG using LPG gas cylinders that are self‑contained within the heater

Indecent material

Classification of Publications and Films Act 1985

Ozone protection

Ozone Protection Act 1990

 




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