New South Wales Bills Explanatory Notes

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TRANS-TASMAN MUTUAL RECOGNITION (NEW SOUTH WALES) AMENDMENT BILL 1997

[Act 1997 No 101]
New South Wales
Trans-Tasman Mutual Recognition

(New South Wales) Amendment Bill

1997

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

In accordance with the national legislative scheme for implementing the 1996
Trans-Tasman Mutual Recognition Arrangement regarding Australian and
New Zealand goods and occupations, New South Wales has enacted the
Trans-Tasman Mutual Recognition (New South Wales) Act 1996 (the State
Act). The State Act refers power to the Parliament of the Commonwealth to
enact legislation (ie the proposed Trans-Tasman Mutual Recognition Act
1997 of the Commonwealth) in the terms set out in the Schedule to the State
Act. Once enacted, the proposed Commonwealth Act will apply to New
South Wales (as well as to any other State or Territory that either refers a
similar power to the Commonwealth or that subsequently adopts the
Commonwealth Act).

Trans-Tasman Mutual Recognition (New South Wales) Amendment Bill 1997 [Act 1997 No 101]
Explanatory note

Section 48 of the proposed Commonwealth Act provides for the special
exemption from the operation of the proposed Act (and from the
Trans-Tasman, mutual recognition principle) of laws of Australian
jurisdictions that relate to goods and that are specified or described in
Schedule 3 (Special exemptions) to the proposed Act. Any such special
exemption only operates for 12 months after section 48 commences, unless
extended for up to 12 months at a time by the regulations under the proposed
Commonwealth Act.

The object of this Bill is to amend the State Act in order to include a number
of product safety laws of each Australian jurisdiction in the list of special
exemptions to the proposed Commonwealth Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 amends the Schedule to the Trans-Tasman Mutual Recognition
(New South Wales) Act 1996 containing the Commonwealth Bill in order to
achieve the object described in the above overview.

Explanatory note page 2

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