Northern Territory Second Reading Speeches

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TRANS-TASMAN MUTUAL RECOGNITION BILL 1998

Bill presented and read a first time.

Mr STONE (Chief Minister): Mr Deputy Speaker, I move that the bill be now read a second time.

The purpose of this bill is to give effect to the Trans - Tasman Mutual Recognition arrangement which was signed by the Prime Minister, state premiers, chief ministers and the Prime Minister of New Zealand in June 1996. The arrangement is a natural extension of the Mutual Recognition Agreement between the Commonwealth and the states and the territories, which commenced operation in March 1993.

The arrangement is based on 2 main principles in relation
to goods and occupation:

ú If goods may be legally sold in New Zealand, they may be
sold in Australia, and vice versa; and

ú if a person is registered to practice an occupation in
New Zealand, he or she will be entitled to practice to
equivalent occupation in Australia, and vice versa.

The Northern Territory legislation will form part of a larger legislative scheme which involves enactment of legislation by the Commonwealth, the states, the Northern Territory, the ACT and New Zealand. The arrangement requires the Northern Territory and the Australian Capital Territory to pass legislation either requesting or enabling the enactment by the Commonwealth of relevant legislation which will be applicable in each of the Territories. This is in contrast to the situation with the states, where the power has to be referred to the Commonwealth under paragraph (38) of section 51 of the Constitution.

The bill thus provides for the Commonwealth Trans-Tasman Mutual Recognition Act 1997 to apply as a law of the Territory. The Commonwealth act, in turn, applies uniformly throughout Australia the recognition of regulatory standards adopted in New Zealand for goods and occupations. The amendment of the Commonwealth act, other than to the schedules, may only occur in accordance with the signed arrangement, where all Australian participating parties agree. The schedules for the Commonwealth act deal with exclusions, exemptions and privacy of information collected under the act, and are able to be amended by regulations in accordance with the act.

In relation to goods, the principle is that they need only comply with the standards or regulations applying in the country in which they are produced, or through which they are imported, to be eligible to be sold in the other country. The arrangement, however, does not affect the operation of any laws to the extent that they regulate the manner or sale of goods, or the manner in which sellers conduct their business, the transportation, storage or handling of goods or inspection of goods.

In addition, a number of categories of laws were excluded from the arrangement. These laws, which are listed at schedule 1 to the Commonwealth act, include laws relating to customs control and tariffs, intellectual property, taxation and specified international obligations. There are also a number of permanent exemptions from the arrangement listed under schedule 2 of the Commonwealth act. These include laws relating to quarantine, endangered species, firearms, fireworks, indecent material, ozone protection, agricultural and veterinary chemicals and certain risk-categorised food.

There is a further list of special exemptions in schedule 3 to the Commonwealth act, where further examination of each country's regulatory requirements was considered desirable. Examples in this category are therapeutic goods, hazardous substances and dangerous goods, road vehicles and gas appliances.

Finally, there is a provision for temporary exemptions if a jurisdiction believes that the sale of the goods in question could give rise to a threat to health safety or the environment of the jurisdiction. It was agreed that there should such a temporary exemption for certain electrical products for the first 12 months of the arrangement. This is to be effected by regulations at the same time that this Territory legislation comes into effect. During the period of the exemption, ministerial council consideration will be given to harmonising the relevant standards between the jurisdictions.

In relation to occupations, the arrangement provides that a person registered to provide an occupation in New Zealand would be entitled to practise an equivalent occupation under the law of any Australian party to the arrangement. The decision allows registration authorities to impose conditions which will bring about the equivalent occupation. Where a person feels aggrieved by the decision of a registration authority, the matter may be appealed to the Administrative Appeals Tribunal. Additionally, all laws regulating the practising of an occupation such as laws relating to the operation of trust accounts for continuing education, apply equally to persons registered under the provisions of the arrangement.

The implementation of the Australian Mutual Recognition Agreement for 4 years has helped to break down the barriers to the trading of goods and the movement of occupations in Australia. The broadening of this arrangement to include New Zealand is a logical further step. Freer trade creates a bigger market for business and contributes to the health of the Australian economy, including the Northern Territory economy. Freer movement of occupations between Australia and New Zealand is also good for the economy, but in addition assists individuals in the furtherance of their occupations and saves on unnecessary bureaucracy. I am pleased to commend the bill to members of the Legislative Assembly.

Motion agreed to; debate adjourned.

 

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