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Queensland
TRANS-TASMAN MUTUAL
RECOGNITION
(QUEENSLAND) BILL 1998
Queensland
TRANS-TASMAN MUTUAL
RECOGNITION (QUEENSLAND) BILL
1998
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Adoption of Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Endorsing proposed regulations under the Commonwealth Act . . . . . . . . . . 5
6 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Attachment--Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . 7
COMMONWEALTH ACT
1998
A BILL
FOR
An Act to adopt the Trans-Tasman Mutual Recognition Act 1997
(Cwlth), and for other purposes
s1 4 s4
Trans-Tasman Mutual Recognition
(Queensland)
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Trans-Tasman Mutual Recognition 3
(Queensland) Act 1998. 4
urpose 5
P
2. The purpose of this Act is to adopt the Trans-Tasman Mutual 6
Recognition Act 1997 (Cwlth). 7
8
Definitions
3. In this Act-- 9
"adopted" means adopted by this Act. 10
"adoption period" means the period of adoption mentioned in 11
section 4(2). 12
"Commonwealth Act" means the Trans-Tasman Mutual Recognition Act 13
1997 (Cwlth). 14
of Commonwealth Act 15
Adoption
4.(1) The Commonwealth Act, as originally enacted and as amended 16
from time to time by regulations made under the Commonwealth Act, is 17
s5 5 s6
Trans-Tasman Mutual Recognition
(Queensland)
adopted under the Commonwealth of Australia Constitution Act, 1
section 51(xxxvii).1 2
(2) The adoption has effect for the period starting on the commencement 3
of this Act (but not so as to give effect to an adopted provision before that 4
provision commences under the Commonwealth Act, section 2) and ending 5
on the fifth anniversary of-- 6
(a) the day fixed under the Commonwealth Act, section 2(2);2 or 7
(b) if more than 1 day is fixed under the section, the earliest of the 8
days. 9
proposed regulations under the Commonwealth Act 10
Endorsing
5.(1) The Governor in Council may make a gazette notice for the 11
Commonwealth Act, section 43(1).3 12
(2) However, the Governor in Council may only make a particular 13
gazette notice under subsection (1) by the express authority of an Act. 14
power 15
Regulation-making
6. The Governor in Council may make regulations under the 16
Commonwealth Act, section 46.4 17
1 The Commonwealth of Australia Constitution Act, section 51 provides--
`51. The Parliament shall, subject to this Constitution, have power to make laws
for the peace, order, and good government of the Commonwealth with respect
to:--
...
(xxxvii.) Matters referred to the Parliament of the Commonwealth by the
Parliament or Parliaments of any State or States, but so that the
law shall extend only to States by whose Parliaments the matter is
referred, or which afterwards adopt the law:'.
2 Section 2 (Commencement)
3 Section 43 (References to endorsing a proposed regulation)
4 Commonwealth Act, section 46 (Temporary exemptions)
s7 6 s8
Trans-Tasman Mutual Recognition
(Queensland)
Act 1
Attachment--Commonwealth
7.(1) Attached to this Act is a copy of the Commonwealth Act as 2
adopted. 3
(2) The attachment is not part of this Act. 4
(3) The attachment must be revised so that it is an accurate copy of the 5
Commonwealth Act as amended from time to time and adopted under 6
section 4(1). 7
(4) The revision under subsection (3) must happen in the first reprint of 8
the Act after an amendment of the Commonwealth Act. 9
10
Expiry
8. This Act expires at the end of the adoption period. 11
12
7
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT
¡
COMMONWEALTH ACT
section 7
TRANS-TASMAN MUTUAL
RECOGNITION ACT 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
3 Principal purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Operation of this Act in relation to the Commonwealth . . . . . . . . . . . . . . . . 15
6 Operation of this Act in relation to the States . . . . . . . . . . . . . . . . . . . . . . . . 15
7 Operation of this Act in relation to New Zealand . . . . . . . . . . . . . . . . . . . . . 15
8 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 2--GOODS
9 Trans-Tasman mutual recognition principle . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Entitlement to sell goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Requirements that do not need to be complied with . . . . . . . . . . . . . . . . . . 16
12 Requirements that do need to be complied with . . . . . . . . . . . . . . . . . . . . . 17
13 Defences to offences regarding sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
14 Goods that comply with local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
PART 3--OCCUPATIONS
Division 1--Preliminary
15 Trans-Tasman mutual recognition principle . . . . . . . . . . . . . . . . . . . . . . . . . 19
16 Entitlement to carry on occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
17 Application of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2--Entitlement to registration
18 Notification to local registration authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Entitlement to registration and continued registration . . . . . . . . . . . . . . . . . 22
20 Action following notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
21 Postponement of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
22 Refusal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
23 Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Interim arrangements
24 Deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
25 Duration of deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Activities under deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4--Equivalent occupations
27 Equivalent occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 General principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Declarations as to equivalent occupations . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Declarations by Australian Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
31 Declarations by Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--General provisions
32 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
33 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
34 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
35 Co-operation with and membership of Trans-Tasman Occupations
Tribunal (NZ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
36 Residence or domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
37 Furnishing information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
9
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
38 Receiving information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
39 General responsibilities of local registration authorities . . . . . . . . . . . . . . . 33
40 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
41 Formalities requiring personal attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 4--EXCLUSIONS AND EXEMPTIONS
43 References to endorsing a proposed regulation . . . . . . . . . . . . . . . . . . . . . . . 35
44 Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Permanent exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
46 Temporary exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
47 Continuation of temporary exemptions to enable implementation
of ministerial agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
48 Special exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
49 Exemptions relating to occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 5--GENERAL
50 References to participating jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
51 Application of Trans-Tasman mutual recognition principle . . . . . . . . . . . . . 40
52 Machinery provisions regarding limitations etc. . . . . . . . . . . . . . . . . . . . . . . 40
53 Determining place of production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
54 Commonwealth regulations for temporary exemptions . . . . . . . . . . . . . . . . . 41
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42
EXCLUSIONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 47
PERMANENT EXEMPTIONS
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 57
SPECIAL EXEMPTIONS
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 62
EXEMPT LAWS RELATING TO OCCUPATIONS
SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 63
PRIVACY OF INFORMATION COLLECTED UNDER THE ACT
s1 11 s3
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
TRANS-TASMAN MUTUAL RECOGNITION 1
ACT 1997 2
3
[reprinted as in force on 3 February 1998]
An Act to provide for the recognition within Australia of regulatory 4
standards adopted in New Zealand regarding goods and 5
occupations 6
The Parliament of Australia enacts-- 7
PART 1--PRELIMINARY 8
title 9
Short
1. This Act may be cited as the Trans-Tasman Mutual Recognition 10
Act 1997. 11
12
Commencement
2.(1) This Part commences on the day on which this Act receives the 13
Royal Assent. 14
(2)The remaining provisions of this Act commence on a day or days to 15
be fixed by Proclamation. 16
purpose 17
Principal
3.(1) The principal purpose of this Act is to enact legislation authorised 18
by the Parliaments of States under paragraph (xxxvii) of section 51 of the 19
s4 12 s4
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
Commonwealth Constitution, and requested by the legislatures of the 1
Australian Capital Territory and the Northern Territory, for the purpose of 2
recognising within Australia regulatory standards adopted in New Zealand 3
regarding goods and occupations. 4
(2) The legislation is as contemplated by the Trans-Tasman Mutual 5
Recognition Arrangement entered into on 9 July 1996 between the 6
Commonwealth of Australia, New Zealand, the States of New South 7
Wales, Victoria, Queensland, Western Australia, South Australia and 8
Tasmania, the Australian Capital Territory and the Northern Territory. 9
10
Interpretation
4.(1) In this Act, unless the contrary intention appears-- 11
"Australia" means Australia in a geographical sense, and does not include 12
the external territories. 13
"Australian jurisdiction" means a participating jurisdiction, other than 14
New Zealand. 15
"Australian Tribunal" means the Administrative Appeals Tribunal or a 16
successor to that body. 17
"conditions", when used in relation to occupations, means conditions, 18
limitations or restrictions. 19
"deemed registration" means deemed registration as defined in section 24. 20
"designated person" means-- 21
(a) for New Zealand--a Minister of the Crown for New Zealand; or 22
(b) for the Commonwealth--the Governor-General of Australia; or 23
(c) for a State (other than a Territory)--the Governor of the State or a 24
Minister of the Crown for the State; or 25
(d) for the Australian Capital Territory--the Chief Minister for the 26
Territory; or 27
(e) for the Northern Territory--the Administrator of the Territory. 28
"equivalent", when used in relation to occupations, has a meaning affected 29
s4 13 s4
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
by Division 4 of Part 3. 1
"goods" means goods of any kind, and includes-- 2
(a) animals or plants; or 3
(b) material of microbial origin; or 4
(c) a package containing goods; or 5
(d) a label attached to goods. 6
"grant", when used in relation to registration, means grant, issue or 7
otherwise confer registration. 8
"import into an Australian jurisdiction" means import from outside 9
Australia. 10
"labelling of goods" includes any means by which, at the point of sale, 11
information is attached to goods or is displayed in relation to goods 12
without being attached to them. 13
"local registration authority of a participating jurisdiction for an 14
occupation" means the person or authority in the jurisdiction having 15
the function conferred by legislation of registering persons in 16
connection with their carrying on that occupation in the jurisdiction. 17
"New Zealand" has the meaning given by the Acts Interpretation Act 1924 18
of New Zealand, as in force from time to time. 19
"New Zealand Act" means the Act of the Parliament of New Zealand (as 20
amended and in force from time to time) that deals with Trans-Tasman 21
mutual recognition and corresponds to this Act, and includes any Act 22
replacing that Act (as amended and in force from time to time). 23
"New Zealand Tribunal" means the Trans-Tasman Occupations Tribunal 24
of New Zealand or a successor to that body. 25
"occupation" means an occupation, trade, profession or calling of any kind 26
that may be carried on only by registered persons, where registration is 27
wholly or partly dependent on the attainment or possession of some 28
qualification (for example, training, education, examination, 29
experience, character or being fit or proper), and includes a 30
specialisation in any of the above in which registration may be granted. 31
s4 14 s4
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
"participating jurisdiction" has the meaning given by section 50. 1
"produce" includes to manufacture, and also includes to harvest or 2
otherwise produce in the course of any form of primary production. 3
"registration" includes the licensing, approval, admission, certification 4
(including by way of practising certificates), or any other form of 5
authorisation, of a person required by or under legislation for carrying 6
on an occupation. 7
"requirements", when used in relation to goods, means requirements, 8
prohibitions, restrictions or conditions. 9
"sell" includes sell by wholesale or retail, and includes distribute for sale, 10
expose or offer for sale or have in possession for sale or agree to sell, 11
and includes barter, and includes supply by way of exchange, lease, 12
hire or hire-purchase. 13
"State" includes the Australian Capital Territory or the Northern Territory. 14
"substantive registration" means registration under a law of a 15
participating jurisdiction, but does not include deemed registration. 16
(2) A law specified or described in a Schedule to this Act includes 17
(unless otherwise stated in the Schedule) any relevant regulations or other 18
statutory instruments under that law. 19
(3) A law specified or described in a Schedule to this Act, including any 20
relevant regulations or other statutory instruments under that law, includes 21
(unless otherwise stated in the Schedule) any amendment or replacement of 22
that law, but only to the extent that the effect of the amendment or 23
replacement does not restrict the scope of this Act. 24
(4) A reference in this Act to the designated person is, in relation to a 25
participating jurisdiction for which there is or can be more than one 26
designated person, a reference to any one of them. 27
(5) This Act is to be interpreted in accordance with the Acts 28
Interpretation Act 1901 as in force at the date on which this Act receives the 29
Royal Assent. 30
s5 15 s7
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
of this Act in relation to the Commonwealth 1
Operation
5.(1) Subject to this section-- 2
(a) this Act has effect despite anything in any other law of the 3
Commonwealth enacted or made before the commencement of 4
this section; and 5
(b) any law of the Commonwealth enacted or made after the 6
commencement of this section is to be construed as having effect 7
subject to this Act, except where that law expressly overrides this 8
Act. 9
(2) Subject to subsection 51(2), nothing in this Act affects the operation 10
of the Mutual Recognition Act 1992. 11
of this Act in relation to the States 12
Operation
6.(1) This Act applies to a State, but only while it is a participating 13
jurisdiction. 14
(2) Accordingly, a reference in this Act to a State is a reference to a State 15
that is a participating jurisdiction, and this Act does not affect the operation 16
of the laws of a State that is not a participating jurisdiction. 17
(3) This Act does not affect the operation of a law of a State so far as it 18
can operate concurrently with this Act. 19
of this Act in relation to New Zealand 20
Operation
7.(1) The Governor-General may declare by Proclamation that this Act 21
will cease to have effect on a specified day, if satisfied that-- 22
(a) New Zealand is not a participating jurisdiction and is not likely to 23
become a participating jurisdiction in the near future; or 24
(b) New Zealand is a participating jurisdiction but is likely to cease to 25
be a participating jurisdiction in the near future. 26
(2) Such a Proclamation cannot be made unless the designated person for 27
each of the participating jurisdictions (other than New Zealand and the 28
s8 16 s 11
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
Commonwealth) has published a notice in the official gazette of the 1
jurisdiction requesting the making of the Proclamation. 2
(3) Such a Proclamation is effective according to its terms. 3
rown bound 4
C
8. Subject to section 6, this Act binds the Crown in right of the 5
Commonwealth and of each of the States. 6
ART 2--GOODS 7
P
mutual recognition principle 8
Trans-Tasman
9.(1) The Trans-Tasman mutual recognition principle as applying to 9
goods is as set out in this Part. 10
(2) This Part deals with goods produced in or imported into New 11
Zealand and their sale in Australia. 12
to sell goods 13
Entitlement
10. The Trans-Tasman mutual recognition principle is that, subject to this 14
Part, goods produced in or imported into New Zealand, that may lawfully 15
be sold in New Zealand, either generally or in particular circumstances, 16
may, by virtue of this Act, be sold in an Australian jurisdiction either 17
generally or in particular circumstances (as the case may be), without the 18
necessity for compliance with further requirements imposed by or under the 19
law of that jurisdiction as described in section 11. 20
that do not need to be complied with 21
Requirements
11. The further requirements referred to in section 10 are any one or 22
more of the following requirements relating to sale that are imposed by or 23
s 12 17 s 12
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
under the law of the Australian jurisdiction concerned-- 1
(a) a requirement that the goods satisfy standards of the jurisdiction 2
relating to the goods themselves, including for example 3
requirements relating to their production, composition, quality or 4
performance; 5
(b) a requirement that the goods satisfy standards of the jurisdiction 6
relating to the way the goods are presented, including for example 7
requirements relating to their packaging, labelling, date stamping 8
or age; 9
(c) a requirement that the goods be inspected, passed or similarly 10
dealt with in or for the purposes of the jurisdiction; 11
(d) a requirement that any step in the production of the goods not 12
occur outside the jurisdiction; 13
(e) any other requirement relating to sale that would prevent or 14
restrict, or would have the effect of preventing or restricting, the 15
sale of the goods in the jurisdiction. 16
that do need to be complied with 17
Requirements
12.(1) The Trans-Tasman mutual recognition principle is subject to the 18
exceptions specified in this section. 19
(2) The first exception is that the principle does not affect the operation of 20
any laws of an Australian jurisdiction that regulate the manner of the sale of 21
goods in the jurisdiction or the manner in which sellers conduct or are 22
required to conduct their business in the jurisdiction (including laws set out 23
in the examples below), so long as those laws apply equally to goods 24
produced in or imported into the jurisdiction. 25
Examples: Laws relating to the following-- 26
(a) the contractual aspects of the sale of goods; 27
(b) the registration of sellers or other persons carrying on 28
occupations; 29
(c) the requirement for business franchise licences; 30
s 13 18 s 13
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(d) the persons to whom goods may or may not be sold; 1
(e) the circumstances in which goods may or may not be sold. 2
(3) The second exception is that the principle does not affect the operation 3
of any laws of an Australian jurisdiction regarding the transportation, 4
storage or handling of goods within the jurisdiction, so long as-- 5
(a) those laws apply equally to goods produced in or imported into 6
the jurisdiction; and 7
(b) those laws are directed at matters affecting health and safety of 8
persons in the jurisdiction or at preventing, minimising or 9
regulating environmental pollution (including air, water, noise or 10
soil pollution) in the jurisdiction. 11
(4) The third exception is that the principle does not affect the operation 12
of any laws of an Australian jurisdiction regarding the inspection of goods 13
within the jurisdiction, so long as-- 14
(a) inspection or the requirement for inspection is not a prerequisite 15
to the sale of the goods in the jurisdiction; and 16
(b) those laws apply equally to goods produced in or imported into 17
the jurisdiction; and 18
(c) those laws are directed at matters affecting the health and safety of 19
persons in the jurisdiction or at preventing, minimising or 20
regulating environmental pollution (including air, water, noise or 21
soil pollution) in the jurisdiction. 22
to offences regarding sale 23
Defences
13.(1) It is a defence to a prosecution for an offence against a law of an 24
Australian jurisdiction in relation to the sale of any goods if the defendant 25
expressly claims that the Trans-Tasman mutual recognition principle applies 26
and establishes that-- 27
(a) the goods were labelled at the point of sale with a statement to the 28
effect that the goods were produced in or imported into New 29
Zealand; and 30
s 14 19 s 15
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(b) the defendant had no reasonable grounds for suspecting that they 1
were not so produced or imported. 2
(2) The defence is not available if the prosecution proves that the 3
Trans-Tasman mutual recognition principle did not apply in the 4
circumstances of the alleged offence (because for example the goods did not 5
comply with requirements imposed by the law of New Zealand). 6
(3) Any relevant presumptions or evidentiary procedures under the law 7
of New Zealand are available to the prosecution or defendant in relation to 8
matters sought to be proved by the prosecution under subsection (2). 9
(4) Any relevant defences under the law of New Zealand are available to 10
the defendant in relation to matters sought to be proved by the prosecution 11
under subsection (2). 12
(5) This section does not affect any defence that is available apart from 13
this section. 14
that comply with local law 15
Goods
14. Nothing in this Part prevents goods from being sold in an Australian 16
jurisdiction if (apart from this Act) they comply with the relevant 17
requirements of the law in force in the jurisdiction. 18
PART 3--OCCUPATIONS 19
1--Preliminary 20
Division
mutual recognition principle 21
Trans-Tasman
15.(1) The Trans-Tasman mutual recognition principle as applying to 22
occupations is as set out in this Part. 23
(2) This Part deals with the ability of a person who is registered in 24
s 16 20 s 17
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
connection with an occupation in New Zealand to carry on an equivalent 1
occupation in Australia. 2
to carry on occupation 3
Entitlement
16.(1) The Trans-Tasman mutual recognition principle is that, subject to 4
this Part, a person who is registered in New Zealand for an occupation is, 5
by virtue of this Act, entitled after notifying the local registration authority 6
of an Australian jurisdiction for the equivalent occupation-- 7
(a) to be registered in the jurisdiction for the equivalent occupation; 8
and 9
(b) pending such registration, to carry on the equivalent occupation in 10
the jurisdiction. 11
(2) However, the Trans-Tasman mutual recognition principle is subject 12
to the exception that it does not affect the operation of laws that regulate the 13
manner of carrying on an occupation in an Australian jurisdiction, so long 14
as those laws-- 15
(a) apply equally to all persons carrying on or seeking to carry on the 16
occupation under the law of the jurisdiction; and 17
(b) are not based on the attainment or possession of some 18
qualification or experience relating to fitness to carry on the 19
occupation. 20
of this Part 21
Application
17.(1) This Part applies to individuals and occupations carried on by 22
them. 23
(2) This Part extends to an occupation carried on by an individual, where 24
the individual is subject to more than one system of registration or more 25
than one local registration authority in a participating jurisdiction, and 26
accordingly this Part applies in relation to each such system of registration 27
and each such authority. 28
(3) Without limiting subsection (2), an example of such an occupation is 29
s 18 21 s 18
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
that of a legal practitioner, which involves both the admission as a legal 1
practitioner by a court and the issue of a practising certificate by another 2
body. 3
Division 2--Entitlement to registration 4
to local registration authority 5
Notification
18.(1) A person who is registered in New Zealand for an occupation 6
may lodge a written notice with the local registration authority of an 7
Australian jurisdiction for the equivalent occupation, seeking registration for 8
the equivalent occupation in accordance with the Trans-Tasman mutual 9
recognition principle. 10
(2) The notice must-- 11
(a) state that the person is registered for the occupation in New 12
Zealand; and 13
(b) state the occupation for which registration is sought and that it is 14
being sought in accordance with the Trans-Tasman mutual 15
recognition principle; and 16
(c) specify all the participating jurisdictions in which the person has 17
substantive registration for equivalent occupations; and 18
(d) state that the person is not the subject of disciplinary proceedings 19
in any participating jurisdiction (including any preliminary 20
investigations or action that might lead to disciplinary 21
proceedings) in relation to those occupations; and 22
(e) state that the person's registration in any participating jurisdiction 23
is not cancelled or currently suspended as a result of disciplinary 24
action; and 25
(f) state that the person is not otherwise personally prohibited from 26
carrying on any such occupation in any participating jurisdiction, 27
and is not subject to any special conditions in carrying on that 28
occupation, as a result of criminal, civil or disciplinary 29
s 19 22 s 19
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
proceedings in any participating jurisdiction; and 1
(g) specify any special conditions to which the person is subject in 2
carrying on any such occupation in any participating jurisdiction; 3
and 4
(h) give consent to the making of inquiries of, and the exchange of 5
information with, the authorities of any participating jurisdiction 6
regarding the person's activities in the relevant occupation or 7
occupations or otherwise regarding matters relevant to the notice. 8
(3) The notice must be accompanied by a document that is either the 9
original or a copy of the instrument evidencing the person's existing 10
registration (or, if there is no such instrument, by sufficient information to 11
identify the person and the person's registration). 12
(4) As regards the instrument evidencing the person's existing 13
registration, the person must certify in the notice that the accompanying 14
document is the original or a complete and accurate copy of the original. 15
(5) The statements and other information in the notice must be verified 16
by statutory declaration. 17
(6) The local registration authority may permit the notice to be amended 18
after it is lodged. 19
to registration and continued registration 20
Entitlement
19.(1) A person who lodges a notice under section 18 with a local 21
registration authority of an Australian jurisdiction is entitled to be registered 22
in the equivalent occupation, as if the law of the jurisdiction that deals with 23
registration expressly provided that registration in New Zealand is a 24
sufficient ground of entitlement to registration. 25
(2) The local registration authority may grant registration on that ground 26
and may grant renewals of such registration. 27
(3) Once a person is registered on that ground, the entitlement to 28
registration continues, whether or not registration (including any renewal of 29
registration) ceases in New Zealand. 30
s 20 23 s 20
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
(4) Continuance of registration is otherwise subject to the laws of the 1
jurisdiction, to the extent to which those laws-- 2
(a) apply equally to all persons carrying on or seeking to carry on the 3
occupation under the law of the jurisdiction; and 4
(b) are not based on the attainment or possession of some 5
qualification or experience relating to fitness to carry on the 6
occupation. 7
(5) The local registration authority may impose conditions on 8
registration, but may not impose conditions that are more onerous than 9
would be imposed in similar circumstances (having regard to relevant 10
qualifications and experience) if it were registration effected apart from this 11
Part, unless they are conditions that apply to the person's registration in 12
New Zealand or that are necessary to achieve equivalence of occupations. 13
(6) This section has effect subject to this Part. 14
following notice 15
Action
20.(1) Registration must be granted within one month after the notice is 16
lodged with the local registration authority under section 18. 17
(2) When granted, registration takes effect as from the date the notice 18
was lodged. 19
(3) However, the local registration authority may, subject to this Part and 20
within one month after the notice was lodged, postpone or refuse the grant 21
of registration. 22
(4) If the local registration authority neither grants the registration nor 23
takes action under subsection (3) within the period of one month after the 24
notice is lodged, the person is entitled to registration immediately at the end 25
of that period and no objection may be taken to the notice on any of the 26
grounds on which refusal or postponement may be effected, except where 27
fraud is involved. 28
s 21 24 s 22
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
of registration 1
Postponement
21.(1) A local registration authority may postpone the grant of 2
registration, if-- 3
(a) any of the statements or information in the notice as required by 4
section 18 are materially false or misleading; or 5
(b) any document or information as required by section 18(3) has not 6
been provided or is materially false or misleading; or 7
(c) the circumstances of the person lodging the notice have materially 8
changed since the date of the notice or the date it was lodged; or 9
(d) the authority decides that the occupation in which registration is 10
sought is not an equivalent occupation. 11
(2) If the grant of registration has been postponed, the local registration 12
authority may in due course grant or refuse the registration. 13
(3) The local registration authority may not postpone the grant of 14
registration for longer than a period of 6 months, and the person is entitled 15
to registration immediately, at the end of that period, unless registration was 16
refused at or before the end of that period. 17
(4) Nothing in subsection (3) prevents earlier registration from being 18
granted on a review by the Australian Tribunal. 19
of registration 20
Refusal
22.(1) A local registration authority may refuse the grant of registration, 21
if-- 22
(a) any of the statements or information in the notice as required by 23
section 18 are materially false or misleading; or 24
(b) any document or information as required by section 18(3) has not 25
been provided or is materially false or misleading; or 26
(c) the authority decides that the occupation in which registration is 27
sought is not an equivalent occupation and equivalence cannot be 28
achieved by the imposition of conditions. 29
s 23 25 s 25
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
(2) A decision to refuse to grant registration on the ground that the 1
occupation in which registration is sought is not an equivalent occupation 2
takes effect at the end of a specified period (not less than 2 weeks) after the 3
person is notified of the decision, unless it has been previously revoked or 4
there is an application for review to the Australian Tribunal, in which case 5
the Tribunal may make whatever orders it considers appropriate. 6
of decision 7
Notification
23. A local registration authority must give the person who lodges a 8
notice in accordance with section 18 a notice in writing of its decision to 9
grant registration, or to postpone or refuse the grant of registration, or to 10
impose conditions on registration. 11
Division 3--Interim arrangements 12
registration 13
Deemed
24.(1) A person who lodges a notice under section 18 with a local 14
registration authority of an Australian jurisdiction is, pending the grant or 15
refusal of registration, taken to be registered as provided in section 19. 16
(2) Such registration is called deemed registration in this Act. 17
(3) Deemed registration in one Australian jurisdiction does not of itself 18
provide a basis for registration in another Australian jurisdiction. 19
of deemed registration 20
Duration
25.(1) A person's deemed registration in an Australian jurisdiction 21
continues until it is cancelled or suspended or otherwise ceases in 22
accordance with this Part. 23
(2) A person's deemed registration in an Australian jurisdiction ceases if 24
the person becomes substantively registered in the jurisdiction in connection 25
with the occupation concerned. 26
s 26 26 s 26
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(3) A person's deemed registration in an Australian jurisdiction ceases if 1
the local registration authority of the jurisdiction refuses to grant 2
registration, subject to any determination of the Australian Tribunal. 3
(4) A person's deemed registration in an Australian jurisdiction ceases if 4
the person ceases to be substantively registered in every other participating 5
jurisdiction mentioned in the notice as required by section 18(2)(c). 6
(5) A local registration authority of an Australian jurisdiction may cancel 7
a person's deemed registration in the jurisdiction if the person requests 8
cancellation. 9
(6) Deemed registration is not affected by postponement of the grant of 10
substantive registration. 11
under deemed registration 12
Activities
26.(1) A person who has deemed registration in an Australian 13
jurisdiction may carry on the occupation in the jurisdiction as if the deemed 14
registration were substantive registration in the jurisdiction. 15
(2) However, the person may do so only-- 16
(a) within the limits conferred by the person's substantive 17
registration in New Zealand; and 18
(b) within the limits conferred by the person's deemed registration in 19
the Australian jurisdiction; and 20
(c) subject to any conditions or undertakings applying to the person's 21
registration in New Zealand, unless waived by the local 22
registration authority of the Australian jurisdiction under this 23
section; and 24
(d) subject to any conditions applying to the person's deemed 25
registration. 26
(3) Without limiting anything in this Division-- 27
(a) the person may not carry on the occupation in the Australian 28
jurisdiction without complying with any requirements regarding 29
insurance, fidelity funds, trust accounts and the like that are 30
s 27 27 s 28
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
designed to protect the public, clients, customers or others; and 1
(b) a person who has deemed registration in an occupation in the 2
Australian jurisdiction is subject to any disciplinary provisions 3
and arrangements that are applicable to persons who are 4
substantively registered in the jurisdiction; and 5
(c) references in the law of the Australian jurisdiction to persons 6
registered in an occupation under the law of the jurisdiction 7
(however expressed) extend to persons who have deemed 8
registration for the occupation under this Act. 9
(4) However, the local registration authority of the Australian jurisdiction 10
may waive any condition imposed under the law of New Zealand, or any 11
undertaking given to the local registration authority of New Zealand, if it 12
thinks it appropriate in the circumstances. 13
(5) The local registration authority of the Australian jurisdiction may 14
impose conditions as if deemed registration were substantive registration, 15
but it must not impose conditions that are more onerous than would be 16
imposed in similar circumstances (having regard to relevant qualifications 17
and experience) if it were registration effected apart from this Part, unless 18
they correspond to conditions or undertakings that apply to the person's 19
registration in New Zealand or that are necessary to achieve equivalence of 20
occupations. 21
Division 4--Equivalent occupations 22
occupations 23
Equivalent
27. The equivalence of occupations carried on in different participating 24
jurisdictions is, for the purposes of this Act, to be determined in accordance 25
with this Part. 26
principle 27
General
28.(1) An occupation for which persons may be registered in New 28
Zealand is taken to be equivalent to an occupation for which persons may 29
s 29 28 s 30
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
be registered in an Australian jurisdiction if the activities authorised to be 1
carried out under each registration are substantially the same (whether or not 2
this result is achieved by means of the imposition of conditions). 3
(2) Conditions may be imposed on registration under this Part so as to 4
achieve equivalence between occupations in different participating 5
jurisdictions. 6
(3) This section has effect subject to any relevant declarations in force 7
under this Division. 8
as to equivalent occupations 9
Declarations
29.(1) This Part is to be given effect in accordance with relevant 10
declarations (if any) made under this Division regarding equivalent 11
occupations. 12
(2) If a declaration made by the Australian Tribunal under section 30 and 13
a declaration made by Ministers under section 31 are inconsistent, the 14
ministerial declaration prevails. 15
(3) A declaration under this Part does not affect the registration of any 16
person already registered (except in the case of a declaration made by the 17
Australian Tribunal in relation to that person specifically). 18
by Australian Tribunal 19
Declarations
30.(1) On a review, the Australian Tribunal may make an order that a 20
person who is registered in a particular occupation in New Zealand is or is 21
not entitled to registration in an Australian jurisdiction in a particular 22
occupation, and may specify or describe conditions that will achieve 23
equivalence. 24
(2) On a review, the Australian Tribunal may make a declaration that 25
occupations carried on in New Zealand and an Australian jurisdiction are 26
not equivalent, but only if the Australian Tribunal is satisfied that-- 27
(a) the activities involved in the occupations are not substantially the 28
same (even with the imposition of conditions); or 29
s 31 29 s 31
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(b) registration in New Zealand should not entitle registered persons 1
to carry on a particular activity or class of activity in an Australian 2
jurisdiction, where-- 3
(i) the activity or class of activity is a material part of the 4
practice of a person registered in New Zealand for the 5
occupation; and 6
(ii) the activity or class of activity, if carried out by a person not 7
conforming to the appropriate standards, could reasonably 8
be expected to expose persons in the Australian jurisdiction 9
to a real threat to their health or safety or could reasonably be 10
expected to cause significant environmental pollution 11
(including air, water, noise or soil pollution); and 12
(iii) it is not practicable to protect the health or safety of such 13
persons from that threat or the environment from such 14
pollution by regulating the manner in which services in the 15
occupation are provided. 16
(3) The Registrar or other proper officer of the Australian Tribunal must 17
cause a notice setting out the terms of a declaration under this section to be 18
promptly published in the Commonwealth of Australia Gazette. 19
(4) A declaration made on the basis of paragraph (2)(b) has effect for no 20
longer than 12 months, and the local registration authority must promptly 21
notify appropriate authorities in each other participating jurisdiction of the 22
declaration. 23
(5) The local registration authority is to give effect to the decision on the 24
review, and must thereafter act in conformity with the decision in relation to 25
other persons seeking registration. 26
by Ministers 27
Declarations
31.(1) A Minister from New Zealand and a Minister from each of one or 28
more Australian jurisdictions may jointly declare, by notice in the 29
Commonwealth of Australia Gazette, that specified occupations are 30
equivalent, and may specify or describe conditions that will achieve 31
equivalence. 32
s 32 30 s 33
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(2) The declaration may be amended or rescinded in the same way. 1
(3) The declaration has effect only in relation to the participating 2
jurisdictions concerned. 3
(4) The appropriate local registration authority is to give effect to the 4
declaration. 5
5--General provisions 6
Division
action 7
Disciplinary
32.(1) If a person's registration in an occupation in New Zealand-- 8
(a) is cancelled or suspended; or 9
(b) is subject to a condition; 10
on disciplinary grounds, or as a result of or in anticipation of criminal, civil 11
or disciplinary proceedings, then the person's registration in the equivalent 12
occupation in an Australian jurisdiction is affected in the same way. 13
(2) However, the local registration authority of the Australian jurisdiction 14
may reinstate any cancelled or suspended registration or waive any such 15
condition if it thinks it appropriate in the circumstances. 16
(3) This section extends to registration effected apart from this Act. 17
(4) This section has effect despite any other provisions of this Part. 18
of decisions 19
Review
33.(1) Subject to the Administrative Appeals Tribunal Act 1975, 20
application may be made to the Australian Tribunal for review of a decision 21
of a local registration authority of an Australian jurisdiction in relation to its 22
functions under this Act. 23
(2) In subsection (1)-- 24
"decision" has the same meaning as in the Administrative Appeals 25
Tribunal Act 1975. 26
s 34 31 s 35
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(3) If a local registration authority gives a person written notice of the 1
making of a decision referred to in subsection (1), the notice must include a 2
statement to the effect that-- 3
(a) subject to the Administrative Appeals Tribunal Act 1975, 4
application for review of the decision may be made to the 5
Australian Tribunal by a person whose interests are affected by 6
the decision; and 7
(b) except where subsection 28(4) of that Act applies, application 8
may be made in accordance with section 28 of that Act by or on 9
behalf of that person for a statement in writing setting out the 10
findings on material questions of fact, referring to the evidence or 11
other material on which those findings were based, and giving the 12
reasons for the decision. 13
(4) Any failure to comply with a requirement of subsection (3) does not 14
affect the validity of the decision. 15
osts 16
C
34. The Australian Tribunal may order a party in proceedings before it to 17
pay costs if the party has acted unreasonably. 18
with and membership of Trans-Tasman Occupations 19
Co-operation
Tribunal (NZ) 20
35.(1) The purpose of this section is to promote consistency between 21
decisions made by the Australian Tribunal for the purposes of this Act and 22
decisions made by the New Zealand Tribunal for the purposes of the New 23
Zealand Act. 24
(2) In making decisions for the purposes of this Act, the Australian 25
Tribunal is to have regard to decisions of the New Zealand Tribunal. 26
(3) For the purposes of a review of a decision referred to in 27
subsection 33(1) of this Act, the President of the Australian Tribunal may, 28
in the exercise of the power under paragraph 20(1A)(b) of the 29
Administrative Appeals Tribunal Act 1975, direct that the persons who are 30
s 36 32 s 37
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
to constitute the Australian Tribunal for the purposes of that review 1
include-- 2
(a) the Chairperson of the New Zealand Tribunal; or 3
(b) a person included on the panel maintained under the New Zealand 4
Act who is nominated by the Chairperson of the New Zealand 5
Tribunal for the purposes of that review. 6
(4) The President of the Australian Tribunal must exercise the power 7
given by subsection (3) in accordance with arrangements made from time 8
to time between the President and the Chairperson of the New Zealand 9
Tribunal. 10
(5) A reference in Part III, IIIA, IV or VI of the Administrative Appeals 11
Tribunal Act 1975 to a member includes a reference to a person included in 12
a direction under subsection (3). 13
(6) In spite of anything in any other Act, the Chairperson of the New 14
Zealand Tribunal, or a person included on the panel maintained under the 15
New Zealand Act, is not entitled to remuneration or allowances in respect of 16
service as a member of the Australian Tribunal as permitted by this Act. 17
(7) Service by a member of the Australian Tribunal on the New Zealand 18
Tribunal under the New Zealand Act is taken for all purposes of Australian 19
law to be service as a member of the Australian Tribunal. 20
or domicile 21
Residence
36. Residence or domicile in a particular participating jurisdiction is not 22
to be a prerequisite for or a factor in entitlement to the grant, renewal or 23
continuation of registration arising under this Part. 24
information 25
Furnishing
37.(1) A local registration authority of an Australian jurisdiction must 26
furnish without delay any information reasonably required by a local 27
registration authority of another participating jurisdiction about a person 28
substantively registered under a law of the Australian jurisdiction. 29
s 38 33 s 39
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(2) The obligation imposed under this section does not apply unless the 1
authority of the other participating jurisdiction notifies the authority of the 2
firstmentioned jurisdiction that the information is required in connection 3
with-- 4
(a) a notice lodged by a person seeking registration; or 5
(b) a person's deemed registration; or 6
(c) actual or possible disciplinary action against the person. 7
(3) The authority of the firstmentioned jurisdiction is empowered to 8
provide the information, despite any law relating to secrecy, confidentiality 9
or privacy. 10
(4) Nothing in this section affects any obligation or power to provide 11
information apart from this section. 12
information 13
Receiving
38. If a local registration authority of an Australian jurisdiction receives 14
information under section 37 of this Act or the corresponding provision of 15
the New Zealand Act, the information is subject to any law relating to 16
secrecy, confidentiality or privacy that would apply if the information were 17
provided under the law of the jurisdiction under which the authority is 18
constituted or exercises its functions. 19
responsibilities of local registration authorities 20
General
39.(1) It is the duty of each local registration authority of an Australian 21
jurisdiction to facilitate the operation of this Part in relation to the 22
occupations for which the authority is responsible, and in particular to make 23
use of the power to impose conditions in such a way as to promote the 24
Trans-Tasman mutual recognition principle. 25
(2) It is the duty of each local registration authority of an Australian 26
jurisdiction to prepare and make available guidelines and information 27
regarding the operation of this Part in relation to the occupations for which 28
the authority is responsible. 29
s 40 34 s 41
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
(3) The first such guidelines and information are to be available within 1
6 months after the commencement of this section. 2
(4) In dealing with information obtained or to be obtained under this Act, 3
a local registration authority of an Australian jurisdiction must have regard 4
to the principles relating to information privacy set out in Schedule 5. 5
(5) Nothing in subsection (4) or in Schedule 5-- 6
(a) affects the operation or validity of any decision or other action 7
taken under this Act; or 8
(b) gives rise to, or can be taken into account in, any civil cause of 9
action; or 10
(c) creates rights or duties that are enforceable in judicial or other 11
proceedings. 12
13
Fees
40.(1) A local registration authority of an Australian jurisdiction has 14
power to impose fees in relation to substantive or deemed registration or the 15
continuance of registration arising under this Part, but any such fees may 16
not be greater than are applicable for registration apart from this Part. 17
(2) Nothing in this section prevents the fixing or prescribing of fees 18
referred to in this section under any other law of an Australian jurisdiction, 19
but the fees may not be greater than can be imposed under this section. 20
(3) The local registration authority may impose a condition on 21
substantive or deemed registration arising under this Part to the effect that a 22
person may not carry out activities under registration unless a fee or other 23
payment has been paid, but such a condition may not be imposed unless it 24
corresponds to a requirement attaching to registration apart from this Part. 25
(4) This section does not authorise the imposition of a tax. 26
requiring personal attendance 27
Formalities
41.(1) Neither substantive or deemed registration, nor entitlement to 28
registration, under this Part requires compliance with any statutory or other 29
s 42 35 s 44
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
formalities requiring personal attendance in the Australian jurisdiction 1
concerned. 2
(2) This section applies to formalities that would otherwise have to be 3
complied with before, at or after registration. 4
5
Saving
42. Nothing in this Part prevents a person from seeking registration or 6
being registered for an occupation under a law apart from this Part. 7
PART 4--EXCLUSIONS AND EXEMPTIONS 8
to endorsing a proposed regulation 9
References
43.(1) For the purposes of this Part, a jurisdiction endorses a regulation if 10
the designated person for the jurisdiction publishes a notice in the official 11
gazette of the jurisdiction setting out and endorsing the terms of the 12
regulation before it is made. 13
(2) However, the making of a recommendation by a Minister to the 14
Governor-General for the making of a regulation amounts to endorsement 15
of the regulation by the Commonwealth, and the Commonwealth is taken to 16
have endorsed the regulation for the purposes of this Part if the regulation is 17
in fact made. 18
19
Exclusions
44.(1) This Act does not affect laws of an Australian jurisdiction 20
specified or described in Schedule 1, to the extent that Schedule 1 indicates 21
that they are excluded from the operation of this Act. 22
(2) The Governor-General may make regulations amending Schedule 1. 23
(3) A regulation may not be made for the purposes of this section unless 24
s 45 36 s 45
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
all of the then participating jurisdictions have endorsed the regulation. 1
(4) However-- 2
(a) if such a regulation merely omits or reduces the extent of an 3
exclusion of a law of a State from Schedule 1, the regulation may 4
be made if the State has endorsed the regulation; or 5
(b) if such a regulation amends Part 2 of Schedule 1 by substituting 6
or adding a law of a State that relates to a matter referred to in 7
paragraph (a), (b), (c) or (d) of subclause 1(1) of Part 1 of that 8
Schedule, the regulation may be made if the State has endorsed 9
the regulation. 10
exemptions 11
Permanent
45.(1) This Act does not affect the operation of laws of an Australian 12
jurisdiction specified or described in Schedule 2, to the extent that 13
Schedule 2 indicates that they are exempt from the operation of this Act. 14
(2) Such an exemption may be limited or unlimited in its application. If a 15
law is specified or described in Schedule 2 without any limitation, it is taken 16
to be wholly exempt from the operation of this Act. 17
(3) The Governor-General may make regulations amending Schedule 2. 18
(4) A regulation may not be made for the purposes of this section unless 19
all of the then participating jurisdictions have endorsed the regulation. 20
(5) However-- 21
(a) if such a regulation relates solely to one or more laws specified or 22
described in Schedule 3 and will not take effect within 5 years 23
after the commencement of section 48, the regulation may be 24
made if at least two-thirds of the then participating jurisdictions 25
have endorsed the regulation; or 26
(b) if such a regulation merely omits or reduces the extent of an 27
exemption of a law of a State from Schedule 2, the regulation 28
may be made if the State has endorsed the regulation. 29
s 46 37 s 47
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
exemptions 1
Temporary
46.(1) This Act does not-- 2
(a) apply to the sale in an Australian jurisdiction of exempt goods; or 3
(b) affect the operation of exempt laws of an Australian jurisdiction 4
relating to a particular kind of goods. 5
(2) For the purposes of this section, goods or laws are exempt if the 6
goods are of a kind, or the laws are, for the time being declared by or under 7
an Act or regulation of the jurisdiction to be exempt from the operation of 8
this Act. 9
(3) Any such exemptions have effect only if they are substantially for the 10
purpose of protecting the health and safety of persons in the jurisdiction or 11
preventing, minimising or regulating environmental pollution (including air, 12
water, noise or soil pollution) in the jurisdiction. 13
(4) No such exemption operates (together with the period of any 14
previous exemption) for longer than a period of 12 months or an aggregate 15
period of 12 months. 16
of temporary exemptions to enable implementation of 17
Continuation
ministerial agreements 18
47.(1) The purpose of this section is to create a mechanism to provide an 19
additional period not exceeding 12 months for legislative or other action to 20
be taken to implement a ministerial agreement arising out of consideration 21
of an exemption under section 46. However, this subsection does not 22
provide grounds for invalidating any regulations made for the purposes of 23
this section. 24
(2) This Act does not-- 25
(a) apply to the sale in an Australian jurisdiction of exempt goods; or 26
(b) affect the operation of exempt laws of an Australian jurisdiction 27
relating to a particular kind of goods. 28
(3) For the purposes of this section, goods or laws are exempt if the 29
goods are of a kind, or the laws are, for the time being declared by 30
s 47 38 s 47
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
regulations under this Act to be exempt from the operation of this Act. 1
(4) The Governor-General may make regulations for the purposes of this 2
section, but any such regulations may be made only if they have the effect 3
of continuing or reviving, wholly or partly, and with or without 4
modification, the effect of an exemption under section 46. 5
(5) Such a modification may only-- 6
(a) in the case of an exemption relating to goods-- 7
(i) limit the circumstances in which the goods are exempt; or 8
(ii) provide that the exemption does not apply if certain 9
standards or conditions are complied with in relation to the 10
goods; or 11
(b) in the case of an exemption relating to a law-- 12
(i) modify the operation of the law while the exemption 13
operates; or 14
(ii) provide that the exemption does not apply in relation to 15
particular goods if certain standards or conditions are 16
complied with in relation to the goods. 17
(6) The regulations may discontinue any exemption under this section. 18
(7) A regulation may not be made for the purposes of this section unless 19
at least two-thirds of the then participating jurisdictions have endorsed the 20
regulation. 21
(8) No exemption under this section operates (together with the period of 22
any previous such exemption) for longer than a period of 12 months or an 23
aggregate period of 12 months after the corresponding exemption under 24
section 46 ceases to operate. 25
(9) In this section-- 26
"ministerial agreement" means an agreement of Ministers of participating 27
jurisdictions made in relation to goods or laws that are the subject of an 28
exemption under section 46. 29
s 48 39 s 49
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
exemptions 1
Special
48.(1) This Act does not affect the operation of laws of an Australian 2
jurisdiction that relate to goods and that are specified or described in 3
Schedule 3, to the extent that Schedule 3 indicates that they are exempt from 4
the operation of this Act. 5
(2) Such an exemption operates for no longer than a period of 12 months 6
after the commencement of this section, but may be extended in whole or in 7
part by the regulations from time to time by one or more further periods 8
each not exceeding 12 months. 9
(3) A regulation may not be made for the purposes of subsection (2) if 10
the exemption has expired or has otherwise ceased to be in force. 11
(4) The Governor-General may make regulations amending Schedule 3 12
for the purposes of subsection (2) or (6). 13
(5) A regulation may not be made for the purposes of this section unless 14
at least two-thirds of the then participating jurisdictions have endorsed the 15
regulation. 16
(6) However, if such a regulation merely omits any matter relating to an 17
exemption that has expired or has otherwise ceased to be in force, the 18
regulation may be made if the Commonwealth has endorsed the regulation. 19
relating to occupations 20
Exemptions
49.(1) This Act does not affect the operation of laws of an Australian 21
jurisdiction that relate to occupations and that are specified or described in 22
Schedule 4, to the extent that Schedule 4 indicates that they are exempt from 23
the operation of this Act. 24
(2) The Governor-General may make regulations amending Schedule 4. 25
(3) A regulation may not be made for the purposes of this section unless 26
all of the then participating jurisdictions have endorsed the regulation. 27
(4) However, if such a regulation amends Schedule 4 by omitting a law 28
of a State, the regulation may be made if the State has endorsed the 29
regulation. 30
s 50 40 s 52
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
PART 5--GENERAL 1
to participating jurisdictions 2
References
50. For the purposes of this Act, a participating jurisdiction is-- 3
(a) New Zealand, while there is in force an Act of its Parliament that 4
corresponds to this Act; or 5
(b) the Commonwealth; or 6
(c) a State (other than a Territory) for which there is in force an Act 7
of its Parliament that refers to the Parliament of the 8
Commonwealth the power to enact this Act, or that adopts this 9
Act, under paragraph (xxxvii) of section 51 of the 10
Commonwealth Constitution; or 11
(d) a Territory (being the Australian Capital Territory or the Northern 12
Territory) for which there is in force an Act of its legislature that 13
requests the Parliament of the Commonwealth to enact this Act or 14
that enables this Act to apply in relation to it. 15
of Trans-Tasman mutual recognition principle 16
Application
51.(1) The Trans-Tasman mutual recognition principle and the 17
provisions of this Act may be taken into consideration in proceedings of 18
any kind and for any purpose. 19
(2) Nothing in this Act or the Mutual Recognition Act 1992 prevents a 20
person from relying on the Trans-Tasman mutual recognition principle in 21
relation to more than one Australian jurisdiction. 22
provisions regarding limitations etc. 23
Machinery
52. In cases where Part 3 provides that conditions or undertakings that 24
apply or are relevant to registration in New Zealand also apply or are 25
relevant to registration in an Australian jurisdiction, they are to be construed 26
with any necessary adaptations, including the following (where appropriate 27
s 53 41 s 54
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
and so far as practicable)-- 1
(a) references to New Zealand are to be read as references to the 2
Australian jurisdiction; 3
(b) references to officers or authorities of New Zealand are to be read 4
as references to the corresponding officers or authorities of the 5
Australian jurisdiction. 6
place of production 7
Determining
53.(1) For the purpose of determining where goods are produced for the 8
purposes of this Act, goods are taken to be produced in New Zealand if the 9
most recent step in the process of producing the goods (including for 10
example processing, harvesting or packaging the goods) has occurred there. 11
(2) Subsection (1) applies even though-- 12
(a) the process of production may be incomplete; or 13
(b) some steps in the process have not yet been carried out; or 14
(c) some steps in the process were carried out elsewhere; or 15
(d) the goods or a component of the goods were imported into New 16
Zealand. 17
regulations for temporary exemptions 18
Commonwealth
54. Without limiting any other power under any other Act, the 19
Governor-General may make regulations for the purposes mentioned in 20
section 46. 21
22
42
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
CHEDULE 1 1
¡S
EXCLUSIONS 2
section 44 3
PART 1--INTRODUCTION 4
1. Excluded laws 5
(1) The laws specified or described in this Schedule are excluded from 6
the operation of this Act, so far as they relate to-- 7
(a) customs controls and tariffs--but only to the extent that the laws 8
provide for the imposition of tariffs and related measures (for 9
example, anti-dumping and countervailing duties) and the 10
prohibition or restriction of imports; and 11
(b) intellectual property--but only to the extent that the laws provide 12
for the protection of intellectual rights and relate to requirements 13
for the sale of goods set out in section 11; and 14
(c) taxation and business franchises--but only to the extent that the 15
laws relate to taxes imposed on the sale of locally produced and 16
imported goods in a non-discriminatory way, including, for 17
example, wholesale sales tax (Commonwealth) and business 18
franchise and stamp duties (States); and 19
(d) the implementation of international obligations--but only to the 20
extent that the laws implementing those obligations deal with the 21
requirements relating to the sale of goods set out in section 11. 22
(2) The laws specified or described in this Schedule are excluded only to 23
the extent that those laws would be affected by the Trans-Tasman mutual 24
recognition principle as applying to goods. 25
43
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 1 (continued)
PART 2--LAWS 1
2. Customs controls and tariffs (including laws relating to 2
international obligations) 3
Prohibited imports 4
Customs (Prohibited Imports) Regulations of the Commonwealth 5
Commerce (Trade Descriptions) Act 1905 of the Commonwealth 6
Any other laws of the Commonwealth, to the extent that they provide for 7
the prohibition or restriction of imports and would be affected by the 8
Trans-Tasman mutual recognition principle as applying to goods. 9
Tariffs 10
Customs Tariff Act 1995 of the Commonwealth 11
Customs Act 1901 of the Commonwealth, Part XVB 12
Customs Tariff (Anti-Dumping) Act 1975 of the Commonwealth 13
3. Intellectual property (including laws relating to the Paris 14
Convention of 20 March 1983 for the Protection of Industrial 15
Property) 16
Patents Act 1990 of the Commonwealth 17
Trade Marks Act 1995 of the Commonwealth 18
Designs Act 1906 of the Commonwealth 19
Olympic Insignia Protection Act 1987 of the Commonwealth 20
44
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
SCHEDULE 1 (continued)
Scout Association Act 1924 of the Commonwealth 1
Defence (Transitional Provisions) Act 1946 of the Commonwealth 2
Defence Transition (Residual Provisions) Act 1952 of the Commonwealth 3
Plant Breeder's Rights Act 1994 of the Commonwealth 4
Copyright Act 1968 of the Commonwealth 5
Circuit Layouts Act 1989 of the Commonwealth 6
Sydney 2000 Games (Indicia and Images) Protection Act 1996 of the 7
Commonwealth 8
Unauthorised Documents Act 1922 of New South Wales 9
Unauthorized Documents Act 1958 of Victoria 10
Badge, Arms, Floral and other Emblems of Queensland Act 1959 of 11
Queensland 12
Armorial Bearings Protection Act 1979 of Western Australia 13
Unauthorised Documents Act 1916 of South Australia 14
Unauthorized Documents Act 1986 of Tasmania 15
City of Canberra Arms Act 1932 of the Australian Capital Territory 16
Flag and Emblem Act 1985 of the Northern Territory 17
4. Other international obligations 18
Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the 19
Commonwealth, sections 21 and 22, to the extent that they implement the 20
Convention on International Trade in Endangered Species of Wild Fauna 21
and Flora 22
Hazardous Waste (Regulation of Exports and Imports) Act 1989 of the 23
45
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 1 (continued)
Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24-31, 34 and 39, to the 1
extent that they implement the Basel Convention on the Control of 2
Transboundary Movement of Hazardous Wastes and their Disposal 1989 3
The following laws, to the extent that they implement the Charter of the 4
United Nations (as it relates to the imposition of United Nations 5
sanctions)-- 6
Charter of the United Nations Act 1945 of the Commonwealth, section 6 7
Air Navigation Act 1920 of the Commonwealth, section 26 8
Banking Act 1959 of the Commonwealth, section 71 9
Migration Act 1958 of the Commonwealth, subsection 31(3), paragraph 10
116(1)(g) and section 504 11
Customs Act 1901 of the Commonwealth, section 50 12
Protection of Movable Cultural Heritage Act 1986 of the Commonwealth, 13
to the extent that it implements the United Nations Educational, Scientific 14
and Cultural Organisation (UNESCO) Convention Regulating the 15
International Trade in Cultural Property 1970 16
The following laws, to the extent that they implement the European 17
Union-Australia Wine Agreement--Protection of Certain Names and 18
Expressions-- 19
Australian Wine and Brandy Corporation Act 1980 of the Commonwealth, 20
Part VIB and Part VIA (Label Integrity Program) 21
Australian Wine and Brandy Corporation (Exports) Regulations of the 22
Commonwealth, Parts 3 and 4 23
46
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
SCHEDULE 1 (continued)
5. Taxation and business franchises 1
Sales Tax Assessment Act 1992 of the Commonwealth 2
Sales Tax (Exemptions and Classifications) Act 1992 of the 3
Commonwealth 4
Laws of a State imposing or providing for the imposition, assessment or 5
collection of taxation, including stamp duties, and providing for business 6
licences. 7
47
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
CHEDULE 2 1
¡S
PERMANENT EXEMPTIONS 2
section 45 3
The laws specified or described in this Schedule are exempt from the 4
operation of this Act. 5
PART 1--LAWS RELATING TO GOODS--GENERAL 6
1. Quarantine 7
A law of an Australian jurisdiction, including a law relating to quarantine, 8
to the extent that-- 9
(a) the law is enacted or made substantially for the purpose of 10
preventing the entry or spread of any pest, disease, organism, 11
variety, genetic disorder or any other similar thing; and 12
(b) the law authorises the application of quarantine measures that do 13
not amount to an arbitrary or unjustifiable discrimination or to a 14
disguised restriction on trade between Australia and New Zealand 15
and are not inconsistent with the requirements of the Agreement 16
establishing the World Trade Organisation. 17
2. Endangered species 18
A law of an Australian jurisdiction, to the extent that it is enacted or made 19
substantially for the purpose of protecting a species or other class of 20
animals or plants from extinction in the jurisdiction and that it prohibits or 21
48
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
restricts the possession, sale, killing or capture of animals or plants of that 1
species or other class in the jurisdiction. 2
PART 2--LAWS RELATING TO GOODS-- SPECIFIC 3
3. Commonwealth 4
Firearms and other prohibited or offensive weapons 5
Customs (Prohibited Imports) Regulations 6
Fireworks 7
Customs (Prohibited Imports) Regulations 8
Indecent material 9
Classification (Publications, Films and Computer Games) Act 1995 10
Ozone protection 11
Ozone Protection Act 1989 12
Agricultural and veterinary chemicals 13
Agricultural and Veterinary Chemicals Act 1994 14
Agricultural and Veterinary Chemicals Code Act 1994 15
49
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
Other 1
Imported Food Control Act 1992 (to the extent that it deals with risk 2
categorised food commodities) 3
4. New South Wales 4
Firearms and other prohibited or offensive weapons 5
Firearms Act 1996 6
Prohibited Weapons Act 1989 7
Fireworks 8
Dangerous Goods Act 1975 (to the extent that it deals with fireworks) 9
Gaming machines 10
Registered Clubs Act 1976, Parts 10 and 11 11
Liquor Act 1982, Part 11 12
Indecent material 13
Classification (Publications, Films and Computer Games) Enforcement 14
Act 1995 15
Ozone protection 16
Ozone Protection Act 1989 17
50
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
SCHEDULE 2 (continued)
5. Victoria 1
Firearms and other prohibited or offensive weapons 2
Firearms Act 1958 3
Firearms Regulations 1995 4
Control of Weapons Act 1990 5
Control of Weapons Regulations 1990 6
Fireworks 7
Dangerous Goods Act 1985 (to the extent that it deals with fireworks) 8
Dangerous Goods (Explosives) Regulations 1988, Part 8, Division 5 9
Gaming machines 10
Gaming Machine Control Act 1991 11
Indecent material 12
Classification (Publications, Films and Computer Games) (Enforcement) 13
Act 1995 14
Ozone protection 15
Environment Protection Act 1970, sections 16 and 41 (to the extent that 16
they deal with ozone depleting substances) and paragraph 71(1)(gba) 17
51
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
6. Queensland 1
Firearms and other prohibited or offensive weapons 2
Weapons Act 1990 3
Fireworks 4
Explosives Act 1952 (to the extent that it deals with fireworks) 5
Gaming machines 6
Gaming Machine Act 1991 7
Indecent material 8
Classification of Films Act 1991 9
Classification of Publications Act 1991 10
Ozone protection 11
Environmental Protection (Interim) Regulation 1995 under the 12
Environmental Protection Act 1994 (to the extent that it deals with ozone 13
depleting substances) 14
7. Western Australia 15
Firearms and other prohibited or offensive weapons 16
Firearms Act 1973 17
52
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
Fireworks 1
Explosives and Dangerous Goods Act 1961 (to the extent that it deals with 2
fireworks) 3
Gaming machines 4
Gaming Commission Act 1987 5
Indecent material 6
Censorship of Films Act 1947 7
Indecent Publications and Articles Act 1902 8
Video Tapes Classification and Control Act 1987 9
Censorship Act 1996 10
Ozone protection 11
Environmental Protection Act 1986 (to the extent that it deals with ozone 12
protection) 13
8. South Australia 14
Firearms and other prohibited or offensive weapons 15
Firearms Act 1977 16
Firearms Regulations 1993 17
Summary Offences Act 1953, section 15 (to the extent that it deals with 18
firearms) 19
Criminal Law Consolidation Act 1935, sections 32, 47A and 299A 20
53
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
SCHEDULE 2 (continued)
Fireworks 1
Explosives Act 1936 (to the extent that it deals with fireworks) 2
Gaming machines 3
Gaming Machines Act 1992 4
Gaming Machines Regulations 1993 5
Indecent material 6
Classification (Publications, Films and Computer Games) Act 1995 7
Summary Offences Act 1953, sections 33 and 35 8
Ozone protection 9
Environment Protection Act 1993, Part 8, Division 3 10
Other 11
Environment Protection Act 1993, Part 8, Division 2 (dealing with beverage 12
containers) 13
9. Tasmania 14
Firearms and other prohibited or offensive weapons 15
Guns Act 1991 16
Firearms Act 1996 17
54
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
Fireworks 1
Dangerous Goods Act 1976 (to the extent that it deals with fireworks) 2
Gaming machines 3
Gaming Control Act 1993 (to the extent that it deals with gaming machines) 4
Indecent material 5
Classification (Publications, Films and Computer Games) Enforcement 6
Act 1995 7
Ozone protection 8
Environmental Management and Pollution Control Act 1994 (to the extent 9
that it deals with ozone protection) 10
Other 11
Living Marine Resources Management Act 1995 (to the extent that it relates 12
to the possession, sale or capture of abalone, crayfish or scallops of a certain 13
minimum size) 14
10. Australian Capital Territory 15
Firearms and other prohibited or offensive weapons 16
Weapons Act 1991 17
55
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
Fireworks 1
Dangerous Goods Act 1975 of New South Wales in its application to the 2
Australian Capital Territory (to the extent that it deals with fireworks) 3
Gaming machines 4
Gaming Machine Act 1987 5
Indecent material 6
Business Franchise ("X" Videos) Act 1990 7
Classification (Publications, Films and Computer Games) (Enforcement) 8
Act 1995 9
Ozone protection 10
Ozone Protection Act 1991 11
11. Northern Territory 12
Firearms and other prohibited or offensive weapons 13
Firearms Act 1992 14
Fireworks 15
Dangerous Goods Act 1980 (to the extent that it deals with fireworks) 16
Gaming machines 17
Gaming Control Act 1993 18
56
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 2 (continued)
Indecent material 1
Classification of Publications and Films Act 1985 2
Ozone protection 3
Ozone Protection Act 1990 4
5
57
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
CHEDULE 3 1
¡S
SPECIAL EXEMPTIONS 2
section 48 3
The laws specified or described in this Schedule are exempt from the 4
operation of this Act. 5
1. Therapeutic goods 6
Therapeutic Goods Act 1989 of the Commonwealth 7
Therapeutic Goods (Charges) Act 1989 of the Commonwealth 8
The following laws are exempt, to the extent that they deal with packaging 9
and labelling of pharmaceutical drugs and would be affected by Part 2 of 10
this Act-- 11
Poisons and Therapeutic Goods Act 1966 of New South Wales 12
Drugs, Poisons and Controlled Substances Act 1981 of Victoria 13
Therapeutic Goods (Victoria) Act 1994 of Victoria 14
Poisons Regulation 1973 under the Health Act 1937 of Queensland 15
Poisons Act 1964 of Western Australia 16
Controlled Substances Act 1984 of South Australia 17
Poisons Act 1971 of Tasmania 18
58
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 3 (continued)
Poisons and Dangerous Drugs Act 1983 of the Northern Territory 1
Poisons and Drugs Act 1978 of the Australian Capital Territory 2
2. Hazardous substances, industrial chemicals and dangerous goods 3
The following laws, to the extent that they deal with packaging and labelling 4
of hazardous substances, industrial chemicals and dangerous goods and 5
would be affected by Part 2 of this Act-- 6
Poisons and Therapeutic Goods Act 1966 of New South Wales 7
Drugs, Poisons and Controlled Substances Act 1981 of Victoria 8
Poisons Regulation 1973 under the Health Act 1937 of Queensland 9
Controlled Substances Act 1984 of South Australia 10
Poisons Act 1964 of Western Australia 11
Poisons Act 1971 of Tasmania 12
Poisons and Dangerous Drugs Act of the Northern Territory 13
Poisons and Drugs Act 1978 of the Australian Capital Territory 14
The following laws-- 15
Industrial Chemicals (Notification and Assessment) Act 1989 of the 16
Commonwealth 17
Occupational Health and Safety (Commonwealth Employment) Act 1991 of 18
the Commonwealth 19
Occupational Health and Safety (Commonwealth Employment) (National 20
Standards) Regulations of the Commonwealth 21
Road Transport Reform (Dangerous Goods) Act 1995 of the 22
Commonwealth 23
59
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 3 (continued)
Work Health Act 1986 of the Northern Territory 1
Work Health (Occupational Health and Safety) Regulations 1992 of the 2
Northern Territory 3
Dangerous Goods Act 1980 of the Northern Territory 4
Dangerous Goods Regulations 1980 of the Northern Territory 5
Occupational Safety and Health Act 1984 of Western Australia 6
Occupational Safety and Health Regulations 1988 of Western Australia 7
Explosives and Dangerous Goods Act 1961 of Western Australia 8
Dangerous Goods Regulations 1992 of Western Australia 9
Explosives Regulations 1963 of Western Australia 10
Occupational Health and Safety Act 1983 of New South Wales 11
Occupational Health and Safety (Hazardous Substances) Regulation 1996 12
of New South Wales 13
Occupational Health and Safety (Carcinogenic Substances) (Transitional) 14
Regulation 1994 of New South Wales 15
Dangerous Goods Act 1975 of New South Wales 16
Dangerous Goods Regulation 1978 of New South Wales 17
Dangerous Goods (Gas Installations) Regulation 1982 of New South 18
Wales 19
Dangerous Goods Act 1985 of Victoria 20
Dangerous Goods Act 1976 of Tasmania 21
Factories, Shops and Industries Act 1962 of New South Wales 22
Dangerous Substances Act 1979 of South Australia 23
Occupational Health, Safety and Welfare Act 1986 of South Australia 24
Occupational Health, Safety and Welfare Regulations 1995 of South 25
Australia 26
60
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 3 (continued)
Occupational Health and Safety Act 1985 of Victoria 1
Regulations under the Occupational Health and Safety Act 1985 of Victoria 2
Workplace Health and Safety Act 1995 of Queensland 3
Workplace Health and Safety Regulation 1989 of Queensland 4
Workplace Health and Safety Regulation 1995 of Queensland 5
Workplace Health and Safety (Hazardous Substances) Compliance 6
Standard 1995 of Queensland 7
Workplace Health and Safety (Lead) Compliance Standard 1995 of 8
Queensland 9
Workplace Health and Safety Act 1995 of Tasmania 10
Occupational Health and Safety Act 1989 of the Australian Capital Territory 11
Occupational Health and Safety Regulations of the Australian Capital 12
Territory 13
Hazardous Substances Regulations of the Australian Capital Territory 14
Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V 15
Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38 16
Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and 17
61A 18
Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A 19
Trade Standards Act 1979 of South Australia, sections 23, 26A and 33 20
Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R 21
and 23U 22
Fair Trading Act 1987 of Western Australia, sections 50 and 59 23
Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17 24
Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8 25
61
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 3 (continued)
Consumer Affairs and Fair Trading Act 1990 of the Northern Territory, 1
sections 25, 30 and 38 2
Consumer Affairs Act 1973 of the Australian Capital Territory, sections 3
15FBA, 15FCA, 15FB, 15FC and 15FD 4
3. Electromagnetic compatibility and radiocommunications equipment 5
Radiocommunications Act 1992 of the Commonwealth 6
4. Road vehicles 7
Motor Vehicle Standards Act 1989 of the Commonwealth 8
5. Gas appliances 9
Gas Act 1986 of New South Wales 10
Gas Supply Act 1996 of New South Wales 11
Gas and Fuel Corporation Act 1958 of Victoria 12
Gas Industry Act 1994 of Victoria 13
Gas Act 1965 of Queensland 14
Gas Standards Act 1972 of Western Australia, to the extent that it relates to 15
regulation of gas appliances 16
Gas Act 1988 of South Australia 17
Dangerous Goods Act 1976 of Tasmania, to the extent that it relates to 18
regulation of gas appliances 19
62
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 3 (continued)
Dangerous Goods Act 1980 of the Northern Territory, to the extent that it 1
relates to regulation of gas appliances 2
Gas Act 1992 of the Australian Capital Territory, to the extent that it relates 3
to regulation of gas appliances 4
Dangerous Goods Act 1984 of the Australian Capital Territory, to the extent 5
that it relates to regulation of gas appliances 6
63
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
CHEDULE 4 1
¡S
EXEMPT LAWS RELATING TO OCCUPATIONS 2
section 49 3
1. Exempt laws 4
The laws specified or described in this Schedule are exempt from the 5
operation of this Act to the extent indicated. 6
2. Medical practitioners 7
The following laws, to the extent that they deal with the occupation of 8
medical practitioners as referred to in them-- 9
Medical Practice Act 1992 of New South Wales; 10
Medical Practice Act 1994 of Victoria; 11
Medical Act 1939 of Queensland; 12
Medical Act 1894 of Western Australia; 13
Medical Practitioners Act 1983 of South Australia; 14
Medical Practitioners Registration Act 1996 of Tasmania; 15
Medical Practitioners Act 1930 of the Australian Capital Territory; 16
Medical Act 1995 of the Northern Territory. 17
18
64
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
CHEDULE 5 1
¡S
RIVACY OF INFORMATION COLLECTED UNDER 2
P
THE ACT 3
section 39 4
PART 1--INTERPRETATION 5
1. Interpretation 6
In this Schedule-- 7
"consent" means express consent or implied consent. 8
"individual" means a natural person. 9
"individual concerned", in relation to personal information or a record of 10
personal information, means the individual to whom the information 11
relates. 12
"personal information" means information or an opinion (including 13
information or an opinion forming part of a database), whether true or 14
not, and whether recorded in a material form or not, about an 15
individual whose identity is apparent, or can reasonably be ascertained, 16
from the information or opinion. 17
"record" means-- 18
(a) a document; or 19
(b) a database (however kept); or 20
(c) a photograph or other pictorial representation of a person; 21
but does not include-- 22
(d) a generally available publication; or 23
65
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 5 (continued)
(e) anything kept in a library, art gallery or museum for the purposes 1
of reference, study or exhibition; or 2
(f) letters or other articles in the course of transmission by post. 3
"solicit", in relation to personal information, means request a person to 4
provide that information, or a kind of information in which that 5
information is included. 6
"use", in relation to information, does not include mere disclosure of the 7
information, but does include the inclusion of the information in a 8
publication. 9
PART 2--PRINCIPLES 10
2. Solicitation of personal information from individual concerned 11
Where-- 12
(a) a local registration authority collects personal information under 13
this Act; and 14
(b) the information is solicited by the authority from the individuals 15
concerned; 16
the authority must ensure that the forms issued to individuals in connection 17
with collecting the information specify-- 18
(c) the purpose for which the information is being collected; and 19
(d) any person to whom, or any body or agency to which, it is the 20
authority's usual practice to disclose personal information of the 21
kind so collected, and (if known by the authority) any person to 22
whom, or any body or agency to which, it is the usual practice of 23
that first-mentioned person, body or agency to pass on that 24
information. 25
66
Trans-Tasman Mutual Recognition
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ATTACHMENT (continued)
SCHEDULE 5 (continued)
3. Storage and security of personal information 1
A local registration authority who has possession or control of a record 2
that contains personal information must ensure-- 3
(a) that the record is protected, by such security safeguards as it is 4
reasonable in the circumstances to take, against loss, against 5
unauthorised access, use, modification or disclosure, and against 6
other misuse; and 7
(b) that if it is necessary for the record to be given to a person in 8
connection with the provision of a service to the local registration 9
authority, everything reasonably within the power of the authority 10
is done to prevent unauthorised use or disclosure of information 11
contained in the record. 12
4. Limits on use of personal information 13
(1) A local registration authority who has possession or control of a 14
record that contains personal information that was obtained under this Act 15
for a particular purpose must not use the information for any other purpose 16
unless-- 17
(a) the individual concerned has consented to use of the information 18
for that other purpose; or 19
(b) use of the information for that other purpose is required or 20
authorised by or under law; or 21
(c) use of the information for that other purpose is reasonably 22
necessary for enforcement of the criminal law or of a law 23
imposing a pecuniary penalty, or for the protection of the public 24
revenue. 25
(2) Where personal information is used for enforcement of the criminal 26
law or of a law imposing a pecuniary penalty, or for the protection of the 27
public revenue, the local registration authority must include in the record 28
containing that information a note of that use. 29
67
Trans-Tasman Mutual Recognition
(Queensland)
ATTACHMENT (continued)
SCHEDULE 5 (continued)
5. Limits on disclosure for personal information 1
(1) A local registration authority who has possession or control of a 2
record that contains personal information must not disclose the information 3
to a person, body or agency (other than the individual concerned) unless-- 4
(a) the individual concerned is reasonably likely to have been aware, 5
or made aware under the principle set out in clause 2, that 6
information of that kind is usually passed to that person, body or 7
agency; or 8
(b) the individual concerned has consented to the disclosure; or 9
(c) the disclosure is required or authorised by or under law; or 10
(d) the disclosure is reasonably necessary for the enforcement of the 11
criminal law or of a law imposing a pecuniary penalty, or for the 12
protection of the public revenue. 13
(2) Where personal information is disclosed for the purposes of 14
enforcement of the criminal law or of a law imposing a pecuniary penalty, 15
or for the purpose of the protection of the public revenue, the local 16
registration authority must include in the record containing that information 17
a note of the disclosure. 18
(3) A person, body or agency to whom personal information is disclosed 19
under subclause (1) must not use or disclose the information for a purpose 20
other than the purpose for which the information was given to the person, 21
body or agency. 22
23
© State of Queensland 1998
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