South Australian Consolidated Acts South Australian Consolidated ActsThis Act expires at the end of the period for which the Commonwealth Act is
adopted under section 4.
"Appendix—" "Trans-Tasman Mutual Recognition Act 1997
Trans-Tasman Mutual Recognition Act 1997
No. 190, 1997
An Act to provide for the recognition within Australia of regulatory standards
adopted in New Zealand regarding goods and occupations
[ Assented to 7 December 1997 ]
Contents
|
Part 1—Preliminary | |
|
1 |
Short title |
|
2 |
Commencement |
|
3 |
Principal purpose |
|
4 |
Interpretation |
|
5 |
Operation of this Act in relation to the Commonwealth |
|
6 |
Operation of this Act in relation to the States |
|
7 |
Operation of this Act in relation to New Zealand |
|
8 |
Crown bound |
|
Part 2—Goods | |
|
9 |
Trans-Tasman mutual recognition principle |
|
10 | |
|
11 |
Requirements that do not need to be complied with |
|
12 |
Requirements that do need to be complied with |
|
13 |
Defences to offences regarding sale |
|
14 |
Goods that comply with local law |
|
Part 3—Occupations | |
|
Division 1—Preliminary | |
|
15 |
Trans-Tasman mutual recognition principle |
|
16 |
Entitlement to carry on occupation |
|
17 |
Application of this Part |
|
Division 2—Entitlement to registration | |
|
18 |
Notification to local registration authority |
|
19 |
Entitlement to registration and continued registration |
|
20 |
Action following notice |
|
21 |
Postponement of registration |
|
22 |
Refusal of registration |
|
23 |
Notification of decision |
|
Division 3—Interim arrangements | |
|
24 | |
|
25 |
Duration of deemed registration |
|
26 |
Activities under deemed registration |
|
Division 4—Equivalent occupations | |
|
27 | |
|
28 |
General principle |
|
29 |
Declarations as to equivalent occupations |
|
30 |
Declarations by Australian Tribunal |
|
31 |
Declarations by Ministers |
|
Division 5—General provisions | |
|
32 |
Disciplinary action |
|
33 |
Review of decisions |
|
34 |
Costs |
|
35 |
Co-operation with and membership of Trans-Tasman Occupations Tribunal (NZ) |
|
36 |
Residence or domicile |
|
37 |
Furnishing information |
|
38 |
Receiving information |
|
39 |
General responsibilities of local registration authorities |
|
40 |
Fees |
|
41 |
Formalities requiring personal attendance |
|
42 |
Saving |
|
Part 4—Exclusions and exemptions | |
|
43 |
References to endorsing a proposed regulation |
|
44 |
Exclusions |
|
45 |
Permanent exemptions |
|
46 |
Temporary exemptions |
|
47 |
Continuation of temporary exemptions to enable implementation of
ministerial agreements |
|
48 |
Special exemptions |
|
49 |
Exemptions relating to occupations |
|
Part 5—General | |
|
50 |
References to participating jurisdictions |
|
51 |
Application of Trans-Tasman mutual recognition principle |
|
52 |
Machinery provisions regarding limitations etc. |
|
53 |
Determining place of production |
|
54 |
Commonwealth regulations for temporary exemptions |
|
Schedule 1—Exclusions | |
|
Part 1—Introduction | |
|
1 |
Excluded laws |
|
Part 2—Laws | |
|
2 |
Customs controls and tariffs (including laws relating to international
obligations) |
|
3 |
Intellectual property (including laws relating to the Paris Convention of 20
March 1983 for the Protection of Industrial Property) |
|
4 |
Other international obligations |
|
5 |
Taxation and business franchises |
|
Schedule 2—Permanent exemptions | |
|
Part 1—Laws relating to Goods: General | |
|
1 |
Quarantine |
|
2 |
Endangered species |
|
Part 2—Laws relating to Goods: Specific | |
|
3 |
Commonwealth |
|
4 |
New South Wales |
|
5 |
Victoria |
|
6 |
Queensland |
|
7 |
Western Australia |
|
8 |
South Australia |
|
9 |
Tasmania |
|
10 |
Australian Capital Territory |
|
11 |
Northern Territory |
|
Schedule 3—Special exemptions | |
|
1 |
Therapeutic goods |
|
2 |
Hazardous substances, industrial chemicals and dangerous goods |
|
3 |
Electromagnetic compatibility and radiocommunications equipment |
|
4 |
Road vehicles |
|
5 |
Gas appliances |
|
Schedule 4—Exempt laws relating to occupations | |
|
1 |
Exempt laws |
|
2 |
Medical practitioners |
|
Schedule 5—Privacy of information collected under the Act | |
|
Part 1—Interpretation | |
|
1 |
Interpretation |
|
Part 2—Principles | |
|
2 |
Solicitation of personal information from individual concerned |
|
3 |
Storage and security of personal information |
|
4 |
Limits on use of personal information |
|
5 |
Limits on disclosure for personal information |
The Parliament of Australia enacts:
Part 1—Preliminary
This Act may be cited as the Trans-Tasman Mutual Recognition Act 1997 .
(1) This Part
commences on the day on which this Act receives the Royal Assent.
(2) The remaining
provisions of this Act commence on a day or days to be fixed by Proclamation.
(1) The principal
purpose of this Act is to enact legislation authorised by the Parliaments of
States under paragraph (xxxvii) of section 51 of the Commonwealth
Constitution, and requested by the legislatures of the Australian Capital
Territory and the Northern Territory, for the purpose of recognising within
Australia regulatory standards adopted in New Zealand regarding goods and
occupations.
(2) The legislation is
as contemplated by the Trans-Tasman Mutual Recognition Arrangement entered
into on 9 July 1996 between the Commonwealth of Australia, New Zealand, the
States of New South Wales, Victoria, Queensland, Western Australia, South
Australia and Tasmania, the Australian Capital Territory and the Northern
Territory.
(1) In this Act,
unless the contrary intention appears:
"Australia" means Australia in a geographical sense, and does not include the
external territories.
"Australian jurisdiction" means a participating jurisdiction, other than
New Zealand.
"Australian Tribunal" means the Administrative Appeals Tribunal or a successor
to that body.
"conditions", when used in relation to occupations, means conditions,
limitations or restrictions.
"deemed registration" means deemed registration as defined in section 24.
"designated person" means:
(a) for
New Zealand—a Minister of the Crown for New Zealand; or
(b) for
the Commonwealth—the Governor-General of Australia; or
(c) for
a State (other than a Territory)—the Governor of the State or a Minister
of the Crown for the State; or
(d) for
the Australian Capital Territory—the Chief Minister for the Territory;
or
(e) for
the Northern Territory—the Administrator of the Territory.
"equivalent", when used in relation to occupations, has a meaning affected by
Division 4 of Part 3.
"goods" means goods of any kind, and includes:
(a)
animals or plants; or
(b)
material of microbial origin; or
(c) a
package containing goods; or
(d) a
label attached to goods.
"grant", when used in relation to registration, means grant, issue or
otherwise confer registration.
"import" into an Australian jurisdiction means import from outside Australia.
"labelling" of goods includes any means by which, at the point of sale,
information is attached to goods or is displayed in relation to goods without
being attached to them.
"local registration authority" of a participating jurisdiction for an
occupation means the person or authority in the jurisdiction having the
function conferred by legislation of registering persons in connection with
their carrying on that occupation in the jurisdiction.
"New Zealand" has the meaning given by the Acts Interpretation Act 1924
of New Zealand, as in force from time to time.
"New Zealand Act" means the Act of the Parliament of New Zealand (as amended
and in force from time to time) that deals with Trans-Tasman mutual
recognition and corresponds to this Act, and includes any Act replacing that
Act (as amended and in force from time to time).
"New Zealand Tribunal" means the Trans-Tasman Occupations Tribunal of
New Zealand or a successor to that body.
"occupation" means an occupation, trade, profession or calling of any kind
that may be carried on only by registered persons, where registration is
wholly or partly dependent on the attainment or possession of some
qualification (for example, training, education, examination, experience,
character or being fit or proper), and includes a specialisation in any of the
above in which registration may be granted.
"participating jurisdiction" has the meaning given by section 50.
"produce" includes to manufacture, and also includes to harvest or otherwise
produce in the course of any form of primary production.
"registration" includes the licensing, approval, admission, certification
(including by way of practising certificates), or any other form of
authorisation, of a person required by or under legislation for carrying on an
occupation.
"requirements", when used in relation to goods, means requirements,
prohibitions, restrictions or conditions.
"sell" includes sell by wholesale or retail, and includes distribute for sale,
expose or offer for sale or have in possession for sale or agree to sell, and
includes barter, and includes supply by way of exchange, lease, hire or
hire-purchase.
"State" includes the Australian Capital Territory or the Northern Territory.
"substantive registration" means registration under a law of a
participating jurisdiction, but does not include deemed registration.
(2) A law specified or
described in a Schedule to this Act includes (unless otherwise stated in the
Schedule) any relevant regulations or other statutory instruments under that
law.
(3) A law specified or
described in a Schedule to this Act, including any relevant regulations or
other statutory instruments under that law, includes (unless otherwise stated
in the Schedule) any amendment or replacement of that law, but only to the
extent that the effect of the amendment or replacement does not restrict the
scope of this Act.
(4) A reference in
this Act to the designated person is, in relation to a
participating jurisdiction for which there is or can be more than one
designated person, a reference to any one of them.
(5) This Act is to be
interpreted in accordance with the Acts Interpretation Act 1901 as in
force at the date on which this Act receives the Royal Assent.
5—Operation of this Act in relation to the Commonwealth
(1) Subject to this
section:
(a) this
Act has effect despite anything in any other law of the Commonwealth enacted
or made before the commencement of this section; and
(b) any
law of the Commonwealth enacted or made after the commencement of this section
is to be construed as having effect subject to this Act, except where that law
expressly overrides this Act.
(2) Subject to
subsection 51(2), nothing in this Act affects the operation of the Mutual
Recognition Act 1992 .
6—Operation of this Act in relation to the States
(1) This Act applies
to a State, but only while it is a participating jurisdiction.
(2) Accordingly, a
reference in this Act to a State is a reference to a State that is a
participating jurisdiction, and this Act does not affect the operation of the
laws of a State that is not a participating jurisdiction.
(3) This Act does not
affect the operation of a law of a State so far as it can operate concurrently
with this Act.
7—Operation of this Act in relation to New Zealand
(1) The
Governor-General may declare by Proclamation that this Act will cease to have
effect on a specified day, if satisfied that:
(a)
New Zealand is not a participating jurisdiction and is not likely to become a
participating jurisdiction in the near future; or
(b)
New Zealand is a participating jurisdiction but is likely to cease to be a
participating jurisdiction in the near future.
(2) Such a
Proclamation cannot be made unless the designated person for each of the
participating jurisdictions (other than New Zealand and the Commonwealth) has
published a notice in the official gazette of the jurisdiction requesting the
making of the Proclamation.
(3) Such a
Proclamation is effective according to its terms.
Subject to section 6, this Act binds the Crown in right of the Commonwealth
and of each of the States.
Part 2—Goods
9—Trans-Tasman mutual recognition principle
(1) The Trans-Tasman
mutual recognition principle as applying to goods is as set out in this Part.
(2) This Part deals
with goods produced in or imported into New Zealand and their sale in
Australia.
The Trans-Tasman mutual recognition principle is that, subject to this Part,
goods produced in or imported into New Zealand, that may lawfully be sold in
New Zealand, either generally or in particular circumstances, may, by virtue
of this Act, be sold in an Australian jurisdiction either generally or in
particular circumstances (as the case may be), without the necessity for
compliance with further requirements imposed by or under the law of that
jurisdiction as described in section 11.
11—Requirements that do not need to be complied with
The further requirements referred to in section 10 are any one or more of the
following requirements relating to sale that are imposed by or under the law
of the Australian jurisdiction concerned:
(a) a
requirement that the goods satisfy standards of the jurisdiction relating to
the goods themselves, including for example requirements relating to their
production, composition, quality or performance;
(b) a
requirement that the goods satisfy standards of the jurisdiction relating to
the way the goods are presented, including for example requirements relating
to their packaging, labelling, date stamping or age;
(c) a
requirement that the goods be inspected, passed or similarly dealt with in or
for the purposes of the jurisdiction;
(d) a
requirement that any step in the production of the goods not occur outside the
jurisdiction;
(e) any
other requirement relating to sale that would prevent or restrict, or would
have the effect of preventing or restricting, the sale of the goods in the
jurisdiction.
12—Requirements that do need to be complied with
(1) The Trans-Tasman
mutual recognition principle is subject to the exceptions specified in this
section.
(2) The first
exception is that the principle does not affect the operation of any laws of
an Australian jurisdiction that regulate the manner of the sale of goods in
the jurisdiction or the manner in which sellers conduct or are required to
conduct their business in the jurisdiction (including laws set out in the
examples below), so long as those laws apply equally to goods produced in or
imported into the jurisdiction.
Examples:
Laws relating to the following:
(a) the
contractual aspects of the sale of goods;
(b) the
registration of sellers or other persons carrying on occupations;
(c) the
requirement for business franchise licences;
(d) the
persons to whom goods may or may not be sold;
(e) the
circumstances in which goods may or may not be sold.
(3) The second
exception is that the principle does not affect the operation of any laws of
an Australian jurisdiction regarding the transportation, storage or handling
of goods within the jurisdiction, so long as:
(a)
those laws apply equally to goods produced in or imported into the
jurisdiction; and
(b)
those laws are directed at matters affecting health and safety of persons in
the jurisdiction or at preventing, minimising or regulating environmental
pollution (including air, water, noise or soil pollution) in the jurisdiction.
(4) The third
exception is that the principle does not affect the operation of any laws of
an Australian jurisdiction regarding the inspection of goods within the
jurisdiction, so long as:
(a)
inspection or the requirement for inspection is not a prerequisite to the sale
of the goods in the jurisdiction; and
(b)
those laws apply equally to goods produced in or imported into the
jurisdiction; and
(c)
those laws are directed at matters affecting the health and safety of persons
in the jurisdiction or at preventing, minimising or regulating environmental
pollution (including air, water, noise or soil pollution) in the jurisdiction.
13—Defences to offences regarding sale
(1) It is a defence to
a prosecution for an offence against a law of an Australian jurisdiction in
relation to the sale of any goods if the defendant expressly claims that the
Trans-Tasman mutual recognition principle applies and establishes that:
(a) the
goods were labelled at the point of sale with a statement to the effect that
the goods were produced in or imported into New Zealand; and
(b) the
defendant had no reasonable grounds for suspecting that they were not so
produced or imported.
(2) The defence is not
available if the prosecution proves that the Trans-Tasman mutual recognition
principle did not apply in the circumstances of the alleged offence (because
for example the goods did not comply with requirements imposed by the law of
New Zealand).
(3) Any relevant
presumptions or evidentiary procedures under the law of New Zealand are
available to the prosecution or defendant in relation to matters sought to be
proved by the prosecution under subsection (2).
(4) Any relevant
defences under the law of New Zealand are available to the defendant in
relation to matters sought to be proved by the prosecution under subsection
(2).
(5) This section does
not affect any defence that is available apart from this section.
14—Goods that comply with local law
Nothing in this Part prevents goods from being sold in an Australian
jurisdiction if (apart from this Act) they comply with the relevant
requirements of the law in force in the jurisdiction.
Part 3—Occupations
Division 1—Preliminary
15—Trans-Tasman mutual recognition principle
(1) The Trans-Tasman
mutual recognition principle as applying to occupations is as set out in this
Part.
(2) This Part deals
with the ability of a person who is registered in connection with an
occupation in New Zealand to carry on an equivalent occupation in Australia.
16—Entitlement to carry on occupation
(1) The Trans-Tasman
mutual recognition principle is that, subject to this Part, a person who is
registered in New Zealand for an occupation is, by virtue of this Act,
entitled after notifying the local registration authority of an
Australian jurisdiction for the equivalent occupation:
(a) to
be registered in the jurisdiction for the equivalent occupation; and
(b)
pending such registration, to carry on the equivalent occupation in the
jurisdiction.
(2) However, the
Trans-Tasman mutual recognition principle is subject to the exception that it
does not affect the operation of laws that regulate the manner of carrying on
an occupation in an Australian jurisdiction, so long as those laws:
(a)
apply equally to all persons carrying on or seeking to carry on the occupation
under the law of the jurisdiction; and
(b) are
not based on the attainment or possession of some qualification or experience
relating to fitness to carry on the occupation.
(1) This Part applies
to individuals and occupations carried on by them.
(2) This Part extends
to an occupation carried on by an individual, where the individual is subject
to more than one system of registration or more than one
local registration authority in a participating jurisdiction, and accordingly
this Part applies in relation to each such system of registration and each
such authority.
(3) Without limiting
subsection (2), an example of such an occupation is that of a legal
practitioner, which involves both the admission as a legal practitioner by a
court and the issue of a practising certificate by another body.
Division 2—Entitlement to registration
18—Notification to local registration authority
(1) A person who is
registered in New Zealand for an occupation may lodge a written notice with
the local registration authority of an Australian jurisdiction for the
equivalent occupation, seeking registration for the equivalent occupation in
accordance with the Trans-Tasman mutual recognition principle.
(2) The notice must:
(a)
state that the person is registered for the occupation in New Zealand; and
(b)
state the occupation for which registration is sought and that it is being
sought in accordance with the Trans-Tasman mutual recognition principle; and
(c)
specify all the participating jurisdictions in which the person has
substantive registration for equivalent occupations; and
(d)
state that the person is not the subject of disciplinary proceedings in any
participating jurisdiction (including any preliminary investigations or action
that might lead to disciplinary proceedings) in relation to those occupations;
and
(e)
state that the person's registration in any participating jurisdiction is not
cancelled or currently suspended as a result of disciplinary action; and
(f)
state that the person is not otherwise personally prohibited from carrying on
any such occupation in any participating jurisdiction, and is not subject to
any special conditions in carrying on that occupation, as a result of
criminal, civil or disciplinary proceedings in any participating jurisdiction;
and
(g)
specify any special conditions to which the person is subject in carrying on
any such occupation in any participating jurisdiction; and
(h) give
consent to the making of inquiries of, and the exchange of information with,
the authorities of any participating jurisdiction regarding the person's
activities in the relevant occupation or occupations or otherwise regarding
matters relevant to the notice.
(3) The notice must be
accompanied by a document that is either the original or a copy of the
instrument evidencing the person's existing registration (or, if there is no
such instrument, by sufficient information to identify the person and the
person's registration).
(4) As regards the
instrument evidencing the person's existing registration, the person must
certify in the notice that the accompanying document is the original or a
complete and accurate copy of the original.
(5) The statements and
other information in the notice must be verified by statutory declaration.
(6) The
local registration authority may permit the notice to be amended after it is
lodged.
19—Entitlement to registration and continued registration
(1) A person who
lodges a notice under section 18 with a local registration authority of an
Australian jurisdiction is entitled to be registered in the equivalent
occupation, as if the law of the jurisdiction that deals with registration
expressly provided that registration in New Zealand is a sufficient ground of
entitlement to registration.
(2) The
local registration authority may grant registration on that ground and may
grant renewals of such registration.
(3) Once a person is
registered on that ground, the entitlement to registration continues, whether
or not registration (including any renewal of registration) ceases in
New Zealand.
(4) Continuance of
registration is otherwise subject to the laws of the jurisdiction, to the
extent to which those laws:
(a)
apply equally to all persons carrying on or seeking to carry on the occupation
under the law of the jurisdiction; and
(b) are
not based on the attainment or possession of some qualification or experience
relating to fitness to carry on the occupation.
(5) The
local registration authority may impose conditions on registration, but may
not impose conditions that are more onerous than would be imposed in similar
circumstances (having regard to relevant qualifications and experience) if it
were registration effected apart from this Part, unless they are conditions
that apply to the person's registration in New Zealand or that are necessary
to achieve equivalence of occupations.
(6) This section has
effect subject to this Part.
(1) Registration must
be granted within one month after the notice is lodged with the
local registration authority under section 18.
(2) When granted,
registration takes effect as from the date the notice was lodged.
(3) However, the
local registration authority may, subject to this Part and within one month
after the notice was lodged, postpone or refuse the grant of registration.
(4) If the
local registration authority neither grants the registration nor takes action
under subsection (3) within the period of one month after the notice is
lodged, the person is entitled to registration immediately at the end of that
period and no objection may be taken to the notice on any of the grounds on
which refusal or postponement may be effected, except where fraud is involved.
21—Postponement of registration
(1) A
local registration authority may postpone the grant of registration, if:
(a) any
of the statements or information in the notice as required by section 18 are
materially false or misleading; or
(b) any
document or information as required by section 18(3) has not been provided or
is materially false or misleading; or
(c) the
circumstances of the person lodging the notice have materially changed since
the date of the notice or the date it was lodged; or
(d) the
authority decides that the occupation in which registration is sought is not
an equivalent occupation.
(2) If the grant of
registration has been postponed, the local registration authority may in due
course grant or refuse the registration.
(3) The
local registration authority may not postpone the grant of registration for
longer than a period of 6 months, and the person is entitled to registration
immediately, at the end of that period, unless registration was refused at or
before the end of that period.
(4) Nothing in
subsection (3) prevents earlier registration from being granted on a review by
the Australian Tribunal.
22—Refusal of registration
(1) A
local registration authority may refuse the grant of registration, if:
(a) any
of the statements or information in the notice as required by section 18 are
materially false or misleading; or
(b) any
document or information as required by section 18(3) has not been provided or
is materially false or misleading; or
(c) the
authority decides that the occupation in which registration is sought is not
an equivalent occupation and equivalence cannot be achieved by the imposition
of conditions.
(2) A decision to
refuse to grant registration on the ground that the occupation in which
registration is sought is not an equivalent occupation takes effect at the end
of a specified period (not less than 2 weeks) after the person is notified of
the decision, unless it has been previously revoked or there is an application
for review to the Australian Tribunal, in which case the Tribunal may make
whatever orders it considers appropriate.
A local registration authority must give the person who lodges a notice in
accordance with section 18 a notice in writing of its decision to grant
registration, or to postpone or refuse the grant of registration, or to impose
conditions on registration.
Division 3—Interim arrangements
24—Deemed registration
(1) A person who
lodges a notice under section 18 with a local registration authority of an
Australian jurisdiction is, pending the grant or refusal of registration,
taken to be registered as provided in section 19.
(2) Such registration
is called "deemed registration" in this Act.
(3)
Deemed registration in one Australian jurisdiction does not of itself provide
a basis for registration in another Australian jurisdiction.
25—Duration of deemed registration
(1) A person's
deemed registration in an Australian jurisdiction continues until it is
cancelled or suspended or otherwise ceases in accordance with this Part.
(2) A person's
deemed registration in an Australian jurisdiction ceases if the person becomes
substantively registered in the jurisdiction in connection with the occupation
concerned.
(3) A person's
deemed registration in an Australian jurisdiction ceases if the
local registration authority of the jurisdiction refuses to grant
registration, subject to any determination of the Australian Tribunal.
(4) A person's
deemed registration in an Australian jurisdiction ceases if the person ceases
to be substantively registered in every other participating jurisdiction
mentioned in the notice as required by section 18(2)(c).
(5) A
local registration authority of an Australian jurisdiction may cancel a
person's deemed registration in the jurisdiction if the person requests
cancellation.
(6)
Deemed registration is not affected by postponement of the grant of
substantive registration.
26—Activities under deemed registration
(1) A person who has
deemed registration in an Australian jurisdiction may carry on the occupation
in the jurisdiction as if the deemed registration were
substantive registration in the jurisdiction.
(2) However, the
person may do so only:
(a)
within the limits conferred by the person's substantive registration in
New Zealand; and
(b)
within the limits conferred by the person's deemed registration in the
Australian jurisdiction; and
(c)
subject to any conditions or undertakings applying to the person's
registration in New Zealand, unless waived by the local registration authority
of the Australian jurisdiction under this section; and
(d)
subject to any conditions applying to the person's deemed registration.
(3) Without limiting
anything in this Division:
(a) the
person may not carry on the occupation in the Australian jurisdiction without
complying with any requirements regarding insurance, fidelity funds, trust
accounts and the like that are designed to protect the public, clients,
customers or others; and
(b) a
person who has deemed registration in an occupation in the
Australian jurisdiction is subject to any disciplinary provisions and
arrangements that are applicable to persons who are substantively registered
in the jurisdiction; and
(c)
references in the law of the Australian jurisdiction to persons registered in
an occupation under the law of the jurisdiction (however expressed) extend to
persons who have deemed registration for the occupation under this Act.
(4) However, the
local registration authority of the Australian jurisdiction may waive any
condition imposed under the law of New Zealand, or any undertaking given to
the local registration authority of New Zealand, if it thinks it appropriate
in the circumstances.
(5) The
local registration authority of the Australian jurisdiction may impose
conditions as if deemed registration were substantive registration, but it
must not impose conditions that are more onerous than would be imposed in
similar circumstances (having regard to relevant qualifications and
experience) if it were registration effected apart from this Part, unless they
correspond to conditions or undertakings that apply to the person's
registration in New Zealand or that are necessary to achieve equivalence of
occupations.
Division 4—Equivalent occupations
27—Equivalent occupations
The equivalence of occupations carried on in different participating
jurisdictions is, for the purposes of this Act, to be determined in accordance
with this Part.
(1) An occupation for
which persons may be registered in New Zealand is taken to be equivalent to an
occupation for which persons may be registered in an Australian jurisdiction
if the activities authorised to be carried out under each registration are
substantially the same (whether or not this result is achieved by means of the
imposition of conditions).
(2) Conditions may be
imposed on registration under this Part so as to achieve equivalence between
occupations in different participating jurisdictions.
(3) This section has
effect subject to any relevant declarations in force under this Division.
29—Declarations as to equivalent occupations
(1) This Part is to be
given effect in accordance with relevant declarations (if any) made under this
Division regarding equivalent occupations.
(2) If a declaration
made by the Australian Tribunal under section 30 and a declaration made by
Ministers under section 31 are inconsistent, the ministerial declaration
prevails.
(3) A declaration
under this Part does not affect the registration of any person already
registered (except in the case of a declaration made by the
Australian Tribunal in relation to that person specifically).
30—Declarations by Australian Tribunal
(1) On a review, the
Australian Tribunal may make an order that a person who is registered in a
particular occupation in New Zealand is or is not entitled to registration in
an Australian jurisdiction in a particular occupation, and may specify or
describe conditions that will achieve equivalence.
(2) On a review, the
Australian Tribunal may make a declaration that occupations carried on in
New Zealand and an Australian jurisdiction are not equivalent, but only if the
Australian Tribunal is satisfied that:
(a) the
activities involved in the occupations are not substantially the same (even
with the imposition of conditions); or
(b)
registration in New Zealand should not entitle registered persons to carry on
a particular activity or class of activity in an Australian jurisdiction,
where:
(i)
the activity or class of activity is a material part of
the practice of a person registered in New Zealand for the occupation; and
(ii)
the activity or class of activity, if carried out by a
person not conforming to the appropriate standards, could reasonably be
expected to expose persons in the Australian jurisdiction to a real threat to
their health or safety or could reasonably be expected to cause significant
environmental pollution (including air, water, noise or soil pollution); and
(iii)
it is not practicable to protect the health or safety of
such persons from that threat or the environment from such pollution by
regulating the manner in which services in the occupation are provided.
(3) The Registrar or
other proper officer of the Australian Tribunal must cause a notice setting
out the terms of a declaration under this section to be promptly published in
the Commonwealth of Australia Gazette .
(4) A declaration made
on the basis of paragraph (2)(b) has effect for no longer than 12 months,
and the local registration authority must promptly notify appropriate
authorities in each other participating jurisdiction of the declaration.
(5) The
local registration authority is to give effect to the decision on the review,
and must thereafter act in conformity with the decision in relation to other
persons seeking registration.
(1) A Minister from
New Zealand and a Minister from each of one or more Australian jurisdictions
may jointly declare, by notice in the Commonwealth of Australia Gazette , that
specified occupations are equivalent, and may specify or describe conditions
that will achieve equivalence.
(2) The declaration
may be amended or rescinded in the same way.
(3) The declaration
has effect only in relation to the participating jurisdictions concerned.
(4) The appropriate
local registration authority is to give effect to the declaration.
Division 5—General provisions
(1) If a person's
registration in an occupation in New Zealand:
(a) is
cancelled or suspended; or
(b) is
subject to a condition;
on disciplinary grounds, or as a result of or in anticipation of criminal,
civil or disciplinary proceedings, then the person's registration in the
equivalent occupation in an Australian jurisdiction is affected in the same
way.
(2) However, the
local registration authority of the Australian jurisdiction may reinstate any
cancelled or suspended registration or waive any such condition if it thinks
it appropriate in the circumstances.
(3) This section
extends to registration effected apart from this Act.
(4) This section has
effect despite any other provisions of this Part.
(1) Subject to the
Administrative Appeals Tribunal Act 1975 , application may be made to the
Australian Tribunal for review of a decision of a local registration authority
of an Australian jurisdiction in relation to its functions under this Act.
(2) In subsection (1):
"decision" has the same meaning as in the Administrative Appeals Tribunal
Act 1975 .
(3) If a
local registration authority gives a person written notice of the making of a
decision referred to in subsection (1), the notice must include a statement to
the effect that:
(a)
subject to the Administrative Appeals Tribunal Act 1975 , application for
review of the decision may be made to the Australian Tribunal by a person
whose interests are affected by the decision; and
(b)
except where subsection 28(4) of that Act applies, application may be made in
accordance with section 28 of that Act by or on behalf of that person for a
statement in writing setting out the findings on material questions of fact,
referring to the evidence or other material on which those findings were
based, and giving the reasons for the decision.
(4) Any failure to
comply with a requirement of subsection (3) does not affect the validity of
the decision.
The Australian Tribunal may order a party in proceedings before it to pay
costs if the party has acted unreasonably.
35—Co-operation with and membership of Trans-Tasman Occupations Tribunal
(NZ)
(1) The purpose of
this section is to promote consistency between decisions made by the
Australian Tribunal for the purposes of this Act and decisions made by the
New Zealand Tribunal for the purposes of the New Zealand Act.
(2) In making
decisions for the purposes of this Act, the Australian Tribunal is to have
regard to decisions of the New Zealand Tribunal.
(3) For the purposes
of a review of a decision referred to in subsection 33(1) of this Act, the
President of the Australian Tribunal may, in the exercise of the power under
paragraph 20(1A)(b) of the Administrative Appeals Tribunal Act 1975 ,
direct that the persons who are to constitute the Australian Tribunal for the
purposes of that review include:
(a) the
Chairperson of the New Zealand Tribunal; or
(b) a
person included on the panel maintained under the New Zealand Act who is
nominated by the Chairperson of the New Zealand Tribunal for the purposes of
that review.
(4) The President of
the Australian Tribunal must exercise the power given by subsection (3)
in accordance with arrangements made from time to time between the President
and the Chairperson of the New Zealand Tribunal.
(5) A reference in
Part III, IIIA, IV or VI of the Administrative Appeals Tribunal Act 1975
to a member includes a reference to a person included in a direction under
subsection (3).
(6) In spite of
anything in any other Act, the Chairperson of the New Zealand Tribunal, or a
person included on the panel maintained under the New Zealand Act, is not
entitled to remuneration or allowances in respect of service as a member of
the Australian Tribunal as permitted by this Act.
(7) Service by a
member of the Australian Tribunal on the New Zealand Tribunal under the New
Zealand Act is taken for all purposes of Australian law to be service as a
member of the Australian Tribunal.
Residence or domicile in a particular participating jurisdiction is not to be
a prerequisite for or a factor in entitlement to the grant, renewal or
continuation of registration arising under this Part.
(1) A
local registration authority of an Australian jurisdiction must furnish
without delay any information reasonably required by a local
registration authority of another participating jurisdiction about a person
substantively registered under a law of the Australian jurisdiction.
(2) The obligation
imposed under this section does not apply unless the authority of the other
participating jurisdiction notifies the authority of the firstmentioned
jurisdiction that the information is required in connection with:
(a) a
notice lodged by a person seeking registration; or
(b) a
person's deemed registration; or
(c)
actual or possible disciplinary action against the person.
(3) The authority of
the firstmentioned jurisdiction is empowered to provide the information,
despite any law relating to secrecy, confidentiality or privacy.
(4) Nothing in this
section affects any obligation or power to provide information apart from this
section.
If a local registration authority of an Australian jurisdiction receives
information under section 37 of this Act or the corresponding provision of the
New Zealand Act, the information is subject to any law relating to secrecy,
confidentiality or privacy that would apply if the information were provided
under the law of the jurisdiction under which the authority is constituted or
exercises its functions.
39—General responsibilities of local registration authorities
(1) It is the duty of
each local registration authority of an Australian jurisdiction to facilitate
the operation of this Part in relation to the occupations for which the
authority is responsible, and in particular to make use of the power to impose
conditions in such a way as to promote the Trans-Tasman mutual recognition
principle.
(2) It is the duty of
each local registration authority of an Australian jurisdiction to prepare and
make available guidelines and information regarding the operation of this Part
in relation to the occupations for which the authority is responsible.
(3) The first such
guidelines and information are to be available within 6 months after the
commencement of this section.
(4) In dealing with
information obtained or to be obtained under this Act, a
local registration authority of an Australian jurisdiction must have regard to
the principles relating to information privacy set out in Schedule 5.
(5) Nothing in
subsection (4) or in Schedule 5:
(a)
affects the operation or validity of any decision or other action taken under
this Act; or
(b)
gives rise to, or can be taken into account in, any civil cause of action; or
(c)
creates rights or duties that are enforceable in judicial or other
proceedings.
(1) A
local registration authority of an Australian jurisdiction has power to impose
fees in relation to substantive or deemed registration or the continuance of
registration arising under this Part, but any such fees may not be greater
than are applicable for registration apart from this Part.
(2) Nothing in this
section prevents the fixing or prescribing of fees referred to in this section
under any other law of an Australian jurisdiction, but the fees may not be
greater than can be imposed under this section.
(3) The
local registration authority may impose a condition on substantive or
deemed registration arising under this Part to the effect that a person may
not carry out activities under registration unless a fee or other payment has
been paid, but such a condition may not be imposed unless it corresponds to a
requirement attaching to registration apart from this Part.
(4) This section does
not authorise the imposition of a tax.
41—Formalities requiring personal attendance
(1) Neither
substantive or deemed registration, nor entitlement to registration, under
this Part requires compliance with any statutory or other formalities
requiring personal attendance in the Australian jurisdiction concerned.
(2) This section
applies to formalities that would otherwise have to be complied with before,
at or after registration.
Nothing in this Part prevents a person from seeking registration or being
registered for an occupation under a law apart from this Part.
Part 4—Exclusions and exemptions
43—References to endorsing a proposed regulation
(1) For the purposes
of this Part, a jurisdiction endorses a regulation if the designated person
for the jurisdiction publishes a notice in the official gazette of the
jurisdiction setting out and endorsing the terms of the regulation before it
is made.
(2) However, the
making of a recommendation by a Minister to the Governor-General for the
making of a regulation amounts to endorsement of the regulation by the
Commonwealth, and the Commonwealth is taken to have endorsed the regulation
for the purposes of this Part if the regulation is in fact made.
(1) This Act does not
affect laws of an Australian jurisdiction specified or described in Schedule
1, to the extent that Schedule 1 indicates that they are excluded from the
operation of this Act.
(2) The
Governor-General may make regulations amending Schedule 1.
(3) A regulation may
not be made for the purposes of this section unless all of the then
participating jurisdictions have endorsed the regulation.
(4) However:
(a) if
such a regulation merely omits or reduces the extent of an exclusion of a law
of a State from Schedule 1, the regulation may be made if the State has
endorsed the regulation; or
(b) if
such a regulation amends Part 2 of Schedule 1 by substituting or adding a law
of a State that relates to a matter referred to in paragraph (a), (b), (c) or
(d) of subclause 1(1) of Part 1 of that Schedule, the regulation may be made
if the State has endorsed the regulation.
(1) This Act does not
affect the operation of laws of an Australian jurisdiction specified or
described in Schedule 2, to the extent that Schedule 2 indicates that they are
exempt from the operation of this Act.
(2) Such an exemption
may be limited or unlimited in its application. If a law is specified or
described in Schedule 2 without any limitation, it is taken to be wholly
exempt from the operation of this Act.
(3) The
Governor-General may make regulations amending Schedule 2.
(4) A regulation may
not be made for the purposes of this section unless all of the then
participating jurisdictions have endorsed the regulation.
(5) However:
(a) if
such a regulation relates solely to one or more laws specified or described in
Schedule 3 and will not take effect within 5 years after the commencement of
section 48, the regulation may be made if at least two-thirds of the then
participating jurisdictions have endorsed the regulation; or
(b) if
such a regulation merely omits or reduces the extent of an exemption of a law
of a State from Schedule 2, the regulation may be made if the State has
endorsed the regulation.
(1) This Act does not:
(a)
apply to the sale in an Australian jurisdiction of exempt goods; or
(b)
affect the operation of exempt laws of an Australian jurisdiction relating to
a particular kind of goods.
(2) For the purposes
of this section, goods or laws are exempt if the goods are of a kind, or the
laws are, for the time being declared by or under an Act or regulation of the
jurisdiction to be exempt from the operation of this Act.
(3) Any such
exemptions have effect only if they are substantially for the purpose of
protecting the health and safety of persons in the jurisdiction or preventing,
minimising or regulating environmental pollution (including air, water, noise
or soil pollution) in the jurisdiction.
(4) No such exemption
operates (together with the period of any previous exemption) for longer than
a period of 12 months or an aggregate period of 12 months.
47—Continuation of temporary exemptions to enable implementation of
ministerial agreements
(1) The purpose of
this section is to create a mechanism to provide an additional period not
exceeding 12 months for legislative or other action to be taken to implement a
ministerial agreement arising out of consideration of an exemption under
section 46. However, this subsection does not provide grounds for invalidating
any regulations made for the purposes of this section.
(2) This Act does not:
(a)
apply to the sale in an Australian jurisdiction of exempt goods; or
(b)
affect the operation of exempt laws of an Australian jurisdiction relating to
a particular kind of goods.
(3) For the purposes
of this section, goods or laws are exempt if the goods are of a kind, or the
laws are, for the time being declared by regulations under this Act to be
exempt from the operation of this Act.
(4) The
Governor-General may make regulations for the purposes of this section, but
any such regulations may be made only if they have the effect of continuing or
reviving, wholly or partly, and with or without modification, the effect of an
exemption under section 46.
(5) Such a
modification may only:
(a) in
the case of an exemption relating to goods:
(i)
limit the circumstances in which the goods are exempt; or
(ii)
provide that the exemption does not apply if certain
standards or conditions are complied with in relation to the goods; or
(b) in
the case of an exemption relating to a law:
(i)
modify the operation of the law while the exemption
operates; or
(ii)
provide that the exemption does not apply in relation to
particular goods if certain standards or conditions are complied with in
relation to the goods.
(6) The regulations
may discontinue any exemption under this section.
(7) A regulation may
not be made for the purposes of this section unless at least two-thirds of the
then participating jurisdictions have endorsed the regulation.
(8) No exemption under
this section operates (together with the period of any previous such
exemption) for longer than a period of 12 months or an aggregate period
of 12 months after the corresponding exemption under section 46
ceases to operate.
(9) In this section:
"ministerial agreement" means an agreement of Ministers of
participating jurisdictions made in relation to goods or laws that are the
subject of an exemption under section 46.
(1) This Act does not
affect the operation of laws of an Australian jurisdiction that relate to
goods and that are specified or described in Schedule 3, to the extent
that Schedule 3 indicates that they are exempt from the operation of this Act.
(2) Such an exemption
operates for no longer than a period of 12 months after the commencement
of this section, but may be extended in whole or in part by the regulations
from time to time by one or more further periods each not exceeding
12 months.
(3) A regulation may
not be made for the purposes of subsection (2) if the exemption has expired or
has otherwise ceased to be in force.
(4) The
Governor-General may make regulations amending Schedule 3 for the purposes of
subsection (2) or (6).
(5) A regulation may
not be made for the purposes of this section unless at least two-thirds of the
then participating jurisdictions have endorsed the regulation.
(6) However, if such a
regulation merely omits any matter relating to an exemption that has expired
or has otherwise ceased to be in force, the regulation may be made if the
Commonwealth has endorsed the regulation.
49—Exemptions relating to occupations
(1) This Act does not
affect the operation of laws of an Australian jurisdiction that relate to
occupations and that are specified or described in Schedule 4, to the extent
that Schedule 4 indicates that they are exempt from the operation of this Act.
(2) The
Governor-General may make regulations amending Schedule 4.
(3) A regulation may
not be made for the purposes of this section unless all of the then
participating jurisdictions have endorsed the regulation.
(4) However, if such a
regulation amends Schedule 4 by omitting a law of a State, the regulation may
be made if the State has endorsed the regulation.
Part 5—General
50—References to participating jurisdictions
For the purposes of this Act, a participating jurisdiction is:
(a)
New Zealand, while there is in force an Act of its Parliament that corresponds
to this Act; or
(b) the
Commonwealth; or
(c) a
State (other than a Territory) for which there is in force an Act of its
Parliament that refers to the Parliament of the Commonwealth the power to
enact this Act, or that adopts this Act, under paragraph (xxxvii) of section
51 of the Commonwealth Constitution; or
(d) a
Territory (being the Australian Capital Territory or the Northern Territory)
for which there is in force an Act of its legislature that requests the
Parliament of the Commonwealth to enact this Act or that enables this Act to
apply in relation to it.
51—Application of Trans-Tasman mutual recognition principle
(1) The Trans-Tasman
mutual recognition principle and the provisions of this Act may be taken into
consideration in proceedings of any kind and for any purpose.
(2) Nothing in this
Act or the Mutual Recognition Act 1992 prevents a person from relying on
the Trans-Tasman mutual recognition principle in relation to more than one
Australian jurisdiction.
52—Machinery provisions regarding limitations etc.
In cases where Part 3 provides that conditions or undertakings that apply or
are relevant to registration in New Zealand also apply or are relevant to
registration in an Australian jurisdiction, they are to be construed with any
necessary adaptations, including the following (where appropriate and so far
as practicable):
(a)
references to New Zealand are to be read as references to the
Australian jurisdiction;
(b)
references to officers or authorities of New Zealand are to be read as
references to the corresponding officers or authorities of the Australian
jurisdiction.
53—Determining place of production
(1) For the purpose of
determining where goods are produced for the purposes of this Act, goods are
taken to be produced in New Zealand if the most recent step in the process of
producing the goods (including for example processing, harvesting or packaging
the goods) has occurred there.
(2) Subsection (1)
applies even though:
(a) the
process of production may be incomplete; or
(b) some
steps in the process have not yet been carried out; or
(c) some
steps in the process were carried out elsewhere; or
(d) the
goods or a component of the goods were imported into New Zealand.
54—Commonwealth regulations for temporary exemptions
Without limiting any other power under any other Act, the Governor-General may
make regulations for the purposes mentioned in section 46.
Schedule 1—Exclusions
Note:
See section 44.
Part 1—Introduction
(1) The laws specified
or described in this Schedule are excluded from the operation of this Act, so
far as they relate to:
(a)
customs controls and tariffs—but only to the extent that the laws
provide for the imposition of tariffs and related measures (for example,
anti-dumping and countervailing duties) and the prohibition or restriction of
imports; and
(b)
intellectual property—but only to the extent that the laws provide for
the protection of intellectual rights and relate to requirements for the sale
of goods set out in section 11; and
(c)
taxation and business franchises—but only to the extent that the laws
relate to taxes imposed on the sale of locally produced and imported goods in
a non-discriminatory way, including, for example, wholesale sales tax
(Commonwealth) and business franchise and stamp duties (States); and
(d) the
implementation of international obligations—but only to the extent that
the laws implementing those obligations deal with the requirements relating to
the sale of goods set out in section 11.
(2) The laws specified
or described in this Schedule are excluded only to the extent that those laws
would be affected by the Trans-Tasman mutual recognition principle as applying
to goods.
Part 2—Laws
2—Customs controls and tariffs (including laws relating to international
obligations)
Prohibited imports
Customs (Prohibited Imports) Regulations of the Commonwealth
Commerce (Trade
Descriptions) Act 1905 of the Commonwealth
Any other laws of the
Commonwealth, to the extent that they provide for the prohibition or
restriction of imports and would be affected by the Trans-Tasman mutual
recognition principle as applying to goods.
Tariffs
Customs Tariff Act 1995 of the Commonwealth
Customs Act 1901 of the
Commonwealth, Part XVB
Customs Tariff (Anti-Dumping) Act 1975 of the
Commonwealth
3—Intellectual property (including laws relating to the Paris Convention
of 20 March 1983 for the Protection of Industrial Property)
Patents Act 1990 of the Commonwealth
Trade Marks Act 1995 of the
Commonwealth
Designs Act 1906 of the Commonwealth
Olympic Insignia
Protection Act 1987 of the Commonwealth
Scout Association Act 1924
of the Commonwealth
Defence (Transitional Provisions) Act 1946 of the
Commonwealth
Defence Transition (Residual Provisions) Act 1952 of the
Commonwealth
Plant Breeder's Rights Act 1994 of the Commonwealth
Copyright Act 1968 of the Commonwealth
Circuit Layouts Act 1989 of
the Commonwealth
Sydney 2000 Games (Indicia and Images) Protection
Act 1996 of the Commonwealth
Unauthorised Documents Act 1922 of New
South Wales
Unauthorized Documents Act 1958 of Victoria
Badge, Arms,
Floral and other Emblems of Queensland Act 1959 of Queensland
Armorial
Bearings Protection Act 1979 of Western Australia
Unauthorised Documents
Act 1916 of South Australia
Unauthorized Documents Act 1986 of
Tasmania
City of Canberra Arms Act 1932 of the Australian Capital
Territory
Flag and Emblem Act 1985 of the Northern Territory
4—Other international obligations
Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the
Commonwealth, sections 21 and 22, to the extent that they implement the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora
Hazardous Waste (Regulation of Exports and Imports) Act 1989 of the
Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24–31, 34 and 39, to the
extent that they implement the Basel Convention on the Control of
Transboundary Movement of Hazardous Wastes and their Disposal 1989
The following laws, to the extent that they implement the Charter of the
United Nations (as it relates to the imposition of United Nations sanctions):
Charter of the United Nations Act 1945 of the Commonwealth, section 6
Air Navigation Act 1920 of the Commonwealth, section 26
Banking Act 1959 of the Commonwealth, section 71
Migration Act 1958 of the Commonwealth, subsection 31(3), paragraph
116(1)(g) and section 504
Customs Act 1901 of the Commonwealth, section 50
Protection of Movable Cultural Heritage Act 1986 of the Commonwealth, to
the extent that it implements the United Nations Educational, Scientific and
Cultural Organisation (UNESCO) Convention Regulating the International Trade
in Cultural Property 1970
The following laws, to the extent that they implement the European
Union-Australia Wine Agreement—Protection of Certain Names and
Expressions:
Australian Wine and Brandy Corporation Act 1980 of the Commonwealth, Part
VIB and Part VIA (Label Integrity Program)
Australian Wine and Brandy Corporation (Exports) Regulations of the
Commonwealth, Parts 3 and 4
5—Taxation and business franchises
Sales Tax Assessment Act 1992 of the Commonwealth
Sales Tax (Exemptions
and Classifications) Act 1992 of the Commonwealth
Laws of a State
imposing or providing for the imposition, assessment or collection of
taxation, including stamp duties, and providing for business licences.
Schedule 2—Permanent exemptions
Note:
See section 45.
The laws specified or described in this Schedule are exempt from the operation
of this Act.
Part 1—Laws relating to Goods: General
A law of an Australian jurisdiction, including a law relating to quarantine,
to the extent that:
(a) the
law is enacted or made substantially for the purpose of preventing the entry
or spread of any pest, disease, organism, variety, genetic disorder or any
other similar thing; and
(b) the
law authorises the application of quarantine measures that do not amount to an
arbitrary or unjustifiable discrimination or to a disguised restriction on
trade between Australia and New Zealand and are not inconsistent with the
requirements of the Agreement establishing the World Trade Organisation.
A law of an Australian jurisdiction, to the extent that it is enacted or made
substantially for the purpose of protecting a species or other class of
animals or plants from extinction in the jurisdiction and that it prohibits or
restricts the possession, sale, killing or capture of animals or plants of
that species or other class in the jurisdiction.
Part 2—Laws relating to Goods: Specific
Firearms and other prohibited or offensive weapons
Customs (Prohibited Imports) Regulations
Fireworks
Customs (Prohibited Imports) Regulations
Indecent material
Classification (Publications, Films and Computer Games) Act 1995
Ozone protection
Ozone Protection Act 1989
Agricultural and veterinary chemicals
Agricultural and Veterinary Chemicals Act 1994
Agricultural and Veterinary Chemicals Code Act 1994
Other
Imported Food Control Act 1992 (to the extent that it deals with risk
categorised food commodities)
Firearms and other prohibited or offensive weapons
Firearms Act 1996
Prohibited Weapons Act 1989
Fireworks
Dangerous Goods Act 1975 (to the extent that it deals with fireworks)
Gaming machines
Registered Clubs Act 1976 , Parts 10 and 11
Liquor Act 1982 , Part 11
Indecent material
Classification (Publications, Films and Computer Games) Enforcement
Act 1995
Ozone protection
Ozone Protection Act 1989
Firearms and other prohibited or offensive weapons
Firearms Act 1958
Firearms Regulations 1995
Control of Weapons Act 1990
Control of Weapons Regulations 1990
Fireworks
Dangerous Goods Act 1985 (to the extent that it deals with fireworks)
Dangerous Goods (Explosives) Regulations 1988 , Part 8, Division 5
Gaming machines
Gaming Machine Control Act 1991
Indecent material
Classification (Publications, Films and Computer Games) (Enforcement)
Act 1995
Ozone protection
Environment Protection Act 1970 , sections 16 and 41 (to the extent that
they deal with ozone depleting substances) and paragraph 71(1)(gba)
Firearms and other prohibited or offensive weapons
Weapons Act 1990
Fireworks
Explosives Act 1952 (to the extent that it deals with fireworks)
Gaming machines
Gaming Machine Act 1991
Indecent material
Classification of Films Act 1991
Classification of Publications Act 1991
Ozone protection
Environmental Protection (Interim) Regulation 1995 under the
Environmental Protection Act 1994 (to the extent that it deals with ozone
depleting substances)
7—Western Australia
Firearms and other prohibited or offensive weapons
Firearms Act 1973
Fireworks
Explosives and Dangerous Goods Act 1961 (to the extent that it deals with
fireworks)
Gaming machines
Gaming Commission Act 1987
Indecent material
Censorship of Films Act 1947
Indecent Publications and Articles Act 1902
Video Tapes Classification and Control Act 1987
Censorship Act 1996
Ozone protection
Environmental Protection Act 1986 (to the extent that it deals with ozone
protection)
8—South Australia
Firearms and other prohibited or offensive weapons
Firearms Regulations 1993
Summary Offences Act 1953 , section 15 (to the extent that it deals with
firearms)
Criminal Law Consolidation Act 1935 , sections 32, 47A and 299A
Fireworks
Explosives Act 1936 (to the extent that it deals with fireworks)
Gaming machines
Gaming Machines Regulations 1993
Indecent material
Classification (Publications, Films and Computer Games) Act 1995
Summary Offences Act 1953 , sections 33 and 35
Ozone protection
Environment Protection Act 1993 , Part 8, Division 3
Other
Environment Protection Act 1993 , Part 8, Division 2 (dealing with
beverage containers)
Firearms and other prohibited or offensive weapons
Guns Act 1991
Firearms Act 1996
Fireworks
Dangerous Goods Act 1976 (to the extent that it deals with fireworks)
Gaming machines
Gaming Control Act 1993 (to the extent that it deals with gaming
machines)
Indecent material
Classification (Publications, Films and Computer Games) Enforcement
Act 1995
Ozone protection
Environmental Management and Pollution Control Act 1994 (to the extent
that it deals with ozone protection)
Other
Living Marine Resources Management Act 1995 (to the extent that it
relates to the possession, sale or capture of abalone, crayfish or scallops of
a certain minimum size)
10—Australian Capital Territory
Firearms and other prohibited or offensive weapons
Weapons Act 1991
Fireworks
Dangerous Goods Act 1975 of New South Wales in its application to the
Australian Capital Territory (to the extent that it deals with fireworks)
Gaming machines
Gaming Machine Act 1987
Indecent material
Business Franchise ("X" Videos) Act 1990
Classification (Publications, Films and Computer Games) (Enforcement)
Act 1995
Ozone protection
Ozone Protection Act 1991
Firearms and other prohibited or offensive weapons
Firearms Act 1992
Fireworks
Dangerous Goods Act 1980 (to the extent that it deals with fireworks)
Gaming machines
Gaming Control Act 1993
Indecent material
Classification of Publications and Films Act 1985
Ozone protection
Ozone Protection Act 1990
Schedule 3—Special exemptions
Note:
See section 48.
The laws specified or described in this Schedule are exempt from the operation
of this Act.
1—Therapeutic goods
Therapeutic Goods Act 1989 of the Commonwealth
Therapeutic Goods
(Charges) Act 1989 of the Commonwealth
The following laws are exempt, to the extent that they deal with packaging and
labelling of pharmaceutical drugs and would be affected by Part 2 of this Act:
Poisons and Therapeutic Goods Act 1966 of New South Wales
Drugs, Poisons and Controlled Substances Act 1981 of Victoria
Therapeutic Goods (Victoria) Act 1994 of Victoria
Poisons Regulation 1973 under the Health Act 1937 of Queensland
Poisons Act 1964 of Western Australia
Controlled Substances Act 1984 of South Australia
Poisons Act 1971 of Tasmania
Poisons and Dangerous Drugs Act 1983 of the Northern Territory
Poisons and Drugs Act 1978 of the Australian Capital Territory
2—Hazardous substances, industrial chemicals and dangerous goods
The following laws, to the extent that they deal with packaging and labelling
of hazardous substances, industrial chemicals and dangerous goods and would be
affected by Part 2 of this Act:
Poisons and Therapeutic Goods Act 1966 of New South Wales
Drugs, Poisons and Controlled Substances Act 1981 of Victoria
Poisons Regulation 1973 under the Health Act 1937 of Queensland
Controlled Substances Act 1984 of South Australia
Poisons Act 1964 of Western Australia
Poisons Act 1971 of Tasmania
Poisons and Dangerous Drugs Act of the Northern Territory
Poisons and Drugs Act 1978 of the Australian Capital Territory
The following laws:
Industrial Chemicals (Notification and Assessment) Act 1989 of the
Commonwealth
Occupational Health and Safety (Commonwealth Employment) Act 1991 of the
Commonwealth
Occupational Health and Safety (Commonwealth Employment) (National Standards)
Regulations of the Commonwealth
Road Transport Reform (Dangerous Goods) Act 1995 of the Commonwealth
Work Health Act 1986 of the Northern Territory
Work Health (Occupational Health and Safety) Regulations 1992 of the
Northern Territory
Dangerous Goods Act 1980 of the Northern Territory
Dangerous Goods Regulations 1980 of the Northern Territory
Occupational Safety and Health Act 1984 of Western Australia
Occupational Safety and Health Regulations 1988 of Western Australia
Explosives and Dangerous Goods Act 1961 of Western Australia
Dangerous Goods Regulations 1992 of Western Australia
Explosives Regulations 1963 of Western Australia
Occupational Health and Safety Act 1983 of New South Wales
Occupational Health and Safety (Hazardous Substances) Regulation 1996 of
New South Wales
Occupational Health and Safety (Carcinogenic Substances) (Transitional)
Regulation 1994 of New South Wales
Dangerous Goods Act 1975 of New South Wales
Dangerous Goods Regulation 1978 of New South Wales
Dangerous Goods (Gas Installations) Regulation 1982 of New South Wales
Dangerous Goods Act 1985 of Victoria
Dangerous Goods Act 1976 of Tasmania
Factories, Shops and Industries Act 1962 of New South Wales
Dangerous Substances Act 1979 of South Australia
Occupational Health, Safety and Welfare Act 1986 of South Australia
Occupational Health, Safety and Welfare Regulations 1995 of South
Australia
Occupational Health and Safety Act 1985 of Victoria
Regulations under the Occupational Health and Safety Act 1985 of Victoria
Workplace Health and Safety Act 1995 of Queensland
Workplace Health and Safety Regulation 1989 of Queensland
Workplace Health and Safety Regulation 1995 of Queensland
Workplace Health and Safety (Hazardous Substances) Compliance
Standard 1995 of Queensland
Workplace Health and Safety (Lead) Compliance Standard 1995 of Queensland
Workplace Health and Safety Act 1995 of Tasmania
Occupational Health and Safety Act 1989 of the Australian Capital
Territory
Occupational Health and Safety Regulations of the Australian Capital Territory
Hazardous Substances Regulations of the Australian Capital Territory
Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V
Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38
Consumer Affairs Act 1972 of Victoria, Part IV, sections 57C, 57D, 59 and
61A
Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A
Trade Standards Act 1979 of South Australia, sections 23, 26A and 33
Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and 23U
Fair Trading Act 1987 of Western Australia, sections 50 and 59
Goods (Trade Descriptions) Act 1971 of Tasmania, sections 16 and 17
Sale of Hazardous Goods Act 1977 of Tasmania, sections 6, 7 and 8
Consumer Affairs and Fair Trading Act 1990 of the Northern Territory,
sections 25, 30 and 38
Consumer Affairs Act 1973 of the Australian Capital Territory, sections
15FBA, 15FCA, 15FB, 15FC and 15FD
3—Electromagnetic compatibility and radiocommunications equipment
Radiocommunications Act 1992 of the Commonwealth
Motor Vehicle Standards Act 1989 of the Commonwealth
Gas Act 1986 of New South Wales
Gas Supply Act 1996 of New South
Wales
Gas and Fuel Corporation Act 1958 of Victoria
Gas Industry
Act 1994 of Victoria
Gas Act 1965 of Queensland
Gas Standards
Act 1972 of Western Australia, to the extent that it relates to
regulation of gas appliances
Gas Act 1988 of South Australia
Dangerous
Goods Act 1976 of Tasmania, to the extent that it relates to regulation
of gas appliances
Dangerous Goods Act 1980 of the Northern Territory, to
the extent that it relates to regulation of gas appliances
Gas Act 1992
of the Australian Capital Territory, to the extent that it relates to
regulation of gas appliances
Dangerous Goods Act 1984 of the Australian
Capital Territory, to the extent that it relates to regulation of gas
appliances
Schedule 4—Exempt laws relating to occupations
Note:
See section 49.
The laws specified or described in this Schedule are exempt from the operation
of this Act to the extent indicated.
The following laws, to the extent that they deal with the occupation of
medical practitioners as referred to in them:
Medical Practice Act 1992 of New South Wales;
Medical Practice Act 1994 of Victoria;
Medical Act 1939 of Queensland;
Medical Act 1894 of Western Australia;
Medical Practitioners Act 1983 of South Australia;
Medical Practitioners Registration Act 1996 of Tasmania;
Medical Practitioners Act 1930 of the Australian Capital Territory;
Medical Act 1995 of the Northern Territory.
Schedule 5—Privacy of information collected under the Act
Note:
See section 39.
Part 1—Interpretation
In this Schedule:
"consent" means express consent or implied consent.
"individual" means a natural person.
"individual concerned", in relation to personal information or a record of
personal information, means the individual to whom the information relates.
"personal information" means information or an opinion (including information
or an opinion forming part of a database), whether true or not, and whether
recorded in a material form or not, about an individual whose identity is
apparent, or can reasonably be ascertained, from the information or opinion.
"record" means:
(a) a
document; or
(b) a
database (however kept); or
(c) a
photograph or other pictorial representation of a person;
but does not include:
(d) a
generally available publication; or
(e)
anything kept in a library, art gallery or museum for the purposes of
reference, study or exhibition; or
(f)
letters or other articles in the course of transmission by post.
"solicit", in relation to personal information, means request a person to
provide that information, or a kind of information in which that information
is included.
"use", in relation to information, does not include mere disclosure of the
information, but does include the inclusion of the information in a
publication.
Part 2—Principles
2—Solicitation of personal information from individual concerned
Where:
(a) a
local registration authority collects personal information under this Act; and
(b) the
information is solicited by the authority from the individuals concerned;
the authority must ensure that the forms issued to individuals in connection
with collecting the information specify:
(c) the
purpose for which the information is being collected; and
(d) any
person to whom, or any body or agency to which, it is the authority's usual
practice to disclose personal information of the kind so collected, and (if
known by the authority) any person to whom, or any body or agency to which, it
is the usual practice of that first-mentioned person, body or agency to pass
on that information.
3—Storage and security of personal information
A local registration authority who has possession or control of a record that
contains personal information must ensure:
(a) that
the record is protected, by such security safeguards as it is reasonable in
the circumstances to take, against loss, against unauthorised access, use,
modification or disclosure, and against other misuse; and
(b) that
if it is necessary for the record to be given to a person in connection with
the provision of a service to the local registration authority, everything
reasonably within the power of the authority is done to prevent unauthorised
use or disclosure of information contained in the record.
4—Limits on use of personal information
(1) A
local registration authority who has possession or control of a record that
contains personal information that was obtained under this Act for a
particular purpose must not use the information for any other purpose unless:
(a) the
individual concerned has consented to use of the information for that other
purpose; or
(b) use
of the information for that other purpose is required or authorised by or
under law; or
(c) use
of the information for that other purpose is reasonably necessary for
enforcement of the criminal law or of a law imposing a pecuniary penalty, or
for the protection of the public revenue.
(2) Where
personal information is used for enforcement of the criminal law or of a law
imposing a pecuniary penalty, or for the protection of the public revenue, the
local registration authority must include in the record containing that
information a note of that use.
5—Limits on disclosure for personal information
(1) A
local registration authority who has possession or control of a record that
contains personal information must not disclose the information to a person,
body or agency (other than the individual concerned) unless:
(a) the
individual concerned is reasonably likely to have been aware, or made aware
under the principle set out in clause 2, that information of that kind is
usually passed to that person, body or agency; or
(b) the
individual concerned has consented to the disclosure; or
(c) the
disclosure is required or authorised by or under law; or
(d) the
disclosure is reasonably necessary for the enforcement of the criminal law or
of a law imposing a pecuniary penalty, or for the protection of the public
revenue.
(2) Where
personal information is disclosed for the purposes of enforcement of the
criminal law or of a law imposing a pecuniary penalty, or for the purpose of
the protection of the public revenue, the local registration authority must
include in the record containing that information a note of the disclosure.
(3) A person, body or
agency to whom personal information is disclosed under subclause (1) must
not use or disclose the information for a purpose other than the purpose for
which the information was given to the person, body or agency.