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TASMANIA
__________
TRANS-TASMAN MUTUAL RECOGNITION
(TASMANIA) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Interpretation
4. Adoption of Commonwealth Act
5. End of adoption of Commonwealth Act
6. Regulations for temporary exemptions
7. Validation
8. Saving of acts done due to expiry
9. Limitation of liability
10. Transitional regulations
11. Administration of Act
[Bill 67]-I
2
TRANS-TASMAN MUTUAL RECOGNITION
(TASMANIA) BILL 2003
(Brought in by the Secretary to Cabinet, Steven Kons)
A BILL FOR
An Act to adopt the Trans-Tasman Mutual
Recognition Act 1997 of the Commonwealth and for
other purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Trans-Tasman Mutual
Recognition (Tasmania) Act 2003.
Commencement
2. (1) Sections 8, 9 and 10 commence on the day on which
this Act receives the Royal Assent.
(2) The remaining provisions of this Act are taken to
have commenced on 2 May 2003.
Interpretation
3. In this Act
[Bill 67] 3
s. 4 No. Trans-Tasman Mutual Recognition 2003
(Tasmania)
"adopted" means adopted by this Act;
"Commonwealth Act" means the Trans-Tasman
Mutual Recognition Act 1997 of the
Commonwealth;
"previous Act" means the Trans-Tasman Mutual
Recognition (Tasmania) Act 1998.
Adoption of Commonwealth Act
4. (1) The Commonwealth Act, as originally enacted and
as amended from time to time by regulations made in
accordance with the Commonwealth Act, is adopted within
the meaning of section 51(xxxvii) of the Constitution of the
Commonwealth.
(2) The adoption has effect for a period commencing
on the day this section commences and ending on the day
fixed under section 5 as the day on which the adoption
ends.
End of adoption of Commonwealth Act
5. The Governor may, at any time, fix by regulation a day
as the day on which the adoption of the Commonwealth
Act under section 4(1) ends.
Regulations for temporary exemptions
6. Without limiting any other power under any other Act,
the Governor may make regulations for the purposes
mentioned in section 46 of the Commonwealth Act as
adopted.
4
2003 Trans-Tasman Mutual Recognition No. s. 7
(Tasmania)
Validation
7. (1) This section applies to any thing done, or
purporting to have been done, after the expiry of the
previous Act and before the enactment of this Act, and to
which the previous Act would have had application if it
had not expired.
(2) The thing is taken to have, and always to have
had, the same effect as it would have had if the previous
Act had not expired.
(3) However, if the thing was done because of the
expiry, this section is subject to section 8.
Saving of acts done due to expiry
8. (1) The adoption of the Commonwealth Act under
section 4 during the expiry period does not apply to an act
done by a local registration authority during the expiry
period if the act
(a) was done because of the expiry; and
(b) was valid when done; and
(c) would, except for the expiry, be invalid if the
Commonwealth Act were applied to it.
(2) Without limiting subsection (1), the adoption of
the Commonwealth Act under section 4 during the expiry
period does not apply to the extent of requiring the
counting of any period for the purposes of Part 3 of the
Commonwealth Act during the expiry period.
(3) Subsection (2) does not apply to the counting of a
period by a local registration authority for the purposes of
Part 3 of the Commonwealth Act, if the local registration
authority counted the period despite the expiry.
5
s. 9 No. Trans-Tasman Mutual Recognition 2003
(Tasmania)
(4) In this section, a reference to the doing of an act
includes a reference to the making of an omission.
(5) In this section
"expiry" means the expiry of the previous Act;
"expiry period" means the period between the
expiry and the commencement of this section;
"local registration authority" means a local
registration authority as defined under the
Commonwealth Act in relation to Tasmania.
Limitation of liability
9. (1) A person is not liable for any loss or damage arising
from any thing to which section 7(2) applies if the person
would not have been liable for the loss or damage if the
previous Act had not expired before the thing was done or
purported to be done.
(2) A person is not liable for any loss or damage
arising out of any act of a local registration authority
during the expiry period to the extent the act is done
(a) on the basis that the previous Act had expired;
or
(b) on the basis that the previous Act had not
expired or as if the previous Act had not
expired; or
(c) on the basis that the Commonwealth Act
would again be adopted for Tasmania,
whether or not for the expiry period.
(3) In this section
6
2003 Trans-Tasman Mutual Recognition No. s. 10
(Tasmania)
"expiry period" means the period between the
expiry of the previous Act and the
commencement of this section;
"local registration authority" means a local
registration authority as defined under the
Commonwealth Act in relation to Tasmania;
"person" includes the State and a local registration
authority.
Transitional regulations
10. (1) The Governor may make regulations to make
provision about a matter for which
(a) it is necessary to make provision
(i) to allow or facilitate the doing of any
thing to achieve the transition from the
operation of the previous Act to the
operation of this Act; or
(ii) without limiting subparagraph (i), to
provide for any thing done or not done
between the expiry of the previous Act
and the enactment of this Act; and
(b) this Act does not make provision or sufficient
provision.
(2) The regulations may have retrospective effect to
a day not earlier than 2 May 2003.
7
s. 11 No. Trans-Tasman Mutual Recognition 2003
(Tasmania)
Administration of Act
11. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Treasurer; and
(b) the department responsible to the Treasurer
in relation to the administration of this Act is
the Department of Treasury and Finance.
8 Government Printer, Tasmania