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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Trans-Tasman Mutual Recognition
(Western Australia) Bill 2005
CONTENTS
1. Short title 2
2. Commencement 3
3. Interpretation 3
4. Adoption of Commonwealth Act 3
5. Regulations for temporary exemptions for goods 4
6. Review of mutual recognition arrangements 4
7. Expiry of Act 5
015-3 page i
Western Australia
LEGISLATIVE COUNCIL
(As amended in Committee)
Trans-Tasman Mutual Recognition
(Western Australia) Bill 2005
A Bill for
An Act to adopt the Trans-Tasman Mutual Recognition Act 1997 of
the Parliament of the Commonwealth (including the amendments
made to it before 25 October 2007) which provides for the
recognition within each State and Territory of the Commonwealth of
regulatory standards adopted in New Zealand regarding goods and
occupations, and for related purposes.
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2005
s. 1
Background to the enactment of this Act
1. The governments of the Commonwealth, each State of Australia,
the Australian Capital Territory, the Northern Territory and
New Zealand have entered into an arrangement for the purpose of
giving effect to a scheme implementing the recognition within
Australia and New Zealand of regulatory standards adopted by
each of the parties to the arrangement regarding goods and
occupations.
2. The Parliament of New South Wales referred matters to the
Parliament of the Commonwealth for the purposes of
section 51(xxxvii) of the Constitution of the Commonwealth so as
to enable the enactment and amendment of legislation to provide
for the recognition within Australia and New Zealand of regulatory
standards adopted in the other country regarding goods and
occupations.
3. The Parliament of the Commonwealth has subsequently enacted the
Trans-Tasman Mutual Recognition Act 1997.
The Parliament of Western Australia enacts as follows:
1. Short title
This is the Trans-Tasman Mutual Recognition (Western
Australia) Act 2005.
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2005
s. 2
2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
5 "adopt" has the same meaning as it has in section 51(xxxvii) of
the Constitution of the Commonwealth and "adopted
provision", "adoption" and "adopts" have meanings
corresponding with that meaning;
"Commonwealth Act" means the Trans-Tasman Mutual
10 Recognition Act 1997 of the Commonwealth;
"termination day" means --
(a) the day 5 years after this Act comes into operation; or
(b) if an earlier day is fixed under subsection (2), that
earlier day.
15 (2) The Governor may, by proclamation, fix a day that is within
5 years after this Act comes into operation as the day on which
the adoption of the Commonwealth Act under this Act ceases to
have effect.
(3) A proclamation can be made under subsection (2) whether or
20 not a review has been carried out under section 6.
4. Adoption of Commonwealth Act
(1) Subject to this section, the State of Western Australia adopts the
Commonwealth Act as originally enacted including the
amendments made to it before 25 October 2007.
25 (2) The adoption of the Commonwealth Act under this Act does not
operate so as to give effect to any adopted provision before that
provision commences as a law of the Commonwealth.
(3) For the avoidance of doubt, it is the intention of the Parliament
of the State that a Schedule to the Commonwealth Act as
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2005
s. 5
adopted under this Act may be amended from time to time by
regulations made under the Commonwealth Act.
(4) The Minister is to cause a copy of any regulations referred to in
subsection (3) to be laid before each House of Parliament within
5 14 sitting days of that House after the registration of the
regulations in the Federal Register of Legislative Instruments
maintained under the Legislative Instruments Act 2003 of the
Commonwealth.
(5) The adoption of the Commonwealth Act under this Act --
10 (a) begins to have effect at the beginning of the day on
which this Act comes into operation; and
(b) ceases to have effect at the end of the termination day.
5. Regulations for temporary exemptions for goods
Without limiting any other power to make regulations under any
15 other Act, the Governor may make regulations for the purposes
mentioned in section 46 of the Commonwealth Act as adopted
under this Act.
6. Review of mutual recognition arrangements
(1) The Minister is to review the operation of, and the effect on this
20 State of the operation of, the Commonwealth Act as adopted
under this Act.
(2) On completion of the review, the Minister is to cause a report on
the review to be laid before each House of Parliament
containing a recommendation from the Minister as to whether or
25 not the adoption of the Commonwealth Act by this State should
continue.
(3) The review is to be completed, and the reports laid before each
House of Parliament, not later than 6 months before the day
5 years after this Act comes into operation.
30 (4) If, because either House of Parliament is not sitting, the report
cannot be laid before that House within the time required by
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Trans-Tasman Mutual Recognition (Western Australia) Bill 2005
s. 7
subsection (3), the Minister may comply with the requirement to
lay the report before that House by --
(a) giving a copy of the report to the Clerk of that House
within that time; and
5 (b) immediately causing the report to be printed and made
available to the public.
(5) A copy of a report given to the Clerk of a House under
subsection (4) is to be laid before that House on its next sitting
day.
10 7. Expiry of Act
This Act expires at the end of the termination day.
page 5
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