Trans-Tasman Mutual Recognition (South Australia) Act 1999

This Act may be cited as the Trans-Tasman Mutual Recognition (South Australia) Act 1999.

In this Act, unless the contrary intention appears—

the Commonwealth Act means the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth (the text of which is set out in the Appendix).

The following are adopted under section 51(xxxvii) of the Commonwealth Constitution as law of the State:

the Commonwealth Act; and

any amendments from time to time made to that Act by regulations under the Act.

The adoption under subsection (1) has effect for a period commencing on the day on which this Act comes into operation (but not so as to give effect to any adopted provision before it comes into operation under the Commonwealth Act) and ending on a day fixed under subsection (3) as the day on which the adoption terminates.

The Governor may, by proclamation, fix a day on which the adoption under subsection (1) will terminate.

Without limiting the power to make regulations under any other Act, the Governor may make regulations for the purposes of section 46 of the Commonwealth Act.

This 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

This Act may be cited as the Trans-Tasman Mutual Recognition Act 1997.

2—Commencement

This Part commences on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

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.

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.

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:

for New Zealand—a Minister of the Crown for New Zealand; or

for the Commonwealth—the Governor-General of Australia; or

for a State (other than a Territory)—the Governor of the State or a Minister of the Crown for the State; or

for the Australian Capital Territory—the Chief Minister for the Territory; or

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:

animals or plants; or

material of microbial origin; or

a package containing goods; or

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.

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.

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.

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.

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.

Subject to this section:

this Act has effect despite anything in any other law of the Commonwealth enacted or made before the commencement of this section; and

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.

Subject to subsection 51(2), nothing in this Act affects the operation of the Mutual Recognition Act 1992.

The laws specified or described in this Schedule are excluded from the operation of this Act, so far as they relate to:

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

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

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

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.

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.

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

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

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