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TRANS-TASMAN MUTUAL RECOGNITION (WESTERN AUSTRALIA) BILL 2002

                     Western Australia



Trans-Tasman Mutual Recognition (Western
          Australia) Bill 2002

                        CONTENTS

1.   Short title                                       3
2.   Commencement                                      3
3.   Interpretation                                    3
4.   Adoption of Commonwealth Act                      4
5.   Regulations for temporary exemptions for goods    4
6.   Review of mutual recognition arrangements         4
7.   Expiry of Act                                     5




                                                      page i
                         134--1B
                         Western Australia



                    LEGISLATIVE COUNCIL



  Trans-Tasman Mutual Recognition (Western
            Australia) Bill 2002


                             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 the enactment of this Act) 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 2002




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:




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                 Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



                                                                            s. 1




     1.         Short title
                This Act may be cited as the Trans-Tasman Mutual Recognition
                (Western Australia) Act 2002.

     2.         Commencement
5               This Act comes into operation on a day fixed by proclamation.

     3.         Interpretation
          (1)   In this Act, unless the contrary intention appears --
                "adopt" has the same meaning as it has in section 51(xxxvii) of
                     the Constitution of the Commonwealth and "adopted
10                   provision", "adoption" and "adopts" have meanings
                     corresponding with that meaning;
                "Commonwealth Act" means the Trans-Tasman Mutual
                     Recognition Act 1997 of the Commonwealth;
                "original Commonwealth Act" means the Commonwealth Act
15                   as originally enacted;
                "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.
20        (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
25              not a review has been carried out under section 6.




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     Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


     s. 4



     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 this Act receives the Royal
5               Assent.
                NOTE:    The text of the Commonwealth Act (as at the time of the enactment
                         of this Act) is set out in a note at the end of this Act.

          (2)   The adoption of the Commonwealth Act under this Act does not
                operate so as to give effect to any adopted provision before that
10              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
                adopted under this Act may be amended from time to time by
                regulations made under the Commonwealth Act.
15        (4)   The adoption of the Commonwealth Act under this Act --
                 (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
20              Without limiting any other power to make regulations under any
                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
25        (1)   The Minister is to review the operation of, and the effect on this
                State of the operation of, the Commonwealth Act as adopted
                under this Act.



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                 Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



                                                                               s. 7



          (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
                not the adoption of the Commonwealth Act by this State should
5               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.
          (4)   If, because either House of Parliament is not sitting, the report
10              cannot be laid before that House within the time required by
                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
15                (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.

20   7.         Expiry of Act
                This Act expires at the end of the termination day.




                                                                             page 5
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


Note            Commonwealth Trans-Tasman Mutual Recognition Act 1997



                                           NOTE
                Commonwealth of Australia


Trans-Tasman Mutual Recognition Act 1997
An Act to provide for the recognition within Australia of
regulatory standards adopted in New Zealand regarding goods
and occupations

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 Entitlement to sell goods
           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




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        Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



Commonwealth Trans-Tasman Mutual Recognition Act 1997                                 Note



          Division 3--Interim arrangements
          24 Deemed registration
          25 Duration of deemed registration
          26 Activities under deemed registration
          Division 4--Equivalent occupations
          27   Equivalent occupations
          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)



                                                                                     page 7
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


Note           Commonwealth Trans-Tasman Mutual Recognition Act 1997



           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   Radiocommunications devices
           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




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             Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                      Note



Trans-Tasman Mutual Recognition Act 1997
No. 190, 1997


[Incorporating amendments effected by --
•  Trans-Tasman Mutual Recognition Regulations 1999 (SR No. 60 of 1999)
•  Statute Stocktake Act 1999 (Act No. 118 of 1999)
•  Trans-Tasman Mutual Recognition Regulations 2000 (No. 1)
       (SR No. 51 of 2000)
•  Trans-Tasman Mutual Recognition Regulations 2001 (No. 1)
       (SR No. 75 of 2001)
•  Trans-Tasman Mutual Recognition Act 1997 Amendment Regulations 2001
       (No. 1) (SR No. 221 of 2001)
•  Trans-Tasman Mutual Recognition Amendment Regulations 2002 (No. 1)
       (SR 2002 No. 78). ]

An Act to provide for the recognition within Australia of
regulatory standards adopted in New Zealand regarding
goods and occupations
The Parliament of Australia enacts:

Part 1--Preliminary
1 Short title
            This Act may be cited as the Trans-Tasman Mutual Recognition Act 1997.
2 Commencement
    (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.
3 Principal purpose
    (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.



                                                                                           page 9
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


Note              Commonwealth Trans-Tasman Mutual Recognition Act 1997



     (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.
4 Interpretation
    (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.



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             Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                       Note



              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




                                                                                          page 11
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


Note              Commonwealth Trans-Tasman Mutual Recognition Act 1997



           (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.
8 Crown bound
          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.
10 Entitlement to sell goods
           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.




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             Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                               Note



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



                                                                                                   page 13
Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


Note              Commonwealth Trans-Tasman Mutual Recognition Act 1997



           (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.



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              Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                       Note



     (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.
17 Application of this Part
    (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.




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Trans-Tasman Mutual Recognition (Western Australia) Bill 2002


Note              Commonwealth Trans-Tasman Mutual Recognition Act 1997



     (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.
20 Action following notice
    (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.



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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.
23 Notification of decision
           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.




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     (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.


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     (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.
28 General principle
    (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


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                  (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.
31 Declarations by Ministers
    (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
32 Disciplinary action
    (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.
33 Review of decisions
    (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.




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     (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.
34 Costs
          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.




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      (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.
36   Residence or domicile
            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.
37   Furnishing information
      (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.
38   Receiving information
            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


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            (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.
40 Fees
    (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.
42 Saving
          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.
44 Exclusions
    (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.



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     (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.
45 Permanent exemptions
    (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.
46 Temporary exemptions
    (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.



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           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.
48 Special exemptions
    (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).



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     (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;



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           (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.




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                           Schedule 1--Exclusions
Note:    See section 44.


Part 1--Introduction
1 Excluded laws
    (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




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 Commonwealth Trans-Tasman Mutual Recognition Act 1997                               Note



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
               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




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Note             Commonwealth Trans-Tasman Mutual Recognition Act 1997



                   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.




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 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                         Note




             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
1 Quarantine
          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.
2 Endangered species
          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
3 Commonwealth
      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




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        Other
              Imported Food Control Act 1992 (to the extent that it deals with risk
                   categorised food commodities)
4 New South Wales
        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
5 Victoria
        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)
6 Queensland
        Firearms and other prohibited or offensive weapons
              Weapons Act 1990
        Fireworks
              Explosives Act 1952 (to the extent that it deals with fireworks)



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 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                    Note



        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 Act 1977
              Firearms Regulations 1993
              Summary Offences Act 1953, sections 15 and 15A
              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 Act 1992
              Gaming Machines Regulations 1993
        Indecent material
              Classification (Publications, Films and Computer Games) Act 1995
              Summary Offences Act 1953, sections 33 and 35



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Note             Commonwealth Trans-Tasman Mutual Recognition Act 1997



       Ozone protection
             Environment Protection Act 1993, Part 8, Division 3
       Other
             Environment Protection Act 1993, Part 8, Division 2 (dealing with
                  beverage containers)
9 Tasmania
       Firearms and other prohibited or offensive weapons
             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




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 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                 Note



11 Northern Territory
       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




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Note             Commonwealth Trans-Tasman Mutual Recognition Act 1997




                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


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Commonwealth Trans-Tasman Mutual Recognition Act 1997                                   Note



          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
          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
          Trade Practices Act 1974 of the Commonwealth, Division 1A of Part V, to
               the extent that it relates to the regulation of the following goods or
               issues in relation to goods:
                 (i)      child restraints for motor vehicles;
                (ii)      sunglasses and fashion spectacles;


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Note              Commonwealth Trans-Tasman Mutual Recognition Act 1997



                   (iii)     health warnings on tobacco products
            Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 and 38, to
                   the extent that those sections relate to the regulation of the following
                   goods:
                     (i)     child restraints for motor vehicles;
                    (ii)     sunglasses and fashion spectacles
            Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A, to the
                   extent that those sections relate to the regulation of the following
                   goods:
                     (i)     child restraints for motor vehicles;
                    (ii)     sunglasses and fashion spectacles
            Trade Standards Act 1979 of South Australia, sections 23, 26A and 33, to
                   the extent that those sections relate to the regulation of sunglasses
                   and fashion spectacles
            Consumer Affairs Act 1971 of Western Australia, sections 23Q, 23R and
                   23U, to the extent that those sections relate to the regulation of the
                   following goods:
                     (i)     child restraints for motor vehicles;
                    (ii)     sunglasses and fashion spectacles
            Fair Trading Act 1987 of Western Australia, sections 50 and 59, to the
                   extent that those sections relate to the regulation of the following
                   goods:
                     (i)     child restraints for motor vehicles;
                    (ii)     sunglasses and fashion spectacles
3 Radiocommunications devices
       Radiocommunications Act 1992 of the Commonwealth, other than Division 7 of
              Part 4.1 of that Act to the extent that the Division deals with labelling a
              device in accordance with the Radiocommunications (Compliance
              Labelling -- Incidental Emissions) Notice 2001 made under section 182
              of that Act.
                 Note: The Radiocommunications (Compliance Labelling -- Incidental Emissions)
                       Notice 2001 applies to devices to which the Radiocommunications
                       (Electromagnetic Compatibility) Standard 2001 applies.
4 Road vehicles
        Motor Vehicle Standards Act 1989 of the Commonwealth
5 Gas appliances
        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



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Commonwealth Trans-Tasman Mutual Recognition Act 1997                                     Note



     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




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Note             Commonwealth Trans-Tasman Mutual Recognition Act 1997




           Schedule 4--Exempt laws relating to
                      occupations
Note:   See section 49.
1 Exempt laws
      The laws specified or described in this Schedule are exempt from the operation of this Act
            to the extent indicated.
2 Medical practitioners
       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.




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              Trans-Tasman Mutual Recognition (Western Australia) Bill 2002



 Commonwealth Trans-Tasman Mutual Recognition Act 1997                                       Note




   Schedule 5--Privacy of information collected
                under the Act
Note:     See section 39.


Part 1--Interpretation
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



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           (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.


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Commonwealth Trans-Tasman Mutual Recognition Act 1997                                   Note



  (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.




 


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