Trans-Tasman Mutual Recognition (Western Australia) Act 2007

 

Trans-Tasman Mutual Recognition (Western Australia) Act 2007

Contents

1.Short title2

2.Commencement2

3.Interpretation2

4.Adoption of Commonwealth Act2

5.Regulations for temporary exemptions for goods3

7.Expiry of Act3

Notes

Compilation table4

Defined terms

 

Trans-Tasman Mutual Recognition ( Western Australia ) Act 2007

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 day on which the Trans-Tasman Mutual Recognition (Western Australia) Amendment Act 2012 receives the Royal Assent) 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.

[Long title amended: No. 57 of 2012 s. 4.]

Background to the enactment of this Act

1.The governments of the Commonwealth, each State of Australia, the Australian Capital Territory, the Northern Territory and New Zealand have entered into an arrangement for the purpose of giving effect to a scheme implementing the recognition within Australia and New Zealand of regulatory standards adopted by each of the parties to the arrangement regarding goods and occupations.

2.The Parliament of New South Wales referred matters to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth so as to enable the enactment and amendment of legislation to provide for the recognition within Australia and New Zealand of regulatory standards adopted in the other country regarding goods and occupations.

3.The Parliament of the Commonwealth has subsequently enacted the Trans‑Tasman Mutual Recognition Act 1997.

The Parliament of Western Australia enacts as follows:

1.Short title

This is the Trans-Tasman Mutual Recognition ( Western Australia ) Act 2007 1.

2.Commencement

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 provision, adoption and adopts have meanings corresponding with that meaning;

Commonwealth Act means the Trans‑Tasman Mutual Recognition Act 1997 of the Commonwealth;

termination day means —

(a)31 January 2023; or

(b)if an earlier day is fixed under subsection (2), that earlier day.

(2)The Governor may, by proclamation, fix a day that is earlier than 31 January 2023 as the day on which the adoption of the Commonwealth Act under this Act ceases to have effect.

[(3)deleted]

[Section 3 amended: No. 57 of 2012 s. 5.]

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 the day on which the Trans‑Tasman Mutual Recognition ( Western Australia ) Amendment Act 2012 receives the Royal Assent.

(2)The adoption of the Commonwealth Act under this Act does not operate so as to give effect to any adopted provision before that provision commences as a law of the Commonwealth.

(3)For the avoidance of doubt, it is the intention of the Parliament of the State that a Schedule to the Commonwealth Act as adopted under this Act may be amended from time to time by regulations made under the Commonwealth Act.

(4)The Minister is to cause a copy of any regulations referred to in subsection (3) to be laid before each House of Parliament within 14 sitting days of that House after the registration of the regulations in the Federal Register of Legislative Instruments 2 maintained under the Legislative Instruments Act 2003 3 of the Commonwealth.

(5)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.

[Section 4 amended: No. 57 of 2012 s. 6.]

5.Regulations for temporary exemptions for goods

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.Deleted: No. 57 of 2012 s. 7.]

7.Expiry of Act

This Act expires at the end of the termination day.

 

Notes

1This is a compilation of the Trans-Tasman Mutual Recognition ( Western Australia ) Act 2007 and includes the amendments made by the other written laws referred to in the following table.

Compilation table

Short title

Number and year

Assent

Commencement

Trans-Tasman Mutual Recognition ( Western Australia ) Act 2007

30 of 2007

6 Dec 2007

s. 1 and 2: 6 Dec 2007;
Act other than s. 1 and 2: 1 Feb 2008 (see s. 2 and Gazette 18 Jan 2008 p. 147)

Trans-Tasman Mutual Recognition ( Western Australia ) Amendment Act 2012

57 of 2012

6 Dec 2012

s. 1 and 2: 6 Dec 2012 (see s. 2(a));
Act other than s. 1 and 2: 7 Dec 2012 (see s. 2(b))

2Now known as the Federal Register of Legislation.

3Now known as the Legislation Act 2003.

 

 

Defined terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined termProvision(s)

adopt3(1)

adopted provision3(1)

adoption3(1)

adopts3(1)

Commonwealth Act3(1)

termination day3(1)