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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) BILL 2003
Queensland TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) BILL 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5 Adoption of the Commonwealth Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 End of adoption of the Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Endorsing proposed regulations under the Commonwealth Act . . . . . . . . . . 7 8 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Attachment--Commonwealth Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Validation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Amendment of Acts in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 9 AMENDMENT OF ACTS ARCHITECTS ACT 2002. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 CHIROPRACTORS REGISTRATION ACT 2001 . . . . . . . . . . . . . . . . . . . . 9 DENTAL PRACTITIONERS REGISTRATION ACT 2001 . . . . . . . . . . . . 9 DENTAL TECHNICIANS AND DENTAL PROSTHETISTS REGISTRATION ACT 2001. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 MEDICAL PRACTITIONERS REGISTRATION ACT 2001 . . . . . . . . . . . 10 MEDICAL RADIATION TECHNOLOGISTS REGISTRATION ACT 2001 10 OCCUPATIONAL THERAPISTS REGISTRATION ACT 2001. . . . . . . . . 11
2 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 OPTOMETRISTS REGISTRATION ACT 2001 . . . . . . . . . . . . . . . . . . . . . 11 OSTEOPATHS REGISTRATION ACT 2001 . . . . . . . . . . . . . . . . . . . . . . . . 11 PHARMACISTS REGISTRATION ACT 2001 . . . . . . . . . . . . . . . . . . . . . . 12 PHYSIOTHERAPISTS REGISTRATION ACT 2001 . . . . . . . . . . . . . . . . . 12 PODIATRISTS REGISTRATION ACT 2001. . . . . . . . . . . . . . . . . . . . . . . . 12 PROFESSIONAL ENGINEERS ACT 2002 . . . . . . . . . . . . . . . . . . . . . . . . . 12 PSYCHOLOGISTS REGISTRATION ACT 2001 . . . . . . . . . . . . . . . . . . . . 13 SPEECH PATHOLOGISTS REGISTRATION ACT 2001. . . . . . . . . . . . . . 13 VETERINARY SURGEONS ACT 1936 . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ATTACHMENT . . . . . . . . . . . . . . . . . . . . . . . 14 COMMONWEALTH ACT PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 Principal purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 5 Operation of this Act in relation to the Commonwealth . . . . . . . . . . . . . . . . 17 6 Operation of this Act in relation to the States . . . . . . . . . . . . . . . . . . . . . . . . 18 7 Operation of this Act in relation to New Zealand . . . . . . . . . . . . . . . . . . . . . 18 8 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 2--GOODS 9 Trans-Tasman mutual recognition principle . . . . . . . . . . . . . . . . . . . . . . . . . 19 10 Entitlement to sell goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 11 Requirements that do not need to be complied with . . . . . . . . . . . . . . . . . . . 19 12 Requirements that do need to be complied with . . . . . . . . . . . . . . . . . . . . . . 20 13 Defences to offences regarding sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 Goods that comply with local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 3--OCCUPATIONS Division 1--Preliminary 15 Trans-Tasman mutual recognition principle . . . . . . . . . . . . . . . . . . . . . . . . . 22 16 Entitlement to carry on occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Application of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
3 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 Division 2--Entitlement to registration 18 Notification to local registration authority . . . . . . . . . . . . . . . . . . . . . . . . . . 23 19 Entitlement to registration and continued registration . . . . . . . . . . . . . . . . . 25 20 Action following notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 21 Postponement of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22 Refusal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 23 Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 3--Interim arrangements 24 Deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 25 Duration of deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 26 Activities under deemed registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 4--Equivalent occupations 27 Equivalent occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 28 General principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 29 Declarations as to equivalent occupations. . . . . . . . . . . . . . . . . . . . . . . . . . . 30 30 Declarations by Australian Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 31 Declarations by Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 5--General provisions 32 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 33 Review of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 34 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 35 Co-operation with and membership of Trans-Tasman Occupations Tribunal (NZ) ..................................................... 33 36 Residence or domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 37 Furnishing information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 38 Receiving information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 39 General responsibilities of local registration authorities . . . . . . . . . . . . . . . . 35 40 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 41 Formalities requiring personal attendance . . . . . . . . . . . . . . . . . . . . . . . . . . 36 42 Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 PART 4--EXCLUSIONS AND EXEMPTIONS 43 References to endorsing a proposed regulation. . . . . . . . . . . . . . . . . . . . . . . 37
4 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 44 Exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 45 Permanent exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 46 Temporary exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 47 Continuation of temporary exemptions to enable implementation of ministerial agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 48 Special exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 49 Exemptions relating to occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PART 5--GENERAL 50 References to participating jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 51 Application of Trans-Tasman mutual recognition principle . . . . . . . . . . . . . 42 52 Machinery provisions regarding limitations etc. . . . . . . . . . . . . . . . . . . . . . . 42 53 Determining place of production. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 54 Commonwealth regulations for temporary exemptions . . . . . . . . . . . . . . . . 43 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 44 EXCLUSIONS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 48 PERMANENT EXEMPTIONS SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 57 SPECIAL EXEMPTIONS SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 62 EXEMPT LAWS RELATING TO OCCUPATIONS SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . 63 PRIVACY OF INFORMATION COLLECTED UNDER THE ACT
2003 A BILL FOR An Act to adopt the Trans-Tasman Mutual Recognition Act 1997 (Cwlth), and for other purposes
s1 6 s5 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 The Parliament of Queensland enacts-- 1 1 Short title 2 This Act may be cited as the Trans-Tasman Mutual Recognition 3 (Queensland) Act 2003. 4 2 Commencement 5 This Act, other than section 12 and the schedule, is taken to have 6 commenced on 1 May 2003. 7 3 Purpose 8 The purpose of this Act is to adopt the Trans-Tasman Mutual 9 Recognition Act 1997 (Cwlth). 10 4 Definitions 11 In this Act-- 12 "adopted" means adopted by this Act. 13 "Commonwealth Act" means the Trans-Tasman Mutual Recognition 14 Act 1997 (Cwlth). 15 "previous Act" means the Trans-Tasman Mutual Recognition 16 (Queensland) Act 1999. 17 5 Adoption of the Commonwealth Act 18 (1) The Commonwealth Act, as originally enacted and as amended from 19 time to time by regulations made under the Commonwealth Act, is adopted 20
s6 7 s9 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 under the Commonwealth of Australia Constitution Act, 1 section 51(xxxvii).1 2 (2) The adoption has effect for a period commencing on the day this 3 section commences and ending on the day fixed under section 6 as the day 4 on which the adoption ends. 5 6 End of adoption of the Commonwealth Act 6 The Governor in Council may, at any time, fix by regulation a day as the 7 day on which the adoption of the Commonwealth Act under section 5(1) 8 ends. 9 7 Endorsing proposed regulations under the Commonwealth Act 10 (1) The Governor may make a gazette notice for the Commonwealth 11 Act, section 43(1), as adopted.2 12 (2) However, the Governor may only make a particular gazette notice 13 under subsection (1) by the express authority of an Act. 14 8 Regulation-making power 15 The Governor in Council may make regulations under the 16 Commonwealth Act, section 46, as adopted.3 17 9 Attachment--Commonwealth Act 18 (1) Attached to this Act is a copy of the Commonwealth Act as adopted. 19 1 The Commonwealth of Australia Constitution Act, section 51 provides-- `51. The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: ... (xxxvii.) Matters referred to the Parliament of the Commonwealth by the Parliament or Parliaments of any State or States, but so that the law shall extend only to States by whose Parliaments the matter is referred, or which afterwards adopt the law;'. 2 Commonwealth Act, section 43 (References to endorsing a proposed regulation) 3 Commonwealth Act, section 46 (Temporary exemptions)
s 10 8 s 12 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 (2) The attachment is not part of this Act. 1 (3) The attachment must be revised so that it is an accurate copy of the 2 Commonwealth Act as amended from time to time and adopted under 3 section 5(1). 4 (4) The revision under subsection (3) must happen in the first reprint of 5 this Act after an amendment of the Commonwealth Act. 6 10 Validation 7 (1) This section applies to anything done, or purporting to have been 8 done, after the expiry of the previous Act and before the enactment of this 9 Act, and to which the previous Act would have had application if it had not 10 expired. 11 (2) The thing is taken to have, and always to have had, the same effect as 12 it would have had if the previous Act had not expired. 13 11 Review of Act 14 The Minister must review this Act by 30 April 2008 to decide whether 15 the provisions of this Act remain appropriate. 16 12 Amendment of Acts in schedule 17 The schedule amends the Acts mentioned in it. 18
9 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 SCHEDULE 1 AMENDMENT OF ACTS 2 section 12 3 ARCHITECTS ACT 2002 4 1 Section 6, `1999'-- 5 omit, insert-- 6 `2003'. 7 CHIROPRACTORS REGISTRATION ACT 2001 8 1 Section 6, `1999'-- 9 omit, insert-- 10 `2003'. 11 DENTAL PRACTITIONERS REGISTRATION ACT 2001 12 1 Section 6, `1999'-- 13 omit, insert-- 14 `2003'. 15
10 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 SCHEDULE (continued) DENTAL TECHNICIANS AND DENTAL 1 PROSTHETISTS REGISTRATION ACT 2001 2 1 Section 6, `1999'-- 3 omit, insert-- 4 `2003'. 5 MEDICAL PRACTITIONERS REGISTRATION ACT 6 2001 7 1 Section 6, `1999'-- 8 omit, insert-- 9 `2003'. 10 MEDICAL RADIATION TECHNOLOGISTS 11 REGISTRATION ACT 2001 12 1 Section 6, `1999'-- 13 omit, insert-- 14 `2003'. 15
11 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 SCHEDULE (continued) OCCUPATIONAL THERAPISTS REGISTRATION 1 ACT 2001 2 1 Section 6, `1999'-- 3 omit, insert-- 4 `2003'. 5 OPTOMETRISTS REGISTRATION ACT 2001 6 1 Section 6, `1999'-- 7 omit, insert-- 8 `2003'. 9 OSTEOPATHS REGISTRATION ACT 2001 10 1 Section 6, `1999'-- 11 omit, insert-- 12 `2003'. 13
12 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 SCHEDULE (continued) PHARMACISTS REGISTRATION ACT 2001 1 1 Section 7, `1999'-- 2 omit, insert-- 3 `2003'. 4 PHYSIOTHERAPISTS REGISTRATION ACT 2001 5 1 Section 6, `1999'-- 6 omit, insert-- 7 `2003'. 8 PODIATRISTS REGISTRATION ACT 2001 9 1 Section 6, `1999'-- 10 omit, insert-- 11 `2003'. 12 PROFESSIONAL ENGINEERS ACT 2002 13 1 Section 6, `1999'-- 14 omit, insert-- 15 `2003'. 16
13 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 SCHEDULE (continued) PSYCHOLOGISTS REGISTRATION ACT 2001 1 1 Section 6, `1999'-- 2 omit, insert-- 3 `2003'. 4 SPEECH PATHOLOGISTS REGISTRATION ACT 2001 5 1 Section 6, `1999'-- 6 omit, insert-- 7 `2003'. 8 VETERINARY SURGEONS ACT 1936 9 1 Section 3, `1999'-- 10 omit, insert-- 11 `2003'. 12
14 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT 1 COMMONWEALTH ACT 2 section 9 3 An Act to provide for the recognition within Australia of regulatory 4 standards adopted in New Zealand regarding goods and 5 occupations 6 PART 1--PRELIMINARY 7 1 Short title 8 This Act may be cited as the Trans-Tasman Mutual Recognition 9 Act 1997. 10 2 Commencement 11 (1) This Part commences on the day on which this Act receives the Royal 12 Assent. 13 (2) The remaining provisions of this Act commence on a day or days to 14 be fixed by Proclamation. 15 3 Principal purpose 16 (1) The principal purpose of this Act is to enact legislation authorised by 17 the Parliaments of States under paragraph (xxxvii) of section 51 of the 18 Commonwealth Constitution, and requested by the legislatures of the 19 Australian Capital Territory and the Northern Territory, for the purpose of 20 recognising within Australia regulatory standards adopted in New Zealand 21 regarding goods and occupations. 22 (2) The legislation is as contemplated by the Trans-Tasman Mutual 23 Recognition Arrangement entered into on 9 July 1996 between the 24
15 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) Commonwealth of Australia, New Zealand, the States of New South Wales, 1 Victoria, Queensland, Western Australia, South Australia and Tasmania, the 2 Australian Capital Territory and the Northern Territory. 3 4 Interpretation 4 (1) In this Act, unless the contrary intention appears-- 5 "Australia" means Australia in a geographical sense, and does not include 6 the external territories. 7 `Australian jurisdiction" means a participating jurisdiction, other than 8 New Zealand. 9 "Australian Tribunal" means the Administrative Appeals Tribunal or a 10 successor to that body. 11 "conditions", when used in relation to occupations, means conditions, 12 limitations or restrictions. 13 "deemed registration" means deemed registration as defined in 14 section 24. 15 "designated person" means-- 16 (a) for New Zealand--a Minister of the Crown for New Zealand; or 17 (b) for the Commonwealth--the Governor-General of Australia; or 18 (c) for a State (other than a Territory)--the Governor of the State or 19 a Minister of the Crown for the State; or 20 (d) for the Australian Capital Territory--the Chief Minister for the 21 Territory; or 22 (e) for the Northern Territory--the Administrator of the Territory. 23 "equivalent", when used in relation to occupations, has a meaning affected 24 by Division 4 of Part 3. 25 "goods" means goods of any kind, and includes-- 26 (a) animals or plants; or 27 (b) material of microbial origin; or 28 (c) a package containing goods; or 29
16 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (d) a label attached to goods. 1 "grant", when used in relation to registration, means grant, issue or 2 otherwise confer registration. 3 "import" into an Australian jurisdiction means import from outside 4 Australia. 5 "labelling of goods" includes any means by which, at the point of sale, 6 information is attached to goods or is displayed in relation to goods 7 without being attached to them. 8 "local registration authority" of a participating jurisdiction for an 9 occupation means the person or authority in the jurisdiction having the 10 function conferred by legislation of registering persons in connection 11 with their carrying on that occupation in the jurisdiction. 12 "New Zealand" has the meaning given by the Acts Interpretation Act 1924 13 of New Zealand, as in force from time to time. 14 "New Zealand Act" means the Act of the Parliament of New Zealand (as 15 amended and in force from time to time) that deals with Trans-Tasman 16 mutual recognition and corresponds to this Act, and includes any Act 17 replacing that Act (as amended and in force from time to time). 18 "New Zealand Tribunal" means the Trans-Tasman Occupations Tribunal 19 of New Zealand or a successor to that body. 20 "occupation" means an occupation, trade, profession or calling of any 21 kind that may be carried on only by registered persons, where 22 registration is wholly or partly dependent on the attainment or 23 possession of some qualification (for example, training, education, 24 examination, experience, character or being fit or proper), and 25 includes a specialisation in any of the above in which registration may 26 be granted. 27 "participating jurisdiction" has the meaning given by section 50. 28 "produce" includes to manufacture, and also includes to harvest or 29 otherwise produce in the course of any form of primary production. 30 "registration" includes the licensing, approval, admission, certification 31 (including by way of practising certificates), or any other form of 32 authorisation, of a person required by or under legislation for carrying 33 on an occupation. 34
17 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) "requirements", when used in relation to goods, means requirements, 1 prohibitions, restrictions or conditions. 2 "sell" includes sell by wholesale or retail, and includes distribute for sale, 3 expose or offer for sale or have in possession for sale or agree to sell, 4 and includes barter, and includes supply by way of exchange, lease, 5 hire or hire-purchase. 6 "State" includes the Australian Capital Territory or the Northern Territory. 7 "substantive registration" means registration under a law of a 8 participating jurisdiction, but does not include deemed registration. 9 (2) A law specified or described in a Schedule to this Act includes 10 (unless otherwise stated in the Schedule) any relevant regulations or other 11 statutory instruments under that law. 12 (3) A law specified or described in a Schedule to this Act, including any 13 relevant regulations or other statutory instruments under that law, includes 14 (unless otherwise stated in the Schedule) any amendment or replacement of 15 that law, but only to the extent that the effect of the amendment or 16 replacement does not restrict the scope of this Act. 17 (4) A reference in this Act to the designated person is, in relation to a 18 participating jurisdiction for which there is or can be more than one 19 designated person, a reference to any one of them. 20 (5) This Act is to be interpreted in accordance with the Acts 21 Interpretation Act 1901 as in force at the date on which this Act receives 22 the Royal Assent. 23 5 Operation of this Act in relation to the Commonwealth 24 (1) Subject to this section-- 25 (a) this Act has effect despite anything in any other law of the 26 Commonwealth enacted or made before the commencement of 27 this section; and 28 (b) any law of the Commonwealth enacted or made after the 29 commencement of this section is to be construed as having effect 30 subject to this Act, except where that law expressly overrides this 31 Act. 32
18 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (2) Subject to subsection 51(2), nothing in this Act affects the operation 1 of the Mutual Recognition Act 1992. 2 6 Operation of this Act in relation to the States 3 (1) This Act applies to a State, but only while it is a participating 4 jurisdiction. 5 (2) Accordingly, a reference in this Act to a State is a reference to a State 6 that is a participating jurisdiction, and this Act does not affect the operation 7 of the laws of a State that is not a participating jurisdiction. 8 (3) This Act does not affect the operation of a law of a State so far as it 9 can operate concurrently with this Act. 10 7 Operation of this Act in relation to New Zealand 11 (1) The Governor-General may declare by Proclamation that this Act 12 will cease to have effect on a specified day, if satisfied that-- 13 (a) New Zealand is not a participating jurisdiction and is not likely to 14 become a participating jurisdiction in the near future; or 15 (b) New Zealand is a participating jurisdiction but is likely to cease 16 to be a participating jurisdiction in the near future. 17 (2) Such a Proclamation cannot be made unless the designated person 18 for each of the participating jurisdictions (other than New Zealand and the 19 Commonwealth) has published a notice in the official gazette of the 20 jurisdiction requesting the making of the Proclamation. 21 (3) Such a Proclamation is effective according to its terms. 22 8 Crown bound 23 Subject to section 6, this Act binds the Crown in right of the 24 Commonwealth and of each of the States. 25
19 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) PART 2--GOODS 1 9 Trans-Tasman mutual recognition principle 2 (1) The Trans-Tasman mutual recognition principle as applying to goods 3 is as set out in this Part. 4 (2) This Part deals with goods produced in or imported into New 5 Zealand and their sale in Australia. 6 10 Entitlement to sell goods 7 The Trans-Tasman mutual recognition principle is that, subject to this 8 Part, goods produced in or imported into New Zealand, that may lawfully 9 be sold in New Zealand, either generally or in particular circumstances, 10 may, by virtue of this Act, be sold in an Australian jurisdiction either 11 generally or in particular circumstances (as the case may be), without the 12 necessity for compliance with further requirements imposed by or under 13 the law of that jurisdiction as described in section 11. 14 11 Requirements that do not need to be complied with 15 The further requirements referred to in section 10 are any one or more of 16 the following requirements relating to sale that are imposed by or under the 17 law of the Australian jurisdiction concerned-- 18 (a) a requirement that the goods satisfy standards of the jurisdiction 19 relating to the goods themselves, including for example 20 requirements relating to their production, composition, quality or 21 performance; 22 (b) a requirement that the goods satisfy standards of the jurisdiction 23 relating to the way the goods are presented, including for 24 example requirements relating to their packaging, labelling, date 25 stamping or age; 26 (c) a requirement that the goods be inspected, passed or similarly 27 dealt with in or for the purposes of the jurisdiction; 28 (d) a requirement that any step in the production of the goods not 29 occur outside the jurisdiction; 30
20 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (e) any other requirement relating to sale that would prevent or 1 restrict, or would have the effect of preventing or restricting, the 2 sale of the goods in the jurisdiction. 3 12 Requirements that do need to be complied with 4 (1) The Trans-Tasman mutual recognition principle is subject to the 5 exceptions specified in this section. 6 (2) The first exception is that the principle does not affect the operation 7 of any laws of an Australian jurisdiction that regulate the manner of the sale 8 of goods in the jurisdiction or the manner in which sellers conduct or are 9 required to conduct their business in the jurisdiction (including laws set out 10 in the examples below), so long as those laws apply equally to goods 11 produced in or imported into the jurisdiction. 12 13 Examples: Laws relating to the following-- 14 (a) the contractual aspects of the sale of goods; 15 (b) the registration of sellers or other persons carrying on occupations; 16 (c) the requirement for business franchise licences; 17 (d) the persons to whom goods may or may not be sold; 18 (e) the circumstances in which goods may or may not be sold. (3) The second exception is that the principle does not affect the 19 operation of any laws of an Australian jurisdiction regarding the 20 transportation, storage or handling of goods within the jurisdiction, so long 21 as-- 22 (a) those laws apply equally to goods produced in or imported into 23 the jurisdiction; and 24 (b) those laws are directed at matters affecting health and safety of 25 persons in the jurisdiction or at preventing, minimising or 26 regulating environmental pollution (including air, water, noise or 27 soil pollution) in the jurisdiction. 28 (4) The third exception is that the principle does not affect the operation 29 of any laws of an Australian jurisdiction regarding the inspection of goods 30 within the jurisdiction, so long as-- 31
21 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (a) inspection or the requirement for inspection is not a prerequisite 1 to the sale of the goods in the jurisdiction; and 2 (b) those laws apply equally to goods produced in or imported into 3 the jurisdiction; and 4 (c) those laws are directed at matters affecting the health and safety 5 of persons in the jurisdiction or at preventing, minimising or 6 regulating environmental pollution (including air, water, noise or 7 soil pollution) in the jurisdiction. 8 13 Defences to offences regarding sale 9 (1) It is a defence to a prosecution for an offence against a law of an 10 Australian jurisdiction in relation to the sale of any goods if the defendant 11 expressly claims that the Trans-Tasman mutual recognition principle 12 applies and establishes that-- 13 (a) the goods were labelled at the point of sale with a statement to 14 the effect that the goods were produced in or imported into New 15 Zealand; and 16 (b) the defendant had no reasonable grounds for suspecting that they 17 were not so produced or imported. 18 (2) The defence is not available if the prosecution proves that the 19 Trans-Tasman mutual recognition principle did not apply in the 20 circumstances of the alleged offence (because for example the goods did 21 not comply with requirements imposed by the law of New Zealand). 22 (3) Any relevant presumptions or evidentiary procedures under the law 23 of New Zealand are available to the prosecution or defendant in relation to 24 matters sought to be proved by the prosecution under subsection (2). 25 (4) Any relevant defences under the law of New Zealand are available to 26 the defendant in relation to matters sought to be proved by the prosecution 27 under subsection (2). 28 (5) This section does not affect any defence that is available apart from 29 this section. 30
22 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) 14 Goods that comply with local law 1 Nothing in this Part prevents goods from being sold in an Australian 2 jurisdiction if (apart from this Act) they comply with the relevant 3 requirements of the law in force in the jurisdiction. 4 PART 3--OCCUPATIONS 5 Division 1--Preliminary 6 15 Trans-Tasman mutual recognition principle 7 (1) The Trans-Tasman mutual recognition principle as applying to 8 occupations is as set out in this Part. 9 (2) This Part deals with the ability of a person who is registered in 10 connection with an occupation in New Zealand to carry on an equivalent 11 occupation in Australia. 12 16 Entitlement to carry on occupation 13 (1) The Trans-Tasman mutual recognition principle is that, subject to this 14 Part, a person who is registered in New Zealand for an occupation is, by 15 virtue of this Act, entitled after notifying the local registration authority of 16 an Australian jurisdiction for the equivalent occupation-- 17 (a) to be registered in the jurisdiction for the equivalent occupation; 18 and 19 (b) pending such registration, to carry on the equivalent occupation 20 in the jurisdiction. 21 (2) However, the Trans-Tasman mutual recognition principle is subject 22 to the exception that it does not affect the operation of laws that regulate 23 the manner of carrying on an occupation in an Australian jurisdiction, so 24 long as those laws-- 25
23 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (a) apply equally to all persons carrying on or seeking to carry on the 1 occupation under the law of the jurisdiction; and 2 (b) are not based on the attainment or possession of some 3 qualification or experience relating to fitness to carry on the 4 occupation. 5 17 Application of this Part 6 (1) This Part applies to individuals and occupations carried on by them. 7 (2) This Part extends to an occupation carried on by an individual, where 8 the individual is subject to more than one system of registration or more 9 than one local registration authority in a participating jurisdiction, and 10 accordingly this Part applies in relation to each such system of registration 11 and each such authority. 12 (3) Without limiting subsection (2), an example of such an occupation is 13 that of a legal practitioner, which involves both the admission as a legal 14 practitioner by a court and the issue of a practising certificate by another 15 body. 16 Division 2--Entitlement to registration 17 18 Notification to local registration authority 18 (1) A person who is registered in New Zealand for an occupation may 19 lodge a written notice with the local registration authority of an Australian 20 jurisdiction for the equivalent occupation, seeking registration for the 21 equivalent occupation in accordance with the Trans-Tasman mutual 22 recognition principle. 23 (2) The notice must-- 24 (a) state that the person is registered for the occupation in New 25 Zealand; and 26 (b) state the occupation for which registration is sought and that it is 27 being sought in accordance with the Trans-Tasman mutual 28 recognition principle; and 29
24 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (c) specify all the participating jurisdictions in which the person has 1 substantive registration for equivalent occupations; and 2 (d) state that the person is not the subject of disciplinary proceedings 3 in any participating jurisdiction (including any preliminary 4 investigations or action that might lead to disciplinary 5 proceedings) in relation to those occupations; and 6 (e) state that the person's registration in any participating 7 jurisdiction is not cancelled or currently suspended as a result of 8 disciplinary action; and 9 (f) state that the person is not otherwise personally prohibited from 10 carrying on any such occupation in any participating jurisdiction, 11 and is not subject to any special conditions in carrying on that 12 occupation, as a result of criminal, civil or disciplinary 13 proceedings in any participating jurisdiction; and 14 (g) specify any special conditions to which the person is subject in 15 carrying on any such occupation in any participating jurisdiction; 16 and 17 (h) give consent to the making of inquiries of, and the exchange of 18 information with, the authorities of any participating jurisdiction 19 regarding the person's activities in the relevant occupation or 20 occupations or otherwise regarding matters relevant to the notice. 21 (3) The notice must be accompanied by a document that is either the 22 original or a copy of the instrument evidencing the person's existing 23 registration (or, if there is no such instrument, by sufficient information to 24 identify the person and the person's registration). 25 (4) As regards the instrument evidencing the person's existing 26 registration, the person must certify in the notice that the accompanying 27 document is the original or a complete and accurate copy of the original. 28 (5) The statements and other information in the notice must be verified 29 by statutory declaration. 30 (6) The local registration authority may permit the notice to be amended 31 after it is lodged. 32
25 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) 19 Entitlement to registration and continued registration 1 (1) A person who lodges a notice under section 18 with a local 2 registration authority of an Australian jurisdiction is entitled to be 3 registered in the equivalent occupation, as if the law of the jurisdiction that 4 deals with registration expressly provided that registration in New Zealand 5 is a sufficient ground of entitlement to registration. 6 (2) The local registration authority may grant registration on that ground 7 and may grant renewals of such registration. 8 (3) Once a person is registered on that ground, the entitlement to 9 registration continues, whether or not registration (including any renewal 10 of registration) ceases in New Zealand. 11 (4) Continuance of registration is otherwise subject to the laws of the 12 jurisdiction, to the extent to which those laws-- 13 (a) apply equally to all persons carrying on or seeking to carry on the 14 occupation under the law of the jurisdiction; and 15 (b) are not based on the attainment or possession of some 16 qualification or experience relating to fitness to carry on the 17 occupation. 18 (5) The local registration authority may impose conditions on 19 registration, but may not impose conditions that are more onerous than 20 would be imposed in similar circumstances (having regard to relevant 21 qualifications and experience) if it were registration effected apart from this 22 Part, unless they are conditions that apply to the person's registration in 23 New Zealand or that are necessary to achieve equivalence of occupations. 24 (6) This section has effect subject to this Part. 25 20 Action following notice 26 (1) Registration must be granted within one month after the notice is 27 lodged with the local registration authority under section 18. 28 (2) When granted, registration takes effect as from the date the notice 29 was lodged. 30
26 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (3) However, the local registration authority may, subject to this Part and 1 within one month after the notice was lodged, postpone or refuse the grant 2 of registration. 3 (4) If the local registration authority neither grants the registration nor 4 takes action under subsection (3) within the period of one month after the 5 notice is lodged, the person is entitled to registration immediately at the 6 end of that period and no objection may be taken to the notice on any of the 7 grounds on which refusal or postponement may be effected, except where 8 fraud is involved. 9 21 Postponement of registration 10 (1) A local registration authority may postpone the grant of registration, 11 if-- 12 (a) any of the statements or information in the notice as required by 13 section 18 are materially false or misleading; or 14 (b) any document or information as required by section 18(3) has not 15 been provided or is materially false or misleading; or 16 (c) the circumstances of the person lodging the notice have 17 materially changed since the date of the notice or the date it was 18 lodged; or 19 (d) the authority decides that the occupation in which registration is 20 sought is not an equivalent occupation. 21 (2) If the grant of registration has been postponed, the local registration 22 authority may in due course grant or refuse the registration. 23 (3) The local registration authority may not postpone the grant of 24 registration for longer than a period of 6 months, and the person is entitled 25 to registration immediately, at the end of that period, unless registration 26 was refused at or before the end of that period. 27 (4) Nothing in subsection (3) prevents earlier registration from being 28 granted on a review by the Australian Tribunal. 29
27 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) 22 Refusal of registration 1 (1) A local registration authority may refuse the grant of registration, 2 if-- 3 (a) any of the statements or information in the notice as required by 4 section 18 are materially false or misleading; or 5 (b) any document or information as required by section 18(3) has not 6 been provided or is materially false or misleading; or 7 (c) the authority decides that the occupation in which registration is 8 sought is not an equivalent occupation and equivalence cannot be 9 achieved by the imposition of conditions. 10 (2) A decision to refuse to grant registration on the ground that the 11 occupation in which registration is sought is not an equivalent occupation 12 takes effect at the end of a specified period (not less than 2 weeks) after the 13 person is notified of the decision, unless it has been previously revoked or 14 there is an application for review to the Australian Tribunal, in which case 15 the Tribunal may make whatever orders it considers appropriate. 16 23 Notification of decision 17 A local registration authority must give the person who lodges a notice 18 in accordance with section 18 a notice in writing of its decision to grant 19 registration, or to postpone or refuse the grant of registration, or to impose 20 conditions on registration. 21 Division 3--Interim arrangements 22 24 Deemed registration 23 (1) A person who lodges a notice under section 18 with a local 24 registration authority of an Australian jurisdiction is, pending the grant or 25 refusal of registration, taken to be registered as provided in section 19. 26 (2) Such registration is called deemed registration in this Act. 27 (3) Deemed registration in one Australian jurisdiction does not of itself 28 provide a basis for registration in another Australian jurisdiction. 29
28 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) 25 Duration of deemed registration 1 (1) A person's deemed registration in an Australian jurisdiction 2 continues until it is cancelled or suspended or otherwise ceases in 3 accordance with this Part. 4 (2) A person's deemed registration in an Australian jurisdiction ceases if 5 the person becomes substantively registered in the jurisdiction in 6 connection with the occupation concerned. 7 (3) A person's deemed registration in an Australian jurisdiction ceases if 8 the local registration authority of the jurisdiction refuses to grant 9 registration, subject to any determination of the Australian Tribunal. 10 (4) A person's deemed registration in an Australian jurisdiction ceases if 11 the person ceases to be substantively registered in every other participating 12 jurisdiction mentioned in the notice as required by section 18(2)(c). 13 (5) A local registration authority of an Australian jurisdiction may cancel 14 a person's deemed registration in the jurisdiction if the person requests 15 cancellation. 16 (6) Deemed registration is not affected by postponement of the grant of 17 substantive registration. 18 26 Activities under deemed registration 19 (1) A person who has deemed registration in an Australian jurisdiction 20 may carry on the occupation in the jurisdiction as if the deemed registration 21 were substantive registration in the jurisdiction. 22 (2) However, the person may do so only-- 23 (a) within the limits conferred by the person's substantive 24 registration in New Zealand; and 25 (b) within the limits conferred by the person's deemed registration in 26 the Australian jurisdiction; and 27 (c) subject to any conditions or undertakings applying to the 28 person's registration in New Zealand, unless waived by the local 29 registration authority of the Australian jurisdiction under this 30 section; and 31
29 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (d) subject to any conditions applying to the person's deemed 1 registration. 2 (3) Without limiting anything in this Division-- 3 (a) the person may not carry on the occupation in the Australian 4 jurisdiction without complying with any requirements regarding 5 insurance, fidelity funds, trust accounts and the like that are 6 designed to protect the public, clients, customers or others; and 7 (b) a person who has deemed registration in an occupation in the 8 Australian jurisdiction is subject to any disciplinary provisions 9 and arrangements that are applicable to persons who are 10 substantively registered in the jurisdiction; and 11 (c) references in the law of the Australian jurisdiction to persons 12 registered in an occupation under the law of the jurisdiction 13 (however expressed) extend to persons who have deemed 14 registration for the occupation under this Act. 15 (4) However, the local registration authority of the Australian 16 jurisdiction may waive any condition imposed under the law of New 17 Zealand, or any undertaking given to the local registration authority of New 18 Zealand, if it thinks it appropriate in the circumstances. 19 (5) The local registration authority of the Australian jurisdiction may 20 impose conditions as if deemed registration were substantive registration, 21 but it must not impose conditions that are more onerous than would be 22 imposed in similar circumstances (having regard to relevant qualifications 23 and experience) if it were registration effected apart from this Part, unless 24 they correspond to conditions or undertakings that apply to the person's 25 registration in New Zealand or that are necessary to achieve equivalence of 26 occupations. 27 Division 4--Equivalent occupations 28 27 Equivalent occupations 29 The equivalence of occupations carried on in different participating 30 jurisdictions is, for the purposes of this Act, to be determined in accordance 31 with this Part. 32
30 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) 28 General principle 1 (1) An occupation for which persons may be registered in New Zealand 2 is taken to be equivalent to an occupation for which persons may be 3 registered in an Australian jurisdiction if the activities authorised to be 4 carried out under each registration are substantially the same (whether or 5 not this result is achieved by means of the imposition of conditions). 6 (2) Conditions may be imposed on registration under this Part so as to 7 achieve equivalence between occupations in different participating 8 jurisdictions. 9 (3) This section has effect subject to any relevant declarations in force 10 under this Division. 11 29 Declarations as to equivalent occupations 12 (1) This Part is to be given effect in accordance with relevant 13 declarations (if any) made under this Division regarding equivalent 14 occupations. 15 (2) If a declaration made by the Australian Tribunal under section 30 and 16 a declaration made by Ministers under section 31 are inconsistent, the 17 ministerial declaration prevails. 18 (3) A declaration under this Part does not affect the registration of any 19 person already registered (except in the case of a declaration made by the 20 Australian Tribunal in relation to that person specifically). 21 30 Declarations by Australian Tribunal 22 (1) On a review, the Australian Tribunal may make an order that a person 23 who is registered in a particular occupation in New Zealand is or is not 24 entitled to registration in an Australian jurisdiction in a particular 25 occupation, and may specify or describe conditions that will achieve 26 equivalence. 27 (2) On a review, the Australian Tribunal may make a declaration that 28 occupations carried on in New Zealand and an Australian jurisdiction are 29 not equivalent, but only if the Australian Tribunal is satisfied that-- 30 (a) the activities involved in the occupations are not substantially the 31 same (even with the imposition of conditions); or 32
31 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (b) registration in New Zealand should not entitle registered persons 1 to carry on a particular activity or class of activity in an 2 Australian jurisdiction, where-- 3 (i) the activity or class of activity is a material part of the 4 practice of a person registered in New Zealand for the 5 occupation; and 6 (ii) the activity or class of activity, if carried out by a person not 7 conforming to the appropriate standards, could reasonably 8 be expected to expose persons in the Australian jurisdiction 9 to a real threat to their health or safety or could reasonably 10 be expected to cause significant environmental pollution 11 (including air, water, noise or soil pollution); and 12 (iii) it is not practicable to protect the health or safety of such 13 persons from that threat or the environment from such 14 pollution by regulating the manner in which services in the 15 occupation are provided. 16 (3) The Registrar or other proper officer of the Australian Tribunal must 17 cause a notice setting out the terms of a declaration under this section to be 18 promptly published in the Commonwealth of Australia Gazette. 19 (4) A declaration made on the basis of paragraph (2) (b) has effect for no 20 longer than 12 months, and the local registration authority must promptly 21 notify appropriate authorities in each other participating jurisdiction of the 22 declaration. 23 (5) The local registration authority is to give effect to the decision on the 24 review, and must thereafter act in conformity with the decision in relation 25 to other persons seeking registration. 26 31 Declarations by Ministers 27 (1) A Minister from New Zealand and a Minister from each of one or 28 more Australian jurisdictions may jointly declare, by notice in the 29 Commonwealth of Australia Gazette, that specified occupations are 30 equivalent, and may specify or describe conditions that will achieve 31 equivalence. 32 (2) The declaration may be amended or rescinded in the same way. 33
32 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (3) The declaration has effect only in relation to the participating 1 jurisdictions concerned. 2 (4) The appropriate local registration authority is to give effect to the 3 declaration. 4 Division 5--General provisions 5 32 Disciplinary action 6 (1) If a person's registration in an occupation in New Zealand-- 7 (a) is cancelled or suspended; or 8 (b) is subject to a condition; 9 on disciplinary grounds, or as a result of or in anticipation of criminal, civil 10 or disciplinary proceedings, then the person's registration in the equivalent 11 occupation in an Australian jurisdiction is affected in the same way. 12 (2) However, the local registration authority of the Australian 13 jurisdiction may reinstate any cancelled or suspended registration or waive 14 any such condition if it thinks it appropriate in the circumstances. 15 (3) This section extends to registration effected apart from this Act. 16 (4) This section has effect despite any other provisions of this Part. 17 33 Review of decisions 18 (1) Subject to the Administrative Appeals Tribunal Act 1975, application 19 may be made to the Australian Tribunal for review of a decision of a local 20 registration authority of an Australian jurisdiction in relation to its 21 functions under this Act. 22 (2) In subsection (1) -- 23 "decision" has the same meaning as in the Administrative Appeals 24 Tribunal Act 1975. 25 (3) If a local registration authority gives a person written notice of the 26 making of a decision referred to in subsection (1), the notice must include a 27 statement to the effect that-- 28
33 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (a) subject to the Administrative Appeals Tribunal Act 1975, 1 application for review of the decision may be made to the 2 Australian Tribunal by a person whose interests are affected by 3 the decision; and 4 (b) except where subsection 28(4) of that Act applies, application 5 may be made in accordance with section 28 of that Act by or on 6 behalf of that person for a statement in writing setting out the 7 findings on material questions of fact, referring to the evidence or 8 other material on which those findings were based, and giving 9 the reasons for the decision. 10 (4) Any failure to comply with a requirement of subsection (3) does not 11 affect the validity of the decision. 12 34 Costs 13 The Australian Tribunal may order a party in proceedings before it to 14 pay costs if the party has acted unreasonably. 15 35 Co-operation with and membership of Trans-Tasman 16 Occupations Tribunal (NZ) 17 (1) The purpose of this section is to promote consistency between 18 decisions made by the Australian Tribunal for the purposes of this Act and 19 decisions made by the New Zealand Tribunal for the purposes of the New 20 Zealand Act. 21 (2) In making decisions for the purposes of this Act, the Australian 22 Tribunal is to have regard to decisions of the New Zealand Tribunal. 23 (3) For the purposes of a review of a decision referred to in 24 subsection 33(1) of this Act, the President of the Australian Tribunal may, 25 in the exercise of the power under paragraph 20(1A)(b) of the 26 Administrative Appeals Tribunal Act 1975, direct that the persons who are 27 to constitute the Australian Tribunal for the purposes of that review 28 include-- 29 (a) the Chairperson of the New Zealand Tribunal; or 30
34 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (b) a person included on the panel maintained under the New 1 Zealand Act who is nominated by the Chairperson of the New 2 Zealand Tribunal for the purposes of that review. 3 (4) The President of the Australian Tribunal must exercise the power 4 given by subsection (3) in accordance with arrangements made from time 5 to time between the President and the Chairperson of the New Zealand 6 Tribunal. 7 (5) A reference in Part III, IIIA, IV or VI of the Administrative Appeals 8 Tribunal Act 1975 to a member includes a reference to a person included in 9 a direction under subsection (3). 10 (6) In spite of anything in any other Act, the Chairperson of the New 11 Zealand Tribunal, or a person included on the panel maintained under the 12 New Zealand Act, is not entitled to remuneration or allowances in respect 13 of service as a member of the Australian Tribunal as permitted by this Act. 14 (7) Service by a member of the Australian Tribunal on the New Zealand 15 Tribunal under the New Zealand Act is taken for all purposes of Australian 16 law to be service as a member of the Australian Tribunal. 17 36 Residence or domicile 18 Residence or domicile in a particular participating jurisdiction is not to 19 be a prerequisite for or a factor in entitlement to the grant, renewal or 20 continuation of registration arising under this Part. 21 37 Furnishing information 22 (1) A local registration authority of an Australian jurisdiction must 23 furnish without delay any information reasonably required by a local 24 registration authority of another participating jurisdiction about a person 25 substantively registered under a law of the Australian jurisdiction. 26 (2) The obligation imposed under this section does not apply unless the 27 authority of the other participating jurisdiction notifies the authority of the 28 firstmentioned jurisdiction that the information is required in connection 29 with-- 30 (a) a notice lodged by a person seeking registration; or 31 (b) a person's deemed registration; or 32
35 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (c) actual or possible disciplinary action against the person. 1 (3) The authority of the firstmentioned jurisdiction is empowered to 2 provide the information, despite any law relating to secrecy, confidentiality 3 or privacy. 4 (4) Nothing in this section affects any obligation or power to provide 5 information apart from this section. 6 38 Receiving information 7 If a local registration authority of an Australian jurisdiction receives 8 information under section 37 of this Act or the corresponding provision of 9 the New Zealand Act, the information is subject to any law relating to 10 secrecy, confidentiality or privacy that would apply if the information were 11 provided under the law of the jurisdiction under which the authority is 12 constituted or exercises its functions. 13 39 General responsibilities of local registration authorities 14 (1) It is the duty of each local registration authority of an Australian 15 jurisdiction to facilitate the operation of this Part in relation to the 16 occupations for which the authority is responsible, and in particular to 17 make use of the power to impose conditions in such a way as to promote 18 the Trans-Tasman mutual recognition principle. 19 (2) It is the duty of each local registration authority of an Australian 20 jurisdiction to prepare and make available guidelines and information 21 regarding the operation of this Part in relation to the occupations for which 22 the authority is responsible. 23 (3) The first such guidelines and information are to be available within 24 6 months after the commencement of this section. 25 (4) In dealing with information obtained or to be obtained under this Act, 26 a local registration authority of an Australian jurisdiction must have regard 27 to the principles relating to information privacy set out in Schedule 5. 28 (5) Nothing in subsection (4) or in Schedule 5-- 29 (a) affects the operation or validity of any decision or other action 30 taken under this Act; or 31
36 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (b) gives rise to, or can be taken into account in, any civil cause of 1 action; or 2 (c) creates rights or duties that are enforceable in judicial or other 3 proceedings. 4 40 Fees 5 (1) A local registration authority of an Australian jurisdiction has power 6 to impose fees in relation to substantive or deemed registration or the 7 continuance of registration arising under this Part, but any such fees may 8 not be greater than are applicable for registration apart from this Part. 9 (2) Nothing in this section prevents the fixing or prescribing of fees 10 referred to in this section under any other law of an Australian jurisdiction, 11 but the fees may not be greater than can be imposed under this section. 12 (3) The local registration authority may impose a condition on 13 substantive or deemed registration arising under this Part to the effect that a 14 person may not carry out activities under registration unless a fee or other 15 payment has been paid, but such a condition may not be imposed unless it 16 corresponds to a requirement attaching to registration apart from this Part. 17 (4) This section does not authorise the imposition of a tax. 18 41 Formalities requiring personal attendance 19 (1) Neither substantive or deemed registration, nor entitlement to 20 registration, under this Part requires compliance with any statutory or other 21 formalities requiring personal attendance in the Australian jurisdiction 22 concerned. 23 (2) This section applies to formalities that would otherwise have to be 24 complied with before, at or after registration. 25 42 Saving 26 Nothing in this Part prevents a person from seeking registration or being 27 registered for an occupation under a law apart from this Part. 28
37 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) PART 4--EXCLUSIONS AND EXEMPTIONS 1 43 References to endorsing a proposed regulation 2 (1) For the purposes of this Part, a jurisdiction endorses a regulation if 3 the designated person for the jurisdiction publishes a notice in the official 4 gazette of the jurisdiction setting out and endorsing the terms of the 5 regulation before it is made. 6 (2) However, the making of a recommendation by a Minister to the 7 Governor-General for the making of a regulation amounts to endorsement 8 of the regulation by the Commonwealth, and the Commonwealth is taken 9 to have endorsed the regulation for the purposes of this Part if the 10 regulation is in fact made. 11 44 Exclusions 12 (1) This Act does not affect laws of an Australian jurisdiction specified 13 or described in Schedule 1, to the extent that Schedule 1 indicates that they 14 are excluded from the operation of this Act. 15 (2) The Governor-General may make regulations amending Schedule 1. 16 (3) A regulation may not be made for the purposes of this section unless 17 all of the then participating jurisdictions have endorsed the regulation. 18 (4) However-- 19 (a) if such a regulation merely omits or reduces the extent of an 20 exclusion of a law of a State from Schedule 1, the regulation may 21 be made if the State has endorsed the regulation; or 22 (b) if such a regulation amends Part 2 of Schedule 1 by substituting 23 or adding a law of a State that relates to a matter referred to in 24 paragraph (a), (b), (c) or (d) of subclause 1(1) of Part 1 of that 25 Schedule, the regulation may be made if the State has endorsed 26 the regulation. 27
38 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) 45 Permanent exemptions 1 (1) This Act does not affect the operation of laws of an Australian 2 jurisdiction specified or described in Schedule 2, to the extent that 3 Schedule 2 indicates that they are exempt from the operation of this Act. 4 (2) Such an exemption may be limited or unlimited in its application. If a 5 law is specified or described in Schedule 2 without any limitation, it is 6 taken to be wholly exempt from the operation of this Act. 7 (3) The Governor-General may make regulations amending Schedule 2. 8 (4) A regulation may not be made for the purposes of this section unless 9 all of the then participating jurisdictions have endorsed the regulation. 10 (5) However-- 11 (a) if such a regulation relates solely to one or more laws specified or 12 described in Schedule 3 and will not take effect within 5 years 13 after the commencement of section 48, the regulation may be 14 made if at least two-thirds of the then participating jurisdictions 15 have endorsed the regulation; or 16 (b) if such a regulation merely omits or reduces the extent of an 17 exemption of a law of a State from Schedule 2, the regulation 18 may be made if the State has endorsed the regulation. 19 46 Temporary exemptions 20 (1) This Act does not-- 21 (a) apply to the sale in an Australian jurisdiction of exempt goods; or 22 (b) affect the operation of exempt laws of an Australian jurisdiction 23 relating to a particular kind of goods. 24 (2) For the purposes of this section, goods or laws are exempt if the 25 goods are of a kind, or the laws are, for the time being declared by or under 26 an Act or regulation of the jurisdiction to be exempt from the operation of 27 this Act. 28 (3) Any such exemptions have effect only if they are substantially for the 29 purpose of protecting the health and safety of persons in the jurisdiction or 30 preventing, minimising or regulating environmental pollution (including 31 air, water, noise or soil pollution) in the jurisdiction. 32
39 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (4) No such exemption operates (together with the period of any 1 previous exemption) for longer than a period of 12 months or an aggregate 2 period of 12 months. 3 47 Continuation of temporary exemptions to enable implementation 4 of ministerial agreements 5 (1) The purpose of this section is to create a mechanism to provide an 6 additional period not exceeding 12 months for legislative or other action to 7 be taken to implement a ministerial agreement arising out of consideration 8 of an exemption under section 46. However, this subsection does not 9 provide grounds for invalidating any regulations made for the purposes of 10 this section. 11 (2) This Act does not-- 12 (a) apply to the sale in an Australian jurisdiction of exempt goods; or 13 (b) affect the operation of exempt laws of an Australian jurisdiction 14 relating to a particular kind of goods. 15 (3) For the purposes of this section, goods or laws are exempt if the 16 goods are of a kind, or the laws are, for the time being declared by 17 regulations under this Act to be exempt from the operation of this Act. 18 (4) The Governor-General may make regulations for the purposes of this 19 section, but any such regulations may be made only if they have the effect 20 of continuing or reviving, wholly or partly, and with or without 21 modification, the effect of an exemption under section 46. 22 (5) Such a modification may only-- 23 (a) in the case of an exemption relating to goods-- 24 (i) limit the circumstances in which the goods are exempt; or 25 (ii) provide that the exemption does not apply if certain 26 standards or conditions are complied with in relation to the 27 goods; or 28 (b) in the case of an exemption relating to a law-- 29 (i) modify the operation of the law while the exemption 30 operates; or 31
40 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (ii) provide that the exemption does not apply in relation to 1 particular goods if certain standards or conditions are 2 complied with in relation to the goods. 3 (6) The regulations may discontinue any exemption under this section. 4 (7) A regulation may not be made for the purposes of this section unless 5 at least two-thirds of the then participating jurisdictions have endorsed the 6 regulation. 7 (8) No exemption under this section operates (together with the period of 8 any previous such exemption) for longer than a period of 12 months or an 9 aggregate period of 12 months after the corresponding exemption under 10 section 46 ceases to operate. 11 (9) In this section-- 12 "ministerial agreement" means an agreement of Ministers of 13 participating jurisdictions made in relation to goods or laws that are 14 the subject of an exemption under section 46. 15 48 Special exemptions 16 (1) This Act does not affect the operation of laws of an Australian 17 jurisdiction that relate to goods and that are specified or described in 18 Schedule 3, to the extent that Schedule 3 indicates that they are exempt 19 from the operation of this Act. 20 (2) Such an exemption operates for no longer than a period of 12 months 21 after the commencement of this section, but may be extended in whole or 22 in part by the regulations from time to time by one or more further periods 23 each not exceeding 12 months. 24 (3) A regulation may not be made for the purposes of subsection (2) if 25 the exemption has expired or has otherwise ceased to be in force. 26 (4) The Governor-General may make regulations amending Schedule 3 27 for the purposes of subsection (2) or (6). 28 (5) A regulation may not be made for the purposes of this section unless 29 at least two-thirds of the then participating jurisdictions have endorsed the 30 regulation. 31
41 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (6) However, if such a regulation merely omits any matter relating to an 1 exemption that has expired or has otherwise ceased to be in force, the 2 regulation may be made if the Commonwealth has endorsed the regulation. 3 49 Exemptions relating to occupations 4 (1) This Act does not affect the operation of laws of an Australian 5 jurisdiction that relate to occupations and that are specified or described in 6 Schedule 4, to the extent that Schedule 4 indicates that they are exempt 7 from the operation of this Act. 8 (2) The Governor-General may make regulations amending Schedule 4. 9 (3) A regulation may not be made for the purposes of this section unless 10 all of the then participating jurisdictions have endorsed the regulation. 11 (4) However, if such a regulation amends Schedule 4 by omitting a law 12 of a State, the regulation may be made if the State has endorsed the 13 regulation. 14 PART 5--GENERAL 15 50 References to participating jurisdictions 16 For the purposes of this Act, a participating jurisdiction is-- 17 (a) New Zealand, while there is in force an Act of its Parliament that 18 corresponds to this Act; or 19 (b) the Commonwealth; or 20 (c) a State (other than a Territory) for which there is in force an Act 21 of its Parliament that refers to the Parliament of the 22 Commonwealth the power to enact this Act, or that adopts this 23 Act, under paragraph (xxxvii) of section 51 of the 24 Commonwealth Constitution; or 25 (d) a Territory (being the Australian Capital Territory or the Northern 26 Territory) for which there is in force an Act of its legislature that 27
42 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) requests the Parliament of the Commonwealth to enact this Act 1 or that enables this Act to apply in relation to it. 2 51 Application of Trans-Tasman mutual recognition principle 3 (1) The Trans-Tasman mutual recognition principle and the provisions of 4 this Act may be taken into consideration in proceedings of any kind and for 5 any purpose. 6 (2) Nothing in this Act or the Mutual Recognition Act 1992 prevents a 7 person from relying on the Trans-Tasman mutual recognition principle in 8 relation to more than one Australian jurisdiction. 9 52 Machinery provisions regarding limitations etc. 10 In cases where Part 3 provides that conditions or undertakings that apply 11 or are relevant to registration in New Zealand also apply or are relevant to 12 registration in an Australian jurisdiction, they are to be construed with any 13 necessary adaptations, including the following (where appropriate and so 14 far as practicable)-- 15 (a) references to New Zealand are to be read as references to the 16 Australian jurisdiction; 17 (b) references to officers or authorities of New Zealand are to be read 18 as references to the corresponding officers or authorities of the 19 Australian jurisdiction. 20 53 Determining place of production 21 (1) For the purpose of determining where goods are produced for the 22 purposes of this Act, goods are taken to be produced in New Zealand if the 23 most recent step in the process of producing the goods (including for 24 example processing, harvesting or packaging the goods) has occurred 25 there. 26 (2) Subsection (1) applies even though-- 27 (a) the process of production may be incomplete; or 28 (b) some steps in the process have not yet been carried out; or 29
43 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) (c) some steps in the process were carried out elsewhere; or 1 (d) the goods or a component of the goods were imported into New 2 Zealand. 3 54 Commonwealth regulations for temporary exemptions 4 Without limiting any other power under any other Act, the 5 Governor-General may make regulations for the purposes mentioned in 6 section 46. 7
44 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 1 1 EXCLUSIONS 2 section 44 3 PART 1--INTRODUCTION 4 1 Excluded laws 5 (1) The laws specified or described in this Schedule are excluded from 6 the operation of this Act, so far as they relate to-- 7 (a) customs controls and tariffs--but only to the extent that the laws 8 provide for the imposition of tariffs and related measures (for 9 example, anti-dumping and countervailing duties) and the 10 prohibition or restriction of imports; and 11 (b) intellectual property--but only to the extent that the laws provide 12 for the protection of intellectual rights and relate to requirements 13 for the sale of goods set out in section 11; and 14 (c) taxation and business franchises--but only to the extent that the 15 laws relate to taxes imposed on the sale of locally produced and 16 imported goods in a non-discriminatory way, including, for 17 example, wholesale sales tax (Commonwealth) and business 18 franchise and stamp duties (States); and 19 (d) the implementation of international obligations--but only to the 20 extent that the laws implementing those obligations deal with the 21 requirements relating to the sale of goods set out in section 11. 22 (2) The laws specified or described in this Schedule are excluded only to 23 the extent that those laws would be affected by the Trans-Tasman mutual 24 recognition principle as applying to goods. 25
45 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 1 (continued) PART 2--LAWS 1 2 Customs controls and tariffs (including laws relating to 2 international obligations) 3 Prohibited imports 4 Customs (Prohibited Imports) Regulations of the Commonwealth 5 Commerce (Trade Descriptions) Act 1905 of the Commonwealth 6 Any other laws of the Commonwealth, to the extent that they provide for 7 the prohibition or restriction of imports and would be affected by the 8 Trans-Tasman mutual recognition principle as applying to goods. 9 Tariffs 10 Customs Tariff Act 1995 of the Commonwealth 11 Customs Act 1901 of the Commonwealth, Part XVB 12 Customs Tariff (Anti-Dumping) Act 1975 of the Commonwealth 13 3 Intellectual property (including laws relating to the Paris 14 Convention of 20 March 1983 for the Protection of Industrial 15 Property) 16 Patents Act 1990 of the Commonwealth 17 Trade Marks Act 1995 of the Commonwealth 18 Designs Act 1906 of the Commonwealth 19 Olympic Insignia Protection Act 1987 of the Commonwealth 20 Scout Association Act 1924 of the Commonwealth 21 Plant Breeder's Rights Act 1994 of the Commonwealth 22 Copyright Act 1968 of the Commonwealth 23
46 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 1 (continued) Circuit Layouts Act 1989 of the Commonwealth 1 Sydney 2000 Games (Indicia and Images) Protection Act 1996 of the 2 Commonwealth 3 Unauthorised Documents Act 1922 of New South Wales 4 Unauthorized Documents Act 1958 of Victoria 5 Badge, Arms, Floral and other Emblems of Queensland Act 1959 of 6 Queensland 7 Armorial Bearings Protection Act 1979 of Western Australia 8 Unauthorised Documents Act 1916 of South Australia 9 Unauthorized Documents Act 1986 of Tasmania 10 City of Canberra Arms Act 1932 of the Australian Capital Territory 11 Flag and Emblem Act 1985 of the Northern Territory 12 4 Other international obligations 13 Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the 14 Commonwealth, sections 21 and 22, to the extent that they implement the 15 Convention on International Trade in Endangered Species of Wild Fauna 16 and Flora 17 Hazardous Waste (Regulation of Exports and Imports) Act 1989 of the 18 Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24-31, 34 and 39, to the 19 extent that they implement the Basel Convention on the Control of 20 Transboundary Movement of Hazardous Wastes and their Disposal 1989 21 The following laws, to the extent that they implement the Charter of the 22 United Nations (as it relates to the imposition of United Nations 23 sanctions)-- 24 Charter of the United Nations Act 1945 of the Commonwealth, 25 section 6 26 Air Navigation Act 1920 of the Commonwealth, section 26 27
47 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 1 (continued) Banking Act 1959 of the Commonwealth, section 71 1 Migration Act 1958 of the Commonwealth, subsection 31(3), 2 paragraph 116(1) (g) and section 504 3 Customs Act 1901 of the Commonwealth, section 50 4 Protection of Movable Cultural Heritage Act 1986 of the 5 Commonwealth, to the extent that it implements the United 6 Nations Educational, Scientific and Cultural Organisation 7 (UNESCO) Convention Regulating the International Trade in 8 Cultural Property 1970 9 The following laws, to the extent that they implement the European 10 Union-Australia Wine Agreement--Protection of Certain Names and 11 Expressions-- 12 Australian Wine and Brandy Corporation Act 1980 of the 13 Commonwealth, Part VIB and Part VIA (Label Integrity Program) 14 Australian Wine and Brandy Corporation (Exports) Regulations of 15 the Commonwealth, Parts 3 and 4 16 5 Taxation and business franchises 17 Sales Tax Assessment Act 1992 of the Commonwealth 18 Sales Tax (Exemptions and Classifications) Act 1992 of the 19 Commonwealth 20 Laws of a State imposing or providing for the imposition, assessment or 21 collection of taxation, including stamp duties, and providing for business 22 licences. 23
48 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 1 PERMANENT EXEMPTIONS 2 section 45 3 The laws specified or described in this Schedule are exempt from the 4 operation of this Act. 5 PART 1--LAWS RELATING TO GOODS: GENERAL 6 1 Quarantine 7 A law of an Australian jurisdiction, including a law relating to 8 quarantine, to the extent that-- 9 (a) the law is enacted or made substantially for the purpose of 10 preventing the entry or spread of any pest, disease, organism, 11 variety, genetic disorder or any other similar thing; and 12 (b) the law authorises the application of quarantine measures that do 13 not amount to an arbitrary or unjustifiable discrimination or to a 14 disguised restriction on trade between Australia and New 15 Zealand and are not inconsistent with the requirements of the 16 Agreement establishing the World Trade Organisation. 17 2 Endangered species 18 A law of an Australian jurisdiction, to the extent that it is enacted or 19 made substantially for the purpose of protecting a species or other class of 20 animals or plants from extinction in the jurisdiction and that it prohibits or 21 restricts the possession, sale, killing or capture of animals or plants of that 22 species or other class in the jurisdiction. 23
49 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) PART 2--LAWS RELATING TO GOODS: SPECIFIC 1 3 Commonwealth 2 Firearms and other prohibited or offensive weapons 3 Customs (Prohibited Imports) Regulations 4 Fireworks 5 Customs (Prohibited Imports) Regulations 6 Indecent material 7 Classification (Publications, Films and Computer Games) Act 1995 8 Ozone protection 9 Ozone Protection Act 1989 10 Agricultural and veterinary chemicals 11 Agricultural and Veterinary Chemicals Act 1994 12 Agricultural and Veterinary Chemicals Code Act 1994 13 Other 14 Imported Food Control Act 1992 (to the extent that it deals with risk 15 categorised food commodities) 16
50 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) 4 New South Wales 1 Firearms and other prohibited or offensive weapons 2 Firearms Act 1996 3 Prohibited Weapons Act 1989 4 Fireworks 5 Dangerous Goods Act 1975 (to the extent that it deals with fireworks) 6 Gaming machines 7 Registered Clubs Act 1976, Parts 10 and 11 8 Liquor Act 1982, Part 11 9 Indecent material 10 Classification (Publications, Films and Computer Games) Enforcement 11 Act 1995 12 Ozone protection 13 Ozone Protection Act 1989 14 5 Victoria 15 Firearms and other prohibited or offensive weapons 16 Firearms Act 1958 17 Firearms Regulations 1995 18 Control of Weapons Act 1990 19 Control of Weapons Regulations 1990 20
51 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) Fireworks 1 Dangerous Goods Act 1985 (to the extent that it deals with fireworks) 2 Dangerous Goods (Explosives) Regulations 1988, Part 8, Division 5 3 Gaming machines 4 Gaming Machine Control Act 1991 5 Indecent material 6 Classification (Publications, Films and Computer Games) (Enforcement) 7 Act 1995 8 Ozone protection 9 Environment Protection Act 1970, sections 16 and 41 (to the extent that 10 they deal with ozone depleting substances) and paragraph 71(1)(gba) 11 6 Queensland 12 Firearms and other prohibited or offensive weapons 13 Weapons Act 1990 14 Fireworks 15 Explosives Act 1952 (to the extent that it deals with fireworks) 16 Gaming machines 17 Gaming Machine Act 1991 18
52 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) Indecent material 1 Classification of Films Act 1991 2 Classification of Publications Act 1991 3 Ozone protection 4 Environmental Protection (Interim) Regulation 1995 under the 5 Environmental Protection Act 1994 (to the extent that it deals with ozone 6 depleting substances) 7 7 Western Australia 8 Firearms and other prohibited or offensive weapons 9 Firearms Act 1973 10 Fireworks 11 Explosives and Dangerous Goods Act 1961 (to the extent that it deals with 12 fireworks) 13 Gaming machines 14 Gaming Commission Act 1987 15 Indecent material 16 Censorship of Films Act 1947 17 Indecent Publications and Articles Act 1902 18 Video Tapes Classification and Control Act 1987 19 Censorship Act 1996 20
53 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) Ozone protection 1 Environmental Protection Act 1986 (to the extent that it deals with ozone 2 protection) 3 8 South Australia 4 Firearms and other prohibited or offensive weapons 5 Firearms Act 1977 6 Firearms Regulations 1993 7 Summary Offences Act 1953, sections 15 and 15A 8 Criminal Law Consolidation Act 1935, sections 32, 47A and 299A 9 Fireworks 10 Explosives Act 1936 (to the extent that it deals with fireworks) 11 Gaming machines 12 Gaming Machines Act 1992 13 Gaming Machines Regulations 1993 14 Indecent material 15 Classification (Publications, Films and Computer Games) Act 1995 16 Summary Offences Act 1953, sections 33 and 35 17 Ozone protection 18 Environment Protection Act 1993, Part 8, Division 3 19
54 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) Other 1 Environment Protection Act 1993, Part 8, Division 2 (dealing with beverage 2 containers) 3 9 Tasmania 4 Firearms and other prohibited or offensive weapons 5 Firearms Act 1996 6 Fireworks 7 Dangerous Goods Act 1976 (to the extent that it deals with fireworks) 8 Gaming machines 9 Gaming Control Act 1993 (to the extent that it deals with gaming 10 machines) 11 Indecent material 12 Classification (Publications, Films and Computer Games) Enforcement 13 Act 1995 14 Ozone protection 15 Environmental Management and Pollution Control Act 1994 (to the extent 16 that it deals with ozone protection) 17 Other 18 Living Marine Resources Management Act 1995 (to the extent that it relates 19 to the possession, sale or capture of abalone, crayfish or scallops of a 20 certain minimum size) 21
55 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) 10 Australian Capital Territory 1 Firearms and other prohibited or offensive weapons 2 Weapons Act 1991 3 Fireworks 4 Dangerous Goods Act 1975 of New South Wales in its application to the 5 Australian Capital Territory (to the extent that it deals with fireworks) 6 Gaming machines 7 Gaming Machine Act 1987 8 Indecent material 9 Business Franchise "X" Videos) Act 1990 10 Classification (Publications, Films and Computer Games) (Enforcement) 11 Act 1995 12 Ozone protection 13 Ozone Protection Act 1991 14 11 Northern Territory 15 Firearms and other prohibited or offensive weapons 16 Firearms Act 1992 17 Fireworks 18 Dangerous Goods Act 1980 (to the extent that it deals with fireworks) 19
56 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 2 (continued) Gaming machines 1 Gaming Control Act 1993 2 Indecent material 3 Classification of Publications and Films Act 1985 4 Ozone protection 5 Ozone Protection Act 1990 6
57 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 3 1 SPECIAL EXEMPTIONS 2 section 48 3 The laws specified or described in this Schedule are exempt from the 4 operation of this Act. 5 1 Therapeutic goods 6 Therapeutic Goods Act 1989 of the Commonwealth 7 Therapeutic Goods (Charges) Act 1989 of the Commonwealth 8 The following laws are exempt, to the extent that they deal with packaging 9 and labelling of pharmaceutical drugs and would be affected by Part 2 of 10 this Act-- 11 Poisons and Therapeutic Goods Act 1966 of New South Wales 12 Drugs, Poisons and Controlled Substances Act 1981 of Victoria 13 Therapeutic Goods (Victoria) Act 1994 of Victoria 14 Poisons Regulation 1973 under the Health Act 1937 of Queensland 15 Poisons Act 1964 of Western Australia 16 Controlled Substances Act 1984 of South Australia 17 Poisons Act 1971 of Tasmania 18 Poisons and Dangerous Drugs Act 1983 of the Northern Territory 19 Poisons and Drugs Act 1978 of the Australian Capital Territory 20
58 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 3 (continued) 2 Hazardous substances, industrial chemicals and dangerous goods 1 The following laws, to the extent that they deal with packaging and 2 labelling of hazardous substances, industrial chemicals and dangerous 3 goods and would be affected by Part 2 of this Act-- 4 Poisons and Therapeutic Goods Act 1966 of New South Wales 5 Drugs, Poisons and Controlled Substances Act 1981 of Victoria 6 Poisons Regulation 1973 under the Health Act 1937 of Queensland 7 Controlled Substances Act 1984 of South Australia 8 Poisons Act 1964 of Western Australia 9 Poisons Act 1971 of Tasmania 10 Poisons and Dangerous Drugs Act of the Northern Territory 11 Poisons and Drugs Act 1978 of the Australian Capital Territory 12 The following laws-- 13 Industrial Chemicals (Notification and Assessment) Act 1989 of the 14 Commonwealth 15 Occupational Health and Safety (Commonwealth Employment) Act 16 1991 of the Commonwealth 17 Occupational Health and Safety (Commonwealth Employment) 18 (National Standards) Regulations of the Commonwealth 19 Road Transport Reform (Dangerous Goods) Act 1995 of the 20 Commonwealth 21 Work Health Act 1986 of the Northern Territory 22 Work Health (Occupational Health and Safety) Regulations 1992 23 of the Northern Territory 24 Dangerous Goods Act 1980 of the Northern Territory 25 Dangerous Goods Regulations 1980 of the Northern Territory 26 Occupational Safety and Health Act 1984 of Western Australia 27
59 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 3 (continued) Occupational Safety and Health Regulations 1988 of Western 1 Australia 2 Explosives and Dangerous Goods Act 1961 of Western Australia 3 Dangerous Goods Regulations 1992 of Western Australia 4 Explosives Regulations 1963 of Western Australia 5 Occupational Health and Safety Act 1983 of New South Wales 6 Occupational Health and Safety (Hazardous Substances) 7 Regulation 1996 of New South Wales 8 Dangerous Goods Act 1975 of New South Wales 9 Dangerous Goods Regulation 1978 of New South Wales 10 Dangerous Goods (Gas Installations) Regulation 1982 of New 11 South Wales 12 Dangerous Goods Act 1985 of Victoria 13 Dangerous Goods Act 1976 of Tasmania 14 Factories, Shops and Industries Act 1962 of New South Wales 15 Dangerous Substances Act 1979 of South Australia 16 Occupational Health, Safety and Welfare Act 1986 of South 17 Australia 18 Occupational Health, Safety and Welfare Regulations 1995 of 19 South Australia 20 Occupational Health and Safety Act 1985 of Victoria 21 Regulations under the Occupational Health and Safety Act 1985 of 22 Victoria 23 Workplace Health and Safety Act 1995 of Queensland 24 Workplace Health and Safety Regulation 1989 of Queensland 25 Workplace Health and Safety Regulation 1995 of Queensland 26 Workplace Health and Safety (Hazardous Substances) Compliance 27 Standard 1995 of Queensland 28
60 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 3 (continued) Workplace Health and Safety (Lead) Compliance Standard 1995 of 1 Queensland 2 Workplace Health and Safety Act 1995 of Tasmania 3 Occupational Health and Safety Act 1989 of the Australian Capital 4 Territory 5 Occupational Health and Safety Regulations of the Australian 6 Capital Territory 7 Trade Practices Act 1974 of the Commonwealth, Division 1A of 8 Part V, to the extent that it relates to the regulation of, or issues in 9 relation to, child restraints for motor vehicles 10 Fair Trading Act 1987 of New South Wales, sections 26, 30, 31 11 and 38, to the extent that those sections relate to the regulation of 12 child restraints for motor vehicles 13 Fair Trading Act 1989 of Queensland, sections 81, 83, 85 and 85A, 14 to the extent that those sections relate to the regulation of child 15 restraints for motor vehicles 16 Consumer Affairs Act 1971 of Western Australia, sections 23Q, 17 23R and 23U, to the extent that those sections relate to the 18 regulation of child restraints for motor vehicles 19 Fair Trading Act 1987 of Western Australia, sections 50 and 59, to 20 the extent that those sections relate to the regulation of child 21 restraints for motor vehicles 22 3 Radiocommunications devices 23 Radiocommunications Act 1992 of the Commonwealth, other than 24 Division 7 of Part 4.1 of that Act to the extent that the Division deals with 25 labelling a device in accordance with the Radiocommunications 26 (Compliance Labelling -- Incidental Emissions) Notice 2001 made under 27 section 182 of that Act 28 29 Note-- 30 The Radiocommunications (Compliance Labelling -- Incidental Emissions) 31 Notice 2001 applies to devices to which the Radiocommunications (Electromagnetic 32 Compatibility) Standard 2001 applies.
61 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 3 (continued) 4 Road vehicles 1 Motor Vehicle Standards Act 1989 of the Commonwealth 2 5 Gas appliances 3 Gas Act 1986 of New South Wales 4 Gas Supply Act 1996 of New South Wales 5 Gas and Fuel Corporation Act 1958 of Victoria 6 Gas Industry Act 1994 of Victoria 7 Gas Act 1965 of Queensland 8 Gas Standards Act 1972 of Western Australia, to the extent that it relates to 9 regulation of gas appliances 10 Gas Act 1988 of South Australia 11 Dangerous Goods Act 1976 of Tasmania, to the extent that it relates to 12 regulation of gas appliances 13 Dangerous Goods Act 1980 of the Northern Territory, to the extent that it 14 relates to regulation of gas appliances 15 Gas Act 1992 of the Australian Capital Territory, to the extent that it relates 16 to regulation of gas appliances 17 Dangerous Goods Act 1984 of the Australian Capital Territory, to the extent 18 that it relates to regulation of gas appliances 19
62 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 4 1 EXEMPT LAWS RELATING TO OCCUPATIONS 2 section 49 3 1 Exempt laws 4 The laws specified or described in this Schedule are exempt from the 5 operation of this Act to the extent indicated. 6 2 Medical practitioners 7 The following laws, to the extent that they deal with the occupation of 8 medical practitioners as referred to in them-- 9 Medical Practice Act 1992 of New South Wales; 10 Medical Practice Act 1994 of Victoria; 11 Medical Act 1939 of Queensland; 12 Medical Act 1894 of Western Australia; 13 Medical Practitioners Act 1983 of South Australia; 14 Medical Practitioners Registration Act 1996 of Tasmania; 15 Medical Practitioners Act 1930 of the Australian Capital Territory; 16 Medical Act 1995 of the Northern Territory. 17
63 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 5 1 PRIVACY OF INFORMATION COLLECTED UNDER 2 THE ACT 3 section 39 4 PART 1--INTERPRETATION 5 1 Interpretation 6 In this Schedule-- 7 "consent" means express consent or implied consent. 8 "individual" means a natural person. 9 "individual concerned", in relation to personal information or a record of 10 personal information, means the individual to whom the information 11 relates. 12 "personal information" means information or an opinion (including 13 information or an opinion forming part of a database), whether true or 14 not, and whether recorded in a material form or not, about an 15 individual whose identity is apparent, or can reasonably be 16 ascertained, from the information or opinion. 17 "record" means-- 18 (a) a document; or 19 (b) a database (however kept); or 20 (c) a photograph or other pictorial representation of a person; 21 but does not include-- 22 (d) a generally available publication; or 23 (e) anything kept in a library, art gallery or museum for the purposes 24 of reference, study or exhibition; or 25
64 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 5 (continued) (f) letters or other articles in the course of transmission by post. 1 "solicit", in relation to personal information, means request a person to 2 provide that information, or a kind of information in which that 3 information is included. 4 "use", in relation to information, does not include mere disclosure of the 5 information, but does include the inclusion of the information in a 6 publication. 7 PART 2--PRINCIPLES 8 2 Solicitation of personal information from individual concerned 9 Where-- 10 (a) a local registration authority collects personal information under 11 this Act; and 12 (b) the information is solicited by the authority from the individuals 13 concerned; 14 the authority must ensure that the forms issued to individuals in connection 15 with collecting the information specify-- 16 (c) the purpose for which the information is being collected; and 17 (d) any person to whom, or any body or agency to which, it is the 18 authority's usual practice to disclose personal information of the 19 kind so collected, and (if known by the authority) any person to 20 whom, or any body or agency to which, it is the usual practice of 21 that first-mentioned person, body or agency to pass on that 22 information. 23 3 Storage and security of personal information 24 A local registration authority who has possession or control of a record 25 that contains personal information must ensure-- 26
65 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 5 (continued) (a) that the record is protected, by such security safeguards as it is 1 reasonable in the circumstances to take, against loss, against 2 unauthorised access, use, modification or disclosure, and against 3 other misuse; and 4 (b) that if it is necessary for the record to be given to a person in 5 connection with the provision of a service to the local registration 6 authority, everything reasonably within the power of the 7 authority is done to prevent unauthorised use or disclosure of 8 information contained in the record. 9 4 Limits on use of personal information 10 (1) A local registration authority who has possession or control of a 11 record that contains personal information that was obtained under this Act 12 for a particular purpose must not use the information for any other purpose 13 unless-- 14 (a) the individual concerned has consented to use of the information 15 for that other purpose; or 16 (b) use of the information for that other purpose is required or 17 authorised by or under law; or 18 (c) use of the information for that other purpose is reasonably 19 necessary for enforcement of the criminal law or of a law 20 imposing a pecuniary penalty, or for the protection of the public 21 revenue. 22 (2) Where personal information is used for enforcement of the criminal 23 law or of a law imposing a pecuniary penalty, or for the protection of the 24 public revenue, the local registration authority must include in the record 25 containing that information a note of that use. 26 5 Limits on disclosure for personal information 27 (1) A local registration authority who has possession or control of a 28 record that contains personal information must not disclose the information 29 to a person, body or agency (other than the individual concerned) unless-- 30
66 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 ATTACHMENT (continued) SCHEDULE 5 (continued) (a) the individual concerned is reasonably likely to have been aware, 1 or made aware under the principle set out in clause 2, that 2 information of that kind is usually passed to that person, body or 3 agency; or 4 (b) the individual concerned has consented to the disclosure; or 5 (c) the disclosure is required or authorised by or under law; or 6 (d) the disclosure is reasonably necessary for the enforcement of the 7 criminal law or of a law imposing a pecuniary penalty, or for the 8 protection of the public revenue. 9 (2) Where personal information is disclosed for the purposes of 10 enforcement of the criminal law or of a law imposing a pecuniary penalty, 11 or for the purpose of the protection of the public revenue, the local 12 registration authority must include in the record containing that 13 information a note of the disclosure. 14 (3) A person, body or agency to whom personal information is disclosed 15 under subclause (1) must not use or disclose the information for a purpose 16 other than the purpose for which the information was given to the person, 17 body or agency. 18 19 © State of Queensland 2003
AMENDMENTS TO BILL
1 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) BILL 2003 AMENDMENTS AGREED TO IN COMMITTEE 1 Clause 2-- At page 6, line 6, `section 12'-- omit, insert-- `sections 10A to 10C and 12'. 2 Clause 10-- At page 8, after line 13-- insert-- `(3) However, if the thing was done because of the expiry, this section is subject to section 10A. `10A Saving of acts done due to expiry `(1) The adoption of the Commonwealth Act under section 5 during the expiry period does not apply to an act done by a local registration authority during the expiry period if the act-- (a) was done because of the expiry; and (b) was valid when done; and (c) would, except for the expiry, be invalid if the Commonwealth Act were applied to it. Example-- If the lodgement of a notice was refused because of the expiry, the adoption of the Commonwealth Act under section 5 does not apply to that refusal so as to make it invalid.
2 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 `(2) Without limiting subsection (1), the adoption of the Commonwealth Act under section 5 during the expiry period does not apply to the extent of requiring the counting of any period for the purposes of part 3 of the Commonwealth Act during the expiry period. Example if notice given before expiry period-- If a notice was lodged under part 3 of the Commonwealth Act before the expiry period and a local registration authority did not deal with the notice during the expiry period, no part of the expiry period is counted in deciding the period that has passed since the notice was lodged. The counting of the period recommences on the enactment of this Act. Example if notice given during expiry period-- If a notice was purportedly lodged under part 3 of the Commonwealth Act during the expiry period and a local registration authority did not deal with the notice because of the expiry, no part of the expiry period is counted in deciding the period that has passed since the notice was lodged. The counting of the period commences on the enactment of this Act. `(3) Subsection (2) does not apply to the counting of a period by a local registration authority for the purposes of part 3 of the Commonwealth Act, if the local registration authority counted the period despite the expiry. `(4) In this section, a reference to the doing of an act includes a reference to the making of an omission. `(5) In this section-- "expiry" means the expiry of the previous Act. "expiry period" means the period between the expiry and the commencement of this section. "local registration authority" means a local registration authority as defined under the Commonwealth Act in relation to Queensland. `10B Limitation of liability `(1) A person is not liable for any loss or damage arising from anything to which section 10(2) applies if the person would not have been liable for the loss or damage if the previous Act had not expired before the thing was done or purported to be done. `(2) A person is not liable for any loss or damage arising out of any act of a local registration authority during the expiry period to the extent the act is done-- (a) on the basis that the previous Act had expired; or
3 Trans-Tasman Mutual Recognition (Queensland) Bill 2003 (b) on the basis that the previous Act had not expired or as if the previous Act had not expired; or (c) on the basis that the Commonwealth Act would again be adopted for Queensland, whether or not for the expiry period. `(3) In this section-- "expiry period" means the period between the expiry of the previous Act and the commencement of this section. "local registration authority" means a local registration authority as defined under the Commonwealth Act in relation to Queensland. "person" includes the State and a local registration authority. `10C Transitional regulation-making power `(1) A regulation (a "transitional regulation") may make provision about a matter for which-- (a) it is necessary to make provision-- (i) to allow or facilitate the doing of anything to achieve the transition from the operation of the previous Act to the operation of this Act; or (ii) without limiting subparagraph (i), to provide for anything done or not done between the expiry of the previous Act and the enactment of this Act; and (b) this Act does not make provision or sufficient provision. `(2) A transitional regulation may have retrospective operation to a day not earlier than 1 May 2003. `(3) A transitional regulation must declare it is a transitional regulation. `(4) This section and any transitional regulation expire 1 year after the commencement of this section.'.
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