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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Trans-Tasman
Mutual Recognition Bill 1996
No. ,
1996
(Industry, Science and
Tourism)
A Bill for an Act to provide for the
recognition within Australia of regulatory standards adopted in New Zealand
regarding goods and occupations
9617621—1,000/29.11.1996—(176/96) Cat.
No. 96 5571 9 ISBN 0644 483210
Contents
A Bill for an Act to provide for the recognition within
Australia of regulatory standards adopted in New Zealand regarding goods and
occupations
The Parliament of Australia enacts:
This Act may be cited as the Trans-Tasman Mutual Recognition Act
1996.
(1) This Part commences on the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act commence on a day or days to be
fixed by Proclamation.
(1) The principal purpose of this Act is to enact legislation authorised
by the Parliaments of States under paragraph (xxxvii) of section 51 of the
Commonwealth Constitution, and requested by the legislatures of the Australian
Capital Territory and the Northern Territory, for the purpose of recognising
within Australia regulatory standards adopted in New Zealand regarding goods and
occupations.
(2) The legislation is as contemplated by the Trans-Tasman Mutual
Recognition Arrangement entered into on 9 July 1996 between the Commonwealth of
Australia, New Zealand, the States of New South Wales, Victoria, Queensland,
Western Australia, South Australia and Tasmania, the Australian Capital
Territory and the Northern Territory.
(1) In this Act, unless the contrary intention appears:
Australia means Australia in a geographical sense, and does
not include the external territories.
Australian jurisdiction means a participating jurisdiction,
other than New Zealand.
Australian Tribunal means the Administrative Appeals Tribunal
or a successor to that body.
conditions, when used in relation to occupations, means
conditions, limitations or restrictions.
deemed registration means deemed registration as defined in
section 24.
designated person means:
(a) for New Zealand—a Minister of the Crown for New Zealand;
or
(b) for the Commonwealth—the Governor-General of Australia;
or
(c) for a State (other than a Territory)—the Governor of the State
or a Minister of the Crown for the State; or
(d) for the Australian Capital Territory—the Chief Minister for the
Territory; or
(e) for the Northern Territory—the Administrator of the
Territory.
equivalent, when used in relation to occupations, has a
meaning affected by Division 4 of Part 3.
goods means goods of any kind, and includes:
(a) animals or plants; or
(b) material of microbial origin; or
(c) a package containing goods; or
(d) a label attached to goods.
grant, when used in relation to registration, means grant,
issue or otherwise confer registration.
import into an Australian jurisdiction means import
from outside Australia.
labelling of goods includes any means by which, at the point
of sale, information is attached to goods or is displayed in relation to goods
without being attached to them.
local registration authority of a participating jurisdiction
for an occupation means the person or authority in the jurisdiction having the
function conferred by legislation of registering persons in connection with
their carrying on that occupation in the jurisdiction.
New Zealand has the meaning given by the Acts
Interpretation Act 1924 of New Zealand, as in force from time to
time.
New Zealand Act means the Act of the Parliament of New
Zealand (as amended and in force from time to time) that deals with Trans-Tasman
mutual recognition and corresponds to this Act, and includes any Act replacing
that Act (as amended and in force from time to time).
New Zealand Tribunal means the Trans-Tasman Occupations
Tribunal of New Zealand or a successor to that body.
occupation means an occupation, trade, profession or calling
of any kind that may be carried on only by registered persons, where
registration is wholly or partly dependent on the attainment or possession of
some qualification (for example, training, education, examination, experience,
character or being fit or proper), and includes a specialisation in any of the
above in which registration may be granted.
participating jurisdiction has the meaning given by section
50.
produce includes to manufacture, and also includes to harvest
or otherwise produce in the course of any form of primary production.
registration includes the licensing, approval, admission,
certification (including by way of practising certificates), or any other form
of authorisation, of a person required by or under legislation for carrying on
an occupation.
requirements, when used in relation to goods, means
requirements, prohibitions, restrictions or conditions.
sell includes sell by wholesale or retail, and includes
distribute for sale, expose or offer for sale or have in possession for sale or
agree to sell, and includes barter, and includes supply by way of exchange,
lease, hire or hire-purchase.
State includes the Australian Capital Territory or the
Northern Territory.
substantive registration means registration under a law of a
participating jurisdiction, but does not include deemed registration.
(2) A law specified or described in a Schedule to this Act includes
(unless otherwise stated in the Schedule) any relevant regulations or other
statutory instruments under that law.
(3) A law specified or described in a Schedule to this Act, including any
relevant regulations or other statutory instruments under that law, includes
(unless otherwise stated in the Schedule) any amendment or replacement of that
law, but only to the extent that the effect of the amendment or replacement does
not restrict the scope of this Act.
(4) A reference in this Act to the designated person is, in relation to a
participating jurisdiction for which there is or can be more than one designated
person, a reference to any one of them.
(5) This Act is to be interpreted in accordance with the Acts
Interpretation Act 1901 as in force at the date on which this Act receives
the Royal Assent.
(1) Subject to this section:
(a) this Act has effect despite anything in any other law of the
Commonwealth enacted or made before the commencement of this section;
and
(b) any law of the Commonwealth enacted or made after the commencement of
this section is to be construed as having effect subject to this Act, except
where that law expressly overrides this Act.
(2) Subject to subsection 51(2), nothing in this Act affects the operation
of the Mutual Recognition Act 1992.
(1) This Act applies to a State, but only while it is a participating
jurisdiction.
(2) Accordingly, a reference in this Act to a State is a reference to a
State that is a participating jurisdiction, and this Act does not affect the
operation of the laws of a State that is not a participating
jurisdiction.
(3) This Act does not affect the operation of a law of a State so far as
it can operate concurrently with this Act.
(1) The Governor-General may declare by Proclamation that this Act will
cease to have effect on a specified day, if satisfied that:
(a) New Zealand is not a participating jurisdiction and is not likely to
become a participating jurisdiction in the near future; or
(b) New Zealand is a participating jurisdiction but is likely to cease to
be a participating jurisdiction in the near future.
(2) Such a Proclamation cannot be made unless the designated person for
each of the participating jurisdictions (other than New Zealand and the
Commonwealth) has published a notice in the official gazette of the jurisdiction
requesting the making of the Proclamation.
(3) Such a Proclamation is effective according to its terms.
Subject to section 6, this Act binds the Crown in right of the
Commonwealth and of each of the States.
(1) The Trans-Tasman mutual recognition principle as applying to goods is
as set out in this Part.
(2) This Part deals with goods produced in or imported into New Zealand
and their sale in Australia.
The Trans-Tasman mutual recognition principle is that, subject to this
Part, goods produced in or imported into New Zealand, that may lawfully be sold
in New Zealand, either generally or in particular circumstances, may, by virtue
of this Act, be sold in an Australian jurisdiction either generally or in
particular circumstances (as the case may be), without the necessity for
compliance with further requirements imposed by or under the law of that
jurisdiction as described in section 11.
The further requirements referred to in section 10 are any one or more of
the following requirements relating to sale that are imposed by or under the law
of the Australian jurisdiction concerned:
(a) a requirement that the goods satisfy standards of the jurisdiction
relating to the goods themselves, including for example requirements relating to
their production, composition, quality or performance;
(b) a requirement that the goods satisfy standards of the jurisdiction
relating to the way the goods are presented, including for example requirements
relating to their packaging, labelling, date stamping or age;
(c) a requirement that the goods be inspected, passed or similarly dealt
with in or for the purposes of the jurisdiction;
(d) a requirement that any step in the production of the goods not occur
outside the jurisdiction;
(e) any other requirement relating to sale that would prevent or restrict,
or would have the effect of preventing or restricting, the sale of the goods in
the jurisdiction.
(1) The Trans-Tasman mutual recognition principle is subject to the
exceptions specified in this section.
(2) The first exception is that the principle does not affect the
operation of any laws of an Australian jurisdiction that regulate the manner of
the sale of goods in the jurisdiction or the manner in which sellers conduct or
are required to conduct their business in the jurisdiction (including laws set
out in the examples below), so long as those laws apply equally to goods
produced in or imported into the jurisdiction.
Examples: Laws relating to the following:
(a) the contractual aspects of the sale of
goods;
(b) the registration of sellers or other persons carrying
on occupations;
(c) the requirement for business franchise
licences;
(d) the persons to whom goods may or may not be
sold;
(e) the circumstances in which goods may or may not be
sold.
(3) The second exception is that the principle does not affect the
operation of any laws of an Australian jurisdiction regarding the
transportation, storage or handling of goods within the jurisdiction, so long
as:
(a) those laws apply equally to goods produced in or imported into the
jurisdiction; and
(b) those laws are directed at matters affecting health and safety of
persons in the jurisdiction or at preventing, minimising or regulating
environmental pollution (including air, water, noise or soil pollution) in the
jurisdiction.
(4) The third exception is that the principle does not affect the
operation of any laws of an Australian jurisdiction regarding the inspection of
goods within the jurisdiction, so long as:
(a) inspection or the requirement for inspection is not a prerequisite to
the sale of the goods in the jurisdiction; and
(b) those laws apply equally to goods produced in or imported into the
jurisdiction; and
(c) those laws are directed at matters affecting the health and safety of
persons in the jurisdiction or at preventing, minimising or regulating
environmental pollution (including air, water, noise or soil pollution) in the
jurisdiction.
(1) It is a defence to a prosecution for an offence against a law of an
Australian jurisdiction in relation to the sale of any goods if the defendant
expressly claims that the Trans-Tasman mutual recognition principle applies and
establishes that:
(a) the goods were labelled at the point of sale with a statement to the
effect that the goods were produced in or imported into New Zealand;
and
(b) the defendant had no reasonable grounds for suspecting that they were
not so produced or imported.
(2) The defence is not available if the prosecution proves that the
Trans-Tasman mutual recognition principle did not apply in the circumstances of
the alleged offence (because for example the goods did not comply with
requirements imposed by the law of New Zealand).
(3) Any relevant presumptions or evidentiary procedures under the law of
New Zealand are available to the prosecution or defendant in relation to matters
sought to be proved by the prosecution under subsection (2).
(4) Any relevant defences under the law of New Zealand are available to
the defendant in relation to matters sought to be proved by the prosecution
under subsection (2).
(5) This section does not affect any defence that is available apart from
this section.
Nothing in this Part prevents goods from being sold in an Australian
jurisdiction if (apart from this Act) they comply with the relevant requirements
of the law in force in the jurisdiction.
(1) The Trans-Tasman mutual recognition principle as applying to
occupations is as set out in this Part.
(2) This Part deals with the ability of a person who is registered in
connection with an occupation in New Zealand to carry on an equivalent
occupation in Australia.
(1) The Trans-Tasman mutual recognition principle is that, subject to this
Part, a person who is registered in New Zealand for an occupation is, by virtue
of this Act, entitled after notifying the local registration authority of an
Australian jurisdiction for the equivalent occupation:
(a) to be registered in the jurisdiction for the equivalent occupation;
and
(b) pending such registration, to carry on the equivalent occupation in
the jurisdiction.
(2) However, the Trans-Tasman mutual recognition principle is subject to
the exception that it does not affect the operation of laws that regulate the
manner of carrying on an occupation in an Australian jurisdiction, so long as
those laws:
(a) apply equally to all persons carrying on or seeking to carry on the
occupation under the law of the jurisdiction; and
(b) are not based on the attainment or possession of some qualification or
experience relating to fitness to carry on the occupation.
(1) This Part applies to individuals and occupations carried on by
them.
(2) This Part extends to an occupation carried on by an individual, where
the individual is subject to more than one system of registration or more than
one local registration authority in a participating jurisdiction, and
accordingly this Part applies in relation to each such system of registration
and each such authority.
(3) Without limiting subsection (2), an example of such an occupation is
that of a legal practitioner, which involves both the admission as a legal
practitioner by a court and the issue of a practising certificate by another
body.
(1) A person who is registered in New Zealand for an occupation may lodge
a written notice with the local registration authority of an Australian
jurisdiction for the equivalent occupation, seeking registration for the
equivalent occupation in accordance with the Trans-Tasman mutual recognition
principle.
(2) The notice must:
(a) state that the person is registered for the occupation in New Zealand;
and
(b) state the occupation for which registration is sought and that it is
being sought in accordance with the Trans-Tasman mutual recognition principle;
and
(c) specify all the participating jurisdictions in which the person has
substantive registration for equivalent occupations; and
(d) state that the person is not the subject of disciplinary proceedings
in any participating jurisdiction (including any preliminary investigations or
action that might lead to disciplinary proceedings) in relation to those
occupations; and
(e) state that the person's registration in any participating jurisdiction
is not cancelled or currently suspended as a result of disciplinary action; and
(f) state that the person is not otherwise personally prohibited from
carrying on any such occupation in any participating jurisdiction, and is not
subject to any special conditions in carrying on that occupation, as a result of
criminal, civil or disciplinary proceedings in any participating jurisdiction;
and
(g) specify any special conditions to which the person is subject in
carrying on any such occupation in any participating jurisdiction; and
(h) give consent to the making of inquiries of, and the exchange of
information with, the authorities of any participating jurisdiction regarding
the person's activities in the relevant occupation or occupations or otherwise
regarding matters relevant to the notice.
(3) The notice must be accompanied by a document that is either the
original or a copy of the instrument evidencing the person's existing
registration (or, if there is no such instrument, by sufficient information to
identify the person and the person's registration).
(4) As regards the instrument evidencing the person's existing
registration, the person must certify in the notice that the accompanying
document is the original or a complete and accurate copy of the
original.
(5) The statements and other information in the notice must be verified by
statutory declaration.
(6) The local registration authority may permit the notice to be amended
after it is lodged.
(1) A person who lodges a notice under section 18 with a local
registration authority of an Australian jurisdiction is entitled to be
registered in the equivalent occupation, as if the law of the jurisdiction that
deals with registration expressly provided that registration in New Zealand is a
sufficient ground of entitlement to registration.
(2) The local registration authority may grant registration on that ground
and may grant renewals of such registration.
(3) Once a person is registered on that ground, the entitlement to
registration continues, whether or not registration (including any renewal of
registration) ceases in New Zealand.
(4) Continuance of registration is otherwise subject to the laws of the
jurisdiction, to the extent to which those laws:
(a) apply equally to all persons carrying on or seeking to carry on the
occupation under the law of the jurisdiction; and
(b) are not based on the attainment or possession of some qualification or
experience relating to fitness to carry on the occupation.
(5) The local registration authority may impose conditions on
registration, but may not impose conditions that are more onerous than would be
imposed in similar circumstances (having regard to relevant qualifications and
experience) if it were registration effected apart from this Part, unless they
are conditions that apply to the person's registration in New Zealand or that
are necessary to achieve equivalence of occupations.
(6) This section has effect subject to this Part.
(1) Registration must be granted within one month after the notice is
lodged with the local registration authority under section 18.
(2) When granted, registration takes effect as from the date the notice
was lodged.
(3) However, the local registration authority may, subject to this Part
and within one month after the notice was lodged, postpone or refuse the grant
of registration.
(4) If the local registration authority neither grants the registration
nor takes action under subsection (3) within the period of one month after the
notice is lodged, the person is entitled to registration immediately at the end
of that period and no objection may be taken to the notice on any of the grounds
on which refusal or postponement may be effected, except where fraud is
involved.
(1) A local registration authority may postpone the grant of registration,
if:
(a) any of the statements or information in the notice as required by
section 18 are materially false or misleading; or
(b) any document or information as required by section 18(3) has not been
provided or is materially false or misleading; or
(c) the circumstances of the person lodging the notice have materially
changed since the date of the notice or the date it was lodged; or
(d) the authority decides that the occupation in which registration is
sought is not an equivalent occupation.
(2) If the grant of registration has been postponed, the local
registration authority may in due course grant or refuse the
registration.
(3) The local registration authority may not postpone the grant of
registration for longer than a period of 6 months, and the person is entitled to
registration immediately, at the end of that period, unless registration was
refused at or before the end of that period.
(4) Nothing in subsection (3) prevents earlier registration from being
granted on a review by the Australian Tribunal.
(1) A local registration authority may refuse the grant of registration,
if:
(a) any of the statements or information in the notice as required by
section 18 are materially false or misleading; or
(b) any document or information as required by section 18(3) has not been
provided or is materially false or misleading; or
(c) the authority decides that the occupation in which registration is
sought is not an equivalent occupation and equivalence cannot be achieved by the
imposition of conditions.
(2) A decision to refuse to grant registration on the ground that the
occupation in which registration is sought is not an equivalent occupation takes
effect at the end of a specified period (not less than 2 weeks) after the person
is notified of the decision, unless it has been previously revoked or there is
an application for review to the Australian Tribunal, in which case the Tribunal
may make whatever orders it considers appropriate.
A local registration authority must give the person who lodges a notice
in accordance with section 18 a notice in writing of its decision to grant
registration, or to postpone or refuse the grant of registration, or to impose
conditions on registration.
(1) A person who lodges a notice under section 18 with a local
registration authority of an Australian jurisdiction is, pending the grant or
refusal of registration, taken to be registered as provided in section
19.
(2) Such registration is called deemed registration in this
Act.
(3) Deemed registration in one Australian jurisdiction does not of itself
provide a basis for registration in another Australian jurisdiction.
(1) A person's deemed registration in an Australian jurisdiction continues
until it is cancelled or suspended or otherwise ceases in accordance with this
Part.
(2) A person's deemed registration in an Australian jurisdiction ceases if
the person becomes substantively registered in the jurisdiction in connection
with the occupation concerned.
(3) A person's deemed registration in an Australian jurisdiction ceases if
the local registration authority of the jurisdiction refuses to grant
registration, subject to any determination of the Australian Tribunal.
(4) A person's deemed registration in an Australian jurisdiction ceases if
the person ceases to be substantively registered in every other participating
jurisdiction mentioned in the notice as required by section 18(2)(c).
(5) A local registration authority of an Australian jurisdiction may
cancel a person's deemed registration in the jurisdiction if the person requests
cancellation.
(6) Deemed registration is not affected by postponement of the grant of
substantive registration.
(1) A person who has deemed registration in an Australian jurisdiction may
carry on the occupation in the jurisdiction as if the deemed registration were
substantive registration in the jurisdiction.
(2) However, the person may do so only:
(a) within the limits conferred by the person's substantive registration
in New Zealand; and
(b) within the limits conferred by the person's deemed registration in the
Australian jurisdiction; and
(c) subject to any conditions or undertakings applying to the person's
registration in New Zealand, unless waived by the local registration authority
of the Australian jurisdiction under this section; and
(d) subject to any conditions applying to the person's deemed
registration.
(3) Without limiting anything in this Division:
(a) the person may not carry on the occupation in the Australian
jurisdiction without complying with any requirements regarding insurance,
fidelity funds, trust accounts and the like that are designed to protect the
public, clients, customers or others; and
(b) a person who has deemed registration in an occupation in the
Australian jurisdiction is subject to any disciplinary provisions and
arrangements that are applicable to persons who are substantively registered in
the jurisdiction; and
(c) references in the law of the Australian jurisdiction to persons
registered in an occupation under the law of the jurisdiction (however
expressed) extend to persons who have deemed registration for the occupation
under this Act.
(4) However, the local registration authority of the Australian
jurisdiction may waive any condition imposed under the law of New Zealand, or
any undertaking given to the local registration authority of New Zealand, if it
thinks it appropriate in the circumstances.
(5) The local registration authority of the Australian jurisdiction may
impose conditions as if deemed registration were substantive registration, but
it must not impose conditions that are more onerous than would be imposed in
similar circumstances (having regard to relevant qualifications and experience)
if it were registration effected apart from this Part, unless they correspond to
conditions or undertakings that apply to the person's registration in New
Zealand or that are necessary to achieve equivalence of
occupations.
The equivalence of occupations carried on in different participating
jurisdictions is, for the purposes of this Act, to be determined in accordance
with this Part.
(1) An occupation for which persons may be registered in New Zealand is
taken to be equivalent to an occupation for which persons may be registered in
an Australian jurisdiction if the activities authorised to be carried out under
each registration are substantially the same (whether or not this result is
achieved by means of the imposition of conditions).
(2) Conditions may be imposed on registration under this Part so as to
achieve equivalence between occupations in different participating
jurisdictions.
(3) This section has effect subject to any relevant declarations in force
under this Division.
(1) This Part is to be given effect in accordance with relevant
declarations (if any) made under this Division regarding equivalent
occupations.
(2) If a declaration made by the Australian Tribunal under section 30 and
a declaration made by Ministers under section 31 are inconsistent, the
ministerial declaration prevails.
(3) A declaration under this Part does not affect the registration of any
person already registered (except in the case of a declaration made by the
Australian Tribunal in relation to that person specifically).
(1) On a review, the Australian Tribunal may make an order that a person
who is registered in a particular occupation in New Zealand is or is not
entitled to registration in an Australian jurisdiction in a particular
occupation, and may specify or describe conditions that will achieve
equivalence.
(2) On a review, the Australian Tribunal may make a declaration that
occupations carried on in New Zealand and an Australian jurisdiction are not
equivalent, but only if the Australian Tribunal is satisfied that:
(a) the activities involved in the occupations are not substantially the
same (even with the imposition of conditions); or
(b) registration in New Zealand should not entitle registered persons to
carry on a particular activity or class of activity in an Australian
jurisdiction, where:
(i) the activity or class of activity is a material part of the practice
of a person registered in New Zealand for the occupation; and
(ii) the activity or class of activity, if carried out by a person not
conforming to the appropriate standards, could reasonably be expected to expose
persons in the Australian jurisdiction to a real threat to their health or
safety or could reasonably be expected to cause significant environmental
pollution (including air, water, noise or soil pollution); and
(iii) it is not practicable to protect the health or safety of such
persons from that threat or the environment from such pollution by regulating
the manner in which services in the occupation are provided.
(3) The Registrar or other proper officer of the Australian Tribunal must
cause a notice setting out the terms of a declaration under this section to be
promptly published in the Commonwealth of Australia Gazette.
(4) A declaration made on the basis of paragraph (2)(b) has effect for no
longer than 12 months, and the local registration authority must promptly notify
appropriate authorities in each other participating jurisdiction of the
declaration.
(5) The local registration authority is to give effect to the decision on
the review, and must thereafter act in conformity with the decision in relation
to other persons seeking registration.
(1) A Minister from New Zealand and a Minister from each of one or more
Australian jurisdictions may jointly declare, by notice in the Commonwealth
of Australia Gazette, that specified occupations are equivalent, and may
specify or describe conditions that will achieve equivalence.
(2) The declaration may be amended or rescinded in the same way.
(3) The declaration has effect only in relation to the participating
jurisdictions concerned.
(4) The appropriate local registration authority is to give effect to the
declaration.
(1) If a person's registration in an occupation in New Zealand:
(a) is cancelled or suspended; or
(b) is subject to a condition;
on disciplinary grounds, or as a result of or in anticipation of criminal,
civil or disciplinary proceedings, then the person's registration in the
equivalent occupation in an Australian jurisdiction is affected in the same
way.
(2) However, the local registration authority of the Australian
jurisdiction may reinstate any cancelled or suspended registration or waive any
such condition if it thinks it appropriate in the circumstances.
(3) This section extends to registration effected apart from this
Act.
(4) This section has effect despite any other provisions of this
Part.
(1) Subject to the Administrative Appeals Tribunal Act 1975,
application may be made to the Australian Tribunal for review of a decision of a
local registration authority of an Australian jurisdiction in relation to its
functions under this Act.
(2) In subsection (1):
decision has the same meaning as in the
Administrative Appeals Tribunal Act 1975.
(3) If a local registration authority gives a person written notice of the
making of a decision referred to in subsection (1), the notice must include a
statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975,
application for review of the decision may be made to the Australian Tribunal by
a person whose interests are affected by the decision; and
(b) except where subsection 28(4) of that Act applies, application may be
made in accordance with section 28 of that Act by or on behalf of that person
for a statement in writing setting out the findings on material questions of
fact, referring to the evidence or other material on which those findings were
based, and giving the reasons for the decision.
(4) Any failure to comply with a requirement of subsection (3) does not
affect the validity of the decision.
The Australian Tribunal may order a party in proceedings before it to pay
costs if the party has acted unreasonably.
(1) The purpose of this section is to promote consistency between
decisions made by the Australian Tribunal for the purposes of this Act and
decisions made by the New Zealand Tribunal for the purposes of the New Zealand
Act.
(2) In making decisions for the purposes of this Act, the Australian
Tribunal is to have regard to decisions of the New Zealand Tribunal.
(3) For the purposes of a review of a decision referred to in subsection
33(1) of this Act, the President of the Australian Tribunal may, in the exercise
of the power under paragraph 20(1A)(b) of the Administrative Appeals Tribunal
Act 1975, direct that the persons who are to constitute the Australian
Tribunal for the purposes of that review include:
(a) the Chairperson of the New Zealand Tribunal; or
(b) a person included on the panel maintained under the New Zealand Act
who is nominated by the Chairperson of the New Zealand Tribunal for the purposes
of that review.
(4) The President of the Australian Tribunal must exercise the power given
by subsection (3) in accordance with arrangements made from time to time between
the President and the Chairperson of the New Zealand Tribunal.
(5) A reference in Part III, IIIA, IV or VI of the Administrative
Appeals Tribunal Act 1975 to a member includes a reference to a person
included in a direction under subsection (3).
(6) In spite of anything in any other Act, the Chairperson of the New
Zealand Tribunal, or a person included on the panel maintained under the New
Zealand Act, is not entitled to remuneration or allowances in respect of service
as a member of the Australian Tribunal as permitted by this Act.
(7) Service by a member of the Australian Tribunal on the New Zealand
Tribunal under the New Zealand Act is taken for all purposes of Australian law
to be service as a member of the Australian Tribunal.
Residence or domicile in a particular participating jurisdiction is not
to be a prerequisite for or a factor in entitlement to the grant, renewal or
continuation of registration arising under this Part.
(1) A local registration authority of an Australian jurisdiction must
furnish without delay any information reasonably required by a local
registration authority of another participating jurisdiction about a person
substantively registered under a law of the Australian jurisdiction.
(2) The obligation imposed under this section does not apply unless the
authority of the other participating jurisdiction notifies the authority of the
firstmentioned jurisdiction that the information is required in connection
with:
(a) a notice lodged by a person seeking registration; or
(b) a person's deemed registration; or
(c) actual or possible disciplinary action against the person.
(3) The authority of the firstmentioned jurisdiction is empowered to
provide the information, despite any law relating to secrecy, confidentiality or
privacy.
(4) Nothing in this section affects any obligation or power to provide
information apart from this section.
If a local registration authority of an Australian jurisdiction receives
information under section 37 of this Act or the corresponding provision of the
New Zealand Act, the information is subject to any law relating to secrecy,
confidentiality or privacy that would apply if the information were provided
under the law of the jurisdiction under which the authority is constituted or
exercises its functions.
(1) It is the duty of each local registration authority of an Australian
jurisdiction to facilitate the operation of this Part in relation to the
occupations for which the authority is responsible, and in particular to make
use of the power to impose conditions in such a way as to promote the
Trans-Tasman mutual recognition principle.
(2) It is the duty of each local registration authority of an Australian
jurisdiction to prepare and make available guidelines and information regarding
the operation of this Part in relation to the occupations for which the
authority is responsible.
(3) The first such guidelines and information are to be available within 6
months after the commencement of this section.
(4) In dealing with information obtained or to be obtained under this Act,
a local registration authority of an Australian jurisdiction must have regard to
the principles relating to information privacy set out in Schedule 5.
(5) Nothing in subsection (4) or in Schedule 5:
(a) affects the operation or validity of any decision or other action
taken under this Act; or
(b) gives rise to, or can be taken into account in, any civil cause of
action; or
(c) creates rights or duties that are enforceable in judicial or other
proceedings.
(1) A local registration authority of an Australian jurisdiction has power
to impose fees in relation to substantive or deemed registration or the
continuance of registration arising under this Part, but any such fees may not
be greater than are applicable for registration apart from this Part.
(2) Nothing in this section prevents the fixing or prescribing of fees
referred to in this section under any other law of an Australian jurisdiction,
but the fees may not be greater than can be imposed under this
section.
(3) The local registration authority may impose a condition on substantive
or deemed registration arising under this Part to the effect that a person may
not carry out activities under registration unless a fee or other payment has
been paid, but such a condition may not be imposed unless it corresponds to a
requirement attaching to registration apart from this Part.
(4) This section does not authorise the imposition of a tax.
(1) Neither substantive or deemed registration, nor entitlement to
registration, under this Part requires compliance with any statutory or other
formalities requiring personal attendance in the Australian jurisdiction
concerned.
(2) This section applies to formalities that would otherwise have to be
complied with before, at or after registration.
Nothing in this Part prevents a person from seeking registration or being
registered for an occupation under a law apart from this Part.
(1) For the purposes of this Part, a jurisdiction endorses a regulation if
the designated person for the jurisdiction publishes a notice in the official
gazette of the jurisdiction setting out and endorsing the terms of the
regulation before it is made.
(2) However, the making of a recommendation by a Minister to the
Governor-General for the making of a regulation amounts to endorsement of the
regulation by the Commonwealth, and the Commonwealth is taken to have endorsed
the regulation for the purposes of this Part if the regulation is in fact
made.
(1) This Act does not affect laws of an Australian jurisdiction specified
or described in Schedule 1, to the extent that Schedule 1 indicates that they
are excluded from the operation of this Act.
(2) The Governor-General may make regulations amending
Schedule 1.
(3) A regulation may not be made for the purposes of this section unless
all of the then participating jurisdictions have endorsed the
regulation.
(4) However:
(a) if such a regulation merely omits or reduces the extent of an
exclusion of a law of a State from Schedule 1, the regulation may be made if the
State has endorsed the regulation; or
(b) if such a regulation amends Part 2 of Schedule 1 by substituting or
adding a law of a State that relates to a matter referred to in paragraph (a),
(b), (c) or (d) of subclause 1(1) of Part 1 of that Schedule, the regulation may
be made if the State has endorsed the regulation.
(1) This Act does not affect the operation of laws of an Australian
jurisdiction specified or described in Schedule 2, to the extent that Schedule 2
indicates that they are exempt from the operation of this Act.
(2) Such an exemption may be limited or unlimited in its application. If a
law is specified or described in Schedule 2 without any limitation, it is taken
to be wholly exempt from the operation of this Act.
(3) The Governor-General may make regulations amending
Schedule 2.
(4) A regulation may not be made for the purposes of this section unless
all of the then participating jurisdictions have endorsed the
regulation.
(5) However:
(a) if such a regulation relates solely to one or more laws specified or
described in Schedule 3 and will not take effect within 5 years after the
commencement of section 48, the regulation may be made if at least two-thirds of
the then participating jurisdictions have endorsed the regulation; or
(b) if such a regulation merely omits or reduces the extent of an
exemption of a law of a State from Schedule 2, the regulation may be made if the
State has endorsed the regulation.
(1) This Act does not:
(a) apply to the sale in an Australian jurisdiction of exempt goods;
or
(b) affect the operation of exempt laws of an Australian jurisdiction
relating to a particular kind of goods.
(2) For the purposes of this section, goods or laws are exempt if the
goods are of a kind, or the laws are, for the time being declared by or under an
Act or regulation of the jurisdiction to be exempt from the operation of this
Act.
(3) Any such exemptions have effect only if they are substantially for the
purpose of protecting the health and safety of persons in the jurisdiction or
preventing, minimising or regulating environmental pollution (including air,
water, noise or soil pollution) in the jurisdiction.
(4) No such exemption operates (together with the period of any previous
exemption) for longer than a period of 12 months or an aggregate period of 12
months.
(1) The purpose of this section is to create a mechanism to provide an
additional period not exceeding 12 months for legislative or other action to be
taken to implement a ministerial agreement arising out of consideration of an
exemption under section 46. However, this subsection does not provide grounds
for invalidating any regulations made for the purposes of this
section.
(2) This Act does not:
(a) apply to the sale in an Australian jurisdiction of exempt goods;
or
(b) affect the operation of exempt laws of an Australian jurisdiction
relating to a particular kind of goods.
(3) For the purposes of this section, goods or laws are exempt if the
goods are of a kind, or the laws are, for the time being declared by regulations
under this Act to be exempt from the operation of this Act.
(4) The Governor-General may make regulations for the purposes of this
section, but any such regulations may be made only if they have the effect of
continuing or reviving, wholly or partly, and with or without modification, the
effect of an exemption under section 46.
(5) Such a modification may only:
(a) in the case of an exemption relating to goods:
(i) limit the circumstances in which the goods are exempt; or
(ii) provide that the exemption does not apply if certain standards or
conditions are complied with in relation to the goods; or
(b) in the case of an exemption relating to a law:
(i) modify the operation of the law while the exemption operates;
or
(ii) provide that the exemption does not apply in relation to particular
goods if certain standards or conditions are complied with in relation to the
goods.
(6) The regulations may discontinue any exemption under this
section.
(7) A regulation may not be made for the purposes of this section unless
at least two-thirds of the then participating jurisdictions have endorsed the
regulation.
(8) No exemption under this section operates (together with the period of
any previous such exemption) for longer than a period of 12 months or an
aggregate period of 12 months after the corresponding exemption under section 46
ceases to operate.
(9) In this section:
ministerial agreement means an agreement of Ministers of
participating jurisdictions made in relation to goods or laws that are the
subject of an exemption under section 46.
(1) This Act does not affect the operation of laws of an Australian
jurisdiction that relate to goods and that are specified or described in
Schedule 3, to the extent that Schedule 3 indicates that they are exempt from
the operation of this Act.
(2) Such an exemption operates for no longer than a period of 12 months
after the commencement of this section, but may be extended in whole or in part
by the regulations from time to time by one or more further periods each not
exceeding 12 months.
(3) A regulation may not be made for the purposes of subsection (2) if the
exemption has expired or has otherwise ceased to be in force.
(4) The Governor-General may make regulations amending Schedule 3 for
the purposes of subsection (2) or (6).
(5) A regulation may not be made for the purposes of this section unless
at least two-thirds of the then participating jurisdictions have endorsed the
regulation.
(6) However, if such a regulation merely omits any matter relating to an
exemption that has expired or has otherwise ceased to be in force, the
regulation may be made if the Commonwealth has endorsed the
regulation.
(1) This Act does not affect the operation of laws of an Australian
jurisdiction that relate to occupations and that are specified or described in
Schedule 4, to the extent that Schedule 4 indicates that they are exempt from
the operation of this Act.
(2) The Governor-General may make regulations amending
Schedule 4.
(3) A regulation may not be made for the purposes of this section unless
all of the then participating jurisdictions have endorsed the
regulation.
(4) However, if such a regulation amends Schedule 4 by omitting a law of a
State, the regulation may be made if the State has endorsed the
regulation.
For the purposes of this Act, a participating jurisdiction is:
(a) New Zealand, while there is in force an Act of its Parliament that
corresponds to this Act; or
(b) the Commonwealth; or
(c) a State (other than a Territory) for which there is in force an Act of
its Parliament that refers to the Parliament of the Commonwealth the power to
enact this Act, or that adopts this Act, under paragraph (xxxvii) of section 51
of the Commonwealth Constitution; or
(d) a Territory (being the Australian Capital Territory or the Northern
Territory) for which there is in force an Act of its legislature that requests
the Parliament of the Commonwealth to enact this Act or that enables this Act to
apply in relation to it.
(1) The Trans-Tasman mutual recognition principle and the provisions of
this Act may be taken into consideration in proceedings of any kind and for any
purpose.
(2) Nothing in this Act or the Mutual Recognition Act 1992 prevents
a person from relying on the Trans-Tasman mutual recognition principle in
relation to more than one Australian jurisdiction.
In cases where Part 3 provides that conditions or undertakings that apply
or are relevant to registration in New Zealand also apply or are relevant to
registration in an Australian jurisdiction, they are to be construed with any
necessary adaptations, including the following (where appropriate and so far as
practicable):
(a) references to New Zealand are to be read as references to the
Australian jurisdiction;
(b) references to officers or authorities of New Zealand are to be read as
references to the corresponding officers or authorities of the Australian
jurisdiction.
(1) For the purpose of determining where goods are produced for the
purposes of this Act, goods are taken to be produced in New Zealand if the most
recent step in the process of producing the goods (including for example
processing, harvesting or packaging the goods) has occurred there.
(2) Subsection (1) applies even though:
(a) the process of production may be incomplete; or
(b) some steps in the process have not yet been carried out; or
(c) some steps in the process were carried out elsewhere; or
(d) the goods or a component of the goods were imported into New
Zealand.
Without limiting any other power under any other Act, the
Governor-General may make regulations for the purposes mentioned in section
46.
Note: See section 44.
(1) The laws specified or described in this Schedule are excluded from the
operation of this Act, so far as they relate to:
(a) customs controls and tariffs—but only to the extent that the
laws provide for the imposition of tariffs and related measures (for example,
anti-dumping and countervailing duties) and the prohibition or restriction of
imports; and
(b) intellectual property—but only to the extent that the laws
provide for the protection of intellectual rights and relate to requirements for
the sale of goods set out in section 11; and
(c) taxation and business franchises—but only to the extent that the
laws relate to taxes imposed on the sale of locally produced and imported goods
in a non-discriminatory way, including, for example, wholesale sales tax
(Commonwealth) and business franchise and stamp duties (States); and
(d) the implementation of international obligations—but only to the
extent that the laws implementing those obligations deal with the requirements
relating to the sale of goods set out in section 11.
(2) The laws specified or described in this Schedule are excluded only to
the extent that those laws would be affected by the Trans-Tasman mutual
recognition principle as applying to goods.
|
Prohibited imports |
|
Customs (Prohibited Imports) Regulations of the
Commonwealth |
|
Commerce (Trade Descriptions) Act 1905 of the
Commonwealth |
|
Any other laws of the Commonwealth, to the extent that they provide for the
prohibition or restriction of imports and would be affected by the Trans-Tasman
mutual recognition principle as applying to goods. |
|
Tariffs |
|
Customs Tariff Act 1995 of the Commonwealth |
|
Customs Act 1901 of the Commonwealth, Part XVB |
|
Customs Tariff (Anti-Dumping) Act 1975 of the Commonwealth |
|
Patents Act 1990 of the Commonwealth |
|
Trade Marks Act 1995 of the Commonwealth |
|
Designs Act 1906 of the Commonwealth |
|
Olympic Insignia Protection Act 1987 of the Commonwealth |
|
Scout Association Act 1924 of the Commonwealth |
|
Defence (Transitional Provisions) Act 1946 of the
Commonwealth |
|
Defence Transition (Residual Provisions) Act 1952 of the
Commonwealth |
|
Plant Breeder's Rights Act 1994 of the Commonwealth |
|
Copyright Act 1968 of the Commonwealth |
|
Circuit Layouts Act 1989 of the Commonwealth |
|
Sydney 2000 Games (Indicia and Images) Protection Act 1996 of the
Commonwealth |
|
Unauthorised Documents Act 1922 of New South Wales |
|
Unauthorized Documents Act 1958 of Victoria |
|
Badge, Arms, Floral and other Emblems of Queensland Act 1959 of
Queensland |
|
Armorial Bearings Protection Act 1979 of Western Australia |
|
Unauthorised Documents Act 1916 of South Australia |
|
Unauthorized Documents Act 1986 of Tasmania |
|
City of Canberra Arms Act 1932 of the Australian Capital
Territory |
|
Flag and Emblem Act 1985 of the Northern Territory |
|
Wildlife Protection (Regulation of Exports and Imports) Act 1982 of
the Commonwealth, sections 21 and 22, to the extent that they implement the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora |
|
Hazardous Waste (Regulation of Exports and Imports) Act 1989 of the
Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24-31, 34 and 39, to the extent
that they implement the Basel Convention on the Control of Transboundary
Movement of Hazardous Wastes and their Disposal 1989 |
|
The following laws, to the extent that they implement the Charter of the
United Nations (as it relates to the imposition of United Nations
sanctions): |
|
Charter of the United Nations Act 1945 of the Commonwealth, section
6 |
|
Air Navigation Act 1920 of the Commonwealth, section 26 |
|
Banking Act 1959 of the Commonwealth, section 71 |
|
Migration Act 1958 of the Commonwealth, subsection 31(3), paragraph
116(1)(g) and section 504 |
|
Customs Act 1901 of the Commonwealth, section 50 |
|
Protection of Movable Cultural Heritage Act 1986 of the
Commonwealth, to the extent that it implements the United Nations Educational,
Scientific and Cultural Organisation (UNESCO) Convention Regulating the
International Trade in Cultural Property 1970 |
|
The following laws, to the extent that they implement the European
Union-Australia Wine Agreement—Protection of Certain Names and
Expressions: |
|
Australian Wine and Brandy Corporation Act 1980 of the Commonwealth,
Part VIB and Part VIA (Label Integrity Program) |
|
Australian Wine and Brandy Corporation (Exports) Regulations of the
Commonwealth, Parts 3 and 4 |
|
Sales Tax Assessment Act 1992 of the Commonwealth |
|
Sales Tax (Exemptions and Classifications) Act 1992 of the
Commonwealth |
|
Laws of a State imposing or providing for the imposition, assessment or
collection of taxation, including stamp duties, and providing for business
licences. |
Note: See section 45.
The laws specified or described in this Schedule are exempt from the
operation of this Act.
A law of an Australian jurisdiction, including a law relating to
quarantine, to the extent that:
(a) the law is enacted or made substantially for the purpose of preventing
the entry or spread of any pest, disease, organism, variety, genetic disorder or
any other similar thing; and
(b) the law authorises the application of quarantine measures that do not
amount to an arbitrary or unjustifiable discrimination or to a disguised
restriction on trade between Australia and New Zealand and are not inconsistent
with the requirements of the Agreement establishing the World Trade
Organisation.
A law of an Australian jurisdiction, to the extent that it is enacted or
made substantially for the purpose of protecting a species or other class of
animals or plants from extinction in the jurisdiction and that it prohibits or
restricts the possession, sale, killing or capture of animals or plants of that
species or other class in the jurisdiction.
|
Firearms and other prohibited or offensive weapons |
|
Customs (Prohibited Imports) Regulations |
|
Fireworks |
|
Customs (Prohibited Imports) Regulations |
|
Indecent material |
|
Classification (Publications, Films and Computer Games) Act
1995 |
|
Ozone protection |
|
Ozone Protection Act 1989 |
|
Agricultural and veterinary chemicals |
|
Agricultural and Veterinary Chemicals Act 1994 |
|
Agricultural and Veterinary Chemicals Code Act 1994 |
|
Other |
|
Imported Food Control Act 1992 (to the extent that it deals with
risk categorised food commodities) |
|
Firearms and other prohibited or offensive weapons |
|
Firearms Act 1996 |
|
Fireworks |
|
Dangerous Goods Act 1975 (to the extent that it deals with
fireworks) |
|
Gaming machines |
|
Registered Clubs Act 1976, Parts 10 and 11 |
|
Indecent material |
|
Classification (Publications, Films and Computer Games) Enforcement Act
1995 |
|
Ozone protection |
|
Ozone Protection Act 1989 |
|
Firearms and other prohibited or offensive weapons |
|
Firearms Act 1958 |
|
Firearms Regulations 1995 |
|
Control of Weapons Act 1990 |
|
Control of Weapons Regulations 1990 |
|
Fireworks |
|
Dangerous Goods Act 1985 (to the extent that it deals with
fireworks) |
|
Dangerous Goods (Explosives) Regulations 1988, Part 8,
Division 5 |
|
Gaming machines |
|
Gaming Machine Control Act 1991 |
|
Indecent material |
|
Classification (Publications, Films and Computer Games) (Enforcement)
Act 1995 |
|
Ozone protection |
|
Environment Protection Act 1970, sections 16 and 41 (to the extent
that they deal with ozone depleting substances) and paragraph
71(1)(gba) |
|
Firearms and other prohibited or offensive weapons |
|
Weapons Act 1990 |
|
Fireworks |
|
Explosives Act 1952 (to the extent that it deals with
fireworks) |
|
Gaming machines |
|
Gaming Machine Act 1991 |
|
Indecent material |
|
Classification of Films Act 1991 |
|
Classification of Publications Act 1991 |
|
Ozone protection |
|
Environmental Protection (Interim) Regulation 1995 under the
Environmental Protection Act 1994 (to the extent that it deals with ozone
depleting substances) |
|
Firearms and other prohibited or offensive weapons |
|
Firearms Act 1973 |
|
Fireworks |
|
Explosives and Dangerous Goods Act 1961 (to the extent that it deals
with fireworks) |
|
Gaming machines |
|
Gaming Commission Act 1987 |
|
Indecent material |
|
Censorship of Films Act 1947 |
|
Indecent Publications and Articles Act 1902 |
|
Video Tapes Classification and Control Act 1987 |
|
Censorship Act 1996 |
|
Ozone protection |
|
Environmental Protection Act 1986 (to the extent that it deals with
ozone protection) |
|
Firearms and other prohibited or offensive weapons |
|
Firearms Act 1977 |
|
Firearms Regulations 1993 |
|
Summary Offences Act 1953, section 15 (to the extent that it deals
with firearms) |
|
Criminal Law Consolidation Act 1935, sections 32, 47A and
299A |
|
Fireworks |
|
Explosives Act 1936 (to the extent that it deals with
fireworks) |
|
Gaming machines |
|
Gaming Machines Act 1992 |
|
Gaming Machines Regulations 1993 |
|
Indecent material |
|
Classification (Publications, Films and Computer Games) Act
1995 |
|
Summary Offences Act 1953, sections 33 and 35 |
|
Ozone protection |
|
Environment Protection Act 1993, Part 8, Division 3 |
|
Other |
|
Environment Protection Act 1993, Part 8, Division 2 (dealing with
beverage containers) |
|
Firearms and other prohibited or offensive weapons |
|
Guns Act 1991 |
|
Firearms Act 1996 |
|
Fireworks |
|
Dangerous Goods Act 1976 (to the extent that it deals with
fireworks) |
|
Gaming machines |
|
Gaming Control Act 1993 (to the extent that it deals with gaming
machines) |
|
Indecent material |
|
Classification (Publications, Films and Computer Games) Enforcement Act
1995 |
|
Ozone protection |
|
Environmental Management and Pollution Control Act 1994 (to the
extent that it deals with ozone protection) |
|
Other |
|
Living Marine Resources Management Act 1995 (to the extent that it
relates to the possession, sale or capture of abalone, crayfish or scallops of a
certain minimum size) |
|
Firearms and other prohibited or offensive weapons |
|
Weapons Act 1991 |
|
Fireworks |
|
Dangerous Goods Act 1975 of New South Wales in its application to
the Australian Capital Territory (to the extent that it deals with
fireworks) |
|
Gaming machines |
|
Gaming Machine Act 1987 |
|
Indecent material |
|
Business Franchise ("X" Videos) Act 1990 |
|
Classification (Publications, Films and Computer Games) (Enforcement)
Act 1995 |
|
Ozone protection |
|
Ozone Protection Act 1991 |
|
Firearms and other prohibited or offensive weapons |
|
Firearms Act 1992 |
|
Fireworks |
|
Dangerous Goods Act 1980 (to the extent that it deals with
fireworks) |
|
Gaming machines |
|
Gaming Control Act 1993 |
|
Indecent material |
|
Classification of Publications and Films Act 1985 |
|
Ozone protection |
|
Ozone Protection Act 1990 |
Note: See section 48.
The laws specified or described in this Schedule are exempt from the
operation of this Act.
|
Therapeutic Goods Act 1989 of the Commonwealth |
|
Therapeutic Goods (Charges) Act 1989 of the
Commonwealth |
|
The following laws [are exempt], to the extent that they deal with
packaging and labelling of pharmaceutical drugs and would be affected by Part 2
of this Act: |
|
Poisons and Therapeutic Goods Act 1966 of New South Wales |
|
Drugs, Poisons and Controlled Substances Act 1981 of
Victoria |
|
Therapeutic Goods (Victoria) Act 1994 of Victoria |
|
Poisons Regulation 1973 under the Health Act 1937 of
Queensland |
|
Poisons Act 1964 of Western Australia |
|
Controlled Substances Act 1984 of South Australia |
|
Poisons Act 1971 of Tasmania |
|
Poisons and Dangerous Drugs Act 1983 of the Northern
Territory |
|
Poisons and Drugs Act 1978 of the Australian Capital
Territory |
|
The following laws, to the extent that they deal with packaging and
labelling of hazardous substances, industrial chemicals and dangerous goods and
would be affected by Part 2 of this Act: |
|
Poisons and Therapeutic Goods Act 1966 of New South Wales |
|
Drugs, Poisons and Controlled Substances Act 1981 of
Victoria |
|
Poisons Regulation 1973 under the Health Act 1937 of
Queensland |
|
Controlled Substances Act 1984 of South Australia |
|
Poisons Act 1964 of Western Australia |
|
Poisons Act 1971 of Tasmania |
|
Poisons and Dangerous Drugs Act of the Northern Territory |
|
Poisons and Drugs Act 1978 of the Australian Capital
Territory |
|
The following laws: |
|
Industrial Chemicals (Notification and Assessment) Act 1989 of the
Commonwealth |
|
Occupational Health and Safety (Commonwealth Employment) Act 1991 of
the Commonwealth |
|
Occupational Health and Safety (Commonwealth Employment) (National
Standards) Regulations of the Commonwealth |
|
Road Transport Reform (Dangerous Goods) Act 1995 of the
Commonwealth |
|
Work Health Act 1986 of the Northern Territory |
|
Work Health (Occupational Health and Safety) Regulations 1992 of the
Northern Territory |
|
Dangerous Goods Act 1980 of the Northern Territory |
|
Dangerous Goods Regulations 1980 of the Northern Territory |
|
Occupational Safety and Health Act 1984 of Western
Australia |
|
Occupational Safety and Health Regulations 1988 of Western
Australia |
|
Explosives and Dangerous Goods Act 1961 of Western
Australia |
|
Dangerous Goods Regulations 1992 of Western Australia |
|
Explosives Regulations 1963 of Western Australia |
|
Occupational Health and Safety Act 1983 of New South Wales |
|
Occupational Health and Safety (Hazardous Substances) Regulation
1996 of New South Wales |
|
Occupational Health and Safety (Carcinogenic Substances) (Transitional)
Regulation 1994 of New South Wales |
|
Dangerous Goods Act 1975 of New South Wales |
|
Dangerous Goods Regulation 1978 of New South Wales |
|
Dangerous Goods (Gas Installations) Regulation 1982 of New South
Wales |
|
Dangerous Goods Act 1985 of Victoria |
|
Dangerous Goods Act 1976 of Tasmania |
|
Factories, Shops and Industries Act 1962 of New South
Wales |
|
Dangerous Substances Act 1979 of South Australia |
|
Occupational Health, Safety and Welfare Act 1986 of South
Australia |
|
Occupational Health, Safety and Welfare Regulations 1995 of South
Australia |
|
Occupational Health and Safety Act 1985 of Victoria |
|
Regulations under the Occupational Health and Safety Act 1985 of
Victoria |
|
Workplace Health and Safety Act 1995 of Queensland |
|
Workplace Health and Safety Regulation 1989 of Queensland |
|
Workplace Health and Safety Regulation 1995 of Queensland |
|
Workplace Health and Safety (Hazardous Substances) Compliance Standard
1995 of Queensland |
|
Workplace Health and Safety (Lead) Compliance Standard 1995 of
Queensland |
|
Workplace Health and Safety Act 1995 of Tasmania |
|
Occupational Health and Safety Act 1989 of the Australian Capital
Territory |
|
Occupational Health and Safety Regulations of the Australian Capital
Territory |
|
Hazardous Substances Regulations of the Australian Capital
Territory |
|
Radiocommunications Act 1992 of the Commonwealth |
|
Motor Vehicle Standards Act 1989 of the Commonwealth |
|
Gas Act 1986 of New South Wales |
|
Gas Supply Act 1996 of New South Wales |
|
Gas and Fuel Corporation Act 1958 of Victoria |
|
Gas Industry Act 1994 of Victoria |
|
Gas Act 1965 of Queensland |
|
Gas Standards Act 1972 of Western Australia, to the extent that it
relates to regulation of gas appliances |
|
Gas Act 1988 of South Australia |
|
Dangerous Goods Act 1976 of Tasmania, to the extent that it relates
to regulation of gas appliances |
|
Dangerous Goods Act 1980 of the Northern Territory, to the extent
that it relates to regulation of gas appliances |
|
Gas Act 1992 of the Australian Capital Territory, to the extent that
it relates to regulation of gas appliances |
|
Dangerous Goods Act 1984 of the Australian Capital Territory, to the
extent that it relates to regulation of gas appliances |
Note: See section 49.
The laws specified or described in this Schedule are exempt from the
operation of this Act to the extent indicated.
The following laws, to the extent that they deal with the occupation of
medical practitioners as referred to in them:
|
Medical Practice Act 1992 of New South Wales; |
|
Medical Practice Act 1994 of Victoria; |
|
Medical Act 1939 of Queensland; |
|
Medical Act 1894 of Western Australia; |
|
Medical Practitioners Act 1983 of South Australia; |
|
Medical Practitioners Registration Act 1996 of Tasmania; |
|
Medical Practitioners Act 1930 of the Australian Capital
Territory; |
|
Medical Act 1995 of the Northern Territory. |
Note: See section 39.
In this Schedule:
consent means express consent or implied consent.
individual means a natural person.
individual concerned, in relation to personal information or
a record of personal information, means the individual to whom the information
relates.
personal information means information or an opinion
(including information or an opinion forming part of a database), whether true
or not, and whether recorded in a material form or not, about an individual
whose identity is apparent, or can reasonably be ascertained, from the
information or opinion.
record means:
(a) a document; or
(b) a database (however kept); or
(c) a photograph or other pictorial representation of a person;
but does not include:
(d) a generally available publication; or
(e) anything kept in a library, art gallery or museum for the purposes of
reference, study or exhibition; or
(f) letters or other articles in the course of transmission by
post.
solicit, in relation to personal information, means request a
person to provide that information, or a kind of information in which that
information is included.
use, in relation to information, does not include mere
disclosure of the information, but does include the inclusion of the information
in a publication.
Where:
(a) a local registration authority collects personal information under
this Act; and
(b) the information is solicited by the authority from the individuals
concerned;
the authority must ensure that the forms issued to individuals in
connection with collecting the information specify:
(c) the purpose for which the information is being collected;
and
(d) any person to whom, or any body or agency to which, it is the
authority's usual practice to disclose personal information of the kind so
collected, and (if known by the authority) any person to whom, or any body or
agency to which, it is the usual practice of that first-mentioned person, body
or agency to pass on that information.
A local registration authority who has possession or control of a record
that contains personal information must ensure:
(a) that the record is protected, by such security safeguards as it is
reasonable in the circumstances to take, against loss, against unauthorised
access, use, modification or disclosure, and against other misuse; and
(b) that if it is necessary for the record to be given to a person in
connection with the provision of a service to the local registration authority,
everything reasonably within the power of the authority is done to prevent
unauthorised use or disclosure of information contained in the record.
(1) A local registration authority who has possession or control of a
record that contains personal information that was obtained under this Act for a
particular purpose must not use the information for any other purpose
unless:
(a) the individual concerned has consented to use of the information for
that other purpose; or
(b) use of the information for that other purpose is required or
authorised by or under law; or
(c) use of the information for that other purpose is reasonably necessary
for enforcement of the criminal law or of a law imposing a pecuniary penalty, or
for the protection of the public revenue.
(2) Where personal information is used for enforcement of the criminal law
or of a law imposing a pecuniary penalty, or for the protection of the public
revenue, the local registration authority must include in the record containing
that information a note of that use.
(1) A local registration authority who has possession or control of a
record that contains personal information must not disclose the information to a
person, body or agency (other than the individual concerned) unless:
(a) the individual concerned is reasonably likely to have been aware, or
made aware under the principle set out in clause 2, that information of that
kind is usually passed to that person, body or agency; or
(b) the individual concerned has consented to the disclosure; or
(c) the disclosure is required or authorised by or under law; or
(d) the disclosure is reasonably necessary for the enforcement of the
criminal law or of a law imposing a pecuniary penalty, or for the protection of
the public revenue.
(2) Where personal information is disclosed for the purposes of
enforcement of the criminal law or of a law imposing a pecuniary penalty, or for
the purpose of the protection of the public revenue, the local registration
authority must include in the record containing that information a note of the
disclosure.
(3) A person, body or agency to whom personal information is disclosed
under subclause (1) must not use or disclose the information for a purpose other
than the purpose for which the information was given to the person, body or
agency.