Commonwealth of Australia Explanatory Memoranda

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MUTUAL RECOGNITION AMENDMENT BILL 2021

                                2019 - 2020 - 2021




      THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                     SENATE




            MUTUAL RECOGNITION AMENDMENT BILL 2021




            SUPPLEMENTARY EXPLANATORY MEMORANDUM


              Amendments to be Moved on Behalf of the Government




(Circulated by authority of the Assistant Minister to the Prime Minister and Cabinet,
                              the Hon Ben Morton MP)
  AMENDMENTS TO THE MUTUAL RECOGNITION AMENDMENT BILL 2021

Financial Impact Statement

This Bill is expected to have no financial impact on the Commonwealth.

NOTES ON AMENDMENTS

Amendment 1 - Clause 2, page 2 (table) - commencement

1. This amendment inserts a new commencement date to a day to be fixed by Proclamation,
   with provision for the amendments in the Bill to commence in 12 months from Royal
   Assent should proclamation not be made. The amendment is to account for any delay in
   the passage of the Bill.
Amendment 2 and 3 - Schedule 1, item 3, page 4 (lines 21 and 22) - commencement day

2. These amendments are consequential to the new commencement provision in
   Amendment 1.
Amendment 4 - Schedule 1, item 9, page 5 (after line 28) - mutual recognition matters

3. This amendment inserts a new definition of mutual recognition matters, which is
   consequential to the new definition of pre-adoption State by Amendment 5.
Amendment 5 - Schedule 1, item 11, page 6 (lines 3 to 11) - pre-adoption state

4. This amendment revises the definition of pre-adoption State in the Bill to ensure that the
   definition will operate as intended. The main difference with the new definition is to
   change how referring States are referred to.
Amendment 6 - Schedule 1, item 16, page 8 (lines 1 to 12) - participating jurisdiction

5. This amendment replaces the existing definition participating jurisdiction in the Bill to
   ensure that it captures all States and Territories. The new definition clarifies that any
   jurisdiction that has a law in force adopting the Mutual Recognition Act 1992 (Cth),
   whether as originally enacted or subsequently amended, is a participating jurisdiction.
Amendment 7 - Schedule 1, item 87, page 30 (line 29) - remove particular

6. This amendment removes the word particular to clarify that the conditions or
   circumstances giving rise to a significant risk to consumer protection etc. are not required
   to be unique to the declaring State.
Amendment 8, 9, 10 11 - Schedule 1, item 87, page 31 (line 34) and page 32 (lines 1, 4-9
and 14-21) - temporary exemption

7. These amendments are consequential to the change to the new commencement provision
   in Amendment 1 and enable temporary exemption declarations to sunset 12 months from
   commencement of Part 3A.



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