TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) ACT 2003 Reprinted as in force on 26 March 2010 The attachment in this reprint contains the Trans-Tasman Mutual Recognition Act 1997 (Cwlth) as at 10 March 2010; see endnote 4 Reprint No. 2 > TABLE OF PROVISIONS Contents 1. Short title 2. Commencement 3. Purpose 4. Definitions 5. Adoption of the Commonwealth Act 6. End of adoption of the Commonwealth Act 7. Endorsing proposed regulations under the Commonwealth Act 8. Regulation-making power 9. Attachment—Commonwealth Act 10. Validation 11. Saving of acts done due to expiry 12. Limitation of liability 13. Transitional regulation-making power 14. Review of Act ATTACHMENT -- COMMONWEALTH ACT Part 1--Preliminary 1. Short title 2. Commencement 3. Principal purpose 4. Interpretation 5. Operation of this Act in relation to the Commonwealth 6. Operation of this Act in relation to the States 7. Operation of this Act in relation to New Zealand 8. Crown bound Part 2--Goods 9. Trans-Tasman mutual recognition principle 10. Entitlement to sell goods 11. Requirements that do not need to be complied with 12. Requirements that do need to be complied with 13. Defences to offences regarding sale 14. Goods that comply with local law Part 3--Occupations Division 1--Preliminary 15. Trans-Tasman mutual recognition principle 16. Entitlement to carry on occupation 17. Application of this Part Division 2--Entitlement to registration 18. Notification to local registration authority 19. Entitlement to registration and continued registration 20. Action following notice 21. Postponement of registration 22. Refusal of registration 23. Notification of decision Division 3--Interim arrangements 24. Deemed registration 25. Duration of deemed registration 26. Activities under deemed registration Division 4--Equivalent occupations 27. Equivalent occupations 28. General principle 29. Declarations as to equivalent occupations 30. Declarations by Australian Tribunal 31. Declarations by Ministers Division 5--General provisions 32. Disciplinary action 33. Review of decisions 34. Costs 35. Co-operation with and membership of Trans-Tasman Occupations Tribunal (NZ) 36. Residence or domicile 37. Furnishing information 38. Receiving information 39. General responsibilities of local registration authorities 40. Fees 41. Formalities requiring personal attendance 42. Saving Part 4--Exclusions and exemptions 43. References to endorsing a proposed regulation 44. Exclusions 45. Permanent exemptions 46. Temporary exemptions 47. Continuation of temporary exemptions to enable implementation of ministerial agreements 48. Special exemptions 49. Exemptions relating to occupations Part 5--General 50. References to participating jurisdictions 51. Application of Trans-Tasman mutual recognition principle 52. Machinery provisions regarding limitations etc. 53. Determining place of production 54. Commonwealth regulations for temporary exemptions Part 1--Introduction 1. Excluded laws Part 2--Laws 2. Customs controls and tariffs (including laws relating to international obligations) 3. Intellectual property (including laws relating to the Paris Convention of 20 March 1983 for the Protection of Industrial Property) 4. Other international obligations 5. Taxation and business franchises Part 1--Laws relating to goods: general 1. Quarantine 2. Endangered species Part 2--Laws relating to goods: specific 3. Commonwealth 4. New South Wales 5. Victoria 6. Queensland 7. Western Australia 8. South Australia 9. Tasmania 10. Australian Capital Territory 11. Northern Territory 1. Therapeutic goods 2. Hazardous substances, industrial chemicals and dangerous goods 3. Radiocommunications devices 4. Road vehicles 1. Exempt laws 2. Medical practitioners Part 1--Interpretation 1. Interpretation Part 2--Principles 2. Solicitation of personal information from individual concerned 3. Storage and security of personal information 4. Limits on use of personal information 5. Limits on disclosure for personal information Endnotes - LONG TITLE An Act to adopt the Trans-Tasman Mutual Recognition Act 1997 (Cwlth), and for other purposes 1 Short title This Act may be cited as the Trans-Tasman Mutual Recognition (Queensland) Act 2003 . 2 Commencement This Act, other than sections 11 to 13, is taken to have commenced on 1 May 2003. 3 Purpose The purpose of this Act is to adopt the Trans-Tasman Mutual Recognition Act 1997 (Cwlth). 4 Definitions In this Act-- adopted means adopted by this Act. Commonwealth Act means the Trans-Tasman Mutual Recognition Act 1997 (Cwlth). previous Act means the Trans-Tasman Mutual Recognition (Queensland) Act 1999. 5 Adoption of the Commonwealth Act (1) The Commonwealth Act, as originally enacted and as amended from time to time by regulations made under the Commonwealth Act, is adopted under the Commonwealth of Australia Constitution Act, section 51(xxxvii). Editor's note-- The Commonwealth of Australia Constitution Act, section 51 provides-- (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) The adoption has effect for a period commencing on the day this section commences and ending on the day fixed under section 6 as the day on which the adoption ends. 6 End of adoption of the Commonwealth Act The Governor in Council may, at any time, fix by regulation a day as the day on which the adoption of the Commonwealth Act under section 5(1) ends. 7 Endorsing proposed regulations under the Commonwealth Act (1) The Governor may make a gazette notice for the Commonwealth Act, section 43 (1), as adopted. (2) A gazette notice under subsection (1) is subordinate legislation. 8 Regulation-making power The Governor in Council may make regulations under the Commonwealth Act, section 46, as adopted. 9 Attachment--Commonwealth Act (1) Attached to this Act is a copy of the Commonwealth Act as adopted. (2) The attachment is not part of this Act. (3) The attachment must be revised so that it is an accurate copy of the Commonwealth Act as amended from time to time and adopted under section 5(1). (4) The revision under subsection (3) must happen in the first reprint of this Act after an amendment of the Commonwealth Act. 10 Validation (1) This section applies to anything done, or purporting to have been done, after the expiry of the previous Act and before the enactment of this Act, and to which the previous Act would have had application if it had not expired. (2) The thing is taken to have, and always to have had, the same effect as it would have had if the previous Act had not expired. (3) However, if the thing was done because of the expiry, this section is subject to section 11. 11 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) 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. 12 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 (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. 13 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. 14 Review of Act The Minister must review this Act by 30 April 2008 to decide whether the provisions of this Act remain appropriate. - ATTACHMENT -- COMMONWEALTH ACT TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) ACT 2003 - LONG TITLE (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. TRANS-TASMAN MUTUAL RECOGNITION (QUEENSLAND) ACT 2003 - NOTES $$T $$NNOTES Page Date to which amendments incorporated 65 Key 66 Table of reprints 66 List of legislation 67 List of annotations 67 List of forms notified or published in the gazette 68 This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 26 March 2010. Future amendments of the Trans-Tasman Mutual Recognition (Queensland) Act 2003 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Key Explanation Key Explanation AIA = Acts Interpretation Act 1954 (prev) = previously amd = amended proc = proclamation amdt = amendment prov = provision ch = chapter pt = part def = definition pubd = published div = division R[X] = Reprint No. [X] exp = expires/expired RA = Reprints Act 1992 gaz = gazette reloc = relocated hdg = heading renum = renumbered ins = inserted rep = repealed lap = lapsed (retro) = retrospectively notfd = notified rv = revised edition num = numbered s = section o in c = order in council sch = schedule om = omitted sdiv = subdivision orig = original SIA = Statutory Instruments Act 1992 p = page SIR = Statutory Instruments Regulation 2002 para = paragraph SL = subordinate legislation prec = preceding sub = substituted pres = present unnum = unnumbered Reprint No. Amendments included Effective Notes 1 none 27 August 2003 1A 2009 Act No. 49 19 November 2009 1B 2010 Act No. 11 26 March 2010 2 -- 26 March 2010 special reprint (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) >