Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003

  • revoked
  • Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003: revoked, on 6 November 2008, by clause 3 of the Regulations Revocation Order 2008 (SR 2008/367).

Reprint
as at 6 November 2008

Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003

(SR 2003/5)

  • Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003: revoked, on 6 November 2008, by clause 3 of the Regulations Revocation Order 2008 (SR 2008/367).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered in the Ministry of Economic Development.


Pursuant to section 86 of the Trans-Tasman Mutual Recognition Act 1997, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and in accordance with the recommendation of the Minister of Commerce, makes the following regulations.

1 Title
  • These regulations are the Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003.

2 Commencement
  • These regulations come into force on 1 February 2003.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    importer means a person by or for whom goods are imported

    lighting ballasts means goods in the product class Ballasts for fluorescent lamps in Schedule 1 of the Efficiency Regulations

    water heaters means goods in the product classes Low-pressure copper thermal storage electric water heaters or Storage water heaters (electrically heated) in Schedule 1 of the Efficiency Regulations; but does not include cylinders designed specifically for use with a solar collector or mains pressure cylinders with 3 or more heating elements.

4 Temporary exemption
  • (1) Regulations 4 and 5 of the Efficiency Regulations are exempted from the Act to the extent that they apply to lighting ballasts or water heaters.

    (2) The period of exemption is the period of 12 months from the beginning of 1 February 2003 to the close of 31 January 2004.

5 Goods purchased before 1 February 2003
  • Regulation 4 does not apply to lighting ballasts or water heaters imported into New Zealand if the importer purchased them under a contract of purchase entered into before 1 February 2003.

Martin Bell,

for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2003, exempt, for a period of 12 months, regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002 from the Trans-Tasman Mutual Recognition Act 1997 (the Act), to the extent that those regulations apply to certain lighting ballasts and water heaters (the goods). However, the exemption does not apply if the goods were purchased by an importer before 1 February 2003.

Under the Act, a product that is produced in, or imported into, Australia and that can be sold in Australia may also be sold in New Zealand, notwithstanding that it may not comply with a more stringent New Zealand standard or other requirement for that product. From 1 February 2003 (when the relevant New Zealand standards come into force), Australia's minimum energy performance standards for lighting ballasts and electric storage water heaters will be lower than the New Zealand standards. This could jeopardise the New Zealand Government's energy efficiency objectives, with potential adverse effects on the environment.

The effect of these regulations is that for a period of 12 months from 1 February 2003 the goods to which these regulations apply, whether capable of being sold in Australia or not, must comply with regulations 4 and 5 of the Energy Efficiency (Energy Using Products) Regulations 2002.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 30 January 2003.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Trans-Tasman Mutual Recognition (Temporary Exemption) Regulations 2003. It incorporates all the amendments to the regulations as at 6 November 2008. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007. Relevant provisions of any amending enactments that contain transitional, savings, or application provisions are also included, after the Principal enactment, in chronological order.

2 About this eprint
  • This eprint has not been officialised. For more information about officialisation, please see Making online legislation official under Status of legislation on this site in the About section of this website.

3 List of amendments incorporated in this eprint (most recent first)
  • Regulations Revocation Order 2008 (SR 2008/367): clause 3