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 30 April 2010, amend the Trans-Tasman Mutual Recognition Act 1997 (the Act). Section 79 of the Act provides for permanent exemptions from the Act of laws specified or described in Schedule 2 of the Act. Section 81 of the Act provides for special exemptions from the Act of laws specified or described in Schedule 3 of the Act until the expiry of the exemption period or extended exemption period. The current extended exemption period ends with the close of 30 April 2010.

These regulations make permanent the following special exemptions:

• laws relating to dangerous goods, hazardous substances, and industrial chemicals (Hazardous Substances and New Organisms Act 1996):

• laws relating to radiocommunications equipment (Radiocommunications (Radio) Regulations 1993, Part 5, substituted by the Radiocommunications Regulations 2001, regulation 32):

• laws relating to gas appliance standards (Gas Act 1992, except to the extent already described in Schedule 2 of the Act):

• laws relating to road vehicles (Transport Act 1962, Road User Charges Act 1977, and Land Transport Act 1998):

• laws relating to therapeutic goods (Misuse of Drugs Act 1975, Medicines Act 1981, and Dietary Supplements Regulations 1985).

Section 83 of the Act allows regulations for this purpose to be made on the recommendation of the Minister if the Minister is satisfied that either—

• all of the then participating jurisdictions have endorsed the terms of the proposed regulations; or

• no fewer than two-thirds of the then participating jurisdictions have endorsed the terms of the proposed regulations and a period of 5 years has elapsed since section 81 came into force.

The special exemption of laws relating to electromagnetic compatibility in Schedule 3 of the Act is not made permanent and is omitted from that schedule pursuant to section 82(3) of the Act.