Mutual Recognition (Tasmania) Act 1993
An Act to adopt the Mutual Recognition Act 1992 of the Commonwealth (and any amendments made to it before this Act commences), and to refer power to the Parliament of the Commonwealth to amend that Act, so as to enable the enactment of legislation applying uniformly throughout Australia for the recognition of regulatory standards adopted in Australia regarding goods and occupations
[Royal Assent 25 June 1993]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Mutual Recognition (Tasmania) Act 1993 .
This Act commences on a day to be proclaimed.
(1) In this Act, unless the contrary intention appears –the Commonwealth Act means the Mutual Recognition Act 1992 of the Commonwealth;participating jurisdiction means –(a) a State for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth the power to enact an Act in the terms, or substantially in the terms, of the Commonwealth Act or that adopts the Commonwealth Act , under paragraph (xxxvii) of section 51 of the Commonwealth Constitution ; or(b) 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 the Commonwealth Act or that enables the Commonwealth Act to apply in relation to it.(2) For the purposes of this Act, the designated person for a State is the Governor, for the Australian Capital Territory is the Chief Minister and for the Northern Territory is the Administrator.
4. Adoption of Commonwealth Act
(1) The Commonwealth Act as originally enacted, together with any amendments made to that Act before the enactment of this Act, is adopted under paragraph (xxxvii) of section 51 of the Commonwealth Constitution .(2) The adoption of the Commonwealth Act has effect for a period commencing on the day on which this Act commences (but not so as to give effect to any adopted provision before that provision commences under section 2 of the Commonwealth Act ) and ending on a day fixed under subsection (3) as the day on which the adoption terminates, but not longer.(3) The Governor may, at any time, fix by proclamation a day as the day on which the adoption under this Act terminates.(4) The day so fixed must be no earlier than the end of the period of 5 years commencing on –(a) the day fixed under section 2 of the Commonwealth Act ; or(b) if more than one day is fixed under that section – the earlier or earliest of those days.
5. Reference of power to amend the Commonwealth Act
(1) Subject to this section, the following matters, to the extent to which they are not otherwise included in the legislative powers of that Parliament, are referred to the Parliament of the Commonwealth, namely, the matters to which the Commonwealth Act as originally enacted relates but only to the extent of the amendment of that Act (other than the Schedules) in terms which are approved by the designated person for each of the then participating jurisdictions.(2) The reference has effect for a period commencing on the day on which this Act commences and ending on a day fixed under subsection (3) as the day on which the reference terminates, but not longer.(3) The Governor may, at any time, fix by proclamation a day as the day on which the reference under this Act terminates.(4) The day so fixed must not be earlier than the end of the period of 5 years commencing on –(a) the day fixed under section 2 of the Commonwealth Act ; or(b) if more than one day is fixed under that section – the earlier or earliest of those days.
For the purposes of section 5 (1) , the Governor may, by proclamation, approve the terms of amendments of the Commonwealth Act .
7. Regulations for temporary exemptions for goods
Without limiting any other power to make regulations under any other Act, the Governor may make regulations for the purposes mentioned in section 15 of the Commonwealth Act .
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Treasurer; and(b) the Department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.