Trans-Tasman Mutual Recognition (Endorsement) Notice (No. 1) 2013

1Short title

This notice may be cited as the Trans-Tasman Mutual Recognition (Endorsement) Notice (No. 1) 2013.

2Endorsement of proposed Commonwealth regulations—Act, s 7

(1)The proposed Commonwealth regulation titled ‘Trans-Tasman Mutual Recognition Regulation 2013’, the terms of which are set out in schedule 1, is endorsed.

(2)The proposed Commonwealth regulation titled ‘Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013’, the terms of which are set out in schedule 2, is endorsed.

section 2(1)

1Name of regulation

This regulation is the Trans-Tasman Mutual Recognition Regulation 2013.

2Commencement

Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement Information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 4, subsections 5(1) and (2), and anything in this regulation not elsewhere covered by this table	1 October 2013	1 October 2013
2. Subsections 5(3) and (4)	1 December 2013	1 December 2013

3Authority

This regulation is made under the Trans-Tasman Mutual Recognition Act 1997.

4Definition

In this regulation:

Act means the Trans-Tasman Mutual Recognition Act 1997.

5Continuation of temporary exemption relating to specific laws—tobacco

(1)For subsection 47(3) of the Act, the following laws of the Commonwealth are exempt from the operation of the Act:

(a)Tobacco Plain Packaging Act 2011;

(b)Tobacco Plain Packaging Regulations 2011.

(2)Subsection (1) ceases to have effect on 30 September 2014.

(3)For subsection 47(3) of the Act, the Competition and Consumer Act 2010, section 134 of Schedule 2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011 is exempt from the Act.

(4)Subsection (3) ceases to have effect on 30 November 2014.

section 2(2)

1Name of regulation

This regulation is the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

2Commencement

This regulation commences on the day after it is registered.

3Authority

This regulation is made under the following Acts:

(a)subsection 45(3) of the Trans-Tasman Mutual Recognition Act 1997;

(b)section 109 of the Tobacco Plain Packaging Act 2011.

4Schedule(s)

Each instrument or Act that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

1At the end of regulation 1.1.5

Add:

Note 1:

The Tobacco Plain Packaging Act 2011 and these Regulations were temporarily exempted from the operation of the Trans-Tasman Mutual Recognition Act 1997 under section 46 of that Act and section 109 of the Tobacco Plain Packaging Act 2011. The temporary exemption operated from 1 October 2012 until the commencement of the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

Note 2:

The Tobacco Plain Packaging Act 2011 and these Regulations are permanently exempted from the operation of the Trans-Tasman Mutual Recognition Act 1997 under subsection 4(2) and section 45 of that Act, and clause 3 to Part 2 of Schedule 2 to that Act. The permanent exemption began on the commencement of the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

2Clause 3 of Schedule 2 (at the end of the table)

Add:

Tobacco

Competition and Consumer Act 2010, section 134 of Schedule 2 to that Act, to the extent that it relates to the Competition and Consumer (Tobacco) Information Standard 2011

Tobacco Plain Packaging Act 2011