Trans-Tasman Mutual Recognition Arrangement
The Trans-Tasman Mutual Recognition Arrangement (TTMRA) is a non-treaty agreement between the Australian Government, State and Territory Governments and the Government of New Zealand, under the Trans-Tasman Mutual Recognition Act 1997.
The TTMRA builds on, and is a natural extension of, the 1992 Mutual Recognition Agreement (MRA) between the Australian Government and the State and Territory Governments. The Commonwealth legislation implementing the domestic MRA, the Mutual Recognition Act 1992, entered into force in 1993. At the time of signing the domestic MRA the parties agreed to examine the potential benefits of participation by New Zealand in a scheme covering mutual recognition principles.
In 1996 the Commonwealth, States and Territories and New Zealand signed the Arrangement establishing the TTMRA. The purpose of the TTMRA is to implement mutual recognition principles relating to the sale of goods and the registration of occupations. These principles, with a few exceptions, state that:
- a good that may be legally sold in Australia may be sold in New Zealand, and a good that may be legally sold in New Zealand may be sold in Australia. This is regardless of differences in standards or other sale-related regulatory requirements between Australia and New Zealand; and
- a person registered to practise an occupation in Australia is entitled to practise an equivalent occupation in New Zealand, and vice versa, without the need for further testing or examination.
The TTMRA entered into force on 1 May 1998.
The Department of Innovation, Industry, Science and Research administers the TTMRA as it relates to goods. The Department of Education, Employment and Workplace Relations administers the TTMRA as it relates to occupations.
The TTMRA provides a simple, low cost and low maintenance mechanism for overcoming unnecessary regulatory impediments to trade in goods and the movement of skilled practitioners between Australia and New Zealand. Benefits flowing from the TTMRA include:
- lower costs to business and improved competitiveness from being able to manufacture to a single standard;
- greater choice for consumers; and
- greater cooperation between regulatory authorities.
The TTMRA does not affect laws that regulate the manner in which goods are sold or laws relating to quarantine, endangered species, firearms and other prohibited or offensive weapons, fireworks, indecent material, ozone protection, agricultural and veterinary chemicals, and gaming machines.
The Arrangement incorporates a Temporary Exemption mechanism giving participating jurisdictions the right to ban unilaterally, for 12 months, the sale of goods in their jurisdiction for health and safety reasons. Before the Temporary Exemption expires, the Ministerial Council responsible for the affected good is required to determine whether a particular standard should apply to the good, and if so, the appropriate standard.
The Arrangement also provides for Special Exemptions from the scheme to be listed in a schedule to the legislation. Special Exemptions currently apply to products in a number of industry sectors including: therapeutic goods; road vehicles; electromagnetic compatibility and radiocommunications equipment; hazardous substances, industrial chemicals and dangerous goods; and gas appliance standards.
“Cooperation programs” have been established in these sectors with regulatory authorities from both sides of the Tasman considering whether existing regulatory differences would best be addressed by applying the mutual recognition principle to the affected goods, by permanently exempting the goods from the operation of the Arrangement, or by introducing harmonised standards for such goods. The regulators make recommendations to the relevant Ministerial Council, which has responsibility for developing harmonised standards for products or, if harmonisation is unable to be agreed, Ministers can recommend a product be given a Permanent Exemption under the arrangement. Ministerial Council determinations are governed by the Council of Australian Governments “Principles and Guidelines for National Standard Setting and Regulatory Action by Ministerial Councils and Standards-Setting Bodies.”
- Trans Tasman Mutual Recognition Agreement - PDF 97KB
See also: Mutual Recognition Agreement