As the designated person for New Zealand, and in accordance with section 43 of the Australian Trans-Tasman Mutual Recognition Act 1997 ("the Australian Act"), I endorse the proposed Regulation set out below for the purposes of section 45 of the Australian Act.
Dated this 17th day of June 2013.
CRAIG FOSS, Minister of Commerce.
1. Name of Regulation-This Regulation is the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.
2. Commencement-This Regulation commences on the day after it is registered.
3. Authority-This Regulation is made under the following Acts:
(a) subsection 45(3) of the Trans Tasman Mutual Recognition Act 1997; and
(b) section 109 of the Tobacco Plain Packaging Act 2011.
4. Schedule(s)-Each instrument or Act that is specified in a Schedule to this instrument is amended or repealed as set out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.
Schedule 1-Amendments
Tobacco Plain Packaging Regulations 2011
1 At 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.
Trans Tasman Mutual Recognition Act 1997
2 Clause 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
g