Mutual Recognition Temporary Exemption Guidelines
The TTMRA contain various types of exemptions for goods and laws for which mutual recognition is not appropriate but which would otherwise be affected by the TTMRA.
A Temporary Exemption to the TTMRA can be invoked for a period of up to 12 months only in circumstances where a jurisdiction considers that there would otherwise be a threat to public health, safety or the environment. For instance, in 2003 New Zealand invoked Temporary Exemptions from the TTMRA for its minimum energy efficiency regulations for electric storage water heaters and fluorescent lighting ballasts because of differences between Australian and New Zealand stringency standards. The temporary exemptions were resolved with the alignment of the respective standards.
Temporary Exemptions are invoked by the gazettal of a regulation by the designated person (for example, the Governor-General, State Governor or relevant Minister) of a participating party. Temporary Exemption regulations can be made under the TTMR Act of the relevant jurisdiction or the specific legislation that implements the standards or regulatory requirements for which exemption is being sought. However, to enable the ongoing coordination of Temporary Exemptions, Heads of Government prefer that Temporary Exemption regulations be made under the relevant jurisdiction's TTMR legislation.
The Guidelines below set out the process for invoking a Temporary Exemption. More information on Temporary Exemptions is also available in the Users' Guide to the Mutual Recognition Agreement and Trans-Tasman Mutual Recognition Arrangement.
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