II. Interpretation
In this Arrangement, unless the contrary intention appears or the context otherwise requires:
(a) "Appeals Tribunal" means, in Australia, the Administrative Appeals Tribunal and, in New Zealand, the Trans-Tasman Occupations Tribunal as provided. for in the New Zealand Draft Bill.
"Australian Capital Territory" means the body politic established by the Australian Capital Territory (Self-Government) Act 1988 of the Parliament of the Commonwealth.
"Australian Draft Bill" means the Bill, contained in Attachment A to the Arrangement, and agreed by the Parties as being consistent with the framework for trans-Tasman mutual recognition set out in this Arrangement.
"Australian Jurisdiction" means the legal jurisdiction of an Australian Party.
"Australian Mutual Recognition Agreement" means the Mutual Recognition Agreement signed by the Commonwealth, States and Territories of Australia in May 1992 and enacted under the Commonwealth Mutual Recognition Act 1992 and supporting State and Territory Acts.
"Commonwealth" means the Commonwealth of Australia.
"Conditions", when used in relation to Occupations, means conditions, limitations or restrictions.
"Cooperation Programmes" refer to Programmes of cooperation between the Australian Parties and New Zealand in certain areas of regulation as set out in paragraph 9.1.
"Date of coming into force" means the date the Arrangement comes into force and will be the date the Arrangement is signed by the Parties.
"Date of Commencement" means the date of commencement of the Arrangement, which will be l January 1997. If, however, the Commonwealth and New Zealand Acts do not both come into force until a date later than 1 January 1997, the Arrangement will commence on the date on which the later of these Acts comes into force.
"Deemed Registration" means deemed Registration as defined in paragraph 5.6.
"Designated Person" means: the Governor-General of Australia; a Minister of the Crown of New Zealand; the Governor of a State or a Minister of the Crown for a State; the Chief Minister of the Australian Capital Territory; and the Administrator of the Northern Territory.
"Equivalent Occupations". Two Occupations are taken to be Equivalent if the activities authorised to be carried out under Registration are substantially the same (whether or not this is achieved by means of the imposition of conditions).
"Exempt Occupations" are Registered Occupations or subsets of activities thereof, or certain classes of persons Registered to practise an occupation that the Parties have determined should be exempted from the operation of the Arrangement.
"Goods" means goods of any kind, and includes:
(1) animals or plants;
(2) material of microbial origin;
(3) a package containing Goods; or
(4) a label attached to Goods.
"Grant", when used in relation to Registration, means grant, issue or otherwise confer Registration.
"Heads of Government" means the Prime Ministers of Australia and New Zealand and the Premiers of the Australian States and Chief Ministers of the Australian Capital Territory and the Northern Territory.
"Import" means to import from outside Australia or New Zealand.
"Intellectual property" will have the meaning provided for in Article 2 of the Convention establishing the World Intellectual Property Organisation done at Stockholm on 14 July 1967 and in the World Trade Organisation Agreement on the Trade Related Aspects of Intellectual Property Rights done at Marrakesh on 15 April 1994, and will include all rights, such as those relating to copyright, patents, registered designs, registered and unregistered trade marks, plant varieties, confidential information, circuit layouts and semi-conductor chip products, geographical indications and service marks.
"Labelling" of Goods includes any means by which, at the point of sale, information is attached to Goods or is displayed in relation to Goods without being attached to them.
"Local Registration Authority" for an occupation means the person or Authority in the jurisdiction of the Party having the function conferred by legislation of Registering persons in connection with their carrying on of that occupation under the Laws of a Party.
"New Zealand Draft Bill" means the Bill, contained in Attachment B to the Arrangement, and agreed by the Parties as being consistent with the framework for trans-Tasman mutual recognition set out in this Arrangement.
"Northern Territory" means the body politic established by the Northern Territory (Self-Government) Act 1978 of the Parliament of the Commonwealth.
"Occupation" means an occupation, trade, profession or calling of any kind that may be carried on only by Registered persons, where Registration is wholly or partly dependent on the attainment or possession of some qualification (for example, training, education, examination experience, character or being fit or proper), and includes a specialisation in any of the above in which Registration may be Granted.
"Produce" includes to manufacture, and also includes to harvest or otherwise produce in the course of any form of primary production.
"Registration" includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for carrying on an occupation.
"Registered" means having attained Registration
"Regulations" means the broad range of legally enforceable instruments which impose mandatory requirements on businesses or persons.
"Requirements", when used in relation to Goods, means requirements prohibitions, restrictions or Conditions.
"Sell" includes sell by wholesale or retail, and includes distribute for sale, expose or offer for sale or have in possession for sale or agree to sell, and includes barter, and includes supply by way of exchange, lease, hire or hire-purchase.
"State" means a State of Australia.
"Substantive Registration" means Registration under a Law of a Party, but does not include Deemed Registration;
(b) a reference to a Ministerial Council is a reference to a Council of Ministers, or any similar body such as a Standing Committee of Ministers, made up of some combination of the Governments of the Commonwealth the States and the Australian Capital Territory and the Northern Territory and New Zealand;
(c) a reference to a Recital is a reference to a Recital to this Arrangement;
(d) a reference to a Part is a reference to a Part of this Arrangement;
(e) a reference to a paragraph is a reference to a paragraph of this Arrangement;
(f) words importing the singular shall include the plural and vice versa; and
(g) a reference to a law in this Arrangement, including in its schedules, includes Regulations made under that law, or a provision of that law.
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