VI. Determination of Standards or Regulations by Ministerial Councils
6.1 New Zealand will have full membership and voting rights on Ministerial Councils when Councils are dealing with matters pursuant to the Arrangement.
6.2 Standards for Goods and Occupations may be determined by Ministerial Councils under the terms of the Arrangement. Such determinations will be governed by the Principles and Guidelines for Standard Setting and Regulatory Action by Ministerial Councils and Standard Setting Bodies endorsed by the Council of Australian Governments in April 1995.
6.3 A Ministerial Council determination in relation to a Temporary Exemption or referral for a Good or Occupation invoked by a Participating Party may be made upon a vote in its favour by not less than two-thirds of the total number of Participating Parties to the Arrangement represented on the relevant Ministerial Council. If more than one Ministerial Council has responsibility for an Occupation, a determination will be made upon a vote in its favour by not less than two-thirds of the Participating Parties, with each of the Parties to cast a single vote.
6.4 In determining standards, Ministerial Councils will, wherever possible, align such standards with those commonly accepted in international trade.
6.5 Upon the agreement of the relevant Ministerial Council(s) under the terms of this Arrangement that:
(a) a particular standard or regulation (including whether the sale of any Goods should be prohibited) should be applicable to a Good; or
(b) agreed standards should be applicable with respect to an Occupation or a particular activity or class of activity as part of the practice of an Occupation;
the Ministerial Council(s) should recommend to the Heads of Government of the Participating Parties that the standard or regulations be agreed. Unless such a recommendation is disapproved by one third or more of the Heads of Government of the Participating Parties within three months of its submission to Heads of Government, the Participating Parties will, as soon as practicable, take such action as is necessary to implement the recommendation. Submissions to Heads of Government should be made through the Council of Australian Governments' Committee on Regulatory Reform or any alternative body agreed by Heads of Government.
6.6 If at any time a Ministerial Council has cause to consider the standard of a Good arising out of the operation of the Australian Mutual Recognition Agreement, the Chair of the Ministerial Council will consult with the New Zealand Minister on the Council with a view to determining whether the matter should be resolved in the context of this Arrangement. Such consultations should take place before any decision is taken in relation to the standard under consideration.
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