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VIII. Permanent Exemptions


Text of the Trans-Tasman Mutual Recognition Arrangement

Regulatory and Competition Policy Branch
[ Last Updated 1 November 2005 ]


8.1 The Parties have identified a number of areas of Goods regulation that are potentially covered by the mutual recognition principle, but for which the Parties have determined that mutual recognition should not apply. These have been termed `permanent exemptions'. The areas of regulation to be permanently exempted from the operation of the Arrangement are set out in Schedule 2. The laws in Schedule 2 are exempt from the Arrangement to the extent that they deal with the requirements relating to the sale of goods set out in paragraph 4.1.2 of the Arrangement.

8.2 Additions to the list of laws in Schedule 2 require the unanimous consent of the Heads of Government of the Participating Parties. In their deliberations, Heads of Government may take into account such matters as they consider relevant, including any recommendation of a Ministerial Council.

8.3 Unless otherwise stated, a law described in Schedule 2 includes any amendment or replacement of that law, but only to the extent that the amendment or replacement does not expand the scope of the exemption as at the Date of Commencement of the Arrangement.


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