IX. Programmes for Trans-Tasman Cooperation
Cooperation Programmes
9.1.1 For the categories of Goods specified in paragraph 9.1 .3 below, which are the subject of significant differences in regulation, programmes for trans-Tasman cooperation will be undertaken.
9.1.2 The objective of these Cooperation Programmes is to expedite the examination of differences in regulatory Requirements between the Parties, with a view to addressing them through either mutual recognition, harmonisation or permanent exemption. In seeking to achieve this objective, the Parties will have regard to:
(a) the Principles and Guidelines for National Standard Setting and Regulatory Action by Ministerial Councils and Standard Setting Bodies endorsed by the Council of Australian Governments in April 1995;
(b) international regulatory best practice; and
(c) the level of risk to public health and safety and the environment.
9.1.3 Programmes for trans-Tasman cooperation will be undertaken in the following areas:
(a) Therapeutic Goods;
(b) Hazardous substances, industrial chemicals and dangerous Goods;
(c) Electromagnetic compatibility and radiocommunications standards;
(d) Road vehicles; and
(e) Gas appliances.
9.1.4 The Parties note that trans-Tasman cooperation, including harmonisation, is already taking place in a number of areas in addition to those identified above, and it is intended that this will continue expeditiously.
9.1.5 In some areas subject to Cooperation Programmes, it may not be possible to complete these Programmes within the timeframe for commencement of the Arrangement and extensions available through use of the Temporary Exemption mechanism. To allow additional time for the completion of Cooperation Programmes, the areas of regulation covered by Annexes 1 to 5 will be eligible for a Special Exemption.
Special Exemptions
9.2.1 It is intended that the operation of the Arrangement in respect of the areas set out in paragraph
9.1.3 be delayed while Cooperation Programmes are undertaken. To achieve this, a 12 month Special Exemption will apply from the Date of Commencement of the Arrangement to the laws which underpin the regulatory controls in the areas referred to in paragraph 9. 1.3, and which are specified in the Annexes. A list of the laws for which Special Exemption will apply is at Schedule 3.
9.2.2 Special Exemptions will apply only to those regulatory Requirements covered by the Cooperation Programmes as set out in the relevant Annexes to this Arrangement. As arrangements are agreed for specific areas of regulation covered by each Cooperation Programme, the pertinent sections of the relevant laws may be removed from the Special Exemption category at any time on a vote of not less than two thirds of the Heads of Government of the Participating Parties after which mutual recognition or harmonisation will apply.
9.2.3 Further Special Exemptions, of 12 months duration in each instance, may be sought to complete a Cooperation Programme, through a joint Annual Cooperation Report prepared by the relevant regulatory authorities to Heads of Government by the relevant Ministerial Council(s). on the agreement of not less than two-thirds of Heads of Government, the Participating Parties will determine if a further Special Exemption should apply or if the mutual recognition principle set out in this Arrangement should operate. Permanent Exemption for laws for which Special Exemption applies, can be sought:
(a) at any time on the unanimous agreement of the Heads of Government of the Participating Parties; or
(b) after a period of not less than five years after the Date of Commencement of the Arrangement on the agreement of not less than two-thirds of the Heads of Government of the participating Parties.
9.2.4 When the Cooperation Programmes provided for in Annexes 1 to 5 of the Arrangement are complete, Heads of Government of the Participating Parties will determine at the time of the next general review of the Arrangement whether the Special Exemption mechanism provided for in this Part should be retained as a feature of the Arrangement.
Annual Cooperation Reports
9.3.1 Regulatory authorities will, through the relevant Ministerial Council(s), provide to Heads of Government an Annual Cooperation Report outlining progress made and the programme and timelines for further work. The Reports will also nominate the sections of the relevant laws referred to in Schedule 3 for which Special Exemption is no longer required. If a Special Exemption is to be maintained in order to undertake further work, the Report will provide Heads of Government with supporting evidence for such a continuation. A Cooperation Report will be due three months before the first anniversary of the Date of Commencement of the Arrangement and subsequently at 12 month intervals until the Cooperation Programme has been completed.
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