Schedule 2: Permanent Exemptions
In accordance with Part VIII of the Arrangement, the following laws will be subject to Permanent Exemption to the extent that they are covered by the mutual recognition principle as set out in paragraph 4.1.2:
Part A: Laws Relating to Goods - General
Quarantine
1.1 A law of a Party, including a law relating to quarantine, that is enacted or made substantially for the purpose of preventing the entry or spread of any pest, disease, organism, variety, genetic disorder or any other similar thing.
1.2 Any measures in paragraph 1.1 of this Part applied by the Parties will not be used as a means of arbitrary or unjustifiable discrimination or as a disguised restriction on trade between Australia and New Zealand and will be consistent with the requirements of the Agreement establishing the World Trade Organisation.
Endangered Species
2. A law of a Party to the extent that it is enacted or made substantially for the purpose of protecting a species or other class of animals or plants from extinction in its Jurisdiction and that it prohibits or restricts the possession, sale, killing or capture of animals or plants of that species or other class of animal in its Jurisdiction.
Part B: Laws Relating to Goods - Specific
The Commonwealth of Australia
Firearms
Import prohibitions in force through Customs (Prohibited Imports) Regulations.
Fireworks
Import prohibitions in force through Customs (Prohibited Imports) Regulations.
Indecent Material
Classification (Publications, Films and Computer Games) Act 1995.
Ozone Protection
Ozone Protection Act 1989 (as amended).
Agricultural and Veterinary Chemicals
Agricultural and Veterinary Chemicals Act 1994.
Agricultural and Veterinary Chemicals Code Act 1994 (as amended).
Other
Imported Food Control Act 1992 (only risk categorised food commodities).
The Government of New Zealand
Firearms
Arms Act 1938.
Fireworks
Explosives Act 1957, classes six (ammunition) and seven (fireworks) of the Schedule to the Act.
Gaming Machines
Gaming and Lotteries Act 1977.
Indecent Material
Films, Videos and Publications Classifications Act 1993. Crimes Act 1961, section 124 (sale of indecent matter).
Ozone Protection
Ozone Layer Protection Act 1990.
Agricultural and Veterinary Chemicals
Animal Remedies Act 1967. Antiquities Act 1975.
Other
Radiation Protection Act 1965.
New South Wales
Firearms
Firearms Act 1989.
Fireworks
Dangerous Goods Act 1975 (to the extent that it deals with fireworks).
Gaming Machines
Registered Clubs Act 1976, Parts 10 and 11.
Indecent Material
Film and Video Tape Classification Act 1984 Indecent Articles and Classified Publications Act 1975.
Ozone Protection
Ozone Protection Act 1989.
Victoria
Firearms
Firearms Act 1958.
Firearms Regulations 1995.
Control of Weapons Act 1990.
Control of Weapons Regulations 1990.
Fireworks
Dangerous Goods Act 1985, Dangerous Goods (Explosives) Regulations 1988, Part 8, Division 5.
Gaming Machines
Gaming Machine Control Act 1991.
Indecent Material
Classification (Publications, Films, Computer Games) (Enforcement) Act 1995.
Ozone Protection
Environment Protection Act 1970, section 16 (in relation to ozone depleting substances), paragraphs 41(2)(d) and 71(1)(gba).
Queensland
Firearms
Weapons Act 1990.
Fireworks
Explosives Act 1952 (to the extent that it deals with fireworks).
Indecent Material
Classification of Films Act 1991. Classification of Publications Act 1991.
Gaming Machines
Gaming Machine Act 1991.
Ozone Protection
Environmental Protection (Interim) Regulation 1995 under the Environmental Protection Act 1994
South Australia
Firearms
Firearms Act 1977. Firearms Regulations 1993 *
Summary Offences Act 1983, section 15.
Criminal Law Consolidation Act 1935, sections 32, 47A and 299A.
Fireworks
Explosives Act 1936 (to the extent that it deals with fireworks).
Gaming Machines
Gaming Machines Act 1992. Gaming Machines Regulations 1993.
Indecent Material
Classification (Publications, Films and Computer Games) Act 1995. Summary Offences Act 1953, sections 33 and 35.
Ozone Protection
Environment Protection Act 1993 Part 8 Division 3.
Other
Environment Protection Act 1993 Part 8 Division 2 (covers the former Beverage Container Act 1975).
Western Australia
Firearms
Firearms Act 1973.
Fireworks
Explosives and Dangerous Goods Act 1961 (to the extent that it deals with fireworks).
Gaming Machines
Gaming Commission Act 1987.
Indecent Material
Censorship of Films Act 1947.
Indecent Publications and Articles Act 1902.
Video Tapes Classification and Control Act 1987.
Ozone Protection
Environmental Protection Act 1986 (to the extent that it relates to ozone protection).
Tasmania
Firearms
Guns Act 1991 (as amended).
Fireworks
Dangerous Goods Act 1976 (to the extent that it deals with fireworks).
Gaming Machines
Gaming Control Act 1993 (to the extent that it deals with gaming machines).
Indecent Material
Classification (Publications, Films and Computer Games) Enforcement Act 1995.
Ozone Protection
Chlorofluorocarbons and other Ozone Depleting Substances Control Act 1988.
Other
Living Marine Resources Management Act 1995 (to the extent that it relates to the possession, sale or capture of abalone, crayfish or scallops of a certain minimum size).
Australian Capital Territory
Firearms
Weapons Act 1991.
Fireworks
Dangerous Goods Act 1975 (NSW) in its application in the Australian Capital Territory (to the extent that it deals with fireworks).
Gaming Machines
Gaming Machines Act 1987.
Indecent Material
Business Franchise ("X" Videos) Act 1990.
Classification (Publications, Films and Computer Games) (Enforcement) Bill 1995.
Environment
Ozone Protection Act 1991.
Northern Territory
Firearms
Firearms Act 1992.
Fireworks
Dangerous Goods Act 1985 (to the extent that it deals with fireworks).
Indecent Material
Classification of Publications and Films Act 1985.
Gaming Machines
Gaming Control Act 1993.
Ozone Protection
Ozone Protection Act 1990.
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