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Western Australia

Trans-Tasman Mutual Recognition (Western

Australia) Amendment Bill 2022

Contents

1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 3 replaced 2

3. Terms used 2 5. Section 4 amended 3 6. Section 7 replaced 4

6. Tabling documents relating to scheme reviews 4

7. Termination of adoption 5 8. Revoking termination proclamations 5

page 1

Western Australia

LEGISLATIVE ASSEMBLY

Trans-Tasman Mutual Recognition (Western

Australia) Amendment Bill 2022

A Bill for

An Act to amend the Trans-Tasman Mutual Recognition (Western

Australia) Act 2007.

The Parliament of Western Australia enacts as follows:

Trans-Tasman Mutual Recognition (Western Australia) Amendment Bill 2022

s. 1

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1. Short title 1

This is the Trans-Tasman Mutual Recognition (Western 2

Australia) Amendment Act 2022. 3

2. Commencement 4

This Act comes into operation as follows — 5

(a) sections 1 and 2 — on the day on which this Act 6

receives the Royal Assent; 7

(b) the rest of the Act — on the day after that day. 8

3. Act amended 9

This Act amends the Trans-Tasman Mutual Recognition 10

(Western Australia) Act 2007. 11

4. Section 3 replaced 12

Delete section 3 and insert: 13

14

3. Terms used 15

In this Act — 16

adopt has the same meaning as in the Constitution of 17

the Commonwealth section 51(xxxvii); 18

Commonwealth Act means the Trans-Tasman Mutual 19

Recognition Act 1997 (Commonwealth). 20

21

Trans-Tasman Mutual Recognition (Western Australia) Amendment Bill 2022

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5. Section 4 amended 1

(1) Delete section 4(1) and insert: 2

3

(1) The Commonwealth Act, as originally enacted and as 4

amended from time to time by regulations made under 5

the Commonwealth Act, is adopted. 6

7

(2) In section 4(2) delete “of the Commonwealth Act under this 8

Act” and insert: 9

10

under subsection (1) 11

12

(3) Delete section 4(3). 13

(4) In section 4(4): 14

(a) delete “subsection (3)” and insert: 15

16

subsection (1) 17

18

(b) delete “Legislative Instruments maintained under the 19

Legislative Instruments Act 2003 of the 20

Commonwealth.” and insert: 21

22

Legislation maintained under the Legislation Act 2003 23

(Commonwealth). 24

25

(5) Delete section 4(5) and insert: 26

27

(5) The adoption under subsection (1) terminates in 28

accordance with section 7. 29

30

Trans-Tasman Mutual Recognition (Western Australia) Amendment Bill 2022

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6. Section 7 replaced 1

Delete section 7 and insert: 2

3

6. Tabling documents relating to scheme reviews 4

(1) In this section — 5

intergovernmental arrangement means the 6

Trans-Tasman Mutual Recognition Arrangement 7

between the Commonwealth, New Zealand, the States, 8

the Australian Capital Territory and the Northern 9

Territory, as in force from time to time; 10

scheme review means a review of the operation of the 11

intergovernmental arrangement and its related 12

legislation carried out under paragraphs 12.1.1 to 13

12.1.3 of the intergovernmental arrangement. 14

(2) Subsection (3) applies if — 15

(a) a scheme review is carried out; and 16

(b) a report is prepared by the person carrying out 17

the review; and 18

(c) the Minister receives the report. 19

(3) The Minister must cause the report to be laid before 20

each House of Parliament as soon as practicable after 21

the Minister receives the report. 22

(4) If a report to which subsection (3) applies contains 23

sensitive, confidential or personal information, the 24

Minister may comply with subsection (3) by removing 25

the sensitive, confidential or personal information from 26

the report before causing the document to be laid 27

before each House. 28

Trans-Tasman Mutual Recognition (Western Australia) Amendment Bill 2022

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7. Termination of adoption 1

The Governor may by proclamation fix a day as the 2

day on which the adoption under section 4(1) is to 3

terminate. 4

8. Revoking termination proclamations 5

(1) The Governor may by proclamation (a revoking 6

proclamation) revoke a proclamation made under 7

section 7. 8

(2) A revoking proclamation has effect only if published in 9

the Gazette before the day fixed in the proclamation 10

made under section 7. 11

(3) If a revoking proclamation has effect, the revoked 12

proclamation is taken never to have been made. 13

(4) A revoking proclamation does not prevent the further 14

making of a proclamation under section 7. 15

16