Trans‑Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013

Select Legislative Instrument No. 225, 2013

I, Quentin Bryce AC CVO, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Acts mentioned in section 3.

Dated 05 August 2013

Quentin Bryce

Governor‑General

By Her Excellency’s Command

Kim Carr

Minister for Innovation, Industry, Science and Research
for the Minister for Health and Medical Research

Contents

1 Name of regulation

2 Commencement

3 Authority

4 Schedule(s)

Schedule 1—Amendments

Tobacco Plain Packaging Regulations 2011

Trans‑Tasman Mutual Recognition Act 1997

1  Name of regulation

  This regulation is the Trans-Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

2  Commencement

  This regulation commences on the day after it is registered.

3  Authority

  This regulation is made under the following Acts:

 (a) the Trans‑Tasman Mutual Recognition Act 1997;

 (b) the Tobacco Plain Packaging Act 2011.

4  Schedule(s)

  Each instrument or Act that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Tobacco Plain Packaging Regulations 2011

1  At the end of regulation 1.1.5

Add:

Note 1: The Tobacco Plain Packaging Act 2011 and these Regulations were temporarily exempted from the operation of the Trans‑Tasman Mutual Recognition Act 1997 under section 46 of that Act and section 109 of the Tobacco Plain Packaging Act 2011. The temporary exemption operated from 1 October 2012 until the commencement of the Trans‑Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

Note 2: The Tobacco Plain Packaging Act 2011 and these Regulations are permanently exempted from the operation of the Trans‑Tasman Mutual Recognition Act 1997 under subsection 4(2) and section 45 of that Act, and clause 3 to Part 2 of Schedule 2 to that Act. The permanent exemption began on the commencement of the Trans‑Tasman Mutual Recognition Legislation Amendment (Tobacco Plain Packaging) Regulation 2013.

Trans‑Tasman Mutual Recognition Act 1997

2  Clause 3 of Schedule 2 (at the end of the table)

Add: