Commonwealth Consolidated Acts Commonwealth Consolidated ActsNote: See section 44.
(1) The laws specified or described in this Schedule are excluded from the operation of this Act, so far as they relate to:
(a) customs controls and tariffs--but only to the extent that the laws provide for the imposition of tariffs and related measures (for example, anti - dumping and countervailing duties) and the prohibition or restriction of imports; and
(b) intellectual property--but only to the extent that the laws provide for the protection of intellectual rights and relate to requirements for the sale of goods set out in section 11; and
(c) taxation and business franchises--but only to the extent that the laws relate to taxes imposed on the sale of locally produced and imported goods in a non - discriminatory way, including, for example, business franchise and stamp duties (States); and
(d) the implementation of international obligations--but only to the extent that the laws implementing those obligations deal with the requirements relating to the sale of goods set out in section 11.
(2) The laws specified or described in this Schedule are excluded only to the extent that those laws would be affected by the Trans - Tasman mutual recognition principle as applying to goods.
2 Customs controls and tariffs (including laws relating to international obligations)
Prohibited imports |
Customs (Prohibited Imports) Regulations of the Commonwealth |
Commerce (Trade Descriptions) Act 1905 of the Commonwealth |
Any other
laws of the Commonwealth, to the extent that they provide for the prohibition
or restriction of imports and would be affected by the Trans - Tasman mutual
recognition principle as applying to goods. |
Tariffs |
Customs Tariff Act 1995 of the Commonwealth |
Customs Act 1901 of the Commonwealth, Part XVB |
Customs Tariff (Anti - Dumping) Act 1975 of the Commonwealth |
Patents Act 1990 of the Commonwealth |
Trade Marks Act 1995 of the Commonwealth |
Designs Act 1906 of the Commonwealth |
Olympic Insignia Protection Act 1987 of the Commonwealth |
Scout Association Act 1924 of the Commonwealth |
Plant Breeder's Rights Act 1994 of the Commonwealth |
Copyright Act 1968 of the Commonwealth |
Circuit Layouts Act 1989 of the Commonwealth |
Unauthorised Documents Act 1922 of New South Wales |
Unauthorized Documents Act 1958 of Victoria |
Badge, Arms, Floral and other Emblems of Queensland Act 1959 of Queensland |
Armorial Bearings Protection Act 1979 of Western Australia |
Unauthorised Documents Act 1916 of South Australia |
Unauthorized Documents Act 1986 of Tasmania |
City of Canberra Arms Act 1932 of the Australian Capital Territory |
Flag and Emblem Act 1985 of the Northern Territory |
4 Other international obligations
Wildlife Protection (Regulation of Exports and Imports) Act 1982 of the
Commonwealth, sections 21 and 22, to the extent that they implement the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora |
Hazardous Waste (Regulation of Exports and Imports) Act 1989 of
the Commonwealth, sections 12, 14, 15, 17, 18B, 20, 24 - 31, 34 and 39,
to the extent that they implement the Basel Convention on the Control of
Transboundary Movement of Hazardous Wastes and their Disposal 1989 |
The following laws, to the extent that they implement the Charter of the United Nations (as it relates to the imposition of United Nations sanctions): |
Charter of the United Nations Act 1945 of the Commonwealth, section 6 |
Air Navigation Act 1920 of the Commonwealth, section 26 |
Banking Act 1959 of the Commonwealth, section 71 |
Migration Act 1958 of the Commonwealth, subsection 31(3), paragraph 116(1)(g) and section 504 |
Customs Act 1901 of the Commonwealth, section 50 |
Protection of Movable Cultural Heritage Act 1986 of the Commonwealth, to the
extent that it implements the United Nations Educational, Scientific and
Cultural Organisation (UNESCO) Convention Regulating the International Trade
in Cultural Property 1970 |
The following laws, to the extent that they implement the European Union - Australia Wine Agreement--Protection of Certain Names and Expressions: |
Australian Wine and Brandy Corporation Act 1980 of the Commonwealth, Part VIB and Part VIA (Label Integrity Program) |
Australian Wine and Brandy Corporation (Exports) Regulations of the Commonwealth, Parts 3 and 4 |
5 Taxation and business franchises
Laws of a State imposing or providing for the imposition, assessment or collection of taxation, including stamp duties, and providing for business licences. |