Review of mutual recognition (2003)
report
Review of mutual recognition (2003)
Research report
This report was released on 17 October 2003.
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While data are limited, there are indications that the Mutual Recognition Agreement (MRA) and the Trans-Tasman Mutual Recognition Arrangement (TTMRA) have been effective overall in achieving their objectives of assisting the integration of the Australian and New Zealand economies and promoting competitiveness. They should continue.
Many of the permanent exemptions and exclusions should remain, as mutual recognition would otherwise erode justified regulatory differences. However, some modifications to coverage, scope, administrative practices and review mechanisms are warranted.
Improvements likely to yield net benefits include:
- clarifying or correcting some permanent exemptions (for example, changing the endangered species exemption to reflect the current legislation in Australia) to increase policy consistency and effectiveness;
- limiting the exception for the registration of sellers to apply only to regulatory differences based on health, safety and environmental grounds;
- removing occupational qualification requirements from business licences that are inconsistent with mutual recognition objectives;
- facilitating the use of the exemption and referral processes available under the MRA and TTMRA to introduce or change standards;
- making it easier to appeal decisions and review provisions of the MRA and the TTMRA;
- integrating product safety bans with the temporary exemption mechanism; and
- increasing the attention given to mutual recognition obligations by policy makers effecting new or revised regulation.
Consideration should be given to establishing a review group of officials to assess expanding mutual recognition to cover regulations governing the use of goods and possibly to undertake other MRA/TTMRA related work.
Significant further progress in relation to the TTMRA special exemptions will require greater cooperation across agencies and jurisdictions to address inconsistent and cumbersome regulatory practices.
- Better focussed cooperation programs would assist reaching agreement across jurisdictions.
The effectiveness of the schemes would be enhanced by undertaking an awareness program on the obligations and benefits of mutual recognition, aimed at regulators, policy advisers and relevant industries and professions.