Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This instrument temporarily exempts registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992. This instrument has effect only in relation to the Australian Capital Territory.
Administered by: Industry, Science, Energy and Resources
Exempt from sunsetting by the Legislation Act 2003 s 54(1)
Registered 30 Jun 2021
Tabling HistoryDate
Tabled HR03-Aug-2021
Tabled Senate03-Aug-2021
Table of contents.

Commonwealth Coat of Arms of Australia

 

Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021

I, Andrew Barr, Chief Minister of the Australian Capital Territory, make the following declaration.

Dated   28 June 2021                          

Andrew Barr

Chief Minister

 

 

 


Contents

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Simplified outline of this instrument......................................................................................... 1

5  Definitions................................................................................................................................ 1

6  Temporary exemptions............................................................................................................. 2

7  Temporary exemption—licensed conveyancers........................................................................ 5

 

 


1  Name

                   This instrument is the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

At the same time as the Mutual Recognition Amendment Act 2021 of the Commonwealth commences.

 

 

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under section 42T of the Mutual Recognition Act 1992 of the Commonwealth.

4  Simplified outline of this instrument

The purpose of this instrument is to temporarily exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.

This instrument has effect only in relation to the Australian Capital Territory.

Unless revoked earlier, this instrument is repealed at the end of 12 months after section 42T of the Mutual Recognition Act 1992 of the Commonwealth commences (see subsection 42T(5)).

5  Definitions

                   In this instrument:

Act means the Mutual Recognition Act 1992 of the Commonwealth.

6  Temporary exemptions

                   For section 42T(1)(a) of the Act, a registration mentioned in an item in table 6, column 1 under a law mentioned in the item, column 2 is excluded from the operation of automatic deemed registration in the Australian Capital Territory.

 

Table 6

Item

Column 1

Registration

Column 2

ACT law

1

Display Operator Licence

Dangerous Substances (Explosives) Regulation 2004

2

Shot-firer Licence

Dangerous Substances (Explosives) Regulation 2004

3

Manufacturing licence (explosives)

Dangerous Substances (Explosives) Regulation 2004

4

Supply licence (explosives)

Dangerous Substances (Explosives) Regulation 2004

5

Storage licence (explosives)

Dangerous Substances (Explosives) Regulation 2004

6

Import licence (explosives)

Dangerous Substances (Explosives) Regulation 2004

7

Manufacturing licence for a security sensitive substance

Dangerous Substances (General) Regulation 2004

8

Import licence for a security sensitive substance

Dangerous Substances (General) Regulation 2004

9

Carrying licence for a security sensitive substance

Dangerous Substances (General) Regulation 2004

10

Storage licence for a security sensitive substance

Dangerous Substances (General) Regulation 2004

11

Supply licence for a security sensitive substance

Dangerous Substances (General) Regulation 2004

12

User licence for a security sensitive substance

Dangerous Substances (General) Regulation 2004

13

Asbestos Assessor Licence

Work Health and Safety Regulation 2011

14

Asbestos Removal Licence

Work Health and Safety Regulation 2011

15

Labour Hire Licence

Labour Hire Licensing Act 2020

16

Registered Controlled Sports Official

Controlled Sports Act 2019

17

Registered Controlled Sports Contestant

Controlled Sports Act 2019

18

Licensed Builder

Construction Occupations (Licensing) Act 2004

19

Licensed Building Assessor

Construction Occupations (Licensing) Act 2004

20

Licensed Building Surveyor

Construction Occupations (Licensing) Act 2004

21

Licensed Drainer

Construction Occupations (Licensing) Act 2004

22

Licensed Electrician

Construction Occupations (Licensing) Act 2004

23

Licensed Gasfitter

Construction Occupations (Licensing) Act 2004

24

Licensed Gas Appliance Worker

Construction Occupations (Licensing) Act 2004

25

Licensed Plumber

Construction Occupations (Licensing) Act 2004

26

Licensed Plumbing Plan Certifier

Construction Occupations (Licensing) Act 2004

27

Licensed Works Assessor

Construction Occupations (Licensing) Act 2004

28

Fisheries licence

Fisheries Act 2000

29

Surveyor

Surveyors Act 2007

30

Accreditation to operate bus services

Road Transport (Public Passenger Services) Act 2001

31

Accreditation as a transport booking service

Road Transport (Public Passenger Services) Act 2001

32

Accreditation as a taxi service operator (including as an independent taxi service operator)

Road Transport (Public Passenger Services) Act 2001

33

Accreditation as a rideshare driver

Road Transport (Public Passenger Services) Act 2001

34

Accreditation as a hire car service operator

Road Transport (Public Passenger Services) Act 2001

35

Accreditation as a demand responsive service operator

Road Transport (Public Passenger Services) Act 2001

36

Authorisation to operate a demand responsive service

Road Transport (Public Passenger Services) Act 2001

37

Accreditation as a driving instructor (Cars)

Road Transport (Driver Licensing) Regulation 2000

38

Accreditation as a heavy vehicle driver assessor

Road Transport (Driver Licensing) Regulation 2000

39

Approved interlock installer and approved interlock service provider

Road Transport (Driver Licensing) Regulation 2000

40

Authorised examiner - Vehicle

Road Transport (Vehicle Registration) Regulation 2000

41

Approved course provider

Road Transport (Driver Licensing) Regulation 2000, section 15

42

Assistance animal assessor

Domestic Animals Act 2000

43

Breeding licence

Domestic Animals Act 2000

44

Firearms – all licences

Firearms Act 1996

45

Race bookmaker

Race and Sports Bookmaking Act 2001

46

Race bookmaker's agent

Race and Sports Bookmaking Act 2001

47

Sports bookmaker

Race and Sports Bookmaking Act 2001

48

Sports bookmaker's agent

Race and Sports Bookmaking Act 2001

49

Approved Supplier - Gaming machine

Gaming Machine Act 2004

50

Approved Technician - Gaming machine

Gaming Machine Act 2004

51

Casino employee

Casino Control Act 2006

52

Licensed Real Estate Agent

Agents Act 2003

53

Licensed Stock and Station Agent

Agents Act 2003

54

Licensed Business Agent

Agents Act 2003

55

Registered Real Estate Salesperson

Agents Act 2003

56

Registered Stock and Station Salesperson

Agents Act 2003

57

Registered Business Salesperson

Agents Act 2003

58

Licensed Employment Agent

Agents Act 2003

59

Licence to sell or copy X 18+ films

Classification (Publications, Films and Computer Games) (Enforcement) Act 1995

60

Licensed Motor Vehicle Dealer

Traders (Licensing) Act 2016

61

Licensed Motor Vehicle Repairer

Traders (Licensing) Act 2016

62

Licensed Motor Vehicle Wholesaler

Traders (Licensing) Act 2016

63

Licensed Pawnbroker

Traders (Licensing) Act 2016

64

Licensed Second-hand Dealer

Traders (Licensing) Act 2016

65

Trainer Licence (security)

Security Industry Act 2003

66

Master Licence (security)

Security Industry Act 2003

67

Employee Licence (security)

Security Industry Act 2003

68

Temporary Licence (security)

Security Industry Act 2003

69

Temporary visitor licence (security)

Security Industry Act 2003

70

Full registration as a teacher

ACT Teacher Quality Institute Act 2010

71

Provisional registration as a teacher

ACT Teacher Quality Institute Act 2010

72

Permit to teach

ACT Teacher Quality Institute Act 2010

73

Licence to deal with a regulated radiation source

Radiation Protection Act 2006

74

Infection control activity licence - acupuncturist operating a mobile service

Public Health (Infection Control) Code of Practice 2005

75

Infection control activity licence - dry needle practitioner operating a mobile service

Public Health (Infection Control) Code of Practice 2005

76

Infection control activity licence - beauty therapist operating a mobile service

Public Health (Infection Control) Code of Practice 2005

77

Infection control activity licence - podiatrist operating a mobile service

Public Health (Infection Control) Code of Practice 2005

78

Licence to deal with a regulated substance or regulated therapeutic good

Medicines, Poisons and Therapeutic Goods Act 2008

 

7  Temporary exemption—licensed conveyancers

                       

(1)   For section 42T(1)(b) of the Act, the registration as an Australian legal practitioner in the ACT, to the extent that it authorises the carrying on of conveyancing work, is excluded from the operation of automatic deemed registration if deemed automatic registration operates solely on the basis of a registration under any of the following laws:

     a)  the Conveyancers Licensing Act 2003 of New South Wales;

     b)  the Agents Licensing Act 1979 of the Northern Territory;

     c)  the Conveyancers Act 1994 of South Australia;

     d)  the Conveyancing Act 2004 of Tasmania;

     e)  the Conveyancers Act 2006 of Victoria;

     f)  the Settlement Agents Act 1981 of Western Australia.

 

(2)   In this section:

      

     Australian legal practitioner has the same meaning as in the Legal Profession Act 2006 of the Australian Capital Territory.