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
To be repealed 30 Jun 2022
Repealed by Mutual Recognition Act 1992
Repealing Comments see subsection 42T(5)

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

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

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 (the Declaration). The specific provisions in the Declaration are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Declaration and should not be substituted for the Declaration.

Context and purpose

Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MRA) provides for the automatic mutual recognition of occupational registrations (AMR). AMR will provide an entitlement for an individual to carry on an activity in a second State, under the registration covering the activity in their home State through Automatic Deemed Registration (ADR).   

Part 3A of the MRA provides for the making of declarations that temporarily exclude certain registrations from ADR for a period of up to 12 months after the commencement of section 42T. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Declaration, the Chief Minister, Australian Capital Territory has temporarily excluded a number of registrations from ADR.  The Declaration commences at the same time as the Mutual Recognition Amendment Act 2021 of the Commonwealth commences. It will be repealed on 30 June 2022 unless revoked earlier.

Consultation

The Australian Capital Territory did not undertake consultation as the Chief Minister considered it impractical in the circumstances given the short timeframe in which ADR is due to come into effect. In preparing the Declaration, the Chief Minister had regard to expert information about the need for exemptions, such that the appropriate time could be taken during the first year of the scheme to undertake consultation.


 

Attachment A

Details of the Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 (the Declaration).

Section 2 – Commencement

This section outlines the date on which the Declaration comes into effect. The Declaration comes into operation on the day the Mutual Recognition Amendment Act 2021 commences.

Section 3 – Authority

This section outlines the authority through which the Declaration is made. The Declaration is made under section 42T of the Mutual Recognition Act 1992 (Commonwealth).

Section 4 – Simplified outline of the instrument

This section explains that the purpose of this instrument is to temporarily exempt specified registrations from the ADR provisions of the MRA.

Section 5 – Definitions

This section provides, for the purposes of this Declaration, self-explanatory definitions of the following terms:

-          The Act is defined in this section as meaning the Mutual Recognition Act 1992 (Cwlth).

Section 6 – Temporary Exemptions

This section is made in accordance with paragraph 42T(1)(a) of the MRA. The specific registrations in section 6 are excluded from ADR. This means that an individual cannot carry on the activities authorised under these registrations in the Australian Capital Territory without first obtaining that registration other than through ADR. An individual may obtain the registration listed from the Local Registration Authority (LRA) through Part 3 of the MRA.

Section 7 – Licensed Conveyancers

The section is made in accordance with paragraph 42T(1)(b) of the MRA. Conveyancing work is temporarily excluded from ADR on the basis of the following registrations:

  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. 

 

Section 7 provides that where an individual holds a registration under the law of another jurisdiction for the activity of conveyancing, the individual cannot rely on ADR to carry on conveyancing activity in the ACT.

 

Andrew Barr

 

Chief Minister, Australian Capital Territory