Federal Register of Legislation - Australian Government

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Declarations/Other as made
This declaration temporarily excludes Auctioneer related registrations from automatic deemed registration from the period of commencement of the provision in the Mutual Recognition Act 1992 to 30 June 2022.
Administered by: Industry, Science, Energy and Resources
Registered 11 Oct 2021
Tabling HistoryDate
Tabled HR18-Oct-2021
Tabled Senate18-Oct-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To be repealed 30 Jun 2022
Repealed by Mutual Recognition Act 1992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

Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021

This explanatory statement provides notes on the operation of the Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) 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 exclude temporarily certain registrations from ADR for a period of up to 12 months from commencement of the provision. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Declaration, the Treasurer of the Northern Territory has temporarily excluded registration from ADR for the period from commencement of the provision in the MRA to 30 June 2022.

Consultation

The Northern Territory did not conduct consultation in preparing the Declaration as the Treasurer of the Northern Territory considered it impractical in the short timeframe available. In preparing the Declaration, the Treasurer of the Northern Territory had regard to the outcomes of public consultation on exposure draft legislation during the period from 17 December 2020 to 12 February 2021, the expert information available and the positions of persons likely affected.


 

Details of the Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021

Part 1 – Preliminary

The Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021 (the Declaration) is made in accordance with paragraph 42T(1)(a) of the Mutual Recognition Act 1992 of the Commonwealth (the MRA). The purpose of the Declaration is to temporarily exempt registrations made under the Auctioneers Act 1935 from the ADR provisions of the MRA.

All licences issued under the Auctioneers Act 1935 are temporarily excluded from ADR. This means that an individual cannot carry on the activities authorised under these registrations in the Northern Territory without first obtaining that registration. An individual may obtain a license issued under the Auctioneers Act 1935 under Part 3 of the MRA.

As the Declaration is a registrable instrument for the purposes of the Legislation Act 2003 of the Commonwealth, the Declaration comes into operation on the day after the day it is registered on the Federal Register of Legislation.

 

Michael Gunner

Treasurer