Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This instrument exempts registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.
Administered by: Employment and Workplace Relations
Registered 24 Jun 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Automatic Mutual Recognition (South Australia) (Exemption—Tow Truck Drivers) Declaration 2022

I, the Hon Stephen Mullighan MP, Treasurer (South Australia), make the following declaration.

Dated               24 June 2022              

Hon Stephen Mullighan MP

Treasurer (South Australia)

 

 

 


Contents

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

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

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

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

6  Exemptions............................................................................................................................... 2

 

 


1  Name

                   This instrument is the Automatic Mutual Recognition (South Australia) (Exemption—Tow Truck Drivers) Declaration 2022.

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

1 July 2022

1 July 2022

Note:          This table relates only to the provisions of this instrument as originally made.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 42S of the Mutual Recognition Act 1992 of the Commonwealth.

 

4  Simplified outline of this instrument

The purpose of this instrument is to 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 South Australia.

Unless revoked earlier, this instrument will sunset under section 50 of the Legislation Act 2003 of the Commonwealth, subject to subsection 42S(6) of the Mutual Recognition Act 1992 of the Commonwealth. This will generally mean that this instrument will be repealed on 1 October 2027.

5  Definitions

                   In this instrument:

Act means the Mutual Recognition Act 1992 of the Commonwealth.

6  Exemptions

             (1)  For the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in subsection (3) of this section is excluded from the operation of automatic deemed registration in South Australia.

             (2)  For the purposes of subsection 42S(2) of the Act, column 2 of the table in subsection (3) of this section sets out a statement of the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public in relation to each registration in column 1.

             (3)  The table is as follows:

 

Exemptions for the purposes of paragraph 42S(1)(a)

 

Item

Column 1

Licence

Column 2

Statement of risk

1

Tow Truck Drivers

 

(under the Motor Vehicles Act 1959 (South Australia))

Safety of workers or the public

South Australia’s comprehensive regulation of the tow truck industry and strong entry requirements to be issued a Tow Truck Certificate ensure that vehicle towing is performed to agreed safety standards, which mitigates risks to workers and the public.

The safety of workers and the public will be at risk if inadequately trained and unlicensed tow truck drivers are able to operate in South Australia without meeting South Australia’s high entry standards.

Risk to consumer protection

South Australia’s regulated Tow Truck Scheme, coupled with its nationally high entry requirements to become a tow truck driver, provide safeguards to consumer protection, including standardised procedures and towing practices that meet industry standards and expectations.  These safeguards provide consumers with confidence when engaging this industry that their vehicle will be handled safely and appropriately.

These safeguards cannot be ensured if tow truck drivers have not been assessed to South Australia’s high standards.