Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This instrument provides for the automatic mutual recognition of occupational registrations (AMR) and provides for the making of declarations that exclude certain registrations from Automatic Deemed Registration (ADR) where a minister of a state is satisfied that the declaration is necessary because of a significant risk arising from circumstances or conditions in the declaration state, to consumer protection, the environment, animal welfare or the health or safety of workers or the public. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.
Administered by: Employment and Workplace Relations
Registered 28 Jun 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Automatic Mutual Recognition (Victoria) (Exemption—Sex Work Registration) Declaration 2022

I, Melissa Horne, Minister for Consumer Affairs, Gaming and Liquor Regulation (Victoria), make the following declaration.

Dated   27/06/2022                             

Melissa Horne

Minister for Consumer Affairs, Gaming and Liquor Regulation (Victoria)

 

 

 


Contents

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

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

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

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

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

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

 

 


1  Name

                   This instrument is the Automatic Mutual Recognition (Victoria) (Exemption—Sex Work Registration) 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 Victoria.

Unless revoked earlier, this instrument will be repealed on the date on which the Sex Work Act 1994 (Victoria) is repealed pursuant to Part 6 of the Sex Work Decriminalisation Act 2022 (Victoria).   

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 Victoria.

             (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

Registration

Column 2

Statement of risk

1

Licences for sex work service providers under Part 3 of the Sex Work Act 1994 (Victoria).

Enabling automatic deemed registration for sex work providers prior to the repeal of the Sex Work Act 1994 (Victoria) will create a significant risk to consumer protection and the health and safety of workers because of the extensive change currently underway in this sector.

The Victorian Government is implementing a number of activities to support the health and safety of sex workers, including an education and support program for industry and sex workers to transition to the new arrangements. The ability to work with industry during transition and the efficacy of these transitional activities will be compromised by the entrance of an unknown number of industry participants through deemed registration.

.  

2

Approved manager of a sex work service providing business under Division 5 of Part 3 of the Sex Work Act 1994 (Victoria).

Enabling automatic deemed registration for approved managers prior to the repeal of the Sex Work Act 1994 (Victoria) will create a significant risk to consumer protection and the health and safety of workers because of the extensive change currently underway in this sector.

The Victorian Government is implementing a number of activities to support the health and safety of sex workers, including an education and support program for industry and sex workers to transition to the new arrangements. The ability to work with industry during transition and the efficacy of these transitional activities will be compromised by the entrance of an unknown number of industry participants through deemed registration.

 

 

 

 

             (4)  This instrument is repealed on the date on which the Sex Work Act 1994 (Victoria) is repealed pursuant to Part 6 of the Sex Work Decriminalisation Act 2022 (Victoria).