Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This instrument exempts registrations for conveyancing occupations, or for conveyancing activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth until 1 July 2027 because of a significant risk to consumer protection.
Administered by: Employment and Workplace Relations
Registered 28 Jun 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022 (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 MR Act) provides for the automatic mutual recognition of occupational registrations (AMR). AMR allows 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 MR Act also provides for the making of a Declaration to exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registrations provisions of the MR Act. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Declaration, the Chief Minister for the Australian Capital Territory (the Chief Minister) exempts registration in the ACT as an Australian legal practitioner, to the extent that the registration covers conveyancing work, from the operation of automatic deemed registration in the Territory until 1 July 2027 because of a significant risk to consumer protection 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; and

f) the Settlement Agents Act 1981 of Western Australia.

The Declaration commences on 1 July 2022.

Consultation

The Australian Capital Territory consulted with the ACT Law Society.

 

This is the appropriate consultation to have undertaken regarding whether a Significant Risk Exemption Declaration for interstate workers is appropriate.

 

The Chief Minister is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Declaration. The consultation drew on the knowledge of subject matter experts.

Attachment A

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Conveyancers) Declaration 2022

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022 (the Declaration).

Section 2 – Commencement

This section provides the date on which the Declaration comes into operation.

The Declaration comes into operation on 1 July 2022 when the AMR scheme becomes fully operational in the Territory.

Section 3 – Authority

This section outlines the authority under which the Declaration is made. The Declaration is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.

Section 4 – Simplified outline of the instrument

This section explains that the purpose of this instrument is to exempt registrations for occupations, or for activities covered by occupation, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of five years because of a risk to consumer protection.

Section 5 – Definitions

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

-          Act means the Mutual Recognition Act 1992 of the Commonwealth.

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

 

Section 6 – Exemption

This section lists the specific paragraph of the MR Act relied on to make the Declaration excluding a registration mentioned from the operation of automatic deemed registration in the Australian Capital Territory.

The Declaration is made in accordance with paragraph 42S of the MR Act. This means that an individual cannot rely on automatic deemed registration to carry on conveyancing work in the Australian Capital Territory if the individual is authorised to carry on the work under any of the registrations listed in this section. The Declaration is made because of the significant risk to consumer protection.

Section 7 – Significant risk statement

This section explains the specific significant risks arising from circumstances to consumer protection in the Territory.

Section 8 – Human Rights Act statement

This section outlines that the exclusion of occupations and activities under section 6 is not considered incompatible with the provisions under the Human Rights Act 2004 (ACT).

 

 

Andrew Barr

Chief Minister