Federal Register of Legislation - Australian Government

Primary content

Declarations/Other as made
This instrument provides a significant risk exemption for various New South Wales licensing schemes under s42S of the Mutual Recognition Act 1992.
Administered by: Employment and Workplace Relations
Registered 29 Jun 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2022 (No. 1)

I, the Honourable Matt Kean, Treasurer of New South Wales, make the following declaration.

Dated: 27 June 2022                                       

The Honourable Matt Kean MP

Treasurer of New South Wales

 

 

 


Contents

1  Name........................................................................................................................................ 2

2  Commencement........................................................................................................................ 2

3  Authority.................................................................................................................................. 2

4  Simplified outline of this instrument......................................................................................... 2

5  Definitions................................................................................................................................ 2

6  Exemptions............................................................................................................................... 3

 

 


 

1  Name

                   This instrument is the Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2022 (No. 1).

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Note:          This table relates only to the provisions of this instrument as originally made.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 New South Wales.

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 the first 1 April or 1 October falling on or after the fifth anniversary of the registration of the instrument on the Federal Register of Legislation.

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 New South Wales.

             (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.        

Teacher accreditation under the Teacher Accreditation Act 2004 (NSW)

Significant risk to the safety of the public (children). The significant risk is that children may be harmed by teachers who could move between States and Territories without processes in place that ensure adequate information-sharing between Teacher Registration Authorities about teachers, including in relation to issues that might pose a child serious safety risk.

2.        

Food safety supervisor under Part 8, Division 3 of the Food Act 2003 (NSW)

 

 

Significant risk to the health and safety of the public as the NSW regulatory system operates differently to other jurisdictions. Allowing unqualified interstate workers into NSW will result in increased food-borne illness.

3.        

Food safety auditor under Part 7, Division 1 of the Food Act 2003 (NSW) 

 

 

Significant risk to the health and safety of the public as the NSW regulatory system operates differently to other jurisdictions. Allowing unqualified interstate workers into NSW will result in increased food-borne illness.

4.        

Security licences under Part 2 of the Security Industry Act 1997 (NSW)

Significant risk to the health and safety of the public as NSW Police Force is unable to scrutinise an applicant’s fitness to hold a licence and a conduct a robust and thorough probity assessment.

5.        

Firearm dealer licence provided under Part 2 of the Firearms Act 1996 (NSW)

Significant risk to the health and safety of the public as NSW Police Force is unable to conduct a stringent probity assessment under AMR. New South Wales (unlike other jurisdictions) takes into consideration an applicant’s domestic and personal violence record in determining a person’s fitness to hold a licence. 

6.        

Marine pilot licences and certificates under Part 4 of the Marine Safety Act 1998 (NSW)

Significant risk to the environment, animal welfare and the health and safety of workers and the public. Applicants for each of the licences and certificates are required to have general knowledge of pilotage and shipping operations as well as specialised knowledge, skills, and competencies specific to the relevant Pilotage Port in which the licence or certificate relates. There is an increased risk of collisions and marine accidents at Pilotage Ports if individuals have not undergone local training or lack local knowledge of Pilotage Ports.