Federal Register of Legislation - Australian Government

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Declarations/Other as made
This instrument provides a significant risk exemption for various New South Wales licensing schemes for twelve months 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
To be repealed 30 Jun 2023
Repealed by Self Repealing
Table of contents.

Commonwealth Coat of Arms of Australia

 

Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2022 (No. 2)

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........................................................................................................................................ 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 (New South Wales) (Exemption—Various) Declaration 2022 (No. 2).

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Note:          This table relates only to the provisions of this instrument as originally made.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

This instrument is repealed at the end of 30 June 2023. 

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.        

Contractor licence and supervisor certificate for general building work under the Home Building Act 1989 (NSW)

Significant risk to consumer protection and the public safety. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector.  

2.        

Contractor licence and supervisor certificate for the erection of prefabricated metal-framed home additions and structures under the Home Building Act 1989 (NSW)

Significant risk to consumer protection and the public safety. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector.

3.        

Consulting radiation expert accreditation under the Radiation Control Act 1990 (NSW)

Significant risk to consumer protection and health and safety of workers and patients through unintended exposure to radiation due to equipment being incorrectly serviced and calibrated. There are large differences in accreditation, terminology, operating conditions and activities across the jurisdictions, which in many cases do not provide equivalent protection as that in NSW. The NSW Government and consumers need to have confidence that consulting radiation experts from other jurisdictions understand specific NSW laws and processes to ensure equipment that uses radiation is correctly assessed, calibrated and maintained.

4.        

Site auditor accreditation under the Contaminated Land Management Act 1997 (NSW)

Significant risk to consumer protection, the environment and public health as an incorrect assessment of the nature and extent of land contamination may be illegal, costly to rectify and result in adverse impacts on public health and the environment. There are technical, policy and legislative requirements that are specific to NSW. The NSW Government and consumers need to have confidence that site auditors from other jurisdictions understand specific NSW laws and processes to ensure audits and assessments are conducted correctly.

5.        

Blasting explosives user’s and pyrotechnician’s licences under the Explosives Act 2003 (NSW)

Significant risk to public safety as NSW Police Force needs to retain the authority to conduct probity checks on operators entering NSW and restrict access to persons deemed unsuitable.

6.        

Registration or recognition within the meaning of the Design and Building Practitioners Act 2020 (NSW):

·         Design practitioner - fire systems (all classes)

·         Design practitioner – fire safety engineering

·         Professional engineer – fire safety;

 

Registered certifiers – fire safety and accredited practitioner – fire safety under Building and Development Certifiers Act 2018 (NSW); 

Licences and certificates for water plumbing – fire protection and fire sprinkler systems under the Home Building Act 1989 (NSW)

Significant risk to consumer and the health and safety of the public.

The NSW Government and consumers need to have confidence in the building and construction sector.

7.        

Licensing and registration schemes under Greyhound Racing Act 2017 (NSW)

Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. New South Wales has a statutory obligation to assess an applicant’s fitness taking into account a broader list of criminal convictions than other jurisdictions.

8.        

Licensing and registration schemes under Harness Racing Act 2009 (NSW)

Significant risk to consumer protection, health and safety of workers in the harness racing industry, and animal welfare as (without an exemption to AMR) the NSW harness racing controlling body would be unable to conduct an appropriate probity assessment. There is a substantial risk that this would lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use infiltrating the sport in NSW and increasing safety and animal welfare concerns, and reducing consumer confidence. Harness Racing NSW has a statutory obligation to assess an applicant’s fitness and propriety to a more rigorous and higher standard than other Australian jurisdictions.  

9.        

Licensing and registration schemes under Thoroughbred Racing Act 1996 (NSW)

Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. NSW has a statutory obligation to assess an applicant’s fitness taking into account a broader list of criminal convictions than other jurisdictions.

10.     

Gaming machine technician licence and competency card (responsible conduct of gaming) under the Gaming Machine Act 2001(NSW)

Significant risk to consumer protection as the regulator is unable to undertake probity check. This could lead to individuals being allowed to operate that engage in money laundering and associated criminal activity, and potential theft and fraud.

11.     

Special Employee licence under Part 4 of the Casino Control Act 1992 (NSW)

Significant risk to consumer protection as the regulator is unable to undertake probity checks. This could lead to individuals being allowed to operate that engage in money laundering and associated criminal activity, and potential theft and fraud.

12.     

Licences and certificates for mechanical services and medical gas work, medical gas technician work, medical gas fitting work under Home Building Act 1989 (NSW)

Significant risk to consumers and health and safety of the public safety.

The risks of improper medical gas work can lead to loss of life. A new framework for medical gas was implemented in New South Wales to ensure that medical gas work is done to a high standard and safety. Interstate licence holders would not have the relevant expertise to work in New South Wales.

13.     

Mining registration under Schedule 10 (Statutory functions at mines) of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2014 (NSW)

Significant risk to health and safety of workers and the public.

It is important for all workers to undertake maintenance of competence requirements specific to NSW mines to ensure the safety of workers.

14.     

Surveyor – Mining under Surveying and Spatial Information Act 2002 (NSW)

Significant health and safety risk for mining surveyors working in underground coal mines.

The assessments of mine surveyors for underground work are not done to the same standards in other jurisdictions.

15.     

Tattoo licences under Tattoo Parlours Act 2012 (NSW)

Significant risk to the safety of the public as the NSW Police Force is unable to conduct a probity assessment which looks at previous convictions and affiliations with organised motorcycle gangs and serious organised crime.

16.     

Licensing, certificates, and accreditations under the Property and Stock Agents Act 2002 (NSW)

Significant risk to consumer protection. Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.

17.     

Licensing and certificates under the Motor Dealers and Repairers Act 2013 (NSW)

 

Significant risk to consumer protection. Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirements will not be met.

18.     

Licensing under the Conveyancers Licensing Act 2003 (NSW)

Significant risk to consumer protection. Conveyancers’ compensation fund contributions are set by referral to the Property & Stock Agents Act 2002 (NSW). Currently, the regulator cannot prescribe an amount for ADR operators to contribute to the compensation funds, nor is there a means for operators to make these payments. This will mean that ADR operators are unable to comply with their obligations and public protection requirement will not be met.

19.     

Licences and certificates for electrical wiring, air-conditioning and refrigeration work under the Home Building Act 1989 (NSW)

Significant risk to the safety of consumers, workers, and the public. Licensing bodies and regulators will be unable to verify or validate interstate workers’ skills, knowledge and understanding against NSW standards and regulations. Failure to understand or comply with the relevant legislation can result in potential dire consequences, including equipment failure, fires, electrical shock, and death.

 

             (4)  This section is repealed at the end of 30 June 2023.