Federal Register of Legislation - Australian Government

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Declarations/Other as made
This instrument excludes, for one year, certain registrations from the operation of automatic deemed registration in Tasmania, to the extent that the registration relates to an occupation or an activity covered by an occupation.
Administered by: Employment and Workplace Relations
Registered 01 Jul 2022
Tabling HistoryDate
Tabled HR26-Jul-2022
Tabled Senate26-Jul-2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Automatic Mutual Recognition (Tasmania) (Exemptions—One-Year) Declaration 2022

I, Michael Ferguson, Treasurer (Tasmania), make the following declaration.

Dated: 15 June 2022                                       

Michael Ferguson

Treasurer (Tasmania)

 

 

 


Contents

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

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

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

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

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

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

 

 


1  Name

                   This instrument is the Automatic Mutual Recognition (Tasmania) (Exemptions—One-Year) 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Note:          This table relates only to the provisions of this instrument as originally made.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 one year from 1 July 2022 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 Tasmania.

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 Tasmania.

             (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

Licensed Conveyancer under the Conveyancing Act 2004

There is a significant risk to consumer protection. This risk arises due to differences between jurisdictions in the definition of conveyancing work, along with differences in conveyancing laws and practices. This poses a significant risk to consumers that conveyancing work may be completed to a different standard than that required in Tasmania.

2

Licensed Builder - General Construction - Open under the Occupational Licensing Act 2005

There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.

3

Licensed Builder - General Construction – Medium Rise under the Occupational Licensing Act 2005

There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.

4

Licensed Builder - General Construction – Low Rise under the Occupational Licensing Act 2005

There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.

5

Licensed Builder - General Construction - Domestic under the Occupational Licensing Act 2005

There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.

6

Licensed Real Estate Agent under the Property Agents and Land Transactions Act 2016

There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to both vendors and purchasers of real estate in Tasmania due to the potential application of differing standards.

7

Licensed Property Manager under the Property Agents and Land Transactions Act 2016

There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to parties letting or renting property in Tasmania due to the potential application of differing standards.

8

Licensed General Auctioneer under the Property Agents and Land Transactions Act 2016

There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to both vendors and purchasers of real estate in Tasmania due to the potential application of differing standards

9

Licensed Property Representative under the Property Agents and Land Transactions Act 2016

There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to both vendors and purchasers of real estate in Tasmania due to the potential application of differing standards.

 

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