Contents
1......... Name................................................................................................................................ 1
2......... Commencement................................................................................................................ 1
3......... Authority.......................................................................................................................... 1
4......... Definitions....................................................................................................................... 1
5......... Registrations exempted from automatic deemed registration............................................ 1
1 Name
This instrument is the Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) 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 | The day this instrument is registered. | |
Note: This table relates only to the provisions of this instrument as originally made.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 subsection 42S(1) of the Mutual Recognition Act 1992.
4 Definitions
In this instrument:
Act means the Mutual Recognition Act 1992.
5 Registrations exempted from automatic deemed registration
(1) For the purposes of subsection 42S(1) of the Act, the registrations specified in column 1 of the table are excluded from the operation of automatic deemed registration in Western Australia.
(2) The statements set out in column 2 of the table explain, under subsection 42S(2) of the Act, the significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public on which basis the Minister is satisfied that the exclusion of the registration in column 1 is necessary.
(3) The exclusion of the registrations specified in item 1 of the table has effect for the period of 3 years beginning on the day on which this instrument commences.
| Exempted registrations |
| Column 1 | Column 2 |
| Registration | Statement explaining significant risk |
| 1. Electrical contractor’s licence, electrician’s licence and restricted licence under the Electricity (Licensing) Regulations 1991 of Western Australia | Automatic deemed registration in relation to these registrations would heighten the likelihood of a member of the public or worker suffering a fatality or serious injury arising from non-compliant electrical work due to specific features of the Western Australian electrical licensing system that do not apply elsewhere in Australia. |
| 2. Firearm Licence, Corporate Licence, Dealer’s Licence, Repairer’s Licence, Manufacturer’s Licence and Shooting Gallery Licence under the Firearms Act 1973 of Western Australia | Automatic deemed registration in relation to these registrations would remove critical identity and security checks that could lead to the unverified and unregulated sale of firearms in Western Australia, which could put the public at significant risk. |
| 3. Pilotage provider’s licence under the Port Authorities Regulations 2001 of Western Australia | Automatic deemed registration in relation to this registration would increase the likelihood of a marine incident caused by inadequate pilotage that causes damage to the environment or harm to workers or the public. Pilotage services in Western Australia should be undertaken by a person having the required local knowledge that is specific to the port and pilotage area. This local knowledge can only be garnered over time through port-specific training and experience; the registration is therefore not appropriate for automatic deemed registration. |
| 4. Security agent’s licence, security officer’s licence, crowd control agent’s licence, crowd controller’s licence, inquiry agent’s licence, security bodyguard’s licence, investigator’s licence, security installer’s licence and security consultant’s licence under the Security and Related Activities (Control) Act 1996 of Western Australia | Automatic deemed registration in relation to these registrations would remove critical components of security licensing, including identity and security checks such as screening for suspensions and disciplinary issues. This would put the public at significant risk due to the increased likelihood of inappropriate persons working in security in Western Australia. |
| 5. Pilot’s licence under the Shipping and Pilotage Act 1967 of Western Australia | Automatic deemed registration in relation to this registration would increase the likelihood of a marine incident caused by inadequate pilotage that causes damage to the environment or harm to workers or the public. Pilotage services in Western Australia should be undertaken by a person having the required local knowledge that is specific to the port and pilotage area. This local knowledge can only be garnered over time through port-specific training and experience; the registration is therefore not appropriate for automatic deemed registration. |
| 6. Registration under the Teacher Registration Act 2012 of Western Australia | Automatic deemed registration in relation to this registration would pose a significant risk to the safety and welfare of children. In particular, until information exchange between jurisdictions for the purposes of automatic deemed registration is improved, there is an increased likelihood of the regulator for the teaching profession in Western Australia and employers being unaware of potential child safety risks associated with particular teachers. |