An Act to provide for the recognition within each State and Territory of the Commonwealth of regulatory standards adopted elsewhere in Australia regarding goods, occupations and activities
Part 1—Preliminary
1 Short title
This Act may be cited as the Mutual Recognition Act 1992.
2 Commencement
The provisions of this Act commence on a day or days to be fixed by Proclamation.
3 Principal purpose
The principal purpose of this Act is to enact legislation authorised by the Parliaments of States under paragraph (xxxvii) of section 51 of the Commonwealth Constitution, and requested by the legislatures of the Australian Capital Territory and the Northern Territory, for the purpose of promoting the goal of freedom of movement of goods and service providers in a national market in Australia.
3A Simplified outline of this Act
The purpose of this Act is to promote the goal of freedom of movement of goods and service providers in a national market in Australia.
Part 2 allows goods that have been produced in or imported into a first State to be sold in a second State without needing to comply with certain requirements in the second State (such as requirements relating to the standards of the goods or the way the goods are presented). Goods may be permanently or temporarily exempted from the application of that Part.
Part 3 provides for individuals who are registered for an occupation in one State to be registered for, and carry on the activities of, an equivalent occupation in a second State. Ministers from 2 or more States may determine which occupations are equivalent between their States.
Part 3A provides for individuals who are registered for an occupation in their home State to carry on activities covered by their home State occupation in a second State. The activities are carried on in the second State under automatic deemed registration. A State Minister may exempt registrations from automatic deemed registration because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public.
The mutual recognition principle underlies each of Parts 2, 3 and 3A.
The power to enact this Act is provided by:
(a) the States referring to the Parliament of the Commonwealth the power to enact this Act as originally enacted or subsequently amended, under paragraph 51(xxxvii) of the Commonwealth Constitution; and
(b) the States adopting this Act as originally enacted or subsequently amended, under paragraph 51(xxxvii) of the Commonwealth Constitution; and
(c) section 122 of the Commonwealth Constitution (which deals with Territories).
4 Interpretation
(1) In this Act, unless the contrary intention appears:
activity means an activity authorised to be carried on under an occupation that requires registration.
automatic deemed registration has the meaning given by subsection 42D(3).
commencement day, for a State, means:
(a) the day this definition commences (unless paragraph (b) applies); or
(b) for a State that is a pre‑adoption State on the day this definition commences—the day the State adopts this Act, as amended by the Mutual Recognition Amendment Act 2021.
conditions, when used in relation to occupations or registration, means conditions, limitations or restrictions.
covers: an occupation covers an activity if a person must be registered for the occupation to carry on the activity.
equivalent, when used in relation to occupations, has a meaning affected by Division 4 of Part 3.
first State:
(a) in, and in relation to, Part 2—has the meaning given by subsection 8(2); and
(b) in, and in relation to, Part 3—has the meaning given by subsection 16(2).
goods means goods of any kind, and includes:
(a) animals; or
(b) a package containing goods; or
(c) a label attached to goods.
grant, when used in relation to registration, means grant, issue or otherwise confer registration.
home State has the meaning given by subsections 42A(3) and (4).
home State registration has the meaning given by paragraph 42D(1)(b).
import means import from outside Australia.
interim deemed registration has the meaning given by subsection 25(2).
labelling of goods includes any means by which, at the point of sale, information is attached to goods or is displayed in relation to goods without being attached to them.
local registration authority of a State for an occupation means the person or authority in the State having the function conferred by legislation of registering persons in connection with their carrying on that occupation in the State.
Note: Local registration authorities are given additional functions under this Act.
mutual recognition matters has the same meaning as in the Mutual Recognition (New South Wales) Act 1992 (NSW).
mutual recognition principle:
(a) as applying to goods—has the meaning given by subsection 8(1); and
(b) as applying to occupations that are equivalent—has the meaning given by subsection 16(1); and
(c) as applying to activities covered by occupations—has the meaning given by subsection 42A(1).
occupation means an occupation, trade, profession or calling of any kind that may be carried on only by registered persons, where registration is wholly or partly dependent on the attainment or possession of some qualification (for example, training, education, examination, experience, character or being fit or proper), and includes a specialisation in any of the above in which registration may be granted.
participating jurisdiction has the meaning given by subsection 5(4).
pre‑adoption State means a State (other than a Territory) that is a participating jurisdiction, but which has not done either of the following:
(a) before the enactment of the Mutual Recognition Amendment Act 2021, referred the mutual recognition matters to the Parliament of the Commonwealth to the extent of the making of laws with respect to those matters by making express amendments to this Act;
(b) adopted this Act, as amended by the Mutual Recognition Amendment Act 2021.
principal place of residence of a person means the place of residence or home that the person primarily occupies, on an ongoing and permanent basis, as the person’s settled or usual home.
principal place of work of a person, in relation to an activity covered by an occupation, means the place in which the person primarily carries on that occupation.
produce includes to manufacture, and also includes to harvest or otherwise produce in the course of any form of primary production.
public protection requirement means a requirement regarding insurance, fidelity funds, trust accounts, minimum financial requirements or the like that is designed to protect the public, clients, customers or others.
registration includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for carrying on an occupation.
registration fee has the meaning given by subsection 42K(2).
requirements:
(a) when used in relation to goods, means requirements, prohibitions, restrictions or conditions; and
(b) when used in relation to secrecy, privacy or confidentiality, means laws, binding administrative arrangements, directions or other limitations, protections or processes.
second State:
(a) in, and in relation to, Part 2—has the meaning given by subsection 8(2); and
(b) in, and in relation to, Part 3—has the meaning given by subsection 16(2); and
(c) in, and in relation to, Part 3A—has the meaning given by subsection 42A(2).
second State occupation has the meaning given by paragraph 42D(1)(c).
sell includes sell by wholesale or retail, and includes distribute for sale, expose or offer for sale or have in possession for sale or agree to sell, and includes barter, and includes supply by way of exchange, lease, hire or hire‑purchase.
State includes the Australian Capital Territory or the Northern Territory.
substantive registration means registration under a law of a State, but does not include interim deemed registration or automatic deemed registration.
Tribunal means the Administrative Appeals Tribunal.
vulnerable person character test means a character test or a fit or proper person test conducted for the purposes of determining whether a person may carry on an activity in relation to children, young people or vulnerable people.
(2) This Act is to be interpreted in accordance with the Acts Interpretation Act 1901 as in force at the date on which this Act receives the Royal Assent.
5 Application of this Act to States
(1) This Act applies to a State, but only while it is a participating jurisdiction.
(2) Accordingly, a reference in this Act to a State is a reference to a State that is a participating jurisdiction.
Effect of amendments to this Act on pre‑adoption States
(3) Despite subsections (1) and (2), the amendments of this Act made by the Mutual Recognition Amendment Act 2021 do not apply to a pre‑adoption State.
Note: Two versions of this Act will apply in Australia unless all States refer or adopt this Act as amended by the Mutual Recognition Amendment Act 2021.
The amended version of this Act applies in the Australian Capital Territory, the Northern Territory and any State that, before those amendments commence, refers power to the Commonwealth under paragraph 51(xxxvii) of the Commonwealth Constitution to enact the amendments made by the Mutual Recognition Amendment Act 2021.
The unamended version of this Act continues to apply to any pre‑adoption State unless that State adopts those amendments.
Definition of participating jurisdiction
(4) A participating jurisdiction is:
(a) a State (other than a Territory) for which there is in force an Act of its Parliament that, for the purposes of paragraph 51(xxxvii) of the Commonwealth Constitution:
(i) refers to the Parliament of the Commonwealth the power to enact this Act as originally enacted; or
(ii) adopts this Act as originally enacted, whether with or without subsequent amendments; or
(b) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that:
(i) requests the Parliament of the Commonwealth to enact this Act as originally enacted; or
(ii) enables this Act as originally enacted, whether with or without subsequent amendments, to apply in relation to the Territory.
6 Operation of this Act
(1) Nothing in this Act affects the operation of any other law of the Commonwealth.
(2) This Act does not limit the operation of a law of a State so far as it can operate concurrently with this Act.
7 Crown bound
Subject to section 5, this Act binds the Crown in right of the Commonwealth and of each of the States.
Part 2—Goods
8 Mutual recognition—goods
(1) The mutual recognition principle as applying to goods is as set out in this Part.
(2) This Part deals with goods produced in or imported into a State (the first State) and their sale in another State (the second State).
9 Entitlement to sell goods
The mutual recognition principle is that, subject to this Part, goods produced in or imported into the first State, that may lawfully be sold in that State either generally or in particular circumstances, may, because of this Act, be sold in the second State either generally or in particular circumstances (as the case may be), without the necessity for compliance with further requirements as described in section 10.
10 Requirements that do not need to be complied with
The further requirements referred to in section 9 are any one or more of the following requirements relating to sale that are imposed by or under the law of the second State:
(a) a requirement that the goods satisfy standards of the second State relating to the goods themselves, including, for example, requirements relating to their production, composition, quality or performance;
(b) a requirement that the goods satisfy standards of the second State relating to the way the goods are presented, including, for example, requirements relating to their packaging, labelling, date stamping or age;
(c) a requirement that the goods be inspected, passed or similarly dealt with in or for the purposes of the second State;
(d) a requirement that any step in the production of the goods not occur outside the second State;
(e) any other requirement relating to sale that would prevent or restrict, or would have the effect of preventing or restricting, the sale of the goods in the second State.
11 Requirements that do need to be complied with
(1) The mutual recognition principle is subject to the exceptions specified in this section.
(2) The first exception is that the principle does not affect the operation of any laws of the second State that regulate the manner of the sale of goods in the second State or the manner in which sellers conduct or are required to conduct their business in the second State (including laws set out in the examples below), so long as those laws apply equally to goods produced in or imported into the second State.
Examples: Laws relating to the following:
(a) the contractual aspects of the sale of goods;
(b) the registration of sellers or other persons carrying on occupations;
(c) the requirement for business franchise licences;
(d) the persons to whom goods may or may not be sold;
(e) the circumstances in which goods may or may not be sold.
(3) The second exception is that the principle does not affect the operation of any laws of the second State regarding the transportation, storage or handling of goods within the State, so long as:
(a) those laws apply equally to goods produced in or imported into the second State; and
(b) those laws are directed at matters affecting health and safety of persons in the second State or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the second State.
(4) The third exception is that the principle does not affect the operation of any laws of the second State regarding the inspection of goods within the State, so long as:
(a) inspection or the requirement for inspection is not a prerequisite to the sale of the goods in the second State; and
(b) those laws apply equally to goods produced in or imported into the second State; and
(c) those laws are directed at matters affecting the health and safety of persons in the second State or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the second State.
12 Defences to offences regarding sale
(1) It is a defence to a prosecution for an offence against a law of the second State in relation to the sale of any goods if the defendant expressly claims that the mutual recognition principle applies and establishes that:
(a) the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into the first State; and
(b) the defendant had no reasonable grounds for suspecting that they were not so produced or imported.
(2) The defence is not available if the prosecution proves that the mutual recognition principle did not apply in the circumstances of the alleged offence (because, for example, the goods did not comply with requirements imposed by the law of the first State).
(3) Any relevant presumptions or evidentiary procedures under the law of the first State are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2).
(4) Any relevant defences under the law of the first State are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2).
(5) This section does not affect any defence that is available apart from this section.
13 Goods that comply with local law
(1) Nothing in this Part prevents goods from being sold in the second State if (apart from this Act) they comply with the relevant requirements imposed by or under the law of the second State.
(2) Nothing in this Part requires the labelling of goods as mentioned in section 12 if (apart from this Act) they comply with the relevant requirements imposed by or under the law of the second State.
14 Permanent exemptions
(1) This Part does not apply to goods described in Schedule 1.
(2) This Part does not affect the operation of laws described in Schedule 2.
(3) Unless otherwise stated in Schedule 2, a law described in that Schedule includes any amendment or replacement of that law, but only to the extent that the amendment or replacement deals with the same subject‑matter.
15 Temporary exemptions
(1) This Part does not apply to the sale in the second State of goods, or affect laws of the second State, for the time being declared by or under an Act or regulation of the State to be goods or laws to which this section applies.
(2) Any such exemptions have effect only if they are substantially for the purpose of protecting the health and safety of persons in the State or preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the State.
(3) No such exemption operates (together with the period of any previous exemption) for longer than a period of 12 months or an aggregate period of 12 months.
Part 3—Occupations
Division 1—Preliminary
16 Mutual recognition—equivalent occupations
(1) The mutual recognition principle as applying to occupations that are equivalent is as set out in this Part.
Note: Part 3A provides for mutual recognition of activities covered by occupations.
(2) This Part deals with the ability of a person who is registered for an occupation in a State (the first State) to carry on an equivalent occupation in another State (the second State).
17 Entitlement to carry on equivalent occupation
(1) The mutual recognition principle is that, subject to this Part, a person who is registered in the first State for an occupation is, by this Act, entitled after notifying the local registration authority of the second State for the equivalent occupation:
(a) to be registered in the second State for the equivalent occupation; and
(b) pending such registration, to carry on the equivalent occupation in the second State.
(2) However, the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an occupation in the second State, so long as those laws:
(a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and
(b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.
18 Application of this Part
(1) This Part applies to individuals and occupations carried on by them.
(2) This Part extends to an occupation carried on by an individual, where the individual is subject to more than one system of registration or more than one local registration authority in a State, and accordingly this Part applies in relation to each such system of registration and each such authority.
(3) Without limiting subsection (2), an example of such an occupation is that of a legal practitioner, which involves both the admission as a legal practitioner by a court and the issue of a practising certificate by another body.
Division 2—Entitlement to registration for equivalent occupations
19 Notification to local registration authority
(1) A person who is registered in the first State for an occupation that is equivalent to an occupation in the second State may lodge a written notice with the local registration authority of the second State for the equivalent occupation, seeking registration for the equivalent occupation in accordance with the mutual recognition principle.
(2) The notice must:
(a) state that the person is registered for the occupation in the first State and specify that State; and
(b) state the occupation for which registration is sought and that it is being sought in accordance with the mutual recognition principle; and
(c) specify each State in which the person has substantive registration for an equivalent occupation; and
(ca) specify each State in which the person has interim deemed registration to carry on an equivalent occupation; and
(cb) specify each State in which the person has automatic deemed registration to carry on an activity covered by the occupation referred to in paragraph (b); and
(d) state that the person is not the subject of disciplinary proceedings in any State (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to those occupations; and
(e) state that the person’s registration (including interim deemed registration and automatic deemed registration) in any State is not cancelled or currently suspended as a result of disciplinary action; and
(f) state that the person is not otherwise personally prohibited from carrying on any such occupation in any State, and is not subject to any conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any State; and
(g) specify any conditions to which the person is subject in carrying on any such occupation in any State.
Note: For paragraph (cb), one or more steps must be taken before automatic deemed registration begins (see subsections 42D(3) and (4)).
(3) The notice must be accompanied by a document that is either the original or a copy of the instrument evidencing the person’s existing registration (or, if there is no such instrument, by sufficient information to identify the person and the person’s registration).
(4) As regards the instrument evidencing the person’s existing registration, the person must certify in the notice that the accompanying document is the original or a complete and accurate copy of the original.
(5) The statements and other information in the notice must be verified by statutory declaration or another method agreed to by the local registration authority.
(6) The local registration authority may permit the notice to be amended after it is lodged.
20 Entitlement to registration and continued registration
(1) A person who lodges a notice in accordance with section 19 with a local registration authority of the second State is entitled to be registered in the equivalent occupation, as if the law of the second State that deals with registration expressly provided that registration in the first State is a sufficient ground of entitlement to registration.
(2) The local registration authority may grant registration on that ground and may grant renewals of such registration.
(3) Once a person is registered on that ground, the entitlement to registration mentioned in subsection (1) continues, whether or not registration (including any renewal of registration) ceases in the first State.
(4) Continuance of the registration is otherwise subject to the laws of the second State, to the extent to which those laws:
(a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and
(b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.
(4A) To avoid doubt, a law imposing a public protection requirement is not a law based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.
(5) The local registration authority may impose conditions on the registration, but may not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they are conditions that apply to the person’s registration in the first State or that are necessary to achieve equivalence of occupations.
(6) This section has effect subject to this Part.
21 Action following notice
(1) Registration mentioned in subsection 20(1) must be granted within one month after the notice is lodged with the local registration authority in accordance with section 19.
(2) When granted, the registration takes effect as from the date the notice was lodged.
(3) However, the local registration authority may, subject to this Part and within one month after the notice was lodged, postpone or refuse the grant of registration.
(4) If the local registration authority neither grants the registration nor takes action in accordance with subsection (3) within the period of one month after the notice is lodged, the person is entitled to registration as mentioned in subsection 20(1) immediately at the end of that period and no objection may be taken to the notice on any of the grounds on which refusal or postponement may be effected, except where fraud is involved.
22 Postponement of registration
(1) A local registration authority may postpone the grant of registration mentioned in subsection 20(1) if:
(a) any of the statements or information in the notice as required by section 19 are materially false or misleading; or
(b) any document or information as required by subsection 19(3) has not been provided or is materially false or misleading; or
(c) the circumstances of the person lodging the notice have materially changed since the date of the notice or the date it was lodged; or
(d) the authority decides that the occupation in which registration is sought is not an equivalent occupation.
(2) If the grant of registration has been postponed, the local registration authority may in due course grant or refuse the registration.
(3) The local registration authority may not postpone the grant of registration for longer than a period of 6 months, and the person is entitled to registration as mentioned in subsection 20(1) immediately at the end of that period, unless the registration was refused at or before the end of that period.
(4) Nothing in subsection (3) prevents earlier registration mentioned in subsection 20(1) from being granted on a review by the Tribunal.
23 Refusal of registration
(1) A local registration authority may refuse the grant of registration mentioned in subsection 20(1) if:
(a) any of the statements or information in the notice as required by section 19 are materially false or misleading; or
(b) any document or information as required by subsection 19(3) has not been provided or is materially false or misleading; or
(c) the authority decides that the occupation in which registration is sought is not an equivalent occupation and equivalence cannot be achieved by the imposition of conditions.
(2) A decision to refuse to grant the registration on the ground that the occupation in which registration is sought is not an equivalent occupation takes effect at the end of a specified period (not less than 2 weeks) after the person is notified of the decision, unless it has been previously revoked or there is an application for review to the Tribunal, in which case the Tribunal may make whatever orders it considers appropriate.
24 Notification of decision
A local registration authority must give the person who lodges a notice in accordance with section 19 a notice in writing of its decision to grant registration, or to postpone or refuse the grant of registration, or to impose conditions on registration, in accordance with this Division.
Division 3—Interim arrangements
25 Interim deemed registration
(1) A person who lodges a notice in accordance with section 19 with a local registration authority of a State is, pending the grant or refusal of registration in accordance with Division 2, taken to be registered as provided in section 20.
(2) Such registration is called interim deemed registration in this Act.
(3) Interim deemed registration in one State does not of itself provide a basis for registration in another State.
26 Duration of interim deemed registration
(1) A person’s interim deemed registration in the second State continues until it is cancelled or suspended or otherwise ceases in accordance with this Part.
(2) A person’s interim deemed registration in the second State ceases if the person becomes substantively registered in the State in connection with the occupation concerned.
(3) A person’s interim deemed registration in the second State ceases if the local registration authority of the State refuses to grant registration, subject to any determination of the Tribunal.
(4) A person’s interim deemed registration in the second State ceases if the person ceases to be substantively registered in every other State mentioned in the notice as required by paragraph 19(2)(c).
(5) A local registration authority of the second State may cancel a person’s interim deemed registration in the second State if the person requests cancellation.
(6) Interim deemed registration is not affected by postponement of the grant of substantive registration.
27 Activities under interim deemed registration
(1) A person who has interim deemed registration in the second State may carry on the occupation in the second State as if the interim deemed registration were substantive registration in the second State.
(2) However, the person may do so only:
(a) within the limits conferred by the person’s substantive registration in the first State; and
(b) within the limits conferred by the person’s interim deemed registration in the second State; and
(c) subject to any conditions or undertakings applying to the person’s registration in the first State, unless waived by the local registration authority of the second State in accordance with this section; and
(d) subject to any conditions applying to the person’s interim deemed registration.
(3) Without limiting anything in this Division:
(a) the person may not carry on the occupation in the second State without complying with any public protection requirements; and
(b) a person who has interim deemed registration in an occupation in the second State is subject to any disciplinary provisions and arrangements that are applicable to persons who are substantively registered in that State; and
(c) references in the law of the second State to persons registered in an occupation under the law of that State (however expressed) extend to persons who have interim deemed registration for the occupation.
(4) However, the local registration authority of the second State may waive any condition imposed under the law of the first State, or any undertaking given to the local registration authority of the first State, if it thinks it appropriate in the circumstances.
(5) The local registration authority of the second State may impose conditions as if interim deemed registration were substantive registration, but it must not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they correspond to conditions or undertakings that apply to the person’s registration in the first State or that are necessary to achieve equivalence of occupations.
Division 4—Equivalent occupations
28 Equivalent occupations
The equivalence of occupations carried on in different States is to be determined in accordance with this Part.
29 General principles
(1) An occupation for which persons may be registered in the first State is taken to be equivalent to an occupation for which persons may be registered in the second State if the activities authorised to be carried out under each registration are substantially the same (whether or not this result is achieved by means of the imposition of conditions).
(2) Conditions may be imposed on registration in accordance with this Part so as to achieve equivalence between occupations in different States.
(3) This section has effect subject to any relevant declarations in force under this Division.
30 Declarations as to equivalent occupations
(1) This Part is to be given effect in accordance with relevant declarations (if any) made under this Division regarding equivalent occupations.
(2) If a declaration made by the Tribunal and a declaration made by Ministers are inconsistent, the ministerial declaration prevails.
(3) A declaration under this Part does not affect the registration of any person already registered (except in the case of a declaration made by the Tribunal in relation to that person specifically).
31 Declarations by Tribunal
(1) On a review, the Tribunal may make an order that a person who is registered in a particular occupation in a particular State is or is not entitled to registration in another State in a particular occupation, and may specify or describe conditions that will achieve equivalence.
(2) On such a review, the Tribunal may make a declaration that occupations carried on in 2 States are not equivalent, but only if the Tribunal is satisfied that:
(a) the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or
(b) registration in one State should not entitle registered persons to carry on a particular activity or class of activity in the other State, where:
(i) the activity or class of activity is a material part of the practice of a person registered in the first State for the occupation; and
(ii) the activity or class of activity, if carried out by a person not conforming to the appropriate standards, could reasonably be expected to expose persons in the other State to a real threat to their health or safety or could reasonably be expected to cause significant environmental pollution (including air, water, noise or soil pollution); and
(iii) it is not practicable to protect the health or safety of such persons from that threat or the environment from such pollution by regulating the manner in which services in the occupation are provided.
(3) The Registrar or other proper officer of the Tribunal must cause a notice setting out the terms of a declaration under this section to be promptly published in the Gazette.
(4) A declaration made on the basis of paragraph (2)(b) has effect for no longer than 12 months, and the local registration authority must promptly notify appropriate authorities in each other State and the Commonwealth of the declaration.
(5) The local registration authority is to give effect to the decision on the review, and must thereafter act in conformity with the decision in relation to other persons seeking registration.
32 Declarations by Ministers
(1) A Minister from each of 2 or more States may jointly declare, by notice in the Gazette, that specified occupations are equivalent, and may specify or describe conditions that will achieve equivalence.
(2) The declaration may be amended or rescinded in the same way.
(3) The declaration has effect only in relation to the States concerned.
(4) The appropriate local registration authority is to give effect to the declaration.
Division 5—General provisions
33 Disciplinary action
(1) If a person’s registration in an occupation in a State:
(a) is cancelled or suspended; or
(b) is subject to a condition;
on disciplinary grounds, or as a result of or in anticipation of criminal, civil or disciplinary proceedings, then the person’s registration in the equivalent occupation in another State is affected in the same way.
(2) However, the local registration authority of the other State may reinstate any cancelled or suspended registration or waive any such condition if it thinks it appropriate in the circumstances.
(2A) If:
(a) a person’s registration for an occupation in a State is cancelled, suspended or subject to a condition; and
(b) the local registration authority for the occupation in the State knows that the person is registered for an equivalent occupation in another State;
the local registration authority must, without delay, inform the local registration authority for the equivalent occupation of the cancellation, suspension or condition.
(2B) Subsection (2A) applies despite any requirements relating to secrecy, privacy or confidentiality.
(2C) Nothing in this section affects any obligation or power to provide information apart from this section.
(3) This section extends to registration effected apart from this Act, but does not apply to any automatic deemed registration.
Note: For rules relating to cancellations etc. in relation to automatic deemed registrations, see sections 42G and 42M.
(4) This section has effect despite any other provisions of this Part.
34 Review of decisions
(1) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Tribunal for review of a decision of a local registration authority in relation to its functions under this Part, subsection 42F(3), paragraph 42G(2)(b) or subsection 42M(2).
(2) In subsection (1):
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.
(3) If a local registration authority gives a person written notice of the making of a decision referred to in subsection (1), the notice must include a statement to the effect that:
(a) subject to the Administrative Appeals Tribunal Act 1975, application for review of the decision may be made to the Tribunal by a person whose interests are affected by the decision; and
(b) except where subsection 28(4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision.
(4) Any failure to comply with subsection (3) does not affect the validity of the decision.
35 Costs
The Tribunal may order a party in proceedings before it to pay costs if the party has acted unreasonably.
36 Residence or domicile
Residence or domicile in a particular State is not to be a prerequisite for or a factor in entitlement to the grant, renewal or continuation of registration arising as a result of this Part.
37 Furnishing information
(1) A local registration authority of a State must furnish, as soon as reasonably practicable, any information reasonably required by a local registration authority of another State about a person substantively registered under a law of the first‑mentioned State.
(2) The obligation imposed in accordance with this section does not apply unless the authority of the other State notifies the authority of the first‑mentioned State that the information is required in connection with:
(a) a notice lodged in accordance with section 19 by the person seeking registration in the other State; or
(b) the person’s interim deemed registration in the other State; or
(c) actual or possible disciplinary action against the person.
(3) The authority of the first‑mentioned State may provide the information, despite any requirements relating to secrecy, privacy or confidentiality.
(4) Nothing in this section affects any obligation or power to provide information apart from this section.
38 Receiving information
If a local registration authority receives information in relation to a person under section 33 or 37:
(a) the information is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and
(b) the local registration authority may use the information for the purposes of the person’s substantive registration (whether under this Part or otherwise), interim deemed registration or automatic deemed registration, in the State.
39 General responsibilities of local registration authorities
Facilitating operation of this Part
(1) It is the duty of each local registration authority to facilitate the operation of this Part in relation to the occupations for which the authority is responsible, and in particular to make use of the power to impose conditions in such a way as to promote the mutual recognition principle.
Guidelines and information
(2) It is the duty of each local registration authority to prepare and make available guidelines and information regarding the operation of this Part in relation to the occupations for which the authority is responsible.
(3) Without limiting subsection (2), it is the duty of each local registration authority in a State to make publicly available information about how personal information may be used by the authority for the purposes of this Part.
40 Fees
(1) A local registration authority has power to impose fees in relation to substantive or interim deemed registration or the continuance of registration arising as a result of this Part, but any such fees may not be greater than are applicable for registration apart from this Part.
(2) Nothing in this section prevents the fixing or prescribing of fees referred to in this section under any other law of a State, but the fees may not be greater than can be imposed in accordance with this section.
(3) The local registration authority may impose a condition on substantive or interim deemed registration arising as a result of this Part to the effect that a person may not carry out activities under registration unless a fee or other payment has been paid, but such a condition may not be imposed unless it corresponds to a requirement attaching to registration apart from this Part.
(4) This section does not authorise the imposition of a tax.
41 Formalities requiring personal attendance
(1) Neither substantive or interim deemed registration, nor entitlement to registration, as a result of this Part requires compliance with any statutory or other formalities requiring personal attendance in the second State for the purposes of becoming registered.
(2) This section applies to formalities that would otherwise have to be complied with before, at or after registration.
42 Saving
Nothing in this Part prevents a person from seeking registration or being registered for an occupation under a law apart from this Part.
Note: A person may, in accordance with Part 3A, have automatic deemed registration to carry on an activity covered by an occupation, or may alternatively have substantive registration under a State law.
Part 3A—Automatic deemed registration to carry on activities covered by occupations
Division 1—Preliminary
42A Mutual recognition—activities covered by occupations
(1) The mutual recognition principle as applying to activities covered by occupations is as set out in this Part.
Note 1: Part 3 provides for mutual recognition of occupations that are equivalent.
Note 2: For the definition of activity, see subsection 4(1).
(2) This Part deals with the ability of a person who is registered for an occupation in the person’s home State to carry on an activity covered by an occupation in another State (the second State).
(3) The home State for a person for an occupation is either of the following in which the person is registered for the occupation (other than because of this Part):
(a) the State in which the person has their principal place of residence;
(b) the State in which the person has their principal place of work for the occupation.
If the person’s home State under paragraphs (a) and (b) in relation to an occupation is different, the person’s home State is whichever of the 2 States is chosen by the person.
(4) A person can continue to claim their previous home State for an occupation as their home State for the occupation if:
(a) the person moves their principal place of residence or principal place of work for the occupation to another State; and
(b) the person continues to be registered for the occupation in their previous home State; and
(c) the person has interim deemed registration in the other State for an equivalent occupation.
Note 1: Interim deemed registration in one State does not of itself provide a basis for registration in another State (see subsection 25(3)).
Note 2: A reference in this Part to a State does not include a reference to a pre‑adoption State, unless the expression “any State” is used (see subsection 42C(3)).
42B Entitlement to carry on activities covered by occupations in a second State
(1) The mutual recognition principle is that, subject to this Part, a person who is authorised to carry on an activity covered by an occupation in the person’s home State is entitled to carry on that activity in the second State if the activity is covered by an occupation in the second State.
(2) However, the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an activity covered by the occupation in the second State, so long as those laws:
(a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and
(b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.
42C Application of this Part
(1) This Part applies to individuals, and activities carried on by them that are covered by occupations.
(2) If, in relation to an activity covered by an occupation, an individual is subject to:
(a) more than one system of registration in a State; or
(b) more than one local registration authority in a State;
this Part applies in relation to each of those systems of registration or each of those authorities.
References to States
(3) A reference in this Part to a State does not include a reference to a pre‑adoption State, unless the expression “any State” is used.
Division 2—Entitlement to automatic deemed registration
42D Entitlement to automatic deemed registration
(1) This section applies if:
(a) a person is authorised to carry on an activity covered by an occupation in their home State; and
(b) the person is registered (the home State registration) for that occupation in their home State; and
(c) to carry on the activity in the second State, the person would have to be registered in the second State for an occupation (the second State occupation).
Automatic deemed registration
(2) For the purposes of carrying on the activity in the second State, the person is taken:
(a) to be registered in the second State for the second State occupation; and
(b) to have any additional registration required to carry on the activity in the second State.
(3) The registration (or registrations) the person has because of subsection (2) is automatic deemed registration, which has effect once the person:
(a) meets any requirements covered by paragraphs (4)(f) to (h); or
(b) if no such requirements apply—begins to carry on the activity in the second State.
Note: This does not authorise the person to carry on every activity in the second State covered by the second State occupation. Automatic deemed registration authorises in the second State only activities the person is authorised to carry on in their home State.
Exceptions to automatic deemed registration
(4) However, subsection (2) does not apply if:
(a) the person:
(i) is the subject of criminal, civil or disciplinary proceedings in any State (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) in relation to an occupation that covers the activity; and
(ii) the person has been informed or is otherwise aware of those proceedings; or
(b) any registration the person is required to have to carry on the activity, or an occupation that covers the activity, in any State is cancelled or currently suspended as a result of disciplinary action; or
(c) the person is otherwise personally prohibited from carrying on the activity, or an occupation that covers the activity, or is subject to any conditions in carrying on the activity, as a result of criminal, civil or disciplinary proceedings in any State; or
(d) the person is refused registration in any State for an occupation that covers the activity; or
(e) the person is authorised otherwise than under this Part to carry on the activity in the second State; or
(f) the person fails to meet any public protection requirements required by the law of the second State before carrying on the activity, or while they are carrying on the activity, or fails to provide evidence of meeting those requirements; or
(g) if the law of the second State requires a vulnerable person character test to be satisfied to carry on the activity—the person fails to satisfy the test, or fails to provide evidence of satisfying the test; or
(h) if a determination under section 42J requires the person to notify the local registration authority for the second State occupation:
(i) the person fails to notify the authority; or
(ii) if the person’s home State changes—the person fails to notify the authority of the change; or
(j) the person fails to give any information:
(i) required under section 42U; or
(ii) as required by, or in accordance with, a law of the second State that relates to carrying on the activity.
Note: In addition, sections 42S (exempting registrations because of significant risk to consumer protection etc.) and 42T (exempting registrations temporarily) provide for States to exempt a specified registration from the operation of this Part.
Automatic deemed registration does not create entitlement to other registrations
(5) Automatic deemed registration in one State does not of itself provide a basis for registration in another State.
42E Person may carry on activities in second State
(1) To avoid doubt, a person who has automatic deemed registration to carry on an activity is entitled to carry on the activity in the second State to the same extent that the person is authorised to carry on the activity in their home State.
(2) However, subject to this Division, the carrying on by the person of the activity in the second State is subject to the laws of the second State, to the extent that those laws:
(a) apply equally to all persons carrying on or seeking to carry on the activity under the law of the second State; and
(b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the activity.
(3) To avoid doubt, a law imposing a public protection requirement or requiring a vulnerable person character test is not a law based on the attainment or possession of some qualification or experience relating to fitness to carry on activities.
Note: A person will not have automatic deemed registration if they do not meet or satisfy relevant public protection requirements or a relevant vulnerable person character test (see paragraphs 42D(4)(f) and (g)).
42F Conditions on automatic deemed registration
(1) A person’s automatic deemed registration to carry on an activity is subject to:
(a) any condition or undertaking to which the person’s home State registration is subject; and
(b) if the person requires additional registration to carry on the activity in their home State—any condition or undertaking to which that additional registration is subject.
Note: See also section 45 (machinery provisions regarding limitations etc.).
(2) Any such condition or undertaking is taken to be imposed by the second State.
(3) If the local registration authority for the second State occupation thinks it appropriate to do so in the circumstances, the authority may waive a condition or undertaking imposed because of subsection (1).
Note: Application may be made to the Tribunal for review of a decision under this subsection (see subsection 34(1)).
(4) The second State (including the local registration authority for the second State occupation) must not impose any additional individual conditions on the person’s automatic deemed registration.
Note: Subsection (4) does not prevent general conditions from applying in relation to the person’s automatic deemed registration (see subsection 42E(2)).
42G When automatic deemed registration ends
(1) A person’s automatic deemed registration to carry on an activity ends if:
(a) the person is no longer authorised to carry on the activity in their home State; or
(b) a circumstance covered by subsection 42D(4) (exceptions to automatic deemed registration) occurs in relation to the person; or
(c) the person becomes substantively registered for the second State occupation; or
(d) the automatic deemed registration is cancelled or suspended under subsection (2) of this section.
(2) Without limiting subsection 42M(1), a local registration authority in the second State for an occupation that covers an activity may:
(a) cancel a person’s automatic deemed registration to carry on the activity in that State if the person requests the cancellation; or
(b) cancel or suspend a person’s automatic deemed registration if the person provides false or misleading information to a local registration authority in any State.
Note 1: Application may be made to the Tribunal for review of a decision under this paragraph (b) (see subsection 34(1)).
Note 2: See also section 42N (notifying other local registration authorities of suspension or cancellation).
42H Operation of State laws regarding registration
References to persons who are registered
(1) A reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by the occupation.
(2) For the purpose of any law of a State, a person who has automatic deemed registration in the State is taken:
(a) to have had the registration conferred by operation of the law of the State; and
(b) not to have had the registration conferred by the operation of this Part.
Note: One effect of this provision is that a decision of a local registration authority in a State in relation to a person’s automatic deemed registration is generally reviewable in accordance with the Acts of that State.
References to registration in other States
(3) If a law of a State refers to a person’s registration (however described) in another State, the reference does not include a reference to automatic deemed registration.
(4) In this section:
(a) a reference to registration includes a reference to previous registration; and
(b) a reference to automatic deemed registration includes a reference to previous automatic deemed registration.
42J Notification for automatic deemed registration
(1) If a Minister of a State makes a determination under subsection (4) in relation to a registration for an activity covered by an occupation, a person who intends to carry on the activity in the State in reliance on automatic deemed registration must notify the local registration authority for the occupation before the person begins to carry on the activity.
Note: The person does not have automatic deemed registration without making the notification if it is required (see subparagraph 42D(4)(h)(i)).
Limitation on notifications
(2) The local registration authority must not require notification of anything that is not required by section 19 for the occupation that covers the activity, other than evidence of meeting relevant public protection requirements or satisfying a relevant vulnerable person character test.
Note: For public protection requirements that must be met, see paragraph 42D(4)(f), and for any vulnerable person character test that must be satisfied, see paragraph 42D(4)(g).
(3) No fee is payable to the local registration authority in relation to the notification.
Determination by Minister
(4) A Minister of a State may, by legislative instrument, determine one or more registrations for which notification is required by subsection (1).
Note: The determination is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act).
(5) Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a determination under subsection (4) of this section.
42K No fee for automatic deemed registration
(1) A person must not be required to pay a registration fee in the second State in relation to the person’s automatic deemed registration to carry on an activity.
Note: The local registration authority must also not charge a fee in relation to notifying the authority that the person intends to rely on automatic deemed registration (see subsection 42J(3)).
(2) A registration fee is:
(a) a fee (however described) that is required to be paid before a person is registered, or to continue a person’s registration (for example, on an anniversary of the person’s registration); or
(b) a fee (however described) that is payable to a local registration authority for an occupation to generally support compliance activities by the local registration authority (or any other person) in relation to the person’s automatic deemed registration, other than:
(i) a fine, penalty or legal costs; or
(ii) a fee that is payable for a specific and identifiable compliance action taken in relation to carrying on an activity;
but does not include a fee relating to public protection requirements or a vulnerable person character test.
Example: A fee (however described) that is charged to pay for an inspector to provide a certificate of compliance is not a registration fee as it is payable for a specific and identifiable compliance action taken in relation to carrying on an activity.
42L Evidence of automatic deemed registration
Evidence of registration
(1) For the purposes of a law of the second State, if a person has automatic deemed registration to carry on an activity in the second State:
(a) evidence of the person’s home State registration is taken to be evidence of the person’s automatic deemed registration to carry on the activity in the second State (even if the evidence has been issued by the second State); and
(b) if the person is relying on evidence from the person’s home State, the person must comply with any requirement of the law of the second State to provide evidence of the person’s registration to the extent possible.
Note: For example, a requirement in a second State for a person’s registration number to be shown in the person’s advertising would be complied with by the person showing their home State registration number in the advertising.
Licences etc.
(2) Despite any law of a State:
(a) a local registration authority in the State for an occupation that covers an activity is not required to give a person any evidence of the person’s automatic deemed registration (such as a licence, approval or certification) to carry on the activity; but
(b) the local registration authority may give the person such evidence of the person’s automatic deemed registration.
If the person is not given such evidence, the person is taken, for the purposes of a law of the State, to hold a licence, approval or certification or other evidence of registration for the activity.
Registers
(3) Despite any law of a State:
(a) a local registration authority in the State for an occupation that covers an activity is not required to include a person’s name on a register (however described) if the person has automatic deemed registration to carry on the activity; but
(b) the local registration authority may include on the register the person’s name, and any other information authorised or required to be on the register.
If the person’s name is not included on the register, the person’s name (and other information) is taken, for the purposes of a law of the State, to be included on the register.
42M Disciplinary action in relation to automatic deemed registration
Impact of disciplinary action in relation to automatic deemed registration
(1) If a person’s automatic deemed registration in a State:
(a) is cancelled or suspended on disciplinary grounds; or
(b) ends as a result of or in anticipation of criminal, civil or disciplinary proceedings;
then any substantive or interim deemed registration the person has in another State for an occupation that covers the activity is affected in the same way.
Note 1: Cancellation or suspension on disciplinary grounds and other prohibitions on carrying on an occupation, or activities covered by an occupation, can prevent a person from having, or continuing to have, automatic deemed registration (see paragraphs 42D(4)(a) to (d)).
Note 2: A person who has automatic deemed registration to carry on an activity in the second State is subject to any disciplinary provisions and arrangements that are applicable to persons who are otherwise registered for the occupation in that State (see subsections 42E(2) and 42H(1) and (2)).
Note 3: This also means that a decision of a local registration authority in a State in relation to a person’s automatic deemed registration is generally reviewable in accordance with the Acts of that State.
(2) However, the local registration authority of the other State may reinstate any cancelled or suspended substantive or interim deemed registration if it thinks it appropriate in the circumstances.
Note: Application may be made to the Tribunal for review of a decision under this subsection (see subsection 34(1)).
Determination by Minister
(3) For the purposes of taking action in relation to automatic deemed registration, a Minister of a State may, with the consent of a Minister of another State, determine officers or authorities (however described) of the other State that are taken to be officers or authorities for the purposes of a law of the first‑mentioned State.
(4) For the purposes of obtaining the consent of the other State, a person authorised by the Minister of the first‑mentioned State may provide information to a person authorised by a Minister of the other State. The information may be given despite any requirements relating to secrecy, privacy or confidentiality.
(5) A person that receives information under subsection (4) is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the person’s State.
42N Notifying other local registration authorities of suspension or cancellation
(1) This section applies if a local registration authority (the second State authority) in the second State suspends or cancels a person’s automatic deemed registration to carry on an activity.
Providing information of suspension or cancellation
(2) The second State authority must, without delay, notify all other local registration authorities for occupations that cover the activity in all other States of the following:
(a) the person’s name and address;
(b) information identifying the person’s automatic deemed registration;
(c) the fact that disciplinary action was taken to suspend or cancel the automatic deemed registration (unless the cancellation was done at the request of the person as mentioned in paragraph 42G(2)(a));
(d) whether the suspension or cancellation would be subject to an appeal;
(e) information relating to the reason for taking the action;
(f) if the registration is suspended—the period of the suspension;
(g) any information requested by another local registration authority to:
(i) determine whether a person’s registration for an occupation should be reinstated; or
(ii) ensure completeness of its registers.
(3) The other local registration authorities must notify the second State authority of any other information reasonably required in relation to the suspension or cancellation.
Registers and publication
(4) The second State authority must:
(a) record the suspension or cancellation in any register in which the second State authority records other suspensions or cancellations of registrations; and
(b) publish notice of the suspension or cancellation in accordance with any law that requires the local registration authority to publish suspensions or cancellations of registrations.
(5) Any other local registration authority may also:
(a) update its registers accordingly; and
(b) publish information about the suspension or cancellation in accordance with any law that requires the other local registration authority to publish suspensions or cancellations of registrations.
Application of this section
(6) Information may be provided under this section despite any requirements relating to secrecy, privacy or confidentiality.
(7) Nothing in this section affects any obligation or power to provide information apart from this section.
Receiving information
(8) A local registration authority that receives information under this section:
(a) is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and
(b) may use the information for the purposes of the person’s registration (whether under this Act or otherwise) in the State.
42P Notifying other local registration authorities of other disciplinary action
(1) This section applies if:
(a) a local registration authority (the second State authority) in the second State is aware of disciplinary action (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) that is being taken in relation to a person’s automatic deemed registration to carry on an activity; and
(b) the person has been informed of the action.
Providing information of disciplinary action
(2) The second State authority must, without delay, notify all other local registration authorities for occupations that cover the activity in all other States of the following:
(a) the person’s name and address;
(b) information identifying the person’s automatic deemed registration;
(c) the fact that disciplinary action (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) is being taken in relation to the automatic deemed registration;
(d) whether suspension or cancellation of the automatic deemed registration would be subject to an appeal;
(e) information relating to the reason for taking or considering the action.
Application of this section
(3) Information may be provided under this section despite any requirements relating to secrecy, privacy or confidentiality.
(4) Nothing in this section affects any obligation or power to provide information apart from this section.
Receiving information
(5) A local registration authority that receives information under this section:
(a) is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and
(b) may use the information for the purposes of the person’s registration (whether under this Act or otherwise) in the State.
42Q Formalities requiring personal attendance
Neither automatic deemed registration, nor entitlement to automatic deemed registration, requires compliance with any statutory or other formalities (whether before or after the automatic deemed registration begins) requiring personal attendance in the second State for the purposes of becoming registered.
42R Effect of automatic deemed registration on obligations in other States
Unless the contrary intention appears, if a law of the second State imposes an obligation on a person who has automatic deemed registration to carry on an activity in that State, the person is not required to comply with the obligation in relation to any other State.
Note: For example, the law of the second State requires a registered person to keep a record of workers who are employed by the person. The obligation does not apply in relation to workers who are employed by the person to work solely outside the second State.
Division 3—General provisions
42S Exempting registrations because of significant risk to consumer protection etc.
(1) A Minister of a State (the declaration State) may declare, by legislative instrument, that:
(a) a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration; or
(b) a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration on the basis of a specified registration in one or more other specified States;
if the Minister is satisfied that the declaration is necessary because of a significant risk, arising from circumstances or conditions in the declaration State, to:
(c) consumer protection; or
(d) the environment; or
(e) animal welfare; or
(f) the health or safety of workers or the public.
Note: The declaration is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act).
(2) The declaration must include a statement explaining the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public.
(3) The declaration has effect only in relation to the declaration State.
(4) The local registration authority in the declaration State for the occupation concerned is to give effect to the declaration.
(5) Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a declaration under subsection (1) of this section.
(6) That Act applies, in relation to a declaration under subsection (1), as if the reference to tenth anniversary in subsection 50(1) of that Act were a reference to fifth anniversary.
Note: The effect of subsection (6) is that the declaration sunsets under the Legislation Act 2003 after 5 years (instead of 10 years).
Declaration not to give preference
(7) A declaration under subsection (1) is invalid to the extent that it gives preference (within the meaning of section 99 of the Commonwealth Constitution) to one State or part of a State over another State or part of a State.
42T Exempting registrations temporarily
(1) A Minister of a State (the declaration State) may declare, before the end of 6 months after this section commences, by legislative instrument, that:
(a) a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration; or
(b) a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration on the basis of a specified registration in one or more other specified States.
Note: The declaration is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act).
(3) Declarations under this section have effect only in relation to the declaration State.
(4) The local registration authority in the declaration State for the occupation concerned is to give effect to the declarations.
(5) Unless revoked earlier a declaration under subsection (1) is repealed at the end of 12 months after this section commences.
Declaration not to give preference
(6) A declaration under subsection (1) is invalid to the extent that it gives preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.
42U Person providing information about home State to local registration authority
A local registration authority in a State for an occupation that covers an activity may require a person who has automatic deemed registration to carry on the activity in the State to provide evidence of one or more of the following:
(a) the person’s current place of residence;
(b) the person’s principal place of residence;
(c) the person’s current place of work;
(d) the person’s principal place of work.
42V Local registration authorities providing and receiving information
(1) This section applies if the local registration authority (the second State authority) of the second State requires information from a local registration authority in another State in connection with a person’s automatic deemed registration.
(2) The local registration authority of the other State must give, as soon as reasonably practicable, any information reasonably required about the person, including the following information:
(a) the person’s name and address;
(b) information identifying the person’s home State registration;
(c) information relating to any civil, criminal or disciplinary action taken against the person;
(d) information relating to conditions on the person’s home State registration;
(e) information relating to actual or possible disciplinary action against the person.
When this section applies
(3) The obligation imposed in accordance with this section does not apply unless the second State authority notifies the local registration authority of the other State that the information is required in connection with:
(a) the person’s automatic deemed registration in the second State; or
(b) actual or possible disciplinary action against the person.
(4) The local registration authority of the other State may give the information despite any requirements relating to secrecy, privacy or confidentiality.
(5) Nothing in this section affects any obligation or power to provide information apart from this section.
Use of information
(6) Information given under subsection (2):
(a) is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were given from within the second State; and
(b) may be used by the second State authority in connection with:
(i) the person’s registration in the second State (including actual or possible disciplinary action against the person); or
(ii) a notice lodged by the person in accordance with section 19 seeking registration in the second State.
42W General responsibilities of local registration authorities
Facilitating operation of this Part
(1) It is the duty of each local registration authority in a State to facilitate the operation of this Part in relation to the occupations covering activities for which the authority is responsible.
Guidelines and information
(2) It is the duty of each local registration authority in a State to prepare and make available guidelines and information regarding the operation of this Part in relation to the occupations covering activities for which the authority is responsible.
(3) Without limiting subsection (2), it is the duty of each local registration authority in a State to make publicly available information about how personal information may be used by the authority for the purposes of this Part.
(4) The guidelines and information under subsection (2) or (3) are to be available within 6 months of the commencement day for the State.
42X Saving
Nothing in this Part prevents a person from seeking registration or being registered to carry on an activity under a law apart from this Part.
Part 4—General
43 This Act does not confer judicial power on State local registration authorities or tribunals etc.
(1) This Act has no effect to the extent (if any) to which it purports to confer judicial power on a local registration authority, or a tribunal or other body of a State (other than a Court of the State).
(2) In this section:
judicial power means the judicial power of the Commonwealth referred to in section 71 of the Constitution.
44 Application of mutual recognition principle
(1) The mutual recognition principle and the provisions of this Act may be taken into consideration in proceedings of any kind and for any purpose.
(2) Nothing in this Act prevents a person from relying on the mutual recognition principle in relation to more than 2 States.
Note: The mutual recognition principle applies in relation to goods (see section 8), occupations that are equivalent (see section 16) and activities covered by occupations (see section 42A).
45 Machinery provisions regarding limitations etc.
(1) If Part 3 provides that conditions or undertakings that apply or are relevant to registration in the first State also apply or are relevant to registration in the second State, they are to be construed with any necessary adaptations, including the following (where appropriate and so far as practicable):
(a) references to the first State are to be read as references to the second State;
(b) references to officers or authorities of the first State are to be read as references to the corresponding officers or authorities of the second State.
(2) If Part 3A provides that conditions or undertakings that apply or are relevant to registration in the home State also apply or are relevant to automatic deemed registration in the second State, they are to be construed with any necessary adaptations, including the following (where appropriate and so far as practicable):
(a) references to the home State are to be read as references to the second State;
(b) references to officers or authorities of the home State are to be read as references to the corresponding officers or authorities of the second State.
46 Determining place of production
(1) For the purpose of determining where goods are produced for the purposes of this Act, goods are taken to be produced in the State where the most recent step has occurred in the process of producing the goods (including, for example, processing, harvesting or packaging the goods).
(2) Subsection (1) applies even though:
(a) the process of production may be incomplete; or
(b) some steps in the process have not yet been carried out; or
(c) some steps in the process were carried out elsewhere, whether in another State or outside Australia; or
(d) the goods or any components of the goods were imported.
46A Application of amendments made by the Mutual Recognition Amendment Act 2021
(1) The amendments of section 19 made by Schedule 1 to the Mutual Recognition Amendment Act 2021 apply in relation to any notice given to a local registration authority in a State under that section after the commencement day for the State.
(2) Part 3A of this Act, as inserted by Schedule 1 to the Mutual Recognition Amendment Act 2021, applies in relation to the carrying on of an activity in the State after the commencement day for the State.
(3) Section 43 of this Act, as inserted by Schedule 1 to the Mutual Recognition Amendment Act 2021, applies in relation to any conferral of power on a local registration authority, or a tribunal or other body of a State (whether before or after the commencement day for the State).
47 Amendment of Schedules
(1) The Governor‑General may make regulations amending the Schedules.
(2) No such regulation may be made unless the designated person for each of the then participating jurisdictions has published a notice in the official gazette of the jurisdiction setting out the terms of the proposed regulation and requesting that it be made.
(3) For the purposes of this section, the designated person for a State is the Governor, for the Australian Capital Territory is the Chief Minister and for the Northern Territory is the Administrator.
