Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 (Cth)

Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021

I, Andrew Barr, Chief Minister of the Australian Capital Territory, make the following declaration.

Dated   28 June 2021  

Andrew Barr

Chief Minister

Contents

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

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

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

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

5  Definitions................................................................................................................................ 1

6  Temporary exemptions............................................................................................................. 2

7  Temporary exemption—licensed conveyancers........................................................................ 5

1  Name

This instrument is the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021.

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	At the same time as the Mutual Recognition Amendment Act 2021 of the Commonwealth commences.

Note:          This table relates only to the provisions of this instrument as originally made.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 42T of the Mutual Recognition Act 1992 of the Commonwealth.

4  Simplified outline of this instrument

The purpose of this instrument is to temporarily exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.

This instrument has effect only in relation to the Australian Capital Territory.

Unless revoked earlier, this instrument is repealed at the end of 12 months after section 42T of the Mutual Recognition Act 1992 of the Commonwealth commences (see subsection 42T(5)).

5  Definitions

In this instrument:

Act means the Mutual Recognition Act 1992 of the Commonwealth.

6  Temporary exemptions

For section 42T(1)(a) of the Act, a registration mentioned in an item in table 6, column 1 under a law mentioned in the item, column 2 is excluded from the operation of automatic deemed registration in the Australian Capital Territory.

Table 6
Item	Column 1 Registration	Column 2 ACT law
1	Display Operator Licence	Dangerous Substances (Explosives) Regulation 2004
2	Shot-firer Licence	Dangerous Substances (Explosives) Regulation 2004
3	Manufacturing licence (explosives)	Dangerous Substances (Explosives) Regulation 2004
4	Supply licence (explosives)	Dangerous Substances (Explosives) Regulation 2004
5	Storage licence (explosives)	Dangerous Substances (Explosives) Regulation 2004
6	Import licence (explosives)	Dangerous Substances (Explosives) Regulation 2004
7	Manufacturing licence for a security sensitive substance	Dangerous Substances (General) Regulation 2004
8	Import licence for a security sensitive substance	Dangerous Substances (General) Regulation 2004
9	Carrying licence for a security sensitive substance	Dangerous Substances (General) Regulation 2004
10	Storage licence for a security sensitive substance	Dangerous Substances (General) Regulation 2004
11	Supply licence for a security sensitive substance	Dangerous Substances (General) Regulation 2004
12	User licence for a security sensitive substance	Dangerous Substances (General) Regulation 2004
13	Asbestos Assessor Licence	Work Health and Safety Regulation 2011
14	Asbestos Removal Licence	Work Health and Safety Regulation 2011
15	Labour Hire Licence	Labour Hire Licensing Act 2020
16	Registered Controlled Sports Official	Controlled Sports Act 2019
17	Registered Controlled Sports Contestant	Controlled Sports Act 2019
18	Licensed Builder	Construction Occupations (Licensing) Act 2004
19	Licensed Building Assessor	Construction Occupations (Licensing) Act 2004
20	Licensed Building Surveyor	Construction Occupations (Licensing) Act 2004
21	Licensed Drainer	Construction Occupations (Licensing) Act 2004
22	Licensed Electrician	Construction Occupations (Licensing) Act 2004
23	Licensed Gasfitter	Construction Occupations (Licensing) Act 2004
24	Licensed Gas Appliance Worker	Construction Occupations (Licensing) Act 2004
25	Licensed Plumber	Construction Occupations (Licensing) Act 2004
26	Licensed Plumbing Plan Certifier	Construction Occupations (Licensing) Act 2004
27	Licensed Works Assessor	Construction Occupations (Licensing) Act 2004
28	Fisheries licence	Fisheries Act 2000
29	Surveyor	Surveyors Act 2007
30	Accreditation to operate bus services	Road Transport (Public Passenger Services) Act 2001
31	Accreditation as a transport booking service	Road Transport (Public Passenger Services) Act 2001
32	Accreditation as a taxi service operator (including as an independent taxi service operator)	Road Transport (Public Passenger Services) Act 2001
33	Accreditation as a rideshare driver	Road Transport (Public Passenger Services) Act 2001
34	Accreditation as a hire car service operator	Road Transport (Public Passenger Services) Act 2001
35	Accreditation as a demand responsive service operator	Road Transport (Public Passenger Services) Act 2001
36	Authorisation to operate a demand responsive service	Road Transport (Public Passenger Services) Act 2001
37	Accreditation as a driving instructor (Cars)	Road Transport (Driver Licensing) Regulation 2000
38	Accreditation as a heavy vehicle driver assessor	Road Transport (Driver Licensing) Regulation 2000
39	Approved interlock installer and approved interlock service provider	Road Transport (Driver Licensing) Regulation 2000
40	Authorised examiner - Vehicle	Road Transport (Vehicle Registration) Regulation 2000
41	Approved course provider	Road Transport (Driver Licensing) Regulation 2000, section 15
42	Assistance animal assessor	Domestic Animals Act 2000
43	Breeding licence	Domestic Animals Act 2000
44	Firearms – all licences	Firearms Act 1996
45	Race bookmaker	Race and Sports Bookmaking Act 2001
46	Race bookmaker's agent	Race and Sports Bookmaking Act 2001
47	Sports bookmaker	Race and Sports Bookmaking Act 2001
48	Sports bookmaker's agent	Race and Sports Bookmaking Act 2001
49	Approved Supplier - Gaming machine	Gaming Machine Act 2004
50	Approved Technician - Gaming machine	Gaming Machine Act 2004
51	Casino employee	Casino Control Act 2006
52	Licensed Real Estate Agent	Agents Act 2003
53	Licensed Stock and Station Agent	Agents Act 2003
54	Licensed Business Agent	Agents Act 2003
55	Registered Real Estate Salesperson	Agents Act 2003
56	Registered Stock and Station Salesperson	Agents Act 2003
57	Registered Business Salesperson	Agents Act 2003
58	Licensed Employment Agent	Agents Act 2003
59	Licence to sell or copy X 18+ films	Classification (Publications, Films and Computer Games) (Enforcement) Act 1995
60	Licensed Motor Vehicle Dealer	Traders (Licensing) Act 2016
61	Licensed Motor Vehicle Repairer	Traders (Licensing) Act 2016
62	Licensed Motor Vehicle Wholesaler	Traders (Licensing) Act 2016
63	Licensed Pawnbroker	Traders (Licensing) Act 2016
64	Licensed Second-hand Dealer	Traders (Licensing) Act 2016
65	Trainer Licence (security)	Security Industry Act 2003
66	Master Licence (security)	Security Industry Act 2003
67	Employee Licence (security)	Security Industry Act 2003
68	Temporary Licence (security)	Security Industry Act 2003
69	Temporary visitor licence (security)	Security Industry Act 2003
70	Full registration as a teacher	ACT Teacher Quality Institute Act 2010
71	Provisional registration as a teacher	ACT Teacher Quality Institute Act 2010
72	Permit to teach	ACT Teacher Quality Institute Act 2010
73	Licence to deal with a regulated radiation source	Radiation Protection Act 2006
74	Infection control activity licence - acupuncturist operating a mobile service	Public Health (Infection Control) Code of Practice 2005
75	Infection control activity licence - dry needle practitioner operating a mobile service	Public Health (Infection Control) Code of Practice 2005
76	Infection control activity licence - beauty therapist operating a mobile service	Public Health (Infection Control) Code of Practice 2005
77	Infection control activity licence - podiatrist operating a mobile service	Public Health (Infection Control) Code of Practice 2005
78	Licence to deal with a regulated substance or regulated therapeutic good	Medicines, Poisons and Therapeutic Goods Act 2008

7  Temporary exemption—licensed conveyancers

(1) For section 42T(1)(b) of the Act, the registration as an Australian legal practitioner in the ACT, to the extent that it authorises the carrying on of conveyancing work, is excluded from the operation of automatic deemed registration if deemed automatic registration operates solely on the basis of a registration under any of the following laws:

a)  the Conveyancers Licensing Act 2003 of New South Wales;

b)  the Agents Licensing Act 1979 of the Northern Territory;

c)  the Conveyancers Act 1994 of South Australia;

d)  the Conveyancing Act 2004 of Tasmania;

e)  the Conveyancers Act 2006 of Victoria;

f)  the Settlement Agents Act 1981 of Western Australia.

(2)   In this section:

Australian legal practitioner has the same meaning as in the Legal Profession Act 2006 of the Australian Capital Territory.