Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021 (Cth)

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Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) Declaration 2021

I, the Honourable Dominic Perrottet, Treasurer, make the following declaration.

Dated: 29 June 2021  

The Honourable Dominic Perrottet MP

Treasurer

Contents

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

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

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

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

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

6  Temporary exemption............................................................................................................... 2

1  Name

This instrument is the Automatic Mutual Recognition (New South Wales) (Temporary Exemption—Various) 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Note:          This table relates only to the provisions of this instrument as originally made.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 New South Wales.

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 exemption

(1)  For the purposes of paragraph 42T(1)(a) of the Act, a registration listed in the table in subsection (2) of this section is excluded from the operation of automatic deemed registration in New South Wales.

(2)  The table is as follows:

Exemptions for the purposes of paragraph 42T(1)(a)

Item

Column 1

Registration name

Column 2

Relevant Act or Regulation (NSW)

1 Food Safety Supervisor Food Act 2003
2 Food Safety Auditor Food Act 2003
3 Mining engineering manager of underground coal mines, Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
4 Electrical engineering manager of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
5 Mechanical engineering manager of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
6 Undermanager of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
7 Ventilation auditor of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
8 Ventilation officer of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
9 Dust explosion control measures auditor of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
10 Deputy of underground coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
11 Mining engineering manager of coal mines other than underground mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
12 Open cut examiner of coal mines other than underground mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
13 Electrical engineer of coal mines other than underground mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
14 Mechanical engineer of coal mines other than underground mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
15 Mining engineering manager of underground mines other than coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
16 Underground mine supervisor of underground mines other than coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
17 Electrical engineer of underground mines other than coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
18 Quarry manager of mines other than underground mines or coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
19 Electrical engineer of mines other than underground mines or coal mines Work Health and Safety (Mines and Petroleum Sites) Regulation 2014
20 Teacher (school or early childhood) Teacher Accreditation Act 2004
21 Commercial Agents Commercial Agents and Private Inquiry Agents Act 2004
22 Security Operative (range of sub-occupations) Security Industry Act 1997
23 Security Business Operator (if individual, not corporation) Security Industry Act 1997
24 Private Investigator Commercial Agents and Private Inquiry Agents Act 2004
25 Tattooist Tattoo Parlours Act 2012
26 Tattoo Parlour Operator (if individual, not corporation) Tattoo Parlours Act 2012
27 CAPI Business Operator (if individual, not corporation) Commercial Agents and Private Inquiry Agents Act 2004
28 Pesticide User - Aerial applicator pilot licence Pesticides Act 1999
29 Pesticide User - Fumigator licence Pesticides Act 1999
30 Pesticide User - Ground applicator licence Pesticides Act 1999
31 Pesticide User - Pest management technician licence Pesticides Act 1999
32 Pesticide User - RPA applicator pilot licence Pesticides Act 1999
33 Radiation User licence Radiation Control Act 1990
34 Accredited site auditor Contaminated Land Management Act 1997
35 Radiation Security Assessor Radiation Control Act 1990
36 Consulting Radiation Expert Radiation Control Act 1990
37 Driving Instructors Driving Instructors Act 1992
38 Bus driver Passenger Transport Act 1990
39 Registered certifier (various classes) Building and Development Certifiers Act 2018
40 Casino - Special Employee Licence Casino Control Act 1992
41 Conveyancer Conveyancers Licensing Act 2003
42 Professional Engineer Design and Building Practitioners Act 2020
43 Registered Building Practitioner Design and Building Practitioners Act 2020
44 Registered Design Practitioner Design and Building Practitioners Act 2020
45 Explosives Licence- Blasting Explosives User's Licence Explosives Act 2003
46 Explosives Licence- Licence to Import Explosives Act 2003
47 Explosives Licence- Licence to Manufacture Explosives Explosives Act 2003
48 Explosives Licence- Licence to Store Explosives Act 2003
49 Explosives Licence- Licence to supply Explosives Act 2003
50 Explosives Licence- Licence to Transport Explosives Act 2003
51 Explosives Licence- Licence to use security sensitive dangerous substances (SSDS) Explosives Act 2003
52 Explosives Licence- Pyrotechnician's Licence Explosives Act 2003
53 Explosives Licence- Security Clearance Explosives Act 2003
54 Competency Card (RCG) Gaming Machines Act 2001
55 Gaming Machine Dealers Licence Gaming Machines Act 2001
56 Gaming Machine Sellers Licence Gaming Machines Act 2001
57 Gaming Machine Technician Licence Gaming Machines Act 2001
58 Gaming Machine Testing Facility Licence Gaming Machines Act 2001
59 Qualified Supervisor Certificate- Advanced LP Gasfitter Home Building Act 1989
60 Qualified Supervisor Certificate- Air Conditioning Home Building Act 1989
61 Qualified Supervisor Certificate- Bricklayer Home Building Act 1989
62 Qualified Supervisor Certificate- Builder Home Building Act 1989
63 Qualified Supervisor Certificate- Carpenter Home Building Act 1989
64 Qualified Supervisor Certificate- Decorator Home Building Act 1989
65 Qualified Supervisor Certificate- Discon/Recon Fixed Elect Equip Home Building Act 1989
66 Qualified Supervisor Certificate- Drainer Home Building Act 1989
67 Qualified Supervisor Certificate- Dry Plasterer Home Building Act 1989
68 Qualified Supervisor Certificate- Electrician Home Building Act 1989
69 Qualified Supervisor Certificate- Erection of prefabricated metal-framed home additions & structures Home Building Act 1989
70 Qualified Supervisor Certificate- Excavator Home Building Act 1989
71 Qualified Supervisor Certificate- Fencer Home Building Act 1989
72 Qualified Supervisor Certificate- Gasfitter Home Building Act 1989
73 Qualified Supervisor Certificate- General Concreter Home Building Act 1989
74 Qualified Supervisor Certificate- Glazier Home Building Act 1989
75 Qualified Supervisor Certificate- Joiner Home Building Act 1989
76 Qualified Supervisor Certificate- Kitchen Bathroom Laundry Renovator Home Building Act 1989
77 Qualified Supervisor Certificate- LP Gasfitter Home Building Act 1989
78 Qualified Supervisor Certificate- Mechanical Services and Medical Gas Work Home Building Act 1989
79 Qualified Supervisor Certificate- Medical Gas Technician Work Home Building Act 1989
80 Qualified Supervisor Certificate- Medical Gasfitting Work Home Building Act 1989
81 Qualified Supervisor Certificate- Metal Fabricator Home Building Act 1989
82 Qualified Supervisor Certificate- Minor Maintenance/Cleaning Home Building Act 1989
83 Qualified Supervisor Certificate- Minor Trade Work Home Building Act 1989
84 Qualified Supervisor Certificate- Painter Home Building Act 1989
85 Qualified Supervisor Certificate- Plumber Home Building Act 1989
86 Qualified Supervisor Certificate- Refrigeration Home Building Act 1989
87 Qualified Supervisor Certificate- Roof Plumber Home Building Act 1989
88 Qualified Supervisor Certificate- Roof Slater Home Building Act 1989
89 Qualified Supervisor Certificate- Roof Tiler Home Building Act 1989
90 Qualified Supervisor Certificate- Stonemason Home Building Act 1989
91 Qualified Supervisor Certificate- Structural Landscaping Home Building Act 1989
92 Qualified Supervisor Certificate- Swimming Pool Builder Home Building Act 1989
93 Qualified Supervisor Certificate- Swimming Pool Repairs & Service Home Building Act 1989
94 Qualified Supervisor Certificate- Underpinning and Piering Home Building Act 1989
95 Qualified Supervisor Certificate- Wall & Floor Tiler Home Building Act 1989
96 Qualified Supervisor Certificate- Water Plumber Home Building Act 1989
97 Qualified Supervisor Certificate- Waterproofing Technician Home Building Act 1989
98 Qualified Supervisor Certificate- Wet Plasterer Home Building Act 1989
99 Tradesperson Certificate- Air Conditioning, Home Building Act 1989
100 Tradesperson Certificate- Discon/Recon Fixed Elect Equip Home Building Act 1989
101 Tradesperson Certificate- Drainer Home Building Act 1989
102 Tradesperson Certificate- Gasfitter Home Building Act 1989
103 Tradesperson Certificate- LP Gasfitter Home Building Act 1989
104 Tradesperson Certificate- Mechanical Services and Medical Gas Work Home Building Act 1989
105 Tradesperson Certificate- Medical Gas Technician Work Home Building Act 1989
106 Tradesperson Certificate- Medical Gasfitting Work Home Building Act 1989
107 Tradesperson Certificate- Plumber Home Building Act 1989
108 Tradesperson Certificate- Refrigeration Home Building Act 1989
109 Tradesperson Certificate- Roof Plumber Home Building Act 1989
110 Tradesperson Certificate- Water Plumber Home Building Act 1989
111 Tradesperson Certificate- Water Plumber - fire protection systems Home Building Act 1989
112 Tradesperson Certificate- Water Plumber - fire sprinkler systems Home Building Act 1989
113 Tradesperson Certificate- Water Plumber - urban irrigation Home Building Act 1989
114 Contractor Licence- Advanced LP Gasfitter Home Building Act 1989
115 Contractor Licence- Air Conditioning Home Building Act 1989
116 Contractor Licence- Bricklayer Home Building Act 1989
117 Contractor Licence- Builder Home Building Act 1989
118 Contractor Licence- Carpenter Home Building Act 1989
119 Contractor Licence- Decorator Home Building Act 1989
120 Contractor Licence- Discon/Recon Fixed Elect Equip Home Building Act 1989
121 Contractor Licence- Drainer Home Building Act 1989
122 Contractor Licence- Dry Plasterer Home Building Act 1989
123 Contractor Licence- Electrician Home Building Act 1989
124 Contractor Licence- Erection of Pre-fabricated metal-framed home additions & structures Home Building Act 1989
125 Contractor Licence- Excavator Home Building Act 1989
126 Contractor Licence- Fencer Home Building Act 1989
127 Contractor Licence- Gasfitter Home Building Act 1989
128 Contractor Licence- General Concreter Home Building Act 1989
129 Contractor Licence- Glazier Home Building Act 1989
130 Contractor Licence- Joiner Home Building Act 1989
131 Contractor Licence- Kitchen Bathroom Laundry Renovator Home Building Act 1989
132 Contractor Licence- LP Gasfitter Home Building Act 1989
133 Contractor Licence- Mechanical Services and Medical Gas Work Home Building Act 1989
134 Contractor Licence- Medical Gas Technician Work Home Building Act 1989
135 Contractor Licence- Medical Gasfitting Work Home Building Act 1989
136 Contractor Licence- Metal Fabricator Home Building Act 1989
137 Contractor Licence- Minor Maintenance/Cleaning Home Building Act 1989
138 Contractor Licence- Minor Trade Work Home Building Act 1989
139 Contractor Licence- Painter Home Building Act 1989
140 Contractor Licence- Plumber Home Building Act 1989
141 Contractor Licence- Refrigeration Home Building Act 1989
142 Contractor Licence- Roof Plumber Home Building Act 1989
143 Contractor Licence- Roof Slater Home Building Act 1989
144 Contractor Licence- Roof Tiler Home Building Act 1989
145 Contractor Licence- Stonemason Home Building Act 1989
146 Contractor Licence- Structural Landscaping Home Building Act 1989
147 Contractor Licence- Swimming Pool Builder Home Building Act 1989
148 Contractor Licence- Swimming Pool Repairs & Service Home Building Act 1989
149 Contractor Licence- Underpinning and Piering Home Building Act 1989
150 Contractor Licence- Wall & Floor Tiler Home Building Act 1989
151 Contractor Licence- Water Plumber Home Building Act 1989
152 Contractor Licence- Water Plumber - fire protection systems Home Building Act 1989
153 Contractor Licence- Water Plumber - fire sprinkler systems Home Building Act 1989
154 Contractor Licence- Water Plumber - urban irrigation Home Building Act 1989
155 Contractor Licence- Waterproofing Technician Home Building Act 1989
156 Contractor Licence- Wet Plasterer Home Building Act 1989
157 Trainer (RSA/RCG/LT/ALT) Liquor Act 2007
158 Motor Dealer Motor Dealers and Repairers Act 2013
159 Motor Vehicle Recycler Motor Dealers and Repairers Act 2013
160 Wholesale Dealer Motor Dealers and Repairers Act 2013
161 Motor Vehicle Repairer Motor Dealers and Repairers Act 2013
162 Pawnbroker Pawnbrokers and Second-hand Dealers Act 1996
163 Second-hand Dealer Pawnbrokers and Second-hand Dealers Act 1996
164 Property  Certificate- Assistant Agent Property and Stock Agents Act 2002
165 Property - Individual- Auctioneer Accreditation - Real Estate and Stock and Station  Class 1 or 2 Property and Stock Agents Act 2002
166 Property - Individual- Auctioneer as a Real Estate Agent  Class 1 or 2 Property and Stock Agents Act 2002
167 Property - Individual- Auctioneer as a Stock & Station Agent  Class 1 or 2 Property and Stock Agents Act 2002
168 Property - Individual- Business Agent Property and Stock Agents Act 2002
169 Property - Individual- Onsite Residential Property Manager  Class 1 or 2 Property and Stock Agents Act 2002
170 Property - Individual- Real Estate Agent  Class 1 or 2 Property and Stock Agents Act 2002
171 Property - Individual- Real Estate Agent Restricted to Buyers Agent  Class 1 or 2 Property and Stock Agents Act 2002
172 Property - Individual- Stock & Station Agent  Class 1 or 2 Property and Stock Agents Act 2002
173 Property - Individual- Strata Management Agent  Class 1 or 2 Property and Stock Agents Act 2002
174 Registered Land Surveyor- Surveyor - Land (NSW) Surveying and Spatial Information Act 2002
175 Registered Land Surveyor- Surveyor - Land (NSW/ACT) Surveying and Spatial Information Act 2002
176 Registered Mining Surveyor- Surveyor - Mining (open cut) Surveying and Spatial Information Act 2002
177 Registered Mining Surveyor- Surveyor - Mining (unrestricted) Surveying and Spatial Information Act 2002
178 Registered Mining Surveyor- Surveyor - Mining (underground metalliferous) Surveying and Spatial Information Act 2002
179 Registered Mining Surveyor- Surveyor - Mining (underground coal) Surveying and Spatial Information Act 2002
180 Driver Certificate- Tow Truck Driver Certificate Tow Truck Industry Act 1998
181 Tow Truck Operators Licence Tow Truck Industry Act 1998
182 High Risk Work Assessor Work Health and Safety Act 2011
183 Asbestos Licence- Friable asbestos removal (Class A ) Work Health and Safety Act 2011
184 Asbestos Licence- Non-friable asbestos removal Class B) Work Health and Safety Act 2011
185 Demolition Licence- Demolition licence DE1 Work Health and Safety Act 2011
186 Demolition Licence- Restricted demolition licence DE2 Work Health and Safety Act 2011
187 Explosives Licence- Pyrotechnician's Licence Work Health and Safety Act 2011
188 Racing industry participants- Racing industry participants Greyhound Racing Act 2017
189 Bookmakers Greyhound Racing Act 2017
190 Racing industry participants Harness Racing Act 2009
191 Bookmakers Harness Racing Act 2009
192 Racing industry participants Thoroughbred Racing Act 1996
193 Bookmakers Thoroughbred Racing Act 1996
194 Contractor Licence- Medical Gasfitting work Home Building Act 1989
195 Contractor Licence- Medical Gas technician Home Building Act 1989
196 Contractor Licence- Mechanical Services and Medical gas work Home Building Act 1989
197 High Risk Work Licence- Advanced Rigging Work Health and Safety Act 2011
198 High Risk Work Licence- Basic Rigging Work Health and Safety Act 2011
199 High Risk Work Licence- Dogging Work Health and Safety Act 2011
200 Combatant registration classes Combat Sports Act 2013
201 Industry participant registration classes Combat Sports Act 2013
202 Promotor registration classes Combat Sports Act 2013
203 Architect Architects Act 2003
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