Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021 (Cth)

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021

made under section 42J(4) of the Mutual Recognition Act 1992.

Compilation No. 1  

Compilation date: 1 July 2022         

Includes amendments up to: Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Amendment Determination 2022 [F2022L00847]

About this compilation

This compilation

This is a compilation of the Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021 that shows the text of the law as amended and in force on 1 July 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021

1 Name

This instrument is the Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 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
Clause 6	1 January 2022	1 January 2022
Clause 7	1 July 2022	1 July 2022

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under subsection 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.

4  Simplified outline of this instrument

The purpose of this instrument is to require a person to notify a local registration authority before the person begins to rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity in Victoria.

Unless revoked earlier, this instrument will sunset under section 50 of the

Legislation Act 2003 of the Commonwealth (see subsection 42J(5) of the Mutual Recognition Act 1992 of the Commonwealth). This will generally mean that this instrument will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of the registration of the instrument on the Federal Register of Legislation.

5  Definitions

 In this instrument:

Act means the Mutual Recognition Act 1992 of the Commonwealth.

6  Notification requirement

For the purposes of subsection 42J(4) of the Act, notification is required for the following registrations in Victoria:

(a) an architect registered under section 11 of the Architects Act 1991;

(b)   a person who is a building practitioner registered under Part 11 of the Building Act 1993, other than a building practitioner referred to in clause 7(a);

(c)    a person who is a registered plumber under Part 12A of the Building Act 1993, other than a plumber referred to in clause 7(c);

(d) a person registered as a licensed surveyor under Division 1 of Part 2 of the Surveying Act 2004. 

7  Notification requirement

For the purposes of subsection 42J(4) of the Act, notification is required for the following registrations in Victoria:

(a)    a person who is a building practitioner registered under Part 11 of the Building Act 1993 in a class of building surveyor or building inspector;

(b)   a person who is a licensed plumber under Part 12A of the Building Act 1993;

(c)    a person who is a registered plumber under Part 12A of the Building Act 1993.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	orig = original
am = amended	par = paragraph(s)/subparagraph(s)
amdt = amendment	/sub‑subparagraph(s)
c = clause(s)	pres = present
C[x] = Compilation No. x	prev = previous
Ch = Chapter(s)	(prev…) = previously
def = definition(s)	Pt = Part(s)
Dict = Dictionary	r = regulation(s)/rule(s)
disallowed = disallowed by Parliament	reloc = relocated
Div = Division(s)	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
o = order(s)	commenced or to be commenced
Ord = Ordinance

Endnote 3—Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021	22 December 2021 [F2021L01877]	c 6: 1 January 2022 (c 2(1)) c 7: 1 July 2022 (c 2(1)) Remainder: 23 December 2021
Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Amendment Determination 2022	27 June 2022 [F2022L00847]	Sch 1 (c 1): 1 July 2022 (c 2(1)) Sch 1 (c 2): 1 July 2023 (c 2(1))

Endnote 4—Amendment history

Provision affected

How affected

Clause 2

Clause 6

Clause 7

rep LA s 48D

rs F2022L00847

rs F2022L00847