Mutual Recognition Act 1992
No. 198, 1992
Compilation No. 10
Compilation date: 1 May 2025
Includes amendments: F2024L00016
About this compilation
This compilation
This is a compilation of the Mutual Recognition Act 1992 that shows the text of the law as amended and in force on 1 May 2025 (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 Register (www.legislation.gov.au). 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 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.
Editorial changes
For more information about any editorial changes made in this compilation, see 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 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Principal purpose
3A Simplified outline of this Act
4 Interpretation
5 Application of this Act to States
6 Operation of this Act
7 Crown bound
Part 2—Goods
8 Mutual recognition—goods
9 Entitlement to sell goods
10 Requirements that do not need to be complied with
11 Requirements that do need to be complied with
12 Defences to offences regarding sale
13 Goods that comply with local law
14 Permanent exemptions
15 Temporary exemptions
Part 3—Occupations
Division 1—Preliminary
16 Mutual recognition—equivalent occupations
17 Entitlement to carry on equivalent occupation
18 Application of this Part
Division 2—Entitlement to registration for equivalent occupations
19 Notification to local registration authority
20 Entitlement to registration and continued registration
21 Action following notice
22 Postponement of registration
23 Refusal of registration
24 Notification of decision
Division 3—Interim arrangements
25 Interim deemed registration
26 Duration of interim deemed registration
27 Activities under interim deemed registration
Division 4—Equivalent occupations
28 Equivalent occupations
29 General principles
30 Declarations as to equivalent occupations
31 Declarations by Tribunal
32 Declarations by Ministers
Division 5—General provisions
33 Disciplinary action
34 Review of decisions
35 Costs
36 Residence or domicile
37 Furnishing information
38 Receiving information
39 General responsibilities of local registration authorities
40 Fees
41 Formalities requiring personal attendance
42 Saving
Overview
The Mutual Recognition Act 1992 (Cth) was enacted by the Commonwealth Parliament to provide for the recognition of regulatory standards adopted in one Australian State or Territory for goods and occupations in other States and Territories. The Act promotes the goal of freedom of movement of goods and service providers in the national market in Australia. It allows goods produced or imported into one State to be sold in another State without needing to comply with certain requirements, such as standards and presentation, unless these requirements are necessary for health, safety, or environmental protection. The Act also allows individuals registered for an occupation in one State to be registered for, and carry on, an equivalent occupation in another State, subject to certain exceptions. The Act applies to States and Territories that have adopted it, and it includes provisions for interim registration and automatic deemed registration for certain activities. The Mutual Recognition Act 1992 aims to facilitate the free movement of goods and professionals across State and Territory borders, reducing barriers to trade and professional practice.
Scope and Application
The Mutual Recognition Act 1992 applies to participating jurisdictions, which include the Australian Capital Territory, the Northern Territory, and all Australian States, provided they have referred or adopted the Act. The Act facilitates the freedom of movement of goods and service providers in a national market by enabling the recognition of regulatory standards across different jurisdictions. It primarily applies to registered occupations, their equivalents, and activities covered by these occupations. Individuals registered for an occupation in one participating jurisdiction are entitled to registration and the ability to practice their occupation in another jurisdiction, subject to certain conditions and exceptions. This includes the ability to carry on activities covered by their occupation in another state under automatic deemed registration. The Act also allows for temporary and permanent exemptions for certain goods and laws, ensuring that exemptions are not unduly prolonged. Subordinate legislation and regulations may further define and refine the application of the Act, but the core principles of mutual recognition and simplified registration processes remain central to its operation.
Key Provisions
- The Mutual Recognition Act 1992 (the Act) is designed to facilitate the freedom of movement of goods and service providers across Australia. This Act allows goods produced in or imported into one state to be sold in another without needing to comply with additional requirements, provided they meet the standards of the originating state. It also allows individuals registered for certain occupations in one state to carry on those occupations in another state, subject to specific conditions. The Act also provides for automatic deemed registration, allowing individuals to carry on certain activities covered by their occupation in another state without additional registration.
- The Act imposes several obligations on the parties it governs. For example, local registration authorities must facilitate the operation of the Act and provide guidelines and information to the public. Individuals who are registered for an occupation in one state must notify the local registration authority of the second state when seeking registration. They must also provide certain information in their notification, such as details of their registration in the first state, their current occupation, and any disciplinary proceedings against them. The Act also requires local registration authorities to provide information to other authorities as needed and to impose conditions on registration where necessary.
- The Act includes several offences and penalties for breach. For example, selling goods in a second state without complying with the requirements of the Act can result in fines or other penalties. Similarly, carrying on an occupation in a second state without proper registration can also result in penalties. The Act also provides for the suspension or cancellation of registration in certain circumstances, such as disciplinary proceedings or failure to meet public protection requirements. These actions can have significant consequences for individuals and businesses, including the inability to carry on certain occupations or sell certain goods in certain states.
- Area of Law
- Administrative Law
- Environmental Law
- Occupational Licensing
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Enforcement Powers
- Transitional Provisions
- Licensing & Registration
- Exemptions & Exclusions