Mutual Recognition (Western Australia) Amendment Act 2022 (WA)
Western Australia
Western Australia
Western Australia
Mutual Recognition (Western Australia) Amendment Act 2022[
The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation.
This Part amends the
Delete the long title and insert:
(1) After section 4(1) insert:
(1A) Without limiting subsection (1), the State adopts the amendments made to the Commonwealth Act by the
Mutual Recognition Amendment Act 2021 (Commonwealth).(2) In section 4(2) delete “of the Commonwealth Act under this Act” and insert:
under subsection (1)
(3) After section 4(4) insert:
(5) The adoptions under subsections (1) and (1A) terminate in accordance with section 9.
Delete section 6 and insert:
(1) In this section —
(2) This section applies if a registration authority for an occupation in the State gives a registration for the occupation to an individual and any of the following events occur —
(a) the individual’s registration is suspended or cancelled;
(b) the registration authority refuses to renew the individual’s registration;
(c) a condition is imposed on the individual’s registration;
(d) an action is taken against the individual on disciplinary grounds in connection with —
(i) the individual’s registration; or
(ii) carrying on the occupation or an activity covered by the occupation;
(e) civil or criminal proceedings are commenced against the individual that are relevant to —
(i) the individual’s registration; or
(ii) carrying on the occupation or an activity covered by the occupation.
(3) Despite any written law relating to confidentiality, privacy or secrecy, a registration authority for the occupation in the State may give the following information to a registration authority for the occupation in another participating jurisdiction —
(a) the individual’s name, address and any other information necessary to identify the individual;
(b) information about the individual’s registration, including any conditions imposed;
(c) information about the event, including the outcome of the event.
(1) If information is given in good faith under section 6 of this Act or section 33, 37, 42M, 42N, 42P or 42V of the Commonwealth Act —
(a) no civil or criminal liability is incurred in respect of giving the information; and
(b) giving the information is not to be regarded as a breach of any duty of confidentiality, privacy or secrecy imposed by law; and
(c) giving the information is not to be regarded as a breach of professional ethics or standards or as unprofessional conduct.
(2) The State is also relieved of any liability that it might otherwise have had for another person having done anything as described in subsection (1).
(1) In this section —
(2) Subsection (3) applies if —
(a) a scheme review is carried out; and
(b) a report is prepared by the person carrying out the review; and
(c) the Minister receives the report.
(3) The Minister must cause the report to be laid before each House of Parliament as soon as practicable after the Minister receives the report.
(4) If a report to which subsection (3) applies contains sensitive, confidential or personal information, the Minister may comply with subsection (3) by removing the sensitive, confidential or personal information from the report before causing the document to be laid before each House.
(1) The Governor may by proclamation fix a day as the day on which —
(a) the adoptions under both section 4(1) and (1A) are to terminate; or
(b) the adoption under section 4(1) is to terminate; or
(c) the adoption under section 4(1A) is to terminate.
(2) However, the Governor cannot fix a day under subsection (1)(b) that is before a day fixed under subsection (1)(c).
(3) If the adoption under section 4(1A) terminates before the adoption under section 4(1), the termination of the adoption under section 4(1A) does not affect the continued operation in the State of the Commonwealth Act as adopted under section 4(1).
(1) The Governor may by proclamation (a
revoking proclamation ) revoke a proclamation made under section 9(1).(2) A revoking proclamation has effect only if published in the
Gazette before the day fixed in the proclamation made under section 9(1).(3) If a revoking proclamation has effect, the revoked proclamation is taken never to have been made.
(4) A revoking proclamation does not prevent the further making of a proclamation under section 9(1).
This Division amends the
In section 4(1) insert in alphabetical order:
(a) is in effect in respect of civil liability for anything done or omitted in carrying on the practice of architecture; and
(b) complies with the requirements prescribed by the regulations;
After section 29(a) insert:
(aa) is covered by architect insurance; and
Delete section 30 and insert:
The registration or renewal of the registration of a natural person must not be subject to conditions except to the extent that conditions may be imposed —
(a) under section 51(6); or
(b) by way of taking disciplinary action.
A registered person must not carry on the practice of architecture unless the person is covered by architect insurance.
Before section 36(2)(a)(i) insert:
(ia) is covered by architect insurance; and
In section 52(1) delete “that is recorded in the register in relation to the person or corporation.” and insert:
of the person or corporation provided to the Board.
In section 56(1):
(a) after paragraph (d) insert:
(da) that the person has been found guilty of an offence committed in the course of carrying on the practice of architecture;
(db) that the person has engaged in fraudulent conduct in connection with the practice of architecture;
(b) delete the note.
This Division amends the
In section 11E(1) delete “shall, on being required to do so by the Commission,” and insert:
must
This Division amends the
(1) Delete section 9(4) and insert:
(4) The Commissioner must issue a licence if the Commissioner —
(a) grants an application for the licence or renewal of the licence; and
(b) receives the prescribed fee for the issue or renewal of the licence.
(2) In section 9(5) delete “he” and insert:
the Commissioner
(1) In section 10(1) delete “if the complaint complies with subsection (1ab).” and insert:
or former licensee if the complaint complies with subsection (1a).
(2) In section 10(1a):
(a) in paragraph (a) delete “has to specify the licensee” and insert:
must specify the licensee or former licensee
(b) in paragraph (b) delete “has to be a ground described in subsection (1).” and insert:
must be a ground described in subsection (1b).
(3) In section 10(1b):
(a) delete “subsection (2) —” and insert:
subsection (1c) —
(b) in paragraph (a) delete “improperly obtained his” and insert:
or former licensee improperly obtained their
(c) in paragraph (b) after “licensee” insert:
or former licensee
(d) after paragraph (b) insert:
(ba) on the ground that the licensee or former licensee has engaged in fraudulent conduct in connection with carrying on business, or carrying out functions, under their licence; or
(bb) on the ground that the licensee or former licensee has been negligent or incompetent in connection with carrying on business, or carrying out functions, under their licence; or
(bc) on the ground that the licensee or former licensee has carried on business, or carried out functions, under their licence in contravention of section 20(1) or (1A); or
(4) In section 10(1d):
(a) after “licensee” insert:
or former licensee
(b) delete “is required to” and insert:
must
(5) In section 10(2) delete the passage that begins with “may order” and ends with “licence.” and insert:
may order —
(a) in the case of a licensee —
(i) that the licensee’s licence is cancelled and must be given to the Commissioner; and
(ii) if the licence is cancelled — that the licensee is disqualified from holding a licence, either permanently or for a period specified by the Tribunal in the order;
or
(b) in the case of a former licensee — that the former licensee is disqualified from holding a licence, either permanently or for a period specified by the Tribunal in the order.
(6) In section 10(4) delete “shall,” and insert:
must,
(7) In section 10(5) delete “licensee is disqualified from holding a licence he shall be deemed” and insert:
person is disqualified from holding a licence they are taken
Note: The heading to amended section 10 is to read:
Delete section 20(1) and insert:
(1) Before a licensee carries on the business or carries out the functions of a debt collector, the licensee must lodge with the Commissioner the fidelity bond or approved security referred to in subsection (2).
(1A) A licensee must not carry on the business or carry out the functions of a debt collector unless the licensee has in force the fidelity bond or approved security referred to in subsection (2).
This Division amends the
(1) Delete section 32(3)(a)(iiia).
(2) After section 32(3) insert:
(3A) Regulations made under subsection (3)(f) and (faa) may allow for penalties to be imposed on, and disciplinary proceedings or action to be taken against, a person who formerly held a licence, permit or authorisation.
This Division amends the
(1) In section 25(1):
(a) in paragraph (b) delete “Act.” and insert:
Act; or
(b) after paragraph (b) insert:
(c) has been negligent or incompetent in connection with carrying on the business of an employment agent; or
(d) has failed to ensure the proper management and supervision of a person carrying on the business of an employment agent on their behalf.
(2) In section 25(6) delete “he or it shall not, for the period of that disqualification, be eligible to apply for” and insert:
they are not eligible, for the period of that disqualification, to apply for or hold
This Division amends the
After section 96 insert:
(1) In this section —
(a) the name of the insurer;
(b) the amount of the insurance;
(c) the nature and scope of the insurance.
(2) A food safety auditor must not carry out their functions as an auditor unless the auditor holds or is covered by insurance that —
(a) is in effect in respect of the auditor’s civil liability for anything done or omitted in carrying out their functions; and
(b) complies with the requirements prescribed by the regulations.
(3) The auditor must give the CEO the auditor’s insurance information within 28 days after the auditor begins to carry out their functions as an auditor.
(4) Subsection (3) does not apply if the auditor gives the auditor’s insurance information to the CEO within the period of 2 months ending on the day on which the auditor begins to carry out their functions as an auditor.
(5) If the auditor’s insurance information changes, the auditor must give the new insurance information to the CEO within 14 days after the day on which the change takes effect.
After section 97(2)(d) insert:
(da) if the CEO is satisfied that the person has contravened section 96A(2);
At the beginning of Part 14 insert:
After section 154 insert:
(1) In this section —
(2) Section 96A(3) and (4) do not apply to a food safety auditor who began to carry out their functions as an auditor before commencement day.
(3) The CEO may request a food safety auditor to give the auditor’s insurance information to the CEO if —
(a) the auditor began to carry out their functions as an auditor before commencement day; and
(b) the auditor has not provided their insurance information to the CEO.
Division 7 – Gas Standards Act 1972 amended
This Division amends the
After section 13A(11)(c) insert:
(ca) is guilty of an offence committed in the course of carrying out the practice of gasfitting;
(cb) engaged in fraudulent conduct in connection with the practice of gasfitting;
After section 13A insert:
(1) In this section —
(2) The Director may apply to the State Administrative Tribunal for action to be taken by the Tribunal under this section against a former holder if the former holder —
(a) obtains their registration by fraud or misrepresentation; or
(b) is disqualified by an interstate authority from carrying out the practice of gasfitting; or
(c) is found guilty of an offence under this Act; or
(d) is found guilty of an offence committed in the course of carrying out the practice of gasfitting; or
(e) engages in fraudulent conduct in connection with the practice of gasfitting; or
(f) engages in misconduct by failing to safely carry out the practice of gasfitting.
(3) For the purposes of investigating a former holder, section 13A(12) to (15) apply as if the definition of
holder in section 13A(12) included the former holder.(4) If the State Administrative Tribunal, on dealing with an application under subsection (2), is satisfied that a matter referred to in that subsection has been made out, the Tribunal may by order disqualify the former holder from holding a registration —
(a) permanently; or
(b) for a period specified by the Tribunal in the order.
Division 8 – Land Valuers Licensing Act 1978 amended
This Division amends the
In section 27 after “against a” insert:
current or former
(1) In section 28(1):
(a) after “against a” insert:
current or former
(b) in paragraph (a) delete “licensed”;
(c) in paragraph (b) delete “him;” and insert:
the valuer;
(d) delete paragraph (c) and insert:
(c) if the valuer is a current licensed valuer —
(i) suspend or cancel the valuer’s licence; and
(ii) if the licence is cancelled — disqualify the valuer from holding a licence permanently, for a specified period or until they fulfil a specified condition;
(d) if the valuer is a former licensed valuer — disqualify the valuer from holding a licence permanently, for a specified period or until they fulfil a specified condition.
(2) In section 28(2):
(a) delete “shall be proper cause for disciplinary action” and insert:
is proper cause for disciplinary action against a current or former licensed valuer
(b) in paragraphs (a) and (b) delete “licensed”;
(c) in paragraph (c) delete “licensed” (1
st occurrence);(d) after paragraph (c) insert:
(ca) the valuer has been found guilty of an offence committed in the course of carrying on business under a licence; or
(cb) the valuer has engaged in fraudulent conduct in connection with carrying on business under a licence; or
(cc) the valuer has failed to ensure the proper management and supervision of an activity carried out under a licence on their behalf; or
(e) in paragraph (d) delete “licensed”.
Division 9 – Motor Vehicle Dealers Act 1973 amended
This Division amends the
In section 15(6) in the definitions of
In section 20(1):
(a) in paragraph (b)(ii) delete “authorisation.” and insert:
authorisation;
(b) after paragraph (b) insert:
or
(c) has obtained an authorisation because of incorrect or misleading information; or
(d) has been found guilty of an offence committed in the course of carrying on business under an authorisation; or
(e) has engaged in fraudulent conduct in connection with carrying on business under an authorisation; or
(f) has been negligent or incompetent in connection with carrying on business under an authorisation; or
(g) has failed to ensure the proper management and supervision of business carried on under an authorisation on the person’s behalf.
(1) In section 20B(1) delete “shall” and insert:
or another written law must
(2) In section 20B(3) in the definition of
relevant maximum fine delete “this Act,” and insert:
this Act or another written law,
This Division amends the
In the heading to Part 2 Division 3 after “
Delete section 29 and insert:
(1) The regulations may require a licensee —
(a) to hold or be covered by insurance that —
(i) is in effect in respect of anything done or omitted in carrying on business under the licensee’s business licence; and
(ii) complies with the requirements prescribed by the regulations;
and
(b) to give information in relation to the insurance to the Commissioner.
(2) Despite the
Interpretation Act 1984 section 43(7) and (8)(d), regulations made under subsection (1) must not provide for different requirements to apply in respect of different licensees or different classes of licensees.
In section 65(1):
(a) in paragraph (c) delete “certificate.” and insert:
certificate; or
(b) after paragraph (c) insert:
(d) a person who was formerly a person referred to in paragraph (a), (b) or (c).
In section 68(1):
(a) in paragraph (c) after “holder” insert:
or former holder
(b) in paragraph (c) delete “applies.” and insert:
applies; or
(c) after paragraph (c) insert:
(d) to have been found guilty of an offence committed in the course of carrying on business under a business licence or certificate; or
(e) to have engaged in fraudulent conduct in connection with carrying on business under a business licence or certificate; or
(f) to have been negligent or incompetent in connection with carrying on business under a business licence or certificate.
In section 69(2):
(a) delete “applies” and insert:
applies, other than a person who is not currently a person described in section 65(1)(a) to (c),
(b) in paragraph (a) delete “he or she” (each occurrence) and insert:
the person
This Division amends the
In section 68(1):
(a) delete “shall maintain one or more trust accounts,” and insert:
must maintain at least 1 trust account exclusively for the purposes of this Act,
(b) delete “shall,” and insert:
must,
(c) delete “him” and insert:
the agent
Note: The heading to amended section 68 is to read:
After section 105 insert:
The State Administrative Tribunal may, on application by the Commissioner, cancel a licence if the Tribunal is satisfied that the licensee —
(a) does not have sufficient material and financial resources available to enable them to comply with the requirements of this Act; or
(b) has ceased to carry on the business to which the licence relates.
This Division amends the
Delete section 34AA(3) and insert:
(3) Without limiting subsection (2), the Commissioner may impose a condition that relates to the payment of fees under this Act, or to contributions to the Account, and may vary the prescribed fees or contributions.
Delete section 35(6) and (8) and insert:
(6) If the provisions of this section apply, a licensee who is the holder of a triennial certificate must —
(a) remain insured under the Master Policy Agreement during the currency of the triennial certificate; and
(b) hold a current certificate of insurance; and
(c) produce to the Commissioner —
(i) the first certificate of insurance held by the licensee; and
(ii) if a certificate of insurance held by the licensee ceases to be of full force and effect — a replacement certificate of insurance;
and
(d) pay all premiums payable by the licensee under the Master Policy Agreement and certificate of insurance; and
(e) comply with the provisions of the Master Policy Agreement and certificate of insurance that apply to the licensee.
(7) A licensee who does not comply with an obligation under subsection (6)(b) or (c) is taken not to be the holder of a triennial certificate until the licensee complies with the obligation.
After section 85 insert:
The State Administrative Tribunal may, on application by the Commissioner, cancel a licence if the Tribunal is satisfied that the licensee —
(a) does not have sufficient material and financial resources available to enable them to comply with the requirements of this Act; or
(b) has ceased to carry on the business to which the licence relates.
This Division amends the
In section 3 insert in alphabetical order:
(a) an indictable offence against a law of this State, the Commonwealth, another State or a Territory (whether or not the offence is or may be dealt with summarily); or
(b) an offence against the law of another State or a Territory that would be an indictable offence against a law of this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State); or
(c) an offence against the law of a foreign country that would be an indictable offence against a law of the Commonwealth or this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State);
In section 47:
(a) delete paragraph (e) and insert:
(e) that a teacher has been convicted of a serious offence;
(ea) that a teacher has been convicted of a prescribed offence;
(b) in paragraph (f)(ii) delete “misconduct the nature of which renders the person unfit to be registered; or” and insert:
misconduct; or
This Division amends the
(1) In section 3 delete the definitions of:
(2) In section 3 insert in alphabetical order:
(a) a category listed in section 5(1); or
(b) the category of registration as an interstate veterinarian;
(a) accredited as a specialty under, or in the manner prescribed by, the regulations; or
(b) a specialty (however described) under a corresponding law;
(3) In section 3 in the definition of
registration delete paragraph (a) and insert:(a) in relation to a person — means registration under Part 2 as —
(i) a WA veterinarian in 1 or more categories of registration listed in section 5(1); or
(ii) an interstate veterinarian; or
(iii) a veterinary nurse;
or
(4) In section 3 in the definition of
veterinary specialist delete paragraph (b) and insert:(b) an interstate veterinarian who holds their interstate registration in a specialty;
In section 19 delete “interim registration)” and insert:
interim registration or registration as an interstate veterinarian)
Delete the heading to Part 2 Division 4 and insert:
In section 21 delete the definition of
Note: The heading to amended section 21 is to read:
Delete section 22 and insert:
(1) A person is registered as an interstate veterinarian if —
(a) the person holds interstate registration; and
(b) the participating jurisdiction in which the person holds interstate registration is —
(i) if the participating jurisdiction is a participating jurisdiction under the
Mutual Recognition Act 1992 (Commonwealth) section 5(4) but is not a pre‑adoption State under section 4(1) of that Act — the person’s home State under section 42A of that Act for the occupation of carrying out veterinary medicine; or(ii) otherwise — the participating jurisdiction in which the person has their principal place of residence or principal place of work in relation to carrying out veterinary medicine;
and
(c) the person practises veterinary medicine in this State.
(2) Subject to section 26, it is a condition of registration under subsection (1) that the person must not carry out an act of veterinary medicine in this State unless the law of the participating jurisdiction in which they hold interstate registration authorises or permits the person to carry out that act in that jurisdiction.
In section 24(1)(c) delete “section 27” and insert:
section 22(2) or 27
Delete section 26(1) and insert:
(1) The Board may, if it considers there are reasonable grounds for doing so —
(a) in relation to the condition referred to in section 22(2) —
(i) modify the condition to authorise the person to carry out an act of veterinary medicine that they would otherwise be prohibited from carrying out under the condition; or
(ii) remove the condition;
or
(b) otherwise — modify or remove another condition imposed on the registration of a person.
63. Section 54 amended
In section 54:
(a) delete paragraph (b) and insert:
(b) if the person holds interstate registration in a particular specialty — that specialty;
(b) in paragraph (c) delete “is registered (however described);” and insert:
holds interstate registration;
(1) After section 65(3)(b) insert:
(ba) in the case of an interstate veterinarian — are permitted to be used in connection with the practice of veterinary medicine by the interstate veterinarian in the participating jurisdiction in which they hold interstate registration; or
(2) After section 65(4)(b) insert:
(ba) if the person employed or engaged in the veterinary practice business is an interstate veterinarian — are permitted to be used in connection with the practice of veterinary medicine by the interstate veterinarian in the participating jurisdiction in which they hold interstate registration; or
65. Section 79 amended
In section 79(b) delete “WA”.
In section 112(b) delete “granted under Part 2 or 3”.
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