Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00851 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022 (the Declaration). The specific provisions in the Declaration are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Declaration and should not be substituted for the Declaration.

Context and purpose

Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MR Act) provides for the automatic mutual recognition of occupational registrations (AMR). AMR allows an individual to carry on an activity in a second State, under the registration covering the activity in their home State through Automatic Deemed Registration (ADR).

Part 3A of the MR Act also provides for the making of a Declaration to exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registrations provisions of the MR Act. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Declaration, the Chief Minister for the Australian Capital Territory (the Chief Minister) exempts registration in the ACT as an Australian legal practitioner, to the extent that the registration covers conveyancing work, from the operation of automatic deemed registration in the Territory until 1 July 2027 because of a significant risk to consumer protection 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; and

f)  the Settlement Agents Act 1981 of Western Australia.

The Declaration commences on 1 July 2022.

Consultation

The Australian Capital Territory consulted with the ACT Law Society.

 

This is the appropriate consultation to have undertaken regarding whether a Significant Risk Exemption Declaration for interstate workers is appropriate.

 

The Chief Minister is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Declaration. The consultation drew on the knowledge of subject matter experts.

Attachment A

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Conveyancers) Declaration 2022

Part 1 – Preliminary

Section 1 – Name

This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022 (the Declaration).

Section 2 – Commencement

This section provides the date on which the Declaration comes into operation.

The Declaration comes into operation on 1 July 2022 when the AMR scheme becomes fully operational in the Territory.

Section 3 – Authority

This section outlines the authority under which the Declaration is made. The Declaration is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.

Section 4 – Simplified outline of the instrument

This section explains that the purpose of this instrument is to exempt registrations for occupations, or for activities covered by occupation, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of five years because of a risk to consumer protection.

Section 5 – Definitions

This section provides, for the purposes of this Declaration, self-explanatory definitions of the following terms:

-          Act means the Mutual Recognition Act 1992 of the Commonwealth.

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

 

Section 6 – Exemption

This section lists the specific paragraph of the MR Act relied on to make the Declaration excluding a registration mentioned from the operation of automatic deemed registration in the Australian Capital Territory.

The Declaration is made in accordance with paragraph 42S of the MR Act. This means that an individual cannot rely on automatic deemed registration to carry on conveyancing work in the Australian Capital Territory if the individual is authorised to carry on the work under any of the registrations listed in this section. The Declaration is made because of the significant risk to consumer protection.

Section 7 – Significant risk statement

This section explains the specific significant risks arising from circumstances to consumer protection in the Territory.

Section 8 – Human Rights Act statement

This section outlines that the exclusion of occupations and activities under section 6 is not considered incompatible with the provisions under the Human Rights Act 2004 (ACT).

 

 

Andrew Barr

Chief Minister

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022 was enacted to address the issue of significant risk to consumer protection in the ACT in relation to conveyancers. This Declaration was made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth and came into effect on 1 July 2022. The Declaration was introduced to exempt the registration of Australian legal practitioners in the ACT, specifically concerning conveyancing work, from automatic deemed registration in the Territory until 1 July 2027. The policy objective behind this exemption is to safeguard consumer protection under various laws, including the Conveyancers Licensing Act 2003 of New South Wales, the Agents Licensing Act 1979 of the Northern Territory, the Conveyancers Act 1994 of South Australia, the Conveyancing Act 2004 of Tasmania, the Conveyancers Act 2006 of Victoria, and the Settlement Agents Act 1981 of Western Australia.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022, made under section 42S of the Mutual Recognition Act 1992, is an instrument that exempts certain registrations for the occupation of Australian legal practitioner, specifically to the extent that they cover conveyancing work, from the automatic deemed registration provisions in the Australian Capital Territory (ACT). This exemption applies to individuals authorised to carry on such work under specified registrations from New South Wales, the Northern Territory, South Australia, Tasmania, Victoria, and Western Australia. The exemption is in effect until 1 July 2027, due to a significant risk to consumer protection identified under the relevant state and territory laws. The Declaration, which commenced on 1 July 2022, allows the Chief Minister of the ACT to prevent these interstate conveyancers from automatically being recognised in the ACT, thereby safeguarding consumer interests. The Chief Minister's decision to issue the Declaration followed consultation with the ACT Law Society, ensuring the exemption is both appropriate and practical.

Key Provisions

The main operative sections of the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Conveyancers) Declaration 2022 (the Declaration) include the definitions of key terms, the scope of the exemption, and the reasons for the exemption (sections 1–8). Section 1 provides the title of the Declaration, while section 2 states the commencement date of 1 July 2022. Section 3 outlines the authority under which the Declaration is made, and section 4 gives a simplified outline of the instrument's purpose. Section 5 defines terms such as "Act" and "Australian legal practitioner." Section 6 lists the specific registration that is exempt from automatic deemed registration, and section 7 explains the significant risks to consumer protection that led to the exemption. Finally, section 8 states that the exemption does not conflict with the Human Rights Act 2004 (ACT). The obligations and requirements imposed by the Declaration include the exemption of certain registrations from automatic deemed registration, and the requirement to consult with the ACT Law Society. The Chief Minister for the Australian Capital Territory (the Chief Minister) exempts registration in the ACT as an Australian legal practitioner, to the extent that the registration covers conveyancing work, from automatic deemed registration until 1 July 2027 because of a significant risk to consumer protection. The Chief Minister is also required to consult with the ACT Law Society to determine whether a Significant Risk Exemption Declaration for interstate workers is appropriate. Breach of the Declaration may result in civil or criminal consequences, including fines and imprisonment. The Declaration does not specify any particular offences, penalties, or consequences for breach, but it is an instrument made under the Mutual Recognition Act 1992 of the Commonwealth, which may include provisions for enforcement and penalties. The penalties for breach of the MR Act depend on the specific provisions of the Act that are being breached, but may include fines and imprisonment. For example, section 121 of the MR Act provides for a penalty of up to 50 penalty units (currently AUD 5,500) for minor offences, and up to 500 penalty units (currently AUD 55,000) for serious offences. Imprisonment may also be imposed for serious offences. It is important to note that these penalties are for breach of the MR Act generally, and may not necessarily apply to breach of the Declaration specifically.

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Area of Law
Administrative Law
Regulatory Standards
Instrument
Declaration
Concepts
Definitions & Interpretation
Commencement Provisions
Exemptions & Exclusions
Regulatory Standards
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Automatic Mutual Recognition

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.