EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025 (the Declaration). The information in the explanatory statement is designed to aid the understanding of 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.
This Declaration is not subject to disallowance as it meets the requirements under subsection 44(1) of the Legislation Act 2003.
Summary
Through this Declaration, the Chief Minister exempts the registration of dangerous substances and labour hire licensing, issued under the Dangerous Substances (Explosives) Regulation 2004, the Dangerous Substances (General) Regulation 2004 and the Labour Hire Licensing Act 2020 from the operation of automatic mutual and deemed registration in the Australian Capital Territory.
The Declaration commences on 1 July 2025.
Consultation
The Australian Capital Territory consulted with the Chief Minister, Treasury and Economic Development Directorate, and ACT regulators, WorkSafe ACT and Access Canberra. This is the appropriate consultation to have undertaken regarding whether a Significant Risk Exemption Declaration for interstate workers is appropriate for dangerous substances and labour hire licensing.
The 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) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025
Section 1 Name
This clause provides the name of the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025.
Section 2 Commencement
This section provides the date on which the Declaration comes into operation.
The Declaration comes into operation on 1 July 2025 or the day after notification, whichever is later.
Section 3 Authority
This clause provides the authority under which the Chief Minister of the Territory is able to make the Declaration being subsection 42S(1)(a) of the Mutual Recognition Act 1992 of the Commonwealth.
Section 4 Simplified outline of this instrument
This section explains that the purpose of this instrument is to exempt registrations for dangerous substances and labour hire licensing, or for activities covered by these occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of five years because of a significant risk to the health and safety of workers or the public.
Section 5 Definitions
This section provides meaning of words referred to within the Declaration. Words used within the Declaration are otherwise taken to hold their ordinary meaning.
Section 6 Exemption
This section outlines the exemptions for occupational licences issues under the Dangerous Substances (Explosives) Regulation 2004, the Dangerous Substances (General) Regulation 2004 and Labour Hire Licensing Act 2020. The Declaration is made in accordance with paragraph 42S of the MR Act. This means that an individual cannot rely on automatic deemed registration in the Australian Capital Territory because of the significant risk to the health and safety of workers or the public.
Subsection 6(2) provides the statement of risk which exists to consumer protection, the environment, animal welfare or the health and safety of workers or the public associated with dangerous substances and labour hire licensing.
Section 7 Human Rights
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
ACT Chief Minister