Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025 was enacted to address the specific risks associated with the handling of dangerous substances and the operations of labour hire providers in the Australian Capital Territory. This legislation was introduced under the authority of subsection 42S(1)(a) of the Mutual Recognition Act 1992 of the Commonwealth and operates to exempt certain occupational registrations from the automatic mutual recognition provisions. The primary objective of this Declaration is to safeguard the health and safety of workers and the public by preventing interstate workers from automatically relying on their home state registrations to conduct activities involving dangerous substances or labour hire in the Australian Capital Territory. The Declaration was made in consultation with relevant experts and stakeholders, including the Chief Minister, Treasury and Economic Development Directorate, and ACT regulators WorkSafe ACT and Access Canberra. The exemptions outlined in this Declaration, which come into effect on 1 July 2025, ensure that the significant risks associated with these activities are managed through stringent local licensing and regulatory requirements.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025 applies to specific occupational registrations within the Australian Capital Territory, specifically those related to the handling of dangerous substances and labour hire licensing. This Declaration is an instrument under the Mutual Recognition Act 1992 of the Commonwealth, exempting these particular registrations from the automatic mutual recognition provisions that allow occupationally registered individuals to operate across state borders under their home state’s registration. The Declaration aims to mitigate significant risks to the health and safety of workers or the public by preventing interstate workers from automatically being deemed registered in the ACT for these occupations. The exemption applies to registrations issued under the Dangerous Substances (Explosives) Regulation 2004, the Dangerous Substances (General) Regulation 2004, and the Labour Hire Licensing Act 2020. The geographic scope of the Declaration is confined to the Australian Capital Territory, with the Declaration coming into effect on 1 July 2025. The Chief Minister made the Declaration in accordance with subsection 42S(1)(a) of the MR Act, following consultations with relevant ACT authorities and subject matter experts. This instrument does not extend or restrict its application through subordinate instruments, and there are no stated exclusions, exemptions, or thresholds beyond those specified within the Declaration itself.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Dangerous Substances and Labour Hire Provider) Declaration 2025 (the Declaration) exempts certain occupational registrations from the automatic mutual recognition provisions under the Mutual Recognition Act 1992 (MR Act). Specifically, the registrations for dangerous substances and labour hire licensing, as defined in the Dangerous Substances (Explosives) Regulation 2004, the Dangerous Substances (General) Regulation 2004, and the Labour Hire Licensing Act 2020, are exempted from the operation of automatic mutual and deemed registration in the Australian Capital Territory (sections 4 and 6). This exemption is due to the significant risk to the health and safety of workers or the public, as stated in subsection 6(2). The obligations imposed by the Declaration require that individuals holding occupational registrations for dangerous substances or labour hire licensing in another jurisdiction cannot rely on automatic deemed registration in the Australian Capital Territory. This means that such individuals must obtain the necessary local registrations and licences to operate in the Australian Capital Territory. The Chief Minister of the Territory, under subsection 42S(1)(a) of the MR Act, has the authority to make this Declaration (section 3). The Declaration provides a simplified outline of its purpose, which is to exempt certain occupational registrations due to significant risks (section 4). The Declaration also sets out the definitions of the terms used within it, clarifying that unless otherwise specified, words hold their ordinary meaning (section 5). Furthermore, it explicitly states that the exclusion of the mentioned occupations and activities does not contravene the provisions of the Human Rights Act 2004 (ACT) (section 7). The Declaration is effective from 1 July 2025 or the day after notification, whichever is later (section 2). There are no specified offences, penalties, or consequences for breaching the provisions of the Declaration in the explanatory statement. However, given the nature of the exempted activities involving dangerous substances and labour hire licensing, it is reasonable to infer that non-compliance with local licensing and registration requirements could lead to significant legal and safety ramifications. These could include fines, imprisonment, or other civil and criminal penalties as prescribed by the relevant local legislation. The specific consequences would depend on the particular laws governing dangerous substances and labour hire licensing in the Australian Capital Territory.