EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Casino Employee) Declaration 2022
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Casino Employee) 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 registrations for casino employees from another State or Territory from operating in the Territory under AMR until 1 July 2023 because of a significant risk to public safety. The Declaration commences on 1 July 2022.
Consultation
The Australian Capital Territory consulted with the ACT Gambling and Racing Commission which registers individuals under the Casino Control Act 2006.
Additional consultation was also undertaken with Casino Canberra.
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—Casino Employee) 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) (Exemptions—Casino Employee) 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 casino employee occupations, or for activities covered by casino employee occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of one year because of the significant risk to public safety.
Section 5 – Definitions
This section provides, for the purposes of this Declaration, self-explanatory definitions of the following terms:
- Act is defined in this section as meaning the Mutual Recognition Act 1992 of the Commonwealth;
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 in the Australian Capital Territory because of the significant risk to public safety.
Section 7 – Significant risk statement
This section explains the specific significant risks arising from circumstances to public safety 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) (Exemptions—Casino Employee) Declaration 2022 was enacted to address the significant risk to public safety posed by the operation of casino employees from other states or territories in the Australian Capital Territory under the automatic mutual recognition scheme. This Declaration, which commenced on 1 July 2022, was made under section 42S of the Mutual Recognition Act 1992 by the Chief Minister of the Australian Capital Territory, Andrew Barr. The policy objective of the Declaration is to exempt casino employee registrations from another state or territory from automatic deemed registration in the Australian Capital Territory until 1 July 2023. This measure was deemed necessary following consultation with the ACT Gambling and Racing Commission and Casino Canberra, which highlighted the potential risks to public safety.
The Declaration was made in response to concerns identified by subject matter experts and is designed to ensure that casino employees from other jurisdictions are not permitted to operate in the Australian Capital Territory under automatic mutual recognition until the identified risks to public safety are adequately managed. The consultation process was considered appropriate and practical for the purposes of making the Declaration. The Declaration does not contravene the provisions of the Human Rights Act 2004 (ACT).
Scope and Application
The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Casino Employee) Declaration 2022 applies to the Australian Capital Territory and pertains to the exemption of registrations for casino employees from other states or territories from operating within the Territory under the automatic mutual recognition scheme until 1 July 2023. This exemption is enacted due to significant risks to public safety, and the declaration is made under the authority of the Mutual Recognition Act 1992 of the Commonwealth. The exemption is effective from 1 July 2022, aligning with the commencement of the automatic mutual recognition scheme in the Territory. The declaration exempts specific registrations from automatic deemed registration, meaning that casino employees from other jurisdictions cannot automatically rely on their home state registrations to operate in the Australian Capital Territory. This exemption is considered necessary until the identified risks to public safety are adequately addressed. The Chief Minister for the Australian Capital Territory, Andrew Barr, made the declaration following consultations with relevant authorities, including the ACT Gambling and Racing Commission and Casino Canberra, to ensure the exemption aligns with the requirements of the Mutual Recognition Act 1992 and does not conflict with the Human Rights Act 2004 (ACT).
Key Provisions
The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Casino Employee) Declaration 2022 (the Declaration) sets out specific provisions to exempt registrations for casino employees from interstate or inter-territory jurisdictions from operating in the Australian Capital Territory (ACT) under automatic mutual recognition (AMR) until 1 July 2023. The Declaration commences on 1 July 2022 (s 2). This exemption is due to a significant risk to public safety (s 4). The Declaration is made under section 42S of the Mutual Recognition Act 1992 (the MR Act) (s 3). It is important to note that this Declaration only pertains to the specified occupations and activities, namely casino employees, and does not affect other occupational registrations that might be subject to AMR.
The Declaration imposes specific obligations on the parties it governs. It mandates that individuals who are registered as casino employees in other states or territories are not eligible to operate in the ACT under AMR until 1 July 2023 (s 6). The Chief Minister for the ACT has made this Declaration based on the consultation with the ACT Gambling and Racing Commission and Casino Canberra, which was deemed appropriate and practical for the purposes of making the Declaration (s 7). Additionally, the Declaration ensures that the exemption does not contravene the provisions of the Human Rights Act 2004 (ACT) (s 8).
Breaches of the provisions outlined in the Declaration can lead to civil and criminal consequences. Although the Declaration itself does not explicitly state the penalties for non-compliance, the underlying MR Act and related legislation may provide for such consequences. Typically, under the MR Act, failure to comply with the provisions of the Act could result in fines or imprisonment. However, the specifics of the penalties, such as the maximum fines or duration of imprisonment, would need to be referred to in the MR Act or other relevant legislation. It is essential for individuals and entities affected by this Declaration to adhere to its provisions to avoid potential legal repercussions.