Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Dangerous Substances) Declaration 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00892 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Dangerous Substances) Declaration 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Dangerous Substances) 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 dangerous substances occupations from another State or Territory from operating in the Territory under AMR until 1 July 2025 because of the significant risk to the health and safety of workers or the public. The Declaration commences on 1 July 2022.

Consultation

The Australian Capital Territory consulted with WorkSafe ACT who register individuals under the Dangerous Substances (Explosives) Regulation 2004 and the Dangerous Substances (General) Regulation 2004.

 

Public consultation was held through ACT Government and WorkSafe ACT websites.

 

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—Dangerous Substances) 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—Dangerous Substances) 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 dangerous substances registrations for occupations, or for dangerous substances activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth for a period of three years because of a significant risk to the health and safety of workers or the public.

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 the health and safety of workers of the public.

 

 

Section 7 – Significant risk statement

This section explains the specific significant risks arising from circumstances to the health and safety of workers or the public 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—Dangerous Substances) Declaration 2022 was introduced to address a significant risk to the health and safety of workers and the public posed by the automatic mutual recognition of occupational registrations, specifically those related to dangerous substances. Enacted under section 42S of the Mutual Recognition Act 1992 by the Chief Minister for the Australian Capital Territory, this Declaration exempts certain dangerous substances occupations from interstate and inter-territory recognition in the Australian Capital Territory until 1 July 2025. The primary objective of this legislation is to ensure that the risk to public safety remains adequately managed during the interim period. The Australian Capital Territory conducted appropriate consultations with WorkSafe ACT, who are responsible for registering individuals under the Dangerous Substances (Explosives) Regulation 2004 and the Dangerous Substances (General) Regulation 2004, and held public consultation through their respective websites. The Chief Minister determined that these consultations were sufficient and practical for the purposes of the Declaration.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Dangerous Substances) Declaration 2022 applies to occupations involving dangerous substances, preventing their automatic mutual recognition within the Australian Capital Territory until 1 July 2025. This exemption is made under section 42S of the Mutual Recognition Act 1992, which allows for exemptions due to significant risks to health and safety. The exemption is intended to protect workers and the public in the Territory from potential hazards associated with handling dangerous substances. This Declaration, which comes into operation on 1 July 2022, targets individuals who hold registrations from other States or Territories for occupations involving dangerous substances, effectively barring them from operating in the ACT under automatic mutual recognition until the specified date. The Declaration is a legislative instrument made under the Legislation Act 2003, and its scope is confined to the Australian Capital Territory, without extending to other states or territories unless otherwise specified by subordinate instruments.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Dangerous Substances) Declaration 2022 (the Declaration) is a legislative instrument made under section 42S of the Mutual Recognition Act 1992 (MR Act) to exempt certain occupations from the automatic mutual recognition scheme for a specified period. The primary purpose of this Declaration, as outlined in section 4, is to prevent individuals from another State or Territory with occupational registrations in dangerous substances from operating in the Australian Capital Territory (ACT) under Automatic Deemed Registration (ADR) until 1 July 2025. This exemption is due to the significant risk to the health and safety of workers or the public, as detailed in section 7. The Declaration imposes specific obligations and requirements on parties governed by it. Firstly, section 2 establishes the commencement date of the Declaration as 1 July 2022, aligning with the operational start of the AMR scheme in the Territory. Section 3 specifies the authority under which the Declaration is made, ensuring that it adheres to the legal framework provided by the MR Act. Section 6 identifies the specific MR Act provisions relied upon to exclude certain dangerous substances occupations from automatic deemed registration. This section ensures that the exclusion is clearly defined and legally sound. The Declaration also outlines potential consequences for breaches. Although the Declaration itself does not specify detailed penalties, breaches of the MR Act or related regulations could result in civil or criminal penalties. For instance, under the MR Act, unauthorised practice of a regulated occupation can lead to criminal charges, with potential penalties including fines and imprisonment, depending on the severity of the breach and the specific legislation involved. Additionally, WorkSafe ACT, which registers individuals under the Dangerous Substances (Explosives) Regulation 2004 and the Dangerous Substances (General) Regulation 2004, could impose penalties for non-compliance with the regulations. These penalties might include fines and other sanctions aimed at ensuring compliance with occupational health and safety standards.

Legal classification tags

Area of Law
Occupational Health & Safety Law
Instrument
Declaration
Concepts
Repeal & Amendment
Significant Risk Statement
Consultation Requirements

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Authorises

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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.