Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Firearms Dealers) Declaration 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00858 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

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

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Firearms Dealers) 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 firearms dealers from another State or Territory from operating in the Territory under AMR until 1 July 2027 because of a 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 all firearms dealers that are licensed in the ACT, as well as the ACT Firearms Registry.

 

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—Firearms Dealers) 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—Firearms Dealers) 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 firearms dealer occupations, or for activities covered by firearms dealer 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, for the purposes of this Declaration, self-explanatory definitions of the following terms:

-          Act means 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 or 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) (Exemption—Firearms Dealers) Declaration 2022 is an instrument made under section 42S of the Mutual Recognition Act 1992, which aims to address a significant risk to the health and safety of workers or the public. This Declaration was introduced to ensure that firearms dealers from other states or territories cannot operate in the Australian Capital Territory (ACT) under the automatic mutual recognition scheme until 1 July 2027. The Chief Minister for the ACT made this Declaration to provide an exemption from the automatic deemed registration provisions of the Mutual Recognition Act for the specified period. The policy objective behind this exemption is to safeguard public and worker safety due to the significant risks associated with firearms dealing, as identified through consultations with licensed firearms dealers and the ACT Firearms Registry. This measure ensures that the ACT can maintain stringent controls over firearms dealers until a safer regulatory environment is established.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Firearms Dealers) Declaration 2022 is an instrument under the Mutual Recognition Act 1992 of the Commonwealth, which aims to exempt registrations for firearms dealers from other states or territories from operating in the Australian Capital Territory (ACT) under the automatic mutual recognition (AMR) scheme until 1 July 2027. The AMR scheme allows individuals to carry on an activity in a second state under the registration covering the activity in their home state through automatic deemed registration (ADR). However, the Chief Minister for the ACT has determined that there is a significant risk to the health and safety of workers or the public if firearms dealers from other jurisdictions are allowed to operate in the ACT under AMR. The Declaration is made under section 42S of the Mutual Recognition Act 1992 and comes into operation on 1 July 2022. The exclusion of firearms dealers from the AMR scheme in the ACT is not considered incompatible with the provisions under the Human Rights Act 2004 (ACT). It should be noted that the explanatory statement is an aid to understanding the Declaration and should not be substituted for the actual provisions of the Declaration.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Exemption—Firearms Dealers) Declaration 2022 is an instrument made under section 42S of the Mutual Recognition Act 1992 (MR Act) that exempts firearms dealers from interstate or other territories from operating in the Australian Capital Territory (ACT) under the automatic mutual recognition scheme until 1 July 2027. The Declaration came into operation on 1 July 2022 (Section 2). The exemption is due to the significant risk to the health and safety of workers or the public that the Chief Minister has identified (Section 4). The Chief Minister is satisfied that the consultation with licensed firearms dealers in the ACT and the ACT Firearms Registry was appropriate and practical for making the Declaration (Explanatory statement). The Declaration imposes specific obligations and requirements on the parties it governs. Primarily, it prevents firearms dealers who are registered in another state or territory from relying on automatic deemed registration to operate in the ACT. This exemption is in place to protect the health and safety of workers and the public, as identified by the Chief Minister (Section 6). The Declaration also includes a statement that the exemption does not conflict with the provisions of the Human Rights Act 2004 (ACT) (Section 8). The Chief Minister, as the authority making the Declaration, ensures that these provisions are adhered to within the specified timeframe. The Declaration does not outline specific offences, penalties, or consequences for breach within its text. However, under the MR Act, failure to comply with the provisions of the Act could result in civil or criminal penalties as prescribed by law. The MR Act includes provisions for enforcement, and breaches could lead to actions such as fines, injunctions, or other remedies as determined by the courts. The exact penalties would depend on the nature and severity of the breach, as well as the applicable laws in the ACT.

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Occupational Health and Safety Law
Instrument
Declaration
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Commencement Provisions
Offence Provisions
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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.