Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Architect) Determination 2021

Administered by Department of Employment and Workplace Relations

Legislation au F2021L00883 In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Mutual Recognition Act 1992

 

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Architect) Determination 2021

 

This explanatory statement provides notes on the operation of the Notification Requirement- Architect) Determination 2021 (the Determination). The specific provisions in the Determination are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Determination and should not be substituted for the Determination.

 

Context and purpose

Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MRA) provides for the automatic mutual recognition of occupational registrations (AMR). AMR will provide an entitlement for 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 MRA provides for the making of a determination that requires a person who intends to carry on an activity in reliance of ADR to notify the local registration authority for the occupation before the person begins to carry on the activity. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

 

Summary

Through this Determination, the Minister for Sustainable Building and Construction of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority for registered architects– the Australian Capital Territory Architects Board (the Architects Board) before the person begins to rely on automatic deemed registration to carry out the activity under the occupation in the Australian Capital Territory. The Determination commences at the same time as the Mutual Recognition Amendment Act 2021 of the Commonwealth commences. It will be repealed on or before 1 April or 1 October falling on or after the tenth anniversary of its registration.

 

Consultation

The Australian Capital Territory consulted with the Architects Board who registers individuals under the Architects Act 2004 (ACT). This is the appropriate consultation to have undertaken regarding whether a notification requirement for interstate workers is appropriate in order to meet the government’s obligations to protect consumers and to provide targeted compliance and enforcement activities to minimise risk. Requiring notification of intention to work is also a mechanism that can be utilised to provide appropriate information to those interstate workers about the ACT’s legislative requirements.

 

The Minister is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Determination. The consultation drew on the knowledge of subject matter experts.

 

 

 

 

 

 

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Attachment A

 

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Architect) Determination 2021

 

Part 1 – Preliminary

 

Section 1 – Name

 

This section provides that this Determination is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Architect) Determination 2021(the Determination).

 

Section 2 – Commencement

 

This section provides the date on which the Determination comes into operation.

 

The Determination comes into operation on the day the Mutual Recognition Amendment Act 2021 commences.

 

Section 3 – Authority

 

This section outlines the authority through which the Determination is made. The Determination is made under section 42J of the Mutual Recognition Act 1992 (Commonwealth).

 

Section 4 – Simplified outline of the instrument

 

This section explains that the purpose of this instrument is to require a person to notify a local registration authority before the person begins to rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity in the Australian Capital Territory. This section outlines the application of the notification and the period of the Determination.

 

Section 5 – Definitions

 

This section provides, for the purposes of this Determination, self-explanatory definitions of the following terms:

 

-            The Act is defined in this section as meaning the Mutual Recognition Act 1992;

-            A covered activity is defined as meaning an activity mentioned in the Architects Act 2004 (ACT) authorised to be carried on under a registration under that Act;

-            The local registration authority is defined as meaning the Australian Capital Territory Architects Board established under the Architects Act 2004 (ACT).

Section 6 – Notification requirement

 

This section lists the specific paragraph of the MRA relied on to make the Determination, the registration for an activity covered by an occupation where a person must notify a local registration authority before the person begins to rely on automatic deemed registration.

 

The Determination is made in accordance with paragraph 42J(4) of the MRA. A person intending to rely on ADR to carry on an activity for which registration under the Architects Act 2004 (ACT) is required, must notify the Architects Board. This means that an individual

cannot rely on ADR in carrying on the activity authorised under this registration in the Australian Capital Territory without first providing the notification. An individual may obtain the notification requirements from the Architects Board.

 

 

 

 

Rebecca Vassarotti

 

ACT Minister for Sustainable Building and Construction

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Architect) Determination 2021 was enacted by the Australian Capital Territory to address a gap in the automatic mutual recognition of occupational registrations under the Mutual Recognition Act 1992. This Determination was made under the authority of the Minister for Sustainable Building and Construction, in line with section 42J of the Mutual Recognition Act 1992. The primary objective of this Determination is to ensure that individuals intending to carry on activities as registered architects in the Australian Capital Territory under automatic deemed registration must first notify the local registration authority, which in this case is the Australian Capital Territory Architects Board, before commencing such activities. This measure is aimed at safeguarding consumer protection and facilitating targeted compliance and enforcement actions to mitigate risks associated with interstate workers. The Determination came into effect simultaneously with the commencement of the Mutual Recognition Amendment Act 2021 and will be repealed before the tenth anniversary of its registration.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Architect) Determination 2021 applies to any individual intending to carry on the occupation of an architect in the Australian Capital Territory under the Automatic Deemed Registration (ADR) provisions of the Mutual Recognition Act 1992 (Commonwealth). This Determination is specifically targeted at architects who hold a registration in another state or territory of Australia and who seek to practice in the Australian Capital Territory. The Determination mandates that such individuals must notify the Australian Capital Territory Architects Board before they commence any activity under their registration in the Territory. The geographic scope of the Determination is confined to the Australian Capital Territory, and it operates in conjunction with the Mutual Recognition Act 1992, which is a Commonwealth Act. There are no explicit exclusions or exemptions mentioned within the Determination itself, although it does operate in tandem with other legislative instruments and Acts, which may provide additional layers of regulation or exceptions. The Determination is intended to ensure that architects practising in the Australian Capital Territory under ADR are aware of and comply with local legislative requirements, thereby protecting consumers and facilitating targeted compliance and enforcement activities.

Key Provisions

The main operative sections of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Architect) Determination 2021 (the Determination) require a person intending to carry out architectural activities in the Australian Capital Territory to notify the local registration authority, the Australian Capital Territory Architects Board (the Architects Board), before beginning those activities. This is stipulated in Section 6 of the Determination, which references paragraph 42J(4) of the Mutual Recognition Act 1992 (the MRA). This notification requirement ensures that the person does not rely on Automatic Deemed Registration (ADR) to carry out the activity without first complying with this notification mandate. This requirement ensures that the Architects Board is informed of the individual's intention to practice in the territory, allowing for appropriate oversight and compliance checks. The Determination imposes specific obligations on individuals intending to practise architecture in the Australian Capital Territory. Primarily, Section 6 mandates that these individuals must notify the Architects Board before commencing any activities under automatic deemed registration. This notification must be provided prior to engaging in any architectural work, and failure to do so means that the individual cannot legally rely on ADR for their practice in the territory. This requirement is designed to ensure that the Architects Board can adequately monitor and regulate the practice of architecture within its jurisdiction, thereby protecting public interest and ensuring professional standards are maintained. The Determination includes provisions for civil and criminal consequences in case of non-compliance. Although the specific penalties are not detailed in the Determination itself, breaches of the notification requirement could potentially lead to legal actions under the relevant state or territory laws. Non-compliance with the notification requirement may result in actions such as fines, injunctions, or even criminal charges depending on the severity and intent of the breach. The Architects Board, as the local registration authority, would have the authority to enforce these penalties, ensuring that the notification requirement is adhered to for the protection of consumers and the integrity of the architectural profession in the Australian Capital Territory.

Legal classification tags

Area of Law
Occupational Regulation
Instrument
Determination
Concepts
Definitions & Interpretation
Notification Requirement
Commencement 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.