Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Commercial Pesticide Operators) Determination 2021

Administered by Department of Employment and Workplace Relations

Legislation au F2021L00884 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Mutual Recognition Act 1992

 

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Commercial Pesticide Operators) Determination 2021

 

This explanatory statement provides notes on the operation of the Notification Requirement- Commercial Pesticide Operators) 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 the Environment of the Australian Capital Territory (the Minister) requires a person to notify a local registration authority – the Environment Protection Authority – 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 when the Mutual Recognition Amendment Act 2021 commences. It will be repealed on or before 1 April or 1 October falling on or after the tenth anniversary of its registration.

 

Consultation

Under section 42 of the Environment Protection Act 1997 (the Act), a person requires an environmental authorisation to undertake an activity in Schedule 1, Table 1.2, Item 29 of the Environment Protection Authority (EPA) for the purposes of pest control. The Australian Capital Territory consulted with the EPA who administers the environmental authorisations. 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 relevant subject matter experts.

 

 

 

 

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Attachment A

 

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Commercial Pesticide Operators) 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 – Commercial Pesticide Operators) 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 Schedule 1, Table 1.2, Item 29 of the Environment Protection Act 1997 (ACT) that is authorised to be carried on under an environmental authorisation under that Act.;

 

-          The local registration authority is defined as meaning the Environment Protection Authority established under the Environment Protection Act 1997 (ACT).

 

 

Section 6 – Notification requirement

 

This section lists the specific paragraph of the MRA relied on to make the Determination, the activity under the 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 carry on mentioned in Schedule 1, Table 1.2, Item 29 of the Environment Protection Act 1997 (ACT) in reliance on ADR must notify the EPA. This means that an individual cannot carry on the activity authorised under the environmental authorisations in the Australian Capital Territory without first providing notification. An individual may obtain the notification requirements from the EPA.

 

 

 

 

 

 

 

 

Rebecca Vassarotti

 

Minister for the Environment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Commercial Pesticide Operators) Determination 2021 is a legislative instrument made under the Mutual Recognition Act 1992 (MRA) to address a specific gap in regulatory oversight for commercial pesticide operators entering the Australian Capital Territory (ACT). The MRA, enacted by the Commonwealth Parliament, facilitates the automatic mutual recognition of occupational registrations across states and territories, allowing individuals to carry on activities in a second jurisdiction under their home state's registration. The 2021 Determination was introduced to ensure that commercial pesticide operators, who are required to hold an environmental authorisation under the Environment Protection Act 1997 in the ACT, must notify the local registration authority—the Environment Protection Authority (EPA)—before commencing activities under automatic deemed registration. This requirement aims to meet the ACT government’s obligations to protect consumers and to provide targeted compliance and enforcement activities that minimise risk. The Minister for the Environment of the Australian Capital Territory, Rebecca Vassarotti, made this determination following appropriate consultation with the EPA, which administers the necessary environmental authorisations. The Determination is set to commence when the Mutual Recognition Amendment Act 2021 begins and will be repealed on or before 1 April or 1 October following the tenth anniversary of its registration.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Commercial Pesticide Operators) Determination 2021 applies to individuals intending to carry out activities related to commercial pesticide operations in the Australian Capital Territory (ACT). This determination requires these individuals to notify the local registration authority, the Environment Protection Authority (EPA), prior to commencing their activities under automatic deemed registration (ADR) as outlined in the Mutual Recognition Act 1992 of the Commonwealth. This requirement ensures that individuals are aware of and comply with the ACT’s legislative requirements, thereby facilitating targeted compliance and enforcement actions to protect consumers and minimise risks. The Determination operates within the jurisdiction of the ACT and is effective from the commencement of the Mutual Recognition Amendment Act 2021, with a scheduled repeal on or before 1 April or 1 October after the tenth anniversary of its registration. The Minister for the Environment of the ACT, Rebecca Vassarotti, made this determination under section 42J of the Mutual Recognition Act 1992 (Commonwealth), following consultations with the EPA, which administers the environmental authorisations required for such activities.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement – Commercial Pesticide Operators) Determination 2021, referenced in Section 4 of Attachment A, stipulates that any person who intends to conduct activities under the occupation of commercial pesticide operators in the Australian Capital Territory (ACT) must notify the local registration authority – the Environment Protection Authority (EPA) – before they begin to carry on such activities. This notification requirement is to ensure that these individuals are aware of and comply with the specific legislative requirements of the ACT, particularly those under the Environment Protection Act 1997. The notification requirement is in place to facilitate the automatic mutual recognition of occupational registrations under the Mutual Recognition Act 1992 (MRA) and ensures that the individuals are complying with all necessary local regulatory standards. The obligations imposed by this Determination on the individuals intending to carry on the specified activities in the ACT are primarily administrative. They must ensure that they notify the EPA before commencing their activities. This involves providing the necessary information as required by the EPA, which could include personal details, the nature of the activities they intend to conduct, and possibly other relevant information that the EPA deems necessary for compliance and regulatory purposes. The onus is on the individual to ensure that they are fully informed of and comply with all local laws and regulations pertinent to their occupation. In terms of consequences for non-compliance, the Determination does not explicitly state penalties within its text. However, the underlying legislation, such as the Environment Protection Act 1997, provides for potential enforcement actions which could include fines or other civil penalties. Additionally, if the non-compliance is considered to be a criminal offence under the relevant laws, the individuals could face criminal charges, which could result in more severe penalties, including imprisonment, depending on the nature and severity of the offence. It is essential for individuals to adhere to the notification requirements to avoid any potential legal repercussions.

Legal classification tags

Area of Law
Environmental Law
Instrument
Determination
Concepts
Definitions & Interpretation
Notification requirement
Compliance Obligations

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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.