Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00812 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022 (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 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 determination that requires a person who intends to carry on an activity covered by an occupation 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 Sport and Recreation of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority for Controlled Sports Official and Controlled Sports Contestant—the Controlled Sports Registrar in Access Canberra before the person begins to rely on automatic deemed registration to carry out the activity covered by the occupation in the Australian Capital Territory. The Determination commences on 1 July 2022. It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.

Consultation

The Australian Capital Territory consulted with the Controlled Sports Registrar in Access Canberra who registers individuals under the Controlled Sports Act 2019. 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.

 


Attachment A

Details of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022

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—Controlled Sports Official and Controlled Sports Contestant) Determination 2022 (the Determination).

Section 2 – Commencement

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

The Determination 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 Determination is made. The Determination is made under section 42J(4) 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 require a person to notify a local registration authority before the person begins to carry on an activity covered by an occupation in reliance on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth. 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 of the Commonwealth;

- A covered activity is defined as meaning an activity mentioned in the Controlled Sports Act 2019 authorised to be carried on under a registration under that Controlled Sports Act 2019;

- The local registration authority is defined as meaning the Controlled Sports Registrar established under the Controlled Sports Act 2019.

Section 6 – Notification requirement

This section lists the specific paragraph of the MR Act 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 MR Act. A person intending to rely on ADR to carry on an activity for which a registration under the Controlled Sports Act 2019 is required, must notify the Controlled Sports Registrar in Access Canberra. 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 Access Canberra.

 

 

Yvette Berry

ACT Minister for Sport and Recreation

 

Overview

The Mutual Recognition Act 1992, enacted by the Commonwealth Parliament, provides for the automatic mutual recognition of occupational registrations across Australian states and territories, thereby facilitating the movement of professionals between jurisdictions. One such determination under this Act is the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022, which aims to address the need for interstate workers in controlled sports to notify the local registration authority before commencing their activities in the Australian Capital Territory. This requirement ensures that the local authority is informed of the interstate workers' intentions, thereby allowing for targeted compliance and enforcement activities that safeguard consumer interests. The Determination was made by Yvette Berry, the ACT Minister for Sport and Recreation, and is intended to meet the government's obligations to protect consumers while enabling regulated individuals to carry out their professions seamlessly across state lines. The determination requires that any person intending to carry on an activity as a Controlled Sports Official or Contestant in the ACT under the Mutual Recognition Act must notify the Controlled Sports Registrar in Access Canberra before beginning such activities. This notification requirement is designed to provide necessary information to the interstate workers about the ACT's legislative requirements and to ensure that the government can effectively monitor and enforce compliance with local laws.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022 applies to individuals intending to carry on the activities of Controlled Sports Officials and Controlled Sports Contestants in the Australian Capital Territory under the Mutual Recognition Act 1992. This legislation mandates that these individuals must notify the Controlled Sports Registrar in Access Canberra before they begin such activities, ensuring compliance with the local registration requirements. The Determination is geographically confined to the Australian Capital Territory, applying to individuals who wish to engage in the specified activities there. This measure was implemented to ensure that the individuals meet the local legislative requirements and to provide the Controlled Sports Registrar with essential information for targeted compliance and enforcement activities. The Determination comes into operation on 1 July 2022, aligning with the commencement of the Automatic Mutual Recognition scheme in the Territory, and will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration. The Minister for Sport and Recreation of the Australian Capital Territory made this Determination under section 42J(4) of the Mutual Recognition Act 1992, ensuring that the requirements for interstate workers are appropriate and practical for the purposes of making the Determination.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Controlled Sports Official and Controlled Sports Contestant) Determination 2022 (the Determination) outlines a specific requirement under the Mutual Recognition Act 1992 (MR Act) for individuals intending to carry out activities related to controlled sports officials and contestants in the Australian Capital Territory (ACT). Specifically, section 6 of the Determination mandates that individuals must notify the local registration authority, the Controlled Sports Registrar in Access Canberra, before they commence activities under automatic deemed registration (ADR) as provided for in the MR Act. This notification is crucial to ensure compliance with local legislative requirements and to facilitate targeted compliance and enforcement activities to protect consumers. Under the Determination, the obligations imposed on individuals intending to conduct activities in the ACT as controlled sports officials or contestants include providing a formal notification to the Controlled Sports Registrar in Access Canberra. This notification must occur prior to the individual beginning any activity that falls under the Controlled Sports Act 2019, thereby ensuring that they are aware of and comply with local regulations. The Determination is made under section 42J(4) of the MR Act, and its primary purpose is to enforce a mechanism for ensuring that interstate workers are adequately informed about and comply with the ACT’s legislative requirements before they engage in the specified activities. The Determination also outlines the consequences of non-compliance with the notification requirement. Section 7 of the Determination specifies that failure to notify the local registration authority before commencing activities covered by ADR may result in legal consequences. While the Determination does not explicitly state the specific penalties for non-compliance, it is understood that such failure could lead to civil or criminal penalties under the Controlled Sports Act 2019 or other relevant legislation. The severity of these penalties would depend on the nature and extent of the non-compliance, but they may include fines, imprisonment, or both. It is important for individuals to adhere to the notification requirement to avoid these potential consequences.

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Administrative Law
Instrument
Determination
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Definitions & Interpretation
Notification requirement
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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.