Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement— Domestic Animals) Determination 2022

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Domestic Animals) Determination 2022 is a legislative instrument made under the Mutual Recognition Act 1992 by the Minister for Transport and City Services of the Australian Capital Territory. The primary purpose of this Determination is to address the need for a notification requirement for individuals intending to carry on activities covered by occupational registrations in the Australian Capital Territory (ACT) through Automatic Deemed Registration (ADR). This was introduced to ensure that individuals carrying out activities in reliance of ADR, such as assistance animal trainers and assessors, notify the local registration authority, which is the Registrar of Domestic Animal Services, before commencing their activities. The Determination aims to protect consumers and facilitate targeted compliance and enforcement activities to mitigate risks associated with interstate workers in the ACT. The Determination, which commenced on 1 July 2022, mandates that individuals must notify the Registrar of Domestic Animal Services before relying on ADR to carry out activities covered by the Domestic Animals Act 2000. This requirement is intended to provide essential information to interstate workers about the ACT’s regulatory requirements and to enable the local authority to carry out appropriate compliance and enforcement actions. The Minister for Transport and City Services has consulted with the Registrar of Domestic Animal Services and is satisfied that the consultation process was appropriate and practical. The Determination will be repealed on or before 1 April or 1 October falling on or after the tenth anniversary of its registration.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Domestic Animals) Determination 2022 applies to individuals who intend to carry out activities covered by an occupational registration in the Australian Capital Territory (ACT) under the Mutual Recognition Act 1992 (MR Act) of the Commonwealth. Specifically, it targets those intending to engage in activities such as assistance animal training and assessment, which are regulated under the Domestic Animals Act 2000 in the ACT. This Determination mandates that such individuals must notify the local registration authority, namely the Registrar of Domestic Animal Services, prior to commencing their activities under automatic deemed registration (ADR). The Determination applies to the Commonwealth jurisdiction of the ACT and is operational as of 1 July 2022. The requirement for notification is aimed at ensuring compliance with local regulations and protecting consumer interests by providing the necessary oversight and information to interstate workers. The Determination does not include any specific exclusions, exemptions, or thresholds but operates under the broader framework of the MR Act, which may extend or restrict its application through subordinate instruments.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Domestic Animals) Determination 2022 (the Determination) is a legislative instrument made under the Mutual Recognition Act 1992 (the MR Act) of the Commonwealth, which requires a person to notify the local registration authority for assistance animal trainers and assessors before beginning to carry out an activity covered by their occupation in the Australian Capital Territory under the automatic deemed registration (ADR) scheme. This Determination is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Domestic Animals) Determination 2022 (the Determination) (Section 1). It comes into operation on 1 July 2022, aligning with the full operationalisation of the AMR scheme in the Territory (Section 2). The Determination is made under section 42J(4) of the MR Act (Section 3). Its purpose is to require a person to notify a local registration authority before they begin to carry on an activity covered by an occupation in reliance on automatic deemed registration under the MR Act (Section 4). The Determination will be repealed on or before 1 April or 1 October falling on or after the tenth anniversary of its registration (Section 2). The Determination imposes obligations on individuals intending to carry out activities related to assistance animals in the Australian Capital Territory. It requires these individuals to notify the Registrar of Domestic Animal Services before they begin to rely on ADR for their activities (Section 6). The Registrar of Domestic Animal Services, established under the Domestic Animals Act 2000, is the local registration authority responsible for receiving and processing these notifications. The notification must be provided before the individual begins to carry out any activity that requires registration under the Domestic Animals Act 2000. Failure to notify the local registration authority before commencing the relevant activity could result in the individual not being able to rely on ADR, thereby potentially rendering their activities unlawful in the Australian Capital Territory. The Determination does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the notification requirement. However, non-compliance could result in the individual's activities being considered unlawful under the Domestic Animals Act 2000, potentially leading to enforcement actions by the Registrar of Domestic Animal Services. While the Determination itself does not state maximum penalties, any unlawful activities carried out in reliance on ADR without proper notification could attract penalties as prescribed under the Domestic Animals Act 2000 or any other relevant legislation. The Determination focuses on ensuring that individuals are properly registered and informed about the local requirements before commencing activities in the Australian Capital Territory, thereby aiming to protect consumers and ensure compliance with local regulations.