Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Professional Engineers) Determination 2025

Administered by Department of Employment and Workplace Relations

Legislation au F2025L00122 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Professional Engineers) Determination 2025

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Professional Engineers) Determination 2025 (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.

The Determination is exempt from disallowance under subsection 44(1) of the Legislation Act 2003 of the Commonwealth because the enabling legislation, the Mutual Recognition Act 1992 of the Commonwealth facilitates the operation of the Automatic Mutual Recognition Scheme which is an intergovernmental scheme. Section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth authorises the instrument to be made for the purposes of the scheme. There is also a note in section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth, which states that the determination is not subject to disallowance.

Summary

Through this Determination, the Minister for Planning and Sustainable Development of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority for professional engineers, the Australian Capital Territory Professional Engineers Registrar, before the person begins to rely on ADR to carry out the activity covered by the occupation in the Australian Capital Territory. The Determination commences on 6 March 2025 when it becomes mandatory to be registered in the Australian Capital Territory to provide professional engineer services in a prescribed area of engineering. 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 Professional Engineers Registrar who registers individuals under the Professional Engineers Act 2023. This is the appropriate consultation to have undertaken regarding whether a notification requirement for interstate workers is appropriate 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—Professional Engineers) Determination 2025

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—Professional Engineers) Determination 2025 (the Determination).

Section 2 – Commencement

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

The Determination comes into operation on 6 March 2025 when the requirement to be registered under the Professional Engineers Registration Scheme commences 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 ADR 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 Professional Engineers Act 2023 authorised to be carried on under a registration under that Act.

- The local registration authority is defined as meaning the Australian Capital Territory Professional Engineers Registrar established under the Professional Engineers Act 2023.

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 ADR.

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 Professional Engineers Act 2023 is required, must notify the Australian Capital Territory Professional Engineers Registrar. 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 Australian Capital Territory Professional Engineers Registrar.

 

 

Chris Steel

ACT Minister for Planning and Sustainable Development

 

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Professional Engineers) Determination 2025, made under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth, addresses the need for individuals intending to carry on activities as professional engineers in the Australian Capital Territory (ACT) to notify the ACT's Professional Engineers Registrar before engaging in such activities under Automatic Deemed Registration (ADR). This Determination, exempt from disallowance, aims to facilitate the operation of the Automatic Mutual Recognition Scheme, an intergovernmental initiative that ensures occupational registration is recognised across states and territories. The requirement for notification is intended to ensure compliance with local legislative requirements and to protect consumers by ensuring that engineers working in the ACT are adequately informed of and compliant with local regulations. The enactment of this Determination follows consultation with the Australian Capital Territory Professional Engineers Registrar, ensuring that the notification requirement is practical and appropriate. It commences on 6 March 2025, aligning with the mandatory registration requirement for professional engineers in the ACT, and is set to be repealed after ten years. The objective is to maintain a balance between facilitating interstate professional movement and safeguarding public interest by ensuring that professional engineers in the ACT are appropriately regulated and informed about local requirements.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Professional Engineers) Determination 2025 applies to individuals who intend to carry on activities covered by the occupation of professional engineers in the Australian Capital Territory (ACT). Specifically, it mandates that these individuals notify the Australian Capital Territory Professional Engineers Registrar before they begin to carry on the activity under Automatic Deemed Registration (ADR) as provided by the Mutual Recognition Act 1992 of the Commonwealth. The Determination comes into effect on 6 March 2025, aligning with the commencement of the requirement to be registered under the Professional Engineers Registration Scheme in the ACT. It is applicable to professional engineers who seek to practice in the ACT under the mutual recognition scheme, ensuring they comply with local registration requirements before engaging in relevant activities. The Determination will be repealed on the first 1 April or 1 October following the tenth anniversary of its registration, ensuring its temporary nature aligns with the jurisdictional objectives of the ACT government.

Key Provisions

The main operative sections of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Professional Engineers) Determination 2025 (the Determination) include the notification requirement (Section 6). This section stipulates that a person intending to rely on Automatic Deemed Registration (ADR) to carry on an activity covered by an occupation must notify the Australian Capital Territory (ACT) Professional Engineers Registrar, the local registration authority, before beginning to rely on ADR (Section 6). This notification requirement is grounded in paragraph 42J(4) of the Mutual Recognition Act 1992 (the MR Act), which authorises the making of such determinations to facilitate the Automatic Mutual Recognition Scheme. The Determination imposes specific obligations on individuals who intend to carry on activities as professional engineers in the ACT under the authority of ADR. Primarily, these individuals must notify the ACT Professional Engineers Registrar before commencing any activities that require registration under the Professional Engineers Act 2023 (Section 6). This notification must include the necessary details to satisfy the local registration authority of the individual's intent and qualifications. Failure to notify the Registrar as required may result in the individual being unable to legally rely on ADR for their professional engineering activities within the ACT. In terms of consequences for non-compliance, the Determination itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach. However, the underlying legislation, namely the MR Act and the Professional Engineers Act 2023, may provide for such sanctions. Generally, failing to comply with notification requirements or engaging in activities without proper registration could potentially lead to civil penalties, enforcement actions, or other legal consequences as prescribed by the relevant Acts. The exact penalties would depend on the specific provisions of those Acts and the severity of the non-compliance.

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Administrative Law
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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.