Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement— Public Passenger Services) Determination 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00381 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Public Passenger Services) Determination 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Public Passenger Services) 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 Transport and City Services of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority for accredited or authorised bus service operators, transport booking service providers, taxi service operators, rideshare drivers, hire car service operators, and demand responsive service operators, which is the Australian Capital Territory Road Transport Authority, 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 It will be repealed on or before 1 April or 1 October falling on or after the tenth anniversary of its registration.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 Australian Capital Territory Road Transport Authority which registers individuals under the Road Transport (Public Passenger Services) Act 2001. 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—Public Passenger Services) 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—Public Passenger Services) 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 Road Transport (Public Passenger Services) Act 2001 authorised to be carried on under an authorisation or accreditation under that Act;

- The local registration authority is defined as meaning the Australian Capital Territory Road Transport Authority established under the Road Transport (General) Act 1999.


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 an authorisation or accreditation under the Road Transport (Public Passenger Services) Act 2001 is required, must notify the Australian Capital Territory Road Transport Authority. 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 Road Transport Authority.

 

 

Chris Steel

ACT Minister for Transport and City Services

 

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Public Passenger Services) Determination 2022 was introduced under the authority of the Mutual Recognition Act 1992 by the Minister for Transport and City Services of the Australian Capital Territory. This Determination aims to address the need for a notification requirement for individuals intending to carry on certain public passenger services activities in the Australian Capital Territory under automatic deemed registration. The objective is to ensure that these individuals are aware of and comply with the local legislative requirements, thereby protecting consumers and facilitating targeted compliance and enforcement activities. The Determination came into effect on 1 July 2022 and will be repealed no later than 1 April or 1 October following the tenth anniversary of its registration. The Australian Capital Territory undertook consultation with the Australian Capital Territory Road Transport Authority, which is the relevant registration authority under the Road Transport (Public Passenger Services) Act 2001. This consultation was deemed appropriate and practical to ensure the Determination met the government's obligations. The Authority identified the need for a notification requirement to manage the risks associated with interstate workers operating under automatic deemed registration. The Determination requires individuals to notify the Australian Capital Territory Road Transport Authority before commencing activities covered by an occupation such as bus service operation, taxi services, and rideshare driving, ensuring compliance with local regulations.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Public Passenger Services) Determination 2022 applies to individuals intending to carry out activities related to public passenger services in the Australian Capital Territory under the automatic mutual recognition scheme provided for by the Mutual Recognition Act 1992 of the Commonwealth. This includes activities such as operating as bus service operators, transport booking service providers, taxi service operators, rideshare drivers, hire car service operators, and demand responsive service operators. The Determination mandates that such individuals must notify the local registration authority, specifically the Australian Capital Territory Road Transport Authority, before commencing these activities. The notification requirement is intended to ensure compliance with local regulations and to safeguard consumers, while also providing relevant information to interstate workers about the legislative requirements in the Australian Capital Territory. The Determination has a jurisdictional reach limited to the Australian Capital Territory and commenced on 1 July 2022, with a planned repeal date no later than 1 April or 1 October following the tenth anniversary of its registration. The Determination does not explicitly exclude any categories of persons or entities, but its application is confined to those activities requiring accreditation or authorisation under the Road Transport (Public Passenger Services) Act 2001. The Minister for Transport and City Services of the Australian Capital Territory made this Determination under section 42J(4) of the Mutual Recognition Act 1992, and it is supported by appropriate consultation with the Australian Capital Territory Road Transport Authority.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Public Passenger Services) Determination 2022 (the Determination) is a legislative instrument that imposes notification requirements on certain individuals intending to carry out specified activities in the Australian Capital Territory (ACT). Under Section 6 of the Determination, a person who intends to carry on activities such as operating a bus service, a transport booking service, a taxi service, a rideshare, a hire car service, or a demand responsive service in the ACT must notify the Australian Capital Territory Road Transport Authority (the local registration authority) before relying on automatic deemed registration (ADR). This notification requirement is necessary to ensure compliance with the Mutual Recognition Act 1992 (MR Act) and to protect consumers within the ACT. The obligations under the Determination are straightforward but crucial. Section 6 clearly specifies that the notification must be provided to the Australian Capital Territory Road Transport Authority before the individual begins to carry out the activity in question. This requirement ensures that the local authority has the necessary information to monitor and regulate these activities effectively. Furthermore, the notification must include details that enable the local authority to assess the suitability and compliance of the individual with local laws and standards, thus safeguarding the public interest. Breaching the notification requirements stipulated in the Determination can lead to significant consequences. Although the Determination itself does not explicitly state the penalties for non-compliance, it is governed by the broader framework of the MR Act and the Road Transport (Public Passenger Services) Act 2001. Under these Acts, failure to notify the local registration authority as required can result in civil or criminal penalties. For instance, operating without the necessary authorisation or accreditation can lead to fines and other sanctions, and in severe cases, criminal charges. The exact penalties would be determined based on the specific violations and the jurisdictional laws applicable at the time of the offence.

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Area of Law
Administrative Law
Instrument
Regulation
Concepts
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.