Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker) Determination 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00483 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker) Determination 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker) 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 Special Minister of State of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority for race bookmakers —the ACT Gambling and Racing Commission 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 It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.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 ACT Gambling and Racing Commission who registers individuals under the Race and Sports Bookmaking 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—Race Bookmaker) 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—Race Bookmaker) 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 authorised to be carried on under a race bookmaking licence under the Race and Sports Bookmaking Act 2001;

- The local registration authority is defined as meaning the ACT Gambling and Racing Commission established under the Gambling and Racing Control 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 a race bookmaking licence under the Race and Sports Bookmaking Act 2001 is required, must notify the ACT Gambling and Racing Commission. 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 ACT Gambling and Racing Commission.

 

 

Chris Steel

ACT Special Minister of State

 

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker) Determination 2022 is a legislative instrument made under the Mutual Recognition Act 1992, enacted by the Commonwealth to facilitate the automatic mutual recognition of occupational registrations across Australian states and territories. This Determination, introduced by the Australian Capital Territory, specifically addresses the need for interstate workers in the race bookmaking occupation to notify the local registration authority, the ACT Gambling and Racing Commission, before commencing their activities in the territory. This requirement ensures compliance with local legislative requirements, protects consumers, and enables targeted enforcement to mitigate risks. The Determination commenced on 1 July 2022 and is scheduled for repeal on the first of April or October following its tenth anniversary. The Special Minister of State consulted with the ACT Gambling and Racing Commission to ensure the appropriateness and practicality of this notification requirement, considering the government’s obligations to safeguard consumers and enforce compliance effectively.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker) Determination 2022 applies to individuals intending to carry out activities covered by race bookmaking under automatic deemed registration within the Australian Capital Territory (ACT). The Act is a subordinate instrument of the Mutual Recognition Act 1992 of the Commonwealth, which facilitates the automatic mutual recognition of occupational registrations across different states. This Determination mandates that a person must notify the local registration authority, the ACT Gambling and Racing Commission, before they commence activities as a race bookmaker in the ACT, relying on their home state registration. The Determination ensures compliance with the state's regulatory requirements and aims to protect consumers by providing necessary information and targeted enforcement mechanisms. The Determination is effective from 1 July 2022 and will be repealed on the first 1 April or 1 October after the tenth anniversary of its registration. There are no stated exclusions, exemptions, or thresholds within the Determination itself, though the mutual recognition scheme it operates under may have its own criteria for eligibility.

Key Provisions

The main sections of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker) Determination 2022 (the Determination) outline the specific requirements for individuals intending to carry out activities as a race bookmaker in the Australian Capital Territory (ACT) under the Mutual Recognition Act 1992 (MR Act). Section 6 of the Determination specifies that any person seeking to rely on Automatic Deemed Registration (ADR) for race bookmaking must notify the ACT Gambling and Racing Commission, the local registration authority, before commencing such activities. This notification is a prerequisite for the individual to legally carry out race bookmaking activities in the ACT (s 6). The commencement date for this Determination is 1 July 2022, aligning with the full operationalisation of the AMR scheme in the Territory (s 2). The Determination imposes specific obligations on individuals intending to engage in race bookmaking activities in the ACT. Primarily, it mandates that before any activity is commenced, the individual must notify the ACT Gambling and Racing Commission (s 6). This requirement is crucial as it ensures that the local regulatory body is informed of the individual’s intention to operate under ADR. The notification must include details sufficient for the Commission to assess compliance with local legislative requirements and to provide necessary guidance and information to the individual. This process is designed to protect consumers and maintain the integrity of the regulatory framework governing race bookmaking in the ACT. Failure to comply with the notification requirement stipulated in the Determination may result in legal consequences. While the Determination does not explicitly outline specific penalties, non-compliance with notification requirements under the MR Act generally can lead to legal action by the relevant registration authority. In the ACT, this could potentially involve the ACT Gambling and Racing Commission taking enforcement actions against the individual. These actions may include fines, cessation orders, or other regulatory measures deemed appropriate by the Commission to ensure compliance with local laws. The exact penalties and enforcement actions would be in accordance with the relevant provisions of the Race and Sports Bookmaking Act 2001 and other applicable legislation.

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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.