Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L01425 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 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 Health of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority, the ACT Chief Health Officer, for a licence to deal with a regulated radiation source 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 the day after the instrument is registered. It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.

This Determination repeals the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination 2022.

Consultation

For the purposes of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination 2022 the Australian Capital Territory consulted with the ACT Radiation Council (the Council) which was responsible for licensing individuals under the Radiation Protection Act 2006 of the Australian Capital Territory at the time the determination was made. 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.

This Determination, being the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 2022 is a consequential necessity of the commencement of the Radiation Protection Amendment Act 2022 of the Australian Capital Territory (the Amendment Act) on the 10 September 2022 which, for the purposes of the MR Act, changed the local registration authority from the Council to the Chief Health Officer. Stakeholder and public consultation were undertaken on the development of the Amendment Act and the provisions changing those functions previously the responsibility of the Council, including the change of the local registration authority, to the Chief Health Officer.

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—Radiation) Determination (No. 2) 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—Radiation) Determination (No. 2) 2022 (the Determination).

Section 2 – Commencement

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

The Determination comes into operation on the day after it is registered on the Federal Register of Legislation.

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 – Schedules

This section explains the function of the Schedule of the instrument.

The Determination instrument has one Schedule (Schedule 1 - Repeals) which has the function of repealing the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination 2022 in its entirety.

Section 5 – 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 6 – 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 out under a licence to deal with regulated radiation sources as set out under Division 3.2 of the Radiation Protection Act 2006 of the Australian Capital Territory ;

- The local registration authority means the Chief Health Officer appointed under the Public Health Act 1997 of the Australian Capital Territory.

Section 7 – 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 licence and/or registration under the Radiation Protection Act 2006 of the Australian Capital Authority is required, must notify the ACT Chief Health Officer. 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 Health Protection Service on behalf of the Chief Health Officer.

Part 2 – Schedules

Schedule 1 – Repeals

This Schedule repeals the whole of the instrument titled ‘Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination 2022’ with the Federal Register of Legislation identification of F2022L00325.

 

Rachel Stephen-Smith MLA

ACT Minister for Health

 

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 2022 (the Determination) is a legislative instrument under the Mutual Recognition Act 1992 of the Commonwealth (the MR Act) that addresses the need for individuals to notify the local registration authority before carrying out activities covered by an occupation in the Australian Capital Territory, specifically in the area of radiation. Enacted by the Minister for Health of the Australian Capital Territory, the Determination is a consequential amendment to the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination 2022, necessitated by the commencement of the Radiation Protection Amendment Act 2022 of the Australian Capital Territory. The primary policy objective of the Determination is to ensure that individuals intending to engage in activities requiring a licence to deal with a regulated radiation source are aware of and comply with the local legislative requirements in the Australian Capital Territory. The Determination specifies that a person must notify the ACT Chief Health Officer before they begin to carry on an activity covered by an occupation in reliance of Automatic Deemed Registration, ensuring that the appropriate local registration authority is informed and can enforce compliance with local regulations. The Determination also provides for the repeal of the previous notification requirement determination, reflecting the updated responsibilities of the Chief Health Officer under the amended legislation. The Minister for Health, Rachel Stephen-Smith MLA, is satisfied that the consultation undertaken with relevant stakeholders, including the ACT Radiation Council, is appropriate and practical for the purposes of making this Determination. This ensures that the requirements align with the government's obligations to protect consumers and facilitate targeted compliance and enforcement activities to minimise risks associated with radiation activities in the Australian Capital Territory.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 2022 is a legislative instrument made under the Mutual Recognition Act 1992 of the Commonwealth, which applies to individuals intending to carry out activities covered by an occupation that requires a licence to deal with regulated radiation sources in the Australian Capital Territory. The Determination mandates that these individuals must notify the local registration authority, the ACT Chief Health Officer, prior to commencing the activity under Automatic Deemed Registration. This requirement ensures that the local registration authority is informed of the individual's intention to work in the specified occupation, thereby facilitating targeted compliance and enforcement activities to mitigate risks. The Determination has a national jurisdictional reach as it pertains to interstate workers seeking to operate in the Australian Capital Territory. The Determination, which commences on the day after its registration, will be repealed on the first 1 April or 1 October after the tenth anniversary of its registration. The instrument also repeals the previous Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination 2022. The consultation for this Determination involved the ACT Radiation Council, now superseded by the Chief Health Officer under the Radiation Protection Amendment Act 2022, ensuring that the requirements align with the current legislative framework and responsibilities. The instrument does not specify any exclusions, exemptions, or thresholds, and its application is not extended or restricted through subordinate instruments.

Key Provisions

The main operative sections of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Radiation) Determination (No. 2) 2022 (the Determination) are contained in Schedule 1, which repeals the previous determination, and in section 7, which outlines the notification requirement for individuals intending to carry out activities under a licence to deal with regulated radiation sources in the Australian Capital Territory. Section 7 specifies that a person must notify the local registration authority, the ACT Chief Health Officer, before beginning to carry on such activities under Automatic Deemed Registration (ADR). This requirement ensures that individuals are aware of and comply with the local regulatory requirements before commencing their activities in the territory. Section 1 defines the name of the Determination, while Section 2 states that it comes into operation on the day after it is registered on the Federal Register of Legislation. Section 3 provides the authority under which the Determination is made, citing section 42J(4) of the Mutual Recognition Act 1992 (MR Act). Section 6 offers definitions for terms used in the Determination, such as the Act, covered activity, and local registration authority. The Determination imposes specific obligations on individuals who intend to carry on activities in the Australian Capital Territory under the Mutual Recognition Act 1992. Firstly, they must notify the ACT Chief Health Officer before beginning their activities under ADR. This notification requirement is designed to ensure that individuals are aware of and comply with the local regulatory requirements, which is essential for maintaining safety and compliance standards. Secondly, the Determination mandates that individuals cannot commence their activities in the territory without fulfilling this notification requirement. This ensures that there is a formal process in place for individuals to demonstrate their understanding and compliance with local regulations. The notification must be submitted to the Health Protection Service on behalf of the Chief Health Officer, streamlining the process and ensuring that the Chief Health Officer has all necessary information. The Determination includes provisions for potential breaches and associated penalties, although the specific penalties are not detailed within the Determination itself. Under the Mutual Recognition Act 1992, any person who fails to comply with the notification requirement may face civil or criminal penalties. The penalties can include fines and, in severe cases, imprisonment. The exact penalties would be determined based on the specific circumstances of the breach and any relevant legislation. Additionally, failure to comply with the notification requirement could lead to the individual not being granted ADR, effectively preventing them from legally carrying out the activity in the Australian Capital Territory. This underscores the importance of adhering to the notification requirements to avoid any legal repercussions.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Commencement Provisions
Regulatory Standards
Notification Requirement

Interactions

Authorises

All Versions

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.