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

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00735 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

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

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Surveyor) 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 Planning and Land Management of the Australian Capital Territory (the Minister) requires a person to notify the local registration authority for Surveyors—the Surveyor-General 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 It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.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 Office of the Surveyor-General and Land Information which supports the Surveyor-General’s function in registering individuals under the Surveyors Act 2007. 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—Surveyor) 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—Surveyor) 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 Surveyors Act 2007 authorised to be carried on under a registration under that Act;

- The local registration authority is defined as meaning the Surveyor-General established under the Surveyors Act 2007.

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 registration under the Surveyors Act 2007 is required, must notify the Surveyor-General. 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 Office of the Surveyor-General and Land Information.

 

 

Mick Gentleman

ACT Minister for Planning and Land Management

 

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Surveyor) Determination 2022 was enacted to address the need for a notification requirement for surveyors intending to carry on activities in the Australian Capital Territory under the Mutual Recognition Act 1992. This legislation was enacted by the Minister for Planning and Land Management of the Australian Capital Territory and serves to safeguard consumers and streamline compliance and enforcement activities within the territory. The policy objective of this Determination is to ensure that surveyors who intend to work in the ACT under automatic deemed registration must notify the Surveyor-General before commencing their activities. This notification requirement is designed to meet the government's obligations to protect consumers and provide targeted compliance and enforcement activities to minimise risk. The determination is made under section 42J(4) of the Mutual Recognition Act 1992 and commences on 1 July 2022, with a repeal date of the first 1 April or 1 October falling on or after the tenth anniversary of its registration. The Australian Capital Territory consulted with the Office of the Surveyor-General and Land Information, which supports the Surveyor-General’s function in registering individuals under the Surveyors Act 2007, and found this consultation to be appropriate and practical.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Surveyor) Determination 2022 applies to individuals intending to carry out activities in the Surveyor occupation within the Australian Capital Territory (ACT) under the mutual recognition scheme. Specifically, it mandates that any person who intends to conduct activities covered by a Surveyor’s registration, relying on Automatic Deemed Registration (ADR) from another jurisdiction, must notify the Surveyor-General of the ACT before commencing such activities. The Determination is made under the Mutual Recognition Act 1992 of the Commonwealth and is effective from 1 July 2022. It will remain in force until the first 1 April or 1 October after the tenth anniversary of its registration, at which point it will be repealed. The Determination applies nationally but is specifically tailored to address the occupational registration requirements in the ACT. The consultation for this Determination involved the Office of the Surveyor-General and Land Information, ensuring that the requirement for notification aligns with the ACT’s legislative obligations to safeguard consumers and facilitate targeted compliance and enforcement.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Surveyor) Determination 2022 sets out specific requirements for surveyors intending to work in the Australian Capital Territory (ACT). The primary operative section of the Determination is section 6, which mandates that surveyors intending to rely on Automatic Deemed Registration (ADR) to carry out activities authorised under the Surveyors Act 2007 in the ACT must notify the Surveyor-General before commencing such activities (section 6). This requirement ensures that surveyors who are registered in another state or territory can practice in the ACT without the need for additional registration, provided they comply with the notification process. The obligations imposed by the Determination on the surveyors are straightforward: they must notify the Surveyor-General of their intention to work in the ACT under ADR before they begin their activities. This notification must be made in accordance with the procedures set out by the Office of the Surveyor-General and Land Information. By doing so, surveyors confirm that they are aware of and intend to comply with the ACT’s legislative requirements governing their profession. This requirement facilitates the protection of consumers and ensures that surveyors are adequately informed about the local regulatory environment. Failure to comply with the notification requirement can lead to various consequences. While the Determination itself does not explicitly state the penalties for non-compliance, the broader framework of the Mutual Recognition Act 1992 (MR Act) and associated regulations may impose penalties. Generally, under the MR Act, non-compliance with notification requirements can result in civil or criminal penalties. For instance, under section 42L of the MR Act, a person who fails to comply with a notification requirement may be subject to a civil penalty. The maximum penalty for such an offence could be substantial, depending on the specific provisions of the MR Act and any related legislative instruments. It is important for surveyors to adhere to the notification requirement to avoid potential legal repercussions.

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Administrative Law
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Regulation
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Definitions & Interpretation
Notification requirement
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