Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021

Overview

The Mutual Recognition Act 1992, enacted by the Commonwealth Parliament, was established to facilitate the automatic mutual recognition of occupational registrations between Australian states and territories, thereby allowing individuals to carry out regulated activities across state borders without additional registration hurdles. This legislation aimed to address inconsistencies and barriers in occupational regulation that impeded the mobility of professionals within Australia. The Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 was introduced under this Act to temporarily exclude certain occupations from automatic deemed registration, pending further assessment and consultation. This measure was intended to ensure that the implementation of automatic mutual recognition does not compromise regulatory standards or public safety. The Declaration was made by the Chief Minister of the Australian Capital Territory, effective from the commencement of the Mutual Recognition Amendment Act 2021 and set to be repealed on 30 June 2022 unless revoked earlier.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 operates under the authority of the Mutual Recognition Act 1992 (Commonwealth), specifically through section 42T, to temporarily exclude certain occupational registrations from Automatic Deemed Registration (ADR) in the Australian Capital Territory. The Declaration applies to the specific registrations listed in section 7, which include the Conveyancers Licensing Act 2003 of New South Wales, the Agents Licensing Act 1979 of the Northern Territory, the Conveyancers Act 1994 of South Australia, the Conveyancing Act 2004 of Tasmania, the Conveyancers Act 2006 of Victoria, and the Settlement Agents Act 1981 of Western Australia. These registrations pertain to conveyancing activities, which are thereby temporarily exempt from ADR in the ACT until the Declaration is repealed or revoked. The Declaration came into effect on the same day as the Mutual Recognition Amendment Act 2021 of the Commonwealth and will be in force until 30 June 2022 unless repealed earlier. The Chief Minister did not undertake consultation on the Declaration due to the short timeframe available, but had regard to expert advice on the need for such exemptions. The Declaration is a legislative instrument made under the Legislation Act 2003 of the Commonwealth and does not replace the actual text of the Declaration.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 (the Declaration) outlines the temporary exemptions from the Automatic Deemed Registration (ADR) provisions of the Mutual Recognition Act 1992 (MRA). Section 6 of the Declaration lists specific registrations that are temporarily exempt from ADR, which means that individuals cannot carry on the activities authorised under these registrations in the Australian Capital Territory without first obtaining the relevant registration through the Local Registration Authority (LRA). This exclusion is temporary and is made under section 42T(1)(a) of the MRA. Section 7 further specifies that certain conveyancing activities are temporarily exempt from ADR based on various state and territory laws, such as the Conveyancers Licensing Act 2003 of New South Wales and the Agents Licensing Act 1979 of the Northern Territory. This means that individuals holding a conveyancing registration from another jurisdiction cannot rely on ADR to carry on such activities in the ACT. These exemptions are also made under section 42T(1)(b) of the MRA. The obligations imposed by the Declaration on the relevant parties primarily involve ensuring compliance with the temporary exemptions. Individuals who hold registrations that are exempt from ADR must obtain the corresponding registration from the LRA in the Australian Capital Territory to carry on the specified activities. This includes those in conveyancing who must secure a local ACT registration instead of relying on their existing interstate registration. The Declaration also places a responsibility on the Local Registration Authority to enforce these exemptions and ensure that individuals do not operate without the necessary local registration. Additionally, it requires state and territory authorities to cooperate in providing necessary information and support for the enforcement of these exemptions. There are no specific offences or penalties outlined within the Declaration itself, as it is a temporary measure intended to provide a period of adjustment before the full implementation of ADR. However, any breach of the exemptions could potentially lead to enforcement actions under the relevant state or territory laws, or under the Mutual Recognition Act 1992, depending on the specific circumstances. Typically, failure to comply with registration requirements can result in fines or other legal consequences, as stipulated by the relevant state or territory legislation. The exact penalties would be determined by the local laws applicable to the activity in question within the Australian Capital Territory.