EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No. 2) 2021
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No 2) 2021 (the Declaration). The specific provisions in the Declaration are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Declaration and should not be substituted for the Declaration.
Context and purpose
Part 3A of the Mutual Recognition Act 1992 of the Commonwealth (the MRA) provides for the automatic mutual recognition of occupational registrations (AMR). AMR provides an entitlement for 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 MRA provides for the making of declarations that temporarily exclude certain registrations from ADR for a period of up to 12 months after the commencement of section 42T. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.
Summary
Through this Declaration, the Chief Minister, Australian Capital Territory has temporarily excluded a number of registrations from ADR. The Declaration commences the day after the instrument is registered. It will be repealed on 30 June 2022 unless revoked earlier.
This Declaration replaces the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 (F2021L00903) (the previous Declaration).
The previous Declaration included the following registrations which are no longer considered to be occupational registrations for the purposes of the MRA. As such, this Declaration no longer includes—
Fisheries licence under the Fisheries Act 2000; and
Breeding licence under Domestic Animals Act 2000; and
Infection control activity licence – acupuncturist operating a mobile service under the Public Health (Infection Control) Code of Practice 2005; and
Infection control activity licence – dry needle practitioner operating a mobile service under the Public Health (Infection Control) Code of Practice 2005; and
Infection control activity licence – beauty therapist operating a mobile service under the Public Health (Infection Control) Code of Practice 2005; and
Infection control activity licence – podiatrist operating a mobile service under the Public Health (Infection Control) Code of Practice 2005; and
Licence to deal with a regulated substance or regulated therapeutic good under the Medicines, Poisons and Therapeutic Goods Act 2008.
This Declaration includes registration as an assistance animal trainer under the Domestic Animals Act 2000. The previous Declaration did not include this registration.
Consultation
The Australian Capital Territory did not undertake consultation as the Chief Minister considered it impractical in the circumstances given the short timeframe within which this Declaration must be made. In preparing the Declaration, the Chief Minister had regard to expert information about the need for exemptions, such that the appropriate time could be taken during the first year of the scheme to undertake consultation.
Attachment A
Details of the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No 2) 2021
Part 1 – Preliminary
Section 1 – Name
This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No 2) 2021 (the Declaration).
Section 2 – Commencement
This section outlines the date on which the Declaration comes into effect. The Declaration comes into operation on the day after the instrument is registered.
Section 3 – Authority
This section outlines the authority through which the Declaration is made. The Declaration is made under section 42T of the Mutual Recognition Act 1992 (Commonwealth).
Section 4 – Schedules
This section provides that an instrument in the schedule to the Declaration is amended or repealed as set out in the schedule.
Section 5 – Simplified outline of the instrument
This section explains that the purpose of this instrument is to temporarily exempt specified registrations from the ADR provisions of the MRA.
Section 6 – Definitions
This section provides, for the purposes of this Declaration, self-explanatory definitions of the following terms:
- The Act is defined in this section as meaning the Mutual Recognition Act 1992 (Commonwealth).
Section 7 – Temporary Exemptions
This section is made in accordance with paragraph 42T(1)(a) of the MRA. The specific registrations in section 7 are excluded from ADR. This means that an individual cannot carry on the activities authorised under these registrations in the Australian Capital Territory without first obtaining that registration other than through ADR. An individual may obtain the registration listed from the Local Registration Authority (LRA) through Part 3 of the MRA.
Section 8 – Licensed Conveyancers
The section is made in accordance with paragraph 42T(1)(b) of the MRA. Conveyancing work is temporarily excluded from ADR on the basis of the following registrations:
a) the Conveyancers Licensing Act 2003 of New South Wales;
b) the Agents Licensing Act 1979 of the Northern Territory;
c) the Conveyancers Act 1994 of South Australia;
d) the Conveyancing Act 2004 of Tasmania;
e) the Conveyancers Act 2006 of Victoria;
f) the Settlement Agents Act 1981 of Western Australia.
Section 8 provides that where an individual holds a registration under the law of another jurisdiction for the activity of conveyancing, the individual cannot rely on ADR to carry on conveyancing activity in the ACT.
Schedule 1 – Repeals
This schedule provides for the repeal of Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 (F2021L00903).
Andrew Barr
Chief Minister, Australian Capital Territory