Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No. 2) 2021

Administered by Department of Industry, Science and Resources

Legislation au F2021L01734 Not in force Legislative Instrument

Legislation content

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 It will be repealed on 30 June 2022 unless revoked earlier.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

 

 

 

 

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No. 2) 2021 (Declaration) was introduced under the Mutual Recognition Act 1992 (MRA) to address a temporary gap in the automatic mutual recognition (AMR) scheme for occupational registrations in the Australian Capital Territory. The Declaration was made by the Chief Minister of the Australian Capital Territory under section 42T of the MRA, and it is intended to temporarily exempt certain occupational registrations from the AMR scheme for up to 12 months. The primary purpose of the Declaration is to prevent individuals from carrying out specific activities in the Australian Capital Territory under an Automatic Deemed Registration (ADR) from their home state, unless they first obtain the necessary local registration. This instrument replaces the earlier Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021 and includes new exemptions while removing previous ones. The Declaration is effective from the day after it is registered and will be repealed on 30 June 2022 unless revoked earlier. In preparing the Declaration, the Chief Minister considered it impractical to undertake consultation due to the short timeframe, instead relying on expert information about the need for these exemptions. The specific exclusions from ADR outlined in the Declaration include various registrations such as assistance animal trainer under the Domestic Animals Act 2000, and certain conveyancing registrations from other states and territories. These exclusions aim to ensure that appropriate regulatory standards and local requirements are met during the initial phase of the AMR scheme's implementation in the Australian Capital Territory.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No. 2) 2021 applies to certain occupational registrations within the Australian Capital Territory (ACT), establishing temporary exemptions from the automatic mutual recognition of occupational registrations under the Mutual Recognition Act 1992 of the Commonwealth. Specifically, this instrument affects individuals who hold registrations in other states and territories and seek to engage in certain activities in the ACT. These activities are temporarily excluded from the scope of Automatic Deemed Registration (ADR) and require the individuals to obtain specific registrations from the Local Registration Authority within the ACT. The exemptions apply to a variety of occupational registrations, including assistance animal trainers and conveyancing activities, and are in effect for a period up to 12 months following the commencement of section 42T of the MRA. The Declaration also provides for the repeal of the previous Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration 2021, reflecting changes in the scope of the exemptions. The Declaration's application is limited to the ACT and is subject to the provisions of the MRA, with the possibility of extension or restriction through subordinate instruments.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Temporary Exemptions) Declaration (No. 2) 2021 (Declaration) outlines specific occupational registrations that are temporarily excluded from Automatic Deemed Registration (ADR) under Part 3A of the Mutual Recognition Act 1992 (MRA). Section 7 of the Declaration lists these registrations, which include various types of licences and permits such as fisheries, breeding, and infection control activities, as well as the licence to deal with regulated substances or goods. This exclusion means that individuals cannot automatically use their registrations from other jurisdictions to carry out these activities in the Australian Capital Territory without obtaining a local registration first. The Declaration aims to provide a temporary measure to allow for further assessment and consultation on these specific occupational areas. The obligations imposed by the Declaration on the relevant parties are primarily centred around ensuring that individuals who wish to undertake the activities listed in Section 7 of the Declaration obtain the appropriate local registration. Specifically, Section 8 of the Declaration makes it clear that while an individual may hold a registration from another jurisdiction, they cannot rely on ADR to operate in the ACT without obtaining the necessary local registration. This requirement ensures that the necessary standards and regulations are met for these specific activities within the Australian Capital Territory. Additionally, the Declaration requires the Chief Minister to periodically review and potentially adjust the list of exempted registrations based on ongoing consultation and expert advice. The Declaration also outlines the potential consequences for non-compliance with its provisions. Although specific offences and penalties are not detailed within the Declaration itself, breaches of the MRA or any related legislation could lead to civil or criminal penalties. For instance, operating without the required local registration could result in fines or other legal repercussions under the relevant state or territory laws. It is essential for individuals and businesses to adhere to the requirements set forth in the Declaration to avoid any legal consequences. The Declaration’s provisions are designed to ensure that occupational activities are conducted in compliance with local regulations, thereby protecting public safety and maintaining professional standards.

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Area of Law
Administrative Law
Instrument
Declaration
Concepts
Definitions & Interpretation
Temporary Exemptions
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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.