Automatic Mutual Recognition (New South Wales) (Notification Requirement—Various) Determination 2025

Administered by Department of Employment and Workplace Relations

Legislation au F2025L00812 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (New South Wales) (Notification Requirement—Various) Determination 2025 

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (New South Wales) (Notification Requirement–Various) Determination 2025 (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 MRA) provides for the automatic mutual recognition of occupational registrations (AMR). AMR will provide 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 a determination that requires a person who intends to carry on an activity in reliance on 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 Treasurer of New South Wales requires a person to notify a local registration authority before the person begins to rely on ADR to carry out the activity under the occupation in New South Wales. The Determination is for the period 1 July 2025 to 1 October 2035, being the first 1 October falling on or after the tenth anniversary from registration of the instrument on the Federal Register of Legislation (consistent with Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003).

The Determination is exempt from disallowance under subsection 44(1) of the Legislation Act 2003 because the enabling legislation, the Mutual Recognition Act 1992, supports the Automatic Mutual Recognition Scheme, which is an intergovernmental scheme. Section 42J(4) of the Mutual Recognition Act 1992 authorises the instrument to be made for the purposes of scheme. An explanatory note in section 42J(4) also states that the determination is not subject to disallowance under the Legislation Act 2003.

Consultation

New South Wales consulted with the relevant New South Wales regulators which registers individuals for registration as described in section 6. This is appropriate consultation to have undertaken regarding whether a notification requirement for interstate workers is appropriate to meet the governments obligation to protect consumers, workers and the environment, and to ensure compliance and enforcement activities by regulators.  

 

 


Attachment A

Details of the Automatic Mutual Recognition (New South Wales) (Notification Requirement–Various) Determination 2025

Part 1 – Preliminary

Section 1 – Name

This section provides that this Determination is to be cited as the Automatic Mutual Recognition (New South Wales) (Notification Requirement–Various) Determination 2025 (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 2025.

Section 3 – Authority

This section outlines the authority through which the Determination is made. The Determination is made under section 42J 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 rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity in New South Wales. 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

Section 6 – Notification requirement

This section lists the specific paragraph of the MRA relied on to make the Determination, the activity under the 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 MRA. A person intending to carry on any of the activities covered by the registrations listed in reliance on ADR must notify the local registration authority. This means that an individual cannot carry on the activity in New South Wales without first providing notification. An individual may obtain the notification requirements through the local registration authority for the following activities.

Notification under 42J(4) of the Act is required for the following registrations in NSW:

  1.               Gaming machine technician’s licence within the meaning of the Gaming Machine Act 2001.
  2.              Licences and certificates within the meaning of the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022.
  3.               Licences and certificates within the meaning of the Motor Dealers and Repairers Act 2013.
  4.              Licences, certificates and accreditations within the meaning of the Property and Stock Agents Act 2002.
  5.               Licences within the meaning of the Conveyancers Licensing Act 2003.
  6.               Licences within the meaning of the Tattoo Industry Act 2012.

 

 

 

 

The Honourable Daniel Mookhey MLC

Treasurer of New South Wales

Overview

The Automatic Mutual Recognition (New South Wales) (Notification Requirement–Various) Determination 2025 is a legislative instrument introduced to address a gap in the notification requirements for individuals carrying out activities under occupational registrations in New South Wales. Enacted under the authority of section 42J of the Mutual Recognition Act 1992 (MRA), the Determination mandates that individuals intending to rely on Automatic Deemed Registration (ADR) for certain activities in New South Wales must notify the relevant local registration authority before commencing these activities. This requirement is intended to ensure that the local authorities are aware of and can appropriately oversee the activities of individuals coming from other states. The Determination is exempt from disallowance, reflecting its alignment with the intergovernmental Automatic Mutual Recognition Scheme. The period of operation for this Determination is set from 1 July 2025 to 1 October 2035, with the consultation process involving relevant New South Wales regulators to ensure the protection of consumers, workers, and the environment.

Scope and Application

The Automatic Mutual Recognition (New South Wales) (Notification Requirement–Various) Determination 2025 applies to individuals who intend to carry on specific activities in New South Wales under the occupation covered by automatic deemed registration (ADR) from another state. This Determination, made under section 42J of the Mutual Recognition Act 1992, mandates that these individuals must notify the local registration authority in New South Wales before commencing the activity. This requirement ensures that the individual is aware of and complies with the local regulatory requirements before engaging in the activity. The Determination is effective from 1 July 2025 to 1 October 2035, and it is not subject to disallowance as it is an integral part of the Automatic Mutual Recognition Scheme, an intergovernmental arrangement. The scheme aims to facilitate the movement of professionals across state borders while maintaining regulatory oversight to protect consumers, workers, and the environment. Specific activities covered by this Determination include those related to gaming machine technicians, work health and safety in mines and petroleum sites, motor dealers and repairers, property and stock agents, conveyancers, and tattoo industry practitioners. The exclusion of disallowance under the Legislation Act 2003 underscores the importance of this intergovernmental scheme in maintaining consistent occupational standards and regulatory compliance across states.

Key Provisions

The Automatic Mutual Recognition (New South Wales) (Notification Requirement–Various) Determination 2025 specifies certain activities that require individuals to notify a local registration authority in New South Wales before they can carry out these activities under automatic deemed registration. Section 6 of the Determination outlines these activities, which include obtaining a gaming machine technician’s licence under the Gaming Machine Act 2001, certain licences and certificates under the Work Health and Safety (Mines and Petroleum Sites) Regulation 2022, licences and certificates under the Motor Dealers and Repairers Act 2013, licences, certificates, and accreditations under the Property and Stock Agents Act 2002, licences under the Conveyancers Licensing Act 2003, and licences under the Tattoo Industry Act 2012. This notification requirement ensures that individuals comply with local regulations before engaging in these activities. The Determination imposes specific obligations on individuals intending to carry out the listed activities in New South Wales. These obligations include providing notification to the relevant local registration authority before beginning the activity, as outlined in section 6. This notification must be made in accordance with paragraph 42J(4) of the Mutual Recognition Act 1992. By notifying the local authority, individuals ensure they meet all local regulatory requirements and can legally undertake the specified activities within New South Wales. Failure to comply with the notification requirement can result in civil and criminal consequences. Under the Legislation Act 2003, non-compliance with the Determination may lead to penalties and legal action. Although specific penalties are not detailed in the explanatory statement, the Mutual Recognition Act 1992 and associated regulations likely outline the potential fines, sanctions, or other legal repercussions for breaches. It is important for individuals to adhere to the notification requirements to avoid these potential consequences. The Determination comes into operation on 1 July 2025 and will remain in effect until 1 October 2035, as outlined in section 2. This period is consistent with the sunsetting provisions of the Legislation Act 2003, ensuring that the notification requirements are in place for a defined duration. This timeframe allows for the assessment and adjustment of the requirements as needed, ensuring they continue to meet the objectives of consumer protection, worker safety, and regulatory compliance within New South Wales.

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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.