EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 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 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 from commencement of Part 3A. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.
Summary
Through the Declaration, the Treasurer of South Australia has temporarily excluded a number of registrations from ADR. The Declaration commences on 20 December 2021 and, unless revoked earlier, the declaration is repealed at midnight 30 June 2022.
Consultation
South Australia did not conduct consultation in preparing the Declaration. The Treasurer of South Australia did not consider consultation was reasonably practicable in the short timeframe available. In preparing the Declaration, the Treasurer of South Australia had regard to the outcomes of public consultation on exposure draft legislation during the period from 17 December 2020 to 12 February 2021, the expert information available and the positions previously taken on these matters by persons likely affected.
Attachment A
Details of the Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021
Part 1 – Preliminary
Section 1 – Name
This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021 (the Declaration).
Section 2 – Commencement
This section provides the date on which the Declaration comes into operation. The Declaration comes into operation on 20 December 2021.
Section 3 – Authority
This section outlines the authority through which the Declaration is made. The Declaration is made under section 42T of the MRA.
Section 4 – Simplified outline of this instrument
This section explains that the purpose of this instrument is to temporarily exempt specified registrations from the ADR provisions of the MRA, the application of the exclusion and the period of the exclusion.
Section 5 – Definitions
This section provides, for the purposes of the Declaration, definitions of the following terms:
- The Act is defined in this section as meaning the Mutual Recognition Act 1992
Section 6 – Temporary exemption
This section lists the specific paragraph of the MRA relied on to make the Declaration and the specific registrations temporarily excluded from ADR.
The Declaration is made in accordance with paragraph 42T(1)(a) of the MRA. The specific registrations listed in section 6 are temporarily excluded from ADR. This means that an individual cannot carry on the activities authorised under these registrations in South Australia without first obtaining that registration. An individual may obtain the registration listed from the Local Registration Authority (LRA) through Part 3 of the MRA.
The Hon Rob Lucas MLC
Treasurer of South Australia