Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021

Overview

The Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021 was enacted to temporarily exempt certain professional registrations from Automatic Deemed Registration under the Mutual Recognition Act 1992. This legislation was introduced to address the need for temporary exclusions of specific registrations from the automatic mutual recognition process to ensure that appropriate assessments and requirements are met before activities are carried out in South Australia. The Declaration was made by the Treasurer of South Australia under section 42T of the MRA and came into effect on 20 December 2021, with a set expiration date of 30 June 2022 unless earlier revoked. The purpose of this instrument is to provide a simplified outline of the temporary exemption, the specific registrations excluded, and the period of the exemption, facilitating a clear understanding of the temporary measures implemented to maintain regulatory standards in South Australia.

Scope and Application

The Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021 is an instrument made under section 42T of the Mutual Recognition Act 1992, which temporarily exempts certain registrations from the automatic recognition of professional and occupational registrations across the states. This declaration is applicable to individuals who hold registrations in their home state and intend to carry out activities in South Australia under those registrations. Specifically, the declaration outlines particular registrations that are not subject to automatic recognition in South Australia and, therefore, require separate registration with the Local Registration Authority of South Australia. The exemption applies to the listed registrations for a period from 20 December 2021 until midnight on 30 June 2022, unless the declaration is revoked earlier. The declaration applies to the Commonwealth of Australia, the states, and territories, with its primary effect being within South Australia. There are no exclusions or exemptions detailed within the declaration itself, although it notes that the Treasurer of South Australia considered outcomes from previous consultations and expert information in its preparation. The declaration does not extend its application beyond the specified period or the listed registrations without further legislative action.

Key Provisions

The Automatic Mutual Recognition (South Australia) (Temporary Exemptions - Group 2 - Various) Declaration 2021, referred to in the explanatory statement, temporarily exempts certain registrations from the Automatic Deemed Registration (ADR) provisions outlined in Part 3A of the Mutual Recognition Act 1992 (MRA). This exemption means that individuals holding a registration from another state cannot automatically carry out certain activities in South Australia under the ADR scheme without first obtaining a specific registration from the Local Registration Authority (LRA). The Declaration (section 6) lists the specific registrations that are temporarily excluded from ADR. For instance, registrations related to occupations such as architects, electricians, and real estate agents are included in this temporary exemption. Under the Declaration (section 3), the obligations imposed on the parties governed by this legislation primarily concern the requirement for individuals to obtain specific South Australian registrations for activities previously covered under ADR. This requirement ensures that those individuals meet South Australia's specific regulatory standards before carrying out the activities in question within the state. This process typically involves submitting an application to the LRA, which includes providing relevant documentation, fees, and possibly undergoing assessments or examinations. The Declaration (section 2) outlines that the exemption period is from 20 December 2021 until midnight on 30 June 2022, unless revoked earlier. Failure to comply with the requirement to obtain the necessary South Australian registration could result in legal consequences. The MRA provides for a range of penalties for breaches, including fines and potential criminal charges, depending on the severity and intent behind the non-compliance. The maximum penalties for such offences are stipulated in the MRA, although the exact figures are not detailed in the explanatory statement. It is important for affected individuals to ensure they meet the registration requirements within the specified timeframe to avoid these penalties.