EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (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 allows 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 of 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 (Tasmania) requires a person to notify a local registration authority before the person begins to rely on automatic deemed registration to carry out the activity under the occupation in the Tasmania. The Determination comes into force on 1 July 2022, except for section 7 which commences on 1 July 2023. It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.
Consultation
In making this Determination, the Treasurer (Tasmania) was advised by the applicable agencies on appropriate notification requirements, which included details of stakeholder consultation undertaken. Various registrations in this Determination were discussed with the relevant industry bodies or associations.
The Treasurer (Tasmania) is satisfied that the consultation undertaken by agencies is appropriate and practical for the purposes of making the Determination. The consultation drew on the knowledge of relevant subject matter experts and ensured that persons likely to be affected by the proposed Determination had an adequate opportunity to comment on its proposed content.
A regulation impact statement or analysis (RIS/RIA) is not required in Tasmania for this legislative instrument. To note, the Commonwealth engaged PricewaterhouseCoopers Australia to undertake an Economic Impact Assessment of AMR, which was finalised in December 2020.
Attachment A
Details of the Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022
Part 1 – Preliminary
Section 1 – Name
This section provides that this Determination is to be cited as the Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (the Determination).
Section 2 – Commencement
This section provides the date on which the Determination comes into operation. The Determination commences on 1 July 2022, with the exception of section 7 which commences on 1 July 2023.
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 (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 Tasmania. 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 from 1 July 2022
This section lists the specific paragraph of the MRA relied on to make the Determination and the registrations for which a person must notify a local registration authority before the person begins to rely on automatic deemed registration to carry out an activity covered by an occupation in Tasmania.
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 Tasmania without first providing notification. An individual may obtain the notification requirements through the local registration authority for the activity.
Under section 50 of the Legislation Act 2003 (Cth), the requirement for notification applies until the first 1 April or 1 October falling on or after the tenth anniversary of the registration of the instrument on the Federal Registration of Legislation.
Section 7 – Notification requirement from 1 July 2023
This section lists the specific paragraph of the MRA relied on to make the Determination and the registrations for which a person must notify a local registration authority before the person begins to rely on automatic deemed registration to carry out an activity covered by an occupation in Tasmania.
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 Tasmania without first providing notification. An individual may obtain the notification requirements through the local registration authority for the activity.
Under section 50 of the Legislation Act 2003 (Cth), the requirement for notification applies until the first 1 April or 1 October falling on or after the tenth anniversary of the registration of the instrument on the Federal Registration of Legislation.
Michael Ferguson
Treasurer (Tasmania)