Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (No. 2)

Administered by Department of Employment and Workplace Relations

Legislation au F2022L01567 In force Legislative Instrument

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EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (No. 2)

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (No. 2) (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 Tasmania. The Determination comes into force on 1 January 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 It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.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) consulted with the Public Health Services area of the Department of Health which is the relevant registration authority for licences and accreditations under the Radiation Protection Act 2005 and approvals under the Food Act 2003. Additionally, the Department of Health has undertaken some consultation with relevant stakeholders that may be affected by the notification requirement.

The Treasurer (Tasmania) is satisfied that the consultation undertaken is appropriate and practicable for the purposes of making the Determination. The consultation drew on the knowledge of relevant subject matter experts.

Requiring notification of intention to work is also a mechanism that can be utilised to provide appropriate information to those interstate workers about Tasmania’s legislative requirements.

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 (No. 2)

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 (No. 2).

Section 2 – Commencement

This section provides the date on which the Determination comes into operation. The Determination commences on 1 January 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

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)

 

Overview

The Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (No. 2) is a legislative instrument made under the Mutual Recognition Act 1992 of the Commonwealth. This Determination aims to address the need for individuals intending to carry on certain activities in Tasmania under Automatic Deemed Registration (ADR) to notify the relevant local registration authority beforehand. The Mutual Recognition Act 1992 allows for the automatic mutual recognition of occupational registrations across Australian states and territories, facilitating interstate trade and labour mobility. However, it also empowers states to impose notification requirements for activities carried out under ADR. The Determination was enacted by the Treasurer of Tasmania, who consulted with the Department of Health, ensuring that the notification requirement aligns with Tasmania’s legislative and regulatory framework. This instrument will be in effect from 1 January 2023 and will be repealed on the first 1 April or 1 October following the tenth anniversary of its registration.

Scope and Application

The Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (No. 2) is a legislative instrument that implements specific notification requirements for individuals seeking to rely on automatic deemed registration (ADR) to carry out certain activities in Tasmania under the Mutual Recognition Act 1992 (MRA) of the Commonwealth. The Determination applies to any person intending to carry on an activity in Tasmania under a registration from another State or Territory, requiring them to notify the local registration authority before beginning the activity. This requirement is to ensure that individuals are aware of and comply with Tasmania’s specific legislative requirements for the occupations in question. The Determination applies to the activities covered by the specific registrations listed within the instrument and is enforced under section 42J of the MRA. It is set to commence on 1 January 2023 and will be repealed on the first 1 April or 1 October following the tenth anniversary of its registration. The instrument has been made following consultation with relevant stakeholders, including the Department of Health, and is intended to facilitate the provision of appropriate information to interstate workers about Tasmania's legislative requirements.

Key Provisions

The Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (No. 2) outlines specific provisions under the Mutual Recognition Act 1992 (MRA), particularly focusing on the requirement for individuals to notify local registration authorities before they commence activities in Tasmania that rely on automatic deemed registration (ADR). The primary focus is on ensuring that individuals who wish to carry out specific activities in Tasmania under the protection of their occupational registration from another state must first notify the relevant local registration authority (section 6). This notification requirement ensures that the individual is aware of and complies with Tasmania’s specific legislative requirements for the occupation. The obligations imposed by this Determination are clear and straightforward. Individuals intending to practice in Tasmania under ADR must submit a notification to the appropriate local registration authority prior to commencing their activity (section 6). This notification must detail the individual's intention to rely on their existing registration from another state, and it must be done before any activity is undertaken. The local registration authority will then determine if any additional local requirements or conditions need to be met. This step is crucial to maintaining the integrity and compliance of occupational practices within Tasmania. Should an individual fail to comply with the notification requirements, they risk facing legal consequences. While specific penalties are not detailed in the Determination, breaches of occupational registration laws can lead to sanctions under the relevant state or territory legislation. Such sanctions could include fines, suspension, or cancellation of registration, or even criminal charges in cases of serious misconduct or breach of professional standards. It is essential for individuals to adhere to these notification requirements to avoid any potential legal repercussions.

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Definitions & Interpretation
Notification requirement
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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.