Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00932 In force Legislative Instrument

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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 It will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of its registration.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)

 

Overview

The Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (the Determination) was enacted to address the gap in the notification requirements for individuals intending to carry on specific activities in Tasmania under the automatic deemed registration (ADR) provisions of the Mutual Recognition Act 1992 (MRA). The MRA facilitates the automatic mutual recognition of occupational registrations, allowing individuals to practise in another state under their home state registration. However, the Determination aims to ensure that individuals who intend to rely on ADR in Tasmania must notify the relevant local registration authority before commencing their activities, thereby providing a structured approach to oversight and compliance. The Determination was made by the Treasurer of Tasmania under section 42J of the MRA, with the commencement date of 1 July 2022, except for section 7 which begins on 1 July 2023. The policy objective is to maintain the integrity of occupational standards while streamlining the process for professionals to practise across state borders.

Scope and Application

The Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 operates under the Mutual Recognition Act 1992 (Commonwealth) and mandates that individuals intending to carry out specific occupational activities in Tasmania under automatic deemed registration must notify the local registration authority before commencing such activities. This applies to persons who seek to rely on their occupational registration from another state to conduct activities in Tasmania, ensuring that they meet the notification requirements specified by the local authority. The Determination applies to a range of specified occupations listed in Attachment A, which were determined after consultation with relevant industry bodies and subject matter experts. The geographic scope of the Determination is limited to Tasmania, where it aims to regulate the professional conduct of individuals entering the state's labour market through automatic mutual recognition. The Determination is set to come into force on 1 July 2022, with an exception for section 7 which will commence on 1 July 2023, and it will be repealed on the first 1 April or 1 October after the tenth anniversary of its registration. No specific exclusions or thresholds are mentioned in the explanatory statement, though the scope is limited to the occupations listed in the Determination.

Key Provisions

The Automatic Mutual Recognition (Tasmania) (Notification Requirements—Various) Determination 2022 (the Determination) outlines specific notification requirements for individuals who wish to carry on an activity in Tasmania under the automatic deemed registration (ADR) provisions of the Mutual Recognition Act 1992 (MRA) (sections 6 and 7). Under this Determination, an individual must notify a local registration authority before beginning to rely on ADR for any activity listed in the Determination. This notification requirement ensures that the local registration authority is aware of the individual's intention to carry out the specified activities, thus maintaining oversight and compliance with regulatory standards. The Determination specifies the particular paragraphs of the MRA that it relies upon and enumerates the occupations subject to these notification requirements. The Determination imposes several obligations on individuals intending to engage in regulated activities in Tasmania under ADR. Primarily, it mandates that these individuals must notify the relevant local registration authority prior to commencing any activity. This notification must include details that the local registration authority requires, as specified in the Determination. By doing so, the Determination aims to ensure that all individuals operating under ADR are subject to the necessary regulatory oversight, thereby maintaining the integrity and safety standards of the regulated activities. Additionally, the Determination provides a clear framework for how and when these notifications should be made, ensuring transparency and adherence to regulatory requirements. Breach of the notification requirements set out in the Determination may lead to various legal consequences. Specifically, individuals who fail to notify the local registration authority as required may be subject to penalties or other legal actions. The exact nature and severity of these consequences can depend on the specific circumstances of the breach and the discretion of the local registration authority or relevant court. The Determination does not explicitly detail the maximum penalties for non-compliance but refers to the broader legislative framework within which these penalties would be determined. It is important for individuals to adhere to the notification requirements to avoid any potential legal repercussions. The Determination is structured to come into force on 1 July 2022, with some provisions, specifically those outlined in section 7, commencing on 1 July 2023. This staggered commencement ensures that stakeholders have adequate time to prepare for and comply with the new requirements. The Determination will be repealed on the first 1 April or 1 October following the tenth anniversary of its registration, providing a clear timeline for its operation. This ensures that the regulatory environment remains dynamic and responsive to any changes in legislative or industry needs.

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Area of Law
Administrative Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Notification Requirements
Commencement Provisions
Repeal & Amendment

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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.