EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Tasmania) (Temporary Exemption—Various) Declaration 2021
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Tasmania) (Temporary Exemption—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 the provision.
The Legislation Act 2003 of the Commonwealth prescribes requirements for the making of Commonwealth legislative instruments.
Summary
Through the Declaration, the Minister for Finance, Tasmania has temporarily excluded a number of registrations from ADR. The Declaration commences on the day on which the Mutual Recognition (Tasmania) Amendment Act 2021 commences. It will be repealed 12 months after section 42T of the MRA commenced. Section 42T commenced on 1 July 2021, meaning that temporary exemptions will apply until 30 June 2022, unless revoked earlier. This is the case even if states or territories adopt the MRA after 1 July 2021.
Consultation
In making this Declaration, the Minister for Finance, Tasmania was advised by the applicable agencies on appropriate temporary exemption arrangements, which included details of any stakeholder consultation that had been undertaken to date. Various registrations in this Declaration were discussed with the relevant industry bodies or associations. Further stakeholder consultation will be undertaken prior to the expiration of this Declaration to inform the longer term arrangements for AMR in Tasmania.
Attachment A
Details of the Automatic Mutual Recognition (Tasmania) (Temporary Exemption—Various) Declaration 2021
Part 1 – Preliminary
Section 1 – Name
This section provides that this Declaration is to be cited as the Automatic Mutual Recognition (Tasmania) (Temporary Exemption—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 the day on which the Mutual Recognition (Tasmania) Amendment Act 2021 commences.
Section 3 – Authority
This section outlines the authority through which the Declaration is made. The Declaration is made under section 42T of the Mutual Recognition Act 1992 (Cth).
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, self-explanatory 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 in Tasmania. This means that an individual cannot carry on the activities authorised under these registrations in Tasmania by relying on a registration obtained in another state or territory, unless their registration is recognised by the Local Registration Authority (LRA) through Part 3 of the MRA (i.e. through the mutual recognition process).
The Hon. Michael Ferguson MP
Minister for Finance, Tasmania