Automatic Mutual Recognition (Tasmania) (Temporary Exemption—Various) Declaration 2021

Overview

The Automatic Mutual Recognition (Tasmania) (Temporary Exemption—Various) Declaration 2021 (the Declaration) is an instrument made under the Mutual Recognition Act 1992 (Cth) by the Minister for Finance, Tasmania. This Declaration serves to temporarily exempt certain registrations from the automatic deemed registration (ADR) provisions within Part 3A of the MRA. The Declaration was introduced to address the need for temporary exemptions from ADR in Tasmania, where specific professional activities were to be excluded to allow for necessary regulatory adjustments or alignment with local standards. The Declaration commenced on the day the Mutual Recognition (Tasmania) Amendment Act 2021 came into effect and will be repealed 12 months after section 42T of the MRA commenced, meaning that the temporary exemptions will apply until 30 June 2022, unless revoked earlier. This instrument ensures that individuals cannot carry out activities under the specified registrations in Tasmania solely by relying on a registration from another state or territory, unless their registration is recognised through the mutual recognition process.

Scope and Application

The Automatic Mutual Recognition (Tasmania) (Temporary Exemption—Various) Declaration 2021 is an instrument made under the Mutual Recognition Act 1992, which outlines a temporary exemption from Automatic Deemed Registration (ADR) for certain professional registrations in Tasmania. The Declaration applies to specified registrations which have been temporarily excluded from the ADR provisions of the Act to prevent individuals from carrying out regulated activities in Tasmania under a registration obtained from another state or territory unless recognised by the Local Registration Authority. The Declaration was made by the Hon. Michael Ferguson MP, the Minister for Finance, Tasmania, and commenced on the day on which the Mutual Recognition (Tasmania) Amendment Act 2021 commenced, with a sunset clause of 12 months from 1 July 2021, meaning the temporary exemptions will apply until 30 June 2022, unless revoked earlier. The specific provisions in the Declaration are outlined in Attachment A. The instrument was made in accordance with section 42T(1)(a) of the MRA and follows consultation with relevant industry bodies or associations. Further stakeholder consultation will be undertaken prior to the expiration of the Declaration to inform longer-term arrangements for Automatic Mutual Recognition in Tasmania.

Key Provisions

The Automatic Mutual Recognition (Tasmania) (Temporary Exemption—Various) Declaration 2021 (the Declaration) temporarily excludes certain professional registrations from the Automatic Deemed Registration (ADR) provisions in the Mutual Recognition Act 1992 (MRA) for Tasmania. Specifically, section 6 of the Declaration lists the registrations that are temporarily exempt from ADR. These exemptions are in place for a period of up to 12 months, as authorised under section 42T(1)(a) of the MRA. The Declaration commenced on the same day as the Mutual Recognition (Tasmania) Amendment Act 2021 and will remain in effect until 30 June 2022, unless revoked earlier. The Declaration imposes obligations on various entities, including the Minister for Finance, Tasmania, and relevant industry bodies or associations. The Minister for Finance, Tasmania, must consult with applicable agencies and industry bodies to determine the appropriate temporary exemption arrangements. Furthermore, the Minister must ensure that the relevant industry bodies or associations are informed about the specific registrations included in the Declaration. This consultation process is intended to ensure that the exemptions are based on sound advice and stakeholder input. Failure to comply with the provisions of the Declaration may result in various consequences. Although the Declaration does not explicitly outline specific offences or penalties, non-compliance with the MRA or the regulations it references could lead to legal consequences. Under the MRA, penalties for non-compliance can include fines and other civil or criminal sanctions. For instance, section 127 of the MRA provides for a maximum penalty of 120 penalty units (approximately AUD 22,200 as of 2023) for contravening certain provisions of the Act. Additionally, section 128 of the MRA allows for the imposition of civil penalties for breaches of the Act, which can also include fines and other remedies. In summary, the Declaration temporarily exempts specified professional registrations from ADR in Tasmania for up to 12 months, commencing from 1 July 2021 and expiring on 30 June 2022. This exemption is designed to provide a period of review and consultation before the longer-term arrangements for automatic mutual recognition in Tasmania are finalised. The Minister for Finance, Tasmania, is responsible for consulting with relevant stakeholders to determine the appropriate temporary exemptions, ensuring that the process is transparent and informed by industry input. While the Declaration itself does not stipulate specific penalties for non-compliance, breaches of the MRA may result in fines and other legal consequences as outlined in the Act.