Automatic Mutual Recognition (Victoria) (Exemption—Firearms and Private Security) Declaration 2022

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Victoria) (Exemption – Firearms and Private Security) Declaration 2022

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Victoria) (Exemption – Firearms and Private Security) Declaration 2022 (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 for the automatic mutual recognition of occupational registrations (AMR). AMR 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 exclude specified registrations from ADR for a period of 5 years from commencement of the Declaration. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through the Declaration, the Minister for Police, Victoria has excluded specified registrations from ADR for the period from 1 July 2022 to 30 June 2027[1].

Consultation

Consultation for the exemptions in relation to Firearms Act 1996 (Vic) occurred with:

1. The Victorian Firearms Consultative Committee (the Committee), which is an advisory body that is broadly representative of persons interested in, concerned with or relevant to the regulation of firearms in Victoria. The role of the Committee is to consider issues relating to the regulation of firearms in Victoria and to provide expert policy advice to the Minister responsible for the administration of the Firearms Act 1996 (Vic). The Committee consists of individual members of organisations from which the Minister has invited nominations.

2.       The Firearms User Group which is established to create strong understanding of the Firearms Act 1996 (Vic) and regulations amongst the industry, sporting shooters, collectors, dealers and Regulatory Services Department of Victoria Police. Membership of Firearms User Group is at the invitation of Victoria Police.

Consultation for the exemptions in relation to the Private Security Act 2004 (Vic) occurred with:

1. The Victorian Security Industry Advisory Council, which provides advice to the Minister for Police on the operation and possible further reform of the regulatory framework for the Victorian private security industry. Membership of the Council includes:
   1. a Chairperson appointed by the Minister;
   2. a Deputy Chairperson appointed by the Minister (if the Minister so chooses);
   3. a nominee of ASIS International;
   4. a nominee of the Australian Security Industry Association Limited;
   5. a nominee of the Chief Commissioner of Police;
   6. a nominee representing the Crowd Controllers Employers Association;
   7. a nominee of United Voice;
   8. a nominee of the National Electrical and Communications Association;
   9. a nominee of the Security Trainers Association;
   10. a nominee of the Australian Skills Quality Authority; and
   11. a nominee of the Victorian Security Institute.

Attachment A

Details of the Automatic Mutual Recognition (Victoria) (Exemption – Firearms and Private Security) Declaration 2022

Part 1 – Preliminary

Section 1 – Name

This section provides that the Declaration is to be cited as the Automatic Mutual Recognition (Victoria) (Exemption— Firearms and Private Security) Declaration 2022 (the Declaration).

Section 2 – Commencement

This section provides the date on which the Declaration comes into operation. The Declaration commences on 1 July 2022.

Section 3 – Authority

This section outlines the authority through which the Declaration is made. The Declaration is made under section 42S of the Mutual Recognition Act 1992 (Cth) (the Act).

Section 4 – Simplified outline of the instrument

This section explains that the purpose of this instrument is to exempt registrations for occupations, or for activities covered by occupations from the ADR provisions of the MRA, and the application of the exclusion.

Section 5 – Definitions

This section provides, that for the purposes of this Declaration, a definition of the following term:

The Act is defined in this instrument as meaning the Mutual Recognition Act 1992 (Cth).

Section 6 – Exemptions

This section lists the specific paragraph of the MRA relied on to make the Declaration and the specific registrations excluded from ADR. The section also provides a statement explaining the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public in relation to each item included in the table set out in subsection 6.

The Declaration is made in accordance with paragraph 42S(1)(a) of the Act. The specific registrations listed in the item of section 6 are excluded from ADR. This means that an individual cannot carry on the activities authorised under these registrations in Victoria without first obtaining that registration in Victoria.

For the purposes of paragraph 42S(1)(a) of the Act, the following registrations are excluded from the operation of automatic deemed registration in Victoria:

(a)    firearm licences provided under the Firearms Act 1996 (Vic);

(b)    private security licences and registrations provided under the Private Security Act 2004 (Vic).

The Hon Anthony Carbines MP

Minister for Police (Victoria)

[1] The automatic repeal date is at the end of 5 years after commencement. The self-repeal date is a date specified by a minister of state that is within this period.