Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021

Administered by Department of Employment and Workplace Relations

Legislation au F2021L01877 In force Legislative Instrument

Legislation content

 

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021

made under section 42J(4) of the Mutual Recognition Act 1992

Compilation No. 3 

Compilation date: 5 December 2023

Includes amendments: Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Amendment Determination 2023 [F2023L01611]

About this compilation

This compilation

This is a compilation of the Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021 that shows the text of the law as amended and in force on 05/12/2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021

 

1 Name

 

This instrument is the Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021.

 

3  Authority

This instrument is made under subsection 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.

4  Simplified outline of this instrument

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 Victoria.

Unless revoked earlier, this instrument will sunset under section 50 of the

Legislation Act 2003 of the Commonwealth (see subsection 42J(5) of the Mutual Recognition Act 1992 of the Commonwealth). This will generally mean that this instrument will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of the registration of the instrument on the Federal Register of Legislation.

5  Definitions

 In this instrument:

Act means the Mutual Recognition Act 1992 of the Commonwealth.

6  Notification requirement

For the purposes of section 42J(4) of the Act, notification is required for the following registrations in Victoria:

(a) an architect registered under section 11 of the Architects Act 1991;

(b)   a person who is a building practitioner registered under Part 11 of the Building Act 1993 other than a person registered in the class of building surveyor;

(c)   a person who is a registered plumber under Part 12A of the Building Act 1993, other than a person who is a registered plumber under Part 12A of the Building Act 1993 who is registered in any of the following classes of plumbing work specified in Part 4 or Part 5 of the Plumbing Regulations 2018:

  1. gasfitting
  2. Type A appliance conversion
  3. Type A appliance servicing
  4. Type B gasfitting
  5. Type B gasfitting advanced
  6. Fire protection
  7. Roofing (stormwater)
  8. Mechanical services;

(d)   a person registered as a licensed surveyor under Division 1 of Part 2 of the Surveying Act 2004.

 

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Determination 2021

22 December 2021

[F2021L01877]

c 6: 1 January 2022

(c 2(1))

c 7: 1 July 2022 (c 2(1)) Remainder: 23 December 2021

 

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying industries) Amendment Determination 2022

27 June 2022

[F2022L00847]

Sch 1 (c 1): 1 July 2022

(c 2(1))

Sch 1 (c 2): 1 July 2023

(c 2(1))

 

Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Amendment Determination 2023

4 December 2023 [F2023L01611]

5 December 2023

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

Clause 2

Clause 6

Clause 7

rep LA s 48D

rs F2022L00847

rs F2022L00847

Clause 1

am F2023L01611

Clause 6

rs F2023L01611

Clause 7

rep F2023L01611

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021 is a legislative instrument made under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth. It aims to mandate notification to a local registration authority before a person can rely on automatic deemed registration under the Mutual Recognition Act 1992 to undertake specified activities in Victoria. The determination addresses the need for harmonisation and streamlining of professional registration processes across Australian states and territories, particularly for professionals in the building, plumbing, architecture, and land surveying industries. Unless revoked earlier, the determination will sunset under section 50 of the Legislation Act 2003 of the Commonwealth, generally meaning it will be repealed on the first 1 April or 1 October following the tenth anniversary of its registration on the Federal Register of Legislation. This legislative instrument was enacted by the Parliament of the Commonwealth of Australia to facilitate easier movement and recognition of qualified professionals across state and territory borders, enhancing efficiency and reducing bureaucratic hurdles for these professionals.

Scope and Application

The Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021 applies to individuals and entities intending to provide professional services in Victoria within the specified industries—namely architecture, building, plumbing, and land surveying. This determination mandates that these professionals must notify the relevant local registration authority before they can rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth. The scope of this legislation is confined to Victoria and targets specific categories of professionals within the aforementioned industries, excluding those engaged in certain classes of plumbing work as detailed in the Plumbing Regulations 2018. This Determination ensures that practitioners meet local regulatory standards and facilitates their registration processes within the state. While the Determination itself sets out the primary obligations, its application and enforcement may be further detailed through subordinate instruments, which can provide additional clarification or procedural guidance.

Key Provisions

The Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021 (the Determination) is a legislative instrument made under section 42J(4) of the Mutual Recognition Act 1992. The Determination sets out the notification requirements for individuals or entities relying on automatic deemed registration in Victoria within the specified industries of building, plumbing, architecture, and land surveying. Section 6 of the Determination outlines that notification is required for certain registrations in Victoria, including those of architects registered under the Architects Act 1991, building practitioners registered under the Building Act 1993 (excluding building surveyors), registered plumbers (excluding those registered in specific classes of plumbing work), and licensed surveyors registered under the Surveying Act 2004. The Determination serves to ensure that individuals intending to operate within these industries in Victoria notify the relevant local registration authorities prior to commencing activities under automatic deemed registration. The obligations imposed by the Determination primarily involve ensuring that individuals or entities notify the local registration authorities before they begin to rely on automatic deemed registration. This notification requirement is crucial for maintaining regulatory oversight and ensuring that the individuals or entities comply with local regulatory standards and requirements. The notification process typically involves providing details about the individual's or entity's qualifications, registration status, and intended activities. Additionally, the Determination mandates that the notification be made in accordance with any additional requirements or procedures specified by the local registration authorities. Failure to comply with the notification requirements outlined in the Determination may lead to legal consequences. Under the Mutual Recognition Act 1992, non-compliance could result in penalties or enforcement actions. While specific penalties are not detailed within the Determination itself, they may be outlined in other related legislation or regulations. Generally, penalties for breaches of notification requirements in similar contexts can include fines or other civil penalties, and in more severe cases, criminal charges for non-compliance. The exact penalties and enforcement mechanisms would depend on the specific circumstances of the breach and the relevant provisions of other applicable laws.

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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.