EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Victoria) (Notification Requirement–Environmental Auditors and Electrical Workers) Determination 2021
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Victoria) (Notification Requirement—Environmental Auditors and Electrical Workers) Determination 2021 (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 will provide 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 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 Minister 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 Victoria. The Determination is for the period 1 January 2022 to 30 June 2023.
Consultation
Victoria did not conduct public consultation as the Minister considered this Determination resulted in no additional impacts on any part of the community compared with the notification requirements under existing mutual recognition arrangements.
Attachment A
Details of the Mutual Recognition (Victoria) (Notification Requirement – Environmental Auditors and Electrical Workers) Determination 2021
Part 1 – Preliminary
Section 1 – Name
This section provides that this Determination is to be cited as the Automatic Mutual Recognition (Victoria) (Notification Requirement—Environmental Auditors and Electrical Workers) Determination 2021 (the Determination).
Section 2 – Commencement
This section provides that the Determination commences on 1 January 2022.
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 Act to carry on an activity in Victoria.
This section also explains the possible duration of the instrument.
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
This section specifies that subsection 42J(4) of the Act is relied on to make the Determination. It also specifies the activity under the occupation where a person must notify a local registration authority before the person begins to rely on automatic deemed registration.
Notification is required for the registration of an environmental auditor to carry on activities under the Environment Protection Act 2017 in Victoria.
Notification is required for the registration of an electrical worker or electrical contractor to carry on activities under the Electricity Safety Act 1998 in Victoria.
Signed
Lily D’Ambrosio
Minister for Energy, Environment and Climate Change