Automatic Mutual Recognition (Victoria) (Notification Requirement—Various) Determination 2021 (No. 2)

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Victoria) (Notification Requirement–Various) Determination 2021 (No. 2)

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Victoria) (Notification Requirement–Various) Determination 2021 (No. 2) (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 (LA) provides for the making of legislative instruments.

Summary

Through this Determination, the Minister for Consumer Affairs, Gaming and Liquor Regulation requires a person to notify a local registration authority for the occupation before the person begins to rely on automatic deemed registration to carry out an activity under the occupation in Victoria. The Determination comes into force on 1 January 2022 for estate agents and professional engineers and 1 February 2022 for licensed conveyancers, rooming house operators, licensed motor car traders, registered second-hand dealers, endorsed pawnbrokers, and owners corporation managers. The Determination sunsets on 1 April 2032 at the end of the tenth anniversary from registration (consistent with the LA).  

Consultation

Victoria did not conduct consultation as the Minister for Consumer Affairs, Gaming and Liquor Regulation considered it impractical in the circumstances. The timelines for determining notification requirements were short and did not provide opportunity to undertake appropriate consultation. In preparing this Determination, the Minister for Consumer Affairs, Gaming and Liquor Regulation had regard to the expert information available and the positions of persons likely affected.     

Attachment A

Details of the Automatic Mutual Recognition (Victoria) (Notification Requirement–Various) Determination 2021 (No. 2)

Part 1 – Preliminary

Section 1 – Name

This section provides that this Determination is to be cited as the Automatic Mutual Recognition (Victoria) (Notification Requirement–Various) Determination 2021 (No. 2) (the Determination).

Section 2 – Commencement

This section provides the date on which the Determination comes into operation. The Determination commences on 1 January 2022, except for section 7 which commences on 1 February 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 for the occupation before the person begins to rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity covered by that occupation in Victoria.  This section outlines the application of the notification and the period of the Determination.

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 for estate agents and professional engineers

This section lists the specific paragraph of the Act relied on to make the Determination, the activity under the occupation where a person must notify a local registration authority before the person begins to rely on automatic deemed registration.

The Determination is made in accordance with subsection 42J(4) of the Act. A person intending to carry on any activity covered by the registrations listed in reliance on ADR must notify the local registration authority for the occupation associated with the registration. This means that an individual cannot carry on the activity in Victoria without first providing this notification. An individual may obtain the notification requirements through the local registration authority for the occupation.

Notification under subsection 42J(4) of the Act is required for the following registrations in Victoria:

(a) registration of persons providing a professional engineering service within the meaning of the Professional Engineers Registration Act 2019;

(b) a licence within the meaning of the Estate Agents Act 1980.

The requirement for notification applies until 11.59pm 1 April 2032 at which time this instrument will expire in accordance with the sunset provisions of the Legislation Act 2003 (Cth). After this date, this Determination may be replaced by new Determinations for specific registrations.

Section 7 – Notification requirement for other occupations

This section lists the specific paragraph of the Act relied on to make the Determination and the registered occupations for which a person must notify a local registration authority before the person begins to rely on automatic deemed registration to carry out an activity covered by an occupation in Victoria.

The Determination is made in accordance with paragraph 42J(4) of the Act. A person intending to carry on any activity covered by the registrations listed in reliance on ADR must notify the local registration authority for the occupation. This means that an individual cannot carry on the activity in Victoria without first providing this notification. An individual may obtain the notification requirements through the local registration authority for the occupation.

Notification under subsection 42J(4) of the Act is required for the following registrations in Victoria:

The requirement for notification applies until 11.59pm 1 April 2032 at which time this instrument will expire in accordance with the sunset provisions of the Legislation Act 2003 (Cth). After this date, this Determination may be replaced by new Determinations for specified licensing schemes.

Melissa Horne

Minister for Consumer Affairs, Gaming and Liquor Regulation (Victoria)