Automatic Mutual Recognition (Victoria) (Notification Requirement—Various) Determination 2021

Administered by Department of Employment and Workplace Relations

Legislation au F2021L00889 In force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Automatic Mutual Recognition (Victoria) (Notification Requirement–Various) Determination 2021

This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Victoria) (Notification Requirement—Various) 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 Treasurer of Victoria 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 July 2021 to 31 January 2022.

Consultation

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

 


Attachment A

Details of the Mutual Recognition (Victoria) (Notification Requirement – Various) 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—Various) Determination 2021 (the Determination).

Section 2 – Commencement

This section provides the date on which the Determination comes into operation. The Determination commences on 1 July 2021.

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 Mutual Recognition Act 1992 of the Commonwealth to carry on an activity 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

This section lists the specific paragraph of the MRA 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 paragraph 42J(4) of the MRA. A person intending to carry on any activity covered by the registrations listed in reliance on ADR must notify the local registration authority. This means that an individual cannot carry on the activity authorised by the registration in Victoria without first providing notification. An individual may obtain the notification requirements through the local registration authority for the activity.

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

(a)    radiation source use licences under Part 6 of the Radiation Act 2005;

(b)    security plan and transport security plan assessor approvals under Part 6 of the Radiation Act 2005;

(c)    tester of prescribed radiation sources approvals under Part 6 of the Radiation Act 2005;

(d)    certification of cooling tower system risk management plan auditors under Part 7 of the Public Health and Wellbeing Act 2008;

(e)    pest control licences under Part 7 of the Public Health and Wellbeing Act 2008;

(f)     certification of food safety auditors under Part 3B of the Food Act 1984 (Vic);

(g)    a licensed conveyancer licensed pursuant to Part 2 of the Conveyancers Act 2006;

(h)    a person licensed to operate a rooming house pursuant to section 16 of the Rooming House Operators Act 2016;

(i)      a licensed motor car trader within the meaning of the Motor Car Traders Act 1986;

(j)      a registered second-hand dealer within the meaning of the Second-Hand Dealers and Pawnbrokers Act 1989;

(k)    an endorsed pawnbroker within the meaning of the Second-Hand Dealers and Pawnbrokers Act 1989;

(l)      managers within the meaning of the Owners Corporations Act 2006;

(m)  a registration for carrying out a class of electrical contracting prescribed by regulations under the Electricity Safety Act 1998 for the purposes of Division 1 of Part 3 of the Electricity Safety Act 1998;

(n)    a registration for carrying out a class of electrical work prescribed by regulations under the Electricity Safety Act 1998 for the purposes of Division 2 of Part 3 of the Electricity Safety Act 1998;

(o)    drivers of commercial passenger vehicles within the meaning of the Commercial Passenger Vehicle Industry Act 2017;

(p)    drivers of buses within the meaning of the Bus Safety Act 2009;

(q)    driving instructors within the meaning of the Road Safety Act 1986;

(r)     gaming Industry Employee (GIE) within the meaning of the Gambling Regulation Act 2003;

(s)     a Casino Special Employee (CSE) within the meaning of the Casino Control Act 1991;

(t)      a Bookmakers Key Employee within the meaning of the Gambling Regulation Act 2003.

The requirement for notification is to 11.59pm 31 January 2022. After this date, this Determination may be replaced by new Determinations for specified licensing scheme.

Tim Pallas

Treasurer of Victoria

Overview

The Automatic Mutual Recognition (Victoria) (Notification Requirement—Various) Determination 2021, made under section 42J of the Mutual Recognition Act 1992 (MRA), mandates that individuals intending to engage in specific activities in Victoria under the automatic mutual recognition of occupational registrations must notify the relevant local registration authority prior to commencing such activities. Enacted by the Treasurer of Victoria, this determination is aimed at ensuring that individuals who wish to rely on their occupational registration from another state or territory must formally notify the local authority before engaging in activities such as radiation source use, pest control, electrical contracting, and other specified occupations in Victoria. The determination is effective from 1 July 2021 to 31 January 2022, providing a clear timeframe for compliance and allowing for potential adjustments to the notification requirements thereafter. This determination was enacted without formal consultation due to the urgency and short timeline for determining the notification requirements. The objective is to streamline the process for recognising occupational registrations across state borders while ensuring that local regulatory standards are adhered to and public safety is maintained.

Scope and Application

The Automatic Mutual Recognition (Victoria) (Notification Requirement—Various) Determination 2021, made under the Mutual Recognition Act 1992 (Commonwealth), imposes a notification requirement for individuals intending to carry on certain activities in Victoria that are covered by occupational registrations from another state or territory. The Determination applies to a range of specified occupations, including radiation source use, security plan and transport security plan assessor approvals, tester of prescribed radiation sources, certification of cooling tower system risk management plan auditors, pest control, food safety auditors, licensed conveyancers, rooming house operators, motor car traders, second-hand dealers, pawnbrokers, owners corporation managers, electrical contractors and workers, commercial passenger vehicle drivers, bus drivers, driving instructors, and various gaming industry employees. The Determination applies to Victoria only and requires the individual to notify the relevant local registration authority before commencing the activity in reliance on automatic deemed registration, a process that allows an individual to carry on an activity in a second state under the registration covering the activity in their home state. The notification requirement is effective from 1 July 2021 until 31 January 2022, and it is anticipated that this Determination may be replaced by new Determinations for specified licensing schemes after this period. The Determination does not include any stated exclusions, exemptions, or thresholds, and it is not extended or restricted through subordinate instruments.

Key Provisions

The Automatic Mutual Recognition (Victoria) (Notification Requirement—Various) Determination 2021 (the Determination) specifies the activities under various occupational registrations for which a person must notify a local registration authority before they can rely on automatic deemed registration to carry out these activities in Victoria. This requirement is outlined in section 6 of the Determination and applies to a range of occupations, including those related to radiation source use, pest control, food safety auditing, and various other sectors such as electrical contracting, motor car trading, and conveyancer services. The Determination imposes a clear obligation on individuals intending to carry on certain activities in Victoria to notify the relevant local registration authority before they begin these activities. This notification must occur before the individual starts to rely on automatic deemed registration, which is governed by Part 3A of the Mutual Recognition Act 1992 (MRA). The Determination specifies the exact occupations and activities that necessitate this notification, ensuring that individuals are fully aware of their obligations under the law. The Determination includes a range of activities that fall under the notification requirement, such as radiation source use licences, security plan and transport security plan assessor approvals, tester of prescribed radiation sources approvals, and certification of cooling tower system risk management plan auditors, among others. Failure to comply with the notification requirement before carrying out the specified activities may result in legal consequences. Although the Determination itself does not explicitly state penalties for non-compliance, breaches of similar provisions under the MRA or related Victorian laws could result in fines or other penalties as stipulated by the respective legislation. The notification requirement is effective from 1 July 2021 until 31 January 2022, as per section 2 of the Determination. During this period, individuals must adhere to the notification requirement to ensure they can legally carry out the specified activities in Victoria. Non-compliance could lead to legal issues, and it is advisable for affected individuals to seek clarification from the local registration authorities to avoid any potential penalties.

Legal classification tags

Area of Law
Regulatory Standards
Instrument
Determination
Concepts
Notification Requirement
Regulatory Standards
Licensing & Registration
Catchwords
Automatic Deemed Registration
Local Registration Authority

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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.