EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors)
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) (Declaration Amendment). The specific provisions in the Declaration Amendment are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Declaration Amendment and should not be substituted for the Declaration Amendment.
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).
Section 42T of the MRA provides for the making of a Declaration to exclude temporarily certain registrations from ADR for a period of up to 12 months from commencement of the provision unless that Declaration is revoked earlier. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.
This Declaration Amendment instrument repeals clauses 6(1)(m), 6(1)(n), 6(1)(q) and 6(1)(r) of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 effective 1 January 2022 repealing the temporary exemption declaration for architects, building practitioners (except for a person who is a building practitioner registered under Part 11 of the Building Act 1993 in a class of building surveyor or building inspector), surveyors, and environmental auditors.
Summary
Through this Declaration Amendment, the Minister for Regulatory Reform (Victoria) repeals clauses 6(1)(m), 6(1)(n) except for building practitioners in a class of building surveyor or building inspector), 6(1)(q) and 6(1)(r) of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 effective 1 January 2022 repealing the temporary exemption declaration for architects, building practitioners (except for a person who is a building practitioner registered under Part 11 of the Building Act 1993 in a class of building surveyor or building inspector), surveyors, and environmental auditors.
Consultation
Victoria did not conduct consultation as the Minister for Regulatory Reform (Victoria) considered it inappropriate in the circumstances. The timelines available for lifting the temporary exemption by 1 January 2022 did not allow for a consultation process. In preparing the determination, the Minister for Regulatory Reform (Victoria) had regard to the expert information available and the positions of persons likely affected.
Attachment A
Details of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors)
Part 1 – Preliminary
Section 1 – Name
This section provides that this Declaration Amendment is to be cited as the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) (the Declaration Amendment).
Section 2 – Commencement
This section provides the date on which the Declaration Amendment comes into operation. The Declaration Amendment commences on 1 January 2022.
Section 3 – Authority
This section outlines the authority through which the Declaration Amendment is made. The Declaration Amendment is made under section 42T(5) of the Mutual Recognition Act 1992.
Section 4 – Simplified outline of the instrument
This section explains that the purpose of this instrument is to repeal the temporary exemption for the specified registrations in the Schedule to the Declaration Instrument.
Danny Pearson
Minister for Regulatory Reform (Victoria)