Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors)

Overview

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) was enacted to address the need for temporary exemptions in certain occupational registrations under the Mutual Recognition Act 1992 (MRA). This amendment, effective 1 January 2022, repeals specific clauses that temporarily exempted architects, building practitioners, surveyors, and environmental auditors from Automatic Deemed Registration (ADR). This legislative instrument was introduced by Danny Pearson, the Minister for Regulatory Reform in Victoria, under section 42T(5) of the MRA. The primary objective of this amendment is to lift the temporary exemptions for the specified professions, thereby facilitating their participation in automatic mutual recognition across states, subject to the usual registration requirements.

Scope and Application

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) pertains to the repeal of certain temporary exemptions for specified occupational registrations under the Mutual Recognition Act 1992 (MRA). This legislative instrument applies to architects, building practitioners (with an exception for those registered under Part 11 of the Building Act 1993 as building surveyors or building inspectors), surveyors, and environmental auditors within the jurisdiction of Victoria. The repeal of the temporary exemptions takes effect from 1 January 2022, allowing these professionals to engage in their respective activities across state borders under Automatic Deemed Registration (ADR) without the temporary restrictions previously in place. The instrument does not extend to building practitioners classified as building surveyors or building inspectors, who remain under the exemption. The Minister for Regulatory Reform (Victoria) made this amendment without conducting consultation due to the limited timeframe available to lift the exemption by the commencement date, relying instead on expert information and the likely positions of affected parties.

Key Provisions

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) (Declaration Amendment) makes significant changes to the temporary exemption declarations for certain professions under the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021. Specifically, Section 1 of the Declaration Amendment cites the name of the instrument, while Section 2 sets the commencement date as 1 January 2022. The authority for making this amendment is outlined in Section 3, which references section 42T(5) of the Mutual Recognition Act 1992. Section 4 provides a simplified outline of the instrument, explaining that its purpose is to repeal the temporary exemptions for the specified registrations detailed in the Schedule to the Declaration Instrument. The Declaration Amendment imposes obligations on the parties and entities it governs by repealing the temporary exemptions for certain professional registrations. This means that the temporary exemption for architects, building practitioners (except for those registered under Part 11 of the Building Act 1993 as building surveyors or building inspectors), surveyors, and environmental auditors is lifted as of 1 January 2022. This repeal effectively means that these professionals will now be subject to Automatic Deemed Registration (ADR) in Victoria, allowing them to carry on their activities under their home state's registration without the need for additional registration in Victoria. The Declaration Amendment introduces consequences for non-compliance with the repealed exemptions. While specific penalties are not detailed in the explanatory statement, breaches of the Mutual Recognition Act 1992 can lead to significant civil and criminal penalties. Under the MRA, offences related to unauthorised practice or misrepresentation can attract substantial fines and, in some cases, imprisonment. The penalties vary depending on the severity of the breach and can include fines of up to $1.1 million for corporations and up to $220,000 for individuals, along with potential imprisonment terms. These consequences underscore the importance of complying with the requirements set out by the Act and the Declaration Amendment. Given that the Minister for Regulatory Reform (Victoria) did not conduct consultation due to the limited timeframe for lifting the exemption, it is crucial for affected parties to understand the implications of this change. Professionals in the exempted categories must ensure they are aware of and comply with the new requirements to avoid any legal repercussions. This amendment aims to streamline the recognition process and ensure consistency across state borders, ultimately benefiting both professionals and consumers by facilitating smoother interstate practice.