Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Real Estate Agents; Agents’ Representatives; Professional Engineers)

Overview

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Real Estate Agents; Agents’ Representatives; Professional Engineers) (Declaration Amendment) was enacted to address a specific gap in the Mutual Recognition Act 1992 by temporarily exempting certain occupations from automatic mutual recognition in Victoria. The Act, overseen by the Commonwealth Parliament, aims to facilitate the automatic mutual recognition of occupational registrations across states, ensuring that professionals can practice in different states without additional bureaucratic hurdles. However, certain occupations, including real estate agents, agents’ representatives, and professional engineers, were temporarily exempted from this automatic recognition in Victoria. This exemption was set to be reviewed and potentially lifted by 1 January 2022. The Declaration Amendment, prepared by the Treasurer of Victoria, repealed the temporary exemption for these occupations, thereby allowing for the resumption of automatic mutual recognition for these professions in Victoria as of the specified date.

Scope and Application

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Real Estate Agents; Agents’ Representatives; Professional Engineers) (Declaration Amendment) amends the existing Declaration by repealing certain clauses to adjust the scope of temporary exemptions under the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021. This amendment, which comes into effect on 1 January 2022, specifically repeals the temporary exemptions for real estate agents, agents' representatives, and professional engineers, thus reinstating their eligibility for Automatic Deemed Registration under the Mutual Recognition Act 1992. The amendment applies to individuals who hold relevant registrations in their home state and seek to carry on the activities in Victoria. The repeal of these exemptions means that these professionals will no longer be excluded from the automatic mutual recognition process, allowing them to operate in Victoria under the registration they hold in their home state. This legislative adjustment ensures that the professionals concerned are no longer subject to the temporary exemptions that previously restricted their ability to practice across state borders.

Key Provisions

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Real Estate Agents; Agents’ Representatives; Professional Engineers) (Declaration Amendment) provides the legal framework for repealing the temporary exemption for certain professional registrations. Specifically, section 1 identifies the instrument as the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Real Estate Agents; Agents’ Representatives; Professional Engineers). Section 2 specifies the commencement date for the amendment, which is 1 January 2022. Section 3 outlines the authority under which the Declaration Amendment is made, citing section 42T(5) of the Mutual Recognition Act 1992. Finally, section 4 provides a simplified outline of the instrument, indicating its purpose is to repeal the temporary exemption for the specified registrations in the Schedule to the Declaration Instrument. The Declaration Amendment imposes specific obligations on the parties it governs. Real estate agents, agents’ representatives, and professional engineers who were previously exempt from Automatic Deemed Registration (ADR) in Victoria will now be subject to the ADR provisions under the Mutual Recognition Act 1992. This means that these professionals will need to ensure their occupational registrations are recognised in Victoria to carry on their activities legally. The repeal of the temporary exemption requires these professionals to comply with the registration requirements in Victoria, aligning their practices with the standards set by the state. Failure to comply with the requirements set out in the Declaration Amendment may result in various consequences. While the explanatory statement does not explicitly detail offences, penalties, or specific consequences for breach, it is reasonable to infer that non-compliance with occupational registration requirements can lead to legal ramifications. Such consequences may include fines, the inability to carry on the specified activities, or other administrative penalties as outlined under the Mutual Recognition Act 1992 and relevant state laws. The exact penalties would depend on the specific breach and the applicable legislative provisions. The Declaration Amendment is a legislative instrument that repeals the temporary exemption for real estate agents, agents’ representatives, and professional engineers in Victoria, effective from 1 January 2022. This repeal means that these professionals must now adhere to the Automatic Deemed Registration requirements under the Mutual Recognition Act 1992, ensuring their registrations are recognised in Victoria. The instrument was made without a consultation process due to the limited timeline for lifting the exemption. The repeal of the exemption imposes a direct obligation on the affected professionals to comply with the state's registration requirements to legally carry on their activities. Non-compliance may lead to penalties, although specific details are not provided in the explanatory statement.