Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021

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Legislation au F2021L00886 Not in force Legislative Instrument

Legislation content

Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021

made under section 42T of the

Mutual Recognition Act 1992

Compilation No. 2

Compilation date: 25 May 2022

Includes amendments up to: F2022L00717

About this compilation

This compilation

This is a compilation of the Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021 that shows the text of the law as amended and in force on 25 May 2022 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

1  Name 

3  Authority

4  Simplified outline of this instrument

5  Definitions

6  Temporary exemption

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name

(1) This instrument is the Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021.

3  Authority

(1)This instrument is made under section 42T of the Mutual Recognition Act 1992 of the Commonwealth.

4  Simplified outline of this instrument

The purpose of this instrument is to temporarily exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.

This instrument has effect only in relation to Victoria.

Unless revoked earlier, this instrument is repealed at the end of 12 months after section 42T of the Mutual Recognition Act 1992 of the Commonwealth commences (see subsection 42T(5)).

5  Definitions

(1) In this instrument:

Act means the Mutual Recognition Act 1992 of the Commonwealth.

6  Temporary exemption

(1) For the purposes of paragraph 42T(1)(a) of the Act, the following registrations are excluded from the operation of automatic deemed registration in Victoria:

(a) registrations under Part 2.6 of the Education and Training Reform Act 2006 including:

i. registration as a teacher under Division 3 of that Part;

ii. registration as an early childhood teacher under Division 3A of that Part.

(b) licences authorising a person to provide labour hire services under the Labour Hire Licensing Act 2018;

(c) firearm licences provided under the Firearms Act 1996;

(d) private security licences and registrations provided under the Private Security Act 2004;

(e) licensing and registration schemes for horse racing as administered by Racing Victoria within the meaning of section 5F of the Racing Act 1958;

(f) licensing and registration schemes for greyhound racing administered by Greyhound Racing Victoria pursuant to sections 75(aca) and 75(acb) of the Racing Act 1958;

(g) licensing and registration schemes for harness racing administered by Harness Racing Victoria pursuant to section 49(a) of the Racing Act 1958;

(k) licensing scheme for sex work service providers administered by the Business Licensing Authority under Part 3 of Sex Work Act 1994;

(l) approval scheme for an approved manager of a sex work service administered by the Business Licensing Authority under Division 5 of Part 3 of the Sex Work Act 1994;

(n) 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;

(o) a person who is a licensed plumber under Part 12A of the Building Act 1993;

(p) a person who is a registered plumber under Part 12A of the Building Act 1993;

(s) a pilot within the meaning of the Marine Safety Act 2010.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021

29 June 2021 (F2021L00886)

1 July 2021 (s 2(1) item 1)

 

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

21 Dec 2021 (F2021L01865)

1 Jan 2022 (s 2(1) item 1)

 

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

21 Dec 2021 (F2021L01866)

1 Jan 2022 (s 2(1) item 1)

 

Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors)

25 May 2022

(F2022L00717)

1 Jan 2022 (s 2(1) item 1)

 

 

Endnote 4—Amendment history

 

Provision affected

How affected

c 2.....................

rep LA s 48D

c 6.....................

am F2021L01865; F2021L01866;

 

ed C1

 

F2022L00717

 

 

Overview

The Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021 is a legislative instrument made under section 42T of the Mutual Recognition Act 1992 of the Commonwealth. This instrument is designed to temporarily exempt specific registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 in Victoria. The instrument has effect only in relation to Victoria and is repealed at the end of 12 months after section 42T of the Mutual Recognition Act 1992 of the Commonwealth commences, unless revoked earlier. The policy objective is to provide a temporary exemption to streamline the registration process for certain occupations and activities, ensuring they are adequately regulated during the period of exemption. The instrument is made by the Commonwealth of Australia and is administered by the relevant authorities in Victoria. This instrument aims to address the need for temporary exemptions for specific occupations and activities to ensure that these sectors are managed appropriately during a transitional period. By excluding certain registrations from the automatic deemed registration provisions, the instrument allows for targeted regulation and oversight, thereby maintaining standards and ensuring public safety within these sectors. The exemptions are limited to specific occupations and activities, such as teachers, early childhood teachers, labour hire services, firearm licences, private security, horse racing, greyhound racing, harness racing, sex work service providers, building practitioners, plumbers, and pilots. The instrument's scope and duration are clearly defined, with the exemption set to lapse after a specified period unless otherwise revoked.

Scope and Application

The Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021, made under section 42T of the Mutual Recognition Act 1992, applies specifically to the state of Victoria and provides for temporary exemptions from automatic deemed registration for certain occupations and activities. This legislative instrument is designed to exclude specific registrations from the operation of automatic deemed registration under the Mutual Recognition Act 1992 within Victoria. The exemptions cover a wide range of professions and activities, including registrations for teachers, labour hire services, firearm licences, private security, horse, greyhound and harness racing, sex work, building practitioners, plumbers, and pilots, among others. Unless revoked earlier, this declaration is repealed at the end of 12 months after section 42T of the Mutual Recognition Act 1992 commences. This instrument may be extended or modified through subordinate instruments, allowing for adjustments to the scope and duration of the exemptions as necessary.

Key Provisions

The Automatic Mutual Recognition (Victoria) (Temporary Exemption—Various) Declaration 2021, made under section 42T of the Mutual Recognition Act 1992, sets out the specific exemptions to automatic deemed registration within Victoria. This instrument temporarily excludes certain registrations from the automatic deemed registration process, which is otherwise mandated by the Mutual Recognition Act 1992. Unless revoked earlier, the Declaration expires at the end of 12 months after section 42T of the Mutual Recognition Act 1992 commences. The Declaration imposes obligations on various occupations and activities by exempting them from automatic deemed registration. This includes registrations under Part 2.6 of the Education and Training Reform Act 2006, such as teacher and early childhood teacher registrations, as well as licences for labour hire services under the Labour Hire Licensing Act 2018. Additionally, firearm licences under the Firearms Act 1996, private security licences and registrations under the Private Security Act 2004, and various racing licensing and registration schemes administered by entities such as Racing Victoria, Greyhound Racing Victoria, and Harness Racing Victoria are also exempted. Furthermore, the Declaration exempts the licensing scheme for sex work service providers under the Sex Work Act 1994 and registrations for building practitioners, licensed plumbers, and registered plumbers under the Building Act 1993, as well as pilots under the Marine Safety Act 2010. Failure to comply with the provisions of this Declaration may result in legal consequences. While the Declaration itself does not explicitly detail specific penalties, violations of the underlying acts and regulations it references could lead to enforcement actions. For example, unauthorised practice in exempted professions could result in fines and/or imprisonment under the relevant state acts, such as the Education and Training Reform Act 2006 or the Building Act 1993. Additionally, non-compliance with licensing requirements under the Labour Hire Licensing Act 2018 or the Private Security Act 2004 could lead to fines or other penalties as stipulated in those acts. The maximum penalties would depend on the specific provisions of the respective acts and the nature of the breach.

Legal classification tags

Area of Law
Regulatory Standards
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration

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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.