EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors)
This explanatory statement provides notes on the operation of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors) (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 reinserts clause 6(1)(n) of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 to continue to have the operation of the temporary exemption declaration for building practitioners apply to 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.
The instrument is taken to have commenced on 1 January 2022 as it is intended to correct a drafting error in the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) instrument that originally proposed to limit the exemption in relation to building practitioners so it would only apply to building surveyors and building inspectors.
Summary
Through this Declaration Amendment, the Minister for Regulatory Reform (Victoria) reinserts clause 6(1)(n) of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 to continue to have the temporary exemption declaration for building practitioners apply to 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.
Consultation
Victoria did not conduct consultation as the Minister for Regulatory Reform (Victoria) considered it inappropriate in the circumstances given the technical nature of the instrument, which is intended to correct a drafting error.
Attachment A
Details of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors)
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 2022 Amendment (Building Surveyors and Building Inspectors) (the Declaration Amendment).
Section 2 – Commencement
This section provides the date on which the Declaration Amendment comes into operation. The Declaration Amendment is taken to have commenced 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 amend the temporary exemption for the specified registrations in the Schedule to the Declaration Instrument.
Danny Pearson
Minister for Regulatory Reform (Victoria)