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

Overview

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors) is a legislative instrument made under the Mutual Recognition Act 1992. The amendment seeks to correct a drafting error in the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021 Amendment (Architects; Building Practitioners; Surveyors; Environmental Auditors) instrument, which inadvertently limited the exemption in relation to building practitioners so that it only applied to building surveyors and building inspectors. This amendment reinserts clause 6(1)(n) of the Declaration 2021 to ensure that the temporary exemption declaration for building practitioners applies to all building practitioners registered under Part 11 of the Building Act 1993 in the class of building surveyor or building inspector. The Minister for Regulatory Reform (Victoria) did not consider it necessary to consult on this amendment, given its technical nature and the aim to correct an error in the previous instrument. The instrument is taken to have commenced on 1 January 2022.

Scope and Application

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors) (Declaration Amendment) pertains to individuals who are building practitioners registered under Part 11 of the Building Act 1993 in the class of building surveyor or building inspector, specifically within Victoria. This instrument aims to correct a drafting error in the previous 2021 amendment by ensuring the temporary exemption applies to both building surveyors and building inspectors, rather than limiting it to only building surveyors. The amendment is authorised under section 42T(5) of the Mutual Recognition Act 1992, which allows for the making of Declarations to temporarily exempt certain occupational registrations from automatic mutual recognition for up to 12 months. The instrument is taken to have commenced on 1 January 2022. The instrument does not extend its application beyond the specified building practitioners in Victoria and does not include any further exemptions or exclusions beyond the correction of the drafting error. The Minister for Regulatory Reform (Victoria) determined that consultation was unnecessary due to the technical nature of the instrument and its purpose of correcting an error.

Key Provisions

The Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2022 Amendment (Building Surveyors and Building Inspectors) (Declaration Amendment) reinserts clause 6(1)(n) of the Automatic Mutual Recognition (Victoria) (Temporary Exemption – Various) Declaration 2021. This amendment is aimed at ensuring the continued application of the temporary exemption declaration for building practitioners to those registered under Part 11 of the Building Act 1993 as building surveyors or building inspectors. This legislative instrument was deemed to have commenced on 1 January 2022, correcting a drafting error in the 2021 Amendment instrument that had inadvertently limited the exemption to only building surveyors and building inspectors. The reinsertion of clause 6(1)(n) ensures that all building practitioners, regardless of their specific classification within the broader category, are subject to the temporary exemption. The obligations imposed by this Declaration Amendment primarily concern the Minister for Regulatory Reform (Victoria). The Minister's role is to ensure that the temporary exemption declaration accurately reflects the intended scope of the exemption for building practitioners. This includes ensuring that the exemption applies to all individuals registered as building surveyors or building inspectors, as per their registration under the Building Act 1993. The Minister is also responsible for the timely correction of any drafting errors that may affect the scope or application of the exemption, as evidenced by this amendment. The Declaration Amendment does not explicitly outline specific offences or penalties for breaches of its provisions. However, under the Mutual Recognition Act 1992, any misuse or unauthorised use of the automatic mutual recognition system, including any actions that contravene the provisions of a Declaration Amendment, could potentially lead to legal consequences. Such consequences might include civil penalties for non-compliance or criminal charges in cases of deliberate or egregious breaches. The specific penalties would depend on the nature and severity of the breach, as well as the provisions of other relevant legislation. It is important for all parties involved to adhere strictly to the terms and conditions set forth in the Declaration Amendment to avoid any legal repercussions.