Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Electricians) Declaration 2025

Overview

The Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Electricians) Declaration 2025 was enacted by the Premier of Western Australia under the Mutual Recognition Act 1992. This legislation addresses a gap in the automatic mutual recognition of occupational registrations (AMR) concerning specific electrical licences in Western Australia, namely the electrical contractor’s licence, electrician’s licence, and restricted licence, which are governed by the Electricity (Licensing) Regulations 1991. By exempting these licences from the operation of AMR, the Declaration aims to maintain stringent local regulatory standards and protect public safety within the state. The exemption is set to expire on 30 June 2027, providing a temporary measure to ensure that electrical activities in Western Australia adhere to state-specific requirements.

Scope and Application

The Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Electricians) Declaration 2025 operates under the Mutual Recognition Act 1992, which facilitates the automatic mutual recognition of occupational registrations across states. Specifically, this Declaration exempts the electrical contractor’s licence, electrician’s licence, and restricted licence under the Electricity (Licensing) Regulations 1991 (WA) from the automatic mutual recognition process in Western Australia. This means that individuals who hold these specific licences in their home states will not be automatically recognised in Western Australia under the Automatic Deemed Registration provisions of the MR Act. The exemption is intended to ensure that the unique requirements and standards of the Western Australian electrical industry are upheld. It is important to note that this exemption is in effect until 30 June 2027, after which the automatic mutual recognition provisions will apply unless further action is taken. The Western Australian Government engaged in appropriate consultation with the local registration authority to ensure the exemption aligns with the industry’s needs and regulatory standards.

Key Provisions

The Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Electricians) Declaration 2025 (the Declaration) primarily operates under section 42S of the Mutual Recognition Act 1992 (MR Act) (1). This section allows the Minister of a state to declare, through a legislative instrument, that certain registrations are exempt from Automatic Mutual Recognition (AMR) within their jurisdiction. Specifically, the Declaration excludes electrical contractor’s licences, electrician’s licences, and restricted licences under the Electricity (Licensing) Regulations 1991 (WA) from AMR in Western Australia (2). This exemption is set to expire on 30 June 2027. Under the MR Act, AMR provides an individual with the entitlement to carry on a regulated activity in a second state, provided they hold the appropriate registration in their home state. However, the Declaration effectively prevents individuals with electrical licences from Western Australia from automatically being recognised in other states through AMR. The exemption applies to three specific types of licences: electrical contractor’s licence, electrician’s licence, and restricted licence (3). The obligations imposed by the Declaration primarily concern the local registration authorities in Western Australia. These authorities must ensure that the specified licences are not recognised under AMR in other states and territories. They must also communicate the details of this exemption to licence holders and other relevant stakeholders within Western Australia. The exemption requires the local registration authorities to maintain records and provide information to support compliance with the Declaration (4). Failure to comply with the provisions of the Declaration may result in civil or criminal penalties, although specific penalties are not detailed in the explanatory statement. However, under the MR Act, non-compliance with AMR provisions can lead to penalties including fines and potential imprisonment, depending on the severity of the breach. The maximum penalties for breaches of the MR Act can reach up to $12,600 for individuals and $63,000 for bodies corporate, reflecting the seriousness with which non-compliance is treated (5).