EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2021
This explanatory statement provides notes on the operation of the Determination under section 42J(4) of the Mutual Recognition Act 1992 (the Determination). The specific provisions in the Determination are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Determination and should not be substituted for the Determination.
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 will provide 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).
Part 3A of the MRA provides for the making of a determination that requires a person who intends to carry on an activity in reliance of ADR to notify the local registration authority for the occupation before the person begins to carry on the activity. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.
Summary
Through this Determination, the Treasurer of the Northern Territory requires a person to notify a local registration authority before the person begins to rely on automatic deemed registration to carry out the activity under the occupation in the Northern Territory. The Determination is for the period from the day after the day it is registered on the Federal Register of Legislation.
Consultation
The Northern Territory did not conduct consultation in preparing the Determination the Treasurer of the Northern Territory considered it impractical in the short timeframe available. In preparing the Determination, the Treasurer of the Northern Territory had regard to the outcomes of public consultation on exposure draft legislation during the period from 17 December 2020 to 12 February 2021, the expert information available and the positions of persons likely affected.
Attachment A
Details of the Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2021
Part 1 – Preliminary
Determination
This section outlines the authority through which the Determination is made. The Determination is made under section 42J of the Mutual Recognition Act 1992 of the Commonwealth (the MRA).
The purpose of this Determination is to require a person to notify a local registration authority before the person begins to rely on automatic deemed registration under the MRA to carry on an activity in Northern Territory.
As the Determination is a registrable instrument for the purposes of the Legislation Act 2003 of the Commonwealth, the Determination comes into operation on the day after the day it is registered on the Federal Register of Legislation.
Schedule
The Determination is made in accordance with paragraph 42J(4) of the MRA. A person intending to carry on at least one of the activities covered by the registrations listed in reliance on ADR must notify the local registration authority. This means that an individual cannot carry on the activity in the Northern Territory without first providing notification. An individual may obtain the notification requirements through the local registration authority for the activity.
Notification under subsection 42J(4) is required for the following registrations in the Northern Territory:
- A certificate of accreditation under the Radiation Protection Act 2004;
- A licence under the Private Security Act 1995;
- A licence under the Gaming Control Act 1993;
- A licence under the Gaming Machine Act 1995;
- A licence under section 103 or a key employee licence under the Racing and Betting Act 1983
- A licence under the Radiation Protection Act 2004.
Michael Gunner
Treasurer
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).