Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022

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 Minister for Racing, Gaming and Licensing 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

Since the introduction of the Determination in June 2021 by the Treasurer, the Northern Territory have consulted with the relevant licensing boards about the introduction of automatic deemed mutual recognition to carry out the activity under that occupation in the Northern Territory.

Attachment A

Details of the Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022

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:

1. A licence under the Private Security Act 1995;
2. A licence under the Gaming Control Act 1993;
3. A licence under the Gaming Machine Act 1995;
4. A licence a key employee licence under the Racing and Betting Act 1983
5. licence under the Commercial and Private Agents Licensing Act 1979
6. A registration under the Plumbers and Drainers Licensing Act 1983
7. A licence under the Plumbers and Drainers Licensing Act 1983
8. A registration under the Building Act 1993
9. A registration under the Licensed Surveyors Act 1983
10. A licence under the Electrical Workers and Contractors Act 1978
11. A Registration under the Electrical Workers and Contractors Act 1978
12. A licence under the Agents Licensing Act 1979
13. A registration under the Agents Licensing Act 1979
14. A registration under the Architects Act 1963
15. A licence under the Auctioneers Act 1935

Chansey Paech

Minister for Racing, Gaming and Licensing

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).