Mutual Recognition (Automatic Deemed Registration Notification – Northern Territory) Determination 2022 (No. 2)

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Mutual Recognition (Automatic Deemed Registration Notification – Northern Territory) Determination 2022 (No. 2)

This explanatory statement provides notes on the operation of the Mutual Recognition (Automatic Deemed Registration Notification – Northern Territory) Determination 2022 (No. 2) (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[1].

Consultation

Consultation was conducted with relevant regulatory agencies in preparing the Determination. The consultation supported the need for notification requirements to facilitate effective regulation of workers operating in the Northern Territory through automatic deemed registration.

The Treasurer is satisfied that the consultation undertaken is appropriate and practical for the purposes of making the Determination. The consultation drew on the knowledge of relevant subject matter experts and ensured that persons likely to be affected by the proposed Determination had an adequate opportunity to comment on its proposed content.

Attachment A

Details of the Mutual Recognition (Automatic Deemed Registration Notification – Northern Territory) Determination 2022 (No. 2)

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 Medicines, Poisons and Therapeutic Goods Act 2012
2. A licence under the Water Act 1992
3. A registration under the Construction Contracts (Security of Payments) Act 2004
4. A licence under the Agricultural and Veterinary Chemicals (Control of Use) Act 2004
5. A licence under the Commercial Passenger (Road) Transport Act 1991
6. A licence under the Motor Vehicles Act 1949

Eva Dina Lawler

Treasurer

[1] The automatic repeal date is at the end of 12 months after section 42T of the MRA commences (see subsection 42T(5). The self-repeal date is a date specified by a minister of state that is within this period.