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:
- 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 a key employee licence under the Racing and Betting Act 1983
- licence under the Commercial and Private Agents Licensing Act 1979
- A registration under the Plumbers and Drainers Licensing Act 1983
- A licence under the Plumbers and Drainers Licensing Act 1983
- A registration under the Building Act 1993
- A registration under the Licensed Surveyors Act 1983
- A licence under the Electrical Workers and Contractors Act 1978
- A Registration under the Electrical Workers and Contractors Act 1978
- A licence under the Agents Licensing Act 1979
- A registration under the Agents Licensing Act 1979
- A registration under the Architects Act 1963
- 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).
Overview
The Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022 is a legislative instrument enacted under the Mutual Recognition Act 1992, which aims to facilitate the automatic mutual recognition of occupational registrations across Australian states and territories. This determination was introduced to address the need for clear notification procedures for individuals who intend to carry out activities in the Northern Territory under automatic deemed registration. The determination requires individuals to notify the local registration authority before commencing activities that rely on automatic deemed registration, ensuring compliance with local regulations. It was enacted by the Minister for Racing, Gaming and Licensing of the Northern Territory, and the primary objective is to establish a notification requirement that enhances regulatory oversight and ensures that individuals are aware of and comply with local licensing requirements. This determination is designed to operate from the day after it is registered on the Federal Register of Legislation, ensuring its immediate applicability and enforcement.
Scope and Application
The Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022 applies to any individual intending to carry out specified activities under certain occupational registrations in the Northern Territory by relying on automatic deemed registration. These activities are outlined in the determination and include, but are not limited to, obtaining a private security licence, a gaming licence, or a plumber's licence. The Determination mandates that these individuals must notify the relevant local registration authority before commencing the activity. The jurisdictional reach of the Determination is confined to the Northern Territory, and it applies to any person seeking to engage in the listed activities under the specified registrations. The Determination does not explicitly state any exclusions or exemptions; however, it is applicable to all occupations listed in the attached schedule. The application of the Determination extends through subordinate instruments as outlined in the Mutual Recognition Act 1992.
Key Provisions
The Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022 (the Determination) mandates that individuals who intend to carry out specified occupational activities in the Northern Territory under the automatic deemed registration (ADR) must first notify a local registration authority. This requirement is stipulated under section 42J(4) of the Mutual Recognition Act 1992 (MRA). The Determination applies to various registrations, including but not limited to, licences under the Private Security Act 1995, Gaming Control Act 1993, and Gaming Machine Act 1995, among others listed in Attachment A. This notification is a prerequisite to engaging in the specified activities, ensuring that individuals comply with local regulatory requirements before commencing their activities.
The Determination imposes specific obligations on individuals who wish to engage in activities that are subject to ADR in the Northern Territory. Primarily, it requires that these individuals notify the relevant local registration authority before beginning their activities. This notification process is designed to ensure that all occupational activities are conducted within the bounds of local laws and regulations, thereby maintaining standards and compliance across jurisdictions. The notification requirements can be obtained from the local registration authority, which will provide the necessary information and procedures for compliance.
Failure to comply with the notification requirements set out in the Determination can result in various consequences. Although the Determination itself does not specify penalties, breaches of the MRA or related local laws can lead to civil or criminal penalties. These penalties can include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the relevant legislation. For example, under the Local Government Act 1993 (NT), penalties for non-compliance can include fines of up to $6,000 for individuals and higher for corporations, along with potential imprisonment terms. It is important to note that the exact penalties will depend on the specific laws under which the breach is prosecuted.
In summary, the Mutual Recognition (Automatic Deemed Registration Notification—Northern Territory) Determination 2022 requires individuals to notify a local registration authority before engaging in certain occupational activities under ADR in the Northern Territory. This notification is a critical step to ensure compliance with local laws and regulations. Non-compliance can result in civil or criminal penalties, with the specifics of these penalties determined by the relevant legislation. The Determination is designed to facilitate the smooth operation of ADR while ensuring that all activities are conducted within the legal framework of the Northern Territory.