Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Mutual Recognition (Automatic Deemed Registration Notification—South Australia) 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 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 on ADR, to notify the local registration authority for the occupation that covers the activity before the person begins to carry on the activity in a second state. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.

Summary

Through this Determination, the Treasurer of South Australia 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 South Australia. The Determination applies from the day after the day it is registered on the Federal Register of Legislation and sunsets on 1 October 2031.

Consultation

South Australia did not conduct consultation in preparing the Determination. The Treasurer of South Australia did not consider consultation was reasonably practicable in the short timeframe available. In preparing the Determination, the Treasurer of South Australia 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 previously taken on these matters by persons likely affected.

Attachment A

Details of the Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021

Determination

This section outlines the authority through which the Determination is made. The Determination is made under section 42J of 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 South Australia.

As the Determination is a legislative 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 subsection 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 for the occupation in South Australia. This means that an individual cannot rely on automatic deemed registration to carry on the activity in South Australia without first notifying the local registration authority. An individual may obtain the notification requirements from the local registration authority for the activity.

Notification under subsection 42J(4) is required for a registration mentioned in an item in table 1, column 1 under an Act mentioned in the item, column 2. Notification must be made to the corresponding local registration authority identified in Column 3.

The Hon Rob Lucas MLC

Treasurer of South Australia