Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022

Administered by Department of Employment and Workplace Relations

Legislation au F2022L00931 In force Legislative Instrument

Legislation content

 

Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022

made under subsection 42J(4) of the

Mutual Recognition Act 1992.

Compilation No. 2

Compilation date: 1 July 2025

Includes amendments: F2024L00538

About this compilation

This compilation

This is a compilation of the Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022 that shows the text of the law as amended and in force on 1 July 2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

 

1  Name

3  Authority

4  Definitions

5  Notification for automatic deemed registration

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

 

 

 

1  Name

  This instrument is the Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022.

3  Authority

  This instrument is made under subsection 42J(4) of the Mutual Recognition Act 1992.

4  Definitions

  In this instrument:

Act means the Mutual Recognition Act 1992.

5  Notification for automatic deemed registration

  The following registrations are registrations for which notification under subsection 42J(1) of the Act is required:

 (a) a registration under the Architects Act 2004 of Western Australia;

 (b) a bookmaker’s licence, bookmaker’s employee licence or bookmaker’s manager licence under the Betting Control Act 1954 of Western Australia;

 (c) a registration as an adjudicator or review adjudicator under the Building and Construction Industry (Security of Payment) Act 2021 of Western Australia;

 (d) a registration under the Building Services (Registration) Act 2011 of Western Australia as any one of the following:

 (i) a building practitioner;

 (ii) a building surveying practitioner level 1 or 2;

 (iii) a building surveying practitioner technician;

 (iv) a painting practitioner;

 (v) a building contractor (individual);

 (vi) a building surveying contractor level 1 or 2 (individual);

 (vii) a painting contractor (individual);

 (viii) a building engineering practitioner, structural — professional, technologist or associate;

 (ix) a building engineering practitioner, fire safety — professional;

 (x) a building engineering practitioner, fire systems — technologist or associate;

 (xi) a building engineering contractor — professional (individual), technologist (individual) or associate (individual);

 (xii) a building engineering contractor, fire systems — technologist (individual) or associate (individual);

 (xiii) a building engineering practitioner, civil — professional, technologist or associate;

 (xiv)  a building engineering practitioner, mechanical — professional, technologist or associate;

 (e) a casino employee licence or casino key employee licence under the Casino Control Act 1984 of Western Australia;

 (f) a registration as a contestant or industry participant under the Combat Sports Act 1987 of Western Australia;

 (g) an accreditation as a contaminated sites auditor under the Contaminated Sites Act 2003 of Western Australia;

 (h) a fireworks contractor licence under the Dangerous Goods Safety (Explosives) Regulations 2007 of Western Australia;

 (j) a licence under the Debt Collectors Licensing Act 1964 of Western Australia;

 (k) a licence under the Employment Agents Act 1976 of Western Australia;

 (l) a licence as a driver under the Environmental Protection (Controlled Waste) Regulations 2004 of Western Australia;

 (m) an approval as a food safety auditor under the Food Act 2008 of Western Australia;

 (n) a certificate under section 88 of the Gaming and Wagering Commission Act 1987 of Western Australia;

 (o) a permit or authorisation under the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 of Western Australia;

 (p) a technician’s licence or provisional licence under the Health (Pesticides) Regulations 2011 of Western Australia;

 (q) a licence under the Land Valuers Licensing Act 1978 of Western Australia;

 (r) a licence under the Licensed Surveyors Act 1909 of Western Australia;

 (s) an approval as an approved unrestricted manager or approved restricted manager under the Liquor Control Act 1988 of Western Australia;

 (t) a vehicle dealer’s licence, yard manager’s licence or salesperson’s licence under the Motor Vehicle Dealers Act 1973 of Western Australia;

 (u) a licence under the Motor Vehicle Drivers Instructors Act 1963 of Western Australia;

 (v) a business licence or repairer’s certificate under the Motor Vehicle Repairers Act 2003 of Western Australia;

 (w) a licence under the Pawnbrokers and Second-hand Dealers Act 1994 of Western Australia;

 (x) a plumbing contractor’s licence, tradesperson’s licence, tradesperson’s licence (drainage plumbing), provisional tradesperson’s licence, provisional tradesperson’s licence (drainage plumbing) or restricted plumbing permit under the Plumbers Licensing and Plumbing Standards Regulations 2000 of Western Australia;

 (y) a licence under section 42 of the Racing and Wagering Western Australia Act 2003 of Western Australia;

 (z) a licence or exemption under the Radiation Safety Act 1975 of Western Australia;

 (za) a real estate agent licence, business agent licence, real estate sales representative registration or business sales representative registration under the Real Estate and Business Agents Act 1978 of Western Australia;

 (zb) a heavy vehicle pilot licence under the Road Traffic (Vehicles) Regulations 2014 of Western Australia;

 (zc) a real estate settlement agent’s licence or business settlement agent’s licence under the Settlement Agents Act 1981 of Western Australia;

 (zd) a passenger transport driver authorisation under the Transport (Road Passenger Services) Act 2018 of Western Australia;

 (ze) an accreditation as an accredited assessor, Class 1 demolition licence or Class 2 demolition licence under the Work Health and Safety (General) Regulations 2022 of Western Australia.

 

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

 

 

Endnote 2—Abbreviation key

ad = added or inserted

orig = original

am = amended

par = paragraph(s)/subparagraph(s)

amdt = amendment

/subsubparagraph(s)

c = clause(s)

pres = present

C[x] = Compilation No. x

prev = previous

Ch = Chapter(s)

(prev…) = previously

def = definition(s)

Pt = Part(s)

Dict = Dictionary

r = regulation(s)/rule(s)

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expires/expired or ceases/ceased to have

rep = repealed

effect

rs = repealed and substituted

F = Federal Register of Legislation

s = section(s)/subsection(s)

gaz = gazette

Sch = Schedule(s)

LA = Legislation Act 2003

Sdiv = Subdivision(s)

LIA = Legislative Instruments Act 2003

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

cannot be given effect

SubCh = SubChapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

o = order(s)

commenced or to be commenced

Ord = Ordinance

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022

1 July 2022 (F2022L00931)

1 July 2022

 

Mutual Recognition Amendment (Automatic Deemed Registration Notification — Western Australia) Determination 2024

14 May 2024 (F2024L00538)

Sch 1: 1 July 2024

Sch 2: 1 July 2025

--

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

Paragraph 5(d)

rs F2024L00538

Paragraph 5(d) (xiii)

ad F2024L00538

Paragraph 5(d) (xiv)

ad F2024L00538

 

 

 

Overview

The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022 was enacted to streamline and facilitate the process of automatic deemed registration for certain professional and occupational registrations in Western Australia. This legislative instrument, made under subsection 42J(4) of the Mutual Recognition Act 1992, aims to address the administrative burden associated with the notification requirements for automatic deemed registration of various professions and occupations across state borders within Australia. By specifying the types of registrations that necessitate notification under subsection 42J(1) of the Act, the determination helps to ensure that professionals and occupations in Western Australia can seamlessly operate in other states that have mutual recognition agreements, thereby fostering a more cohesive and efficient national regulatory framework. This determination was enacted by the relevant legislature under the authority of the Mutual Recognition Act 1992, which seeks to provide a consistent and coordinated approach to the regulation of professions and occupations across Australian states and territories. The primary policy objective of the determination is to enhance the ease of doing business for professionals by reducing the administrative hurdles associated with registration notifications, thereby promoting a more integrated and streamlined regulatory environment.

Scope and Application

The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022, made under subsection 42J(4) of the Mutual Recognition Act 1992, specifies the particular types of registrations in Western Australia that require notification for automatic deemed registration. This instrument outlines the specific registrations under various acts and regulations in Western Australia that necessitate notification to ensure compliance with the mutual recognition framework. The determination applies to registrations in sectors such as architecture, betting, construction, food safety, gaming, liquor, motor vehicles, real estate, and work health and safety, among others. This legislative instrument is designed to facilitate the recognition of professional and occupational qualifications across different jurisdictions in Australia, thereby streamlining the registration process for qualified individuals in specified roles. The application of this determination is confined to the Commonwealth and the state of Western Australia, as it pertains to the mutual recognition of registrations under Western Australian laws. There are no specific exclusions mentioned in the determination, but the scope is limited to the registrations explicitly listed in the determination. The application of this determination may be further extended or restricted through subordinate instruments, although no such instruments are mentioned in the provided text.

Key Provisions

The Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022, made under subsection 42J(4) of the Mutual Recognition Act 1992, outlines the specific registrations that require notification for automatic deemed registration in Western Australia. The determination specifies that certain registrations, such as those under the Architects Act 2004, Betting Control Act 1954, Building and Construction Industry (Security of Payment) Act 2021, and others, necessitate notification under subsection 42J(1) of the Act. These include registrations for architects, bookmaker’s licences, adjudicators, building practitioners, and various other professional and trade licences within Western Australia. The Act imposes obligations on entities and individuals who hold these specified registrations to notify the relevant authorities of their qualifications and compliance status. This notification is essential for the automatic deemed registration process, ensuring that professionals and tradespeople can operate across state borders with their qualifications recognised without additional registration hurdles. It is mandatory for the registrants to provide accurate and up-to-date information, as required by the determination, to facilitate the automatic deemed registration process. Failure to comply with the notification requirements can lead to significant consequences. While the determination itself does not explicitly detail penalties, breaches of the Mutual Recognition Act 1992 can result in both civil and criminal penalties. Under the Act, unauthorised practice of a regulated profession can incur substantial fines and potential imprisonment. For instance, an individual found practising without the necessary registration could face fines of up to $55,000 and imprisonment for up to two years. Furthermore, corporations could be fined up to $275,000 for similar breaches, reflecting the serious nature of non-compliance with these regulatory requirements.

Legal classification tags

Area of Law
Mutual Recognition
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Regulatory Standards
Licensing & Registration
Notification Requirements

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.