EXPLANATORY STATEMENT
Mutual Recognition Act 1992
Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021
This explanatory statement provides notes on the operation of the Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021 (the Declaration). The specific provisions in the Declaration are outlined in Attachment A. The information in the explanatory statement is an aid to understanding the Declaration and should not be substituted for the Declaration.
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 declarations that exclude temporarily certain registrations from ADR for a period of up to 12 months from commencement of the provision. The Legislation Act 2003 of the Commonwealth provides for the making of legislative instruments.
Summary
Through this Declaration, the Treasurer of the Northern Territory has temporarily excluded registration from ADR for the period from commencement of the provision in the MRA to 30 June 2022.
Consultation
The Northern Territory did not conduct consultation in preparing the Declaration as the Treasurer of the Northern Territory considered it impractical in the short timeframe available. In preparing the Declaration, the Treasurer of the Northern Territory 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 of persons likely affected.
Details of the Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021
Part 1 – Preliminary
The Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021 (the Declaration) is made in accordance with paragraph 42T(1)(a) of the Mutual Recognition Act 1992 of the Commonwealth (the MRA). The purpose of the Declaration is to temporarily exempt registrations made under the Auctioneers Act 1935 from the ADR provisions of the MRA.
All licences issued under the Auctioneers Act 1935 are temporarily excluded from ADR. This means that an individual cannot carry on the activities authorised under these registrations in the Northern Territory without first obtaining that registration. An individual may obtain a license issued under the Auctioneers Act 1935 under Part 3 of the MRA.
As the Declaration is a registrable instrument for the purposes of the Legislation Act 2003 of the Commonwealth, the Declaration comes into operation on the day after the day it is registered on the Federal Register of Legislation.
Michael Gunner
Treasurer
Overview
The Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021 (the Declaration) is a legislative instrument made under the Mutual Recognition Act 1992, which aims to address the temporary exemption of auctioneers' registrations from Automatic Deemed Registration (ADR) in the Northern Territory. The Declaration was enacted by the Treasurer of the Northern Territory and came into effect from the date it was registered on the Federal Register of Legislation, as mandated by the Legislation Act 2003. The purpose of this legislation is to temporarily exclude auctioneers' licences issued under the Auctioneers Act 1935 from the ADR provisions of the Mutual Recognition Act 1992, ensuring that individuals cannot carry out activities authorised under these registrations in the Northern Territory without obtaining a relevant registration. This temporary measure is intended to provide a safeguard during a specified period, up until 30 June 2022, while considering outcomes from public consultation and expert information.
Scope and Application
The Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021 operates under the authority of the Mutual Recognition Act 1992 of the Commonwealth, which facilitates the automatic mutual recognition of occupational registrations through Automatic Deemed Registration (ADR). This Declaration specifically targets the temporary exemption of auctioneer registrations made under the Auctioneers Act 1935 from the ADR provisions of the MRA. It applies to all licences issued under the Auctioneers Act 1935 and excludes them from ADR, thereby preventing an individual from carrying on activities authorised by these registrations in the Northern Territory without first obtaining the relevant registration. Although the Declaration is a registrable instrument under the Legislation Act 2003 of the Commonwealth, it comes into effect the day after it is registered on the Federal Register of Legislation. This exemption is in place from the commencement of the Declaration until 30 June 2022, as determined by the Treasurer of the Northern Territory.
Key Provisions
The Mutual Recognition (Automatic Deemed Registration Temporary Exemption for Auctioneers – Northern Territory) Declaration 2021 operates under section 42T(1)(a) of the Mutual Recognition Act 1992 (MRA) to temporarily exempt certain auctioneers' registrations from the Automatic Deemed Registration (ADR) provisions in the MRA. Specifically, all licences issued under the Auctioneers Act 1935 are excluded from ADR, meaning that individuals cannot automatically carry on auctioneering activities in the Northern Territory without first obtaining a local registration (section 1(2)). This exemption applies from the commencement of the Declaration until 30 June 2022.
The obligations imposed by the Declaration require that auctioneers who wish to operate in the Northern Territory must apply for a local licence under the MRA, specifically under Part 3 of the MRA, rather than relying on their existing licences from other jurisdictions. This ensures that the Northern Territory can maintain its regulatory standards and oversight for auctioneering activities within its borders.
Breach of the Declaration's provisions, specifically by operating as an auctioneer without the required local registration, could result in legal consequences. Although the explanatory statement does not specify exact penalties, violations of the MRA can generally lead to civil or criminal penalties, including fines and potential imprisonment. The exact penalties would depend on the specific breach and relevant jurisdictional laws.
It is important to note that the Declaration is a registrable instrument under the Legislation Act 2003 of the Commonwealth and comes into operation the day after it is registered on the Federal Register of Legislation. This ensures that the legal framework is properly documented and accessible to all relevant parties.