Mutual Recognition (Automatic Deemed Registration Temporary Exemption—Northern Territory) Declaration 2021

EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Mutual Recognition (Automatic Deemed Registration Temporary Exemption—Northern Territory) Declaration 2021

This explanatory statement provides notes on the operation of the Declaration under section 42T of the Mutual Recognition Act 1992 (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 a number of registrations 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.

Attachment A

Details of the Mutual Recognition (Automatic Deemed Registration Temporary Exemption—Northern Territory) Declaration 2021

Part 1 – Preliminary

Declaration

This section outlines the authority through which the Declaration is made. The Declaration is made under section 42T of the Mutual Recognition Act 1992 of the Commonwealth (the MRA).

The purpose of the Declaration is to temporarily exempt specified registrations from the ADR provisions 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.

Schedule

The Declaration is made in accordance with paragraph 42T(1)(a) of the MRA. The specific registrations listed in the schedule 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 the registration listed from the Local Registration Authority through Part 3 of the MRA.

For the purposes of paragraph 42T(1)(a) of the MRA, the following registrations are excluded from the operation of ADR in the Northern Territory:

1. An approval under the Fisheries Act 1988
2. A licence under the Agents Licensing Act 1979
3. A licence under the Agricultural and Veterinary Chemicals (Control of Use) Act 2004
4. A licence under the Commercial Passenger (Road) Transport Act 1991
5. A licence under the Dangerous Goods Act 1998
6. A licence under the Electrical Workers and Contractors Act 1978
7. The following licences under the Firearms Act 1997
   1. a firearms dealer licence;
   2. a firearms armourer licence;
   3. a firearms instructor licence;
   4. a paintball operator licence;
   5. a paintball employee licence.
8. A pest management technician licence under the Medicines, Poisons and Therapeutic Goods Act 2012
9. A licence to drive a commercial passenger vehicle under the Motor Vehicles Act 1945
10. A licence under the Plumbers and Drainers Licensing Act 1983
11. A licence under the Waste Management and Pollution Control Act 1998
12. A drilling licence under the Water Act 1992
13. A registration under the Architects Act 1963
14. A registration under the Building Act 1993
15. A registration under the Construction Contracts (Security of Payments) Act 2004
16. A registration under the Electrical Workers and Contractors Act 1978
17. A registration under the Environment Protection Act 2019
18. A registration under the Licensed Surveyors Act 1983
19. A registration under the Plumbers and Drainers Licensing Act 1983
20. A registration under the Teacher Registration (Northern Territory) Act 2004
21. A registration under the Waste Management and Pollution Control Act 1998

Michael Gunner

Treasurer

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).