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

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Legislation au F2021L00934 Not in force Legislative Instrument

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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).

Overview

The Mutual Recognition (Automatic Deemed Registration Temporary Exemption—Northern Territory) Declaration 2021 was enacted under section 42T of the Mutual Recognition Act 1992 (MRA) to temporarily exempt certain occupational registrations from Automatic Deemed Registration (ADR) in the Northern Territory until 30 June 2022. This instrument was introduced to address the gap where certain professional registrations required by the Northern Territory were automatically recognised in other states under the ADR provisions, potentially bypassing local regulatory requirements. The MRA allows for the automatic mutual recognition of occupational registrations across Australian states and territories, but certain registrations can be temporarily exempted from ADR to safeguard public safety and local regulatory standards. The Declaration was made by the Treasurer of the Northern Territory, Michael Gunner, without conducting additional consultation due to the short timeframe available, though it considered public consultation outcomes, expert information, and stakeholder positions from an earlier exposure draft period. The policy objective of this instrument is to ensure that professionals wishing to carry out certain activities in the Northern Territory obtain the necessary local registrations, thereby maintaining the integrity and specificity of local regulatory standards.

Scope and Application

The Mutual Recognition (Automatic Deemed Registration Temporary Exemption—Northern Territory) Declaration 2021 operates under section 42T of the Mutual Recognition Act 1992, and it is designed to temporarily exempt specific occupational registrations from the Automatic Deemed Registration process, which facilitates the mutual recognition of occupational registrations across states. The Declaration applies to certain registrations from various acts and applies to the Northern Territory. This instrument ensures that certain professional and trade licences and registrations cannot be automatically recognised in the Northern Territory without first being obtained through the appropriate Northern Territory authority. This temporary exemption runs until 30 June 2022, during which time professionals and tradespeople must seek local registration to operate within the Northern Territory. The Declaration includes a detailed schedule of the specific registrations that are exempt from Automatic Deemed Registration, covering a broad range of occupations from fisheries to teaching. The Declaration was not subject to consultation due to the short timeframe in which it was prepared, but the Treasurer considered the outcomes of previous consultations and expert advice in its preparation. The instrument is a registrable instrument under the Legislation Act 2003 and came into operation on the day following its registration on the Federal Register of Legislation.

Key Provisions

The Mutual Recognition (Automatic Deemed Registration Temporary Exemption—Northern Territory) Declaration 2021, made under section 42T of the Mutual Recognition Act 1992 (MRA), outlines the specific registrations that are temporarily excluded from the automatic mutual recognition of occupational registrations (AMR) in the Northern Territory. This means that individuals who hold registrations in other states or territories cannot automatically carry out activities in the Northern Territory under these registrations without first obtaining a Northern Territory-specific registration (Schedule, paragraph 42T(1)(a) MRA). The excluded registrations include various licences and approvals such as those for fisheries, firearms, commercial passenger vehicles, electrical work, and more. The Declaration imposes obligations on individuals and entities seeking to carry out activities in the Northern Territory that require the excluded registrations. They must obtain the corresponding registration from the Local Registration Authority as outlined in Part 3 of the MRA, ensuring compliance with Northern Territory regulations and standards. This requirement is crucial for maintaining the safety and quality of services provided in the Northern Territory, as these activities are subject to specific local laws and oversight. Breach of the provisions outlined in the Declaration could lead to legal consequences. Specifically, carrying out activities in the Northern Territory under an excluded registration without obtaining the required Northern Territory registration can result in penalties. While the exact penalties are not specified in the explanatory statement, they would typically be determined by Northern Territory laws applicable to the specific activity in question. Enforcement actions may include fines, cessation orders, or other corrective measures to ensure compliance with the Declaration and Northern Territory regulations.

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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.