Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015

Administered by Department of Employment and Workplace Relations

Legislation au F2015L01801 In force Legislative Instrument

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0EXPLANATORY STATEMENT

Mutual Recognition Act 1992

Subject:  Mutual Recognition Act 1992

Ministerial declaration in relation to motor vehicle repairer occupations (F2007L02692)

Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015

Background

The mutual recognition schemes were established by the 1992 Mutual Recognition

Agreement (MRA) between the Commonwealth and the state and territory governments and the 1996 Trans-Tasman Mutual Recognition Arrangement between parties to the MRA and New Zealand. Cooperative legislative schemes were subsequently established in all participating jurisdictions. The key pieces of legislation are the Mutual Recognition Act 1992 (Cth) and the Trans-Tasman Mutual Recognition Act 1997 (Cth and New Zealand).

 

In October 2006 the Council of Australian Governments (COAG) senior officials agreed to an update process for Ministerial Declarations to ensure they remain current. The Cross Jurisdictional Review Forum (the Forum), which has members from each jurisdiction, serves to oversee mutual recognition arrangements which include the maintenance of the ministerial declarations. The Commonwealth chairs the Forum and provides secretariat support for the Forum.

 

State and territory registration authorities have conducted a comprehensive examination and update of the schedule accompanying the Ministerial declaration in relation to motor vehicle repairer occupations (F2007L02692). A list of the registration authorities for motor vehicle repairer occupations is available at http://www.licencerecognition.gov.au/Pages/Authorities.aspx.  

 

Authority

Subsection 32(1) of the Mutual Recognition Act 1992 (the Act) provides that Ministers from two or more states and territories may jointly declare that specified occupations are equivalent, and may specify or describe any conditions necessary to achieve equivalence.

Subsection 32(2) of the Act also provides that a declaration may be amended or rescinded in the same way. In accordance with subsection 32(3) the declaration has effect only in relation to the States concerned.

Purpose and Operation

The Act provides for mutual recognition of regulatory standards across the states and territories of Australia relating to goods and occupations. In relation to occupations, the Act provides that people who are registered to work in an occupation in one jurisdiction are entitled to be registered to carry on work in an equivalent occupation in other jurisdictions where the occupation is regulated. Equivalence of particular licences can be declared by ministers under section 32 of the Act.

The purpose of this instrument is to make the Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015 (the Declaration) to declare the equivalent motor vehicle repairer licences across the states and territories. This instrument rescinds and replaces the Ministerial declaration in relation to motor vehicle repairer occupations made on 14 August 2007 (F2007L02692) (the 2007 Declaration).

This instrument is made as a result of a review of a series of declarations for a range of occupations. The review has been undertaken to maintain the accuracy of licence equivalence information contained in the 2007 Declaration.

Consultation

In 2014, the Commonwealth Department of Industry (then the responsible department for the administration of the Act) wrote to each state and territory government representative on the Forum requesting that they liaise with their relevant licensing authority to update the schedule to the 2007 Declaration. The relevant licensing authorities then consulted with their state and territory counterparts on any proposed changes and advised their Forum member when agreement was reached. The information provided by the licensing authorities is reflected in the Schedule to the Declaration.

Individual licence holders will not be adversely affected by the changes and therefore were not consulted.

Regulatory Impact

The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required for this instrument (decision ID 18861).

Parliamentary scrutiny

Amendments to declarations made pursuant to section 32 of the Act are not subject to disallowance (see item 27 to the table at subsection 44(2) of the Legislative Instruments Act 2003) or to sunsetting (see item 25 to the table at subsection 54(2) of the Legislative Instruments Act 2003).

Commencement

The instrument commences on the day after the day on which the instrument is registered on the Federal Register of Legislative Instruments.

Explanation of provisions

Section 1

Section 1 provides the title of the Declaration is the Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015.

Section 2

Section 2 provides the Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.

Section 3

Section 3 provides that the Declaration is made pursuant to section 32 of the Act.

Section 4

Section 4 provides that the 2007 Declaration is rescinded.

Section 5

Section 5 explains the table in Schedule A in regards to the declaration of occupations that are equivalent.

Schedule A

Notes

The Notes explain the operation and application of the table in Schedule A, the consequence of a licence not being included in the table and the frequency of review of declarations.

The key changes in the Declaration are:

  • The addition of rows 1 to 8 to reflect the new licence categories authorised under the Motor Dealers and Repairers Act 2013 and which were introduced on 1 December 2014.
  • The removal of the following rows (which appeared in the 2007 Declaration) as these licences are no longer issued:
    • Row 2 - Tradesperson Certificate - Automotive Electrician – Fixed Workshop & Mobile Workshop restricted to air conditioning work.
    • Row 3 - Tradesperson Certificate - Automotive Electrician – Fixed Workshop & Mobile Workshop restricted to electrical accessory fitting work.
    • Row 5 - Tradesperson Certificate – Motor Mechanic - Fixed Workshop & Mobile Workshop restricted to air conditioning work.
  • The removal of rows 26 and 35 of the 2007 Declaration as a licence is no longer required for this work in New South Wales.
  • The amendment of some rows to reflect new equivalent licence categories issued under the new Motor Dealers and Repairers Act 2013 (NSW). From 1 December 2014, this Act has replaced the Motor Vehicle Repairs Act 1980 (NSW).

 

Overview

The Mutual Recognition Act 1992 was enacted to facilitate the mutual recognition of regulatory standards across the states and territories of Australia, particularly in relation to goods and occupations. This Act allows Ministers from two or more states and territories to declare specified occupations as equivalent and to specify necessary conditions for achieving this equivalence. This legal framework is essential in ensuring that regulatory barriers are minimised, thereby enabling professionals to practice in multiple jurisdictions without undue bureaucratic hurdles. The purpose of this Act is to harmonise occupational standards and qualifications, thus supporting the free movement of skilled workers and fostering economic efficiency and consumer protection across state borders. The Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015 is an instrument made under the Mutual Recognition Act 1992. It was introduced to update the existing Ministerial declaration from 2007, ensuring that the equivalence of motor vehicle repairer licences remains accurate and current. This update reflects new legislative changes, such as the introduction of the Motor Dealers and Repairers Act 2013, and removes outdated licence categories that are no longer in use. This instrument aims to maintain the integrity and relevance of the mutual recognition arrangements for motor vehicle repairer occupations, ensuring that professionals can seamlessly transition between jurisdictions.

Scope and Application

The Mutual Recognition Act 1992 (Cth) pertains to the establishment of mutual recognition schemes that facilitate the equivalence of regulatory standards across Australian states and territories, particularly in relation to goods and occupations. The Act allows ministers from two or more states and territories to declare specified occupations as equivalent, thereby enabling individuals registered to work in an occupation in one jurisdiction to be registered to carry out the same occupation in other jurisdictions where it is regulated. This mutual recognition framework is essential for facilitating the free movement of qualified professionals across state and territory borders, thereby enhancing the efficiency and effectiveness of occupational regulation. The Act applies to individuals who seek to practice their occupation in states or territories other than the one in which they are originally registered, as well as to the licensing authorities responsible for regulating these occupations. Its jurisdiction extends nationally across all participating states and territories, ensuring a cohesive and unified regulatory environment for the specified occupations. The Act's application can be extended or modified through subordinate instruments, such as ministerial declarations, which outline the specific conditions and equivalences for particular occupations. The Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015, for instance, rescinds and replaces the previous Ministerial declaration from 2007, updating the list of equivalent motor vehicle repairer licences to reflect current legislative changes and occupational categories. This ongoing process ensures that the declarations remain current and reflective of the evolving regulatory landscape.

Key Provisions

The Mutual Recognition (Equivalence of Motor Vehicle Repairer Occupations) Declaration 2015 (the Declaration) is made pursuant to section 32 of the Mutual Recognition Act 1992 (the Act). This instrument declares the equivalent motor vehicle repairer licences across the states and territories, replacing the Ministerial declaration in relation to motor vehicle repairer occupations made on 14 August 2007 (F2007L02692) (the 2007 Declaration). The purpose of the Declaration is to maintain the accuracy of licence equivalence information in light of legislative changes in the participating jurisdictions. The Declaration is effective from the day after it is registered on the Federal Register of Legislative Instruments. The Act imposes certain obligations on the parties involved. Section 32 of the Act allows Ministers from two or more states and territories to jointly declare that specified occupations are equivalent and to specify any conditions necessary to achieve equivalence. This is the basis upon which the Declaration was made. The obligations of the state and territory registration authorities include the responsibility to consult with their counterparts and update the schedule to the Declaration to reflect legislative changes. Individual licence holders are not required to take any action as a result of the Declaration. There are no specific offences, penalties, or civil/criminal consequences for breach outlined in the Declaration itself. However, the authority for the Declaration stems from the Mutual Recognition Act 1992, which governs the mutual recognition schemes. Under this Act, failure to comply with a declaration could potentially lead to legal consequences, including fines and imprisonment, depending on the specific breach and the jurisdiction in which it occurs. The maximum penalties would be determined by the relevant state or territory legislation. The Declaration aims to ensure that motor vehicle repairers who are registered in one jurisdiction are recognised in other jurisdictions, thereby facilitating their ability to work across state and territory borders without additional registration hurdles.

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Regulatory Standards
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Declaration
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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.