Mutual Recognition Act 1992

No. 198, 1992

Compilation No. 10

Compilation date: 1 May 2025

Includes amendments: F2024L00016

About this compilation

This compilation

This is a compilation of the Mutual Recognition Act 1992 that shows the text of the law as amended and in force on 1 May 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.

Editorial changes

For more information about any editorial changes made in this compilation, see 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.

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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary 1

1 Short title 1

2 Commencement 1

3 Principal purpose 1

3A Simplified outline of this Act 1

4 Interpretation 3

5 Application of this Act to States 7

6 Operation of this Act 8

7 Crown bound 8

Part 2—Goods 9

8 Mutual recognition—goods 9

9 Entitlement to sell goods 9

10 Requirements that do not need to be complied with 9

11 Requirements that do need to be complied with 10

12 Defences to offences regarding sale 11

13 Goods that comply with local law 12

14 Permanent exemptions 12

15 Temporary exemptions 12

Part 3—Occupations 13

Division 1—Preliminary 13

16 Mutual recognition—equivalent occupations 13

17 Entitlement to carry on equivalent occupation 13

18 Application of this Part 14

Division 2—Entitlement to registration for equivalent occupations 15

19 Notification to local registration authority 15

20 Entitlement to registration and continued registration 16

21 Action following notice 17

22 Postponement of registration 18

23 Refusal of registration 18

24 Notification of decision 19

Division 3—Interim arrangements 20

25 Interim deemed registration 20

26 Duration of interim deemed registration 20

27 Activities under interim deemed registration 21

Division 4—Equivalent occupations 23

28 Equivalent occupations 23

29 General principles 23

30 Declarations as to equivalent occupations 23

31 Declarations by Tribunal 24

32 Declarations by Ministers 25

Division 5—General provisions 26

33 Disciplinary action 26

34 Review of decisions 27

35 Costs 27

36 Residence or domicile 27

37 Furnishing information 28

38 Receiving information 28

39 General responsibilities of local registration authorities 29

40 Fees 29

41 Formalities requiring personal attendance 30

42 Saving 30

Part 3A—Automatic deemed registration to carry on activities covered by occupations 31

Division 1—Preliminary 31

42A Mutual recognition—activities covered by occupations 31

42B Entitlement to carry on activities covered by occupations in a second State 32

42C Application of this Part 32

Division 2—Entitlement to automatic deemed registration 34

42D Entitlement to automatic deemed registration 34

42E Person may carry on activities in second State 36

42F Conditions on automatic deemed registration 37

42G When automatic deemed registration ends 37

42H Operation of State laws regarding registration 38

42J Notification for automatic deemed registration 39

42K No fee for automatic deemed registration 40

42L Evidence of automatic deemed registration 41

42M Disciplinary action in relation to automatic deemed registration 42

42N Notifying other local registration authorities of suspension or cancellation 43

42P Notifying other local registration authorities of other disciplinary action 45

42Q Formalities requiring personal attendance 47

42R Effect of automatic deemed registration on obligations in other States 47

Division 3—General provisions 48

42S Exempting registrations because of significant risk to consumer protection etc. 48

42T Exempting registrations temporarily 49

42U Person providing information about home State to local registration authority 50

42V Local registration authorities providing and receiving information 50

42W General responsibilities of local registration authorities 52

42X Saving 52

Part 4—General 53

43 This Act does not confer judicial power on State local registration authorities or tribunals etc. 53

44 Application of mutual recognition principle 53

45 Machinery provisions regarding limitations etc. 53

46 Determining place of production 54

46A Application of amendments made by the Mutual Recognition Amendment Act 2021 54

47 Amendment of Schedules 55

Schedule 1—Permanent exemptions: goods 56

Schedule 2—Permanent exemptions: laws relating to goods 57

Endnotes 61

Endnote 1—About the endnotes 61

Endnote 2—Abbreviation key 63

Endnote 3—Legislation history 64

Endnote 4—Amendment history 66

An Act to provide for the recognition within each State and Territory of the Commonwealth of regulatory standards adopted elsewhere in Australia regarding goods, occupations and activities

1 Preliminary

1 Short title

This Act may be cited as the Mutual Recognition Act 1992.

2 Commencement

The provisions of this Act commence on a day or days to be fixed by Proclamation.

3 Principal purpose

The principal purpose of this Act is to enact legislation authorised by the Parliaments of States under paragraph (xxxvii) of section 51 of the Commonwealth Constitution, and requested by the legislatures of the Australian Capital Territory and the Northern Territory, for the purpose of promoting the goal of freedom of movement of goods and service providers in a national market in Australia.

3A Simplified outline of this Act

The purpose of this Act is to promote the goal of freedom of movement of goods and service providers in a national market in Australia.

Part 2 allows goods that have been produced in or imported into a first State to be sold in a second State without needing to comply with certain requirements in the second State (such as requirements relating to the standards of the goods or the way the goods are presented). Goods may be permanently or temporarily exempted from the application of that Part.

Part 3 provides for individuals who are registered for an occupation in one State to be registered for, and carry on the activities of, an equivalent occupation in a second State. Ministers from 2 or more States may determine which occupations are equivalent between their States.

Part 3A provides for individuals who are registered for an occupation in their home State to carry on activities covered by their home State occupation in a second State. The activities are carried on in the second State under automatic deemed registration. A State Minister may exempt registrations from automatic deemed registration because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public.

The mutual recognition principle underlies each of Parts 2, 3 and 3A.

The power to enact this Act is provided by:

the States referring to the Parliament of the Commonwealth the power to enact this Act as originally enacted or subsequently amended, under paragraph 51(xxxvii) of the Commonwealth Constitution; and

the States adopting this Act as originally enacted or subsequently amended, under paragraph 51(xxxvii) of the Commonwealth Constitution; and

section 122 of the Commonwealth Constitution (which deals with Territories).

4 Interpretation 1

In this Act, unless the contrary intention appears:

activity means an activity authorised to be carried on under an occupation that requires registration.

automatic deemed registration has the meaning given by subsection 42D(3).

commencement day, for a State, means:

the day this definition commences (unless paragraph (b) applies); or

(b) for a State that is a pre-adoption State on the day this definition commences—the day the State adopts this Act, as amended by the Mutual Recognition Amendment Act 2021.

conditions, when used in relation to occupations or registration, means conditions, limitations or restrictions.

covers: an occupation covers an activity if a person must be registered for the occupation to carry on the activity.

equivalent, when used in relation to occupations, has a meaning affected by Division 4 of Part 3.

first State:

in, and in relation to, Part 2—has the meaning given by subsection 8(2); and

in, and in relation to, Part 3—has the meaning given by subsection 16(2).

goods means goods of any kind, and includes: animals; or a package containing goods; or a label attached to goods. grant, when used in relation to registration, means grant, issue or otherwise confer registration.

animals; or

a package containing goods; or

a label attached to goods.

grant, when used in relation to registration, means grant, issue or otherwise confer registration.

home State has the meaning given by subsections 42A(3) and (4).

home State registration has the meaning given by paragraph 42D(1)(b).

import means import from outside Australia.

interim deemed registration has the meaning given by subsection 25(2).

labelling of goods includes any means by which, at the point of sale, information is attached to goods or is displayed in relation to goods without being attached to them.

local registration authority of a State for an occupation means the person or authority in the State having the function conferred by legislation of registering persons in connection with their carrying on that occupation in the State.

mutual recognition matters has the same meaning as in the Mutual Recognition (New South Wales) Act 1992 (NSW).

mutual recognition principle:

Note: Local registration authorities are given additional functions under this Act.

as applying to goods—has the meaning given by subsection 8(1); and

as applying to occupations that are equivalent—has the meaning given by subsection 16(1); and

as applying to activities covered by occupations—has the meaning given by subsection 42A(1).

occupation means an occupation, trade, profession or calling of any kind that may be carried on only by registered persons, where registration is wholly or partly dependent on the attainment or possession of some qualification (for example, training, education, examination, experience, character or being fit or proper), and includes a specialisation in any of the above in which registration may be granted.

participating jurisdiction has the meaning given by subsection 5(4).

pre-adoption State means a State (other than a Territory) that is a participating jurisdiction, but which has not done either of the following: (a) before the enactment of the Mutual Recognition Amendment Act 2021, referred the mutual recognition matters to the Parliament of the Commonwealth to the extent of the making of laws with respect to those matters by making express amendments to this Act; (b) adopted this Act, as amended by the Mutual Recognition Amendment Act 2021.

(a) before the enactment of the Mutual Recognition Amendment Act 2021, referred the mutual recognition matters to the Parliament of the Commonwealth to the extent of the making of laws with respect to those matters by making express amendments to this Act;

(b) adopted this Act, as amended by the Mutual Recognition Amendment Act 2021.

principal place of residence of a person means the place of residence or home that the person primarily occupies, on an ongoing and permanent basis, as the person’s settled or usual home.

principal place of work of a person means the place in which the person primarily carries on that occupation.

produce includes to manufacture, and also includes to harvest or otherwise produce in the course of any form of primary production.

public protection requirement means a requirement regarding insurance, fidelity funds, trust accounts, minimum financial requirements or the like that is designed to protect the public, clients, customers or others.

registration includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for carrying on an occupation.

registration fee has the meaning given by subsection 42K(2).

requirements:

when used in relation to goods, means requirements, prohibitions, restrictions or conditions; and

when used in relation to secrecy, privacy or confidentiality, means laws, binding administrative arrangements, directions or other limitations, protections or processes.

second State:

in, and in relation to, Part 2—has the meaning given by subsection 8(2); and

in, and in relation to, Part 3—has the meaning given by subsection 16(2); and

in, and in relation to, Part 3A—has the meaning given by subsection 42A(2).

second State occupation has the meaning given by paragraph 42D(1)(c).

sell includes sell by wholesale or retail, and includes distribute for sale, expose or offer for sale or have in possession for sale or agree to sell, and includes barter, and includes supply by way of exchange, lease, hire or hire-purchase.

State includes the Australian Capital Territory or the Northern Territory.

substantive registration means registration under a law of a State, but does not include interim deemed registration or automatic deemed registration.

Tribunal means the Administrative Review Tribunal.

vulnerable person character test means a character test or a fit or proper person test conducted for the purposes of determining whether a person may carry on an activity in relation to children, young people or vulnerable people.

(2) This Act is to be interpreted in accordance with the Acts Interpretation Act 1901 as in force at the date on which this Act receives the Royal Assent.

5 Application of this Act to States 1

This Act applies to a State, but only while it is a participating jurisdiction.

Accordingly, a reference in this Act to a State is a reference to a State that is a participating jurisdiction.

Effect of amendments to this Act on pre-adoption States

(3) Despite subsections (1) and (2), the amendments of this Act made by the Mutual Recognition Amendment Act 2021 do not apply to a pre-adoption State.

Note: Two versions of this Act will apply in Australia unless all States refer or adopt this Act as amended by the Mutual Recognition Amendment Act 2021.

The amended version of this Act applies in the Australian Capital Territory, the Northern Territory and any State that, before those amendments commence, refers power to the Commonwealth under paragraph 51(xxxvii) of the Commonwealth Constitution to enact the amendments made by the Mutual Recognition Amendment Act 2021.

The unamended version of this Act continues to apply to any pre-adoption State unless that State adopts those amendments.

Definition of participating jurisdiction

(4) A participating jurisdiction is:

a State (other than a Territory) for which there is in force an Act of its Parliament that, for the purposes of paragraph 51(xxxvii) of the Commonwealth Constitution:

refers to the Parliament of the Commonwealth the power to enact this Act as originally enacted; or

adopts this Act as originally enacted, whether with or without subsequent amendments; or

a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that:

requests the Parliament of the Commonwealth to enact this Act as originally enacted; or

enables this Act as originally enacted, whether with or without subsequent amendments, to apply in relation to the Territory.

6 Operation of this Act 1

Nothing in this Act affects the operation of any other law of the Commonwealth.

This Act does not limit the operation of a law of a State so far as it can operate concurrently with this Act.

7 Crown bound

Subject to section 5, this Act binds the Crown in right of the Commonwealth and of each of the States.

2 Goods

8 Mutual recognition—goods 1

(1) The mutual recognition principle as applying to goods is as set out in this Part.

(2) This Part deals with goods produced in or imported into a State (the first State) and their sale in another State (the second State).

9 Entitlement to sell goods

The mutual recognition principle is that, subject to this Part, goods produced in or imported into the first State, that may lawfully be sold in that State either generally or in particular circumstances, may, because of this Act, be sold in the second State either generally or in particular circumstances (as the case may be), without the necessity for compliance with further requirements as described in section 10.

10 Requirements that do not need to be complied with

The further requirements referred to in section 9 are any one or more of the following requirements relating to sale that are imposed by or under the law of the second State:

a requirement that the goods satisfy standards of the second State relating to the goods themselves, including, for example, requirements relating to their production, composition, quality or performance;

a requirement that the goods satisfy standards of the second State relating to the way the goods are presented, including, for example, requirements relating to their packaging, labelling, date stamping or age;

a requirement that the goods be inspected, passed or similarly dealt with in or for the purposes of the second State;

a requirement that any step in the production of the goods not occur outside the second State;

any other requirement relating to sale that would prevent or restrict, or would have the effect of preventing or restricting, the sale of the goods in the second State.

11 Requirements that do need to be complied with 1

The mutual recognition principle is subject to the exceptions specified in this section.

The first exception is that the principle does not affect the operation of any laws of the second State that regulate the manner of the sale of goods in the second State or the manner in which sellers conduct or are required to conduct their business in the second State (including laws set out in the examples below), so long as those laws apply equally to goods produced in or imported into the second State.

Examples: Laws relating to the following:

the contractual aspects of the sale of goods;

the registration of sellers or other persons carrying on occupations;

the requirement for business franchise licences;

the persons to whom goods may or may not be sold;

the circumstances in which goods may or may not be sold.

The second exception is that the principle does not affect the operation of any laws of the second State regarding the transportation, storage or handling of goods within the State, so long as:

those laws apply equally to goods produced in or imported into the second State; and

those laws are directed at matters affecting health and safety of persons in the second State or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the second State.

The third exception is that the principle does not affect the operation of any laws of the second State regarding the inspection of goods within the State, so long as:

inspection or the requirement for inspection is not a prerequisite to the sale of the goods in the second State; and

those laws apply equally to goods produced in or imported into the second State; and

those laws are directed at matters affecting the health and safety of persons in the second State or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the second State.

12 Defences to offences regarding sale 1

It is a defence to a prosecution for an offence against a law of the second State in relation to the sale of any goods if the defendant expressly claims that the mutual recognition principle applies and establishes that:

the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into the first State; and

the defendant had no reasonable grounds for suspecting that they were not so produced or imported.

The defence is not available if the prosecution proves that the mutual recognition principle did not apply in the circumstances of the alleged offence (because, for example, the goods did not comply with requirements imposed by the law of the first State).

Any relevant presumptions or evidentiary procedures under the law of the first State are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2).

Any relevant defences under the law of the first State are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2).

This section does not affect any defence that is available apart from this section.

13 Goods that comply with local law 1

Nothing in this Part prevents goods from being sold in the second State if (apart from this Act) they comply with the relevant requirements imposed by or under the law of the second State.

Nothing in this Part requires the labelling of goods as mentioned in section 12 if (apart from this Act) they comply with the relevant requirements imposed by or under the law of the second State.

14 Permanent exemptions 1

This Part does not apply to goods described in Schedule 1.

This Part does not affect the operation of laws described in Schedule 2.

Unless otherwise stated in Schedule 2, a law described in that Schedule includes any amendment or replacement of that law, but only to the extent that the amendment or replacement deals with the same subject-matter.

15 Temporary exemptions 1

This Part does not apply to the sale in the second State of goods, or affect laws of the second State, for the time being declared by or under an Act or regulation of the State to be goods or laws to which this section applies.

Any such exemptions have effect only if they are substantially for the purpose of protecting the health and safety of persons in the State or preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the State.

No such exemption operates (together with the period of any previous exemption) for longer than a period of 12 months or an aggregate period of 12 months.

3 Occupations 1 Preliminary

16 Mutual recognition—equivalent occupations 1

(1) The mutual recognition principle as applying to occupations that are equivalent is as set out in this Part.

Note: Part 3A provides for mutual recognition of activities covered by occupations.

(2) This Part deals with the ability of a person who is registered for an occupation in a State (the first State) to carry on an equivalent occupation in another State (the second State).

17 Entitlement to carry on equivalent occupation 1

The mutual recognition principle is that, subject to this Part, a person who is registered in the first State for an occupation is, by this Act, entitled after notifying the local registration authority of the second State for the equivalent occupation:

to be registered in the second State for the equivalent occupation; and

pending such registration, to carry on the equivalent occupation in the second State.

However, the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an occupation in the second State, so long as those laws:

apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and

are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.

18 Application of this Part 1

This Part applies to individuals and occupations carried on by them.

This Part extends to an occupation carried on by an individual, where the individual is subject to more than one system of registration or more than one local registration authority in a State, and accordingly this Part applies in relation to each such system of registration and each such authority.

Without limiting subsection (2), an example of such an occupation is that of a legal practitioner, which involves both the admission as a legal practitioner by a court and the issue of a practising certificate by another body.

2 Entitlement to registration for equivalent occupations

19 Notification to local registration authority 1

A person who is registered in the first State for an occupation that is equivalent to an occupation in the second State may lodge a written notice with the local registration authority of the second State for the equivalent occupation, seeking registration for the equivalent occupation in accordance with the mutual recognition principle.

The notice must:

state that the person is registered for the occupation in the first State and specify that State; and

state the occupation for which registration is sought and that it is being sought in accordance with the mutual recognition principle; and

specify each State in which the person has substantive registration for an equivalent occupation; and

specify each State in which the person has interim deemed registration to carry on an equivalent occupation; and

specify each State in which the person has automatic deemed registration to carry on an activity covered by the occupation referred to in paragraph (b); and

state that the person is not the subject of disciplinary proceedings in any State (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to those occupations; and

state that the person’s registration (including interim deemed registration and automatic deemed registration) in any State is not cancelled or currently suspended as a result of disciplinary action; and

state that the person is not otherwise personally prohibited from carrying on any such occupation in any State, and is not subject to any conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any State; and

specify any conditions to which the person is subject in carrying on any such occupation in any State.

Note: For paragraph (cb), one or more steps must be taken before automatic deemed registration begins (see subsections 42D(3) and (4)).

The notice must be accompanied by a document that is either the original or a copy of the instrument evidencing the person’s existing registration (or, if there is no such instrument, by sufficient information to identify the person and the person’s registration).

As regards the instrument evidencing the person’s existing registration, the person must certify in the notice that the accompanying document is the original or a complete and accurate copy of the original.

The statements and other information in the notice must be verified by statutory declaration or another method agreed to by the local registration authority.

The local registration authority may permit the notice to be amended after it is lodged.

20 Entitlement to registration and continued registration 1

A person who lodges a notice in accordance with section 19 with a local registration authority of the second State is entitled to be registered in the equivalent occupation, as if the law of the second State that deals with registration expressly provided that registration in the first State is a sufficient ground of entitlement to registration.

The local registration authority may grant registration on that ground and may grant renewals of such registration.

Once a person is registered on that ground, the entitlement to registration mentioned in subsection (1) continues, whether or not registration (including any renewal of registration) ceases in the first State.

Continuance of the registration is otherwise subject to the laws of the second State, to the extent to which those laws:

apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and

are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.

To avoid doubt, a law imposing a public protection requirement is not a law based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.

The local registration authority may impose conditions on the registration, but may not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they are conditions that apply to the person’s registration in the first State or that are necessary to achieve equivalence of occupations.

This section has effect subject to this Part.

21 Action following notice 1

Registration mentioned in subsection 20(1) must be granted within one month after the notice is lodged with the local registration authority in accordance with section 19.

When granted, the registration takes effect as from the date the notice was lodged.

However, the local registration authority may, subject to this Part and within one month after the notice was lodged, postpone or refuse the grant of registration.

If the local registration authority neither grants the registration nor takes action in accordance with subsection (3) within the period of one month after the notice is lodged, the person is entitled to registration as mentioned in subsection 20(1) immediately at the end of that period and no objection may be taken to the notice on any of the grounds on which refusal or postponement may be effected, except where fraud is involved.

22 Postponement of registration 1

A local registration authority may postpone the grant of registration mentioned in subsection 20(1) if:

any of the statements or information in the notice as required by section 19 are materially false or misleading; or

any document or information as required by subsection 19(3) has not been provided or is materially false or misleading; or

the circumstances of the person lodging the notice have materially changed since the date of the notice or the date it was lodged; or

the authority decides that the occupation in which registration is sought is not an equivalent occupation.

If the grant of registration has been postponed, the local registration authority may in due course grant or refuse the registration.

The local registration authority may not postpone the grant of registration for longer than a period of 6 months, and the person is entitled to registration as mentioned in subsection 20(1) immediately at the end of that period, unless the registration was refused at or before the end of that period.

Nothing in subsection (3) prevents earlier registration mentioned in subsection 20(1) from being granted on a review by the Tribunal.

23 Refusal of registration 1

A local registration authority may refuse the grant of registration mentioned in subsection 20(1) if:

any of the statements or information in the notice as required by section 19 are materially false or misleading; or

any document or information as required by subsection 19(3) has not been provided or is materially false or misleading; or

the authority decides that the occupation in which registration is sought is not an equivalent occupation and equivalence cannot be achieved by the imposition of conditions.

A decision to refuse to grant the registration on the ground that the occupation in which registration is sought is not an equivalent occupation takes effect at the end of a specified period (not less than 2 weeks) after the person is notified of the decision, unless it has been previously revoked or there is an application for review to the Tribunal, in which case the Tribunal may make whatever orders it considers appropriate.

24 Notification of decision

A local registration authority must give the person who lodges a notice in accordance with section 19 a notice in writing of its decision to grant registration, or to postpone or refuse the grant of registration, or to impose conditions on registration, in accordance with this Division.

3 Interim arrangements

25 Interim deemed registration 1

A person who lodges a notice in accordance with section 19 with a local registration authority of a State is, pending the grant or refusal of registration in accordance with Division 2, taken to be registered as provided in section 20.

(2) Such registration is called interim deemed registration in this Act.

Interim deemed registration in one State does not of itself provide a basis for registration in another State.

26 Duration of interim deemed registration 1

A person’s interim deemed registration in the second State continues until it is cancelled or suspended or otherwise ceases in accordance with this Part.

A person’s interim deemed registration in the second State ceases if the person becomes substantively registered in the State in connection with the occupation concerned.

A person’s interim deemed registration in the second State ceases if the local registration authority of the State refuses to grant registration, subject to any determination of the Tribunal.

A person’s interim deemed registration in the second State ceases if the person ceases to be substantively registered in every other State mentioned in the notice as required by paragraph 19(2)(c).

A local registration authority of the second State may cancel a person’s interim deemed registration in the second State if the person requests cancellation.

Interim deemed registration is not affected by postponement of the grant of substantive registration.

27 Activities under interim deemed registration 1

A person who has interim deemed registration in the second State may carry on the occupation in the second State as if the interim deemed registration were substantive registration in the second State.

However, the person may do so only:

within the limits conferred by the person’s substantive registration in the first State; and

within the limits conferred by the person’s interim deemed registration in the second State; and

subject to any conditions or undertakings applying to the person’s registration in the first State, unless waived by the local registration authority of the second State in accordance with this section; and

subject to any conditions applying to the person’s interim deemed registration.

Without limiting anything in this Division:

the person may not carry on the occupation in the second State without complying with any public protection requirements; and

a person who has interim deemed registration in an occupation in the second State is subject to any disciplinary provisions and arrangements that are applicable to persons who are substantively registered in that State; and

references in the law of the second State to persons registered in an occupation under the law of that State (however expressed) extend to persons who have interim deemed registration for the occupation.

However, the local registration authority of the second State may waive any condition imposed under the law of the first State, or any undertaking given to the local registration authority of the first State, if it thinks it appropriate in the circumstances.

The local registration authority of the second State may impose conditions as if interim deemed registration were substantive registration, but it must not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they correspond to conditions or undertakings that apply to the person’s registration in the first State or that are necessary to achieve equivalence of occupations.

4 Equivalent occupations

28 Equivalent occupations

The equivalence of occupations carried on in different States is to be determined in accordance with this Part.

29 General principles 1

An occupation for which persons may be registered in the first State is taken to be equivalent to an occupation for which persons may be registered in the second State if the activities authorised to be carried out under each registration are substantially the same (whether or not this result is achieved by means of the imposition of conditions).

Conditions may be imposed on registration in accordance with this Part so as to achieve equivalence between occupations in different States.

This section has effect subject to any relevant declarations in force under this Division.

30 Declarations as to equivalent occupations 1

This Part is to be given effect in accordance with relevant declarations (if any) made under this Division regarding equivalent occupations.

If a declaration made by the Tribunal and a declaration made by Ministers are inconsistent, the ministerial declaration prevails.

A declaration under this Part does not affect the registration of any person already registered (except in the case of a declaration made by the Tribunal in relation to that person specifically).

31 Declarations by Tribunal 1

On a review, the Tribunal may make an order that a person who is registered in a particular occupation in a particular State is or is not entitled to registration in another State in a particular occupation, and may specify or describe conditions that will achieve equivalence.

On such a review, the Tribunal may make a declaration that occupations carried on in 2 States are not equivalent, but only if the Tribunal is satisfied that:

the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or

registration in one State should not entitle registered persons to carry on a particular activity or class of activity in the other State, where:

the activity or class of activity is a material part of the practice of a person registered in the first State for the occupation; and

the activity or class of activity, if carried out by a person not conforming to the appropriate standards, could reasonably be expected to expose persons in the other State to a real threat to their health or safety or could reasonably be expected to cause significant environmental pollution (including air, water, noise or soil pollution); and

iii

it is not practicable to protect the health or safety of such persons from that threat or the environment from such pollution by regulating the manner in which services in the occupation are provided.

(3) The Chief Executive Officer and Principal Registrar or other proper officer of the Tribunal must cause a notice setting out the terms of a declaration under this section to be promptly published in the Gazette.

A declaration made on the basis of paragraph (2)(b) has effect for no longer than 12 months, and the local registration authority must promptly notify appropriate authorities in each other State and the Commonwealth of the declaration.

The local registration authority is to give effect to the decision on the review, and must thereafter act in conformity with the decision in relation to other persons seeking registration.

32 Declarations by Ministers 1

(1) A Minister from each of 2 or more States may jointly declare, by notice in the Gazette, that specified occupations are equivalent, and may specify or describe conditions that will achieve equivalence.

The declaration may be amended or rescinded in the same way.

The declaration has effect only in relation to the States concerned.

The appropriate local registration authority is to give effect to the declaration.

5 General provisions

33 Disciplinary action 1

If a person’s registration in an occupation in a State:

is cancelled or suspended; or

is subject to a condition;

on disciplinary grounds, or as a result of or in anticipation of criminal, civil or disciplinary proceedings, then the person’s registration in the equivalent occupation in another State is affected in the same way.

However, the local registration authority of the other State may reinstate any cancelled or suspended registration or waive any such condition if it thinks it appropriate in the circumstances.

If:

a person’s registration for an occupation in a State is cancelled, suspended or subject to a condition; and

the local registration authority for the occupation in the State knows that the person is registered for an equivalent occupation in another State;

the local registration authority must, without delay, inform the local registration authority for the equivalent occupation of the cancellation, suspension or condition.

Subsection (2A) applies despite any requirements relating to secrecy, privacy or confidentiality.

Nothing in this section affects any obligation or power to provide information apart from this section.

This section extends to registration effected apart from this Act, but does not apply to any automatic deemed registration.

Note: For rules relating to cancellations etc. in relation to automatic deemed registrations, see sections 42G and 42M.

This section has effect despite any other provisions of this Part.

34 Review of decisions 1

(1) Subject to the Administrative Review Tribunal Act 2024, application may be made to the Tribunal for review of a decision of a local registration authority in relation to its functions under this Part, subsection 42F(3), paragraph 42G(2)(b) or subsection 42M(2).

In subsection (1):

decision has the same meaning as in the Administrative Review Tribunal Act 2024.

If a local registration authority gives a person written notice of the making of a decision referred to in subsection (1), the notice must include a statement to the effect that:

(a) subject to the Administrative Review Tribunal Act 2024, application for review of the decision may be made to the Tribunal by a person whose interests are affected by the decision; and

the person may, under section 268 of that Act, request a statement of reasons for the decision.

Any failure to comply with subsection (3) does not affect the validity of the decision.

35 Costs

The Tribunal may order a party in proceedings before it to pay costs if the party has acted unreasonably.

36 Residence or domicile

Residence or domicile in a particular State is not to be a prerequisite for or a factor in entitlement to the grant, renewal or continuation of registration arising as a result of this Part.

37 Furnishing information 1

A local registration authority of a State must furnish, as soon as reasonably practicable, any information reasonably required by a local registration authority of another State about a person substantively registered under a law of the first-mentioned State.

The obligation imposed in accordance with this section does not apply unless the authority of the other State notifies the authority of the first-mentioned State that the information is required in connection with:

a notice lodged in accordance with section 19 by the person seeking registration in the other State; or

the person’s interim deemed registration in the other State; or

actual or possible disciplinary action against the person.

The authority of the first-mentioned State may provide the information, despite any requirements relating to secrecy, privacy or confidentiality.

Nothing in this section affects any obligation or power to provide information apart from this section.

38 Receiving information

If a local registration authority receives information in relation to a person under section 33 or 37:

the information is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and

the local registration authority may use the information for the purposes of the person’s substantive registration (whether under this Part or otherwise), interim deemed registration or automatic deemed registration, in the State.

39 General responsibilities of local registration authorities

Facilitating operation of this Part

It is the duty of each local registration authority to facilitate the operation of this Part in relation to the occupations for which the authority is responsible, and in particular to make use of the power to impose conditions in such a way as to promote the mutual recognition principle.

Guidelines and information

It is the duty of each local registration authority to prepare and make available guidelines and information regarding the operation of this Part in relation to the occupations for which the authority is responsible.

Without limiting subsection (2), it is the duty of each local registration authority in a State to make publicly available information about how personal information may be used by the authority for the purposes of this Part.

40 Fees 1

A local registration authority has power to impose fees in relation to substantive or interim deemed registration or the continuance of registration arising as a result of this Part, but any such fees may not be greater than are applicable for registration apart from this Part.

Nothing in this section prevents the fixing or prescribing of fees referred to in this section under any other law of a State, but the fees may not be greater than can be imposed in accordance with this section.

The local registration authority may impose a condition on substantive or interim deemed registration arising as a result of this Part to the effect that a person may not carry out activities under registration unless a fee or other payment has been paid, but such a condition may not be imposed unless it corresponds to a requirement attaching to registration apart from this Part.

This section does not authorise the imposition of a tax.

41 Formalities requiring personal attendance 1

Neither substantive or interim deemed registration, nor entitlement to registration, as a result of this Part requires compliance with any statutory or other formalities requiring personal attendance in the second State for the purposes of becoming registered.

This section applies to formalities that would otherwise have to be complied with before, at or after registration.

42 Saving

Nothing in this Part prevents a person from seeking registration or being registered for an occupation under a law apart from this Part.

Note: A person may, in accordance with Part 3A, have automatic deemed registration to carry on an activity covered by an occupation, or may alternatively have substantive registration under a State law.

3A Automatic deemed registration to carry on activities covered by occupations 1 Preliminary

42A Mutual recognition—activities covered by occupations 1

(1) The mutual recognition principle as applying to activities covered by occupations is as set out in this Part.

Note 1: Part 3 provides for mutual recognition of occupations that are equivalent.

Note 2: For the definition of activity, see subsection 4(1).

(2) This Part deals with the ability of a person who is registered for an occupation in the person’s home State to carry on an activity covered by an occupation in another State (the second State).

(3) The home State for a person for an occupation is either of the following in which the person is registered for the occupation (other than because of this Part):

the State in which the person has their principal place of residence;

the State in which the person has their principal place of work for the occupation.

If the person’s home State under paragraphs (a) and (b) in relation to an occupation is different, the person’s home State is whichever of the 2 States is chosen by the person.

(4) A person can continue to claim their previous home State for an occupation as their home State for the occupation if:

the person moves their principal place of residence or principal place of work for the occupation to another State; and

the person continues to be registered for the occupation in their previous home State; and

the person has interim deemed registration in the other State for an equivalent occupation.

Note 1: Interim deemed registration in one State does not of itself provide a basis for registration in another State (see subsection 25(3)).

Note 2: A reference in this Part to a State does not include a reference to a pre-adoption State, unless the expression “any State” is used (see subsection 42C(3)).

42B Entitlement to carry on activities covered by occupations in a second State 1

The mutual recognition principle is that, subject to this Part, a person who is authorised to carry on an activity covered by an occupation in the person’s home State is entitled to carry on that activity in the second State if the activity is covered by an occupation in the second State.

However, the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an activity covered by the occupation in the second State, so long as those laws:

apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and

are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation.

42C Application of this Part 1

This Part applies to individuals, and activities carried on by them that are covered by occupations.

If, in relation to an activity covered by an occupation, an individual is subject to:

more than one system of registration in a State; or

more than one local registration authority in a State;

this Part applies in relation to each of those systems of registration or each of those authorities.

References to States

A reference in this Part to a State does not include a reference to a pre-adoption State, unless the expression “any State” is used.

2 Entitlement to automatic deemed registration

42D Entitlement to automatic deemed registration 1

This section applies if:

a person is authorised to carry on an activity covered by an occupation in their home State; and

(b) the person is registered (the home State registration) for that occupation in their home State; and

(c) to carry on the activity in the second State, the person would have to be registered in the second State for an occupation (the second State occupation).

Automatic deemed registration

For the purposes of carrying on the activity in the second State, the person is taken:

to be registered in the second State for the second State occupation; and

to have any additional registration required to carry on the activity in the second State.

(3) The registration (or registrations) the person has because of subsection (2) is automatic deemed registration, which has effect once the person:

meets any requirements covered by paragraphs (4)(f) to (h); or

if no such requirements apply—begins to carry on the activity in the second State.

Note: This does not authorise the person to carry on every activity in the second State covered by the second State occupation. Automatic deemed registration authorises in the second State only activities the person is authorised to carry on in their home State.

Exceptions to automatic deemed registration

However, subsection (2) does not apply if:

the person:

is the subject of criminal, civil or disciplinary proceedings in any State (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) in relation to an occupation that covers the activity; and

the person has been informed or is otherwise aware of those proceedings; or

any registration the person is required to have to carry on the activity, or an occupation that covers the activity, in any State is cancelled or currently suspended as a result of disciplinary action; or

the person is otherwise personally prohibited from carrying on the activity, or an occupation that covers the activity, or is subject to any conditions in carrying on the activity, as a result of criminal, civil or disciplinary proceedings in any State; or

the person is refused registration in any State for an occupation that covers the activity; or

the person is authorised otherwise than under this Part to carry on the activity in the second State; or

the person fails to meet any public protection requirements required by the law of the second State before carrying on the activity, or while they are carrying on the activity, or fails to provide evidence of meeting those requirements; or

if the law of the second State requires a vulnerable person character test to be satisfied to carry on the activity—the person fails to satisfy the test, or fails to provide evidence of satisfying the test; or

if a determination under section 42J requires the person to notify the local registration authority for the second State occupation:

the person fails to notify the authority; or

if the person’s home State changes—the person fails to notify the authority of the change; or

the person fails to give any information:

required under section 42U; or

as required by, or in accordance with, a law of the second State that relates to carrying on the activity.

Note: In addition, sections 42S (exempting registrations because of significant risk to consumer protection etc.) and 42T (exempting registrations temporarily) provide for States to exempt a specified registration from the operation of this Part.

Automatic deemed registration does not create entitlement to other registrations

Automatic deemed registration in one State does not of itself provide a basis for registration in another State.

42E Person may carry on activities in second State 1

To avoid doubt, a person who has automatic deemed registration to carry on an activity is entitled to carry on the activity in the second State to the same extent that the person is authorised to carry on the activity in their home State.

(2) However, subject to this Division, the carrying on by the person of the activity in the second State is subject to the laws of the second State, to the extent that those laws:

apply equally to all persons carrying on or seeking to carry on the activity under the law of the second State; and

are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the activity.

To avoid doubt, a law imposing a public protection requirement or requiring a vulnerable person character test is not a law based on the attainment or possession of some qualification or experience relating to fitness to carry on activities.

Note: A person will not have automatic deemed registration if they do not meet or satisfy relevant public protection requirements or a relevant vulnerable person character test (see paragraphs 42D(4)(f) and (g)).

42F Conditions on automatic deemed registration 1

A person’s automatic deemed registration to carry on an activity is subject to:

any condition or undertaking to which the person’s home State registration is subject; and

if the person requires additional registration to carry on the activity in their home State—any condition or undertaking to which that additional registration is subject.

Note: See also section 45 (machinery provisions regarding limitations etc.).

Any such condition or undertaking is taken to be imposed by the second State.

If the local registration authority for the second State occupation thinks it appropriate to do so in the circumstances, the authority may waive a condition or undertaking imposed because of subsection (1).

Note: Application may be made to the Tribunal for review of a decision under this subsection (see subsection 34(1)).

The second State (including the local registration authority for the second State occupation) must not impose any additional individual conditions on the person’s automatic deemed registration.

Note: Subsection (4) does not prevent general conditions from applying in relation to the person’s automatic deemed registration (see subsection 42E(2)).

42G When automatic deemed registration ends 1

A person’s automatic deemed registration to carry on an activity ends if:

the person is no longer authorised to carry on the activity in their home State; or

a circumstance covered by subsection 42D(4) (exceptions to automatic deemed registration) occurs in relation to the person; or

the person becomes substantively registered for the second State occupation; or

the automatic deemed registration is cancelled or suspended under subsection (2) of this section.

Without limiting subsection 42M(1), a local registration authority in the second State for an occupation that covers an activity may:

cancel a person’s automatic deemed registration to carry on the activity in that State if the person requests the cancellation; or

cancel or suspend a person’s automatic deemed registration if the person provides false or misleading information to a local registration authority in any State.

Note 1: Application may be made to the Tribunal for review of a decision under this paragraph (b) (see subsection 34(1)).

Note 2: See also section 42N (notifying other local registration authorities of suspension or cancellation).

42H Operation of State laws regarding registration

References to persons who are registered

A reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by the occupation.

For the purpose of any law of a State, a person who has automatic deemed registration in the State is taken:

to have had the registration conferred by operation of the law of the State; and

not to have had the registration conferred by the operation of this Part.

Note: One effect of this provision is that a decision of a local registration authority in a State in relation to a person’s automatic deemed registration is generally reviewable in accordance with the Acts of that State.

References to registration in other States

If a law of a State refers to a person’s registration (however described) in another State, the reference does not include a reference to automatic deemed registration.

In this section:

a reference to registration includes a reference to previous registration; and

a reference to automatic deemed registration includes a reference to previous automatic deemed registration.

42J Notification for automatic deemed registration 1

If a Minister of a State makes a determination under subsection (4) in relation to a registration for an activity covered by an occupation, a person who intends to carry on the activity in the State in reliance on automatic deemed registration must notify the local registration authority for the occupation before the person begins to carry on the activity.

Note: The person does not have automatic deemed registration without making the notification if it is required (see subparagraph 42D(4)(h)(i)).

Limitation on notifications

The local registration authority must not require notification of anything that is not required by section 19 for the occupation that covers the activity, other than evidence of meeting relevant public protection requirements or satisfying a relevant vulnerable person character test.

Note: For public protection requirements that must be met, see paragraph 42D(4)(f), and for any vulnerable person character test that must be satisfied, see paragraph 42D(4)(g).

No fee is payable to the local registration authority in relation to the notification.

Determination by Minister

A Minister of a State may, by legislative instrument, determine one or more registrations for which notification is required by subsection (1).

Note: The determination is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act).

(5) Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a determination under subsection (4) of this section.

42K No fee for automatic deemed registration 1

A person must not be required to pay a registration fee in the second State in relation to the person’s automatic deemed registration to carry on an activity.

Note: The local registration authority must also not charge a fee in relation to notifying the authority that the person intends to rely on automatic deemed registration (see subsection 42J(3)).

(2) A registration fee is:

a fee (however described) that is required to be paid before a person is registered, or to continue a person’s registration (for example, on an anniversary of the person’s registration); or

a fee (however described) that is payable to a local registration authority for an occupation to generally support compliance activities by the local registration authority (or any other person) in relation to the person’s automatic deemed registration, other than:

a fine, penalty or legal costs; or

a fee that is payable for a specific and identifiable compliance action taken in relation to carrying on an activity;

but does not include a fee relating to public protection requirements or a vulnerable person character test.

Example: A fee (however described) that is charged to pay for an inspector to provide a certificate of compliance is not a registration fee as it is payable for a specific and identifiable compliance action taken in relation to carrying on an activity.

42L Evidence of automatic deemed registration

Evidence of registration

For the purposes of a law of the second State, if a person has automatic deemed registration to carry on an activity in the second State:

evidence of the person’s home State registration is taken to be evidence of the person’s automatic deemed registration to carry on the activity in the second State (even if the evidence has been issued by the second State); and

if the person is relying on evidence from the person’s home State, the person must comply with any requirement of the law of the second State to provide evidence of the person’s registration to the extent possible.

Note: For example, a requirement in a second State for a person’s registration number to be shown in the person’s advertising would be complied with by the person showing their home State registration number in the advertising.

Licences etc.

Despite any law of a State:

a local registration authority in the State for an occupation that covers an activity is not required to give a person any evidence of the person’s automatic deemed registration (such as a licence, approval or certification) to carry on the activity; but

the local registration authority may give the person such evidence of the person’s automatic deemed registration.

If the person is not given such evidence, the person is taken, for the purposes of a law of the State, to hold a licence, approval or certification or other evidence of registration for the activity.

Registers

Despite any law of a State:

a local registration authority in the State for an occupation that covers an activity is not required to include a person’s name on a register (however described) if the person has automatic deemed registration to carry on the activity; but

the local registration authority may include on the register the person’s name, and any other information authorised or required to be on the register.

If the person’s name is not included on the register, the person’s name (and other information) is taken, for the purposes of a law of the State, to be included on the register.

42M Disciplinary action in relation to automatic deemed registration

Impact of disciplinary action in relation to automatic deemed registration

If a person’s automatic deemed registration in a State:

is cancelled or suspended on disciplinary grounds; or

ends as a result of or in anticipation of criminal, civil or disciplinary proceedings;

then any substantive or interim deemed registration the person has in another State for an occupation that covers the activity is affected in the same way.

Note 1: Cancellation or suspension on disciplinary grounds and other prohibitions on carrying on an occupation, or activities covered by an occupation, can prevent a person from having, or continuing to have, automatic deemed registration (see paragraphs 42D(4)(a) to (d)).

Note 2: A person who has automatic deemed registration to carry on an activity in the second State is subject to any disciplinary provisions and arrangements that are applicable to persons who are otherwise registered for the occupation in that State (see subsections 42E(2) and 42H(1) and (2)).

Note 3: This also means that a decision of a local registration authority in a State in relation to a person’s automatic deemed registration is generally reviewable in accordance with the Acts of that State.

However, the local registration authority of the other State may reinstate any cancelled or suspended substantive or interim deemed registration if it thinks it appropriate in the circumstances.

Note: Application may be made to the Tribunal for review of a decision under this subsection (see subsection 34(1)).

Determination by Minister

For the purposes of taking action in relation to automatic deemed registration, a Minister of a State may, with the consent of a Minister of another State, determine officers or authorities (however described) of the other State that are taken to be officers or authorities for the purposes of a law of the first-mentioned State.

For the purposes of obtaining the consent of the other State, a person authorised by the Minister of the first-mentioned State may provide information to a person authorised by a Minister of the other State. The information may be given despite any requirements relating to secrecy, privacy or confidentiality.

A person that receives information under subsection (4) is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the person’s State.

42N Notifying other local registration authorities of suspension or cancellation 1

(1) This section applies if a local registration authority (the second State authority) in the second State suspends or cancels a person’s automatic deemed registration to carry on an activity.

Providing information of suspension or cancellation

(2) The second State authority must, without delay, notify all other local registration authorities for occupations that cover the activity in all other States of the following:

the person’s name and address;

information identifying the person’s automatic deemed registration;

the fact that disciplinary action was taken to suspend or cancel the automatic deemed registration (unless the cancellation was done at the request of the person as mentioned in paragraph 42G(2)(a));

whether the suspension or cancellation would be subject to an appeal;

information relating to the reason for taking the action;

if the registration is suspended—the period of the suspension;

any information requested by another local registration authority to:

determine whether a person’s registration for an occupation should be reinstated; or

ensure completeness of its registers.

The other local registration authorities must notify the second State authority of any other information reasonably required in relation to the suspension or cancellation.

Registers and publication

The second State authority must:

record the suspension or cancellation in any register in which the second State authority records other suspensions or cancellations of registrations; and

publish notice of the suspension or cancellation in accordance with any law that requires the local registration authority to publish suspensions or cancellations of registrations.

Any other local registration authority may also:

update its registers accordingly; and

publish information about the suspension or cancellation in accordance with any law that requires the other local registration authority to publish suspensions or cancellations of registrations.

Application of this section

Information may be provided under this section despite any requirements relating to secrecy, privacy or confidentiality.

Nothing in this section affects any obligation or power to provide information apart from this section.

Receiving information

A local registration authority that receives information under this section:

is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and

may use the information for the purposes of the person’s registration (whether under this Act or otherwise) in the State.

42P Notifying other local registration authorities of other disciplinary action 1

This section applies if:

(a) a local registration authority (the second State authority) in the second State is aware of disciplinary action (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) that is being taken in relation to a person’s automatic deemed registration to carry on an activity; and

the person has been informed of the action.

Providing information of disciplinary action

(2) The second State authority must, without delay, notify all other local registration authorities for occupations that cover the activity in all other States of the following:

the person’s name and address;

information identifying the person’s automatic deemed registration;

the fact that disciplinary action (including any preliminary investigations or action that might lead to criminal, civil or disciplinary proceedings) is being taken in relation to the automatic deemed registration;

whether suspension or cancellation of the automatic deemed registration would be subject to an appeal;

information relating to the reason for taking or considering the action.

Application of this section

Information may be provided under this section despite any requirements relating to secrecy, privacy or confidentiality.

Nothing in this section affects any obligation or power to provide information apart from this section.

Receiving information

A local registration authority that receives information under this section:

may use the information for the purposes of the person’s registration (whether under this Act or otherwise) in the State.

42Q Formalities requiring personal attendance

Neither automatic deemed registration, nor entitlement to automatic deemed registration, requires compliance with any statutory or other formalities (whether before or after the automatic deemed registration begins) requiring personal attendance in the second State for the purposes of becoming registered.

42R Effect of automatic deemed registration on obligations in other States

Unless the contrary intention appears, if a law of the second State imposes an obligation on a person who has automatic deemed registration to carry on an activity in that State, the person is not required to comply with the obligation in relation to any other State.

Note: For example, the law of the second State requires a registered person to keep a record of workers who are employed by the person. The obligation does not apply in relation to workers who are employed by the person to work solely outside the second State.

3 General provisions

42S Exempting registrations because of significant risk to consumer protection etc. 1

(1) A Minister of a State (the declaration State) may declare, by legislative instrument, that:

a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration; or

a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration on the basis of a specified registration in one or more other specified States;

if the Minister is satisfied that the declaration is necessary because of a significant risk, arising from circumstances or conditions in the declaration State, to:

consumer protection; or

the environment; or

animal welfare; or

the health or safety of workers or the public.

Note: The declaration is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act).

The declaration must include a statement explaining the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public.

The declaration has effect only in relation to the declaration State.

The local registration authority in the declaration State for the occupation concerned is to give effect to the declaration.

(5) Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a declaration under subsection (1) of this section.

That Act applies, in relation to a declaration under subsection (1), as if the reference to tenth anniversary in subsection 50(1) of that Act were a reference to fifth anniversary.

Note: The effect of subsection (6) is that the declaration sunsets under the Legislation Act 2003 after 5 years (instead of 10 years).

Declaration not to give preference

A declaration under subsection (1) is invalid to the extent that it gives preference (within the meaning of section 99 of the Commonwealth Constitution) to one State or part of a State over another State or part of a State.

42T Exempting registrations temporarily 1

(1) A Minister of a State (the declaration State) may declare, before the end of 6 months after this section commences, by legislative instrument, that:

a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration; or

Note: The declaration is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act).

Declarations under this section have effect only in relation to the declaration State.

The local registration authority in the declaration State for the occupation concerned is to give effect to the declarations.

Unless revoked earlier a declaration under subsection (1) is repealed at the end of 12 months after this section commences.

Declaration not to give preference

A declaration under subsection (1) is invalid to the extent that it gives preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State.

42U Person providing information about home State to local registration authority

A local registration authority in a State for an occupation that covers an activity may require a person who has automatic deemed registration to carry on the activity in the State to provide evidence of one or more of the following:

the person’s current place of residence;

the person’s principal place of residence;

the person’s current place of work;

the person’s principal place of work.

42V Local registration authorities providing and receiving information 1

(1) This section applies if the local registration authority (the second State authority) of the second State requires information from a local registration authority in another State in connection with a person’s automatic deemed registration.

The local registration authority of the other State must give, as soon as reasonably practicable, any information reasonably required about the person, including the following information:

the person’s name and address;

information identifying the person’s home State registration;

information relating to any civil, criminal or disciplinary action taken against the person;

information relating to conditions on the person’s home State registration;

information relating to actual or possible disciplinary action against the person.

When this section applies

The obligation imposed in accordance with this section does not apply unless the second State authority notifies the local registration authority of the other State that the information is required in connection with:

the person’s automatic deemed registration in the second State; or

actual or possible disciplinary action against the person.

The local registration authority of the other State may give the information despite any requirements relating to secrecy, privacy or confidentiality.

Nothing in this section affects any obligation or power to provide information apart from this section.

Use of information

Information given under subsection (2):

is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were given from within the second State; and

may be used by the second State authority in connection with:

the person’s registration in the second State (including actual or possible disciplinary action against the person); or

a notice lodged by the person in accordance with section 19 seeking registration in the second State.

42W General responsibilities of local registration authorities

Facilitating operation of this Part

It is the duty of each local registration authority in a State to facilitate the operation of this Part in relation to the occupations covering activities for which the authority is responsible.

Guidelines and information

It is the duty of each local registration authority in a State to prepare and make available guidelines and information regarding the operation of this Part in relation to the occupations covering activities for which the authority is responsible.

The guidelines and information under subsection (2) or (3) are to be available within 6 months of the commencement day for the State.

42X Saving

Nothing in this Part prevents a person from seeking registration or being registered to carry on an activity under a law apart from this Part.

4 General

43 This Act does not confer judicial power on State local registration authorities or tribunals etc. 1

This Act has no effect to the extent (if any) to which it purports to confer judicial power on a local registration authority, or a tribunal or other body of a State (other than a Court of the State).

In this section:

judicial power means the judicial power of the Commonwealth referred to in section 71 of the Constitution.

44 Application of mutual recognition principle 1

The mutual recognition principle and the provisions of this Act may be taken into consideration in proceedings of any kind and for any purpose.

Nothing in this Act prevents a person from relying on the mutual recognition principle in relation to more than 2 States.

Note: The mutual recognition principle applies in relation to goods (see section 8), occupations that are equivalent (see section 16) and activities covered by occupations (see section 42A).

45 Machinery provisions regarding limitations etc. 1

If Part 3 provides that conditions or undertakings that apply or are relevant to registration in the first State also apply or are relevant to registration in the second State, they are to be construed with any necessary adaptations, including the following (where appropriate and so far as practicable):

references to the first State are to be read as references to the second State;

references to officers or authorities of the first State are to be read as references to the corresponding officers or authorities of the second State.

If Part 3A provides that conditions or undertakings that apply or are relevant to registration in the home State also apply or are relevant to automatic deemed registration in the second State, they are to be construed with any necessary adaptations, including the following (where appropriate and so far as practicable):

references to the home State are to be read as references to the second State;

references to officers or authorities of the home State are to be read as references to the corresponding officers or authorities of the second State.

46 Determining place of production 1

For the purpose of determining where goods are produced for the purposes of this Act, goods are taken to be produced in the State where the most recent step has occurred in the process of producing the goods (including, for example, processing, harvesting or packaging the goods).

Subsection (1) applies even though:

the process of production may be incomplete; or

some steps in the process have not yet been carried out; or

some steps in the process were carried out elsewhere, whether in another State or outside Australia; or

the goods or any components of the goods were imported.

46A Application of amendments made by the Mutual Recognition Amendment Act 2021 1

(1) The amendments of Mutual Recognition Amendment Act 2021 apply in relation to any notice given to a local registration authority in a State under that section after the commencement day for the State.section 19 made by Schedule 1 to the

(2) Mutual Recognition Amendment Act 2021, applies in relation to the carrying on of an activity in the State after the commencement day for the State.Part 3A of this Act, as inserted by Schedule 1 to the

(3) Section 43 of this Act, as inserted by Schedule 1 to the Mutual Recognition Amendment Act 2021, applies in relation to any conferral of power on a local registration authority, or a tribunal or other body of a State (whether before or after the commencement day for the State).

47 Amendment of Schedules 1

The Governor-General may make regulations amending the Schedules.

No such regulation may be made unless the designated person for each of the then participating jurisdictions has published a notice in the official gazette of the jurisdiction setting out the terms of the proposed regulation and requesting that it be made.

For the purposes of this section, the designated person for a State is the Governor, for the Australian Capital Territory is the Chief Minister and for the Northern Territory is the Administrator.

Permanent exemptions: goods

Subsection 14(1)

1. Firearms and other prohibited or offensive weapons.

2. Fireworks.

3. Gaming machines.

4. Pornographic material.

Permanent exemptions: laws relating to goods

Subsection 14(2)

1. A law of a State relating to quarantine, to the extent that:

2. A law of a State to the extent that it is enacted or made substantially for the purpose of protecting a species or other class of animals or plants from extinction in the State and that it prohibits or restricts the possession, sale, killing or capture of animals or plants of that species or other class in the State.

3. Ozone Protection Act 1991 of the Australian Capital Territory.

4. Weapons Act 1991 of the Australian Capital Territory.

5. Ozone Protection Act 1989 of New South Wales.

6. Clean Air Act 1963 of Queensland, Part 4A.

7. Hazardous Substances (Chlorofluorocarbons and Other Ozone Layer Depleting Substances) Regulation 1988 under the Health Act 1937-1988 of Queensland.

8. Beverage Container Act, 1975 of South Australia.

9. Clean Air Act, 1984 of South Australia, Part IIIA.

10. A law of Tasmania to the extent that it relates to the possession, sale or capture of abalone, crayfish or scallops of a certain minimum size.

11. Chlorofluorocarbons and other Ozone Depleting Substances Control Act 1988 of Tasmania.

12. Environment Protection Act 1970 of Victoria, section 16 (in relation to ozone depleting substances), paragraphs 41(2)(d) and 71(1)(gba).

13. Environmental Protection Regulations 1987 under the Environmental Protection Act 1986 of Western Australia.

14. Business Franchise (“X” Videos) Act 1990 of the Australian Capital Territory.

15. Classification of Publications Ordinance 1983 of the Australian Capital Territory.

16. Crimes Act, 1900 of the Australian Capital Territory, section 92NB.

17. Film Classification Act 1971 of the Australian Capital Territory.

18. Publications Control Act 1989 of the Australian Capital Territory.

19. Film and Video Tape Classification Act 1984 of New South Wales.

20. Indecent Articles and Classified Publications Act 1975 of New South Wales.

21. Classification of Publications, Films and Computer Games Act 1985 (NT).

22. Classification of Films Act 1991 of Queensland.

23. Classification of Publications Act 1991 of Queensland.

24. Classification of Films for Public Exhibition Act, 1971 of South Australia and regulations under the Act.

25. Classification of Publications Act, 1974 of South Australia and regulations under the Act.

26. Summary Offences Act, 1953 of South Australia, sections 33 and 35.

27. Classification of Publications Act 1984 of Tasmania.

28. Classification of Films and Publications Act 1990 of Victoria.

29. Censorship of Films Act 1947 of Western Australia.

30. Indecent Publications and Articles Act 1902 of Western Australia.

31. Video Tapes Classification and Control Act 1987 of Western Australia.

32. Waste Management and Pollution Control Act 1998 (NT).

33. Summary Offences Act 1953 of South Australia, section 9B.

the law (or a direction or instrument given or made under the law or some other action taken under the law) regulates or prohibits the bringing of specified goods into the State or into a defined area of the State; and

the State or area is substantially free of a particular disease, organism, variety, genetic disorder or any other similar thing; and

it is reasonably likely that the goods would introduce or substantially assist the introduction of the disease, organism, variety, disorder or other thing into the State or area; and

it is reasonably likely that that introduction would have a long-term and substantially detrimental effect on the whole or any part of the State.

34 Each of the following: a

(a) Part 2 of the Environment Protection (Beverage Containers and Plastic Bags) Act 2011 (NT);

all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

regulations made under that Act, to the extent that they relate to that scheme.

35 Each of the following: a

(a) Part 5 of the Waste Avoidance and Resource Recovery Act 2001 (NSW);

all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

instruments made under that Act, to the extent that they relate to that scheme.

36 Each of the following: a

(a) Waste Management and Resource Recovery Act 2016 (ACT);Part 10A of the

all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

regulations made under that Act, to the extent that they relate to that scheme.

37 Each of the following: a

(a) Waste Avoidance and Resource Recovery Act 2007 (WA);Part 5A of the

all other provisions of that Act, to the extent that they relate to the container deposit scheme established by that Part;

regulations or other instruments made under that Act, to the extent that they relate to that scheme.

38 Both of the following: a

(a) the Container Refund Scheme Act 2022 (Tas.);

regulations or other instruments made under that Act, to the extent that they relate to the container deposit scheme established by Part 2 of that Act.

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— E ndnote 2

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

Legislation history and amendment history— E ndnotes 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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

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 Legislation Act 2003.section 15V of the

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

Endnote 3—Legislation history

Endnote 4—Amendment history