Commonwealth: Mutual Recognition Act 1992 (Cth)

Mutual Recognition Act 1992 No. 198, 1992 Compilation No. 9 Compilation date: 14 October 2024 Includes amendments: Act No. 39, 2024 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 14 October 2024 (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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 Short title 2 Commencement 3 Principal purpose 3A Simplified outline of this Act 4 Interpretation 5 Application of this Act to States 6 Operation of this Act 7 Crown bound Part 2—Goods 8 Mutual recognition—goods 9 Entitlement to sell goods 10 Requirements that do not need to be complied with 11 Requirements that do need to be complied with 12 Defences to offences regarding sale 13 Goods that comply with local law 14 Permanent exemptions 15 Temporary exemptions Part 3—Occupations Division 1—Preliminary 16 Mutual recognition—equivalent occupations 17 Entitlement to carry on equivalent occupation 18 Application of this Part Division 2—Entitlement to registration for equivalent occupations 19 Notification to local registration authority 20 Entitlement to registration and continued registration 21 Action following notice 22 Postponement of registration 23 Refusal of registration 24 Notification of decision Division 3—Interim arrangements 25 Interim deemed registration 26 Duration of interim deemed registration 27 Activities under interim deemed registration Division 4—Equivalent occupations 28 Equivalent occupations 29 General principles 30 Declarations as to equivalent occupations 31 Declarations by Tribunal 32 Declarations by Ministers Division 5—General provisions 33 Disciplinary action 34 Review of decisions 35 Costs 36 Residence or domicile 37 Furnishing information 38 Receiving information 39 General responsibilities of local registration authorities 40 Fees 41 Formalities requiring personal attendance 42 Saving Part 3A—Automatic deemed registration to carry on activities covered by occupations Division 1—Preliminary 42A Mutual recognition—activities covered by occupations 42B Entitlement to carry on activities covered by occupations in a second State 42C Application of this Part Division 2—Entitlement to automatic deemed registration 42D Entitlement to automatic deemed registration 42E Person may carry on activities in second State 42F Conditions on automatic deemed registration 42G When automatic deemed registration ends 42H Operation of State laws regarding registration 42J Notification for automatic deemed registration 42K No fee for automatic deemed registration 42L Evidence of automatic deemed registration 42M Disciplinary action in relation to automatic deemed registration 42N Notifying other local registration authorities of suspension or cancellation 42P Notifying other local registration authorities of other disciplinary action 42Q Formalities requiring personal attendance 42R Effect of automatic deemed registration on obligations in other States Division 3—General provisions 42S Exempting registrations because of significant risk to consumer protection etc. 42T Exempting registrations temporarily 42U Person providing information about home State to local registration authority 42V Local registration authorities providing and receiving information 42W General responsibilities of local registration authorities 42X Saving Part 4—General 43 This Act does not confer judicial power on State local registration authorities or tribunals etc. 44 Application of mutual recognition principle 45 Machinery provisions regarding limitations etc. 46 Determining place of production 46A Application of amendments made by the Mutual Recognition Amendment Act 2021 47 Amendment of Schedules Schedule 1—Permanent exemptions: goods Schedule 2—Permanent exemptions: laws relating to goods Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history 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 Part 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: (a) 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 (b) the States adopting this Act as originally enacted or subsequently amended, under paragraph 51(xxxvii) of the Commonwealth Constitution; and (c) 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: (a) 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: (a) in, and in relation to, Part 2—has the meaning given by subsection 8(2); and (b) in, and in relation to, Part 3—has the meaning given by subsection 16(2). goods means goods of any kind, and includes: (a) animals; or (b) a package containing goods; or (c) 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. Note: Local registration authorities are given additional functions under this Act. mutual recognition matters has the same meaning as in the Mutual Recognition (New South Wales) Act 1992 (NSW). mutual recognition principle: (a) as applying to goods—has the meaning given by subsection 8(1); and (b) as applying to occupations that are equivalent—has the meaning given by subsection 16(1); and (c) 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. 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, in relation to an activity covered by an occupation, 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: (a) when used in relation to goods, means requirements, prohibitions, restrictions or conditions; and (b) when used in relation to secrecy, privacy or confidentiality, means laws, binding administrative arrangements, directions or other limitations, protections or processes. second State: (a) in, and in relation to, Part 2—has the meaning given by subsection 8(2); and (b) in, and in relation to, Part 3—has the meaning given by subsection 16(2); and (c) 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. (2) 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) 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: (i) refers to the Parliament of the Commonwealth the power to enact this Act as originally enacted; or (ii) adopts this Act as originally enacted, whether with or without subsequent amendments; or (b) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that: (i) requests the Parliament of the Commonwealth to enact this Act as originally enacted; or (ii) 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. (2) 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. Part 2—Goods 8 Mutual recognition—goods (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) 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; (b) 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; (c) a requirement that the goods be inspected, passed or similarly dealt with in or for the purposes of the second State; (d) a requirement that any step in the production of the goods not occur outside the second State; (e) 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. (2) 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: (a) the contractual aspects of the sale of goods; (b) the registration of sellers or other persons carrying on occupations; (c) the requirement for business franchise licences; (d) the persons to whom goods may or may not be sold; (e) the circumstances in which goods may or may not be sold. (3) 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: (a) those laws apply equally to goods produced in or imported into the second State; and (b) 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. (4) 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: (a) inspection or the requirement for inspection is not a prerequisite to the sale of the goods in the second State; and (b) those laws apply equally to goods produced in or imported into the second State; and (c) 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: (a) 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 (b) the defendant had no reasonable grounds for suspecting that they were not so produced or imported. (2) 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). (3) 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). (4) 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). (5) 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. (2) 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. (2) This Part does not affect the operation of laws described in Schedule 2. (3) 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. (2) 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. (3) 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. Part 3—Occupations Division 1—Preliminary 16 Mutual recognition—equivalent occupations (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: (a) to be registered in the second State for the equivalent occupation; and (b) pending such registration, to carry on the equivalent occupation in the second State. (2) 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: (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and (b) 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. (2) 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. (3) 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. Division 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. (2) The notice must: (a) state that the person is registered for the occupation in the first State and specify that State; and (b) state the occupation for which registration is sought and that it is being sought in accordance with the mutual recognition principle; and (c) specify each State in which the person has substantive registration for an equivalent occupation; and (ca) specify each State in which the person has interim deemed registration to carry on an equivalent occupation; and (cb) 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 (d) 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 (e) 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 (f) 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 (g) 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)). (3) 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). (4) 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. (5) The statements and other information in the notice must be verified by statutory declaration or another method agreed to by the local registration authority. (6) 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. (2) The local registration authority may grant registration on that ground and may grant renewals of such registration. (3) 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. (4) Continuance of the registration is otherwise subject to the laws of the second State, to the extent to which those laws: (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and (b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation. (4A) 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. (5) 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. (6) 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. (2) When granted, the registration takes effect as from the date the notice was lodged. (3) 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. (4) 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: (a) any of the statements or information in the notice as required by section 19 are materially false or misleading; or (b) any document or information as required by subsection 19(3) has not been provided or is materially false or misleading; or (c) the circumstances of the person lodging the notice have materially changed since the date of the notice or the date it was lodged; or (d) the authority decides that the occupation in which registration is sought is not an equivalent occupation. (2) If the grant of registration has been postponed, the local registration authority may in due course grant or refuse the registration. (3) 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. (4) 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: (a) any of the statements or information in the notice as required by section 19 are materially false or misleading; or (b) any document or information as required by subsection 19(3) has not been provided or is materially false or misleading; or (c) 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. (2) 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. 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. (3) 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. (2) 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. (3) 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. (4) 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). (5) 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. (6) 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. (2) However, the person may do so only: (a) within the limits conferred by the person's substantive registration in the first State; and (b) within the limits conferred by the person's interim deemed registration in the second State; and (c) 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 (d) subject to any conditions applying to the person's interim deemed registration. (3) Without limiting anything in this Division: (a) the person may not carry on the occupation in the second State without complying with any public protection requirements; and (b) 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 (c) 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. (4) 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. (5) 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. Division 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). (2) Conditions may be imposed on registration in accordance with this Part so as to achieve equivalence between occupations in different States. (3) 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. (2) If a declaration made by the Tribunal and a declaration made by Ministers are inconsistent, the ministerial declaration prevails. (3) 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. (2) 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: (a) the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or (b) registration in one State should not entitle registered persons to carry on a particular activity or class of activity in the other State, where: (i) 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 (ii) 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. (4) 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. (5) 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) 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. (2) The declaration may be amended or rescinded in the same way. (3) The declaration has effect only in relation to the States concerned. (4) The appropriate local registration authority is to give effect to the declaration. Division 5—General provisions 33 Disciplinary action (1) If a person's registration in an occupation in a State: (a) is cancelled or suspended; or (b) 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. (2) 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. (2A) If: (a) a person's registration for an occupation in a State is cancelled, suspended or subject to a condition; and (b) 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. (2B) Subsection (2A) applies despite any requirements relating to secrecy, privacy or confidentiality. (2C) Nothing in this section affects any obligation or power to provide information apart from this section. (3) 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. (4) This section has effect despite any other provisions of this Part. 34 Review of decisions (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). (2) In subsection (1): decision has the same meaning as in the Administrative Review Tribunal Act 2024. (3) 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 (b) the person may, under section 268 of that Act, request a statement of reasons for the decision. (4) 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. (2) 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) a notice lodged in accordance with section 19 by the person seeking registration in the other State; or (b) the person's interim deemed registration in the other State; or (c) actual or possible disciplinary action against the person. (3) The authority of the first‑mentioned State may provide the information, despite any requirements relating to secrecy, privacy or confidentiality. (4) 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: (a) 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 (b) 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 (1) 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 (2) 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. (3) 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. (2) 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. (3) 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. (4) 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. (2) 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. Part 3A—Automatic deemed registration to carry on activities covered by occupations Division 1—Preliminary 42A Mutual recognition—activities covered by occupations (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): (a) the State in which the person has their principal place of residence; (b) 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: (a) the person moves their principal place of residence or principal place of work for the occupation to another State; and (b) the person continues to be registered for the occupation in their previous home State; and (c) 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. (2) 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: (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and (b) 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. (2) If, in relation to an activity covered by an occupation, an individual is subject to: (a) more than one system of registration in a State; or (b) 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 (3) 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. Division 2—Entitlement to automatic deemed registration 42D Entitlement to automatic deemed registration (1) This section applies if: (a) 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 (2) For the purposes of carrying on the activity in the second State, the person is taken: (a) to be registered in the second State for the second State occupation; and (b) 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: (a) meets any requirements covered by paragraphs (4)(f) to (h); or (b) 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 (4) However, subsection (2) does not apply if: (a) the person: (i) 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 (ii) the person has been informed or is otherwise aware of those proceedings; or (b) 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 (c) 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 (d) the person is refused registration in any State for an occupation that covers the activity; or (e) the person is authorised otherwise than under this Part to carry on the activity in the second State; or (f) 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 (g) 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 (h) if a determination under section 42J requires the person to notify the local registration authority for the second State occupation: (i) the person fails to notify the authority; or (ii) if the person's home State changes—the person fails to notify the authority of the change; or (j) the person fails to give any information: (i) required under section 42U; or (ii) 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 (5) 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: (a) apply equally to all persons carrying on or seeking to carry on the activity under the law of the second State; and (b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the activity. (3) 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: (a) any condition or undertaking to which the person's home State registration is subject; and (b) 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.). (2) Any such condition or undertaking is taken to be imposed by the second State. (3) 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)). (4) 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: (a) the person is no longer authorised to carry on the activity in their home State; or (b) a circumstance covered by subsection 42D(4) (exceptions to automatic deemed registration) occurs in relation to the person; or (c) the person becomes substantively registered for the second State occupation; or (d) the automatic deemed registration is cancelled or suspended under subsection (2) of this section. (2) Without limiting subsection 42M(1), a local registration authority in the second State for an occupation that covers an activity may: (a) cancel a person's automatic deemed registration to carry on the activity in that State if the person requests the cancellation; or (b) 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 (1) 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. (2) For the purpose of any law of a State, a person who has automatic deemed registration in the State is taken: (a) to have had the registration conferred by operation of the law of the State; and (b) 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 (3) 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. (4) In this section: (a) a reference to registration includes a reference to previous registration; and (b) 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 (2) 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). (3) No fee is payable to the local registration authority in relation to the notification. Determination by Minister (4) 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) 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 (b) 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: (i) a fine, penalty or legal costs; or (ii) 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 (1) 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: (a) 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 (b) 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. (2) Despite any law of a State: (a) 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 (b) 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 (3) Despite any law of a State: (a) 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 (b) the local registration authority may include on the register the person's name, and any other information authorised or required to be on the r