{"id":"F2025L00811","name":"Automatic Mutual Recognition (New South Wales) (Exemption-Various Building Occupations) Declaration 2025","slug":"automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442883,"registerId":"F2025L00811-fast-fetch-1775957803339","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (New South Wales) (Exemption-Various Building Occupations) Declaration 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)   \n\n \n\nAutomatic Mutual Recognition (New South Wales) (Exemption - Various Building Occupations) Declaration 2025\n\nI, the Honourable Daniel Mookhey, Treasurer of New South Wales, make the following Declaration.\n\nDated:  30 June 2025   \n\nThe Honourable Daniel Mookhey MLC\n\nTreasurer of New South Wales\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Simplified outline of this instrument\n\n5  Definitions\n\n6  Exemptions\n\n7 Sunset\n\n8 Repeals\n\nSchedule 1—Repeals\n\n \n\n \n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (New South Wales) (Exemption-Various Building Occupations) Declaration 2025.\n\n2  Commencement\n\n1.     Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2025 1 July 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 42S of the Mutual recognition Act 1992 of the Commonwealth.\n\n4  Simplified outline of this instrument\n\nThe purpose of this instrument is to exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.\n\nThis instrument has effect only in relation to New South Wales.\n\nThis instrument is repealed at the end of 1 October 2027. \n\n5  Definitions\n\n  In this instrument:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.\n\n6  Exemptions\n\n (1) For the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in subsection (3) of this section is excluded from the operation of automatic deemed registration in New South Wales.\n\n (2) For the purposes of subsection 42S(2) of the Act, column 2 of the table in subsection (3) of this section sets out a statement of the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public in relation to each registration in column 1.\n\n (3) The table is as follows:\n\n \n\n- Exemptions for the purposes of paragraph 42S(1)(a)\n- Item Column 1Registration Column 2Statement of risk\n- 1. Contractor licence and supervisor certificate for general building work under the Home Building Act 1989 (NSW) Significant risk to consumer protection and the health or safety of workers or the public. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector.\n- 2. Contractor licence and supervisor certificate for the erection of prefabricated metal-framed home additions and structures under the Home Building Act 1989 (NSW) Significant risk to consumer protection and the health or safety of workers or the public. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. The NSW Government and consumers need to have confidence in the building and construction sector.\n- 3. Registration or recognition within the meaning of the Design and Building Practitioners Act 2020 (NSW):\n\n- Design practitioner - fire systems (all classes)\n- Design practitioner – fire safety engineering\n- Professional engineer – fire safety; Registered certifiers – fire safety and accredited practitioner – fire safety under the Building and Development Certifiers Act 2018 (NSW); Licences and certificates for water plumbing – fire protection and fire sprinkler systems under the Home Building Act 1989 (NSW) Significant risk to consumer protection and the health or safety of workers or the public. The building and construction sector in NSW is subject to additional requirements and protections. Building failures result in costs to homeowners in remedying defects and an increased risk to safety for people living with non-compliant building work. If fire safety equipment is incorrectly installed, it could lead to loss of life. The NSW Government and consumers need to have confidence in the building and construction sector.\n- 4. Licences and certificates for mechanical services and medical gas work, medical gas technician work, medical gas fitting work under the Home Building Act 1989 (NSW) Significant risk to consumer protection and the health or safety of workers or the public.The risks of improper medical gas work can lead to loss of life. A new framework for medical gas was implemented in New South Wales to ensure that medical gas work is done to a high standard and safety. Interstate licence holders would not have the relevant expertise to work in New South Wales.\n- 5. Licences and certificates for electrical wiring, air-conditioning and refrigeration work under the Home Building Act 1989 (NSW) Significant risk to consumer protection and the health or safety of workers or the public. Licensing bodies and regulators will be unable to verify or validate interstate workers’ skills, knowledge and understanding against NSW standards and regulations. The failure to understand or comply with the relevant legislation can result in potential dire consequences, including equipment failure, fires, electrical shock, and death.\n\n\n7 Sunset\n\nThe whole of this instrument is repealed at the end of 1 October 2027.\n\n8 Repeals\n\nEach instrument that is specified in Schedule 1 is repealed as set out in the applicable items in that Schedule.\n\n\n\n\nSchedule 1—Repeals\n\n1.                     Automatic Mutual Recognition (New South Wales) (Exemption—12-months) Declaration 2024\n\n\nRepeal the whole of this instrument.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function its title suggests: exempting specific building occupations from automatic mutual recognition in NSW. It does not expand beyond this purpose."},"complexity_factors":["Short instrument: only 8 sections plus a single-item repeal schedule","Minimal defined terms: only one definition ('Act')","Simple structure: straightforward table format for exemptions with two columns (occupation + risk statement)","No nested exceptions or conditional logic — exemptions apply absolutely to the listed occupations","Single cross-reference to Commonwealth Act section 42S","Automatic sunset provision (self-terminating) requires no ongoing interpretation"],"plain_english_summary":"This NSW declaration prevents automatic mutual recognition for several building and related trades, so workers licensed interstate cannot rely on \"deemed registration\" and must meet NSW licensing before practising. It targets trades the government says pose significant consumer, health or safety risks (building, fire-safety, medical gas, electrical/air‑conditioning and related work).\n\nIt affects interstate contractors and protects NSW homeowners by keeping local standards in force; the declaration expires 1 October 2027."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument repeals the Automatic Mutual Recognition (NSW) (Exemption—12‑months) Declaration 2024 (Schedule 1) and establishes a new set of exemptions effective 1 July 2025 with a sunset of 1 October 2027. That replaces the prior 12‑month framework and extends the period during which specified building occupations are excluded from automatic deemed registration, while consolidating the listed categories of exemptions under s6."},"complexity_factors":["Cross‑reference to Commonwealth Mutual Recognition Act 1992 (s42S) — requires understanding interaction between Commonwealth and NSW law (see s3, s6).","Multiple NSW statutes referenced (Home Building Act 1989; Design and Building Practitioners Act 2020; Building and Development Certifiers Act 2018) increase drafting and enforcement complexity (see s6(3) table).","List‑based exemptions cover several occupational categories (contractor/supervisor licences, fire safety design/certification, plumbing/medical gas, electrical/mechanical) which requires regulators to map interstate credentials to NSW regimes (s6(3)).","Temporal limit (sunset clause to 1 Oct 2027) and explicit repeal of a prior 12‑month instrument introduce timing and transition issues for affected practitioners and administrators (see s4, s7, Schedule 1).","Compliance and administrative burden is shifted to interstate practitioners who must obtain NSW registration and to NSW regulators who must validate credentials and enforce exclusions (implied by the exclusion from automatic deemed registration in s6).","Risk statements driving exemptions are qualitative rather than numerical, leaving room for discretion in regulatory assessment (see s6(2)–(3))."],"plain_english_summary":"Mechanically: this declaration prevents certain building-related interstate registrations from automatically becoming deemed registrations in New South Wales under the Commonwealth Mutual Recognition Act. Interstate contractors, designers, certifiers and trades in areas such as fire safety, plumbing/medical gas, electrical, mechanical and general building work will need NSW registration or approval rather than relying on automatic recognition. It operates in NSW from 1 July 2025 until it is repealed on 1 October 2027.\n\nThe instrument cites significant risks to consumer protection, worker and public safety as its justification; compliance costs fall on interstate workers and verification/enforcement work falls to NSW regulators."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025","history":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025/history","analysis":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025/analysis","conflicts":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025/important-cases","documents":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-building-occupations-declaration-2025/documents"}}