{"id":"F2022L00868","name":"Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2022 (No. 1)","slug":"automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441430,"registerId":"F2022L00868-fast-fetch-1775956726067","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) Declaration 2022 (No. 1)","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAutomatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2022 (No. 1)\n\nI, the Honourable Matt Kean, Treasurer of New South Wales, make the following declaration.\n\nDated: 27 June 2022    \n\nThe Honourable Matt Kean MP\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\n \n\n\n\n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2022 (No. 1).\n\n2  Commencement\n\n (1) 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- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\nUnless revoked earlier, this instrument will sunset under section 50 of the Legislation Act 2003 of the Commonwealth, subject to subsection 42S(6) of the Mutual Recognition Act 1992 of the Commonwealth. This will generally mean that this instrument will be repealed on the first 1 April or 1 October falling on or after the fifth anniversary of the registration of the instrument on the Federal Register of Legislation.\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. Teacher accreditation under the Teacher Accreditation Act 2004 (NSW) Significant risk to the safety of the public (children). The significant risk is that children may be harmed by teachers who could move between States and Territories without processes in place that ensure adequate information-sharing between Teacher Registration Authorities about teachers, including in relation to issues that might pose a child serious safety risk.\n- 2. Food safety supervisor under Part 8, Division 3 of the Food Act 2003 (NSW) Significant risk to the health and safety of the public as the NSW regulatory system operates differently to other jurisdictions. Allowing unqualified interstate workers into NSW will result in increased food-borne illness.\n- 3. Food safety auditor under Part 7, Division 1 of the Food Act 2003 (NSW) Significant risk to the health and safety of the public as the NSW regulatory system operates differently to other jurisdictions. Allowing unqualified interstate workers into NSW will result in increased food-borne illness.\n- 4. Security licences under Part 2 of the Security Industry Act 1997 (NSW) Significant risk to the health and safety of the public as NSW Police Force is unable to scrutinise an applicant’s fitness to hold a licence and a conduct a robust and thorough probity assessment.\n- 5. Firearm dealer licence provided under Part 2 of the Firearms Act 1996 (NSW) Significant risk to the health and safety of the public as NSW Police Force is unable to conduct a stringent probity assessment under AMR. New South Wales (unlike other jurisdictions) takes into consideration an applicant’s domestic and personal violence record in determining a person’s fitness to hold a licence.\n- 6. Marine pilot licences and certificates under Part 4 of the Marine Safety Act 1998 (NSW) Significant risk to the environment, animal welfare and the health and safety of workers and the public. Applicants for each of the licences and certificates are required to have general knowledge of pilotage and shipping operations as well as specialised knowledge, skills, and competencies specific to the relevant Pilotage Port in which the licence or certificate relates. There is an increased risk of collisions and marine accidents at Pilotage Ports if individuals have not undergone local training or lack local knowledge of Pilotage Ports.\n\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand beyond its stated purpose. It expressly narrows the automatic mutual recognition scheme by exempting specified registrations in NSW (s4, s6) and applies only within New South Wales, with standard commencement and sunset provisions (s2, s4)."},"complexity_factors":["Cross‑jurisdictional interaction: modifies operation of the Commonwealth Mutual Recognition Act within NSW (s3, s6).","Occupation‑specific regulatory variance: exemptions reference multiple distinct NSW Acts (Teacher Accreditation, Food Act, Security Industry Act, Firearms Act, Marine Safety Act).","Safety‑sensitivity: exemptions affect roles with heightened public‑safety, health or child‑protection concerns, requiring local assessment of fitness and competence (s6 table).","Administrative effects: shifts compliance costs to applicants and NSW regulators (registration, probity checks, local training/knowledge assessments).","Temporal/administrative detail: instrument commencement and statutory sunset mechanics add procedural timing considerations (s2, s4)."],"plain_english_summary":"This NSW Treasurer’s declaration (made under section 42S of the Mutual Recognition Act 1992) removes automatic interstate ‘deemed’ registration for a set of safety‑sensitive occupations in NSW. It means people relying on interstate registration for specified roles must obtain NSW registration before working here. The instrument targets risks to public health, children’s safety, worker safety and the environment (see s6) and will automatically repeal on the statutory sunset timetable unless remade."},"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 function intended by section 42S of the Mutual Recognition Act 1992 — allowing states to exempt specific occupations from automatic deemed registration. The scope is narrow and precisely targeted at the six specified registrations, with no expansion beyond this statutory purpose."},"complexity_factors":["Very short instrument — only 6 substantive sections","Single defined term ('Act')","Simple tabular structure for exemptions with clear risk statements","No nested exceptions or conditional logic","Straightforward cross-reference to single Commonwealth Act section (42S)","Purpose and effect clearly stated in simplified outline section"],"plain_english_summary":"New South Wales has opted out of the Commonwealth’s automatic mutual recognition for six occupations, so interstate registrations for those roles won’t be automatically accepted. Affected workers must apply for NSW-specific licences and meet local checks and requirements before practicing.\n\nThis targets roles NSW says pose higher public-safety or probity risks—teachers, food safety supervisors and auditors, security licence holders, firearm dealers and marine pilots—so background checks, local training or additional safeguards may be required."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1","history":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1/history","analysis":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1/analysis","conflicts":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1/important-cases","documents":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2022-no-1/documents"}}