{"id":"F2024L00806","name":"Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024","slug":"automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442468,"registerId":"F2024L00806-fast-fetch-1775957462135","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 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAutomatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024\n\nI, the Honourable Daniel Mookhey, Treasurer of New South Wales, make the following declaration.\n\nDated: 26 June 2024  \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\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024\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of this instrument 1 July 2024 1 July 2024\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 2029. \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. Consulting radiation expert accreditation under the Radiation Control Act 1990 (NSW) Significant risk to consumer protection and health and safety of workers and patients through unintended exposure to radiation due to equipment being incorrectly serviced and calibrated. There are large differences in accreditation, terminology, operating conditions, and activities across the jurisdictions, which in many cases do not provide equivalent protection as that in NSW. The NSW Government and consumers need to have confidence that consulting radiation experts from other jurisdictions understand specific NSW laws and processes to ensure equipment that uses radiation is correctly assessed, calibrated, and maintained.\n- 2. Site auditor accreditation under the Contaminated Land Management Act 1997 (NSW) Significant risk to consumer protection, the environment and public health as an incorrect assessment of the nature and extent of land contamination may be illegal, costly to rectify and result in adverse impacts on public health and the environment. There are technical, policy and legislative requirements that are specific to NSW. The NSW Government and consumers need to have confidence that site auditors from other jurisdictions understand specific NSW laws and processes to ensure audits and assessments are conducted correctly.\n- 3. Pyrotechnician’s licences under the Explosives Act 2003 (NSW) Significant risk to public safety as NSW Police Force needs to retain the authority to conduct probity checks on operators entering NSW and restrict access to persons deemed unsuitable.\n- 4. Licences and registration schemes under the Greyhound Racing Act 2017 (NSW) Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. New South Wales has a statutory obligation to assess an applicant’s fitness taking into account a broader list of criminal convictions than other Australian jurisdictions.\n- 5. Licences and registration schemes under the Harness Racing Act 2009 (NSW) Significant risk to consumer protection, health and safety of workers in the harness racing industry, and animal welfare as, without an exemption to AMR, the NSW harness racing controlling body would be unable to conduct an appropriate probity assessment. There is a substantial risk that this would lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use infiltrating the sport in NSW, increase safety and animal welfare concerns, and reduce consumer confidence. Harness Racing NSW has a statutory obligation to assess an applicant’s fitness and propriety to a more rigorous and higher standard than other Australian jurisdictions.\n- 6. Licences and registration schemes under the Thoroughbred Racing Act 1996 (NSW) Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. NSW has a statutory obligation to assess an applicant’s fitness taking into account a broader list of criminal convictions than other Australian jurisdictions.\n- 7. Registered Surveyor – Mining, under the Surveying and Spatial Information Act 2002 (NSW) Significant health and safety risk for workers in underground mines.The assessment of registered mining surveyors for underground work are not done to the same standards in other jurisdictions.\n- 8. Registration under the Combat Sports Act 2013 (NSW) Significant risks to consumer protection, combatant health and safety, and public safety. The Combat Sports Authority (NSW) and the NSW Police Force would have reduced ability to properly supervise and regulate combat sport industry activity in NSW through combatant and industry participant probity assessments. This could pose a health and safety risk to combatants, and damage public perceptions of the field’s integrity and increase the likelihood of organised crime infiltration.\n- 9. Licences under the Pawnbrokers and Second-hand Dealers Act 1996 (NSW) Significant risk to consumer protection. Currently, ADR operators are unable to access the reporting portal for Pawnbrokers and Second-hand dealers monitored by the NSW Police Force. This will mean that ADR operators are unable to comply with their mandatory obligations. Failure to keep proper records will also impede police investigation and may impact on recovery of stolen goods.\n\n\n \n\n7 Sunset\n\nThe whole of this instrument is repealed at the end of 1 October 2029.\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\nSchedule 1—Repeals\n\n \n\n1 Automatic Mutual Recognition (New South Wales) (Exemption – Various) Declaration 2023\n\n Repeal the whole of this instrument.\n\n \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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This 2024 Declaration repeals the 2023 Declaration (Schedule 1) and, on its face, continues to exclude a set of high‑risk registrations from automatic deemed registration in NSW (s4; s6(3)). It sets a sunset of 1 October 2029 (s7). From the text alone there is no clear expansion of categories beyond those listed here, but substantive differences from the 2023 instrument cannot be confirmed without comparing the earlier text."},"complexity_factors":["Direct interaction with the Commonwealth Mutual Recognition Act (authority under s3 referencing s42S) requires cross‑statute interpretation.","Multiple sector‑specific exemptions (s6(3) table) across technical fields (radiation, contaminated land, mining surveying, explosives, racing, combat sports, pawnbrokers) increase administrative and legal complexity.","Regulatory discretion and probity checks referenced in several items (items 3–6, 8–9 of s6(3)) imply coordination with police and industry regulators.","Consumer protection, public health and safety risk statements tied to each exemption (s6(2) and s6(3)) require factual assessments to justify continued exemption.","Sunset and repeal architecture (s7, s8, Schedule 1) imposes temporal limits and triggers administrative renewals or replacement instruments.","Repeal of the 2023 Declaration (Schedule 1) raises the need to compare texts for substantive changes (requires external cross‑check).","Compliance burden on interstate applicants: loss of automatic recognition means applicants incur NSW registration costs and processes (s6(1))."],"plain_english_summary":"This declaration excludes certain NSW licences and registrations from automatic mutual recognition under the Commonwealth Mutual Recognition Act. Practically, people or businesses with equivalent interstate registrations listed in the instrument cannot rely on deemed NSW registration and must satisfy NSW-specific registration, probity and safety checks. The instrument applies only in New South Wales and expires on 1 October 2029."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 42S of the Mutual Recognition Act 1992 — it declares specific exemptions from automatic deemed registration for NSW. The scope is limited to the nine specified occupations and aligns with the original legislative intent allowing states to opt out where they identify specific risks."},"complexity_factors":["Short instrument: only 8 substantive sections plus a single-item repeal schedule","Single defined term ('Act') in the interpretation section","Straightforward structure: name, commencement, authority, outline, definitions, operative provisions (exemptions), sunset, repeals","No nested conditional logic or cross-referencing beyond basic references to the Commonwealth Act (section 42S)","Tabular format for exemptions makes the substantive content easily scannable","No exceptions to exceptions or complex temporal provisions beyond the fixed sunset date"],"plain_english_summary":"NSW has opted out of the Commonwealth’s automatic mutual recognition for nine specified occupations, so people registered interstate in those fields must apply for full NSW registration rather than being automatically recognised.  \n\nThe state cites public safety, consumer protection, animal welfare and environmental risks as reasons for local probity, criminal and technical checks. The declaration runs until 1 October 2029."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024","history":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024/history","analysis":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024/analysis","conflicts":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024/important-cases","documents":"/api/acts/automatic-mutual-recognition-new-south-wales-exemption-various-declaration-2024/documents"}}