{"id":"F2022L00838","name":"Automatic Mutual Recognition (South Australia) (Exemption—Marine Pilots) Declaration 2022","slug":"automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441420,"registerId":"F2022L00838-fast-fetch-1775956721785","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (South Australia) (Exemption—Marine Pilots) Declaration 2022","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 (South Australia) (Exemption—Marine Pilots) Declaration 2022\n\nI, Hon Stephen Mullighan MP, Treasurer (South Australia), make the following declaration.\n\nDated  24 June 2022  \n\nHon Stephen Mullighan MP\n\nTreasurer (South Australia)\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\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (South Australia) (Exemption—Marine Pilots) Declaration 2022.\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of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n\n\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 South Australia.\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 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 South Australia.\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 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 Marine Pilots(under the Harbors and Navigation Act 1993 (South Australia)) Risk to the environment, animal welfare, and or the health or safety of workersThe role of a marine pilot requires intimate knowledge of the respective harbor or port they are operating in.Allowing a marine pilot to operate at a specific harbor or port in South Australia who has not been issued a Pilotage licence in South Australia and completed the necessary assessment requirements presents a risk that they will not be able to safely navigate a large shipping vessel which could lead to a shipping incident that impacts on the marine environment, marine animals, or other vessels and any workers on them.\n\n\n \n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose. It creates a specific, narrow exemption for marine pilots from automatic mutual recognition in South Australia, exactly as described in its title and simplified outline. There is no scope creep or expansion beyond this single occupational exemption."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page of substantive content)","Only 1 defined term ('Act') in the interpretation section","Single, clear exemption in a simple table format with only 1 item","No nested exceptions or conditional logic — the exemption operates straightforwardly","Minimal cross-referencing (only references to specific sections of the Mutual Recognition Act 1992 and Legislation Act 2003)","Purpose and effect clearly stated in the simplified outline (section 4)"],"plain_english_summary":"South Australia’s Treasurer has declared marine pilots exempt from the Commonwealth’s Mutual Recognition Act, so pilots licensed interstate cannot be automatically deemed registered to operate in South Australia. A specific South Australian pilotage licence and local assessment remain required. The measure is intended to protect navigation safety, the marine environment and worker safety by ensuring local-waterway expertise. It applies only in South Australia and sunsets on 1 October 2027."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument operates as declared: it narrows the Mutual Recognition Act's automatic deemed registration in South Australia by exempting marine pilots (under the Harbors and Navigation Act 1993). Its effect is confined to SA, carries a stated safety/environmental justification, and will sunset under the referenced legislative provisions."},"complexity_factors":["Cross-reference to Commonwealth Mutual Recognition Act (s42S) creates interstate legal interaction","Limited geographic scope (South Australia only) but requires alignment with state Harbors and Navigation Act 1993","Specific occupational focus (marine pilots) narrows subject matter but raises technical regulatory detail","Includes a stated risk justification tied to environment, animal welfare, and worker safety that must be interpreted administratively","Authority vested in the South Australian Treasurer to make the declaration (administrative discretion)","Sunset/repeal mechanism referenced (Legislation Act 2003 and s42S(6)) requiring periodic review","Creates immediate compliance burdens for pilots and ship operators to obtain SA pilotage licences and assessments"],"plain_english_summary":"This declaration (made under s42S of the Mutual Recognition Act) excludes marine pilot registrations in South Australia from automatic mutual recognition. A person licensed as a pilot elsewhere will not be automatically deemed registered to operate in SA; they must hold a South Australian pilotage licence and complete required assessments.\n\nThe instrument cites risks to the environment, animal welfare and worker health or safety from pilots without local harbour knowledge. Costs and compliance burdens fall on pilots and ship operators required to obtain SA licences."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022","history":"/api/acts/automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022/history","analysis":"/api/acts/automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022/analysis","conflicts":"/api/acts/automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022/important-cases","documents":"/api/acts/automatic-mutual-recognition-south-australia-exemption-marine-pilots-declaration-2022/documents"}}