{"id":"F2022L00837","name":"Automatic Mutual Recognition (South Australia) (Exemption—Motor Driving Instructors) Declaration 2022","slug":"automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441417,"registerId":"F2022L00837-fast-fetch-1775956719653","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (South Australia) (Exemption—Motor Driving Instructors) 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—Motor Driving Instructors) Declaration 2022\n\nI, the 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—Motor Driving Instructors) 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of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 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 Motor Driving Instructors(under the Motor Vehicles Act 1959 (South Australia)) Risk to public safetyThe training of learner drivers will be compromised if Motor Driving Instructors who have not been trained and assessed to the standards required to obtain a Motor Driving Instructor’s licence in South Australia are authorised to provide training.The safety of learner drivers and other road users will be at risk if Motor Driving Instructors who have not been deemed fit and proper to South Australia’s high standards are authorised to conduct in vehicle training. Risk to consumer protectionMotor Driving Instructors who have not been trained and assessed to South Australia’s high standards may provide inadequate training to a learner driver for which the learner driver is paying significant fees.\n\n\n \n\n \n\n \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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow function described in its title and authority provision: exempting a specific occupation (motor driving instructors) from automatic mutual recognition in a single jurisdiction (South Australia). There is no scope creep or expansion beyond this original purpose."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 1 defined term ('Act')","Single, clear exemption in a simple table format","No nested exceptions or conditional logic","Straightforward cross-reference to only one Commonwealth Act section (42S)","Minimal procedural provisions (commencement table is standard)"],"plain_english_summary":"This declaration prevents automatic mutual recognition for motor driving instructors in South Australia, so instructors licensed interstate cannot rely on deemed registration and must obtain SA licences under the Motor Vehicles Act 1959. It’s aimed at protecting learner drivers and the public by ensuring instructors meet South Australian training and \"fit and proper\" standards. The exemption expires 1 October 2027."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument's scope matches its stated purpose: to exempt certain registrations from automatic deemed registration in South Australia (s 4). The text confines the exemption to motor driving instructors in the table (s 6(3)), limits effect to South Australia (s 4), and sets commencement and sunset mechanics (s 2; s 4). No provisions in the instrument expand or narrow that stated scope beyond what it declares."},"complexity_factors":["Legal cross‑reference to the Commonwealth Mutual Recognition Act — instrument is made under section 42S of that Act, requiring interpretation of how the exemption interacts with federal mutual recognition rules (s 3).","Narrow, single‑occupation scope — exemption applies only to Motor Driving Instructors as listed in the table (s 6(3)), which reduces breadth but concentrates legal effect.","Risk statements explicitly linked to consumer protection and public safety — the table sets out the government’s stated risks that justify the exemption (s 6(2)–(3)).","Sunset and timing interaction — instrument’s duration is governed by the Legislation Act and subsection 42S(6), creating administrative timing considerations for repeal (s 4).","Fixed commencement date — whole instrument commences 1 July 2022, so stakeholders face immediate operational effect (s 2).","Compliance and verification burden implied on SA licensing authority and incoming instructors — exemption requires requiring SA licensing/fit‑and‑proper assessment rather than automatic recognition (s 6(3)).","Discretion in suitability assessments — reliance on SA’s ‘fit and proper’ and training standards implies administrative discretion in authorising instructors (s 6(3))."],"plain_english_summary":"This South Australian declaration removes motor driving instructor registrations from the Commonwealth's automatic mutual‑recognition regime. That means people licensed as driving instructors interstate will not be automatically treated as registered in South Australia and must meet South Australian licence and fitness standards. The instrument says the exemption is to protect public safety and consumer protection and takes effect on 1 July 2022, with a general repeal date tied to the Commonwealth Legislation Act timing."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022","history":"/api/acts/automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022/history","analysis":"/api/acts/automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022/analysis","conflicts":"/api/acts/automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022/important-cases","documents":"/api/acts/automatic-mutual-recognition-south-australia-exemption-motor-driving-instructors-declaration-2022/documents"}}