{"id":"F2022L00835","name":"Automatic Mutual Recognition (South Australia) (Exemption—Passenger Transport Accreditation) Declaration 2022","slug":"automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441419,"registerId":"F2022L00835-fast-fetch-1775956719674","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (South Australia) (Exemption—Passenger Transport Accreditation) 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—Passenger Transport Accreditation) 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\n5  Definitions\n\n6  Exemptions\n\n \n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (South Australia) (Exemption—Passenger Transport Accreditation) 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of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\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 Passenger Transport Accreditation(under the Passenger Transport Act 1994 (South Australia)) Risk to the health or safety of the publicThe health or safety of passengers will be compromised if public passenger drivers who have not been assessed to South Australian high standards and requirements for a Driver Accreditation are authorised to provide these services in South Australia.\n\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"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: creating a specific exemption for passenger transport accreditation from automatic mutual recognition in South Australia. There is no scope creep or expansion beyond this single, clearly stated purpose."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page of substantive content)","Only 1 defined term ('Act')","Single, straightforward exemption with no nested conditions or exceptions","No cross-references to other legislation beyond the enabling Act and one South Australian Act","Clear table structure with only one row of substantive content","Minimal conditional logic (simple 'if X, then exempt' structure)"],"plain_english_summary":"This declaration—made by the South Australian Treasurer under Commonwealth law—creates an exception to Australia’s automatic mutual recognition for passenger transport accreditation. It prevents drivers accredited in other states from automatically working in South Australia; they must meet SA’s own accreditation due to stated public safety concerns. The exemption sunsets on 1 October 2027 unless revoked earlier."},"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":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the operation of the Mutual Recognition Act within South Australia by excluding Passenger Transport Accreditation from automatic deemed registration (s6(1)–(3)). Effect is territorial (South Australia only) and time‑limited (commences 1 July 2022; sunsets under the Legislation Act as noted in s4). Concretely, it increases compliance obligations for interstate passenger drivers seeking to work in SA, places the onus on applicants to meet SA accreditation standards, and preserves state-level decision‑making and safety assessment for this activity (s6(3))."},"complexity_factors":["Single, narrowly targeted exemption reduces legislative breadth (s6(3)).","Interacts with Commonwealth Mutual Recognition Act, creating cross‑jurisdictional legal interplay (s3; s6(1)).","Includes an express consumer/public‑safety risk justification rather than technical criteria, requiring administrative judgement to apply (s6(2)–(3)).","Made by a state executive decision under delegated power (Treasurer) rather than by Parliament, concentrating discretion (intro; s3).","Temporal limits and repeal mechanics introduce time dependence and monitoring obligations (commencement and s4 referencing Legislation Act s50).","Compliance and market effects concentrate on interstate passenger drivers/operators who must obtain South Australian accreditation (s6(3))."],"plain_english_summary":"This declaration removes the automatic mutual-recognition rule for Passenger Transport Accreditation in South Australia. Interstate drivers and passenger-transport operators can no longer be treated as automatically registered in South Australia; they must meet South Australian driver-accreditation requirements. The instrument says this change is to address a stated public-safety risk (s6(3)), is made under the Mutual Recognition Act (s3), commences 1 July 2022 and will sunset under the Legislation Act (s4)."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration","history":"/api/acts/automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration/history","analysis":"/api/acts/automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration/analysis","conflicts":"/api/acts/automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration/important-cases","documents":"/api/acts/automatic-mutual-recognition-south-australia-exemption-passenger-transport-accreditation-declaration/documents"}}