{"id":"F2022L00829","name":"Automatic Mutual Recognition (South Australia) (Exemption—Regulatory Food Safety Auditors and Regulatory Safe Drinking Water Auditors) Declaration 2022","slug":"automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441414,"registerId":"F2022L00829-fast-fetch-1775956717462","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (South Australia) (Exemption—Regulatory Food Safety Auditors and Regulatory Safe Drinking Water Auditors) 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—Regulatory Food Safety Auditors and Regulatory Safe Drinking Water Auditors) Declaration 2022\n\nI, Stephen Mullighan, Treasurer (South Australia), make the following declaration.\n\nDated 21 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—Regulatory Food Safety Auditors and Regulatory Safe Drinking Water Auditors) 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of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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, an approval 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 1Approvals Column 2Statement of risk\n- 1 Food Safety Auditors approved under Part 7, Division 1 Section 73 of the Food Act 2001 (South Australia). A risk exists to the health and safety of the public, in particular to vulnerable persons and the wider population as a result of the adoption of automatic deemed registration under AMR as a direct consequence of the varied levels of competency and inability of interstate auditors to meet specific local requirements under the Food Act 2001 (South Australia)\n- 2 Regulatory auditors and inspectors (drinking water) approved under Part 4, Division 1 Section 15 of the Safe Drinking Water Act 2011 (South Australia) A risk exists to the health and safety of the public, in particular to vulnerable persons and the wider population as a result of the adoption of automatic deemed registration under AMR as a direct consequence of the varied levels of competency and inability of interstate auditors and inspectors to meet specific local requirements under the Safe Drinking Water Act 2011 (South Australia).Breaking the nexus between food and drinking water audits in businesses providing food to vulnerable people and utilising independent drinking water supplies represents a public health risk.\n\n\n \n\n \n\n (4) This section is repealed at the end of 30 June 2027.\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":"This instrument performs exactly the function intended by section 42S of the Mutual Recognition Act 1992 — it exempts specific occupations from automatic deemed registration on public health grounds. The scope is narrow and precisely targeted at two specific regulatory audit occupations, consistent with the original legislative framework for exemptions."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 1 defined term ('Act')","Simple structure: name, commencement, authority, outline, definitions, and a single operative section with a 2-row table","No nested exceptions or conditional logic beyond the basic exemption mechanism","Clear sunset clause (automatic repeal on 30 June 2027)","Minimal cross-referencing (only references to the Mutual Recognition Act 1992 and two South Australian Acts)"],"plain_english_summary":"This declaration suspends Australia’s automatic mutual recognition for two auditor/inspector roles in South Australia — food safety auditors and drinking water auditors/inspectors — so interstate registrations won’t automatically authorise practice there. It requires those professionals to obtain South Australian registration because the state says differing competencies and local requirements (and the need to link food and water safety in vulnerable settings) pose public‑health risks. It applies only in SA, took effect 1 July 2022 and expires 30 June 2027."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"No. The instrument’s text confines its effect to exempting specified South Australian approvals from automatic deemed registration (see s4 and s6). It identifies the affected approvals (food safety auditors and drinking‑water auditors/inspectors) and states the consumer‑protection risks relied on for the exemption (s6(3)). The instrument is time‑limited (s6(4)); note a drafting inconsistency between the general sunset wording in s4 (reference to repeal about 1 October 2027) and the explicit repeal at the end of 30 June 2027 in s6(4), but the instrument does not otherwise expand or narrow scope beyond its stated purpose."},"complexity_factors":["Narrow, targeted scope (only two specified approvals) which reduces breadth but requires precise identification of affected licences/approvals (s6(3)).","Cross‑reference to multiple Acts (Mutual Recognition Act 1992; Food Act 2001; Safe Drinking Water Act 2011) requires reading across statutes to see practical effect (s3, s6).","Delegated‑law mechanism: a State Treasurer uses power under s42S of the Mutual Recognition Act to create exemptions (header, s3), requiring understanding of federal‑state interaction.","Sunset and repeal mechanics are layered (general sunset clause referenced in s4; specific repeal at 30 June 2027 in s6(4)), producing potential timing ambiguity to resolve on reading.","Risk statements in the table (s6(3) Col 2) anchor the exemption to public health/safety concerns rather than procedural grounds, but are brief and non‑technical."],"plain_english_summary":"This declaration stops the Commonwealth’s Mutual Recognition Act from creating automatic, ‘deemed’ registration in South Australia for two approvals: food safety auditors (Food Act 2001) and regulatory drinking‑water auditors/inspectors (Safe Drinking Water Act 2011). It means interstate auditors cannot rely on automatic registration and must meet South Australian approval requirements; the Treasurer made the declaration under the Mutual Recognition Act and it has a statutory sunset in mid‑2027."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator","history":"/api/acts/automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator/history","analysis":"/api/acts/automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator/analysis","conflicts":"/api/acts/automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator/important-cases","documents":"/api/acts/automatic-mutual-recognition-south-australia-exemption-regulatory-food-safety-auditors-and-regulator/documents"}}