{"id":"F2022L00836","name":"Automatic Mutual Recognition (South Australia) (Exemption—Tow Truck Drivers) Declaration 2022","slug":"automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441418,"registerId":"F2022L00836-fast-fetch-1775956719654","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (South Australia) (Exemption—Tow Truck Drivers) 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—Tow Truck Drivers) 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—Tow Truck Drivers) 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of this instrument 1 July 2022 1 July 2022\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 1Licence Column 2Statement of risk\n- 1 Tow Truck Drivers (under the Motor Vehicles Act 1959 (South Australia)) Safety of workers or the publicSouth Australia’s comprehensive regulation of the tow truck industry and strong entry requirements to be issued a Tow Truck Certificate ensure that vehicle towing is performed to agreed safety standards, which mitigates risks to workers and the public.The safety of workers and the public will be at risk if inadequately trained and unlicensed tow truck drivers are able to operate in South Australia without meeting South Australia’s high entry standards.Risk to consumer protectionSouth Australia’s regulated Tow Truck Scheme, coupled with its nationally high entry requirements to become a tow truck driver, provide safeguards to consumer protection, including standardised procedures and towing practices that meet industry standards and expectations. These safeguards provide consumers with confidence when engaging this industry that their vehicle will be handled safely and appropriately.These safeguards cannot be ensured if tow truck drivers have not been assessed to South Australia’s high standards.\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 function intended by section 42S of the Mutual Recognition Act 1992 — it creates a targeted, occupation-specific exemption from automatic deemed registration for a single occupation (tow truck drivers) in a single jurisdiction (South Australia). The scope remains narrow and precisely aligned with the legislative mechanism it employs."},"complexity_factors":["Very short instrument (only 6 sections, approximately 1 page of substantive content)","Only 1 defined term ('Act')","Single, clear exemption in a simple table format","No nested exceptions or conditional logic","Straightforward cross-reference to specific sections of the Mutual Recognition Act 1992","Minimal procedural provisions (commencement table is standard)"],"plain_english_summary":"This declaration (made by SA Treasurer Stephen Mullighan MP) exempts tow truck drivers from automatic mutual recognition in South Australia. Interstate-licensed tow truck operators cannot automatically work in SA and must meet SA’s own licensing requirements. The measure is justified by higher local safety and consumer-protection standards and runs from 1 July 2022 until it sunsets on 1 October 2027 unless revoked earlier."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements the stated purpose in its simplified outline (s.4) by exempting tow truck driver registrations from automatic deemed registration in South Australia (s.6). Its scope is narrow and confined to a single occupation and to South Australia, with a sunset mechanism (s.2, s.4). It does not expand mutual recognition generally; it removes a specific class from automatic recognition rather than altering other occupations or the underlying federal Act."},"complexity_factors":["Cross‑jurisdictional interaction: relies on and excludes operation under the Commonwealth Mutual Recognition Act 1992 (s.3, s.6), creating federal–state legal interplay","Narrow, occupation‑specific scope: addresses a single licence class (tow truck drivers) which simplifies substantive rules but concentrates legal effect","Reference dependence: operational effect depends on South Australia’s existing Tow Truck Certificate regime under the Motor Vehicles Act 1959 (s.6)","Temporal mechanics: contains commencement and sunset mechanics (commencement 1 July 2022; repeal generally 1 Oct 2027) requiring attention to timing (s.2, s.4)","Descriptive risk statement: s.6(2) attaches consumer/worker safety and consumer‑protection rationales, which are qualitative and may invite evidentiary or policy challenge","Low procedural complexity: instrument is short and directive, but its legal effect requires checking interacting federal and state statutes"],"plain_english_summary":"This declaration excludes tow truck driver registrations (under South Australia’s Motor Vehicles Act 1959) from the Commonwealth’s automatic mutual recognition scheme. That means out‑of‑state tow operators will not be automatically deemed registered in South Australia and must meet SA’s tow truck certificate and entry requirements instead (see s.6; s.4). The instrument applies only in South Australia and includes a statutory sunset provision (repeal generally expected 1 October 2027) (s.4)."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022","history":"/api/acts/automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022/history","analysis":"/api/acts/automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022/analysis","conflicts":"/api/acts/automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022/important-cases","documents":"/api/acts/automatic-mutual-recognition-south-australia-exemption-tow-truck-drivers-declaration-2022/documents"}}