{"id":"F2025L00665","name":"Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025","slug":"automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442844,"registerId":"F2025L00665-fast-fetch-1775957779572","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAutomatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025\n\nI, Roger Jaensch, Minister for Finance (Tasmania), make the following declaration.\n\nDated: 5 June 2025    \n\nRoger Jaensch\n\nMinister for Finance (Tasmania)\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\n \n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (Tasmania) (Exemptions—Five-Year) Declaration 2025.\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of this instrument 1 July 2025. 1 July 2025.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n4  Simplified outline of this instrument\n\nThe purpose of this instrument is to exempt registrations for five years from 1 July 2025 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 Tasmania.\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 the first 1 April or 1 October falling on or after the fifth anniversary of the registration of the instrument on the Federal Register of Legislation.\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 Tasmania.\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 Security-sensitive Dangerous Substances (SSDS) Permit under the Security-sensitive Dangerous Substances Act 2005 There is a significant risk to the health or safety of workers or the public. This risk arises due to substantial differences between jurisdictions for the issuing of SSDS permits and Responsible Worker Status, which means that those working under AMR may not meet Tasmanian requirements. This risk is considered to be significant given the nature of the activities that these registrations involve, in that they deal with dangerous substances and engage in high risk activities, such as the transport, use, manufacture and storing of explosives. Misuse or mishandling of dangerous substances poses a significant risk to the health and safety of both workers and the public.\n- 2 Responsible Worker Status under the Security-sensitive Dangerous Substances Act 2005 There is a significant risk to the health or safety of workers or the public. This risk arises due to substantial differences between jurisdictions for the issuing of SSDS permits and Responsible Worker Status, which means that those working under AMR may not meet Tasmanian requirements. This risk is considered to be significant given the nature of the activities that these registrations involve, in that they deal with dangerous substances and engage in high risk activities, such as the transport, use, manufacture and storing of explosives. Misuse or mishandling of dangerous substances poses a significant risk to the health and safety of both workers and the public.\n- 3 High Risk Work Licence (HRWL) Assessor under the Work Health and Safety Regulations 2012 There is a significant risk to the health or safety of workers or the public. This risk arises due to the substantial differences between jurisdictions as to the accreditation of, and conditions imposed upon, HRWL Assessors. This creates a significant risk as the operating requirements relating to high risk activities can differ between jurisdictions. As such, if a person working under AMR assesses a HRWL to a different standard, there is a significant risk if a HRWL is provided when it should not be, as the HRWL allows the holder to engage in high risk activities.\n\n\n \n\n (4) This section is repealed at the end of 30 June 2030.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument confines its effect to exempting three named registrations from automatic deemed registration in Tasmania for five years, consistent with its stated purpose (see section 4). It does not expand the range of Tasmanian powers beyond making those exemptions under the Mutual Recognition Act (see section 3 and section 6)."},"complexity_factors":["Narrow subject-matter and short list of exemptions (three specific registrations) reduces legal complexity (see section 6(3)).","Statutory authority ties to a specific Commonwealth power: made under section 42S of the Mutual Recognition Act 1992 (see section 3), requiring inter‑legislative alignment awareness.","Cross-jurisdictional technical differences are invoked as the substantive reason for exemption; assessing and comparing interstate standards will require technical regulatory analysis (see section 6(2) and table statements).","Sunset and repeal timing introduces temporal complexity for affected parties (commencement 1 July 2025; repeal 30 June 2030) and interaction with the Legislation Act 2003 (see sections 2, 4 and 6(4)).","Administrative discretion and implementation burden sit with Tasmanian regulators: verification, refusal or local registration processes must be applied to entrants who would otherwise rely on AMR (implied by the effect of the exemptions in section 6).","Risk statements use qualitative terms (‘significant risk’) which leave room for interpretive judgment in enforcement and decision-making (see section 6(3) column 2).","Compliance costs fall primarily on workers and businesses seeking to operate in Tasmania and on regulators who must assess equivalence, creating monitoring and transaction costs (implied by the exemption’s effect)."],"plain_english_summary":"This Tasmanian declaration (effective 1 July 2025) carves three specific registrations out of the Commonwealth’s automatic mutual recognition scheme for five years: Security‑sensitive Dangerous Substances (SSDS) permits, Responsible Worker Status for SSDS, and High Risk Work Licence (HRWL) Assessors. Practically, people with equivalent interstate registrations will not be automatically treated as registered in Tasmania for those roles, shifting verification and compliance duties to workers and Tasmanian regulators and preserving Tasmania’s local standards for high‑risk activities."},"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 declares specific exemptions from automatic mutual recognition for specified occupations. The scope is narrow and precisely targeted at three high-risk occupational registrations, which aligns with the original legislative intent to allow states to protect public safety where automatic recognition would create unacceptable risks."},"complexity_factors":["Very short instrument (6 sections, approximately 2 pages)","Only 3 defined terms (Act, plus implicit references to the three registration types)","Single purpose: creating exemptions to another Act","No nested exceptions or conditional logic beyond the fixed 5-year sunset date","Straightforward table structure with only 3 rows","Minimal cross-referencing (only to section 42S of the Mutual Recognition Act 1992 and section 50 of the Legislation Act 2003)"],"plain_english_summary":"This declaration suspends automatic mutual recognition in Tasmania for five years (1 July 2025–30 June 2030) for three high‑risk registrations: SSDS permits, Responsible Worker status, and HRWL assessors. \n\nIt forces interstate workers and employers to seek Tasmanian registration instead of relying on automatic transfer, citing safety risks and differing standards between jurisdictions."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025","history":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025/history","analysis":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025/analysis","conflicts":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025/important-cases","documents":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-five-year-declaration-2025/documents"}}