{"id":"F2022L00929","name":"Automatic Mutual Recognition (Tasmania) (Exemptions—One-Year) Declaration 2022","slug":"automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441459,"registerId":"F2022L00929-fast-fetch-1775956742830","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Tasmania) (Exemptions—One-Year) 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?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—One-Year) Declaration 2022\n\nI, Michael Ferguson, Treasurer (Tasmania), make the following declaration.\n\nDated: 15 June 2022    \n\nMichael Ferguson\n\nTreasurer (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\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (Tasmania) (Exemptions—One-Year) 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of this instrument 1 July 2022. 1 July 2022.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n4  Simplified outline of this instrument\n\nThe purpose of this instrument is to exempt registrations for one year from 1 July 2022 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 Licensed Conveyancer under the Conveyancing Act 2004 There is a significant risk to consumer protection. This risk arises due to differences between jurisdictions in the definition of conveyancing work, along with differences in conveyancing laws and practices. This poses a significant risk to consumers that conveyancing work may be completed to a different standard than that required in Tasmania.\n- 2 Licensed Builder - General Construction - Open under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.\n- 3 Licensed Builder - General Construction – Medium Rise under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.\n- 4 Licensed Builder - General Construction – Low Rise under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.\n- 5 Licensed Builder - General Construction - Domestic under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers.\n- 6 Licensed Real Estate Agent under the Property Agents and Land Transactions Act 2016 There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to both vendors and purchasers of real estate in Tasmania due to the potential application of differing standards.\n- 7 Licensed Property Manager under the Property Agents and Land Transactions Act 2016 There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to parties letting or renting property in Tasmania due to the potential application of differing standards.\n- 8 Licensed General Auctioneer under the Property Agents and Land Transactions Act 2016 There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to both vendors and purchasers of real estate in Tasmania due to the potential application of differing standards\n- 9 Licensed Property Representative under the Property Agents and Land Transactions Act 2016 There is a significant risk to consumer protection. This risk arises due to a number of key differences in standards or requirements in Tasmania compared with other jurisdictions. A significant risk arises to both vendors and purchasers of real estate in Tasmania due to the potential application of differing standards.\n\n\n \n\n (4) This section is repealed at the end of 30 June 2023.\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","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 — allowing a state to temporarily exempt specific occupations from automatic mutual recognition where there are identified risks. The scope is narrow and precisely targeted, covering only nine specific registration types for a fixed one-year period."},"complexity_factors":["Very short instrument — only 6 sections plus a table","Single defined term ('Act')","No nested exceptions or conditional logic","Straightforward tabular format for exemptions","Clear sunset clause with fixed repeal date (30 June 2023)","Minimal cross-referencing — only references to specific sections of the Mutual Recognition Act 1992 and Legislation Act 2003"],"plain_english_summary":"This temporary declaration by the Tasmanian Treasurer suspends automatic mutual recognition for nine property and building occupations in Tasmania from 1 July 2022 to 30 June 2023. It prevents interstate-registered conveyancers, several licensed builder classes, real estate agents, property managers, auctioneers and property representatives from being automatically recognised in Tasmania, citing consumer-protection and financial-solvency risks. Affected workers must seek Tasmanian registration; consumers and regulators remain subject to local standards."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the ordinary operation of the Mutual Recognition Act in Tasmania by excluding specified registrations from automatic deemed registration for one year (s 6(1),(4)). It therefore changes the mutual‑recognition scope for the listed occupations (nine items in s 6(3)), shifting the regulatory boundary so interstate practitioners cannot automatically rely on deemed Tasmanian registration during the exemption period."},"complexity_factors":["Cross‑reference to Commonwealth Mutual Recognition Act 1992 (authority under s 42S) creating an exemption to a federal scheme.","Temporal limitation and repeal mechanics (one‑year exemption, repeal clause at s 6(4), and sunset mechanics referenced in s 4).","Explicit, itemised table of nine distinct registration types with bespoke risk statements (s 6(3)), requiring regulators to apply different rules by occupation.","Jurisdictional limitation to Tasmania only (s 4), producing asymmetric regulatory treatment across states and potential administrative coordination needs.","Immediate commencement date (1 July 2022) requiring prompt operational and compliance action by agencies and affected practitioners (commencement table).","Reliance on regulatory judgments about consumer, health, safety and financial risks (s 6(2)) rather than calibrated numeric thresholds, increasing discretionary assessment steps."],"plain_english_summary":"This declaration (from 1 July 2022) temporarily excludes certain Tasmanian occupational registrations from the Commonwealth’s automatic mutual recognition scheme for one year. That means interstate practitioners in the listed occupations (notably conveyancers, several builder classes and various real‑estate roles) cannot rely on ‘deemed’ Tasmanian registration and may need to meet Tasmanian registration requirements. It matters because it changes who must register in Tasmania and is justified in the text by consumer‑protection and related risks."}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022","history":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022/history","analysis":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022/analysis","conflicts":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022/important-cases","documents":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-one-year-declaration-2022/documents"}}