{"id":"F2023L00645","name":"Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year—Builders) Declaration 2023","slug":"automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441874,"registerId":"F2023L00645-fast-fetch-1775957054072","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year—Builders) Declaration 2023","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—Three-Year—Builders) Declaration 2023\n\nI, Michael Ferguson, Treasurer (Tasmania), make the following declaration.\n\nDated 22 May 2023   \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—Three-Year—Builders) Declaration 2023.\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of this instrument 1 July 2023. 1 July 2023.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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 three years from 1 July 2023 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 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- 2 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- 3 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- 4 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\n\n \n\n (4) This section is repealed at the end of 30 June 2026.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the function described in its title and authority provision: creating time-limited exemptions for specific builder registrations from automatic mutual recognition in Tasmania. The scope is narrow and precisely targeted, with no evidence of scope creep."},"complexity_factors":["Very short instrument (6 sections, approximately 1 page)","Only 1 defined term ('Act')","Single purpose: creating exemptions for 4 specific licence classes","No nested exceptions or conditional logic beyond the basic exemption structure","Clear sunset clause (automatic repeal on 30 June 2026)","Straightforward table format for listing exemptions"],"plain_english_summary":"This declaration temporarily suspends automatic mutual recognition for certain Tasmanian builder licences for three years (1 July 2023–30 June 2026), meaning interstate registrations won’t be automatically accepted in Tasmania. It affects builders moving into the state and was made so Tasmania’s regulator can better assess financial and consumer-protection risks posed by out‑of‑state entrants."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument’s scope matches its stated purpose (s4, s6): it temporarily exempts specified Tasmanian builder registrations from automatic deemed registration under the Mutual Recognition Act, limited to Tasmania and to the four listed licence types, with a repeal at 30 June 2026 (s6(4))."},"complexity_factors":["Narrow occupational scope — only four licensed builder categories are listed (s6(3)).","Interaction with Commonwealth Mutual Recognition Act (authority under s42S of that Act) creates cross‑jurisdictional legal effect (s3).","Temporary time limit and sunset/repeal mechanics — three‑year practical effect and formal repeal date at end of 30 June 2026 (s2, s6(4)).","Operational reliance on Tasmanian regulators obtaining financial/solvency information from interstate builders to manage consumer‑protection risks (statement of risk in s6(3)).","Instrument applies only in Tasmania, so effect depends on interplay between state registration systems and national mutual recognition framework (s4)."],"plain_english_summary":"This declaration prevents certain Tasmanian builder licences from being automatically recognised under the Commonwealth Mutual Recognition Act for three years from 1 July 2023. It applies only in Tasmania and targets four licensed builder categories under the Occupational Licensing Act 2005 (s6).\n\nThe instrument says it responds to a consumer‑protection risk because Tasmanian regulators have difficulty obtaining interstate builders’ financial and solvency information; as a result interstate builders cannot rely on automatic deemed registration and must satisfy Tasmanian registration requirements (s4, s6)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023","history":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023/history","analysis":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023/analysis","conflicts":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023/important-cases","documents":"/api/acts/automatic-mutual-recognition-tasmania-exemptions-three-year-builders-declaration-2023/documents"}}