{"id":"F2021L01877","name":"Automatic Mutual Recognition (Victoria) (Notification Requirement—Building, Plumbing, Architecture and Land Surveying Industries) Determination 2021","slug":"automatic-mutual-recognition-victoria-notification-requirement-building-plumbing-architecture-and-la","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102229,"registerId":"commonwealth-F2021L01877-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\nThis instrument is made under subsection 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.","sortOrder":0},{"sectionNumber":"4","sectionType":"part","heading":"Simplified outline of this instrument","content":"## 4 Simplified outline of this instrument\n\nThe purpose of this instrument is to require a person to notify a local registration authority before the person begins to rely on automatic deemed registration under the Mutual Recognition Act 1992 of the Commonwealth to carry on an activity in Victoria.\n\nUnless revoked earlier, this instrument will sunset under section 50 of the\n\nLegislation Act 2003 of the Commonwealth (see subsection 42J(5) 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 This will generally mean that this instrument will be repealed on the first 1 April or 1 October falling on or after the tenth anniversary of the registration of the instrument on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"5","sectionType":"part","heading":"Definitions","content":"## 5 Definitions\n\nIn this instrument:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.","sortOrder":2},{"sectionNumber":"6","sectionType":"part","heading":"Notification requirement","content":"## 6 Notification requirement\n\n  For the purposes of section 42J(4) of the Act, notification is required for the following registrations in Victoria:\n    (a) an architect registered under section 11 of the Architects Act 1991;\n    (b) a person who is a building practitioner registered under Part 11 of the Building Act 1993 other than a person registered in the class of building surveyor;\n    (c) a person who is a registered plumber under Part 12A of the Building Act 1993, other than a person who is a registered plumber under Part 12A of the Building Act 1993 who is registered in any of the following classes of plumbing work specified in Part 4 or Part 5 of the Plumbing Regulations 2018:\n\n    gasfitting\n    Type A appliance conversion\n    Type A appliance servicing\n    Type B gasfitting\n    Type B gasfitting advanced\n    Fire protection\n    Roofing (stormwater)\n    Mechanical services;\n\n    (d) a person registered as a licensed surveyor under Division 1 of Part 2 of the Surveying Act 2004.","sortOrder":3}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not alter who is eligible for mutual recognition; it adds a procedural requirement (notification) for specified registration classes before relying on deemed registration in Victoria (see s6). It therefore changes process and compliance obligations but not the substantive scope of recognised occupations."},"complexity_factors":["Cross-jurisdictional interaction: relies on the Commonwealth Mutual Recognition Act 1992 (subsection 42J(4)) and links federal automatic recognition to Victoria’s local registration process (s3, s6).","Narrow, procedural change: instrument imposes a single notification obligation rather than substantive regulatory standards (s6).","Specific inclusions and exclusions: detailed list of affected classes (architects, most building practitioners, most plumbers, licensed surveyors) and explicit exclusions for building surveyors and certain plumbing classes requiring careful reading (s6).","Sunset mechanism: instrument will repeal under the Legislation Act 2003 timetable, requiring awareness of expiry timing and administrative renewals if intended to continue (s4).","Operational implementation: requires action by individuals (notification to local registration authority) and administrative handling by local authorities, creating modest compliance and processing workload (s6).","Dependence on defined term: uses 'Act' to mean the Mutual Recognition Act 1992, so interpretation depends on that Commonwealth statute (s5)."],"plain_english_summary":"This instrument requires certain professionals to notify the local registration authority before they rely on automatic \"deemed registration\" under the Commonwealth Mutual Recognition Act 1992 to practise in Victoria (see ss 3, 6). It applies to architects, most building practitioners (not building surveyors), licensed surveyors and most registered plumbers (with specific plumbing classes excluded). The measure adds a pre-commencement administrative step tying Commonwealth automatic recognition to Victoria’s registration system and creates a compliance obligation on the individual practitioner."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly scoped to its original purpose: establishing notification requirements for specific Victorian occupations under the automatic mutual recognition scheme. It does not expand beyond the four industries specified (architecture, building, plumbing, land surveying) and maintains the exclusions for higher-risk subclasses (building surveyors and certain plumbing specialisations) that were presumably part of the original policy intent."},"complexity_factors":["Very short instrument (6 sections, approximately 250 words)","Only 1 defined term ('Act')","Single operative provision (section 6) with straightforward list structure","Simple legislative hook: directly invokes section 42J(4) of the Mutual Recognition Act 1992","Limited conditional logic: only two exclusion categories (building surveyors excluded from (b); specific plumbing classes excluded from (c))","No cross-references to other Commonwealth legislation beyond the empowering Act and standard sunset provision","Clear, readable structure with simplified outline provided"],"plain_english_summary":"This law makes certain professionals who move to Victoria and rely on Commonwealth “automatic mutual recognition” give advance notice to the Victorian registration authority before they start working. It targets architects, building practitioners (excluding building surveyors), plumbers (with specified exclusions), and licensed surveyors.\n\nThe requirement gives Victorian regulators a heads‑up so they can monitor entrants to protect building safety and professional standards."},"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-victoria-notification-requirement-building-plumbing-architecture-and-la","history":"/api/acts/automatic-mutual-recognition-victoria-notification-requirement-building-plumbing-architecture-and-la/history","analysis":"/api/acts/automatic-mutual-recognition-victoria-notification-requirement-building-plumbing-architecture-and-la/analysis","conflicts":"/api/acts/automatic-mutual-recognition-victoria-notification-requirement-building-plumbing-architecture-and-la/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-victoria-notification-requirement-building-plumbing-architecture-and-la/important-cases","documents":"/api/acts/automatic-mutual-recognition-victoria-notification-requirement-building-plumbing-architecture-and-la/documents"}}