{"id":"F2008B00379","name":"Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (25/08/2000)","slug":"mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":73310,"registerId":"commonwealth-F2008B00379-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition Act 1992 - Section 32 - Ministerial Declaration (25/08/2000)","content":"MUTUAL RECOGNITION ACT 1992 – S.32\n\nMinisterial Declaration\n\nWhereas no underground coal mines exist in South Australia, we jointly declare that:\n\n(a) the occupation which may be carried on only by a person granted a Restricted First  \nClass Mine Manager’s Certificate of Competency pursuant to the Mines and Works  \nInspection Act 1920 (South Australia) (as amended) and the Mines and Works  \nInspection Regulations 1966 (South Australia) (as amended), being a certificate  \nrestricted to coal mines\n\nand\n\n(b) the occupation which may be carried on by a person granted a Limited Mine  \nManager’s Certificate of Competency pursuant to S.57(1)(c) of the Coal Mining Act  \n1925 (Queensland) (as amended), being a certificate in respect of open-cut coal mines\n\nare equivalent.\n\nThe Honourable Wayne Matthew MP\n\nSouth Australian Minister for Minerals and Energy and\n\nMinister Assisting the Deputy Premier\n\nThe Honourable Tony McGrady MP\n\nQueensland Minister for Mines and Energy and\n\nMinister Assisting the Deputy Premier on Regional Development\n\nDated this 25th day of August 2000","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This declaration operates exactly as intended under the Mutual Recognition Act 1992 — it is a specific, narrow equivalence determination between two particular mining qualifications. There is no evidence of scope creep; it addresses precisely what it purports to address."},"complexity_factors":["Very short document (under 300 words)","Only 2 defined items being declared equivalent","No cross-references to other legislation beyond naming the source statutes","Simple conditional structure (whereas... declare that...)","No nested exceptions or complex logical operators","Straightforward factual premise (no underground coal mines in SA) that simplifies the context"],"plain_english_summary":"This is a formal agreement between South Australia and Queensland that recognises two different mining qualifications as being 'equivalent' to each other.\n\n**What it does:**\nUnder the Mutual Recognition Act 1992, Australian states and territories can agree that certain occupational licences or qualifications from one state are equivalent to those in another. This allows workers to move between states without having to retrain or requalify.\n\n**Specifically:**\n- **South Australia's qualification:** A 'Restricted First Class Mine Manager's Certificate' — but only the version restricted to coal mines (even though SA has no underground coal mines anyway)\n- **Queensland's qualification:** A 'Limited Mine Manager's Certificate' for open-cut coal mines\n\n**Who it affects:**\nMine managers who hold either of these certificates and want to work across state borders. If you have the Queensland open-cut coal mine certificate, South Australia will recognise it as equivalent to their restricted coal mine certificate. Conversely, SA certificate holders could potentially work in Queensland.\n\n**Why it matters:**\nThis removes a barrier to interstate mobility for mining professionals. Without this declaration, a mine manager qualified in Queensland would need to go through a separate assessment or training process to work in South Australia, even though the skills are essentially the same. It reduces red tape and makes it easier for mining companies to deploy staff across state borders."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The declaration alters the cross‑jurisdictional scope of recognition under the Mutual Recognition Act by treating two previously separate State‑specific occupational certificates as equivalent between South Australia and Queensland. Mechanically, it allows holders of the specified South Australian coal mine manager certificate and the specified Queensland open‑cut mine manager certificate to be treated as holding an equivalent occupation in the other State for mutual recognition purposes (declaration parts (a) and (b)). It does not amend the underlying State statutes or the substantive content of either certificate; it changes only the interstate recognition outcome."},"complexity_factors":["Narrow, specific subject matter (two named certificates and two States).","Simple legal mechanism: a ministerial declaration under a single statutory power (Mutual Recognition Act s.32).","Technical references to state Acts/regulations (mining certificates) that require domain knowledge to interpret operational differences.","Cross‑jurisdictional interaction which can create practical implementation issues despite simple text."],"plain_english_summary":"What this does (mechanically)\n\n- This is a ministerial declaration made under the Mutual Recognition Act 1992 (section 32) dated 25 August 2000. It states that two specific mine‑manager occupations, each created by a different State law, are to be treated as equivalent for the purposes of mutual recognition between South Australia and Queensland.\n- The two occupations declared equivalent are: (a) the occupation that can be carried on only by someone holding a Restricted First Class Mine Manager’s Certificate of Competency issued under the Mines and Works Inspection Act 1920 (SA) and its regulations (a certificate restricted to coal mines), and (b) the occupation that can be carried on by someone holding a Limited Mine Manager’s Certificate of Competency under s.57(1)(c) of the Coal Mining Act 1925 (QLD) (a certificate in respect of open‑cut coal mines). The declaration expressly notes that no underground coal mines exist in South Australia. (See parts (a) and (b) of the declaration.)\n\nWho is affected\n\n- Holders of the two named certificates, or applicants for those certificates, who seek to have their qualification accepted in the other State.\n- Employers, mine operators and regulators in South Australia and Queensland who must accept or process mutual recognition between these certificate types.\n\nWhy it matters (practical effect)\n\n- It removes the need for a person holding one of these specified certificates to obtain a separate, different certificate from the other State in order to carry on the equivalent occupation there. The immediate effects are reduced administrative duplication for individuals and regulators and lower friction for labour mobility between the two States for the specified roles. (Declaration text, parts (a) and (b).)\n\nMechanisms, incentives, costs and trade‑offs (source‑grounded)\n\n- Who decides: the declaration is made by the respective State Ministers (text signed by the South Australian and Queensland Ministers), exercising the power under the Mutual Recognition Act. That is the discrete act that changes cross‑jurisdictional recognition (ministerial action cited in the declaration). \n- Who pays and who benefits: the primary, concentrated beneficiaries are holders of the specified certificates who gain easier cross‑border recognition. Employers and mine operators seeking to recruit from the other State face lower hiring friction. Administrative costs of issuing or checking additional State certificates are reduced (benefit to both certificate‑holders and regulators). The State regulators may incur some administrative work to implement recognition arrangements but no new statutory payments are required by the declaration itself. \n- Compliance burden and substitution effects: the declaration reduces compliance burden for individuals moving between the two States by removing the need for a separate local certificate for the declared occupations. It substitutes cross‑jurisdictional recognition for re‑certification. \n- Implementation risk and practical limits: the declaration equates two certificates that arise under different State laws and for different mine types (SA certificate is restricted to coal mines generally; QLD certificate is specified for open‑cut coal mines). Because the declaration notes there are no underground coal mines in South Australia, the equivalence is defined against the local industry structure. Any differences in the substantive scope of training, operational conditions, or statutory duties attached to the original State certificates remain in the underlying Acts and regulations; the declaration does not itself harmonise those laws, it treats the two occupations as equivalent for mutual recognition purposes (see parts (a) and (b)). \n- Bureaucratic discretion and risk of mismatch: the declaration is an exercise of ministerial discretion under mutual recognition; it creates a legal recognition pathway but does not change the content of the original certificates. Where the day‑to‑day responsibilities, safety rules or mine types differ materially between jurisdictions, there is a risk that recognised certificate‑holders may face conditions or supervisory obligations that differ from those envisaged in their original issuing regime. \n\nSource citations\n\n- Ministerial Declaration (Mutual Recognition Act 1992 – s.32), dated 25 August 2000; parts (a) and (b) of the declaration as quoted in the source."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000","history":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000/history","analysis":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000/analysis","conflicts":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000/conflicts","importantCases":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000/important-cases","documents":"/api/acts/mutual-recognition-act-1992-section-32-ministerial-declaration-25-08-2000/documents"}}