{"id":"a-1992-66","name":"Mutual Recognition (Australian Capital Territory) Act 1992","slug":"mutual-recognition-australian-capital-territory-act-1992","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"66 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23976,"registerId":"act-a-1992-66-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition (Australian Capital Territory) Act 1992","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMutual Recognition (Australian Capital\nTerritory) Act 1992\nA1992-66\nRepublication No 3\nEffective: 24 August 2022\nRepublication date: 24 August 2022\nLast amendment made by A2022-14\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Mutual Recognition (Australian Capital Territory) Act 1992\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 24 August 2022. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 24 August 2022.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMutual Recognition (Australian Capital\nTerritory) Act 1992\nContents\nPage\n1 Name of Act 2\n2 Dictionary 2\n2A Notes 2\n3 Expiry of Act 2\n4 Meaning of Commonwealth Act 3\n5 Request for Commonwealth legislation 3\n6 Approval of amendments 4\n7 Regulations for temporary exemptions for goods 4\n\nContents\nPage\ncontents 2 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 5\nPart 1 Preliminary\n1 Short title 5\n2 Commencement 5\n3 Principal purpose 6\n4 Interpretation 6\n5 Application of this Act to States 8\n6 Operation of this Act 8\n7 Crown bound 8\nPart 2 Goods\n8 Mutual recognition 9\n9 Entitlement to sell goods 9\n10 Requirements that do not need to be complied with 9\n11 Requirements that do need to be complied with 10\n12 Defences to offences regarding sale 11\n13 Goods that comply with local law 12\n14 Permanent exemptions 12\n15 Temporary exemptions 13\nPart 3 Occupations\nDivision 1 Preliminary\n16 Mutual recognition 14\n17 Entitlement to carry on occupation 14\n18 Application of this part 15\nDivision 2 Entitlement to registration\n19 Notification to local registration authority 15\n20 Entitlement to registration and continued registration 17\n21 Action following notice 17\n22 Postponement of registration 18\n23 Refusal of registration 19\n24 Notification of decision 19\n\nContents\nPage\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 3 Interim arrangements\n25 Deemed registration 19\n26 Duration of deemed registration 20\n27 Activities under deemed registration 20\nDivision 4 Equivalent occupations\n28 Equivalent occupations 22\n29 General principle 22\n30 Declarations as to equivalent occupations 22\n31 Declarations by Tribunal 22\n32 Declarations by Ministers 24\nDivision 5 General provisions\n33 Disciplinary action 24\n34 Review of decisions 25\n35 Costs 25\n36 Residence or domicile 25\n37 Furnishing information 26\n38 Receiving information 26\n39 General responsibilities of local registration authorities 26\n40 Fees 27\n41 Formalities requiring personal attendance 27\n42 Saving 28\nPart 4 General\n43 References to participating jurisdictions 29\n44 Application of mutual recognition principle 29\n45 Machinery provisions regarding limitations etc 29\n46 Determining place of production 30\n47 Amendment of schedules 30\n\nContents\nPage\ncontents 4 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary 35\nEndnotes\n1 About the endnotes 36\n2 Abbreviation key 36\n3 Legislation history 37\n4 Amendment history 38\n5 Earlier republications 39\n\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMutual Recognition (Australian Capital\nTerritory) Act 1992\nAn Act relating to the recognition of regulatory standards adopted in Australia\nregarding goods and occupations\n\nSection 1\npage 2 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Mutual Recognition (Australian Capital Territory)\nAct 1992.\n2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘Commonwealth Act—see\nsection 4.’ means that the term ‘Commonwealth Act’ is defined in that\nsection.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n2A Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n3 Expiry of Act\n(1) The Chief Minister may, in writing, fix a day when this Act expires.\n(2) If the Chief Minister fixes a day under subsection (1), this Act expires\non that day.\n(3) An instrument under subsection (1) is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n\nSection 4\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Meaning of Commonwealth Act\nCommonwealth Act means the Act of the Parliament of the\nCommonwealth, enacted as referred to in section 5 (1), and as\namended and in force from time to time.\n5 Request for Commonwealth legislation\n(1) The Legislative Assembly requests the enactment by the Parliament\nof the Commonwealth of an Act in, or substantially in, the terms set\nout in schedule 1 and, subject to subsection (2), the continuation in\nforce of the Act when so enacted.\n(2) The Legislative Assembly requests the Parliament of the\nCommonwealth to amend the Commonwealth Act (other than the\nschedules) but only in terms which are approved by the designated\nperson for each of the then participating jurisdictions.\n(3) For this section, a participating jurisdiction is—\n(a) a State for which there is in force an Act of its Parliament that\nrefers to the Parliament of the Commonwealth, to the extent to\nwhich they are not otherwise included in the legislative powers\nof the Parliament of the Commonwealth, matters to which the\nschedule relates, or that adopts the Commonwealth Act, under\nthe Commonwealth Constitution, section 51 (xxxvii); or\n(b) the Territory or the Northern Territory (while there is in force an\nAct of the Legislative Assembly of the Northern Territory that\nrequests the Parliament of the Commonwealth to enact the\nCommonwealth Act or that enables the Commonwealth Act to\napply in relation to the Northern Territory).\n(4) For this section, the designated person for the Territory is the Chief\nMinister, for a State is the Governor and for the Northern Territory is\nthe Administrator.\n\nSection 6\npage 4 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n6 Approval of amendments\n(1) For section 5 (2), the Chief Minister may, in writing, approve the\nterms of amendments of the Commonwealth Act.\n(2) An approval is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n7 Regulations for temporary exemptions for goods\nWithout limiting any other power to make regulations under any other\nAct, the Executive may make regulations for the purposes mentioned\nin the Commonwealth Act, section 15.\n\nMutual Recognition Bill 1992 Schedule 1\nPreliminary Part 1\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1\n(see s 5 (1))\nMutual Recognition Bill 1992\nA Bill for\nAn Act relating to the recognition of regulatory standards adopted in Australia\nregarding goods and occupations\nThe Parliament of Australia enacts:\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Mutual Recognition Act 1992.\n2 Commencement\nThe provisions of this Act commence on a day or days to be fixed by\nProclamation.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 1 Preliminary\nClause 3\npage 6 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Principal purpose\nThe principal purpose of this Act is to enact legislation authorised by\nthe Parliaments of States under paragraph (xxxvii) of section 51 of\nthe Commonwealth Constitution, and requested by the legislatures of\nthe Australian Capital Territory and the Northern Territory, for the\npurpose of promoting the goal of freedom of movement of goods and\nservice providers in a national market in Australia.\n4 Interpretation\n(1) In this Act unless the contrary intention appears:\nconditions, when used in relation to occupations, means conditions,\nlimitations or restrictions.\ndeemed registration means deemed registration as defined in\nsection 25.\nequivalent, when used in relation to occupations, has a meaning\naffected by Division 4 of Part 3.\ngoods means goods of any kind, and includes:\n(a) animals; or\n(b) a package containing goods; or\n(c) a label attached to goods.\ngrant, when used in relation to registration, means grant, issue or\notherwise confer registration.\nimport means import from outside Australia.\nlabelling of goods includes any means by which, at the point of sale,\ninformation is attached to goods or is displayed in relation to goods\nwithout being attached to them.\n\nMutual Recognition Bill 1992 Schedule 1\nPreliminary Part 1\nClause 4\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nlocal registration authority of a State for an occupation means the\nperson or authority in the State having the function conferred by\nlegislation of registering persons in connection with their carrying on\nof that occupation in the State.\noccupation means an occupation, trade, profession or calling of any\nkind that may be carried on only by registered persons, where\nregistration is wholly or partly dependent on the attainment or\npossession of some qualification (for example, training, education,\nexamination, experience, character or being fit or proper), and\nincludes a specialisation in any of the above in which registration may\nbe granted.\nparticipating jurisdiction has the meaning given by section 43.\nproduce includes to manufacture, and also includes to harvest or\notherwise produce in the course of any form of primary production.\nregistration includes the licensing, approval, admission, certification\n(including by way of practising certificates), or any other form of\nauthorisation, of a person required by or under legislation for the\ncarrying on of an occupation.\nrequirements, when used in relation to goods, means requirements,\nprohibitions, restrictions or conditions.\nsell includes sell by wholesale or retail, and includes distribute for\nsale, expose or offer for sale or have in possession for sale or agree to\nsell, and includes barter, and includes supply by way of exchange,\nlease, hire or hire-purchase.\nState includes the Australian Capital Territory or the Northern\nTerritory.\nsubstantive registration means registration under a law of a State, but\ndoes not include deemed registration.\nTribunal means the Administrative Appeals Tribunal.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 1 Preliminary\nClause 5\npage 8 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This Act is to be interpreted in accordance with the Acts\nInterpretation Act 1901 as in force at the date on which this Act\nreceives the Royal Assent.\nNote Under amendments made to the Commonwealth Act on 1 July 2021,\ncertain individuals who are authorised to carry on an activity covered by\nan occupation in a State or the Northern Territory are automatically\ndeemed to be authorised to carry on the activity in another State or\nTerritory (see Commonwealth Act, pt 3A).\n5 Application of this Act to States\n(1) This Act applies to a State, but only while it is a participating\njurisdiction.\n(2) Accordingly, a reference in this Act to a State is a reference to a State\nthat is a participating jurisdiction.\n6 Operation of this Act\n(1) Nothing in this Act affects the operation of any other law of the\nCommonwealth.\n(2) This Act does not limit the operation of a law of a State so far as it\ncan operate concurrently with this Act.\n7 Crown bound\nSubject to section 5, this Act binds the Crown in right of the\nCommonwealth and of each of the States.\n\nMutual Recognition Bill 1992 Schedule 1\nGoods Part 2\nClause 8\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Goods\n8 Mutual recognition\n(1) The mutual recognition principle as applying to goods is as set out in\nthis part.\n(2) This part deals with goods produced in or imported into a State and\ntheir sale in another State.\n(3) In this part, the firstmentioned State is called the first State, and the\nother State is called the second State.\n9 Entitlement to sell goods\nThe mutual recognition principle is that, subject to this part, goods\nproduced in or imported into the first State, that may lawfully be sold\nin that State either generally or in particular circumstances, may, by\nvirtue of this Act, be sold in the second State either generally or in\nparticular circumstances (as the case may be), without the necessity\nfor compliance with further requirements as described in section 10.\n10 Requirements that do not need to be complied with\nThe further requirements referred to in section 9 are any one or more\nof the following requirements relating to sale that are imposed by or\nunder the law of the second State:\n(a) a requirement that the goods satisfy standards of the second\nState relating to the goods themselves, including for example\nrequirements relating to their production, composition, quality\nor performance;\n(b) a requirement that the goods satisfy standards of the second\nState relating to the way the goods are presented, including for\nexample requirements relating to their packaging, labelling, date\nstamping or age;\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 2 Goods\nClause 11\npage 10 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) a requirement that the goods be inspected, passed or similarly\ndealt with in or for the purposes of the second State;\n(d) a requirement that any step in the production of the goods not\noccur outside the second State;\n(e) any other requirement relating to sale that would prevent or\nrestrict, or would have the effect of preventing or restricting, the\nsale of the goods in the second State.\n11 Requirements that do need to be complied with\n(1) The mutual recognition principle is subject to the exceptions specified\nin this section.\n(2) The first exception is that the principle does not affect the operation\nof any laws of the second State that regulate the manner of the sale of\ngoods in the second State or the manner in which sellers conduct or\nare required to conduct their business in the second State (including\nlaws set out in the examples below), so long as those laws apply\nequally to goods produced in or imported into the second State.\nExamples\nLaws relating to the following:\n(a) the contractual aspects of the sale of goods;\n(b) the registration of sellers or other persons carrying on occupations;\n(c) the requirement for business franchise licences;\n(d) the persons to whom goods may or may not be sold;\n(e) the circumstances in which goods may or may not be sold.\n(3) The second exception is that the principle does not affect the\noperation of any laws of the second State regarding the transportation,\nstorage or handling of goods within the State, so long as—\n(a) those laws apply equally to goods produced in or imported into\nthe second State; and\n\nMutual Recognition Bill 1992 Schedule 1\nGoods Part 2\nClause 12\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) those laws are directed at matters affecting health and safety of\npersons in the second State or at preventing, minimising or\nregulating environmental pollution (including air, water, noise\nor soil pollution) in the second State.\n(4) The third exception is that the principle does not affect the operation\nof any laws of the second State regarding the inspection of goods\nwithin the State, so long as—\n(a) inspection or the requirement for inspection is not a prerequisite\nto the sale of the goods in the second State; and\n(b) those laws apply equally to goods produced in or imported into\nthe second State; and\n(c) those laws are directed at matters affecting the health and safety\nof persons in the second State or at preventing, minimising or\nregulating environmental pollution (including air, water, noise\nor soil pollution) in the second State.\n12 Defences to offences regarding sale\n(1) It is a defence to a prosecution for an offence against a law of the\nsecond State in relation to the sale of any goods if the defendant\nexpressly claims that the mutual recognition principle applies and\nestablishes that—\n(a) the goods were labelled at the point of sale with a statement to\nthe effect that the goods were produced in or imported into the\nfirst State; and\n(b) the defendant had no reasonable grounds for suspecting that they\nwere not so produced or imported.\n(2) The defence is not available if the prosecution proves that the mutual\nrecognition principle did not apply in the circumstances of the alleged\noffence (because for example the goods did not comply with\nrequirements imposed by the law of the first State).\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 2 Goods\nClause 13\npage 12 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Any relevant presumptions or evidentiary procedures under the law\nof the first State are available to the prosecution or defendant in\nrelation to matters sought to be proved by the prosecution under\nsubsection (2).\n(4) Any relevant defences under the law of the first State are available to\nthe defendant in relation to matters sought to be proved by the\nprosecution under subsection (2).\n(5) This section does not affect any defence that is available apart from\nthis section.\n13 Goods that comply with local law\n(1) Nothing in this part prevents goods from being sold in the second\nState if (apart from this Act) they comply with the relevant\nrequirements imposed by or under the law of the second State.\n(2) Nothing in this part requires the labelling of goods as mentioned in\nsection 12 if (apart from this Act) they comply with the relevant\nrequirements imposed by or under the law of the second State.\n14 Permanent exemptions\n(1) This part does not apply to goods that are specified in schedule 1.\n(2) This part does not affect the operation of laws described in\nschedule 2.\n(3) Unless otherwise stated in schedule 2, a law described in that schedule\nincludes any amendment or replacement of that law, but only to the\nextent that the amendment or replacement deals with the same subject\nmatter.\n\nMutual Recognition Bill 1992 Schedule 1\nGoods Part 2\nClause 15\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Temporary exemptions\n(1) This part does not apply to the sale in the second State of goods, or\naffect laws of the second State, for the time being declared by or under\nan Act or regulation of the State to be goods or laws to which this\nsection applies.\n(2) Any such exemptions have effect only if they are substantially for the\npurpose of protecting the health and safety of persons in the State or\npreventing, minimising or regulating environmental pollution\n(including air, water, noise or soil pollution) in the State.\n(3) No such exemption operates (together with the period of any previous\nexemption) for longer than a period of 12 months or an aggregate\nperiod of 12 months.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 1 Preliminary\nClause 16\npage 14 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Occupations\nDivision 1 Preliminary\n16 Mutual recognition\n(1) The mutual recognition principle as applying to occupations is as set\nout in this part.\n(2) This part deals with the ability of a person who is registered in\nconnection with an occupation in a State to carry on an equivalent\noccupation in another State.\n(3) In this part, the firstmentioned State is called the first State, and the\nother State is called the second State.\n17 Entitlement to carry on occupation\n(1) The mutual recognition principle is that, subject to this part, a person\nwho is registered in the first State for an occupation is, by this Act,\nentitled after notifying the local registration authority of the second\nState for the equivalent occupation—\n(a) to be registered in the second State for the equivalent\noccupation; and\n(b) pending such registration, to carry on the equivalent occupation\nin the second State.\n(2) However, the mutual recognition principle is subject to the exception\nthat it does not affect the operation of laws that regulate the manner\nof carrying on an occupation in the second State, so long as those\nlaws—\n(a) apply equally to all persons carrying on or seeking to carry on\nthe occupation under the law of the second State; and\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nEntitlement to registration Division 2\nClause 18\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) are not based on the attainment or possession of some\nqualification or experience relating to fitness to carry on the\noccupation.\n18 Application of this part\n(1) This part applies to individuals and occupations carried on by them.\n(2) This part extends to an occupation carried on by an individual, where\nthe individual is subject to more than one system of registration or\nmore than one local registration authority in a State, and accordingly\nthis part applies in relation to each such system of registration and\neach such authority.\n(3) Without limiting subsection (2), an example of such an occupation is\nthat of a legal practitioner, which involves both the admission as a\nlegal practitioner by a court and the issue of a practising certificate by\nanother body.\nDivision 2 Entitlement to registration\n19 Notification to local registration authority\n(1) A person who is registered in the first State for an occupation may\nlodge a written notice with the local registration authority of the\nsecond State for the equivalent occupation, seeking registration for\nthe equivalent occupation in accordance with the mutual recognition\nprinciple.\n(2) The notice must—\n(a) state that the person is registered for the occupation in the first\nState and specify that State; and\n(b) state the occupation for which registration is sought and that it\nis being sought in accordance with the mutual recognition\nprinciple; and\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 2 Entitlement to registration\nClause 19\npage 16 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) specify all the States in which the person has substantive\nregistration for equivalent occupations; and\n(d) state that the person is not the subject of disciplinary\nproceedings in any State (including any preliminary\ninvestigations or action that might lead to disciplinary\nproceedings) in relation to those occupations; and\n(e) state that the person’s registration in any State is not cancelled\nor currently suspended as a result of disciplinary action; and\n(f) state that the person is not otherwise personally prohibited from\ncarrying on any such occupation in any State, and is not subject\nto any special conditions in carrying on that occupation, as a\nresult of criminal, civil or disciplinary proceedings in any State;\nand\n(g) specify any special conditions to which the person is subject in\ncarrying on any such occupation in any State; and\n(h) give consent to the making of inquiries of, and the exchange of\ninformation with, the authorities of any State regarding the\nperson’s activities in the relevant occupation or occupations or\notherwise regarding matters relevant to the notice.\n(3) The notice must be accompanied by a document that is either the\noriginal or a copy of the instrument evidencing the person’s existing\nregistration (or, if there is no such instrument, by sufficient\ninformation to identify the person and the person’s registration).\n(4) As regards the instrument evidencing the person’s existing\nregistration, the person must certify in the notice that the\naccompanying document is the original or a complete and accurate\ncopy of the original.\n(5) The statements and other information in the notice must be verified\nby statutory declaration.\n(6) The local registration authority may permit the notice to be amended\nafter it is lodged.\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nEntitlement to registration Division 2\nClause 20\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Entitlement to registration and continued registration\n(1) A person who lodges a notice under section 19 with a local\nregistration authority of the second State is entitled to be registered in\nthe equivalent occupation, as if the law of the second State that deals\nwith registration expressly provided that registration in the first State\nis a sufficient ground of entitlement to registration.\n(2) The local registration authority may grant registration on that ground\nand may grant renewals of such registration.\n(3) Once a person is registered on that ground, the entitlement to\nregistration continues, whether or not registration (including any\nrenewal of registration) ceases in the first State.\n(4) Continuance of registration is otherwise subject to the laws of the\nsecond State, to the extent to which those laws—\n(a) apply equally to all persons carrying on or seeking to carry on\nthe occupation under the law of the second State; and\n(b) are not based on the attainment or possession of some\nqualification or experience relating to fitness to carry on the\noccupation.\n(5) The local registration authority may impose conditions on\nregistration, but may not impose conditions that are more onerous\nthan would be imposed in similar circumstances (having regard to\nrelevant qualifications and experience) if it were registration effected\napart from this part, unless they are conditions that apply to the\nperson’s registration in the first State or that are necessary to achieve\nequivalence of occupations.\n(6) This section has effect subject to this part.\n21 Action following notice\n(1) Registration must be granted within one month after the notice is\nlodged with the local registration authority under section 19.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 2 Entitlement to registration\nClause 22 Postponement of registration\npage 18 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) When granted, registration takes effect as from the date the notice was\nlodged.\n(3) However, the local registration authority may, subject to this part and\nwithin one month after the notice was lodged, postpone or refuse the\ngrant of registration.\n(4) If the local registration authority neither grants the registration nor\ntakes action under subsection (3) within the period of one month after\nthe notice is lodged, the person is entitled to registration immediately\nat the end of that period and no objection may be taken to the notice\non any of the grounds on which refusal or postponement may be\neffected, except where fraud is involved.\n22 Postponement of registration\n(1) A local registration authority may postpone the grant of registration,\nif—\n(a) any of the statements or information in the notice as required by\nsection 19 are materially false or misleading; or\n(b) any document or information as required by section 19 (3) has\nnot been provided or is materially false or misleading; or\n(c) the circumstances of the person lodging the notice have\nmaterially changed since the date of the notice or the date it was\nlodged; or\n(d) the authority decides that the occupation in which registration is\nsought is not an equivalent occupation.\n(2) If the grant of registration has been postponed, the local registration\nauthority may in due course grant or refuse the registration.\n(3) The local registration authority may not postpone the grant of\nregistration for longer than a period of 6 months, and the person is\nentitled to registration immediately, at the end of that period, unless\nregistration was refused at or before the end of that period.\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nInterim arrangements Division 3\nClause 23\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) Nothing in subsection (3) prevents earlier registration from being\ngranted on a review by the Tribunal.\n23 Refusal of registration\n(1) A local registration authority may refuse the grant of registration, if—\n(a) any of the statements or information in the notice as required by\nsection 19 are materially false or misleading; or\n(b) any document or information as required by section 19 (3) has\nnot been provided or is materially false or misleading; or\n(c) the authority decides that the occupation in which registration is\nsought is not an equivalent occupation and equivalence cannot\nbe achieved by the imposition of conditions.\n(2) A decision to refuse to grant registration on the ground that the\noccupation in which registration is sought is not an equivalent\noccupation takes effect at the end of a specified period (not less than\n2 weeks) after the person is notified of the decision, unless it has been\npreviously revoked or there is an application for review to the\nTribunal, in which case the Tribunal may make whatever orders it\nconsiders appropriate.\n24 Notification of decision\nA local registration authority must give the person who lodges a\nnotice in accordance with section 19 a notice in writing of its decision\nto grant registration, or to postpone or refuse the grant of registration,\nor to impose conditions on registration.\nDivision 3 Interim arrangements\n25 Deemed registration\n(1) A person who lodges a notice under section 19 with a local\nregistration authority of a State is, pending the grant or refusal of\nregistration, taken to be registered as provided in section 20.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 3 Interim arrangements\nClause 26 Duration of deemed registration\npage 20 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Such registration is called deemed registration in this Act.\n(3) Deemed registration in one State does not of itself provide a basis for\nregistration in another State.\n26 Duration of deemed registration\n(1) A person’s deemed registration in the second State continues until it\nis cancelled or suspended or otherwise ceases in accordance with this\npart.\n(2) A person’s deemed registration in the second State ceases if the\nperson becomes substantively registered in the State in connection\nwith the occupation concerned.\n(3) A person’s deemed registration in the second State ceases if the local\nregistration authority of the State refuses to grant registration, subject\nto any determination of the Tribunal.\n(4) A person’s deemed registration in the second State ceases if the\nperson ceases to be substantively registered in every other State\nmentioned in the notice as required by section 19 (2) (c).\n(5) A local registration authority of the second State may cancel a\nperson’s deemed registration in the second State if the person requests\ncancellation.\n(6) Deemed registration is not affected by postponement of the grant of\nsubstantive registration.\n27 Activities under deemed registration\n(1) A person who has deemed registration in the second State may carry\non the occupation in the second State as if the deemed registration\nwere substantive registration in the second State.\n(2) However, the person may do so only—\n(a) within the limits conferred by the person’s substantive\nregistration in the first State; and\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nInterim arrangements Division 3\nClause (1) A person who has deemed registration in the second State may carry on the\noccupation in the second State as if the deemed registration were substantive registration in\nthe second State.\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) within the limits conferred by the person’s deemed registration\nin the second State; and\n(c) subject to any conditions or undertakings applying to the\nperson’s registration in the first State, unless waived by the local\nregistration authority of the second State under this section; and\n(d) subject to any conditions applying to the person’s deemed\nregistration.\n(3) Without limiting anything in this division—\n(a) the person may not carry on the occupation in the second State\nwithout complying with any requirements regarding insurance,\nfidelity funds, trust accounts and the like that are designed to\nprotect the public, clients, customers or others; and\n(b) a person who has deemed registration in an occupation in the\nsecond State is subject to any disciplinary provisions and\narrangements that are applicable to persons who are\nsubstantively registered in that State; and\n(c) references in the law of the second State to persons registered\nin an occupation under the law of that State (however\nexpressed) extend to persons who have deemed registration for\nthe occupation under this Act.\n(4) However, the local registration authority of the second State may\nwaive any condition imposed under the law of the first State, or any\nundertaking given to the local registration authority of the first State,\nif it thinks it appropriate in the circumstances.\n(5) The local registration authority of the second State may impose\nconditions as if deemed registration were substantive registration, but\nit must not impose conditions that are more onerous than would be\nimposed in similar circumstances (having regard to relevant\nqualifications and experience) if it were registration effected apart\nfrom this part, unless they correspond to conditions or undertakings\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 4 Equivalent occupations\nClause 28\npage 22 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nthat apply to the person’s registration in the first State or that are\nnecessary to achieve equivalence of occupations.\nDivision 4 Equivalent occupations\n28 Equivalent occupations\nThe equivalence of occupations carried on in different States is to be\ndetermined in accordance with this part.\n29 General principle\n(1) An occupation for which persons may be registered in the first State\nis taken to be equivalent to an occupation for which persons may be\nregistered in the second State if the activities authorised to be carried\nout under each registration are substantially the same (whether or not\nthis result is achieved by means of the imposition of conditions).\n(2) Conditions may be imposed on registration under this part so as to\nachieve equivalence between occupations in different States.\n(3) This section has effect subject to any relevant declarations in force\nunder this division.\n30 Declarations as to equivalent occupations\n(1) This part is to be given effect in accordance with relevant declarations\n(if any) made under this division regarding equivalent occupations.\n(2) If a declaration made by the Tribunal and a declaration made by\nMinisters are inconsistent, the ministerial declaration prevails.\n(3) A declaration under this part does not affect the registration of any\nperson already registered (except in the case of a declaration made by\nthe Tribunal in relation to that person specifically).\n31 Declarations by Tribunal\n(1) On a review, the Tribunal may make an order that a person who is\nregistered in a particular occupation in a particular State is or is not\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nEquivalent occupations Division 4\nClause entitled to registration in another State in a particular occupation, and may specify or\ndescribe conditions that will achieve equivalence.\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nentitled to registration in another State in a particular occupation, and\nmay specify or describe conditions that will achieve equivalence.\n(2) On such a review, the Tribunal may make a declaration that\noccupations carried on in two States are not equivalent, but only if the\nTribunal is satisfied that—\n(a) the activities involved in the occupations are not substantially\nthe same (even with the imposition of conditions); or\n(b) registration in one State should not entitle registered persons to\ncarry on a particular activity or class of activity in the other\nState, where—\n(i) the activity or class of activity is a material part of the\npractice of a person registered in the first State for the\noccupation; and\n(ii) the activity or class of activity, if carried out by a person\nnot conforming to the appropriate standards, could\nreasonably be expected to expose persons in the other State\nto a real threat to their health or safety or could reasonably\nbe expected to cause significant environmental pollution\n(including air, water, noise or soil pollution); and\n(iii) it is not practicable to protect the health or safety of such\npersons from that threat or the environment from such\npollution by regulating the manner in which services in the\noccupation are provided.\n(3) The Registrar or other proper officer of the Tribunal must cause a\nnotice setting out the terms of a declaration under this section to be\npromptly published in the Gazette.\n(4) A declaration made on the basis of paragraph (2) (b) has effect for no\nlonger than 12 months, and the local registration authority must\npromptly notify appropriate authorities in each other State and the\nCommonwealth of the declaration.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 5 General provisions\nClause 32\npage 24 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The local registration authority is to give effect to the decision on the\nreview, and must thereafter act in conformity with the decision in\nrelation to other persons seeking registration.\n32 Declarations by Ministers\n(1) A Minister from each of two or more States may jointly declare, by\nnotice in the Gazette, that specified occupations are equivalent, and\nmay specify or describe conditions that will achieve equivalence.\n(2) The declaration may be amended or rescinded in the same way.\n(3) The declaration has effect only in relation to the States concerned.\n(4) The appropriate local registration authority is to give effect to the\ndeclaration.\nDivision 5 General provisions\n33 Disciplinary action\n(1) If a person’s registration in an occupation in a State—\n(a) is cancelled or suspended; or\n(b) is subject to a condition;\non disciplinary grounds, or as a result of or in anticipation of criminal,\ncivil or disciplinary proceedings, then the person’s registration in the\nequivalent occupation in another State is affected in the same way.\n(2) However, the local registration authority of the other State may\nreinstate any cancelled or suspended registration or waive any such\ncondition if it thinks it appropriate in the circumstances.\n(3) This section extends to registration effected apart from this Act.\n(4) This section has effect despite any other provisions of this part.\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nGeneral provisions Division 5\nClause 34 Review of decisions\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Review of decisions\n(1) Subject to the Administrative Appeals Tribunal Act 1975, application\nmay be made to the Tribunal for review of a decision of a local\nregistration authority in relation to its functions under this Act.\n(2) In subsection (1):\ndecision has the same meaning as in the Administrative Appeals\nTribunal Act 1975.\n(3) If a local registration authority gives a person written notice of the\nmaking of a decision referred to in subsection (1), the notice must\ninclude a statement to the effect that—\n(a) subject to the Administrative Appeals Tribunal Act 1975,\napplication for review of the decision may be made to the\nTribunal by a person whose interests are affected by the\ndecision; and\n(b) except where subsection 28 (4) of that Act applies, application\nmay be made in accordance with section 28 of that Act by or on\nbehalf of that person for a statement in writing setting out the\nfindings on material questions of fact, referring to the evidence\nor other material on which those findings were based, and giving\nthe reasons for the decision.\n(4) Any failure to comply with a requirement of subsection (3) does not\naffect the validity of the decision.\n35 Costs\nThe Tribunal may order a party in proceedings before it to pay costs\nif the party has acted unreasonably.\n36 Residence or domicile\nResidence or domicile in a particular State is not to be a prerequisite\nfor or a factor in entitlement to the grant, renewal or continuation of\nregistration arising under this part.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 5 General provisions\nClause 37 Furnishing information\npage 26 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Furnishing information\n(1) A local registration authority of a State must furnish without delay\nany information reasonably required by a local registration authority\nof another State about a person substantively registered under a law\nof the firstmentioned State.\n(2) The obligation imposed under this section does not apply unless the\nauthority of the other State notifies the authority of the firstmentioned\nState that the information is required in connection with—\n(a) a notice lodged by a person seeking registration; or\n(b) a person’s deemed registration; or\n(c) actual or possible disciplinary action against the person.\n(3) The authority of the firstmentioned State is empowered to provide the\ninformation, despite any law relating to secrecy or confidentiality.\n(4) Nothing in this section affects any obligation or power to provide\ninformation apart from this section.\n38 Receiving information\nIf a local registration authority receives information under section 37,\nthe information is subject to any law relating to secrecy or\nconfidentiality that would apply if the information were provided\nunder the law of the State under which the authority is constituted or\nexercises its functions.\n39 General responsibilities of local registration authorities\n(1) It is the duty of each local registration authority to facilitate the\noperation of this part in relation to the occupations for which the\nauthority is responsible, and in particular to make use of the power to\nimpose conditions in such a way as to promote the mutual recognition\nprinciple.\n\nMutual Recognition Bill 1992 Schedule 1\nOccupations Part 3\nGeneral provisions Division 5\nClause 40 Fees\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) It is the duty of each local registration authority to prepare and make\navailable guidelines and information regarding the operation of this\npart in relation to the occupations for which the authority is\nresponsible.\n(3) The first such guidelines and information are to be available within 6\nmonths after the commencement of this section.\n40 Fees\n(1) A local registration authority has power to impose fees in relation to\nsubstantive or deemed registration or the continuance of registration\narising under this part, but any such fees may not be greater than are\napplicable for registration apart from this part.\n(2) Nothing in this section prevents the fixing or prescribing of fees\nreferred to in this section under any other law of a State, but the fees\nmay not be greater than can be imposed under this section.\n(3) The local registration authority may impose a condition on\nsubstantive or deemed registration arising under this part to the effect\nthat a person may not carry out activities under registration unless a\nfee or other payment has been paid, but such a condition may not be\nimposed unless it corresponds to a requirement attaching to\nregistration apart from this part.\n(4) This section does not authorise the imposition of a tax.\n41 Formalities requiring personal attendance\n(1) Neither substantive or deemed registration, nor entitlement to\nregistration, under this part requires compliance with any statutory or\nother formalities requiring personal attendance in the second State.\n(2) This section applies to formalities that would otherwise have to be\ncomplied with before, at or after registration.\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 3 Occupations\nDivision 5 General provisions\nClause 42\npage 28 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n42 Saving\nNothing in this part prevents a person from seeking registration or\nbeing registered for an occupation under a law apart from this part.\n\nMutual Recognition Bill 1992 Schedule 1\nGeneral Part 4\nClause 43\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 General\n43 References to participating jurisdictions\nFor the purposes of this Act, a participating jurisdiction is—\n(a) a State (other than a Territory) for which there is in force an Act\nof its Parliament that refers to the Parliament of the\nCommonwealth the power to enact this Act, or that adopts this\nAct, under paragraph (xxxvii) of section 51 of the\nCommonwealth Constitution; or\n(b) a Territory (being the Australian Capital Territory or the\nNorthern Territory) for which there is in force an Act of its\nlegislature that requests the Parliament of the Commonwealth to\nenact this Act or that enables this Act to apply in relation to it.\n44 Application of mutual recognition principle\n(1) The mutual recognition principle and the provisions of this Act may\nbe taken into consideration in proceedings of any kind and for any\npurpose.\n(2) Nothing in this Act prevents a person from relying on the mutual\nrecognition principle in relation to more than two States.\n45 Machinery provisions regarding limitations etc\nIn cases where part 3 provides that conditions or undertakings that\napply or are relevant to registration in the first State also apply or are\nrelevant to registration in the second State, they are to be construed\nwith any necessary adaptations, including the following (where\nappropriate and so far as practicable):\n(a) references to the first State are to be read as references to the\nsecond State;\n\nSchedule 1 Mutual Recognition Bill 1992\nPart 4 General\nClause 46\npage 30 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) references to officers or authorities of the first State are to be\nread as references to the corresponding officers or authorities of\nthe second State.\n46 Determining place of production\n(1) For the purpose of determining where goods are produced for the\npurposes of this Act, goods are taken to be produced in the State\nwhere the most recent step has occurred in the process of producing\nthe goods (including for example processing, harvesting or packaging\nthe goods).\n(2) Subsection (1) applies even though—\n(a) the process of production may be incomplete; or\n(b) some steps in the process have not yet been carried out; or\n(c) some steps in the process were carried out elsewhere, whether\nin another State or outside Australia; or\n(d) the goods or a component of the goods were imported.\n47 Amendment of schedules\n(1) The Governor-General may make regulations amending the\nschedules.\n(2) No such regulation may be made unless the designated person for\neach of the then participating jurisdictions has published a notice in\nthe official gazette of the jurisdiction setting out the terms of the\nproposed regulation and requesting that it be made.\n(3) For the purposes of this section, the designated person for a State is\nthe Governor, for the Australian Capital Territory is the Chief\nMinister and for the Northern Territory is the Administrator.\n\nMutual Recognition Bill 1992 Schedule 1\nPermanent exemptions: goods Schedule 1\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Permanent exemptions: goods\n(see s 14 and s 47)\n1 Firearms and other prohibited or offensive weapons\n2 Fireworks\n3 Gaming machines\n4 Pornographic material\n\nSchedule 1 Mutual Recognition Bill 1992\nSchedule 2 Permanent exemptions: laws relating to goods\npage 32 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Permanent exemptions: laws\nrelating to goods\n(see s 14 and s 47)\n1 A law of a State relating to quarantine, to the extent that—\n(a) the law (or a direction or instrument given or made under the\nlaw or some other action taken under the law) regulates or\nprohibits the bringing of specified goods into the State or into a\ndefined area of the State; and\n(b) the State or area is substantially free of a particular disease,\norganism, variety, genetic disorder or any other similar thing;\nand\n(c) it is reasonably likely that the goods would introduce or\nsubstantially assist the introduction of the disease, organism,\nvariety, disorder or other thing into the State or area; and\n(d) it is reasonably likely that that introduction would have a long-\nterm and substantially detrimental effect on the whole or any\npart of the State.\n2 A law of a State to the extent that it is enacted or made substantially\nfor the purpose of protecting a species or other class of animals or\nplants from extinction in the State and that it prohibits or restricts the\npossession, sale, killing or capture of animals or plants of that species\nor other class in the State.\n3 Ozone Protection Act 1991 of the Australian Capital Territory.\n4 Weapons Act 1991 of the Australian Capital Territory.\n5 Ozone Protection Act 1989 of New South Wales.\n6 Clean Air Act 1963-1990 of Queensland, part IVA.\n\nMutual Recognition Bill 1992 Schedule 1\nPermanent exemptions: laws relating to goods Schedule 2\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Hazardous Substances (Chlorofluorocarbons and Other Ozone Layer\nDepleting Substances) Regulations 1988 under the Health Act 1937-\n1988 of Queensland.\n8 Beverage Container Act, 1975 of South Australia.\n9 Clean Air Act, 1984 of South Australia, part IIIA.\n10 A law of Tasmania to the extent that it relates to the possession, sale\nor capture of abalone, crayfish or scallops of a certain minimum size.\n11 Chlorofluorocarbons and other Ozone Depleting Substances Control\nAct 1988 of Tasmania.\n12 Environment Protection Act 1970 of Victoria, section 16 (in relation\nto ozone depleting substances), section 41 (2) (d) and section 71 (1)\n(gba).\n13 Environmental Protection Regulations 1987 under the Environmental\nProtection Act 1986 of Western Australia.\n14 Business Franchise (\"X\" Videos) Act 1990 of the Australian Capital\nTerritory.\n15 Classification of Publications Ordinance 1983 of the Australian\nCapital Territory.\n16 Crimes Act 1900 of the Australian Capital Territory, section 65.\n17 Film Classification Act 1971 of the Australian Capital Territory.\n18 Publications Control Act 1989 of the Australian Capital Territory.\n19 Film and Video Tape Classification Act 1984 of New South Wales.\n20 Indecent Articles and Classified Publications Act 1975 of New South\nWales.\n21 Classification of Publications and Films Act of the Northern\nTerritory.\n22 Classification of Films Act 1991 of Queensland.\n\nSchedule 1 Mutual Recognition Bill 1992\nSchedule 2 Permanent exemptions: laws relating to goods\npage 34 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n23 Classification of Publications Act 1991 of Queensland.\n24 Classification of Films for Public Exhibition Act, 1971 of South\nAustralia and regulations under that Act.\n25 Classification of Publications Act, 1974 of South Australia and\nregulations under that Act.\n26 Summary Offences Act, 1953 of South Australia, section 33 and\nsection 35.\n27 Classification of Publications Act 1984 of Tasmania.\n28 Classification of Films and Publications Act 1990 of Victoria.\n29 Censorship of Films Act 1947 of Western Australia.\n30 Indecent Publications and Articles Act 1902 of Western Australia.\n31 Video Tapes Classification and Control Act 1987 of Western\nAustralia.\n\nDictionary\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• Chief Minister\n• Commonwealth\n• the Territory.\nCommonwealth Act—see section 4.\n\nEndnotes\n1 About the endnotes\npage 36 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nam = amended ord = ordinance\namdt = amendment orig = original\nch = chapter par = paragraph/subparagraph\ndef = definition pres = present\ndict = dictionary prev = previous\ndisallowed = disallowed by the Legislative (prev...) = previously\nAssembly pt = part\ndiv = division r = rule/subrule\nexp = expires/expired renum = renumbered\nGaz = gazette reloc = relocated\nhdg = heading R[X] = Republication No\nIA = Interpretation Act 1967 RI = reissue\nins = inserted/added s = section/subsection\nLA = Legislation Act 2001 sch = schedule\nLR = legislation register sdiv = subdivision\nLRA = Legislation (Republication) Act 1996 sub = substituted\nmod = modified/modification SL = Subordinate Law\no = order underlining = whole or part not commenced\nom = omitted/repealed or to be expired\n\nEndnotes\nLegislation history 3\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nMutual Recognition (Australian Capital Territory) Act 1992 A1992-66\nnotified 1 December 1992 (Gaz 1992 No S208)\ns 1, s 2 commenced 1 December 1992 (s 2 (1))\nremainder commenced 25 February 1993 (s 2 (2) and Gaz 1993\nNo S24)\nas amended by\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 252\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 252 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.68\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.68 commenced 12 April 2007 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.29\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.29 commenced 24 August 2022 (s 2)\n\nEndnotes\n4 Amendment history\npage 38 Mutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\nR3\n24/08/22\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nName of Act\ns 1 sub A2007-3 amdt 3.371\nDictionary\ns 2 om A2001-44 amdt 1.2891\nins A2007-3 amdt 3.372\nNotes\ns 2A ins A2007-3 amdt 3.372\nExpiry of Act\ns 3 sub A2001-44 amdt 1.2892\nMeaning of Commonwealth Act\ns 4 am A2022-14 amdt 3.181\nApproval of amendments\ns 6 am A2001-44 amdts 1.2893-1.2895\nMutual Recognition Bill 1992\nsch 1 (prev sch) renum R1 LA\nDictionary\ndict ins A2007-3 amdt 3.373\ndef Commonwealth Act ins A2007-3 amdt 3.373\n\nEndnotes\nEarlier republications 5\nR3\n24/08/22\nMutual Recognition (Australian Capital Territory)\nAct 1992\nEffective: 24/08/22\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n20 Feb 2002\n20 Feb 2002–\n11 Apr 2007\nA2001-44 new Act and\namendments by\nA2001-44\nR2\n12 Apr 2007\n12 Apr 2007–\n23 Aug 2022\nA2007-3 amendments by\nA2007-3\n© Australian Capital Territory 2022","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"No. The Act's core scope remains the statutory implementation of the mutual recognition principle to enable cross‑jurisdiction sale of goods and cross‑registration of practitioners (s 3). Amendments and editorial updates recorded in the endnotes and in definitions (for example s 4 and amendment history) update machinery and references but do not alter the Act’s principal purpose as set out in section 3."},"complexity_factors":["Interplay between Commonwealth Act and participating jurisdictions requiring coordination and designated‑person approvals (ss 4–6, 43, 47).","Two separate regimes for goods and for occupations, each with distinct mechanics and exceptions (Parts 2 and 3, Schedules 1–2).","Deemed registration, notice, statutory‑declaration and time‑limit mechanics create procedural complexity (ss 19–27).","Multiple permanent and temporary exemptions and public‑safety/environmental carve‑outs that limit mutual recognition (ss 11, 14–15; Schedules).","Significant administrative discretion for local registration authorities to postpone, impose conditions, or refuse registration (ss 21–23, 27, 33).","Information‑sharing and confidentiality rules between authorities that can conflict with local secrecy laws (ss 37–38).","Review and dispute pathway via the Administrative Appeals Tribunal with possible inconsistent ministerial/Tribunal declarations (ss 31–34).","Procedural compliance burdens on businesses and practitioners (labelling defence, fees limits, prohibition on personal attendance formalities) (ss 12, 40–41)."],"plain_english_summary":"This Act implements a mutual‑recognition system across participating Australian jurisdictions: goods lawfully produced, imported and sold in one jurisdiction can generally be sold in another without meeting additional local product standards, and people registered for occupations in one jurisdiction can notify a local authority and be registered or deemed registered to practise in another. The law preserves public‑health, safety, quarantine and listed exclusions and creates administrative steps (written notices, statutory declarations, labelling), local authority discretion on conditions or temporary refusals, and Tribunal review (see ss 9–15, 17–27, 19, 37–41)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of mutual recognition for goods and occupations. While it has been amended over time (notably to update references and clarify the relationship with the Commonwealth Act), it has not expanded beyond its core function of facilitating free movement of goods and service providers across Australian jurisdictions. The 2022 amendment was technical (updating section 4 regarding the Commonwealth Act reference) rather than substantive expansion."},"complexity_factors":["Dual-layer structure: The ACT Act is essentially a 'shell' that requests/adopts the Commonwealth Act (Schedule 1), creating a complex interplay between Territory and Commonwealth law","Extensive cross-referencing between the ACT Act (sections 1-7) and the adopted Commonwealth Act in Schedule 1","Multiple exemption regimes: permanent exemptions (Schedule 1 and 2), temporary exemptions (section 15), and exceptions to the mutual recognition principle (sections 11, 17(2))","Detailed procedural requirements for occupational registration including statutory declarations, verification, and strict timeframes (sections 19-24)","Complex 'deemed registration' concept with multiple termination triggers (section 26)","Equivalence determination framework involving both administrative decisions and Tribunal declarations (Division 4)","31 specific permanent exemptions listed across two schedules covering quarantine, ozone protection, weapons, and classification/censorship laws","Nested conditions and limitations throughout Part 3 (occupations) with multiple exceptions to the general rule of automatic recognition"],"plain_english_summary":"The Act implements mutual recognition in the ACT so goods lawfully sold in any Australian state or territory can generally be sold here, and practitioners registered elsewhere can work in the ACT without requalifying. It affects businesses trading across borders, professionals seeking temporary or ongoing practice, and ACT registration authorities who process applications. The law reduces licensing and trade barriers, promoting a more integrated national market and easier mobility for goods and skilled workers."},"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/mutual-recognition-australian-capital-territory-act-1992","history":"/api/acts/mutual-recognition-australian-capital-territory-act-1992/history","analysis":"/api/acts/mutual-recognition-australian-capital-territory-act-1992/analysis","conflicts":"/api/acts/mutual-recognition-australian-capital-territory-act-1992/conflicts","importantCases":"/api/acts/mutual-recognition-australian-capital-territory-act-1992/important-cases","documents":"/api/acts/mutual-recognition-australian-capital-territory-act-1992/documents"}}