{"id":"F2022L00930","name":"Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) Declaration 2022","slug":"mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102513,"registerId":"commonwealth-F2022L00930-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) Declaration 2022.","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 42S(1) of the Mutual Recognition Act 1992.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Mutual Recognition Act 1992.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Registrations exempted from automatic deemed registration","content":"#### 5 Registrations exempted from automatic deemed registration\n\n (1) For the purposes of subsection 42S(1) of the Act, the registrations specified in column 1 of the table are excluded from the operation of automatic deemed registration in Western Australia.\n (2) The statements set out in column 2 of the table explain, under subsection 42S(2) of the Act, the significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public on which basis the Minister is satisfied that the exclusion of the registration in column 1 is necessary.\n (3) The exclusion of the registrations specified in item 1 of the table has effect for the period of 3 years beginning on the day on which this instrument commences.\n\n```html\n

Exempted registrations

Column 1

Column 2

Registration

Statement explaining significant risk

1. Electrical contractor’s licence, electrician’s licence and restricted licence under the Electricity (Licensing) Regulations 1991 of Western Australia

Automatic deemed registration in relation to these registrations would heighten the likelihood of a member of the public or worker suffering a fatality or serious injury arising from non-compliant electrical work due to specific features of the Western Australian electrical licensing system that do not apply elsewhere in Australia.

3. Pilotage provider’s licence under the Port Authorities Regulations 2001 of Western Australia

Automatic deemed registration in relation to this registration would increase the likelihood of a marine incident caused by inadequate pilotage that causes damage to the environment or harm to workers or the public. Pilotage services in Western Australia should be undertaken by a person having the required local knowledge that is specific to the port and pilotage area. This local knowledge can only be garnered over time through port-specific training and experience; the registration is therefore not appropriate for automatic deemed registration.

4. Security agent’s licence, security officer’s licence, crowd control agent’s licence, crowd controller’s licence, inquiry agent’s licence, security bodyguard’s licence, investigator’s licence, security installer’s licence and security consultant’s licence under the Security and Related Activities (Control) Act 1996 of Western Australia

Automatic deemed registration in relation to these registrations would remove critical components of security licensing, including identity and security checks such as screening for suspensions and disciplinary issues. This would put the public at significant risk due to the increased likelihood of inappropriate persons working in security in Western Australia.

5. Pilot’s licence under the Shipping and Pilotage Act 1967 of Western Australia

Automatic deemed registration in relation to this registration would increase the likelihood of a marine incident caused by inadequate pilotage that causes damage to the environment or harm to workers or the public. Pilotage services in Western Australia should be undertaken by a person having the required local knowledge that is specific to the port and pilotage area. This local knowledge can only be garnered over time through port-specific training and experience; the registration is therefore not appropriate for automatic deemed registration.

6. Registration under the Teacher Registration Act 2012 of Western Australia

Automatic deemed registration in relation to this registration would pose a significant risk to the safety and welfare of children. In particular, until information exchange between jurisdictions for the purposes of automatic deemed registration is improved, there is an increased likelihood of the regulator for the teaching profession in Western Australia and employers being unaware of potential child safety risks associated with particular teachers.

\n```","sortOrder":3}],"analysis":{"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation performs exactly the function intended by the parent Mutual Recognition Act 1992 — creating targeted, justified exemptions from automatic deemed registration where significant risks exist. The scope remains limited to the specific mechanism of declaring exemptions for Western Australia, with no expansion beyond this purpose."},"complexity_factors":["Single operative provision (section 5) with straightforward tabular structure","Only 1 defined term ('Act')","No cross-references beyond the empowering provision (subsection 42S(1))","Simple conditional logic: registrations listed in table are excluded, with one time-limited exception (3 years for electrical licences)","Minimal legislative machinery: name, authority, definitions, and substantive provision only","Clear explanatory statements required by parent Act, providing transparency for exemptions"],"plain_english_summary":"This law creates targeted exceptions to Australia’s mutual recognition system so Western Australia can refuse automatic recognition of equivalent licences for certain occupations. Affected workers — electricians (3‑year exemption), marine pilots, security personnel, and teachers — must instead meet WA’s local licensing and checks.\n\nIt protects WA’s specific safety and security standards but erects practical barriers to labour mobility, forcing qualified practitioners from other jurisdictions to reapply under WA rules."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Narrows the Mutual Recognition Act’s default by excluding specified Western Australian registrations from automatic deemed registration (electrical, pilotage, pilot, security, teacher). The instrument was made under s42S(1) and records safety/local‑knowledge reasons under s42S(2); the electrical registration exclusion (item 1) is explicitly limited to 3 years (s5(3))."},"complexity_factors":["Targeted occupational exclusions across multiple regulated sectors rather than a blanket rule (s5(1) table).","Safety‑based justificatory statements required by subsection 42S(2) create fact‑based assessment needs (s5(2)).","Mixed temporal effect: the exclusion for item 1 (electrical licences) is time‑limited to 3 years, implying different treatment across items (s5(3)).","Exercise of Ministerial power under subsection 42S(1) centralises decision‑making and introduces administrative discretion (s3; s5).","Interplay with the Mutual Recognition Act’s default automatic deemed registration framework requires coordination between jurisdictions (Act defined in s4; s5(1)).","Sector‑specific technical rationales (local port‑specific knowledge for pilotage, identity and disciplinary checks for security, child‑safety information exchange for teachers) raise evidentiary and implementation complexity (s5 table statements).","Operational impact on interstate registrants, WA regulators and employers (need for local checks, training, or separate WA registration) increases compliance and administrative burden (implicit in exclusions listed in s5).","Document structure (numbered table items, non‑contiguous numbering) may complicate interpretation of which exclusions are time‑limited (s5 table; s5(3))."],"plain_english_summary":"This declaration removes certain Western Australian licences from automatic deemed registration under the Mutual Recognition Act, so interstate holders of those licences will not automatically be recognised in WA. It is made by the Minister under subsection 42S(1).\n\nThe instrument lists electrical, pilotage, pilot, security and teacher registrations and records safety, local‑knowledge and identity‑check reasons for each exclusion (s5(1)–(3)). Affected parties include interstate registrants, WA regulators and employers; the change requires use of WA registration processes rather than automatic cross‑border recognition."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022","history":"/api/acts/mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022/history","analysis":"/api/acts/mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022/analysis","conflicts":"/api/acts/mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022/conflicts","importantCases":"/api/acts/mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022/important-cases","documents":"/api/acts/mutual-recognition-automatic-deemed-registration-exemption-western-australia-declaration-2022/documents"}}