{"id":"F2021L01859","name":"Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021","slug":"mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441122,"registerId":"F2021L01859-fast-fetch-1775956514780","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nMutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021\n\nI, the Honourable Rob Lucas MLC, Treasurer, make the following declaration.\n\nDated: 20 December 2021    \n\nHon Rob Lucas MLC\n\nTreasurer\n\n \n\n \n\n \n\n\n\n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Notification required\n\n \n\n \n\n1  Name\n\n  This instrument is the Mutual Recognition (Automatic Deemed Registration Notification—South Australia) Determination 2021.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument At the commencement of the Mutual Recognition (South Australia)(Further Adoption) Amendment Act 2021 (South Australia)\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.\n\n5  Notifications required before automatic deemed registration used\n\n1.     For the purposes of subsection 42J(1) of the Act, a person who intends to carry on an activity covered by an occupation in column 1 of the table, in reliance on automatic deemed registration, must notify the local registration authority for the occupation in South Australia before the person begins to carry on the activity in South Australia.\n\n\n (2) The table is as follows:\n\n \n\n \n\n \n\n- Table 1\n- Item Column 1Registration Column 2South Australia Legislation Column 3South Australia Regulator\n- 1 Accredited Assessor – High Risk Work Work Health and Safety Act 2012 SafeWork SA\n- 2 Gas fitting work Dangerous Substances Act 1979 SafeWork SA\n- 3 Pyrotechnicians Explosives Act 1936 SafeWork SA\n- 4 Employments Agents Employment Agents Registration Act 1993 SafeWork SA\n- 5 Operate Radiation Apparatus Radiation Protection and Control Act 1982 Environment Protection Authority (SA)\n- 6 Use or handle radioactive substances Radiation Protection and Control Act 1982 Environment Protection Authority (SA)\n- 7 Third Party Service Providers Radiation Protection and Control Act 1982 Environment Protection Authority (SA)\n- 8 Architect Architectural Practice Act 2009 Architectural Practice Board of South Australia\n- 9 Building Work Contractor Building Work Contractors Act 1995 Consumer and Business Services\n- 10 Building Work Supervisor Building Work Contractors Act 1995 Consumer and Business Services\n- 11 Plumbing Contractor Plumbers, Gas Fitters and Electricians Act 1995 Consumer and Business Services\n- 12 Gas Fitting Contractor Plumbers, Gas Fitters and Electricians Act 1995 Consumer and Business Services\n- 13 Electrical Contractor Plumbers, Gas Fitters and Electricians Act 1995 Consumer and Business Services\n- 14 Plumbing Worker Plumbers, Gas Fitters and Electricians Act 1995 Consumer and Business Services\n- 15 Gas Fitting Worker Plumbers, Gas Fitters and Electricians Act 1995 Consumer and Business Services\n- 16 Electrical Worker Plumbers, Gas Fitters and Electricians Act 1995 Consumer and Business Services\n- 17 Conveyancer Conveyancers Act 1994 Consumer and Business Services\n- 18 Land Agent Land Agents Act 1994 Consumer and Business Services\n- 19 Land Sales Representative Land Agents Act 1994 Consumer and Business Services\n- 20 Property Manager Land Agents Act 1994 Consumer and Business Services\n- 21 Auctioneer Land Agents Act 1994 Consumer and Business Services\n- 22 Trainee Land Agents Act 1994 Consumer and Business Services\n- 23 Second-Hand Vehicle Dealer Second-Hand Vehicle Dealers Act 1995 Consumer and Business Services\n- 24 Security Agent Security and Investigation Industry Act 1995 Consumer and Business Services\n- 25 Investigation Agent Security and Investigation Industry Act 1995 Consumer and Business Services\n- 26 Security Industry Trainer Security and Investigation Industry Act 1995 Consumer and Business Services\n- 27 Labour Hire Service Provider Labour Hire Licensing Act 2017 Consumer and Business Services\n- 28 Collector Collection for Charitable Purposes Act 1939 Consumer and Business Services\n- 29 Gaming Machine Dealer Gaming Machines Act 1992 Consumer and Business Services\n- 30 Gaming Machine Service Licensee Gaming Machines Act 1992 Consumer and Business Services\n- 31 Gaming Machine Technician Gaming Machines Act 1992 Consumer and Business Services\n- 32 Bookmaker Authorised Betting Operations Act 2000 Consumer and Business Services\n- 33 Agent Authorised Betting Operations Act 2000 Consumer and Business Services\n- 34 Well Driller's Licence Landscape South Australia Act 2019 Department for Environment and Water (SA)\n- 35 Building Certifiers Planning Development and Infrastructure Act 2016 Accreditation Authority, Attorney-General’s Department (SA)\n- 36 Licensed & Registered Surveyors Survey Act 1992 Surveyors Board of South Australia\n\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by its enabling provision (subsection 42J(4) of the Mutual Recognition Act 1992). It specifies which occupations require notification before using automatic deemed registration in South Australia. The scope is narrow and precisely aligned with the original legislative intent — implementing a procedural safeguard for mutual recognition in specific regulated occupations."},"complexity_factors":["Very short instrument (only 5 sections, approximately 2 pages)","Single operative provision (section 5) with straightforward notification requirement","Only 2 defined terms ('Act' and implicit references to the table)","No nested exceptions or conditional logic — simple 'must notify before beginning' rule","Large table of occupations is descriptive rather than legally complex (just a list mapping occupations to regulators)","No cross-references to other legislation beyond the enabling provision (Mutual Recognition Act 1992)"],"plain_english_summary":"This law requires workers using automatic deemed registration—people already registered in another Australian jurisdiction—to notify the relevant South Australian regulator before they start work in SA. It applies to 36 specified occupations across trades, safety/technical roles, property, gaming, security, labour hire and similar fields.\n\nThe rule preserves cross‑border mobility while giving SA authorities oversight to track who is operating in regulated sectors for safety, consumer protection and compliance."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements subsection 42J(1) of the Mutual Recognition Act by specifying which occupations require prior notification in South Australia (s5 and table). It does not expand or remove the underlying Mutual Recognition Act coverage; it prescribes a procedural step (notification) and identifies affected occupations and SA regulators. Commencement is tied to the specified South Australian Act (s2)."},"complexity_factors":["Single, narrow legal mechanism: a pre‑commencement notification requirement under subsection 42J(1) of the Mutual Recognition Act (see s3 and s5).","Relies on a fixed table of 36 occupations linking each occupation to different SA legislation and regulators (s5 table), creating multi‑agency touchpoints.","Administrative compliance burden falls on individuals who wish to rely on automatic deemed registration (s5(1)).","Timing dependency: commencement aligned to the commencement of a South Australian Act (s2), introducing implementation sequencing risk.","Legal effect depends on cross‑reference to the Commonwealth Act’s automatic deemed registration regime, so scope is derivative rather than standalone."],"plain_english_summary":"This determination requires anyone relying on “automatic deemed registration” under the Mutual Recognition Act to notify the relevant South Australian local registration authority before they start the covered activity. It lists 36 occupations and the South Australian Acts and regulators that apply (see s5 and table). The rule shifts an upfront administrative obligation onto interstate registrants, meaning individuals bear the compliance cost and South Australian regulators receive and must process the notifications, with coordination and operational risk if notice is not given."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021","history":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021/history","analysis":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021/analysis","conflicts":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021/conflicts","importantCases":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021/important-cases","documents":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-south-australia-determination-2021/documents"}}