{"id":"F2022L00931","name":"Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022","slug":"mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102514,"registerId":"commonwealth-F2022L00931-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"# 1 Name\n\n  This instrument is the Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022.","sortOrder":0},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"# 3 Authority\n\n  This instrument is made under subsection 42J(4) of the Mutual Recognition Act 1992.","sortOrder":1},{"sectionNumber":"4","sectionType":"part","heading":"Definitions","content":"# 4 Definitions\n\n  In this instrument:\n\n> Act means the Mutual Recognition Act 1992.","sortOrder":2},{"sectionNumber":"5","sectionType":"part","heading":"Notification for automatic deemed registration","content":"# 5 Notification for automatic deemed registration\n\n  The following registrations are registrations for which notification under subsection 42J(1) of the Act is required:\n    (a) a registration under the Architects Act 2004 of Western Australia;\n    (b) a bookmaker’s licence, bookmaker’s employee licence or bookmaker’s manager licence under the Betting Control Act 1954 of Western Australia;\n    (c) a registration as an adjudicator or review adjudicator under the Building and Construction Industry (Security of Payment) Act 2021 of Western Australia;\n    (d) a registration under the Building Services (Registration) Act 2011 of Western Australia as any one of the following:\n    (i) a building practitioner;\n    (ii) a building surveying practitioner level 1 or 2;\n    (iii) a building surveying practitioner technician;\n    (iv) a painting practitioner;\n    (v) a building contractor (individual);\n    (vi) a building surveying contractor level 1 or 2 (individual);\n    (vii) a painting contractor (individual);\n    (viii) a building engineering practitioner, structural — professional, technologist or associate;\n    (ix) a building engineering practitioner, fire safety — professional;\n    (x) a building engineering practitioner, fire systems — technologist or associate;\n    (xi) a building engineering contractor — professional (individual), technologist (individual) or associate (individual);\n    (xii) a building engineering contractor, fire systems — technologist (individual) or associate (individual);\n    (xiii) a building engineering practitioner, civil — professional, technologist or associate;\n    (xiv) a building engineering practitioner, mechanical — professional, technologist or associate;\n    (e) a casino employee licence or casino key employee licence under the Casino Control Act 1984 of Western Australia;\n    (f) a registration as a contestant or industry participant under the Combat Sports Act 1987 of Western Australia;\n    (g) an accreditation as a contaminated sites auditor under the Contaminated Sites Act 2003 of Western Australia;\n    (h) a fireworks contractor licence under the Dangerous Goods Safety (Explosives) Regulations 2007 of Western Australia;\n    (j) a licence under the Debt Collectors Licensing Act 1964 of Western Australia;\n    (k) a licence under the Employment Agents Act 1976 of Western Australia;\n    (l) a licence as a driver under the Environmental Protection (Controlled Waste) Regulations 2004 of Western Australia;\n    (m) an approval as a food safety auditor under the Food Act 2008 of Western Australia;\n    (n) a certificate under section 88 of the Gaming and Wagering Commission Act 1987 of Western Australia;\n    (o) a permit or authorisation under the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 of Western Australia;\n    (p) a technician’s licence or provisional licence under the Health (Pesticides) Regulations 2011 of Western Australia;\n    (q) a licence under the Land Valuers Licensing Act 1978 of Western Australia;\n    (r) a licence under the Licensed Surveyors Act 1909 of Western Australia;\n    (s) an approval as an approved unrestricted manager or approved restricted manager under the Liquor Control Act 1988 of Western Australia;\n    (t) a vehicle dealer’s licence, yard manager’s licence or salesperson’s licence under the Motor Vehicle Dealers Act 1973 of Western Australia;\n    (u) a licence under the Motor Vehicle Drivers Instructors Act 1963 of Western Australia;\n    (v) a business licence or repairer’s certificate under the Motor Vehicle Repairers Act 2003 of Western Australia;\n    (w) a licence under the Pawnbrokers and Second-hand Dealers Act 1994 of Western Australia;\n    (x) a plumbing contractor’s licence, tradesperson’s licence, tradesperson’s licence (drainage plumbing), provisional tradesperson’s licence, provisional tradesperson’s licence (drainage plumbing) or restricted plumbing permit under the Plumbers Licensing and Plumbing Standards Regulations 2000 of Western Australia;\n    (y) a licence under section 42 of the Racing and Wagering Western Australia Act 2003 of Western Australia;\n    (z) a licence or exemption under the Radiation Safety Act 1975 of Western Australia;\n    (za) a real estate agent licence, business agent licence, real estate sales representative registration or business sales representative registration under the Real Estate and Business Agents Act 1978 of Western Australia;\n    (zb) a heavy vehicle pilot licence under the Road Traffic (Vehicles) Regulations 2014 of Western Australia;\n    (zc) a real estate settlement agent’s licence or business settlement agent’s licence under the Settlement Agents Act 1981 of Western Australia;\n    (zd) a passenger transport driver authorisation under the Transport (Road Passenger Services) Act 2018 of Western Australia;\n    (ze) an accreditation as an accredited assessor, Class 1 demolition licence or Class 2 demolition licence under the Work Health and Safety (General) Regulations 2022 of Western Australia.","sortOrder":3},{"sectionNumber":"Endnotes","sectionType":"part","heading":"Endnotes","content":"# Endnotes\n\n> Note: Endnote 1—About the endnotes\n\nThe endnotes provide information about this compilation and the compiled law.\n\nThe following endnotes are included in every compilation:\n\nEndnote 1—About the endnotes\n\nEndnote 2—Abbreviation key\n\nEndnote 3—Legislation history\n\nEndnote 4—Amendment history\n\nAbbreviation key—Endnote 2\n\nThe abbreviation key sets out abbreviations that may be used in the endnotes.\n\nLegislation history and amendment history—Endnotes 3 and 4\n\nAmending laws are annotated in the legislation history and amendment history.\n\nThe legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.\n\nThe amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.\n\nMisdescribed amendments\n\nA misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.\n\nIf a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.\n\n> Note: Endnote 2—Abbreviation key\n\n| ad = added or inserted                         | orig = original                     |\n| ---------------------------------------------- | ----------------------------------- |\n| am = amended                                   | par = paragraph(s)/subparagraph(s)  |\n| amdt = amendment                               | /sub‑subparagraph(s)                |\n| c = clause(s)                                  | pres = present                      |\n| C[x] = Compilation No. x                       | prev = previous                     |\n| Ch = Chapter(s)                                | (prev…) = previously                |\n| def = definition(s)                            | Pt = Part(s)                        |\n| Dict = Dictionary                              | r = regulation(s)/rule(s)           |\n| disallowed = disallowed by Parliament          | reloc = relocated                   |\n| Div = Division(s)                              | renum = renumbered                  |\n| exp = expires/expired or ceases/ceased to have | rep = repealed                      |\n| effect                                         | rs = repealed and substituted       |\n| F = Federal Register of Legislation            | s = section(s)/subsection(s)        |\n| gaz = gazette                                  | Sch = Schedule(s)                   |\n| LA = Legislation Act 2003                      | Sdiv = Subdivision(s)               |\n| LIA = Legislative Instruments Act 2003         | SLI = Select Legislative Instrument |\n| (md not incorp) = misdescribed amendment       | SR = Statutory Rules                |\n| cannot be given effect                         | Sub‑Ch = Sub‑Chapter(s)             |\n| mod = modified/modification                    | SubPt = Subpart(s)                  |\n| No. = Number(s)                                | underlining = whole or part not     |\n| o = order(s)                                   | commenced or to be commenced        |\n| Ord = Ordinance                                |                                     |\n\n> Note: Endnote 3—Legislation history\n\n| Name                                                                                                             | Registration              | Commencement                         | Application, saving and transitional provisions |\n| ---------------------------------------------------------------------------------------------------------------- | ------------------------- | ------------------------------------ | ----------------------------------------------- |\n| Mutual Recognition (Automatic Deemed Registration Notification — Western Australia) Determination 2022           | 1 July 2022 (F2022L00931) | 1 July 2022                          |                                                 |\n| Mutual Recognition Amendment (Automatic Deemed Registration Notification — Western Australia) Determination 2024 | 14 May 2024 (F2024L00538) | Sch 1: 1 July 2024Sch 2: 1 July 2025 | --                                              |\n\n> Note: Endnote 4—Amendment history\n\n| Provision affected    | How affected   |\n| --------------------- | -------------- |\n| s 2                   | rep LA s 48D   |\n| Paragraph 5(d)        | rs F2024L00538 |\n| Paragraph 5(d) (xiii) | ad F2024L00538 |\n| Paragraph 5(d) (xiv)  | ad F2024L00538 |\n|                       |                |","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The instrument was amended by the Mutual Recognition Amendment (Automatic Deemed Registration Notification — Western Australia) Determination 2024 (registered 14 May 2024). Paragraph 5(d) was replaced and new subitems 5(d)(xiii) and 5(d)(xiv) were added, expanding the listed building engineering practitioner categories (see Endnotes 3 and 4)."},"complexity_factors":["Long, detailed enumeration of diverse licence types across many WA Acts (clause 5) increases breadth and maintenance complexity.","Multiple technical subcategories within single licence classes (e.g. clause 5(d) subitems (i)–(xiv)) require granular cross-referencing to WA legislation.","Effect relies on an external statutory trigger (subsection 42J(1) of the Mutual Recognition Act) — full effect requires consulting the primary Act (see clause 3 and clause 5).","Cross-references to numerous WA Acts and regulations mean legal effect depends on those separate instruments and their amendments.","Recent amendments recorded in endnotes (Endnotes 3–4) mean scope has changed since original issuance and must be tracked."],"plain_english_summary":"This Determination (made under subsection 42J(4) of the Mutual Recognition Act 1992 (cl 3)) lists specific Western Australian registrations for which notification under subsection 42J(1) is required, so those registrations are subject to the Act’s automatic deemed registration process. It affects holders of the listed WA licences and the WA regulators who must provide or receive notifications. Mechanically, clause 5 designates categories (building, trades, gambling, transport, health, etc.), creating notification obligations and shifting cross‑jurisdictional compliance and administrative costs onto registrants and authorities."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by subsection 42J(4) of the Mutual Recognition Act 1992: specifying which registrations require automatic notification. It has not expanded beyond this specific technical purpose. The 2024 amendments added two new categories of building engineering practitioners (civil and mechanical) to paragraph 5(d), but this is a routine update within the original scope rather than scope creep."},"complexity_factors":["Very short instrument (only 5 substantive sections, with section 2 repealed)","Single operative provision (section 5) consisting entirely of a list","Only 1 defined term ('Act')","No conditional logic, cross-references to other legislation (except the enabling Act), or exceptions","Straightforward legislative instrument made under a specific subsection of the Mutual Recognition Act 1992","Content is purely enumerative - a laundry list of WA licences and registrations"],"plain_english_summary":"This instrument names 46 Western Australian licences and registrations that must trigger an automatic deemed‑registration notification under the Mutual Recognition Act 1992. It tells WA registration bodies which occupations require interstate notification and so affects WA registrants and receiving state/territory regulators.\n\nBy clarifying which high‑risk or heavily regulated occupations need this extra step, the instrument helps the mutual recognition system protect public safety while enabling cross‑jurisdictional labour mobility."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022","history":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022/history","analysis":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022/analysis","conflicts":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022/conflicts","importantCases":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022/important-cases","documents":"/api/acts/mutual-recognition-automatic-deemed-registration-notification-western-australia-determination-2022/documents"}}