{"id":"mutual-recognition-victoria-act-1998","name":"Mutual Recognition (Victoria) Act 1998","slug":"mutual-recognition-victoria-act-1998","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173399,"registerId":"vic-mutual-recognition-victoria-act-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Mutual Recognition (Victoria) Act 1998","content":"Version No. 006\n\n**Mutual Recognition (Victoria) Act 1998**\n\n**No. 62 of 1998**\n\nVersion incorporating amendments as at  \n1 July 2021\n\n**table of provisions**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purpose 1\n\n2 Commencement 1\n\nPart 2—Mutual recognition 2\n\n3 Definition 2\n\n4 Adoption of Commonwealth Act 2\n\n5 Regulations for temporary exemptions for goods 2\n\n6 Termination of adoptions 2\n\n6A Effect of termination of adoption under section 4(2) before termination of adoption under section 4(1) 3\n\n7 Transitional 3\n\nEndnotes 5\n\n1 General information 5\n\n2 Table of Amendments 7\n\n3 Amendments Not in Operation 8\n\n4 Explanatory details 9\n\n**Version No.** **006**\n\n**Mutual Recognition (Victoria) Act 1998**\n\n**No. 62 of 1998**\n\nVersion incorporating amendments as at  \n1 July 2021\n\n**The Parliament of Victoria enacts as follows:**\n\nPart 1—Preliminary\n\n\t1 Purpose\n\nThe main purpose of this Act is to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth.\n\n\t2 Commencement\n\n(1) This Part, section 8 and Part 3 come into operation on the day on which this Act receives the Royal Assent.\n\n(2) Part 2 (except section 8) is deemed to have come into operation on 1 July 1998.\n\nPart 2—Mutual recognition\n\n\t3 Definition\n\nIn this Part—\n\n***Commonwealth Act*** means the Mutual Recognition Act 1992 of the Commonwealth.\n\n\t4 Adoption of Commonwealth Act\n\n(1) The Commonwealth Act, as originally enacted and as amended by regulations made before the enactment of the **Mutual Recognition (Victoria) Act 1993**, is adopted within the meaning of section 51(xxxvii) of the Commonwealth of Australia Constitution.\n\nS. 4(2) substituted by No. 25/2021 s. 3.\n\n(2) Without limiting subsection (1), the amendments made to the Commonwealth Act, by the Mutual Recognition Amendment Act 2021 of the Commonwealth, are adopted under section 51(xxxvii) of the Constitution of the Commonwealth.\n\nS. 4(3) inserted by No. 25/2021 s. 3.\n\n(3) Each adoption under this section terminates at the end of the day fixed under section 6 as the day on which that adoption is to terminate.\n\n\t5 Regulations for temporary exemptions for goods\n\nWithout limiting any other power under any other Act, the Governor in Council may make regulations for the purposes mentioned in section 15 of the Commonwealth Act as adopted.\n\nS. 6 substituted by No. 25/2021 s. 4.\n\n\t6 Termination of adoptions\n\n(1) The Governor in Council, by proclamation published in the Government Gazette, may fix a day as the day on which—\n\n(a) the adoption, under section 4(1), of the provisions of the Commonwealth Act referred to in section 4(1) terminates; or\n\n(b) the adoption, under section 4(2), of the provisions of the Commonwealth Act, referred to in section 4(2), terminates.\n\n(2) The Governor in Council, by proclamation published in the Government Gazette, may revoke a proclamation published under subsection (1), in which case the revoked proclamation, for the purposes of section 4, is taken never to have been published.\n\n(3) A revoking proclamation has effect only if published before the day fixed under subsection (1).\n\n(4) The revocation of a proclamation published under subsection (1) does not prevent publication of a further proclamation under that subsection.\n\nS. 6A inserted by No. 25/2021 s. 4.\n\n\t6A Effect of termination of adoption under section 4(2) before termination of adoption under section 4(1)\n\nIf the adoption under section 4(2) terminates before the adoption under section 4(1), the termination of the adoption under section 4(2) does not affect the continued operation in the State of the provisions of the Commonwealth Act referred to in section 4(1).\n\n\t7 Transitional\n\nAnything done or purporting to have been done after the expiry of the **Mutual Recognition (Victoria) Act 1993** and before the enactment of this Act is deemed to have, and always to have had, the same effect as it would have had if the **Mutual Recognition (Victoria) Act 1993** had not expired.\n\nS. 8 repealed by No. 21/2015 s. 3(Sch. 1 item 35).\n\n* * * * *\n\nPt 3 (Heading and ss 9, 10) repealed by No. 70/2013 s. 3(Sch. 1 item 38).\n\n* * * * *\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 3 September 1998*\n\n*Legislative Council: 7 October 1998*\n\nThe long title for the Bill for this Act was \"to continue the adoption of the Mutual Recognition Act 1992 of the Commonwealth, to amend the **Trans‑Tasman Mutual Recognition (Victoria) Act 1998** and certain other Acts and for other purposes.\"\n\nThe **Mutual Recognition (Victoria) Act 1998** was assented to on 27 October 1998 and came into operation as follows:\n\nPart 1 (sections 1, 2), section 8 and Part 3 (sections 9, 10) on 27 October 1998: section 2(1); rest of Act on 1 July 1998: section 2(2).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Mutual Recognition (Victoria) Act 1998** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 38) on 1.12.13: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Mutual Recognition (Victoria) Act 1998** |\n\n\n**Statute Law Revision Act 2015, No. 21/2015**\n\n| Assent Date: | 16.6.15 |\n| --- | --- |\n| Commencement Date: | S. 3(Sch. 1 item 35) on 1.8.15: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Mutual Recognition (Victoria) Act 1998** |\n\n\n**Mutual Recognition (Victoria) Amendment Act 2021, No. 25/2021**\n\n| Assent Date: | 28.6.21 |\n| --- | --- |\n| Commencement Date: | Ss 3, 4 on 1.7.21: Special Gazette (No. 346) 29.6.21 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Mutual Recognition (Victoria) Act 1998** |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"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":3,"scope_assessment":{"changed":false,"description":"The legislation has remained true to its original purpose since 1998: adopting the Commonwealth Mutual Recognition Act. The 2021 amendments expanded the adoption mechanism to cover the 2021 Commonwealth amendments (creating a dual-track adoption system), but this is a technical update to maintain alignment with federal law rather than a substantive expansion of scope. The repeal of Part 3 and section 8 (via statute law revision Acts in 2013 and 2015) actually narrowed the Act by removing spent or redundant provisions."},"complexity_factors":["Extremely short statute (only 7 operative sections, with Parts 3 and section 8 repealed)","Single defined term ('Commonwealth Act') in the interpretation section","Simple legislative mechanism: wholesale adoption of another Act rather than substantive standalone provisions","Minimal conditional logic—primarily straightforward adoption and termination mechanisms","Cross-references limited to the Commonwealth Constitution (s 51(xxxvii)) and the federal Mutual Recognition Act 1992","Recent amendments (2021) added some complexity with dual adoption tracks (s 4(1) and 4(2)) and termination sequencing rules (s 6A), but these remain conceptually straightforward"],"plain_english_summary":"This Victorian law is essentially a 'connector' that brings Commonwealth (federal) mutual recognition rules into Victorian law. Here's what it does:\n\n**The big picture:**\nAustralia has a system called 'mutual recognition' that allows goods legally sold in one state or territory to be sold in another, and lets people registered to work in one state (like plumbers, electricians, or lawyers) work in another state without having to get completely re-certified. This avoids a patchwork of different rules across the country.\n\n**What this specific Act does:**\n- **Adopts the federal law:** It takes the Commonwealth's *Mutual Recognition Act 1992* and makes it apply in Victoria. This is done using a constitutional mechanism (section 51(xxxvii)) where states can refer powers to the Commonwealth or adopt Commonwealth laws.\n- **Keeps the law up to date:** It automatically adopts amendments made to the federal law, specifically referencing the 2021 updates.\n- **Allows temporary exemptions:** The Victorian Government can make regulations to temporarily exempt certain goods from these rules if needed.\n- **Provides an exit mechanism:** The Victorian Government can terminate (end) the adoption of the federal law through a proclamation published in the Government Gazette, though it can also revoke such a termination if published before the termination date takes effect.\n- **Handles transitions smoothly:** It validates actions taken during a gap period when an earlier version of this law had expired.\n\n**Who it affects:**\n- **Businesses** selling goods across state borders\n- **Professionals and tradespeople** wanting to work in Victoria who are already registered in another Australian state or territory\n- **Consumers** who benefit from greater choice and competition\n\n**Why it matters:**\nWithout this law, Victoria would need its own separate mutual recognition regime, creating red tape and barriers to trade and labour mobility across Australia. This 'adoption' approach ensures Victoria stays aligned with national standards while retaining some control (like the ability to grant temporary exemptions or eventually withdraw from the scheme)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act's core scope—continuing Victoria's adoption of the Commonwealth Mutual Recognition Act 1992—remains unchanged (s1, s4). Amendments (notably s4(2) and s6A) explicitly adopt specified Commonwealth amendments and clarify termination sequencing but do not expand substantive coverage beyond continued adoption of the Commonwealth Act."},"complexity_factors":["Adoption of an external Commonwealth Act into State law (s4) creates dependence on external text and future Commonwealth amendments.","Use of constitutional referral mechanism (s51(xxxvii)) to adopt federal provisions adds a federal–state legal interface.","Executive discretion: Governor in Council may make regulations for temporary exemptions (s5) and may fix or revoke termination dates by proclamation (s6).","Termination sequencing and effect rules (s6, s6A) introduce temporal/legal sequencing issues where partial terminations can occur.","Transitional deeming clause preserves acts done under the prior Victorian adoption (s7), requiring attention to timing and retrospective effects.","Commencement and amendment history affect operation dates and which Commonwealth amendments are adopted (ss2, 4)."],"plain_english_summary":"This Act continues Victoria's adoption of the Commonwealth Mutual Recognition Act 1992 so that the Commonwealth Act's rules operate in Victoria (s1, s4). It authorises the Governor in Council to make temporary-exemption regulations for goods and to fix or revoke the day Victoria's adoption ends by proclamation (ss5–6, 6A). It mainly affects businesses and regulators engaged in interstate trade or cross‑jurisdictional service provision by changing who decides exemptions and the mechanics of compliance."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act appears to have maintained its original scope as a mechanism for Victoria to adopt and apply the Commonwealth mutual recognition framework. There is no evidence from the available text that its scope was broadened or narrowed from its original intent as a referral/adoption statute."},"complexity_factors":["The Act itself is short and largely adopts Commonwealth legislation by reference, making it simple in structure","Understanding its practical effect requires knowledge of the parent Commonwealth Mutual Recognition Act 1992","Some complexity arises from exemptions and carve-outs for certain occupations and goods","Interplay between state and Commonwealth regulatory frameworks can create confusion for individuals navigating which rules apply","Notification vs automatic recognition distinction adds a layer of procedural nuance"],"plain_english_summary":"The Act adopts the Commonwealth Mutual Recognition scheme into Victorian law so registrations, licences and goods lawfully accepted in another Australian state or territory are generally recognised in Victoria. It makes it easier for tradespeople, professionals and businesses to operate across borders without re‑qualification or duplicate approvals, reducing regulatory barriers to work and trade. Limits include specified exemptions (e.g., safety/health), required notifications to Victorian authorities, and that it does not override Commonwealth law."}},"importantCases":[],"_links":{"self":"/api/acts/mutual-recognition-victoria-act-1998","history":"/api/acts/mutual-recognition-victoria-act-1998/history","analysis":"/api/acts/mutual-recognition-victoria-act-1998/analysis","conflicts":"/api/acts/mutual-recognition-victoria-act-1998/conflicts","importantCases":"/api/acts/mutual-recognition-victoria-act-1998/important-cases","documents":"/api/acts/mutual-recognition-victoria-act-1998/documents"}}