Automatic Mutual Recognition (New South Wales) (Exemption-Various Building Occupations) Declaration 2025

The instrument relies on and operates against the framework of the Mutual Recognition Act 1992 (Commonwealth). It does not restate that Commonwealth Act; instead it invokes the Treasurer’s power under s 42S of that Commonwealth Act to make a declaration excluding particular registrations from automatic deemed registration (s 3). The instrument defines the shorthand Act to mean the Mutual Recognition Act 1992 of the Commonwealth (s 5).

The central legal concept is automatic deemed registration. While the Mutual Recognition Act’s detailed mechanics are not reproduced in this declaration, the instrument explicitly excludes certain NSW registrations from that automatic mechanism (s 6(1)). The instrument therefore creates a negative rule: the specified classes of registration listed in s 6(3) “are excluded from the operation of automatic deemed registration in New South Wales” (s 6(1)).

Another primary concept is the statement of risk. Subsection 42S(2) of the Commonwealth Act is the statutory hook for requiring a statement of risk; s 6(2) of this instrument performs that function by setting out, in column 2 of the s 6(3) table, the Treasurer’s statements about why each registration is being excluded. Those statements of risk are targeted at consumer protection, the environment, animal welfare, and the health or safety of workers or the public. For example, for contractor licences and supervisor certificates the declaration records that there is “Significant risk to consumer protection and the health or safety of workers or the public” and states that the NSW building and construction sector “is subject to additional requirements and protections” (s 6(3) item 1, column 2).

The instrument is time‑limited: its own sunset clause repeals the whole instrument at the end of 1 October 2027 (s 7). It also proceeds to repeal a prior, temporally related instrument (Automatic Mutual Recognition (New South Wales) (Exemption,12‑months) Declaration 2024) in Schedule 1 (s 8 and Schedule 1).

The exemptions are occupational and registration‑specific. The list at s 6(3) is not framed as a general power to suspend mutual recognition; it names discrete registrations, and for each gives the statutory source of the registration in New South Wales (for example the Home Building Act 1989 (NSW); the Design and Building Practitioners Act 2020 (NSW); and the Building and Development Certifiers Act 2018 (NSW)). The declaration therefore operates by reference to existing NSW licensing and registration schemes rather than by substituting a new NSW registration regime.

Finally, the instrument contains administrative notations about commencement and publication: the commencement table is treated as only implementing the timing of the instrument (s 2), and the instrument expressly records that information in a particular column is not part of the instrument. Those notes affect statutory interpretation of the document as published but do not expand the substantive exclusions.

Primary affected persons and entities are the holders of, and applicants for, the identified registrations, and the NSW entities that regulate them. The list in s 6(3) targets particular building occupations and related classes of registration. That means:

• Interstate registrants whose existing registration would, absent this declaration, have attracted automatic deemed registration in NSW under the Mutual Recognition Act. For those individuals or entities, the declaration removes the automatic pathway to be treated as registered in NSW for the listed occupations (s 6(1), s 4).

• NSW licensing and regulatory authorities that administer the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), and the Building and Development Certifiers Act 2018 (NSW). The instrument preserves the application of those NSW regimes to the listed activities by excluding them from the Commonwealth deemed registration mechanism (s 6(3) and column 2 entries).

• NSW consumers, homeowners and building occupants. The instrument’s column 2 statements of risk repeatedly refer to impacts on consumer protection, costs to homeowners in remedying defects, and risks to safety for people living with non‑compliant building work (s 6(3) items 1-3). By its terms, the Treasurer considers those groups implicated by the listed activities.

• Employers and principals engaging trades or services in the listed areas in NSW. Because the excluded registrations will not be converted into deemed registrations under the Commonwealth scheme, those who engage workers from interstate must ensure workers hold whatever NSW approvals the NSW Acts require. The instrument does not spell out employer obligations, but its exclusionary mechanism places a practical compliance burden on anyone relying on mutual recognition to supply services in NSW for the listed activities (s 6(1), s 4).

• The NSW Government. The column 2 statements explicitly reference the NSW Government’s interest: “The NSW Government and consumers need to have confidence in the building and construction sector” (s 6(3) columns). The instrument therefore frames the exclusions as preserving NSW’s ability to apply its regulatory standards.

Temporal and geographic scope matters. The instrument applies only in New South Wales (s 4). It is effective from 1 July 2025 and continues until repealed at the end of 1 October 2027 (s 2 and s 7). It also replaces a 2024 temporary exemption (Schedule 1 and s 8), so holders and applicants who were affected by the prior instrument should note the transition handled by the repeal.

The instrument does not change obligations under the Commonwealth Mutual Recognition Act except by excluding specified registrations from the deemed registration pathway. It therefore does not alter registrations outside the listed occupations or outside NSW. Similarly, it does not purport to change the content of the NSW licensing schemes themselves; rather it leaves their existing licensing and enforcement arrangements in place by denying the Commonwealth mechanism effect for the listed items (s 6(3)).

The declaration itself is not framed as imposing new substantive licensing duties on practitioners. Rather, its legal operation is exclusionary: certain registrations are excluded from the operation of the Mutual Recognition Act’s automatic deemed registration in NSW (s 6(1)). The immediate legal consequence is that the route of automatic deemed registration under the Commonwealth Act is unavailable for the listed registrations; the declared exclusion preserves the applicability of NSW licensing regimes for those activities.

Rights and powers:

• The Treasurer’s power to make this declaration is the instrument’s legal provenance, expressly invoked in s 3, which states the instrument is made under section 42S of the Mutual Recognition Act 1992 (Commonwealth). The instrument therefore exercises an express statutory power at the Commonwealth/State interface.

• The instrument records statements of risk (s 6(2) and s 6(3) column 2) in the terms envisaged by subsection 42S(2) of the Commonwealth Act. Those statements are presented as the Treasurer’s reasons for the exclusion; they are part of the public administrative record that supports exercise of the power.

Duties and practical obligations for affected persons flow indirectly from the exclusion:

• Holders of interstate registrations who seek to carry out the listed activities in NSW will not be “deemed” registered under Commonwealth law for those classes by virtue of the Mutual Recognition Act. Therefore, practically, those persons must engage with the NSW licensing/registration systems named in the table (for example, the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), and the Building and Development Certifiers Act 2018 (NSW)) to be authorised to carry out those activities in NSW (s 6(3)). The instrument does not itself specify procedural steps or fees; those remain in the relevant NSW Acts and regulations.

• NSW regulators retain the ability to apply their existing standards, requirements and enforcement processes to the listed activities because the declaration prevents automatic Commonwealth conversion into NSW deemed registrations (s 6(3) column 2). The declaration thereby supports continuation of NSW’s pre‑existing regulatory duties, such as assessing and issuing licences, supervising compliance and enforcing regulatory conditions, under their respective NSW statutes.

Matters the instrument does not do:

• It does not create new licensing obligations beyond NSW’s existing regimes. The instrument’s function is to deny the Commonwealth pathway for specific registrations; the substantive licensing content and associated duties (eligibility criteria, continuing obligations, fees, disciplinary regimes) remain those set out in the named NSW Acts referenced in the table (s 6(3)).

• It does not itself prescribe penalties or enforcement measures; it leaves those mechanisms to the NSW legislation under which the licences and certificates are granted (s 6(3) and s 4).

In summary, the declaration shifts the legal default for the specified registrations: the right to be treated as registered in NSW via the Mutual Recognition Act is removed (s 6(1)), and the practical duty for individuals and firms is to comply with NSW licensing and registration procedures under the NSW Acts named in the table (s 6(3)).

The declaration is silent on new penalties and enforcement mechanisms; it does not create offences or civil penalty regimes in its text. Its enforcement effect is indirect and structural: by excluding specified registrations from the Mutual Recognition Act’s automatic deemed registration, the declaration ensures enforcement and penalty regimes associated with the relevant NSW Acts continue to apply to those activities (s 6(1) and s 6(3)).

Concretely:

• The instrument does not itself impose fines, suspensions or disciplinary sanctions. There is no schedule in the declaration that sets civil penalties or criminal offences. Instead, the relevant NSW Acts named in the table (for example, the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), and the Building and Development Certifiers Act 2018 (NSW)) will remain the sources of duties and sanctions for the covered activities (s 6(3)). Any enforcement action in relation to non‑compliance with NSW licensing requirements will therefore continue to be taken under those NSW statutes rather than under this declaration.

• Because automatic deemed registration is excluded, a person who relies incorrectly on an interstate registration to carry out an excluded activity in NSW may find themselves subject to NSW regulatory action (s 6(1) and s 6(3)). The declaration itself does not state the exact enforcement outcome, but the practical implication given the exclusion is that the NSW regulatory regimes’ compliance and sanctioning mechanisms will be the operative path for addressing non‑compliance.

• The instrument documents the Treasurer’s statements of risk as part of the subsection 42S(2) requirement (s 6(2) and s 6(3) column 2). Those statements function as the public justification for the exclusions; they do not, however, prescribe monitoring arrangements or enforcement practices. Enforcement practice therefore remains a matter for the NSW authorities who administer the named Acts.

• The instrument contains a repeal of a previous 2024 instrument (Schedule 1). The repeal means the 2024 instrument no longer operates; the present instrument is the operative declaration for the period stated (s 8 and Schedule 1). Any enforcement patterns that followed under NSW law during the earlier instrument period will now operate under the present instrument’s timeframe and scope.

To determine specific penalties or enforcement steps applicable to a person who contravenes NSW licensing requirements for the listed occupations, one must consult the NSW statutory instruments referenced in the table; those remain the operative sources for regulatory sanctions. The declaration itself functions to preserve the reach of those NSW enforcement regimes by excluding the Commonwealth deemed registration alternative (s 6(1)).

This declaration is an instrument made under a specific provision of a Commonwealth Act, and it operates by reference to several NSW Acts. The key statutory interactions are explicit in the text.

Primary statutory interaction:

• The instrument is made under section 42S of the Mutual Recognition Act 1992 (Commonwealth) (s 3). That Commonwealth provision provides the Treasurer with the authority to make a declaration excluding classes of registration from automatic deemed registration; this instrument is an exercise of that power.

Interaction with NSW legislation:

• The table in s 6(3) identifies specific NSW legislative schemes and specific licences/recognitions within them that the Treasurer has decided to exclude from automatic mutual recognition. Those schemes are named in the declaration and therefore remain the relevant law for licensing and regulation of the listed activities in NSW. The declared items reference the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), and the Building and Development Certifiers Act 2018 (NSW) among others (s 6(3) items 1-5).

• Because the declaration excludes certain registrations from the Commonwealth deemed registration regime, it effectively preserves the primacy of the NSW regulatory requirements for those activities. In other words, the Mutual Recognition Act’s conversion mechanism will not displace the NSW requirements for the listed activities while the declaration is in force (s 6(1) and s 4).

Temporal and repeal interactions:

• The declaration repeals the Automatic Mutual Recognition (New South Wales) (Exemption,12‑months) Declaration 2024 (Schedule 1 and s 8). That repeal is an explicit interaction with the prior instrument and updates the Commonwealth/State mutual recognition posture for the period covered by the new declaration.

• The declaration itself is time‑limited and contains a sunset clause (s 7). Once the declaration is repealed at the end of 1 October 2027, the exclusions it creates will cease to have effect unless extended or replaced. That interacts with the Commonwealth Mutual Recognition Act by restoring the mutual recognition pathway for the listed registrations, unless the Treasurer makes a further declaration under s 42S.

What the instrument does not do:

• It does not amend the Mutual Recognition Act or the named NSW Acts. It neither alters the text of those statutes nor purports to amend substantive licensing criteria within NSW law. Its operation is to carve out exceptions to the Mutual Recognition Act’s automatic deemed registration effect for particular registrations (s 6(1)-(3)).

• It does not create new NSW regulatory powers or new offences; enforcement remains governed by the relevant NSW Acts (s 6(3)).

Consequences for cross‑jurisdictional practice:

• If an interstate registration would otherwise have produced a deemed NSW registration under the Commonwealth Act, that pathway is blocked for the listed occupations by this declaration. Practitioners seeking to work in NSW in the excluded occupations must therefore comply with the applicable NSW legislative requirements rather than rely on mutual recognition. The declaration explicitly connects the exclusion to the NSW Acts by naming the relevant registrations and their NSW statutory bases (s 6(3)).

Administrative and interpretative notes:

• The commencement table includes a note that information in column 3 is not part of the instrument (s 2). This affects how the instrument should be read alongside any published annotations or editorial material.

• The declaration is explicit that its geographic application is New South Wales only (s 4). Accordingly, registrations outside NSW remain governed by other States’ and Territories’ application of the Mutual Recognition Act unless they too adopt similar declarations.

The declaration itself contains a limited built‑in amendment history, primarily by repeal of a predecessor instrument and by its own temporal limits. The instrument’s internal record shows the following change history elements:

• The instrument repeals the Automatic Mutual Recognition (New South Wales) (Exemption,12‑months) Declaration 2024 in Schedule 1 (s 8 and Schedule 1). The Schedule’s single item provides for the repeal of the whole of that 2024 instrument.

• The instrument commences in full on 1 July 2025 as recorded in the commencement table (s 2). The commencement table also contains an editorial note that information in column 3 is not part of the instrument (s 2). That note does not amend the substantive content but is an instructional or publication convention.

• The instrument includes an express sunset clause: it is repealed at the end of 1 October 2027 (s 7). That clause defines the instrument’s own lifecycle and therefore serves as a scheduled self‑amendment: on repeal date, the instrument ceases to have legal effect, and the exclusions it creates will end unless replaced.

No other amendments, historical variations, or versioning details are contained within this instrument. The declaration’s name is set out in s 1, which establishes the instrument’s formal title. The simplified outline in s 4 records the purpose and limited territorial effect (New South Wales only) and reiterates the repeal date. The instrument does not, within its text, record incremental amendments or prior drafts beyond the 2024 instrument which it repeals.

Because the declaration is made under a Commonwealth power (s 3), further changes to the items excluded or to the period of operation would require a fresh declaration under the enabling provision (subsection 42S(1)(a) of the Mutual Recognition Act) or an amendment instrument executed by the Treasurer under the same statutory power. There are no further amendment instruments recorded in this text.

Readers should note the instrument’s explicit statement that the commencement 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” (s 2). That administrative note clarifies that subsequent amendments will be recorded elsewhere rather than by retrofitting the original commencement table.

The declaration itself contains no references to litigation, judicial decisions, or past cases. There are no citations in the text to judicial authority, no recorded proceedings, and no embedded notices of court action. The instrument is an administrative declaration made under a statutory head of power (s 3) and presents policy‑style statements of risk in the table at s 6(3) to support the exclusions; however, it does not reference any litigation history as part of its explanatory material.

Because the instrument neither cites cases nor records legal challenges, there is no litigation narrative within the declaration text to summarise. The Schedule and repeals are administrative: Schedule 1 repeals a prior 2024 declaration (s 8, Schedule 1), but no court proceedings are noted in relation to that repeal.

Practitioners requiring an account of litigation that may have involved similar exclusions, the Mutual Recognition Act or the NSW Acts named in the table must consult external legal databases and case law; that material is not present in this instrument and therefore is not summarised here. The declaration contains only the statutory exercise of power under s 42S and provides the Treasurer’s statements of risk as the administrative justification for each excluded category (s 6(2) and s 6(3)).

In short, the instrument’s text offers no internal litigation or adjudicative history to report.

This instrument contains several practical features and drafting specifics that may produce unintended consequences or confusion unless carefully noted.

1. Exclusion is narrow and occupation‑specific. The declaration excludes only the registrations listed at s 6(3). Other registrations remain subject to the Mutual Recognition Act’s automatic deemed registration provisions. A practitioner or employer who assumes the declaration is a blanket suspension of mutual recognition in NSW will be mistaken; the instrument names discrete registrations (s 6(3)). Check whether a particular registration corresponds exactly to the items in column 1.

2. The declaration removes the automatic deemed registration pathway; it does not directly create alternative NSW entitlements. The instrument’s effect is to preserve NSW’s existing licensing regimes by blocking the Commonwealth pathway (s 6(1) and s 6(3)). It does not itself set out how to obtain the NSW licence, what fees apply, or the substantive eligibility criteria. Those remain in the underlying NSW Acts referenced in the table. Parties must consult those NSW statutes for the procedural and substantive requirements.

3. Multiple NSW Acts and cross‑references. The excluded registrations span several NSW statutes and nomenclatures (Home Building Act 1989; Design and Building Practitioners Act 2020; Building and Development Certifiers Act 2018). Item 3, for instance, groups registrations and recognitions from different regimes (design practitioners in fire systems, professional engineer - fire safety, registered certifiers - fire safety and accredited practitioner - fire safety under the Building and Development Certifiers Act 2018; licences and certificates for water plumbing - fire protection and fire sprinkler systems under the Home Building Act 1989). That grouping may require interstate practitioners to navigate multiple NSW statutory frameworks to establish their entitlements. The declaration does not unify regulatory processes; it leaves them as separate NSW administration points (s 6(3) item 3).

4. The statements of risk are part of the declaration. Subsection 42S(2) of the Commonwealth Act requires a statement of risk; this instrument fulfils that requirement by recording column 2 descriptions at s 6(3). Those statements will likely be relied on as the administrative justification for the exclusion. They should therefore be read carefully if a practitioner seeks to challenge the scope or necessity of the declaration, because the instrument itself sets out the Treasurer’s reasons (s 6(2), s 6(3)). The content of those statements is categorical and references “significant risk” in relation to consumer protection, worker and public safety, and other matters (s 6(3) columns).

5. Temporal limit and transition planning. The declaration expires at the end of 1 October 2027 (s 7). Businesses and practitioners who rely on mutual recognition pathways should plan for the declared period: if they cannot obtain NSW registration promptly, they may be unable to lawfully carry out the listed activities in NSW during the declaration’s operation. After the sunset date, unless the Treasurer makes a new declaration, the Mutual Recognition Act’s automatic deemed registration pathway may again apply to the listed occupations. The instrument repeals the 2024 instrument (s 8 and Schedule 1), which means that prior temporary exemptions are replaced by this updated timeframe and scope.

6. Commencement table and publication caveat. The instrument contains an editorial note that information in column 3 of the commencement table is not part of the instrument (s 2). Published versions that include explanatory or editorial inserts should be scrutinised to ensure users do not rely on non‑legally‑part components of the published document.

7. No direct penalties set here. Because the declaration does not itself create offences or penalties, a practitioner must look to the NSW Acts for enforcement consequences. That can be a trap for those who read the declaration and mistakenly assume it imposes its own disciplinary regime or procedural steps. The declaration’s practical import is limiting the Commonwealth mutual recognition pathway and thereby preserving NSW enforcement through its own laws (s 6(1) and s 6(3)).

8. Geographical limitation. The declaration applies in New South Wales only (s 4). An interstate registration’s status in other jurisdictions is unaffected by this instrument; however, practitioners moving between jurisdictions should verify the mutual recognition posture in other States and Territories.

9. Different nomenclature may cause misclassification. The table uses specific licence/certificate terms that may not always map cleanly to registration titles in other jurisdictions. A practitioner whose interstate registration uses different occupational titles should verify whether their registration is within the NSW description in column 1 before relying on mutual recognition.

10. Administrative discretion and potential for further declarations. The instrument is an exercise of administrative power under the Commonwealth Act. Its existence indicates the Treasurer can make further or alternative declarations under the same head of power. The presence of a time‑limited exemption suggests a continuing administrative review cycle; stakeholders should watch for subsequent declarations that adjust scope or duration.

These “gotchas” are drawn from the instrument’s text and structure (s 2, s 3, s 4, s 6(1)-(3), s 7, s 8 and Schedule 1) and indicate points where misreading the declaration could lead to practical non‑compliance or administrative confusion.

This instrument’s compliance advice flows from its exclusionary effect: because certain registrations are excluded from automatic deemed registration in NSW (s 6(1)), persons and entities wishing to carry out the listed activities in NSW must engage with the relevant NSW licensing and registration regimes named in the declaration. The instrument itself does not set procedural rules; it preserves the NSW Acts and their administration. Practical steps, grounded in the instrument’s mechanics, are as follows.

1. Identify whether the registration or activity you (or your worker) perform is named at s 6(3) column 1. The instrument lists five items covering:

   • Contractor licence and supervisor certificate for general building work under the Home Building Act 1989 (NSW) (item 1).
   • Contractor licence and supervisor certificate for erection of prefabricated metal‑framed home additions and structures under the Home Building Act 1989 (NSW) (item 2).
   • Registrations/recognitions under the Design and Building Practitioners Act 2020 (NSW), fire‑safety related roles, and certain certifier and plumbing fire protection licences (item 3).
   • Licences and certificates for mechanical services and medical gas work under the Home Building Act 1989 (NSW) (item 4).
   • Licences and certificates for electrical wiring, air‑conditioning and refrigeration work under the Home Building Act 1989 (NSW) (item 5).

2. If your activity appears in s 6(3), do not assume automatic deemed registration will apply in NSW. The instrument explicitly excludes those registrations from automatic conversion under the Mutual Recognition Act (s 6(1) and s 4). Therefore, prepare to obtain whatever NSW authorisation the relevant NSW Act requires before undertaking the activity in NSW.

3. Consult the NSW statutory scheme named in the instrument. The instrument references the Home Building Act 1989 (NSW), the Design and Building Practitioners Act 2020 (NSW), and the Building and Development Certifiers Act 2018 (NSW) (s 6(3)). Those Acts, together with their regulations, will set out eligibility criteria, application procedures, continuing obligations, fees and disciplinary regimes. The declaration does not alter those substantive legal requirements.

4. Engage with the relevant NSW regulator early. The declaration preserves NSW regulatory standards by excluding the Commonwealth pathway; contact the NSW regulator responsible for the specific licence class to obtain application forms, qualification mapping rules and guidance on recognising interstate qualifications, if any. The declaration’s column 2 statements indicate NSW regulators will apply their standards to protect consumer and public safety (s 6(3) column 2).

5. Plan for timing and transition. The instrument is effective from 1 July 2025 and remains in force until the end of 1 October 2027 (s 2 and s 7). If you or your organisation intends to mobilise interstate workers in that period, make arrangements to secure NSW licences where required. If a worker arrives in NSW relying on an interstate registration without making NSW applications, they risk being non‑compliant with NSW requirements (the declaration prevents Commonwealth deemed registration for the listed items; see s 6(1)).

6. Check for ancillary regulatory requirements. The declaration notes risks around consumer protection, remedial costs, and worker/public safety (s 6(3) column 2). NSW licensing schemes may impose additional continuing professional obligations, insurance, or certification standards to address those concerns. Verify whether NSW requires specific insurances, supervision arrangements, or evidence of competency that interstate registration does not automatically provide.

7. Employers and principals: verify NSW registration status. Where a principal engages contractors or workers for listed activities in NSW, ensure those individuals or businesses hold the requisite NSW authorisation. The declaration’s purpose is to maintain NSW’s ability to verify competency and compliance rather than permitting immediate work via the Mutual Recognition Act (s 4 and s 6(3)).

8. Monitor for further declarations or legislative changes. The instrument repeals the 2024 declaration (s 8 and Schedule 1) and is itself time‑limited (s 7). Stakeholders should monitor whether the Treasurer issues further declarations under the Mutual Recognition Act or whether NSW or Commonwealth law changes the regulatory landscape.

9. Maintain documentation. Where an interstate registrant has taken steps towards NSW registration, retain evidence of applications, competency assessments and communications with NSW regulators. The declaration’s statements of risk form the official reasons for the exclusion (s 6(2) and s 6(3)), so documentary records demonstrating compliance with NSW processes will be relevant to any administrative queries.

10. If uncertain, obtain tailored advice. The declaration does not provide procedural detail. Entities requiring specific legal or regulatory compliance advice should consult lawyers or regulatory specialists and the relevant NSW Acts and regulators to ensure lawful practice in NSW for the listed occupations.

These steps are directed by the declaration’s mechanics: it excludes specified registrations from the Mutual Recognition Act’s automatic deemed registration in NSW (s 6(1)), names the NSW statutory bases for the relevant registrations (s 6(3)), provides the operational timeframe (s 2 and s 7), and repeals the prior 2024 instrument (s 8 and Schedule 1).