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Section 1 - Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024 - Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024 | Zoe

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Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024

1Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024

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Commonwealth Coat of Arms of Australia

Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024

I, the Honourable Daniel Mookhey, Treasurer of New South Wales, make the following declaration.

Dated: 26 June 2024

The Honourable Daniel Mookhey MLC

Treasurer of New South Wales

Contents

1 Name

2 Commencement

3 Authority

4 Simplified outline of this instrument

5 Definitions

6 Exemptions

7 Sunset

8 Repeals

Schedule 1—Repeals

1 Name

This instrument is the Automatic Mutual Recognition (New South Wales) (Exemption—Various) Declaration 2024

2 Commencement

(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.

Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. The whole of this instrument 1 July 2024 1 July 2024

Note: This table relates only to the provisions of this instrument as originally made.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.

(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.

3 Authority

This instrument is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.

4 Simplified outline of this instrument

The purpose of this instrument is to exempt registrations for occupations, or for activities covered by occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth.

This instrument has effect only in relation to New South Wales.

This instrument is repealed at the end of 1 October 2029.

5 Definitions

Exemptions for the purposes of paragraph 42S(1)(a)
Item Column 1Registration Column 2Statement of risk
1. Consulting radiation expert accreditation under the Radiation Control Act 1990 (NSW) Significant risk to consumer protection and health and safety of workers and patients through unintended exposure to radiation due to equipment being incorrectly serviced and calibrated. There are large differences in accreditation, terminology, operating conditions, and activities across the jurisdictions, which in many cases do not provide equivalent protection as that in NSW. The NSW Government and consumers need to have confidence that consulting radiation experts from other jurisdictions understand specific NSW laws and processes to ensure equipment that uses radiation is correctly assessed, calibrated, and maintained.
1. Site auditor accreditation under the Contaminated Land Management Act 1997 (NSW) Significant risk to consumer protection, the environment and public health as an incorrect assessment of the nature and extent of land contamination may be illegal, costly to rectify and result in adverse impacts on public health and the environment. There are technical, policy and legislative requirements that are specific to NSW. The NSW Government and consumers need to have confidence that site auditors from other jurisdictions understand specific NSW laws and processes to ensure audits and assessments are conducted correctly.
1. Pyrotechnician’s licences under the Explosives Act 2003 (NSW) Significant risk to public safety as NSW Police Force needs to retain the authority to conduct probity checks on operators entering NSW and restrict access to persons deemed unsuitable.
1. Licences and registration schemes under the Greyhound Racing Act 2017 (NSW) Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. New South Wales has a statutory obligation to assess an applicant’s fitness taking into account a broader list of criminal convictions than other Australian jurisdictions.
1. Licences and registration schemes under the Harness Racing Act 2009 (NSW) Significant risk to consumer protection, health and safety of workers in the harness racing industry, and animal welfare as, without an exemption to AMR, the NSW harness racing controlling body would be unable to conduct an appropriate probity assessment. There is a substantial risk that this would lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use infiltrating the sport in NSW, increase safety and animal welfare concerns, and reduce consumer confidence. Harness Racing NSW has a statutory obligation to assess an applicant’s fitness and propriety to a more rigorous and higher standard than other Australian jurisdictions.
1. Licences and registration schemes under the Thoroughbred Racing Act 1996 (NSW) Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. NSW has a statutory obligation to assess an applicant’s fitness taking into account a broader list of criminal convictions than other Australian jurisdictions.
1. Registered Surveyor – Mining, under the Surveying and Spatial Information Act 2002 (NSW) Significant health and safety risk for workers in underground mines.The assessment of registered mining surveyors for underground work are not done to the same standards in other jurisdictions.
1. Registration under the Combat Sports Act 2013 (NSW) Significant risks to consumer protection, combatant health and safety, and public safety. The Combat Sports Authority (NSW) and the NSW Police Force would have reduced ability to properly supervise and regulate combat sport industry activity in NSW through combatant and industry participant probity assessments. This could pose a health and safety risk to combatants, and damage public perceptions of the field’s integrity and increase the likelihood of organised crime infiltration.
1. Licences under the Pawnbrokers and Second-hand Dealers Act 1996 (NSW) Significant risk to consumer protection. Currently, ADR operators are unable to access the reporting portal for Pawnbrokers and Second-hand dealers monitored by the NSW Police Force. This will mean that ADR operators are unable to comply with their mandatory obligations. Failure to keep proper records will also impede police investigation and may impact on recovery of stolen goods.