Automatic Mutual Recognition (Tasmania) (Exemptions—One-Year) Declaration 2022

The instrument is framed around a small number of legal and administrative concepts that determine its scope and effect.

• Authority and legal basis. The declaration is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth (s 3). The instrument therefore operates as a statutory declaration exercising the power conferred by that Commonwealth provision as it applies to Tasmania.

• Commencement and temporal scope. Section 2 sets a single commencement date, 1 July 2022, for the whole instrument, and section 6(4) explicitly provides that section 6 is repealed at the end of 30 June 2023. The instrument therefore creates a one-year exemption window that begins and ends on precise dates, subject also to the general sunset regime of the Commonwealth Legislation Act 2003 as noted in s 4.

• Geographic limitation. The instrument has effect only in relation to Tasmania (s 4). It is not a national modification of the Mutual Recognition Act, but a Tasmanian application of the exemption power under that Act.

• Exclusion of automatic deemed registration. The mechanism created is an exclusion from the automatic deemed registration mechanism in the Mutual Recognition Act. Section 6(1) states that, for the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in s 6(3) "is excluded from the operation of automatic deemed registration in Tasmania". The phrase used is narrow and technical: it does not amend the underlying Tasmanian licensing Acts, rather it prevents the Mutual Recognition Act’s automatic deeming mechanism from operating in relation to those specified registrations during the declared period.

• Risk statements as statutory justification. Section 6(2) requires that column 2 of the table set out "a statement of the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public" in relation to each registration listed. The table in s 6(3) provides those statements. The instrument therefore documents the regulator’s reasons in statutory form for each exclusion. For example, the table records that licensed conveyancing is excluded because "differences between jurisdictions in the definition of conveyancing work, along with differences in conveyancing laws and practices", pose a significant consumer protection risk (s 6(3) Item 1). For the builder classes the stated risk is difficulty obtaining necessary information to assess an interstate builder’s financial position and solvency under current legislative settings, resulting in financial risk to consumers (s 6(3) Items 2-5). For the property-related licences the instrument records "a number of key differences in standards or requirements in Tasmania compared with other jurisdictions", creating significant risk to vendors, purchasers, and parties letting or renting property (s 6(3) Items 6-9).

• Formal elements. The instrument includes definitions limited to defining "Act" as the Mutual Recognition Act 1992 (s 5). The commencement table in s 2 includes a note that information in column 3 is not part of the instrument (s 2(2)), a procedural detail relevant to how the instrument might be read in published form.

These concepts determine that the instrument does not rewrite licensing standards or create new licensing categories; instead, it temporarily curtails the application of a Commonwealth mechanism that would otherwise have resulted in automatic deemed registration of interstate licence-holders for the listed classes in Tasmania.

The instrument identifies and thus directly affects two principal groups.

• Holders of interstate registrations that would otherwise be automatically deemed to be registrants in Tasmania under the Mutual Recognition Act. The exemption operates only for the specific registration categories set out in s 6(3). Those categories are: Licensed Conveyancer under the Conveyancing Act 2004 (s 6(3) Item 1); Licensed Builder - General Construction in the four subcategories Open, Medium Rise, Low Rise and Domestic under the Occupational Licensing Act 2005 (s 6(3) Items 2-5); and four classes under the Property Agents and Land Transactions Act 2016, namely Licensed Real Estate Agent, Licensed Property Manager, Licensed General Auctioneer and Licensed Property Representative (s 6(3) Items 6-9). Interstate holders of those registrations who intend to operate in Tasmania during the operative period will be affected because the automatic deemed registration route is excluded for them.

• Tasmanian regulators and consumers. The instrument explicitly references the regulatory capacity of Consumer, Building and Occupational Services in the risk statements for the builder categories (s 6(3) Items 2-5). That indicates the regulator’s assessment of its ability to obtain necessary information on interstate builders’ financial position and solvency under existing legislative settings. The instrument thus affects the work and information needs of that regulator during the exemption period. More broadly, the instrument is framed as protecting consumers, vendors, purchasers, tenants, and the public in Tasmania by preventing automatic recognition where the instrument records that differing standards or the inability to assess financial capacity create risks (s 6(3) Items 1, 2-5, 6-9). Those Tasmanian market participants are intended beneficiaries of the exclusion as presented in the statutory statements of risk.

Secondary effects arise for businesses and professionals who engage with the affected licence-holders. For example, developers, contractors and property transaction counterparties in Tasmania may find that interstate professionals cannot rely on mutual-recognition-derived automatic registration during the period, and so those Tasmanian entities will need to verify that the practitioner has local registration under the relevant Tasmanian Act. The instrument does not set out the practical procedures for verification; it names the pertinent Acts tied to each registration type, thereby signalling which Tasmanian statutory regimes continue to govern engagement with those professions (s 6(3)).

The instrument also affects the Commonwealth administrative framework, in that it utilises the exemption power in s 42S of the Mutual Recognition Act for a Tasmanian declaration. The instrument states that it is subject to subsection 42S(6) of the Mutual Recognition Act (s 4), so the interplay with Commonwealth rules governing such exemptions is engaged.

Finally, because the instrument is time-limited and specific in scope, it does not affect other registration classes that are not listed, nor does it create permanent changes to the underlying Tasmanian Acts. Its direct impact is therefore confined to the classes and actors listed in s 6(3) for the one-year operative window.

The instrument itself mainly creates an exclusion that affects rights and administrative duties tied to the Mutual Recognition Act and the specified Tasmanian licensing regimes. It does not introduce new private rights or create new offences, and does not amend the licensing Acts themselves. The principal duties and rights it affects are as follows.

• Right to automatic deemed registration is suspended for listed classes. Under the Mutual Recognition Act’s mutual-recognition mechanism, an interstate registration would normally be treated as establishing registration in the receiving jurisdiction by automatic deeming. This instrument removes that prospect for the listed registrations in Tasmania for the declared period by excluding those registrations from the operation of automatic deemed registration (s 6(1)). The statutory reform thus reduces an interstate registrant’s right to be treated as locally registered via mutual recognition in respect of the affected categories.

• Duty to seek Tasmanian registration remains. Because the instrument excludes the automatic deemed registration mechanism, persons seeking to operate in Tasmania in the listed classes will need to comply with Tasmanian licensing requirements under the relevant Acts named in the table (Conveyancing Act 2004, Occupational Licensing Act 2005, Property Agents and Land Transactions Act 2016). The instrument does not specify the procedural steps required to obtain Tasmanian registration, but by excluding automatic deemed registration it re-imposes the operative requirement to hold local registration under those Acts where applicable. This follows from the instrument’s stated effect in s 4 and s 6(1).

• Administrative duties on regulators. The instrument’s risk statements identify specific regulatory tasks and information needs. For example, the instrument states that, for the builder classes, "current legislative settings" make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency, resulting in financial risk to consumers (s 6(3) Items 2-5). That statement sets out the regulator’s duty-challenge profile during the period: regulators must remain able to apply Tasmanian standards and to require or obtain the information needed to evaluate fitness to practice if interstate practitioners are to be allowed to operate; the exemption is framed as a means to preserve that capacity.

• Rights of Tasmanian consumers and market participants. The instrument includes explicit statements that the listed exclusions respond to "significant risk to consumer protection" arising from differences in laws, definitions and practices, or from difficulties in assessing financial capacity (s 6(3)). Those statements operate as the declarant’s basis for denying the mutual-recognition pathway for the stated classes, thereby preserving the Tasmanian scheme of duties owed by registrants to Tasmanian consumers during the operative period.

• Temporal limitation of duties and rights. The rights removed and duties reinforced by the instrument are temporary. Section 6(4) provides for the repeal of section 6 at the end of 30 June 2023, and section 4 notes the instrument will sunset under section 50 of the Legislation Act 2003, subject to subsection 42S(6) of the Mutual Recognition Act. That means the changed rights and duties apply only for the declared window unless the declaration is revoked earlier or extended under the Commonwealth provisions that govern exemptions.

• Formal record and transparency duty. The instrument itself records the risk statements required by subsection 42S(2) of the Commonwealth Act (as reproduced in s 6(2) of the instrument). That provides a statutory record of the declared reasons. This transparency element is a formal duty on the instrument-maker to set out the grounds relied upon for the exclusion.

In sum, the instrument primarily removes a mutual-recognition right of interstate registrants in certain categories and preserves the Tasmanian licensing regime’s application to those classes for a year. The instrument does not create new licensing obligations beyond those already embedded in the relevant Tasmanian Acts, but it restores the need for compliance with those Acts for interstate practitioners who might otherwise have been automatically deemed registered.

The declaration does not itself create new penal offences or specify enforcement penalties. It is a declaratory instrument that excludes certain registrations from the automatic deemed registration mechanism; enforcement of registration requirements and penalties for unlicensed practice continue to be governed by the Tasmanian statutes referenced in the table. The instrument’s text contains no penalty provisions, sanctions, or enforcement procedures.

Practical enforcement consequences arise because the exemption re-establishes the precondition that persons engaged in the excluded activities must be appropriately registered under the relevant Tasmanian Act in order to lawfully carry on the activities in Tasmania during the period. Therefore, enforcement action, investigations, prosecutions or administrative sanctions for unlicensed practice will remain matters for the regulators enforcing the Conveyancing Act 2004, the Occupational Licensing Act 2005 and the Property Agents and Land Transactions Act 2016. The instrument names those Acts in s 6(3) as the statutory home of the registration categories it excludes.

The instrument’s risk statements draw attention to regulatory information gaps and challenges for enforcement. For example, in the case of builders, the instrument records that "current legislative settings" make it difficult for Consumer, Building and Occupational Services to obtain necessary information to assess an interstate builder’s financial position and solvency (s 6(3) Items 2-5). That is an explicit acknowledgement by the instrument-maker that enforcement and regulatory assessment are constrained by information deficiencies, and it is presented as a reason for preventing automatic registration which would otherwise bind the regulator to recognise interstate registration without that information. In other words, the instrument points to an enforcement tension: automatic mutual recognition could oblige the regulator to accept interstate registrants without full visibility of financial fitness, whereas the exemption preserves the regulator’s ability to require the local assessments that the Tasmanian Acts permit.

Because the instrument does not outline procedural steps for non-compliant conduct, compliance checks, or penalty quantum, readers must look to the relevant Tasmanian Acts for details of specific offences, administrative penalties, disqualification powers, and enforcement mechanisms. The instrument’s function is to maintain the Tasmanian regulators’ full suite of enforcement options under their statutes for the listed categories by preventing automatic cross-border deeming in the stated classes.

Finally, the instrument contains no internal enforcement mechanism for non-Tasmanian actors who misrepresent being registered by mutual recognition. Enforcement in such cases would be managed under the Tasmanian licensing Acts and any applicable provisions of the Mutual Recognition Act relating to misrepresentation or unlicensed practice, though the instrument itself does not elaborate on these points.

The declaration operates within a small statutory neighbourhood and interacts directly with several named Acts and statutory mechanisms.

• Mutual Recognition Act 1992 (Commonwealth). The instrument is expressly made under section 42S of the Mutual Recognition Act 1992 (s 3). Section 6(1) refers to paragraph 42S(1)(a) of that Act as the provision under which specific registrations are excluded from automatic deemed registration. Section 6(2) is framed for the purposes of subsection 42S(2) of the Act, requiring the instrument to set out a statement of risk for each excluded registration. Section 4 also notes the declaration is subject to subsection 42S(6) of the Mutual Recognition Act. Thus, the instrument is an application of a Commonwealth power to exempt particular registrations from the national automatic-deeming mechanism, as applied to Tasmania.

• Tasmanian licensing Acts named in the table. The instrument lists specific registration categories tied to three Tasmanian Acts: the Conveyancing Act 2004 (Licensed Conveyancer, s 6(3) Item 1), the Occupational Licensing Act 2005 (four Licensed Builder categories, s 6(3) Items 2-5), and the Property Agents and Land Transactions Act 2016 (Licensed Real Estate Agent, Licensed Property Manager, Licensed General Auctioneer and Licensed Property Representative, s 6(3) Items 6-9). The instrument does not amend those Acts. Instead, it constrains the operation of the Commonwealth automatic-deeming mechanism so that the Tasmanian licensing regimes remain the operative source of registration requirements for those fields during the declared period. In practice, that means the regulatory obligations, registration processes, grounds for refusal, and enforcement procedures in those Tasmanian Acts continue to apply without being displaced by automatic mutual recognition for the specified categories.

• Legislation Act 2003 (Commonwealth) sunset mechanism. Section 4 of the instrument records the standard sunset interplay: the instrument will sunset under section 50 of the Legislation Act 2003 of the Commonwealth, subject to subsection 42S(6) of the Mutual Recognition Act. That identifies the instrument as a disallowable, time-limited legislative instrument whose life is controlled by federal legislative-instrument rules. Additionally, the instrument’s own section 6(4) specifies repeal of the substantive section 6 at the end of 30 June 2023, reinforcing the temporary nature of the intervention.

• Administrative practice and information access. The instrument’s risk statements specifically reference "current legislative settings" that affect the ability of Consumer, Building and Occupational Services to obtain necessary information on an interstate builder’s financial position and solvency (s 6(3) Items 2-5). That indicates an interaction between the declaration and the information-access rules embedded in Tasmanian law, in the sense that the regulator’s ability to assess financial fitness is a predicate for permitting interstate practitioners. The declaration therefore preserves the regulator’s capacity to rely on the Tasmanian statutory information regime rather than be obliged to accept an interstate registration without that information.

• Territorial scope. The instrument emphasises it "has effect only in relation to Tasmania" (s 4). As a Commonwealth statutory instrument exercising a particular power for Tasmania, it interacts with both Commonwealth mutual-recognition architecture and Tasmanian licensing law. It does not purport to affect other States and Territories.

In summary, the instrument functions at the intersection of Commonwealth mutual-recognition rules and Tasmanian licensing statutes. It temporarily suspends the cross-border deeming effect of the Mutual Recognition Act so that existing Tasmanian legal regimes and administrative information requirements remain determinative for the specified classes. It does not alter the Tasmanian statutes themselves, but it alters the federal statutory background rule that would otherwise create automatic registration by deeming.

The instrument as presented contains no amendments recorded within its text beyond its own temporal operation. The commencement table in section 2 records that the whole instrument commenced on 1 July 2022. Section 2(2) contains the standard publishing note that information in column 3 is not part of the instrument and may be edited in published versions; that is a procedural publishing detail, not an amendment.

Section 6(4) provides for a built-in repeal of section 6 at the end of 30 June 2023. That provision constitutes the instrument’s programmed expiry for its substantive effect. Section 4 notes the instrument will sunset under section 50 of the Legislation Act 2003 of the Commonwealth, subject to subsection 42S(6) of the Mutual Recognition Act 1992. That indicates the instrument sits within the Commonwealth disallowable instrument regime where sunset and potential disallowance are governed by Commonwealth rules.

No further amendments, extensions, revocations, or replacement instruments are recorded in the text provided. The instrument does not include any power of automatic extension. Any alteration to the exclusions or their period would require a further exercise of the power in section 42S of the Mutual Recognition Act, or legislative amendment, and would be recorded as a separate declaration or instrument. The instrument itself is confined to the one-year declaration and the automatic repeal at the end of that period as expressly stated.

Readers should note that the instrument’s legislative history beyond what is stated here, including any subsequent revocation, re-declaration, or replacement, is not recorded in the text provided. The instrument acknowledges that its sunset will generally mean repeal on the first 1 April or 1 October falling on or after the fifth anniversary of registration on the Federal Register of Legislation (s 4), but for the substantive exclusions the instrument provides a specific repeal date (s 6(4)). No textual amendments to the list of excluded registrations are included.

The instrument contains no references to litigation, judicial consideration, or case law. It is an administrative declaration made under section 42S of the Mutual Recognition Act 1992 and is presented as a standalone statutory instrument. There are no court challenges, judgments, or legal proceedings recorded in the instrument text, and no judicial interpretations are cited.

Because the instrument is procedural in nature and limited in scope to excluding certain registration categories from automatic deemed registration for a one-year period, any litigation arising from its operation would likely engage interpretation of the Mutual Recognition Act or the named Tasmanian licensing Acts. However, the instrument itself does not mention any such disputes, nor does it include historical litigation context. The absence of litigation references in the text means that any practitioner seeking to know whether the instrument has been litigated would need to consult external judicial and tribunal records, which are not part of this instrument as provided.

For present purposes, the instrument is a self-contained declaration; its text contains the authority, the commencement date, the list of exclusions with statements of risk, and the statutory repeal date. No further legal contestation or case history is documented within the instrument.

There are a number of practical and legal traps to watch for when using, advising on, or complying with this instrument. Each follows directly from the instrument’s text.

• Limited temporal window. The substantive exclusions in section 6 expire automatically at the end of 30 June 2023 (s 6(4)). Advice that does not reference this expiry date risks giving clients stale information. The instrument commenced on 1 July 2022 (s 2) and is therefore a precisely one-year intervention unless revoked earlier or re-made. The instrument also notes the general legislative-instrument sunset mechanics under the Commonwealth Legislation Act 2003 (s 4), but practitioners must rely on the explicit repeal date in s 6(4) for the operative exclusions.

• Geographic specificity. The declaration "has effect only in relation to Tasmania" (s 4). It does not alter the operation of the Mutual Recognition Act in other States or Territories. Advisers or interstate practitioners who work across jurisdictions must therefore track differing mutual-recognition positions between Tasmania and other jurisdictions.

• Narrow scope, specific categories. Only the registrations expressly listed in s 6(3) are excluded from automatic deemed registration. It is therefore essential to check the exact statutory registration title used in the table against the practitioner’s interstate registration. For example, "Licensed Conveyancer under the Conveyancing Act 2004" is specifically listed (s 6(3) Item 1). A different or broader description of conveyancing services that does not fall within that statutory category may not be affected. Similarly, the builder exclusions are categorised as "Open", "Medium Rise", "Low Rise" and "Domestic" under the Occupational Licensing Act 2005 (s 6(3) Items 2-5). Misidentifying the precise registration class could cause incorrect compliance steps.

• Instrument does not set out registration processes. The declaration excludes automatic deemed registration, but it does not prescribe the procedural route for obtaining Tasmanian registration, nor any transitional arrangements. That means interstate practitioners must consult the relevant Tasmanian Acts and the regulators for application requirements, documentation and timing. The instrument itself provides no transitional dispensation or temporary permissions.

• Reliance on statutory statements of risk. The instrument contains statutory statements of risk for each excluded category (s 6(2) and s 6(3)). Those statements are the formal basis for the exclusion, but they are not accompanied by supporting data or a procedural statement of how the risks will be mitigated during the period. For example, the builder exclusions claim difficulty in obtaining necessary information to assess financial position and solvency under current legislative settings (s 6(3) Items 2-5). Practitioners should not assume those claims create new evidentiary burdens beyond those in existing Tasmanian law, but they do explain the instrument-maker’s rationale.

• Non-binding published annotations. Section 2(2) notes that any information in column 3 of the commencement table is not part of the instrument and may be edited in published versions. While this is a standard publishing note, a reviewer relying on ancillary published material should be careful to distinguish between the instrument text and editorial or explanatory material that may accompany it on a public register.

• No direct penalties in the instrument. The declaration does not create offences or penalties itself. That can be a gotcha for users who expect the instrument to set out enforcement. Enforcement remains a matter for the relevant Tasmanian Acts. Practitioners must consult those statutes for the practical consequences of unlicensed practice during the declared period.

• Potential for administrative friction at borders. The instrument identifies regulatory information and standards differences as the reason for the exclusions (s 6(3)). That implies practical compliance friction for interstate practitioners and Tasmanian regulators during the period, for example in obtaining financial records, verifying qualifications, and aligning differences in standards. The instrument does not provide a streamlined alternative, so business continuity planning is required.

• Subject to Commonwealth statutory limits. The instrument is made under a Commonwealth power and is "subject to subsection 42S(6) of the Mutual Recognition Act 1992" (s 4). Advisers should not assume the instrument is immune from review, disallowance, or legal challenge under Commonwealth administrative law processes; such mechanisms are outside the instrument’s text but are expressly referenced as relevant.

These gotchas flow from the instrument’s short text and limited scope. They underline the need to check statutory titles precisely, confirm dates, and coordinate with Tasmanian regulators for procedural requirements.

The instrument’s practical effect for compliance is straightforward in principle: if you or your client hold one of the listed interstate registrations and intend to operate in Tasmania in the listed categories between 1 July 2022 and 30 June 2023, do not rely on automatic mutual-recognition deemed registration for that period. The instrument excludes the operation of automatic deemed registration for those classes in Tasmania (s 6(1)), and therefore the sensible compliance steps are as follows.

1. Identify whether the activity falls within a listed registration. Check the exact statutory wording in s 6(3) against the registration title held interstate. The listed registrations are:

   • Licensed Conveyancer under the Conveyancing Act 2004 (s 6(3) Item 1).
   • Licensed Builder - General Construction - Open, Medium Rise, Low Rise, Domestic under the Occupational Licensing Act 2005 (s 6(3) Items 2-5).
   • Licensed Real Estate Agent, Licensed Property Manager, Licensed General Auctioneer, Licensed Property Representative under the Property Agents and Land Transactions Act 2016 (s 6(3) Items 6-9).

2. If the registration is listed, do not assume automatic Tasmanian registration. The instrument’s core effect is to exclude automatic deemed registration for the listed categories (s 6(1)). That means licence-holders should expect to be required to apply for registration under the relevant Tasmanian Act if they wish to operate in Tasmania during the period.

3. Contact the relevant Tasmanian regulator promptly. For builder categories, the instrument explicitly references Consumer, Building and Occupational Services in its risk statements (s 6(3) Items 2-5), so that regulator should be your primary point of contact for builder registration questions and for information on financial assessment requirements. For conveyancers and property-related licences, consult the agencies responsible for administering the Conveyancing Act 2004 and the Property Agents and Land Transactions Act 2016 respectively.

4. Prepare to meet Tasmanian statutory requirements, including financial and suitability information. The instrument records that the builder exclusions arise because of difficulty in obtaining information necessary to assess financial position and solvency under current legislative settings (s 6(3) Items 2-5). Practitioners should therefore be ready to supply financial statements, evidence of solvency, references or other material required by Tasmanian licensing law. Even though the instrument does not prescribe the required documents, its risk statements indicate that financial information will be central to registration assessment for builders.

5. Verify whether the work to be undertaken is within the Tasmanian statutory definitions. For conveyancers, the instrument identifies "differences between jurisdictions in the definition of conveyancing work, along with differences in conveyancing laws and practices" as the basis for exclusion (s 6(3) Item 1). That suggests that the precise content of the work and the Tasmanian statutory definition of conveyancing may determine whether local registration is required. Obtain legal advice if there is ambiguity about the statutory scope of conveyancing in Tasmania.

6. Do not rely on an interstate relationship to confer Tasmanian rights in the excluded categories. For property-agency roles, the instrument states that "a number of key differences in standards or requirements in Tasmania compared with other jurisdictions" create a significant risk to vendors, purchasers and parties letting or renting property (s 6(3) Items 6-9). That implies the Tasmanian licensing regime may require different standards or checks; compliance requires adherence to Tasmanian rules.

7. Observe the time limit and check for changes. The substantive exclusions terminate at the end of 30 June 2023 (s 6(4)). If you are planning business operations in Tasmania around the expiry date, confirm whether a new declaration, revocation or legislative change has been made before relying on mutual recognition after that date. The instrument also notes the possibility of earlier revocation.

8. Keep documentary records of registration status. Because the instrument does not itself create enforcement detail but reasserts the Tasmanian licensing regimes, maintain clear documentation showing whether the practitioner holds current Tasmanian registration, is in the process of applying, or is not required to be registered. This record will be the primary evidence in any regulatory enquiry.

9. Seek regulatory guidance where standards differ. Where the instrument asserts differences in standards (for conveyancers and property agents, s 6(3) Items 1 and 6-9), practitioners should seek written guidance from Tasmanian regulators about how their interstate qualifications or practices map to Tasmanian requirements, and whether any bridging or documentation is required.

10. Consider professional indemnity and insurance settings. Although the instrument does not directly address insurance, the stated policy rationale for builders and property professionals focuses on consumer protection and financial risk (s 6(3)). Practitioners should review their professional indemnity and financial protections in light of potential obligations under Tasmanian law, and confirm to insurers whether a change in jurisdictional registration affects coverage.

These steps follow directly from the instrument’s exclusions and the risk statements it contains. The instrument is short and procedural in nature, so it delegates the details of registration, assessment and enforcement to the relevant Tasmanian statutes and regulators; compliance therefore requires engagement with those regimes while observing the temporal limits stated in the instrument.