Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year—Builders) Declaration 2023
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Commonwealth Coat of Arms of Australia
Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year—Builders) Declaration 2023
I, Michael Ferguson, Treasurer (Tasmania), make the following declaration.
Dated 22 May 2023
Michael Ferguson
Treasurer (Tasmania)
Contents
1 Name
2 Commencement
3 Authority
4 Simplified outline of this instrument
5 Definitions
6 Exemptions
1 Name
This instrument is the Automatic Mutual Recognition (Tasmania) (Exemptions—Three-Year—Builders) Declaration 2023.
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
-
- The whole of this instrument 1 July 2023. 1 July 2023.
Note: This table relates only to the provisions of this instrument as originally made.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 three years from 1 July 2023 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 Tasmania.
Unless revoked earlier, this 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 of the Commonwealth. This will generally mean that this instrument will be repealed on the first 1 April or 1 October falling on or after the fifth anniversary of the registration of the instrument on the Federal Register of Legislation.
5 Definitions
In this instrument:
Act means the Mutual Recognition Act 1992 of the Commonwealth.
6 Exemptions
(1) For the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in subsection (3) of this section is excluded from the operation of automatic deemed registration in Tasmania.
(2) For the purposes of subsection 42S(2) of the Act, column 2 of the table in subsection (3) of this section sets 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 in column 1.
(3) The table is as follows:
- Exemptions for the purposes of paragraph 42S(1)(a)
- Item Column 1Registration Column 2Statement of risk
- 1 Licensed Builder - General Construction - Open under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which 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.
- 2 Licensed Builder - General Construction - Medium Rise under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which 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.
- 3 Licensed Builder - General Construction - Low Rise under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which 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.
- 4 Licensed Builder - General Construction - Domestic under the Occupational Licensing Act 2005 There is a significant risk to consumer protection. This risk arises as a result of the current legislative settings, which 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.
(4) This section is repealed at the end of 30 June 2026.