What it does
This declaration, titled the Automatic Mutual Recognition (Tasmania) (Exemptions,Three-Year) Declaration 2022, is a Tasmanian Treasurer’s instrument made under section 42S of the Commonwealth Mutual Recognition Act 1992 (the Act) and signed on 15 June 2022 (see "Authority" and instrument heading). It commences on 1 July 2022 and takes effect only in relation to Tasmania (see sections 2 and 4). Mechanically, the instrument excludes specified Tasmanian registrations from the operation of the automatic deemed registration provisions of the Mutual Recognition Act 1992, by declaring those registrations are not subject to automatic deemed registration in Tasmania (see s 6(1) and the simplified outline in s 4). The instrument lists the specific registrations that are excluded and, for each, records a Tasmanian statement of perceived risk that justifies the exemption (see s 6(2) and the table in s 6(3)).
The instrument is time-limited. Section 6(4) expressly provides that the section containing the exemptions is repealed at the end of 30 June 2025. The simplified outline also records that the instrument will generally be subject to statutory sunset under the Commonwealth Legislation Act 2003 and subsection 42S(6) of the Mutual Recognition Act 1992 (s 4). The instrument therefore operates from 1 July 2022 until it is repealed on 30 June 2025 unless revoked earlier (s 6(4) and s 4).
At a practical level the instrument changes the default regulatory interaction between interstate registration and Tasmanian registration for named occupations or registration types. Where automatic deemed registration would otherwise convert a person’s interstate registration into a Tasmanian registration by operation of the Mutual Recognition Act, this declaration prevents that conversion for the occupations listed in the table at s 6(3). The instrument does not create new regulatory powers, offences, or licence requirements; it operates by excluding those registration types from the AMR deeming mechanism so that Tasmanian registration rules continue to apply (s 6(1), s 6(3) table). The instrument names four items: teachers under the Teachers Registration Act 2000, Security-sensitive Dangerous Substances permits under the Security-sensitive Dangerous Substances Act 2005, Responsible Worker Status under the same Act, and High Risk Work Licence Assessors under the Work Health and Safety Regulations 2012 (s 6(3) table).