42SExempting registrations because of significant risk to consumer protection etc.

#### 42S Exempting registrations because of significant risk to consumer protection etc. (1) A Minister of a State (the declaration State) may declare, by legislative instrument, that: (a) a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration; or (b) a specified registration, whether for an occupation or for an activity covered by an occupation, in the declaration State is excluded from the operation of automatic deemed registration on the basis of a specified registration in one or more other specified States; if the Minister is satisfied that the declaration is necessary because of a significant risk, arising from circumstances or conditions in the declaration State, to: (c) consumer protection; or (d) the environment; or (e) animal welfare; or (f) the health or safety of workers or the public. > Note: The declaration is not subject to disallowance under the Legislation Act 2003 (see subsection 44(1) of that Act). (2) The declaration must include a statement explaining the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public. (3) The declaration has effect only in relation to the declaration State. (4) The local registration authority in the declaration State for the occupation concerned is to give effect to the declaration. (5) Despite subsection 54(1) of the Legislation Act 2003, Part 4 of Chapter 3 (sunsetting) of that Act applies to a declaration under subsection (1) of this section. (6) That Act applies, in relation to a declaration under subsection (1), as if the reference to tenth anniversary in subsection 50(1) of that Act were a reference to fifth anniversary. > Note: The effect of subsection (6) is that the declaration sunsets under the Legislation Act 2003 after 5 years (instead of 10 years). Declaration not to give preference (7) A declaration under subsection (1) is invalid to the extent that it gives preference (within the meaning of section 99 of the Commonwealth Constitution) to one State or part of a State over another State or part of a State.