Mutual Recognition (Australian Capital Territory) Act 1992

This Act implements the mutual recognition framework for the Australian Capital Territory by adopting (and requesting the Commonwealth to enact) the Mutual Recognition Act model set out in Schedule 1. It establishes a two-track mutual recognition regime: one track for goods (Part 2 of Schedule 1, reproduced in the Act at sections 8-15) and one track for occupations (Part 3 of Schedule 1, reproduced at sections 16-42). The Act operates by treating goods lawfully produced in or imported into one participating jurisdiction (the first State) as lawfully saleable in another participating jurisdiction (the second State), and by treating registration for an occupation in one participating jurisdiction as creating an entitlement to registration and interim authorisation to practise in another (subject to the Act’s limits and procedures) (see s 9 for goods and s 17 for occupations).

Mechanically, for goods the Act:

Declares the mutual recognition principle that goods lawful in their place of production or import can be sold in another participating jurisdiction without complying with additional specified requirements of the second State (s 9; s 10 lists the types of requirements that do not need to be complied with).
Preserves a set of exceptions where the second State may continue to apply its laws, notably: laws regulating the manner of sale or the conduct of sellers (s 11(2)), laws about transportation/storage/handling directed at health, safety or environmental protection (s 11(3)), inspection laws in limited circumstances (s 11(4)), permanent exemptions (schedule 1 and schedule 2, s 14), and temporary exemptions limited to 12 months in aggregate (s 15).
Provides an evidentiary defence to prosecutions under the second State’s laws if the seller uses a point-of-sale label and can show reasonable belief in the goods’ provenance (s 12).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Mutual Recognition (Australian Capital Territory) Act 1992 A1992-66 Republication No 3 Effective: 24 August 2022 Republication date: 24 August 2022 Last amendment made by A2022-14

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Mutual Recognition (Australian Capital Territory) Act 1992 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 August 2022. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 August 2022. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Mutual Recognition (Australian Capital Territory) Act 1992 Contents Page 1 Name of Act 2 2 Dictionary 2 2A Notes 2 3 Expiry of Act 2 4 Meaning of Commonwealth Act 3 5 Request for Commonwealth legislation 3 6 Approval of amendments 4 7 Regulations for temporary exemptions for goods 4

Contents Page contents 2 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 5 Part 1 Preliminary 1 Short title 5 2 Commencement 5 3 Principal purpose 6 4 Interpretation 6 5 Application of this Act to States 8 6 Operation of this Act 8 7 Crown bound 8 Part 2 Goods 8 Mutual recognition 9 9 Entitlement to sell goods 9 10 Requirements that do not need to be complied with 9 11 Requirements that do need to be complied with 10 12 Defences to offences regarding sale 11 13 Goods that comply with local law 12 14 Permanent exemptions 12 15 Temporary exemptions 13 Part 3 Occupations Division 1 Preliminary 16 Mutual recognition 14 17 Entitlement to carry on occupation 14 18 Application of this part 15 Division 2 Entitlement to registration 19 Notification to local registration authority 15 20 Entitlement to registration and continued registration 17 21 Action following notice 17 22 Postponement of registration 18 23 Refusal of registration 19 24 Notification of decision 19

Contents Page R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 3 Interim arrangements 25 Deemed registration 19 26 Duration of deemed registration 20 27 Activities under deemed registration 20 Division 4 Equivalent occupations 28 Equivalent occupations 22 29 General principle 22 30 Declarations as to equivalent occupations 22 31 Declarations by Tribunal 22 32 Declarations by Ministers 24 Division 5 General provisions 33 Disciplinary action 24 34 Review of decisions 25 35 Costs 25 36 Residence or domicile 25 37 Furnishing information 26 38 Receiving information 26 39 General responsibilities of local registration authorities 26 40 Fees 27 41 Formalities requiring personal attendance 27 42 Saving 28 Part 4 General 43 References to participating jurisdictions 29 44 Application of mutual recognition principle 29 45 Machinery provisions regarding limitations etc 29 46 Determining place of production 30 47 Amendment of schedules 30

Contents Page contents 4 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary 35 Endnotes 1 About the endnotes 36 2 Abbreviation key 36 3 Legislation history 37 4 Amendment history 38 5 Earlier republications 39

R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Mutual Recognition (Australian Capital Territory) Act 1992 An Act relating to the recognition of regulatory standards adopted in Australia regarding goods and occupations

Section 1 page 2 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of Act This Act is the Mutual Recognition (Australian Capital Territory) Act 1992. 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘Commonwealth Act—see section 4.’ means that the term ‘Commonwealth Act’ is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 2A Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. 3 Expiry of Act (1) The Chief Minister may, in writing, fix a day when this Act expires. (2) If the Chief Minister fixes a day under subsection (1), this Act expires on that day. (3) An instrument under subsection (1) is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act.

Section 4 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Meaning of Commonwealth Act Commonwealth Act means the Act of the Parliament of the Commonwealth, enacted as referred to in section 5 (1), and as amended and in force from time to time. 5 Request for Commonwealth legislation (1) The Legislative Assembly requests the enactment by the Parliament of the Commonwealth of an Act in, or substantially in, the terms set out in schedule 1 and, subject to subsection (2), the continuation in force of the Act when so enacted. (2) The Legislative Assembly requests the Parliament of the Commonwealth to amend the Commonwealth Act (other than the schedules) but only in terms which are approved by the designated person for each of the then participating jurisdictions. (3) For this section, a participating jurisdiction is— (a) a State for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth, to the extent to which they are not otherwise included in the legislative powers of the Parliament of the Commonwealth, matters to which the schedule relates, or that adopts the Commonwealth Act, under the Commonwealth Constitution, section 51 (xxxvii); or (b) the Territory or the Northern Territory (while there is in force an Act of the Legislative Assembly of the Northern Territory that requests the Parliament of the Commonwealth to enact the Commonwealth Act or that enables the Commonwealth Act to apply in relation to the Northern Territory). (4) For this section, the designated person for the Territory is the Chief Minister, for a State is the Governor and for the Northern Territory is the Administrator.

Section 6 page 4 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Approval of amendments (1) For section 5 (2), the Chief Minister may, in writing, approve the terms of amendments of the Commonwealth Act. (2) An approval is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. 7 Regulations for temporary exemptions for goods Without limiting any other power to make regulations under any other Act, the Executive may make regulations for the purposes mentioned in the Commonwealth Act, section 15.

Mutual Recognition Bill 1992 Schedule 1 Preliminary Part 1 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 (see s 5 (1)) Mutual Recognition Bill 1992 A Bill for An Act relating to the recognition of regulatory standards adopted in Australia regarding goods and occupations The Parliament of Australia enacts: Part 1 Preliminary 1 Short title This Act may be cited as the Mutual Recognition Act 1992. 2 Commencement The provisions of this Act commence on a day or days to be fixed by Proclamation.

Schedule 1 Mutual Recognition Bill 1992 Part 1 Preliminary Clause 3 page 6 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Principal purpose The principal purpose of this Act is to enact legislation authorised by the Parliaments of States under paragraph (xxxvii) of section 51 of the Commonwealth Constitution, and requested by the legislatures of the Australian Capital Territory and the Northern Territory, for the purpose of promoting the goal of freedom of movement of goods and service providers in a national market in Australia. 4 Interpretation (1) In this Act unless the contrary intention appears: conditions, when used in relation to occupations, means conditions, limitations or restrictions. deemed registration means deemed registration as defined in section 25. equivalent, when used in relation to occupations, has a meaning affected by Division 4 of Part 3. goods means goods of any kind, and includes: (a) animals; or (b) a package containing goods; or (c) a label attached to goods. grant, when used in relation to registration, means grant, issue or otherwise confer registration. import means import from outside Australia. labelling of goods includes any means by which, at the point of sale, information is attached to goods or is displayed in relation to goods without being attached to them.

Mutual Recognition Bill 1992 Schedule 1 Preliminary Part 1 Clause 4 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au local registration authority of a State for an occupation means the person or authority in the State having the function conferred by legislation of registering persons in connection with their carrying on of that occupation in the State. occupation means an occupation, trade, profession or calling of any kind that may be carried on only by registered persons, where registration is wholly or partly dependent on the attainment or possession of some qualification (for example, training, education, examination, experience, character or being fit or proper), and includes a specialisation in any of the above in which registration may be granted. participating jurisdiction has the meaning given by section 43. produce includes to manufacture, and also includes to harvest or otherwise produce in the course of any form of primary production. registration includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for the carrying on of an occupation. requirements, when used in relation to goods, means requirements, prohibitions, restrictions or conditions. sell includes sell by wholesale or retail, and includes distribute for sale, expose or offer for sale or have in possession for sale or agree to sell, and includes barter, and includes supply by way of exchange, lease, hire or hire-purchase. State includes the Australian Capital Territory or the Northern Territory. substantive registration means registration under a law of a State, but does not include deemed registration. Tribunal means the Administrative Appeals Tribunal.

Schedule 1 Mutual Recognition Bill 1992 Part 1 Preliminary Clause 5 page 8 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) This Act is to be interpreted in accordance with the Acts Interpretation Act 1901 as in force at the date on which this Act receives the Royal Assent. Note Under amendments made to the Commonwealth Act on 1 July 2021, certain individuals who are authorised to carry on an activity covered by an occupation in a State or the Northern Territory are automatically deemed to be authorised to carry on the activity in another State or Territory (see Commonwealth Act, pt 3A). 5 Application of this Act to States (1) This Act applies to a State, but only while it is a participating jurisdiction. (2) Accordingly, a reference in this Act to a State is a reference to a State that is a participating jurisdiction. 6 Operation of this Act (1) Nothing in this Act affects the operation of any other law of the Commonwealth. (2) This Act does not limit the operation of a law of a State so far as it can operate concurrently with this Act. 7 Crown bound Subject to section 5, this Act binds the Crown in right of the Commonwealth and of each of the States.

Mutual Recognition Bill 1992 Schedule 1 Goods Part 2 Clause 8 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Goods 8 Mutual recognition (1) The mutual recognition principle as applying to goods is as set out in this part. (2) This part deals with goods produced in or imported into a State and their sale in another State. (3) In this part, the firstmentioned State is called the first State, and the other State is called the second State. 9 Entitlement to sell goods The mutual recognition principle is that, subject to this part, goods produced in or imported into the first State, that may lawfully be sold in that State either generally or in particular circumstances, may, by virtue of this Act, be sold in the second State either generally or in particular circumstances (as the case may be), without the necessity for compliance with further requirements as described in section 10. 10 Requirements that do not need to be complied with The further requirements referred to in section 9 are any one or more of the following requirements relating to sale that are imposed by or under the law of the second State: (a) a requirement that the goods satisfy standards of the second State relating to the goods themselves, including for example requirements relating to their production, composition, quality or performance; (b) a requirement that the goods satisfy standards of the second State relating to the way the goods are presented, including for example requirements relating to their packaging, labelling, date stamping or age;

Schedule 1 Mutual Recognition Bill 1992 Part 2 Goods Clause 11 page 10 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) a requirement that the goods be inspected, passed or similarly dealt with in or for the purposes of the second State; (d) a requirement that any step in the production of the goods not occur outside the second State; (e) any other requirement relating to sale that would prevent or restrict, or would have the effect of preventing or restricting, the sale of the goods in the second State. 11 Requirements that do need to be complied with (1) The mutual recognition principle is subject to the exceptions specified in this section. (2) The first exception is that the principle does not affect the operation of any laws of the second State that regulate the manner of the sale of goods in the second State or the manner in which sellers conduct or are required to conduct their business in the second State (including laws set out in the examples below), so long as those laws apply equally to goods produced in or imported into the second State. Examples Laws relating to the following: (a) the contractual aspects of the sale of goods; (b) the registration of sellers or other persons carrying on occupations; (c) the requirement for business franchise licences; (d) the persons to whom goods may or may not be sold; (e) the circumstances in which goods may or may not be sold. (3) The second exception is that the principle does not affect the operation of any laws of the second State regarding the transportation, storage or handling of goods within the State, so long as— (a) those laws apply equally to goods produced in or imported into the second State; and

Mutual Recognition Bill 1992 Schedule 1 Goods Part 2 Clause 12 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) those laws are directed at matters affecting health and safety of persons in the second State or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the second State. (4) The third exception is that the principle does not affect the operation of any laws of the second State regarding the inspection of goods within the State, so long as— (a) inspection or the requirement for inspection is not a prerequisite to the sale of the goods in the second State; and (b) those laws apply equally to goods produced in or imported into the second State; and (c) those laws are directed at matters affecting the health and safety of persons in the second State or at preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the second State. 12 Defences to offences regarding sale (1) It is a defence to a prosecution for an offence against a law of the second State in relation to the sale of any goods if the defendant expressly claims that the mutual recognition principle applies and establishes that— (a) the goods were labelled at the point of sale with a statement to the effect that the goods were produced in or imported into the first State; and (b) the defendant had no reasonable grounds for suspecting that they were not so produced or imported. (2) The defence is not available if the prosecution proves that the mutual recognition principle did not apply in the circumstances of the alleged offence (because for example the goods did not comply with requirements imposed by the law of the first State).

Schedule 1 Mutual Recognition Bill 1992 Part 2 Goods Clause 13 page 12 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Any relevant presumptions or evidentiary procedures under the law of the first State are available to the prosecution or defendant in relation to matters sought to be proved by the prosecution under subsection (2). (4) Any relevant defences under the law of the first State are available to the defendant in relation to matters sought to be proved by the prosecution under subsection (2). (5) This section does not affect any defence that is available apart from this section. 13 Goods that comply with local law (1) Nothing in this part prevents goods from being sold in the second State if (apart from this Act) they comply with the relevant requirements imposed by or under the law of the second State. (2) Nothing in this part requires the labelling of goods as mentioned in section 12 if (apart from this Act) they comply with the relevant requirements imposed by or under the law of the second State. 14 Permanent exemptions (1) This part does not apply to goods that are specified in schedule 1. (2) This part does not affect the operation of laws described in schedule 2. (3) Unless otherwise stated in schedule 2, a law described in that schedule includes any amendment or replacement of that law, but only to the extent that the amendment or replacement deals with the same subject matter.

Mutual Recognition Bill 1992 Schedule 1 Goods Part 2 Clause 15 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Temporary exemptions (1) This part does not apply to the sale in the second State of goods, or affect laws of the second State, for the time being declared by or under an Act or regulation of the State to be goods or laws to which this section applies. (2) Any such exemptions have effect only if they are substantially for the purpose of protecting the health and safety of persons in the State or preventing, minimising or regulating environmental pollution (including air, water, noise or soil pollution) in the State. (3) No such exemption operates (together with the period of any previous exemption) for longer than a period of 12 months or an aggregate period of 12 months.

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 1 Preliminary Clause 16 page 14 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Occupations Division 1 Preliminary 16 Mutual recognition (1) The mutual recognition principle as applying to occupations is as set out in this part. (2) This part deals with the ability of a person who is registered in connection with an occupation in a State to carry on an equivalent occupation in another State. (3) In this part, the firstmentioned State is called the first State, and the other State is called the second State. 17 Entitlement to carry on occupation (1) The mutual recognition principle is that, subject to this part, a person who is registered in the first State for an occupation is, by this Act, entitled after notifying the local registration authority of the second State for the equivalent occupation— (a) to be registered in the second State for the equivalent occupation; and (b) pending such registration, to carry on the equivalent occupation in the second State. (2) However, the mutual recognition principle is subject to the exception that it does not affect the operation of laws that regulate the manner of carrying on an occupation in the second State, so long as those laws— (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 Entitlement to registration Division 2 Clause 18 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation. 18 Application of this part (1) This part applies to individuals and occupations carried on by them. (2) This part extends to an occupation carried on by an individual, where the individual is subject to more than one system of registration or more than one local registration authority in a State, and accordingly this part applies in relation to each such system of registration and each such authority. (3) Without limiting subsection (2), an example of such an occupation is that of a legal practitioner, which involves both the admission as a legal practitioner by a court and the issue of a practising certificate by another body. Division 2 Entitlement to registration 19 Notification to local registration authority (1) A person who is registered in the first State for an occupation may lodge a written notice with the local registration authority of the second State for the equivalent occupation, seeking registration for the equivalent occupation in accordance with the mutual recognition principle. (2) The notice must— (a) state that the person is registered for the occupation in the first State and specify that State; and (b) state the occupation for which registration is sought and that it is being sought in accordance with the mutual recognition principle; and

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 2 Entitlement to registration Clause 19 page 16 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) specify all the States in which the person has substantive registration for equivalent occupations; and (d) state that the person is not the subject of disciplinary proceedings in any State (including any preliminary investigations or action that might lead to disciplinary proceedings) in relation to those occupations; and (e) state that the person’s registration in any State is not cancelled or currently suspended as a result of disciplinary action; and (f) state that the person is not otherwise personally prohibited from carrying on any such occupation in any State, and is not subject to any special conditions in carrying on that occupation, as a result of criminal, civil or disciplinary proceedings in any State; and (g) specify any special conditions to which the person is subject in carrying on any such occupation in any State; and (h) give consent to the making of inquiries of, and the exchange of information with, the authorities of any State regarding the person’s activities in the relevant occupation or occupations or otherwise regarding matters relevant to the notice. (3) The notice must be accompanied by a document that is either the original or a copy of the instrument evidencing the person’s existing registration (or, if there is no such instrument, by sufficient information to identify the person and the person’s registration). (4) As regards the instrument evidencing the person’s existing registration, the person must certify in the notice that the accompanying document is the original or a complete and accurate copy of the original. (5) The statements and other information in the notice must be verified by statutory declaration. (6) The local registration authority may permit the notice to be amended after it is lodged.

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 Entitlement to registration Division 2 Clause 20 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 20 Entitlement to registration and continued registration (1) A person who lodges a notice under section 19 with a local registration authority of the second State is entitled to be registered in the equivalent occupation, as if the law of the second State that deals with registration expressly provided that registration in the first State is a sufficient ground of entitlement to registration. (2) The local registration authority may grant registration on that ground and may grant renewals of such registration. (3) Once a person is registered on that ground, the entitlement to registration continues, whether or not registration (including any renewal of registration) ceases in the first State. (4) Continuance of registration is otherwise subject to the laws of the second State, to the extent to which those laws— (a) apply equally to all persons carrying on or seeking to carry on the occupation under the law of the second State; and (b) are not based on the attainment or possession of some qualification or experience relating to fitness to carry on the occupation. (5) The local registration authority may impose conditions on registration, but may not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this part, unless they are conditions that apply to the person’s registration in the first State or that are necessary to achieve equivalence of occupations. (6) This section has effect subject to this part. 21 Action following notice (1) Registration must be granted within one month after the notice is lodged with the local registration authority under section 19.

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 2 Entitlement to registration Clause 22 Postponement of registration page 18 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) When granted, registration takes effect as from the date the notice was lodged. (3) However, the local registration authority may, subject to this part and within one month after the notice was lodged, postpone or refuse the grant of registration. (4) If the local registration authority neither grants the registration nor takes action under subsection (3) within the period of one month after the notice is lodged, the person is entitled to registration immediately at the end of that period and no objection may be taken to the notice on any of the grounds on which refusal or postponement may be effected, except where fraud is involved. 22 Postponement of registration (1) A local registration authority may postpone the grant of registration, if— (a) any of the statements or information in the notice as required by section 19 are materially false or misleading; or (b) any document or information as required by section 19 (3) has not been provided or is materially false or misleading; or (c) the circumstances of the person lodging the notice have materially changed since the date of the notice or the date it was lodged; or (d) the authority decides that the occupation in which registration is sought is not an equivalent occupation. (2) If the grant of registration has been postponed, the local registration authority may in due course grant or refuse the registration. (3) The local registration authority may not postpone the grant of registration for longer than a period of 6 months, and the person is entitled to registration immediately, at the end of that period, unless registration was refused at or before the end of that period.

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 Interim arrangements Division 3 Clause 23 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) Nothing in subsection (3) prevents earlier registration from being granted on a review by the Tribunal. 23 Refusal of registration (1) A local registration authority may refuse the grant of registration, if— (a) any of the statements or information in the notice as required by section 19 are materially false or misleading; or (b) any document or information as required by section 19 (3) has not been provided or is materially false or misleading; or (c) the authority decides that the occupation in which registration is sought is not an equivalent occupation and equivalence cannot be achieved by the imposition of conditions. (2) A decision to refuse to grant registration on the ground that the occupation in which registration is sought is not an equivalent occupation takes effect at the end of a specified period (not less than 2 weeks) after the person is notified of the decision, unless it has been previously revoked or there is an application for review to the Tribunal, in which case the Tribunal may make whatever orders it considers appropriate. 24 Notification of decision A local registration authority must give the person who lodges a notice in accordance with section 19 a notice in writing of its decision to grant registration, or to postpone or refuse the grant of registration, or to impose conditions on registration. Division 3 Interim arrangements 25 Deemed registration (1) A person who lodges a notice under section 19 with a local registration authority of a State is, pending the grant or refusal of registration, taken to be registered as provided in section 20.

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 3 Interim arrangements Clause 26 Duration of deemed registration page 20 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Such registration is called deemed registration in this Act. (3) Deemed registration in one State does not of itself provide a basis for registration in another State. 26 Duration of deemed registration (1) A person’s deemed registration in the second State continues until it is cancelled or suspended or otherwise ceases in accordance with this part. (2) A person’s deemed registration in the second State ceases if the person becomes substantively registered in the State in connection with the occupation concerned. (3) A person’s deemed registration in the second State ceases if the local registration authority of the State refuses to grant registration, subject to any determination of the Tribunal. (4) A person’s deemed registration in the second State ceases if the person ceases to be substantively registered in every other State mentioned in the notice as required by section 19 (2) (c). (5) A local registration authority of the second State may cancel a person’s deemed registration in the second State if the person requests cancellation. (6) Deemed registration is not affected by postponement of the grant of substantive registration. 27 Activities under deemed registration (1) A person who has deemed registration in the second State may carry on the occupation in the second State as if the deemed registration were substantive registration in the second State. (2) However, the person may do so only— (a) within the limits conferred by the person’s substantive registration in the first State; and

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 Interim arrangements Division 3 Clause (1) A person who has deemed registration in the second State may carry on the occupation in the second State as if the deemed registration were substantive registration in the second State. R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) within the limits conferred by the person’s deemed registration in the second State; and (c) subject to any conditions or undertakings applying to the person’s registration in the first State, unless waived by the local registration authority of the second State under this section; and (d) subject to any conditions applying to the person’s deemed registration. (3) Without limiting anything in this division— (a) the person may not carry on the occupation in the second State without complying with any requirements regarding insurance, fidelity funds, trust accounts and the like that are designed to protect the public, clients, customers or others; and (b) a person who has deemed registration in an occupation in the second State is subject to any disciplinary provisions and arrangements that are applicable to persons who are substantively registered in that State; and (c) references in the law of the second State to persons registered in an occupation under the law of that State (however expressed) extend to persons who have deemed registration for the occupation under this Act. (4) However, the local registration authority of the second State may waive any condition imposed under the law of the first State, or any undertaking given to the local registration authority of the first State, if it thinks it appropriate in the circumstances. (5) The local registration authority of the second State may impose conditions as if deemed registration were substantive registration, but it must not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this part, unless they correspond to conditions or undertakings

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 4 Equivalent occupations Clause 28 page 22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au that apply to the person’s registration in the first State or that are necessary to achieve equivalence of occupations. Division 4 Equivalent occupations 28 Equivalent occupations The equivalence of occupations carried on in different States is to be determined in accordance with this part. 29 General principle (1) An occupation for which persons may be registered in the first State is taken to be equivalent to an occupation for which persons may be registered in the second State if the activities authorised to be carried out under each registration are substantially the same (whether or not this result is achieved by means of the imposition of conditions). (2) Conditions may be imposed on registration under this part so as to achieve equivalence between occupations in different States. (3) This section has effect subject to any relevant declarations in force under this division. 30 Declarations as to equivalent occupations (1) This part is to be given effect in accordance with relevant declarations (if any) made under this division regarding equivalent occupations. (2) If a declaration made by the Tribunal and a declaration made by Ministers are inconsistent, the ministerial declaration prevails. (3) A declaration under this part does not affect the registration of any person already registered (except in the case of a declaration made by the Tribunal in relation to that person specifically). 31 Declarations by Tribunal (1) On a review, the Tribunal may make an order that a person who is registered in a particular occupation in a particular State is or is not

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 Equivalent occupations Division 4 Clause entitled to registration in another State in a particular occupation, and may specify or describe conditions that will achieve equivalence. R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au entitled to registration in another State in a particular occupation, and may specify or describe conditions that will achieve equivalence. (2) On such a review, the Tribunal may make a declaration that occupations carried on in two States are not equivalent, but only if the Tribunal is satisfied that— (a) the activities involved in the occupations are not substantially the same (even with the imposition of conditions); or (b) registration in one State should not entitle registered persons to carry on a particular activity or class of activity in the other State, where— (i) the activity or class of activity is a material part of the practice of a person registered in the first State for the occupation; and (ii) the activity or class of activity, if carried out by a person not conforming to the appropriate standards, could reasonably be expected to expose persons in the other State to a real threat to their health or safety or could reasonably be expected to cause significant environmental pollution (including air, water, noise or soil pollution); and (iii) it is not practicable to protect the health or safety of such persons from that threat or the environment from such pollution by regulating the manner in which services in the occupation are provided. (3) The Registrar or other proper officer of the Tribunal must cause a notice setting out the terms of a declaration under this section to be promptly published in the Gazette. (4) A declaration made on the basis of paragraph (2) (b) has effect for no longer than 12 months, and the local registration authority must promptly notify appropriate authorities in each other State and the Commonwealth of the declaration.

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 5 General provisions Clause 32 page 24 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (5) The local registration authority is to give effect to the decision on the review, and must thereafter act in conformity with the decision in relation to other persons seeking registration. 32 Declarations by Ministers (1) A Minister from each of two or more States may jointly declare, by notice in the Gazette, that specified occupations are equivalent, and may specify or describe conditions that will achieve equivalence. (2) The declaration may be amended or rescinded in the same way. (3) The declaration has effect only in relation to the States concerned. (4) The appropriate local registration authority is to give effect to the declaration. Division 5 General provisions 33 Disciplinary action (1) If a person’s registration in an occupation in a State— (a) is cancelled or suspended; or (b) is subject to a condition; on disciplinary grounds, or as a result of or in anticipation of criminal, civil or disciplinary proceedings, then the person’s registration in the equivalent occupation in another State is affected in the same way. (2) However, the local registration authority of the other State may reinstate any cancelled or suspended registration or waive any such condition if it thinks it appropriate in the circumstances. (3) This section extends to registration effected apart from this Act. (4) This section has effect despite any other provisions of this part.

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 General provisions Division 5 Clause 34 Review of decisions R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 34 Review of decisions (1) Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Tribunal for review of a decision of a local registration authority in relation to its functions under this Act. (2) In subsection (1): decision has the same meaning as in the Administrative Appeals Tribunal Act 1975. (3) If a local registration authority gives a person written notice of the making of a decision referred to in subsection (1), the notice must include a statement to the effect that— (a) subject to the Administrative Appeals Tribunal Act 1975, application for review of the decision may be made to the Tribunal by a person whose interests are affected by the decision; and (b) except where subsection 28 (4) of that Act applies, application may be made in accordance with section 28 of that Act by or on behalf of that person for a statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision. (4) Any failure to comply with a requirement of subsection (3) does not affect the validity of the decision. 35 Costs The Tribunal may order a party in proceedings before it to pay costs if the party has acted unreasonably. 36 Residence or domicile Residence or domicile in a particular State is not to be a prerequisite for or a factor in entitlement to the grant, renewal or continuation of registration arising under this part.

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 5 General provisions Clause 37 Furnishing information page 26 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Furnishing information (1) A local registration authority of a State must furnish without delay any information reasonably required by a local registration authority of another State about a person substantively registered under a law of the firstmentioned State. (2) The obligation imposed under this section does not apply unless the authority of the other State notifies the authority of the firstmentioned State that the information is required in connection with— (a) a notice lodged by a person seeking registration; or (b) a person’s deemed registration; or (c) actual or possible disciplinary action against the person. (3) The authority of the firstmentioned State is empowered to provide the information, despite any law relating to secrecy or confidentiality. (4) Nothing in this section affects any obligation or power to provide information apart from this section. 38 Receiving information If a local registration authority receives information under section 37, the information is subject to any law relating to secrecy or confidentiality that would apply if the information were provided under the law of the State under which the authority is constituted or exercises its functions. 39 General responsibilities of local registration authorities (1) It is the duty of each local registration authority to facilitate the operation of this part in relation to the occupations for which the authority is responsible, and in particular to make use of the power to impose conditions in such a way as to promote the mutual recognition principle.

Mutual Recognition Bill 1992 Schedule 1 Occupations Part 3 General provisions Division 5 Clause 40 Fees R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) It is the duty of each local registration authority to prepare and make available guidelines and information regarding the operation of this part in relation to the occupations for which the authority is responsible. (3) The first such guidelines and information are to be available within 6 months after the commencement of this section. 40 Fees (1) A local registration authority has power to impose fees in relation to substantive or deemed registration or the continuance of registration arising under this part, but any such fees may not be greater than are applicable for registration apart from this part. (2) Nothing in this section prevents the fixing or prescribing of fees referred to in this section under any other law of a State, but the fees may not be greater than can be imposed under this section. (3) The local registration authority may impose a condition on substantive or deemed registration arising under this part to the effect that a person may not carry out activities under registration unless a fee or other payment has been paid, but such a condition may not be imposed unless it corresponds to a requirement attaching to registration apart from this part. (4) This section does not authorise the imposition of a tax. 41 Formalities requiring personal attendance (1) Neither substantive or deemed registration, nor entitlement to registration, under this part requires compliance with any statutory or other formalities requiring personal attendance in the second State. (2) This section applies to formalities that would otherwise have to be complied with before, at or after registration.

Schedule 1 Mutual Recognition Bill 1992 Part 3 Occupations Division 5 General provisions Clause 42 page 28 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 42 Saving Nothing in this part prevents a person from seeking registration or being registered for an occupation under a law apart from this part.

Mutual Recognition Bill 1992 Schedule 1 General Part 4 Clause 43 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 General 43 References to participating jurisdictions For the purposes of this Act, a participating jurisdiction is— (a) a State (other than a Territory) for which there is in force an Act of its Parliament that refers to the Parliament of the Commonwealth the power to enact this Act, or that adopts this Act, under paragraph (xxxvii) of section 51 of the Commonwealth Constitution; or (b) a Territory (being the Australian Capital Territory or the Northern Territory) for which there is in force an Act of its legislature that requests the Parliament of the Commonwealth to enact this Act or that enables this Act to apply in relation to it. 44 Application of mutual recognition principle (1) The mutual recognition principle and the provisions of this Act may be taken into consideration in proceedings of any kind and for any purpose. (2) Nothing in this Act prevents a person from relying on the mutual recognition principle in relation to more than two States. 45 Machinery provisions regarding limitations etc In cases where part 3 provides that conditions or undertakings that apply or are relevant to registration in the first State also apply or are relevant to registration in the second State, they are to be construed with any necessary adaptations, including the following (where appropriate and so far as practicable): (a) references to the first State are to be read as references to the second State;

Schedule 1 Mutual Recognition Bill 1992 Part 4 General Clause 46 page 30 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) references to officers or authorities of the first State are to be read as references to the corresponding officers or authorities of the second State. 46 Determining place of production (1) For the purpose of determining where goods are produced for the purposes of this Act, goods are taken to be produced in the State where the most recent step has occurred in the process of producing the goods (including for example processing, harvesting or packaging the goods). (2) Subsection (1) applies even though— (a) the process of production may be incomplete; or (b) some steps in the process have not yet been carried out; or (c) some steps in the process were carried out elsewhere, whether in another State or outside Australia; or (d) the goods or a component of the goods were imported. 47 Amendment of schedules (1) The Governor-General may make regulations amending the schedules. (2) No such regulation may be made unless the designated person for each of the then participating jurisdictions has published a notice in the official gazette of the jurisdiction setting out the terms of the proposed regulation and requesting that it be made. (3) For the purposes of this section, the designated person for a State is the Governor, for the Australian Capital Territory is the Chief Minister and for the Northern Territory is the Administrator.

Mutual Recognition Bill 1992 Schedule 1 Permanent exemptions: goods Schedule 1 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Permanent exemptions: goods (see s 14 and s 47) 1 Firearms and other prohibited or offensive weapons 2 Fireworks 3 Gaming machines 4 Pornographic material

Schedule 1 Mutual Recognition Bill 1992 Schedule 2 Permanent exemptions: laws relating to goods page 32 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Permanent exemptions: laws relating to goods (see s 14 and s 47) 1 A law of a State relating to quarantine, to the extent that— (a) the law (or a direction or instrument given or made under the law or some other action taken under the law) regulates or prohibits the bringing of specified goods into the State or into a defined area of the State; and (b) the State or area is substantially free of a particular disease, organism, variety, genetic disorder or any other similar thing; and (c) it is reasonably likely that the goods would introduce or substantially assist the introduction of the disease, organism, variety, disorder or other thing into the State or area; and (d) it is reasonably likely that that introduction would have a long- term and substantially detrimental effect on the whole or any part of the State. 2 A law of a State to the extent that it is enacted or made substantially for the purpose of protecting a species or other class of animals or plants from extinction in the State and that it prohibits or restricts the possession, sale, killing or capture of animals or plants of that species or other class in the State. 3 Ozone Protection Act 1991 of the Australian Capital Territory. 4 Weapons Act 1991 of the Australian Capital Territory. 5 Ozone Protection Act 1989 of New South Wales. 6 Clean Air Act 1963-1990 of Queensland, part IVA.

Mutual Recognition Bill 1992 Schedule 1 Permanent exemptions: laws relating to goods Schedule 2 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 7 Hazardous Substances (Chlorofluorocarbons and Other Ozone Layer Depleting Substances) Regulations 1988 under the Health Act 1937- 1988 of Queensland. 8 Beverage Container Act, 1975 of South Australia. 9 Clean Air Act, 1984 of South Australia, part IIIA. 10 A law of Tasmania to the extent that it relates to the possession, sale or capture of abalone, crayfish or scallops of a certain minimum size. 11 Chlorofluorocarbons and other Ozone Depleting Substances Control Act 1988 of Tasmania. 12 Environment Protection Act 1970 of Victoria, section 16 (in relation to ozone depleting substances), section 41 (2) (d) and section 71 (1) (gba). 13 Environmental Protection Regulations 1987 under the Environmental Protection Act 1986 of Western Australia. 14 Business Franchise ("X" Videos) Act 1990 of the Australian Capital Territory. 15 Classification of Publications Ordinance 1983 of the Australian Capital Territory. 16 Crimes Act 1900 of the Australian Capital Territory, section 65. 17 Film Classification Act 1971 of the Australian Capital Territory. 18 Publications Control Act 1989 of the Australian Capital Territory. 19 Film and Video Tape Classification Act 1984 of New South Wales. 20 Indecent Articles and Classified Publications Act 1975 of New South Wales. 21 Classification of Publications and Films Act of the Northern Territory. 22 Classification of Films Act 1991 of Queensland.

Schedule 1 Mutual Recognition Bill 1992 Schedule 2 Permanent exemptions: laws relating to goods page 34 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Classification of Publications Act 1991 of Queensland. 24 Classification of Films for Public Exhibition Act, 1971 of South Australia and regulations under that Act. 25 Classification of Publications Act, 1974 of South Australia and regulations under that Act. 26 Summary Offences Act, 1953 of South Australia, section 33 and section 35. 27 Classification of Publications Act 1984 of Tasmania. 28 Classification of Films and Publications Act 1990 of Victoria. 29 Censorship of Films Act 1947 of Western Australia. 30 Indecent Publications and Articles Act 1902 of Western Australia. 31 Video Tapes Classification and Control Act 1987 of Western Australia.

Dictionary R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACT • Chief Minister • Commonwealth • the Territory. Commonwealth Act—see section 4.

Endnotes 1 About the endnotes page 36 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired

Endnotes Legislation history 3 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Mutual Recognition (Australian Capital Territory) Act 1992 A1992-66 notified 1 December 1992 (Gaz 1992 No S208) s 1, s 2 commenced 1 December 1992 (s 2 (1)) remainder commenced 25 February 1993 (s 2 (2) and Gaz 1993 No S24) as amended by Legislation (Consequential Amendments) Act 2001 A2001-44 pt 252 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 252 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.68 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.68 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.29 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 3 pt 3.29 commenced 24 August 2022 (s 2)

Endnotes 4 Amendment history page 38 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 R3 24/08/22 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Name of Act s 1 sub A2007-3 amdt 3.371 Dictionary s 2 om A2001-44 amdt 1.2891 ins A2007-3 amdt 3.372 Notes s 2A ins A2007-3 amdt 3.372 Expiry of Act s 3 sub A2001-44 amdt 1.2892 Meaning of Commonwealth Act s 4 am A2022-14 amdt 3.181 Approval of amendments s 6 am A2001-44 amdts 1.2893-1.2895 Mutual Recognition Bill 1992 sch 1 (prev sch) renum R1 LA Dictionary dict ins A2007-3 amdt 3.373 def Commonwealth Act ins A2007-3 amdt 3.373

Endnotes Earlier republications 5 R3 24/08/22 Mutual Recognition (Australian Capital Territory) Act 1992 Effective: 24/08/22 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 20 Feb 2002 20 Feb 2002– 11 Apr 2007 A2001-44 new Act and amendments by A2001-44 R2 12 Apr 2007 12 Apr 2007– 23 Aug 2022 A2007-3 amendments by A2007-3 © Australian Capital Territory 2022

Mutual recognition principle (goods and occupations)

Goods: The core concept for goods is in s 9,goods lawfully produced in or imported into the first State that may lawfully be sold there can be sold in the second State “by virtue of this Act” without complying with further second State requirements, subject to the listed exceptions (see s 10, s 11). The Act defines the scope of “requirements” that are displaced (s 10) and those that survive (s 11).
Occupations: The core concept for occupations appears in s 17-21 and related provisions: registration in the first State creates (after a prescribed notice to the second State’s local registration authority) an entitlement to registration in the equivalent occupation in the second State and a right to carry on the occupation meanwhile (s 17(1); s 20(1)-(3); s 25-27 for deemed registration).

Participating jurisdictions and constitutional mechanics

The Act only operates between “participating jurisdictions” as defined by s 43. The Legislative Assembly requests the Commonwealth to enact the Commonwealth Act modelled in Schedule 1 (s 5(1)). The designated person for the Territory is the Chief Minister (s 5(4)). The Act contemplates that the Commonwealth will enact a national Act under s 51(xxxvii) of the Constitution and allows States to adopt or refer relevant powers; the local ACT Act treats the Commonwealth Act as defined in s 4.

Goods concepts and limits

“Goods” is defined broadly (schedule 1, cl 4(1) in the reproduced Bill text: “goods means goods of any kind, and includes animals, a package, a label”) and production is located where “the most recent step has occurred” (s 46).
Requirements displaced include standards relating to composition, performance, presentation and labelling, inspection as prerequisite to sale, and rules preventing production steps outside the second State (s 10).
Exceptions that permit the second State to continue to regulate include laws about the manner of sale and seller conduct (s 11(2)); laws about transportation, storage or handling directed to health, safety or environmental protection that apply equally to local goods (s 11(3)); inspection laws that are not prerequisites to sale and meet public‑interest criteria (s 11(4)); permanent exemptions (s 14 with schedule 1 and 2); and temporary exemptions limited to 12 months (s 15).

Occupations concepts and limits

An “occupation” is defined by registration dependency on qualifications (schedule 1: cl 4(1)), and “equivalence” is activity‑based,if the activities authorised under registrations are substantially the same, they are equivalent (s 29).
The notice procedure for entitlements to registration is prescriptive (s 19): statements about current registrations across States, disciplinary status, consent to information exchange, documentary proof or certified copy of registration instrument and statutory declaration verification (s 19(2)-(5)).
Time limits: local registration authority must grant registration within one month, or the person becomes entitled (s 21); postponement up to six months (s 22); refusal grounds set out (s 23); deemed registration operates pending formal grant (s 25-27) and continues until cancelled, suspended, superseded by substantive registration, or until the person ceases to be registered in all other States named in the notice (s 26).

Administrative architecture and dispute resolution

Local registration authorities are the primary decision‑makers for registration and day‑to‑day implementation (s 19-24; s 39).
The Administrative Appeals Tribunal retains review jurisdiction for decisions under the Act (s 31, s 34); Tribunal declarations can define equivalence and may declare occupations not equivalent in restricted, safety‑critical circumstances (s 31(2)(b)), but ministerial declarations prevail over Tribunal declarations where conflicting (s 30(2)).
Ministers can jointly declare equivalence between occupations in specified States (s 32).

Information sharing, confidentiality and obligations

Local registration authorities must furnish information to other authorities when required in connection with an application, deemed registration or disciplinary proceedings (s 37), and are empowered to do so despite secrecy laws (s 37(3)), although once received, the information is subject to the receiving jurisdiction’s secrecy/confidentiality laws (s 38).

Fees, formalities and procedural constraints

Fees may be imposed by local authorities in relation to substantive or deemed registration but cannot be greater than fees applicable for registration apart from this Act, and cannot amount to a tax (s 40).
Formalities requiring personal attendance in the second State are precluded (s 41).

Public interest carve outs and temporal limits

Permanent exemptions for particular classes of goods and laws are set out in schedule 1 and schedule 2 (s 14). Temporary exemptions are permitted but capped at 12 months in aggregate (s 15).
Tribunal declarations excluding certain occupational activities on safety or environmental grounds are time‑limited to 12 months (s 31(4)).

Definitions and interpretative aids

The Dictionary is part of the Act (s 2). The Act is to be read with the Commonwealth model and in conformity with the Acts Interpretation Act 1901 as in force at Royal Assent for the Commonwealth Bill (Schedule 1, cl 4(2) reproduced in the Act).

Producers and sellers of goods

Businesses and individuals who produce, import or distribute goods in the ACT and in other participating jurisdictions are directly affected by the goods provisions (s 8-15). The Act allows such actors to sell goods lawfully sold in their origin State in the second State without undergoing duplicative second State conformity processes except where exceptions apply (s 9-11). They must, if relying on the statutory defence to a prosecution under a second State law, label the goods at point of sale and have reasonable grounds to believe the goods were produced or imported in the first State (s 12).

Registered practitioners and applicants in regulated occupations

Individuals registered in an occupation in one participating jurisdiction who want to carry on an equivalent occupation in another are affected by the occupations provisions (s 16-42). They must provide a prescribed written notice (s 19), attest to their disciplinary status and provide documentary proof of registration (s 19(2)-(5)). Those persons obtain an entitlement to registration and interim (deemed) registration rights to practise pending the local authority’s action (s 20; s 25-27).

Local registration authorities and regulators

Local registration authorities in each participating jurisdiction are the implementing agencies for occupation provisions: they receive notices (s 19), must act within strict timelines (s 21), may impose or waive conditions (s 20(5), s 27(4)-(5)), must furnish and receive information (s 37-38), prepare guidance within six months of commencement (s 39(2)-(3)), and cannot impose fees greater than existing fees (s 40). They also administer disciplinary consequences that automatically carry across to equivalent registrations in other jurisdictions (s 33), subject to limited reinstatement powers.

Ministers and executive actors

Ministers across States can make joint declarations of equivalence (s 32) and the designated persons in participating jurisdictions (the ACT Chief Minister, State Governors, the Northern Territory Administrator) have a role in approval for Commonwealth amendments (s 5-6) and in requesting regulations to amend schedules (s 47(2)-(3)). The Executive may make regulations for temporary exemptions for goods (s 7).

Tribunal and courts

The Administrative Appeals Tribunal is empowered to review decisions and make declarations of equivalence or non‑equivalence on review (s 31, s 34). Tribunal findings have procedural consequences for local authorities (s 31(5)).

Public and consumers

Consumers in the ACT may encounter goods or services from other participating jurisdictions without being required to verify differing local conformity marks, except where public‑interest exceptions operate (s 11-15). For safety and environmental reasons the Act preserves some local regulatory power.

Who bears costs and administrative burdens

Regulated entities pay the administrative costs of compliance: producers and sellers must maintain documentary proof, labelling, and in some cases may need to comply with local handling/transport laws (s 11(3)); practitioners must prepare statutory declarations, collate instruments and consent to information exchange (s 19(2)-(5)). Local registration authorities incur administrative costs to process notices in short timeframes, prepare guidance within six months (s 39(2)-(3)), and to furnish information on demand (s 37). Fees under s 40 may be charged but are capped by parity to existing registration fees.

The Crown and public agencies

The Act binds the Crown in right of the Commonwealth and each State (subject to s 5) (s 7), so public agencies engaging in regulated activities or procuring goods and services are within scope where registration or sale is legally required.

Geographic and constitutional limits

The Act applies only to participating jurisdictions (s 5; s 43). Its operation therefore depends on the network of States and Territories that adopt/participate in the mutual recognition regime. The ACT’s machinery includes requesting the Commonwealth to enact the model (s 5), and the Chief Minister’s role in approval of Commonwealth amendments that affect participating jurisdictions (s 6).

Entitlements under the mutual recognition principle

Right to sell: A person may sell goods in the second State that are lawfully sold in the first State without complying with the second State’s further specified requirements (s 9-10). That right is subject to the statutory exceptions in s 11, and the permanent/temporary exemptions in s 14-15 and their schedules.
Right to registration and interim practice: A person registered in the first State, upon lodging the prescribed notice, is entitled to be registered in the second State and, pending registration, to carry on the equivalent occupation (s 17(1); s 20(1)-(3); s 25-27). The entitlement becomes effective from the date the notice was lodged when registration is granted (s 21(2)), and if no action is taken within one month the entitlement arises automatically (s 21(1)-(3)).

Documentary and verification duties for applicants and sellers

Goods: To assert the defences in s 12, a defendant must label goods at the point of sale to indicate the goods’ State of production or import and must have no reasonable grounds for suspecting that they were not so produced or imported (s 12(1)). The defence is unavailable if prosecution proves the good did not comply with first State requirements (s 12(2)).
Occupations: The notice to a local registration authority must include several specific statements (which must be verified by statutory declaration): the first State of registration, the occupation sought, the States of substantive registration, disciplinary status, suspension/cancellation status, personal prohibitions, special conditions, and consent to inquiries and information exchange. The notice must be accompanied by the instrument evidencing registration or sufficient identifying information, and the applicant must certify the instrument is an original or a complete and accurate copy (s 19(1)-(5)).

Duties on local registration authorities and regulators

Timeliness: Grant registration within one month or the person is entitled automatically (s 21(1)-(3)). They may postpone or refuse registration within that month using specified grounds (s 21(3); s 22).
Conditions and fees: May impose conditions on registration to achieve equivalence, but not more onerous than would otherwise be imposed except where such conditions already apply in the first State or are necessary to achieve equivalence (s 20(5); s 27(5)). May impose fees but limited to parity with fees applicable outside this Act (s 40).
Information sharing: Must furnish information to other States without delay when required in connection with a notice, deemed registration or disciplinary action, and are empowered to override secrecy/confidentiality laws to do so (s 37(1), (3)). They must treat received information under their own confidentiality rules (s 38).
Guidance duty: Must prepare and make available guidelines about operation of Part 3 for their occupations, the first set within six months (s 39(2)-(3)).

Disciplinary and public‑safety duties

Disciplinary parity: If a person’s registration in a State is cancelled, suspended or subject to conditions on disciplinary grounds, the person’s registration in the equivalent occupation in another State is affected identically (s 33(1)). A second State’s authority may, however, reinstate or waive conditions if appropriate (s 33(2)).
Tribunal oversight: Decisions by a local registration authority under this Act are reviewable to the Tribunal (s 34), which may order appropriate remedies and make declarations about equivalence (s 31). Tribunal powers include making declarations that occupations are not equivalent where carrying out certain activities could expose persons to a real threat to health/safety or cause significant environmental pollution (s 31(2)(b)), but such declarations are time‑limited (s 31(4)).

Executive and legislative duties

Chief Minister/designated person: The ACT Chief Minister is the designated person for approval of Commonwealth amendments as contemplated under s 5(2) and may approve amendments in writing (s 6). The Chief Minister may fix a day for the Act’s expiry (s 3).
Regulations: The Executive may make regulations for temporary exemptions for goods,this power explicitly links to the Commonwealth Act’s section 15 in the reproduced model (s 7). The Governor‑General (in the Commonwealth model text at s 47 of Schedule 1) may make regulations amending the schedules, but only after designated persons of participating jurisdictions publish requests.

Constraints on power and rights

Fees cannot exceed comparable fees outside the Act (s 40(1)) and cannot be a tax (s 40(4)).
Formalities requiring personal attendance in the second State cannot be imposed as a condition of substantive or deemed registration (s 41).
The Act does not displace Commonwealth law (s 6(1)) and a State law can continue to operate to the extent it is compatible (s 6(2)). The mutual recognition principle is expressly subject to the exceptions enumerated in s 11.

Statutory offences and defences in the reproduced text

The Act itself does not create a broad catalogue of new criminal offences; rather, it changes the operation of existing State regulatory regimes and provides statutory defences in particular circumstances. For example, s 12 provides a statutory defence to prosecutions under second State laws regarding the sale of goods if the seller satisfies the labelling and belief requirements. The defence is explicitly unavailable where the prosecution proves that the mutual recognition principle did not apply because the goods did not comply with first State requirements (s 12(2)).

Disciplinary enforcement and cross‑jurisdictional effect

Disciplinary sanctions imposed in one State (cancellation, suspension, or conditions) affect corresponding registration in another State (s 33(1)). Local registration authorities retain power to reinstate or waive sanctions in particular cases (s 33(2)). Deemed registration subjects the practitioner to the receiving State’s disciplinary regime (s 27(3)(b)), and references in second State law to registered persons extend to deemed registrants (s 27(3)(c)).

Administrative review and remedies

Decisions of local registration authorities under the Act are reviewable by the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 (s 34(1)). The Tribunal may order registration or make declarations of equivalence or non‑equivalence on review (s 31(1)-(2)); it may also order costs where a party has acted unreasonably in proceedings (s 35). Tribunal declarations have procedural effect: a decision made on review must be given effect by the local registration authority and applied to subsequent applicants (s 31(5)).

Civil or criminal prosecutions under State laws

The Act interacts with existing State offences and regulatory enforcement regimes: if a seller fails to meet the conditions for the s 12 defence, they remain vulnerable to prosecution under the second State’s law. The republished Act notes the penalty unit values at the republication date for offences against this law as $160 for an individual and $810 for a corporation (Legislation Act 2001, s 133) in the header,this is relevant where a breach against this law or relevant subordinate legislation attracts a penalty unit.

Information disclosure and power to override secrecy

Section 37(3) empowers a local registration authority to provide required information to another authority “despite any law relating to secrecy or confidentiality,” which is an enforcement‑relevant power enabling cross‑jurisdictional investigations, vetting and disciplinary processes. The receiving authority must then treat the information under its own secrecy/confidentiality law (s 38).

Temporary and permanent exclusion mechanisms

For goods, permanent exemptions in schedule 1 and schedule 2 exclude specified classes of goods and laws from mutual recognition (s 14). Temporary exemptions may be declared under State Acts or regulations for health, safety or environmental protection, but cannot operate for longer than 12 months in the aggregate (s 15). For occupations, the Tribunal may declare non‑equivalence on safety/environmental grounds but such declarations last no longer than 12 months (s 31(4)).

Procedural enforcement levers and timelines

The statutory timelines create practical enforcement pressures: local registration authorities must act within one month on a notice or the applicant obtains automatic entitlement to register and to practice (s 21). Postponement is limited to six months (s 22(3)). These time limits function as an enforcement mechanism by converting administrative inaction into enforceable entitlements.

Limits on imposing preconditions or fees

Authorities may not insist on personal attendance formalities (s 41) and must not charge fees greater than fees for registration apart from this Act (s 40(1)); these constraints reduce avenues for regulators to impose de facto barriers to entry.

Relationship with Commonwealth law and the Commonwealth Act

The Legislative Assembly explicitly requests the Commonwealth to enact the Commonwealth Mutual Recognition Act in the terms of Schedule 1 and contemplates that the ACT’s regime will be aligned with a Commonwealth Act defined by s 4 (see s 5(1), s 4). The Act states it does not affect the operation of any Commonwealth law (s 6(1)). The Act anticipates amendments to the Commonwealth Act but requires approval by each designated person of participating jurisdictions for amendments (s 5(2)); for the Territory the designated person is the Chief Minister (s 5(4)), and the Chief Minister may approve amendments in writing (s 6(1)-(2)). This mechanism anchors the local Act within intergovernmental constitutional architecture.

State laws and concurrent operation

The Act does not prevent State laws from operating concurrently where they can be so applied (s 6(2)). However, where State laws conflict with the mutual recognition principle, the Act lists explicit exceptions that allow the second State’s laws to continue to apply (s 11), and permanent exemptions are carved out by schedule 1 and schedule 2 (s 14). The requirement that exceptions apply “equally to goods produced in or imported into the second State” or “apply equally to all persons” (s 11(2)-(4); s 17(2)) frames how second State laws remain operative.

Secrecy, confidentiality and information exchange

Section 37(3) expressly empowers supplying registration authorities to provide information “despite any law relating to secrecy or confidentiality.” That is a statutory override of some secrecy/confidentiality constraints in source jurisdictions for the purposes enumerated in s 37(2). However, the receiving authority must treat the information under its own law relating to secrecy/confidentiality (s 38). Thus the Act modifies inter‑jurisdictional information flows by authorising disclosure while preserving the receiving jurisdiction’s confidentiality protections.

Interaction with State public‑interest regulation

The Act preserves State power to regulate conduct that affects health, safety and the environment. For goods, laws regarding transportation, storage or handling that are directed at health, safety or preventing/minimising environmental pollution survive mutual recognition provided they apply equally to local goods (s 11(3)). Inspection laws survive where inspection is not a prerequisite to sale and they target health and safety or environmental protection (s 11(4)). For occupations, the Tribunal may deny equivalence where activity could expose persons to real threat to health/safety or cause significant environmental pollution and where it is not practicable to protect by regulating the manner of service provision (s 31(2)(b)).

Regulatory timing and procedural rights

The Act interacts with administrative law and review regimes: decisions under the Act are reviewable to the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975 (s 34). The Act also imposes notice content requirements (s 19) and requires registration authorities to supply a written notice of decisions including the right to review (s 24; s 34(3) restates the Tribunal review advice requirement). Tribunal findings and ministerial declarations have direct regulatory effect (s 30(2), s 31(5), s 32).

Schedules and existing State Acts

Permanent exemptions list specific State Acts and topics (s 14; schedule 1 and schedule 2) and these schedules may be amended by regulation under the Commonwealth model only after the designated person for each participating jurisdiction publishes a notice requesting it (s 47). That mechanism ties schedule content to an intergovernmental consultation/consensus procedure.

Definitions, place of production and imports

The Act determines the place of production by reference to “the most recent step” in the production process (s 46). That interacts with import regulation and labelling regimes because imported components or partially processed goods may nonetheless be treated as produced in a particular State if the most recent step occurred there. The goods definition in the reproduced schedule covers packaging and labelling explicitly (see Schedule 1 cl 4 in the reproduced Bill text).

Fees, formality and taxation rules

Local authorities may charge fees for registration or deemed registration, but fees must not exceed those applicable apart from the Act and are not a tax (s 40). The prohibition on personal attendance formalities (s 41) precludes second State laws or processes that would otherwise require in‑person appearance as part of registration.

Limits to coverage: participating jurisdictions and Crown

The Act applies to States while they are participating jurisdictions (s 5(1)); s 43 defines participating jurisdictions. The Act binds the Crown in right of the Commonwealth and the States, subject to s 5 (s 7).

What the Act records about amendment mechanics

The Act incorporates the Commonwealth model in Schedule 1 and provides specific mechanisms for participation in and amendment of that model. Under s 5(2), the Legislative Assembly requests the Commonwealth to continue the Commonwealth Act and requests that amendments be approved by the designated persons of participating jurisdictions. The Chief Minister for the ACT is the designated person (s 5(4)). The Chief Minister is expressly empowered to approve the terms of amendments of the Commonwealth Act for the Territory in writing (s 6(1)); such an approval is a notifiable instrument (s 6(2)). This creates a local mechanism tying ACT consent to Commonwealth amendments affecting the mutual recognition framework.

Recorded republication and amendments in the endnotes

The republished Act includes an amendment history in the endnotes. Key recorded amendments include:
- Legislation (Consequential Amendments) Act 2001 (A2001‑44) , amendments recorded at endnote 3 and 4; several provisions were amended by that Act (endnote 4 lists s 3 substitution by A2001‑44, and other amending items).
- Statute Law Amendment Act 2007 (A2007‑3) , inserted the Dictionary and made other editorial amendments (endnote 4 shows additions, e.g., Dictionary insertions and s 1 amendments).
- Statute Law Amendment Act 2022 (A2022‑14) , amended s 4 (endnote 4 notes s 4 amended by A2022‑14 amdt 3.181). The legislation history (endnote 3) records notification and commencement dates for these amendments: e.g., the Statute Law Amendment Act 2022 was notified LR 10 August 2022 and sch 3 pt 3.29 commenced 24 August 2022 (endnote 3).

Commencement and republication chronology

The Act was originally notified 1 December 1992 and most provisions commenced 25 February 1993 (endnote 3). Subsequent authorised republications are recorded (endnote 5), including digital republications from 2002 onward. The republished Act notes the Legislative Assembly’s ability to fix an expiry day for the Act (s 3), which is itself a notifiable instrument.

Mechanics for amending schedules

The Governor‑General (in the Commonwealth model text in Schedule 1) has power to make regulations amending the schedules, but only where each designated person for the participating jurisdictions has published a notice in their official gazette requesting the regulation (s 47(1)-(3)). For the ACT, the Chief Minister is the designated person (s 47(3)).

Practical implications of amendment clauses

Because schedule amendments require a request by designated persons, the Act ties schedule content to intergovernmental coordination and consent. The Chief Minister’s formal role in approving Commonwealth amendments (s 6) means that ACT consent is required for substantive changes to the Commonwealth Act as it operates for participating jurisdictions under the referral/adoption model under s 51(xxxvii) of the Constitution.

Editorial amendments and republication

The republished text discloses that the Parliamentary Counsel’s Office has made editorial amendments and that editorial changes are included under the Legislation Act 2001 part 11.3 (republication header). The amendment history in the endnotes lists formal amending Acts and dates, showing that the Act has been maintained and periodically updated for drafting and consequential reasons (endnotes 3-5).

What the Act itself records

The republished Act and its schedules do not name or record decisions of courts or tribunals as part of the statute text. There are no cases cited or appended in the Act text or its endnotes. The Act establishes the Administrative Appeals Tribunal’s jurisdiction for review (s 34) and contemplates Tribunal declarations and review mechanisms (s 31, s 34), but the Act itself does not report any litigation.

What this means for practitioners

The Act creates reviewable administrative decisions and anticipated points of judicial or tribunal engagement (e.g., s 21-23 time limits, s 31 Tribunal declarations of non‑equivalence, s 34 Tribunal review procedure). To understand how those provisions have been interpreted in practice, practitioners will need to consult Tribunal and court decisions, administrative determinations and any regulatory guidance published by local registration authorities. Those materials are external to the Act and not reproduced in this republished text.

Recommended practical steps for researching litigation

Search Administrative Appeals Tribunal decisions under relevant keywords (mutual recognition, deemed registration, equivalence) post‑1993 and since any amendments.
Examine State tribunal and court jurisprudence involving interplay between the mutual recognition principle and public‑interest exceptions (health/safety/environment) specified in s 11 and s 31.
Review decisions about the operation of s 12 defences for goods prosecutions, and cases interpreting documentary or labelling requirements for asserting mutual recognition defences.

Limitations of the present source

The present republished Act provides the legislative framework and the administrative review routes but does not include a litigation history or case law. Any references to cases would require external legal research beyond the text provided here.

Strict documentary and verification requirements for occupational notices

The notice requirements in s 19 are exacting: the applicant must specify all States of substantive registration (s 19(2)(c)), affirm no disciplinary proceedings exist (s 19(2)(d)) and disclose special conditions or prohibitions (s 19(2)(f)-(g)). All statements must be verified by statutory declaration (s 19(5)) and the registration instrument must be produced or certified as a complete and accurate copy (s 19(3)-(4)). Failure to meet these technical rules is a ground for postponement or refusal (s 22(1)(a)-(b), s 23(1)(a)-(b)) and could expose the applicant to denial of the entitlement.

Short administrative timelines can convert inaction into entitlement

Local registration authorities must grant registration within one month, or the applicant becomes entitled automatically (s 21(1)-(3)). If an authority fails to act within that month, the applicant obtains registration rights , but postponement up to six months is permitted under specified grounds (s 22(3)). Practitioners should note that inaction by regulators can produce enforceable entitlements, while missteps in the notice can justify postponement or refusal.

Deemed registration is interim but carries legal exposure

Deemed registration allows a person to practise as if substantively registered (s 27(1)) but only within the limits of substantive registration in the first State and of the deemed registration (s 27(2)(a)-(b)). Deemed registrants are subject to the receiving State’s disciplinary provisions (s 27(3)(b)), must comply with protective requirements (insurance, fidelity funds, trust accounting) that are designed to protect clients (s 27(3)(a)), and their deemed registration may be cancelled if they cease to be registered in all other States named in the notice (s 26(4)). Practitioners must therefore manage cross‑jurisdictional compliance and risk because disciplinary exposure in the receiving State will apply while practising under deemed registration.

Labelling defence for goods has narrow operational requirements

The statutory defence for goods prosecutions requires labelling “at the point of sale” with a statement that the goods were produced in or imported into the first State and that the defendant had no reasonable grounds for suspecting otherwise (s 12(1)). The defence is rebutted if the goods did not comply with first State requirements (s 12(2)). Sellers who rely on the defence must ensure point‑of‑sale labelling practices and retain evidence of provenance and reasonable belief.

Public‑interest exceptions are fact‑sensitive and can be used to block entry

The Act preserves broad statutory exceptions for health, safety and environmental protection (s 11(3)-(4), s 15, schedule 2). The Tribunal may declare occupations not equivalent where carrying out certain activities could expose persons to a real threat to health or safety or cause significant environmental pollution and where regulation of service provision would not suffice (s 31(2)(b)). These carve outs are procedural levers that participating jurisdictions can use to limit mutual recognition in safety‑critical areas.

Temporary exemptions are short and aggregate‑capped

Temporary exemptions for goods under s 15 can operate only for up to 12 months in aggregate. Any attempt to mount serial temporary exemptions must respect that aggregate cap. For occupations, Tribunal non‑equivalence declarations are also limited to 12 months (s 31(4)). Regulators relying on temporary exclusions must therefore manage renewal or transition planning.

Fees and formalities cannot be used to impose hidden barriers

Authorities cannot charge higher fees for registration under this part than fees for registration apart from the Act (s 40(1)) and cannot impose personal attendance formalities as a prerequisite to registration (s 41). However, administrative delay, overly strict documentary scrutiny (s 22(1)) and imposition of conditions to “achieve equivalence” (s 20(5)) can still function as practical impediments; the Act limits but does not eliminate such frictions.

Information disclosure rules are asymmetrical

Section 37(3) permits a supplying authority to disclose information despite secrecy laws, but once the receiving authority has the information, s 38 subjects it to the receiving jurisdiction’s secrecy/confidentiality law. Practitioners should be aware that disclosures made under s 37(3) may be governed by a different confidentiality regime after transfer, with consequences for privacy and professional obligations.

Schedules are subject to change only by intergovernmental request

Amendment of the permanent exemptions schedules requires action by the Governor‑General only after designated persons in participating jurisdictions publish a request in their gazettes (s 47(1)-(3)). Practically, this means schedule changes require intergovernmental coordination and consent , a potential source of delay or political negotiation.

Geographic scope depends on participating jurisdictions

The Act applies to States only while they are participating jurisdictions (s 5(1), s 43). The mutual recognition benefit therefore depends on the network of jurisdictions that have adopted or referred the law; a person must check whether the destination jurisdiction is a participating jurisdiction at the relevant time.

Crown application subject to s 5

The Act binds the Crown, but s 5 qualifies application to States while they are participating jurisdictions. This is a point of constitutional nuance: public agencies may be bound differently depending on participation status and the referral/adoption mechanics.

Practical checklist for goods sellers and producers

Ensure lawful sale in first State: confirm the goods are lawfully produced or imported and lawfully sold in the first State in the circumstances relied upon (s 9).
Determine place of production: for complex production chains apply s 46 to determine which State counts as the “State where the most recent step occurred.”
Use labelling correctly if relying on the s 12 defence: label goods at the point of sale with a clear statement that the goods were produced or imported in the first State; retain documentary evidence and records showing you had no reasonable grounds to suspect otherwise (s 12(1)-(2)). Keep originals or certified copies of origin/production documents.
Monitor permanent and temporary exemptions: check schedule 1 and schedule 2 exclusions (s 14) and stay updated on any temporary exemptions published under State Acts or regulations (s 15) or under Commonwealth/Executive regulations as applicable (s 7).
Comply with surviving second State laws: even when mutual recognition applies, comply with the second State’s laws that regulate the manner of sale, seller conduct, transportation/storage/handling when directed at health/safety/environmental protection (s 11(2)-(4)).

Practical checklist for practitioners seeking cross‑jurisdictional registration

Prepare the notice to the second State carefully: follow s 19 exactly , include the State of registration, the occupation sought, list all States of substantive registration, disclose disciplinary status and special conditions, and give consent for inquiries (s 19(2)(a)-(h)).
Collect documentary proof: produce the original or a complete and accurate copy of the instrument evidencing registration and certify it per s 19(3)-(4). Ensure statutory declaration verification is ready (s 19(5)).
Time your practice and expectations: expect the local registration authority to either grant registration or act under s 22 within one month. If the authority does nothing you obtain registration entitlement at one month (s 21(1)-(3)). If postponed, expect a maximum of six months (s 22(3)).
Maintain substantive registration elsewhere: deemed registration ceases if you cease to be substantively registered in every other State named in the notice (s 26(4)). Keep track of status in all listed jurisdictions.
Ensure insurance and protective arrangements: make arrangements to comply with receiving State requirements designed to protect the public (insurance, trust accounts, fidelity funds) as deemed registration does not excuse such compliance (s 27(3)(a)).

Practical checklist for local registration authorities

Process notices promptly: ensure administrative capacity to decide within one month or to exercise the postponement ground validly (s 21-22). Have templates and checklists addressing s 19 documentary and verification requirements.
Prepare and publish guidance: make guidelines and information regarding operation of Part 3 available within six months and thereafter maintain accessible guidance (s 39(2)-(3)).
Fee and formality compliance: do not impose fees in excess of existing fees (s 40(1)) and avoid requiring personal attendance formalities (s 41). If imposing conditions, ensure they are not more onerous than would be imposed outside this Act except where necessary for equivalence (s 20(5)).
Information exchange and confidentiality protocols: set procedures for prompt furnishing of information to other authorities (s 37), document legal bases for disclosures (s 37(3)), and apply local secrecy/confidentiality rules to received information (s 38).
Disciplinary coordination procedures: set out clear procedures to act on disciplinary sanctions occurring in other jurisdictions (s 33), and criteria for reinstatement/waiver where appropriate (s 33(2)).

Monitoring and governance

Track participating jurisdictions: confirm whether the destination jurisdiction is a “participating jurisdiction” at the relevant time (s 5(1), s 43).
Watch schedules and gazettes: monitor Commonwealth/State/Government Gazettes for temporary exemptions, ministerial declarations of equivalence (s 32), Tribunal declarations (s 31 notices must be published in the Gazette (s 31(3))) and any changes to schedules following the intergovernmental procedure (s 47).
Legal and administrative records: retain statutory declarations, certified copies of instruments, labelling evidence, and communications with registration authorities. Document compliance with insurance/trust/accounting requirements where practising under deemed registration (s 27(3)(a)).

If a dispute arises

Tribunal review: any person affected by a registration decision under this Act may apply to the Administrative Appeals Tribunal for review in accordance with the Administrative Appeals Tribunal Act 1975 (s 34). Notices of decisions must inform applicants of review rights and reasons on request (s 34(3)).
Preserve evidence for s 12 defence: sellers should preserve point‑of‑sale labelling evidence and provenance documentation to support a defence under s 12 if prosecuted in a receiving State.
Use ministerial or Tribunal declaration mechanisms where equivalence is contested: seek Tribunal review under s 31 or pursue a ministerial joint declaration under s 32 where parties seek a formal determination of equivalence.

Recordkeeping, compliance calendar and risk management

Maintain a compliance calendar for (a) one‑month registration decision windows and six‑month postponement periods (s 21-22); (b) twelve‑month caps on temporary exemptions and Tribunal non‑equivalence declarations (s 15; s 31(4)); (c) fee parity reviews (s 40); and (d) any gazetted schedule change requests under s 47.
Ensure cross‑jurisdictional counsel is consulted before asserting mutual recognition in safety‑critical activities, and before relying on the s 12 defence in contentious regulatory environments.

This operational, documentary and timing discipline is the pragmatic means by which regulated entities, practitioners and regulators can coherently implement and comply with the mutual recognition framework set out in this Act.

Mutual Recognition (Australian Capital Territory) Act 1992

Plain English Summary

Deep Dive

What it does

Current sections

Mutual Recognition (Australian Capital Territory) Act 1992

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply