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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
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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).
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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
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Act 1992
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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
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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
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Dictionary 35
Endnotes
1 About the endnotes 36
2 Abbreviation key 36
3 Legislation history 37
4 Amendment history 38
5 Earlier republications 39
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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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
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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
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(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
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(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
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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
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(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
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(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)
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(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.
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(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)
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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.
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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)
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(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
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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)
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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
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(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)
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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