Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) Declaration 2022

The instrument rests on three core legal concepts drawn from the Mutual Recognition Act 1992, referenced directly in the text.

• Exclusion of automatic deemed registration. The instrument uses the power in s 42S(1) of the Act to exclude specified Western Australian registrations from "automatic deemed registration". Section 5(1) does the excluding in concrete terms by referring to the column 1 entries in the table. The practical meaning of that concept, as expressed in the instrument, is that an out‑of‑jurisdiction registration will not be treated as automatically accepted in Western Australia for the specified registrable activities.

• Ministerial satisfaction and reasons. Section 5(2) ties the instrument to the statutory test in s 42S(2) of the Act. The instrument records, in column 2 of the table, the Minister’s statements "explaining" the significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public on which the Minister is satisfied the exclusion is necessary. The instrument therefore functions both as an operative exclusion and as the Minister’s written specification of the risks relied on.

• Time limitation for specified exclusion. Section 5(3) imposes a time limit for the exclusion in item 1 of the table, stating that the exclusion has effect "for the period of 3 years beginning on the day on which this instrument commences." The instrument does not specify a commencement date within the text, so the counting of that period depends on the instrument’s formal commencement.

The instrument identifies particular regulated activities and links them to specific WA statutes and regulations. The entries are precise in naming the type of licence or registration and the WA statutory source:

• Item 1: "Electrical contractor’s licence, electrician’s licence and restricted licence under the Electricity (Licensing) Regulations 1991 of Western Australia." The risk statement says automatic deemed registration for these registrations "would heighten the likelihood of a member of the public or worker suffering a fatality or serious injury arising from non‑compliant electrical work due to specific features of the Western Australian electrical licensing system that do not apply elsewhere in Australia." That is the Minister’s described basis for satisfaction.

• Item 3: "Pilotage provider’s licence under the Port Authorities Regulations 2001 of Western Australia." The statement explains risk of marine incidents caused by inadequate pilotage, and asserts that pilotage services in WA "should be undertaken by a person having the required local knowledge that is specific to the port and pilotage area" which "can only be garnered over time through port‑specific training and experience."

• Item 5: "Pilot’s licence under the Shipping and Pilotage Act 1967 of Western Australia." The statement echoes item 3’s focus on local knowledge and marine incident risk.

• Item 4: a set of security licences under the Security and Related Activities (Control) Act 1996 of Western Australia, including security agent, security officer, crowd control, crowd controller, inquiry agent, security bodyguard, investigator, security installer and security consultant licences. The statement identifies removal of "critical components of security licensing, including identity and security checks such as screening for suspensions and disciplinary issues" as the risk if automatic deemed registration applied.

• Item 6: "Registration under the Teacher Registration Act 2012 of Western Australia." The statement says automatic deemed registration would "pose a significant risk to the safety and welfare of children" and links that risk to current limitations in information exchange between jurisdictions for the purposes of automatic deemed registration.

The instrument’s structure shows the legal mechanism: rely on s 42S(1) to exclude, and record s 42S(2) reasons in the table. It does not itself specify the operational rules of the WA licensing schemes, nor the content of the local checks, training, or screening processes it references. Those operational details remain the province of the Western Australian statutes and regulators named in each table entry.

The instrument directly affects several distinct groups by changing whether they can rely on automatic deemed registration to operate in Western Australia.

• Holders of out‑of‑jurisdiction registrations seeking to rely on mutual recognition. Individuals or businesses who hold the listed types of registrations in other Australian jurisdictions and who would otherwise seek to operate in Western Australia under the Mutual Recognition Act cannot rely on automatic deemed registration for the listed Western Australian licences. Section 5(1) expressly excludes those registrations from the operation of automatic deemed registration in Western Australia.

• Current and prospective local licence holders in Western Australia. The instrument preserves the Western Australian licensing regulator’s role for the listed activities by preventing automatic deeming. Employers in WA who engage workers in these activities must continue to require the applicable WA licences and checks set by the named WA legislation and regulations. For example, employers wanting security staff, teachers, pilots, or electricians in WA will remain governed by the WA regimes referenced in the table.

• Western Australian regulators and licensing authorities. The named WA regulatory regimes retain their full application for the listed licences because automatic deemed registration is excluded. That means the Western Australian licensing bodies continue to control entry, identity and security checks, accreditation of local knowledge and other licensing prerequisites set out in the WA statutes and regulations named in the table.

• Workers, the public and those dependent on regulated services. The instrument’s explanatory statements show the Minister’s focus on protecting certain classes of beneficiaries. The statements assert increased risks to members of the public, workers, children, the marine environment and animal welfare in circumstances where automatic deemed registration applied. The instrument therefore aims to maintain the existing local regulatory protections for these groups by preserving the need for WA registration.

• Businesses supplying services across jurisdictions. Marine pilotage providers, shipping operators, security firms, electrical contractors and entities employing teachers or security staff will face an operational effect: where they planned to use out‑of‑jurisdiction registrations as the legal basis to provide services in WA, they must now secure WA registration for those activities (or otherwise comply with WA law) because automatic deemed registration is excluded by s 5(1).

• Ministers and decision makers at Commonwealth and Western Australian levels. The instrument is made under s 42S(1) of the Act and includes the Minister’s statements under s 42S(2). That creates a formal record of the Commonwealth Minister’s satisfaction and interacts with state regulatory processes; it may require coordination between Commonwealth mutual recognition machinery and WA licensing authorities in how mutual recognition applications are processed for the listed activities.

Who does not appear to be affected by the instrument? Registrations not listed in the table are not excluded; automatic deemed registration for those other registrations would continue to operate according to the Act unless otherwise excluded. The instrument also does not directly alter any WA licensing requirement or impose new offences; it simply disapplies automatic mutual recognition for the specified items in the WA context.

The instrument does not itself create novel duties, regulatory obligations or licensing content. Its operative function is to disapply automatic deemed registration for the listed Western Australian registrations. The rights and duties that follow are therefore derivative of that exclusion and of the legislation named in the table. Key legal points, drawn from the instrument text, are:

• Ministerial duty to be satisfied as to significant risk. The instrument records that the entries in column 2 "explain, under subsection 42S(2) of the Act, the significant risk" relied upon by the Minister (s 5(2)). That indicates the Minister exercised the statutory power in s 42S(1) only after being satisfied as to the existence of a relevant significant risk. The instrument itself functions as the Minister’s certificate of that satisfaction in writing.

• The right not to be automatically deemed registered. For the Western Australian licensing regimes listed, the instrument removes the operation of automatic deemed registration. The direct legal right that flows from the instrument is that Western Australia will not treat an out‑of‑jurisdiction registration as a WA registration automatically for the listed licence types. In practical terms, people seeking to perform those activities in WA cannot invoke automatic mutual recognition to avoid WA registration requirements.

• Continued operation of WA regulatory regimes. By excluding automatic deemed registration, the instrument maintains the application of the WA licensing obligations for the listed activities. The instrument itself does not specify the content of those WA duties, but it preserves the regulators’ existing rights to apply their laws and requirements to persons working in WA in the listed fields. That includes rights to perform identity checks, training and experience assessment, local knowledge requirements, and any other WA statutory prerequisites referred to by the instrument’s table entries.

• Temporal limit affecting electrical licences only. Section 5(3) imposes a temporal limit specifically on the exclusion for item 1 (electrical licences), "for the period of 3 years beginning on the day on which this instrument commences." That creates a time‑bounded right: during that three year window WA may refuse to treat out‑of‑jurisdiction electrical licences as automatically deemed registrations; the position after that period may change depending on whether a further declaration is made or the Act otherwise applies.

• No new prescription of licensing content or enforcement powers in this instrument. The instrument does not purport to change what the WA licensing statutes require, nor does it create new enforcement mechanisms. Any duties to obtain or maintain a WA licence, and any sanctions for acting without such a licence, flow from the underlying WA legislation named in the table rather than from the instrument itself.

• Allocation of decision‑making. The instrument demonstrates that the Minister has discretion under the Act to exclude specified registrations based on an assessment of significant risk, and that the Minister’s statement is recorded in the table. The instrument therefore makes explicit who decides (the Minister under s 42S(1)) and on what basis (s 42S(2) grounds recorded in the table).

To summarise, the instrument removes the ability of persons to rely on automatic deemed registration in WA for the listed activities; the consequent duties to obtain WA licences and the rights of WA regulators to enforce their licensing schemes remain governed by the respective WA Acts and regulations named in the table. The only internal temporal duty set by the instrument is the 3 year duration for item 1’s exclusion in s 5(3).

The instrument itself contains no penalty provisions and imposes no criminal or civil sanctions. Its legal effect is to exclude specified Western Australian registrations from the operation of automatic deemed registration under the Mutual Recognition Act 1992, as set out in s 5(1) and s 5(2). It does not restate, alter or create the sanctioning regime for non‑compliance with the licensing laws named in the table. Therefore:

• The instrument does not create enforcement powers. There are no fines, suspension powers or criminal offences in this instrument text. Enforcement authority and penalties remain within the Western Australian statutes and regulations that set and police the respective licences. For example, the Security and Related Activities (Control) Act 1996, the Teacher Registration Act 2012, the Electricity (Licensing) Regulations 1991, the Port Authorities Regulations 2001 and the Shipping and Pilotage Act 1967 are cited as the source regimes; those statutes and regulations are the loci of any licensing conditions and associated enforcement mechanisms, but the instrument does not reproduce them.

• Practical enforcement consequence. The instrument’s practical effect for enforcement is indirect: by excluding automatic deemed registration, the instrument preserves the requirement that people performing the named activities in Western Australia must satisfy the WA licensing regime. If a person provides such services in WA without obtaining the required WA licence or registration, the WA regulator would continue to have whatever enforcement powers the WA statute confers. The instrument does not itself list what those powers are.

• Who enforces. The instrument does not alter the identity of the enforcing authority. The relevant WA regulator, licensing authority or agency named in each table entry will remain the body responsible for administering and enforcing the licence requirements , the instrument preserves the application of those WA regimes by excluding automatic deeming.

• No Commonwealth enforcement action under this instrument. The instrument is a Commonwealth declaration exercised under the Mutual Recognition Act, but it does not create a separate Commonwealth enforcement regime against persons for failure to obtain WA licences. The enforcement of licensing requirements for the named activities remains a matter for WA regulatory law.

For counsel, compliance officers or in‑house advisers, the operational point is that the instrument changes the availability of mutual recognition as a compliance pathway. It does not prescribe penalties, but operating in WA without satisfying the applicable WA licence requirements will expose a person or business to whatever penalties the relevant WA regime provides. The instrument therefore shifts the risk landscape for cross‑jurisdictional operators: non‑compliance liability is not created by the instrument, but the exclusion increases the likelihood a person operating on the basis of an out‑of‑jurisdiction registration will be treated as unlicenced under WA law for the activities listed.

The instrument situates itself expressly within the framework of the Mutual Recognition Act 1992 by defining the Act at s 4 and by being made under subsection 42S(1) as stated at s 3. It uses the Act’s mechanism for excluding automatic deemed registration and records the Minister’s s 42S(2) reasons. The instrument also expressly references a set of Western Australian statutes and regulations, and therefore interacts with those regimes in specific ways:

• Relationship to the Mutual Recognition Act 1992. The instrument exercises the Commonwealth power under s 42S(1) of the Act to exclude particular WA registrations from automatic deemed registration. It records the Minister’s satisfaction in the form required by s 42S(2). The instrument does not repeal or amend the Act; it operates as a statutory declaration within the machinery of that Act to limit the mutual recognition effect for identified WA registrations.

• Preservation of Western Australian licensing regimes. By excluding automatic deemed registration for the listed WA licences, the instrument reinforces the primacy of the WA licensing statutes and regulations in regulating those activities within the state. That means the licensing content, screening and training requirements, local knowledge requirements and enforcement powers contained in the cited WA statutes and regulations continue to apply to persons providing those services in WA. The instrument names the specific WA statutory sources: Electricity (Licensing) Regulations 1991; Port Authorities Regulations 2001; Shipping and Pilotage Act 1967; Security and Related Activities (Control) Act 1996; Teacher Registration Act 2012. The instrument does not alter any of those regimes; it instead removes the mutual recognition mechanism that might otherwise bypass them.

• Interaction with cross‑jurisdiction information exchange. The entry for teacher registration explicitly refers to "information exchange between jurisdictions for the purposes of automatic deemed registration" as a concern. The instrument thus identifies an interactional deficiency: the mutual recognition mechanism presumes some level of information flow between jurisdictions, and the Minister’s statement records that until information exchange is improved, automatic deemed registration would increase certain risks. The instrument does not prescribe how information exchange should be improved or bind other jurisdictions to exchange information. It simply records that the current state of information exchange is part of the reasoning for the exclusion.

• Temporal interface. Section 5(3) creates a temporal interaction with WA and Commonwealth regimes by specifying that the exclusion for item 1 (electrical licences) operates for three years from commencement. That creates a finite intersection window where the instrument’s exclusion governs the mutual recognition interaction. After that period runs, unless a further declaration is made or the Act otherwise provides, automatic deemed registration for those electrical licences could apply again, subject to the Act.

• No modification of WA substantive regulatory standards. The instrument does not attempt to harmonise or modify technical standards, training curricula, identity screening procedures, competency requirements, local knowledge thresholds or safety standards in the WA statutes. It preserves their operation by excluding the mutual recognition shortcut. Any changes to the underlying WA standards must occur through amendments to the WA statutes and regulations or WA administrative practice.

• Administrative interaction in practice. For cross‑jurisdictional applicants, the instrument changes the administrative pathway: instead of relying on mutual recognition procedures under the Act to be treated as registered in WA, applicants must engage with the WA regulators named in the table. That interaction will involve the documentation, checks and processes those WA agencies require, though the instrument does not set out the administrative content.

In sum, the declaration operates as a targeted carve‑out within the mutual recognition framework, preserving the operation of the named WA statutes and regulations for the listed activities and noting specific interactional concerns such as local knowledge and interjurisdictional information exchange.

The text supplied is the instrument titled Mutual Recognition (Automatic Deemed Registration Exemption , Western Australia) Declaration 2022. Within the supplied instrument there are no recorded amendments, variations or schedules altering the instrument after its making. The instrument itself contains the operative provisions at ss 1, 3, 4 and 5 and the table of exclusions. The instrument does not include any footnotes, amendment clauses or transitional provisions beyond the three year time limit for item 1 set out at s 5(3).

What the instrument records about its own provenance is limited to:

• s 1 states the name of the instrument;
• s 3 states the authority under which it is made, namely subsection 42S(1) of the Mutual Recognition Act 1992; and
• s 4 defines the term Act as the Mutual Recognition Act 1992.

The instrument does not include a commencement clause in the text provided, so no commencement date is specified within the supplied material. Where an instrument contains an unexpressed commencement date, the normal procedural question is to check the making instrument or the Federal Register of Legislation for the formal commencement notice. The supplied instrument does not include that information.

There is a targeted temporal provision within the instrument: s 5(3) provides that the exclusion in item 1 of the table "has effect for the period of 3 years beginning on the day on which this instrument commences." No further duration limits are specified for the other listed items; they are therefore not time‑limited within this instrument as supplied.

Because no subsequent amendments are included in the supplied text, the amendment history recorded in this instrument is nil. Any later amendment, extension of time limits, revocation, or replacement of this declaration would need to be located in external records or future instruments; that material is not part of the text supplied. Practitioners should check the Federal Register of Legislation and the Mutual Recognition Act 1992 instrument registers for any revocations, re‑declarations or replacement instruments that modify these exclusions.

The supplied instrument contains no record of litigation, court decisions, challenges, appeals or judicial review proceedings. It does not cite any cases, nor does it purport to summarise any judicial consideration of the declaration or the s 42S power. The instrument is a declaratory administrative instrument made under the Mutual Recognition Act 1992 and, in the text provided, there is no reference to any legal proceedings either supporting or challenging the declaration.

Because the instrument records only the Minister’s satisfaction and the exclusions themselves, any litigation that might later arise would typically be about administrative law questions such as whether the Minister lawfully exercised the power under s 42S(1), whether the s 42S(2) reasons were adequate, or whether a person’s rights under the Act or under WA statutes were improperly affected. None of those issues are recorded in the instrument text supplied.

Practitioners, tribunals and courts will need to look beyond the instrument text to public registers, court databases and the Federal Register of Legislation to identify any legal challenge or judicial treatment of this specific declaration. The instrument itself does not evidence any litigation history.

The instrument is short and its drafting contains several points that practitioners should note carefully because they affect legal interpretation and operational application.

• Item numbering skips a number. The table in the instrument lists items labelled 1, 3, 4, 5 and 6. There is no item 2 in the table as supplied. This is a drafting and presentation detail in the instrument; the legal effect depends on the entries that are included rather than on sequential numbering. Nevertheless, users should be careful not to assume a missing entry; confirm that the table as published is complete.

• Temporal limit applies to item 1 only. Section 5(3) specifies that "The exclusion of the registrations specified in item 1 of the table has effect for the period of 3 years beginning on the day on which this instrument commences." The instrument does not apply the same 3 year limit to the other items. That means the electrical licences in item 1 are subject to a legislated three year exclusion, whereas the pilotage, pilots, security and teacher registration exclusions are not time‑limited within this instrument as supplied. Practitioners must note the different temporal regimes when advising clients about future eligibility for automatic deemed registration.

• Commencement date is not stated in the instrument text. Section 5(3) measures the three year period from "the day on which this instrument commences" but no commencement date is stated in the supplied instrument. The absence of an explicit commencement date in the text means the operative start date must be confirmed from the Gazette, the Federal Register of Legislation or the instrument’s making record. Advice that relies on the 3 year period should first verify the instrument’s commencement date.

• The instrument presumes but does not detail the content of WA checks and requirements. The explanatory statements refer to "specific features of the Western Australian electrical licensing system", "port‑specific training and experience", "identity and security checks such as screening for suspensions and disciplinary issues", and limitations in "information exchange between jurisdictions". The instrument does not set out what those features or checks are. If a practitioner needs to know what documentary evidence, assessments, or screening will be required, they must consult the named WA statutes and the WA regulators’ administrative requirements rather than relying on the summary statements in the declaration.

• The instrument does not create WA licensing obligations or set penalties. It excludes automatic deemed registration; it does not itself create offences or penalty regimes. This is a procedural instrument that changes how mutual recognition operates in WA for the listed registrations; the actual licensing obligations and penalties remain in the WA legislation identified in the table. Advisers should therefore cross‑check the WA laws for the substantive requirements and sanctions.

• Impact on cross‑jurisdiction workforce mobility. The instrument’s exclusions mean that an out‑of‑jurisdiction holder of a listed licence cannot present their registration as automatically giving them WA registration status. That creates practical compliance steps for businesses and workers who planned to rely on mutual recognition to operate in WA. Those arrangements must be managed operationally and contractually.

• The instrument is a Ministerial declaration; its factual statements are the Minister’s basis of satisfaction. The statements in column 2 are presented as reasons under s 42S(2). They are not statutory findings of fact made within WA law, although they have legal effect within the Mutual Recognition Act framework. If a party challenges the declaration, the adequacy of those reasons and the Minister’s satisfaction would be a live legal issue. The instrument does not contain supporting evidence or an explanatory memorandum within the text supplied.

• No express transitional or grandfathering clauses. The instrument does not include transitional arrangements for persons who may already be operating in WA under other arrangements. The effect on persons currently engaged in those activities depends on the detailed application of the Mutual Recognition Act and the WA statutes; the instrument itself does not specify transitional rights.

These are concrete points to check for any client or regulator relying on the instrument. The administrative and operational consequences depend on linking the declaration to the commencement date, the specific WA licensing content, and any separate administrative guidance or regulatory practice issued by WA authorities in response.

Compliance under this instrument is about selecting the correct legal pathway to be authorised to operate in Western Australia for the listed activities. The instrument excludes automatic deemed registration for specified WA licences, so persons who would otherwise have relied on mutual recognition must take alternative steps. Based on the instrument’s text, practical compliance steps include the following, each traced to the relevant provision in the instrument:

• Confirm whether the activity and licence fall within the table. Section 5(1) lists the registrations excluded, by reference to the licence title and the WA statute or regulation. The first step is to check whether the licence name and statutory source in the table correspond to the person’s out‑of‑jurisdiction registration and proposed activity in WA. The relevant entries are: electrical contractor’s licence, electrician’s licence and restricted licence under the Electricity (Licensing) Regulations 1991 (item 1); pilotage provider’s licence under the Port Authorities Regulations 2001 (item 3); security‑related licences under the Security and Related Activities (Control) Act 1996 (item 4); pilot’s licence under the Shipping and Pilotage Act 1967 (item 5); and registration under the Teacher Registration Act 2012 (item 6).

• Do not assume automatic mutual recognition applies for the listed activities. Section 5(1) explicitly excludes those registrations from automatic deemed registration in Western Australia. Therefore, do not rely on the Mutual Recognition Act to grant WA registration automatically for these licence types.

• Apply for the relevant WA licence or registration where required. Because the automatic mutual recognition pathway is excluded, the practical compliance route is to obtain the WA licence or registration under the WA statute cited in the table. The instrument does not set out application procedures; those procedures are found in the WA statutes and in the WA regulators’ administrative practices. Practitioners should consult the named WA statutes and the WA regulatory bodies for the detailed application, evidence and assessment requirements.

• Prepare to meet WA‑specific requirements identified by the Minister’s reasons. The column 2 statements indicate the sorts of WA requirements likely to be relevant to the grant of a WA licence: for example, "local knowledge that is specific to the port and pilotage area" for pilotage licences (items 3 and 5), structured "port‑specific training and experience", safety and competency standards for electrical work (item 1), identity and security screening for security licences (item 4), and child safety‑related checks and information exchange processes for teacher registration (item 6). Applicants should assemble evidence of experience, training, local knowledge or clearances as appropriate and should proactively enquire of the WA regulator about specific documentary and assessment requirements.

• Pay attention to the three year limit for the electrical licences. Section 5(3) provides that the exclusion in item 1 is effective "for the period of 3 years beginning on the day on which this instrument commences." For electrical contractors, electricians and restricted licence holders, it is therefore essential to verify the instrument’s commencement date and to plan for potential changes at the end of the three year period. If a client’s strategy depends on future eligibility for automatic deemed registration, they should monitor for any further declarations or revocations.

• Check WA regulatory guidance and evidence of commencement. The instrument does not state its commencement date in the text supplied. To comply, practitioners should consult the Federal Register of Legislation or the Commonwealth Gazette for the formal commencement notice, and then confirm WA regulators’ published guidance to understand operational expectations and any transitional arrangements.

• Anticipate screening and vetting processes. For security licences, the instrument’s statement in column 2 says automatic deemed registration would "remove critical components of security licensing, including identity and security checks such as screening for suspensions and disciplinary issues." Applicants and employers should therefore ensure they can meet WA screening standards, provide police checks, disciplinary history, or other evidence required by WA law.

• Anticipate employer and insurer requirements. Even where a person holds an out‑of‑jurisdiction registration not excluded by the instrument, employers and insurers in WA may still insist on local WA registration or clearances for risk management reasons. For the listed activities, employer expectations will likely mirror the Minister’s stated concerns in column 2. Advisors should factor these commercial constraints into compliance planning.

• Confirm interaction with other jurisdictions’ mutual recognition steps. The instrument notes limitations in "information exchange between jurisdictions for the purposes of automatic deemed registration" in the teacher registration entry. Where information exchange is relevant to a compliance pathway, applicants should proactively secure and disclose relevant certificates, disciplinary history and checks to WA authorities rather than assuming electronic or administrative exchange will occur.

• Document the regulatory strategy. For clients operating across jurisdictions, prepare file notes, timelines and documentation showing attempts to obtain WA registration, evidence submitted, and advice given, because the instrument means an out‑of‑jurisdiction registration is not an automatic compliance shield for the listed activities in WA.

Following these steps aligns with the instrument’s primary effect, set out at s 5(1), and with its recorded reasons in s 5(2). The instrument leaves the specifics of how WA regulators will assess applications and what evidence they will require to their own statutory and administrative regimes; compliance therefore requires direct engagement with those WA bodies.