5DMinister required to seek exclusions for certain occupations

#### 5D Minister required to seek exclusions for certain occupations 5D Minister required to seek exclusions for certain occupations > > (1) The Minister must, before or no later than 1 month after section 42T of the amended Commonwealth Act commences, make a declaration using section 42T (a temporary exclusion declaration) to exclude each relevant occupation from the operation of automatic deemed registration. > > > (2) If a temporary exclusion declaration for a relevant occupation is not revoked before the end of the initial exclusion period, the Minister must make a declaration using section 42S of the amended Commonwealth Act (a significant risk exclusion declaration) to continue its exclusion from the operation of automatic deemed registration. > > > (3) The Minister must make further significant risk exclusion declarations for an occupation mentioned in subsection (2) each time a previous significant risk exclusion declaration for the occupation ends for a reason other than revocation. > > > (4) The Minister must comply with subsections (2) and (3) before the previous declaration ends. > > > (5) The Minister must consult with relevant trade unions and industry groups at least once during each 12-month period during which a significant risk exclusion declaration for a relevant occupation is in force about whether the continued exclusion of the occupation is appropriate having regard to the purpose of the amended Commonwealth Act specified by section 3 of that Act. > > > (6) The Minister must not revoke a temporary exclusion declaration or significant risk exclusion declaration for a relevant occupation before it is due to end unless the Minister— > > > > > (a) has tabled a revocation proposal in each House of Parliament, and > > > > > (b) the disallowance period for the proposal has ended or all motions to disallow the proposal have been defeated. > > > (7) A revocation proposal for a relevant occupation must state— > > > > > (a) the trade unions and industry groups the Minister has consulted about the proposal, and > > > > > (b) the reasons why the Minister is satisfied the end of the exclusion of the occupation from the operation of automatic deemed registration would not— > > > > > > > (i) place the public at risk of harm, or > > > > > > > (ii) compromise the effective regulation of the occupation in the State. > > > (8) The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), sections 40 and 41 apply to a revocation proposal in the same way as they apply to a statutory rule. > > > (9) This section does not limit or prevent the Minister making or revoking temporary exclusion declarations or significant risk exclusion declarations for occupations other than relevant occupations. > > > (10) In this section— > > > > amended Commonwealth Act means the Commonwealth Act as amended by the [Mutual Recognition Amendment Act 2021](http://www.legislation.gov.au/) of the Commonwealth, as in force from time to time. > > > > automatic deemed registration has the same meaning as in the amended Commonwealth Act. > > > > initial exclusion period means the period of 12 months beginning when section 42T of the amended Commonwealth Act commences. > > > > relevant occupation means any occupation for which an individual must be lawfully authorised under a law of the State to carry on activities involving— > > > > > (a) teaching work, or > > > > > (b) electrical work, or > > > > > (c) mining work, or > > > > > (d) the work of a diesel mechanic, or > > > > > (e) building, maintenance or construction work, including the following— > > > > > > > (i) engineering work, > > > > > > > (ii) gasfitting work, including medical gasfitting work and medical gas technician work, > > > > > > > (iii) mechanical services and medical gas work, > > > > > > > (iv) air-conditioning work, > > > > > > > (v) the work of a refrigeration mechanic, > > > > > > > (vi) plumbing work, > > > > > > > (vii) tunnelling work, > > > > > > > (viii) welding work, > > > > > > > (ix) drilling work, > > > > > > > (x) the work of a fitter and turner, > > > > > > > (xi) the work of a shotfirer, > > > > > > > (xii) the work of a rigger or dogger, > > > > > > > (xiii) the work of a machine and heavy plant operator, > > > > > > > (xiv) fire protection work. > > **ss 5A–5D:** Ins 2021 No 17, Sch 1\[3\].