NORTHERN TERRITORY OF AUSTRALIA
MUTUAL RECOGNITION (NORTHERN TERRITORY) ACT 1992
As in force at 23 June 1993
Table of provisions
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Termination...................................................................................... 1
4 Interpretation ................................................................................... 1
5 Request for Commonwealth Legislation .......................................... 1
6 Approval of amendments ................................................................. 2
7 Regulations for temporary exemptions for goods ............................ 2
Schedule Mutual Recognition Bill 1992
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 23 June 1993
MUTUAL RECOGNITION (NORTHERN TERRITORY) ACT 1992
An Act relating to the recognition of regulatory standards adopted in
Australia regarding goods and occupations
1 Short title
This Act may be cited as the Mutual Recognition (Northern
Territory) Act 1992.
2 Commencement
This Act shall come into operation on a date to be fixed by the
Administrator by notice in the Gazette.
3 Termination
(1) The Administrator may, by notice in the Gazette, at any time not
earlier than the end of the period of 5 years commencing on the
date of commencement of the Commonwealth Act, fix a date on
which this Act shall expire, and this Act shall expire accordingly.
(2) If some provisions of the Commonwealth Act commence before
others, the reference in subsection (1) to the date of
commencement of that Act shall be taken to be a reference to the
date of commencement of the first to commence of the first-
mentioned provisions.
4 Interpretation
In this 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 the Schedule and subject to subsection (2) the
continuation in force of the Act when so enacted.
Mutual Recognition (Northern Territory) Act 1992 2
(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 the purposes of 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 paragraph (xxxvii) of section 51 of the Commonwealth
Constitution; or
(b) the Territory or the Australian Capital Territory (while there is
in force an Act of the Legislative Assembly of the Australian
Capital 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
Australian Capital Territory).
(4) 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.
6 Approval of amendments
For the purposes of section 5(2), the Administrator may, by notice
in the Gazette approve the terms of amendments of the
Commonwealth Act.
7 Regulations for temporary exemptions for goods
Without limiting any other power to make regulations under any
other Act, the Administrator may make regulations for the purposes
mentioned in section 15 of the Commonwealth Act.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 3
Schedule Mutual Recognition Bill 1992
A BILL FOR
An Act to provide for the recognition within each State and Territory of the
Commonwealth of regulatory standards adopted elsewhere 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.
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
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 4
(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.
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 Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 5
(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.
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.
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 first-mentioned 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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 6
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;
(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;
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 7
(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
(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 Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 8
(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.
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.
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Mutual Recognition (Northern Territory) Act 1992 9
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 first-mentioned 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
(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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 10
(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
(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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 11
(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.
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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 12
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.
(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.
(4) Nothing in subsection (3) prevents earlier registration from being
granted or a review by the Tribunal.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 13
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.
(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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 14
(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
(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
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 15
(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
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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 16
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
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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 17
(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.
(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; 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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 18
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.
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 first-mentioned State.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 19
(2) The obligation imposed under this section does not apply unless
the authority of the other State notifies the authority of the first-
mentioned 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 first-mentioned 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.
(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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 20
(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.
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.
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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 21
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 &c.
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;
(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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 22
(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.
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.
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.
Ozone Protection Act 1991 of the Australian Capital Territory.
Weapons Act 1991 of the Australian Capital Territory.
Ozone Protection Act 1989 of New South Wales.
Clean Air Act 1963-1990 of Queensland, Part IVA.
Hazardous Substances (Chlorofluorocarbons and Other Ozone
Layer Depleting Substances) Regulations 1988 under the Health
Act 1937-1988 of Queensland.
Beverage Container Act, 1975 of South Australia.
Clean Air Act, 1984 of South Australia, Part IIIA.
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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 25
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 92NB.
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.
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.
Schedule Mutual Recognition Bill 1992
Mutual Recognition (Northern Territory) Act 1992 26
31. Video Tapes Classification and Control Act 1987 of Western
Australia.
32. Ozone Protection Act of the Northern Territory.
ENDNOTES
Mutual Recognition (Northern Territory) Act 1992 27
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Mutual Recognition (Northern Territory) Act (Act No. 78, 1992)
Assent date 18 December 1992
Commenced 1 March 1993 (Gaz S19, 26 February 1993, p 3)
Mutual Recognition Act 1992 (Amendment) Regulations (Cth) (SL No. 139, 1993)
Notified 23 June 1993
Commenced 23 June 1993
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22 of 2018) to: s 1.
4 LIST OF AMENDMENTS
sch amd SL No. 139, 1993 (Cth)