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Trans-Tasman Mutual Recognition Act 1997
26Activities under deemed registration
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26 Activities under deemed registration
(1) A person who has deemed registration in an Australian jurisdiction
may carry on the occupation in the jurisdiction as if the deemed
registration were substantive registration in the jurisdiction.
(2) However, the person may do so only—
(a) within the limits conferred by the person’s substantive
registration in New Zealand;
(b) within the limits conferred by the person’s deemed registration
in the Australian jurisdiction;
(c) subject to any conditions or undertakings applying to the
person’s registration in New Zealand, unless waived by the
local registration authority of the Australian jurisdiction 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 Australian
jurisdiction 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;
(b) a person who has deemed registration in an occupation in the
Australian jurisdiction is subject to any disciplinary provisions
and arrangements that are applicable to persons who are
substantively registered in the jurisdiction; and
(c) references in the law of the Australian jurisdiction to persons
registered in an occupation under the law of the jurisdiction
(however expressed) extend to persons who have deemed
registration for the occupation under this Act.
Schedule 1
Occupations Part 3
Clause 27
R4
01/12/15
Trans-Tasman Mutual Recognition Act 1997
Effective: 01/12/15
page 25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) However, the local registration authority of the Australian
jurisdiction may waive any condition imposed under the law of New
Zealand, or any undertaking given to the local registration authority
of New Zealand, if it thinks it appropriate in the circumstances.
(5) The local registration authority of the Australian jurisdiction 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 New Zealand
or that are necessary to achieve equivalence of occupations.