30Declarations by Australian Tribunal

30 Declarations by Australian Tribunal (1) On a review, the Australian Tribunal may make an order that a person who is registered in a particular occupation in New Zealand is or is not entitled to registration in an Australian jurisdiction in a particular occupation, and may specify or describe conditions that will achieve equivalence. (2) On a review, the Australian Tribunal may make a declaration that occupations carried on in New Zealand and an Australian jurisdiction are not equivalent, but only if the Australian 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 New Zealand should not entitle registered persons to carry on a particular activity or class of activity in an Australian jurisdiction, where— (i) the activity or class of activity is a material part of the practice of a person registered in New Zealand for the occupation; Schedule 1 Occupations Part 3 Clause 31 R4 01/12/15 Trans-Tasman Mutual Recognition Act 1997 Effective: 01/12/15 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (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 Australian jurisdiction 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 Australian Tribunal must cause a notice setting out the terms of a declaration under this section to be promptly published in the Commonwealth of Australia 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 participating jurisdiction 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.