MUTUAL RECOGNITION ACT 1992 - NOTES

MUTUAL RECOGNITION ACT 1992 - NOTES

No. 198, 1992

Compilation No. 8

Compilation date: 18 October 2023

Includes amendments up to: Act No. 74, 2023

Registered: 25 October 2023

About this compilation

This compilation

This is a compilation of the Mutual Recognition Act 1992 that shows the text of the law as amended and in force on 18 October 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1--Preliminary

1 Short title

2 Commencement

3 Principal purpose

3A Simplified outline of this Act

4 Interpretation

5 Application of this Act to States

6 Operation of this Act

7 Crown bound

Part 2--Goods

8 Mutual recognition--goods

9 Entitlement to sell goods

10 Requirements that do not need to be complied with

11 Requirements that do need to be complied with

12 Defences to offences regarding sale

13 Goods that comply with local law

14 Permanent exemptions

15 Temporary exemptions

Part 3--Occupations

Division 1--Preliminary

16 Mutual recognition--equivalent occupations

17 Entitlement to carry on equivalent occupation

18 Application of this Part

Division 2--Entitlement to registration for equivalent occupations

19 Notification to local registration authority

20 Entitlement to registration and continued registration

21 Action following notice

22 Postponement of registration

23 Refusal of registration

24 Notification of decision

Division 3--Interim arrangements

25 Interim deemed registration

26 Duration of interim deemed registration

27 Activities under interim deemed registration

Division 4--Equivalent occupations

28 Equivalent occupations

29 General principles

30 Declarations as to equivalent occupations

31 Declarations by Tribunal

32 Declarations by Ministers

Division 5--General provisions

33 Disciplinary action

34 Review of decisions

35 Costs

36 Residence or domicile

37 Furnishing information

38 Receiving information

39 General responsibilities of local registration authorities

40 Fees

41 Formalities requiring personal attendance

42 Saving

Part 3A--Automatic deemed registration to carry on activities covered by occupations

Division 1--Preliminary

42A Mutual recognition--activities covered by occupations

42B Entitlement to carry on activities covered by occupations in a second State

42C Application of this Part

Division 2--Entitlement to automatic deemed registration

42D Entitlement to automatic deemed registration

42E Person may carry on activities in second State

42F Conditions on automatic deemed registration

42G When automatic deemed registration ends

42H Operation of State laws regarding registration

42J Notification for automatic deemed registration

42K No fee for automatic deemed registration

42L Evidence of automatic deemed registration

42M Disciplinary action in relation to automatic deemed registration

42N Notifying other local registration authorities of suspension or cancellation

42P Notifying other local registration authorities of other disciplinary action

42Q Formalities requiring personal attendance

42R Effect of automatic deemed registration on obligations in other States

Division 3--General provisions

42S Exempting registrations because of significant risk to consumer protection etc.

42T Exempting registrations temporarily

42U Person providing information about home State to local registration authority

42V Local registration authorities providing and receiving information

42W General responsibilities of local registration authorities

42X Saving

Part 4--General

43 This Act does not confer judicial power on State local registration authorities or tribunals etc.

44 Application of mutual recognition principle

45 Machinery provisions regarding limitations etc.

46 Determining place of production

46A Application of amendments made by the Mutual Recognition Amendment Act 2021

47 Amendment of Schedules

Schedule 1--Permanent exemptions: goods

Schedule 2--Permanent exemptions: laws relating to goods

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section  15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history