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MUTUAL RECOGNITION ACT 1992 - SECT 20 Entitlement to registration and continued registration

MUTUAL RECOGNITION ACT 1992 - SECT 20

Entitlement to registration and continued registration

  (1)   A person who lodges a notice in accordance with 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 mentioned in subsection   (1) continues, whether or not registration (including any renewal of registration) ceases in the first State.

  (4)   Continuance of the 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.

  (4A)   To avoid doubt, a law imposing a public protection requirement is not a law 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 the 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.