Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
MUTUAL RECOGNITION
(QUEENSLAND) BILL 1992
Queensland
MUTUAL RECOGNITION
(QUEENSLAND) BILL 1992
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Enactment of uniform mutual recognition legislation . . . . . . . . . . . . . . . . . . 6
6 Approval of amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Regulations for temporary exemptions for goods . . . . . . . . . . . . . . . . . . . . . 8
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 9
MUTUAL RECOGNITION BILL 1992
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3 Principal purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Application of this Act to States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Operation of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Crown bound . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--GOODS
8 Mutual recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Entitlement to sell goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Requirements that do not need to be complied with . . . . . . . . . . . . . . . . . . 12
11 Requirements that do need to be complied with . . . . . . . . . . . . . . . . . . . . . . 13
2
Mutual Recognition (Queensland)
12 Defences to offences regarding sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Goods that comply with local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Permanent exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Temporary exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3--OCCUPATIONS
Division 1--Preliminary
16 Mutual recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Entitlement to carry on occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Application of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Entitlement to registration
19 Notification to local registration authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Entitlement to registration and continued registration . . . . . . . . . . . . . . . . . 19
21 Action following notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
22 Postponement of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Refusal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Notification of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--Interim arrangements
25 Deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Duration of deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Activities under deemed registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 4--Equivalent occupations
28 Equivalent occupations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 General principle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
30 Declarations as to equivalent occupations . . . . . . . . . . . . . . . . . . . . . . . . . . 24
31 Declarations by Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Declarations by Ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--General provisions
33 Disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Review of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35 Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Residence or domicile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Furnishing information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Mutual Recognition (Queensland)
38 Receiving information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
39 General responsibilities of local registration authorities . . . . . . . . . . . . . . . 28
40 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
41 Formalities requiring personal attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
42 Saving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 4--GENERAL
43 References to participating jurisdictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
44 Application of mutual recognition principle . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Machinery provisions regarding limitations etc. . . . . . . . . . . . . . . . . . . . . . . 30
46 Determining place of production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
47 Amendment of Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 32
PERMANENT EXEMPTIONS--GOODS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 33
PERMANENT EXEMPTIONS--LAWS RELATING TO GOODS
1992
A BILL
FOR
An Act to enable the enactment of legislation applying uniformly
throughout Australia for the recognition of regulatory standards
adopted in Australia regarding goods and occupations
6
Mutual Recognition (Queensland)
BE IT ENACTED by the Queen's Most Excellent Majesty, by and with 1
the advice and consent of the Legislative Assembly of Queensland in 2
Parliament assembled, and by the authority of the same, as follows. 3
title 4
Short
Clause1. This Act may be cited as the Mutual Recognition (Queensland) Act 5
1992. 6
7
Commencement
Clause2. This Act commences on a day to be fixed by proclamation. 8
urpose 9
P
The purpose of this Act is to enable the enactment of uniform 10
Clause3.
legislation relating to the recognition of regulatory standards adopted in 11
Australia regarding goods and occupations. 12
13
Interpretation
In this Act-- 14
Clause4.
"the Commonwealth Act" means the Act of the Parliament of the 15
Commonwealth, enacted as referred to in section 5(1)(a), and as 16
amended and in force from time to time. 17
of uniform mutual recognition legislation 18
Enactment
The following matters, to the extent to which they are not 19
Clause5.(1)
otherwise included in the legislative powers of the Parliament of the 20
Commonwealth, are referred to the Parliament of the Commonwealth for a 21
period commencing on the day on which this Act commences and ending 22
on the day fixed under subsection (4) as the day on which the reference 23
under this Act terminates, but not longer, namely, the matters to which the 24
Schedule relates but only to the extent of-- 25
(a) the enactment of an Act in the terms, or substantially in the terms, 26
set out in the Schedule; and 27
7
Mutual Recognition (Queensland)
(b) the amendment of that Act (other than the Schedules), but only in 1
terms which are approved by the designated person for each of 2
the then participating jurisdictions. 3
(2) For the purposes of this section, a "participating jurisdiction" is-- 4
(a) a State for which there is in force an Act of its Parliament that 5
refers to the Parliament of the Commonwealth the matters 6
mentioned in subsection (1), or that adopts the Commonwealth 7
Act, under paragraph (xxxvii) of section 51 of the 8
Commonwealth Constitution; or 9
(b) a Territory (being the Australian Capital Territory or the Northern 10
Territory) for which there is in force an Act of its legislature that 11
requests the Parliament of the Commonwealth to enact the 12
Commonwealth Act or that enables the Commonwealth Act to 13
apply in relation to it. 14
(3) For the purposes of this section, the designated person for a State is 15
the Governor, for the Australian Capital Territory is the Chief Minister and 16
for the Northern Territory is the Administrator. 17
(4) The Governor may, at any time, fix by proclamation a day as the day 18
on which the reference under this Act terminates. 19
(5) The day so fixed must be no earlier than the end of the period of 5 20
years commencing on the date of commencement of the Commonwealth 21
Act. 22
(6) If some provisions of the Commonwealth Act commence before 23
others, the reference in subsection (5) to the date of commencement of that 24
Act is taken to be a reference to the commencement of the first provision or 25
provisions to commence. 26
of amendments 27
Approval
For the purposes of section 5(1)(b), the Governor may, by 28
Clause6.
proclamation, approve the terms of amendments of the Commonwealth 29
Act. 30
8
Mutual Recognition (Queensland)
for temporary exemptions for goods 1
Regulations
Without limiting any other power to make regulations under any 2
Clause7.
other Act, the Governor may make regulations for the purposes mentioned 3
in section 15 of the Commonwealth Act. 4
9
Mutual Recognition (Queensland)
CHEDULE 1
¡S
UTUAL RECOGNITION BILL 1992 2
M
A BILL 3
FOR 4
An Act to provide for the recognition within each State and Territory 5
of the Commonwealth of regulatory standards adopted elsewhere 6
in Australia regarding goods and occupations 7
8
9
The Parliament of Australia enacts-- 10
PART 1--PRELIMINARY 11
title 12
Short
1. This Act may be cited as the Mutual Recognition Act 1992. 13
14
Commencement
2. The provisions of this Act commence on a day or days to be fixed by 15
Proclamation. 16
purpose 17
Principal
3. The principal purpose of this Act is to enact legislation authorised by 18
the Parliaments of States under paragraph (xxxvii) of section 51 of the 19
Commonwealth Constitution, and requested by the legislatures of the 20
Australian Capital Territory and the Northern Territory, for the purpose of 21
10
Mutual Recognition (Queensland)
SCHEDULE (continued)
promoting the goal of freedom of movement of goods and service 1
providers in a national market in Australia. 2
3
Interpretation
4.(1) In this Act, unless the contrary intention appears-- 4
"conditions", when used in relation to occupations, means conditions, 5
limitations or restrictions; 6
"deemed registration" means deemed registration as defined in section 25; 7
"equivalent", when used in relation to occupations, has a meaning affected 8
by Division 4 of Part 3; 9
"goods" means goods of any kind, and includes-- 10
(a) animals; or 11
(b) a package containing goods; or 12
(c) a label attached to goods; 13
"grant", when used in relation to registration, means grant, issue or 14
otherwise confer registration; 15
"import" means import from outside Australia; 16
"labelling" of goods includes any means by which, at the point of sale, 17
information is attached to goods or is displayed in relation to goods 18
without being attached to them; 19
"local registration authority" of a State for an occupation means the 20
person or authority in the State having the function conferred by 21
legislation of registering persons in connection with their carrying on 22
of that occupation in the State; 23
"occupation" means an occupation, trade, profession or calling of any kind 24
that may be carried on only by registered persons, where registration is 25
wholly or partly dependent on the attainment or possession of some 26
qualification (for example, training, education, examination, 27
experience, character or being fit or proper), and includes a 28
specialisation in any of the above in which registration may be granted; 29
11
Mutual Recognition (Queensland)
SCHEDULE (continued)
"participating jurisdiction" has the meaning given by section 43; 1
"produce" includes to manufacture, and also includes to harvest or 2
otherwise produce in the course of any form of primary production; 3
"registration" includes the licensing, approval, admission, certification 4
(including by way of practising certificates), or any other form of 5
authorisation, of a person required by or under legislation for the 6
carrying on of an occupation; 7
"requirements", when used in relation to goods, means requirements, 8
prohibitions, restrictions or conditions; 9
"sell" includes sell by wholesale or retail, and includes distribute for sale, 10
expose or offer for sale or have in possession for sale or agree to sell, 11
and includes barter, and includes supply by way of exchange, lease, 12
hire or hire-purchase; 13
"State" includes the Australian Capital Territory or the Northern Territory; 14
"substantive registration" means registration under a law of a State, but 15
does not include deemed registration; 16
"Tribunal" means the Administrative Appeals Tribunal. 17
(2) This Act is to be interpreted in accordance with the Acts 18
Interpretation Act 1901 as in force at the date on which this Act receives the 19
Royal Assent. 20
of this Act to States 21
Application
5.(1) This Act applies to a State, but only while it is a participating 22
jurisdiction. 23
(2) Accordingly, a reference in this Act to a State is a reference to a State 24
that is a participating jurisdiction. 25
of this Act 26
Operation
6.(1) Nothing in this Act affects the operation of any other law of the 27
Commonwealth. 28
12
Mutual Recognition (Queensland)
SCHEDULE (continued)
(2) This Act does not limit the operation of a law of a State so far as it 1
can operate concurrently with this Act. 2
rown bound 3
C
7. Subject to section 5, this Act binds the Crown in right of the 4
Commonwealth and of each of the States. 5
ART 2--GOODS 6
P
recognition 7
Mutual
8.(1) The mutual recognition principle as applying to goods is as set out 8
in this Part. 9
(2) This Part deals with goods produced in or imported into a State and 10
their sale in another State. 11
(3) In this Part, the firstmentioned State is called "the first State", and 12
the other State is called "the second State". 13
to sell goods 14
Entitlement
9. The mutual recognition principle is that, subject to this Part, goods 15
produced in or imported into the first State, that may lawfully be sold in that 16
State either generally or in particular circumstances, may, by virtue of this 17
Act, be sold in the second State either generally or in particular 18
circumstances (as the case may be), without the necessity for compliance 19
with further requirements as described in section 10. 20
that do not need to be complied with 21
Requirements
10. The further requirements referred to in section 9 are any one or more 22
of the following requirements relating to sale that are imposed by or under 23
the law of the second State-- 24
13
Mutual Recognition (Queensland)
SCHEDULE (continued)
(a) a requirement that the goods satisfy standards of the second State 1
relating to the goods themselves, including for example 2
requirements relating to their production, composition, quality or 3
performance; 4
(b) a requirement that the goods satisfy standards of the second State 5
relating to the way the goods are presented, including for example 6
requirements relating to their packaging, labelling, date stamping 7
or age; 8
(c) a requirement that the goods be inspected, passed or similarly 9
dealt with in or for the purposes of the second State; 10
(d) a requirement that any step in the production of the goods not 11
occur outside the second State; 12
(e) any other requirement relating to sale that would prevent or 13
restrict, or would have the effect of preventing or restricting, the 14
sale of the goods in the second State. 15
that do need to be complied with 16
Requirements
11.(1) The mutual recognition principle is subject to the exceptions 17
specified in this section. 18
(2) The first exception is that the principle does not affect the operation of 19
any laws of the second State that regulate the manner of the sale of goods in 20
the second State or the manner in which sellers conduct or are required to 21
conduct their business in the second State (including laws set out in the 22
examples below), so long as those laws apply equally to goods produced in 23
or imported into the second State. 24
Examples--Laws relating to the following-- 25
(a) the contractual aspects of the sale of goods; 26
(b) the registration of sellers or other persons carrying on 27
occupations; 28
(c) the requirement for business franchise licences; 29
(d) the persons to whom goods may or may not be sold; 30
14
Mutual Recognition (Queensland)
SCHEDULE (continued)
(e) the circumstances in which goods may or may not be sold. 1
(3) The second exception is that the principle does not affect the operation 2
of any laws of the second State regarding the transportation, storage or 3
handling of goods within the State, so long as-- 4
(a) those laws apply equally to goods produced in or imported into 5
the second State; and 6
(b) those laws are directed at matters affecting health and safety of 7
persons in the second State or at preventing, minimising or 8
regulating environmental pollution (including air, water, noise or 9
soil pollution) in the second State. 10
(4) The third exception is that the principle does not affect the operation 11
of any laws of the second State regarding the inspection of goods within the 12
State, so long as-- 13
(a) inspection or the requirement for inspection is not a prerequisite 14
to the sale of the goods in the second State; and 15
(b) those laws apply equally to goods produced in or imported into 16
the second State; and 17
(c) those laws are directed at matters affecting the health and safety 18
of persons in the second State or preventing, minimising or 19
regulating environmental pollution (including air, water, noise or 20
soil pollution) in the second State. 21
to offences regarding sale 22
Defences
12.(1) It is a defence to a prosecution for an offence against a law of the 23
second State in relation to the sale of any goods if the defendant expressly 24
claims that the mutual recognition principle applies and establishes that-- 25
(a) the goods were labelled at the point of sale with a statement to the 26
effect that the goods were produced in or imported into the first 27
State; and 28
(b) the defendant had no reasonable grounds for suspecting that they 29
were not so produced or imported. 30
15
Mutual Recognition (Queensland)
SCHEDULE (continued)
(2) The defence is not available if the prosecution proves that the mutual 1
recognition principle did not apply in the circumstances of the alleged 2
offence (because for example the goods did not comply with requirements 3
imposed by the law of the first State). 4
(3) Any relevant presumptions or evidentiary procedures under the law 5
of the first State are available to the prosecution or defendant in relation to 6
matters sought to be proved by the prosecution under subsection (2). 7
(4) Any relevant defences under the law of the first State are available to 8
the defendant in relation to matters sought to be proved by the prosecution 9
under subsection (2). 10
(5) This section does not affect any defence that is available apart from 11
this section. 12
that comply with local law 13
Goods
13.(1) Nothing in this Part prevents goods from being sold in the second 14
State if (apart from this Act) they comply with the relevant requirements 15
imposed by or under the law of the second State. 16
(2) Nothing in this Part requires the labelling of goods as mentioned in 17
section 12 if (apart from this Act) they comply with the relevant 18
requirements imposed by or under the law of the second State. 19
exemptions 20
Permanent
14.(1) This Part does not apply to goods that are specified in Schedule 1. 21
(2) This Part does not affect the operation of laws described in Schedule 22
2. 23
(3) Unless otherwise stated in Schedule 2, a law described in that 24
Schedule includes any amendment or replacement of that law, but only to 25
the extent that the amendment or replacement deals with the same 26
subject-matter. 27
16
Mutual Recognition (Queensland)
SCHEDULE (continued)
exemptions 1
Temporary
15.(1) This Part does not apply to the sale in the second State of goods, 2
or affect laws of the second State, for the time being declared by or under an 3
Act or regulation of the State to be goods or laws to which this section 4
applies. 5
(2) Any such exemptions have effect only if they are substantially for the 6
purpose of protecting the health and safety of persons in the State or 7
preventing, minimising or regulating environmental pollution (including air, 8
water, noise or soil pollution) in the State. 9
(3) No such exemption operates (together with the period of any 10
previous exemption) for longer than a period of 12 months or an aggregate 11
period of 12 months. 12
PART 3--OCCUPATIONS 13
1--Preliminary 14
Division
recognition 15
Mutual
16.(1) The mutual recognition principle as applying to occupations is as 16
set out in this Part. 17
(2) This Part deals with the ability of a person who is registered in 18
connection with an occupation in a State to carry on an equivalent 19
occupation in another State. 20
(3) In this Part, the firstmentioned State is called "the first State", and 21
the other State is called "the second State". 22
to carry on occupation 23
Entitlement
17.(1) The mutual recognition principle is that, subject to this Part, a 24
person who is registered in the first State for an occupation is, by this Act, 25
17
Mutual Recognition (Queensland)
SCHEDULE (continued)
entitled after notifying the local registration authority of the second State for 1
the equivalent occupation-- 2
(a) to be registered in the second State for the equivalent occupation; 3
and 4
(b) pending such registration, to carry on the equivalent occupation in 5
the second State. 6
(2) However, the mutual recognition principle is subject to the exception 7
that it does not affect the operation of laws that regulate the manner of 8
carrying on an occupation in the second State, so long as those laws-- 9
(a) apply equally to all persons carrying on or seeking to carry on the 10
occupation under the law of the second State; and 11
(b) are not based on the attainment or possession of some 12
qualification or experience relating to fitness to carry on the 13
occupation. 14
of this Part 15
Application
18.(1) This Part applies to individuals and occupations carried on by 16
them. 17
(2) This Part extends to an occupation carried on by an individual, where 18
the individual is subject to more than one system of registration or more 19
than one local registration authority in a State, and accordingly this Part 20
applies in relation to each such system of registration and each such 21
authority. 22
(3) Without limiting subsection (2), an example of such an occupation is 23
that of a legal practitioner, which involves both the admission as a legal 24
practitioner by a court and the issue of a practising certificate by another 25
body. 26
18
Mutual Recognition (Queensland)
SCHEDULE (continued)
Division 2--Entitlement to registration 1
to local registration authority 2
Notification
19.(1) A person who is registered in the first State for an occupation may 3
lodge a written notice with the local registration authority of the second State 4
for the equivalent occupation, seeking registration for the equivalent 5
occupation in accordance with the mutual recognition principle. 6
(2) The notice must-- 7
(a) state that the person is registered for the occupation in the first 8
State and specify that State; and 9
(b) state the occupation for which registration is sought and that it is 10
being sought in accordance with the mutual recognition principle; 11
and 12
(c) specify all the States in which the person has substantive 13
registration for equivalent occupations; and 14
(d) state that the person is not the subject of disciplinary proceedings 15
in any State (including any preliminary investigations or action 16
that might lead to disciplinary proceedings) in relation to those 17
occupations; and 18
(e) state that the person's registration in any State is not cancelled or 19
currently suspended as a result of disciplinary action; and 20
(f) state that the person is not otherwise personally prohibited from 21
carrying on any such occupation in any State, and is not subject to 22
any special conditions in carrying on that occupation, as a result 23
of criminal, civil or disciplinary proceedings in any State; and 24
(g) specify any special conditions to which the person is subject in 25
carrying on any such occupation in any State; and 26
(h) give consent to the making of inquiries of, and the exchange of 27
information with, the authorities of any State regarding the 28
person's activities in the relevant occupation or occupations or 29
otherwise regarding matters relevant to the notice. 30
19
Mutual Recognition (Queensland)
SCHEDULE (continued)
(3) The notice must be accompanied by a document that is either the 1
original or a copy of the instrument evidencing the person's existing 2
registration (or, if there is no such instrument, by sufficient information to 3
identify the person and the person's registration). 4
(4) As regards the instrument evidencing the person's existing 5
registration, the person must certify in the notice that the accompanying 6
document is the original or a complete and accurate copy of the original. 7
(5) The statements and other information in the notice must be verified 8
by statutory declaration. 9
(6) The local registration authority may permit the notice to be amended 10
after it is lodged. 11
to registration and continued registration 12
Entitlement
20.(1) A person who lodges a notice under section 19 with a local 13
registration authority of the second State is entitled to be registered in the 14
equivalent occupation, as if the law of the State that deals with registration 15
expressly provided that registration in the first State is a sufficient ground of 16
entitlement to registration. 17
(2) The local registration authority may grant registration on that ground 18
and may grant renewals of such registration. 19
(3) Once a person is registered on that ground, the entitlement to 20
registration continues, whether or not registration (including any renewal of 21
registration) ceases in the first State. 22
(4) Continuance of registration is otherwise subject to the laws of the 23
second State, to the extent to which those laws-- 24
(a) apply equally to all persons carrying on or seeking to carry on the 25
occupation under the law of the second State; and 26
(b) are not based on the attainment or possession of some 27
qualification or experience relating to fitness to carry on the 28
occupation. 29
(5) The local registration authority may impose conditions on 30
registration, but may not impose conditions that are more onerous than 31
20
Mutual Recognition (Queensland)
SCHEDULE (continued)
would be imposed in similar circumstances (having regard to relevant 1
qualifications and experience) if it were registration effected apart from this 2
Part, unless they are conditions that apply to the person's registration in the 3
first State or that are necessary to achieve equivalence of occupations. 4
(6) This section has effect subject to this Part. 5
following notice 6
Action
21.(1) Registration must be granted within one month after the notice is 7
lodged with the local registration authority under section 19. 8
(2) When granted, registration takes effect as from the date the notice 9
was lodged. 10
(3) However, the local registration authority may, subject to this Part and 11
within one month after the notice was lodged, postpone or refuse the grant 12
of registration. 13
(4) If the local registration authority neither grants the registration nor 14
takes action under subsection (3) within the period of one month after the 15
notice is lodged, the person is entitled to registration immediately at the end 16
of that period and no objection may be taken to the notice on any of the 17
grounds on which refusal or postponement may be effected, except where 18
fraud is involved. 19
of registration 20
Postponement
22.(1) A local registration authority may postpone the grant of 21
registration, if-- 22
(a) any of the statements or information in the notice as required by 23
section 19 are materially false or misleading; or 24
(b) any document or information as required by section 19(3) has not 25
been provided or is materially false or misleading; or 26
(c) the circumstances of the person lodging the notice have materially 27
changed since the date of the notice or the date it was lodged; or 28
21
Mutual Recognition (Queensland)
SCHEDULE (continued)
(d) the authority decides that the occupation in which registration is 1
sought is not an equivalent occupation. 2
(2) If the grant of registration has been postponed, the local registration 3
authority may in due course grant or refuse the registration. 4
(3) The local registration authority may not postpone the grant of 5
registration for longer than a period of 6 months, and the person is entitled 6
to registration immediately, at the end of that period, unless registration was 7
refused at or before the end of that period. 8
(4) Nothing in subsection (3) prevents earlier registration from being 9
granted on a review by the Tribunal. 10
of registration 11
Refusal
23.(1) A local registration authority may refuse the grant of registration, 12
if-- 13
(a) any of the statements or information in the notice as required by 14
section 19 are materially false or misleading; or 15
(b) any document or information as required by section 19(3) has not 16
been provided or is materially false or misleading; or 17
(c) the authority decides that the occupation in which registration is 18
sought is not an equivalent occupation and equivalence cannot be 19
achieved by the imposition of conditions. 20
(2) A decision to refuse to grant registration on the ground that the 21
occupation in which registration is sought is not an equivalent occupation 22
takes effect at the end of a specified period (not less than 2 weeks) after the 23
person is notified of the decision, unless it has been previously revoked or 24
there is an application for review to the Tribunal, in which case the Tribunal 25
may make whatever orders it considers appropriate. 26
of decision 27
Notification
24. A local registration authority must give the person who lodges a 28
notice in accordance with section 19 a notice in writing of its decision to 29
22
Mutual Recognition (Queensland)
SCHEDULE (continued)
grant registration, or to postpone or refuse the grant of registration, or to 1
impose conditions on registration. 2
Division 3--Interim arrangements 3
registration 4
Deemed
25.(1) A person who lodges a notice under section 19 with a local 5
registration authority of a State is, pending the grant or refusal of 6
registration, taken to be registered as provided in section 20. 7
(2) Such registration is called "deemed registration" in this Act. 8
(3) Deemed registration in one State does not of itself provide a basis for 9
registration in another State. 10
of deemed registration 11
Duration
26.(1) A person's deemed registration in the second State continues until 12
it is cancelled or suspended or otherwise ceases in accordance with this Part. 13
(2) A person's deemed registration in the second State ceases if the 14
person becomes substantively registered in the State in connection with the 15
occupation concerned. 16
(3) A person's deemed registration in the second State ceases if the local 17
registration authority of the State refuses to grant registration, subject to any 18
determination of the Tribunal. 19
(4) A person's deemed registration in the second State ceases if the 20
person ceases to be substantively registered in every other State mentioned 21
in the notice as required by section 19(2)(c). 22
(5) A local registration authority of the second State may cancel a 23
person's deemed registration in the second State if the person requests 24
cancellation. 25
(6) Deemed registration is not affected by postponement of the grant of 26
substantive registration. 27
23
Mutual Recognition (Queensland)
SCHEDULE (continued)
under deemed registration 1
Activities
27.(1) A person who has deemed registration in the second State may 2
carry on the occupation in the second State as if the deemed registration 3
were substantive registration in the second State. 4
(2) However, the person may do so only-- 5
(a) within the limits conferred by the person's substantive 6
registration in the first State; and 7
(b) within the limits conferred by the person's deemed registration in 8
the second State; and 9
(c) subject to any conditions or undertakings applying to the person's 10
registration in the first State, unless waived by the local 11
registration authority of the second State under this section; and 12
(d) subject to any conditions applying to the person's deemed 13
registration. 14
(3) Without limiting anything in this Division-- 15
(a) the person may not carry on the occupation in the second State 16
without complying with any requirements regarding insurance, 17
fidelity funds, trust accounts and the like that are designed to 18
protect the public, clients, customers or others; and 19
(b) a person who has deemed registration in an occupation in the 20
second State is subject to any disciplinary provisions and 21
arrangements that are applicable to persons who are substantively 22
registered in that State; and 23
(c) references in the law of the second State to persons registered in 24
an occupation under the law of that State (however expressed) 25
extend to persons who have deemed registration for the 26
occupation under this Act. 27
(4) However, the local registration authority of the second State may 28
waive any condition imposed under the law of the first State, or any 29
undertaking given to the local registration authority of the first State, if it 30
thinks it appropriate in the circumstances. 31
24
Mutual Recognition (Queensland)
SCHEDULE (continued)
(5) The local registration authority of the second State may impose 1
conditions as if deemed registration were substantive registration, but it 2
must not impose conditions that are more onerous than would be imposed 3
in similar circumstances (having regard to relevant qualifications and 4
experience) if it were registration effected apart from this Part, unless they 5
correspond to conditions or undertakings that apply to the person's 6
registration in the first State or that are necessary to achieve equivalence of 7
occupations. 8
Division 4--Equivalent occupations 9
occupations 10
Equivalent
28. The equivalence of occupations carried on in different States is to be 11
determined in accordance with this Part. 12
principle 13
General
29.(1) An occupation for which persons may be registered in the first 14
State is taken to be equivalent to an occupation for which persons may be 15
registered in the second State if the activities authorised to be carried out 16
under each registration are substantially the same (whether or not this result 17
is achieved by means of the imposition of conditions). 18
(2) Conditions may be imposed on registration under this Part so as to 19
achieve equivalence between occupations in different States. 20
(3) This section has effect subject to any relevant declarations in force 21
under this Division. 22
as to equivalent occupations 23
Declarations
30.(1) This Part is to be given effect in accordance with relevant 24
declarations (if any) made under this Division regarding equivalent 25
occupations. 26
(2) If a declaration made by the Tribunal and a declaration made by 27
Ministers are inconsistent, the ministerial declaration prevails. 28
25
Mutual Recognition (Queensland)
SCHEDULE (continued)
(3) A declaration under this Part does not affect the registration of any 1
person already registered (except in the case of a declaration made by the 2
Tribunal in relation to that person specifically). 3
by Tribunal 4
Declarations
31.(1) On a review, the Tribunal may make an order that a person who is 5
registered in a particular occupation in a particular State is or is not entitled 6
to registration in another State in a particular occupation, and may specify or 7
describe conditions that will achieve equivalence. 8
(2) On such a review, the Tribunal may make a declaration that 9
occupations carried on in two States are not equivalent, but only if the 10
Tribunal is satisfied that-- 11
(a) the activities involved in the occupations are not substantially the 12
same (even with the imposition of conditions); or 13
(b) registration in one State should not entitle registered persons to 14
carry on a particular activity or class of activity in the other State, 15
where-- 16
(i) the activity or class of activity is a material part of the 17
practice of a person registered in the first State for the 18
occupation; and 19
(ii) the activity or class of activity, if carried out by a person not 20
conforming to the appropriate standards, could reasonably 21
be expected to expose persons in the other State to a real 22
threat to their health or safety or could reasonably be 23
expected to cause significant environmental pollution 24
(including air, water, noise or soil pollution); and 25
(iii) it is not practicable to protect the health or safety of such 26
persons from that threat or the environment from such 27
pollution by regulating the manner in which services in the 28
occupation are provided. 29
(3) The Registrar or other proper officer of the Tribunal must cause a 30
notice setting out the terms of a declaration under this section to be 31
promptly published in the Gazette. 32
26
Mutual Recognition (Queensland)
SCHEDULE (continued)
(4) A declaration made on the basis of paragraph (2)(b) has effect for no 1
longer than 12 months, and the local registration authority must promptly 2
notify appropriate authorities in each other State and the Commonwealth of 3
the declaration. 4
(5) The local registration authority is to give effect to the decision on the 5
review, and must thereafter act in conformity with the decision in relation to 6
other persons seeking registration. 7
by Ministers 8
Declarations
32.(1) A Minister from each of two or more States may jointly declare, 9
by notice in the Gazette, that specified occupations are equivalent, and may 10
specify or describe conditions that will achieve equivalence. 11
(2) The declaration may be amended or rescinded in the same way. 12
(3) The declaration has effect only in relation to the States concerned. 13
(4) The appropriate local registration authority is to give effect to the 14
declaration. 15
5--General provisions 16
Division
action 17
Disciplinary
33.(1) If a person's registration in an occupation in a State-- 18
(a) is cancelled or suspended; or 19
(b) is subject to a condition; 20
on disciplinary grounds, or as a result of or in anticipation of criminal, civil 21
or disciplinary proceedings, then the person's registration in the equivalent 22
occupation in another State is affected in the same way. 23
(2) However, the local registration authority of the other State may 24
reinstate any cancelled or suspended registration or waive any such 25
condition if it thinks it appropriate in the circumstances. 26
(3) This section extends to registration effected apart from this Act. 27
27
Mutual Recognition (Queensland)
SCHEDULE (continued)
(4) This section has effect despite any other provisions of this Part. 1
of decisions 2
Review
34.(1) Subject to the Administrative Appeals Tribunal Act 1975, 3
application may be made to the Tribunal for review of a decision of a local 4
registration authority in relation to its functions under this Act. 5
(2) In subsection (1)-- 6
"decision" has the same meaning as in the Administrative Appeals 7
Tribunal Act 1975. 8
(3) If a local registration authority gives a person written notice of the 9
making of a decision referred to in subsection (1), the notice must include a 10
statement to the effect that-- 11
(a) subject to the Administrative Appeals Tribunal Act 1975, 12
application for review of the decision may be made to the 13
Tribunal by a person whose interests are affected by the decision; 14
and 15
(b) except where subsection 28(4) of that Act applies, application 16
may be made in accordance with section 28 of that Act by or on 17
behalf of that person for a statement in writing setting out the 18
findings on material questions of fact, referring to the evidence or 19
other material on which those findings were based, and giving the 20
reasons for the decision. 21
(4) Any failure to comply with a requirement of subsection (3) does not 22
affect the validity of the decision. 23
osts 24
C
35. The Tribunal may order a party in proceedings before it to pay costs 25
if the party has acted unreasonably. 26
28
Mutual Recognition (Queensland)
SCHEDULE (continued)
or domicile 1
Residence
36. Residence or domicile in a particular State is not to be a prerequisite 2
for or a factor in entitlement to the grant, renewal or continuation of 3
registration arising under this Part. 4
information 5
Furnishing
37.(1) A local registration authority of a State must furnish without delay 6
any information reasonably required by a local registration authority of 7
another State about a person substantively registered under a law of the 8
firstmentioned State. 9
(2) The obligation imposed under this section does not apply unless the 10
authority of the other State notifies the authority of the firstmentioned State 11
that the information is required in connection with-- 12
(a) a notice lodged by a person seeking registration; or 13
(b) a person's deemed registration; or 14
(c) actual or possible disciplinary action against the person. 15
(3) The authority of the firstmentioned State is empowered to provide the 16
information, despite any law relating to secrecy or confidentiality. 17
(4) Nothing in this section affects any obligation or power to provide 18
information apart from this section. 19
information 20
Receiving
38. If a local registration authority receives information under section 37, 21
the information is subject to any law relating to secrecy or confidentiality 22
that would apply if the information were provided under the law of the State 23
under which the authority is constituted or exercises its functions. 24
responsibilities of local registration authorities 25
General
39.(1) It is the duty of each local registration authority to facilitate the 26
operation of this Part in relation to the occupations for which the authority is 27
29
Mutual Recognition (Queensland)
SCHEDULE (continued)
responsible, and in particular to make use of the power to impose 1
conditions in such a way as to promote the mutual recognition principle. 2
(2) It is the duty of each local registration authority to prepare and make 3
available guidelines and information regarding the operation of this Part in 4
relation to the occupations for which the authority is responsible. 5
(3) The first such guidelines and information are to be available within 6 6
months after the commencement of this section. 7
8
Fees
40.(1) A local registration authority has power to impose fees in relation 9
to substantive or deemed registration or the continuance of registration 10
arising under this Part, but any such fees may not be greater than are 11
applicable for registration apart from this Part. 12
(2) Nothing in this section prevents the fixing or prescribing of fees 13
referred to in this section under any other law of a State, but the fees may 14
not be greater than can be imposed under this section. 15
(3) The local registration authority may impose a condition on 16
substantive or deemed registration arising under this Part to the effect that a 17
person may not carry out activities under registration unless a fee or other 18
payment has been paid, but such a condition may not be imposed unless it 19
corresponds to a requirement attaching to registration apart from this Part. 20
(4) This section does not authorise the imposition of a tax. 21
requiring personal attendance 22
Formalities
41.(1) Neither substantive or deemed registration, nor entitlement to 23
registration, under this Part requires compliance with any statutory or other 24
formalities requiring personal attendance in the second State. 25
(2) This section applies to formalities that would otherwise have to be 26
complied with before, at or after registration. 27
30
Mutual Recognition (Queensland)
SCHEDULE (continued)
1
Saving
42. Nothing in this Part prevents a person from seeking registration or 2
being registered for an occupation under a law apart from this Part. 3
PART 4--GENERAL 4
to participating jurisdictions 5
References
43. For the purposes of this Act, a participating jurisdiction is-- 6
(a) a State (other than a Territory) for which there is in force an Act 7
of its Parliament that refers to the Parliament of the 8
Commonwealth the power to enact this Act, or that adopts this 9
Act, under paragraph (xxxvii) of section 51 of the 10
Commonwealth Constitution; or 11
(b) a Territory (being the Australian Capital Territory or the Northern 12
Territory) for which there is in force an Act of its legislature that 13
requests the Parliament of the Commonwealth to enact this Act 14
or that enables this Act to apply in relation to it. 15
of mutual recognition principle 16
Application
44.(1) The mutual recognition principle and the provisions of this Act 17
may be taken into consideration in proceedings of any kind and for any 18
purpose. 19
(2) Nothing in this Act prevents a person from relying on the mutual 20
recognition principle in relation to more than two States. 21
provisions regarding limitations etc. 22
Machinery
45. In cases where Part 3 provides that conditions or undertakings that 23
apply or are relevant to registration in the first State also apply or are 24
relevant to registration in the second State, they are to be construed with any 25
31
Mutual Recognition (Queensland)
SCHEDULE (continued)
necessary adaptations, including the following (where appropriate and so far 1
as practicable)-- 2
(a) references to the first State are to be read as references to the 3
second State; 4
(b) references to officers or authorities of the first State are to be read 5
as references to the corresponding officers or authorities of the 6
second State. 7
place of production 8
Determining
46.(1) For the purpose of determining where goods are produced for the 9
purposes of this Act, goods are taken to be produced in the State where the 10
most recent step has occurred in the process of producing the goods 11
(including for example processing, harvesting or packaging the goods). 12
(2) Subsection (1) applies even though-- 13
(a) the process of production may be incomplete; or 14
(b) some steps in the process have not yet been carried out; or 15
(c) some steps in the process were carried out elsewhere, whether in 16
another State or outside Australia; or 17
(d) the goods or a component of the goods were imported. 18
of Schedules 19
Amendment
47.(1) The Governor-General may make regulations amending the 20
Schedules. 21
(2) No such regulation may be made unless the designated person for 22
each of the then participating jurisdictions has published a notice in the 23
official gazette of the jurisdiction setting out the terms of the proposed 24
regulation and requesting that it be made. 25
(3) For the purposes of this section, the designated person for a State is 26
the Governor, for the Australian Capital Territory is the Chief Minister and 27
for the Northern Territory is the Administrator. 28
32
Mutual Recognition (Queensland)
SCHEDULE (continued)
CHEDULE 1 1
¡S
PERMANENT EXEMPTIONS--GOODS 2
(sections 14 and 47) 3
1. Firearms and other prohibited or offensive weapons. 4
2. Fireworks. 5
3. Gaming machines. 6
4. Pornographic material. 7
33
Mutual Recognition (Queensland)
SCHEDULE (continued)
CHEDULE 2 1
¡S
ERMANENT EXEMPTIONS--LAWS RELATING TO 2
P
GOODS 3
(sections 14 and 47) 4
1. A law of a State relating to quarantine, to the extent that-- 5
(a) the law (or a direction or instrument given or made under the law 6
or some other action taken under the law) regulates or prohibits 7
the bringing of specified goods into the State or into a defined 8
area of the State; and 9
(b) the State or area is substantially free of a particular disease, 10
organism, variety, genetic disorder or any other similar thing; and 11
(c) it is reasonably likely that the goods would introduce or 12
substantially assist the introduction of the disease, organism, 13
variety, disorder or other thing into the State or area; and 14
(d) it is reasonably likely that that introduction would have a 15
long-term and substantially detrimental effect on the whole or any 16
part of the State. 17
2. A law of a State to the extent that it is enacted or made substantially for 18
the purpose of protecting a species or other class of animals or plants from 19
extinction in the State and that it prohibits or restricts the possession, sale, 20
killing or capture of animals or plants of that species or other class in the 21
State. 22
3. Ozone Protection Act 1991 of the Australian Capital Territory. 23
4. Weapons Act 1991 of the Australian Capital Territory. 24
5. Ozone Protection Act 1989 of New South Wales. 25
6. Clean Air Act 1963 of Queensland, Part 4A. 26
34
Mutual Recognition (Queensland)
SCHEDULE (continued)
SCHEDULE 2 (continued)
7. Hazardous Substances (Chlorofluorocarbons and Other Ozone 1
Layer Depleting Substances) Regulation 1988 under the Health Act 1937 of 2
Queensland. 3
8. Beverage Container Act, 1975 of South Australia. 4
9. Clean Air Act, 1984 of South Australia, Part IIIA. 5
10. A law of Tasmania to the extent that it relates to the possession, sale 6
or capture of abalone, crayfish or scallops of a certain minimum size. 7
11. Chlorofluorocarbons and Other Ozone Depleting Substances 8
Control Act 1988 of Tasmania. 9
12. Environment Protection Act 1970 of Victoria, section 16 (in relation 10
to ozone depleting substances), section 41(2)(d) and section 71(1)(gba). 11
13. Environmental Protection Regulations 1987 under the Environmental 12
Protection Act 1986 of Western Australia. 13
14. Business Franchise ("X" Videos) Act 1990 of the Australian Capital 14
Territory. 15
15. Classification of Publications Ordinance 1983 of the Australian 16
Capital Territory. 17
16. Crimes Act 1900 of the Australian Capital Territory, section 92NB. 18
17. Film Classification Act 1971 of the Australian Capital Territory. 19
18. Publications Control Act 1989 of the Australian Capital Territory. 20
19. Film and Video Tape Classification Act 1984 of New South Wales. 21
20. Indecent Articles and Classified Publications Act 1975 of New South 22
Wales. 23
21. Classification of Publications and Films Act of the Northern 24
Territory. 25
22. Classification of Films Act 1991 of Queensland. 26
23. Classification of Publications Act 1991 of Queensland. 27
24. Classification of Films for Public Exhibition Act, 1971 of South 28
Australia and regulations under that Act. 29
35
Mutual Recognition (Queensland)
SCHEDULE (continued)
SCHEDULE 2 (continued)
25. Classification of Publications Act, 1974 of South Australia and 1
regulations under that Act. 2
26. Summary Offences Act, 1953 of South Australia, section 33 and 3
section 35. 4
27. Classification of Publications Act 1984 of Tasmania. 5
28. Classification of Films and Publications Act 1990 of Victoria. 6
29. Censorship of Films Act 1947 of Western Australia. 7
30. Indecent Publications and Articles Act 1902 of Western Australia. 8
31. Video Tapes Classification and Control Act 1987 of Western 9
Australia. 10
11
© State of Queensland 1992
[Index] [Search] [Download] [Related Items] [Help]