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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Mutual Recognition (Automatic Licensed
Occupations Recognition) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The objects of this Bill are as follows:
(a) to provide for the automatic mutual recognition of certain occupational licences issued in
other jurisdictions (recognised licences) so that an individual who holds a recognised
licence will be deemed to hold the equivalent New South Wales licence (with the licences
to which automatic mutual recognition will apply to be prescribed by the regulations),
(b) to require a NSW licensing authority to notify the relevant interstate licensing authority of
any disciplinary or enforcement action taken by the NSW licensing authority in respect of
a deemed local licence,
(c) to provide for particulars about disciplinary and enforcement action taken in another
jurisdiction against a NSW licence holder to be recorded in a relevant register kept by a
NSW licensing authority,
(d) to remove the requirement that persons who carry out refrigeration work or air-conditioning
work must hold a specific refrigeration or air-conditioning authority for specialist work
under the Home Building Act 1989 and instead create a new category of specialist electrical
wiring work that applies only to the disconnection and reconnection of refrigeration or
air-conditioning equipment that is fixed electrical equipment,
(e) to remove mandatory continuing professional development obligations for the holders of
contractor licences, supervisor certificates and tradesperson certificates issued under the
Home Building Act 1989.
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Explanatory note
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.
Clause 3 defines certain words and expressions used in the proposed Act. Recognised licence is
defined to mean a licence issued under a law of another State or Territory, or another jurisdiction
prescribed by the regulations, that is prescribed by the regulations as a recognised licence. The
scheme of mutual recognition will only apply to those prescribed licences.
Part 2 Mutual recognition of licences
Clause 4 provides that an individual who holds a recognised licence under the law of another
jurisdiction is deemed to hold the local licence that is prescribed as equivalent to that recognised
licence, but only if the person's principal place of residence is in that other jurisdiction.
Clause 5 provides for the application of the laws of New South Wales to a person who is deemed
to hold a local licence. A person who holds a deemed local licence is taken to hold the local licence
for the purposes of the laws of New South Wales (unless the regulations otherwise provide).
Clause 6 provides that a person does not hold a deemed local licence in New South Wales if the
person is disqualified in New South Wales from holding or applying for the local licence
concerned.
Clause 7 provides that if a licence held under the law of another jurisdiction is suspended in that
jurisdiction, the deemed local licence is also taken to be suspended.
Clause 8 provides that, if a recognised licence in another jurisdiction is subject to a condition or
limitation, the local licence that the person is deemed to hold is taken to be subject to the same
condition or limitation.
Clause 9 provides that a local licensing authority may enter into an arrangement with interstate
licensing authorities for the purposes of establishing a shared register of recognised licence
holders and for other purposes related to the recognition of recognised licences issued in another
jurisdiction.
Part 3 Disciplinary and enforcement action
Clause 10 defines the terms disciplinary action and enforcement action, which are used in the
proposed Part.
Clause 11 requires a local licensing authority to notify the relevant interstate licensing authority
of any disciplinary or enforcement action taken by the local licensing authority in respect of a
deemed local licence.
Clause 12 provides for particulars about disciplinary and enforcement action taken in another
jurisdiction against a NSW licence holder to be recorded in a relevant register kept by the local
licensing authority.
Part 4 Miscellaneous
Clause 13 enables the Governor to make regulations for the purposes of the proposed Act.
Clause 14 provides for the review of the proposed Act in 5 years.
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Explanatory note
Schedule 1 Savings, transitional and other provisions
Schedule 1 provides for the making of savings and transitional regulations consequent on the
enactment of the proposed Act or any Act that amends it.
Schedule 2 Amendment of Home Building legislation
Home Building Act 1989 No 147
Schedule 2.1 [1] omits refrigeration work and air-conditioning work from the definition of
specialist work in the Home Building Act 1989. This will mean that provisions of that Act that
regulate specialist work will no longer apply to refrigeration work or air-conditioning work
(including provisions that require a person to hold a specific authority under that Act for specialist
work).
Schedule 2.1 [3] omits a requirement that an individual who does refrigeration work or
air-conditioning work must hold an endorsed contractor licence, supervisor certificate or
tradesperson certificate authorising the person to do that work or to be under the immediate
supervision of the holder of an endorsed contractor licence or supervisor certificate that authorises
its holder to do refrigeration work or air-conditioning work.
Schedule 2.1 [4] removes mandatory continuing professional development obligations for the
holders of contractor licences, supervisor certificates and tradesperson certificates issued under
the Home Building Act 1989. The amendment also removes the power that allows refusal of the
renewal or restoration of an authority on the grounds that the applicant or its directors, partners or
employees have not completed approved further education courses or other training.
Schedule 2.1 [2] and [5] make consequential amendments.
Home Building Regulation 2004
Schedule 2.2 [1] omits the definitions of air-conditioning work and refrigeration work from the
Home Building Regulation 2004, as a consequence of the repeal of the provisions of the Act that
regulate that work as specialist work.
Schedule 2.2 [2] removes air-conditioning work and refrigeration work from the existing
prescribed categories of specialist work, as a consequence of the repeal of the provisions of the
Act that regulate that work as specialist work.
Schedule 2.2 [3] declares the disconnection and reconnection of refrigeration and air-conditioning
equipment that is fixed electrical equipment to be a category of specialist work under the Home
Building Act 1989, so that it will be a category of specialist work that a contractor licence or
supervisor certificate can be issued for.
Page 3
First print
New South Wales
Mutual Recognition (Automatic Licensed
Occupations Recognition) Bill 2014
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Mutual recognition of licences
4 Recognised licence to be a deemed local licence 3
5 Application of laws to deemed local licence holders 3
6 Effect of local licence disqualification 3
7 Effect of suspension of recognised licence 3
8 Conditions or limitations of deemed local licence 3
9 Arrangements between local and interstate licensing authorities 3
Part 3 Disciplinary and enforcement action
10 Definitions 4
11 Notification of disciplinary and enforcement action against
deemed local licence holder to interstate licensing authorities 4
12 Recording of particulars about disciplinary and enforcement
action in another jurisdiction 4
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Contents
Page
Part 4 Miscellaneous
13 Regulations 5
14 Review of Act 5
Schedule 1 Savings, transitional and other provisions 6
Schedule 2 Amendment of Home Building legislation 7
Page 2
New South Wales
Mutual Recognition (Automatic Licensed
Occupations Recognition) Bill 2014
No , 2014
A Bill for
An Act to provide for the automatic recognition of the licensing of certain occupations in other
jurisdictions, and for other purposes.
Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Mutual Recognition (Automatic Licensed Occupations Recognition) 4
Act 2014. 5
2 Commencement 6
This Act commences on a day or days to be appointed by proclamation. 7
3 Definitions 8
(1) In this Act: 9
another jurisdiction means another State or a Territory, or another jurisdiction 10
prescribed by the regulations. 11
deemed local licence means a local licence that a person is deemed to hold under this 12
Act as a result of being the holder in another jurisdiction of a recognised licence. 13
interstate licensing authority means a person or body having the function of issuing 14
a recognised licence under the law of another jurisdiction. 15
licence means a licence, permit, certificate, registration or other authorisation. 16
local law means the law of this jurisdiction under which a local licence is issued. 17
local licence means a licence that is prescribed by the regulations as a local licence 18
for the purposes of this Act. 19
local licensing authority means the person or body having the function of issuing a 20
local licence. 21
person means an individual. 22
recognised licence means a licence issued under a law of another jurisdiction that is 23
prescribed by the regulations under this Act as a recognised licence. 24
(2) Notes included in this Act do not form part of this Act. 25
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Part 2 Mutual recognition of licences
Part 2 Mutual recognition of licences 1
4 Recognised licence to be a deemed local licence 2
(1) A person who holds a recognised licence under the law of another jurisdiction is 3
deemed to hold the local licence (a deemed local licence) that is prescribed by the 4
regulations as equivalent to that recognised licence, but only if the person's principal 5
place of residence is in that other jurisdiction. 6
Note. The person is deemed to hold a local licence only while the recognised licence in the 7
other jurisdiction is in force. 8
(2) For the purposes of this section, a person's principal place of residence includes any 9
jurisdiction that was, within the last 3 months, the person's principal place of 10
residence. 11
(3) A person does not hold a deemed local licence in New South Wales if the person 12
actually holds the local licence concerned. 13
5 Application of laws to deemed local licence holders 14
A person who holds a deemed local licence is taken to hold the local licence for the 15
purposes of the laws of New South Wales except any provision of such a law that is 16
prescribed by the regulations as not applying to a deemed local licence holder, either 17
generally or in specified circumstances. 18
Note. Because a deemed local licence is treated as a local licence for all purposes, 19
disciplinary and enforcement action can be taken against the holder of a deemed local licence 20
in the same circumstances as that action can be taken against the holder of a local licence. 21
The same rights of appeal and review will apply in respect of any such action as apply in 22
respect of a local licence. 23
6 Effect of local licence disqualification 24
A person does not hold a deemed local licence under this Act if the person is 25
disqualified in New South Wales from holding or applying for the local licence 26
concerned. 27
7 Effect of suspension of recognised licence 28
The suspension in another jurisdiction of a recognised licence issued in that 29
jurisdiction operates to suspend the deemed local licence that is equivalent to that 30
recognised licence. 31
8 Conditions or limitations of deemed local licence 32
If a person's recognised licence in another jurisdiction is subject to a condition or 33
limitation, the person's deemed local licence in New South Wales is taken to be 34
subject to the same condition or limitation. 35
9 Arrangements between local and interstate licensing authorities 36
A local licensing authority may enter into arrangements with relevant interstate 37
licensing authorities for the purposes of establishing a shared register of recognised 38
licence holders and for other purposes related to the recognition of recognised 39
licences issued in other jurisdictions. 40
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Part 3 Disciplinary and enforcement action
Part 3 Disciplinary and enforcement action 1
10 Definitions 2
In this Part: 3
disciplinary action in respect of a licence means: 4
(a) the cancellation or suspension of the licence, or 5
(b) the imposition of conditions on the licence, or 6
(c) the imposition of any disqualification on the holder of the licence, or 7
(d) the making of an adverse finding or determination against the holder of the 8
licence, or 9
(e) the issue of a reprimand or caution to the holder of the licence, or 10
(f) the requiring of an undertaking from the holder of the licence, or 11
(g) the imposition of a monetary penalty on the holder of the licence, or 12
(h) any other action in respect of a licence that is prescribed by the regulations as 13
disciplinary action for the purposes of this Part. 14
enforcement action in respect of a licence means: 15
(a) the prosecution or conviction of, or the issue of a penalty notice to, the holder 16
of the licence for an offence, or 17
(b) any other action in respect of a licence that is prescribed by the regulations as 18
enforcement action for the purposes of this Part. 19
11 Notification of disciplinary and enforcement action against deemed local licence 20
holder to interstate licensing authorities 21
(1) A local licensing authority must notify the appropriate interstate licensing authority 22
of any disciplinary action or enforcement action taken by the local licensing authority 23
against a person in respect of a deemed local licence held by the person. The 24
appropriate interstate licensing authority is the interstate licensing authority that 25
issued the recognised licence that results in the person holding the deemed local 26
licence concerned. 27
(2) A local licensing authority is authorised to act under this section despite any law 28
relating to secrecy, privacy or confidentiality. 29
(3) This section does not affect any obligation or power to provide information under the 30
Mutual Recognition Act 1992 of the Commonwealth or the Trans-Tasman Mutual 31
Recognition Act 1997 of the Commonwealth. 32
12 Recording of particulars about disciplinary and enforcement action in another 33
jurisdiction 34
(1) A local licensing authority may record in a relevant register kept by the local 35
licensing authority particulars of any disciplinary action or enforcement action taken 36
in another jurisdiction against a person in respect of a recognised licence that the 37
person is deemed to hold in that jurisdiction as a result of holding a local licence 38
issued by the local licensing authority. 39
(2) An entry in a register pursuant to this section may be made in terms used to describe 40
the action in information provided to the local licensing authority by the interstate 41
licensing authority in the jurisdiction in which the action was taken. 42
(3) A relevant register is a register kept under a local law in which particulars about 43
disciplinary action or enforcement action concerning a local licence are authorised or 44
required to be included. 45
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous 1
13 Regulations 2
The Governor may make regulations, not inconsistent with this Act, for or with 3
respect to any matter that by this Act is required or permitted to be prescribed or that 4
is necessary or convenient to be prescribed for carrying out or giving effect to this 5
Act. 6
14 Review of Act 7
(1) The Minister is to review this Act to determine whether the policy objectives of the 8
Act remain valid and whether the terms of the Act remain appropriate for securing 9
those objectives. 10
(2) The review is to be undertaken as soon as possible after the period of 5 years from 11
the date of assent to this Act. 12
(3) A report on the outcome of the review is to be tabled in each House of Parliament 13
within 12 months after the end of the period of 5 years. 14
Page 5
Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions 1
Part 1 General 2
1 Regulations 3
(1) The regulations may contain provisions of a savings or transitional nature consequent 4
on the enactment of this Act or any Act that amends this Act. 5
(2) Any such provision may, if the regulations so provide, take effect from the date of 6
assent to the Act concerned or a later date. 7
(3) To the extent to which any such provision takes effect from a date that is earlier than 8
the date of its publication on the NSW legislation website, the provision does not 9
operate so as: 10
(a) to affect, in a manner prejudicial to any person (other than the State or an 11
authority of the State), the rights of that person existing before the date of its 12
publication, or 13
(b) to impose liabilities on any person (other than the State or an authority of the 14
State) in respect of anything done or omitted to be done before the date of its 15
publication. 16
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Mutual Recognition (Automatic Licensed Occupations Recognition) Bill 2014 [NSW]
Schedule 2 Amendment of Home Building legislation
Schedule 2 Amendment of Home Building legislation 1
2.1 Home Building Act 1989 No 147 2
[1] Section 3 Definitions 3
Omit paragraph (d) of the definition of specialist work in section 3 (1). 4
[2] Section 3 (1), definitions of "supervisor certificate" and "tradesperson certificate" 5
Omit "section 13, 14, 15 or 16" wherever occurring. Insert instead "section 13, 14 or 16". 6
[3] Section 15 Unqualified refrigeration or air-conditioning work 7
Omit the section. 8
[4] Section 40 Renewal or restoration of authorities 9
Omit section 40 (2D) and (2E). 10
[5] Section 106 Functions of Director-General under Act 11
Omit "gas, electricity, refrigeration and air conditioning" from section 106 (a). 12
Insert instead "gas and electricity". 13
2.2 Home Building Regulation 2004 14
[1] Clause 11 "Air-conditioning work" and "refrigeration work" defined 15
Omit the clause. 16
[2] Clause 46 Categories of residential building work or specialist work 17
Omit clause 46 (2) (g) and (h). 18
[3] Clause 46 (2) (k) 19
Insert after clause 46 (2) (j): 20
(k) disconnection and reconnection of refrigeration and air-conditioning 21
equipment that is fixed electrical equipment. 22
Page 7
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