Commonwealth Consolidated Acts

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MUTUAL RECOGNITION ACT 1992 - SECT 3A

Simplified outline of this Act

The purpose of this Act is to promote the goal of freedom of movement of goods and service providers in a national market in Australia.

Part   2 allows goods that have been produced in or imported into a first State to be sold in a second State without needing to comply with certain requirements in the second State (such as requirements relating to the standards of the goods or the way the goods are presented). Goods may be permanently or temporarily exempted from the application of that Part.

Part   3 provides for individuals who are registered for an occupation in one State to be registered for, and carry on the activities of, an equivalent occupation in a second State. Ministers from 2 or more States may determine which occupations are equivalent between their States.

Part   3A provides for individuals who are registered for an occupation in their home State to carry on activities covered by their home State occupation in a second State. The activities are carried on in the second State under automatic deemed registration. A State Minister may exempt registrations from automatic deemed registration because of a significant risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public.

The mutual recognition principle underlies each of Parts   2, 3 and 3A.

The power to enact this Act is provided by:

  (a)   the States referring to the Parliament of the Commonwealth the power to enact this Act as originally enacted or subsequently amended, under paragraph   51(xxxvii) of the Commonwealth Constitution; and

  (b)   the States adopting this Act as originally enacted or subsequently amended, under paragraph   51(xxxvii) of the Commonwealth Constitution; and

  (c)   section   122 of the Commonwealth Constitution (which deals with Territories).



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