Commonwealth Consolidated Acts

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MUTUAL RECOGNITION ACT 1992 - SECT 42E

Person may carry on activities in second State

  (1)   To avoid doubt, a person who has automatic deemed registration to carry on an activity is entitled to carry on the activity in the second State to the same extent that the person is authorised to carry on the activity in their home State.

  (2)   However, subject to this Division, the carrying on by the person of the activity in the second State is subject to the laws of the second State, to the extent that those laws:

  (a)   apply equally to all persons carrying on or seeking to carry on the activity 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 activity.

  (3)   To avoid doubt, a law imposing a public protection requirement or requiring a vulnerable person character test is not a law based on the attainment or possession of some qualification or experience relating to fitness to carry on activities.

Note:   A person will not have automatic deemed registration if they do not meet or satisfy relevant public protection requirements or a relevant vulnerable person character test (see paragraphs 42D(4)(f) and (g)).



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