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MUTUAL RECOGNITION ACT 1992 - SECT 42J

Notification for automatic deemed registration

  (1)   If a Minister of a State makes a determination under subsection   (4) in relation to a registration for an activity covered by an occupation, a person who intends to carry on the activity in the State in reliance on automatic deemed registration must notify the local registration authority for the occupation before the person begins to carry on the activity.

Note:   The person does not have automatic deemed registration without making the notification if it is required (see subparagraph   42D(4)(h)(i)).

Limitation on notifications

  (2)   The local registration authority must not require notification of anything that is not required by section   19 for the occupation that covers the activity, other than evidence of meeting relevant public protection requirements or satisfying a relevant vulnerable person character test.

Note:   For public protection requirements that must be met, see paragraph   42D(4)(f), and for any vulnerable person character test that must be satisfied, see paragraph   42D(4)(g).

  (3)   No fee is payable to the local registration authority in relation to the notification.

Determination by Minister

  (4)   A Minister of a State may, by legislative instrument, determine one or more registrations for which notification is required by subsection   (1).

Note:   The determination is not subject to disallowance under the Legislation Act 2003 (see subsection   44(1) of that Act).

  (5)   Despite subsection   54(1) of the Legislation Act 2003 , Part   4 of Chapter   3 (sunsetting) of that Act applies to a determination under subsection   (4) of this section.



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