Commonwealth Consolidated Acts

MUTUAL RECOGNITION ACT 1992 - SECT 42L

Evidence of registration

  (1)   For the purposes of a law of the second State, if a person has automatic deemed registration to carry on an activity in the second State:

  (a)   evidence of the person's home State registration is taken to be evidence of the person's automatic deemed registration to carry on the activity in the second State (even if the evidence has been issued by the second State); and

  (b)   if the person is relying on evidence from the person's home State, the person must comply with any requirement of the law of the second State to provide evidence of the person's registration to the extent possible.

Note:   For example, a requirement in a second State for a person's registration number to be shown in the person's advertising would be complied with by the person showing their home State registration number in the advertising.

Licences etc.

  (2)   Despite any law of a State:

  (a)   a local registration authority in the State for an occupation that covers an activity is not required to give a person any evidence of the person's automatic deemed registration (such as a licence, approval or certification) to carry on the activity; but

  (b)   the local registration authority may give the person such evidence of the person's automatic deemed registration.

If the person is not given such evidence, the person is taken, for the purposes of a law of the State, to hold a licence, approval or certification or other evidence of registration for the activity.

Registers

  (3)   Despite any law of a State:

  (a)   a local registration authority in the State for an occupation that covers an activity is not required to include a person's name on a register (however described) if the person has automatic deemed registration to carry on the activity; but

  (b)   the local registration authority may include on the register the person's name, and any other information authorised or required to be on the register.

If the person's name is not included on the register, the person's name (and other information) is taken, for the purposes of a law of the State, to be included on the register.