Commonwealth Consolidated Acts

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MUTUAL RECOGNITION ACT 1992 - SECT 42N

Notifying other local registration authorities of suspension or cancellation

  (1)   This section applies if a local registration authority (the second State authority ) in the second State suspends or cancels a person's automatic deemed registration to carry on an activity.

Providing information of suspension or cancellation

  (2)   The second State authority must, without delay, notify all other local registration authorities for occupations that cover the activity in all other States of the following:

  (a)   the person's name and address;

  (b)   information identifying the person's automatic deemed registration;

  (c)   the fact that disciplinary action was taken to suspend or cancel the automatic deemed registration (unless the cancellation was done at the request of the person as mentioned in paragraph   42G(2)(a));

  (d)   whether the suspension or cancellation would be subject to an appeal;

  (e)   information relating to the reason for taking the action;

  (f)   if the registration is suspended--the period of the suspension;

  (g)   any information requested by another local registration authority to:

  (i)   determine whether a person's registration for an occupation should be reinstated; or

  (ii)   ensure completeness of its registers.

  (3)   The other local registration authorities must notify the second State authority of any other information reasonably required in relation to the suspension or cancellation.

Registers and publication

  (4)   The second State authority must:

  (a)   record the suspension or cancellation in any register in which the second State authority records other suspensions or cancellations of registrations; and

  (b)   publish notice of the suspension or cancellation in accordance with any law that requires the local registration authority to publish suspensions or cancellations of registrations.

  (5)   Any other local registration authority may also:

  (a)   update its registers accordingly; and

  (b)   publish information about the suspension or cancellation in accordance with any law that requires the other local registration authority to publish suspensions or cancellations of registrations.

Application of this section

  (6)   Information may be provided under this section despite any requirements relating to secrecy, privacy or confidentiality.

  (7)   Nothing in this section affects any obligation or power to provide information apart from this section.

Receiving information

  (8)   A local registration authority that receives information under this section:

  (a)   is subject to any requirements relating to secrecy, privacy or confidentiality that would apply if the information were provided from within the State in which the authority is constituted or exercises its functions; and

  (b)   may use the information for the purposes of the person's registration (whether under this Act or otherwise) in the State.


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