2014
2014
2014-12-01
act
government
publicgeneral
act.reprint
allinforce
2014-05-28
2014-09-17
1
act-2014-051
7d04e865-f557-4397-810c-fa9b7d62fed9
aabf40f3-8b8e-457d-88e1-031b68003309
2014
none
An Act to provide for the automatic recognition
of the licensing of certain occupations in other jurisdictions, and for other
purposes.
Part 1Preliminary
1Name of Act
This Act is the Mutual
Recognition (Automatic Licensed Occupations Recognition) Act
2014.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Definitions
(1)
In this Act:
another
jurisdiction means another State or a Territory or New
Zealand.
deemed local
licence means a local licence that a person is deemed to
hold under this Act as a result of being the holder in another jurisdiction of
a recognised licence.
interstate licensing
authority means a person or body having the function of
issuing a recognised licence under the law of another
jurisdiction.
licence means a licence,
permit, certificate, registration or other authorisation.
local law means the law of
this jurisdiction under which a local licence is issued.
local licence means a
licence that is prescribed by the regulations as a local licence for the
purposes of this Act.
local licensing
authority means the person or body having the function of
issuing a local licence.
person means an
individual.
recognised licence
means a licence issued under a law of another jurisdiction that is prescribed
by the regulations under this Act as a recognised
licence.
(2)
Notes included in this Act do not form part of
this Act.
Part 2Mutual recognition of licences
4Recognised licence to be a deemed local
licence
(1)
A person who holds a recognised licence under the
law of another jurisdiction is deemed to hold the local licence (a deemed local
licence) that is prescribed by the regulations as equivalent
to that recognised licence, but only if the person’s principal place of
residence is in that other jurisdiction.
Note—
The person is deemed to hold a local licence only
while the recognised licence in the other jurisdiction is in
force.
(2)
For the purposes of this section, a
person’s principal place of residence includes any jurisdiction that
was, within the last 3 months, the person’s principal place of
residence.
(3)
A person does not hold a deemed local licence in
New South Wales if the person actually holds the local licence
concerned.
5Application of laws to deemed local licence
holders
A person who holds a deemed local licence is
taken to hold the local licence for the purposes of the laws of New South
Wales except any provision of such a law that is prescribed by the regulations
as not applying to a deemed local licence holder, either generally or in
specified circumstances.
Note—
Because a deemed local licence is treated as a
local licence for all purposes, disciplinary and enforcement action can be
taken against the holder of a deemed local licence in the same circumstances
as that action can be taken against the holder of a local licence. The same
rights of appeal and review will apply in respect of any such action as apply
in respect of a local licence.
6Effect of local licence
disqualification
A person does not hold a deemed local licence
under this Act if the person is disqualified in New South Wales from holding
or applying for the local licence concerned.
7Effect of suspension of recognised
licence
The suspension in another jurisdiction of a
recognised licence issued in that jurisdiction operates to suspend the deemed
local licence that is equivalent to that recognised
licence.
8Conditions or limitations of deemed local
licence
If a person’s recognised licence in another
jurisdiction is subject to a condition or limitation, the person’s
deemed local licence in New South Wales is taken to be subject to the same
condition or limitation.
9Arrangements between local and interstate licensing
authorities
A local licensing authority may enter into
arrangements with relevant interstate licensing authorities for the purposes
of establishing a shared register of recognised licence holders and for other
purposes related to the recognition of recognised licences issued in other
jurisdictions.
Part 3Disciplinary and enforcement action
10Definitions
In this Part:
disciplinary action in
respect of a licence means:
(a)
the cancellation or suspension of the licence,
or
(b)
the imposition of conditions on the licence,
or
(c)
the imposition of any disqualification on the
holder of the licence, or
(d)
the making of an adverse finding or determination
against the holder of the licence, or
(e)
the issue of a reprimand or caution to the holder
of the licence, or
(f)
the requiring of an undertaking from the holder
of the licence, or
(g)
the imposition of a monetary penalty on the
holder of the licence, or
(h)
any other action in respect of a licence that is
prescribed by the regulations as disciplinary action for the purposes of this
Part.
enforcement action in
respect of a licence means:
(a)
the prosecution or conviction of, or the issue of
a penalty notice to, the holder of the licence for an offence,
or
(b)
any other action in respect of a licence that is
prescribed by the regulations as enforcement action for the purposes of this
Part.
11Notification of disciplinary and enforcement action against
deemed local licence holder to interstate licensing
authorities
(1)
A local licensing authority must notify the
appropriate interstate licensing authority of any disciplinary action or
enforcement action taken by the local licensing authority against a person in
respect of a deemed local licence held by the person. The appropriate
interstate licensing authority is the interstate licensing
authority that issued the recognised licence that results in the person
holding the deemed local licence concerned.
(2)
A local licensing authority is authorised to act
under this section despite any law relating to secrecy, privacy or
confidentiality.
(3)
This section does not affect any obligation or
power to provide information under the Mutual Recognition Act
1992 of the Commonwealth or the Trans-Tasman Mutual
Recognition Act 1997 of the
Commonwealth.
12Recording of particulars about disciplinary and enforcement
action in another jurisdiction
(1)
A local licensing authority may record in a
relevant register kept by the local licensing authority particulars of any
disciplinary action or enforcement action taken in another jurisdiction
against a person in respect of a recognised licence that the person is deemed
to hold in that jurisdiction as a result of holding a local licence issued by
the local licensing authority.
(2)
An entry in a register pursuant to this section
may be made in terms used to describe the action in information provided to
the local licensing authority by the interstate licensing authority in the
jurisdiction in which the action was taken.
(3)
A relevant register is
a register kept under a local law in which particulars about disciplinary
action or enforcement action concerning a local licence are authorised or
required to be included.
Part 4Miscellaneous
13Regulations
The Governor may make regulations, not
inconsistent with this Act, for or with respect to any matter that by this Act
is required or permitted to be prescribed or that is necessary or convenient
to be prescribed for carrying out or giving effect to this
Act.
14Review of Act
(1)
The Minister is to review this Act to determine
whether the policy objectives of the Act remain valid and whether the terms of
the Act remain appropriate for securing those
objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 5 years from the date of assent to this
Act.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 5 years.
Schedule 1Savings,
transitional and other provisions
Part 1General
1Regulations
(1)
The regulations may contain provisions of a
savings or transitional nature consequent on the enactment of this Act or any
Act that amends this Act.
(2)
Any such provision may, if the regulations so
provide, take effect from the date of assent to the Act concerned or a later
date.
(3)
To the extent to which any such provision takes
effect from a date that is earlier than the date of its publication on the NSW
legislation website, the provision does not operate so as:
(a)
to affect, in a manner prejudicial to any person
(other than the State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b)
to impose liabilities on any person (other than
the State or an authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Historical notes
Table of amending instruments
Mutual Recognition
(Automatic Licensed Occupations Recognition) Act 2014 No
51. Assented to 25.9.2014. Date of commencement, 1.12.2014, sec 2 and
2014 (748) LW 28.11.2014.