Mutual Recognition (Queensland) Act 1992 - Queensland

Service summary

To enable the enactment of uniform legislation relating to the recognition of regulatory standards adopted in Australia regarding goods and services, and registered occupations and professions.

The Act adopts the provisions of the Commonwealth Mutual Recognition Act 1992 in relation to goods and occupations.

The Queensland Act provides that:

  • a person who is registered to carry on an occupation in another state or territory is entitled, after notifying the appropriate registration authority in Queensland, to be registered and carry on the equivalent occupation in Queensland;

  • an Australian producer or importer, whose goods meet the requirements for sale in the state or territory where they were produced or imported, may sell those goods in Queensland without the need for further assessment or testing.

Certain goods are excluded from mutual recognition, namely:

  • firearms and other prohibited or offensive weapons
  • fireworks
  • gaming machines
  • pornographic material

These goods will continue to be regulated by individual states and territories.

The following guides or booklets are available:

  • guidelines and other information are available from each local registration authority relating to the occupation for which the authority is responsible.

  • general information and guidance on mutual recognition is available in the Commonwealths User Guide to the Mutual Recognition Agreement and the Trans-Tasman Mutual Recognition Arrangement. This guide is available on the Council of Austrsalian Governments' website.

Service type

Regulatory Obligation

An obligation defined in law. A business must comply with relevant services.

Definition of terms

Equivalent occupation

General principle

An occupation for which persons may be registered in the first State is taken to be equivalent to an occupation for which persons may be registered in the second State if the activities authorised to be carried out under each registration are substantially the same (whether or not this result is achieved by means of the imposition of conditions).

In addition to this general principle, ministerial declarations have been made under the Mutual Recognition Act 1992 specifying that certain occupations are equivalent for the purposes of the Act. Information on occupations that have been deemed equivalent under ministerial declarations can be accessed via www.licencerecognition.gov.au

Goods

goods of any kind and includes animals; a package containing goods; a label attached to goods.

Occupation

an occupation, trade, profession or calling that may only be carried on by registered persons, where registration is wholly or partly dependent on the attainment or possession of some qualification (e.g. training, education, examination, experience, character or being fit and proper), and includes a specialisation in any of the above in which registration may be granted.

Registration

includes the licensing, approval, admission, certification (including practicing certificates) or any other form of authorisation of a person required by, or under, legislation for the carrying on of an occupation.

Additional information

Mutual recognition legislation has been passed by the Commonwealth and all Australian states and territories and therefore operates reciprocally between all states and territories.

Mutual recognition of goods and occupations between Australia and New Zealand is also legislated for in Queensland under the Trans Tasman Mutual Recognition (Queensland) Act 2003.

Appeal

Appeal process

Lodgement

Compliance Mechanisms and Penalties:

Producers or importers of goods in another state or territory are required to comply with Queensland laws regulating the manner of the sale of goods, the conduct of business and the transportation, storage, handling and inspection of goods within the state.

Applicants seeking mutual recognition of  a registration issued in another state or territory in Queensland may lodge a written notification with the relevant registration authority in Queensland, seeking registration for an equivalent occupation in accordance with the requirements of the Mutual Recognition (Queensland) Act 1992. The registration authority must take action within 1 month of receiving notification, to grant, refuse or postpone registration pending investigation.  If no action is taken by the registration authority within that period, registration is automatic.

The registration authority may postpone the grant of the registration if statements, information or documents provided by the applicant are materially false or misleading or the registration authority decides that the occupation in which the registration is sought is not an "equivalent occupation".

Once registration is granted, a person is subject to any legislative requirements of the state on renewal of the registration. A person is also subject to the legislative requirements of the state with respect to the conduct of that occupation.

Penalties are not imposed under this Act, but under relevant legislation which may apply to the business activity or occupation, offences may result in suspension or cancellation of a registration, or the imposing of conditions on it.

Review or Appeal Mechanisms:

An application may be made to the Administrative Appeals Tribunal for a review of a decision to refuse registration in an occupation, or to impose conditions on, suspend or cancel a registration.


Administering agency

Queensland Treasury
Treasury Office
Regulatory Reform Branch

Contact details

Queensland Treasury
Treasury Office
Regulatory Reform Branch


Operating address:
Queensland Treasury, Level 8 100 George Street
Brisbane
Queensland 4000
Mailing address:
GPO Box 611
Brisbane
Queensland 4001

Phone:

0730351823
rrb@treasury.qld.gov.au

Website:

Queensland Treasury Opens in a new browser window

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.