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
- 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.
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.
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.