Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"activity" means an activity authorised to be carried on under an occupation that requires registration.
"automatic deemed registration" has the meaning given by subsection 42D(3).
"commencement day" , for a State, means:
(a) the day this definition commences (unless paragraph (b) applies); or
(b) for a State that is a pre - adoption State on the day this definition commences--the day the State adopts this Act, as amended by the Mutual Recognition Amendment Act 2021 .
"conditions" , when used in relation to occupations or registration, means conditions, limitations or restrictions.
"covers" : an occupation covers an activity if a person must be registered for the occupation to carry on the activity.
"equivalent" , when used in relation to occupations, has a meaning affected by Division 4 of Part 3.
"first State" :
(a) in, and in relation to, Part 2--has the meaning given by subsection 8(2); and
(b) in, and in relation to, Part 3--has the meaning given by subsection 16(2).
"goods" means goods of any kind, and includes:
(a) animals; or
(b) a package containing goods; or
(c) a label attached to goods.
"grant" , when used in relation to registration, means grant, issue or otherwise confer registration.
"home State" has the meaning given by subsections 42A(3) and (4).
"home State registration" has the meaning given by paragraph 42D(1)(b).
"import" means import from outside Australia.
"interim deemed registration" has the meaning given by subsection 25(2).
"labelling" of goods includes any means by which, at the point of sale, information is attached to goods or is displayed in relation to goods without being attached to them.
"local registration authority" of a State for an occupation means the person or authority in the State having the function conferred by legislation of registering persons in connection with their carrying on that occupation in the State.
Note: Local registration authorities are given additional functions under this Act.
"mutual recognition matters" has the same meaning as in the Mutual Recognition (New South Wales) Act 1992 (NSW).
"mutual recognition principle" :
(a) as applying to goods--has the meaning given by subsection 8(1); and
(b) as applying to occupations that are equivalent--has the meaning given by subsection 16(1); and
(c) as applying to activities covered by occupations--has the meaning given by subsection 42A(1).
"occupation" means an occupation, trade, profession or calling of any kind that may be carried on only by registered persons, where registration is wholly or partly dependent on the attainment or possession of some qualification (for example, training, education, examination, experience, character or being fit or proper), and includes a specialisation in any of the above in which registration may be granted.
"participating jurisdiction" has the meaning given by subsection 5(4).
"pre-adoption State" means a State (other than a Territory) that is a participating jurisdiction, but which has not done either of the following:
(a) before the enactment of the Mutual Recognition Amendment Act 2021 , referred the mutual recognition matters to the Parliament of the Commonwealth to the extent of the making of laws with respect to those matters by making express amendments to this Act;
(b) adopted this Act, as amended by the Mutual Recognition Amendment Act 2021 .
"principal place of residence" of a person means the place of residence or home that the person primarily occupies, on an ongoing and permanent basis, as the person's settled or usual home.
"principal place of work" of a person, in relation to an activity covered by an occupation, means the place in which the person primarily carries on that occupation.
"produce" includes to manufacture, and also includes to harvest or otherwise produce in the course of any form of primary production.
"public protection requirement" means a requirement regarding insurance, fidelity funds, trust accounts, minimum financial requirements or the like that is designed to protect the public, clients, customers or others.
"registration" includes the licensing, approval, admission, certification (including by way of practising certificates), or any other form of authorisation, of a person required by or under legislation for carrying on an occupation.
"registration fee" has the meaning given by subsection 42K(2).
"requirements" :
(a) when used in relation to goods, means requirements, prohibitions, restrictions or conditions; and
(b) when used in relation to secrecy, privacy or confidentiality, means laws, binding administrative arrangements, directions or other limitations, protections or processes.
"second State" :
(a) in, and in relation to, Part 2--has the meaning given by subsection 8(2); and
(b) in, and in relation to, Part 3--has the meaning given by subsection 16(2); and
(c) in, and in relation to, Part 3A--has the meaning given by subsection 42A(2).
"second State occupation" has the meaning given by paragraph 42D(1)(c).
"sell" includes sell by wholesale or retail, and includes distribute for sale, expose or offer for sale or have in possession for sale or agree to sell, and includes barter, and includes supply by way of exchange, lease, hire or hire - purchase.
"State" includes the Australian Capital Territory or the Northern Territory.
"substantive registration" means registration under a law of a State, but does not include interim deemed registration or automatic deemed registration.
"Tribunal" means the Administrative Review Tribunal.
"vulnerable person character test" means a character test or a fit or proper person test conducted for the purposes of determining whether a person may carry on an activity in relation to children, young people or vulnerable people.
(2) This Act is to be interpreted in accordance with the Acts Interpretation Act 1901 as in force at the date on which this Act receives the Royal Assent.