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MUTUAL RECOGNITION ACT 1992 - SECT 42A

Mutual recognition--activities covered by occupations

  (1)   The mutual recognition principle as applying to activities covered by occupations is as set out in this Part.

Note 1:   Part   3 provides for mutual recognition of occupations that are equivalent.

Note 2:   For the definition of activity , see subsection   4(1).

  (2)   This Part deals with the ability of a person who is registered for an occupation in the person's home State to carry on an activity covered by an occupation in another State (the second State ).

  (3)   The home State for a person for an occupation is either of the following in which the person is registered for the occupation (other than because of this Part):

  (a)   the State in which the person has their principal place of residence;

  (b)   the State in which the person has their principal place of work for the occupation.

If the person's home State under paragraphs   (a) and (b) in relation to an occupation is different, the person's home State is whichever of the 2 States is chosen by the person.

  (4)   A person can continue to claim their previous home State for an occupation as their home State for the occupation if:

  (a)   the person moves their principal place of residence or principal place of work for the occupation to another State; and

  (b)   the person continues to be registered for the occupation in their previous home State; and

  (c)   the person has interim deemed registration in the other State for an equivalent occupation.

Note 1:   Interim deemed registration in one State does not of itself provide a basis for registration in another State (see subsection   25(3)).

Note 2:   A reference in this Part to a State does not include a reference to a pre - adoption State, unless the expression "any State" is used (see subsection   42C(3)).



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