Trans-Tasman Mutual Recognition Act 1997

A person who has deemed registration in an Australian jurisdiction may carry on the occupation in the jurisdiction as if the deemed registration were substantive registration in the jurisdiction.

However, the person may do so only—

within the limits conferred by the person’s substantive registration in New Zealand;

within the limits conferred by the person’s deemed registration in the Australian jurisdiction;

subject to any conditions or undertakings applying to the person’s registration in New Zealand, unless waived by the local registration authority of the Australian jurisdiction under this section; and

subject to any conditions applying to the person’s deemed registration.

Without limiting anything in this Division—

the person may not carry on the occupation in the Australian jurisdiction without complying with any requirements regarding insurance, fidelity funds, trust accounts and the like that are designed to protect the public, clients, customers or others;

a person who has deemed registration in an occupation in the Australian jurisdiction is subject to any disciplinary provisions and arrangements that are applicable to persons who are substantively registered in the jurisdiction; and

references in the law of the Australian jurisdiction to persons registered in an occupation under the law of the jurisdiction (however expressed) extend to persons who have deemed registration for the occupation under this Act.

However, the local registration authority of the Australian jurisdiction may waive any condition imposed under the law of New Zealand, or any undertaking given to the local registration authority of New Zealand, if it thinks it appropriate in the circumstances.

The local registration authority of the Australian jurisdiction may impose conditions as if deemed registration were substantive registration, but it must not impose conditions that are more onerous than would be imposed in similar circumstances (having regard to relevant qualifications and experience) if it were registration effected apart from this Part, unless they correspond to conditions or undertakings that apply to the person’s registration in New Zealand or that are necessary to achieve equivalence of occupations.