Automatic Mutual Recognition Legislation Amendment Bill 2024

By Greg Warren MP

12 February 2025

Mr GREG WARREN (Campbelltown) (10:23): I am delighted to make a brief contribution to debate on the Automatic Mutual Recognition Scheme Legislative Amendment Bill 2024. At the outset, I note that I will refer to automatic mutual recognition as AMR. The bill amends several Acts across the Better Regulation and Fair Trading portfolio. I commend the Minister, his team and the department for bringing it before the House to ensure that the legislation is fit for purpose for the industry and all stakeholders. The amendments in the bill seek to clarify the application of the legislation to AMR practitioners and enable new occupations to participate in the AMR scheme. The proposed amendments will clarify the application of the law and the regulatory enforcement powers to AMR practitioners, as well as enhancing consumer protection measures for New South Wales residents.

I will now go into detail about the proposed amendments. Firstly, they will create a framework that enables NSW Fair Trading to calculate and impose compensation fund obligations on AMR operators working in New South Wales. Secondly, they will insert a new provision into relevant Acts to clarify that State laws apply equally to AMR operators as they do to New South Wales licence holders. Thirdly, they will insert a new provision to clarify that New South Wales regulatory powers have extraterritorial application insofar as the powers of the State permit.

Turning to the key numbers and information, since adopting AMR in July 2021, New South Wales has introduced 127 occupations under the AMR scheme, and over 720 eligible interstate workers have notified New South Wales regulators of their intention to participate in AMR. The bill will enable workers in up to 37 new occupations across the real estate and property, conveyancing, and motor dealer and repair industries to participate in the AMR scheme. Workers participating in AMR will save time and money. For example, a class 2 real estate agent in New South Wales pays $579 for a new one-year licence and compensation fund contribution. The introduction of AMR will allow an interstate licence holder to pay only $43 for one year for the mandatory compensation fund contribution. The bill enables new occupations to join the AMR scheme, and the Government is dedicated to supporting key industries and workers. I acknowledge and thank the Minister and his team for their broad stakeholder engagement to ensure that the legislation is fit for purpose.

The bill's proposed changes will remove barriers to enable more occupations to join the AMR scheme. Those amendments will allow interstate workers in conveyancing, real estate, automotive and other related occupations to work in New South Wales and to support New South Wales industries. The bill contains amendments that clarify that New South Wales laws apply to AMR operators working in the State. That is to ensure that all operators play by the same rules and consumers have the same level of protection. Those reforms will lead to consistency in the application of laws across all workers in key industries, regardless of their entry pathway to working in New South Wales.

The bill also enables NSW Fair Trading to undertake regulatory activity fairly across all workers for the benefit of New South Wales consumers. The Government is committed to ensuring that consumers across New South Wales are protected from harm. The bill enhances consumer protection measures to ensure that AMR practitioners meet the mandatory compensation fund obligations required across the conveyancing, real estate and motor dealer industries, regardless of where they are licensed. Those industry compensation funds have been set up to assist New South Wales citizens who are out of pocket because traders have breached their obligations.

The bill also ensures that New South Wales regulators have the extraterritorial powers required to take action against AMR practitioners in the case of misconduct. That will ensure that regulators have adequate and fair compliance and enforcement powers to protect New South Wales consumers. The bill also seeks to reduce the time and cost burden imposed on workers seeking a licence in New South Wales where they already hold a licence in another Australian State or Territory. That very commonsense amendment will ease the burden and provide support to the industry. The duplication of licence application forms and fees is an unnecessary and costly deterrent to worker mobility and to skilled workers supporting New South Wales industry. The bill removes many of those barriers.

Of course, improving mobility, reducing red tape and costs for workers in key industries, and enhancing consumer protection measures for New South Wales residents is a key part of the legislation. The bill demonstrates this Government's continued dedication to supporting workers whilst also protecting consumers across New South Wales. In closing, I take this opportunity to thank the Minister and the staff in his office and the department who have worked diligently to ensure that these reforms came before us today, and that they are fit for purpose to provide balance and fairness to consumers and the broader industry as well as the workers. I commend the bill to the House.