Document ID: chunk:federal_register_of_legislation:F2024L00806:clause:1_6:p1
Version: federal_register_of_legislation:F2024L00806
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 1/3)
Character Range: 1989–5540

6  Exemptions
 (1) For the purposes of paragraph 42S(1)(a) of the Act, a registration in column 1 of the table in subsection (3) of this section is excluded from the operation of automatic deemed registration in New South Wales.
 (2) For the purposes of subsection 42S(2) of the Act, column 2 of the table in subsection (3) of this section sets out a statement of the risk to consumer protection, the environment, animal welfare or the health or safety of workers or the public in relation to each registration in column 1.
 (3) The table is as follows:

Exemptions for the purposes of paragraph 42S(1)(a)
                                                    Column 1                                                                                  Column 2

Item                                                Registration                                                                              Statement of risk
    1.                                              Consulting radiation expert accreditation under the Radiation Control Act 1990 (NSW)      Significant risk to consumer protection and health and safety of workers and patients through unintended exposure to radiation due to equipment being incorrectly serviced and calibrated. There are large differences in accreditation, terminology, operating conditions, and activities across the jurisdictions, which in many cases do not provide equivalent protection as that in NSW. The NSW Government and consumers need to have confidence that consulting radiation experts from other jurisdictions understand specific NSW laws and processes to ensure equipment that uses radiation is correctly assessed, calibrated, and maintained.
  2.                                                Site auditor accreditation under the Contaminated Land Management Act 1997 (NSW)          Significant risk to consumer protection, the environment and public health as an incorrect assessment of the nature and extent of land contamination may be illegal, costly to rectify and result in adverse impacts on public health and the environment. There are technical, policy and legislative requirements that are specific to NSW. The NSW Government and consumers need to have confidence that site auditors from other jurisdictions understand specific NSW laws and processes to ensure audits and assessments are conducted correctly.
  3.                                                Pyrotechnician's licences under the Explosives Act 2003 (NSW)                             Significant risk to public safety as NSW Police Force needs to retain the authority to conduct probity checks on operators entering NSW and restrict access to persons deemed unsuitable.
  4.                                                Licences and registration schemes under the Greyhound Racing Act 2017 (NSW)               Significant risk to consumer protection and animal welfare as the NSW racing controlling bodies are unable conduct a probity assessment which could lead to criminal elements, including organised crime, money laundering, race fixing and illicit or performance enhancing human and equine drug use. New South Wales has a statutory obligation to assess an applicant's fitness taking into account a broader list of criminal convictions than other Australian jurisdictions.
  5.                                                Licences and registration schemes under the Harness Racing Act 2009 (NSW)                 Significant risk to consumer protection, health and safety of workers in the harness racing industry,