Automatic mutual recognition and chemical use licensing
The automatic mutual recognition (AMR) laws for occupational licensing were introduced 1 July 2021 in Victoria. AMR has also commenced in the other states and territories with the exception of Queensland.
For participating states and territories, AMR allows individuals to perform the activities they are licensed to do in their home state in another participating jurisdiction without the need to obtain a second licence or pay an additional fee. The scope of work in Victoria is generally limited to the scope of work authorised by the licence in the home jurisdiction. If the licence expires in the home jurisdiction, then AMR no longer applies in the host jurisdiction.
Non-compliance against state or territory laws or licence conditions on a home state or territory licence can lead to suspension or cancellation of the person’s right to work in the second state or territory.
AMR does not apply to business licensing (see below for additional detail on businesses).
The application of AMR to agricultural chemical use licensing in Victoria is outlined below.
Pilots from participating states or territories who are licensed to undertake aerial spraying in their home state (including those for Remotely Piloted Aircraft) may operate in Victoria under AMR. State and territory Departments of Agriculture, Health or Environment issue a ‘Pilot Chemical Rating Licence’ or equivalent to authorise pilots to undertake aerial spraying in their state or territory.
Interstate pilots operating in Victoria under AMR must abide by all the relevant legislation in Victoria, including Agricultural Chemical Control Areas. RPA Pilots must abide by the additional conditions for aerial spraying from RPA in Victoria.
Interstate aerial spraying operators (the aerial spraying business or aircraft owner, leaseholder or equivalent) must hold an Agricultural Aircraft Operator Licence (AAOL) issued by Agriculture Victoria to operate in Victoria. AMR does not apply to the AAOL, which is a business licences.
Commercial ground sprayers
The fee-for-service application of agricultural chemicals (commercial ground spraying) in Victoria is authorised via a business licence called the Commercial Operator Licence.
As AMR only applies to individuals, only individuals (sole traders) whose spraying business is licensed in a participating state or territory may operate under AMR in Victoria.
Corporate entities and any other business structures other than an individual operating as a sole trader, must hold a Commercial Operator Licence issued by Agriculture Victoria to undertake commercial spraying in Victoria.
Pest control operators
Interstate pest control operators should contact the Department of Health pest control unit.
Victorian licence holders operating in other states and territories
Victorian licence holders who wish to undertake their licensed occupation in another state or territory must refer to the relevant state or territory regulator to determine the host jurisdiction’s requirements.
Licensed workers and businesses can find out more information about automatic mutual recognition by visiting the Department of Treasury and Finance.