Commentary on provisions of Act Section 14: Protection of regulator autonomy
This Section prevents an "appropriate national authority" making regulations under Sections 1, 3 or 4 unless two conditions which protect regulators’ autonomy are met; namely the regulations do not affect regulators’ ability to prevent an unfit individual from practising a profession, and that regulations cannot have a material adverse effect on standards required to practise a profession.
	Subsection (1) provides that an "appropriate national authority" can only make regulations under Sections 1, 3 or 4 if it is satisfied that the conditions in subsections (2) and (3) are both met.
	Subsection (2) stipulates that the regulations do not remove the ability of any regulator of a regulated profession to prevent individuals who are unfit to practise the profession from doing so. Subsection (4) defines what is included as being "unfit to practise" within the meaning of this Section. This means that under regulations made under Sections 1,3 and 4 of the Act, regulators will retain the ability to make the ultimate decision about whether individuals can practise a profession.
	Subsection (3) stipulates that the regulations will not have a material adverse effect on any regulated profession in terms of the knowledge and skills of the individuals practising it. This means that before an "appropriate national authority" makes regulations with respect to a profession under these Sections, it must ensure that those regulations would not have a negative impact on the knowledge, skills or experience of individuals who practise that profession.
	Subsection (4) defines that being "unfit to practise" a profession, as used in subsection (2), includes being unfit to practise the profession due to an individual’s character, lack of knowledge, skills or experience, or otherwise.
	Subsection (5) defines that "practising a profession", as used in this Section, includes undertaking activities that comprise the practise of the profession or using a title associated with the practise of the profession.