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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ARCHITECTS BILL 2002
Queensland
ARCHITECTS BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Objects
3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 How main objects are achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Application of Act
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Mutual recognition legislation not affected. . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Interpretation
7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--REGISTRATION OF ARCHITECTS
Division 1--Preliminary
8 Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Eligibility for registration
9 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 When applicant is qualified for registration . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Fitness to practise as an architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 3--Decision on applications for registration
12 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Grant of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Period of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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Division 4--Renewal and restoration of registrations
Subdivision 1--Preliminary
16 Meaning of "continuing competency requirements". . . . . . . . . . . . . . . . . . . 15
17 Notification of expiry of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 2--Renewal
18 Applying for renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Registration in force while application is considered . . . . . . . . . . . . . . . . . . 17
20 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Refusal to renew registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 3--Restoration
23 Applying for restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
24 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
25 Restoration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Refusal to restore registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 5--Lapsing of applications
27 Lapsing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 6--Cancellation of registrations
28 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
29 Procedure for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 7--Offences about registration
30 False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
31 False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
32 Notification about particular matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 8--Miscellaneous
33 Surrender of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
34 Form of certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Refund of fees--withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--COMPLAINTS AND INVESTIGATIONS
Division 1--Grounds for disciplining architects
36 Grounds for disciplining an architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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Architects Bill 2002
Division 2--Complaints
37 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
38 Board may require further information or statutory declaration . . . . . . . . . . 25
39 Rejection of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
40 Withdrawal of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3--Investigations
41 Investigation of architect's conduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
42 Investigation of compliance with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Investigation to be conducted as quickly as possible . . . . . . . . . . . . . . . . . . 26
44 Notice of investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
45 Board may engage persons to help investigation . . . . . . . . . . . . . . . . . . . . . 27
Division 4--Investigators
46 Function of investigator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Appointment of investigators and other matters
48 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
49 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 28
50 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
51 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
52 When investigator ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
53 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
54 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 6--Powers of board and investigators
55 Power to require information or attendance . . . . . . . . . . . . . . . . . . . . . . . . . 30
56 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
57 Inspection and copying of produced documents . . . . . . . . . . . . . . . . . . . . . . 31
Division 7--Seizure of documents
58 Seizing document as evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
59 Receipt for seized document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
60 Investigator to give seized document to board . . . . . . . . . . . . . . . . . . . . . . . 32
61 Access to seized document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
62 Return of seized document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
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Division 8--Notice of damage and compensation
63 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
64 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 9--Offences about investigations
65 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
66 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
67 Obstructing board or investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
68 Impersonation of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 4--REPORTS AND BOARD'S DECISIONS ABOUT
INVESTIGATIONS
69 Board's report about investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
70 Report about investigation being conducted . . . . . . . . . . . . . . . . . . . . . . . . . 35
71 Investigator's report about investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
72 Board may report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
73 Board's decision on investigation about architects . . . . . . . . . . . . . . . . . . . . 36
74 Notice of result of investigation about architects . . . . . . . . . . . . . . . . . . . . . 36
75 Board's decision about other investigations . . . . . . . . . . . . . . . . . . . . . . . . . 37
76 Board to take action as soon as practicable . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 5--BOARD OF ARCHITECTS OF QUEENSLAND
Division 1--Establishment
77 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
78 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
79 Board's independence etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 2--Functions and powers
80 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
81 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 3--Membership
82 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
83 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
84 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
85 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
86 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
87 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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88 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
89 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 43
90 Report about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 4--Business and meetings
91 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
92 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
93 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
94 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
95 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
96 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 5--Disclosure of interests by board members
97 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 6--Directions by Minister and performance agreements
98 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
99 Performance agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 7--Registrar of board
100 Appointment and function of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
101 Board to reimburse cost of registrar's services . . . . . . . . . . . . . . . . . . . . . . . 48
Division 8--Register
102 Keeping register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
103 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 9--Other provisions about the board
104 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
105 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
106 Board to reimburse tribunal costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
107 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 6--CODES OF PRACTICE
108 Board to make code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
109 Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
110 Inspection of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
111 Notice of approval or amendment of code . . . . . . . . . . . . . . . . . . . . . . . . . . 53
112 Use of code of practice in a disciplinary proceeding . . . . . . . . . . . . . . . . . . 53
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PART 7--OTHER OFFENCE PROVISIONS
113 Claims about being an architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
114 Using titles or names etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
115 Claims about provision of architectural services. . . . . . . . . . . . . . . . . . . . . . 54
116 Providing information about architects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
117 Information on correspondence about architectural services . . . . . . . . . . . . 55
118 Information for advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
PART 8--REVIEWS AND DISCIPLINARY PROCEEDINGS
Division 1--Preliminary
119 Application of Tribunal Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
120 Representation at proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 2--Reviews
121 Review of particular decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
122 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
123 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
124 Effect of review on operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
125 Information about review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 3--Disciplinary proceedings
126 Tribunal may conduct disciplinary proceeding . . . . . . . . . . . . . . . . . . . . . . . 58
127 Starting disciplinary proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
128 Tribunal to have regard to code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . 59
129 Continuation of particular proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
130 Orders relating to architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
131 Orders relating to former architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
132 Effect of particular orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
133 Recording details of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
PART 9--LEGAL PROCEEDINGS
Division 1--Evidence
134 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
135 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
136 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
137 Evidentiary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
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Division 2--Offence proceedings
138 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
139 False or misleading information or statements . . . . . . . . . . . . . . . . . . . . . . . 63
PART 10--OTHER MATTERS
140 Performance and carrying out of architectural services by
particular entities ........................................ 64
141 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
142 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
143 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 11--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
144 Repeal of Architects Act 1985. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2--Transitional provisions
Subdivision 1--Preliminary
145 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 2--Transitional references
146 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
147 References to former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 3--Other transitional provisions
148 Dissolution of former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
149 Particular members of former board continue in office. . . . . . . . . . . . . . . . . 67
150 First appointment of particular member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
151 Employees of former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
152 Vesting of former board's assets, rights and liabilities . . . . . . . . . . . . . . . . . 68
153 Vesting of former board's pending legal proceedings . . . . . . . . . . . . . . . . . . 68
154 Dissolution of disciplinary panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
155 Complaints under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
156 Disciplinary proceeding started before commencement . . . . . . . . . . . . . . . . 69
157 Continuing investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
158 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
159 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
160 Existing approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
161 Existing applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
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162 Continuing effect of qualifications under repealed Act. . . . . . . . . . . . . . . . . 72
163 Matters about prescribed examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
164 Fees for prescribed examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
165 Refund of fees--approved architectural company . . . . . . . . . . . . . . . . . . . . 73
PART 12--CONSEQUENTIAL AMENDMENTS
166 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 74
CONSEQUENTIAL AMENDMENTS
BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . 74
DOMESTIC BUILDING CONTRACTS ACT 2000 . . . . . . . . . . . . . . . . . . 74
QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . 74
SUBCONTRACTORS' CHARGES ACT 1974 . . . . . . . . . . . . . . . . . . . . . . 75
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 76
DICTIONARY
2002
A BILL
FOR
An Act to provide for the registration of architects, and for other
purposes
s1 10 s4
Architects Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Architects Act 2002. 5
2 Commencement 6
(1) The following provisions of this Act commence on assent-- 7
(a) part 1, division 4; 8
(b) part 11, division 2, subdivision 1; 9
(c) section 149; 10
(d) schedule 2. 11
(2) The remaining provisions of this Act commence on 1 January 2003. 12
Division 2--Objects 13
3 Main objects of Act 14
The main objects of this Act are-- 15
(a) to protect the public by ensuring architectural services of an 16
architect are provided in a professional and competent way; and 17
(b) to maintain public confidence in the standard of services 18
provided by architects; and 19
(c) to uphold the standards of practice of architects. 20
4 How main objects are achieved 21
The main objects are to be achieved primarily by-- 22
s5 11 s7
Architects Bill 2002
(a) providing for the registration of individuals as architects under 1
this Act; and 2
(b) providing for the monitoring and enforcement of compliance 3
with this Act; and 4
(c) imposing obligations on persons about the practice of 5
architecture; and 6
(d) establishing the Board of Architects of Queensland. 7
Division 3--Application of Act 8
5 Act binds all persons 9
(1) This Act binds all persons, including the State. 10
(2) Subsection (1) does not make the State liable to be prosecuted for an 11
offence. 12
6 Mutual recognition legislation not affected 13
This Act does not affect the operation of the Mutual Recognition 14
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 15
(Queensland) Act 1999. 16
Division 4--Interpretation 17
7 Definitions 18
The dictionary in schedule 2 defines particular words used in this Act. 19
s8 12 s9
Architects Bill 2002
PART 2--REGISTRATION OF ARCHITECTS 1
Division 1--Preliminary 2
8 Applying for registration 3
(1) Only an individual may apply to the board for registration as an 4
architect. 5
(2) The application must be-- 6
(a) in the approved form; and 7
(b) accompanied by each of the following-- 8
(i) satisfactory evidence of the applicant's eligibility for 9
registration; 10
(ii) if an assessment entity is prescribed under section 10(3) for 11
assessing an individual against the qualifications or 12
competencies provided for under section 10(1)--an 13
assessment entity's assessment of the applicant against the 14
qualifications or competencies; 15
(iii) any other documents, identified in the approved form, the 16
board reasonably requires to decide the application; 17
(iv) the application fee and registration fee prescribed under a 18
regulation. 19
(3) The approved form must provide for the inclusion of the applicant's 20
contact details as an architect. 21
(4) The applicant also must provide any other relevant information 22
reasonably required by the board to decide the application.1 23
Division 2--Eligibility for registration 24
9 Eligibility 25
An applicant for registration is eligible for registration only if-- 26
1 For how the board may make a requirement for information under section 8(4),
18(6) or 23(5), see section 27 (Lapsing of application).
s 10 13 s 11
Architects Bill 2002
(a) the applicant is qualified, under section 10, for registration; and 1
(b) the board considers the applicant is fit to practise as an architect. 2
10 When applicant is qualified for registration 3
(1) An applicant for registration is qualified for registration if the 4
applicant has-- 5
(a) the qualifications provided for under a regulation; and 6
(b) the competencies in the practice of architecture provided for 7
under a regulation. 8
(2) The competencies mentioned in subsection (1)(b) may include 9
requirements about the following-- 10
(a) the nature, extent and period of practice of architecture by the 11
applicant; 12
(b) the nature and extent of any research, study or teaching, relating 13
to architecture, undertaken by the applicant; 14
(c) the nature and extent of any administrative work, relating to 15
architecture, performed by the applicant. 16
(3) A regulation may prescribe an entity (an "assessment entity") for 17
assessing an applicant against the qualifications or competencies. 18
11 Fitness to practise as an architect 19
In deciding whether an applicant for registration is fit to practise as an 20
architect, the board may have regard to each of the following-- 21
(a) whether the applicant has a conviction, other than a spent 22
conviction, for-- 23
(i) an indictable offence; or 24
(ii) an offence against this Act or the repealed Act; or 25
(iii) another offence, relating to the practice of architecture, 26
against a law applying, or that applied, in the State, the 27
Commonwealth, another State or a foreign country; 28
(b) if the applicant has been registered under this Act or the repealed 29
Act, or registered to practise as an architect under a law applying, 30
or that applied, in the Commonwealth, another State or a foreign 31
s 12 14 s 13
Architects Bill 2002
country and the registration was suspended or cancelled--the 1
reason for its suspension or cancellation; 2
(c) if the applicant has been registered under this Act or the repealed 3
Act--any order about the applicant given under section 130 or 4
1312 of this Act, or section 803 of the repealed Act; 5
(d) whether the applicant-- 6
(i) is affected by bankruptcy action; or 7
(ii) is an executive officer of a corporation affected by control 8
action after the commencement of this section; 9
(e) any other issue relevant to the applicant's ability to competently 10
practise as an architect, including, for example, the applicant's 11
mental or physical health. 12
Division 3--Decision on applications for registration 13
12 Deciding application 14
(1) The board must consider each application for registration made under 15
section 8 and either grant or refuse to grant the application as soon as 16
practicable after the last of the following events to happen-- 17
(a) the board receives the application; 18
(b) the board receives all necessary information to decide the 19
application. 20
(2) In deciding the application, the board must have regard to the 21
assessment of an assessment entity, given to the board by the applicant, 22
about whether the applicant has the qualifications or competencies 23
provided for under section 10(1). 24
13 Grant of application 25
If the board decides to grant the application, it must as soon as 26
practicable give the applicant a certificate of registration. 27
2 Section 130 (Orders relating to architect) or 131 (Orders relating to former architect)
3 The repealed Act, section 80 (Orders on finding of guilt)
s 14 15 s 16
Architects Bill 2002
14 Refusal of application 1
If the board decides to refuse to grant the application, it must as soon as 2
practicable-- 3
(a) give the applicant an information notice for the decision; and 4
(b) refund the fees that accompanied the application less a 5
reasonable amount, if any, prescribed under a regulation for 6
processing the application. 7
15 Period of registration 8
(1) The period of registration that is to apply to an architect (the 9
"registration period") is a financial year. 10
(2) If the board decides to register an applicant during a registration 11
period, the registration remains in force for the period-- 12
(a) commencing on the day when the board makes the decision; and 13
(b) ending on the last day of the registration period. 14
Division 4--Renewal and restoration of registrations 15
Subdivision 1--Preliminary 16
16 Meaning of "continuing competency requirements" 17
(1) "Continuing competency requirements" are requirements, 18
provided for under a regulation, that if satisfied demonstrate that an 19
applicant for renewal or restoration of registration has maintained 20
competency in the practice of architecture. 21
(2) The requirements may include requirements about the following-- 22
(a) the nature, extent and period of practice of architecture by the 23
applicant; 24
(b) the nature and extent of any continuing professional development 25
undertaken by the applicant; 26
(c) the nature and extent of any research, study or teaching, relating 27
to architecture, undertaken by the applicant; 28
s 17 16 s 18
Architects Bill 2002
(d) the nature and extent of any administrative work, relating to 1
architecture, performed by the applicant. 2
(3) A regulation may prescribe an entity (an "assessment entity") for 3
assessing an applicant against the requirements. 4
17 Notification of expiry of registration 5
The board must give an architect notice of the expiry of the architect's 6
registration at least 3 months before the expiry. 7
Subdivision 2--Renewal 8
18 Applying for renewal 9
(1) An architect may apply to the board for renewal of the architect's 10
registration. 11
(2) The application may only be made at least 1 month, but not more 12
than 3 months, before the last day of the registration period (the "expiry 13
day"). 14
(3) The application must be-- 15
(a) in the approved form; and 16
(b) accompanied by each of the following-- 17
(i) if an assessment entity is prescribed under 18
section 16(3)--an assessment entity's assessment of the 19
applicant against the continuing competency requirements; 20
(ii) any other documents, identified in the approved form, the 21
board reasonably requires to decide the application; 22
(iii) the annual registration fee. 23
(4) Despite subsection (2), the board may accept an application for 24
renewal of registration made within 1 month before the expiry day if the 25
board is satisfied it would be reasonable in all the circumstances to accept 26
the application. 27
(5) The approved form must provide for the inclusion of the applicant's 28
contact details as an architect. 29
(6) The architect also must provide any other relevant information 30
reasonably required by the board to decide the application. 31
s 19 17 s 20
Architects Bill 2002
19 Registration in force while application is considered 1
(1) If an application is made under section 18(2), or the board decides to 2
accept an application under section 18(4), the applicant's registration is 3
taken to continue in force from the day it would, apart from this section, 4
have expired until-- 5
(a) if the board decides to renew the registration--the day a new 6
certificate of registration is given to the applicant under 7
section 21; or 8
(b) if the board decides to refuse to renew the registration--the day 9
stated, under section 22(a), in the information notice for the 10
decision; or 11
(c) if the application is taken to have lapsed under section 27--the 12
day it is taken to have lapsed. 13
(2) Subsection (1) does not apply if the registration is earlier suspended 14
or cancelled under this Act. 15
20 Deciding application 16
(1) The board must consider an accepted application and either renew or 17
refuse to renew the registration as soon as practicable after the last of the 18
following events to happen-- 19
(a) the board receives the application; 20
(b) the board receives all necessary information to decide the 21
application. 22
(2) In deciding the application, the board must have regard to-- 23
(a) whether the board considers the applicant is fit to practise as an 24
architect; and 25
(b) the extent, if any, to which the applicant has satisfied the 26
continuing competency requirements. 27
s 21 18 s 23
Architects Bill 2002
(3) In considering whether an applicant is fit to practise as an architect, 1
the board may have regard to the same matters to which the board may 2
have regard in deciding whether an applicant for registration is fit to 3
practise as an architect.4 4
(4) In considering whether an applicant has satisfied the continuing 5
competency requirements, the board must have regard to the assessment of 6
an assessment entity, given to the board by the applicant, about whether the 7
applicant has satisfied the requirements. 8
(5) In this section-- 9
"accepted application" means an application made under section 18(2) or 10
an application the board accepts under section 18(4). 11
21 Renewal of registration 12
If the board decides to renew the applicant's registration, it must as soon 13
as practicable give the applicant a new certificate of registration. 14
22 Refusal to renew registration 15
If the board decides to refuse to renew the registration, it must as soon as 16
practicable-- 17
(a) give the applicant an information notice for the decision stating 18
the day, not before the expiry day and not earlier than 7 days after 19
the notice is given, on which the registration ends; and 20
(b) refund the annual registration fee that accompanied the 21
application. 22
Subdivision 3--Restoration 23
23 Applying for restoration 24
(1) If a person's registration has expired, the person, within 2 months 25
after the expiry, may apply to the board for restoration of the registration. 26
4 For the matters the board may have regard to in deciding if an applicant for
registration is fit to practise as an architect, see section 11 (Fitness to practise as an
architect).
s 24 19 s 24
Architects Bill 2002
(2) The application must be-- 1
(a) in the approved form; and 2
(b) accompanied by each of the following-- 3
(i) if an assessment entity is prescribed under 4
section 16(3)--an assessment entity's assessment of the 5
applicant against the continuing competency requirements; 6
(ii) any other documents, identified in the approved form, the 7
board reasonably requires to decide the application; 8
(iii) the annual registration fee. 9
(3) Despite subsection (1), the board may accept an application for 10
restoration of registration made more than 2 months after the expiry if the 11
board is satisfied it would be reasonable in all the circumstances to accept 12
the application. 13
(4) The approved form must provide for the inclusion of the applicant's 14
contact details as an architect. 15
(5) The applicant also must provide any other relevant information 16
reasonably required by the board to decide the application. 17
24 Deciding application 18
(1) The board must consider an accepted application and either restore or 19
refuse to restore the registration as soon as practicable after the last of the 20
following events to happen-- 21
(a) the board receives the application; 22
(b) the board receives all necessary information to decide the 23
application. 24
(2) In deciding the application, the board must have regard to-- 25
(a) whether the board considers the applicant is fit to practise as an 26
architect; and 27
(b) the extent, if any, to which the applicant has satisfied the 28
continuing competency requirements. 29
(3) In considering whether an applicant is fit to practise as an architect, 30
the board may have regard to the same matters to which the board may 31
have regard in deciding whether an applicant for registration is fit to 32
practise as an architect. 33
s 25 20 s 27
Architects Bill 2002
(4) In considering whether an applicant has satisfied the continuing 1
competency requirements, the board must have regard to the assessment of 2
an assessment entity, given to the board by the applicant, about whether the 3
applicant has satisfied the requirements. 4
(5) In this section-- 5
"accepted application" means an application made under section 23(1) or 6
an application the board accepts under section 23(3). 7
25 Restoration of registration 8
(1) If the board decides to restore the applicant's registration, the board 9
must as soon as practicable give the applicant a new certificate of 10
registration. 11
(2) The registration remains in force for the period-- 12
(a) commencing on the day when the board makes the decision; and 13
(b) ending on the last day of the registration period in which the 14
decision is made. 15
26 Refusal to restore registration 16
If the board decides to refuse to restore the registration, it must as soon 17
as practicable-- 18
(a) give the applicant an information notice for the decision; and 19
(b) refund the annual registration fee that accompanied the 20
application. 21
Division 5--Lapsing of applications 22
27 Lapsing of application 23
(1) This section applies if an application for registration, or renewal or 24
restoration of registration, is made under this part. 25
(2) The board may make a requirement under section 8(4), 18(6) or 26
23(5) for information to decide the application by giving the applicant a 27
notice stating-- 28
(a) the required information; and 29
s 28 21 s 29
Architects Bill 2002
(b) the time by which the information must be given to the board; 1
and 2
(c) that, if the information is not given to the board by the stated 3
time, the application will lapse. 4
(3) The stated time must be reasonable and, in any case, at least 21 days 5
after the requirement is made. 6
(4) The board may give the applicant a further notice extending or 7
further extending the time if the board is satisfied it would be reasonable in 8
all the circumstances to give the extension. 9
(5) A notice may be given under subsection (4) even if the time to which 10
it relates has lapsed. 11
(6) If the applicant does not comply with the requirement within the 12
stated time, or any extension, the application lapses. 13
(7) If an application lapses under subsection (6), the board must, as soon 14
as practicable after it lapses, refund the fees that accompanied the 15
application less a reasonable amount, if any, prescribed under a regulation 16
for processing the application. 17
Division 6--Cancellation of registrations 18
28 Grounds for cancellation 19
The board may cancel an architect's registration under this part if-- 20
(a) the board believes on reasonable grounds the architect was 21
registered because of a materially false or misleading 22
representation or document; or 23
(b) the architect is affected by bankruptcy action; or 24
(c) the architect is an executive officer of a corporation affected by 25
control action after the commencement of this section. 26
29 Procedure for cancellation 27
(1) If the board proposes to cancel an architect's registration, the board 28
must give the architect a notice stating the following-- 29
(a) the board proposes to cancel the registration; 30
(b) the grounds for the proposed cancellation; 31
s 30 22 s 31
Architects Bill 2002
(c) the facts and circumstances that are the basis for the grounds; 1
(d) that the architect may make, within a stated period, written 2
representations to show why the registration should not be 3
cancelled. 4
(2) The stated period must end at least 21 days after the architect is given 5
the notice. 6
(3) If, after considering all written representations made within the stated 7
period, the board still believes a ground exists to cancel the architect's 8
registration, the board may cancel the registration. 9
(4) The board must, as soon as practicable after making a decision under 10
subsection (3), give the architect an information notice for the decision. 11
(5) The decision takes effect on-- 12
(a) the day the notice is given; or 13
(b) if a later day is stated in the notice--the stated day. 14
Division 7--Offences about registration 15
30 False or misleading statement 16
A person, in relation to an application under this part, must not state 17
anything to the board the person knows is false or misleading in a material 18
particular. 19
Maximum penalty--50 penalty units. 20
31 False or misleading document 21
(1) A person, in relation to an application under this part, must not give 22
the board a document containing information the person knows is false or 23
misleading in a material particular. 24
Maximum penalty--50 penalty units. 25
(2) Subsection (1) does not apply to a person if the person, when giving 26
the document-- 27
(a) tells the board, to the best of the person's ability, how the 28
information in the document is false or misleading; and 29
s 32 23 s 35
Architects Bill 2002
(b) if the person has, or can reasonably obtain, the correct 1
information--gives the correct information. 2
32 Notification about particular matters 3
An architect must, within 21 days after changing his or her name or 4
contact details, advise the board about the change unless the architect has a 5
reasonable excuse. 6
Maximum penalty--10 penalty units. 7
Division 8--Miscellaneous 8
33 Surrender of registration 9
(1) An architect may, by notice given to the board, surrender the 10
architect's registration. 11
(2) The surrender takes effect on the later of the following-- 12
(a) the end of 7 days after the day the notice is given; 13
(b) a day stated in the notice for the surrender. 14
34 Form of certificate of registration 15
(1) A certificate of registration given under this part must be in the 16
approved form. 17
(2) The approved form must provide for the inclusion of-- 18
(a) the architect's name; and 19
(b) the period of registration. 20
35 Refund of fees--withdrawal of application 21
(1) This section applies if an applicant withdraws an application made 22
under this part before the application is decided. 23
(2) The board must, as soon as practicable after the application is 24
withdrawn-- 25
s 36 24 s 37
Architects Bill 2002
(a) for an application for registration--refund the fees that 1
accompanied the application less a reasonable amount, if any, 2
prescribed under a regulation for processing the application; or 3
(b) for an application for renewal or restoration of 4
registration--refund the annual registration fee that accompanied 5
the application. 6
PART 3--COMPLAINTS AND INVESTIGATIONS 7
Division 1--Grounds for disciplining architects 8
36 Grounds for disciplining an architect 9
Each of the following is a ground (a "disciplinary ground") for 10
disciplining an architect-- 11
(a) the architect has, whether before or after the commencement of 12
this Act, behaved in a way that constitutes unsatisfactory 13
professional conduct; 14
(b) the architect has failed to comply with a provision of this Act or 15
the repealed Act; 16
(c) the architect has been convicted of an offence against an Act of 17
the State, the Commonwealth or another State related to the 18
practice of architecture. 19
Division 2--Complaints 20
37 Complaints about conduct 21
(1) A person who is aggrieved by an architect's conduct in carrying out 22
architectural services, whether before or after the commencement of this 23
Act, may make a complaint about the conduct to the board. 24
(2) A complaint must be in the approved form. 25
(3) The chairperson must keep available for inspection, at the board's 26
office by members of the public, information about-- 27
s 38 25 s 41
Architects Bill 2002
(a) the type of conduct the board considers may give rise to a 1
complaint; and 2
(b) how a person may make a complaint. 3
38 Board may require further information or statutory declaration 4
(1) The board may, by notice, ask a complainant to give the board further 5
information about the complaint within the reasonable time stated in the 6
notice. 7
(2) Also, the board may require a complainant to verify the complaint or 8
further information by statutory declaration. 9
39 Rejection of complaint 10
The board may decide to reject a complaint if the board reasonably 11
considers the complaint is frivolous, vexatious or trivial. 12
40 Withdrawal of complaint 13
(1) If a complainant withdraws a complaint, the board need not take any 14
further action about the complaint. 15
(2) However, the withdrawal does not stop the board-- 16
(a) investigating, or continuing to investigate, the matter of the 17
complaint; or 18
(b) authorising an investigator to investigate, or continue to 19
investigate, the matter of the complaint. 20
(3) In deciding whether to act as mentioned in subsection (2), the board 21
must have regard to the main objects of this Act and the disciplinary 22
grounds. 23
Division 3--Investigations 24
41 Investigation of architect's conduct 25
(1) This section applies if-- 26
(a) a complaint is made about an architect's conduct in carrying out 27
architectural services; or 28
s 42 26 s 44
Architects Bill 2002
(b) the board reasonably believes an aspect of an architects's conduct 1
in carrying out architectural services may provide a ground for 2
disciplining the architect. 3
(2) The board may conduct an investigation of the architect's conduct or 4
authorise, in writing, an investigator to conduct the investigation. 5
(3) To help the board decide whether to act under subsection (2), the 6
board may give the architect a notice stating the architect may make a 7
submission to the board about the complaint or ground for disciplining the 8
architect within the reasonable time stated in the notice. 9
42 Investigation of compliance with Act 10
(1) If the board reasonably suspects a person has committed an offence 11
against this Act, the board may-- 12
(a) investigate the suspected offence; or 13
(b) authorise, in writing, an investigator to conduct the investigation. 14
(2) For helping the board decide whether to act under subsection (1), the 15
board may give the person a notice stating the person may make a 16
submission to the board about the matter the subject of the suspected 17
offence within the reasonable time stated in the notice. 18
43 Investigation to be conducted as quickly as possible 19
The board, or an investigator it authorises to conduct an investigation, 20
must conduct the investigation as quickly as possible having regard to the 21
nature of the matter being investigated. 22
44 Notice of investigation 23
(1) As soon as practicable after deciding to conduct, or authorising an 24
investigator to conduct, an investigation in relation to a person, the board 25
must give the person notice of the investigation. 26
(2) The notice must state each of the following-- 27
(a) whether the investigation is being conducted by the board or an 28
investigator; 29
(b) if an investigator is conducting the investigation--the 30
investigator's name; 31
s 45 27 s 46
Architects Bill 2002
(c) if the investigation relates to a complaint--the nature of the 1
complaint; 2
(d) if the board or an investigator is conducting the investigation on 3
the board's own initiative under section 41(1)(b) or 42--the 4
grounds that are the basis for the investigation; 5
(e) that the person may make, during the course of the investigation, 6
a submission to the board or investigator about the complaint or 7
other grounds for the investigation, and how a submission may 8
be made. 9
(3) However, the board need not give the person the notice if the board 10
reasonably believes that giving the notice may-- 11
(a) seriously prejudice the investigation; or 12
(b) place the complainant or another person at risk of harassment or 13
intimidation. 14
(4) A submission under subsection (2)(e) must be made to-- 15
(a) if an investigator is conducting the investigation--the 16
investigator; or 17
(b) otherwise--the board. 18
45 Board may engage persons to help investigation 19
(1) The board may engage a person to help the board or investigator in 20
conducting an investigation if the board is satisfied the person is 21
sufficiently qualified or experienced to help the board or investigator about 22
the matter the subject of the investigation. 23
(2) Without limiting subsection (1), the board may engage the person to 24
give the board or investigator a written report about the matter the subject 25
of the investigation. 26
Division 4--Investigators 27
46 Function of investigator 28
An investigator has the function of conducting the investigation the 29
investigator is authorised to conduct by the board. 30
s 47 28 s 50
Architects Bill 2002
47 Powers of investigator 1
To conduct the investigation, an investigator has the powers given to the 2
investigator under this Act. 3
Division 5--Appointment of investigators and other matters 4
48 Appointment and qualifications 5
(1) The board may appoint a person as an investigator. 6
(2) The person must be an individual who is not a board member. 7
(3) However, the board may appoint a person as an investigator only if 8
the board is satisfied the person has the necessary expertise or experience. 9
49 Appointment conditions and limit on powers 10
(1) An investigator holds office on any conditions stated in-- 11
(a) the investigator's instrument of appointment; or 12
(b) a signed notice given to the investigator; or 13
(c) a regulation. 14
(2) The instrument of appointment, a signed notice given to the 15
investigator or a regulation may limit the investigator's powers under this 16
Act. 17
(3) In this section-- 18
"signed notice" means a notice signed by the chairperson or deputy 19
chairperson. 20
50 Issue of identity card 21
(1) The board must issue an identity card to each investigator appointed 22
by it. 23
(2) The identity card must-- 24
(a) contain a recent photograph of the investigator; and 25
(b) contain a copy of the investigator's signature; and 26
s 51 29 s 53
Architects Bill 2002
(c) identify the person as an investigator under this Act; and 1
(d) state an expiry date for the card. 2
51 Production or display of identity card 3
(1) In exercising a power under this Act in relation to a person, an 4
investigator must-- 5
(a) produce the investigator's identity card for the person's 6
inspection before exercising the power; or 7
(b) have the identity card displayed so it is clearly visible to the 8
person when exercising the power. 9
(2) However, if it is not practicable to comply with subsection (1), the 10
investigator must produce the identity card for the person's inspection at 11
the first reasonable opportunity. 12
52 When investigator ceases to hold office 13
(1) An investigator ceases to hold office if any of the following 14
happens-- 15
(a) the term of office stated in a condition of office ends; 16
(b) under another condition of office, the investigator ceases to hold 17
office; 18
(c) the investigator's resignation under section 53 takes effect. 19
(2) Subsection (1) does not limit the ways an investigator may cease to 20
hold office. 21
(3) In this section-- 22
"condition of office" means a condition on which the investigator holds 23
office. 24
53 Resignation 25
An investigator may resign by signed notice given to the board. 26
s 54 30 s 56
Architects Bill 2002
54 Failure to return identity card 1
An individual who ceases to be an investigator must return the 2
individual's identity card to the board within 21 days after ceasing to be an 3
investigator, unless the individual has a reasonable excuse. 4
Maximum penalty--10 penalty units. 5
Division 6--Powers of board and investigators 6
55 Power to require information or attendance 7
For an investigation, the board or an investigator may, by notice given to 8
a person, require the person-- 9
(a) to give stated information to the board or investigator within a 10
stated reasonable time and in a stated reasonable way; or 11
(b) to attend before the board or investigator at a stated reasonable 12
time and place-- 13
(i) to answer questions; or 14
(ii) to produce a stated document. 15
16
Example of a document--
17
Architectural plans or drawings.
56 Offences 18
(1) A person required to give information to the board or an investigator 19
under section 55 must comply with the requirement unless the person has a 20
reasonable excuse. 21
Maximum penalty--50 penalty units. 22
(2) A person given a notice under section 55 must not fail, without 23
reasonable excuse-- 24
(a) to attend as required by the notice; or 25
(b) to continue to attend as required by the board or investigator until 26
excused from further attendance; or 27
(c) to answer a question the person is required to answer by the 28
board or investigator; or 29
s 57 31 s 59
Architects Bill 2002
(d) to produce a document the person is required to produce by the 1
notice. 2
Maximum penalty--50 penalty units. 3
(3) It is a reasonable excuse for a person not to give the information, 4
answer the question or produce the document, if giving the information, 5
answering the question or producing the document might tend to 6
incriminate the person. 7
57 Inspection and copying of produced documents 8
(1) If a document is produced to the board or an investigator, whether 9
under a notice under section 55 or otherwise, the board or investigator may 10
inspect it. 11
(2) Also, the board or investigator may make a copy of, or take an extract 12
from, the document if the board or investigator reasonably considers the 13
document may be relevant to the investigation being conducted by the 14
board or investigator. 15
Division 7--Seizure of documents 16
58 Seizing document as evidence 17
The board or investigator may seize a document mentioned in 18
section 57(1) if the board or investigator reasonably believes the document 19
is evidence that is relevant to the investigation being conducted by the 20
board or investigator 21
59 Receipt for seized document 22
(1) As soon as practicable after the board or investigator seizes a 23
document, the board or investigator must give a receipt for it to the person 24
from whom it was seized. 25
(2) The receipt must describe generally each document seized and its 26
condition. 27
s 60 32 s 63
Architects Bill 2002
60 Investigator to give seized document to board 1
If an investigator seizes a document under section 58, the investigator 2
must give the document to the board when the investigator gives the board 3
a report about the investigation under section 71(1). 4
61 Access to seized document 5
(1) Until a seized document is returned, the board or investigator must 6
allow its owner to inspect or copy it. 7
(2) Subsection (1) does not apply if it would be unreasonable to allow 8
the inspection or copying. 9
62 Return of seized document 10
(1) The board must return a document seized as evidence, whether by the 11
board or an investigator, to its owner-- 12
(a) at the end of 6 months; or 13
(b) if proceedings involving the document are started within 14
6 months--at the end of the proceedings and any appeal from the 15
proceedings. 16
(2) Despite subsection (1), the board must immediately return the 17
document to its owner if the board stops being satisfied its continued 18
retention as evidence is necessary. 19
Division 8--Notice of damage and compensation 20
63 Notice of damage 21
(1) This section applies if the board or an investigator damages property 22
when exercising or purporting to exercise a power under division 6 or 7. 23
(2) The board or investigator must immediately give notice of the 24
damage to the person who appears to the board or investigator to be the 25
owner of the property. 26
(3) The notice must state-- 27
(a) the particulars of the damage; and 28
s 64 33 s 65
Architects Bill 2002
(b) that the person who suffered the damage may be entitled to claim 1
compensation under section 64. 2
(4) If the board or investigator believes the damage was caused by a 3
latent defect in the property or circumstances beyond the board's or 4
investigator's control, the board or investigator may state the belief in the 5
notice. 6
(5) This section does not apply to damage the board or investigator 7
reasonably believes is trivial. 8
(6) In subsection (2)-- 9
"owner", of property, includes the person in possession or control of it. 10
64 Compensation 11
(1) This section applies if a person incurs loss or damage because of the 12
exercise or purported exercise of a power under division 6 or 7. 13
(2) The person is entitled to be paid the reasonable compensation 14
because of the loss or damage agreed between the board and the person, or 15
failing agreement, decided by a court. 16
(3) Compensation may be claimed and ordered to be paid in a 17
proceeding-- 18
(a) brought in a court with jurisdiction for the recovery of the 19
amount of compensation claimed; or 20
(b) for an offence against this Act brought against the person 21
claiming compensation. 22
(4) A court may order compensation to be paid only if it is satisfied it is 23
fair to make the order in the circumstances of the particular case. 24
Division 9--Offences about investigations 25
65 False or misleading statements 26
A person must not, in relation to an investigation under this part, state 27
anything to the board or an investigator that the person knows is false or 28
misleading in a material particular. 29
Maximum penalty--50 penalty units. 30
s 66 34 s 68
Architects Bill 2002
66 False or misleading documents 1
(1) A person must not, in relation to an investigation under this part, give 2
the board or an investigator a document containing information that the 3
person knows is false or misleading in a material particular. 4
Maximum penalty--50 penalty units. 5
(2) Subsection (1) does not apply to a person who, when giving the 6
document-- 7
(a) informs the board or investigator, to the best of the person's 8
ability, how it is false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information--gives the correct information to the board or 11
investigator. 12
67 Obstructing board or investigators 13
(1) A person must not obstruct the board in its exercise of a power in the 14
conduct of an investigation, or an investigator in the exercise of a power, 15
unless the person has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(2) If a person has obstructed the board or an investigator as mentioned 18
in subsection (1) and the board or investigator decides to proceed with the 19
exercise of the power, the board or investigator must warn the person 20
that-- 21
(a) it is an offence to obstruct the board or an investigator, unless the 22
person has a reasonable excuse; and 23
(b) the board or investigator considers the person's conduct is an 24
obstruction. 25
(3) In this section-- 26
"obstruct" includes hinder and attempt to obstruct or hinder. 27
68 Impersonation of investigators 28
A person must not pretend to be an investigator. 29
Maximum penalty--100 penalty units. 30
s 69 35 s 72
Architects Bill 2002
PART 4--REPORTS AND BOARD'S DECISIONS ABOUT 1
INVESTIGATIONS 2
69 Board's report about investigation 3
(1) The board must, as soon as practicable after completing an 4
investigation, prepare a written report about the investigation. 5
(2) The report must include the board's findings about the investigation, 6
including, if the investigation was the result of a complaint, the board's 7
findings about the complaint. 8
70 Report about investigation being conducted 9
An investigator must, if asked by the board, give the board an interim 10
report about the conduct of an investigation being conducted by the 11
investigator. 12
71 Investigator's report about investigation 13
(1) An investigator must, as soon as practicable after the investigator 14
considers an investigation being conducted by the investigator is 15
completed, give the board a written report about the investigation. 16
(2) If the investigation was the result of a complaint, the report must 17
include the investigator's findings about the complaint. 18
(3) If the board considers the report does not include enough information 19
to enable the board to make a decision under section 73(2) or 75(2), the 20
board may, by notice, ask the investigator to give the board a further report 21
about the investigation. 22
(4) The investigator must, as soon as practicable, comply with a request 23
under subsection (3). 24
72 Board may report to Minister 25
The board may, at any time, give the Minister a report about an 26
investigation conducted by the board or an investigator. 27
s 73 36 s 74
Architects Bill 2002
73 Board's decision on investigation about architects 1
(1) This section applies if the board-- 2
(a) prepares a report under section 69(1) about an architect; or 3
(b) receives a report under section 71(1) about an architect and does 4
not request a further report about the architect under 5
section 71(3); or 6
(c) receives a further report under section 71(3) about an architect. 7
(2) As soon as practicable after preparing the report, or receiving the 8
report or further report, the board must decide to do 1 of the following-- 9
(a) start a disciplinary proceeding against the architect;5 10
(b) enter into an undertaking agreed with the architect about the 11
architect's professional conduct; 12
(c) caution or reprimand the architect; 13
(d) take no further action about the matter the subject of the 14
investigation. 15
(3) In acting under subsection (2), the board must have regard to the 16
main objects of this Act and the disciplinary grounds. 17
(4) Also, regardless of what the board decides under subsection (2)(a), 18
(b) or (c), the board may start proceedings to prosecute the architect for an 19
offence. 20
(5) A decision to take action as mentioned in subsection (2)(b), (c) or (d) 21
does not prevent the board taking the matter the subject of the investigation 22
into consideration at a later time as part of a pattern of conduct or practice 23
that may result in starting a disciplinary proceeding against the architect. 24
74 Notice of result of investigation about architects 25
(1) As soon as practicable after making a decision under section 73(2) or 26
(4) about an architect, the board must give notice of the decision to-- 27
(a) the architect; and 28
(b) if the investigation was the result of a complaint--the 29
complainant. 30
5 For how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary
proceedings).
s 75 37 s 75
Architects Bill 2002
(2) If the board decides, under section 73(2)(c), to caution or reprimand 1
the architect, the board must give the architect an information notice for the 2
decision. 3
(3) If the board decides, under section 73(2)(d), to take no further action 4
about the matter the subject of an investigation started because of a 5
complaint, the board must give the complainant an information notice for 6
the decision. 7
75 Board's decision about other investigations 8
(1) This section applies if the board-- 9
(a) prepares a report under section 69(1) about a person other than 10
an architect; or 11
(b) receives a report under section 71(1) about a person other than an 12
architect and does not request a further report about the person 13
under section 71(3); or 14
(c) receives a further report under section 71(3) about a person other 15
than an architect. 16
(2) As soon as practicable after preparing the report, or receiving the 17
report or further report, the board must decide to do 1 of the following-- 18
(a) start proceedings to prosecute the person for an offence; 19
(b) enter into an undertaking agreed with the person about the 20
person's conduct; 21
(c) caution or reprimand the person; 22
(d) take no further action about the matter the subject of the 23
investigation. 24
(3) As soon as practicable after making the decision, the board must give 25
notice of the decision to the person. 26
(4) If the board decides, under subsection (2)(c), to caution or reprimand 27
the person, the board must give the person an information notice for the 28
decision. 29
s 76 38 s 80
Architects Bill 2002
76 Board to take action as soon as practicable 1
As soon as practicable after deciding to take action under 2
section 73(2)(a) to (c), or (4), or section 75(2)(a) to (c), the board must take 3
the action. 4
PART 5--BOARD OF ARCHITECTS OF QUEENSLAND 5
Division 1--Establishment 6
77 Establishment of board 7
(1) The Board of Architects of Queensland is established. 8
(2) The board-- 9
(a) is a body corporate; and 10
(b) has perpetual succession; and 11
(c) has a common seal; and 12
(d) may sue and be sued in its corporate name. 13
78 Board's relationship with the State 14
The board does not represent the State. 15
79 Board's independence etc. 16
In performing its functions, the board is to act independently, impartially 17
and in the public interest. 18
Division 2--Functions and powers 19
80 Functions of board 20
(1) The functions of the board are as follows-- 21
(a) to assess applications made to it under this Act; 22
s 81 39 s 81
Architects Bill 2002
(b) to register individuals who are eligible for registration and issue 1
certificates of registration; 2
(c) to conduct, or authorise, investigations about the professional 3
conduct of architects and contraventions of this Act; 4
(d) to keep the register; 5
(e) to advise the Minister about-- 6
(i) eligibility requirements for persons applying for 7
registration, or renewal or restoration of registration; and 8
(ii) the suitability of entities to be assessment entities; and 9
(iii) the operation of this Act in its application to the practice of 10
architecture; 11
(f) to review the eligibility requirements mentioned in 12
paragraph (e)(i) and the suitability of entities to continue as 13
assessment entities; 14
(g) to perform other functions given to the board under this or 15
another Act; 16
(h) to perform a function incidental to a function mentioned in 17
paragraphs (a) to (g). 18
(2) The board must, at least once every 2 years, review the eligibility 19
requirements mentioned in subsection (1)(e)(i) and the suitability of 20
entities to continue as assessment entities. 21
81 Powers of board 22
(1) The board has all the powers of an individual, and may, for example, 23
do all or any of the following-- 24
(a) enter into contracts; 25
(b) acquire, hold, deal with and dispose of, property; 26
(c) appoint and act through agents and attorneys; 27
(d) employ staff and engage consultants; 28
(e) do anything else necessary or convenient to be done for the 29
performance of its functions. 30
(2) Without limiting subsection (1), the board has the other powers given 31
to it under this Act. 32
s 82 40 s 82
Architects Bill 2002
Division 3--Membership 1
82 Membership of board 2
(1) The board consists of 7 members appointed by the Governor in 3
Council. 4
(2) The members must include-- 5
(a) 1 person who-- 6
(i) is the academic head or an academic representative of a 7
school of architecture prescribed under a regulation; and 8
(ii) is an architect, or as an applicant would be eligible for 9
registration; and 10
(b) 1 person who-- 11
(i) is a representative of the Queensland Chapter of the Royal 12
Australian Institute of Architects (the "institute"); and 13
(ii) is an architect, or as an applicant would be eligible for 14
registration; and 15
(c) 1 architect elected under this Act; and 16
(d) 1 architect who resides and undertakes architectural services in 17
regional Queensland; and 18
(e) 1 lawyer, of at least 10 years standing, with experience in the law 19
relating to building and construction; and 20
(f) 1 person who has at least 10 years experience as a construction 21
contractor in the building and construction industry; and 22
(g) 1 person who is not an architect. 23
(3) The members mentioned in subsection (2)(a), (b) and (d) to (g) are to 24
be nominated by the Minister. 25
(4) If an architect is not elected under subsection (2)(c), the Minister 26
may nominate an architect for appointment to the board. 27
(5) An architect nominated under subsection (4) is taken to be elected 28
under subsection (2)(c). 29
(6) The Minister must nominate a person for appointment under 30
subsection (2)(g) who the Minister reasonably believes will represent 31
community interests. 32
s 83 41 s 84
Architects Bill 2002
83 Chairperson and deputy chairperson 1
(1) The chairperson of the board is the member appointed by the 2
Governor in Council as the chairperson. 3
(2) The deputy chairperson of the board is the member appointed by the 4
Governor in Council as the deputy chairperson. 5
(3) A person may be appointed as the chairperson or deputy chairperson 6
at the same time the person is appointed as a member. 7
(4) The chairperson or deputy chairperson holds office for the term 8
decided by the Governor in Council, unless the person's term of office as a 9
member ends sooner than the person's term of office as chairperson or 10
deputy chairperson. 11
(5) A vacancy occurs in the office of chairperson or deputy chairperson 12
if the person holding the office resigns the office by signed notice of 13
resignation given to the Minister or stops being a member. 14
(6) However, a person resigning the office of chairperson or deputy 15
chairperson may continue to be a member. 16
(7) The deputy chairperson is to act as chairperson-- 17
(a) during a vacancy in the office of chairperson; and 18
(b) during all periods when the chairperson is absent from duty or 19
for another reason can not perform the functions of the office. 20
84 Duration of appointment 21
(1) A member is to be appointed for the term, of not more than 3 years, 22
stated in the member's instrument of appointment. 23
(2) However, if at the end of a member's term of appointment a person 24
has not been appointed to replace the member, the member's term does not 25
end until the first of the following events to happen-- 26
(a) the end of 3 months after the day the member's term would, apart 27
from this subsection, have ended; 28
(b) the member is reappointed; 29
(c) if the member is not reappointed--another person has been 30
appointed to replace the member. 31
s 85 42 s 86
Architects Bill 2002
85 Conditions of appointment 1
(1) A member holds office-- 2
(a) on a part-time basis; and 3
(b) on terms, not otherwise provided for in this Act, that are decided 4
by the Governor in Council. 5
(2) A member is entitled to be paid the remuneration and allowances 6
decided by the Governor in Council. 7
86 Termination of appointment 8
(1) The Governor in Council may remove a member from office if-- 9
(a) the member is absent from 3 consecutive meetings of the board 10
without the board's permission and without reasonable excuse; or 11
(b) the Minister is satisfied the member-- 12
(i) is incapable of performing the duties of a member because 13
of physical or mental incapacity, or otherwise fails to 14
perform the member's duties; or 15
(ii) is performing the member's duties carelessly, incompetently 16
or inefficiently; or 17
(iii) is affected by bankruptcy action; or 18
(iv) is an executive officer of a corporation affected by control 19
action after the commencement of this section; or 20
(v) has a conviction, other than a spent conviction, for an 21
indictable offence or an offence against this Act; or 22
(vi) commits misconduct of a kind that could justify dismissal 23
from the public service if the member were a public service 24
officer. 25
(2) In this section-- 26
"meeting" means the following-- 27
(a) if the member does not attend--a meeting with a quorum 28
present; 29
(b) if the member attends--a meeting with or without a quorum 30
present. 31
s 87 43 s 89
Architects Bill 2002
87 Vacation of office 1
(1) The office of a member becomes vacant if the member-- 2
(a) dies; or 3
(b) resigns office by notice given to the Minister; or 4
(c) is removed from office under section 86. 5
(2) Also, the office of a member becomes vacant if the member ceases to 6
hold the office or qualification, if any, mentioned in section 82(2) for the 7
member. 8
88 Leave of absence for a member 9
(1) The Minister may approve a leave of absence for a member (the 10
"absent member") of not more than 9 months. 11
(2) The Minister may appoint another person to act in the office of the 12
absent member while the member is absent on the leave. 13
(3) A person appointed under subsection (2), must be-- 14
(a) if the absent member is a person mentioned in section 82(2)(a), 15
(b), (e), (f) or (g)--a person who belongs to the same category of 16
persons, mentioned in the section, to which the absent member 17
belongs; or 18
(b) if the absent member is a person mentioned in section 82(2)(c) or 19
(d)--an architect. 20
(4) The Minister's power to appoint a person to act in the office of an 21
absent member does not limit the Governor in Council's powers under the 22
Acts Interpretation Act 1954, section 25(1)(b)(v).6 23
89 Effect of vacancy in membership of board 24
(1) The performance of a function, or exercise of a power, by the board is 25
not affected merely because of a vacancy in the membership of the board. 26
(2) Subsection (1) applies despite section 82(1). 27
6 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 90 44 s 93
Architects Bill 2002
90 Report about person's criminal history 1
(1) To help decide whether a person is a suitable person to be nominated 2
as a member under section 82(3) or appointed to act in the office of a 3
member under section 88(2), the chief executive may ask the commissioner 4
of the police service for a written report about the person's criminal history. 5
(2) However, the chief executive may make a request about a person 6
under subsection (1) only if the person has given the chief executive written 7
consent for the request. 8
(3) If asked by the chief executive, the commissioner of the police 9
service must give the chief executive a written report about the criminal 10
history of the person. 11
(4) The duty imposed on the commissioner of the police service applies 12
only to information in the commissioner's possession or to which the 13
commissioner has access. 14
(5) The chief executive must destroy a report given to the chief executive 15
under this section as soon as practicable after it is no longer needed for the 16
purpose for which it was requested. 17
Division 4--Business and meetings 18
91 Conduct of business 19
Subject to this division, the board may conduct its business, including its 20
meetings, in the way it considers appropriate. 21
92 Times and places of meetings 22
(1) Board meetings must be held at least once in every 2 months at the 23
times and places the chairperson decides. 24
(2) However, the chairperson must call a meeting if asked, in writing, to 25
do so by the Minister or at least 2 members. 26
93 Quorum 27
A quorum for a meeting of the board is 4 members. 28
s 94 45 s 95
Architects Bill 2002
94 Presiding at meetings 1
(1) The chairperson is to preside at all meetings of the board at which the 2
chairperson is present. 3
(2) If the chairperson is absent from a board meeting, but the deputy 4
chairperson is present, the deputy chairperson is to preside. 5
(3) If the chairperson and deputy chairperson are both absent from a 6
board meeting-- 7
(a) the member nominated by the chairperson is to preside; or 8
(b) if the chairperson does not nominate a member under 9
paragraph (a)--the member nominated by the deputy 10
chairperson is to preside. 11
(4) If the offices of chairperson and deputy chairperson are vacant, the 12
member chosen by the members present is to preside. 13
95 Conduct of meetings 14
(1) A question at a board meeting is to be decided by a majority of the 15
votes of the members present and voting. 16
(2) Each member present at the meeting has a vote on each question to 17
be decided and, if the votes are equal, the member presiding has a casting 18
vote. 19
(3) A member present at the meeting who abstains from voting is taken 20
to have voted for the negative. 21
(4) The board may hold meetings, or allow members to take part in its 22
meetings, by using any technology that reasonably allows members to hear 23
and take part in discussions as they happen. 24
25
Example of use of technology--
26
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 27
taken to be present at the meeting. 28
(6) A resolution is validly made by the board, even if it is not passed at a 29
board meeting, if-- 30
(a) a majority of the members gives written agreement to the 31
resolution; and 32
s 96 46 s 97
Architects Bill 2002
(b) notice of the resolution is given under procedures approved by 1
the board. 2
96 Minutes 3
(1) The board must keep minutes of its meetings. 4
(2) Each of the following must be recorded in the minutes-- 5
(a) a decision made under section 73(2) or 75(2); 6
(b) a resolution made under section 95(6); 7
(c) an authorisation by the board under section 105. 7
8
Division 5--Disclosure of interests by board members 9
97 Disclosure of interests 10
(1) This section applies to a board member if-- 11
(a) the member has a direct or indirect interest in an issue being 12
considered, or about to be considered, by the board; and 13
(b) the interest could conflict with the proper performance of the 14
member's duties about the consideration of the issue. 15
(2) As soon as practicable after the relevant facts come to the member's 16
knowledge, the member must disclose the nature of the interest to a 17
meeting of the board. 18
(3) Unless the board otherwise directs, the member must not-- 19
(a) be present when the board considers the issue; or 20
(b) take part in a decision of the board about the issue. 21
(4) The member must not be present when the board is considering 22
whether to give a direction under subsection (3). 23
(5) If there is another member who must, under subsection (2), also 24
disclose an interest in the issue, the other member must not-- 25
7 Sections 73 (Board's decision on investigation about architects), 75 (Board's
decision about other investigations), 95 (Conduct of meetings) and 105 (Board's
common seal)
s 98 47 s 98
Architects Bill 2002
(a) be present when the board is considering whether to give a 1
direction under subsection (3); or 2
(b) take part in making the decision about giving the direction. 3
(6) If-- 4
(a) because of this section, a member is not present at a board 5
meeting for considering or deciding an issue, or for considering 6
or deciding whether to give a direction under subsection (3); and 7
(b) there would be a quorum if the member were present; 8
the remaining members present are a quorum of the board for considering 9
or deciding the issue, or for considering or deciding whether to give the 10
direction, at the meeting. 11
(7) A disclosure under subsection (2) must be recorded in the board's 12
minutes. 13
(8) If the member is an architect, the member does not have a direct or 14
indirect interest in an issue if the interest arises merely because the member 15
is an architect. 16
Division 6--Directions by Minister and performance agreements 17
98 Ministerial direction 18
(1) The Minister may give the board a written direction about the 19
performance of the board's functions or exercise of its powers if satisfied it 20
is necessary to give the direction in the public interest. 21
(2) Without limiting subsection (1), the direction may be to-- 22
(a) give reports and information; or 23
(b) apply to the board a policy, standard or other instrument applying 24
to a public sector unit. 25
(3) The direction can not be about-- 26
(a) the registering of, or refusal to register, an applicant for 27
registration; or 28
(b) the renewing of, or refusal to renew, a registration; or 29
(c) the restoring of, or refusal to restore, a registration; or 30
(d) the cancelling of a registration. 31
s 99 48 s 101
Architects Bill 2002
(4) Despite section 79,8 the board must comply with the direction. 1
(5) However, before giving the direction the Minister must consult with 2
the board. 3
(6) The Minister must publish a copy of the direction in the gazette 4
within 21 days after the direction is given. 5
99 Performance agreement 6
(1) The board must enter into an agreement with the Minister (a 7
"performance agreement") within 1 month after the end of each financial 8
year. 9
(2) The performance agreement must identify the board's strategic 10
direction for the current financial year and the 2 following financial years. 11
(3) The performance agreement may include matters relevant to the 12
operations of the board and agreed to by the Minister and the board. 13
Division 7--Registrar of board 14
100 Appointment and function of registrar 15
(1) There is a registrar of the board. 16
(2) The registrar is to be appointed to the office under the Public Service 17
Act 1996. 18
(3) The registrar is responsible for managing the board's administrative 19
affairs. 20
101 Board to reimburse cost of registrar's services 21
The board must reimburse the public sector unit in which the registrar is 22
employed the reasonable costs of the registrar managing the board's 23
administrative affairs. 24
8 Section 79 (Board's independence etc.)
s 102 49 s 102
Architects Bill 2002
Division 8--Register 1
102 Keeping register 2
(1) The board must keep a register of persons who are, or have been, 3
architects. 4
(2) The register may be kept in the way the board considers appropriate, 5
including, for example, in an electronic form. 6
(3) The register must contain all the following particulars for each 7
person-- 8
(a) the person's name and contact details; 9
(b) the person's qualifications and competencies relied on by the 10
person to obtain registration; 11
(c) if the tribunal makes an order about the person under 12
section 130(2) or (3) or section 131(2)(b)--details of the order, 13
other than any details identified in the order as details that are not 14
to be included in the register; 15
(d) if the tribunal conducts a disciplinary proceeding in relation to 16
the person because of the person's conviction for an offence 17
against this Act--the fact of the conviction; 18
(e) if the person's registration is cancelled under section 29(3)--the 19
day the registration is cancelled and the reasons for the 20
cancellation; 21
(f) if the person's registration is not renewed under section 20--the 22
reasons for not renewing the registration; 23
(g) if the person's registration is not restored under section 24--the 24
reasons for not restoring the registration; 25
(h) other particulars relevant to the person's registration and 26
prescribed under a regulation. 27
(4) If an order mentioned in subsection (3)(c) states a period in which 28
details of the order may be included in the register, the details may be 29
included in the register only for the stated period. 30
(5) The particulars mentioned in subsection (3)(e) to (g) for a decision of 31
the board to cancel, or refuse to renew or restore a person's registration 32
must not be included in the register until-- 33
s 103 50 s 104
Architects Bill 2002
(a) the period in which the person may apply to the tribunal for a 1
review of the decision has ended; or 2
(b) if the person has applied to the tribunal for a review of the 3
decision--the review, and any appeal from the tribunal's decision 4
on the review, has been decided or is otherwise ended. 5
(6) However, if a person applies to the tribunal for a review of a decision 6
of the board to cancel, or refuse to renew or restore the person's 7
registration, the particulars mentioned in subsection (3)(e) to (g) for the 8
decision may only be included in the register if-- 9
(a) the review, and any appeal from the tribunal's decision on the 10
review, is decided or otherwise ended; and 11
(b) the result of the decision on the review and any appeal from the 12
decision, or the ending of the review or appeal, is that the 13
person's registration remains cancelled or may not be renewed or 14
restored. 15
103 Inspection of register 16
(1) The board must-- 17
(a) keep the register open for inspection, free of charge, at the 18
board's office by members of the public during ordinary office 19
hours; and 20
(b) give a person a copy of the register, or a part of it, on payment of 21
the fee prescribed under a regulation. 22
(2) Also, the board may make the register available for inspection on its 23
website. 24
Division 9--Other provisions about the board 25
104 Application of other Acts 26
(1) The board is a statutory body within the meaning of the-- 27
(a) Financial Administration and Audit Act 1977; and 28
(b) Statutory Bodies Financial Arrangements Act 1982. 29
s 105 51 s 107
Architects Bill 2002
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B,9 1
sets out the way in which the board's powers under this Act are affected by 2
the Statutory Bodies Financial Arrangements Act 1982. 3
105 Board's common seal 4
The board's common seal must be kept in the custody of a person 5
nominated by the board and may be used only as authorised by the board. 6
106 Board to reimburse tribunal costs 7
(1) The board must reimburse the department the tribunal costs paid by 8
the department to the tribunal department. 9
(2) In this section-- 10
"tribunal costs" means the reasonable costs of the tribunal incurred in 11
conducting-- 12
(a) proceedings for reviews of decisions mentioned in 13
section 121(2); or 14
(b) disciplinary proceedings. 15
"tribunal department" means the department in which the Tribunal Act is 16
administered. 17
107 Matters to be included in annual report 18
The board's annual report under the Financial Administration and Audit 19
Act 1977 for a financial year must include each of the following-- 20
(a) a copy of all ministerial directions given to the board under 21
section 98(1) during the year; 22
(b) details about action taken by the board to comply with each 23
direction mentioned in paragraph (a); 24
(c) information about whether the board's activities during the year 25
were consistent with its performance agreement; 26
(d) details about the results of disciplinary proceedings, or 27
proceedings for a contravention of the Act, started by the board; 28
9 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 108 52 s 108
Architects Bill 2002
(e) details of the results of reviews, under part 8, division 2,10 of 1
decisions. 2
PART 6--CODES OF PRACTICE 3
108 Board to make code of practice 4
(1) The board must, within 9 months after the commencement of this 5
part, make a code of practice to provide guidance to architects as to 6
appropriate professional conduct or practice. 7
(2) In developing or amending a code of practice, the board must consult 8
with-- 9
(a) professional associations in the State that the board considers 10
represent the interests of architects; and 11
(b) universities that-- 12
(i) are established in Queensland; and 13
(ii) are engaged in the education of students to practise in the 14
profession of architecture; and 15
(c) any other entity the Minister directs the board to consult with. 16
(3) A code of practice, or an amendment of a code of practice, has no 17
effect until it is approved under a regulation. 18
(4) The board may make a code of practice by adopting another entity's 19
code of practice with or without changes. 20
(5) The board must review its code of practice at least once every 21
3 years. 22
(6) The board's code of practice is a statutory instrument within the 23
meaning of the Statutory Instruments Act 1992. 24
10 Part 8 (Reviews and disciplinary proceedings), division 2 (Reviews)
s 109 53 s 112
Architects Bill 2002
109 Tabling of code 1
(1) This section applies if, under section 108(3), a code of practice, or 2
amendment of a code of practice, has been approved under a regulation. 3
(2) The Minister must, within 14 sitting days after the regulation is 4
gazetted, table a copy of the code, or amendment or amended code, in the 5
Legislative Assembly. 6
(3) A failure to comply with subsection (2) does not invalidate or 7
otherwise affect the code or the regulation. 8
110 Inspection of code 9
(1) The board must-- 10
(a) keep copies of the code of practice, as in force from time to time, 11
available for inspection, free of charge, at the board's office by 12
members of the public during ordinary office hours; and 13
(b) give a person a copy of the code, or a part of it, on payment of the 14
fee prescribed under a regulation. 15
(2) Also, the board may make the code of practice available for 16
inspection on its website. 17
111 Notice of approval or amendment of code 18
The board must notify architects of the approval of a code of practice 19
and any amendment of the code. 20
112 Use of code of practice in a disciplinary proceeding 21
(1) An approved code of practice is admissible as evidence in a 22
disciplinary proceeding brought by the board against an architect under this 23
Act. 24
(2) The code may only be used to provide evidence, in the disciplinary 25
proceeding, of appropriate professional conduct or practice for an architect. 26
s 113 54 s 115
Architects Bill 2002
PART 7--OTHER OFFENCE PROVISIONS 1
113 Claims about being an architect 2
(1) A person who is not an architect must not-- 3
(a) claim, or hold himself or herself out, to be an architect; or 4
(b) allow himself or herself to be held out as an architect. 5
Maximum penalty--1 000 penalty units. 6
(2) A person must not hold out another person as an architect if the 7
person knows or ought reasonably to know the other person is not an 8
architect. 9
Maximum penalty--1 000 penalty units. 10
114 Using titles or names etc. 11
(1) A person who is not an architect must not use-- 12
(a) the title `architect' or `registered architect'; or 13
(b) another title or name, prescribed under a regulation, that in the 14
context in which the title or name is used suggests that the person 15
is an architect. 16
Maximum penalty--1 000 penalty units. 17
(2) A person who is not an architect must not use any of the following 18
words to advertise or otherwise promote services provided by the person 19
unless the services are to be provided using an architect-- 20
(a) `architectural services', `architectural design services' or 21
`architectural design'; 22
(b) other words, prescribed under a regulation, that in the context in 23
which the words are used suggest that the services to which the 24
words relate are to be provided using an architect. 25
Maximum penalty--1 000 penalty units. 26
115 Claims about provision of architectural services 27
(1) This section applies if a person claims, or holds out, that the person 28
provides architectural services at a place using an architect. 29
s 116 55 s 117
Architects Bill 2002
(2) If the person provides the services, the person must ensure an 1
architect-- 2
(a) is at the place while the services are provided; and 3
(b) carries out, or is responsible for the carrying out of, the services. 4
Maximum penalty--1 000 penalty units. 5
(3) In this section-- 6
"place" does not include a place at which a person provides architectural 7
services for a single construction site. 8
9
Example of a place--
10
A site office for a construction project.
116 Providing information about architects 11
(1) This section applies to a person who claims, or holds out, that the 12
person will provide architectural services to someone (the "other person") 13
using an architect. 14
(2) The person must inform the other person of the name and contact 15
details of the architect responsible for the carrying out of the services. 16
Maximum penalty--300 penalty units. 17
(3) If the person informs another person of the name and contact details 18
of an architect under subsection (2), the person also must inform the other 19
person of the name and contact details of any other architect who becomes 20
responsible for the carrying out of the services. 21
Maximum penalty--300 penalty units. 22
117 Information on correspondence about architectural services 23
(1) This section applies to a person who provides, or intends to provide, 24
architectural services to someone (the "other person") using an architect. 25
(2) The person must ensure the name and contact details of the architect 26
who is, or will be, responsible for the carrying out of the services are stated 27
on all correspondence about the services from the person to the other 28
person. 29
Maximum penalty--300 penalty units. 30
s 118 56 s 120
Architects Bill 2002
118 Information for advertisements 1
A person must not advertise that the person provides architectural 2
services using an architect unless the name and contact details of the 3
architect responsible for the carrying out of the services is stated in the 4
advertisement. 5
Maximum penalty--300 penalty units. 6
PART 8--REVIEWS AND DISCIPLINARY 7
PROCEEDINGS 8
Division 1--Preliminary 9
119 Application of Tribunal Act 10
Subject to this part, the Tribunal Act applies to a review or a disciplinary 11
proceeding under the part to the extent that the Tribunal Act is capable of 12
applying. 13
120 Representation at proceeding 14
(1) In a proceeding before the tribunal-- 15
(a) the board may only be represented by a person who is not a 16
lawyer; and 17
(b) an individual must represent himself or herself. 18
(2) However, the board may be represented by a lawyer, and an 19
individual may be represented by a lawyer or other person, if-- 20
(a) all parties to the proceeding agree; or 21
(b) the proceeding is a disciplinary proceeding; or 22
(c) the tribunal considers it appropriate in the interests of justice to 23
allow the representation, having regard to all or any of the 24
following-- 25
(i) the cost of representation and whether each party can afford 26
to be represented; 27
s 121 57 s 122
Architects Bill 2002
(ii) the complexity of the legal and factual issues involved; 1
(iii) the potential for lengthening the proceedings if a party is not 2
represented; 3
(iv) the ability of the party to represent himself or herself. 4
(3) Also, at a disciplinary proceeding a person summonsed to attend 5
before the tribunal is entitled to be represented by a lawyer or other person. 6
Division 2--Reviews 7
121 Review of particular decisions 8
(1) The tribunal may, on application by a person mentioned in 9
subsection (2), review the decision of the board stated in the subsection for 10
the person. 11
(2) Each of the following persons may apply to the tribunal for a review 12
of the decision stated for the person-- 13
(a) a person whose application for registration, or renewal or 14
restoration of registration, is refused; 15
(b) a person whose application for renewal or restoration of 16
registration is not accepted by the board under section 18(4) or 17
23(3); 18
(c) a person whose registration is cancelled under section 29(3); 19
(d) a person who, under section 73(2)(c) or 75(2)(c), has been 20
cautioned or reprimanded; 21
(e) a person who makes a complaint if the board decides, under 22
section 73(2)(d), to take no further action about the complaint. 23
(3) The tribunal may confirm, vary or reverse the decision and may make 24
and give consequential orders and directions. 25
122 Application for review 26
(1) A proceeding for a review is started by a person-- 27
(a) filing, under the Tribunal Act, section 29, an application for the 28
proceeding; and 29
(b) paying the fee prescribed under section 29(1) of that Act; and 30
s 123 58 s 126
Architects Bill 2002
(c) serving a copy of the application on the board under 1
section 29(4) of that Act.11 2
(2) The application must be made within 28 days after the applicant 3
receives the information notice for the decision the subject of the review. 4
123 Stay of operation of decision 5
(1) The tribunal may make an order staying the operation of-- 6
(a) a decision, under section 20(1), refusing to renew a person's 7
registration; or 8
(b) a decision, under section 29(3), cancelling a person's 9
registration. 10
(2) The stay may be granted on conditions the tribunal considers 11
appropriate and has effect for the period stated by the tribunal. 12
(3) The period of the stay must not extend past the time when the 13
tribunal decides the matter the subject of the review. 14
124 Effect of review on operation of decision 15
A review of a decision does not affect the operation of the decision 16
unless the tribunal stays the decision. 17
125 Information about review 18
The board must keep available for inspection, at the board's office by 19
members of the public, information about how a person may apply to the 20
tribunal for a review of a decision mentioned in section 121(2). 21
Division 3--Disciplinary proceedings 22
126 Tribunal may conduct disciplinary proceeding 23
The tribunal may, on application by the board, conduct a proceeding 24
(a "disciplinary proceeding") to decide whether a disciplinary ground is 25
established. 26
11 The Tribunal Act, section 29 (Start of proceedings)
s 127 59 s 130
Architects Bill 2002
127 Starting disciplinary proceeding 1
(1) A disciplinary proceeding is started by the board-- 2
(a) filing, under the Tribunal Act, section 29, an application for the 3
proceeding; and 4
(b) paying the fee prescribed under section 29(1) of that Act; and 5
(c) serving a copy of the application on the architect under 6
section 29(4) of that Act. 7
(2) The application must be made within 28 days after the board decides, 8
under section 73(2)(a), to start the proceeding. 9
128 Tribunal to have regard to code of practice 10
If the tribunal is making a decision about whether the architect has 11
behaved in a way that constitutes unsatisfactory professional conduct or 12
practice, the tribunal must have regard to the approved code of practice. 13
129 Continuation of particular proceeding 14
(1) This section applies if, after a disciplinary proceeding is started 15
against a person, the person ceases to be an architect. 16
(2) The proceeding may continue under this part. 17
130 Orders relating to architect 18
(1) If the tribunal decides that a disciplinary ground is established, the 19
tribunal may-- 20
(a) make 1 or more of the orders mentioned in subsections (2) to (4); 21
or 22
(b) take no action against the architect. 23
(2) The tribunal may order the architect to pay a stated amount of not 24
more than the equivalent of 40 penalty units. 25
(3) Also, the tribunal may make an order-- 26
(a) reprimanding the architect; or 27
(b) cancelling the architect's registration; or 28
s 131 60 s 131
Architects Bill 2002
(c) disqualifying, indefinitely or for a stated period, the architect 1
from obtaining registration as an architect. 2
(4) An order for payment of an amount under subsection (2) may direct 3
that, if the architect does not pay the amount within the period stated in the 4
order, the architect's registration be suspended until the amount is paid. 5
(5) If the architect does not pay the amount within the stated period, the 6
registration is suspended until the earlier of the following-- 7
(a) the day the amount is paid; 8
(b) the day the registration expires. 9
(6) The suspension takes effect immediately after the end of the stated 10
period. 11
131 Orders relating to former architect 12
(1) This section applies if the tribunal decides that a disciplinary ground 13
is established against a person who-- 14
(a) was an architect when the disciplinary proceeding for the person 15
started; and 16
(b) is not registered at the time of the tribunal's decision. 17
(2) The tribunal may decide-- 18
(a) to take no action against the person; or 19
(b) to do 1 or more of the following-- 20
(i) order the person to pay a stated amount of not more than the 21
equivalent of 40 penalty units; 22
(ii) make an order indicating another order mentioned in 23
section 130(3) would have been made if the person were 24
registered. 25
(3) If the tribunal indicates under subsection (2)(b)(ii) that if the person 26
were registered it would have cancelled the person's registration, or 27
disqualified the person from obtaining registration for a period, the tribunal 28
must also decide the period during which the person must not be 29
re-registered by the board. 30
(4) A decision under subsection (3) may be that the person must never be 31
re-registered by the board. 32
s 132 61 s 135
Architects Bill 2002
132 Effect of particular orders 1
(1) An order under section 130(2) or 131(2)(b)(i) must order that the 2
amount be paid to the board. 3
(2) If the tribunal makes an order under section 130(3)(c), the board 4
must not-- 5
(a) if the disqualification is indefinite--re-register the architect; or 6
(b) if the disqualification is for a stated period--re-register the 7
architect during the period stated in the order. 8
(3) If the tribunal decides under section 131(3) a period during which a 9
person must not be re-registered by the board, the board must not register 10
the person during the period. 11
133 Recording details of orders 12
If the tribunal makes an order about a person under section 130(2) or (3) 13
or section 131(2)(b), the order may state-- 14
(a) the period in which the details of the order are to be included in 15
the register for the person; and 16
(b) the particular details of the order, if any, that the tribunal decides 17
are not to be included in the register. 18
PART 9--LEGAL PROCEEDINGS 19
Division 1--Evidence 20
134 Application of div 1 21
This division applies to a proceeding for an offence against this Act or a 22
disciplinary proceeding. 23
135 Appointments and authority 24
The following must be presumed unless a party to the proceeding, by 25
reasonable notice, requires proof of it-- 26
s 136 62 s 137
Architects Bill 2002
(a) the appointment of-- 1
(i) the chairperson or another board member; or 2
(ii) the registrar; or 3
(iii) an investigator; 4
(b) the authority of the board or a person mentioned in paragraph (a) 5
to do anything under this Act. 6
136 Signatures 7
A signature purporting to be the signature of the chairperson, a member 8
or an investigator, is evidence of the signature it purports to be. 9
137 Evidentiary matters 10
A certificate purporting to be signed by the registrar and stating any of 11
the following matters is evidence of the matter-- 12
(a) a stated document is 1 of the following things made, given, 13
issued or kept under this Act-- 14
(i) an appointment or decision; 15
(ii) a direction, notice, order or requirement; 16
(iii) a certificate of registration; 17
(iv) the board's minutes or an extract from the board's minutes; 18
(v) another record or an extract from another record; 19
(vi) the register or an extract from the register; 20
(b) a stated document is an approved code of practice or an approved 21
amendment of a code of practice; 22
(c) a stated document is another document kept under this Act; 23
(d) a stated document is a copy of a thing mentioned in 24
paragraph (a), (b) or (c); 25
(e) on a stated day, or during a stated period, a stated person was or 26
was not registered under this Act; 27
(f) on a stated day, a registration was cancelled; 28
(g) on a stated day, or during a stated period, a registration was 29
suspended; 30
s 138 63 s 139
Architects Bill 2002
(h) on a stated day, or during a stated period, an appointment as an 1
investigator was, or was not, in force for a stated person; 2
(i) on a stated day-- 3
(i) a stated person was given a stated notice or direction under 4
this Act; or 5
(ii) a stated requirement under this Act was made of a stated 6
person; 7
(j) a stated fee or other amount is payable by a stated person to the 8
board and has not been paid. 9
Division 2--Offence proceedings 10
138 Summary proceedings for offences 11
(1) A proceeding for an offence against this Act must be taken in a 12
summary way under the Justices Act 1886. 13
(2) The proceeding must start-- 14
(a) within 1 year after the commission of the offence; or 15
(b) within 6 months after the commission of the offence comes to the 16
complainant's knowledge, but within 2 years after the 17
commission of the offence. 18
139 False or misleading information or statements 19
In a proceeding for an offence against this Act defined as involving false 20
or misleading information, or a false or misleading statement, it is enough 21
for a charge to state that the information or statement was, without 22
specifying which, `false or misleading'. 23
s 140 64 s 141
Architects Bill 2002
PART 10--OTHER MATTERS 1
140 Performance and carrying out of architectural services by 2
particular entities 3
(1) This section applies to-- 4
(a) a person who is not an architect if the person, in performing, or 5
undertaking to perform, architectural services for someone (the 6
"client")-- 7
(i) claims, or holds himself or herself out, to be an architect; or 8
(ii) allows himself or herself to be held out as an architect; or 9
(b) another person if-- 10
(i) the person, in providing, or undertaking to provide, 11
architectural services for someone (also the "client") 12
claims, or holds out, that the services are carried out, or to 13
be carried out, by or under the supervision of an architect; 14
and 15
(ii) the services are not carried out by or under the supervision 16
of an architect. 17
(2) Despite any agreement between the person and the client, the person 18
is not entitled to any monetary or other consideration for the performance 19
or carrying out of the architectural services. 20
141 Protection from liability 21
(1) This section applies to each of the following persons (a "relevant 22
person")-- 23
(a) the Minister; 24
(b) a member; 25
(c) an investigator; 26
(d) a person engaged, under section 45, to assist the board or an 27
investigator. 28
(2) A relevant person is not civilly liable to someone for an act done, or 29
omission made, honestly and without negligence under this Act. 30
s 142 65 s 144
Architects Bill 2002
(3) If subsection (2) prevents a civil liability attaching to a relevant 1
person mentioned in subsection (1)(a), the liability attaches instead to the 2
State. 3
(4) If subsection (2) prevents a civil liability attaching to a relevant 4
person mentioned in subsection (1)(b), (c) or (d), the liability attaches 5
instead to the board. 6
142 Approval of forms 7
The chief executive may approve forms for use under this Act. 8
143 Regulation-making power 9
(1) The Governor in Council may make regulations under this Act. 10
(2) A regulation may be made about the following-- 11
(a) fees, including the refunding of fees, for this Act; 12
(b) the procedures for electing a member of the board; 13
(c) imposing a penalty of no more than 20 penalty units for 14
contravention of a regulation. 15
(3) Without limiting subsection (2)(a), a regulation may prescribe 16
amounts as fees having regard to the costs of the board performing its 17
functions under, or complying with, this Act or another Act. 18
(4) Also, without limiting section 10(1)(a), a regulation may provide for 19
a qualification under that paragraph by reference to subjects or areas of 20
learning relating to architecture. 21
PART 11--REPEAL AND TRANSITIONAL PROVISIONS 22
Division 1--Repeal 23
144 Repeal of Architects Act 1985 24
The Architects Act 1985 (1985 Act No. 22) is repealed. 25
s 145 66 s 148
Architects Bill 2002
Division 2--Transitional provisions 1
Subdivision 1--Preliminary 2
145 Definitions for div 2 3
"approved architectural company" means a company that, immediately 4
before the commencement, has an approval granted under part 4 of the 5
repealed Act. 6
"commencement" means the commencement of the provision in which 7
the term is used. 8
"disciplinary panel" means the Architects Disciplinary Panel established 9
under the repealed Act. 10
"former board" means the Board of Architects of Queensland established 11
under the repealed Act. 12
"prescribed examination" means an examination prescribed under a 13
regulation in force under the repealed Act immediately before the 14
commencement. 15
Subdivision 2--Transitional references 16
146 References to repealed Act 17
A reference in an Act or document to the repealed Act may, if the 18
context permits, be taken as a reference to this Act. 19
147 References to former board 20
A reference in an Act or document to the former board may, if the 21
context permits, be taken as a reference to the board. 22
Subdivision 3--Other transitional provisions 23
148 Dissolution of former board 24
(1) On the commencement-- 25
s 149 67 s 151
Architects Bill 2002
(a) the former board is dissolved; and 1
(b) the members of the board go out of office. 2
(2) No compensation is payable to a member because of subsection (1). 3
149 Particular members of former board continue in office 4
(1) This section applies to a person who is a member of the former board 5
immediately before the commencement if the person's term of appointment 6
as a member would, other than for this section, have ended before the 7
commencement of section 148 of this Act. 8
(2) Despite section 812 of the repealed Act, the person continues as a 9
member of the former board until it is dissolved under section 148 of this 10
Act. 11
150 First appointment of particular member 12
(1) For the purpose of the first appointment of a member of the board 13
under section 82(2)(c), the Governor in Council may appoint any person 14
holding office under section 5(1)(a) or (c) of the repealed Act before the 15
commencement. 16
(2) A person appointed under subsection (1)-- 17
(a) is taken to be properly appointed under section 82; and 18
(b) holds office until-- 19
(i) the end of 18 months after the commencement; or 20
(ii) if the person, or another person, is earlier elected under 21
section 82(2)(c)--the day the person or other person is 22
elected. 23
151 Employees of former board 24
(1) This section applies to a person who, immediately before the 25
commencement, was an employee of the former board. 26
(2) On the commencement, the person becomes an employee of the 27
board. 28
12 The repealed Act, section 8 (Tenure of office and remuneration of members)
s 152 68 s 155
Architects Bill 2002
(3) The person-- 1
(a) must be employed on terms and conditions at least equivalent to 2
the person's terms and conditions of employment immediately 3
before the commencement; and 4
(b) remains entitled to all rights of employment existing or accruing 5
immediately before the commencement. 6
152 Vesting of former board's assets, rights and liabilities 7
On the commencement, the assets, rights and liabilities of the former 8
board vest in the board. 9
153 Vesting of former board's pending legal proceedings 10
(1) This section applies to a legal proceeding that-- 11
(a) was taken by or against a following person before the 12
commencement-- 13
(i) the former board; 14
(ii) a member of the former board in the person's capacity as a 15
member of the former board; and 16
(b) has not been finished before the commencement. 17
(2) From the commencement, the proceeding may be continued and 18
finished by or against the board. 19
154 Dissolution of disciplinary panel 20
(1) On the commencement-- 21
(a) the disciplinary panel is dissolved; and 22
(b) the members of the panel go out of office. 23
(2) No compensation is payable to a member because of subsection (1). 24
155 Complaints under repealed Act 25
(1) This section applies to a complaint about an individual given to the 26
former board under the repealed Act if, before the commencement, the 27
s 156 69 s 157
Architects Bill 2002
former board had not appointed a person to investigate the complaint, or 1
otherwise dealt with, the complaint under that Act. 2
(2) The complaint is taken to be a complaint under this Act. 3
156 Disciplinary proceeding started before commencement 4
(1) This section applies if, under the repealed Act and before the 5
commencement-- 6
(a) the former board has laid a disciplinary charge against an 7
architect; and 8
(b) a disciplinary panel has been formed to hear and decide the 9
charge. 10
(2) The disciplinary panel may hear, or continue to hear, and decide the 11
charge under the repealed Act as if the Act had not been repealed and the 12
panel had not been dissolved under section 154. 13
(3) Also, for hearing the charge or doing anything else under the 14
repealed Act in relation to the charge, a disciplinary panel member has the 15
member's entitlements under the repealed Act. 16
(4) The repealed Act continues in force for the purposes of the panel and 17
the proceeding, including, for example, the making of an order by the panel 18
under section 8013 of that Act. 19
(5) An order of the panel under section 80 of the repealed Act has effect 20
as if it were an order of the tribunal under section 130 or 131 of this Act. 21
(6) For this section, a reference in the repealed Act to the board may, if 22
necessary or desirable for the proceeding, be taken to be a reference to the 23
board established under this Act. 24
157 Continuing investigations 25
(1) This section applies to a person who-- 26
(a) is appointed as an investigator under section 3114 of the repealed 27
Act; and 28
13 The repealed Act, section 80 (Orders on finding of guilt)
14 The repealed Act, section 31 (Appointment of investigator)
s 158 70 s 158
Architects Bill 2002
(b) immediately before the commencement, is investigating the 1
conduct of an architect under the repealed Act. 2
(2) On the commencement, the person is taken to be an investigator 3
under section 48 and may continue the investigation under this Act. 4
158 Appeals 5
(1) Subsection (2) applies if-- 6
(a) a person has appealed to the District Court under the repealed 7
Act before the commencement against a following decision-- 8
(i) a decision of the former board to refuse an application for 9
registration; 10
(ii) a decision of the former board, under section 20(1)(c) or (d) 11
of the repealed Act, to remove a person's name from the 12
register under that Act; 13
(iii) a decision mentioned in section 84(1)15 of the repealed Act; 14
and 15
(b) the appeal has not been decided before the commencement. 16
(2) The District Court may hear, or continue to hear, and decide the 17
appeal under the repealed Act as if the Act had not been repealed. 18
(3) Subsection (4) applies if-- 19
(a) immediately before the commencement a person could have 20
appealed to the District Court under the repealed Act against a 21
decision mentioned in subsection (1)(a); and 22
(b) the person has not appealed before the commencement. 23
(4) The person may appeal, and the District Court may hear and decide 24
the appeal, under the repealed Act as if this Act had not commenced. 25
(5) For giving effect to its decision under subsection (2) or (4), the 26
District Court may make the orders it considers necessary having regard to 27
the provisions of this Act. 28
15 The repealed Act, sections 20 (Removal from register) and 84 (Appeals from
disciplinary panel's decisions)
s 159 71 s 161
Architects Bill 2002
1
Example for subsection (5)--
2
On an appeal by a person against a decision to cancel the person's registration under the
3
repealed Act, the District Court may order that the board register the person under this
4
Act.
159 Existing registrations 5
(1) This section applies to an individual who, immediately before the 6
commencement, was an architect under the repealed Act. 7
(2) On the commencement, the individual is taken to be an architect 8
under this Act. 9
(3) Despite section 15,16 the registration remains in force, unless it is 10
sooner cancelled, until the later of the following days-- 11
(a) 31 December first happening after the commencement; 12
(b) the day that is 3 months after the commencement. 13
(4) However, if the individual pays the registration fee to the board 14
before the day on which the registration would have ended under 15
subsection (3), the registration remains in force until the last day of the 16
financial year in which the registration would otherwise have ended under 17
the subsection. 18
(5) In this section-- 19
"registration fee" means the registration fee prescribed under 20
section 8(2)(b)(iv) for registration for not more than 6 months. 21
160 Existing approvals 22
(1) This section applies to an approved architectural company. 23
(2) On the commencement, the company's approval granted under part 4 24
of the repealed Act ceases to have effect. 25
161 Existing applications for registration 26
(1) This section applies to an application for registration as an architect 27
under the repealed Act and not decided before the commencement. 28
(2) The application must be decided under this Act. 29
16 Section 15 (Period of registration)
s 162 72 s 164
Architects Bill 2002
162 Continuing effect of qualifications under repealed Act 1
(1) Subsection (2) applies-- 2
(a) despite the repeal of the repealed Act; and 3
(b) only until a regulation provides for the qualifications and 4
competencies in the practice of architecture under section 10(1) 5
of this Act. 6
(2) A person is taken to be qualified for registration under section 10(1) 7
if the person complies with the requirements for registration under 8
section 16(1)(a) and (b) of the repealed Act. 9
163 Matters about prescribed examinations 10
(1) Subsection (2) applies to a person who-- 11
(a) immediately before the commencement, is undertaking part 1 or 12
2 of the prescribed examinations; and 13
(b) successfully completes part 2 of the prescribed examinations 14
before 1 July 2005. 15
(2) Despite section 10(1), successful completion of part 2 of the 16
prescribed examinations is taken to be a qualification mentioned in 17
section 10(1)(a). 18
(3) The board or another entity approved by the board must continue to 19
conduct parts 1 and 2 of the prescribed examinations until 1 July 2005. 20
(4) The board or another entity approved by the board must continue to 21
conduct part 3 of the prescribed examinations for a person mentioned in 22
subsection (1)(a) until a regulation provides for the competencies in the 23
practice of architecture under section 10(1)(b) of this Act. 24
164 Fees for prescribed examinations 25
The fee payable to the board for entry to a prescribed examination is the 26
fee that would have been payable for the entry immediately before the 27
commencement. 28
s 165 73 s 166
Architects Bill 2002
165 Refund of fees--approved architectural company 1
(1) As soon as practicable after the commencement, the board must 2
refund to each approved architectural company an amount calculated using 3
the formula-- 4
A = F B + ----- × C
F
-
12
(2) In this section-- 5
"A" means the amount to be refunded. 6
"B" means a reasonable amount, decided by the board, for administrative 7
costs incurred by the board in refunding the amount under this section. 8
"C" means the number of whole months for which the company was 9
registered as an approved architectural company in the relevant period 10
in which this section commences. 11
"F" means-- 12
(a) if the company applied for registration as an approved 13
architectural company in the year in which this section 14
commences--$205; or 15
(b) if the company applied for renewal of its certificate of approval 16
as an approved architectural company in the year in which this 17
section commences--$145. 18
"relevant period" means the period from 1 March in a year to the last day 19
of February in the following year. 20
PART 12--CONSEQUENTIAL AMENDMENTS 21
166 Acts amended 22
Schedule 1 amends the Acts mentioned in it. 23
74
Architects Bill 2002
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 166 3
BUILDING UNITS AND GROUP TITLES ACT 1980 4
1 Section 9(8)(b), `Architects Act 1985'-- 5
omit, insert-- 6
`Architects Act 2002'. 7
DOMESTIC BUILDING CONTRACTS ACT 2000 8
2 Schedule 2, definition "architect", `Architects Act 1985'-- 9
omit, insert-- 10
`Architects Act 2002'. 11
QUEENSLAND BUILDING SERVICES AUTHORITY 12
ACT 1991 13
3 Schedule 2, definition "architect", `Architects Act 1985'-- 14
omit, insert-- 15
`Architects Act 2002'. 16
75
Architects Bill 2002
SCHEDULE 1 (continued)
SUBCONTRACTORS' CHARGES ACT 1974 1
4 Section 10A(1)(a), `Architects Act 1985'-- 2
omit, insert-- 3
`Architects Act 2002'. 4
76
Architects Bill 2002
SCHEDULE 2 1
DICTIONARY 2
section 7 3
"affected by bankruptcy action", in relation to an individual, means the 4
individual-- 5
(a) is bankrupt; or 6
(b) has compounded with creditors; or 7
(c) as a debtor, has otherwise taken, or applied to take, advantage of 8
any law about bankruptcy. 9
"affected by control action", in relation to a corporation, means the 10
corporation-- 11
(a) has executed a deed of company arrangement under the 12
Corporations Act; or 13
(b) is the subject of a winding-up, whether voluntarily or under a 14
court order, under that Act; or 15
(c) is the subject of an appointment of an administrator, liquidator, 16
receiver or receiver and manager under that Act. 17
"annual registration fee" means the fee prescribed under a regulation to 18
be the annual registration fee. 19
"approved code of practice" means the code of practice having effect 20
under section 108(3). 21
"approved form" means a form approved under section 142. 22
"architect" means a person registered as an architect under this Act. 23
"architectural services" means services about architecture ordinarily 24
provided by an architect. 25
"assessment entity"-- 26
(a) for assessing an individual against the qualifications or 27
competencies provided for under section 10(1)--see 28
section 10(3); and 29
77
Architects Bill 2002
SCHEDULE 2 (continued)
(b) for assessing an individual against the continuing competency 1
requirements--see section 16(3). 2
"board" means the Board of Architects of Queensland established under 3
this Act. 4
"certificate of registration" means a certificate of registration as an 5
architect. 6
"chairperson" means the chairperson of the board. 7
"complainant" means a person who makes a complaint. 8
"complaint" means a complaint made under section 37(1). 9
"contact details", of an architect, means the architect's business address, 10
telephone number, facsimile number or e-mail address notified to the 11
board by the architect. 12
"continuing competency requirements" see section 16(1). 13
"criminal history", of a person, means the convictions, other than spent 14
convictions, recorded against the person for offences, in Queensland 15
or elsewhere, whether before or after the commencement of this Act. 16
"deputy chairperson" means the deputy chairperson of the board. 17
"disciplinary ground" see section 36. 18
"disciplinary proceeding" see section 126. 19
"executive officer", of a corporation affected by control action, means a 20
person who was an executive officer of the corporation when it 21
became affected by control action or within 1 year before it became 22
affected by the action if 5 years have not elapsed since it became 23
affected by the action. 24
"executive officer", of a corporation, means a person who is concerned 25
with, or takes part in, the corporation's management, whether or not 26
the person is a director or the person's position is given the name of 27
executive officer. 28
"expiry day" see section 18(2). 29
"indictable offence" includes an indictable offence dealt with summarily. 30
"information" includes a document. 31
78
Architects Bill 2002
SCHEDULE 2 (continued)
"information notice", for a decision of the board, means a notice stating 1
the following-- 2
(a) the decision; 3
(b) the reasons for it; 4
(c) that the person to whom the notice is given may apply to the 5
tribunal for a review of the decision within 28 days after the 6
person receives the notice; 7
(d) how the person may apply to the tribunal. 8
"institute" see section 82(2)(b)(i). 9
"investigator" means a person appointed as an investigator under 10
section 48(1). 11
"member" means a member of the board. 12
"notice" means a written notice. 13
"performance agreement" see section 99(1). 14
"regional Queensland" means the area of the State other than-- 15
(a) the Beaudesert, Boonah, Brisbane, Caboolture, Caloundra, 16
Crows Nest, Esk, Gatton, Gold Coast, Ipswich, Kilcoy, Laidley, 17
Logan, Maroochy, Noosa, Pine Rivers, Redcliffe and Redland 18
local government areas; and 19
(b) the area of the City of Brisbane. 20
"register" means the register kept under section 102. 21
"registrar" means the registrar of the board. 22
"registration" means registration under part 2. 23
"registration period" see section 15(1). 24
"repealed Act" means the Architects Act 1985. 25
"spent conviction" means a conviction-- 26
(a) for which the rehabilitation period under the Criminal Law 27
(Rehabilitation of Offenders) Act 1986 has expired under that 28
Act; and 29
79
Architects Bill 2002
SCHEDULE 2 (continued)
(b) that is not revived as prescribed by section 1117 of that Act. 1
"tribunal" means the Queensland Building Tribunal established under the 2
Tribunal Act. 3
"Tribunal Act" means the Queensland Building Tribunal Act 2000. 4
"unsatisfactory professional conduct", for an architect, includes the 5
following-- 6
(a) conduct that is of a lesser standard than that which might 7
reasonably be expected of the architect by the public or the 8
architect's professional peers; 9
(b) conduct that demonstrates incompetence, or a lack of adequate 10
knowledge, skill, judgment or care, in the practice of 11
architecture; 12
(c) misconduct in a professional respect; 13
(d) fraudulent or dishonest behaviour in the practice of architecture; 14
(e) other improper or unethical conduct. 15
© State of Queensland 2002
17 Criminal Law (Rehabilitation of Offenders) Act 1986, section 11 (Revival of
convictions)
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