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This is a Bill, not an Act. For current law, see the Acts databases.


PROFESSIONAL ENGINEERS AMENDMENT BILL 1997

       Queensland




    PROFESSIONAL
ENGINEERS AMENDMENT
      BILL 1997

 


 

 

Queensland PROFESSIONAL ENGINEERS AMENDMENT BILL 1997 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Replacement of pt 8 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 8--COMPLAINTS AND PROCEEDINGS Division 1--Complaints and investigations 5 Amendment of s 51 (Disciplinary charge may be laid) . . . . . . . . . . . . . . . . 5 6 Insertion of new div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2--Disciplinary charges and proceedings Subdivision 1--Establishment and membership of disciplinary panel 51A Disciplinary panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 51B Disciplinary panel's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 51C Disciplinary panel's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 51D Membership of disciplinary panel . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 51E Appointment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 51F Restriction on appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 51G Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 51H Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 51I Member ceasing as a member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 51J Ending of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 51K Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 51L Acting chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 


 

2 Professional Engineers Amendment 51M Chairperson's power to give directions on arrangement of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Subdivision 2--Constituting disciplinary panel for particular proceedings 51N Constitution of disciplinary panel for particular proceeding . . . . . . 10 51O Member of disciplinary panel ceasing to be available . . . . . . . . . . . 11 51P Sitting places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 Replacement of s 52 (Proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Subdivision 3--Disciplinary panel proceedings 52 Proceedings before disciplinary panel . . . . . . . . . . . . . . . . . . . . . . . . 12 8 Omission of ss 53­55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 9 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 59A Determinations of questions before disciplinary panel . . . . . . . . . . . 14 10 Amendment of s 60 (Board may order cancellation of registration, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Insertion of new s 61A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 61A Notification of disciplinary panel's decisions and reasons . . . . . . . . 15 12 Amendment of s 62 (Publication of decision) . . . . . . . . . . . . . . . . . . . . . . . . 15 13 Amendment of s 66 (False statements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 14 Amendment of s 67 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Insertion of new pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 PART 10--TRANSITIONAL 72 Disciplinary charges before the board . . . . . . . . . . . . . . . . . . . . . . . . 18 73 Existing proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 19 MINOR AMENDMENTS OF THE PROFESSIONAL ENGINEERS ACT 1988

 


 

1997 A BILL FOR An Act to amend the Professional Engineers Act 1988

 


 

s1 4 s4 Professional Engineers Amendment The Parliament of Queensland enacts-- 1 title 2 Short Clause 1. This Act may be cited as the Professional Engineers Amendment Act 3 1997. 4 amended 5 Act Clause 2. This Act amends the Professional Engineers Act 1988. 6 of s 5 (Interpretation) 7 Amendment Clause 3.(1) Section 5, definitions "chairperson" and "member"-- 8 omit. 9 (2) Section 5-- 10 insert-- 11 ` "chairperson" means-- 12 (a) for the board--the chairperson of the board; and 13 (b) for the disciplinary panel--the chairperson of the disciplinary 14 panel. 15 "disciplinary panel" means the Professional Engineers Disciplinary Panel 16 established under section 51A. 17 "member" means-- 18 (a) for the board--a member of the board; and 19 (b) for the disciplinary panel--a member of the disciplinary panel. 20 "presiding member" see section 51N.'. 21 of pt 8 heading 22 Replacement Clause 4. Part 8, heading-- 23

 


 

s5 5 s5 Professional Engineers Amendment omit, insert-- 1 `PART 8--COMPLAINTS AND PROCEEDINGS 2 1--Complaints and investigations'. 3 `Division of s 51 (Disciplinary charge may be laid) 4 Amendment Clause 5.(1) Section 51, heading-- 5 omit, insert-- 6 `Disciplinary charge may be laid and referred to disciplinary panel'. 7 (2) Section 51(1), from `(1) If the investigator' to `on the ground 8 that--'-- 9 omit, insert-- 10 `(1) This section applies if, after considering an investigator's report, the 11 board considers a prima facie case for a disciplinary charge to be laid is 12 made out against a registered person. 13 `(1A) The board may lay a disciplinary charge against the registered 14 person on the ground--'.' 15 (3) Section 51(2), `to the board and'-- 16 omit. 17 (4) Section 51(3) and (4)-- 18 omit, insert-- 19 `(3) The board must also refer a copy of the charge to the disciplinary 20 panel for hearing and determination.'. 21 (5) Section 51(5), `subsection (1)'-- 22 omit, insert-- 23 `In this section'. 24 (6) Section 51(5)-- 25 renumber as section 51(4). 26

 


 

s6 6 s6 Professional Engineers Amendment of new div 2 1 Insertion Clause 6. Part 8, after section 51-- 2 insert-- 3 2--Disciplinary charges and proceedings 4 `Division 1--Establishment and membership of disciplinary panel 5 `Subdivision panel 6 `Disciplinary `51A. A panel called the `Professional Engineers Disciplinary Panel' is 7 established. 8 panel's functions 9 `Disciplinary `51B. The functions of the disciplinary panel are-- 10 (a) to hear any disciplinary charge referred to it under this Act; and 11 (b) for disciplinary charges, to make findings whether or not a 12 registered person is guilty of a disciplinary charge; and 13 (c) to take appropriate action under section 60;1 and 14 (d) to keep a record of-- 15 (i) its proceedings; and 16 (ii) its decision on each proceeding and the reasons for the 17 decision; and 18 (iii) the documents produced to it in relation to each disciplinary 19 charge referred to it. 20 (e) to give to the board a report of its work and activities for each 21 financial year; and 22 (f) to carry out the other functions conferred on it by this Act. 23 1 Section 60 (Disciplinary panel may order cancellation of registration, etc.)

 


 

s6 7 s6 Professional Engineers Amendment panel's powers 1 `Disciplinary `51C.(1) The disciplinary panel has power to do all things necessary or 2 convenient to be done for the performance of its functions. 3 `(2) Without limiting subsection (1), the disciplinary panel has the 4 powers conferred on it by this Act. 5 of disciplinary panel 6 `Membership `51D.(1) The disciplinary panel is to consist of a chairperson and at least 7 2 other members. 8 `(2) A person is eligible for appointment as chairperson only if the 9 person is a retired judge of an Australian court or a lawyer of at least 5 years 10 standing. 11 `(3) A person is eligible for appointment as another member only if the 12 person is-- 13 (a) a retired judge of an Australian court or a lawyer of at least 14 5 years standing; or 15 (b) a registered professional engineer of at least 5 years standing. 16 (4) At least 2 of the other members must have the qualification 17 mentioned in subsection (3)(b). 18 of members 19 `Appointment `51E.(1) The members of the disciplinary panel are to be appointed by 20 the Governor in Council. 21 `(2) The members must be appointed under this Act and not the Public 22 Service Act 1996. 23 on appointment 24 `Restriction `51F. A member of the board may not be appointed a member of the 25 disciplinary panel. 26

 


 

s6 8 s6 Professional Engineers Amendment of appointment 1 `Duration `51G. The appointment of a member of the disciplinary panel is for the 2 term (not longer than 7 years) stated in the member's instrument of 3 appointment. 4 of appointment 5 `Conditions `51H.(1) A member of the disciplinary panel holds office on a part-time 6 basis. 7 `(2) A member is entitled to the remuneration and allowances that may 8 be determined by the Governor in Council. 9 `(3) A member holds office on conditions not provided by this Act that 10 are decided by the Governor in Council. 11 ceasing as a member 12 `Member `51I. A member of the disciplinary panel stops being a member if-- 13 (a) the member resigns by signed notice given to the Minister; or 14 (b) the member ceases to be qualified to be appointed as a member; 15 or 16 (c) the member's appointment is ended by the Governor in Council. 17 of appointment 18 `Ending `51J. The Governor in Council may end the appointment of a member of 19 the disciplinary panel if the member-- 20 (a) engages in misbehaviour; or 21 (b) refuses or fails to act as a member; or 22 (c) becomes incapable of performing the duties of a member because 23 of physical or mental incapacity; or 24 (d) becomes bankrupt, applies to take the benefit of any law for the 25 relief of bankrupt or insolvent debtors, compounds with his or 26 her creditors or makes an assignment of his or her remuneration 27 for their benefit. 28

 


 

s6 9 s6 Professional Engineers Amendment of interests 1 `Disclosure `51K.(1) If a member of the disciplinary panel is, or is to be, a member 2 of the panel as constituted for a proceeding and the member has or acquires 3 an interest (whether financial or otherwise) that could conflict with the 4 proper performance of the member's functions in relation to the 5 proceeding-- 6 (a) the member must disclose the interest to the parties to the 7 proceeding; and 8 (b) except with the consent of all parties to the proceeding--the 9 member must not take part in the proceeding or exercise any 10 powers in relation to the proceeding. 11 `(2) Subsections (3) and (4) apply if the chairperson of the disciplinary 12 panel becomes aware that a member who is, or is to be, a member of the 13 panel as constituted for a proceeding has, in relation to the proceeding, an 14 interest of the kind mentioned in subsection (1). 15 `(3) If the chairperson considers that the member should not take part, or 16 continue to take part, in the proceeding, the chairperson must direct the 17 member accordingly. 18 `(4) Unless the chairperson has acted under subsection (3), the 19 chairperson must cause the interest of the member to be disclosed to the 20 parties to the proceeding if the interest has not already been disclosed to 21 them. 22 chairperson 23 `Acting `51L. The Governor in Council may appoint a person, who is eligible for 24 appointment as the chairperson of the disciplinary panel, to act as 25 chairperson-- 26 (a) during a vacancy in the office; or 27 (b) during any period, or all periods, when the chairperson is absent 28 from duty or Australia or is, for another reason, unable to 29 perform the duties of the office; or 30 (c) in relation to a proceeding in which the chairperson has an interest 31 of a kind mentioned in section 51K(1). 32

 


 

s6 10 s6 Professional Engineers Amendment power to give directions on arrangement of business 1 `Chairperson's `51M.(1) The chairperson of the disciplinary panel may give directions 2 about-- 3 (a) the arrangement of the business of the disciplinary panel; and 4 (b) the members of the disciplinary panel who are to constitute the 5 panel for a particular proceeding. 6 `(2) Subsections (3) and (4) apply if the chairperson gives a direction 7 about the members who are to constitute the disciplinary panel for a 8 particular proceeding. 9 `(3) The chairperson may, at any time before the disciplinary panel starts 10 to hear the proceeding, revoke the direction and give a further direction 11 under subsection (1) as to the members who are to constitute the panel for 12 the proceeding. 13 `(4) Also, if 1 of the members ceases to be a member, or ceases to be 14 available for the proceeding, during the hearing of the proceeding or after 15 the completion of the hearing but before the matter to which the proceeding 16 relates is determined, the chairperson may revoke the direction and give a 17 further direction under subsection (1) as to the persons who are to constitute 18 the disciplinary panel for the proceeding. 19 `(5) This section is subject to section 51N. 20 2--Constituting disciplinary panel for particular 21 `Subdivision proceedings 22 of disciplinary panel for particular proceeding 23 `Constitution `51N.(1) The disciplinary panel is to be constituted for the hearing and 24 determination of a proceeding by-- 25 (a) a member (the "presiding member"), eligible for appointment 26 under section 51D(3)(a); and 27 (b) 2 other members, each of whom is eligible for appointment under 28 section 51D(3)(b). 29 `(2) The member mentioned in subsection (1)(a) may, but need not, be 30 the chairperson of the disciplinary panel. 31

 


 

s6 11 s6 Professional Engineers Amendment `(3) The disciplinary panel may be constituted for the exercise of powers 1 in relation to the hearing of a proceeding, or for purposes other than the 2 hearing and determination of a proceeding, by the presiding member. 3 `(4) The disciplinary panel constituted by the presiding member alone, 4 may make decisions and give directions only about the following-- 5 (a) whether an investigator appointed by the board has complied with 6 section 45(4) and (5)(b);2 7 (b) the way or sufficiency of service of a notice of a disciplinary 8 charge; 9 (c) the sufficiency of particulars of a disciplinary charge, and whether 10 further and better particulars of the charge should be given; 11 (d) the granting of leave to amend a notice of a disciplinary charge; 12 (e) requiring a person making an affidavit for a hearing to be present 13 at the hearing for cross-examination; 14 (f) admissions about facts or documents; 15 (g) the place, time and length of a hearing; 16 (h) the issue of summonses by the member to witnesses; 17 (i) the giving of evidence at a hearing; 18 (j) the exchange of affidavits of proposed witnesses; 19 (k) the disclosure of reports of expert witnesses before a hearing; 20 (l) whether the whole or a stated part of a hearing should not be open 21 to the public; 22 (m) applying for further directions. 23 of disciplinary panel ceasing to be available 24 `Member `51O.(1) Subsections (2) and (3) apply if the hearing of a proceeding has 25 been started or completed by the disciplinary panel but, before the matter to 26 which the proceeding relates has been determined, 1 of the members 27 constituting the panel (other than the presiding member) ceases to be a 28 2 Section 45 (Board may authorise investigation)

 


 

s7 12 s7 Professional Engineers Amendment member, or ceases to be available for the proceeding. 1 `(2) If the parties agree and the chairperson does not give a direction 2 under section 51M, the hearing and determination, or the determination, of 3 the proceeding may be completed by the disciplinary panel constituted by 4 the remaining members. 5 `(3) If subsection (2) does not apply, the proceeding is to be reheard by 6 the disciplinary panel as constituted under section 51N. 7 `(4) If the hearing of a proceeding has been started or completed by the 8 disciplinary panel but, before the matter to which the proceeding relates has 9 been determined, the presiding member ceases to be a member, or ceases to 10 be available for the proceeding, the proceeding is to be reheard by the panel 11 as constituted under section 51N. 12 `(5) If a proceeding is reheard by the disciplinary panel, the panel may, 13 for the proceeding, have regard to any record of the proceeding before the 14 panel as previously constituted, including any evidence taken in the 15 proceeding. 16 places 17 `Sitting `51P. Sittings of the disciplinary panel may be held as required at any 18 place in the State.'. 19 of s 52 (Proceedings) 20 Replacement Clause 7. Section 52-- 21 omit, insert-- 22 `Subdivision 3--Disciplinary panel proceedings 23 before disciplinary panel 24 `Proceedings `52.(1) A disciplinary charge referred to the disciplinary panel for hearing 25 and determination is to be filed with the panel's chairperson. 26 `(2) The chairperson is to take all steps necessary to have the disciplinary 27 panel constituted to hear and determine the charge. 28

 


 

s8 13 s9 Professional Engineers Amendment `(3) At least 30 days before the day fixed for the hearing, the chairperson 1 must give written notice to the person charged of the charge, its particulars 2 and the place, day and time of the hearing. 3 `(4) The hearing of the charge is to be open to the public unless the 4 disciplinary panel determines that, in the special circumstances of the case, 5 the whole or a particular part of the hearing should not be open to the public. 6 `(5) At the hearing-- 7 (a) a lawyer or a person employed by the board may appear for 8 adducing evidence or assisting the disciplinary panel; and 9 (b) the person charged has the right to be represented by-- 10 (i) a lawyer; or 11 (ii) a person nominated by the person charged as the person's 12 agent. 13 `(6) In conducting the hearing, the disciplinary panel-- 14 (a) must observe natural justice; and 15 (b) must proceed quickly with as little formality and technicality as is 16 consistent with a fair and proper hearing of the charge; and 17 (c) is not bound by rules or practice about evidence and may inform 18 itself on any matter as the panel considers appropriate. 19 `(7) Subject to subsection (6), the chairperson may give directions about 20 the procedure to be followed in a hearing.'. 21 of ss 53­55 22 Omission Clause 8. Sections 53 to 55-- 23 omit. 24 of new s 59A 25 Insertion Clause 9. After section 59-- 26 insert-- 27

 


 

s 10 14 s 10 Professional Engineers Amendment of questions before disciplinary panel 1 `Determinations `59A.(1) A question before the disciplinary panel is to be decided 2 according to the opinion of the majority of the members constituting the 3 panel for the hearing of the disciplinary charge concerned. 4 `(2) However, if the members of the disciplinary panel are equally 5 divided on a question, the question is to be decided according to the opinion 6 of the presiding member. 7 `(3) Also, a question of law arising before the disciplinary panel is to be 8 decided by the presiding member.'. 9 of s 60 (Board may order cancellation of registration, 10 Amendment etc.) 11 Clause 10.(1) Section 60, heading-- 12 omit, insert-- 13 `Disciplinary panel may order cancellation of registration, etc.'. 14 (2) Section 60(1), `If the board' to `the board may'-- 15 omit, insert-- 16 `If the disciplinary panel finds a registered person guilty of the charge 17 made against the person, the panel may'. 18 (3) Section 60(1)(d), `fixed by the board'-- 19 omit, insert-- 20 `fixed by the panel'. 21 (4) Section 60(1)(g), `who the board'-- 22 omit, insert-- 23 `who the panel'. 24 (5) Section 60(2), `If the board'-- 25 omit, insert-- 26 `If the disciplinary panel'. 27 (6) Section 60(3), `The board may'-- 28 omit, insert-- 29

 


 

s 11 15 s 12 Professional Engineers Amendment `The disciplinary panel may'. 1 (7) Section 60(4), `board'-- 2 omit, insert-- 3 `disciplinary panel'. 4 of new s 61A 5 Insertion Clause 11. After section 61-- 6 insert-- 7 of disciplinary panel's decisions and reasons 8 `Notification `61A.(1) The disciplinary panel must give written notice of its decisions 9 under section 60 to the board and the person charged as soon as practicable 10 after making the decision. 11 `(2) The notice must state the reasons for the decision. 12 `(3) Also, the notice given to the person charged must state that a person 13 aggrieved by the decision may appeal against the decision to a District Court 14 judge within 28 days after the person receives notice of the decision. 15 `(4) In this section-- 16 "decision" includes order.'. 17 of s 62 (Publication of decision) 18 Amendment Clause 12.(1) Section 62, heading-- 19 omit, insert-- 20 `Notice of cancellation of registration'. 21 (2) Section 62(1), after `under'-- 22 insert-- 23 `an order made under'. 24 (3) Section 62(1), `decision'-- 25 omit, insert-- 26 `cancellation'. 27

 


 

s 13 16 s 14 Professional Engineers Amendment (4) Section 62(2), `decision'-- 1 omit, insert-- 2 `making of the order'. 3 (5) Section 62(3), `decision'-- 4 omit, insert-- 5 `order'. 6 of s 66 (False statements) 7 Amendment Clause 13. Section 66(1)(a) to (c), `the board'-- 8 omit, insert-- 9 `the board or disciplinary panel'. 10 of s 67 (Appeals) 11 Amendment Clause 14.(1) Section 67, subsection (1)-- 12 omit, insert-- 13 `(1) This section applies to the following decisions and order-- 14 (a) a decision of the board-- 15 (i) to refuse a person's application for registration under the 16 Act; or 17 (ii) to refuse to renew a person's registration under the Act; or 18 (iii) to refuse to restore the person's name to a register; 19 (b) a decision of the disciplinary panel-- 20 (i) to caution a registered person; or 21 (ii) to reprimand a registered person; 22 (c) an order (a "disciplinary order") of the disciplinary panel made 23 under section 60(1)(d), (e), (f), or (g) or (3) or (4). 24 `(1A) A person who is aggrieved by the decision or disciplinary order 25 may appeal against the decision or order to a District Court judge. 26

 


 

s 14 17 s 14 Professional Engineers Amendment `(1B) However, the board may appeal only against a disciplinary order.'. 1 (2) Section 67(2)(a)(i), `decision'-- 2 omit, insert-- 3 `decision or disciplinary order'. 4 (3) Section 67(2)(b), `the board'-- 5 omit, insert-- 6 `the board or disciplinary panel'. 7 (4) Section 67(3)(a), `made under subsection (1)(a)'-- 8 omit, insert-- 9 `made against a decision of a kind mentioned in subsection (1)(a)(i)'. 10 (5) Section 67(3)(b), `made under subsection (1)(b)'-- 11 omit, insert-- 12 `made against a decision of a kind mentioned in subsection (1)(a)(ii)'. 13 (6) Section 67(3)(c), `made under subsection (1)(c)'-- 14 omit, insert-- 15 `made against a decision of a kind mentioned in subsection (1)(a)(iii)'. 16 (7) Section 67(3)(d), `made under subsection (1)(d)'-- 17 omit, insert-- 18 `made against a decision of a kind mentioned in subsection (1)(b) or a 19 disciplinary order'. 20 (8) Section 67(3)(d)(ii)-- 21 omit, insert-- 22 `(ii) allow the appeal and make any decision or order the 23 disciplinary panel may make under section 60; or'. 24 (9) Section 67(4), `order of the board'-- 25 omit, insert-- 26 `order of the disciplinary panel'. 27

 


 

s 15 18 s 15 Professional Engineers Amendment of new pt 10 1 Insertion Clause 15. After section 71-- 2 insert-- 3 ART 10--TRANSITIONAL 4 `P charges before the board 5 `Disciplinary `72.(1) This section applies if, at the commencement of this section, a 6 disciplinary charge has been given to the board under section 51(2) as in 7 force immediately before the commencement and the board has not started 8 proceedings against the person to whom the charge relates. 9 `(2) The charge is withdrawn, but the board may, after considering the 10 investigator's report relevant to the charge, act under section 51 as in force 11 after the commencement. 12 proceedings 13 `Existing `73.(1) This section applies if, at the commencement of this section, the 14 board has started a proceeding against a person for a disciplinary charge but 15 the proceeding has not been completed. 16 `(2) The proceeding may be continued before, and completed by, the 17 board as if the Professional Engineers Amendment Act 1997 had not been 18 enacted.'. 19

 


 

19 Professional Engineers Amendment CHEDULE 1 ¡S MINOR AMENDMENTS OF THE PROFESSIONAL 2 ENGINEERS ACT 1988 3 section 2 4 1. Section 16(1), `fees and fines imposed pursuant to section 48(1)'-- 5 omit, insert-- 6 `penalties imposed under section 60(1)'. 7 2. Section 26, `powers given to it under sections 23(4A) and 48(1)(c)'-- 8 omit, insert-- 9 `power given to it under section 23(4A)'. 10 3. Section 27, `48(1)(c)'-- 11 omit, insert-- 12 `60(2)'. 13 4. Section 38(1), `powers given to it under sections 34(5) and 14 48(1)(c)'-- 15 omit, insert-- 16 `power given to it under section 34(5)'. 17 5. Section 39(1), `48(1)(c)'-- 18 omit, insert-- 19 `60(2)'. 20

 


 

20 Professional Engineers Amendment SCHEDULE (continued) 6. Section 43, definition "commission"-- 1 omit. 2 7. Section 51(4)-- 3 insert-- 4 ` "commission" means a written or other agreement by which a registered 5 person undertakes to provide professional engineering services for a 6 client.'. 7 8 8. Section 56, heading `board'-- 9 omit, insert-- 10 `disciplinary panel'. 11 9. Section 56(1), `board' (1st occurring)-- 12 omit, insert-- 13 `disciplinary panel'. 14 10. Section 56(1)(a) and (b), `board'-- 15 omit, insert-- 16 `panel'. 17 11. Section 56(2), `board'-- 18 omit, insert-- 19 `disciplinary panel'. 20

 


 

21 Professional Engineers Amendment SCHEDULE (continued) 12. Section 56(1)(b), `chairperson'-- 1 omit, insert-- 2 `presiding member'. 3 13. Section 57(1), `board' (1st occurring)-- 4 omit, insert-- 5 `disciplinary panel'. 6 14. Section 57(1), `board' (2nd occurring)-- 7 omit, insert-- 8 `panel'. 9 15. Section 57(2), `board' (1st occurring)-- 10 omit, insert-- 11 `disciplinary panel'. 12 16. Section 57(2), `board' (2nd occurring)-- 13 omit, insert-- 14 `panel'. 15 17. Section 57(3), `board' (1st occurring)-- 16 omit, insert-- 17 `disciplinary panel'. 18

 


 

22 Professional Engineers Amendment SCHEDULE (continued) 18. Section 57(3), `board' (2nd occurring)-- 1 omit, insert-- 2 `panel'. 3 19. Section 58, `board'-- 4 omit, insert-- 5 `disciplinary panel'. 6 20. Section 58, `chairperson'-- 7 omit, insert-- 8 `presiding member'. 9 21. Section 59, `board'-- 10 omit, insert-- 11 `disciplinary panel'. 12 22. After section 60-- 13 insert-- 14 `Division 3--Other matters'. 15 23. Section 68(3), `ordered by the board'-- 16 omit, insert-- 17 `ordered by the disciplinary panel'. 18

 


 

23 Professional Engineers Amendment SCHEDULE (continued) 24. Section 70, `chairperson and'-- 1 omit, insert-- 2 `chairpersons of the board and disciplinary panel and of the'. 3 4 © State of Queensland 1997

 


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