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Queensland
Professional Engineers and
Other Legislation Amendment
Bill 2008
Queensland
Professional Engineers and Other
Legislation Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendments of Professional Engineers Act 2002
commencing on assent
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 23 (Applying for restoration) . . . . . . . . . . . . . . . 8
5 Insertion of new ss 35A and 35B . . . . . . . . . . . . . . . . . . . . . . . . . 8
35A Inquiries about fitness to practise as a registered
professional engineer . . . . . . . . . . . . . . . . . . . . . . . . . 9
35B Report about relevant person's criminal history . . . . . 9
6 Insertion of new pt 3, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 1AA Extended application of part 3
36AA Application to former registered professional
engineers ............................. 10
7 Insertion of new s 69AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
69AA Application of pt 4 to certain former registered
professional engineers . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 82 (Membership of board). . . . . . . . . . . . . . . . . 10
9 Amendment of pt 5, div 7 hdg (Registrar of board) . . . . . . . . . . . 10
10 Insertion of new s 100A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
100A Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Replacement of s 101 (Board to reimburse cost of registrar's
services) ........................................ 11
101 Board to reimburse cost of registrar's or other staff's
services ............................... 11
12 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 6A Assessment entities and schemes
Professional Engineers and Other Legislation Amendment Bill 2008
Contents
Division 1 Preliminary
112A Definitions for pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Suitability of assessment schemes
112B Suitability of assessment schemes for approval. . . . . 12
Division 3 Applications relating to assessment schemes
112C Application for approval . . . . . . . . . . . . . . . . . . . . . . . 14
112D Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . 14
112E Application for variation . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4 Referral of applications under this part to the
board
112F Minister to refer an application under this part to the
board for assessment . . . . . . . . . . . . . . . . . . . . . . . . . 15
112G Consideration by board . . . . . . . . . . . . . . . . . . . . . . . 15
112H Further information or document to support
application .......................... 16
112I Report by board about application . . . . . . . . . . . . . . . 16
Division 5 Decision of Minister
112J Decision on application . . . . . . . . . . . . . . . . . . . . . . . 17
112K Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . 17
112L Grant of application with conditions . . . . . . . . . . . . . . 18
112M Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 6 Term of approval
112N Term of approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
112O Approval continues pending decision about renewal . 20
Division 7 Cancellation, suspension and surrender of
approval
112P Grounds for cancellation and suspension . . . . . . . . . 20
112Q Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
112R Consideration of representations . . . . . . . . . . . . . . . . 22
112S Ending show cause process without further action . . 22
112T Cancellation or suspension of approval . . . . . . . . . . . 22
112U Voluntary surrender of approval . . . . . . . . . . . . . . . . . 23
Division 8 Record of assessment entities
112V Record of assessment entities . . . . . . . . . . . . . . . . . . 23
13 Amendment of s 128 (Starting disciplinary proceeding). . . . . . . . 24
14 Amendment of s 129 (Tribunal to have regard to code of
practice) ...................................... 24
Page 2
Professional Engineers and Other Legislation Amendment Bill 2008
Contents
15 Amendment of s 131 (Orders relating to registered professional
engineer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16 Amendment of s 132 (Orders relating to former registered
professional engineer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
17 Amendment of s 133 (Effect of particular orders). . . . . . . . . . . . . 26
18 Amendment of s 139 (Summary proceedings for offences) . . . . . 26
19 Amendment of pt 11, div 2 hdg (Transitional provisions) . . . . . . . 26
20 Insertion of new pt 11, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 4 Transitional provision for Professional
Engineers and Other Legislation Amendment
Act 2008, part 2
167 Certain decisions made under part 6A to have effect
from 1 July 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 3 Amendments of Professional Engineers Act 2002
commencing on 1 July 2008
22 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
23 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
7A Areas of engineering . . . . . . . . . . . . . . . . . . . . . . . . . 29
24 Amendment of s 8 (Applying for registration) . . . . . . . . . . . . . . . . 29
25 Amendment of s 10 (When applicant is qualified for registration) 30
26 Amendment of s 11 (Fitness to practise as a registered
professional engineer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
27 Amendment of s 12 (Deciding application). . . . . . . . . . . . . . . . . . 31
28 Amendment of s 13 (Grant of application) . . . . . . . . . . . . . . . . . . 31
29 Replacement of s 16 (Meaning of continuing competency
requirements) .................................. 31
16 Meaning of continuing registration requirements . . . . 31
30 Amendment of s 18 (Applying for renewal) . . . . . . . . . . . . . . . . . 33
31 Amendment of s 20 (Deciding application). . . . . . . . . . . . . . . . . . 33
32 Amendment of s 21 (Renewal of registration) . . . . . . . . . . . . . . . 33
33 Amendment of s 23 (Applying for restoration) . . . . . . . . . . . . . . . 34
34 Amendment of s 24 (Deciding application). . . . . . . . . . . . . . . . . . 34
35 Amendment of s 25 (Restoration of registration) . . . . . . . . . . . . . 34
36 Insertion of new pt 2, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 5A Further conditions imposed on registration
27A Imposition of certain conditions on registration . . . . . 35
37 Amendment of pt 2, div 6 hdg (Cancellation of registrations). . . . 36
Page 3
Professional Engineers and Other Legislation Amendment Bill 2008
Contents
38 Amendment of s 28 (Grounds for cancellation) . . . . . . . . . . . . . . 36
39 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
29A Immediate suspension of registration. . . . . . . . . . . . . 37
40 Amendment of pt 2, div 7 hdg (Offences about registration) . . . . 37
41 Insertion of new ss 32A32C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
32A Notification of disciplinary action by other bodies. . . . 38
32B Notification of inability to practise . . . . . . . . . . . . . . . . 38
32C Amending or replacing certificates of registration
after certain conditions imposed . . . . . . . . . . . . . . . . 38
42 Insertion of new s 35C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
35C Information about relevant persons from
assessment entities .................. 39
43 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Part 2A Health assessments
35D Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 40
35E Health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . 40
35F Appointment of health assessor . . . . . . . . . . . . . . . . . 41
35G Health assessment report . . . . . . . . . . . . . . . . . . . . . 41
35H Payment for heath assessment and report. . . . . . . . . 41
35I Use of health assessment report . . . . . . . . . . . . . . . . 42
44 Amendment of s 36 (Grounds for disciplining a registered
professional engineer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
45 Amendment of s 73 (Board's decision on investigation about
registered professional engineer) . . . . . . . . . . . . . . . . . . . . . . . . . 43
46 Amendment of s 74 (Notice of result of investigation about
registered professional engineer) . . . . . . . . . . . . . . . . . . . . . . . . . 44
47 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
74A Publishing of certain decisions on investigation
about registered professional engineer . . . . . . . . . . . 44
48 Amendment of s 75 (Board's decision about other investigations) 45
49 Amendment of s 76 (Board to take action as soon as
practicable) .................................. 45
50 Amendment of s 80 (Functions of board) . . . . . . . . . . . . . . . . . . . 45
51 Amendment of s 102 (Keeping register). . . . . . . . . . . . . . . . . . . . 45
52 Amendment of s 112A (Definitions for pt 6A) . . . . . . . . . . . . . . . . 46
53 Amendment of s 112B (Suitability of assessment schemes
for approval) ...................................... 47
54 Amendment of s 112C (Application for approval) . . . . . . . . . . . . . 47
Page 4
Professional Engineers and Other Legislation Amendment Bill 2008
Contents
55 Amendment of s 115 (Who may carry out professional
engineering services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
56 Omission of ss 116119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
57 Amendment of s 122 (Review of particular decisions) . . . . . . . . . 48
58 Amendment of s 124 (Stay of operation of decision) . . . . . . . . . . 48
59 Amendment of s 138 (Evidentiary matters) . . . . . . . . . . . . . . . . . 49
60 Amendment of s 141 (Performance and carrying out of
professional engineering services by particular entities) . . . . . . . 49
61 Amendment of s 164 (Continuing effect of qualifications under
the repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
62 Insertion of new pt 11, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 5 Transitional provisions for Professional
Engineers and Other Legislation Amendment
Act 2008, part 3
168 Definitions for this division . . . . . . . . . . . . . . . . . . . . . 50
169 Certain applications to be dealt with under
pre-amended Act ..................... 50
170 Continuing registration requirements for preserved
areas of engineering. . . . . . . . . . . . . . . . . . . . . . . . . . 51
171 Application of preserved areas of engineering to
certain provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
63 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 51
Part 4 Amendment of Electrical Safety Act 2002
64 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
65 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 53
Part 5 Amendment of Public Records Act 2002
66 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
67 Amendment of s 6 (What is a public record) . . . . . . . . . . . . . . . . 54
68 Amendment of s 16 (Meaning of restricted access period) . . . . . 54
69 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 55
Page 5
2008
A Bill
for
An Act to amend the Professional Engineers Act 2002 and
other Acts
Professional Engineers and Other Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Professional Engineers and 4
Other Legislation Amendment Act 2008. 5
Clause 2 Commencement 6
Part 3 commences on 1 July 2008. 7
Part 2 Amendments of Professional 8
Engineers Act 2002 9
commencing on assent 10
Clause 3 Act amended in pt 2 11
This part amends the Professional Engineers Act 2002. 12
Clause 4 Amendment of s 23 (Applying for restoration) 13
Section 23(2)(b)(iii)-- 14
omit, insert-- 15
`(iii) the application fee prescribed under a regulation; 16
(iv) the annual registration fee.'. 17
Clause 5 Insertion of new ss 35A and 35B 18
Part 2, division 8, after section 35-- 19
Page 8
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 6]
insert-- 1
`35A Inquiries about fitness to practise as a registered 2
professional engineer 3
`(1) This section applies to the following persons (each a relevant 4
person)-- 5
(a) an individual applying for registration as a registered 6
professional engineer under section 8; 7
(b) a registered professional engineer applying for renewal 8
of registration under section 18; 9
(c) a person applying for restoration of the person's 10
registration under section 23. 11
`(2) The board may make inquiries about the relevant person to 12
help in deciding whether the person is, or continues to be, fit 13
to practise as a registered professional engineer. 14
`35B Report about relevant person's criminal history 15
`(1) The board may ask the commissioner of the police service for 16
a written report about the criminal history of a relevant 17
person. 18
`(2) If asked by the board, the commissioner of the police service 19
must give the board a written report about the criminal history 20
of the relevant person. 21
`(3) The duty imposed on the commissioner of the police service 22
applies only to information in the commissioner's possession 23
or to which the commissioner has access. 24
`(4) A report mentioned in subsection (2) may only be used for the 25
purposes of this Act and must be destroyed as soon as 26
practicable after it is no longer needed for those purposes.'. 27
Clause 6 Insertion of new pt 3, div 1AA 28
Part 3, before division 1-- 29
insert-- 30
Page 9
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 7]
`Division 1AA Extended application of part 3 1
`36AA Application to former registered professional 2
engineers 3
`(1) Action may be taken under this part in relation to a person 4
who was a registered professional engineer at the time the 5
conduct of the person that is relevant for this part happened 6
even though the person is no longer a registered professional 7
engineer. 8
`(2) For the purpose of taking action under this part, the person 9
mentioned in subsection (1) is taken to be a registered 10
professional engineer. 11
`(3) This section does not limit, but may extend, the operation of 12
the other provisions of this part.'. 13
Clause 7 Insertion of new s 69AA 14
Part 4, before section 69-- 15
insert-- 16
`69AA Application of pt 4 to certain former registered 17
professional engineers 18
`For applying this part to a person mentioned in section 19
36AA(1), the person is taken to be a registered professional 20
engineer.'. 21
Clause 8 Amendment of s 82 (Membership of board) 22
Section 82(2)(b)(i), `Engineers (Australia)'-- 23
omit, insert-- 24
`Engineers Australia'. 25
Clause 9 Amendment of pt 5, div 7 hdg (Registrar of board) 26
Part 5, division 7, heading, after `board'-- 27
Page 10
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 10]
insert-- 1
`and other staff'. 2
Clause 10 Insertion of new s 100A 3
After section 100-- 4
insert-- 5
`100A Other staff 6
`With the board's consent, other public service employees 7
may be engaged by a public sector unit to provide services for 8
the board.'. 9
Clause 11 Replacement of s 101 (Board to reimburse cost of 10
registrar's services) 11
Section 101-- 12
omit, insert-- 13
`101 Board to reimburse cost of registrar's or other staff's 14
services 15
`The board must reimburse the public sector unit in which the 16
registrar or a public service employee is employed the 17
reasonable costs of the services provided by the registrar or 18
public service employee for the board.'. 19
Clause 12 Insertion of new pt 6A 20
After section 112-- 21
insert-- 22
Page 11
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
`Part 6A Assessment entities and 1
schemes 2
`Division 1 Preliminary 3
`112A Definitions for pt 6A 4
`In this part-- 5
application for approval means an application for approval of 6
a proposed assessment scheme under section 112C. 7
application for renewal means an application for renewal of 8
the approval of an assessment scheme under section 112D. 9
application for variation means an application for variation 10
of an assessment scheme under section 112E. 11
area of engineering includes an area of engineering that is not 12
prescribed under a regulation. 13
assessment entity, in relation to an assessment scheme, means 14
the entity for which the scheme was approved. 15
assessment scheme means a scheme approved under this part. 16
suitable for approval see section 112B. 17
`Division 2 Suitability of assessment schemes 18
`112B Suitability of assessment schemes for approval 19
`(1) A proposed assessment scheme is, and an assessment scheme 20
continues to be, suitable for approval under this part if-- 21
(a) the scheme adequately provides for the assessment of 22
qualifications and competencies of engineers in an 23
identifiable area of engineering; and 24
(b) the scheme is consistent with national and international 25
standards for the recognition of professional engineers; 26
and 27
Page 12
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
(c) the scheme includes procedures for the assessment of 1
applicants under part 2 that are conducted in an 2
independent and professional manner; and 3
(d) the entity conducting the scheme has adequate 4
procedures for monitoring and improving the 5
assessment process carried out under the scheme; and 6
(e) the fees imposed under the scheme for the assessment of 7
qualifications and competencies are reasonable having 8
regard to the scope of the services being offered; and 9
(f) the scheme includes adequate continuing professional 10
development requirements for professional engineers 11
and an effective audit program to ensure continuing 12
registration requirements are met; and 13
(g) the entity conducting the scheme employs competent 14
persons to perform assessments of applicants under part 15
2 and has proven procedures for training and accrediting 16
those persons who will perform the assessments; and 17
(h) the entity conducting the scheme has the financial 18
capacity and facilities to conduct assessments of 19
qualifications and competencies; and 20
(i) the entity conducting the scheme has a proven capacity 21
to undertake independent and authoritative assessments 22
in a timely manner; and 23
(j) the scheme or entity conducting the scheme satisfies 24
other criteria provided for under a regulation. 25
`(2) In this section-- 26
continuing registration requirements means requirements 27
that-- 28
(a) if satisfied, demonstrate that an applicant for renewal or 29
restoration of registration has maintained competency in 30
the practice of engineering in the area of engineering for 31
which the applicant is, or was, registered; and 32
(b) may include requirements about the following for the 33
area of engineering-- 34
Page 13
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
(i) the nature, extent and period of practice of 1
engineering by the applicant; 2
(ii) the nature and extent of continuing professional 3
development to be undertaken by the applicant; 4
(iii) the nature and extent of research, study or 5
teaching, relating to engineering, to be undertaken 6
by the applicant; 7
(iv) the nature and extent of administrative work, 8
relating to engineering, to be performed by the 9
applicant. 10
`Division 3 Applications relating to assessment 11
schemes 12
`112C Application for approval 13
`(1) An entity may apply to the Minister for approval of a 14
proposed assessment scheme for 1 or more areas of 15
engineering to be conducted by the entity. 16
`(2) The application must-- 17
(a) be in the approved form; and 18
(b) be supported by enough information to enable the 19
Minister to decide the application; and 20
(c) be accompanied by-- 21
(i) the proposed assessment scheme; and 22
(ii) the fee, if any, prescribed under a regulation. 23
`112D Application for renewal 24
`(1) The assessment entity for an assessment scheme may apply to 25
the Minister for renewal of the approval of the assessment 26
scheme. 27
`(2) The application must-- 28
Page 14
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
(a) be in the approved form; and 1
(b) be supported by enough information to enable the 2
Minister to decide the application; and 3
(c) be made at least 28 days before the approval ends; and 4
(d) be accompanied by the fee, if any, prescribed under a 5
regulation. 6
`112E Application for variation 7
`(1) The assessment entity for an assessment scheme may apply to 8
the Minister for variation of the assessment scheme. 9
`(2) The application must-- 10
(a) be in the approved form; and 11
(b) be supported by enough information to enable the 12
Minister to decide the application; and 13
(c) be accompanied by-- 14
(i) the proposed variation of the assessment scheme; 15
and 16
(ii) the fee, if any, prescribed under a regulation. 17
`Division 4 Referral of applications under this 18
part to the board 19
`112F Minister to refer an application under this part to the 20
board for assessment 21
`After receiving an application under this part the Minister 22
must refer the application to the board for assessment. 23
`112G Consideration by board 24
`(1) The board must consider-- 25
Page 15
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
(a) for an application for approval--whether the applicant's 1
proposed assessment scheme is suitable for approval; or 2
(b) for an application for renewal--whether the applicant's 3
assessment scheme continues to be suitable for 4
approval; or 5
(c) for an application for variation--whether the applicant's 6
assessment scheme as proposed to be varied is suitable 7
for approval. 8
`(2) In its consideration, the board is not restricted to the 9
information contained in the application. 10
`112H Further information or document to support 11
application 12
`(1) The board may, by notice given to the applicant, require the 13
applicant to give the board, within a reasonable time of at 14
least 14 days stated in the notice, further information or a 15
document the board reasonably requires to make its 16
recommendation on the application. 17
`(2) The board and the applicant may agree on an extension of the 18
time stated in the notice. 19
`(3) The applicant is taken to have withdrawn its application if 20
within the following time the applicant does not comply with 21
the requirement-- 22
(a) the time stated in the notice; 23
(b) if the board and the applicant have agreed on an 24
extension of time--the time agreed to. 25
`112I Report by board about application 26
`(1) The board must give the Minister a written report about the 27
application. 28
`(2) The report must contain-- 29
(a) the board's recommendation about whether the Minister 30
should grant the application; and 31
Page 16
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
(b) if the board recommends that the Minister grant the 1
application--any recommendation by the board that the 2
Minister impose a condition on the approval. 3
`(3) In this section-- 4
recommendation includes reasons for the recommendation. 5
`Division 5 Decision of Minister 6
`112J Decision on application 7
`(1) The Minister must consider the application and decide to 8
either grant, or refuse to grant, the application. 9
`(2) When considering the application, the Minister must have 10
regard to the board's report on the application but is not bound 11
by any recommendation contained in the report. 12
`(3) The Minister may grant the application only if the Minister is 13
satisfied that-- 14
(a) for an application for approval--the proposed 15
assessment scheme is suitable for approval; or 16
(b) for an application for renewal--the assessment scheme 17
continues to be suitable for approval; or 18
(c) for an application for variation--the assessment scheme 19
as proposed to be varied is suitable for approval. 20
`(4) The Minister may, in granting the application, decide to 21
impose conditions on the approval that are reasonable and 22
relevant. 23
`112K Grant of application 24
`If the Minister decides to grant the application without 25
conditions, the Minister must as soon as practicable give the 26
applicant notice of the decision. 27
Page 17
Professional Engineers and Other Legislation Amendment Bill 2008
Part 2 Amendments of Professional Engineers Act 2002 commencing on assent
[s 12]
`112L Grant of application with conditions 1
`(1) If the Minister proposes to grant the application with 2
conditions, the Minister must give the applicant a notice 3
stating the following-- 4
(a) the Minister proposes to grant the application with 5
conditions (the proposed decision); 6
(b) the proposed conditions; 7
(c) the reasons for the proposed decision; 8
(d) that the applicant may make, within 28 days of receiving 9
the notice, written representations to the Minister about 10
the proposed decision. 11
`(2) The Minister must consider all written representations about 12
the proposed decision (the accepted representations) made by 13
the applicant within 28 days of receiving the notice under 14
subsection (1). 15
`(3) After considering the accepted representations, or if there are 16
no accepted representations, the Minister must decide to grant 17
the application with, or without, conditions. 18
`(4) The Minister may impose any conditions under subsection (3) 19
that are reasonable and relevant. 20
`(5) The Minister must, as soon as practicable after making a 21
decision under subsection (3), give the applicant-- 22
(a) for a decision to grant the application without 23
conditions--notice of the decision; or 24
(b) for a decision to grant the application with 25
conditions--notice of the decision and reasons for the 26
decision. 27
`112M Refusal of application 28
`(1) If the Minister proposes to refuse to grant the application, the 29
Minister must give the applicant a notice stating the 30
following-- 31
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(a) the Minister proposes to refuse to grant the application 1
(the proposed decision); 2
(b) the reasons for the proposed decision; 3
(c) that the applicant may make, within 28 days of receiving 4
the notice, written representations to the Minister about 5
the proposed decision. 6
`(2) The Minister must consider all written representations about 7
the proposed decision (the accepted representations) made by 8
the applicant within 28 days of receiving the notice under 9
subsection (1). 10
`(3) After considering the accepted representations, or if there are 11
no accepted representations, the Minister must decide-- 12
(a) to grant the application, with or without conditions; or 13
(b) to refuse to grant the application. 14
`(4) As soon as practicable after deciding under subsection (3), the 15
Minister must give the applicant-- 16
(a) for a decision to grant the application without 17
conditions--notice of the decision; or 18
(b) for a decision to grant the application with conditions or 19
to refuse to grant the application--notice of the decision 20
and reasons for the decision. 21
`(5) To remove any doubt, it is declared that section 112L does not 22
apply in relation to conditions imposed under this section. 23
`Division 6 Term of approval 24
`112N Term of approval 25
`(1) Unless sooner cancelled, suspended or otherwise ended, an 26
approval under this part remains in force for the term decided 27
by the Minister when granting an application for approval or 28
renewal. 29
`(2) A term under subsection (1) must not be more than 5 years. 30
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`(3) A variation of an approval under this part does not extend the 1
term of the approval. 2
`112O Approval continues pending decision about renewal 3
`(1) If an assessment entity applies for renewal of approval of an 4
assessment scheme under section 112D, the approval of the 5
assessment scheme is taken to continue in force from the day 6
it would, apart from this subsection, have ended until the day 7
on which any of the following first happens-- 8
(a) the Minister renews the approval; 9
(b) if the Minister decides to refuse to grant the renewal, the 10
Minister gives the assessment entity notice of the 11
decision; 12
(c) the assessment entity is taken to have withdrawn the 13
application under section 112H(3). 14
`(2) If the Minister renews the approval, the approval is taken to 15
have been renewed from the day it would, apart from 16
subsection (1), have ended. 17
`(3) Subsection (1) does not apply if the approval of the 18
assessment scheme is earlier cancelled or suspended. 19
`Division 7 Cancellation, suspension and 20
surrender of approval 21
`112P Grounds for cancellation and suspension 22
`Each of the following is a ground for cancelling or 23
suspending the approval of an assessment scheme-- 24
(a) the assessment scheme stops being suitable for 25
approval; 26
(b) the assessment entity for the scheme has intentionally or 27
recklessly assessed an applicant for registration under 28
section 8 as having the qualifications and competencies 29
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[s 12]
provided for under the scheme and the applicant does 1
not have those qualifications or competencies; 2
(c) the approval was granted because of a materially false or 3
misleading representation or declaration; 4
(d) the assessment entity for the scheme has contravened a 5
condition of the approval; 6
(e) the assessment entity for the scheme has contravened a 7
provision of this Act. 8
`112Q Show cause notice 9
`(1) This section applies if-- 10
(a) the Minister believes a ground exists to cancel or 11
suspend the approval of an assessment scheme; and 12
(b) the Minister proposes to cancel or suspend the approval 13
(the proposed action). 14
`(2) The Minister must give the assessment entity for the 15
assessment scheme a notice (a show cause notice) stating the 16
following-- 17
(a) the proposed action; 18
(b) if proposing to suspend an approval--the period of the 19
proposed suspension; 20
(c) the grounds for the cancellation or suspension; 21
(d) an outline of the facts and circumstances forming the 22
basis for the grounds; 23
(e) that the assessment entity may make, within a stated 24
period (the show cause period), written representations 25
explaining why the approval should not be cancelled or 26
suspended. 27
`(3) The show cause period must be a period ending at least 21 28
days after the show cause notice is given to the assessment 29
entity. 30
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`112R Consideration of representations 1
`The Minister must consider all written representations (the 2
accepted representations) made in the show cause period by 3
the assessment entity. 4
`112S Ending show cause process without further action 5
`If, after considering the accepted representations for the show 6
cause notice, the Minister no longer believes the ground exists 7
to take the proposed action, the Minister-- 8
(a) must not take further action about the show cause 9
notice; and 10
(b) must, as soon as practicable, give notice to the 11
assessment entity that no further action is to be taken 12
about the show cause notice. 13
`112T Cancellation or suspension of approval 14
`(1) This section applies if, after considering the accepted 15
representations for the show cause notice, the Minister-- 16
(a) still believes the ground exists to cancel or suspend the 17
approval; and 18
(b) believes cancellation or suspension is warranted. 19
`(2) This section also applies if there are no accepted 20
representations for the show cause notice. 21
`(3) The Minister may-- 22
(a) if the proposed action was to cancel the 23
approval--cancel the approval or suspend it for a 24
period; or 25
(b) if the proposed action was to suspend the approval for a 26
period--suspend the approval for not longer than that 27
period. 28
`(4) If the Minister decides to cancel or suspend the approval of 29
the assessment scheme, the Minister must give the assessment 30
entity notice of the decision and the reasons for the decision. 31
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`(5) The decision takes effect-- 1
(a) on the day the notice is given to the assessment entity; or 2
(b) if a later day is stated in the notice--on the later day. 3
`112U Voluntary surrender of approval 4
`(1) The assessment entity for an assessment scheme may 5
surrender the approval for the scheme by notice given to the 6
Minister. 7
`(2) The surrender of the approval takes effect-- 8
(a) 90 days after the day the notice is given to the Minister; 9
or 10
(b) if a later day is stated in the notice, on the later day. 11
`Division 8 Record of assessment entities 12
`112V Record of assessment entities 13
`(1) The board must keep a record stating each of the following-- 14
(a) the name of each assessment entity; 15
(b) the contact details for the entity; 16
(c) the areas of engineering for which the entity conducts an 17
assessment scheme. 18
`(2) The board must-- 19
(a) publish the record on the board's website on the 20
internet; and 21
(b) keep the record available for inspection, without charge, 22
during normal business hours at the board's office; and 23
(c) if asked by a person and on payment of the fee, if any, 24
prescribed under a regulation, give the person a copy of 25
all or part of the record. 26
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 13]
Editor's note-- 1
The board's website on the internet is .'. 2
Clause 13 Amendment of s 128 (Starting disciplinary proceeding) 3
(1) Section 128(1)(a), `section 29'-- 4
omit, insert-- 5
`section 31(1)(a)'. 6
(2) Section 128(1)(b), `section 29(1)'-- 7
omit, insert-- 8
`section 31(1)(b)'. 9
(3) Section 128(1)(c)-- 10
omit, insert-- 11
`(c) serving, under section 31(3) of that Act, a copy of the 12
application on the person to whom the proceeding 13
relates.'. 14
Clause 14 Amendment of s 129 (Tribunal to have regard to code of 15
practice) 16
Section 129, `the registered professional engineer'-- 17
omit, insert-- 18
`a registered professional engineer or former registered 19
professional engineer'. 20
Clause 15 Amendment of s 131 (Orders relating to registered 21
professional engineer) 22
(1) Section 131(2), `40'-- 23
omit, insert-- 24
`200'. 25
(2) Section 131(3)(b) and (c)-- 26
renumber as section 131(3)(d) and (e). 27
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 16]
(3) Section 131(3)-- 1
insert-- 2
`(b) imposing a condition on the registered professional 3
engineer's registration including, for example, to submit 4
to an audit of the engineer's practice of engineering; or 5
(c) suspending the registered professional engineer's 6
registration for a stated period; or'. 7
(4) Section 131(6), after `suspension'-- 8
insert-- 9
`under subsection (5)'. 10
Clause 16 Amendment of s 132 (Orders relating to former registered 11
professional engineer) 12
(1) Section 132(1)-- 13
omit, insert-- 14
`(1) This section applies if the tribunal decides that a disciplinary 15
ground is established against a person who is not a registered 16
professional engineer at the time of the tribunal's decision.'. 17
(2) Section 132(2)(b)-- 18
omit, insert-- 19
`(b) to do 1 or more of the following-- 20
(i) order the person to pay a stated amount of not 21
more than the equivalent of 200 penalty units; 22
(ii) make an order reprimanding the person; 23
(iii) make an order disqualifying, indefinitely or for a 24
stated period, the person from obtaining 25
registration as a registered professional engineer.'. 26
(3) Section 132(3) and (4)-- 27
omit. 28
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 17]
Clause 17 Amendment of s 133 (Effect of particular orders) 1
(1) Section 133(2), `section 131(3)(c)'-- 2
omit, insert-- 3
`section 131(3)(e) or 132(2)(b)(iii)'. 4
(2) Section 133(3)-- 5
omit. 6
Clause 18 Amendment of s 139 (Summary proceedings for 7
offences) 8
Section 139(2)-- 9
omit, insert-- 10
`(2) The proceeding must start within the later of the following 11
periods to end-- 12
(a) 1 year after the commission of the offence; 13
(b) 6 months after the commission of the offence comes to 14
the complainant's knowledge, but within 2 years after 15
the commission of the offence.'. 16
Clause 19 Amendment of pt 11, div 2 hdg (Transitional provisions) 17
Part 11, division 2, heading, after `provisions'-- 18
insert-- 19
`for Act No. 54 of 2002'. 20
Clause 20 Insertion of new pt 11, div 4 21
After section 166-- 22
insert-- 23
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 21]
`Division 4 Transitional provision for 1
Professional Engineers and Other 2
Legislation Amendment Act 2008, 3
part 2 4
`167 Certain decisions made under part 6A to have effect 5
from 1 July 2008 6
`A decision of the Minister, made before 1 July 2008, under 7
section 112J to grant an application for approval of a proposed 8
assessment scheme, has effect from 1 July 2008.'. 9
Clause 21 Amendment of sch 2 (Dictionary) 10
(1) Schedule 2, definitions affected by bankruptcy action and area 11
of engineering-- 12
omit. 13
(2) Schedule 2-- 14
insert-- 15
`accepted representations, for part 6A, division 7, see section 16
112R. 17
affected by bankruptcy action, in relation to an individual, 18
means the individual is an insolvent under administration 19
within the meaning of the Corporations Act, section 9. 20
application for approval, for part 6A, see section 112A. 21
application for renewal, for part 6A, see section 112A. 22
application for variation, for part 6A, see section 112A. 23
area of engineering-- 24
(a) generally--means an area of engineering prescribed 25
under a regulation; and 26
(b) for part 6A--see section 112A. 27
assessment scheme, for part 6A, see section 112A. 28
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 21]
proposed action, for part 6A, division 7, see section 1
112Q(1)(b). 2
relevant person, for part 2, division 8, see section 35A(1). 3
RPEQ registration number means the number assigned to a 4
registered professional engineer on the engineer's certificate 5
of registration. 6
show cause notice, for part 6A, division 7, see section 7
112Q(2). 8
show cause period, for part 6A, division 7, see section 9
112Q(2)(e). 10
suitable for approval, for part 6A, see section 112A.'. 11
(3) Schedule 2, definition assessment entity-- 12
insert-- 13
`(c) for part 6A--see section 112A.'. 14
(4) Schedule 2, definition contact details, `the engineer'-- 15
omit, insert-- 16
`the engineer and the engineer's RPEQ registration number'. 17
(5) Schedule 2, definition prescriptive standard, example-- 18
omit, insert-- 19
`Examples-- 20
· AS1684 -- Timber framing code, published by Standards 21
Australia. 22
· AS/NZS 3000:2007 -- Electrical installations (known as the 23
Australian/New Zealand Wiring Rules), published by Standards 24
Australia.'. 25
(6) Schedule 2, definition professional engineering service, `may 26
be provided'-- 27
omit, insert-- 28
`is provided only'. 29
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Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 22]
Part 3 Amendments of Professional 1
Engineers Act 2002 2
commencing on 1 July 2008 3
Clause 22 Act amended in pt 3 4
This part amends the Professional Engineers Act 2002. 5
Clause 23 Insertion of new s 7A 6
Part 1, division 4, after section 7-- 7
insert-- 8
`7A Areas of engineering 9
`(1) The areas of engineering for this Act are the areas of 10
engineering for which-- 11
(a) there is an assessment scheme; or 12
(b) qualifications and competencies are prescribed under 13
section 10(1)(b). 14
`(2) The board must keep published, on the board's website on the 15
internet, the areas of engineering. 16
Editor's note-- 17
The board's website on the internet is .'. 18
Clause 24 Amendment of s 8 (Applying for registration) 19
Section 8(2)(b)(ii)-- 20
omit, insert-- 21
`(ii) if there is an assessment scheme approved for the 22
area of engineering the applicant is applying to be 23
registered in--the assessment entity's assessment 24
of the applicant against the qualifications and 25
competencies provided for under the scheme;'. 26
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 25]
Clause 25 Amendment of s 10 (When applicant is qualified for 1
registration) 2
(1) Section 10(1)-- 3
omit, insert-- 4
`(1) An applicant for registration is qualified for registration in an 5
area of engineering if the applicant has the qualifications and 6
competencies-- 7
(a) if there is an assessment scheme for the area of 8
engineering--provided for under the assessment 9
scheme; or 10
(b) otherwise--prescribed under a regulation for the area of 11
engineering.'. 12
(2) Section 10(2), `subsection (1)(b)'-- 13
omit, insert-- 14
`subsection (1)'. 15
(3) Section 10(2)(a) and (b), `each'-- 16
omit, insert-- 17
`the'. 18
(4) Section 10(3)-- 19
omit. 20
Clause 26 Amendment of s 11 (Fitness to practise as a registered 21
professional engineer) 22
(1) Section 11(e)-- 23
renumber as section 11(f). 24
(2) Section 11-- 25
insert-- 26
`(e) if the applicant has been required to undergo a health 27
assessment under section 35E-- 28
(i) whether the applicant underwent the assessment; 29
or 30
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[s 27]
(ii) whether the applicant cooperated with the doctor 1
appointed to conduct the assessment;'. 2
Clause 27 Amendment of s 12 (Deciding application) 3
(1) Section 12(2), `entity, given'-- 4
omit, insert-- 5
`entity, if any, given'. 6
(2) Section 12(2), from `applicant, about'-- 7
omit, insert-- 8
`applicant under section 8(2)(b)(ii).'. 9
Clause 28 Amendment of s 13 (Grant of application) 10
(1) Section 13(2)-- 11
renumber as section 13(4). 12
(2) Section 13-- 13
insert-- 14
`(2) The board may, in granting the application, decide to impose 15
conditions on the applicant's registration that are reasonable 16
and relevant. 17
`(3) If the board decides to impose conditions on the applicant's 18
registration, the board must as soon as practicable give the 19
applicant an information notice about the decision.'. 20
Clause 29 Replacement of s 16 (Meaning of continuing competency 21
requirements) 22
Section 16-- 23
omit, insert-- 24
`16 Meaning of continuing registration requirements 25
`(1) Continuing registration requirements are requirements that, 26
if satisfied, demonstrate that an applicant for renewal or 27
restoration of registration has maintained competency in the 28
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 29]
practice of engineering in the area of engineering for which 1
the applicant is, or was, registered. 2
`(2) The requirements may include requirements about the 3
following for an area of engineering-- 4
(a) the nature, extent and period of practice of engineering 5
by the applicant; 6
(b) the nature and extent of continuing professional 7
development to be undertaken by the applicant; 8
(c) the nature and extent of research, study or teaching, 9
relating to engineering, to be undertaken by the 10
applicant; 11
(d) the nature and extent of administrative work, relating to 12
engineering, to be performed by the applicant. 13
`(3) The requirements are met by-- 14
(a) if the applicant is registered with an assessment entity 15
for participation in the continuing registration 16
requirements of an assessment scheme conducted by the 17
entity--complying with the continuing registration 18
requirements of the assessment scheme; or 19
(b) otherwise--complying with the board's continuing 20
registration requirements for the area of engineering for 21
which the applicant is, or was, registered. 22
`(4) An assessment entity must-- 23
(a) keep published the continuing registration requirements 24
of each of the entity's assessment schemes on the 25
entity's website on the internet; and 26
(b) ensure the continuing registration requirements of each 27
of the entity's assessment schemes are readily available 28
to any registered professional engineer on request. 29
`(5) The board must-- 30
(a) keep published the board's continuing registration 31
requirements on the board's website on the internet; and 32
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[s 30]
(b) keep the requirements available for inspection, without 1
charge, during normal business hours at the board's 2
office; and 3
(c) if asked by a person and on payment of the fee, if any, 4
prescribed under a regulation, give the person a copy of 5
the requirements. 6
Editor's note-- 7
The board's website on the internet is .'. 8
Clause 30 Amendment of s 18 (Applying for renewal) 9
(1) Section 18(3)(b)(i)-- 10
omit. 11
(2) Section 18(3)(b)(ii), `any other'-- 12
omit, insert-- 13
`the'. 14
(3) Section 18(3)(b)(ii) and (iii)-- 15
renumber as section 18(3)(b)(i) and (ii). 16
Clause 31 Amendment of s 20 (Deciding application) 17
(1) Section 20(2)(b), `competency'-- 18
omit, insert-- 19
`registration'. 20
(2) Section 20(4)-- 21
omit. 22
(3) Section 20(5)-- 23
renumber as section 20(4). 24
Clause 32 Amendment of s 21 (Renewal of registration) 25
Section 21-- 26
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Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 33]
insert-- 1
`(2) The board may, in renewing the applicant's registration, 2
decide to impose conditions on the applicant's registration 3
that are reasonable and relevant. 4
`(3) If the board decides to impose conditions on the registration, 5
the board must as soon as practicable give the applicant an 6
information notice about the decision.'. 7
Clause 33 Amendment of s 23 (Applying for restoration) 8
(1) Section 23(2)(b)(i)-- 9
omit. 10
(2) Section 23(2)(b)(ii), `any other'-- 11
omit, insert-- 12
`the'. 13
(3) Section 23(2)(b)(ii) to (iv)-- 14
renumber as section 23(i) to (iii) 15
Clause 34 Amendment of s 24 (Deciding application) 16
(1) Section 24(2)(b), `competency'-- 17
omit, insert-- 18
`registration'. 19
(2) Section 24(4)-- 20
omit. 21
(3) Section 24(5)-- 22
renumber as section 24(4). 23
Clause 35 Amendment of s 25 (Restoration of registration) 24
(1) Section 25(2)-- 25
renumber as section 25(4). 26
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Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 36]
(2) Section 25-- 1
insert-- 2
`(2) The board may, in restoring the applicant's registration, 3
decide to impose conditions on the registration that are 4
reasonable and relevant. 5
`(3) If the board decides to impose conditions on the applicant's 6
registration, the board must as soon as practicable give the 7
applicant an information notice about the decision.'. 8
Clause 36 Insertion of new pt 2, div 5A 9
Part 2, after division 5-- 10
insert-- 11
`Division 5A Further conditions imposed on 12
registration 13
`27A Imposition of certain conditions on registration 14
`(1) The board may impose the following conditions on a 15
registered professional engineer's registration-- 16
(a) if a health assessor recommends, under section 17
35G(2)(b), that a condition be imposed on the engineer's 18
registration--a condition that is reasonable and relevant 19
having regard to the health assessor's recommendation; 20
(b) if the board decides, under section 73(2)(d), to impose a 21
condition on an engineer's registration--the condition 22
agreed to by the engineer. 23
`(2) If the board imposes a condition on a registered professional 24
engineer's registration under this section, the board must give 25
the engineer-- 26
(a) a notice (the warning notice) stating that the registered 27
professional engineer must return the engineer's 28
certificate of registration to the board within 21 days 29
after receiving the notice; and 30
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 37]
(b) for a condition mentioned in subsection (1)(a)--an 1
information notice for the decision. 2
`(3) A condition imposed under this section has effect when the 3
warning notice is given to the registered professional engineer 4
and does not depend on the condition being noted on the 5
engineer's certificate of registration.'. 6
Clause 37 Amendment of pt 2, div 6 hdg (Cancellation of 7
registrations) 8
Part 2, division 6, heading, `of'-- 9
omit, insert-- 10
`and immediate suspension of'. 11
Clause 38 Amendment of s 28 (Grounds for cancellation) 12
Section 28-- 13
insert-- 14
`(d) the registered professional engineer's registration to 15
practise as a professional engineer under a law applying, 16
or that applied, in the Commonwealth, another State or a 17
foreign country has been cancelled under that law for 18
disciplinary reasons; or 19
(e) the registered professional engineer's membership of an 20
association of professional engineers, whether in 21
Australia or a foreign country, has been cancelled under 22
the association's rules for disciplinary reasons; or 23
(f) the registered professional engineer has contravened a 24
condition of the engineer's registration; or 25
(g) the assessment in a health assessment report given to the 26
board under section 35G is that the engineer is currently 27
unable to competently and safely practise as a registered 28
professional engineer.'. 29
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 39]
Clause 39 Insertion of new s 29A 1
Part 2, division 6, after section 29-- 2
insert-- 3
`29A Immediate suspension of registration 4
`(1) This section applies if the board requires a registered 5
professional engineer to undergo a health assessment under 6
section 35E and the engineer does not undergo the health 7
assessment as required or does not cooperate with the doctor 8
appointed to conduct the assessment. 9
`(2) The board may, by information notice given to the registered 10
professional engineer, immediately suspend the engineer's 11
registration. 12
`(3) The information notice must also state the period of 13
suspension. 14
`(4) The suspension-- 15
(a) may be for the period the board decides; and 16
(b) has effect immediately when the notice is given. 17
`(5) The board must end the suspension if satisfied that the ground 18
for the suspension no longer exist. 19
`(6) The suspension ends if the registered professional engineer's 20
registration is cancelled or otherwise ends.'. 21
Clause 40 Amendment of pt 2, div 7 hdg (Offences about 22
registration) 23
Part 2, division 7, heading, `about registration'-- 24
omit. 25
Clause 41 Insertion of new ss 32A32C 26
Part 2, division 7, after section 32-- 27
insert-- 28
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Professional Engineers and Other Legislation Amendment Bill 2008
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[s 41]
`32A Notification of disciplinary action by other bodies 1
`(1) A registered professional engineer must advise the board 2
about any disciplinary action (the event) taken against the 3
engineer in another State or a foreign country in relation to the 4
engineer's practice as an engineer, within 21 days after the 5
event, unless the engineer has a reasonable excuse. 6
Maximum penalty--50 penalty units. 7
`(2) For subsection (1) it is immaterial whether or not the 8
disciplinary action happened under a law of the other State or 9
country, or under the rules of an association of professional 10
engineers. 11
`32B Notification of inability to practise 12
`(1) This section applies if a registered professional engineer has 13
been unable to competently and safely practise as a registered 14
professional engineer for a continuous period of 3 months 15
because of the engineer's mental or physical health. 16
`(2) The engineer must immediately notify the board in writing of 17
that fact, unless the engineer-- 18
(a) has already notified the board in writing of the 19
incapacity; or 20
(b) has a reasonable excuse. 21
Maximum penalty--50 penalty units. 22
`32C Amending or replacing certificates of registration 23
after certain conditions imposed 24
`(1) This section applies if-- 25
(a) a registered professional engineer receives a warning 26
notice under section 27A; or 27
(b) the tribunal makes an order imposing a condition on the 28
engineer's registration under section 131(3)(b). 29
`(2) The engineer must return the engineer's certificate of 30
registration to the board within 21 days after receiving the 31
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Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 42]
warning notice or the tribunal makes the order, unless the 1
engineer has a reasonable excuse. 2
Maximum penalty--50 penalty units. 3
`(3) On receiving the certificate, the board must-- 4
(a) amend the certificate appropriately and return it to the 5
engineer; or 6
(b) issue another certificate of registration to the engineer to 7
replace the certificate returned to the board. 8
`(4) In this section-- 9
warning notice see section 27A(2)(a).'. 10
Clause 42 Insertion of new s 35C 11
Part 2, division 8, after section 35B-- 12
insert-- 13
`35C Information about relevant persons from 14
assessment entities 15
`(1) The board may ask an assessment entity for information, 16
about a relevant person, relating to the practice of professional 17
engineering. 18
`(2) If asked by the board, the assessment entity must give the 19
board the information mentioned in subsection (1) to which 20
the entity has access. 21
Note-- 22
Contravention of this provision is a ground for cancelling or suspending 23
the approval of an assessment scheme. 24
`(3) An assessment entity that, honestly and on reasonable 25
grounds, gives information to the board under subsection (2) 26
is not subject to any liability for giving the information and no 27
action, claim or demand may be taken or made of or against 28
the entity for giving the information. 29
`(4) Information obtained under this section may only be used for 30
the purposes of this Act.'. 31
Page 39
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 43]
Clause 43 Insertion of new pt 2A 1
After section 35C, as inserted by this Act-- 2
insert-- 3
`Part 2A Health assessments 4
`35D Definitions for pt 2A 5
`In this part-- 6
health assessment report see section 35G(1). 7
subject engineer see section 35E(1). 8
`35E Health assessment 9
`(1) This section applies if the board reasonably believes a 10
registered professional engineer (the subject engineer) is 11
unable to competently and safely practise as a registered 12
professional engineer because of the engineer's mental or 13
physical health. 14
`(2) The board may require the subject engineer to undergo a 15
health assessment by a doctor (the health assessor) appointed 16
by the board. 17
`(3) If the board decides to require a health assessment, the board 18
must give the subject engineer an information notice about the 19
decision to require the assessment that includes-- 20
(a) a stated date, time and place, for the assessment; and 21
(b) the name and qualifications of the health assessor 22
appointed by the board to conduct the assessment; and 23
(c) the possible consequences of failing to undergo, or 24
cooperate during, the assessment. 25
`(4) The stated date must be no sooner than 14 days after the 26
information notice is given to the subject engineer unless the 27
engineer and the board agree, in writing, to an earlier date. 28
Page 40
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 43]
`(5) The stated time and place must be reasonable having regard to 1
the circumstances of the subject engineer as known to the 2
board. 3
`35F Appointment of health assessor 4
`Before appointing a doctor as a health assessor, the board 5
must be satisfied the doctor does not have a personal or 6
professional connection with the subject engineer that may 7
prejudice the way in which the doctor conducts the 8
assessment. 9
`35G Health assessment report 10
`(1) A health assessor conducting all or part of a health assessment 11
of a subject engineer must prepare a report about the 12
assessment (health assessment report). 13
`(2) The health assessment report must include-- 14
(a) the health assessor's findings as to whether the subject 15
engineer is currently unable to competently and safely 16
practise as a registered professional engineer; and 17
(b) if the health assessor finds that the subject engineer is 18
unable to competently and safely practise as a registered 19
professional engineer--the health assessor's 20
recommendations as to any conditions that could be 21
imposed on the engineer's registration to overcome the 22
inability. 23
`(3) The health assessor must give the health assessment report to 24
the board and a copy to the subject engineer. 25
`35H Payment for heath assessment and report 26
`(1) The board is liable for the cost of the health assessment and 27
the preparation of the health assessment report. 28
`(2) However, if the assessment is that the subject engineer is 29
currently unable to competently and safely practise as a 30
registered professional engineer, the board may require the 31
Page 41
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 43]
engineer, by notice, to pay the board the amount of the cost of 1
the assessment and of the preparation of the health assessment 2
report. 3
`(3) The amount mentioned in subsection (2) is a debt payable to 4
the board. 5
`35I Use of health assessment report 6
`(1) A health assessment report is not admissible in any 7
proceeding, and a person can not be compelled to produce the 8
report or to give evidence about the report or its contents in 9
any proceeding. 10
`(2) Subsection (1) does not apply in relation to-- 11
(a) a proceeding relating to an application by the subject 12
engineer to whom the report relates for registration as, 13
or renewal or restoration of registration as, a registered 14
professional engineer under this Act; or 15
(b) a proceeding on an appeal by the subject engineer 16
against a decision of the board-- 17
(i) refusing to grant, renew or restore registration; or 18
(ii) cancelling or immediately suspending registration. 19
`(3) Also, subsection (1) does not apply if the report is admitted or 20
produced, or evidence about the report or its contents is given, 21
in a proceeding with the consent of-- 22
(a) the health assessor who prepared the report; and 23
(b) the registered professional engineer to whom the report 24
relates. 25
`(4) A health assessment report may only be used for the purposes 26
of this Act and must be destroyed as soon as practicable after 27
it is no longer needed for those purposes. 28
`(5) In this section-- 29
health assessment report includes a copy of the report or a 30
part of the report or copy.'. 31
Page 42
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 44]
Clause 44 Amendment of s 36 (Grounds for disciplining a registered 1
professional engineer) 2
Section 36-- 3
insert-- 4
`(d) the engineer has contravened an undertaking entered 5
into by the engineer and the board under section 6
73(2)(b); 7
(e) the engineer has contravened a condition of the 8
engineer's registration.'. 9
Clause 45 Amendment of s 73 (Board's decision on investigation 10
about registered professional engineer) 11
(1) Section 73(2), `1 of'-- 12
omit, insert-- 13
`1 or more of'. 14
(2) Section 73(2)(b)-- 15
omit, insert-- 16
`(b) enter into an undertaking agreed with the registered 17
professional engineer about a matter relating to the 18
engineer carrying out professional engineering services, 19
including, for example, to submit to an audit of the 20
engineer's practice of engineering;'. 21
(3) Section 73(2)(d)-- 22
omit, insert-- 23
`(d) impose a condition, agreed to by the registered 24
professional engineer, on the engineer's registration; 25
(e) take no further action about the matter the subject of the 26
investigation.'. 27
(4) Section 73-- 28
insert-- 29
Page 43
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 46]
`(2A) If the engineer does not comply with an undertaking entered 1
into under subsection (2)(b), the board may decide to take 2
another action mentioned in subsection (2).'. 3
(5) Section 73(4), `(2)(a), (b) or (c)'-- 4
omit, insert-- 5
`(2)(a) to (d)'. 6
(6) Section 73(5), `(2)(b), (c) or (d)'-- 7
omit, insert-- 8
`(2)(b) to (e)'. 9
Clause 46 Amendment of s 74 (Notice of result of investigation 10
about registered professional engineer) 11
Section 74(3), `73(2)(d)'-- 12
omit, insert-- 13
`73(2)(e)'. 14
Clause 47 Insertion of new s 74A 15
After section 74-- 16
insert-- 17
`74A Publishing of certain decisions on investigation 18
about registered professional engineer 19
`(1) This section applies if the board decides-- 20
(a) to caution or reprimand a registered professional 21
engineer under section 73(2)(c); or 22
(b) to impose a condition on a registered professional 23
engineer's registration under section 73(2)(d). 24
`(2) The board may notify the decision, and reasons for the 25
decision, on the board's website on the internet. 26
`(3) The board must not act under subsection (2) until the 27
particulars of the decision are included in the register under 28
section 102.'. 29
Page 44
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 48]
Clause 48 Amendment of s 75 (Board's decision about other 1
investigations) 2
(1) Section 75(2)(b) and (c)-- 3
omit. 4
(2) Section 75(2)(d)-- 5
renumber as section 75(2)(b). 6
(3) Section 75(4)-- 7
omit. 8
Clause 49 Amendment of s 76 (Board to take action as soon as 9
practicable) 10
Section 76, `73(2)(a) to (c), or (4), or section 75(2)(a) to 11
(c),'-- 12
omit, insert-- 13
`73(2)(a) to (d), or (4), or section 75(2)(a),'. 14
Clause 50 Amendment of s 80 (Functions of board) 15
(1) Section 80(1)(e)(ii)-- 16
omit, insert-- 17
`(ii) the suitability of assessment schemes for approval; 18
and'. 19
(2) Section 80(2), from `(1)(e)(i)'-- 20
omit, insert-- 21
`(1)(e)(i).'. 22
Clause 51 Amendment of s 102 (Keeping register) 23
(1) Section 102(3)(e) to (h)-- 24
renumber section 102(3)(g) to (j). 25
(2) Section 102(3)-- 26
Page 45
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 52]
insert-- 1
`(e) if the person's registration is subject to a 2
condition--particulars of the condition; 3
(f) if the board cautions or reprimands the person under 4
section 73(2)(c)--particulars of the caution or 5
reprimand;'. 6
(3) Section 102(5), from `(g)' to `registration'-- 7
omit, insert-- 8
`(i) for a relevant decision of the board'. 9
(4) Section 102(6), from `a decision' to `(3)(e) to (g)'-- 10
omit, insert-- 11
`a relevant decision of the board, the particulars mentioned in 12
subsection (3)(e) to (i)'. 13
(5) Section 102-- 14
insert-- 15
`(7) In this section-- 16
relevant decision, of the board, means a decision of the board 17
to-- 18
(a) impose a condition on a person's registration; or 19
(b) caution or reprimand a person; or 20
(c) cancel, or refuse to renew or restore, a person's 21
registration.'. 22
Clause 52 Amendment of s 112A (Definitions for pt 6A) 23
Section 112A, definitions area of engineering, assessment 24
entity and assessment scheme-- 25
omit. 26
Page 46
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 53]
Clause 53 Amendment of s 112B (Suitability of assessment 1
schemes for approval) 2
Section 112B(2)-- 3
omit. 4
Clause 54 Amendment of s 112C (Application for approval) 5
Section 112C(1), `engineering to'-- 6
omit, insert-- 7
`engineering, or proposed areas of engineering, to'. 8
Clause 55 Amendment of s 115 (Who may carry out professional 9
engineering services) 10
(1) Section 115(2) and (4), before `supervision'-- 11
insert-- 12
`direct'. 13
(2) Section 115(2), `engineer.'-- 14
omit, insert-- 15
`engineer who is responsible for the services.'. 16
(3) Section 115(4), `engineering.'-- 17
omit, insert-- 18
`engineering and responsible for the services.'. 19
(4) Section 115-- 20
insert-- 21
`(5) For this section, a person carries out professional engineering 22
services under the direct supervision of a registered 23
professional engineer only if the engineer directs the person in 24
the carrying out of the services and oversees and evaluates the 25
carrying out of the services by the person.'. 26
Page 47
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 56]
Clause 56 Omission of ss 116119 1
Sections 116 to 119-- 2
omit. 3
Clause 57 Amendment of s 122 (Review of particular decisions) 4
Section 122(2)(c) to (e)-- 5
omit, insert-- 6
`(c) a person whose registration is subject to conditions 7
imposed by the board under section 13(2), 21(2), 25(2) 8
or 27A(1)(a); 9
(d) a person whose registration is cancelled under section 10
29(3); 11
(e) a person whose registration is immediately suspended 12
under section 29A(2); 13
(f) a person who is required to undergo a health assessment 14
under section 35E(2); 15
(g) a person who, under section 73(2)(c), has been 16
cautioned or reprimanded; 17
(h) a person who makes a complaint if the board decides, 18
under section 73(2)(e), to take no further action about 19
the complaint.'. 20
Clause 58 Amendment of s 124 (Stay of operation of decision) 21
Section 124(b)-- 22
omit, insert-- 23
`(b) a decision, under section 29A(2), immediately 24
suspending a person's registration; or 25
(c) a decision, under section 29(3), cancelling a person's 26
registration; or 27
(d) a decision, under section 35E(2), requiring a person to 28
undergo a health assessment.'. 29
Page 48
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 59]
Clause 59 Amendment of s 138 (Evidentiary matters) 1
Section 138(f) and (g), after `registration'-- 2
insert-- 3
`or approval'. 4
Clause 60 Amendment of s 141 (Performance and carrying out of 5
professional engineering services by particular entities) 6
(1) Section 141(1)(b)(ii)-- 7
omit, insert-- 8
`(ii) the services are not carried out by or under the 9
direct supervision of a registered professional 10
engineer who is responsible for the services.'. 11
(2) Section 141-- 12
insert-- 13
`(3) For this section a person carries out professional engineering 14
services under the direct supervision of a registered 15
professional engineer only if the engineer directs the person in 16
the carrying out the services and oversees and evaluates the 17
carrying out of the services by the person.'. 18
Clause 61 Amendment of s 164 (Continuing effect of qualifications 19
under the repealed Act) 20
Section 164(1)(b)-- 21
omit, insert-- 22
`(b) only before 1 July 2008.'. 23
Clause 62 Insertion of new pt 11, div 5 24
After section 167-- 25
insert-- 26
Page 49
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 62]
`Division 5 Transitional provisions for 1
Professional Engineers and Other 2
Legislation Amendment Act 2008, 3
part 3 4
`168 Definitions for this division 5
`In this division-- 6
commencement means the commencement of this division. 7
pre-amended Act means this Act as in force immediately 8
before the commencement. 9
preserved area of engineering means the following areas of 10
engineering under the pre-amended Act-- 11
(a) aeronautical engineering; 12
(b) agricultural engineering; 13
(c) chemical engineering; 14
(d) civil engineering; 15
(e) computer systems engineering; 16
(f) electrical engineering; 17
(g) mechanical engineering; 18
(h) metallurgical engineering; 19
(i) mining engineering; 20
(j) naval architectural engineering. 21
`169 Certain applications to be dealt with under 22
pre-amended Act 23
`(1) This section applies to any of the following applications if the 24
application was made to the board, and not finally dealt with, 25
before the commencement-- 26
(a) an application for registration under the pre-amended 27
Act, section 8; 28
Page 50
Professional Engineers and Other Legislation Amendment Bill 2008
Part 3 Amendments of Professional Engineers Act 2002 commencing on 1 July 2008
[s 63]
(b) an application for renewal of registration under the 1
pre-amended Act, section 18; 2
(c) an application for restoration of registration under the 3
pre-amended Act, section 23. 4
`(2) The pre-amended Act continues to apply to the application for 5
the purpose of making a decision about the application. 6
`170 Continuing registration requirements for preserved 7
areas of engineering 8
`(1) This section applies for the purpose of having continuing 9
registration requirements for a preserved area of engineering. 10
`(2) A reference in section 16 to an area of engineering is taken to 11
include a reference to a preserved area of engineering. 12
`171 Application of preserved areas of engineering to 13
certain provisions 14
`(1) This section applies to the following registered professional 15
engineers if the engineer is registered for a preserved area of 16
engineering-- 17
(a) an engineer who was registered before the 18
commencement; 19
(b) an engineer who, under section 169, was registered after 20
the commencement. 21
`(2) For sections 34(2)(b) and 115(3), the preserved area of 22
engineering for which the engineer is registered is taken to be 23
the area of engineering for which the engineer is registered.'. 24
Clause 63 Amendment of sch 2 (Dictionary) 25
(1) Schedule 2, definitions area of engineering, assessment entity, 26
assessment scheme and complainant-- 27
omit. 28
(2) Schedule 2-- 29
Page 51
Professional Engineers and Other Legislation Amendment Bill 2008
Part 4 Amendment of Electrical Safety Act 2002
[s 64]
insert-- 1
`areas of engineering see section 7A(1). 2
assessment entity, in relation to an assessment scheme, means 3
the entity for which the scheme was approved. 4
assessment scheme means a scheme approved under part 6A. 5
complainant, other than in section 139, means the person who 6
makes the complaint. 7
health assessment, in relation to a registered professional 8
engineer, includes-- 9
(a) a physical, medical or psychiatric examination or test of 10
the engineer; and 11
(b) asking questions to assess the engineer's mental and 12
physical health. 13
health assessment report, for part 2A, see section 35D. 14
health assessor see section 35E(2). 15
subject engineer, for part 2A, see section 35D.'. 16
(3) Schedule 2, definition continuing competency requirements, 17
`competency'-- 18
omit, insert-- 19
`registration'. 20
Part 4 Amendment of Electrical Safety 21
Act 2002 22
Clause 64 Act amended in pt 4 23
This part amends the Electrical Safety Act 2002. 24
Page 52
Professional Engineers and Other Legislation Amendment Bill 2008
Part 4 Amendment of Electrical Safety Act 2002
[s 65]
Clause 65 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions electrical engineer and Engineers 2
Act-- 3
omit. 4
(2) Schedule 2-- 5
insert-- 6
`electrical engineer means-- 7
(a) a person who is a registered professional engineer under 8
the Professional Engineers Act 2002 and who is 9
registered in the area or preserved area of electrical 10
engineering under that Act; or 11
(b) a person who held a degree in electrical engineering 12
granted by-- 13
(i) an approved school of engineering under the 14
repealed Professional Engineers Act 1988; or 15
(ii) an approved faculty of engineering under the 16
repealed Professional Engineers Act 1988; 17
before the repeal of that Act and who continues to hold 18
the degree; or 19
(c) a person who held, immediately before the 20
commencement of the Professional Engineers and 21
Other Legislation Amendment Act 2008, and continues 22
to hold, a qualification in electrical engineering granted 23
by a tertiary education institution that entitled the person 24
to be admitted to the Institution of Engineers Australia, 25
as a graduate member.'. 26
Page 53
Professional Engineers and Other Legislation Amendment Bill 2008
Part 5 Amendment of Public Records Act 2002
[s 66]
Part 5 Amendment of Public Records 1
Act 2002 2
Clause 66 Act amended in pt 5 3
This part amends the Public Records Act 2002. 4
Clause 67 Amendment of s 6 (What is a public record) 5
(1) Section 6(1)(a) and (b), after `Minister'-- 6
insert-- 7
`or Parliamentary Secretary'. 8
(2) Section 6(1)-- 9
insert-- 10
`(d) a record of a Parliamentary Secretary.'. 11
Clause 68 Amendment of s 16 (Meaning of restricted access period) 12
Section 16(1)-- 13
omit, insert-- 14
`(1) Subject to subsection (2), the restricted access period, for the 15
following records starts on the day the record is made and 16
ends 30 years after the day of the last action on the record-- 17
(a) a public record classified by a public authority as 18
containing potentially exempt matter mentioned in 19
section 36 or 37 of the FOI Act; 20
Editor's Note-- 21
FOI Act, section 36 (Cabinet matter) or 37 (Executive Council 22
matter) 23
(b) a Ministerial record; 24
(c) a record of a Parliamentary Secretary.'. 25
Page 54
Professional Engineers and Other Legislation Amendment Bill 2008
Part 5 Amendment of Public Records Act 2002
[s 69]
Clause 69 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2-- 2
insert-- 3
`Parliamentary Secretary means a member of the Legislative 4
Assembly appointed as a Parliamentary Secretary under the 5
Constitution of Queensland 2001, section 24. 6
record of a Parliamentary Secretary means a record created 7
or received by a Parliamentary Secretary in the course of 8
carrying out the Parliamentary Secretary's official duties but 9
does not include-- 10
(a) a record related to the Parliamentary Secretary's 11
personal or party political activities; or 12
(b) a record the Parliamentary Secretary holds in the 13
Parliamentary Secretary's capacity as a member of the 14
Legislative Assembly.'. 15
(2) Schedule 2, definition public authority, paragraphs (d) to 16
(k)-- 17
renumber as paragraphs (e) to (l). 18
(3) Schedule 2, definition public authority-- 19
insert-- 20
`(d) a Parliamentary Secretary; or'. 21
© State of Queensland 2008
Page 55
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