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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PROFESSIONAL ENGINEERS
BILL 2002
Queensland
PROFESSIONAL ENGINEERS BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Objects
3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 How main objects are achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 3--Application of Act
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Mutual recognition legislation not affected. . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4--Interpretation
7 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 2--REGISTRATION OF PROFESSIONAL ENGINEERS
Division 1--Preliminary
8 Applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Eligibility for registration
9 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 When applicant is qualified for registration . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Fitness to practise as a registered professional engineer . . . . . . . . . . . . . . . . 13
Division 3--Decision on applications for registration
12 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Grant of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Refusal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Period of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
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Professional Engineers Bill 2002
Division 4--Renewal and restoration of registrations
Subdivision 1--Preliminary
16 Meaning of "continuing competency requirements". . . . . . . . . . . . . . . . . . . 16
17 Notification of expiry of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 2--Renewal
18 Applying for renewal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
19 Registration in force while application is considered . . . . . . . . . . . . . . . . . . 17
20 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
21 Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Refusal to renew registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Subdivision 3--Restoration
23 Applying for restoration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
24 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Restoration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Refusal to restore registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 5--Lapsing of applications
27 Lapsing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6--Cancellation of registrations
28 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Procedure for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 7--Offences about registration
30 False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Notification about particular matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 8--Miscellaneous
33 Surrender of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Form of certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
35 Refund of fees--withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3--COMPLAINTS AND INVESTIGATIONS
Division 1--Grounds for disciplining registered professional engineers
36 Grounds for disciplining a registered professional engineer. . . . . . . . . . . . . 25
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Professional Engineers Bill 2002
Division 2--Complaints
37 Complaints about conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
38 Board may require further information or statutory declaration . . . . . . . . . . 26
39 Rejection of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Withdrawal of complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 3--Investigations
41 Investigation of registered professional engineer's conduct . . . . . . . . . . . . . 26
42 Investigation of compliance with Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
43 Investigation to be conducted as quickly as possible . . . . . . . . . . . . . . . . . . 27
44 Notice of investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
45 Board may engage persons to help investigation . . . . . . . . . . . . . . . . . . . . . 28
Division 4--Investigators
46 Function of investigator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
47 Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 5--Appointment of investigators and other matters
48 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
49 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 29
50 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
51 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
52 When investigator ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
53 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Failure to return identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 6--Powers of board and investigators
55 Power to require information or attendance . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
57 Inspection and copying of produced documents . . . . . . . . . . . . . . . . . . . . . . 32
Division 7--Seizure of documents
58 Seizing document as evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
59 Receipt for seized document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
60 Investigator to give seized document to board . . . . . . . . . . . . . . . . . . . . . . . 33
61 Access to seized document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 Return of seized document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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Professional Engineers Bill 2002
Division 8--Notice of damage and compensation
63 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
64 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 9--Offences about investigations
65 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
66 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
67 Obstructing board or investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
68 Impersonation of investigators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 4--REPORTS AND BOARD'S DECISIONS ABOUT
INVESTIGATIONS
69 Board's report about investigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
70 Report about investigation being conducted . . . . . . . . . . . . . . . . . . . . . . . . . 36
71 Investigator's report about investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
72 Board may report to Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
73 Board's decision on investigation about registered professional
engineer ............................................ 37
74 Notice of result of investigation about registered professional engineer . . . 38
75 Board's decision about other investigations . . . . . . . . . . . . . . . . . . . . . . . . . 38
76 Board to take action as soon as practicable . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 5--BOARD OF PROFESSIONAL ENGINEERS OF
QUEENSLAND
Division 1--Establishment
77 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
78 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
79 Board's independence etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2--Functions and powers
80 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
81 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3--Membership
82 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
83 Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
84 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
85 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Professional Engineers Bill 2002
86 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
87 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
88 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
89 Effect of vacancy in membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . 45
90 Report about person's criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 4--Business and meetings
91 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
92 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
93 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
94 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
95 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
96 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 5--Disclosure of interests by board members
97 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 6--Directions by Minister and performance agreements
98 Ministerial direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
99 Performance agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 7--Registrar of board
100 Appointment and function of registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
101 Board to reimburse cost of registrar's services . . . . . . . . . . . . . . . . . . . . . . . 50
Division 8--Register
102 Keeping register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
103 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 9--Other provisions about the board
104 Application of other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
105 Board's common seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
106 Board to reimburse tribunal costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
107 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 6--CODES OF PRACTICE
108 Board to make code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
109 Tabling of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
110 Inspection of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Professional Engineers Bill 2002
111 Notice of approval or amendment of code . . . . . . . . . . . . . . . . . . . . . . . . . . 54
112 Use of code of practice in disciplinary proceeding . . . . . . . . . . . . . . . . . . . . 54
PART 7--OTHER OFFENCE PROVISIONS
113 Claims about being a registered professional engineer . . . . . . . . . . . . . . . . . 55
114 Using titles or names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
115 Who may carry out professional engineering services . . . . . . . . . . . . . . . . . 55
116 Claims about provision of professional engineering services . . . . . . . . . . . . 56
117 Providing information about registered professional engineers . . . . . . . . . . 56
118 Information on correspondence about professional engineering
services .......................................... 57
119 Information for advertisements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 8--REVIEWS AND DISCIPLINARY PROCEEDINGS
Division 1--Preliminary
120 Application of Tribunal Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
121 Representation at proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2--Reviews
122 Review of particular decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
123 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
124 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
125 Effect of review on operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
126 Information about review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 3--Disciplinary proceedings
127 Tribunal may conduct disciplinary proceeding . . . . . . . . . . . . . . . . . . . . . . . 60
128 Starting disciplinary proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
129 Tribunal to have regard to code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . 60
130 Continuation of particular proceeding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
131 Orders relating to registered professional engineer. . . . . . . . . . . . . . . . . . . . 61
132 Orders relating to former registered professional engineer. . . . . . . . . . . . . . 62
133 Effect of particular orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
134 Recording details of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 9--LEGAL PROCEEDINGS
Division 1--Evidence
135 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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Professional Engineers Bill 2002
136 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
137 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
138 Evidentiary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
Division 2--Offence proceedings
139 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
140 False or misleading information or statements . . . . . . . . . . . . . . . . . . . . . . . 65
PART 10--OTHER MATTERS
141 Performance and carrying out of professional engineering services
by particular entities ........................................ 65
142 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
143 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
144 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
PART 11--REPEAL AND TRANSITIONAL PROVISIONS
Division 1--Repeal
145 Repeal of Professional Engineers Act 1988 . . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 2--Transitional provisions
Subdivision 1--Preliminary
146 Definitions for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 2--Transitional references
147 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
148 References to former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 3--Other transitional provisions
149 Dissolution of former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
150 Particular members of former board continue in office. . . . . . . . . . . . . . . . . 68
151 First appointment of particular member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
152 Employees of former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
153 Vesting of former board's assets, rights and liabilities . . . . . . . . . . . . . . . . . 70
154 Vesting of former board's pending legal proceedings . . . . . . . . . . . . . . . . . . 70
155 Dissolution of disciplinary panel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
156 Complaints under repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
157 Disciplinary proceeding started before commencement . . . . . . . . . . . . . . . . 70
158 Continuing investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
159 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
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Professional Engineers Bill 2002
160 Existing registrations--individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
161 Existing registrations--divisions of engineering . . . . . . . . . . . . . . . . . . . . . 73
162 Existing registrations--other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
163 Existing applications for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
164 Continuing effect of qualifications under repealed Act. . . . . . . . . . . . . . . . . 74
165 Refund of fees--registered professional engineering company or unit . . . . 74
PART 12--CONSEQUENTIAL AMENDMENTS
166 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 76
CONSEQUENTIAL AMENDMENTS
DOMESTIC BUILDING CONTRACTS ACT 2000 . . . . . . . . . . . . . . . . . . 76
QUEENSLAND BUILDING SERVICES AUTHORITY ACT 1991 . . . . . 76
SUBCONTRACTORS' CHARGES ACT 1974 . . . . . . . . . . . . . . . . . . . . . . 76
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 77
DICTIONARY
2002
A BILL
FOR
An Act to provide for the registration of professional engineers, and for
other purposes
s1 10 s3
Professional Engineers Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Professional Engineers Act 2002. 5
2 Commencement 6
(1) The following provisions of this Act commence on assent-- 7
(a) part 1, division 4; 8
(b) part 11, division 2, subdivision 1; 9
(c) section 150; 10
(d) schedule 2. 11
(2) The remaining provisions of this Act commence on 1 January 2003. 12
Division 2--Objects 13
3 Main objects of Act 14
The main objects of this Act are-- 15
(a) to protect the public by ensuring professional engineering 16
services are provided by a registered professional engineer in a 17
professional and competent way; and 18
(b) to maintain public confidence in the standard of services 19
provided by registered professional engineers; and 20
(c) to uphold the standards of practice of registered professional 21
engineers. 22
s4 11 s7
Professional Engineers Bill 2002
4 How main objects are achieved 1
The main objects are to be achieved primarily by-- 2
(a) providing for the registration of individuals as registered 3
professional engineers under this Act; and 4
(b) providing for the monitoring and enforcement of compliance 5
with this Act; and 6
(c) imposing obligations on persons about the practice of 7
engineering; and 8
(d) establishing the Board of Professional Engineers of Queensland. 9
Division 3--Application of Act 10
5 Act binds all persons 11
(1) This Act binds all persons, including the State. 12
(2) Subsection (1) does not make the State liable to be prosecuted for an 13
offence. 14
6 Mutual recognition legislation not affected 15
This Act does not affect the operation of the Mutual Recognition 16
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 17
(Queensland) Act 1999. 18
Division 4--Interpretation 19
7 Definitions 20
The dictionary in schedule 2 defines particular words used in this Act. 21
s8 12 s8
Professional Engineers Bill 2002
PART 2--REGISTRATION OF PROFESSIONAL 1
ENGINEERS 2
Division 1--Preliminary 3
8 Applying for registration 4
(1) Only an individual may apply to the board for registration as a 5
registered professional engineer for an area of engineering. 6
(2) The application must be-- 7
(a) in the approved form; and 8
(b) accompanied by each of the following-- 9
(i) satisfactory evidence of the applicant's eligibility for 10
registration; 11
(ii) if an assessment entity is prescribed under section 10(3) for 12
assessing an individual against the qualifications or 13
competencies provided for under section 10(1)--an 14
assessment entity's assessment of the applicant against the 15
qualifications or competencies; 16
(iii) any other documents, identified in the approved form, the 17
board reasonably requires to decide the application; 18
(iv) the application fee and registration fee prescribed under a 19
regulation. 20
(3) The approved form must provide for the inclusion of the applicant's 21
contact details as a registered professional engineer. 22
(4) The applicant also must provide any other relevant information 23
reasonably required by the board to decide the application.1 24
1 For how the board may make a requirement for information under section 8(4),
18(6) or 23(5), see section 27 (Lapsing of application).
s9 13 s 11
Professional Engineers Bill 2002
Division 2--Eligibility for registration 1
9 Eligibility 2
An applicant for registration is eligible for registration only if-- 3
(a) the applicant is qualified, under section 10, for registration; and 4
(b) the board considers the applicant is fit to practise as a registered 5
professional engineer. 6
10 When applicant is qualified for registration 7
(1) An applicant for registration is qualified for registration if the 8
applicant has-- 9
(a) the qualifications provided for under a regulation; and 10
(b) the competencies in the practice of engineering provided for 11
under a regulation. 12
(2) The competencies mentioned in subsection (1)(b)-- 13
(a) may relate to the practice of engineering in each area of 14
engineering; and 15
(b) may include requirements about the following for each area of 16
engineering-- 17
(i) the nature, extent and period of practice of engineering by 18
the applicant; 19
(ii) the nature and extent of any research, study or teaching, 20
relating to engineering, undertaken by the applicant; 21
(iii) the nature and extent of any administrative work, relating to 22
engineering, performed by the applicant. 23
(3) A regulation may prescribe an entity (an "assessment entity") for 24
assessing an applicant against the qualifications or competencies. 25
11 Fitness to practise as a registered professional engineer 26
In deciding whether an applicant for registration is fit to practise as a 27
registered professional engineer, the board may have regard to each of the 28
following-- 29
s 12 14 s 12
Professional Engineers Bill 2002
(a) whether the applicant has a conviction, other than a spent 1
conviction, for-- 2
(i) an indictable offence; or 3
(ii) an offence against this Act or the repealed Act; or 4
(iii) another offence, relating to the practice of engineering, 5
against a law applying, or that applied, in the State, the 6
Commonwealth, another State or a foreign country; 7
(b) if the applicant has been registered under this Act or the repealed 8
Act, or registered to practise as a professional engineer under a 9
law applying, or that applied, in the Commonwealth, another 10
State or a foreign country and the registration was suspended or 11
cancelled--the reason for its suspension or cancellation; 12
(c) if the applicant has been registered under this Act or the repealed 13
Act--any order about the applicant given under section 131 or 14
1322 of this Act, or section 603 of the repealed Act; 15
(d) whether the applicant-- 16
(i) is affected by bankruptcy action; or 17
(ii) is an executive officer of a corporation affected by control 18
action after the commencement of this section; 19
(e) any other issue relevant to the applicant's ability to competently 20
practise as a registered professional engineer, including, for 21
example, the applicant's mental or physical health. 22
Division 3--Decision on applications for registration 23
12 Deciding application 24
(1) The board must consider each application for registration made under 25
section 8 and either grant or refuse to grant the application as soon as 26
practicable after the last of the following events to happen-- 27
(a) the board receives the application; 28
2 Section 131 (Orders relating to registered professional engineer) or 132 (Orders
relating to former registered professional engineer)
3 The repealed Act, section 60 (Disciplinary panel may order cancellation of
registration etc.)
s 13 15 s 15
Professional Engineers Bill 2002
(b) the board receives all necessary information to decide the 1
application. 2
(2) In deciding the application, the board must have regard to the 3
assessment of an assessment entity, given to the board by the applicant, 4
about whether the applicant has the qualifications or competencies 5
provided for under section 10(1). 6
13 Grant of application 7
(1) If the board decides to grant the application, it must as soon as 8
practicable-- 9
(a) register the applicant as a registered professional engineer in 1 or 10
more of the areas of engineering for which the applicant is 11
qualified for registration; and 12
(b) give the applicant a certificate of registration. 13
(2) In deciding the areas of engineering for which an applicant may be 14
registered, the board must have regard to the applicant's qualifications and 15
competencies in the practice of engineering. 16
14 Refusal of application 17
If the board decides to refuse to grant the application, it must as soon as 18
practicable-- 19
(a) give the applicant an information notice for the decision; and 20
(b) refund the fees that accompanied the application less a 21
reasonable amount, if any, prescribed under a regulation for 22
processing the application. 23
15 Period of registration 24
(1) The period of registration that is to apply to a registered professional 25
engineer (the "registration period") is a financial year. 26
(2) If the board decides to register an applicant during a registration 27
period, the registration remains in force for the period-- 28
(a) commencing on the day when the board makes the decision; and 29
(b) ending on the last day of the registration period. 30
s 16 16 s 18
Professional Engineers Bill 2002
Division 4--Renewal and restoration of registrations 1
Subdivision 1--Preliminary 2
16 Meaning of "continuing competency requirements" 3
(1) "Continuing competency requirements" are requirements, 4
provided for under a regulation, that if satisfied demonstrate that an 5
applicant for renewal or restoration of registration has maintained 6
competency in the practice of engineering in the area of engineering for 7
which the applicant is, or was, registered. 8
(2) The requirements may include requirements about the following for 9
each area of engineering-- 10
(a) the nature, extent and period of practice of engineering by the 11
applicant; 12
(b) the nature and extent of any continuing professional development 13
undertaken by the applicant; 14
(c) the nature and extent of any research, study or teaching, relating 15
to engineering, undertaken by the applicant; 16
(d) the nature and extent of any administrative work, relating to 17
engineering, performed by the applicant. 18
(3) A regulation may prescribe an entity (an "assessment entity") for 19
assessing an applicant against the requirements. 20
17 Notification of expiry of registration 21
The board must give a registered professional engineer notice of the 22
expiry of the engineer's registration at least 3 months before the expiry. 23
Subdivision 2--Renewal 24
18 Applying for renewal 25
(1) A registered professional engineer may apply to the board for 26
renewal of the professional engineer's registration. 27
s 19 17 s 19
Professional Engineers Bill 2002
(2) The application may only be made at least 1 month, but not more 1
than 3 months, before the last day of the registration period (the "expiry 2
day"). 3
(3) The application must be-- 4
(a) in the approved form; and 5
(b) accompanied by each of the following-- 6
(i) if an assessment entity is prescribed under 7
section 16(3)--an assessment entity's assessment of the 8
applicant against the continuing competency requirements; 9
(ii) any other documents, identified in the approved form, the 10
board reasonably requires to decide the application; 11
(iii) the annual registration fee. 12
(4) Despite subsection (2), the board may accept an application for 13
renewal of registration made within 1 month before the expiry day if the 14
board is satisfied it would be reasonable in all the circumstances to accept 15
the application. 16
(5) The approved form must provide for the inclusion of the applicant's 17
contact details as a registered professional engineer. 18
(6) The registered professional engineer also must provide any other 19
relevant information reasonably required by the board to decide the 20
application. 21
19 Registration in force while application is considered 22
(1) If an application is made under section 18(2), or the board decides to 23
accept an application under section 18(4), the applicant's registration is 24
taken to continue in force from the day it would, apart from this section, 25
have expired until-- 26
(a) if the board decides to renew the registration--the day a new 27
certificate of registration is given to the applicant under 28
section 21; or 29
(b) if the board decides to refuse to renew the registration--the day 30
stated, under section 22(a), in the information notice for the 31
decision; or 32
(c) if the application is taken to have lapsed under section 27--the 33
day it is taken to have lapsed. 34
s 20 18 s 21
Professional Engineers Bill 2002
(2) Subsection (1) does not apply if the registration is earlier suspended 1
or cancelled under this Act. 2
20 Deciding application 3
(1) The board must consider an accepted application and either renew or 4
refuse to renew the registration as soon as practicable after the last of the 5
following events to happen-- 6
(a) the board receives the application; 7
(b) the board receives all necessary information to decide the 8
application. 9
(2) In deciding the application, the board must have regard to-- 10
(a) whether the board considers the applicant is fit to practise as a 11
registered professional engineer; and 12
(b) the extent, if any, to which the applicant has satisfied the 13
continuing competency requirements. 14
(3) In considering whether an applicant is fit to practise as a registered 15
professional engineer, the board may have regard to the same matters to 16
which the board may have regard in deciding whether an applicant for 17
registration is fit to practise as a registered professional engineer.4 18
(4) In considering whether an applicant has satisfied the continuing 19
competency requirements, the board must have regard to the assessment of 20
an assessment entity, given to the board by the applicant, about whether the 21
applicant has satisfied the requirements. 22
(5) In this section-- 23
"accepted application" means an application made under section 18(2) or 24
an application the board accepts under section 18(4). 25
21 Renewal of registration 26
If the board decides to renew the applicant's registration, it must as soon 27
as practicable give the applicant a new certificate of registration. 28
4 For the matters the board may have regard to in deciding if an applicant for
registration is fit to practise as a registered professional engineer, see section 11
(Fitness to practise as a registered professional engineer).
s 22 19 s 23
Professional Engineers Bill 2002
22 Refusal to renew registration 1
If the board decides to refuse to renew the registration, it must as soon as 2
practicable-- 3
(a) give the applicant an information notice for the decision stating 4
the day, not before the expiry day and not earlier than 7 days after 5
the notice is given, on which the registration ends; and 6
(b) refund the annual registration fee that accompanied the 7
application. 8
Subdivision 3--Restoration 9
23 Applying for restoration 10
(1) If a person's registration has expired, the person may, within 11
2 months after the expiry, apply to the board for restoration of the 12
registration. 13
(2) The application must be-- 14
(a) in the approved form; and 15
(b) accompanied by each of the following-- 16
(i) if an assessment entity is prescribed under 17
section 16(3)--an assessment entity's assessment of the 18
applicant against the continuing competency requirements; 19
(ii) any other documents, identified in the approved form, the 20
board reasonably requires to decide the application; 21
(iii) the annual registration fee. 22
(3) Despite subsection (1), the board may accept an application for 23
restoration of registration made more than 2 months after the expiry if the 24
board is satisfied it would be reasonable in all the circumstances to accept 25
the application. 26
(4) The approved form must provide for the inclusion of the applicant's 27
contact details as a registered professional engineer. 28
(5) The applicant also must provide any other relevant information 29
reasonably required by the board to decide the application. 30
s 24 20 s 25
Professional Engineers Bill 2002
24 Deciding application 1
(1) The board must consider an accepted application and either restore or 2
refuse to restore the registration as soon as practicable after the last of the 3
following events to happen-- 4
(a) the board receives the application; 5
(b) the board receives all necessary information to decide the 6
application. 7
(2) In deciding the application, the board must have regard to-- 8
(a) whether the board considers the applicant is fit to practise as a 9
registered professional engineer; and 10
(b) the extent, if any, to which the applicant has satisfied the 11
continuing competency requirements. 12
(3) In considering whether an applicant is fit to practise as a registered 13
professional engineer, the board may have regard to the same matters to 14
which the board may have regard in deciding whether an applicant for 15
registration is fit to practise as a registered professional engineer. 16
(4) In considering whether an applicant has satisfied the continuing 17
competency requirements, the board must have regard to the assessment of 18
an assessment entity, given to the board by the applicant, about whether the 19
applicant has satisfied the requirements. 20
(5) In this section-- 21
"accepted application" means an application made under section 23(1) or 22
an application the board accepts under section 23(3). 23
25 Restoration of registration 24
(1) If the board decides to restore the applicant's registration, the board 25
must as soon as practicable give the applicant a new certificate of 26
registration. 27
(2) The registration remains in force for the period-- 28
(a) commencing on the day when the board makes the decision; and 29
(b) ending on the last day of the registration period in which the 30
decision is made. 31
s 26 21 s 27
Professional Engineers Bill 2002
26 Refusal to restore registration 1
If the board decides to refuse to restore the registration, it must as soon 2
as practicable-- 3
(a) give the applicant an information notice for the decision; and 4
(b) refund the annual registration fee that accompanied the 5
application. 6
Division 5--Lapsing of applications 7
27 Lapsing of application 8
(1) This section applies if an application for registration, or renewal or 9
restoration of registration, is made under this part. 10
(2) The board may make a requirement under section 8(4), 18(6) or 11
23(5) for information to decide the application by giving the applicant a 12
notice stating-- 13
(a) the required information; and 14
(b) the time by which the information must be given to the board; 15
and 16
(c) that, if the information is not given to the board by the stated 17
time, the application will lapse. 18
(3) The stated time must be reasonable and, in any case, at least 21 days 19
after the requirement is made. 20
(4) The board may give the applicant a further notice extending or 21
further extending the time if the board is satisfied it would be reasonable in 22
all the circumstances to give the extension. 23
(5) A notice may be given under subsection (4) even if the time to which 24
it relates has lapsed. 25
(6) If the applicant does not comply with the requirement within the 26
stated time, or any extension, the application lapses. 27
(7) If an application lapses under subsection (6), the board must, as soon 28
as practicable after it lapses, refund the fees that accompanied the 29
application less a reasonable amount, if any, prescribed under a regulation 30
for processing the application. 31
s 28 22 s 29
Professional Engineers Bill 2002
Division 6--Cancellation of registrations 1
28 Grounds for cancellation 2
The board may cancel a registered professional engineer's registration 3
if-- 4
(a) the board believes on reasonable grounds the registered 5
professional engineer was registered because of a materially false 6
or misleading representation or document; or 7
(b) the registered professional engineer is affected by bankruptcy 8
action; or 9
(c) the registered professional engineer is an executive officer of a 10
corporation affected by control action after the commencement 11
of this section. 12
29 Procedure for cancellation 13
(1) If the board proposes to cancel a registered professional engineer's 14
registration, the board must give the engineer a notice stating the 15
following-- 16
(a) the board proposes to cancel the registration; 17
(b) the grounds for the proposed cancellation; 18
(c) the facts and circumstances that are the basis for the grounds; 19
(d) that the engineer may make, within a stated period, written 20
representations to show why the registration should not be 21
cancelled. 22
(2) The stated period must end at least 21 days after the engineer is given 23
the notice. 24
(3) If, after considering all written representations made within the stated 25
period, the board still believes a ground exists to cancel the engineer's 26
registration, the board may cancel the registration. 27
(4) The board must, as soon as practicable after making a decision under 28
subsection (3), give the engineer an information notice for the decision. 29
(5) The decision takes effect on-- 30
s 30 23 s 32
Professional Engineers Bill 2002
(a) the day the notice is given; or 1
(b) if a later day is stated in the notice--the stated day. 2
Division 7--Offences about registration 3
30 False or misleading statement 4
A person, in relation to an application under this part, must not state 5
anything to the board the person knows is false or misleading in a material 6
particular. 7
Maximum penalty--50 penalty units. 8
31 False or misleading document 9
(1) A person, in relation to an application under this part, must not give 10
the board a document containing information the person knows is false or 11
misleading in a material particular. 12
Maximum penalty--50 penalty units. 13
(2) Subsection (1) does not apply to a person if the person, when giving 14
the document-- 15
(a) tells the board, to the best of the person's ability, how the 16
information in the document is false or misleading; and 17
(b) if the person has, or can reasonably obtain, the correct 18
information--gives the correct information. 19
32 Notification about particular matters 20
A registered professional engineer must, within 21 days after changing 21
his or her name or contact details, advise the board about the change unless 22
the engineer has a reasonable excuse. 23
Maximum penalty--10 penalty units. 24
s 33 24 s 35
Professional Engineers Bill 2002
Division 8--Miscellaneous 1
33 Surrender of registration 2
(1) A registered professional engineer may, by notice given to the board, 3
surrender the engineer's registration. 4
(2) The surrender takes effect on the later of the following-- 5
(a) the end of 7 days after the day the notice is given; 6
(b) a day stated in the notice for the surrender. 7
34 Form of certificate of registration 8
(1) A certificate of registration given under this part must be in the 9
approved form. 10
(2) The approved form must provide for the inclusion of-- 11
(a) the registered professional engineer's name; and 12
(b) the area of engineering for which the engineer is registered; and 13
(c) the period of registration. 14
35 Refund of fees--withdrawal of application 15
(1) This section applies if an applicant withdraws an application made 16
under this part before the application is decided. 17
(2) The board must, as soon as practicable after the application is 18
withdrawn-- 19
(a) for an application for registration--refund the fees that 20
accompanied the application less a reasonable amount, if any, 21
prescribed under a regulation for processing the application; or 22
(b) for an application for renewal or restoration of 23
registration--refund the annual registration fee that accompanied 24
the application. 25
s 36 25 s 37
Professional Engineers Bill 2002
PART 3--COMPLAINTS AND INVESTIGATIONS 1
Division 1--Grounds for disciplining registered professional engineers 2
36 Grounds for disciplining a registered professional engineer 3
Each of the following is a ground (a "disciplinary ground") for 4
disciplining a registered professional engineer-- 5
(a) the engineer has, whether before or after the commencement of 6
this Act, behaved in a way that constitutes unsatisfactory 7
professional conduct; 8
(b) the engineer has failed to comply with a provision of this Act or 9
the repealed Act; 10
(c) the engineer has been convicted of an offence against an Act of 11
the State, the Commonwealth or another State related to the 12
practice of engineering. 13
Division 2--Complaints 14
37 Complaints about conduct 15
(1) A person who is aggrieved by a registered professional engineer's 16
conduct in carrying out professional engineering services, whether before 17
or after the commencement of this Act, may make a complaint about the 18
conduct to the board. 19
(2) A complaint must be in the approved form. 20
(3) The chairperson must keep available for inspection, at the board's 21
office by members of the public, information about-- 22
(a) the type of conduct the board considers may give rise to a 23
complaint; and 24
(b) how a person may make a complaint. 25
s 38 26 s 41
Professional Engineers Bill 2002
38 Board may require further information or statutory declaration 1
(1) The board may, by notice, ask a complainant to give the board further 2
information about the complaint within the reasonable time stated in the 3
notice. 4
(2) Also, the board may require a complainant to verify the complaint or 5
further information by statutory declaration. 6
39 Rejection of complaint 7
The board may decide to reject a complaint if the board reasonably 8
considers the complaint is frivolous, vexatious or trivial. 9
40 Withdrawal of complaint 10
(1) If a complainant withdraws a complaint, the board need not take any 11
further action about the complaint. 12
(2) However, the withdrawal does not stop the board-- 13
(a) investigating, or continuing to investigate, the matter of the 14
complaint; or 15
(b) authorising an investigator to investigate, or continue to 16
investigate, the matter of the complaint. 17
(3) In deciding whether to act as mentioned in subsection (2), the board 18
must have regard to the main objects of this Act and the grounds for 19
disciplining a registered professional engineer.5 20
Division 3--Investigations 21
41 Investigation of registered professional engineer's conduct 22
(1) This section applies if-- 23
(a) a complaint is made about a registered professional engineer's 24
conduct in carrying out professional engineering services; or 25
(b) the board reasonably believes an aspect of a registered 26
professional engineer's conduct in carrying out professional 27
5 For the grounds for disciplining a registered professional engineer, see section 36.
s 42 27 s 44
Professional Engineers Bill 2002
engineering services may provide a ground for disciplining the 1
engineer. 2
(2) The board may conduct an investigation of the registered 3
professional engineer's conduct or authorise, in writing, an investigator to 4
conduct the investigation. 5
(3) To help the board decide whether to act under subsection (2), the 6
board may give the registered professional engineer a notice stating he or 7
she may make a submission to the board about the complaint or ground for 8
disciplining the registered professional engineer within the reasonable time 9
stated in the notice. 10
42 Investigation of compliance with Act 11
(1) If the board reasonably suspects a person has committed an offence 12
against this Act, the board may-- 13
(a) investigate the suspected offence; or 14
(b) authorise, in writing, an investigator to conduct the investigation. 15
(2) For helping the board decide whether to act under subsection (1), the 16
board may give the person a notice stating the person may make a 17
submission to the board about the matter the subject of the suspected 18
offence within the reasonable time stated in the notice. 19
43 Investigation to be conducted as quickly as possible 20
The board, or an investigator it authorises to conduct an investigation, 21
must conduct the investigation as quickly as possible having regard to the 22
nature of the matter being investigated. 23
44 Notice of investigation 24
(1) As soon as practicable after deciding to conduct, or authorising an 25
investigator to conduct, an investigation in relation to a person, the board 26
must give the person notice of the investigation. 27
(2) The notice must state each of the following-- 28
(a) whether the investigation is being conducted by the board or an 29
investigator; 30
s 45 28 s 45
Professional Engineers Bill 2002
(b) if an investigator is conducting the investigation--the 1
investigator's name; 2
(c) if the investigation relates to a complaint--the nature of the 3
complaint; 4
(d) if the board or an investigator is conducting the investigation on 5
the board's own initiative under section 41(1)(b) or 42--the 6
grounds that are the basis for the investigation; 7
(e) that the person may make, during the course of the investigation, 8
a submission to the board or investigator about the complaint or 9
other grounds for the investigation, and how a submission may 10
be made. 11
(3) However, the board need not give the person the notice if the board 12
reasonably believes that giving the notice may-- 13
(a) seriously prejudice the investigation; or 14
(b) place the complainant or another person at risk of harassment or 15
intimidation. 16
(4) A submission under subsection (2)(e) must be made to-- 17
(a) if an investigator is conducting the investigation--the 18
investigator; or 19
(b) otherwise--the board. 20
45 Board may engage persons to help investigation 21
(1) The board may engage a person to help the board or investigator in 22
conducting an investigation if the board is satisfied the person is 23
sufficiently qualified or experienced to help the board or investigator about 24
the matter the subject of the investigation. 25
(2) Without limiting subsection (1), the board may engage the person to 26
give the board or investigator a written report about the matter the subject 27
of the investigation. 28
s 46 29 s 49
Professional Engineers Bill 2002
Division 4--Investigators 1
46 Function of investigator 2
An investigator has the function of conducting the investigation the 3
investigator is authorised to conduct by the board. 4
47 Powers of investigator 5
To conduct the investigation, an investigator has the powers given to the 6
investigator under this Act. 7
Division 5--Appointment of investigators and other matters 8
48 Appointment and qualifications 9
(1) The board may appoint a person as an investigator. 10
(2) The person must be an individual who is not a board member. 11
(3) However, the board may appoint a person as an investigator only if 12
the board is satisfied the person has the necessary expertise or experience. 13
49 Appointment conditions and limit on powers 14
(1) An investigator holds office on any conditions stated in-- 15
(a) the investigator's instrument of appointment; or 16
(b) a signed notice given to the investigator; or 17
(c) a regulation. 18
(2) The instrument of appointment, a signed notice given to the 19
investigator or a regulation may limit the investigator's powers under this 20
Act. 21
(3) In this section-- 22
"signed notice" means a notice signed by the chairperson or deputy 23
chairperson. 24
s 50 30 s 52
Professional Engineers Bill 2002
50 Issue of identity card 1
(1) The board must issue an identity card to each investigator appointed 2
by it. 3
(2) The identity card must-- 4
(a) contain a recent photograph of the investigator; and 5
(b) contain a copy of the investigator's signature; and 6
(c) identify the person as an investigator under this Act; and 7
(d) state an expiry date for the card. 8
51 Production or display of identity card 9
(1) In exercising a power under this Act in relation to a person, an 10
investigator must-- 11
(a) produce the investigator's identity card for the person's 12
inspection before exercising the power; or 13
(b) have the identity card displayed so it is clearly visible to the 14
person when exercising the power. 15
(2) However, if it is not practicable to comply with subsection (1), the 16
investigator must produce the identity card for the person's inspection at 17
the first reasonable opportunity. 18
52 When investigator ceases to hold office 19
(1) An investigator ceases to hold office if any of the following 20
happens-- 21
(a) the term of office stated in a condition of office ends; 22
(b) under another condition of office, the investigator ceases to hold 23
office; 24
(c) the investigator's resignation under section 53 takes effect. 25
(2) Subsection (1) does not limit the ways an investigator may cease to 26
hold office. 27
(3) In this section-- 28
"condition of office" means a condition on which the investigator holds 29
office. 30
s 53 31 s 56
Professional Engineers Bill 2002
53 Resignation 1
An investigator may resign by signed notice given to the board. 2
54 Failure to return identity card 3
An individual who ceases to be an investigator must return the 4
individual's identity card to the board within 21 days after ceasing to be an 5
investigator, unless the individual has a reasonable excuse. 6
Maximum penalty--10 penalty units. 7
Division 6--Powers of board and investigators 8
55 Power to require information or attendance 9
For an investigation, the board or an investigator may, by notice given to 10
a person, require the person-- 11
(a) to give stated information to the board or investigator within a 12
stated reasonable time and in a stated reasonable way; or 13
(b) to attend before the board or investigator at a stated reasonable 14
time and place-- 15
(i) to answer questions; or 16
(ii) to produce a stated document. 17
18
Examples of a document--
19
Engineering plans or drawings, or a document containing
20
engineering calculations.
56 Offences 21
(1) A person required to give information to the board or an investigator 22
under section 55 must comply with the requirement unless the person has a 23
reasonable excuse. 24
Maximum penalty--50 penalty units. 25
(2) A person given a notice under section 55 must not fail, without 26
reasonable excuse-- 27
(a) to attend as required by the notice; or 28
s 57 32 s 59
Professional Engineers Bill 2002
(b) to continue to attend as required by the board or investigator until 1
excused from further attendance; or 2
(c) to answer a question the person is required to answer by the 3
board or investigator; or 4
(d) to produce a document the person is required to produce by the 5
notice. 6
Maximum penalty--50 penalty units. 7
(3) It is a reasonable excuse for a person not to give the information, 8
answer the question or produce the document, if giving the information, 9
answering the question or producing the document might tend to 10
incriminate the person. 11
57 Inspection and copying of produced documents 12
(1) If a document is produced to the board or an investigator, whether 13
under a notice under section 55 or otherwise, the board or investigator may 14
inspect it. 15
(2) Also, the board or investigator may make a copy of, or take an extract 16
from, the document if the board or investigator reasonably considers the 17
document may be relevant to the investigation being conducted by the 18
board or investigator. 19
Division 7--Seizure of documents 20
58 Seizing document as evidence 21
The board or investigator may seize a document mentioned in 22
section 57(1) if the board or investigator reasonably believes the document 23
is evidence that is relevant to the investigation being conducted by the 24
board or investigator. 25
59 Receipt for seized document 26
(1) As soon as practicable after the board or investigator seizes a 27
document, the board or investigator must give a receipt for it to the person 28
from whom it was seized. 29
(2) The receipt must describe generally each document seized and its 30
condition. 31
s 60 33 s 63
Professional Engineers Bill 2002
60 Investigator to give seized document to board 1
If an investigator seizes a document under section 58, the investigator 2
must give the document to the board when the investigator gives the board 3
a report about the investigation under section 71(1). 4
61 Access to seized document 5
(1) Until a seized document is returned, the board or investigator must 6
allow its owner to inspect or copy it. 7
(2) Subsection (1) does not apply if it would be unreasonable to allow 8
the inspection or copying. 9
62 Return of seized document 10
(1) The board must return a document seized as evidence, whether by the 11
board or an investigator, to its owner-- 12
(a) at the end of 6 months; or 13
(b) if proceedings involving the document are started within 14
6 months--at the end of the proceedings and any appeal from the 15
proceedings. 16
(2) Despite subsection (1), the board must immediately return the 17
document to its owner if the board stops being satisfied its continued 18
retention as evidence is necessary. 19
Division 8--Notice of damage and compensation 20
63 Notice of damage 21
(1) This section applies if the board or an investigator damages property 22
when exercising or purporting to exercise a power under division 6 or 7. 23
(2) The board or investigator must immediately give notice of the 24
damage to the person who appears to the board or investigator to be the 25
owner of the property. 26
(3) The notice must state-- 27
(a) the particulars of the damage; and 28
s 64 34 s 65
Professional Engineers Bill 2002
(b) that the person who suffered the damage may be entitled to claim 1
compensation under section 64. 2
(4) If the board or investigator believes the damage was caused by a 3
latent defect in the property or circumstances beyond the board's or 4
investigator's control, the board or investigator may state the belief in the 5
notice. 6
(5) This section does not apply to damage the board or investigator 7
reasonably believes is trivial. 8
(6) In subsection (2)-- 9
"owner", of property, includes the person in possession or control of it. 10
64 Compensation 11
(1) This section applies if a person incurs loss or damage because of the 12
exercise or purported exercise of a power under division 6 or 7. 13
(2) The person is entitled to be paid the reasonable compensation 14
because of the loss or damage agreed between the board and the person, or 15
failing agreement, decided by a court. 16
(3) Compensation may be claimed and ordered to be paid in a 17
proceeding-- 18
(a) brought in a court with jurisdiction for the recovery of the 19
amount of compensation claimed; or 20
(b) for an offence against this Act brought against the person 21
claiming compensation. 22
(4) A court may order compensation to be paid only if it is satisfied it is 23
fair to make the order in the circumstances of the particular case. 24
Division 9--Offences about investigations 25
65 False or misleading statements 26
A person must not, in relation to an investigation under this part, state 27
anything to the board or an investigator that the person knows is false or 28
misleading in a material particular. 29
Maximum penalty--50 penalty units. 30
s 66 35 s 68
Professional Engineers Bill 2002
66 False or misleading documents 1
(1) A person must not, in relation to an investigation under this part, give 2
the board or an investigator a document containing information that the 3
person knows is false or misleading in a material particular. 4
Maximum penalty--50 penalty units. 5
(2) Subsection (1) does not apply to a person who, when giving the 6
document-- 7
(a) informs the board or investigator, to the best of the person's 8
ability, how it is false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information--gives the correct information to the board or 11
investigator. 12
67 Obstructing board or investigators 13
(1) A person must not obstruct the board in its exercise of a power in the 14
conduct of an investigation, or an investigator in the exercise of a power, 15
unless the person has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(2) If a person has obstructed the board or an investigator as mentioned 18
in subsection (1) and the board or investigator decides to proceed with the 19
exercise of the power, the board or investigator must warn the person 20
that-- 21
(a) it is an offence to obstruct the board or an investigator, unless the 22
person has a reasonable excuse; and 23
(b) the board or investigator considers the person's conduct is an 24
obstruction. 25
(3) In this section-- 26
"obstruct" includes hinder and attempt to obstruct or hinder. 27
68 Impersonation of investigators 28
A person must not pretend to be an investigator. 29
Maximum penalty--100 penalty units. 30
s 69 36 s 72
Professional Engineers Bill 2002
PART 4--REPORTS AND BOARD'S DECISIONS ABOUT 1
INVESTIGATIONS 2
69 Board's report about investigation 3
(1) The board must, as soon as practicable after completing an 4
investigation, prepare a written report about the investigation. 5
(2) The report must include the board's findings about the investigation, 6
including, if the investigation was the result of a complaint, the board's 7
findings about the complaint. 8
70 Report about investigation being conducted 9
An investigator must, if asked by the board, give the board an interim 10
report about the conduct of an investigation being conducted by the 11
investigator. 12
71 Investigator's report about investigation 13
(1) An investigator must, as soon as practicable after the investigator 14
considers an investigation being conducted by the investigator is 15
completed, give the board a written report about the investigation. 16
(2) If the investigation was the result of a complaint, the report must 17
include the investigator's findings about the complaint. 18
(3) If the board considers the report does not include enough information 19
to enable the board to make a decision under section 73(2) or 75(2), the 20
board may, by notice, ask the investigator to give the board a further report 21
about the investigation. 22
(4) The investigator must, as soon as practicable, comply with a request 23
under subsection (3). 24
72 Board may report to Minister 25
The Board may, at any time, give the Minister a report about an 26
investigation conducted by the board or an investigator. 27
s 73 37 s 73
Professional Engineers Bill 2002
73 Board's decision on investigation about registered professional 1
engineer 2
(1) This section applies if the board-- 3
(a) prepares a report under section 69(1) about a registered 4
professional engineer; or 5
(b) receives a report under section 71(1) about a registered 6
professional engineer and does not request a further report about 7
the engineer under section 71(3); or 8
(c) receives a further report under section 71(3) about a registered 9
professional engineer. 10
(2) As soon as practicable after preparing the report, or receiving the 11
report or further report, the board must decide to do 1 of the following-- 12
(a) start a disciplinary proceeding against the registered professional 13
engineer;6 14
(b) enter into an undertaking agreed with the registered professional 15
engineer, about the engineer's conduct in carrying out 16
professional engineering services; 17
(c) caution or reprimand the registered professional engineer; 18
(d) take no further action about the matter the subject of the 19
investigation. 20
(3) In acting under subsection (2), the board must have regard to the 21
main objects of this Act and the disciplinary grounds. 22
(4) Also, regardless of what the board decides under subsection (2)(a), 23
(b) or (c), the board may start proceedings to prosecute the registered 24
professional engineer for an offence. 25
(5) A decision to take action as mentioned in subsection (2)(b), (c) or (d) 26
does not prevent the board taking the matter the subject of the investigation 27
into consideration at a later time as part of a pattern of conduct or practice 28
that may result in starting a disciplinary proceeding against the registered 29
professional engineer. 30
6 For how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary
proceedings).
s 74 38 s 75
Professional Engineers Bill 2002
74 Notice of result of investigation about registered professional 1
engineer 2
(1) As soon as practicable after making a decision under section 73(2) or 3
(4) about a registered professional engineer, the board must give notice of 4
the decision to-- 5
(a) the registered professional engineer; and 6
(b) if the investigation was the result of a complaint--the 7
complainant. 8
(2) If the board decides, under section 73(2)(c), to caution or reprimand 9
the registered professional engineer, the board must give the engineer an 10
information notice for the decision. 11
(3) If the board decides, under section 73(2)(d), to take no further action 12
about the matter the subject of an investigation started because of a 13
complaint, the board must give the complainant an information notice for 14
the decision. 15
75 Board's decision about other investigations 16
(1) This section applies if the board-- 17
(a) prepares a report under section 69(1) about a person other than a 18
registered professional engineer; or 19
(b) receives a report under section 71(1) about a person other than a 20
registered professional engineer and does not request a further 21
report about the person under section 71(3); or 22
(c) receives a further report under section 71(3) about a person other 23
than a registered professional engineer. 24
(2) As soon as practicable after preparing the report, or receiving the 25
report or further report, the board must decide to do 1 of the following-- 26
(a) start proceedings to prosecute the person for an offence; 27
(b) enter into an undertaking agreed with the person about the 28
person's conduct; 29
(c) caution or reprimand the person; 30
(d) take no further action about the matter the subject of the 31
investigation. 32
s 76 39 s 79
Professional Engineers Bill 2002
(3) As soon as practicable after making the decision, the board must give 1
notice of the decision to the person. 2
(4) If the board decides, under subsection (2)(c), to caution or reprimand 3
the person, the board must give the person an information notice for the 4
decision. 5
76 Board to take action as soon as practicable 6
As soon as practicable after deciding to take action under 7
section 73(2)(a) to (c), or (4), or section 75(2)(a) to (c), the board must take 8
the action. 9
PART 5--BOARD OF PROFESSIONAL ENGINEERS OF 10
QUEENSLAND 11
Division 1--Establishment 12
77 Establishment of board 13
(1) The Board of Professional Engineers of Queensland is established. 14
(2) The board-- 15
(a) is a body corporate; and 16
(b) has perpetual succession; and 17
(c) has a common seal; and 18
(d) may sue and be sued in its corporate name. 19
78 Board's relationship with the State 20
The board does not represent the State. 21
79 Board's independence etc. 22
In performing its functions, the board is to act independently, impartially 23
and in the public interest. 24
s 80 40 s 81
Professional Engineers Bill 2002
Division 2--Functions and powers 1
80 Functions of board 2
(1) The functions of the board are as follows-- 3
(a) to assess applications made to it under this Act; 4
(b) to register persons who are eligible for registration and issue 5
certificates of registration; 6
(c) to conduct, or authorise, investigations about the professional 7
conduct of registered professional engineers and contraventions 8
of this Act; 9
(d) to keep the register; 10
(e) to advise the Minister about-- 11
(i) eligibility requirements for persons applying for 12
registration, or renewal or restoration of registration; and 13
(ii) the suitability of entities to be assessment entities; and 14
(iii) the operation of this Act in its application to the practice of 15
engineering; 16
(f) to review the eligibility requirements mentioned in 17
paragraph (e)(i); 18
(g) to perform other functions given to the board under this or 19
another Act; 20
(h) to perform a function incidental to a function mentioned in 21
paragraphs (a) to (g). 22
(2) The board must, at least once every 2 years, review the eligibility 23
requirements mentioned in subsection (1)(e)(i) and the suitability of 24
entities to continue as assessment entities. 25
81 Powers of board 26
(1) The board has all the powers of an individual, and may, for example, 27
do all or any of the following-- 28
(a) enter into contracts; 29
(b) acquire, hold, deal with and dispose of, property; 30
(c) appoint and act through agents and attorneys; 31
s 82 41 s 82
Professional Engineers Bill 2002
(d) employ staff and engage consultants; 1
(e) do anything else necessary or convenient to be done for the 2
performance of its functions. 3
(2) Without limiting subsection (1), the board has the other powers given 4
to it under this Act. 5
Division 3--Membership 6
82 Membership of board 7
(1) The board consists of 7 members appointed by the Governor in 8
Council. 9
(2) The board must include-- 10
(a) 1 person who-- 11
(i) is the academic head or an academic representative of a 12
school of engineering prescribed under a regulation; and 13
(ii) is a registered professional engineer, or as an applicant 14
would be eligible for registration; and 15
(b) 1 person who-- 16
(i) is a representative of the Queensland Division of the 17
Institution of Engineers (Australia) (the "institution"); and 18
(ii) is a registered professional engineer, or as an applicant 19
would be eligible for registration; and 20
(c) 1 registered professional engineer elected under this Act; and 21
(d) 1 registered professional engineer who lives, and undertakes 22
professional engineering services predominantly, in regional 23
Queensland; and 24
(e) 1 lawyer, of at least 10 years standing, with experience in the law 25
relating to building and construction; and 26
(f) 1 person who has at least 10 years experience as a construction 27
contractor in the building and construction industry; and 28
(g) 1 person who is not a registered professional engineer. 29
(3) The members mentioned in subsection (2)(a), (b) and (d) to (g) are to 30
be nominated by the Minister. 31
s 83 42 s 84
Professional Engineers Bill 2002
(4) If a registered professional engineer is not elected under 1
subsection (2)(c), the Minister may nominate a registered professional 2
engineer for appointment to the board. 3
(5) A registered professional engineer nominated under subsection (4) is 4
taken to be elected under subsection (2)(c). 5
(6) The Minister must nominate a person for appointment under 6
subsection (2)(g) who the Minister reasonably believes will represent 7
community interests. 8
83 Chairperson and deputy chairperson 9
(1) The chairperson of the board is the member appointed by the 10
Governor in Council as the chairperson. 11
(2) The deputy chairperson of the board is the member appointed by the 12
Governor in Council as the deputy chairperson. 13
(3) A person may be appointed as the chairperson or deputy chairperson 14
at the same time the person is appointed as a member. 15
(4) The chairperson or deputy chairperson holds office for the term 16
decided by the Governor in Council, unless the person's term of office as a 17
member ends sooner than the person's term of office as chairperson or 18
deputy chairperson. 19
(5) A vacancy occurs in the office of chairperson or deputy chairperson 20
if the person holding the office resigns the office by signed notice of 21
resignation given to the Minister or stops being a member. 22
(6) However, a person resigning the office of chairperson or deputy 23
chairperson may continue to be a member. 24
(7) The deputy chairperson is to act as chairperson-- 25
(a) during a vacancy in the office of chairperson; and 26
(b) during all periods when the chairperson is absent from duty or 27
for another reason can not perform the functions of the office. 28
84 Duration of appointment 29
(1) A member is to be appointed for the term, of not more than 3 years, 30
stated in the member's instrument of appointment. 31
s 85 43 s 86
Professional Engineers Bill 2002
(2) However, if at the end of a member's term of appointment a person 1
has not been appointed to replace the member, the member's term does not 2
end until the first of the following events to happen-- 3
(a) the end of 3 months after the member's term would, apart from 4
this subsection, have ended; 5
(b) the member is reappointed; 6
(c) if the member is not reappointed--another person has been 7
appointed to replace the member. 8
85 Conditions of appointment 9
(1) A member holds office-- 10
(a) on a part-time basis; and 11
(b) on terms, not otherwise provided for in this Act, that are decided 12
by the Governor in Council. 13
(2) A member is entitled to be paid the remuneration and allowances 14
decided by the Governor in Council. 15
86 Termination of appointment 16
(1) The Governor in Council may remove a member from office if-- 17
(a) the member is absent from 3 consecutive meetings of the board 18
without the board's permission and without reasonable excuse; or 19
(b) the Minister is satisfied the member-- 20
(i) is incapable of performing the duties of a member because 21
of physical or mental incapacity, or otherwise fails to 22
perform the member's duties; or 23
(ii) is performing the member's duties carelessly, incompetently 24
or inefficiently; or 25
(iii) is affected by bankruptcy action; or 26
(iv) is an executive officer of a corporation affected by control 27
action after the commencement of this section; or 28
(v) has a conviction, other than a spent conviction, for an 29
indictable offence or an offence against this Act; or 30
s 87 44 s 88
Professional Engineers Bill 2002
(vi) commits misconduct of a kind that could justify dismissal 1
from the public service if the member were a public service 2
officer. 3
(2) In this section-- 4
"meeting" means the following-- 5
(a) if the member does not attend--a meeting with a quorum 6
present; 7
(b) if the member attends--a meeting with or without a quorum 8
present. 9
87 Vacation of office 10
(1) The office of a member becomes vacant if the member-- 11
(a) dies; or 12
(b) resigns office by written notice given to the Minister; or 13
(c) is removed from office under section 86. 14
(2) Also, the office of a member becomes vacant if the member ceases to 15
hold the office or qualification, if any, mentioned in section 82(2) for the 16
member. 17
88 Leave of absence for a member 18
(1) The Minister may approve a leave of absence for a member (the 19
"absent member") of not more than 9 months. 20
(2) The Minister may appoint another person to act in the office of the 21
absent member while the member is absent on the leave. 22
(3) A person appointed under subsection (2), must be-- 23
(a) if the absent member is a person mentioned in section 82(2)(a), 24
(b), (e), (f) or (g)--a person who belongs to the same category of 25
persons, mentioned in the section, to which the absent member 26
belongs; or 27
(b) if the absent member is a person mentioned in section 82(2)(c) or 28
(d)--a registered professional engineer. 29
s 89 45 s 91
Professional Engineers Bill 2002
(4) The Minister's power to appoint a person to act in the office of an 1
absent member does not limit the Governor in Council's powers under the 2
Acts Interpretation Act 1954, section 25(1)(b)(v).7 3
89 Effect of vacancy in membership of board 4
(1) The performance of a function, or exercise of a power, by the board is 5
not affected merely because of a vacancy in the membership of the board. 6
(2) Subsection (1) applies despite section 82(1). 7
90 Report about person's criminal history 8
(1) To help decide whether a person is a suitable person to be nominated 9
as a member under section 82(5) or appointed to act in the office of a 10
member under section 88(2), the chief executive may ask the commissioner 11
of the police service for a written report about the person's criminal history. 12
(2) However, the chief executive may make a request about a person 13
under subsection (1) only if the person has given the chief executive written 14
consent for the request. 15
(3) If asked by the chief executive, the commissioner of the police 16
service must give the chief executive a written report about the criminal 17
history of the person. 18
(4) The duty imposed on the commissioner of the police service applies 19
only to information in the commissioner's possession or to which the 20
commissioner has access. 21
(5) The chief executive must destroy a report given to the chief executive 22
under this section as soon as practicable after it is no longer needed for the 23
purpose for which it was requested. 24
Division 4--Business and meetings 25
91 Conduct of business 26
Subject to this division, the board may conduct its business, including its 27
meetings, in the way it considers appropriate. 28
7 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 92 46 s 95
Professional Engineers Bill 2002
92 Times and places of meetings 1
(1) Board meetings must be held at least once in every 2 months at the 2
times and places the chairperson decides. 3
(2) However, the chairperson must call a meeting if asked, in writing, to 4
do so by the Minister or at least 2 members. 5
93 Quorum 6
A quorum for a meeting of the board is 4 members. 7
94 Presiding at meetings 8
(1) The chairperson is to preside at all meetings of the board at which the 9
chairperson is present. 10
(2) If the chairperson is absent from a board meeting, but the deputy 11
chairperson is present, the deputy chairperson is to preside. 12
(3) If the chairperson and deputy chairperson are both absent from a 13
board meeting-- 14
(a) the member nominated by the chairperson is to preside; or 15
(b) if the chairperson does not nominate a member under 16
paragraph (a)--the member nominated by the deputy 17
chairperson is to preside. 18
(4) If the offices of chairperson and deputy chairperson are vacant, the 19
member chosen by the members present is to preside. 20
95 Conduct of meetings 21
(1) A question at a board meeting is to be decided by a majority of the 22
votes of the members present and voting. 23
(2) Each member present at the meeting has a vote on each question to 24
be decided and, if the votes are equal, the member presiding has a casting 25
vote. 26
(3) A member present at the meeting who abstains from voting is taken 27
to have voted for the negative. 28
(4) The board may hold meetings, or allow members to take part in its 29
meetings, by using any technology that reasonably allows members to hear 30
and take part in discussions as they happen. 31
s 96 47 s 97
Professional Engineers Bill 2002
1
Example of use of technology--
2
Teleconferencing.
(5) A member who takes part in a board meeting under subsection (4) is 3
taken to be present at the meeting. 4
(6) A resolution is validly made by the board, even if it is not passed at a 5
board meeting, if-- 6
(a) a majority of the members gives written agreement to the 7
resolution; and 8
(b) notice of the resolution is given under procedures approved by 9
the board. 10
96 Minutes 11
(1) The board must keep minutes of its meetings. 12
(2) Each of the following must be recorded in the minutes-- 13
(a) a decision made under section 73(2) or 75(2); 14
(b) a resolution made under section 95(6); 15
(c) an authorisation by the board under section 105.8 16
Division 5--Disclosure of interests by board members 17
97 Disclosure of interests 18
(1) This section applies to a board member if-- 19
(a) the member has a direct or indirect interest in an issue being 20
considered, or about to be considered, by the board; and 21
(b) the interest could conflict with the proper performance of the 22
member's duties about the consideration of the issue. 23
(2) As soon as practicable after the relevant facts come to the member's 24
knowledge, the member must disclose the nature of the interest to a 25
meeting of the board. 26
8 Sections 73 (Board's decision on investigation about registered professional
engineer), 75 (Board's decision about other investigations), 95 (Conduct of
meetings) and 105 (Board's common seal)
s 98 48 s 98
Professional Engineers Bill 2002
(3) Unless the board otherwise directs, the member must not-- 1
(a) be present when the board considers the issue; or 2
(b) take part in a decision of the board about the issue. 3
(4) The member must not be present when the board is considering 4
whether to give a direction under subsection (3). 5
(5) If there is another member who must, under subsection (2), also 6
disclose an interest in the issue, the other member must not-- 7
(a) be present when the board is considering whether to give a 8
direction under subsection (3); or 9
(b) take part in making the decision about giving the direction. 10
(6) If-- 11
(a) because of this section, a member is not present at a board 12
meeting for considering or deciding an issue, or for considering 13
or deciding whether to give a direction under subsection (3); and 14
(b) there would be a quorum if the member were present; 15
the remaining members present are a quorum of the board for considering 16
or deciding the issue, or for considering or deciding whether to give the 17
direction, at the meeting. 18
(7) A disclosure under subsection (2) must be recorded in the board's 19
minutes. 20
(8) If the member is a registered professional engineer, the member does 21
not have a direct or indirect interest in an issue if the interest arises merely 22
because the member is a registered professional engineer. 23
Division 6--Directions by Minister and performance agreements 24
98 Ministerial direction 25
(1) The Minister may give the board a written direction about the 26
performance of the board's functions or exercise of its powers if satisfied it 27
is necessary to give the direction in the public interest. 28
(2) Without limiting subsection (1), the direction may be to-- 29
(a) give reports and information; or 30
s 99 49 s 100
Professional Engineers Bill 2002
(b) apply to the board a policy, standard or other instrument applying 1
to a public sector unit. 2
(3) The direction can not be about-- 3
(a) the registering of, or refusal to register, an applicant for 4
registration; or 5
(b) the renewing of, or refusal to renew, a registration; or 6
(c) the restoring of, or refusal to restore, a registration; or 7
(d) the cancelling of a registration. 8
(4) Despite section 79,9 the board must comply with the direction. 9
(5) However, before giving the direction the Minister must consult with 10
the board. 11
(6) The Minister must publish a copy of the direction in the gazette 12
within 21 days after the direction is given. 13
99 Performance agreement 14
(1) The board must enter into an agreement with the Minister (a 15
"performance agreement") within 1 month after the end of each financial 16
year. 17
(2) The performance agreement must identify the board's strategic 18
direction for the current financial year and the 2 following financial years. 19
(3) The agreement may include other matters relevant to the board's 20
functions and agreed to by the Minister and the board. 21
Division 7--Registrar of board 22
100 Appointment and function of registrar 23
(1) There is a registrar of the board. 24
(2) The registrar is to be appointed to the office under the Public Service 25
Act 1996. 26
(3) The registrar is responsible for managing the board's administrative 27
affairs. 28
9 Section 79 (Board's independence etc.)
s 101 50 s 102
Professional Engineers Bill 2002
101 Board to reimburse cost of registrar's services 1
The board must reimburse the public sector unit in which the registrar is 2
employed the reasonable costs of the registrar managing the board's 3
administrative affairs. 4
Division 8--Register 5
102 Keeping register 6
(1) The board must keep a register of persons who are, or have been, 7
registered professional engineers. 8
(2) The register may be kept in the way the board considers appropriate, 9
including, for example, in an electronic form. 10
(3) The register must contain all the following particulars for each 11
person-- 12
(a) the person's name and contact details; 13
(b) details of the person's eligibility for registration as a registered 14
professional engineer; 15
(c) if the tribunal makes an order about the person under 16
section 131(2) or (3) or section 132(2)(b)--details of the order, 17
other than any details identified in the order as details that are not 18
to be included in the register; 19
(d) if the tribunal conducts a disciplinary proceeding in relation to 20
the person because of the person's conviction for an offence 21
against this Act--the fact of the conviction; 22
(e) if the person's registration is cancelled under section 29(3)--the 23
day the registration is cancelled and the reasons for the 24
cancellation; 25
(f) if the person's registration is not renewed under section 20--the 26
reasons for not renewing the registration; 27
(g) if the person's registration is not restored under section 24--the 28
reasons for not restoring the registration; 29
(h) other particulars relevant to the person's registration and 30
prescribed under a regulation. 31
s 103 51 s 103
Professional Engineers Bill 2002
(4) If an order mentioned in subsection (3)(c) states a period in which 1
details of the order may be included in the register, the details may be 2
included in the register only for the stated period. 3
(5) The particulars mentioned in subsection (3)(e) to (g) for a decision of 4
the board to cancel, or refuse to renew or restore, a person's registration 5
must not be included in the register until-- 6
(a) the period in which the person may apply to the tribunal for a 7
review of the decision has ended; or 8
(b) if the person has applied to the tribunal for a review of the 9
decision--the review, and any appeal from the tribunal's decision 10
on the review, has been decided or is otherwise ended. 11
(6) However, if a person applies to the tribunal for a review of a decision 12
of the board to cancel, or refuse to renew or restore the person's 13
registration, the particulars mentioned in subsection (3)(e) to (g) for the 14
decision may only be included in the register if-- 15
(a) the review, and any appeal from the tribunal's decision on the 16
review, is decided or otherwise ended; and 17
(b) the result of the decision on the review and any appeal from the 18
decision, or the ending of the review or appeal, is that the 19
person's registration remains cancelled or may not be renewed or 20
restored. 21
103 Inspection of register 22
(1) The board must-- 23
(a) keep the register open for inspection, free of charge, at the 24
board's office by members of the public during ordinary office 25
hours; and 26
(b) give a person a copy of the register, or a part of it, on payment of 27
the fee prescribed under a regulation. 28
(2) Also, the board may make the register available for inspection on its 29
website. 30
s 104 52 s 107
Professional Engineers Bill 2002
Division 9--Other provisions about the board 1
104 Application of other Acts 2
(1) The board is a statutory body within the meaning of the-- 3
(a) Financial Administration and Audit Act 1977; and 4
(b) Statutory Bodies Financial Arrangements Act 1982. 5
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B, 10
6
sets out the way in which the board's powers under this Act are affected by 7
the Statutory Bodies Financial Arrangements Act 1982. 8
105 Board's common seal 9
The board's common seal must be kept in the custody of a person 10
nominated by the board and may be used only as authorised by the board. 11
106 Board to reimburse tribunal costs 12
(1) The board must reimburse the department the tribunal costs paid by 13
the department to the tribunal department. 14
(2) In this section-- 15
"tribunal costs" means the reasonable costs of the tribunal incurred in 16
conducting-- 17
(a) proceedings for reviews of decisions mentioned in 18
section 122(2); or 19
(b) disciplinary proceedings. 20
"tribunal department" means the department in which the Tribunal Act is 21
administered. 22
107 Matters to be included in annual report 23
The board's annual report under the Financial Administration and Audit 24
Act 1977 for a financial year must include each of the following-- 25
10 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 108 53 s 108
Professional Engineers Bill 2002
(a) a copy of all ministerial directions given to the board under 1
section 98(1) during the year; 2
(b) details about action taken by the board to comply with each 3
direction mentioned in paragraph (a); 4
(c) information about whether the board's activities during the year 5
were consistent with its performance agreement; 6
(d) details about disciplinary proceedings, or proceedings for a 7
contravention of the Act, started by the board; 8
(e) details of the results of reviews, under part 8, division 2, of 9
decisions. 10
PART 6--CODES OF PRACTICE 11
108 Board to make code of practice 12
(1) The board must, within 9 months after the commencement of this 13
part, make a code of practice to provide guidance to registered professional 14
engineers as to appropriate professional conduct or practice. 15
(2) In developing or amending a code of practice, the board must consult 16
with-- 17
(a) professional associations in the State that the board considers 18
represent the interests of registered professional engineers; and 19
(b) universities that-- 20
(i) are established in Queensland; and 21
(ii) are engaged in the education of students in the profession of 22
engineering; and 23
(c) any other entity the Minister directs the board to consult with. 24
(3) A code of practice, or an amendment of a code of practice, has no 25
effect until it is approved under a regulation. 26
(4) The board may make a code of practice by adopting another entity's 27
code of practice with or without changes. 28
(5) The board must review its code of practice at least once every 29
3 years. 30
s 109 54 s 112
Professional Engineers Bill 2002
(6) The board's code of practice is a statutory instrument within the 1
meaning of the Statutory Instruments Act 1992. 2
109 Tabling of code 3
(1) This section applies if, under section 108(3), a code of practice, or 4
amendment of a code of practice, has been approved under a regulation. 5
(2) The Minister must, within 14 sitting days after the regulation is 6
gazetted, table a copy of the code, or amendment or amended code, in the 7
Legislative Assembly. 8
(3) A failure to comply with subsection (2) does not invalidate or 9
otherwise affect the code or the regulation. 10
110 Inspection of code 11
(1) The board must-- 12
(a) keep copies of the code of practice, as in force from time to time, 13
available for inspection, free of charge, at the board's office by 14
members of the public during ordinary office hours; and 15
(b) give a person a copy of the code, or a part of it, on payment of the 16
fee prescribed under a regulation. 17
(2) Also, the board may make the code of practice available for 18
inspection on its website. 19
111 Notice of approval or amendment of code 20
The board must notify registered professional engineers of the approval 21
of a code of practice and any amendment of the code. 22
112 Use of code of practice in disciplinary proceeding 23
(1) An approved code of practice is admissible as evidence in a 24
disciplinary proceeding brought by the board against a registered 25
professional engineer. 26
(2) The code may only be used to provide evidence, in the disciplinary 27
proceeding, of appropriate professional conduct or practice for a registered 28
professional engineer. 29
s 113 55 s 115
Professional Engineers Bill 2002
PART 7--OTHER OFFENCE PROVISIONS 1
113 Claims about being a registered professional engineer 2
(1) A person who is not a registered professional engineer must not-- 3
(a) claim, or hold himself or herself out, to be a registered 4
professional engineer; or 5
(b) allow himself or herself to be held out as a registered 6
professional engineer. 7
Maximum penalty--1 000 penalty units. 8
(2) A person must not hold out another person as a registered 9
professional engineer if the person knows or ought reasonably to know the 10
other person is not a registered professional engineer. 11
Maximum penalty--1 000 penalty units. 12
114 Using titles or names 13
A person who is not a registered professional engineer must not use-- 14
(a) the titles `registered professional engineer', `registered 15
professional engineer of Queensland' or `RPEQ'; or 16
(b) another title or name, prescribed under a regulation, that in the 17
context in which the title or name is used suggests that the person 18
is a registered professional engineer. 19
Maximum penalty--1 000 penalty units. 20
115 Who may carry out professional engineering services 21
(1) A person who is not a registered professional engineer must not carry 22
out professional engineering services. 23
Maximum penalty--1 000 penalty units. 24
(2) However, a person does not commit an offence under subsection (1) 25
if the person carries out the professional engineering services under the 26
supervision of a registered professional engineer. 27
(3) A person who is a registered professional engineer must not carry out 28
professional engineering services in an area of engineering other than an 29
area of engineering for which the person is registered under this Act. 30
s 116 56 s 117
Professional Engineers Bill 2002
Maximum penalty--1 000 penalty units. 1
(4) However, a person does not commit an offence under subsection (3) 2
if the person carries out the professional engineering services under the 3
supervision of a registered professional engineer who is registered in the 4
area of engineering. 5
116 Claims about provision of professional engineering services 6
(1) This section applies if a person claims, or holds out, that the person 7
provides professional engineering services in an area of engineering at a 8
place using a registered professional engineer. 9
(2) If the person provides the services, the person must ensure a 10
registered professional engineer for the area of engineering-- 11
(a) is at the place to provide the services; and 12
(b) carries out, or is responsible for the carrying out of, the services. 13
Maximum penalty--1 000 penalty units. 14
(3) In this section-- 15
"place" does not include a place at which a person provides professional 16
engineering services for a single construction site. 17
18
Example of a place--
19
A site office for a construction project.
117 Providing information about registered professional engineers 20
(1) This section applies to a person who claims, or holds out, that the 21
person will provide professional engineering services to someone (the 22
"other person") using a registered professional engineer. 23
(2) The person must inform the other person of the name and contact 24
details of the registered professional engineer responsible for the carrying 25
out of the services. 26
Maximum penalty--300 penalty units. 27
(3) If the person informs another person of the name and contact details 28
of the registered professional engineer, the person also must inform the 29
other person of the name and contact details of any other registered 30
s 118 57 s 120
Professional Engineers Bill 2002
professional engineer who becomes responsible for the carrying out of the 1
services. 2
Maximum penalty--300 penalty units. 3
118 Information on correspondence about professional engineering 4
services 5
(1) This section applies to a person who provides, or intends to provide, 6
professional engineering services to someone (the "other person") using a 7
registered professional engineer. 8
(2) The person must ensure the name and contact details of the registered 9
professional engineer who is, or will be, responsible for the carrying out of 10
the services are stated on all correspondence about the services from the 11
person to the other person. 12
Maximum penalty--300 penalty units. 13
119 Information for advertisements 14
A person must not advertise that the person provides professional 15
engineering services using a registered professional engineer unless the 16
name and contact details of the registered professional engineer responsible 17
for the carrying out of the services are stated in the advertisement. 18
Maximum penalty--300 penalty units. 19
PART 8--REVIEWS AND DISCIPLINARY 20
PROCEEDINGS 21
Division 1--Preliminary 22
120 Application of Tribunal Act 23
Subject to this part, the Tribunal Act applies to a review or disciplinary 24
proceeding under the part to the extent that the Tribunal Act is capable of 25
applying. 26
s 121 58 s 122
Professional Engineers Bill 2002
121 Representation at proceeding 1
(1) In a proceeding before the tribunal-- 2
(a) the board may only be represented by a person who is not a 3
lawyer; and 4
(b) an individual must represent himself or herself. 5
(2) However, the board may be represented by a lawyer, and an 6
individual may be represented by a lawyer or other person, if-- 7
(a) all parties to the proceeding agree; or 8
(b) the proceeding is a disciplinary proceeding; or 9
(c) the tribunal considers it appropriate in the interests of justice to 10
allow the representation, having regard to all or any of the 11
following-- 12
(i) the cost of representation and whether each party can afford 13
to be represented; 14
(ii) the complexity of the legal and factual issues involved; 15
(iii) the potential for lengthening the proceedings if a party is not 16
represented; 17
(iv) the ability of the party to represent himself or herself. 18
(3) Also, at a disciplinary proceeding a person summonsed to attend 19
before the tribunal is entitled to be represented by a lawyer or other person. 20
Division 2--Reviews 21
122 Review of particular decisions 22
(1) The tribunal may, on application by a person mentioned in 23
subsection (2), review the decision of the board stated in the subsection for 24
the person. 25
(2) Each of the following persons may apply to the tribunal to review the 26
decision mentioned for the person-- 27
(a) a person whose application for registration, or renewal or 28
restoration of registration, is refused; 29
s 123 59 s 124
Professional Engineers Bill 2002
(b) a person whose application for renewal or restoration of 1
registration is not accepted by the board under section 18(4) or 2
23(3); 3
(c) a person whose registration is cancelled under section 29(3); 4
(d) a person who, under section 73(2)(c) or 75(2)(c), has been 5
cautioned or reprimanded; 6
(e) a person who makes a complaint if the board decides, under 7
section 73(2)(d), to take no further action about the complaint. 8
(3) The tribunal may confirm, vary or reverse the decision and may make 9
consequential orders and directions. 10
123 Application for review 11
(1) A proceeding for a review is started by a person-- 12
(a) filing, under the Tribunal Act, section 29, an application for the 13
proceeding; and 14
(b) paying the fee prescribed under section 29(1) of that Act; and 15
(c) serving a copy of the application on the board under 16
section 29(4) of that Act.11 17
(2) The application must be made within 28 days after the applicant 18
receives the information notice for the decision the subject of the review. 19
124 Stay of operation of decision 20
(1) The tribunal may make an order staying the operation of-- 21
(a) a decision, under section 20(1), refusing to renew a person's 22
registration; or 23
(b) a decision, under section 29(3), cancelling a person's 24
registration. 25
(2) The stay may be granted on conditions the tribunal considers 26
appropriate and has effect for the period stated by the tribunal. 27
(3) The period of the stay must not extend past the time when the 28
tribunal decides the matter the subject of the review. 29
11 The Tribunal Act, section 29 (Start of proceedings)
s 125 60 s 129
Professional Engineers Bill 2002
125 Effect of review on operation of decision 1
A review of a decision does not affect the operation of the decision 2
unless the tribunal stays the decision. 3
126 Information about review 4
The board must keep available for inspection, at the board's office by 5
members of the public, information about how a person may apply to the 6
tribunal for a review of a decision mentioned in section 122(2). 7
Division 3--Disciplinary proceedings 8
127 Tribunal may conduct disciplinary proceeding 9
The tribunal may, on application by the board, conduct a proceeding 10
(a "disciplinary proceeding") to decide whether a disciplinary ground is 11
established. 12
128 Starting disciplinary proceeding 13
(1) A disciplinary proceeding is started by the board-- 14
(a) filing, under the Tribunal Act, section 29, an application for the 15
proceeding; and 16
(b) paying the fee prescribed under section 29(1) of that Act; and 17
(c) serving a copy of the application on the registered professional 18
engineer under section 29(4) of that Act. 19
(2) The application must be made within 28 days after the board decides, 20
under section 73(2)(a), to start the proceeding. 21
129 Tribunal to have regard to code of practice 22
If the tribunal is making a decision about whether the registered 23
professional engineer has behaved in a way that constitutes unsatisfactory 24
professional conduct or practice, the tribunal must have regard to the 25
approved code of practice. 26
s 130 61 s 131
Professional Engineers Bill 2002
130 Continuation of particular proceeding 1
(1) This section applies if, after a disciplinary proceeding is started 2
against a person, the person ceases to be a registered professional engineer. 3
(2) The proceeding may continue under this part. 4
131 Orders relating to registered professional engineer 5
(1) If the tribunal decides that a disciplinary ground is established, the 6
tribunal may-- 7
(a) make 1 or more of the orders mentioned in subsections (2) to (4); 8
or 9
(b) take no action against the registered professional engineer. 10
(2) The tribunal may order the registered professional engineer to pay a 11
stated amount of not more than the equivalent of 40 penalty units. 12
(3) Also, the tribunal may make an order-- 13
(a) reprimanding the registered professional engineer; or 14
(b) cancelling the registered professional engineer's registration; or 15
(c) disqualifying, indefinitely or for a stated period, the registered 16
professional engineer from obtaining registration as a registered 17
professional engineer. 18
(4) An order for payment of an amount under subsection (2) may direct 19
that, if the registered professional engineer does not pay the amount within 20
the period stated in the order, the registered professional engineer's 21
registration be suspended until the amount is paid. 22
(5) If the registered professional engineer does not pay the amount 23
within the stated period, the registration is suspended until the earlier of the 24
following-- 25
(a) the day the amount is paid; 26
(b) the day the registration expires. 27
(6) The suspension takes effect immediately after the end of the stated 28
period. 29
s 132 62 s 133
Professional Engineers Bill 2002
132 Orders relating to former registered professional engineer 1
(1) This section applies if the tribunal decides that a disciplinary ground 2
is established against a person who-- 3
(a) was a registered professional engineer when the disciplinary 4
proceeding for the person started; and 5
(b) is not registered at the time of the tribunal's decision. 6
(2) The tribunal may decide-- 7
(a) to take no action against the person; or 8
(b) to do 1 or more of the following-- 9
(i) order the person to pay a stated amount of not more than the 10
equivalent of 40 penalty units; 11
(ii) make an order indicating another form of disciplinary action 12
mentioned in section 131(3) would have been taken if the 13
person were registered. 14
(3) If the tribunal indicates under subsection (2)(b)(ii) that if the person 15
were registered it would have cancelled the person's registration, or 16
disqualified the person from obtaining registration for a period, the tribunal 17
must also decide the period during which the person must not be 18
re-registered by the board. 19
(4) A decision under subsection (3) may be that the person must never be 20
re-registered by the board. 21
133 Effect of particular orders 22
(1) An order under section 131(2) or 132(2)(b)(i) must order that the 23
amount be paid to the board. 24
(2) If the tribunal makes an order under section 131(3)(c) about a person, 25
the board must not-- 26
(a) if the disqualification is indefinite--re-register the person; or 27
(b) if the disqualification is for a stated period--re-register the 28
person during the period stated in the order. 29
(3) If the tribunal decides under section 132(3) a period during which a 30
person must not be re-registered by the board, the board must not register 31
the person during the period. 32
s 134 63 s 137
Professional Engineers Bill 2002
134 Recording details of orders 1
If the tribunal makes an order about a person under section 131(2) or (3) 2
or section 132(2)(b), the order may state-- 3
(a) the period in which the details of the order are to be included in 4
the register for the person; and 5
(b) the particular details of the order, if any, that the tribunal decides 6
are not to be included in the register. 7
PART 9--LEGAL PROCEEDINGS 8
Division 1--Evidence 9
135 Application of div 1 10
This division applies to a proceeding for an offence against this Act or a 11
disciplinary proceeding. 12
136 Appointments and authority 13
The following must be presumed unless a party to the proceeding, by 14
reasonable notice, requires proof of it-- 15
(a) the appointment of-- 16
(i) the chairperson or another board member; or 17
(ii) the registrar; or 18
(iii) an investigator; 19
(b) the authority of the board or a person mentioned in paragraph (a) 20
to do anything under this Act. 21
137 Signatures 22
A signature purporting to be the signature of the chairperson, a member 23
or an investigator, is evidence of the signature it purports to be. 24
s 138 64 s 138
Professional Engineers Bill 2002
138 Evidentiary matters 1
A certificate purporting to be signed by the registrar and stating any of 2
the following matters is evidence of the matter-- 3
(a) a stated document is 1 of the following things made, given, 4
issued or kept under this Act-- 5
(i) an appointment; 6
(ii) an order, direction, requirement, notice or decision; 7
(iii) a certificate of registration; 8
(iv) the board's minutes or an extract from the board's minutes; 9
(v) another record or an extract from another record; 10
(vi) the register or an extract from the register; 11
(b) a stated document is an approved code of practice; 12
(c) a stated document is another document kept under this Act; 13
(d) a stated document is a copy of a thing mentioned in 14
paragraph (a), (b) or (c); 15
(e) on a stated day, or during a stated period, a stated person was or 16
was not registered under this Act; 17
(f) on a stated day, a registration was cancelled; 18
(g) on a stated day, or during a stated period, a registration was 19
suspended; 20
(h) on a stated day, or during a stated period, an appointment as an 21
investigator was, or was not, in force for a stated person; 22
(i) on a stated day-- 23
(i) a stated person was given a stated notice or direction under 24
this Act; or 25
(ii) a stated requirement under this Act was made of a stated 26
person; 27
(j) a stated fee or other amount is payable by a stated person to the 28
board and has not been paid. 29
s 139 65 s 141
Professional Engineers Bill 2002
Division 2--Offence proceedings 1
139 Summary proceedings for offences 2
(1) A proceeding for an offence against this Act must be taken in a 3
summary way under the Justices Act 1886. 4
(2) The proceeding must start-- 5
(a) within 1 year after the commission of the offence; or 6
(b) within 6 months after the commission of the offence comes to the 7
complainant's knowledge, but within 2 years after the 8
commission of the offence. 9
140 False or misleading information or statements 10
In a proceeding for an offence against this Act defined as involving false 11
or misleading information, or a false or misleading statement, it is enough 12
for a charge to state that the information or statement was, without 13
specifying which, `false or misleading'. 14
PART 10--OTHER MATTERS 15
141 Performance and carrying out of professional engineering 16
services by particular entities 17
(1) This section applies to-- 18
(a) a person who is not a registered professional engineer if the 19
person, in performing, or undertaking to perform, professional 20
engineering services for someone (the "client")-- 21
(i) claims, or holds himself or herself out, to be a registered 22
professional engineer; or 23
(ii) allows himself or herself to be held out as a registered 24
professional engineer; or 25
(b) another person if-- 26
(i) the person, in providing, or undertaking to provide, 27
professional engineering services for someone (also the 28
s 142 66 s 144
Professional Engineers Bill 2002
"client") claims, or holds out, that the services are carried 1
out, or to be carried out, by or under the supervision of a 2
registered professional engineer; and 3
(ii) the services are not carried out by or under the supervision 4
of a registered professional engineer. 5
(2) Despite any agreement between the person and the client, the person 6
is not entitled to any monetary or other consideration for the performance 7
or carrying out of the professional engineering services. 8
142 Protection from liability 9
(1) This section applies to each of the following persons (a "relevant 10
person")-- 11
(a) the Minister; 12
(b) a board member; 13
(c) an investigator; 14
(d) a person engaged, under section 45, to assist the board or an 15
investigator. 16
(2) A relevant person is not civilly liable to someone for an act done, or 17
omission made, honestly and without negligence under this Act. 18
(3) If subsection (2) prevents a civil liability attaching to a relevant 19
person mentioned in subsection (1)(a), the liability attaches instead to the 20
State. 21
(4) If subsection (2) prevents a civil liability attaching to a relevant 22
person mentioned in subsection (1)(b), (c) or (d), the liability attaches 23
instead to the board. 24
143 Approval of forms 25
The chief executive may approve forms for use under this Act. 26
144 Regulation-making power 27
(1) The Governor in Council may make regulations under this Act. 28
(2) A regulation may be made about the following-- 29
(a) fees, including the refunding of fees, payable under this Act; 30
s 145 67 s 146
Professional Engineers Bill 2002
(b) the procedures for electing a member of the board; 1
(c) imposing a penalty of no more than 20 penalty units for 2
contravention of a regulation. 3
(3) Without limiting subsection (2)(a), a regulation may prescribe 4
amounts as fees having regard to the costs of the board performing its 5
functions under, or complying with, this Act or another Act. 6
(4) Also, without limiting section 10(1)(a),12 a regulation may provide 7
for a qualification under that paragraph by reference to subjects or areas of 8
learning relating to engineering. 9
PART 11--REPEAL AND TRANSITIONAL PROVISIONS 10
Division 1--Repeal 11
145 Repeal of Professional Engineers Act 1988 12
The Professional Engineers Act 1988 (1988 Act No. 72) is repealed. 13
Division 2--Transitional provisions 14
Subdivision 1--Preliminary 15
146 Definitions for div 2 16
"commencement" means the commencement of the provision in which 17
the term is used. 18
"disciplinary panel" means the Professional Engineers Disciplinary Panel 19
established under the repealed Act. 20
"former board" means the Board of Professional Engineers of 21
Queensland established under the repealed Act. 22
12 Section 10 (When applicant is qualified for registration)
s 147 68 s 150
Professional Engineers Bill 2002
"registered professional engineering company" means an entity that, 1
immediately before the commencement, is registered as a registered 2
professional engineering company under part 5 of the repealed Act. 3
"registered professional engineering unit" means an entity that, 4
immediately before the commencement, is registered as a registered 5
professional engineering unit under part 6 of the repealed Act. 6
Subdivision 2--Transitional references 7
147 References to repealed Act 8
A reference in an Act or document to the repealed Act may, if the 9
context permits, be taken as a reference to this Act. 10
148 References to former board 11
A reference in an Act or document to the former board may, if the 12
context permits, be taken as a reference to the board. 13
Subdivision 3--Other transitional provisions 14
149 Dissolution of former board 15
(1) On the commencement-- 16
(a) the former board is dissolved; and 17
(b) the members of the board go out of office. 18
(2) No compensation is payable to a member because of subsection (1). 19
150 Particular members of former board continue in office 20
(1) This section applies to a person who is a member of the former board 21
immediately before the commencement if the person's term of appointment 22
as a member would, other than for this section, have ended before the 23
commencement of section 149 of this Act. 24
s 151 69 s 152
Professional Engineers Bill 2002
(2) Despite section 1213 of the repealed Act, the person continues as a 1
member of the former board until it is dissolved under section 149 of this 2
Act. 3
151 First appointment of particular member 4
(1) For the purpose of the first appointment of a member of the board 5
under section 82(2)(c), the Governor in Council may appoint any person 6
holding office under section 7 of the repealed Act before the 7
commencement. 8
(2) A person appointed under subsection (1)-- 9
(a) is taken to be properly appointed under section 82; and 10
(b) holds office until-- 11
(i) the end of 18 months after the commencement; or 12
(ii) if the person, or another person, is earlier elected under 13
section 82(2)(c)--the day the person or other person is 14
elected. 15
152 Employees of former board 16
(1) This section applies to a person who, immediately before the 17
commencement, was an employee of the former board. 18
(2) On the commencement, the person becomes an employee of the 19
board. 20
(3) The person-- 21
(a) must be employed on terms and conditions at least equivalent to 22
the person's terms and conditions of employment immediately 23
before the commencement; and 24
(b) remains entitled to all rights of employment existing or accruing 25
immediately before the commencement. 26
13 The repealed Act, section 12 (Duration of appointment)
s 153 70 s 157
Professional Engineers Bill 2002
153 Vesting of former board's assets, rights and liabilities 1
On the commencement, the assets, rights and liabilities of the former 2
board vest in the board. 3
154 Vesting of former board's pending legal proceedings 4
(1) This section applies to a legal proceeding that-- 5
(a) was taken by or against a following person before the 6
commencement-- 7
(i) the former board; 8
(ii) a member of the former board in the person's capacity as a 9
member of the former board; and 10
(b) has not been finished before the commencement. 11
(2) From the commencement, the proceeding may be continued and 12
finished by or against the board. 13
155 Dissolution of disciplinary panel 14
(1) On the commencement-- 15
(a) the disciplinary panel is dissolved; and 16
(b) the members of the panel go out of office. 17
(2) No compensation is payable to a member because of subsection (1). 18
156 Complaints under repealed Act 19
(1) This section applies to a complaint about an individual given to the 20
former board under the repealed Act if the former board had not authorised 21
an investigation of, or otherwise dealt with, the complaint under that Act 22
before the commencement. 23
(2) The complaint is taken to be a complaint under this Act. 24
157 Disciplinary proceeding started before commencement 25
(1) This section applies if, under the repealed Act and before the 26
commencement-- 27
s 158 71 s 158
Professional Engineers Bill 2002
(a) the board has laid a disciplinary charge against a registered 1
professional engineer; and 2
(b) a disciplinary panel has been formed to hear and decide the 3
charge. 4
(2) The disciplinary panel may hear, or continue to hear, and decide the 5
charge under the repealed Act as if the Act had not been repealed and the 6
panel had not been dissolved under section 155. 7
(3) Also, for hearing the charge or doing anything else under the 8
repealed Act in relation to the charge, a disciplinary panel member has the 9
member's entitlements under the repealed Act. 10
(4) The repealed Act continues in force for the purposes of the panel and 11
the proceeding, including, for example, the making of an order by the panel 12
under section 60 of that Act. 13
(5) An order of the panel under section 60 of the repealed Act has effect 14
as if it were an order of the tribunal under section 131 or 132 of this Act. 15
(6) For this section, a reference in the repealed Act to the board may, if 16
necessary or desirable for the proceeding, be taken to be a reference to the 17
board established under this Act. 18
158 Continuing investigations 19
(1) This section applies to a person who, immediately before the 20
commencement-- 21
(a) is authorised as an investigator under section 4514 of the repealed 22
Act; and 23
(b) is investigating under that Act-- 24
(i) the conduct of a registered professional engineer; or 25
(ii) a suspected contravention of the repealed Act by a 26
registered professional engineer. 27
(2) On the commencement, the person is taken to be an investigator 28
under section 48 and may continue the investigation under this Act. 29
(3) In this section-- 30
14 The repealed Act, section 45 (Board may authorise investigation)
s 159 72 s 160
Professional Engineers Bill 2002
"registered professional engineer" means a registered professional 1
engineer under the repealed Act. 2
159 Appeals 3
(1) Subsection (2) applies if-- 4
(a) a person has appealed to the District Court under the repealed 5
Act before the commencement against a decision or order 6
mentioned in section 67(1)15 of the repealed Act; and 7
(b) the appeal has not been decided before the commencement. 8
(2) The District Court may hear, or continue to hear, and decide the 9
appeal under the repealed Act as if the Act had not been repealed. 10
(3) Subsection (4) applies if-- 11
(a) immediately before the commencement a person could have 12
appealed to the District Court under the repealed Act against a 13
decision or order mentioned in section 67(1) of the repealed Act; 14
and 15
(b) the person has not appealed before the commencement. 16
(4) The person may appeal, and the District Court may hear and decide 17
the appeal, under the repealed Act as if this Act had not commenced. 18
(5) For giving effect to its decision under subsection (2) or (4), the 19
District Court may make the orders it considers necessary having regard to 20
the provisions of this Act. 21
22
Example for subsection (5)--
23
On an appeal by a person against a decision to cancel the person's registration under the
24
repealed Act, the District Court may order that the board register the person under this
25
Act.
160 Existing registrations--individuals 26
(1) This section applies to an individual who, immediately before the 27
commencement, was a registered professional engineer under the repealed 28
Act. 29
15 The repealed Act, section 67 (Appeals)
s 161 73 s 162
Professional Engineers Bill 2002
(2) On the commencement, the individual is taken to be a registered 1
professional engineer under this Act. 2
(3) Despite section 15,16 the registration remains in force, unless it is 3
sooner cancelled, until the later of the following days-- 4
(a) 31 December first happening after the commencement; 5
(b) the day that is 3 months after the commencement. 6
(4) However, if the individual pays the registration fee to the board 7
before the day on which the registration would have ended under 8
subsection (3), the registration remains in force until the last day of the 9
financial year in which the registration would otherwise have ended under 10
the subsection. 11
(5) For the individual's first application for renewal or restoration of 12
registration, the individual must state the areas of engineering for which the 13
individual reasonably believes he or she is qualified for registration. 14
(6) In this section-- 15
"registration fee" means the registration fee prescribed under 16
section 8(2)(b)(iv) for registration for not more than 6 months. 17
161 Existing registrations--divisions of engineering 18
(1) This section applies-- 19
(a) to an individual who, immediately before the commencement, 20
was a registered professional engineer under the repealed Act; 21
and 22
(b) until the day on which the individual's registration is first 23
renewed or restored under this Act. 24
(2) For part 7 of this Act, the division of engineering in which the 25
individual was registered under the repealed Act is taken to be the area of 26
engineering for which the individual is registered under this Act. 27
162 Existing registrations--other entities 28
(1) This section applies to the following entities-- 29
(a) a registered professional engineering company; 30
16 Section 15 (Period of registration)
s 163 74 s 165
Professional Engineers Bill 2002
(b) a registered professional engineering unit. 1
(2) On the commencement, the entity's registration under part 5 or 6 of 2
the repealed Act ceases to have effect. 3
163 Existing applications for registration 4
(1) This section applies to an application for registration as a registered 5
professional engineer under the repealed Act and not decided before the 6
commencement. 7
(2) The application must be decided under this Act. 8
164 Continuing effect of qualifications under repealed Act 9
(1) Subsection (2) applies-- 10
(a) despite the repeal of the repealed Act; and 11
(b) only until a regulation provides for the qualifications and 12
competencies in the practice of engineering under section 10(1) 13
of this Act. 14
(2) A person is taken to be qualified for registration under section 10(1) 15
if the person complies with the requirements for registration under 16
section 18(a) or (b) of the repealed Act. 17
165 Refund of fees--registered professional engineering company or 18
unit 19
(1) As soon as practicable after the commencement, the board must 20
refund to each registered professional engineering company and registered 21
professional engineering unit an amount calculated using the formula-- 22
A = F B + ----- × C
F
-
12
(2) In this section-- 23
"A" means the amount to be refunded. 24
"B" means a reasonable amount, decided by the board, for administrative 25
costs incurred by the board in refunding the amount under this section. 26
s 166 75 s 166
Professional Engineers Bill 2002
"C" means the number of whole months for which the company or unit 1
was registered as a professional engineering company or unit in the 2
relevant period in which this section commences. 3
"F" means-- 4
(a) if the company or unit applied for registration as a registered 5
professional engineering company or unit in the year in which 6
this section commences--$195; or 7
(b) if the company or unit applied for renewal of its registration as a 8
registered professional engineering company or unit in the year 9
in which this section commences--$121. 10
"relevant period" means the period from 1 April in a year to 31 March in 11
the following year. 12
PART 12--CONSEQUENTIAL AMENDMENTS 13
166 Acts amended 14
Schedule 1 amends the Acts mentioned in it. 15
76
Professional Engineers Bill 2002
SCHEDULE 1 1
CONSEQUENTIAL AMENDMENTS 2
section 166 3
DOMESTIC BUILDING CONTRACTS ACT 2000 4
1 Schedule 2, definition "engineer", `Professional Engineers Act 5
1988'-- 6
omit, insert-- 7
`Professional Engineers Act 2002'. 8
QUEENSLAND BUILDING SERVICES AUTHORITY 9
ACT 1991 10
2 Schedule 2, definition "engineer", `Professional Engineers Act 11
1988'-- 12
omit, insert-- 13
`Professional Engineers Act 2002'. 14
SUBCONTRACTORS' CHARGES ACT 1974 15
3 Section 10A(1)(b)-- 16
omit, insert-- 17
`(b) a registered professional engineer under the Professional 18
Engineers Act 2002'. 19
77
Professional Engineers Bill 2002
SCHEDULE 2 1
DICTIONARY 2
section 7 3
"affected by bankruptcy action", in relation to an individual, means the 4
individual-- 5
(a) is bankrupt; or 6
(b) has compounded with creditors; or 7
(c) as a debtor, has otherwise taken, or applied to take, advantage of 8
any law about bankruptcy. 9
"affected by control action", in relation to a corporation, means the 10
corporation-- 11
(a) has executed a deed of company arrangement under the 12
Corporations Act; or 13
(b) is the subject of a winding-up, whether voluntarily or under a 14
court order, under that Act; or 15
(c) is the subject of an appointment of an administrator, liquidator, 16
receiver or receiver and manager under that Act. 17
"annual registration fee" means the fee prescribed under a regulation to 18
be the annual registration fee. 19
"approved code of practice" means the code of practice having effect 20
under section 108(3). 21
"approved form" means a form approved under section 143. 22
"area of engineering" means an area of engineering prescribed under a 23
regulation. 24
25
Examples of an area of engineering--
26
· civil engineering
27
· mechanical engineering.
78
Professional Engineers Bill 2002
SCHEDULE 2 (continued)
"assessment entity"-- 1
(a) for assessing an individual against the qualifications or 2
competencies provided for under section 10(1)--see 3
section 10(3); and 4
(b) for assessing an individual against the continuing competency 5
requirements--see section 16(3). 6
"board" means the Board of Professional Engineers of Queensland 7
established under this Act. 8
"certificate of registration" means a certificate of registration as a 9
registered professional engineer. 10
"chairperson" means the chairperson of the board. 11
"complainant" means a person who makes a complaint. 12
"complaint" means a complaint made under section 37(1). 13
"contact details", of a registered professional engineer, means the 14
registered professional engineer's business address, telephone 15
number, facsimile number or e-mail address notified to the board by 16
the engineer. 17
"continuing competency requirements" see section 16(1). 18
"criminal history", of a person, means the convictions, other than spent 19
convictions, recorded against the person for offences, in Queensland 20
or elsewhere, whether before or after the commencement of this Act. 21
"deputy chairperson" means the deputy chairperson of the board. 22
"disciplinary ground" see section 36. 23
"disciplinary proceeding" see section 127. 24
"executive officer", of a corporation affected by control action, means a 25
person who was an executive officer of the corporation when it 26
became affected by control action or within 1 year before it became 27
affected by the action if 5 years have not elapsed since it became 28
affected by the action. 29
"executive officer", of a corporation, means a person who is concerned 30
with, or takes part in, the corporation's management, whether the 31
person is a director or the person's position is given the name of 32
executive officer. 33
79
Professional Engineers Bill 2002
SCHEDULE 2 (continued)
"expiry day" see section 18(2). 1
"indictable offence" includes an indictable offence dealt with summarily. 2
"information" includes a document. 3
"information notice", for a decision of the board, means a notice stating 4
the following-- 5
(a) the decision; 6
(b) the reasons for it; 7
(c) that the person to whom the notice is given may apply to the 8
tribunal for a review of the decision within 28 days after the 9
person receives the notice; 10
(d) how the person may apply to the tribunal. 11
"institution" see section 82(2)(b). 12
"investigator" means a person appointed as an investigator under 13
section 48(1). 14
"member" means a member of the board. 15
"notice" means a written notice. 16
"order", in relation to section 60 of the repealed Act, includes a caution or 17
reprimand given under that section. 18
"performance agreement" see section 99(1). 19
"prescriptive standard" means a document that states procedures or 20
criteria-- 21
(a) for carrying out a design, or a construction or production activity, 22
relating to engineering; and 23
(b) the application of which, to the carrying out of the design, or the 24
construction or production activity, does not require advanced 25
scientifically based calculations. 26
27
Examples--
28
· A timber framing manual, as in force from time to time, published by the
29
Timber Research and Development Advisory Council of Queensland
30
· AS/NZS 3000:2000 -- Electrical installations (known as the Australian/New
31
Zealand Wiring Rules).
80
Professional Engineers Bill 2002
SCHEDULE 2 (continued)
"professional engineering service" means an engineering service that 1
requires, or is based on, the application of engineering principles and 2
data to a design, or to a construction or production activity, relating to 3
engineering, and does not include an engineering service that may be 4
provided in accordance with a prescriptive standard. 5
"regional Queensland" means the area of the State other than-- 6
(a) the Beaudesert, Boonah, Brisbane, Caboolture, Caloundra, 7
Crows Nest, Esk, Gatton, Gold Coast, Ipswich, Kilcoy, Laidley, 8
Logan, Maroochy, Noosa, Pine Rivers, Redcliffe and Redland 9
local government areas; and 10
(b) the area of the City of Brisbane. 11
"register" means the register kept under section 102. 12
"registered professional engineer" means a person registered as a 13
registered professional engineer under this Act. 14
"registrar" means the registrar of the board. 15
"registration" means registration under part 2. 16
"registration period" see section 15(1). 17
"repealed Act" means the Professional Engineers Act 1988. 18
"spent conviction" means a conviction-- 19
(a) for which the rehabilitation period under the Criminal Law 20
(Rehabilitation of Offenders) Act 1986 has expired under that 21
Act; and 22
(b) that is not revived as prescribed by section 11 of that Act. 23
"tribunal" means the Queensland Building Tribunal established under the 24
Tribunal Act. 25
"Tribunal Act" means the Queensland Building Tribunal Act 2000. 26
"unsatisfactory professional conduct", for a registered professional 27
engineer, includes the following-- 28
(a) conduct that is of a lesser standard than that which might 29
reasonably be expected of the registered professional engineer by 30
the public or the engineer's professional peers; 31
81
Professional Engineers Bill 2002
SCHEDULE 2 (continued)
(b) conduct that demonstrates incompetence, or a lack of adequate 1
knowledge, skill, judgment or care, in the practice of 2
engineering; 3
(c) misconduct in a professional respect; 4
(d) fraudulent or dishonest behaviour in the practice of engineering; 5
(e) other improper or unethical conduct. 6
© State of Queensland 2002
AMENDMENTS TO BILL
1
Professional Engineers Bill 2002
PROFESSIONAL ENGINEERS BILL 2002
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 90
At page 45, line 10, `82(5)'--
omit, insert--
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