Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
VALUERS REGISTRATION
AMENDMENT BILL 2000
Queensland
VALUERS REGISTRATION
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 6 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s 7 (Assistant members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 12 (Removal from office) . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Amendment of s 21 (Quorum) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Amendment of s 28 (Publication of names of registered valuers) . . . . . . . . 6
10 Amendment of s 30 (Qualifications for registration) . . . . . . . . . . . . . . . . . . 6
11 Amendment of s 34 (Certificate to be issued on registration) . . . . . . . . . . . 6
12 Amendment of s 36 (Annual roll fee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
13 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
36A Payment of roll fee for up to 5 years . . . . . . . . . . . . . . . . . . . . . . . . . 7
14 Insertion of new ss 36B36D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
36B Renewal of registration--statement or certificate about CPD . . . . . 8
36C Exemption from providing statement or certificate about CPD . . . . 8
36D Entries in register about renewal of registration . . . . . . . . . . . . . . . . 9
15 Amendment of s 40 (Restoration of registration) . . . . . . . . . . . . . . . . . . . . . 9
16 Amendment of s 42C (Grant of application) . . . . . . . . . . . . . . . . . . . . . . . . . 9
17 Amendment of s 42D (Refusal of application) . . . . . . . . . . . . . . . . . . . . . . . 10
18 Omission of s 42E (Failure to decide application) . . . . . . . . . . . . . . . . . . . . 10
2
Valuers Registration Amendment
19 Insertion of new ss 42FA42FD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
42FA Renewal of recording of registered valuer on list of
specialist retail valuers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
42FB Payment of fee for recording on list for up to 5 years . . . . . . . . . . . . 10
42FC Exemption from providing statement about CPD relating
to retail rental valuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
42FD Entries on list of specialist retail valuers about renewal . . . . . . . . . 11
20 Amendment of s 42G (Removal of name from list) . . . . . . . . . . . . . . . . . . . 12
21 Insertion of new ss 42GA42GD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
42GA Removal from list of specialist retail valuers . . . . . . . . . . . . . . . . . . 12
42GB Restoration of name on list . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
42GC Unauthorised dealing with list of specialist retail valuers . . . . . . . . 13
42GD Waiver of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
22 Amendment of s 50 (Disciplinary charge may be laid) . . . . . . . . . . . . . . . . 13
23 Insertion of new s 50A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
50A Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Amendment of s 59 (Committee may order cancellation of
registration, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25 Amendment of s 61 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Insertion of new part hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
27 Insertion of new pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 7--TRANSITIONAL PROVISIONS FOR VALUERS
REGISTRATION AMENDMENT ACT 2000
72 Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
73 Publication of names of registered valuers--s 28 . . . . . . . . . . . . . . . 16
74 Roll fee--s 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2000
A BILL
FOR
An Act to amend the Valuers Registration Act 1992
s1 4 s5
Valuers Registration Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Valuers Registration Amendment 3
Act 2000. 4
5
Commencement
Clause 2.(1) Section 14 and section 19, to the extent it inserts sections 42FA(b), 6
42FC and 42FD(b), commence 1 year after the commencement of this 7
section. 8
(2) The remaining provisions of this Act commence on a day to be fixed 9
by proclamation. 10
amended 11
Act
Clause 3. This Act amends the Valuers Registration Act 1992. 12
of s 3 (Definitions) 13
Amendment
Clause 4.(1) Section 3, definition "appointed member", `section 6(1)(b)'-- 14
omit, insert-- 15
`section 6(1)(b) or (c)'. 16
(2) Section 3-- 17
insert-- 18
` "annual renewal day" means 1 May. 19
"CPD", for a registered valuer, means continuing professional 20
development.'. 21
of s 6 (Membership) 22
Amendment
Clause 5.(1) Section 6(1)(b)-- 23
s6 5 s8
Valuers Registration Amendment
omit, insert-- 1
`(b) 2 registered valuers, 1 of whom is to be appointed from names 2
submitted by the Australian Property Institute under section 8; 3
(c) 2 persons appointed from names submitted by business, 4
community or professional organisations.'. 5
(2) Section 6(2), `subsection (1)(b)'-- 6
omit, insert-- 7
`subsection (1)(b) and (c)'. 8
of s 7 (Assistant members) 9
Amendment
Clause 6. Section 7(a), `Australian Institute of Valuers and Land Economists'-- 10
omit, insert-- 11
`Australian Property Institute'. 12
of s 12 (Removal from office) 13
Amendment
Clause 7. Section 12(1)(d), after `assistant member'-- 14
insert-- 15
`, other than a member appointed under section 6(1)(c),'. 16
of s 21 (Quorum) 17
Amendment
Clause 8.(1) Section 21(1), `2 members'-- 18
omit, insert-- 19
`3 members'. 20
(2) Section 21(3), from `the name'-- 21
omit, insert-- 22
`in the minute book the names of the members present.'. 23
s9 6 s 12
Valuers Registration Amendment
of s 28 (Publication of names of registered valuers) 1
Amendment
Clause 9. Section 28, `1 January'-- 2
omit, insert-- 3
`1 July'. 4
of s 30 (Qualifications for registration) 5
Amendment
Clause 10.(1) Section 30(b)(i), `of valuers'-- 6
omit. 7
(2) Section 30(c), `5 years'-- 8
omit, insert-- 9
`3 years'. 10
of s 34 (Certificate to be issued on registration) 11
Amendment
Clause 11. Section 34(2), `the year'-- 12
omit, insert-- 13
`the financial year'. 14
of s 36 (Annual roll fee) 15
Amendment
Clause 12.(1) Section 36, heading-- 16
omit, insert-- 17
`Roll fee, late fee and restoration fee'. 18
(2) Section 36(1), `1 November'-- 19
omit, insert-- 20
`1 May'. 21
(3) Section 36(1), `following year'-- 22
omit, insert-- 23
`following financial year'. 24
(4) Section 36(2), `31 October'-- 25
s 13 7 s 14
Valuers Registration Amendment
omit, insert-- 1
`30 April'. 2
(5) Section 36(3), `31 December'-- 3
omit, insert-- 4
`30 June'. 5
(6) Section 36(4), `the year'-- 6
omit, insert-- 7
`the financial year'. 8
of new s 36A 9
Insertion
Clause 13. After section 36-- 10
insert-- 11
of roll fee for up to 5 years 12
`Payment
`36A.(1) Despite section 36(1), a registered valuer may pay the roll fee 13
for up to 5 years in advance. 14
`(2) If particulars of a valuer are removed from the register under 15
section 37(2), the board may refund any roll fee paid for a period after the 16
next annual renewal day after the removal. 17
`(3) If a roll fee has been paid for a period after the next annual renewal 18
day and the prescribed roll fee for the period is a different amount to the 19
amount paid, the board may-- 20
(a) if the prescribed roll fee is less than the amount already 21
paid--refund the difference between the roll fee already paid and 22
the prescribed roll fee; or 23
(b) if the prescribed roll fee is more than the amount already 24
paid--require payment of the difference between the roll fee 25
already paid and the prescribed roll fee.'. 26
of new ss 36B36D 27
Insertion
Clause 14. After section 36A, as inserted by this Act-- 28
s 14 8 s 14
Valuers Registration Amendment
insert-- 1
of registration--statement or certificate about CPD 2
`Renewal
`36B.(1) In addition to the prescribed roll fee, a registered valuer must, 3
before 1 May in each year, give the board-- 4
(a) a statement that the valuer has undertaken the CPD prescribed 5
under a regulation during the previous 18 months; or 6
(b) a CPD compliance certificate from a prescribed institute; or 7
(c) a statement about the activities the valuer has undertaken that meet 8
a prescribed institute's requirements for a CPD compliance 9
certificate. 10
`(2) A registered valuer who gives the board a statement or certificate 11
mentioned in subsection (1) after 30 April must pay the late fee prescribed 12
under a regulation. 13
`(3) If the valuer does not give the board the statement or certificate and 14
pay the late fee before 30 June, the board must cancel the valuer's 15
registration and remove the valuer's name and other particulars from the 16
register. 17
`(4) However, if the valuer gives the board the statement or certificate and 18
pays the late fee before the end of the financial year to which the renewal of 19
registration relates, the board must restore the valuer's registration. 20
from providing statement or certificate about CPD 21
`Exemption
`36C.(1) The board may exempt a registered valuer from the requirement 22
under section 36B(1) to give the board a statement or certificate about the 23
valuer's CPD-- 24
(a) in special circumstances; and 25
(b) for no longer than 2 years; and 26
(c) if the valuer gives the board an undertaking not to practise as a 27
valuer during the time to which the exemption relates. 28
29
Examples for paragraph (a)--
30
· the valuer's family responsibilities
31
· the valuer's absence interstate or overseas.
s 15 9 s 16
Valuers Registration Amendment
`(2) The valuer must give the board the statement or certificate before the 1
valuer recommences practice as a valuer. 2
in register about renewal of registration 3
`Entries
`36D. On payment by a registered valuer of the prescribed roll fee for the 4
next financial year, the board must enter in the register-- 5
(a) renewal of the valuer's registration; and 6
(b) in relation to the statement or certificate required under 7
section 36B(1) that-- 8
(i) the valuer has given the statement or certificate; or 9
(ii) the valuer has been exempted under section 36C(1) from 10
giving the statement or certificate and the period of the 11
exemption.'. 12
of s 40 (Restoration of registration) 13
Amendment
Clause 15.(1) Section 40, heading-- 14
omit, insert-- 15
`Restoration of registration after removal under s 37'. 16
(2) Section 40(2), `the prescribed fee'-- 17
omit, insert-- 18
`the fee prescribed under a regulation and the statement or certificate 19
mentioned in section 36B(1)'. 20
(3) Section 40(4), `the year'-- 21
omit, insert-- 22
`the financial year'. 23
of s 42C (Grant of application) 24
Amendment
Clause 16. Section 42C(2) and (3)-- 25
omit. 26
s 17 10 s 19
Valuers Registration Amendment
of s 42D (Refusal of application) 1
Amendment
Clause 17. Section 42D-- 2
insert-- 3
`(2) The notice must tell the applicant that the applicant may appeal 4
against the decision under section 61.'. 5
of s 42E (Failure to decide application) 6
Omission
Clause 18. Section 42E-- 7
omit. 8
nsertion of new ss 42FA42FD 9
I
Clause 19. After section 42F-- 10
insert-- 11
of recording of registered valuer on list of specialist retail 12
`Renewal
valuers 13
`42FA. A registered valuer who is recorded as a specialist retail valuer on 14
the list kept by the board must, to remain on the list, before 1 May in each 15
year-- 16
(a) pay the board the fee prescribed under a regulation; and 17
(b) give the board a statement that the valuer has, during the previous 18
18 months, undertaken the prescribed amount of CPD relating to 19
retail rental valuation. 20
of fee for recording on list for up to 5 years 21
`Payment
`42FB.(1) Despite section 42FA, a specialist retail valuer may pay the fee 22
mentioned in section 42FA(a) for up to 5 years in advance. 23
`(2) If particulars of a specialist retail valuer are removed from the list of 24
specialist retail valuers under section 42G(1), the board may refund any fee 25
paid for a period after the next annual renewal day after the removal. 26
`(3) If a fee has been paid for a period after the next annual renewal day 27
and the prescribed fee for the period is a different amount to the amount 28
s 19 11 s 19
Valuers Registration Amendment
paid, the board may-- 1
(a) if the prescribed fee is less than the amount already paid--refund 2
the difference between the fee already paid and the prescribed fee; 3
or 4
(b) if the prescribed fee is more than the amount already 5
paid--require payment of the difference between the fee already 6
paid and the prescribed fee. 7
from providing statement about CPD relating to retail 8
`Exemption
rental valuation 9
`42FC.(1) The board may exempt a specialist retail valuer from the 10
requirement under section 42FA(b) to give the board a statement about the 11
specialist retail valuer's CPD relating to retail rental valuation-- 12
(a) in special circumstances; and 13
(b) for no longer than 2 years; and 14
(c) if the specialist retail valuer gives the board an undertaking not to 15
practise as a specialist retail valuer during the time to which the 16
exemption relates. 17
18
Examples for paragraph (a)--
19
· the specialist retail valuer's family responsibilities
20
· the specialist retail valuer's absence interstate or overseas.
`(2) The specialist retail valuer must give the board the statement before 21
the valuer recommences practice as a specialist retail valuer. 22
on list of specialist retail valuers about renewal 23
`Entries
`42FD. On payment by a specialist retail valuer of the fee mentioned in 24
section 42FA(a), the board must record on the list-- 25
(a) renewal of the recording of the valuer as a specialist retail valuer; 26
and 27
(b) in relation to the statement required under section 42FA(b) that-- 28
(i) the valuer has given the statement; or 29
s 20 12 s 21
Valuers Registration Amendment
(ii) the valuer has been exempted under section 42FC(1) from 1
giving the statement and the period of the exemption.'. 2
of s 42G (Removal of name from list) 3
Amendment
Clause 20. Section 42G, heading-- 4
omit, insert-- 5
`Effect of loss of registration'. 6
nsertion of new ss 42GA42GD 7
I
Clause 21. After section 42G-- 8
insert-- 9
from list of specialist retail valuers 10
`Removal
`42GA.(1) The board may remove a valuer's particulars from the list of 11
specialist retail valuers kept by the board if the board considers the valuer 12
does not have the qualifications to remain on the list. 13
`(2) The board must not remove the particulars unless the board gives the 14
valuer written notice-- 15
(a) stating the reasons for the proposed removal; and 16
(b) giving the valuer 30 days to make oral or written submissions to 17
the board about the reasons. 18
`(3) If the board removes a valuer's particulars under subsection (1)-- 19
(a) the board must give the valuer written notice of the removal; and 20
(b) the notice must tell the valuer that the valuer may appeal against 21
the removal under section 61. 22
of name on list 23
`Restoration
`42GB.(1) A valuer whose particulars are removed from the list of 24
specialist retail valuers under section 42GA(1) may apply to the board for 25
restoration of the valuer's particulars on the list. 26
`(2) The application must be-- 27
s 22 13 s 22
Valuers Registration Amendment
(a) in writing; and 1
(b) accompanied by the fee prescribed under a regulation and the 2
statement mentioned in section 42FA(b). 3
`(3) If the board is satisfied the valuer has the qualifications to be 4
recorded on the list, the board must grant the application. 5
`(4) If the board restores a valuer's particulars to the list and the fee 6
mentioned in section 42FA has not been paid, the fee payable is calculated 7
by reducing the prescribed fee by one twelfth for each whole month of the 8
financial year that has passed at the time the particulars are restored. 9
`(5) For subsection (4), a whole month is taken to have passed if the 10
particulars are restored after the 15th day of the month. 11
dealing with list of specialist retail valuers 12
`Unauthorised
`42GC. A person must not, other than under this Act-- 13
(a) record particulars on the list of specialist retail valuers; or 14
(b) alter particulars on the list; or 15
(c) remove particulars from the list; or 16
(d) restore particulars to the list. 17
Maximum penalty--50 penalty units. 18
of fee 19
`Waiver
`42GD. The board may waive payment of the whole or part of a fee 20
payable under section 42B(2), 42FA(a) or 42GB(4) if the board considers it 21
reasonable in the circumstances to do so.1'. 22
of s 50 (Disciplinary charge may be laid) 23
Amendment
Clause 22. Section 50(4), `the members and the assistant members'-- 24
1 Sections 42B (Valuers may apply to be recorded as specialist retail valuers),
42FA (Renewal of recording of registered valuer on list of specialist retail
valuers) and 42GB (Restoration of name on list)
s 23 14 s 24
Valuers Registration Amendment
omit, insert-- 1
`at least 3 members or assistant members'. 2
of new s 50A 3
Insertion
Clause 23. After section 50-- 4
insert-- 5
of interest 6
`Conflict
`50A.(1) The board must not appoint a member or assistant member to a 7
committee if the member or assistant member has an interest in the matters 8
in the investigator's report to be considered by the committee. 9
`(2) If, during a proceeding of a committee, the chairperson or a member 10
of the committee becomes aware that the member has an interest in the 11
matter being considered-- 12
(a) the member must resign from the committee; and 13
(b) if, because of the member's resignation, the committee has fewer 14
than 3 members--the board must appoint the number of 15
members or assistant members necessary for the committee to 16
have at least 3 members. 17
`(3) For subsections (1) and (2), a member has an interest in a matter to 18
be considered or being considered by the committee if, for example, during 19
the previous 2 years-- 20
(a) the member was employed by the same entity as the registered 21
valuer whose conduct is being considered; or 22
(b) the member was the employer of the registered valuer whose 23
conduct is being considered.'. 24
of s 59 (Committee may order cancellation of registration, 25
Amendment
etc.) 26
Clause 24. Section 59(3) to (5)-- 27
omit, insert-- 28
`(3) A committee may order the valuer to pay to the board, within a 29
s 25 15 s 27
Valuers Registration Amendment
stated time, the costs or part of the costs of and incidental to the proceeding, 1
including the costs or part of the costs of the investigation that led to the 2
proceeding. 3
`(4) An order under subsection (1)(c) or (3) may contain a direction that 4
the valuer's registration is to be suspended for a stated period or cancelled if 5
the valuer fails to pay the penalty or costs within the stated time. 6
`(5) If the valuer does not pay the penalty or costs within the stated time, 7
the valuer's registration is suspended or cancelled in accordance with the 8
direction.'. 9
of s 61 (Appeals) 10
Amendment
Clause 25.(1) Section 61(1)(e)-- 11
omit. 12
(2) Section 61(3)(e)-- 13
omit. 14
of new part hdg 15
Insertion
Clause 26. Before section 70-- 16
insert-- 17
`PART 6--TRANSITIONAL PROVISIONS FOR 18
VALUERS REGISTRATION ACT 1992'. 19
of new pt 7 20
Insertion
Clause 27. After section 71-- 21
insert-- 22
s 27 16 s 27
Valuers Registration Amendment
`PART 7--TRANSITIONAL PROVISIONS FOR 1
VALUERS REGISTRATION AMENDMENT ACT 2000 2
for pt 7 3
`Definitions
`72. In this part-- 4
"amending Act" means the Valuers Registration Amendment Act 2000. 5
of names of registered valuers--s 28 6
`Publication
`73. Despite the commencement of section 9 of the amending Act, the 7
board-- 8
(a) must publish a copy of the register as at 1 January 2002; and 9
(b) is not required to publish a copy as at 1 July 2002. 10
fee--s 36 11
`Roll
`74. On the commencement of section 12 of the amending Act, 12
section 36 has effect in the following way-- 13
(a) in the year 2001, roll fees are payable as if section 36 had not been 14
amended; 15
(b) in the year 2002, roll fees are payable for the second half of the 16
financial year that begins on 1 July 2002 and ends on 17
30 June 2003; 18
(c) in the year 2003, roll fees are payable under section 36 as 19
amended by the amending Act.'. 20
© State of Queensland 2000
[Index] [Search] [Download] [Related Items] [Help]