ARCHITECTS ACT 2002 - As at 1 February 2024 - Act 53 of 2002
- As at 1 February 2024 - Act 53 of 2002Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
Division 2 - Objects
Division 3 - Application of Act
Division 4 - Interpretation
PART 2 - REGISTRATION OF ARCHITECTS
Division 1 - Preliminary
Division 2 - Eligibility for registration
- 9 Eligibility
- 10 When applicant is qualified for registration
- 11 Fitness to practise as an architect
Division 3 - Decision on applications for registration
Division 4 - Renewal and restoration of registrations
Subdivision 1 - Preliminary- 16 Meaning of continuing registration requirements
- 17 Notification of expiry of registration Subdivision 2 - Renewal
- 18 Applying for renewal
- 19 Registration in force while application is considered
- 20 Deciding application
- 21 Renewal of registration
- 22 Refusal to renew registration Subdivision 3 - Restoration
- 23 Applying for restoration
- 24 Deciding application
- 25 Restoration of registration
- 26 Refusal to restore registration
Division 5 - Lapsing of applications
- 27 Lapsing of application
Division 6 - Cancellation and immediate suspension of registrations
Division 7 - Offences about registration
- 30 False or misleading statement
- 31 False or misleading document
- 31A Proof of giving false and misleading statements and documents
- 32 Notification about particular matters
- 32AA Notification of prescribed changes
- 32A Notification of disciplinary event by other bodies
- 32B Notification of inability to practise
Division 8 - Miscellaneous
- 33 Surrender of registration
- 34 Form of certificate of registration
- 35 Refund of fees—withdrawal of application
- 35A Inquiries about fitness to practise as an architect
- 35B Report about relevant person’s criminal history
PART 2A - HEALTH ASSESSMENTS
- 35C Definitions for pt 2A
- 35D Health assessment
- 35E Appointment of health assessor
- 35F Health assessment report
- 35G Payment for heath assessment and report
- 35H Use of health assessment report
PART 2B - AUDITS OF ARCHITECTS
PART 3 - COMPLAINTS AND INVESTIGATIONS
Division 1AA - Extended application of part 3
- 36AA Application to former architects
Division 1 - Grounds for disciplining architects
- 36 Grounds for disciplining an architect
Division 2 - Complaints
- 37 Complaints about conduct
- 38 Board may require further information or statutory declaration
- 39 Rejection of complaint
- 40 Withdrawal of complaint
Division 3 - Investigations
- 41 Investigation of architect’s conduct
- 42 Investigation of compliance with Act
- 43 Investigation to be conducted as quickly as possible
- 44 Notice of investigation
- 45 Board may engage persons to help investigation
Division 4 - Investigators
Division 5 - Appointment of investigators and other matters
- 48 Appointment and qualifications
- 49 Appointment conditions and limit on powers
- 50 Issue of identity card
- 51 Production or display of identity card
- 52 When investigator ceases to hold office
- 53 Resignation
- 54 Failure to return identity card
Division 6 - Powers of board and investigators
- 55 Power to require information or attendance
- 56 Offence to contravene information or attendance requirement
- 57 Inspection and copying of produced documents
Division 7 - Seizure of documents
- 58 Seizing document as evidence
- 59 Receipt for seized document
- 60 Investigator to give seized document to board
- 61 Access to seized document
- 62 Return of seized document
Division 7A - Entry of places by investigators
Subdivision 1 - Power to enter- 62A General power to enter places Subdivision 2 - Entry by consent
- 62B Application of subdivision
- 62C Incidental entry to ask for access
- 62D Matters investigator must tell occupier
- 62E Consent acknowledgement Subdivision 3 - Entry under warrant
- 62F Application for warrant
- 62G Issue of warrant
- 62H Defect in relation to a warrant
- 62I Entry procedure
Division 7B - General powers of investigators after entering places
- 62J Application of division
- 62K General powers
- 62L Power to require reasonable help
- 62M Offence to contravene help requirement
Division 7C - Power to seize evidence
- 62N Seizing evidence at a public place that may be entered without consent or warrant
- 62O Seizing evidence at a place that may only be entered with consent or warrant
- 62P Power to secure seized thing
- 62Q Offence to contravene seizure requirement
- 62R Offence to interfere
- 62S Receipt and information notice for seized thing
- 62T Access to seized thing
- 62U Return of seized things
- 62V Forfeiture of seized things
- 62W Information notice about forfeiture decision
- 62X When thing becomes property of the board
- 62Y How property may be dealt with
Division 8 - Notice of damage and compensation
Division 9 - Offences about investigations
- 65 False or misleading statements
- 66 False or misleading documents
- 67 Obstructing board or investigators
- 68 Impersonation of investigators
PART 4 - REPORTS AND BOARD’S DECISIONS ABOUT INVESTIGATIONS
- 69AA Application of pt 4 to certain former architects
- 69 Board’s report about investigation
- 70 Report about investigation being conducted
- 71 Investigator’s report about investigation
- 72 Board may report to Minister
- 73 Board’s decision on investigation about architects
- 74 Notice of result of investigation about architects
- 74A Publishing of certain decisions on investigation about architect
- 75 Board’s decision about other investigations
- 76 Board to take action as soon as practicable
PART 5 - BOARD OF ARCHITECTS OF QUEENSLAND
Division 1 - Establishment
Division 2 - Functions and powers
Division 3 - Membership
- 82 Membership of board
- 83 Chairperson and deputy chairperson
- 84 Duration of appointment
- 85 Conditions of appointment
- 86 Termination of appointment
- 87 Vacation of office
- 88 Leave of absence for a member
- 89 Effect of vacancy in membership of board
- 90 Criminal history reports
Division 4 - Business and meetings
- 91 Conduct of business
- 92 Times and places of meetings
- 93 Quorum
- 94 Presiding at meetings
- 95 Conduct of meetings
- 96 Minutes
Division 5 - Disclosure of interests by board members
- 97 Disclosure of interests
Division 6 - Directions by Minister and performance agreements
Division 7 - Registrar of board and other staff
- 100 Appointment and function of registrar
- 100A Other staff
- 101 Board to reimburse cost of registrar’s or other staff’s services
Division 8 - Register
Division 9 - Other provisions about the board
- 104 Application of other Acts 105. (Repealed)
- 106 Board to reimburse tribunal costs
- 107 Matters to be included in annual report
- 107A Delegation
PART 6 - CODES OF PRACTICE
- 108 Board to make code of practice
- 109 Tabling of code
- 110 Inspection of code
- 111 Notice of approval or amendment of code
- 112 Use of code of practice in a disciplinary proceeding
PART 7 - OTHER OFFENCE PROVISIONS
- 113 Claims about being an architect
- 114 Using titles or names etc.
- 114A Exemption for corporations
- 115 Claims about provision of architectural services
- 116 Providing information about architects
- 117 Information on correspondence about architectural services 118. (Repealed)
PART 8 - REVIEWS AND DISCIPLINARY PROCEEDINGS
Division 1 - Reviews
119. (Repealed) 120. (Repealed)- 121 Review of particular decisions 122. (Repealed) 123. (Repealed) 124. (Repealed)
- 125 Information about review
Division 2 - Disciplinary proceedings
- 126 Tribunal may conduct disciplinary proceeding 127. (Repealed)
- 128 Tribunal to have regard to code of practice
- 129 Continuation of particular proceeding
- 130 Orders relating to architect
- 131 Orders relating to former architect
- 132 Effect of particular orders
- 133 Recording details of orders
PART 9 - LEGAL PROCEEDINGS
Division 1 - Evidence
Division 2 - Offence proceedings
PART 10 - OTHER MATTERS
- 140 Performance and carrying out of architectural services by particular entities
- 141 Protection from liability
- 141A Notice and record for businesses
- 141B Statutory declarations to verify information required under the Act
- 142 Approval of forms
- 143 Regulation-making power
PART 11 - REPEAL AND TRANSITIONAL PROVISIONS
Division 1 - Repeal
- 144 Repeal of Architects Act 1985
Division 2 - Transitional provisions for Act No. 53 of 2002
Subdivision 1 - Preliminary- 145 Definitions for div 2 Subdivision 2 - Transitional references
- 146 References to repealed Act
- 147 References to former board Subdivision 3 - Other transitional provisions
- 148 Dissolution of former board
- 149 Particular members of former board continue in office
- 150 First appointment of particular member
- 151 Employees of former board
- 152 Vesting of former board’s assets, rights and liabilities
- 153 Vesting of former board’s pending legal proceedings
- 154 Dissolution of disciplinary panel
- 155 Complaints under repealed Act
- 156 Disciplinary proceeding started before commencement
- 157 Continuing investigations
- 158 Appeals
- 159 Existing registrations
- 160 Existing approvals
- 161 Existing applications for registration
- 162 Continuing effect of qualifications under repealed Act
- 163 Matters about prescribed examinations
- 164 Fees for prescribed examinations
- 165 Refund of fees—approved architectural company
Division 3 - Transitional provision for Architects Amendment Act 2010
- 166 Certain applications to be dealt with under pre-amended Act
- 167 Prospective application of ss 36AA and 69AA
Division 4 - Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020
- 168 Continued limitation of time for particular summary proceedings