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PROFESSIONAL ENGINEERS ACT 2002 - As at 1 February 2024 - Act 54 of 2002

- As at 1 February 2024 - Act 54 of 2002

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement

Division 2 - Objects

  • 3 Main objects of Act
  • 4 How main objects are achieved

Division 3 - Application of Act

  • 5 Act binds all persons
  • 6 Mutual recognition legislation not affected
  • 6A Extraterritorial application of Act

Division 4 - Interpretation

PART 2 - REGISTRATION OF PROFESSIONAL ENGINEERS

Division 1 - Preliminary

  • 7B Types of registration as a professional engineer
  • 8 Applying for registration

Division 2 - Eligibility for registration

  • 9 Eligibility
  • 10 When applicant is qualified for registration
  • 11 Fitness to practise as a registered professional engineer

Division 3 - Decision on applications for registration

  • 12 Deciding application
  • 13 Grant of application
  • 14 Refusal of application
  • 15 Period of 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 5A - Further conditions imposed on registration

  • 27A Imposition of certain conditions on registration

Division 6 - Cancellation and immediate suspension of registrations

  • 28 Grounds for cancellation
  • 29 Procedure for cancellation
  • 29A Immediate suspension of registration

Division 7 - Offences

  • 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
  • 32C Amending or replacing certificates of registration after certain conditions imposed

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 a registered professional engineer
  • 35B Report about relevant person’s criminal history
  • 35C Information about relevant persons from assessment entities

PART 2A - HEALTH ASSESSMENTS

  • 35D Definitions for pt 2A
  • 35E Health assessment
  • 35F Appointment of health assessor
  • 35G Health assessment report
  • 35H Payment for health assessment and report
  • 35I Use of health assessment report

PART 2B - AUDITS OF REGISTERED PROFESSIONAL ENGINEERS

  • 35J Approved audit programs
  • 35K Power to require production of documents

PART 3 - COMPLAINTS AND INVESTIGATIONS

Division 1AA - Extended application of part 3

  • 36AA Application to former registered professional engineers

Division 1 - Grounds for disciplining registered professional engineers

  • 36 Grounds for disciplining a registered professional engineer

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 registered professional engineer’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

  • 46 Function of investigator
  • 47 Powers of investigator

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

  • 63 Notice of damage
  • 64 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 registered professional engineers
  • 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 registered professional engineer
  • 74 Notice of result of investigation about registered professional engineer
  • 74A Publishing of certain decisions on investigation about registered professional engineer
  • 75 Board’s decision about other investigations
  • 75A Other investigations—recording decision if person becomes registered professional engineer
  • 75B Publishing information if person other than registered professional engineer found guilty of offence
  • 76 Board to take action as soon as practicable

PART 5 - BOARD OF PROFESSIONAL ENGINEERS OF QUEENSLAND

Division 1 - Establishment

  • 77 Establishment of board
  • 78 Board’s relationship with the State
  • 79 Board’s independence etc.

Division 2 - Functions and powers

  • 80 Functions of board
  • 81 Powers of board

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

  • 98 Ministerial direction
  • 99 Performance agreement

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
  • 101A Delegation by registrar

Division 8 - Register

  • 102 Keeping register
  • 103 Inspection of 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 disciplinary proceeding

PART 6A - ASSESSMENT ENTITIES AND SCHEMES

Division 1 - Preliminary

Division 2 - Suitability of assessment schemes

  • 112B Suitability of assessment schemes for approval

Division 3 - Applications relating to assessment schemes

  • 112C Application for approval
  • 112D Application for renewal
  • 112E Application for variation

Division 4 - Referral of applications under this part to the board

  • 112F Minister to refer an application under this part to the board for assessment
  • 112G Consideration by board
  • 112H Further information or document to support application
  • 112I Report by board about application

Division 5 - Decision of Minister

  • 112J Decision on application
  • 112K Grant of application
  • 112L Grant of application with conditions
  • 112M Refusal of application

Division 6 - Term of approval

  • 112N Term of approval
  • 112O Approval continues pending decision about renewal

Division 7 - Cancellation, suspension and surrender of approval

  • 112P Grounds for cancellation and suspension
  • 112Q Show cause notice
  • 112R Consideration of representations
  • 112S Ending show cause process without further action
  • 112T Cancellation or suspension of approval
  • 112U Voluntary surrender of approval

Division 8 - Record of assessment entities

  • 112V Record of assessment entities

PART 7 - OTHER OFFENCE PROVISIONS

  • 113 Claims about being a registered professional engineer
  • 114 Using titles or names
  • 115 Who may carry out professional engineering services
  • 116. (Repealed) 117. (Repealed) 118. (Repealed) 119. (Repealed)

PART 8 - REVIEWS AND DISCIPLINARY PROCEEDINGS

Division 1 - Reviews

120. (Repealed) 121. (Repealed)
  • 122 Review of particular decisions
  • 123. (Repealed) 124. (Repealed) 125. (Repealed)
  • 126 Information about review

Division 2 - Disciplinary proceedings

  • 127 Tribunal may conduct disciplinary proceeding
  • 128. (Repealed)
  • 129 Tribunal to have regard to code of practice
  • 130 Continuation of particular proceeding
  • 131 Orders relating to registered professional engineer
  • 132 Orders relating to former registered professional engineer
  • 133 Effect of particular orders
  • 134 Recording details of orders

PART 9 - LEGAL PROCEEDINGS

Division 1 - Evidence

  • 135 Application of div 1
  • 136 Appointments and authority
  • 137 Signatures
  • 138 Evidentiary matters

Division 2 - Offence proceedings

  • 139 Proceedings for offences
  • 140 False or misleading information or statements
  • 140A Costs of investigation

PART 10 - OTHER MATTERS

  • 141 Performance and carrying out of professional engineering services by particular entities
  • 142 Protection from liability
  • 142A Appropriation of penalties
  • 142B Statutory declarations to verify information required under the Act
  • 143 Approval of forms
  • 144 Regulation-making power

PART 11 - REPEAL, TRANSITIONAL AND VALIDATING PROVISIONS

Division 1 - Repeal

  • 145 Repeal of Professional Engineers Act 1988

Division 2 - Transitional provisions for Act No. 54 of 2002

Subdivision 1 - Preliminary
  • 146 Definitions for div 2
  • Subdivision 2 - Transitional references
  • 147 References to repealed Act
  • 148 References to former board
  • Subdivision 3 - Other transitional provisions
  • 149 Dissolution of former board
  • 150 Particular members of former board continue in office
  • 151 First appointment of particular member
  • 152 Employees of former board
  • 153 Vesting of former board’s assets, rights and liabilities
  • 154 Vesting of former board’s pending legal proceedings
  • 155 Dissolution of disciplinary panel
  • 156 Complaints under repealed Act
  • 157 Disciplinary proceeding started before commencement
  • 158 Continuing investigations
  • 159 Appeals
  • 160 Existing registrations—individuals
  • 161 Existing registrations—divisions of engineering
  • 162 Existing registrations—other entities
  • 163 Existing applications for registration
  • 164 Continuing effect of qualifications under repealed Act
  • 165 Refund of fees—registered professional engineering company or unit

Division 3 - Validating provision

  • 166 Validating registration of professional engineers

Division 4 - Transitional provision for Professional Engineers and Other Legislation Amendment Act 2008, part 2

  • 167 Certain decisions made under part 6A to have effect from 1 July 2008

Division 5 - Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2008, part 3

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