PROFESSIONAL ENGINEERS ACT 2002 - As at 1 February 2024 - Act 54 of 2002
- As at 1 February 2024 - Act 54 of 2002Table of Provisions
PART 1 - PRELIMINARY
Division 1 - Introduction
Division 2 - Objects
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
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
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
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
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
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 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
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
- 101A Delegation by registrar
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 disciplinary proceeding
PART 6A - ASSESSMENT ENTITIES AND SCHEMES
Division 1 - Preliminary
- 112A Definitions for pt 6A
Division 2 - Suitability of assessment schemes
- 112B Suitability of assessment schemes for approval
Division 3 - Applications relating to assessment schemes
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
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
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
- 168 Definitions for this division
- 169 Certain applications to be dealt with under pre-amended Act
- 170 Continuing registration requirements for preserved areas of engineering
- 171 Application of preserved areas of engineering to certain provisions