Queensland Consolidated Acts

PROFESSIONAL ENGINEERS ACT 2002

TABLE OF PROVISIONS

           Long Title

           Contents

           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

           Division 4--Interpretation

   7.      Definitions
   7A.     Areas of engineering

           Part 2--Registration of professional engineers

           Division 1--Preliminary

   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
   32.     Notification about particular matters
   32A.    Notification of disciplinary action 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 heath assessment and report
   35I.    Use of health assessment report

           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.     Offences
   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 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
   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.     Report about person's criminal history

           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

           Division 8--Register

   102.    Keeping register
   103.    Inspection of register

           Division 9--Other provisions about the board

   104.    Application of other Acts
   105.    Board's common seal
   106.    Board to reimburse tribunal costs
   107.    Matters to be included in annual report

           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

   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

           Part 8--Reviews and disciplinary proceedings

           Division 1--Preliminary

   120.    Application of Tribunal Act

           Division 2--Reviews

   122.    Review of particular decisions
   124.    Stay of operation of decision
   126.    Information about review

           Division 3--Disciplinary proceedings

   127.    Tribunal may conduct disciplinary proceeding
   128.    Starting disciplinary proceeding
   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.    Summary proceedings for offences
   140.    False or misleading information or statements

           Part 10--Other matters

   141.    Performance and carrying out of professional engineering services by particular entities
   142.    Protection from liability
   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
           SCHEDULE 2 DICTIONARY
           Endnotes