SURVEYORS ACT 2003 - As at 1 February 2024 - Act 70 of 2003
- As at 1 February 2024
- Act 70 of 2003
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Purposes of Act
- 4 Act binds all persons
- 5 Mutual recognition legislation not affected
- 6 Definitions
PART 2 - SURVEYORS BOARD OF QUEENSLAND
Division 1 - Establishment, functions and powers
- 7 Establishment of board
- 8 Board’s relationship with the State
- 9 Functions of board
- 10 Board’s independence etc.
- 11 Powers of board
Division 2 - Membership
- 12 Membership of board
- 13 Nominations for appointment to board
- 14 Chairperson of board
- 15 Term of appointment
- 16 Disqualification from membership
- 17 Investigations about eligibility for appointment
- 18 Criminal history is confidential document
- 19 Vacation of office
- 20 When notice of resignation takes effect
- 21 Casual vacancy in member’s office
- 22 Leave of absence for a member
- 23 Effect of vacancy or irregularity in membership of board
- 24 Remuneration and other entitlements of members
Division 3 - Board business
- 25 Conduct of business
- 26 Times and places of meetings
- 27 Quorum
- 28 Presiding at meetings
- 29 Conduct of meetings
- 30 Minutes
Division 4 - Disclosure of interests by members
- 31 Disclosure of interests
Division 5 - Directions by Minister
- 32 Minister’s power to give directions in the public interest
Division 6 - Annual report
- 33 Matters to be included in annual report
Division 7 - Other provisions about the board
PART 3 - REGISTRATION AND REGISTRATION ENDORSEMENTS
Division 1 - Eligibility
- 36 Eligibility for registration or registration endorsement—individuals
- 37 Suitability of individual for registration or registration endorsement
- 38 Eligibility for registration and registration endorsement—corporations
Division 2 - Competency assessment
Subdivision 1 - Competency frameworks
- 39 Establishing competency frameworks
- 40 Publishing competency frameworks
Subdivision 2 - Accredited entities
- 41 Accreditation of entities for assessing competency
- 42 Record of accredited entities
Subdivision 3 - Assessing competency
- 43 Who may assess competency
- 44 Application for competency assessment
Division 3 - Applications for registration and registration endorsement
- 45 Procedural requirements for application
- 46 Additional requirements for application by corporation
- 47 Additional requirements for application for registration as an emeritus surveyor
- 48 Board’s powers before deciding application
- 49 Deciding application
- 50 Steps to be taken after application decided
- 51 Term of registration or registration endorsement
- 52 Registration certificate
- 53 Failure to decide application
Division 4 - Renewing registration and registration endorsement
- 54 Application for renewal
- 55 Board’s powers before deciding application
- 56 Deciding application
- 57 Steps to be taken after application decided
- 58 Failure to decide application
Division 5 - Restoring expired registrations and registration endorsements
- 59 When application to restore registration or registration endorsement may be made
- 60 Procedural requirements for applications to restore registration or registration endorsement
- 61 Previous conditions continue for expired registration or registration endorsement
- 62 How division 4 applies for applying to restore registration or registration endorsement
Division 6 - Amending, suspending, cancelling and surrendering registrations and registration endorsements
- 63 Amending, suspending or cancelling registration or registration endorsement
- 64 Procedure for amendment, suspension or cancellation
- 65 Effect of suspension on renewal
- 66 Returning registration certificate on cancellation of registration or registration endorsement
- 67 Surrendering registration or registration endorsement
Division 7 - Register
Division 8 - Offences about registrations, registration endorsements and registers
- 69 False or misleading information given by applicant
- 70 False or misleading documents given by applicant
- 71 Offences about register
- 72 Notice of change in circumstances
- 73 Claims by persons as to registration
- 74 Claims by persons as to other persons’ registration
- 75 Carrying out cadastral surveys
- 76 Carrying on a business providing cadastral surveying services
- 77 Compliance with disciplinary conditions
Division 9 - Miscellaneous
- 78 Replacement or duplication of registration certificate
PART 4 - OBLIGATIONS OF REGISTRANTS AND OTHER PERSONS
Division 1 - General
- 79 Notification of business name
Division 2 - Code of practice and other matters about professional conduct
- 80 Board must develop a code of practice
- 81 When code of practice has effect
- 82 Inspection and notification of code
- 83 Use of code of practice in disciplinary proceedings
- 84 Certificates etc. not to be false or misleading
PART 5 - COMPLAINTS AND INVESTIGATIONS ABOUT REGISTRANTS’ PROFESSIONAL CONDUCT
Division 1 - Complaints and investigation
- 85 Complaints about registrant’s professional conduct
- 86 Board’s power to deal with matter without investigation of the registrant’s professional conduct
- 87 Board may authorise investigation of registrant’s professional conduct
Division 2 - Action following investigation
Subdivision 1 - Investigator’s report and board’s decision on investigation
- 88 Investigator’s report about investigation
- 89 Board’s decision on investigation
- 90 Board’s notice, and implementation, of its decision on investigation
Subdivision 2 - Taking disciplinary action
- 91 Disciplinary action by professional conduct review panel
- 92 Protection against self-incrimination
93. (Repealed)
PART 6 - DISCIPLINARY PROCEEDINGS BY QCAT
- 94 Jurisdiction of QCAT
95. (Repealed)
96. (Repealed)
97. (Repealed)
98. (Repealed)
99. (Repealed)
100. (Repealed)
101. (Repealed)
102. (Repealed)
103. (Repealed)
104. (Repealed)
105. (Repealed)
106. (Repealed)
107. (Repealed)
108. (Repealed)
109. (Repealed)
110. (Repealed)
111. (Repealed)
112. (Repealed)
113. (Repealed)
114. (Repealed)
115. (Repealed)
116. (Repealed)
117. (Repealed)
- 118 Decision about whether ground for disciplinary action is established
- 119 Decision about disciplinary action against registrant, other than former registrant
- 120 Decision about disciplinary action against former registrant
- 121 Matters QCAT must consider in making decision about disciplinary action
- 122 QCAT’s power to order costs
123. (Repealed)
- 124 Board may notify other persons
125. (Repealed)
126. (Repealed)
- 127 Disciplinary action to be recorded in register
PART 7 - INVESTIGATORS
Division 1 - Functions and powers generally
- 128 Functions of investigator
- 129 Powers of investigator
Division 2 - Appointment of investigators and other matters
- 130 Appointment
- 131 Appointment conditions and limit on powers
- 132 Issue of identity card
- 133 Production or display of identity card
- 134 Resignation
- 135 Return of identity card
Division 3 - Particular powers of investigators
Subdivision 1 - Power to obtain information
- 136 Power to require information or attendance
- 137 Offences
- 138 Inspection of produced things
Subdivision 2 - Entry of places
- 139 Power to enter places
Subdivision 3 - Procedure for entry
- 140 Entry with consent
- 141 Application for warrant
- 142 Issue of warrant
- 143 Warrants—procedure before entry
Subdivision 4 - Powers after entry
- 144 General powers after entering places
- 145 Failure to help investigator
- 146 Failure to give information
Subdivision 5 - Power to seize evidence
- 147 Seizing evidence at public place if entry made when place open
- 148 Seizing evidence at a place that may only be entered with consent or warrant
- 149 Securing seized things
- 150 Tampering with seized things
- 151 Receipt for seized things
- 152 Forfeiture of seized things
- 153 Dealing with forfeited things
- 154 Return of seized things
- 155 Access to seized things
Division 4 - General investigation matters
- 156 Investigator’s obligation not to cause unnecessary damage
- 157 Notice of damage
- 158 Compensation
- 159 False or misleading information given to investigator
- 160 False or misleading documents given to investigator
- 161 Obstruction of investigator
- 162 Impersonation of investigator
PART 8 - REVIEW OF DECISIONS BY QCAT
- 163 Who may apply for review
164. (Repealed)
165. (Repealed)
166. (Repealed)
167. (Repealed)
168. (Repealed)
PART 9 - (Repealed)
PART 10 - LEGAL PROCEEDINGS
Division 1 - Evidence
- 177 Application of div 1
- 178 Appointments and authority
- 179 Signatures
- 180 Evidentiary matters
Division 2 - Proceedings
- 181 Summary proceedings for offences
- 182 Allegations of false or misleading information or documents
- 183 Penalties to be paid to board
- 184 Responsibility for acts or omissions of representatives
185. (Repealed)
PART 11 - MISCELLANEOUS
- 186 Board’s power to decide fee for producing a copy of a document
- 187 Board may authorise investigation of compliance by persons, other than registrants, with Act
- 188 Board’s power to correct work and recover costs
- 188A Board may make guidelines
- 188B Board may delegate functions to board members
- 189 Protecting officials from liability
- 190 Confidentiality
- 190A Particular searches free of charge
- 191 Approval of forms
- 192 Regulation-making power
PART 12 - TRANSITIONAL AND REPEAL PROVISIONS FOR ACT NO. 70 OF 2003
Division 1 - Transitional references
- 193 Application of div 1
- 194 References to repealed Act
- 194A References
- 195 References to president appointed under repealed Act
- 196 References to authorised surveyors
- 197 References to surveyor-general
- 198 References to persons holding column 1 registrations
Division 2 - Other transitional provisions
- 199 Continuation of existing members’ membership
- 200 Existing registrations
- 201 Existing applications for column 1 registrations
- 202 Suspended registrations
- 203 Approval of business names under repealed Act
204. (Repealed)
Division 3 - Repeal
- 205 Repeal of Surveyors Act 1977
PART 13 - TRANSITIONAL PROVISIONS FOR NATURAL RESOURCES AND OTHER LEGISLATION AMENDMENT ACT 2010
- 206 Definitions for pt 13
- 207 Existing application for registration or renewal by corporation
- 208 Continuation of board members
- 209 Existing board members
