Queensland Consolidated Acts

SURVEYORS ACT 2003

TABLE OF PROVISIONS

           Long Title

           Contents
           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

   34.     Board is a statutory body under the Financial Accountability Act 2009
   35.     Board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982

           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

   68.     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 a cadastral survey
   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.     Disciplinary action by disciplinary committee

           Part 6--Surveyors disciplinary committee

           Division 1--Establishment and functions of surveyors disciplinary committee

   94.     Establishment
   95.     When disciplinary committee ceases to exist
   96.     Functions

           Division 2--Membership of disciplinary committee

   97.     Membership
   98.     Payment of members

           Division 3--Proceedings of disciplinary committee

   99.     Notice of intention to conduct disciplinary proceedings by hearing
   100.    Substituted service on registrant and complainant
   101.    Procedure for hearing by disciplinary committee
   102.    Time and place of hearing
   103.    Evidence by telephone, video link or another form of communication
   104.    Hearing open to the public
   105.    Attendance and appearance at hearing
   106.    Disciplinary committee may exclude complainant or witness from hearing
   107.    Disciplinary committee may exclude disruptive person from hearing
   108.    Witnesses
   109.    Disciplinary committee may proceed in absence of registrant or may adjourn hearing
   110.    Questions to be decided by majority of disciplinary committee members
   111.    Procedure if committee member unable to participate further in the disciplinary proceedings
   112.    Inspection of things
   113.    Disciplinary committee to keep record of proceedings

           Division 4--Offences about disciplinary proceedings dealt with by disciplinary committee

   114.    Offences about attending hearing, answering questions and related matters
   115.    False or misleading information
   116.    False or misleading documents
   117.    Contempt of disciplinary committee

           Division 5--Decision on completion of disciplinary proceedings

   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 disciplinary committee must consider in making decision about disciplinary action
   122.    Disciplinary committee's power to order costs

           Division 6--Action after decision about disciplinary action

   123.    Notification of disciplinary committee's decision
   124.    Board may notify other persons

           Division 7--Effect of decision

   125.    Effect of disciplinary committee's decision
   126.    Implementation of decision
   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--Appeals to District Court

   163.    Who may appeal
   164.    How to start an appeal
   165.    Hearing procedures
   166.    Stay of operation of decision
   167.    Powers of court on appeal
   168.    Appointment of advisors

           Part 9--Appeals to court of appeal from decisions of disciplinary committee

   169.    Appealable decisions
   170.    Who may appeal
   171.    Appeal on questions of law only
   172.    How to start an appeal
   173.    Appellant to give notice of appeal to particular persons
   174.    Stay of operation of appealable decision
   175.    Hearing procedures
   176.    Powers of court on appeal

           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.    Executive officers must ensure corporation complies with Act

           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
   189.    Protecting officials from liability
   190.    Confidentiality
   191.    Approval of forms
   192.    Regulation-making power

           Part 12--Transitional provisions

           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

           Part 13--Repeal

   205.    Repeal of Surveyors Act 1977
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICES MUST BE GIVEN
           SCHEDULE 3 DICTIONARY
           Endnotes