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TASMANIA
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LAND VALUERS AMENDMENT BILL (No. 2)
2002
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 substituted
6. Complaints relating to land valuers
6. Section 7 amended (Investigations)
7. Section 9 amended (Grounds for disciplinary action)
8. Section 11 repealed
9. Section 19 substituted
19. Regulations
10. Schedule 1 amended (Savings and Transitional
Provisions)
[Bill 54]-IV
2
LAND VALUERS AMENDMENT BILL (No. 2)
2002
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Land Valuers Act 2001 to
provide for transitional arrangements
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Land Valuers Amendment
Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Land Valuers Act 2001* is referred to as
the Principal Act.
*No. 101 of 2001
[Bill 54] 3
s. 4 No. Land Valuers Amendment (No. 2) 2002
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended by omitting
the definition of "land valuer" and substituting the
following definition:
"land valuer" means a person who carries on the
business, or is engaged in the business, that
consists of, or involves, valuing land and, for
the purposes of Part 2, includes a person who
was at any time registered under the repealed
Act;
Section 6 substituted
5. Section 6 of the Principal Act is repealed and the
following section is substituted:
Complaints relating to land valuers
6. (1) The Director may receive a complaint
(a) relating to this Act with respect to the
conduct of a land valuer; or
(b) relating to the conduct of a land valuer
where the conduct occurred before the
commencement day.
(2) On receipt of a complaint under
subsection (1)(a) relating to a land valuer, the
Director must consider whether there are grounds
for disciplinary action against the land valuer under
section 9.
(3) On receipt of a complaint under
subsection (1)(b) relating to a land valuer, the
Director must consider whether there are grounds
for disciplinary action against the land valuer under
section 9(b) or (c).
4
2002 Land Valuers Amendment (No. 2) No. s. 6
Section 7 amended (Investigations)
6. Section 7 of the Principal Act is amended by inserting
after subsection (1) the following subsection:
(1A) For the purposes of an investigation into
the conduct of a land valuer where the conduct
occurred before the commencement day
(a) the Director may rely on the results of
any investigation made by the Valuers
Registration Board before that day and
any findings made by the Board in that
investigation; and
(b) any evidence obtained by the Board for
any such purpose is taken to have been
obtained by the Director.
Section 9 amended (Grounds for disciplinary action)
7. Section 9(a) of the Principal Act is amended by
inserting "after the commencement day" after "Fair
Trading Act 1990".
Section 11 repealed
8. Section 11 of the Principal Act is repealed.
Section 19 substituted
9. Section 19 of the Principal Act is repealed and the
following section is substituted:
5
s. 10 No. Land Valuers Amendment (No. 2) 2002
Regulations
19. (1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of
subsection (1), the regulations may provide for
matters of a savings or transitional nature
consequent on the repeal of the Valuers Registration
Act 1974 effected by section 25.
Schedule 1 amended (Savings and Transitional
Provisions)
10. Clause 1 of Schedule 1 to the Principal Act is amended
as follows:
(a) by inserting the following subclause after
subclause (2):
(2A) If it is necessary or expedient to do
so for the purposes of subclause (2), the
Director may perform any function or exercise
any power that, immediately before the
commencement day, was vested in the Board.
(b) by omitting from subclause (3) "subclause (1)
or (2)" and substituting "this clause".
6 Government Printer, Tasmania