Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Architects (Amendment) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE ARCHITECTS ACT 1991 3
3. Principal Act 3
4. Purposes 3
5. Definitions 3
6. New Part 2 substituted 4
PART 2--PROHIBITED CONDUCT 4
4. Representing a natural person to be an architect 4
5. Representing an unincorporated body to be an architect 4
6. Representing a body corporate to be an architect 5
7. When is a person or body represented as an architect? 5
8. Restriction on use of particular expressions 7
8A. Exceptions 7
8B. Offence to work as architect without required insurance 8
8C. Offence to represent to be insured when uninsured 8
8D. Restriction on provision of architectural services by
companies and partnerships 9
7. Application for registration to include proof of insurance 10
8. New heading to Division 2 of Part 3 10
9. Application for approval 10
10. Approval of a partnership 11
11. Approval of a company 11
12. Annual fees 11
13. New section 15A inserted 12
15A. Proof of required insurance 12
14. The Register 12
i
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Clause Page
15. New Division 5 inserted in Part 3 12
Division 5--Insurance 12
17A. Order requiring insurance 12
16. New Division 1 substituted and Division 1A inserted in Part 4 14
Victorian Legislation Parliamentary Documents
Division 1--Disciplinary Powers 14
18. Disciplinary powers of the Board 14
18A. Power to refer complaint to mediation 14
18B. Power to appoint person to assist Board 14
18C. Power to ask for more information 14
18D. Notice to complainant of Board's determination 15
Division 1A--Mediation 15
18E. Appointment of mediator 15
18F. Notice of mediation 15
18G. Procedure for mediation 15
18H. Report to Board 16
18I. Confidentiality 16
18J. Mediation does not prevent determination that inquiry
should be held 16
17. Appointment of Tribunal 16
18. New section 21 substituted and 21A inserted 17
21. Membership of Tribunal 17
21A. Appointment of panel 17
19. Remuneration 18
20. Repeal of section 23 (Chairperson) 18
21. Interested members 18
22. New section 36A inserted 18
36A. Suspension of registration 18
23. Board's powers 18
24. Revocation of suspension 19
25. Review by VCAT 19
26. Powers and duties of Board 20
27. Members of the Board 20
28. Procedure of Board 20
29. Evidence of Register 21
30. Statement of Registrar 21
31. Regulations 21
32. New section 77 inserted 22
77. Transitional--Effect of change of membership 22
33. New section 78 inserted 22
78. Transitional--Existing approvals 22
ii
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Clause Page
PART 3--AMENDMENTS TO OTHER ACTS 23
Division 1--Amendments to Building Act 1993 23
34. Definitions 23
35. Insured architect 23
Victorian Legislation Parliamentary Documents
36. Architect member of the Building Practitioners Board 23
37. New section 268 inserted 24
268. Transitional--Effect of change of membership 24
Division 2--Amendment to Domestic Building Contracts Act 1995 24
38. Definition of insurer 24
ENDNOTES 25
iii
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 4 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to amend the Architects Act 1991, the Building Act 1993 and the
Domestic Building Contracts Act 1995 and for other purposes.
Architects (Amendment) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Architects Act 1991--
(i) in relation to prohibited conduct;
5
(ii) to change the requirements for approval
of partnerships and companies;
1
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 1--Preliminary
s. 2
(iii) to enable the resolution of complaints
by mediation;
(iv) to modify the eligibility criteria for
membership of a Tribunal;
Victorian Legislation Parliamentary Documents
(v) to provide for two additional members
5
of the Architects Registration Board of
Victoria;
(vi) to require architects to be covered by
insurance;
(b) to amend the Building Act 1993--
10
(i) to provide for a member of the
Architects Registration Board of
Victoria to be a member of the Building
Practitioners Board;
(ii) to make amendments consequential to
15
the amendments to the Architects Act
1991;
(c) to make consequential amendments to the
Domestic Building Contracts Act 1995.
2. Commencement
20
(1) This Act comes into operation on a day or days to
be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2005, it comes into
operation on that day.
25
__________________
2
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 3
See:
PART 2--AMENDMENTS TO THE ARCHITECTS ACT 1991
Act No.
13/1991.
3. Principal Act Reprint No. 2
as at
Victorian Legislation Parliamentary Documents
In this Part, the Architects Act 1991 is called the 20 August
1998
Principal Act. and
amending
4. Purposes
5 Act Nos
17/1999 and
(1) For section 1(b) of the Principal Act substitute-- 72/2001.
LawToday:
"(b) to provide for the approval of partnerships www.dms.
dpc.vic.
and companies providing architectural gov.au
services;".
(2) For section 1(e) of the Principal Act substitute--
10
'(e) to regulate the use of the terms "architect",
"architectural services", "architectural design
services" and "architectural design";'.
5. Definitions
(1) In section 3(1) of the Principal Act, for the
15
definition of "approved architectural company"
substitute--
' "approved company" means a company that is
approved under section 14;'.
(2) In section 3(1) of the Principal Act, for the
20
definition of "approved architectural partnership"
substitute--
' "approved partnership" means a partnership
that is approved under section 13;'.
(3) In section 3(1) of the Principal Act, for the
25
definition of "architect" substitute--
' "architect", except in Part 2, means a natural
person who is registered as an architect
under section 11; '.
(4) In section 3(1) of the Principal Act, the definitions
30
of "domestic partner" and "spouse" are repealed.
3
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 6
(5) In section 3(1) of the Principal Act insert the
following definitions--
' "represent" in Part 2, includes claim and hold
out;
Victorian Legislation Parliamentary Documents
"required insurance" means the insurance
5
required by order under section 17A;'.
(6) Section 3(2) of the Principal Act is repealed.
6. New Part 2 substituted
For Part 2 of the Principal Act substitute--
'PART 2--PROHIBITED CONDUCT
10
4. Representing a natural person to be an
architect
(1) A natural person must not represent himself
or herself to be an architect and must not
allow himself or herself to be represented to
15
be an architect unless he or she is registered
as an architect under this Act.
Penalty: 60 penalty units.
(2) A person must not represent a natural person
to be an architect if the person knows or
20
ought reasonably to know that the natural
person is not registered as an architect under
this Act.
Penalty: 60 penalty units.
5. Representing an unincorporated body to
25
be an architect
(1) A body (other than a body corporate) must
not represent itself to be an architect and
must not allow itself to be represented to be
an architect unless it is an approved
30
partnership.
4
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 6
(2) If a body fails to comply with sub-section
(1), each member of the body is guilty of an
offence and liable to a penalty not exceeding
60 penalty units.
Victorian Legislation Parliamentary Documents
(3) A person must not represent a body (other
5
than a body corporate) to be an architect if
the person knows or ought reasonably to
know that the body is not an approved
partnership.
Penalty: 60 penalty units.
10
6. Representing a body corporate to be an
architect
(1) A body corporate must not represent itself to
be an architect and must not allow itself to be
represented to be an architect unless it is an
15
approved company.
Penalty: 60 penalty units.
(2) A person must not represent a body
corporate to be an architect if the person
knows or ought reasonably to know that the
20
body corporate is not an approved company.
Penalty: 60 penalty units.
7. When is a person or body represented as
an architect?
(1) Without limiting the ways in which a person
25
or body can be considered to be represented
to be an architect, using any of the following
titles, names or descriptions constitutes such
a representation--
(a) the title "architect";
30
(b) any other title, name or description that
indicates, or is capable of being
understood to indicate, or is calculated
to lead a person to infer, that the person
5
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 6
or body is an architect or is registered
or approved under this Act.
(2) Without limiting the ways in which a person
can be considered to be represented to be an
Victorian Legislation Parliamentary Documents
architect, a representation that the person
5
provides the services of an architect
constitutes a representation that the person is
an architect.
(3) Without limiting the ways in which a body
can be considered to be represented to be an
10
architect, a representation that the body--
(a) consists of or comprises one or more
architects; or
(b) provides the services of an architect; or
(c) is registered or approved under this
15
Act--
constitutes a representation that the body is
an architect.
(4) Without limiting the ways in which a person
or body can be considered to be represented
20
to be an architect, the making or publication
of a statement or document that states or
implies that the person or body--
(a) is an architect; or
(b) practises as an architect; or
25
(c) undertakes or is willing to undertake
work as an architect--
constitutes a representation that the person or
body is an architect.
6
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 6
8. Restriction on use of particular
expressions
(1) A person or body (other than a person who is
registered as an architect under this Act or an
Victorian Legislation Parliamentary Documents
approved partnership or an approved
5
company) must not use any of the terms
"architectural services", "architectural design
services" or "architectural design" in relation
to--
(a) the design of buildings or parts of
10
buildings by that person or body; or
(b) the preparation of plans, drawings or
specifications for buildings or parts of
buildings by that person or body.
Penalty: 60 penalty units.
15
(2) If a body (other than a body corporate) fails
to comply with sub-section (1), each member
of the body is guilty of an offence and liable
to a penalty not exceeding 60 penalty units.
8A. Exceptions
20
(1) This Part does not prevent--
(a) a person from using the title or
description of "landscape architect",
"naval architect" or "computer systems
architect"; or
25
(b) a person from using any name, title or
description prescribed by the
regulations in such circumstances and
subject to such restrictions as are
prescribed by the regulations.
30
(2) Section 4 does not operate to prevent any
person employed in providing architectural
services as an officer or employee of the
public service of Victoria or of the
Commonwealth or as an officer or employee
35
7
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 6
of any public statutory authority in respect of
that person's employment as an officer or
employee from representing himself or
herself, or from being represented as, an
Victorian Legislation Parliamentary Documents
architect.
5
(3) Sections 5 and 6 do not operate to prevent a
body approved by the Board under this sub-
section from representing itself, or from
being represented, as an architect.
8B. Offence to work as architect without
10
required insurance
(1) A person must not carry out work as an
architect unless that person is covered by the
required insurance.
Penalty: 100 penalty units, in the case of a
15
natural person;
500 penalty units, in the case of a
body corporate.
(2) Sub-section (1) does not apply to--
(a) persons employed by or working under
20
the supervision of a person who is
registered as an architect under this Act
and who is covered by the required
insurance; or
(b) an approved company.
25
8C. Offence to represent to be insured when
uninsured
A person who is not covered by the required
insurance, must not--
(a) represent himself or herself or itself as
30
covered by the required insurance; or
8
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 6
(b) allow himself or herself or itself to be
represented as being covered by the
required insurance.
Penalty: 100 penalty units, in the case of a
Victorian Legislation Parliamentary Documents
natural person;
5
500 penalty units, in the case of a
body corporate.
8D. Restriction on provision of architectural
services by companies and partnerships
(1) An approved company must not provide
10
architectural services unless--
(a) a director of the company who is
registered as an architect under this Act
is responsible for the carrying out of the
services; and
15
(b) the services are carried out by or under
the supervision of a person who is
registered as an architect under this
Act.
Penalty: 60 penalty units.
20
(2) An approved partnership must not provide
architectural services unless--
(a) a member of the partnership who is
registered as an architect under this Act
is responsible for the carrying out of the
25
services; and
(b) the services are carried out by or under
the supervision of a person who is
registered as an architect under this
Act.
30
(3) If an approved partnership fails to comply
with sub-section (2), each member of the
partnership is guilty of an offence and liable
to a penalty not exceeding 60 penalty units.'.
9
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 7
7. Application for registration to include proof of
insurance
For section 9(2) of the Principal Act substitute--
Victorian Legislation Parliamentary Documents
"(2) An application must--
(a) be in the prescribed form; and
5
(b) state each prescribed class of
registration sought; and
(c) be in accordance with the regulations;
and
(d) be accompanied by the relevant
10
prescribed fee; and
(e) if the applicant is required by an order
under section 17A to be covered by
insurance, include proof that the
applicant is covered by the required
15
insurance.".
8. New heading to Division 2 of Part 3
For the heading to Division 2 of Part 3 of the
Principal Act substitute--
"Division 2--Approval of Partnerships and
20
Companies".
9. Application for approval
(1) For section 12(1) of the Principal Act
substitute--
"(1) An application for approval of a partnership
25
or company under this Act may be made to
the Board.".
(2) In section 12(3) of the Principal Act, for
"an architectural partnership" substitute
"a partnership".
30
10
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 10
10. Approval of a partnership
(1) Insert the following heading to section 13 of the
Principal Act--
Victorian Legislation Parliamentary Documents
"Approval of a partnership".
(2) For section 13(1) of the Principal Act
5
substitute--
"(1) The Board may approve a partnership for the
purposes of this Act if at least one of the
partners is an architect who is covered by the
required insurance.".
10
11. Approval of a company
(1) Insert the following heading to section 14 of the
Principal Act--
"Approval of a company".
(2) For section 14(1) of the Principal Act
15
substitute--
"(1) The Board may approve a company for the
purposes of this Act if satisfied that--
(a) the constitution of the company
provides that one of the purposes of the
20
company is the practise of architecture;
and
(b) at least one director is an architect who
is covered by the required insurance.".
(3) Section 14(2) of the Principal Act is repealed.
25
12. Annual fees
(1) In section 15(1) of the Principal Act, for
"approved architectural partnership and approved
architectural company" substitute "approved
partnership and approved company".
30
11
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 13
(2) In section 15(3) of the Principal Act, for
"approved architectural partnership or approved
architectural company" substitute "approved
partnership or approved company".
Victorian Legislation Parliamentary Documents
13. New section 15A inserted
5
After section 15 of the Principal Act insert--
"15A. Proof of required insurance
Every architect who is required under this
Act to be covered by insurance must, by
1 July in each year, give written proof to the
10
Board that he or she will be covered by the
required insurance--
(a) until 30 June of the following year; or
(b) subject to such conditions as the Board
may impose, any lesser period
15
approved by the Board.".
14. The Register
In section 16 of the Principal Act, for "approved
architectural partnership, approved architectural
company" substitute "approved partnership,
20
approved company".
15. New Division 5 inserted in Part 3
After Division 4 of Part 3 of the Principal Act
insert--
'Division 5--Insurance
25
17A. Order requiring insurance
(1) The Minister may, by order published in the
Government Gazette--
(a) require architects or any specified class
or classes of architects to be covered by
30
insurance; and
12
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 15
(b) specify the kind and amount of
insurance by which architects or
architects in a specified class of
architect are required to be covered.
Victorian Legislation Parliamentary Documents
(2) An order under sub-section (1) or sub-
5
section (4) must state the date on which the
order takes effect which must not be earlier
than one month after the date of publication
of the order in the Government Gazette.
(3) The Minister may in a particular case vary
10
any excess specified in an order under sub-
section (1) if the Minister is satisfied that it is
appropriate to do so.
(4) The Minister may, by order published in the
Government Gazette, amend or revoke an
15
order made under sub-section (1).
(5) The Minister must consult with the Board
before making an order under this section.
(6) For the purposes of this Act, a person is
covered by the required insurance if--
20
(a) the person holds the required insurance;
or
(b) the person is not a party to the required
insurance but is specified or referred to
in the insurance, whether by name or
25
otherwise, as a person to whom the
insurance cover extends.
(7) In this section "insurance" includes--
(a) professional indemnity insurance;
(b) an indemnity;
30
(c) public liability insurance;
(d) insurance taken out by any body or
person which covers the work of the
architect;
13
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 16
(e) an agreement or instrument in the
nature of an item set out in
paragraphs (a) to (d).'.
16. New Division 1 substituted and Division 1A inserted
Victorian Legislation Parliamentary Documents
in Part 4
5
For Division 1 of Part 4 of the Principal Act
substitute--
"Division 1--Disciplinary Powers
18. Disciplinary powers of the Board
The Board, on its own initiative or on the
10
complaint of any person, may determine that
an inquiry should or should not be held
under this Part into an architect's fitness to
practise or professional conduct.
18A. Power to refer complaint to mediation
15
(1) The Board may refer a complaint to
mediation under Division 1A if the Board
considers it appropriate to do so.
(2) A complaint may only be referred to
mediation if the person making the
20
complaint and the architect concerned
consent to that referral.
18B. Power to appoint person to assist Board
The Board may appoint a person to assist it
in determining whether or not an inquiry
25
should be held under this Part.
18C. Power to ask for more information
Before a determination is made under
section 18, the Board or a person appointed
under section 18B may--
30
(a) ask the complainant for further
information;
14
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 16
(b) provide the architect concerned with
details of the matter and ask the
architect to provide the Board with
information in relation to the matter.
Victorian Legislation Parliamentary Documents
18D. Notice to complainant of Board's
5
determination
The Board must give written notice to any
person who has made a complaint to the
Board about an architect of its determination
that an inquiry should or should not be held
10
under this Part into that architect's fitness to
practise or professional conduct.
Division 1A--Mediation
18E. Appointment of mediator
(1) The Board must appoint a person as mediator
15
for each complaint referred under Division 1
for mediation.
(2) A person appointed under sub-section (1)
must hold qualifications in, or be
experienced in the conduct of, mediations.
20
18F. Notice of mediation
(1) The Board must give written notice in
accordance with the regulations of a
mediation to the complainant and the
architect concerned setting out the time and
25
place that the mediation will be held.
(2) A mediation must be held in relation to a
complaint before the end of 28 days after the
referral of the complaint to mediation.
18G. Procedure for mediation
30
Subject to the regulations, the procedure for
mediation is at the discretion of the mediator.
15
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 17
18H. Report to Board
The mediator of a complaint must report in
writing to the Board--
Victorian Legislation Parliamentary Documents
(a) on whether or not the mediation has
been successful; or
5
(b) if the mediation does not take place
within 28 days after the Board refers
the complaint for mediation.
18I. Confidentiality
(1) A mediator who mediates a complaint cannot
10
be appointed as a member of the Tribunal to
conduct any inquiry into a matter to which
the complaint relates.
(2) Anything said or done in the course of
mediation must be kept confidential and
15
cannot be used in any inquiry under this Part,
unless all parties to the mediation agree in
writing to the use of the information.
18J. Mediation does not prevent determination
that inquiry should be held
20
Nothing in this Division prevents the Board
from determining under Division 1 that an
inquiry should or should not be held under
this Part into an architect's fitness to practise
or professional conduct.".
25
17. Appointment of Tribunal
In section 20 of the Principal Act omit "on its
behalf".
16
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 18
18. New section 21 substituted and 21A inserted
For section 21 of the Principal Act substitute--
"21. Membership of Tribunal
Victorian Legislation Parliamentary Documents
(1) A Tribunal must consist of--
(a) one person who is a practising
5
architect; and
(b) one person who is not an architect; and
(c) one person who is a representative of
consumer interests.
(2) The members of a Tribunal must be chosen
10
from a panel of persons appointed by the
Minister under section 21A.
(3) A member of the Board cannot be a member
of a Tribunal.
(4) At least one member of a Tribunal is to be a
15
person with legal experience and knowledge.
(5) A Tribunal must elect one of its members to
be the Chairperson of the Tribunal.
21A. Appointment of panel
(1) The Minister may appoint persons
20
recommended under this section to a panel
for the purposes of this Part.
(2) The Director of Consumer Affairs Victoria
may recommend to the Minister persons who
are representative of consumer interests for
25
appointment to the panel.
(3) The Board may recommend to the Minister
practising architects and other suitably
qualified persons for appointment to the
panel.".
30
17
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 19
19. Remuneration
(1) In section 22(1) of the Principal Act omit "(other
than a member of the Board)".
Victorian Legislation Parliamentary Documents
(2) Section 22(2) of the Principal Act is repealed.
20. Repeal of section 23 (Chairperson)
5
Section 23 of the Principal Act is repealed.
21. Interested members
(1) Section 29(1)(b) of the Principal Act is repealed.
(2) In section 29(1)(c) of the Principal Act omit "the
Tribunal or".
10
(3) Section 29(2) of the Principal Act is repealed.
22. New section 36A inserted
After section 36 of the Principal Act insert--
"36A. Suspension of registration
(1) Without holding an inquiry, if an architect is
15
required under this Act to be covered by the
required insurance, the Board may suspend
the architect's registration if--
(a) the architect has not provided the
required proof of insurance under
20
section 15A; or
(b) the Board is satisfied that the person is
not covered by the required insurance.
(2) The Board must give written notice of the
suspension to the person concerned.".
25
23. Board's powers
(1) In section 37(2) of the Principal Act, for
"an architectural partnership" substitute
"a partnership".
18
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 24
(2) In section 37(3) of the Principal Act, for
"an architectural company" substitute
"a company".
(3) In section 38(2) of the Principal Act, for
Victorian Legislation Parliamentary Documents
"an architectural partnership's or
5
architectural company's" substitute
"a partnership's or company's".
(4) In section 39(2) of the Principal Act for
"an approved architectural partnership or an
approved architectural company" substitute
10
"an approved partnership or an approved
company".
24. Revocation of suspension
After section 40(1) of the Principal Act insert--
"(1A) The Board must revoke the suspension of a
15
person's registration under section 36A if the
person gives the Board written proof that he
or she is covered by the required insurance.".
25. Review by VCAT
(1) Insert the following heading to section 42 of the
20
Principal Act--
"Review by VCAT--architects".
(2) In section 42(1)(d) of the Principal Act, for
"section 36" substitute "section 36 or 36A".
(3) In section 42(2) of the Principal Act for "not to
25
institute an inquiry" substitute "that an inquiry
should not be held".
(4) Insert the following heading to section 43 of the
Principal Act--
"Review by VCAT--approved partnerships
30
and approved companies".
19
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 26
26. Powers and duties of Board
(1) In section 46(g) of the Principal Act, for
"architectural partnerships and architectural
companies" substitute "partnerships and
Victorian Legislation Parliamentary Documents
companies".
5
(2) For section 46(i) of the Principal Act substitute--
"(i) regulate the professional conduct of
architects, approved partnerships and
approved companies;".
27. Members of the Board
10
(1) In section 47(1) of the Principal Act, for
"8 members" substitute "10 members".
(2) After section 47(2)(c) of the Principal Act
insert--
"(ca) two shall be appointed as representatives of
15
the building industry and be nominated by
the Minister from a panel or panels of names
submitted by the organisation or
organisations that the Minister considers to
be the principal professional organisation or
20
organisations for the building industry;".
(3) After section 47(2) of the Principal Act insert--
"(3) A member appointed under sub-
section (2)(a) or (ca) must not be an
architect.".
25
(4) Section 50(2) of the Principal Act is repealed.
28. Procedure of Board
In section 54(4) of the Principal Act for
"5 members" substitute "6 members".
20
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 29
29. Evidence of Register
(1) In section 65(3) of the Principal Act, for
"approved architectural company" substitute
"approved company".
Victorian Legislation Parliamentary Documents
(2) In section 65(4) of the Principal Act, for
5
"approved architectural partnership" substitute
"approved partnership".
30. Statement of Registrar
In section 66 of the Principal Act--
(a) in paragraph (b), for "approved architectural
10
company" substitute "approved company";
(b) in paragraph (c), for "approved architectural
partnership" substitute "approved
partnership".
31. Regulations
15
In section 69(1) of the Principal Act--
(a) after paragraph (h), insert--
"(ha) classes of registration;";
(b) in paragraph (n), for "approved architectural
partnerships and approved architectural
20
companies" substitute "approved
partnerships and approved companies";
(c) in paragraph (o), for "approved architectural
companies and approved architectural
partnerships" substitute "approved
25
partnerships and approved companies";
(d) in paragraph (u), for "approved architectural
partnership or approved architectural
company" substitute "approved partnership
or approved company".
30
21
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 2--Amendments to the Architects Act 1991
s. 32
32. New section 77 inserted
After section 76 of the Principal Act insert--
"77. Transitional--Effect of change of
Victorian Legislation Parliamentary Documents
membership
The Board is deemed to be the same body
5
despite the change to its membership made
by section 27 of the Architects
(Amendment) Act 2004.".
33. New section 78 inserted
At the end of Part 10 of the Principal Act insert--
10
"78. Transitional--Existing approvals
(1) A body that immediately before the date of
commencement of section 10 of the
Architects (Amendment) Act 2004 was an
approved architectural partnership under this
15
Act must be taken to be an approved
partnership under this Act.
(2) A body corporate that immediately before
the date of commencement of section 11 of
the Architects (Amendment) Act 2004 was
20
an approved architectural company under
this Act must be taken to be an approved
company under this Act.".
__________________
22
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 3--Amendments to Other Acts
s. 34
PART 3--AMENDMENTS TO OTHER ACTS
See:
Division 1--Amendments to Building Act 1993
Victorian Legislation Parliamentary Documents
Act No.
126/1993.
34. Definitions Reprint No. 5
as at
(1) In section 3(1) of the Building Act 1993, in the 31 May 2003
and
definition of "building practitioner", paragraph (i)
5 amending
is repealed. Act Nos
26/2001,
60/2003 and
(2) In section 3(1) of the Building Act 1993 insert 102/2003.
the following definition-- LawToday:
www.dms.
' "insured architect" means an architect who is dpc.vic.
gov.au
registered under the Architects Act 1991
10
and who is covered by the required insurance
under that Act;'.
35. Insured architect
(1) In section 24(3)(a) of the Building Act 1993, for
"an architect" substitute "an insured architect".
15
(2) In section 176(6) of the Building Act 1993, for
"an architect registered under the Architects Act
1991" substitute "an insured architect".
36. Architect member of the Building Practitioners
Board
20
After section 184(2)(ac) of the Building Act 1993
insert--
"(ad) one is to be a person who is a member of the
Architects Registration Board of Victoria
established under the Architects Act 1991;
25
and".
23
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Part 3--Amendments to Other Acts
s. 37
37. New section 268 inserted
After section 267 of the Building Act 1993
insert--
Victorian Legislation Parliamentary Documents
"268. Transitional--Effect of change of
membership
5
The Building Practitioners Board is deemed
to be the same body despite the change to its
membership made by section 36 of the
Architects (Amendment) Act 2004.".
See: Division 2--Amendment to Domestic Building Contracts Act
10 Act No.
1995
91/1995.
Reprint No. 5
as at
38. Definition of insurer
1 July 2002
and
In section 3(1) of the Domestic Building
amending
Contracts Act 1995, in the definition of "insurer",
Act No.
30/2003.
after paragraph (a), insert--
15 LawToday:
www.dms.
"(aa) any person providing any required insurance
dpc.vic.
gov.au
under the Architects Act 1991 (whether or
not that person has a direct contractual
relationship with an architect); and".
24
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
Architects (Amendment) Act 2004
Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
25
551168B.I1-7/5/2004 BILL LA CIRCULATION 7/5/2004
[Index] [Search] [Download] [Related Items] [Help]