{"id":"qld:act-2002-053","name":"Architects Act 2002","slug":"architects-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"53 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":64596,"registerId":"qld-act-2002-053-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Architects Act 2002 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe following provisions of this Act commence on assent—\npart 1 , division 4 ;\npart 11 , division 2 , subdivision 1 ;\nsection 149 ;\nschedule 2 .\nThe remaining provisions of this Act commence on 1 January 2003.\n(sec.2-ssec.1) The following provisions of this Act commence on assent— part 1 , division 4 ; part 11 , division 2 , subdivision 1 ; section 149 ; schedule 2 .\n(sec.2-ssec.2) The remaining provisions of this Act commence on 1 January 2003.\n- (a) part 1 , division 4 ;\n- (b) part 11 , division 2 , subdivision 1 ;\n- (c) section 149 ;\n- (d) schedule 2 .","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Objects","content":"## Objects","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main objects of Act","content":"### sec.3 Main objects of Act\n\nThe main objects of this Act are—\nto protect the public by ensuring architectural services of an architect are provided in a professional and competent way; and\nto maintain public confidence in the standard of services provided by architects; and\nto uphold the standards of practice of architects.\n- (a) to protect the public by ensuring architectural services of an architect are provided in a professional and competent way; and\n- (b) to maintain public confidence in the standard of services provided by architects; and\n- (c) to uphold the standards of practice of architects.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main objects are achieved","content":"### sec.4 How main objects are achieved\n\nThe main objects are to be achieved primarily by—\nproviding for the registration of individuals as architects under this Act; and\nproviding for the monitoring and enforcement of compliance with this Act; and\nimposing obligations on persons about the practice of architecture; and\nestablishing the Board of Architects of Queensland.\n- (a) providing for the registration of individuals as architects under this Act; and\n- (b) providing for the monitoring and enforcement of compliance with this Act; and\n- (c) imposing obligations on persons about the practice of architecture; and\n- (d) establishing the Board of Architects of Queensland.","sortOrder":6},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Application of Act","content":"## Application of Act","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State.\nSubsection (1) does not make the State liable to be prosecuted for an offence.\n(sec.5-ssec.1) This Act binds all persons, including the State.\n(sec.5-ssec.2) Subsection (1) does not make the State liable to be prosecuted for an offence.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Mutual recognition legislation not affected","content":"### sec.6 Mutual recognition legislation not affected\n\nThis Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 .\ns 6 amd 2003 No. 45 s 15 sch","sortOrder":9},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Definitions","content":"### sec.7 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":11},{"sectionNumber":"pt.2","sectionType":"part","heading":"Registration of architects","content":"# Registration of architects","sortOrder":12},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":13},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Types of registration as an architect","content":"### sec.7A Types of registration as an architect\n\nThe types of registration as an architect under this Act are registration as a practising architect or a non-practising architect.\ns 7A ins 2010 No. 18 s 3","sortOrder":14},{"sectionNumber":"sec.8","sectionType":"section","heading":"Applying for registration","content":"### sec.8 Applying for registration\n\nOnly an individual may apply to the board for registration as an architect.\nThe application must be—\nin the approved form and state the type of registration to which the application relates; and\naccompanied by each of the following—\nsatisfactory evidence of the applicant’s eligibility for registration;\nany other documents, identified in the approved form, the board reasonably requires to decide the application;\nthe application fee and registration fee prescribed under a regulation.\nThe approved form must provide for the inclusion of the applicant’s contact details as an architect.\nThe applicant also must provide any other relevant information reasonably required by the board to decide the application.\nFor how the board may make a requirement for information under section 8 (4) , 18 (6) or 23 (5) , see section 27 .\ns 8 amd 2010 No. 18 s 4 ; 2020 No. 24 s 153 s ch 1 pt 1\n(sec.8-ssec.1) Only an individual may apply to the board for registration as an architect.\n(sec.8-ssec.2) The application must be— in the approved form and state the type of registration to which the application relates; and accompanied by each of the following— satisfactory evidence of the applicant’s eligibility for registration; any other documents, identified in the approved form, the board reasonably requires to decide the application; the application fee and registration fee prescribed under a regulation.\n(sec.8-ssec.3) The approved form must provide for the inclusion of the applicant’s contact details as an architect.\n(sec.8-ssec.4) The applicant also must provide any other relevant information reasonably required by the board to decide the application. For how the board may make a requirement for information under section 8 (4) , 18 (6) or 23 (5) , see section 27 .\n- (a) in the approved form and state the type of registration to which the application relates; and\n- (b) accompanied by each of the following— (i) satisfactory evidence of the applicant’s eligibility for registration; (ii) any other documents, identified in the approved form, the board reasonably requires to decide the application; (iii) the application fee and registration fee prescribed under a regulation.\n- (i) satisfactory evidence of the applicant’s eligibility for registration;\n- (ii) any other documents, identified in the approved form, the board reasonably requires to decide the application;\n- (iii) the application fee and registration fee prescribed under a regulation.\n- (i) satisfactory evidence of the applicant’s eligibility for registration;\n- (ii) any other documents, identified in the approved form, the board reasonably requires to decide the application;\n- (iii) the application fee and registration fee prescribed under a regulation.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Eligibility for registration","content":"## Eligibility for registration","sortOrder":16},{"sectionNumber":"sec.9","sectionType":"section","heading":"Eligibility","content":"### sec.9 Eligibility\n\nAn applicant for registration is eligible for registration only if—\nthe applicant is qualified, under section 10 , for registration; and\nthe board considers the applicant is fit to practise as an architect.\nAlso, an applicant for registration as a non-practising architect is eligible for registration only if the board is satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application for registration relates.\ns 9 amd 2010 No. 18 s 5 ; 2023 No. 23 s 247 sch 1 s 5 (amdt could not be given effect)\n(sec.9-ssec.1) An applicant for registration is eligible for registration only if— the applicant is qualified, under section 10 , for registration; and the board considers the applicant is fit to practise as an architect.\n(sec.9-ssec.2) Also, an applicant for registration as a non-practising architect is eligible for registration only if the board is satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application for registration relates.\n- (a) the applicant is qualified, under section 10 , for registration; and\n- (b) the board considers the applicant is fit to practise as an architect.","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"When applicant is qualified for registration","content":"### sec.10 When applicant is qualified for registration\n\nAn applicant for registration is qualified for registration if the applicant has—\n1 or more of the following qualifications—\na qualification in architecture recognised by the Architects Accreditation Council of Australia (the AACA );\na qualification in architecture obtained outside Australia and assessed by the AACA to be equivalent to a qualification mentioned in subparagraph (i) ;\nsuccessful completion of the National Program of Assessment, or another program, coordinated by the AACA; and\nsuccessfully completed—\nthe AACA’s Architectural Practice Examination; or\nanother examination, if any, arranged or approved by the board.\ns 10 sub 2010 No. 18 s 6\namd 2020 No. 24 s 153 s ch 1 pt 1\n- (a) 1 or more of the following qualifications— (i) a qualification in architecture recognised by the Architects Accreditation Council of Australia (the AACA ); (ii) a qualification in architecture obtained outside Australia and assessed by the AACA to be equivalent to a qualification mentioned in subparagraph (i) ; (iii) successful completion of the National Program of Assessment, or another program, coordinated by the AACA; and\n- (i) a qualification in architecture recognised by the Architects Accreditation Council of Australia (the AACA );\n- (ii) a qualification in architecture obtained outside Australia and assessed by the AACA to be equivalent to a qualification mentioned in subparagraph (i) ;\n- (iii) successful completion of the National Program of Assessment, or another program, coordinated by the AACA; and\n- (b) successfully completed— (i) the AACA’s Architectural Practice Examination; or (ii) another examination, if any, arranged or approved by the board.\n- (i) the AACA’s Architectural Practice Examination; or\n- (ii) another examination, if any, arranged or approved by the board.\n- (i) a qualification in architecture recognised by the Architects Accreditation Council of Australia (the AACA );\n- (ii) a qualification in architecture obtained outside Australia and assessed by the AACA to be equivalent to a qualification mentioned in subparagraph (i) ;\n- (iii) successful completion of the National Program of Assessment, or another program, coordinated by the AACA; and\n- (i) the AACA’s Architectural Practice Examination; or\n- (ii) another examination, if any, arranged or approved by the board.","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Fitness to practise as an architect","content":"### sec.11 Fitness to practise as an architect\n\nIn deciding whether an applicant for registration is fit to practise as an architect, the board may have regard to each of the following—\nwhether the applicant has a conviction, other than a spent conviction, for—\nan indictable offence; or\nan offence against this Act or the repealed Act; or\nanother offence, relating to the practice of architecture, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country;\nif the applicant has been registered under this Act or the repealed Act, or registered to practise as an architect under a law applying, or that applied, in the Commonwealth, another State or a foreign country and the registration was suspended or cancelled—the reason for its suspension or cancellation;\nif the applicant has been a member of an association of architects, whether in Australia or a foreign country, and the membership was suspended or cancelled—the reason for its suspension or cancellation;\nan order about the applicant made under section 130 or 131 of this Act or section 80 of the repealed Act;\na proceeding taken against the applicant for a matter mentioned in section 36 under a law applying, or that applied, in the Commonwealth, another State or a foreign country;\nwhether the applicant—\nis affected by bankruptcy action; or\nis an executive officer of a corporation affected by control action after the commencement of this section;\nif the applicant was required to undergo a health assessment—\nwhether the applicant complied with the requirement; and\nwhether the applicant cooperated with the medical practitioner appointed to perform the assessment;\nwhether a health assessment report for the applicant states that the applicant is unable to competently and safely practise as an architect;\nwhether the board reasonably believes a materially false or misleading representation or document is included in the application;\nany other issue relevant to the applicant’s ability to competently practise as an architect, including, for example, the applicant’s mental or physical health.\ns 11 amd 2010 No. 18 s 7 ; 2020 No. 24 s 4\n- (a) whether the applicant has a conviction, other than a spent conviction, for— (i) an indictable offence; or (ii) an offence against this Act or the repealed Act; or (iii) another offence, relating to the practice of architecture, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country;\n- (i) an indictable offence; or\n- (ii) an offence against this Act or the repealed Act; or\n- (iii) another offence, relating to the practice of architecture, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country;\n- (b) if the applicant has been registered under this Act or the repealed Act, or registered to practise as an architect under a law applying, or that applied, in the Commonwealth, another State or a foreign country and the registration was suspended or cancelled—the reason for its suspension or cancellation;\n- (c) if the applicant has been a member of an association of architects, whether in Australia or a foreign country, and the membership was suspended or cancelled—the reason for its suspension or cancellation;\n- (d) an order about the applicant made under section 130 or 131 of this Act or section 80 of the repealed Act;\n- (e) a proceeding taken against the applicant for a matter mentioned in section 36 under a law applying, or that applied, in the Commonwealth, another State or a foreign country;\n- (f) whether the applicant— (i) is affected by bankruptcy action; or (ii) is an executive officer of a corporation affected by control action after the commencement of this section;\n- (i) is affected by bankruptcy action; or\n- (ii) is an executive officer of a corporation affected by control action after the commencement of this section;\n- (g) if the applicant was required to undergo a health assessment— (i) whether the applicant complied with the requirement; and (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment;\n- (i) whether the applicant complied with the requirement; and\n- (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment;\n- (h) whether a health assessment report for the applicant states that the applicant is unable to competently and safely practise as an architect;\n- (i) whether the board reasonably believes a materially false or misleading representation or document is included in the application;\n- (j) any other issue relevant to the applicant’s ability to competently practise as an architect, including, for example, the applicant’s mental or physical health.\n- (i) an indictable offence; or\n- (ii) an offence against this Act or the repealed Act; or\n- (iii) another offence, relating to the practice of architecture, against a law applying, or that applied, in the State, the Commonwealth, another State or a foreign country;\n- (i) is affected by bankruptcy action; or\n- (ii) is an executive officer of a corporation affected by control action after the commencement of this section;\n- (i) whether the applicant complied with the requirement; and\n- (ii) whether the applicant cooperated with the medical practitioner appointed to perform the assessment;","sortOrder":19},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Decision on applications for registration","content":"## Decision on applications for registration","sortOrder":20},{"sectionNumber":"sec.12","sectionType":"section","heading":"Deciding application","content":"### sec.12 Deciding application\n\nThe board must consider each application for registration made under section 8 and either grant or refuse to grant the application as soon as practicable after the last of the following events to happen—\nthe board receives the application;\nthe board receives all necessary information to decide the application.\ns 12 amd 2010 No. 18 s 8\n- (a) the board receives the application;\n- (b) the board receives all necessary information to decide the application.","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Grant of application","content":"### sec.13 Grant of application\n\nIf the board decides to grant the application, it must as soon as practicable give the applicant a certificate of registration.","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Refusal of application","content":"### sec.14 Refusal of application\n\nIf the board decides to refuse to grant the application, it must as soon as practicable—\ngive the applicant an information notice for the decision; and\nrefund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application.\n- (a) give the applicant an information notice for the decision; and\n- (b) refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application.","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Period of registration","content":"### sec.15 Period of registration\n\nThe period of registration that is to apply to an architect (the registration period ) is a financial year.\nIf the board decides to register an applicant during a registration period, the registration remains in force for the period—\ncommencing on the day when the board makes the decision; and\nending on the last day of the registration period.\n(sec.15-ssec.1) The period of registration that is to apply to an architect (the registration period ) is a financial year.\n(sec.15-ssec.2) If the board decides to register an applicant during a registration period, the registration remains in force for the period— commencing on the day when the board makes the decision; and ending on the last day of the registration period.\n- (a) commencing on the day when the board makes the decision; and\n- (b) ending on the last day of the registration period.","sortOrder":24},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Renewal and restoration of registrations","content":"## Renewal and restoration of registrations","sortOrder":25},{"sectionNumber":"sec.16","sectionType":"section","heading":"Meaning of continuing registration requirements","content":"### sec.16 Meaning of continuing registration requirements\n\nContinuing registration requirements are requirements of the board that, if satisfied, demonstrate that an applicant for renewal or restoration of registration has maintained competency in the practice of architecture.\nThe requirements may include requirements about the following—\nthe nature, extent and period of practice of architecture by the applicant;\nthe nature and extent of continuing professional development to be undertaken by the applicant;\nthe nature and extent of research, study or teaching, relating to architecture, to be undertaken by the applicant;\nthe nature and extent of administrative work, relating to architecture, to be performed by the applicant.\nThe requirements are satisfied by complying with the board’s continuing registration requirements for architecture.\nThe board must—\nkeep published the board’s continuing registration requirements on the board’s website; and\nkeep the requirements available for inspection, without charge, at the board’s office when the office is open to the public; and\nif asked by a person and on payment of the fee, if any, prescribed under a regulation, give the person a copy of the requirements.\ns 16 sub 2010 No. 18 s 9\namd 2020 No. 24 s 153 s ch 1 pt 1 ; 2022 No. 11 s 3\n(sec.16-ssec.1) Continuing registration requirements are requirements of the board that, if satisfied, demonstrate that an applicant for renewal or restoration of registration has maintained competency in the practice of architecture.\n(sec.16-ssec.2) The requirements may include requirements about the following— the nature, extent and period of practice of architecture by the applicant; the nature and extent of continuing professional development to be undertaken by the applicant; the nature and extent of research, study or teaching, relating to architecture, to be undertaken by the applicant; the nature and extent of administrative work, relating to architecture, to be performed by the applicant.\n(sec.16-ssec.3) The requirements are satisfied by complying with the board’s continuing registration requirements for architecture.\n(sec.16-ssec.4) The board must— keep published the board’s continuing registration requirements on the board’s website; and keep the requirements available for inspection, without charge, at the board’s office when the office is open to the public; and if asked by a person and on payment of the fee, if any, prescribed under a regulation, give the person a copy of the requirements.\n- (a) the nature, extent and period of practice of architecture by the applicant;\n- (b) the nature and extent of continuing professional development to be undertaken by the applicant;\n- (c) the nature and extent of research, study or teaching, relating to architecture, to be undertaken by the applicant;\n- (d) the nature and extent of administrative work, relating to architecture, to be performed by the applicant.\n- (a) keep published the board’s continuing registration requirements on the board’s website; and\n- (b) keep the requirements available for inspection, without charge, at the board’s office when the office is open to the public; and\n- (c) if asked by a person and on payment of the fee, if any, prescribed under a regulation, give the person a copy of the requirements.","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Notification of expiry of registration","content":"### sec.17 Notification of expiry of registration\n\nThe board must give an architect notice of the expiry of the architect’s registration at least 3 months before the expiry.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Applying for renewal","content":"### sec.18 Applying for renewal\n\nAn architect may apply to the board for renewal of the architect’s registration.\nThe application may only be made at least 1 month, but not more than 3 months, before the last day of the registration period (the expiry day ).\nThe application must be—\nin the approved form; and\naccompanied by each of the following—\nany other documents, identified in the approved form, the board reasonably requires to decide the application;\nthe annual registration fee.\nDespite subsection (2) , the board may accept an application for renewal of registration made within 1 month before the expiry day if the board is satisfied it would be reasonable in all the circumstances to accept the application.\nThe approved form must provide for the inclusion of the applicant’s contact details as an architect.\nThe architect also must provide any other relevant information reasonably required by the board to decide the application.\ns 18 amd 2010 No. 18 s 10\n(sec.18-ssec.1) An architect may apply to the board for renewal of the architect’s registration.\n(sec.18-ssec.2) The application may only be made at least 1 month, but not more than 3 months, before the last day of the registration period (the expiry day ).\n(sec.18-ssec.3) The application must be— in the approved form; and accompanied by each of the following— any other documents, identified in the approved form, the board reasonably requires to decide the application; the annual registration fee.\n(sec.18-ssec.4) Despite subsection (2) , the board may accept an application for renewal of registration made within 1 month before the expiry day if the board is satisfied it would be reasonable in all the circumstances to accept the application.\n(sec.18-ssec.5) The approved form must provide for the inclusion of the applicant’s contact details as an architect.\n(sec.18-ssec.6) The architect also must provide any other relevant information reasonably required by the board to decide the application.\n- (a) in the approved form; and\n- (b) accompanied by each of the following— (i) any other documents, identified in the approved form, the board reasonably requires to decide the application; (ii) the annual registration fee.\n- (i) any other documents, identified in the approved form, the board reasonably requires to decide the application;\n- (ii) the annual registration fee.\n- (i) any other documents, identified in the approved form, the board reasonably requires to decide the application;\n- (ii) the annual registration fee.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Registration in force while application is considered","content":"### sec.19 Registration in force while application is considered\n\nIf an application is made under section 18 (2) , or the board decides to accept an application under section 18 (4) , the applicant’s registration is taken to continue in force from the day it would, apart from this section, have expired until—\nif the board decides to renew the registration—the day a new certificate of registration is given to the applicant under section 21 ; or\nif the board decides to refuse to renew the registration—the day stated, under section 22 (a) , in the information notice for the decision; or\nif the application is taken to have lapsed under section 27 —the day it is taken to have lapsed.\nSubsection (1) does not apply if the registration is earlier suspended or cancelled under this Act.\n(sec.19-ssec.1) If an application is made under section 18 (2) , or the board decides to accept an application under section 18 (4) , the applicant’s registration is taken to continue in force from the day it would, apart from this section, have expired until— if the board decides to renew the registration—the day a new certificate of registration is given to the applicant under section 21 ; or if the board decides to refuse to renew the registration—the day stated, under section 22 (a) , in the information notice for the decision; or if the application is taken to have lapsed under section 27 —the day it is taken to have lapsed.\n(sec.19-ssec.2) Subsection (1) does not apply if the registration is earlier suspended or cancelled under this Act.\n- (a) if the board decides to renew the registration—the day a new certificate of registration is given to the applicant under section 21 ; or\n- (b) if the board decides to refuse to renew the registration—the day stated, under section 22 (a) , in the information notice for the decision; or\n- (c) if the application is taken to have lapsed under section 27 —the day it is taken to have lapsed.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Deciding application","content":"### sec.20 Deciding application\n\nThe board must consider an accepted application and either renew or refuse to renew the registration as soon as practicable after the last of the following events to happen—\nthe board receives the application;\nthe board receives all necessary information to decide the application.\nIn deciding the application, the board must have regard to—\nwhether the board considers the applicant is fit to practise as an architect; and\nthe extent, if any, to which the applicant has satisfied the continuing registration requirements.\nAlso, for an application for renewal of registration as a non-practising architect, the board must be satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application relates.\nIn considering whether an applicant is fit to practise as an architect, the board may have regard to the same matters to which the board may have regard in deciding whether an applicant for registration is fit to practise as an architect.\nFor the matters the board may have regard to in deciding if an applicant for registration is fit to practise as an architect, see section 11 (Fitness to practise as an architect).\nIn this section—\naccepted application means an application made under section 18 (2) or an application the board accepts under section 18 (4) .\ns 20 amd 2010 No. 18 s 11\n(sec.20-ssec.1) The board must consider an accepted application and either renew or refuse to renew the registration as soon as practicable after the last of the following events to happen— the board receives the application; the board receives all necessary information to decide the application.\n(sec.20-ssec.2) In deciding the application, the board must have regard to— whether the board considers the applicant is fit to practise as an architect; and the extent, if any, to which the applicant has satisfied the continuing registration requirements.\n(sec.20-ssec.3) Also, for an application for renewal of registration as a non-practising architect, the board must be satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application relates.\n(sec.20-ssec.4) In considering whether an applicant is fit to practise as an architect, the board may have regard to the same matters to which the board may have regard in deciding whether an applicant for registration is fit to practise as an architect. For the matters the board may have regard to in deciding if an applicant for registration is fit to practise as an architect, see section 11 (Fitness to practise as an architect).\n(sec.20-ssec.5) In this section— accepted application means an application made under section 18 (2) or an application the board accepts under section 18 (4) .\n- (a) the board receives the application;\n- (b) the board receives all necessary information to decide the application.\n- (a) whether the board considers the applicant is fit to practise as an architect; and\n- (b) the extent, if any, to which the applicant has satisfied the continuing registration requirements.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Renewal of registration","content":"### sec.21 Renewal of registration\n\nIf the board decides to renew the applicant’s registration, it must as soon as practicable give the applicant a new certificate of registration.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Refusal to renew registration","content":"### sec.22 Refusal to renew registration\n\nIf the board decides to refuse to renew the registration, it must as soon as practicable—\ngive the applicant an information notice for the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the registration ends; and\nrefund the annual registration fee that accompanied the application.\n- (a) give the applicant an information notice for the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the registration ends; and\n- (b) refund the annual registration fee that accompanied the application.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Applying for restoration","content":"### sec.23 Applying for restoration\n\nIf an individual’s registration has expired, the individual, within 2 months after the expiry, may apply to the board for restoration of the registration.\nThe application must be—\nin the approved form; and\naccompanied by each of the following—\nany documents, identified in the approved form, the board reasonably requires to decide the application;\nthe application fee prescribed under a regulation;\nthe annual registration fee.\nDespite subsection (1) , the board may accept an application for restoration of registration made more than 2 months after the expiry if the board is satisfied it would be reasonable in all the circumstances to accept the application.\nThe approved form must provide for the inclusion of the applicant’s contact details as an architect.\nThe applicant also must provide any other relevant information reasonably required by the board to decide the application.\ns 23 amd 2010 No. 18 s 12\n(sec.23-ssec.1) If an individual’s registration has expired, the individual, within 2 months after the expiry, may apply to the board for restoration of the registration.\n(sec.23-ssec.2) The application must be— in the approved form; and accompanied by each of the following— any documents, identified in the approved form, the board reasonably requires to decide the application; the application fee prescribed under a regulation; the annual registration fee.\n(sec.23-ssec.3) Despite subsection (1) , the board may accept an application for restoration of registration made more than 2 months after the expiry if the board is satisfied it would be reasonable in all the circumstances to accept the application.\n(sec.23-ssec.4) The approved form must provide for the inclusion of the applicant’s contact details as an architect.\n(sec.23-ssec.5) The applicant also must provide any other relevant information reasonably required by the board to decide the application.\n- (a) in the approved form; and\n- (b) accompanied by each of the following— (i) any documents, identified in the approved form, the board reasonably requires to decide the application; (ii) the application fee prescribed under a regulation; (iii) the annual registration fee.\n- (i) any documents, identified in the approved form, the board reasonably requires to decide the application;\n- (ii) the application fee prescribed under a regulation;\n- (iii) the annual registration fee.\n- (i) any documents, identified in the approved form, the board reasonably requires to decide the application;\n- (ii) the application fee prescribed under a regulation;\n- (iii) the annual registration fee.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Deciding application","content":"### sec.24 Deciding application\n\nThe board must consider an accepted application and either restore or refuse to restore the registration as soon as practicable after the last of the following events to happen—\nthe board receives the application;\nthe board receives all necessary information to decide the application.\nIn deciding the application, the board must have regard to—\nwhether the board considers the applicant is fit to practise as an architect; and\nthe extent, if any, to which the applicant has satisfied the continuing registration requirements.\nAlso, for an application for restoration of registration as a non-practising architect, the board must be satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application relates.\nIn considering whether an applicant is fit to practise as an architect, the board may have regard to the same matters to which the board may have regard in deciding whether an applicant for registration is fit to practise as an architect.\nIn this section—\naccepted application means an application made under section 23 (1) or an application the board accepts under section 23 (3) .\ns 24 amd 2010 No. 18 s 13\n(sec.24-ssec.1) The board must consider an accepted application and either restore or refuse to restore the registration as soon as practicable after the last of the following events to happen— the board receives the application; the board receives all necessary information to decide the application.\n(sec.24-ssec.2) In deciding the application, the board must have regard to— whether the board considers the applicant is fit to practise as an architect; and the extent, if any, to which the applicant has satisfied the continuing registration requirements.\n(sec.24-ssec.3) Also, for an application for restoration of registration as a non-practising architect, the board must be satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application relates.\n(sec.24-ssec.4) In considering whether an applicant is fit to practise as an architect, the board may have regard to the same matters to which the board may have regard in deciding whether an applicant for registration is fit to practise as an architect.\n(sec.24-ssec.5) In this section— accepted application means an application made under section 23 (1) or an application the board accepts under section 23 (3) .\n- (a) the board receives the application;\n- (b) the board receives all necessary information to decide the application.\n- (a) whether the board considers the applicant is fit to practise as an architect; and\n- (b) the extent, if any, to which the applicant has satisfied the continuing registration requirements.","sortOrder":34},{"sectionNumber":"sec.25","sectionType":"section","heading":"Restoration of registration","content":"### sec.25 Restoration of registration\n\nIf the board decides to restore the applicant’s registration, the board must as soon as practicable give the applicant a new certificate of registration.\nThe registration remains in force for the period—\ncommencing on the day when the board makes the decision; and\nending on the last day of the registration period in which the decision is made.\n(sec.25-ssec.1) If the board decides to restore the applicant’s registration, the board must as soon as practicable give the applicant a new certificate of registration.\n(sec.25-ssec.2) The registration remains in force for the period— commencing on the day when the board makes the decision; and ending on the last day of the registration period in which the decision is made.\n- (a) commencing on the day when the board makes the decision; and\n- (b) ending on the last day of the registration period in which the decision is made.","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Refusal to restore registration","content":"### sec.26 Refusal to restore registration\n\nIf the board decides to refuse to restore the registration, it must as soon as practicable—\ngive the applicant an information notice for the decision; and\nrefund the annual registration fee that accompanied the application.\n- (a) give the applicant an information notice for the decision; and\n- (b) refund the annual registration fee that accompanied the application.","sortOrder":36},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Lapsing of applications","content":"## Lapsing of applications","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Lapsing of application","content":"### sec.27 Lapsing of application\n\nThis section applies if an application for registration, or renewal or restoration of registration, is made under this part.\nThe board may make a requirement under section 8 (4) , 18 (6) or 23 (5) for information to decide the application by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the board; and\nthat, if the information is not given to the board by the stated time, the application will lapse.\nThe stated time must be at least 21 days after the requirement is made.\nThe board may give the applicant a further notice extending or further extending the time if the board is satisfied it would be reasonable in all the circumstances to give the extension.\nA notice may be given under subsection (4) even if the time to which it relates has lapsed.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\nIf an application lapses under subsection (6) , the board must, as soon as practicable after it lapses, refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application.\ns 27 amd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.27-ssec.1) This section applies if an application for registration, or renewal or restoration of registration, is made under this part.\n(sec.27-ssec.2) The board may make a requirement under section 8 (4) , 18 (6) or 23 (5) for information to decide the application by giving the applicant a notice stating— the required information; and the time by which the information must be given to the board; and that, if the information is not given to the board by the stated time, the application will lapse.\n(sec.27-ssec.3) The stated time must be at least 21 days after the requirement is made.\n(sec.27-ssec.4) The board may give the applicant a further notice extending or further extending the time if the board is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.27-ssec.5) A notice may be given under subsection (4) even if the time to which it relates has lapsed.\n(sec.27-ssec.6) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n(sec.27-ssec.7) If an application lapses under subsection (6) , the board must, as soon as practicable after it lapses, refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application.\n- (a) the required information; and\n- (b) the time by which the information must be given to the board; and\n- (c) that, if the information is not given to the board by the stated time, the application will lapse.","sortOrder":38},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Cancellation and immediate suspension of registrations","content":"## Cancellation and immediate suspension of registrations","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.28 Grounds for cancellation\n\nThe board may cancel an architect’s registration under this part if—\nthe board believes on reasonable grounds the architect was registered because of a materially false or misleading representation or document; or\nthe architect is—\naffected by bankruptcy action; or\nan executive officer of a corporation affected by control action; or\nthe architect’s registration to practise as an architect under a law applying, or that applied, in the Commonwealth, another State or a foreign country has been cancelled under that law for disciplinary reasons; or\nthe architect’s membership of an association of architects, whether in Australia or a foreign country, has been cancelled under the association’s rules for disciplinary reasons; or\nan order about the architect is made under section 130 or 131 ; or\na proceeding is taken against the architect for a matter mentioned in section 36 under a law applying in the Commonwealth, another State or a foreign country; or\nthe architect is convicted of—\nan indictable offence; or\nan offence against this Act; or\nanother offence, relating to the practice of architecture, against a law applying in the State, the Commonwealth, another State or a foreign country; or\nthe architect has contravened a condition of the architect’s registration; or\nthe architect is required to undergo a health assessment and—\nthe architect does not comply with the requirement; or\nthe architect does not cooperate with the medical practitioner appointed to perform the assessment; or\na health assessment report for the architect states that the architect is unable to competently and safely practise as an architect.\ns 28 amd 2010 No. 18 s 15 ; 2020 No. 24 s 5\n- (a) the board believes on reasonable grounds the architect was registered because of a materially false or misleading representation or document; or\n- (b) the architect is— (i) affected by bankruptcy action; or (ii) an executive officer of a corporation affected by control action; or\n- (i) affected by bankruptcy action; or\n- (ii) an executive officer of a corporation affected by control action; or\n- (c) the architect’s registration to practise as an architect under a law applying, or that applied, in the Commonwealth, another State or a foreign country has been cancelled under that law for disciplinary reasons; or\n- (d) the architect’s membership of an association of architects, whether in Australia or a foreign country, has been cancelled under the association’s rules for disciplinary reasons; or\n- (e) an order about the architect is made under section 130 or 131 ; or\n- (f) a proceeding is taken against the architect for a matter mentioned in section 36 under a law applying in the Commonwealth, another State or a foreign country; or\n- (g) the architect is convicted of— (i) an indictable offence; or (ii) an offence against this Act; or (iii) another offence, relating to the practice of architecture, against a law applying in the State, the Commonwealth, another State or a foreign country; or\n- (i) an indictable offence; or\n- (ii) an offence against this Act; or\n- (iii) another offence, relating to the practice of architecture, against a law applying in the State, the Commonwealth, another State or a foreign country; or\n- (h) the architect has contravened a condition of the architect’s registration; or\n- (i) the architect is required to undergo a health assessment and— (i) the architect does not comply with the requirement; or (ii) the architect does not cooperate with the medical practitioner appointed to perform the assessment; or\n- (i) the architect does not comply with the requirement; or\n- (ii) the architect does not cooperate with the medical practitioner appointed to perform the assessment; or\n- (j) a health assessment report for the architect states that the architect is unable to competently and safely practise as an architect.\n- (i) affected by bankruptcy action; or\n- (ii) an executive officer of a corporation affected by control action; or\n- (i) an indictable offence; or\n- (ii) an offence against this Act; or\n- (iii) another offence, relating to the practice of architecture, against a law applying in the State, the Commonwealth, another State or a foreign country; or\n- (i) the architect does not comply with the requirement; or\n- (ii) the architect does not cooperate with the medical practitioner appointed to perform the assessment; or","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Procedure for cancellation","content":"### sec.29 Procedure for cancellation\n\nIf the board proposes to cancel an architect’s registration, the board must give the architect a notice stating the following—\nthe board proposes to cancel the registration;\nthe grounds for the proposed cancellation;\nthe facts and circumstances that are the basis for the grounds;\nthat the architect may make, within a stated period, written representations to show why the registration should not be cancelled.\nThe stated period must end at least 21 days after the architect is given the notice.\nThe board may also ask for more information by giving the architect a notice stating—\nthe information sought; and\nthe time, at least 21 days after the notice is given, by which the information is required.\nIf, after considering all written representations made within the stated period and any requested information received by the stated time, the board still believes a ground exists to cancel the architect’s registration, the board may cancel the registration.\nThe board must, as soon as practicable after making a decision under subsection (4) , give the architect an information notice for the decision.\nThe decision takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the stated day.\ns 29 amd 2020 No. 24 s 6\n(sec.29-ssec.1) If the board proposes to cancel an architect’s registration, the board must give the architect a notice stating the following— the board proposes to cancel the registration; the grounds for the proposed cancellation; the facts and circumstances that are the basis for the grounds; that the architect may make, within a stated period, written representations to show why the registration should not be cancelled.\n(sec.29-ssec.2) The stated period must end at least 21 days after the architect is given the notice.\n(sec.29-ssec.3) The board may also ask for more information by giving the architect a notice stating— the information sought; and the time, at least 21 days after the notice is given, by which the information is required.\n(sec.29-ssec.4) If, after considering all written representations made within the stated period and any requested information received by the stated time, the board still believes a ground exists to cancel the architect’s registration, the board may cancel the registration.\n(sec.29-ssec.5) The board must, as soon as practicable after making a decision under subsection (4) , give the architect an information notice for the decision.\n(sec.29-ssec.6) The decision takes effect on— the day the notice is given; or if a later day is stated in the notice—the stated day.\n- (a) the board proposes to cancel the registration;\n- (b) the grounds for the proposed cancellation;\n- (c) the facts and circumstances that are the basis for the grounds;\n- (d) that the architect may make, within a stated period, written representations to show why the registration should not be cancelled.\n- (a) the information sought; and\n- (b) the time, at least 21 days after the notice is given, by which the information is required.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":41},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Immediate suspension of registration","content":"### sec.29A Immediate suspension of registration\n\nThis section applies if the board reasonably believes—\na ground exists to cancel an architect’s registration under section 28 ; and\nit is in the public interest to immediately suspend the architect’s registration.\nThe board may, by information notice given to the architect, immediately suspend the architect’s registration.\nThe information notice must also state the period of suspension.\nThe suspension—\nis for the period the board decides; and\nhas effect when the information notice is given.\nThe board must end the suspension if satisfied that the ground for the suspension no longer exist.\nThe suspension ends if the architect’s registration is cancelled or otherwise ends.\ns 29A ins 2010 No. 18 s 16\namd 2020 No. 24 s 7\n(sec.29A-ssec.1) This section applies if the board reasonably believes— a ground exists to cancel an architect’s registration under section 28 ; and it is in the public interest to immediately suspend the architect’s registration.\n(sec.29A-ssec.2) The board may, by information notice given to the architect, immediately suspend the architect’s registration.\n(sec.29A-ssec.3) The information notice must also state the period of suspension.\n(sec.29A-ssec.4) The suspension— is for the period the board decides; and has effect when the information notice is given.\n(sec.29A-ssec.5) The board must end the suspension if satisfied that the ground for the suspension no longer exist.\n(sec.29A-ssec.6) The suspension ends if the architect’s registration is cancelled or otherwise ends.\n- (a) a ground exists to cancel an architect’s registration under section 28 ; and\n- (b) it is in the public interest to immediately suspend the architect’s registration.\n- (a) is for the period the board decides; and\n- (b) has effect when the information notice is given.","sortOrder":42},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Offences about registration","content":"## Offences about registration","sortOrder":43},{"sectionNumber":"sec.30","sectionType":"section","heading":"False or misleading statement","content":"### sec.30 False or misleading statement\n\nA person, in relation to an application under this part, must not make a statement the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\ns 30 amd 2024 No. 14 s 4","sortOrder":44},{"sectionNumber":"sec.31","sectionType":"section","heading":"False or misleading document","content":"### sec.31 False or misleading document\n\nA person, in relation to an application under this part, must not give an entity a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the entity, to the best of the person’s ability, how the information in the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\ns 31 amd 2024 No. 14 s 5\n(sec.31-ssec.1) A person, in relation to an application under this part, must not give an entity a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.31-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the entity, to the best of the person’s ability, how the information in the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the entity, to the best of the person’s ability, how the information in the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":45},{"sectionNumber":"sec.31A","sectionType":"section","heading":"When statement made or document given in relation to application","content":"### sec.31A When statement made or document given in relation to application\n\nFor sections 30 and 31 , a person is taken to make a statement, or give an entity a document, in relation to an application under this part if the person makes the statement or gives the document in connection with—\nthe application or anything that accompanies the application; or\nother information provided as required to decide the application; or\nan assessment relevant to the application, including the following—\nan assessment of qualifications;\nan examination;\na health assessment;\nan assessment of whether the applicant has satisfied the continuing registration requirements.\nFor subsection (1) , an assessment is relevant to an application under this part—\nwhether the assessment is carried out by the board or another entity; and\nwhether the assessment is carried out before or after the application is made.\ns 31A ins 2020 No. 24 s 8\nsub 2024 No. 14 s 6\n(sec.31A-ssec.1) For sections 30 and 31 , a person is taken to make a statement, or give an entity a document, in relation to an application under this part if the person makes the statement or gives the document in connection with— the application or anything that accompanies the application; or other information provided as required to decide the application; or an assessment relevant to the application, including the following— an assessment of qualifications; an examination; a health assessment; an assessment of whether the applicant has satisfied the continuing registration requirements.\n(sec.31A-ssec.2) For subsection (1) , an assessment is relevant to an application under this part— whether the assessment is carried out by the board or another entity; and whether the assessment is carried out before or after the application is made.\n- (a) the application or anything that accompanies the application; or\n- (b) other information provided as required to decide the application; or\n- (c) an assessment relevant to the application, including the following— (i) an assessment of qualifications; (ii) an examination; (iii) a health assessment; (iv) an assessment of whether the applicant has satisfied the continuing registration requirements.\n- (i) an assessment of qualifications;\n- (ii) an examination;\n- (iii) a health assessment;\n- (iv) an assessment of whether the applicant has satisfied the continuing registration requirements.\n- (i) an assessment of qualifications;\n- (ii) an examination;\n- (iii) a health assessment;\n- (iv) an assessment of whether the applicant has satisfied the continuing registration requirements.\n- (a) whether the assessment is carried out by the board or another entity; and\n- (b) whether the assessment is carried out before or after the application is made.","sortOrder":46},{"sectionNumber":"sec.32","sectionType":"section","heading":"Notification about particular matters","content":"### sec.32 Notification about particular matters\n\nAn architect must, within 21 days after changing his or her name or contact details, advise the board about the change unless the architect has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":47},{"sectionNumber":"sec.32AA","sectionType":"section","heading":"Notification of prescribed changes","content":"### sec.32AA Notification of prescribed changes\n\nAn architect must give notice to the board of a prescribed change for the architect within 21 days after the change, unless the architect has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\nprescribed change , for an architect, means a change relating to a matter that the board may consider under section 11 when deciding whether a person is fit to practise as an architect.\ns 32AA ins 2020 No. 24 s 9\n(sec.32AA-ssec.1) An architect must give notice to the board of a prescribed change for the architect within 21 days after the change, unless the architect has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.32AA-ssec.2) In this section— prescribed change , for an architect, means a change relating to a matter that the board may consider under section 11 when deciding whether a person is fit to practise as an architect.","sortOrder":48},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Notification of disciplinary event by other bodies","content":"### sec.32A Notification of disciplinary event by other bodies\n\nAn architect must, within 21 days after a disciplinary event for the architect, give notice to the board of the disciplinary event, unless the architect has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\ndisciplinary event , for an architect, means a proceeding taken against the architect in relation to—\nthe architect’s membership of an association of architects; or\nthe architect’s registration to practise as an architect under a law applying in the Commonwealth, another State or a foreign country.\ns 32A ins 2010 No. 18 s 17\nsub 2020 No. 24 s 10\n(sec.32A-ssec.1) An architect must, within 21 days after a disciplinary event for the architect, give notice to the board of the disciplinary event, unless the architect has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.32A-ssec.2) In this section— disciplinary event , for an architect, means a proceeding taken against the architect in relation to— the architect’s membership of an association of architects; or the architect’s registration to practise as an architect under a law applying in the Commonwealth, another State or a foreign country.\n- (a) the architect’s membership of an association of architects; or\n- (b) the architect’s registration to practise as an architect under a law applying in the Commonwealth, another State or a foreign country.","sortOrder":49},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Notification of inability to practise","content":"### sec.32B Notification of inability to practise\n\nThis section applies if an architect has been unable to competently and safely practise as an architect for a continuous period of 6 months because of the architect’s mental or physical health.\nThe architect must immediately notify the board in writing of that fact, unless the architect—\nhas already notified the board in writing of the incapacity; or\nhas a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 32B ins 2010 No. 18 s 17\n(sec.32B-ssec.1) This section applies if an architect has been unable to competently and safely practise as an architect for a continuous period of 6 months because of the architect’s mental or physical health.\n(sec.32B-ssec.2) The architect must immediately notify the board in writing of that fact, unless the architect— has already notified the board in writing of the incapacity; or has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) has already notified the board in writing of the incapacity; or\n- (b) has a reasonable excuse.","sortOrder":50},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":51},{"sectionNumber":"sec.33","sectionType":"section","heading":"Surrender of registration","content":"### sec.33 Surrender of registration\n\nAn architect may, by notice given to the board, surrender the architect’s registration.\nThe surrender takes effect on the later of the following—\nthe end of 7 days after the day the notice is given;\na day stated in the notice for the surrender.\n(sec.33-ssec.1) An architect may, by notice given to the board, surrender the architect’s registration.\n(sec.33-ssec.2) The surrender takes effect on the later of the following— the end of 7 days after the day the notice is given; a day stated in the notice for the surrender.\n- (a) the end of 7 days after the day the notice is given;\n- (b) a day stated in the notice for the surrender.","sortOrder":52},{"sectionNumber":"sec.34","sectionType":"section","heading":"Form of certificate of registration","content":"### sec.34 Form of certificate of registration\n\nA certificate of registration given under this part must be in the approved form.\nThe approved form must provide for the inclusion of—\nthe architect’s name; and\nthe period of registration; and\nwhether the architect is a practising or non-practising architect.\ns 34 amd 2010 No. 18 s 18\n(sec.34-ssec.1) A certificate of registration given under this part must be in the approved form.\n(sec.34-ssec.2) The approved form must provide for the inclusion of— the architect’s name; and the period of registration; and whether the architect is a practising or non-practising architect.\n- (a) the architect’s name; and\n- (b) the period of registration; and\n- (c) whether the architect is a practising or non-practising architect.","sortOrder":53},{"sectionNumber":"sec.35","sectionType":"section","heading":"Refund of fees—withdrawal of application","content":"### sec.35 Refund of fees—withdrawal of application\n\nThis section applies if an applicant withdraws an application made under this part before the application is decided.\nThe board must, as soon as practicable after the application is withdrawn—\nfor an application for registration—refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application; or\nfor an application for renewal or restoration of registration—refund the annual registration fee that accompanied the application.\n(sec.35-ssec.1) This section applies if an applicant withdraws an application made under this part before the application is decided.\n(sec.35-ssec.2) The board must, as soon as practicable after the application is withdrawn— for an application for registration—refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application; or for an application for renewal or restoration of registration—refund the annual registration fee that accompanied the application.\n- (a) for an application for registration—refund the fees that accompanied the application less a reasonable amount, if any, prescribed under a regulation for processing the application; or\n- (b) for an application for renewal or restoration of registration—refund the annual registration fee that accompanied the application.","sortOrder":54},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Inquiries about fitness to practise as an architect","content":"### sec.35A Inquiries about fitness to practise as an architect\n\nThis section applies to the following persons (each a relevant person )—\nan individual applying for registration as an architect under section 8 ;\nan architect applying for renewal of registration under section 18 ;\nan individual applying for restoration of the person’s registration under section 23 .\nThe board may make inquiries about the relevant person to help in deciding whether the person is, or continues to be, fit to practise as an architect.\ns 35A ins 2010 No. 18 s 19\n(sec.35A-ssec.1) This section applies to the following persons (each a relevant person )— an individual applying for registration as an architect under section 8 ; an architect applying for renewal of registration under section 18 ; an individual applying for restoration of the person’s registration under section 23 .\n(sec.35A-ssec.2) The board may make inquiries about the relevant person to help in deciding whether the person is, or continues to be, fit to practise as an architect.\n- (a) an individual applying for registration as an architect under section 8 ;\n- (b) an architect applying for renewal of registration under section 18 ;\n- (c) an individual applying for restoration of the person’s registration under section 23 .","sortOrder":55},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Report about relevant person’s criminal history","content":"### sec.35B Report about relevant person’s criminal history\n\nThe board may ask the police commissioner for a written report about the criminal history of a relevant person.\nIf asked by the board, the police commissioner must give the board a written report about the criminal history of the relevant person.\nThe duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\nA report mentioned in subsection (2) may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes.\nIn this section—\nrelevant person see section 35A (1) .\ns 35B ins 2010 No. 18 s 19\namd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.35B-ssec.1) The board may ask the police commissioner for a written report about the criminal history of a relevant person.\n(sec.35B-ssec.2) If asked by the board, the police commissioner must give the board a written report about the criminal history of the relevant person.\n(sec.35B-ssec.3) The duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.35B-ssec.4) A report mentioned in subsection (2) may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes.\n(sec.35B-ssec.5) In this section— relevant person see section 35A (1) .","sortOrder":56},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Health assessments","content":"# Health assessments","sortOrder":57},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.35C Definitions for pt 2A\n\nIn this part—\nsubject architect see section 35D (1) .\ns 35C ins 2010 No. 18 s 20","sortOrder":58},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Health assessment","content":"### sec.35D Health assessment\n\nThis section applies if the board reasonably believes an architect (the subject architect ) is unable to competently and safely practise as an architect because of the architect’s mental or physical health.\nThe board may require the subject architect to undergo a health assessment by a medical practitioner (the health assessor ) appointed by the board.\nIf the board decides to require a health assessment, the board must give the subject architect an information notice about the decision to require the assessment that includes—\na stated date, time and place, for the assessment; and\nthe name and qualifications of the health assessor appointed by the board to conduct the assessment; and\nthe possible consequences of failing to undergo, or cooperate during, the assessment.\nThe stated date must be no sooner than 14 days after the information notice is given to the subject architect unless the architect and the board agree, in writing, to an earlier date.\nThe stated time and place must be reasonable having regard to the circumstances of the subject architect as known to the board.\ns 35D ins 2010 No. 18 s 20\namd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.35D-ssec.1) This section applies if the board reasonably believes an architect (the subject architect ) is unable to competently and safely practise as an architect because of the architect’s mental or physical health.\n(sec.35D-ssec.2) The board may require the subject architect to undergo a health assessment by a medical practitioner (the health assessor ) appointed by the board.\n(sec.35D-ssec.3) If the board decides to require a health assessment, the board must give the subject architect an information notice about the decision to require the assessment that includes— a stated date, time and place, for the assessment; and the name and qualifications of the health assessor appointed by the board to conduct the assessment; and the possible consequences of failing to undergo, or cooperate during, the assessment.\n(sec.35D-ssec.4) The stated date must be no sooner than 14 days after the information notice is given to the subject architect unless the architect and the board agree, in writing, to an earlier date.\n(sec.35D-ssec.5) The stated time and place must be reasonable having regard to the circumstances of the subject architect as known to the board.\n- (a) a stated date, time and place, for the assessment; and\n- (b) the name and qualifications of the health assessor appointed by the board to conduct the assessment; and\n- (c) the possible consequences of failing to undergo, or cooperate during, the assessment.","sortOrder":59},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Appointment of health assessor","content":"### sec.35E Appointment of health assessor\n\nBefore appointing a medical practitioner as a health assessor, the board must be satisfied the medical practitioner does not have a personal or professional connection with the subject architect that may prejudice the way in which the medical practitioner conducts the assessment.\ns 35E ins 2010 No. 18 s 20\namd 2020 No. 24 s 153 s ch 1 pt 1","sortOrder":60},{"sectionNumber":"sec.35F","sectionType":"section","heading":"Health assessment report","content":"### sec.35F Health assessment report\n\nA health assessor conducting all or part of a health assessment of a subject architect must prepare a report about the assessment ( health assessment report ).\nThe health assessment report must include—\nthe health assessor’s findings as to whether the subject architect is currently unable to competently and safely practise as an architect; and\nif the health assessor finds that the subject architect is unable to competently and safely practise as an architect—the health assessor’s recommendations as to any conditions that could be imposed on the architect’s registration to overcome the inability.\nThe health assessor must give the health assessment report to the board and a copy to the subject architect.\ns 35F ins 2010 No. 18 s 20\n(sec.35F-ssec.1) A health assessor conducting all or part of a health assessment of a subject architect must prepare a report about the assessment ( health assessment report ).\n(sec.35F-ssec.2) The health assessment report must include— the health assessor’s findings as to whether the subject architect is currently unable to competently and safely practise as an architect; and if the health assessor finds that the subject architect is unable to competently and safely practise as an architect—the health assessor’s recommendations as to any conditions that could be imposed on the architect’s registration to overcome the inability.\n(sec.35F-ssec.3) The health assessor must give the health assessment report to the board and a copy to the subject architect.\n- (a) the health assessor’s findings as to whether the subject architect is currently unable to competently and safely practise as an architect; and\n- (b) if the health assessor finds that the subject architect is unable to competently and safely practise as an architect—the health assessor’s recommendations as to any conditions that could be imposed on the architect’s registration to overcome the inability.","sortOrder":61},{"sectionNumber":"sec.35G","sectionType":"section","heading":"Payment for heath assessment and report","content":"### sec.35G Payment for heath assessment and report\n\nThe board is liable for the cost of the health assessment and the preparation of the health assessment report.\nHowever, if the assessment is that the subject architect is currently unable to competently and safely practise as an architect, the board may require the architect, by notice, to pay the board the amount of the cost of the assessment and of the preparation of the health assessment report.\nThe amount mentioned in subsection (2) is a debt payable to the board.\ns 35G ins 2010 No. 18 s 20\n(sec.35G-ssec.1) The board is liable for the cost of the health assessment and the preparation of the health assessment report.\n(sec.35G-ssec.2) However, if the assessment is that the subject architect is currently unable to competently and safely practise as an architect, the board may require the architect, by notice, to pay the board the amount of the cost of the assessment and of the preparation of the health assessment report.\n(sec.35G-ssec.3) The amount mentioned in subsection (2) is a debt payable to the board.","sortOrder":62},{"sectionNumber":"sec.35H","sectionType":"section","heading":"Use of health assessment report","content":"### sec.35H Use of health assessment report\n\nA health assessment report is not admissible in any proceeding, and a person can not be compelled to produce the report or to give evidence about the report or its contents in any proceeding.\nSubsection (1) does not apply in relation to—\na proceeding relating to an application by the subject architect to whom the report relates for registration as, or renewal or restoration of registration as, an architect under this Act; or\na proceeding on an appeal by the subject architect against a decision of the board—\nrefusing to grant, renew or restore registration; or\ncancelling or immediately suspending registration.\nAlso, subsection (1) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of—\nthe health assessor who prepared the report; and\nthe architect to whom the report relates.\nA health assessment report may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes.\nIn this section—\nhealth assessment report includes a copy of the report or a part of the report or copy.\ns 35H ins 2010 No. 18 s 20\n(sec.35H-ssec.1) A health assessment report is not admissible in any proceeding, and a person can not be compelled to produce the report or to give evidence about the report or its contents in any proceeding.\n(sec.35H-ssec.2) Subsection (1) does not apply in relation to— a proceeding relating to an application by the subject architect to whom the report relates for registration as, or renewal or restoration of registration as, an architect under this Act; or a proceeding on an appeal by the subject architect against a decision of the board— refusing to grant, renew or restore registration; or cancelling or immediately suspending registration.\n(sec.35H-ssec.3) Also, subsection (1) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of— the health assessor who prepared the report; and the architect to whom the report relates.\n(sec.35H-ssec.4) A health assessment report may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes.\n(sec.35H-ssec.5) In this section— health assessment report includes a copy of the report or a part of the report or copy.\n- (a) a proceeding relating to an application by the subject architect to whom the report relates for registration as, or renewal or restoration of registration as, an architect under this Act; or\n- (b) a proceeding on an appeal by the subject architect against a decision of the board— (i) refusing to grant, renew or restore registration; or (ii) cancelling or immediately suspending registration.\n- (i) refusing to grant, renew or restore registration; or\n- (ii) cancelling or immediately suspending registration.\n- (i) refusing to grant, renew or restore registration; or\n- (ii) cancelling or immediately suspending registration.\n- (a) the health assessor who prepared the report; and\n- (b) the architect to whom the report relates.","sortOrder":63},{"sectionNumber":"pt.2B","sectionType":"part","heading":"Audits of architects","content":"# Audits of architects","sortOrder":64},{"sectionNumber":"sec.35I","sectionType":"section","heading":"Approved audit programs","content":"### sec.35I Approved audit programs\n\nThe board may approve a program (an approved audit program ) to audit 1 or more architects.\nThe purpose of the approved audit program is to find out if an architect to whom the program applies (an audited architect ) has complied with—\na code of practice approved under section 108 ; or\npart 7 .\nThe approved audit program must state all of the following—\nthe purpose of the program;\nwhen the program starts and ends;\nthe criteria used to select an architect for the program;\nwho will carry out the program;\nany other matter relevant to carrying out the program.\ns 35I ins 2020 No. 24 s 11\n(sec.35I-ssec.1) The board may approve a program (an approved audit program ) to audit 1 or more architects.\n(sec.35I-ssec.2) The purpose of the approved audit program is to find out if an architect to whom the program applies (an audited architect ) has complied with— a code of practice approved under section 108 ; or part 7 .\n(sec.35I-ssec.3) The approved audit program must state all of the following— the purpose of the program; when the program starts and ends; the criteria used to select an architect for the program; who will carry out the program; any other matter relevant to carrying out the program.\n- (a) a code of practice approved under section 108 ; or\n- (b) part 7 .\n- (a) the purpose of the program;\n- (b) when the program starts and ends;\n- (c) the criteria used to select an architect for the program;\n- (d) who will carry out the program;\n- (e) any other matter relevant to carrying out the program.","sortOrder":65},{"sectionNumber":"sec.35J","sectionType":"section","heading":"Power to require production of documents","content":"### sec.35J Power to require production of documents\n\nThe board may, by notice given to an audited architect, require the audited architect to give the board a copy of, or access to, a document about a stated matter in the audited architect’s possession or control.\nThe notice must require the copy of, or access to, the document to be given within a stated reasonable period and in a stated reasonable way.\nThe audited architect must comply with the requirement, unless the audited architect has a reasonable excuse.\nMaximum penalty—100 penalty units.\nFor subsection (3) , it is a reasonable excuse for the audited architect not to comply with the requirement if complying with the requirement might tend to incriminate the audited architect or expose the audited architect to a penalty.\ns 35J ins 2020 No. 24 s 11\n(sec.35J-ssec.1) The board may, by notice given to an audited architect, require the audited architect to give the board a copy of, or access to, a document about a stated matter in the audited architect’s possession or control.\n(sec.35J-ssec.2) The notice must require the copy of, or access to, the document to be given within a stated reasonable period and in a stated reasonable way.\n(sec.35J-ssec.3) The audited architect must comply with the requirement, unless the audited architect has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.35J-ssec.4) For subsection (3) , it is a reasonable excuse for the audited architect not to comply with the requirement if complying with the requirement might tend to incriminate the audited architect or expose the audited architect to a penalty.","sortOrder":66},{"sectionNumber":"pt.3","sectionType":"part","heading":"Complaints and investigations","content":"# Complaints and investigations","sortOrder":67},{"sectionNumber":"pt.3-div.1AA","sectionType":"division","heading":"Extended application of part 3","content":"## Extended application of part 3","sortOrder":68},{"sectionNumber":"sec.36AA","sectionType":"section","heading":"Application to former architects","content":"### sec.36AA Application to former architects\n\nAction may be taken under this part in relation to a person who was an architect at the time the conduct of the person that is relevant for this part happened even though the person is no longer an architect.\nFor the purpose of taking action under this part, the person mentioned in subsection (1) is taken to be an architect.\nThis section does not limit, but may extend, the operation of the other provisions of this part.\ns 36AA ins 2010 No. 18 s 21\n(sec.36AA-ssec.1) Action may be taken under this part in relation to a person who was an architect at the time the conduct of the person that is relevant for this part happened even though the person is no longer an architect.\n(sec.36AA-ssec.2) For the purpose of taking action under this part, the person mentioned in subsection (1) is taken to be an architect.\n(sec.36AA-ssec.3) This section does not limit, but may extend, the operation of the other provisions of this part.","sortOrder":69},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Grounds for disciplining architects","content":"## Grounds for disciplining architects","sortOrder":70},{"sectionNumber":"sec.36","sectionType":"section","heading":"Grounds for disciplining an architect","content":"### sec.36 Grounds for disciplining an architect\n\nEach of the following is a ground (a disciplinary ground ) for disciplining an architect—\nthe architect has, whether before or after the commencement of this Act, behaved in a way that constitutes unsatisfactory professional conduct;\nthe architect has failed to comply with a provision of this Act or the repealed Act;\nthe architect has been convicted of an offence against an Act of the State, the Commonwealth or another State related to the practice of architecture;\nthe architect has contravened an undertaking entered into by the architect and the board under section 73 (2) (b) ;\nthe architect has contravened a condition of the architect’s registration.\ns 36 amd 2020 No. 24 s 12\n- (a) the architect has, whether before or after the commencement of this Act, behaved in a way that constitutes unsatisfactory professional conduct;\n- (b) the architect has failed to comply with a provision of this Act or the repealed Act;\n- (c) the architect has been convicted of an offence against an Act of the State, the Commonwealth or another State related to the practice of architecture;\n- (d) the architect has contravened an undertaking entered into by the architect and the board under section 73 (2) (b) ;\n- (e) the architect has contravened a condition of the architect’s registration.","sortOrder":71},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":72},{"sectionNumber":"sec.37","sectionType":"section","heading":"Complaints about conduct","content":"### sec.37 Complaints about conduct\n\nA person who is aggrieved by an architect’s conduct in carrying out architectural services, whether before or after the commencement of this Act, may make a complaint about the conduct to the board.\nA complaint must be in the approved form.\nThe chairperson must keep available for inspection, at the board’s office by members of the public, information about—\nthe type of conduct the board considers may give rise to a complaint; and\nhow a person may make a complaint.\nThe board must publish on the board’s website the information mentioned in subsection (3) .\ns 37 amd 2022 No. 11 s 4\n(sec.37-ssec.1) A person who is aggrieved by an architect’s conduct in carrying out architectural services, whether before or after the commencement of this Act, may make a complaint about the conduct to the board.\n(sec.37-ssec.2) A complaint must be in the approved form.\n(sec.37-ssec.3) The chairperson must keep available for inspection, at the board’s office by members of the public, information about— the type of conduct the board considers may give rise to a complaint; and how a person may make a complaint.\n(sec.37-ssec.4) The board must publish on the board’s website the information mentioned in subsection (3) .\n- (a) the type of conduct the board considers may give rise to a complaint; and\n- (b) how a person may make a complaint.","sortOrder":73},{"sectionNumber":"sec.38","sectionType":"section","heading":"Board may require further information or statutory declaration","content":"### sec.38 Board may require further information or statutory declaration\n\nThe board may, by notice, ask a complainant to give the board further information about the complaint within the reasonable time stated in the notice.\nAlso, the board may require a complainant to verify the complaint or further information by statutory declaration.\n(sec.38-ssec.1) The board may, by notice, ask a complainant to give the board further information about the complaint within the reasonable time stated in the notice.\n(sec.38-ssec.2) Also, the board may require a complainant to verify the complaint or further information by statutory declaration.","sortOrder":74},{"sectionNumber":"sec.39","sectionType":"section","heading":"Rejection of complaint","content":"### sec.39 Rejection of complaint\n\nThe board may decide to reject a complaint if the board reasonably considers the complaint is frivolous, vexatious or trivial.","sortOrder":75},{"sectionNumber":"sec.40","sectionType":"section","heading":"Withdrawal of complaint","content":"### sec.40 Withdrawal of complaint\n\nIf a complainant withdraws a complaint, the board need not take any further action about the complaint.\nHowever, the withdrawal does not stop the board—\ninvestigating, or continuing to investigate, the matter of the complaint; or\nauthorising an investigator to investigate, or continue to investigate, the matter of the complaint.\nIn deciding whether to act as mentioned in subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds.\n(sec.40-ssec.1) If a complainant withdraws a complaint, the board need not take any further action about the complaint.\n(sec.40-ssec.2) However, the withdrawal does not stop the board— investigating, or continuing to investigate, the matter of the complaint; or authorising an investigator to investigate, or continue to investigate, the matter of the complaint.\n(sec.40-ssec.3) In deciding whether to act as mentioned in subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds.\n- (a) investigating, or continuing to investigate, the matter of the complaint; or\n- (b) authorising an investigator to investigate, or continue to investigate, the matter of the complaint.","sortOrder":76},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Investigations","content":"## Investigations","sortOrder":77},{"sectionNumber":"sec.41","sectionType":"section","heading":"Investigation of architect’s conduct","content":"### sec.41 Investigation of architect’s conduct\n\nThis section applies if—\na complaint is made about an architect’s conduct in carrying out architectural services; or\nthe board reasonably believes an aspect of an architect’s conduct in carrying out architectural services may provide a ground for disciplining the architect.\nThe board may conduct an investigation of the architect’s conduct or authorise, in writing, an investigator to conduct the investigation.\nTo help the board decide whether to act under subsection (2) , the board may give the architect a notice stating the architect may make a submission to the board about the complaint or ground for disciplining the architect within the reasonable time stated in the notice.\n(sec.41-ssec.1) This section applies if— a complaint is made about an architect’s conduct in carrying out architectural services; or the board reasonably believes an aspect of an architect’s conduct in carrying out architectural services may provide a ground for disciplining the architect.\n(sec.41-ssec.2) The board may conduct an investigation of the architect’s conduct or authorise, in writing, an investigator to conduct the investigation.\n(sec.41-ssec.3) To help the board decide whether to act under subsection (2) , the board may give the architect a notice stating the architect may make a submission to the board about the complaint or ground for disciplining the architect within the reasonable time stated in the notice.\n- (a) a complaint is made about an architect’s conduct in carrying out architectural services; or\n- (b) the board reasonably believes an aspect of an architect’s conduct in carrying out architectural services may provide a ground for disciplining the architect.","sortOrder":78},{"sectionNumber":"sec.42","sectionType":"section","heading":"Investigation of compliance with Act","content":"### sec.42 Investigation of compliance with Act\n\nIf the board reasonably suspects a person has committed an offence against this Act, the board may—\ninvestigate the suspected offence; or\nauthorise, in writing, an investigator to conduct the investigation.\nFor helping the board decide whether to act under subsection (1) , the board may give the person a notice stating the person may make a submission to the board about the matter the subject of the suspected offence within the reasonable time stated in the notice.\n(sec.42-ssec.1) If the board reasonably suspects a person has committed an offence against this Act, the board may— investigate the suspected offence; or authorise, in writing, an investigator to conduct the investigation.\n(sec.42-ssec.2) For helping the board decide whether to act under subsection (1) , the board may give the person a notice stating the person may make a submission to the board about the matter the subject of the suspected offence within the reasonable time stated in the notice.\n- (a) investigate the suspected offence; or\n- (b) authorise, in writing, an investigator to conduct the investigation.","sortOrder":79},{"sectionNumber":"sec.43","sectionType":"section","heading":"Investigation to be conducted as quickly as possible","content":"### sec.43 Investigation to be conducted as quickly as possible\n\nThe board, or an investigator it authorises to conduct an investigation, must conduct the investigation as quickly as possible having regard to the nature of the matter being investigated.","sortOrder":80},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice of investigation","content":"### sec.44 Notice of investigation\n\nAs soon as practicable after deciding to conduct, or authorising an investigator to conduct, an investigation in relation to a person, the board must give the person notice of the investigation.\nThe notice must state each of the following—\nwhether the investigation is being conducted by the board or an investigator;\nif an investigator is conducting the investigation—the investigator’s name;\nif the investigation relates to a complaint—the nature of the complaint;\nif the board or an investigator is conducting the investigation on the board’s own initiative under section 41 (1) (b) or 42 —the grounds that are the basis for the investigation;\nthat the person may make, during the course of the investigation, a submission to the board or investigator about the complaint or other grounds for the investigation, and how a submission may be made.\nHowever, the board need not give the person the notice if the board reasonably believes that giving the notice may—\nseriously prejudice the investigation; or\nplace the complainant or another person at risk of harassment or intimidation.\nA submission under subsection (2) (e) must be made to—\nif an investigator is conducting the investigation—the investigator; or\notherwise—the board.\n(sec.44-ssec.1) As soon as practicable after deciding to conduct, or authorising an investigator to conduct, an investigation in relation to a person, the board must give the person notice of the investigation.\n(sec.44-ssec.2) The notice must state each of the following— whether the investigation is being conducted by the board or an investigator; if an investigator is conducting the investigation—the investigator’s name; if the investigation relates to a complaint—the nature of the complaint; if the board or an investigator is conducting the investigation on the board’s own initiative under section 41 (1) (b) or 42 —the grounds that are the basis for the investigation; that the person may make, during the course of the investigation, a submission to the board or investigator about the complaint or other grounds for the investigation, and how a submission may be made.\n(sec.44-ssec.3) However, the board need not give the person the notice if the board reasonably believes that giving the notice may— seriously prejudice the investigation; or place the complainant or another person at risk of harassment or intimidation.\n(sec.44-ssec.4) A submission under subsection (2) (e) must be made to— if an investigator is conducting the investigation—the investigator; or otherwise—the board.\n- (a) whether the investigation is being conducted by the board or an investigator;\n- (b) if an investigator is conducting the investigation—the investigator’s name;\n- (c) if the investigation relates to a complaint—the nature of the complaint;\n- (d) if the board or an investigator is conducting the investigation on the board’s own initiative under section 41 (1) (b) or 42 —the grounds that are the basis for the investigation;\n- (e) that the person may make, during the course of the investigation, a submission to the board or investigator about the complaint or other grounds for the investigation, and how a submission may be made.\n- (a) seriously prejudice the investigation; or\n- (b) place the complainant or another person at risk of harassment or intimidation.\n- (a) if an investigator is conducting the investigation—the investigator; or\n- (b) otherwise—the board.","sortOrder":81},{"sectionNumber":"sec.45","sectionType":"section","heading":"Board may engage persons to help investigation","content":"### sec.45 Board may engage persons to help investigation\n\nThe board may engage a person to help the board or investigator in conducting an investigation if the board is satisfied the person is sufficiently qualified or experienced to help the board or investigator about the matter the subject of the investigation.\nWithout limiting subsection (1) , the board may engage the person to give the board or investigator a written report about the matter the subject of the investigation.\n(sec.45-ssec.1) The board may engage a person to help the board or investigator in conducting an investigation if the board is satisfied the person is sufficiently qualified or experienced to help the board or investigator about the matter the subject of the investigation.\n(sec.45-ssec.2) Without limiting subsection (1) , the board may engage the person to give the board or investigator a written report about the matter the subject of the investigation.","sortOrder":82},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Investigators","content":"## Investigators","sortOrder":83},{"sectionNumber":"sec.46","sectionType":"section","heading":"Function of investigator","content":"### sec.46 Function of investigator\n\nAn investigator has the function of conducting the investigation the investigator is authorised to conduct by the board.","sortOrder":84},{"sectionNumber":"sec.47","sectionType":"section","heading":"Powers of investigator","content":"### sec.47 Powers of investigator\n\nTo conduct the investigation, an investigator has the powers given to the investigator under this Act.","sortOrder":85},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Appointment of investigators and other matters","content":"## Appointment of investigators and other matters","sortOrder":86},{"sectionNumber":"sec.48","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.48 Appointment and qualifications\n\nThe board may appoint a person as an investigator.\nThe person must be an individual who is not a board member.\nHowever, the board may appoint a person as an investigator only if the board is satisfied the person is appropriately qualified.\ns 48 amd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.48-ssec.1) The board may appoint a person as an investigator.\n(sec.48-ssec.2) The person must be an individual who is not a board member.\n(sec.48-ssec.3) However, the board may appoint a person as an investigator only if the board is satisfied the person is appropriately qualified.","sortOrder":87},{"sectionNumber":"sec.49","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.49 Appointment conditions and limit on powers\n\nAn investigator holds office on any conditions stated in—\nthe investigator’s instrument of appointment; or\na signed notice given to the investigator; or\na regulation.\nThe instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chairperson or deputy chairperson.\n(sec.49-ssec.1) An investigator holds office on any conditions stated in— the investigator’s instrument of appointment; or a signed notice given to the investigator; or a regulation.\n(sec.49-ssec.2) The instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers under this Act.\n(sec.49-ssec.3) In this section— signed notice means a notice signed by the chairperson or deputy chairperson.\n- (a) the investigator’s instrument of appointment; or\n- (b) a signed notice given to the investigator; or\n- (c) a regulation.","sortOrder":88},{"sectionNumber":"sec.50","sectionType":"section","heading":"Issue of identity card","content":"### sec.50 Issue of identity card\n\nThe board must issue an identity card to each investigator.\nThe identity card must—\ncontain a recent photograph of the investigator; and\ncontain a copy of the investigator’s signature; and\nidentify the person as an investigator under this Act; and\nstate an expiry date for the card.\ns 50 amd 2020 No. 24 s 13\n(sec.50-ssec.1) The board must issue an identity card to each investigator.\n(sec.50-ssec.2) The identity card must— contain a recent photograph of the investigator; and contain a copy of the investigator’s signature; and identify the person as an investigator under this Act; and state an expiry date for the card. s 50 amd 2020 No. 24 s 13\n- (a) contain a recent photograph of the investigator; and\n- (b) contain a copy of the investigator’s signature; and\n- (c) identify the person as an investigator under this Act; and\n- (d) state an expiry date for the card.","sortOrder":89},{"sectionNumber":"sec.51","sectionType":"section","heading":"Production or display of identity card","content":"### sec.51 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an investigator must—\nproduce the investigator’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an investigator does not exercise a power in relation to a person only because the inspector has entered a public place under section 62A (1) (b) .\ns 51 amd 2020 No. 24 s 14\n(sec.51-ssec.1) In exercising a power under this Act in relation to a person, an investigator must— produce the investigator’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.51-ssec.2) However, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.51-ssec.3) For subsection (1) , an investigator does not exercise a power in relation to a person only because the inspector has entered a public place under section 62A (1) (b) .\n- (a) produce the investigator’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":90},{"sectionNumber":"sec.52","sectionType":"section","heading":"When investigator ceases to hold office","content":"### sec.52 When investigator ceases to hold office\n\nAn investigator ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the investigator ceases to hold office;\nthe investigator’s resignation under section 53 takes effect.\nSubsection (1) does not limit the ways an investigator may cease to hold office.\nIn this section—\ncondition of office means a condition on which the investigator holds office.\n(sec.52-ssec.1) An investigator ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the investigator ceases to hold office; the investigator’s resignation under section 53 takes effect.\n(sec.52-ssec.2) Subsection (1) does not limit the ways an investigator may cease to hold office.\n(sec.52-ssec.3) In this section— condition of office means a condition on which the investigator holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the investigator ceases to hold office;\n- (c) the investigator’s resignation under section 53 takes effect.","sortOrder":91},{"sectionNumber":"sec.53","sectionType":"section","heading":"Resignation","content":"### sec.53 Resignation\n\nAn investigator may resign by signed notice given to the board.","sortOrder":92},{"sectionNumber":"sec.54","sectionType":"section","heading":"Failure to return identity card","content":"### sec.54 Failure to return identity card\n\nAn individual who ceases to be an investigator must return the individual’s identity card to the board within 21 days after ceasing to be an investigator, unless the individual has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":93},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Powers of board and investigators","content":"## Powers of board and investigators","sortOrder":94},{"sectionNumber":"sec.55","sectionType":"section","heading":"Power to require information or attendance","content":"### sec.55 Power to require information or attendance\n\nFor an investigation, the board or an investigator may, by notice given to a person, require the person to—\ngive the board or investigator information related to the investigation by a stated reasonable time; or\nattend before the board or investigator at a stated reasonable time and place to answer questions, or produce documents, related to the investigation.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\narchitectural plans or drawings\ns 55 sub 2020 No. 24 s 15\n(sec.55-ssec.1) For an investigation, the board or an investigator may, by notice given to a person, require the person to— give the board or investigator information related to the investigation by a stated reasonable time; or attend before the board or investigator at a stated reasonable time and place to answer questions, or produce documents, related to the investigation.\n(sec.55-ssec.2) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.55-ssec.3) In this section— information includes a document. architectural plans or drawings\n- (a) give the board or investigator information related to the investigation by a stated reasonable time; or\n- (b) attend before the board or investigator at a stated reasonable time and place to answer questions, or produce documents, related to the investigation.","sortOrder":95},{"sectionNumber":"sec.56","sectionType":"section","heading":"Offence to contravene information or attendance requirement","content":"### sec.56 Offence to contravene information or attendance requirement\n\nA person of whom a requirement is made under section 55 (1) (a) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person of whom a requirement is made under section 55 (1) (b) must not fail, without reasonable excuse—\nto attend as required by the notice; or\nto continue to attend as required by the board or investigator until excused from further attendance; or\nto answer a question the person is required to answer by the board or investigator; or\nto produce a document the person is required to produce by the notice.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for a person not to give the information, answer the question or produce the document, if giving the information, answering the question or producing the document might tend to incriminate the person or expose the person to a penalty.\ns 56 amd 2020 No. 24 s 16\n(sec.56-ssec.1) A person of whom a requirement is made under section 55 (1) (a) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.56-ssec.2) A person of whom a requirement is made under section 55 (1) (b) must not fail, without reasonable excuse— to attend as required by the notice; or to continue to attend as required by the board or investigator until excused from further attendance; or to answer a question the person is required to answer by the board or investigator; or to produce a document the person is required to produce by the notice. Maximum penalty—50 penalty units.\n(sec.56-ssec.3) It is a reasonable excuse for a person not to give the information, answer the question or produce the document, if giving the information, answering the question or producing the document might tend to incriminate the person or expose the person to a penalty.\n- (a) to attend as required by the notice; or\n- (b) to continue to attend as required by the board or investigator until excused from further attendance; or\n- (c) to answer a question the person is required to answer by the board or investigator; or\n- (d) to produce a document the person is required to produce by the notice.","sortOrder":96},{"sectionNumber":"sec.57","sectionType":"section","heading":"Inspection and copying of produced documents","content":"### sec.57 Inspection and copying of produced documents\n\nIf a document is produced to the board or an investigator, whether under a notice under section 55 or otherwise, the board or investigator may inspect it.\nAlso, the board or investigator may make a copy of, or take an extract from, the document if the board or investigator reasonably considers the document may be relevant to the investigation being conducted by the board or investigator.\n(sec.57-ssec.1) If a document is produced to the board or an investigator, whether under a notice under section 55 or otherwise, the board or investigator may inspect it.\n(sec.57-ssec.2) Also, the board or investigator may make a copy of, or take an extract from, the document if the board or investigator reasonably considers the document may be relevant to the investigation being conducted by the board or investigator.","sortOrder":97},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Seizure of documents","content":"## Seizure of documents","sortOrder":98},{"sectionNumber":"sec.58","sectionType":"section","heading":"Seizing document as evidence","content":"### sec.58 Seizing document as evidence\n\nThe board or investigator may seize a document mentioned in section 57 (1) if the board or investigator reasonably believes the document is evidence that is relevant to the investigation being conducted by the board or investigator.","sortOrder":99},{"sectionNumber":"sec.59","sectionType":"section","heading":"Receipt for seized document","content":"### sec.59 Receipt for seized document\n\nAs soon as practicable after the board or investigator seizes a document, the board or investigator must give a receipt for it to the person from whom it was seized.\nThe receipt must describe generally each document seized and its condition.\n(sec.59-ssec.1) As soon as practicable after the board or investigator seizes a document, the board or investigator must give a receipt for it to the person from whom it was seized.\n(sec.59-ssec.2) The receipt must describe generally each document seized and its condition.","sortOrder":100},{"sectionNumber":"sec.60","sectionType":"section","heading":"Investigator to give seized document to board","content":"### sec.60 Investigator to give seized document to board\n\nIf an investigator seizes a document under section 58 , the investigator must give the document to the board when the investigator gives the board a report about the investigation under section 71 (1) .","sortOrder":101},{"sectionNumber":"sec.61","sectionType":"section","heading":"Access to seized document","content":"### sec.61 Access to seized document\n\nUntil a seized document is returned, the board or investigator must allow its owner to inspect or copy it.\nSubsection (1) does not apply if it would be unreasonable to allow the inspection or copying.\n(sec.61-ssec.1) Until a seized document is returned, the board or investigator must allow its owner to inspect or copy it.\n(sec.61-ssec.2) Subsection (1) does not apply if it would be unreasonable to allow the inspection or copying.","sortOrder":102},{"sectionNumber":"sec.62","sectionType":"section","heading":"Return of seized document","content":"### sec.62 Return of seized document\n\nThe board must return a document seized as evidence, whether by the board or an investigator, to its owner—\nat the end of 6 months; or\nif proceedings involving the document are started within 6 months—at the end of the proceedings and any appeal from the proceedings.\nDespite subsection (1) , the board must immediately return the document to its owner if the board stops being satisfied its continued retention as evidence is necessary.\n(sec.62-ssec.1) The board must return a document seized as evidence, whether by the board or an investigator, to its owner— at the end of 6 months; or if proceedings involving the document are started within 6 months—at the end of the proceedings and any appeal from the proceedings.\n(sec.62-ssec.2) Despite subsection (1) , the board must immediately return the document to its owner if the board stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if proceedings involving the document are started within 6 months—at the end of the proceedings and any appeal from the proceedings.","sortOrder":103},{"sectionNumber":"pt.3-div.7A","sectionType":"division","heading":"Entry of places by investigators","content":"## Entry of places by investigators","sortOrder":104},{"sectionNumber":"sec.62A","sectionType":"section","heading":"General power to enter places","content":"### sec.62A General power to enter places\n\nAn investigator may enter a place if—\nan occupier at the place consents under subdivision 2 to the entry and section 62D has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 62I has been complied with for the occupier.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\ns 62A ins 2020 No. 24 s 17\n(sec.62A-ssec.1) An investigator may enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 62D has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 62I has been complied with for the occupier.\n(sec.62A-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.62A-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n- (a) an occupier at the place consents under subdivision 2 to the entry and section 62D has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 62I has been complied with for the occupier.","sortOrder":105},{"sectionNumber":"sec.62B","sectionType":"section","heading":"Application of subdivision","content":"### sec.62B Application of subdivision\n\nThis subdivision applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 62A (1) (a) .\ns 62B ins 2020 No. 24 s 17","sortOrder":106},{"sectionNumber":"sec.62C","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.62C Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an investigator may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\ns 62C ins 2020 No. 24 s 17\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":107},{"sectionNumber":"sec.62D","sectionType":"section","heading":"Matters investigator must tell occupier","content":"### sec.62D Matters investigator must tell occupier\n\nBefore asking for the consent, the investigator must—\nexplain to the occupier the purpose of the entry, including the powers intended to be exercised; and\ntell the occupier that—\nthe occupier is not required to consent; and\nthe consent may be given subject to conditions and may be withdrawn at any time.\ns 62D ins 2020 No. 24 s 17\n- (a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and\n- (b) tell the occupier that— (i) the occupier is not required to consent; and (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":108},{"sectionNumber":"sec.62E","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.62E Consent acknowledgement\n\nIf the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthat the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier has been told—\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthat the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and\nthe day and time the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 62E ins 2020 No. 24 s 17\n(sec.62E-ssec.1) If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.\n(sec.62E-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and that the occupier has been told— that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and the day and time the consent was given; and any conditions of the consent.\n(sec.62E-ssec.3) If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.\n(sec.62E-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) that the occupier has been given an explanation about the purpose of the entry, including the powers intended to be exercised; and\n- (c) that the occupier has been told— (i) that the occupier is not required to consent; and (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (d) that the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and\n- (e) the day and time the consent was given; and\n- (f) any conditions of the consent.\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":109},{"sectionNumber":"sec.62F","sectionType":"section","heading":"Application for warrant","content":"### sec.62F Application for warrant\n\nAn investigator may apply to a magistrate for a warrant for a place.\nThe investigator must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\ns 62F ins 2020 No. 24 s 17\n(sec.62F-ssec.1) An investigator may apply to a magistrate for a warrant for a place.\n(sec.62F-ssec.2) The investigator must prepare a written application that states the grounds on which the warrant is sought.\n(sec.62F-ssec.3) The written application must be sworn.\n(sec.62F-ssec.4) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.","sortOrder":110},{"sectionNumber":"sec.62G","sectionType":"section","heading":"Issue of warrant","content":"### sec.62G Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated investigator or any investigator may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the powers of an investigator; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\ns 62G ins 2020 No. 24 s 17\n(sec.62G-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act.\n(sec.62G-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated investigator or any investigator may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the powers of an investigator; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends. s 62G ins 2020 No. 24 s 17\n- (a) the place to which the warrant applies; and\n- (b) that a stated investigator or any investigator may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the powers of an investigator; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the powers of an investigator; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the powers of an investigator; and","sortOrder":111},{"sectionNumber":"sec.62H","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.62H Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\ns 62H ins 2020 No. 24 s 17\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":112},{"sectionNumber":"sec.62I","sectionType":"section","heading":"Entry procedure","content":"### sec.62I Entry procedure\n\nThis section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\nBefore entering the place, the investigator must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\ngive the person a copy of the warrant;\ntell the person the investigator is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the investigator immediate entry to the place without using force.\nHowever, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\ns 62I ins 2020 No. 24 s 17\n(sec.62I-ssec.1) This section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\n(sec.62I-ssec.2) Before entering the place, the investigator must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment; give the person a copy of the warrant; tell the person the investigator is permitted by the warrant to enter the place; give the person an opportunity to allow the investigator immediate entry to the place without using force.\n(sec.62I-ssec.3) However, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the investigator is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the investigator immediate entry to the place without using force.","sortOrder":113},{"sectionNumber":"pt.3-div.7B","sectionType":"division","heading":"General powers of investigators after entering places","content":"## General powers of investigators after entering places","sortOrder":114},{"sectionNumber":"sec.62J","sectionType":"section","heading":"Application of division","content":"### sec.62J Application of division\n\nThe powers under this division may be exercised if the investigator enters a place under section 62A .\nHowever, if an investigator enters a place to get the occupier’s consent to enter a place, this division applies to the investigator only if the consent is given or the entry is otherwise authorised.\ns 62J ins 2020 No. 24 s 17\n(sec.62J-ssec.1) The powers under this division may be exercised if the investigator enters a place under section 62A .\n(sec.62J-ssec.2) However, if an investigator enters a place to get the occupier’s consent to enter a place, this division applies to the investigator only if the consent is given or the entry is otherwise authorised.","sortOrder":115},{"sectionNumber":"sec.62K","sectionType":"section","heading":"General powers","content":"### sec.62K General powers\n\nThe investigator may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\ntake into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe investigator may take a necessary step to allow the exercise of a general power.\nIf the investigator takes a document from the place to copy it, the investigator must copy the document and return it to the place as soon as practicable.\nIf the investigator takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the investigator must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\ns 62K ins 2020 No. 24 s 17\n(sec.62K-ssec.1) The investigator may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.62K-ssec.2) The investigator may take a necessary step to allow the exercise of a general power.\n(sec.62K-ssec.3) If the investigator takes a document from the place to copy it, the investigator must copy the document and return it to the place as soon as practicable.\n(sec.62K-ssec.4) If the investigator takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the investigator must produce the document and return the article or device to the place as soon as practicable.\n(sec.62K-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (e) take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division;\n- (f) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":116},{"sectionNumber":"sec.62L","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.62L Power to require reasonable help\n\nThe investigator may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the investigator reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the investigator must give the person an offence warning for the requirement.\ns 62L ins 2020 No. 24 s 17\n(sec.62L-ssec.1) The investigator may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the investigator reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.62L-ssec.2) When making the help requirement, the investigator must give the person an offence warning for the requirement.","sortOrder":117},{"sectionNumber":"sec.62M","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.62M Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\ns 62M ins 2020 No. 24 s 17\n(sec.62M-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.62M-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":118},{"sectionNumber":"pt.3-div.7C","sectionType":"division","heading":"Power to seize evidence","content":"## Power to seize evidence","sortOrder":119},{"sectionNumber":"sec.62N","sectionType":"section","heading":"Seizing evidence at a public place that may be entered without consent or warrant","content":"### sec.62N Seizing evidence at a public place that may be entered without consent or warrant\n\nThis section applies if an investigator enters a public place.\nThe investigator may seize a thing at the public place if the investigator reasonably believes the thing is evidence of an offence against this Act.\ns 62N ins 2020 No. 24 s 17\n(sec.62N-ssec.1) This section applies if an investigator enters a public place.\n(sec.62N-ssec.2) The investigator may seize a thing at the public place if the investigator reasonably believes the thing is evidence of an offence against this Act.","sortOrder":120},{"sectionNumber":"sec.62O","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.62O Seizing evidence at a place that may only be entered with consent or warrant\n\nThis section applies if—\nan investigator is authorised to enter a place under this part only with the consent of the occupier of the place or a warrant; and\nthe investigator enters the place after obtaining the necessary consent or warrant.\nIf the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if—\nthe investigator reasonably believes the thing is evidence of an offence under this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.\nThe investigator may also seize anything else at the place if the investigator reasonably believes—\nthe thing is evidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\ns 62O ins 2020 No. 24 s 17\n(sec.62O-ssec.1) This section applies if— an investigator is authorised to enter a place under this part only with the consent of the occupier of the place or a warrant; and the investigator enters the place after obtaining the necessary consent or warrant.\n(sec.62O-ssec.2) If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if— the investigator reasonably believes the thing is evidence of an offence under this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.62O-ssec.3) If the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.\n(sec.62O-ssec.4) The investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence of an offence against this Act; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) an investigator is authorised to enter a place under this part only with the consent of the occupier of the place or a warrant; and\n- (b) the investigator enters the place after obtaining the necessary consent or warrant.\n- (a) the investigator reasonably believes the thing is evidence of an offence under this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":121},{"sectionNumber":"sec.62P","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.62P Power to secure seized thing\n\nHaving seized a thing under this division, an investigator may—\nleave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove the thing from the place of seizure.\nFor subsection (1) (a) , the investigator may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nrequire a person the investigator reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) .\ns 62P ins 2020 No. 24 s 17\n(sec.62P-ssec.1) Having seized a thing under this division, an investigator may— leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move the thing from the place of seizure.\n(sec.62P-ssec.2) For subsection (1) (a) , the investigator may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or require a person the investigator reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) . s 62P ins 2020 No. 24 s 17\n- (a) leave it at the place where it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move the thing from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or\n- (c) require a person the investigator reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) .","sortOrder":122},{"sectionNumber":"sec.62Q","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.62Q Offence to contravene seizure requirement\n\nA person must comply with a requirement made of the person under section 62P (2) (c) unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 62Q ins 2020 No. 24 s 17","sortOrder":123},{"sectionNumber":"sec.62R","sectionType":"section","heading":"Offence to interfere","content":"### sec.62R Offence to interfere\n\nIf access to a seized thing is restricted under section 62P , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan investigator’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\nIf access to a place is restricted under section 62P , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan investigator’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\ns 62R ins 2020 No. 24 s 17\n(sec.62R-ssec.1) If access to a seized thing is restricted under section 62P , a person must not tamper with the thing or with anything used to restrict access to the thing without— an investigator’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.62R-ssec.2) If access to a place is restricted under section 62P , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an investigator’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) an investigator’s approval; or\n- (b) a reasonable excuse.\n- (a) an investigator’s approval; or\n- (b) a reasonable excuse.","sortOrder":124},{"sectionNumber":"sec.62S","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.62S Receipt and information notice for seized thing\n\nThis section applies if an investigator seizes anything under this division unless—\nthe investigator reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the investigator to comply with this section.\nThe investigator must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe investigator may delay giving the receipt and information notice if the investigator reasonably suspects giving them may frustrate or otherwise hinder an investigation by the investigator under this part.\nHowever, the delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\ns 62S ins 2020 No. 24 s 17\n(sec.62S-ssec.1) This section applies if an investigator seizes anything under this division unless— the investigator reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the investigator to comply with this section.\n(sec.62S-ssec.2) The investigator must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.62S-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.62S-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.62S-ssec.5) The investigator may delay giving the receipt and information notice if the investigator reasonably suspects giving them may frustrate or otherwise hinder an investigation by the investigator under this part.\n(sec.62S-ssec.6) However, the delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.\n- (a) the investigator reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the investigator to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":125},{"sectionNumber":"sec.62T","sectionType":"section","heading":"Access to seized thing","content":"### sec.62T Access to seized thing\n\nUntil a seized thing is forfeited or returned, the investigator who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\ns 62T ins 2020 No. 24 s 17\n(sec.62T-ssec.1) Until a seized thing is forfeited or returned, the investigator who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.62T-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.62T-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":126},{"sectionNumber":"sec.62U","sectionType":"section","heading":"Return of seized things","content":"### sec.62U Return of seized things\n\nIf a seized thing is not forfeited, the investigator must return it to its owner—\nat the end of 1 year; or\nif proceedings involving the thing are started within 1 year, at the end of the proceedings and any appeal from the proceedings.\nDespite subsection (1) , unless a thing that has been seized as evidence is forfeited, the investigator must immediately return it to its owner if the investigator stops being satisfied its continued retention as evidence is necessary.\ns 62U ins 2020 No. 24 s 17\n(sec.62U-ssec.1) If a seized thing is not forfeited, the investigator must return it to its owner— at the end of 1 year; or if proceedings involving the thing are started within 1 year, at the end of the proceedings and any appeal from the proceedings.\n(sec.62U-ssec.2) Despite subsection (1) , unless a thing that has been seized as evidence is forfeited, the investigator must immediately return it to its owner if the investigator stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 1 year; or\n- (b) if proceedings involving the thing are started within 1 year, at the end of the proceedings and any appeal from the proceedings.","sortOrder":127},{"sectionNumber":"sec.62V","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.62V Forfeiture of seized things\n\nThe board may decide a thing that has been seized under this division is forfeited to the board if the board or an investigator—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner; or\nreasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\nHowever, for subsection (1) (a) and (b) , the board or investigator is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\ns 62V ins 2020 No. 24 s 17\n(sec.62V-ssec.1) The board may decide a thing that has been seized under this division is forfeited to the board if the board or an investigator— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner; or reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n(sec.62V-ssec.2) However, for subsection (1) (a) and (b) , the board or investigator is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. The owner of the thing has migrated to another country.\n(sec.62V-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable. s 62V ins 2020 No. 24 s 17\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner; or\n- (c) reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example for paragraph (b) — The owner of the thing has migrated to another country.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":128},{"sectionNumber":"sec.62W","sectionType":"section","heading":"Information notice about forfeiture decision","content":"### sec.62W Information notice about forfeiture decision\n\nIf the board decides under section 62V (1) to forfeit a seized thing, the board must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\nIf the decision was made under section 62V (1) (a) or (b) , the information notice may be given by leaving it at the place where the seized thing was seized, in a conspicuous position and in a reasonably secure way.\nThe information notice must state that the former owner may apply for a stay of the decision if he or she applies to the tribunal for a review of the decision.\nHowever, subsections (1) to (3) do not apply if—\nthe decision was made under section 62V (1) (a) or (b) ; and\nthe place where the seized thing was seized is—\na public place; or\na place where the notice is unlikely to be read by the former owner.\ns 62W ins 2020 No. 24 s 17\n(sec.62W-ssec.1) If the board decides under section 62V (1) to forfeit a seized thing, the board must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner ) an information notice about the decision.\n(sec.62W-ssec.2) If the decision was made under section 62V (1) (a) or (b) , the information notice may be given by leaving it at the place where the seized thing was seized, in a conspicuous position and in a reasonably secure way.\n(sec.62W-ssec.3) The information notice must state that the former owner may apply for a stay of the decision if he or she applies to the tribunal for a review of the decision.\n(sec.62W-ssec.4) However, subsections (1) to (3) do not apply if— the decision was made under section 62V (1) (a) or (b) ; and the place where the seized thing was seized is— a public place; or a place where the notice is unlikely to be read by the former owner. s 62W ins 2020 No. 24 s 17\n- (a) the decision was made under section 62V (1) (a) or (b) ; and\n- (b) the place where the seized thing was seized is— (i) a public place; or (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.\n- (i) a public place; or\n- (ii) a place where the notice is unlikely to be read by the former owner.","sortOrder":129},{"sectionNumber":"sec.62X","sectionType":"section","heading":"When thing becomes property of the board","content":"### sec.62X When thing becomes property of the board\n\nA thing becomes the property of the board if the thing is forfeited to the board under section 62V .\ns 62X ins 2020 No. 24 s 17","sortOrder":130},{"sectionNumber":"sec.62Y","sectionType":"section","heading":"How property may be dealt with","content":"### sec.62Y How property may be dealt with\n\nThis section applies if, under section 62X , a thing becomes the property of the board.\nThe board may deal with the thing as the board considers appropriate, including, for example, by destroying it or giving it away.\nThe board must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.\nIf the board sells the thing, the board must, after deducting the costs of the sale, make reasonable efforts to return the proceeds of the sale to the former owner of the thing.\ns 62Y ins 2020 No. 24 s 17\n(sec.62Y-ssec.1) This section applies if, under section 62X , a thing becomes the property of the board.\n(sec.62Y-ssec.2) The board may deal with the thing as the board considers appropriate, including, for example, by destroying it or giving it away.\n(sec.62Y-ssec.3) The board must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this part.\n(sec.62Y-ssec.4) If the board sells the thing, the board must, after deducting the costs of the sale, make reasonable efforts to return the proceeds of the sale to the former owner of the thing.","sortOrder":131},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Notice of damage and compensation","content":"## Notice of damage and compensation","sortOrder":132},{"sectionNumber":"sec.63","sectionType":"section","heading":"Notice of damage","content":"### sec.63 Notice of damage\n\nThis section applies if the board or an investigator damages property when exercising or purporting to exercise a power under division 6 or 7 .\nThe board or investigator must immediately give notice of the damage to the person who appears to the board or investigator to be the owner of the property.\nThe notice must state—\nthe particulars of the damage; and\nthat the person who suffered the damage may be entitled to claim compensation under section 64 .\nIf the board or investigator believes the damage was caused by a latent defect in the property or circumstances beyond the board’s or investigator’s control, the board or investigator may state the belief in the notice.\nThis section does not apply to damage the board or investigator reasonably believes is trivial.\nIn subsection (2) —\nowner , of property, includes the person in possession or control of it.\n(sec.63-ssec.1) This section applies if the board or an investigator damages property when exercising or purporting to exercise a power under division 6 or 7 .\n(sec.63-ssec.2) The board or investigator must immediately give notice of the damage to the person who appears to the board or investigator to be the owner of the property.\n(sec.63-ssec.3) The notice must state— the particulars of the damage; and that the person who suffered the damage may be entitled to claim compensation under section 64 .\n(sec.63-ssec.4) If the board or investigator believes the damage was caused by a latent defect in the property or circumstances beyond the board’s or investigator’s control, the board or investigator may state the belief in the notice.\n(sec.63-ssec.5) This section does not apply to damage the board or investigator reasonably believes is trivial.\n(sec.63-ssec.6) In subsection (2) — owner , of property, includes the person in possession or control of it.\n- (a) the particulars of the damage; and\n- (b) that the person who suffered the damage may be entitled to claim compensation under section 64 .","sortOrder":133},{"sectionNumber":"sec.64","sectionType":"section","heading":"Compensation","content":"### sec.64 Compensation\n\nThis section applies if a person incurs loss or damage because of the exercise or purported exercise of a power under division 6 or 7 .\nThe person is entitled to be paid the reasonable compensation because of the loss or damage agreed between the board and the person, or failing agreement, decided by a court.\nCompensation may be claimed and ordered to be paid in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against this Act brought against the person claiming compensation.\nA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n(sec.64-ssec.1) This section applies if a person incurs loss or damage because of the exercise or purported exercise of a power under division 6 or 7 .\n(sec.64-ssec.2) The person is entitled to be paid the reasonable compensation because of the loss or damage agreed between the board and the person, or failing agreement, decided by a court.\n(sec.64-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against this Act brought against the person claiming compensation.\n(sec.64-ssec.4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against this Act brought against the person claiming compensation.","sortOrder":134},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Offences about investigations","content":"## Offences about investigations","sortOrder":135},{"sectionNumber":"sec.65","sectionType":"section","heading":"False or misleading statements","content":"### sec.65 False or misleading statements\n\nA person must not, in relation to an investigation under this part, state anything to the board or an investigator that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":136},{"sectionNumber":"sec.66","sectionType":"section","heading":"False or misleading documents","content":"### sec.66 False or misleading documents\n\nA person must not, in relation to an investigation under this part, give the board or an investigator a document containing information that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the board or investigator, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information to the board or investigator.\n(sec.66-ssec.1) A person must not, in relation to an investigation under this part, give the board or an investigator a document containing information that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.66-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the board or investigator, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information to the board or investigator.\n- (a) informs the board or investigator, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information to the board or investigator.","sortOrder":137},{"sectionNumber":"sec.67","sectionType":"section","heading":"Obstructing board or investigators","content":"### sec.67 Obstructing board or investigators\n\nA person must not obstruct the board in its exercise of a power in the conduct of an investigation, or an investigator in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed the board or an investigator as mentioned in subsection (1) and the board or investigator decides to proceed with the exercise of the power, the board or investigator must warn the person that—\nit is an offence to obstruct the board or an investigator, unless the person has a reasonable excuse; and\nthe board or investigator considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.67-ssec.1) A person must not obstruct the board in its exercise of a power in the conduct of an investigation, or an investigator in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.67-ssec.2) If a person has obstructed the board or an investigator as mentioned in subsection (1) and the board or investigator decides to proceed with the exercise of the power, the board or investigator must warn the person that— it is an offence to obstruct the board or an investigator, unless the person has a reasonable excuse; and the board or investigator considers the person’s conduct is an obstruction.\n(sec.67-ssec.3) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the board or an investigator, unless the person has a reasonable excuse; and\n- (b) the board or investigator considers the person’s conduct is an obstruction.","sortOrder":138},{"sectionNumber":"sec.68","sectionType":"section","heading":"Impersonation of investigators","content":"### sec.68 Impersonation of investigators\n\nA person must not pretend to be an investigator.\nMaximum penalty—100 penalty units.","sortOrder":139},{"sectionNumber":"pt.4","sectionType":"part","heading":"Reports and board’s decisions about investigations","content":"# Reports and board’s decisions about investigations","sortOrder":140},{"sectionNumber":"sec.69AA","sectionType":"section","heading":"Application of pt 4 to certain former architects","content":"### sec.69AA Application of pt 4 to certain former architects\n\nFor applying this part to a person mentioned in section 36AA (1) , the person is taken to be an architect.\ns 69AA ins 2010 No. 18 s 22","sortOrder":141},{"sectionNumber":"sec.69","sectionType":"section","heading":"Board’s report about investigation","content":"### sec.69 Board’s report about investigation\n\nThe board must, as soon as practicable after completing an investigation, prepare a written report about the investigation.\nThe report must include the board’s findings about the investigation, including, if the investigation was the result of a complaint, the board’s findings about the complaint.\n(sec.69-ssec.1) The board must, as soon as practicable after completing an investigation, prepare a written report about the investigation.\n(sec.69-ssec.2) The report must include the board’s findings about the investigation, including, if the investigation was the result of a complaint, the board’s findings about the complaint.","sortOrder":142},{"sectionNumber":"sec.70","sectionType":"section","heading":"Report about investigation being conducted","content":"### sec.70 Report about investigation being conducted\n\nAn investigator must, if asked by the board, give the board an interim report about the conduct of an investigation being conducted by the investigator.","sortOrder":143},{"sectionNumber":"sec.71","sectionType":"section","heading":"Investigator’s report about investigation","content":"### sec.71 Investigator’s report about investigation\n\nAn investigator must, as soon as practicable after the investigator considers an investigation being conducted by the investigator is completed, give the board a written report about the investigation.\nIf the investigation was the result of a complaint, the report must include the investigator’s findings about the complaint.\nIf the board considers the report does not include enough information to enable the board to make a decision under section 73 (2) or 75 (2) , the board may, by notice, ask the investigator to give the board a further report about the investigation.\nThe investigator must, as soon as practicable, comply with a request under subsection (3) .\n(sec.71-ssec.1) An investigator must, as soon as practicable after the investigator considers an investigation being conducted by the investigator is completed, give the board a written report about the investigation.\n(sec.71-ssec.2) If the investigation was the result of a complaint, the report must include the investigator’s findings about the complaint.\n(sec.71-ssec.3) If the board considers the report does not include enough information to enable the board to make a decision under section 73 (2) or 75 (2) , the board may, by notice, ask the investigator to give the board a further report about the investigation.\n(sec.71-ssec.4) The investigator must, as soon as practicable, comply with a request under subsection (3) .","sortOrder":144},{"sectionNumber":"sec.72","sectionType":"section","heading":"Board may report to Minister","content":"### sec.72 Board may report to Minister\n\nThe board may, at any time, give the Minister a report about an investigation conducted by the board or an investigator.","sortOrder":145},{"sectionNumber":"sec.73","sectionType":"section","heading":"Board’s decision on investigation about architects","content":"### sec.73 Board’s decision on investigation about architects\n\nThis section applies if the board—\nprepares a report under section 69 (1) about an architect; or\nreceives a report under section 71 (1) about an architect and does not request a further report about the architect under section 71 (3) ; or\nreceives a further report under section 71 (3) about an architect.\nAs soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following—\nstart a disciplinary proceeding against the architect;\nFor how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary proceedings).\nenter into an undertaking agreed with the architect about a matter relating to the architect carrying out architectural services, including, for example, to submit to an audit of the architect’s practice of architecture;\ncaution or reprimand the architect;\nimpose a condition on the architect’s registration;\ntake no further action about the matter the subject of the investigation.\nIf the architect does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) .\nIn acting under subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds.\nAlso, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the architect for an offence.\nA decision to take action as mentioned in subsection (2) (b) to (e) does not prevent the board taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct or practice that may result in starting a disciplinary proceeding against the architect.\ns 73 amd 2010 No. 18 s 23 ; 2020 No. 24 s 18\n(sec.73-ssec.1) This section applies if the board— prepares a report under section 69 (1) about an architect; or receives a report under section 71 (1) about an architect and does not request a further report about the architect under section 71 (3) ; or receives a further report under section 71 (3) about an architect.\n(sec.73-ssec.2) As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following— start a disciplinary proceeding against the architect; For how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary proceedings). enter into an undertaking agreed with the architect about a matter relating to the architect carrying out architectural services, including, for example, to submit to an audit of the architect’s practice of architecture; caution or reprimand the architect; impose a condition on the architect’s registration; take no further action about the matter the subject of the investigation.\n(sec.73-ssec.3) If the architect does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) .\n(sec.73-ssec.4) In acting under subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds.\n(sec.73-ssec.5) Also, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the architect for an offence.\n(sec.73-ssec.6) A decision to take action as mentioned in subsection (2) (b) to (e) does not prevent the board taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct or practice that may result in starting a disciplinary proceeding against the architect.\n- (a) prepares a report under section 69 (1) about an architect; or\n- (b) receives a report under section 71 (1) about an architect and does not request a further report about the architect under section 71 (3) ; or\n- (c) receives a further report under section 71 (3) about an architect.\n- (a) start a disciplinary proceeding against the architect; Note— For how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary proceedings).\n- (b) enter into an undertaking agreed with the architect about a matter relating to the architect carrying out architectural services, including, for example, to submit to an audit of the architect’s practice of architecture;\n- (c) caution or reprimand the architect;\n- (d) impose a condition on the architect’s registration;\n- (e) take no further action about the matter the subject of the investigation.","sortOrder":146},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice of result of investigation about architects","content":"### sec.74 Notice of result of investigation about architects\n\nAs soon as practicable after making a decision under section 73 (2) or (4) about an architect, the board must give notice of the decision to—\nthe architect; and\nif the investigation was the result of a complaint—the complainant.\nIf the board decides, under section 73 (2) (c) , to caution or reprimand the architect, the board must give the architect an information notice for the decision.\nIf the board decides, under section 73 (2) (e) , to take no further action about the matter the subject of an investigation started because of a complaint, the board must give the complainant an information notice for the decision.\ns 74 amd 2010 No. 18 s 24\n(sec.74-ssec.1) As soon as practicable after making a decision under section 73 (2) or (4) about an architect, the board must give notice of the decision to— the architect; and if the investigation was the result of a complaint—the complainant.\n(sec.74-ssec.2) If the board decides, under section 73 (2) (c) , to caution or reprimand the architect, the board must give the architect an information notice for the decision.\n(sec.74-ssec.3) If the board decides, under section 73 (2) (e) , to take no further action about the matter the subject of an investigation started because of a complaint, the board must give the complainant an information notice for the decision.\n- (a) the architect; and\n- (b) if the investigation was the result of a complaint—the complainant.","sortOrder":147},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Publishing of certain decisions on investigation about architect","content":"### sec.74A Publishing of certain decisions on investigation about architect\n\nThis section applies if the board decides—\nto caution or reprimand an architect under section 73 (2) (c) ; or\nto impose a condition on an architect’s registration under section 73 (2) (d) .\nThe board may notify the decision, and reasons for the decision, on the board’s website.\nThe board must not act under subsection (2) until the particulars of the decision are included in the register under section 102 .\ns 74A ins 2010 No. 18 s 25 ; 2020 No. 24 s 153 s ch 1 pt 1\n(sec.74A-ssec.1) This section applies if the board decides— to caution or reprimand an architect under section 73 (2) (c) ; or to impose a condition on an architect’s registration under section 73 (2) (d) .\n(sec.74A-ssec.2) The board may notify the decision, and reasons for the decision, on the board’s website.\n(sec.74A-ssec.3) The board must not act under subsection (2) until the particulars of the decision are included in the register under section 102 .\n- (a) to caution or reprimand an architect under section 73 (2) (c) ; or\n- (b) to impose a condition on an architect’s registration under section 73 (2) (d) .","sortOrder":148},{"sectionNumber":"sec.75","sectionType":"section","heading":"Board’s decision about other investigations","content":"### sec.75 Board’s decision about other investigations\n\nThis section applies if the board—\nprepares a report under section 69 (1) about a person other than an architect; or\nreceives a report under section 71 (1) about a person other than an architect and does not request a further report about the person under section 71 (3) ; or\nreceives a further report under section 71 (3) about a person other than an architect.\nAs soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following—\nstart proceedings to prosecute the person for an offence;\nenter into an undertaking agreed with the person about the person’s conduct, including, for example, to submit to an audit of the services carried out by the person;\ncaution or reprimand the person;\ntake no further action about the matter the subject of the investigation.\nIf the person does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) .\nAs soon as practicable after making the decision, the board must give notice of the decision to the person.\nIf the board decides, under subsection (2) (c) , to caution or reprimand the person, the board must give the person an information notice for the decision.\ns 75 amd 2010 No. 18 s 26 ; 2020 No. 24 s 19\n(sec.75-ssec.1) This section applies if the board— prepares a report under section 69 (1) about a person other than an architect; or receives a report under section 71 (1) about a person other than an architect and does not request a further report about the person under section 71 (3) ; or receives a further report under section 71 (3) about a person other than an architect.\n(sec.75-ssec.2) As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following— start proceedings to prosecute the person for an offence; enter into an undertaking agreed with the person about the person’s conduct, including, for example, to submit to an audit of the services carried out by the person; caution or reprimand the person; take no further action about the matter the subject of the investigation.\n(sec.75-ssec.3) If the person does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) .\n(sec.75-ssec.4) As soon as practicable after making the decision, the board must give notice of the decision to the person.\n(sec.75-ssec.5) If the board decides, under subsection (2) (c) , to caution or reprimand the person, the board must give the person an information notice for the decision.\n- (a) prepares a report under section 69 (1) about a person other than an architect; or\n- (b) receives a report under section 71 (1) about a person other than an architect and does not request a further report about the person under section 71 (3) ; or\n- (c) receives a further report under section 71 (3) about a person other than an architect.\n- (a) start proceedings to prosecute the person for an offence;\n- (b) enter into an undertaking agreed with the person about the person’s conduct, including, for example, to submit to an audit of the services carried out by the person;\n- (c) caution or reprimand the person;\n- (d) take no further action about the matter the subject of the investigation.","sortOrder":149},{"sectionNumber":"sec.76","sectionType":"section","heading":"Board to take action as soon as practicable","content":"### sec.76 Board to take action as soon as practicable\n\nAs soon as practicable after deciding to take action under section 73 (2) (a) to (d) , or (4), or section 75 (2) (a) to (c) , the board must take the action.\ns 76 amd 2010 No. 18 s 27","sortOrder":150},{"sectionNumber":"pt.5","sectionType":"part","heading":"Board of Architects of Queensland","content":"# Board of Architects of Queensland","sortOrder":151},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":152},{"sectionNumber":"sec.77","sectionType":"section","heading":"Establishment of board","content":"### sec.77 Establishment of board\n\nThe Board of Architects of Queensland is established.\nThe board—\nis a body corporate; and\nhas perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\n(sec.77-ssec.1) The Board of Architects of Queensland is established.\n(sec.77-ssec.2) The board— is a body corporate; and has perpetual succession; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has perpetual succession; and\n- (c) has a common seal; and\n- (d) may sue and be sued in its corporate name.","sortOrder":153},{"sectionNumber":"sec.78","sectionType":"section","heading":"Board’s relationship with the State","content":"### sec.78 Board’s relationship with the State\n\nThe board does not represent the State.","sortOrder":154},{"sectionNumber":"sec.79","sectionType":"section","heading":"Board’s independence etc.","content":"### sec.79 Board’s independence etc.\n\nIn performing its functions, the board is to act independently, impartially and in the public interest.","sortOrder":155},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":156},{"sectionNumber":"sec.80","sectionType":"section","heading":"Functions of board","content":"### sec.80 Functions of board\n\nThe functions of the board are as follows—\nto assess applications made to it under this Act;\nto register individuals who are eligible for registration and issue certificates of registration;\nto conduct, or authorise, investigations about the professional conduct of architects and contraventions of this Act;\nto approve a program to audit architects under part 2B ;\nto keep the register;\nto advise the Minister about the operation of this Act in its application to the practice of architecture;\nto arrange or approve examinations in the practice of architecture for the purpose of registration under this Act;\nto advance education in architecture and professional standards of architects;\nto perform other functions given to the board under this or another Act;\nto perform a function incidental to a function mentioned in paragraphs (a) to (i) .\ns 80 amd 2010 No. 18 s 28 ; 2020 No. 24 s 20\n- (a) to assess applications made to it under this Act;\n- (b) to register individuals who are eligible for registration and issue certificates of registration;\n- (c) to conduct, or authorise, investigations about the professional conduct of architects and contraventions of this Act;\n- (d) to approve a program to audit architects under part 2B ;\n- (e) to keep the register;\n- (f) to advise the Minister about the operation of this Act in its application to the practice of architecture;\n- (g) to arrange or approve examinations in the practice of architecture for the purpose of registration under this Act;\n- (h) to advance education in architecture and professional standards of architects;\n- (i) to perform other functions given to the board under this or another Act;\n- (j) to perform a function incidental to a function mentioned in paragraphs (a) to (i) .","sortOrder":157},{"sectionNumber":"sec.81","sectionType":"section","heading":"Powers of board","content":"### sec.81 Powers of board\n\nThe board has all the powers of an individual, and may, for example, do all or any of the following—\nenter into contracts;\nacquire, hold, deal with and dispose of, property;\nappoint and act through agents and attorneys;\nemploy staff and engage consultants;\ndo anything else necessary or convenient to be done for the performance of its functions.\nWithout limiting subsection (1) , the board has the other powers given to it under this Act.\n(sec.81-ssec.1) The board has all the powers of an individual, and may, for example, do all or any of the following— enter into contracts; acquire, hold, deal with and dispose of, property; appoint and act through agents and attorneys; employ staff and engage consultants; do anything else necessary or convenient to be done for the performance of its functions.\n(sec.81-ssec.2) Without limiting subsection (1) , the board has the other powers given to it under this Act.\n- (a) enter into contracts;\n- (b) acquire, hold, deal with and dispose of, property;\n- (c) appoint and act through agents and attorneys;\n- (d) employ staff and engage consultants;\n- (e) do anything else necessary or convenient to be done for the performance of its functions.","sortOrder":158},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":159},{"sectionNumber":"sec.82","sectionType":"section","heading":"Membership of board","content":"### sec.82 Membership of board\n\nThe board consists of 7 members appointed by the Governor in Council.\nThe members must include—\n1 person who—\nis the academic head or an academic representative of a school of architecture prescribed under a regulation; and\nis an architect, or as an applicant would be eligible for registration; and\n1 person who—\nis a representative of the Queensland Chapter of the Australian Institute of Architects (the institute ); and\nis an architect, or as an applicant would be eligible for registration; and\n1 architect elected under this Act; and\n1 architect who resides and undertakes architectural services in regional Queensland; and\n1 lawyer, of at least 10 years standing, with experience in the law relating to building and construction; and\n1 person who has at least 10 years experience as a construction contractor in the building and construction industry; and\n1 person who is not an architect.\nThe members mentioned in subsection (2) (a) , (b) and (d) to (g) are to be nominated by the Minister.\nIf an architect is not elected under subsection (2) (c) , the Minister may nominate an architect for appointment to the board.\nAn architect nominated under subsection (4) is taken to be elected under subsection (2) (c) .\nThe Minister must nominate a person for appointment under subsection (2) (g) who the Minister reasonably believes will represent community interests.\ns 82 amd 2010 No. 18 s 29\n(sec.82-ssec.1) The board consists of 7 members appointed by the Governor in Council.\n(sec.82-ssec.2) The members must include— 1 person who— is the academic head or an academic representative of a school of architecture prescribed under a regulation; and is an architect, or as an applicant would be eligible for registration; and 1 person who— is a representative of the Queensland Chapter of the Australian Institute of Architects (the institute ); and is an architect, or as an applicant would be eligible for registration; and 1 architect elected under this Act; and 1 architect who resides and undertakes architectural services in regional Queensland; and 1 lawyer, of at least 10 years standing, with experience in the law relating to building and construction; and 1 person who has at least 10 years experience as a construction contractor in the building and construction industry; and 1 person who is not an architect.\n(sec.82-ssec.3) The members mentioned in subsection (2) (a) , (b) and (d) to (g) are to be nominated by the Minister.\n(sec.82-ssec.4) If an architect is not elected under subsection (2) (c) , the Minister may nominate an architect for appointment to the board.\n(sec.82-ssec.5) An architect nominated under subsection (4) is taken to be elected under subsection (2) (c) .\n(sec.82-ssec.6) The Minister must nominate a person for appointment under subsection (2) (g) who the Minister reasonably believes will represent community interests.\n- (a) 1 person who— (i) is the academic head or an academic representative of a school of architecture prescribed under a regulation; and (ii) is an architect, or as an applicant would be eligible for registration; and\n- (i) is the academic head or an academic representative of a school of architecture prescribed under a regulation; and\n- (ii) is an architect, or as an applicant would be eligible for registration; and\n- (b) 1 person who— (i) is a representative of the Queensland Chapter of the Australian Institute of Architects (the institute ); and (ii) is an architect, or as an applicant would be eligible for registration; and\n- (i) is a representative of the Queensland Chapter of the Australian Institute of Architects (the institute ); and\n- (ii) is an architect, or as an applicant would be eligible for registration; and\n- (c) 1 architect elected under this Act; and\n- (d) 1 architect who resides and undertakes architectural services in regional Queensland; and\n- (e) 1 lawyer, of at least 10 years standing, with experience in the law relating to building and construction; and\n- (f) 1 person who has at least 10 years experience as a construction contractor in the building and construction industry; and\n- (g) 1 person who is not an architect.\n- (i) is the academic head or an academic representative of a school of architecture prescribed under a regulation; and\n- (ii) is an architect, or as an applicant would be eligible for registration; and\n- (i) is a representative of the Queensland Chapter of the Australian Institute of Architects (the institute ); and\n- (ii) is an architect, or as an applicant would be eligible for registration; and","sortOrder":160},{"sectionNumber":"sec.83","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.83 Chairperson and deputy chairperson\n\nThe chairperson of the board is the member appointed by the Governor in Council as the chairperson.\nThe deputy chairperson of the board is the member appointed by the Governor in Council as the deputy chairperson.\nA person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member.\nThe chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person’s term of office as a member ends sooner than the person’s term of office as chairperson or deputy chairperson.\nA vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member.\nHowever, a person resigning the office of chairperson or deputy chairperson may continue to be a member.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.\n(sec.83-ssec.1) The chairperson of the board is the member appointed by the Governor in Council as the chairperson.\n(sec.83-ssec.2) The deputy chairperson of the board is the member appointed by the Governor in Council as the deputy chairperson.\n(sec.83-ssec.3) A person may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a member.\n(sec.83-ssec.4) The chairperson or deputy chairperson holds office for the term decided by the Governor in Council, unless the person’s term of office as a member ends sooner than the person’s term of office as chairperson or deputy chairperson.\n(sec.83-ssec.5) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or stops being a member.\n(sec.83-ssec.6) However, a person resigning the office of chairperson or deputy chairperson may continue to be a member.\n(sec.83-ssec.7) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or for another reason can not perform the functions of the office.","sortOrder":161},{"sectionNumber":"sec.84","sectionType":"section","heading":"Duration of appointment","content":"### sec.84 Duration of appointment\n\nA member is to be appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.\nHowever, if at the end of a member’s term of appointment a person has not been appointed to replace the member, the member’s term does not end until the first of the following events to happen—\nthe end of 3 months after the day the member’s term would, apart from this subsection, have ended;\nthe member is reappointed;\nif the member is not reappointed—another person has been appointed to replace the member.\n(sec.84-ssec.1) A member is to be appointed for the term, of not more than 3 years, stated in the member’s instrument of appointment.\n(sec.84-ssec.2) However, if at the end of a member’s term of appointment a person has not been appointed to replace the member, the member’s term does not end until the first of the following events to happen— the end of 3 months after the day the member’s term would, apart from this subsection, have ended; the member is reappointed; if the member is not reappointed—another person has been appointed to replace the member.\n- (a) the end of 3 months after the day the member’s term would, apart from this subsection, have ended;\n- (b) the member is reappointed;\n- (c) if the member is not reappointed—another person has been appointed to replace the member.","sortOrder":162},{"sectionNumber":"sec.85","sectionType":"section","heading":"Conditions of appointment","content":"### sec.85 Conditions of appointment\n\nA member holds office—\non a part-time basis; and\non terms, not otherwise provided for in this Act, that are decided by the Governor in Council.\nA member is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.85-ssec.1) A member holds office— on a part-time basis; and on terms, not otherwise provided for in this Act, that are decided by the Governor in Council.\n(sec.85-ssec.2) A member is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n- (a) on a part-time basis; and\n- (b) on terms, not otherwise provided for in this Act, that are decided by the Governor in Council.","sortOrder":163},{"sectionNumber":"sec.86","sectionType":"section","heading":"Termination of appointment","content":"### sec.86 Termination of appointment\n\nThe Governor in Council may remove a member from office if—\nthe member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or\nthe Minister is satisfied the member—\nis incapable of performing the duties of a member because of physical or mental incapacity, or otherwise fails to perform the member’s duties; or\nis performing the member’s duties carelessly, incompetently or inefficiently; or\nis affected by bankruptcy action; or\nis an executive officer of a corporation affected by control action after the commencement of this section; or\nhas a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or\ncommits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer.\nIn this section—\nmeeting means the following—\nif the member does not attend—a meeting with a quorum present;\nif the member attends—a meeting with or without a quorum present.\n(sec.86-ssec.1) The Governor in Council may remove a member from office if— the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or the Minister is satisfied the member— is incapable of performing the duties of a member because of physical or mental incapacity, or otherwise fails to perform the member’s duties; or is performing the member’s duties carelessly, incompetently or inefficiently; or is affected by bankruptcy action; or is an executive officer of a corporation affected by control action after the commencement of this section; or has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer.\n(sec.86-ssec.2) In this section— meeting means the following— if the member does not attend—a meeting with a quorum present; if the member attends—a meeting with or without a quorum present.\n- (a) the member is absent from 3 consecutive meetings of the board without the board’s permission and without reasonable excuse; or\n- (b) the Minister is satisfied the member— (i) is incapable of performing the duties of a member because of physical or mental incapacity, or otherwise fails to perform the member’s duties; or (ii) is performing the member’s duties carelessly, incompetently or inefficiently; or (iii) is affected by bankruptcy action; or (iv) is an executive officer of a corporation affected by control action after the commencement of this section; or (v) has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or (vi) commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer.\n- (i) is incapable of performing the duties of a member because of physical or mental incapacity, or otherwise fails to perform the member’s duties; or\n- (ii) is performing the member’s duties carelessly, incompetently or inefficiently; or\n- (iii) is affected by bankruptcy action; or\n- (iv) is an executive officer of a corporation affected by control action after the commencement of this section; or\n- (v) has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or\n- (vi) commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer.\n- (i) is incapable of performing the duties of a member because of physical or mental incapacity, or otherwise fails to perform the member’s duties; or\n- (ii) is performing the member’s duties carelessly, incompetently or inefficiently; or\n- (iii) is affected by bankruptcy action; or\n- (iv) is an executive officer of a corporation affected by control action after the commencement of this section; or\n- (v) has a conviction, other than a spent conviction, for an indictable offence or an offence against this Act; or\n- (vi) commits misconduct of a kind that could justify dismissal from the public service if the member were a public service officer.\n- (a) if the member does not attend—a meeting with a quorum present;\n- (b) if the member attends—a meeting with or without a quorum present.","sortOrder":164},{"sectionNumber":"sec.87","sectionType":"section","heading":"Vacation of office","content":"### sec.87 Vacation of office\n\nThe office of a member becomes vacant if the member—\ndies; or\nresigns office by notice given to the Minister; or\nis removed from office under section 86 .\nAlso, the office of a member becomes vacant if the member ceases to hold the office or qualification, if any, mentioned in section 82 (2) for the member.\nIf a member resigns, the resignation takes effect on the day the notice is given or, if a later day is stated in the notice, on the later day.\ns 87 amd 2022 No. 11 s 5\n(sec.87-ssec.1) The office of a member becomes vacant if the member— dies; or resigns office by notice given to the Minister; or is removed from office under section 86 .\n(sec.87-ssec.2) Also, the office of a member becomes vacant if the member ceases to hold the office or qualification, if any, mentioned in section 82 (2) for the member.\n(sec.87-ssec.3) If a member resigns, the resignation takes effect on the day the notice is given or, if a later day is stated in the notice, on the later day.\n- (a) dies; or\n- (b) resigns office by notice given to the Minister; or\n- (c) is removed from office under section 86 .","sortOrder":165},{"sectionNumber":"sec.88","sectionType":"section","heading":"Leave of absence for a member","content":"### sec.88 Leave of absence for a member\n\nThe Minister may approve a leave of absence for a member (the absent member ) of not more than 9 months.\nThe Minister may appoint another person to act in the office of the absent member while the member is absent on the leave.\nA person appointed under subsection (2) , must be—\nif the absent member is a person mentioned in section 82 (2) (a) , (b) , (e) , (f) or (g) —a person who belongs to the same category of persons, mentioned in the section, to which the absent member belongs; or\nif the absent member is a person mentioned in section 82 (2) (c) or (d) —an architect.\nThe Minister’s power to appoint a person to act in the office of an absent member does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\n(sec.88-ssec.1) The Minister may approve a leave of absence for a member (the absent member ) of not more than 9 months.\n(sec.88-ssec.2) The Minister may appoint another person to act in the office of the absent member while the member is absent on the leave.\n(sec.88-ssec.3) A person appointed under subsection (2) , must be— if the absent member is a person mentioned in section 82 (2) (a) , (b) , (e) , (f) or (g) —a person who belongs to the same category of persons, mentioned in the section, to which the absent member belongs; or if the absent member is a person mentioned in section 82 (2) (c) or (d) —an architect.\n(sec.88-ssec.4) The Minister’s power to appoint a person to act in the office of an absent member does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\n- (a) if the absent member is a person mentioned in section 82 (2) (a) , (b) , (e) , (f) or (g) —a person who belongs to the same category of persons, mentioned in the section, to which the absent member belongs; or\n- (b) if the absent member is a person mentioned in section 82 (2) (c) or (d) —an architect.","sortOrder":166},{"sectionNumber":"sec.89","sectionType":"section","heading":"Effect of vacancy in membership of board","content":"### sec.89 Effect of vacancy in membership of board\n\nThe performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the membership of the board.\nSubsection (1) applies despite section 82 (1) .\n(sec.89-ssec.1) The performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the membership of the board.\n(sec.89-ssec.2) Subsection (1) applies despite section 82 (1) .","sortOrder":167},{"sectionNumber":"sec.90","sectionType":"section","heading":"Criminal history reports","content":"### sec.90 Criminal history reports\n\nThe chief executive may make inquiries about a person to help decide whether the person—\nis suitable for appointment as a member of the board under section 82 (2) ; or\nis suitable to act in the office of a member under section 88 (2) ; or\nhas a conviction for an offence mentioned in section 86 (1) (b) .\nWithout limiting subsection (1) , the chief executive may ask the police commissioner for—\na report about the person’s criminal history; and\na brief description of the nature of the offence giving rise to a conviction mentioned in the person’s criminal history.\nHowever, the chief executive may make a request under subsection (2) about a person only if the person has given the chief executive written consent for the request.\nThe police commissioner must comply with the request.\nThe duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 90 sub 2020 No. 24 s 21\n(sec.90-ssec.1) The chief executive may make inquiries about a person to help decide whether the person— is suitable for appointment as a member of the board under section 82 (2) ; or is suitable to act in the office of a member under section 88 (2) ; or has a conviction for an offence mentioned in section 86 (1) (b) .\n(sec.90-ssec.2) Without limiting subsection (1) , the chief executive may ask the police commissioner for— a report about the person’s criminal history; and a brief description of the nature of the offence giving rise to a conviction mentioned in the person’s criminal history.\n(sec.90-ssec.3) However, the chief executive may make a request under subsection (2) about a person only if the person has given the chief executive written consent for the request.\n(sec.90-ssec.4) The police commissioner must comply with the request.\n(sec.90-ssec.5) The duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) is suitable for appointment as a member of the board under section 82 (2) ; or\n- (b) is suitable to act in the office of a member under section 88 (2) ; or\n- (c) has a conviction for an offence mentioned in section 86 (1) (b) .\n- (a) a report about the person’s criminal history; and\n- (b) a brief description of the nature of the offence giving rise to a conviction mentioned in the person’s criminal history.","sortOrder":168},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Business and meetings","content":"## Business and meetings","sortOrder":169},{"sectionNumber":"sec.91","sectionType":"section","heading":"Conduct of business","content":"### sec.91 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":170},{"sectionNumber":"sec.92","sectionType":"section","heading":"Times and places of meetings","content":"### sec.92 Times and places of meetings\n\nBoard meetings must be held at least once in every 2 months at the times and places the chairperson decides.\nHowever, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least 2 members.\n(sec.92-ssec.1) Board meetings must be held at least once in every 2 months at the times and places the chairperson decides.\n(sec.92-ssec.2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least 2 members.","sortOrder":171},{"sectionNumber":"sec.93","sectionType":"section","heading":"Quorum","content":"### sec.93 Quorum\n\nA quorum for a meeting of the board is 4 members.","sortOrder":172},{"sectionNumber":"sec.94","sectionType":"section","heading":"Presiding at meetings","content":"### sec.94 Presiding at meetings\n\nThe chairperson is to preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside.\nIf the chairperson and deputy chairperson are both absent from a board meeting—\nthe member nominated by the chairperson is to preside; or\nif the chairperson does not nominate a member under paragraph (a) —the member nominated by the deputy chairperson is to preside.\nIf the offices of chairperson and deputy chairperson are vacant, the member chosen by the members present is to preside.\n(sec.94-ssec.1) The chairperson is to preside at all meetings of the board at which the chairperson is present.\n(sec.94-ssec.2) If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside.\n(sec.94-ssec.3) If the chairperson and deputy chairperson are both absent from a board meeting— the member nominated by the chairperson is to preside; or if the chairperson does not nominate a member under paragraph (a) —the member nominated by the deputy chairperson is to preside.\n(sec.94-ssec.4) If the offices of chairperson and deputy chairperson are vacant, the member chosen by the members present is to preside.\n- (a) the member nominated by the chairperson is to preside; or\n- (b) if the chairperson does not nominate a member under paragraph (a) —the member nominated by the deputy chairperson is to preside.","sortOrder":173},{"sectionNumber":"sec.95","sectionType":"section","heading":"Conduct of meetings","content":"### sec.95 Conduct of meetings\n\nA question at a board meeting is to be decided by a majority of the votes of the members present and voting.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\nA member present at the meeting who abstains from voting is taken to have voted for the negative.\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen.\nteleconferencing\nA member who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\na majority of the members gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\n(sec.95-ssec.1) A question at a board meeting is to be decided by a majority of the votes of the members present and voting.\n(sec.95-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote.\n(sec.95-ssec.3) A member present at the meeting who abstains from voting is taken to have voted for the negative.\n(sec.95-ssec.4) The board may hold meetings, or allow members to take part in its meetings, by using any technology that reasonably allows members to hear and take part in discussions as they happen. teleconferencing\n(sec.95-ssec.5) A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\n(sec.95-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— a majority of the members gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n- (a) a majority of the members gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":174},{"sectionNumber":"sec.96","sectionType":"section","heading":"Minutes","content":"### sec.96 Minutes\n\nThe board must keep minutes of its meetings.\nEach of the following must be recorded in the minutes—\na decision made under section 73 (2) or 75 (2) ;\na resolution made under section 95 (6) .\ns 96 amd 2022 No. 11 s 6\n(sec.96-ssec.1) The board must keep minutes of its meetings.\n(sec.96-ssec.2) Each of the following must be recorded in the minutes— a decision made under section 73 (2) or 75 (2) ; a resolution made under section 95 (6) . s 96 amd 2022 No. 11 s 6\n- (a) a decision made under section 73 (2) or 75 (2) ;\n- (b) a resolution made under section 95 (6) .","sortOrder":175},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Disclosure of interests by board members","content":"## Disclosure of interests by board members","sortOrder":176},{"sectionNumber":"sec.97","sectionType":"section","heading":"Disclosure of interests","content":"### sec.97 Disclosure of interests\n\nThis section applies to a board member if—\nthe member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.\nUnless the board otherwise directs, the member must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe member must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another member who must, under subsection (2) , also disclose an interest in the issue, the other member must not—\nbe present when the board is considering whether to give a direction under subsection (3) ; or\ntake part in making the decision about giving the direction.\nIf—\nbecause of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\nIf the member is an architect, the member does not have a direct or indirect interest in an issue if the interest arises merely because the member is an architect.\n(sec.97-ssec.1) This section applies to a board member if— the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n(sec.97-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.\n(sec.97-ssec.3) Unless the board otherwise directs, the member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.97-ssec.4) The member must not be present when the board is considering whether to give a direction under subsection (3) .\n(sec.97-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the issue, the other member must not— be present when the board is considering whether to give a direction under subsection (3) ; or take part in making the decision about giving the direction.\n(sec.97-ssec.6) If— because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.97-ssec.7) A disclosure under subsection (2) must be recorded in the board’s minutes.\n(sec.97-ssec.8) If the member is an architect, the member does not have a direct or indirect interest in an issue if the interest arises merely because the member is an architect.\n- (a) the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) ; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;","sortOrder":177},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Directions by Minister and performance agreements","content":"## Directions by Minister and performance agreements","sortOrder":178},{"sectionNumber":"sec.98","sectionType":"section","heading":"Ministerial direction","content":"### sec.98 Ministerial direction\n\nThe Minister may give the board a written direction about the performance of the board’s functions or exercise of its powers if satisfied it is necessary to give the direction in the public interest.\nWithout limiting subsection (1) , the direction may be to—\ngive reports and information; or\napply to the board a policy, standard or other instrument applying to a public sector unit.\nThe direction can not be about—\nthe registering of, or refusal to register, an applicant for registration; or\nthe renewing of, or refusal to renew, a registration; or\nthe restoring of, or refusal to restore, a registration; or\nthe cancelling of a registration.\nDespite section 79 , the board must comply with the direction.\nHowever, before giving the direction the Minister must consult with the board.\nThe Minister must publish a copy of the direction in the gazette within 21 days after the direction is given.\n(sec.98-ssec.1) The Minister may give the board a written direction about the performance of the board’s functions or exercise of its powers if satisfied it is necessary to give the direction in the public interest.\n(sec.98-ssec.2) Without limiting subsection (1) , the direction may be to— give reports and information; or apply to the board a policy, standard or other instrument applying to a public sector unit.\n(sec.98-ssec.3) The direction can not be about— the registering of, or refusal to register, an applicant for registration; or the renewing of, or refusal to renew, a registration; or the restoring of, or refusal to restore, a registration; or the cancelling of a registration.\n(sec.98-ssec.4) Despite section 79 , the board must comply with the direction.\n(sec.98-ssec.5) However, before giving the direction the Minister must consult with the board.\n(sec.98-ssec.6) The Minister must publish a copy of the direction in the gazette within 21 days after the direction is given.\n- (a) give reports and information; or\n- (b) apply to the board a policy, standard or other instrument applying to a public sector unit.\n- (a) the registering of, or refusal to register, an applicant for registration; or\n- (b) the renewing of, or refusal to renew, a registration; or\n- (c) the restoring of, or refusal to restore, a registration; or\n- (d) the cancelling of a registration.","sortOrder":179},{"sectionNumber":"sec.99","sectionType":"section","heading":"Performance agreement","content":"### sec.99 Performance agreement\n\nThe board must enter into an agreement with the Minister (a performance agreement ) within 1 month after the end of each financial year.\nThe performance agreement must identify the board’s strategic direction for the current financial year and the 2 following financial years.\nThe performance agreement may include matters relevant to the operations of the board and agreed to by the Minister and the board.\n(sec.99-ssec.1) The board must enter into an agreement with the Minister (a performance agreement ) within 1 month after the end of each financial year.\n(sec.99-ssec.2) The performance agreement must identify the board’s strategic direction for the current financial year and the 2 following financial years.\n(sec.99-ssec.3) The performance agreement may include matters relevant to the operations of the board and agreed to by the Minister and the board.","sortOrder":180},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Registrar of board and other staff","content":"## Registrar of board and other staff","sortOrder":181},{"sectionNumber":"sec.100","sectionType":"section","heading":"Appointment and function of registrar","content":"### sec.100 Appointment and function of registrar\n\nThere is a registrar of the board.\nThe registrar is to be appointed to the office under the Public Sector Act 2022 .\nThe registrar is responsible for managing the board’s administrative affairs.\ns 100 amd 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.100-ssec.1) There is a registrar of the board.\n(sec.100-ssec.2) The registrar is to be appointed to the office under the Public Sector Act 2022 .\n(sec.100-ssec.3) The registrar is responsible for managing the board’s administrative affairs.","sortOrder":182},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Other staff","content":"### sec.100A Other staff\n\nWith the board’s consent, other public service employees may—\nbe engaged by a public sector unit to provide services for the board; or\nbe deployed to the board to provide services for the board.\ns 100A ins 2010 No. 18 s 31\n- (a) be engaged by a public sector unit to provide services for the board; or\n- (b) be deployed to the board to provide services for the board.","sortOrder":183},{"sectionNumber":"sec.101","sectionType":"section","heading":"Board to reimburse cost of registrar’s or other staff’s services","content":"### sec.101 Board to reimburse cost of registrar’s or other staff’s services\n\nThe board must reimburse the public sector unit in which the registrar or a public service employee is employed the reasonable costs of the services provided by the registrar or public service employee for the board.\ns 101 sub 2010 No. 18 s 32","sortOrder":184},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Register","content":"## Register","sortOrder":185},{"sectionNumber":"sec.102","sectionType":"section","heading":"Keeping register","content":"### sec.102 Keeping register\n\nThe board must keep a register of persons who are, or have been, architects.\nThe register may be kept in the way the board considers appropriate, including, for example, in an electronic form.\nThe register must contain all the following particulars for each person—\nthe person’s name and contact details;\nthe person’s qualifications and competencies relied on by the person to obtain registration;\nif the tribunal makes an order about the person under section 130 (2) or (3) or section 131 (2) (b) —details of the order, other than any details identified in the order as details that are not to be included in the register;\nif the tribunal conducts a disciplinary proceeding in relation to the person because of the person’s conviction for an offence against this Act—the fact of the conviction;\nif the person’s registration is cancelled under section 29 (4) —the day the registration is cancelled and the reasons for the cancellation;\nif the person’s registration is not renewed under section 20 —the reasons for not renewing the registration;\nif the person’s registration is not restored under section 24 —the reasons for not restoring the registration;\nwhether the person is registered as a practising architect or non-practising architect;\nother particulars relevant to the person’s registration and prescribed under a regulation.\nIf an order mentioned in subsection (3) (c) states a period in which details of the order may be included in the register, the details may be included in the register only for the stated period.\nThe particulars mentioned in subsection (3) (e) to (g) for a decision of the board to cancel, or refuse to renew or restore a person’s registration must not be included in the register until—\nthe period in which the person may apply to the tribunal for a review of the decision has ended; or\nif the person has applied to the tribunal for a review of the decision—the review, and any appeal from the tribunal’s decision on the review, has been decided or is otherwise ended.\nHowever, if a person applies to the tribunal for a review of a decision of the board to cancel, or refuse to renew or restore the person’s registration, the particulars mentioned in subsection (3) (e) to (g) for the decision may only be included in the register if—\nthe review, and any appeal from the tribunal’s decision on the review, is decided or otherwise ended; and\nthe result of the decision on the review and any appeal from the decision, or the ending of the review or appeal, is that the person’s registration remains cancelled or may not be renewed or restored.\ns 102 amd 2020 No. 24 s 22\n(sec.102-ssec.1) The board must keep a register of persons who are, or have been, architects.\n(sec.102-ssec.2) The register may be kept in the way the board considers appropriate, including, for example, in an electronic form.\n(sec.102-ssec.3) The register must contain all the following particulars for each person— the person’s name and contact details; the person’s qualifications and competencies relied on by the person to obtain registration; if the tribunal makes an order about the person under section 130 (2) or (3) or section 131 (2) (b) —details of the order, other than any details identified in the order as details that are not to be included in the register; if the tribunal conducts a disciplinary proceeding in relation to the person because of the person’s conviction for an offence against this Act—the fact of the conviction; if the person’s registration is cancelled under section 29 (4) —the day the registration is cancelled and the reasons for the cancellation; if the person’s registration is not renewed under section 20 —the reasons for not renewing the registration; if the person’s registration is not restored under section 24 —the reasons for not restoring the registration; whether the person is registered as a practising architect or non-practising architect; other particulars relevant to the person’s registration and prescribed under a regulation.\n(sec.102-ssec.4) If an order mentioned in subsection (3) (c) states a period in which details of the order may be included in the register, the details may be included in the register only for the stated period.\n(sec.102-ssec.5) The particulars mentioned in subsection (3) (e) to (g) for a decision of the board to cancel, or refuse to renew or restore a person’s registration must not be included in the register until— the period in which the person may apply to the tribunal for a review of the decision has ended; or if the person has applied to the tribunal for a review of the decision—the review, and any appeal from the tribunal’s decision on the review, has been decided or is otherwise ended.\n(sec.102-ssec.6) However, if a person applies to the tribunal for a review of a decision of the board to cancel, or refuse to renew or restore the person’s registration, the particulars mentioned in subsection (3) (e) to (g) for the decision may only be included in the register if— the review, and any appeal from the tribunal’s decision on the review, is decided or otherwise ended; and the result of the decision on the review and any appeal from the decision, or the ending of the review or appeal, is that the person’s registration remains cancelled or may not be renewed or restored. s 102 amd 2020 No. 24 s 22\n- (a) the person’s name and contact details;\n- (b) the person’s qualifications and competencies relied on by the person to obtain registration;\n- (c) if the tribunal makes an order about the person under section 130 (2) or (3) or section 131 (2) (b) —details of the order, other than any details identified in the order as details that are not to be included in the register;\n- (d) if the tribunal conducts a disciplinary proceeding in relation to the person because of the person’s conviction for an offence against this Act—the fact of the conviction;\n- (e) if the person’s registration is cancelled under section 29 (4) —the day the registration is cancelled and the reasons for the cancellation;\n- (f) if the person’s registration is not renewed under section 20 —the reasons for not renewing the registration;\n- (g) if the person’s registration is not restored under section 24 —the reasons for not restoring the registration;\n- (h) whether the person is registered as a practising architect or non-practising architect;\n- (i) other particulars relevant to the person’s registration and prescribed under a regulation.\n- (a) the period in which the person may apply to the tribunal for a review of the decision has ended; or\n- (b) if the person has applied to the tribunal for a review of the decision—the review, and any appeal from the tribunal’s decision on the review, has been decided or is otherwise ended.\n- (a) the review, and any appeal from the tribunal’s decision on the review, is decided or otherwise ended; and\n- (b) the result of the decision on the review and any appeal from the decision, or the ending of the review or appeal, is that the person’s registration remains cancelled or may not be renewed or restored.","sortOrder":186},{"sectionNumber":"sec.103","sectionType":"section","heading":"Inspection of register","content":"### sec.103 Inspection of register\n\nThe board must—\nkeep the register open for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and\ngive a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.\nAlso, the board must make the register available for inspection on its website.\ns 103 amd 2022 No. 11 s 7\n(sec.103-ssec.1) The board must— keep the register open for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.\n(sec.103-ssec.2) Also, the board must make the register available for inspection on its website.\n- (a) keep the register open for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and\n- (b) give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.","sortOrder":187},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Other provisions about the board","content":"## Other provisions about the board","sortOrder":188},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of other Acts","content":"### sec.104 Application of other Acts\n\nThe board is a statutory body within the meaning of the—\nFinancial Accountability Act 2009 ; and\nStatutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 104 amd 2009 No. 9 s 136 sch 1\n(sec.104-ssec.1) The board is a statutory body within the meaning of the— Financial Accountability Act 2009 ; and Statutory Bodies Financial Arrangements Act 1982 .\n(sec.104-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B , sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) Financial Accountability Act 2009 ; and\n- (b) Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":189},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2022 No. 11 s 8","sortOrder":190},{"sectionNumber":"sec.106","sectionType":"section","heading":"Board to reimburse tribunal costs","content":"### sec.106 Board to reimburse tribunal costs\n\nThe board must reimburse the department the tribunal costs paid by the department to the tribunal department.\nIn this section—\ntribunal costs means the reasonable costs of the tribunal incurred in conducting—\nproceedings for reviews of decisions mentioned in section 121 (2) ; or\ndisciplinary proceedings.\ntribunal department means the department in which the QCAT Act is administered.\ns 106 amd 2009 No. 24 s 1640\n(sec.106-ssec.1) The board must reimburse the department the tribunal costs paid by the department to the tribunal department.\n(sec.106-ssec.2) In this section— tribunal costs means the reasonable costs of the tribunal incurred in conducting— proceedings for reviews of decisions mentioned in section 121 (2) ; or disciplinary proceedings. tribunal department means the department in which the QCAT Act is administered.\n- (a) proceedings for reviews of decisions mentioned in section 121 (2) ; or\n- (b) disciplinary proceedings.","sortOrder":191},{"sectionNumber":"sec.107","sectionType":"section","heading":"Matters to be included in annual report","content":"### sec.107 Matters to be included in annual report\n\nThe board’s annual report under the Financial Accountability Act 2009 for a financial year must include each of the following—\na copy of all ministerial directions given to the board under section 98 (1) during the year;\ndetails about action taken by the board to comply with each direction mentioned in paragraph (a) ;\ninformation about whether the board’s activities during the year were consistent with its performance agreement;\ndetails about the results of disciplinary proceedings, or proceedings for a contravention of the Act , started by the board;\ndetails of the results of reviews, under part 8 , division 2 , of decisions.\ns 107 amd 2009 No. 9 s 136 sch 1\n- (a) a copy of all ministerial directions given to the board under section 98 (1) during the year;\n- (b) details about action taken by the board to comply with each direction mentioned in paragraph (a) ;\n- (c) information about whether the board’s activities during the year were consistent with its performance agreement;\n- (d) details about the results of disciplinary proceedings, or proceedings for a contravention of the Act , started by the board;\n- (e) details of the results of reviews, under part 8 , division 2 , of decisions.","sortOrder":192},{"sectionNumber":"sec.107A","sectionType":"section","heading":"Delegation","content":"### sec.107A Delegation\n\nThe board may delegate the board’s functions under this Act to any of the following—\na board member;\na committee of board members;\nthe registrar;\nan appropriately qualified employee of the board;\nan appropriately qualified public service employee providing services for the board under section 100A .\nIn this section—\nfunctions includes powers.\ns 107A ins 2020 No. 24 s 23\n(sec.107A-ssec.1) The board may delegate the board’s functions under this Act to any of the following— a board member; a committee of board members; the registrar; an appropriately qualified employee of the board; an appropriately qualified public service employee providing services for the board under section 100A .\n(sec.107A-ssec.2) In this section— functions includes powers.\n- (a) a board member;\n- (b) a committee of board members;\n- (c) the registrar;\n- (d) an appropriately qualified employee of the board;\n- (e) an appropriately qualified public service employee providing services for the board under section 100A .","sortOrder":193},{"sectionNumber":"pt.6","sectionType":"part","heading":"Codes of practice","content":"# Codes of practice","sortOrder":194},{"sectionNumber":"sec.108","sectionType":"section","heading":"Board to make code of practice","content":"### sec.108 Board to make code of practice\n\nThe board must, within 9 months after the commencement of this part, make a code of practice to provide guidance to architects as to appropriate professional conduct or practice.\nIn developing or amending a code of practice, the board must consult with—\nprofessional associations in the State that the board considers represent the interests of architects; and\nuniversities that—\nare established in Queensland; and\nare engaged in the education of students to practise in the profession of architecture; and\nany other entity the Minister directs the board to consult with.\nA code of practice, or an amendment of a code of practice, has no effect until it is approved under a regulation.\nThe board may make a code of practice by adopting another entity’s code of practice with or without changes.\nThe board must review its code of practice at least once every 3 years.\nThe board’s code of practice is a statutory instrument within the meaning of the Statutory Instruments Act 1992 .\n(sec.108-ssec.1) The board must, within 9 months after the commencement of this part, make a code of practice to provide guidance to architects as to appropriate professional conduct or practice.\n(sec.108-ssec.2) In developing or amending a code of practice, the board must consult with— professional associations in the State that the board considers represent the interests of architects; and universities that— are established in Queensland; and are engaged in the education of students to practise in the profession of architecture; and any other entity the Minister directs the board to consult with.\n(sec.108-ssec.3) A code of practice, or an amendment of a code of practice, has no effect until it is approved under a regulation.\n(sec.108-ssec.4) The board may make a code of practice by adopting another entity’s code of practice with or without changes.\n(sec.108-ssec.5) The board must review its code of practice at least once every 3 years.\n(sec.108-ssec.6) The board’s code of practice is a statutory instrument within the meaning of the Statutory Instruments Act 1992 .\n- (a) professional associations in the State that the board considers represent the interests of architects; and\n- (b) universities that— (i) are established in Queensland; and (ii) are engaged in the education of students to practise in the profession of architecture; and\n- (i) are established in Queensland; and\n- (ii) are engaged in the education of students to practise in the profession of architecture; and\n- (c) any other entity the Minister directs the board to consult with.\n- (i) are established in Queensland; and\n- (ii) are engaged in the education of students to practise in the profession of architecture; and","sortOrder":195},{"sectionNumber":"sec.109","sectionType":"section","heading":"Tabling of code","content":"### sec.109 Tabling of code\n\nThis section applies if, under section 108 (3) , a code of practice, or amendment of a code of practice, has been approved under a regulation.\nThe Minister must, within 14 sitting days after the regulation is notified, table a copy of the code, or amendment or amended code, in the Legislative Assembly.\nA failure to comply with subsection (2) does not invalidate or otherwise affect the code or the regulation.\ns 109 amd 2013 No. 39 s 110 (3) sch 3 pt 3\n(sec.109-ssec.1) This section applies if, under section 108 (3) , a code of practice, or amendment of a code of practice, has been approved under a regulation.\n(sec.109-ssec.2) The Minister must, within 14 sitting days after the regulation is notified, table a copy of the code, or amendment or amended code, in the Legislative Assembly.\n(sec.109-ssec.3) A failure to comply with subsection (2) does not invalidate or otherwise affect the code or the regulation.","sortOrder":196},{"sectionNumber":"sec.110","sectionType":"section","heading":"Inspection of code","content":"### sec.110 Inspection of code\n\nThe board must—\nkeep copies of the code of practice, as in force from time to time, available for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and\ngive a person a copy of the code, or a part of it, on payment of the fee prescribed under a regulation.\nAlso, the board must make the code of practice available for inspection on its website.\ns 110 amd 2022 No. 11 s 9\n(sec.110-ssec.1) The board must— keep copies of the code of practice, as in force from time to time, available for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and give a person a copy of the code, or a part of it, on payment of the fee prescribed under a regulation.\n(sec.110-ssec.2) Also, the board must make the code of practice available for inspection on its website.\n- (a) keep copies of the code of practice, as in force from time to time, available for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and\n- (b) give a person a copy of the code, or a part of it, on payment of the fee prescribed under a regulation.","sortOrder":197},{"sectionNumber":"sec.111","sectionType":"section","heading":"Notice of approval or amendment of code","content":"### sec.111 Notice of approval or amendment of code\n\nThe board must notify architects of the approval of a code of practice and any amendment of the code.","sortOrder":198},{"sectionNumber":"sec.112","sectionType":"section","heading":"Use of code of practice in a disciplinary proceeding","content":"### sec.112 Use of code of practice in a disciplinary proceeding\n\nAn approved code of practice is admissible as evidence in a disciplinary proceeding brought by the board against an architect under this Act.\nThe code may only be used to provide evidence, in the disciplinary proceeding, of appropriate professional conduct or practice for an architect.\n(sec.112-ssec.1) An approved code of practice is admissible as evidence in a disciplinary proceeding brought by the board against an architect under this Act.\n(sec.112-ssec.2) The code may only be used to provide evidence, in the disciplinary proceeding, of appropriate professional conduct or practice for an architect.","sortOrder":199},{"sectionNumber":"pt.7","sectionType":"part","heading":"Other offence provisions","content":"# Other offence provisions","sortOrder":200},{"sectionNumber":"sec.113","sectionType":"section","heading":"Claims about being an architect","content":"### sec.113 Claims about being an architect\n\nA person who is not an architect must not—\nclaim, or hold himself or herself out, to be an architect; or\nallow himself or herself to be held out as an architect.\nMaximum penalty—1,000 penalty units.\nA person must not hold out another person as an architect if the person knows or ought reasonably to know the other person is not an architect.\nMaximum penalty—1,000 penalty units.\n(sec.113-ssec.1) A person who is not an architect must not— claim, or hold himself or herself out, to be an architect; or allow himself or herself to be held out as an architect. Maximum penalty—1,000 penalty units.\n(sec.113-ssec.2) A person must not hold out another person as an architect if the person knows or ought reasonably to know the other person is not an architect. Maximum penalty—1,000 penalty units.\n- (a) claim, or hold himself or herself out, to be an architect; or\n- (b) allow himself or herself to be held out as an architect.","sortOrder":201},{"sectionNumber":"sec.114","sectionType":"section","heading":"Using titles or names etc.","content":"### sec.114 Using titles or names etc.\n\nA person who is not an architect must not use—\nthe title ‘architect’ or ‘registered architect’; or\nanother title or name, prescribed under a regulation, that in the context in which the title or name is used suggests that the person is an architect.\nMaximum penalty—1,000 penalty units.\nA person who is not a practising architect must not use any of the following words to advertise or otherwise promote services provided by the person unless the services are to be provided using a practising architect—\n‘architectural services’, ‘architectural design services’ or ‘architectural design’;\nother words, prescribed under a regulation, that in the context in which the words are used suggest that the services to which the words relate are to be provided using a practising architect.\nMaximum penalty—1,000 penalty units.\ns 114 amd 2010 No. 18 s 33\n(sec.114-ssec.1) A person who is not an architect must not use— the title ‘architect’ or ‘registered architect’; or another title or name, prescribed under a regulation, that in the context in which the title or name is used suggests that the person is an architect. Maximum penalty—1,000 penalty units.\n(sec.114-ssec.2) A person who is not a practising architect must not use any of the following words to advertise or otherwise promote services provided by the person unless the services are to be provided using a practising architect— ‘architectural services’, ‘architectural design services’ or ‘architectural design’; other words, prescribed under a regulation, that in the context in which the words are used suggest that the services to which the words relate are to be provided using a practising architect. Maximum penalty—1,000 penalty units.\n- (a) the title ‘architect’ or ‘registered architect’; or\n- (b) another title or name, prescribed under a regulation, that in the context in which the title or name is used suggests that the person is an architect.\n- (a) ‘architectural services’, ‘architectural design services’ or ‘architectural design’;\n- (b) other words, prescribed under a regulation, that in the context in which the words are used suggest that the services to which the words relate are to be provided using a practising architect.","sortOrder":202},{"sectionNumber":"sec.114A","sectionType":"section","heading":"Exemption for corporations","content":"### sec.114A Exemption for corporations\n\nThis section applies to a corporation.\nThe corporation does not commit an offence against section 113 (1) merely because the corporation uses a title or name referred to in section 114 (1) if—\nthe corporation has given the board a notice under section 141A (2) in relation to the provision of architectural services by the corporation; and\nthe notice is a current notice.\nThe corporation does not commit an offence against section 114 (1) if—\nthe corporation has given the board a notice under section 141A (2) in relation to the provision of architectural services by the corporation; and\nthe notice is a current notice.\ns 114A ins 2003 No. 36 s 33\n(sec.114A-ssec.1) This section applies to a corporation.\n(sec.114A-ssec.2) The corporation does not commit an offence against section 113 (1) merely because the corporation uses a title or name referred to in section 114 (1) if— the corporation has given the board a notice under section 141A (2) in relation to the provision of architectural services by the corporation; and the notice is a current notice.\n(sec.114A-ssec.3) The corporation does not commit an offence against section 114 (1) if— the corporation has given the board a notice under section 141A (2) in relation to the provision of architectural services by the corporation; and the notice is a current notice.\n- (a) the corporation has given the board a notice under section 141A (2) in relation to the provision of architectural services by the corporation; and\n- (b) the notice is a current notice.\n- (a) the corporation has given the board a notice under section 141A (2) in relation to the provision of architectural services by the corporation; and\n- (b) the notice is a current notice.","sortOrder":203},{"sectionNumber":"sec.115","sectionType":"section","heading":"Claims about provision of architectural services","content":"### sec.115 Claims about provision of architectural services\n\nThis section applies if a person claims, or holds out, that the person provides architectural services at a place using an architect.\nIf the person provides the services, the person must ensure a practising architect—\nis at the place while the services are provided; and\ncarries out, or is responsible for the carrying out of, the services.\nMaximum penalty—1,000 penalty units.\nIn this section—\nplace does not include a place at which a person provides architectural services for a single construction site.\na site office for a construction project\ns 115 amd 2020 No. 24 s 24\n(sec.115-ssec.1) This section applies if a person claims, or holds out, that the person provides architectural services at a place using an architect.\n(sec.115-ssec.2) If the person provides the services, the person must ensure a practising architect— is at the place while the services are provided; and carries out, or is responsible for the carrying out of, the services. Maximum penalty—1,000 penalty units.\n(sec.115-ssec.3) In this section— place does not include a place at which a person provides architectural services for a single construction site. a site office for a construction project s 115 amd 2020 No. 24 s 24\n- (a) is at the place while the services are provided; and\n- (b) carries out, or is responsible for the carrying out of, the services.","sortOrder":204},{"sectionNumber":"sec.116","sectionType":"section","heading":"Providing information about architects","content":"### sec.116 Providing information about architects\n\nThis section applies to a person who claims, or holds out, that the person will provide architectural services to someone (the other person ) using an architect.\nThe person must inform the other person of the name and contact details of the practising architect responsible for the carrying out of the services.\nMaximum penalty—300 penalty units.\nIf the person informs another person of the name and contact details of a practising architect under subsection (2) , the person also must inform the other person of the name and contact details of any other practising architect who becomes responsible for the carrying out of the services.\nMaximum penalty—300 penalty units.\ns 116 amd 2020 No. 24 s 25\n(sec.116-ssec.1) This section applies to a person who claims, or holds out, that the person will provide architectural services to someone (the other person ) using an architect.\n(sec.116-ssec.2) The person must inform the other person of the name and contact details of the practising architect responsible for the carrying out of the services. Maximum penalty—300 penalty units.\n(sec.116-ssec.3) If the person informs another person of the name and contact details of a practising architect under subsection (2) , the person also must inform the other person of the name and contact details of any other practising architect who becomes responsible for the carrying out of the services. Maximum penalty—300 penalty units.","sortOrder":205},{"sectionNumber":"sec.117","sectionType":"section","heading":"Information on correspondence about architectural services","content":"### sec.117 Information on correspondence about architectural services\n\nThis section applies to a person who provides, or intends to provide, architectural services to someone (the other person ) using an architect.\nThe person must ensure the name and contact details of the practising architect who is, or will be, responsible for the carrying out of the services are stated on all correspondence about the services from the person to the other person.\nMaximum penalty—300 penalty units.\ns 117 amd 2020 No. 24 s 26\n(sec.117-ssec.1) This section applies to a person who provides, or intends to provide, architectural services to someone (the other person ) using an architect.\n(sec.117-ssec.2) The person must ensure the name and contact details of the practising architect who is, or will be, responsible for the carrying out of the services are stated on all correspondence about the services from the person to the other person. Maximum penalty—300 penalty units.","sortOrder":206},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 om 2010 No. 18 s 34","sortOrder":207},{"sectionNumber":"pt.8","sectionType":"part","heading":"Reviews and disciplinary proceedings","content":"# Reviews and disciplinary proceedings","sortOrder":208},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Reviews","content":"## Reviews","sortOrder":209},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 om 2009 No. 24 s 1641","sortOrder":210},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 om 2003 No. 30 s 169 sch 1","sortOrder":211},{"sectionNumber":"sec.121","sectionType":"section","heading":"Review of particular decisions","content":"### sec.121 Review of particular decisions\n\nThe tribunal may, on application by a person mentioned in subsection (2) , review the decision of the board stated in the subsection for the person.\nEach of the following persons may apply, as provided under the QCAT Act , to the tribunal for a review of the decision stated for the person—\na person whose application for registration, or renewal or restoration of registration, is refused;\na person whose application for renewal or restoration of registration is not accepted by the board under section 18 (4) or 23 (3) ;\na person whose registration is cancelled under section 29 (4) ;\na person who has been given, or is entitled to be given, an information notice about a decision to forfeit a seized thing under section 62W ;\na person who, under section 73 (2) (c) or 75 (2) (c) , has been cautioned or reprimanded;\na person whose registration is subject to a condition imposed under section 73 (2) (d) ;\na person who makes a complaint if the board decides, under section 73 (2) (e) , to take no further action about the complaint.\ns 121 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 1643 ; 2010 No. 18 s 35 ; 2020 No. 24 s 27\n(sec.121-ssec.1) The tribunal may, on application by a person mentioned in subsection (2) , review the decision of the board stated in the subsection for the person.\n(sec.121-ssec.2) Each of the following persons may apply, as provided under the QCAT Act , to the tribunal for a review of the decision stated for the person— a person whose application for registration, or renewal or restoration of registration, is refused; a person whose application for renewal or restoration of registration is not accepted by the board under section 18 (4) or 23 (3) ; a person whose registration is cancelled under section 29 (4) ; a person who has been given, or is entitled to be given, an information notice about a decision to forfeit a seized thing under section 62W ; a person who, under section 73 (2) (c) or 75 (2) (c) , has been cautioned or reprimanded; a person whose registration is subject to a condition imposed under section 73 (2) (d) ; a person who makes a complaint if the board decides, under section 73 (2) (e) , to take no further action about the complaint.\n- (a) a person whose application for registration, or renewal or restoration of registration, is refused;\n- (b) a person whose application for renewal or restoration of registration is not accepted by the board under section 18 (4) or 23 (3) ;\n- (c) a person whose registration is cancelled under section 29 (4) ;\n- (d) a person who has been given, or is entitled to be given, an information notice about a decision to forfeit a seized thing under section 62W ;\n- (e) a person who, under section 73 (2) (c) or 75 (2) (c) , has been cautioned or reprimanded;\n- (f) a person whose registration is subject to a condition imposed under section 73 (2) (d) ;\n- (g) a person who makes a complaint if the board decides, under section 73 (2) (e) , to take no further action about the complaint.","sortOrder":212},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 om 2003 No. 30 s 169 sch 1","sortOrder":213},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 amd 2003 No. 30 s 169 sch 1\nom 2009 No. 24 s 1644","sortOrder":214},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 om 2003 No. 30 s 169 sch 1","sortOrder":215},{"sectionNumber":"sec.125","sectionType":"section","heading":"Information about review","content":"### sec.125 Information about review\n\nThe board must keep available for inspection, at the board’s office by members of the public, information about how a person may apply to the tribunal for a review of a decision mentioned in section 121 (2) .\nThe board must publish on the board’s website the information mentioned in subsection (1) .\ns 125 amd 2022 No. 11 s 10\n(sec.125-ssec.1) The board must keep available for inspection, at the board’s office by members of the public, information about how a person may apply to the tribunal for a review of a decision mentioned in section 121 (2) .\n(sec.125-ssec.2) The board must publish on the board’s website the information mentioned in subsection (1) .","sortOrder":216},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Disciplinary proceedings","content":"## Disciplinary proceedings","sortOrder":217},{"sectionNumber":"sec.126","sectionType":"section","heading":"Tribunal may conduct disciplinary proceeding","content":"### sec.126 Tribunal may conduct disciplinary proceeding\n\nThe tribunal may, on application by the board, conduct a proceeding (a disciplinary proceeding ) to decide whether a disciplinary ground is established.","sortOrder":218},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2003 No. 30 s 169 sch 1","sortOrder":219},{"sectionNumber":"sec.128","sectionType":"section","heading":"Tribunal to have regard to code of practice","content":"### sec.128 Tribunal to have regard to code of practice\n\nIf the tribunal is making a decision about whether the architect has behaved in a way that constitutes unsatisfactory professional conduct or practice, the tribunal must have regard to the approved code of practice.","sortOrder":220},{"sectionNumber":"sec.129","sectionType":"section","heading":"Continuation of particular proceeding","content":"### sec.129 Continuation of particular proceeding\n\nThis section applies if, after a disciplinary proceeding is started against a person, the person ceases to be an architect.\nThe proceeding may continue under this part.\n(sec.129-ssec.1) This section applies if, after a disciplinary proceeding is started against a person, the person ceases to be an architect.\n(sec.129-ssec.2) The proceeding may continue under this part.","sortOrder":221},{"sectionNumber":"sec.130","sectionType":"section","heading":"Orders relating to architect","content":"### sec.130 Orders relating to architect\n\nIf the tribunal decides that a disciplinary ground is established, the tribunal may—\nmake 1 or more of the orders mentioned in subsections (2) to (4) ; or\ntake no action against the architect.\nThe tribunal may order the architect to pay a stated amount of not more than the equivalent of 200 penalty units.\nAlso, the tribunal may make an order—\nreprimanding the architect; or\ncancelling the architect’s registration; or\ndisqualifying, indefinitely or for a stated period, the architect from obtaining registration as an architect; or\nrequiring the architect to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the matter the subject of the proceeding, including the costs of preparing for the proceeding.\nAn order for payment of an amount under subsection (2) or (3) (d) may direct that, if the architect does not pay the amount within the period stated in the order, the architect’s registration be suspended until the amount is paid.\nIf the architect does not pay the amount within the stated period, the registration is suspended until the earlier of the following—\nthe day the amount is paid;\nthe day the registration expires.\nThe suspension takes effect immediately after the end of the stated period.\nSubsection (3) (d) does not limit the powers of the tribunal under the QCAT Act, chapter 2 , part 6 , division 6 .\ns 130 amd 2010 No. 18 s 36 ; 2024 No. 14 s 7\n(sec.130-ssec.1) If the tribunal decides that a disciplinary ground is established, the tribunal may— make 1 or more of the orders mentioned in subsections (2) to (4) ; or take no action against the architect.\n(sec.130-ssec.2) The tribunal may order the architect to pay a stated amount of not more than the equivalent of 200 penalty units.\n(sec.130-ssec.3) Also, the tribunal may make an order— reprimanding the architect; or cancelling the architect’s registration; or disqualifying, indefinitely or for a stated period, the architect from obtaining registration as an architect; or requiring the architect to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the matter the subject of the proceeding, including the costs of preparing for the proceeding.\n(sec.130-ssec.4) An order for payment of an amount under subsection (2) or (3) (d) may direct that, if the architect does not pay the amount within the period stated in the order, the architect’s registration be suspended until the amount is paid.\n(sec.130-ssec.5) If the architect does not pay the amount within the stated period, the registration is suspended until the earlier of the following— the day the amount is paid; the day the registration expires.\n(sec.130-ssec.6) The suspension takes effect immediately after the end of the stated period.\n(sec.130-ssec.7) Subsection (3) (d) does not limit the powers of the tribunal under the QCAT Act, chapter 2 , part 6 , division 6 .\n- (a) make 1 or more of the orders mentioned in subsections (2) to (4) ; or\n- (b) take no action against the architect.\n- (a) reprimanding the architect; or\n- (b) cancelling the architect’s registration; or\n- (c) disqualifying, indefinitely or for a stated period, the architect from obtaining registration as an architect; or\n- (d) requiring the architect to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the matter the subject of the proceeding, including the costs of preparing for the proceeding.\n- (a) the day the amount is paid;\n- (b) the day the registration expires.","sortOrder":222},{"sectionNumber":"sec.131","sectionType":"section","heading":"Orders relating to former architect","content":"### sec.131 Orders relating to former architect\n\nThis section applies if the tribunal decides that a disciplinary ground is established against a person who is not an architect at the time of the tribunal’s decision.\nThe tribunal may decide—\nto take no action against the person; or\nto do 1 or more of the following—\norder the person to pay a stated amount of not more than the equivalent of 200 penalty units;\nmake an order reprimanding the person;\nmake an order disqualifying, indefinitely or for a stated period, the person from obtaining registration as an architect.\ns 131 amd 2010 No. 18 s 37\n(sec.131-ssec.1) This section applies if the tribunal decides that a disciplinary ground is established against a person who is not an architect at the time of the tribunal’s decision.\n(sec.131-ssec.2) The tribunal may decide— to take no action against the person; or to do 1 or more of the following— order the person to pay a stated amount of not more than the equivalent of 200 penalty units; make an order reprimanding the person; make an order disqualifying, indefinitely or for a stated period, the person from obtaining registration as an architect.\n- (a) to take no action against the person; or\n- (b) to do 1 or more of the following— (i) order the person to pay a stated amount of not more than the equivalent of 200 penalty units; (ii) make an order reprimanding the person; (iii) make an order disqualifying, indefinitely or for a stated period, the person from obtaining registration as an architect.\n- (i) order the person to pay a stated amount of not more than the equivalent of 200 penalty units;\n- (ii) make an order reprimanding the person;\n- (iii) make an order disqualifying, indefinitely or for a stated period, the person from obtaining registration as an architect.\n- (i) order the person to pay a stated amount of not more than the equivalent of 200 penalty units;\n- (ii) make an order reprimanding the person;\n- (iii) make an order disqualifying, indefinitely or for a stated period, the person from obtaining registration as an architect.","sortOrder":223},{"sectionNumber":"sec.132","sectionType":"section","heading":"Effect of particular orders","content":"### sec.132 Effect of particular orders\n\nAn order under section 130 (2) or 131 (2) (b) (i) must order that the amount be paid to the board.\nIf the tribunal makes an order under section 130 (3) (c) , the board must not—\nif the disqualification is indefinite—re-register the architect; or\nif the disqualification is for a stated period—re-register the architect during the period stated in the order.\nIf the tribunal decides under section 131 (3) a period during which a person must not be re-registered by the board, the board must not register the person during the period.\n(sec.132-ssec.1) An order under section 130 (2) or 131 (2) (b) (i) must order that the amount be paid to the board.\n(sec.132-ssec.2) If the tribunal makes an order under section 130 (3) (c) , the board must not— if the disqualification is indefinite—re-register the architect; or if the disqualification is for a stated period—re-register the architect during the period stated in the order.\n(sec.132-ssec.3) If the tribunal decides under section 131 (3) a period during which a person must not be re-registered by the board, the board must not register the person during the period.\n- (a) if the disqualification is indefinite—re-register the architect; or\n- (b) if the disqualification is for a stated period—re-register the architect during the period stated in the order.","sortOrder":224},{"sectionNumber":"sec.133","sectionType":"section","heading":"Recording details of orders","content":"### sec.133 Recording details of orders\n\nIf the tribunal makes an order about a person under section 130 (2) or (3) or section 131 (2) (b) , the order may state—\nthe period in which the details of the order are to be included in the register for the person; and\nthe particular details of the order, if any, that the tribunal decides are not to be included in the register.\n- (a) the period in which the details of the order are to be included in the register for the person; and\n- (b) the particular details of the order, if any, that the tribunal decides are not to be included in the register.","sortOrder":225},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":226},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":227},{"sectionNumber":"sec.134","sectionType":"section","heading":"Application of div 1","content":"### sec.134 Application of div 1\n\nThis division applies to a proceeding for an offence against this Act or a disciplinary proceeding.","sortOrder":228},{"sectionNumber":"sec.135","sectionType":"section","heading":"Appointments and authority","content":"### sec.135 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of—\nthe chairperson or another board member; or\nthe registrar; or\nan investigator;\nthe authority of the board or a person mentioned in paragraph (a) to do anything under this Act.\n- (a) the appointment of— (i) the chairperson or another board member; or (ii) the registrar; or (iii) an investigator;\n- (i) the chairperson or another board member; or\n- (ii) the registrar; or\n- (iii) an investigator;\n- (b) the authority of the board or a person mentioned in paragraph (a) to do anything under this Act.\n- (i) the chairperson or another board member; or\n- (ii) the registrar; or\n- (iii) an investigator;","sortOrder":229},{"sectionNumber":"sec.136","sectionType":"section","heading":"Signatures","content":"### sec.136 Signatures\n\nA signature purporting to be the signature of the chairperson, a member or an investigator, is evidence of the signature it purports to be.","sortOrder":230},{"sectionNumber":"sec.137","sectionType":"section","heading":"Evidentiary matters","content":"### sec.137 Evidentiary matters\n\nA certificate purporting to be signed by the registrar and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment or decision;\na direction, notice, order or requirement;\na certificate of registration;\nthe board’s minutes or an extract from the board’s minutes;\nanother record or an extract from another record;\nthe register or an extract from the register;\na stated document is an approved code of practice or an approved amendment of a code of practice;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) , (b) or (c) ;\non a stated day, or during a stated period, a stated person was or was not registered under this Act;\non a stated day, a registration was cancelled;\non a stated day, or during a stated period, a registration was suspended;\non a stated day, or during a stated period, an appointment as an investigator was, or was not, in force for a stated person;\non a stated day—\na stated person was given a stated notice or direction under this Act; or\na stated requirement under this Act was made of a stated person;\na stated fee or other amount is payable by a stated person to the board and has not been paid.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment or decision; (ii) a direction, notice, order or requirement; (iii) a certificate of registration; (iv) the board’s minutes or an extract from the board’s minutes; (v) another record or an extract from another record; (vi) the register or an extract from the register;\n- (i) an appointment or decision;\n- (ii) a direction, notice, order or requirement;\n- (iii) a certificate of registration;\n- (iv) the board’s minutes or an extract from the board’s minutes;\n- (v) another record or an extract from another record;\n- (vi) the register or an extract from the register;\n- (b) a stated document is an approved code of practice or an approved amendment of a code of practice;\n- (c) a stated document is another document kept under this Act;\n- (d) a stated document is a copy of a thing mentioned in paragraph (a) , (b) or (c) ;\n- (e) on a stated day, or during a stated period, a stated person was or was not registered under this Act;\n- (f) on a stated day, a registration was cancelled;\n- (g) on a stated day, or during a stated period, a registration was suspended;\n- (h) on a stated day, or during a stated period, an appointment as an investigator was, or was not, in force for a stated person;\n- (i) on a stated day— (i) a stated person was given a stated notice or direction under this Act; or (ii) a stated requirement under this Act was made of a stated person;\n- (i) a stated person was given a stated notice or direction under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;\n- (j) a stated fee or other amount is payable by a stated person to the board and has not been paid.\n- (i) an appointment or decision;\n- (ii) a direction, notice, order or requirement;\n- (iii) a certificate of registration;\n- (iv) the board’s minutes or an extract from the board’s minutes;\n- (v) another record or an extract from another record;\n- (vi) the register or an extract from the register;\n- (i) a stated person was given a stated notice or direction under this Act; or\n- (ii) a stated requirement under this Act was made of a stated person;","sortOrder":231},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":232},{"sectionNumber":"sec.138","sectionType":"section","heading":"Proceedings for offences","content":"### sec.138 Proceedings for offences\n\nA proceeding for an offence against this Act is to be heard and decided summarily.\nThe proceeding must start—\nwithin 1 year after the commission of the offence; or\nwithin 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\ns 138 amd 2010 No. 18 s 38\nsub 2020 No. 24 s 28\n(sec.138-ssec.1) A proceeding for an offence against this Act is to be heard and decided summarily.\n(sec.138-ssec.2) The proceeding must start— within 1 year after the commission of the offence; or within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":233},{"sectionNumber":"sec.139","sectionType":"section","heading":"False or misleading information or statements","content":"### sec.139 False or misleading information or statements\n\nIn a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading statement, it is enough for a charge to state that the information or statement was, without specifying which, ‘false or misleading’.","sortOrder":234},{"sectionNumber":"sec.139A","sectionType":"section","heading":"Costs of investigation","content":"### sec.139A Costs of investigation\n\nThis section applies if a court finds a person guilty of an offence against this Act.\nThe court may make an order requiring the person to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the offence, including the costs of preparing for the prosecution.\nThis section does not limit the orders for costs the court may make on the finding of guilt.\ns 139A ins 2024 No. 14 s 8\n(sec.139A-ssec.1) This section applies if a court finds a person guilty of an offence against this Act.\n(sec.139A-ssec.2) The court may make an order requiring the person to pay an amount to the board as compensation for all or part of the reasonable costs of an investigation by the board about the offence, including the costs of preparing for the prosecution.\n(sec.139A-ssec.3) This section does not limit the orders for costs the court may make on the finding of guilt.","sortOrder":235},{"sectionNumber":"pt.10","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":236},{"sectionNumber":"sec.140","sectionType":"section","heading":"Performance and carrying out of architectural services by particular entities","content":"### sec.140 Performance and carrying out of architectural services by particular entities\n\nThis section applies to—\na person who is not an architect if the person, in performing, or undertaking to perform, architectural services for someone (the client )—\nclaims, or holds himself or herself out, to be an architect; or\nallows himself or herself to be held out as an architect; or\nanother person if—\nthe person, in providing, or undertaking to provide, architectural services for someone (also the client ) claims, or holds out, that the services are carried out, or to be carried out, by or under the supervision of an architect; and\nthe services are not carried out by or under the supervision of an architect.\nDespite any agreement between the person and the client, the person is not entitled to any monetary or other consideration for the performance or carrying out of the architectural services.\nA person mentioned in subsection (1) (a) is not taken to claim, or hold himself or herself out, to be an architect, or allow himself or herself to be held out as an architect, merely because the person uses a title or name referred to in section 114 (1) if—\nthe person has given the board a notice under section 141A (2) in relation to the provision of architectural services by the person; and\nthe notice is a current notice.\ns 140 amd 2003 No. 36 s 34\n(sec.140-ssec.1) This section applies to— a person who is not an architect if the person, in performing, or undertaking to perform, architectural services for someone (the client )— claims, or holds himself or herself out, to be an architect; or allows himself or herself to be held out as an architect; or another person if— the person, in providing, or undertaking to provide, architectural services for someone (also the client ) claims, or holds out, that the services are carried out, or to be carried out, by or under the supervision of an architect; and the services are not carried out by or under the supervision of an architect.\n(sec.140-ssec.2) Despite any agreement between the person and the client, the person is not entitled to any monetary or other consideration for the performance or carrying out of the architectural services.\n(sec.140-ssec.3) A person mentioned in subsection (1) (a) is not taken to claim, or hold himself or herself out, to be an architect, or allow himself or herself to be held out as an architect, merely because the person uses a title or name referred to in section 114 (1) if— the person has given the board a notice under section 141A (2) in relation to the provision of architectural services by the person; and the notice is a current notice.\n- (a) a person who is not an architect if the person, in performing, or undertaking to perform, architectural services for someone (the client )— (i) claims, or holds himself or herself out, to be an architect; or (ii) allows himself or herself to be held out as an architect; or\n- (i) claims, or holds himself or herself out, to be an architect; or\n- (ii) allows himself or herself to be held out as an architect; or\n- (b) another person if— (i) the person, in providing, or undertaking to provide, architectural services for someone (also the client ) claims, or holds out, that the services are carried out, or to be carried out, by or under the supervision of an architect; and (ii) the services are not carried out by or under the supervision of an architect.\n- (i) the person, in providing, or undertaking to provide, architectural services for someone (also the client ) claims, or holds out, that the services are carried out, or to be carried out, by or under the supervision of an architect; and\n- (ii) the services are not carried out by or under the supervision of an architect.\n- (i) claims, or holds himself or herself out, to be an architect; or\n- (ii) allows himself or herself to be held out as an architect; or\n- (i) the person, in providing, or undertaking to provide, architectural services for someone (also the client ) claims, or holds out, that the services are carried out, or to be carried out, by or under the supervision of an architect; and\n- (ii) the services are not carried out by or under the supervision of an architect.\n- (a) the person has given the board a notice under section 141A (2) in relation to the provision of architectural services by the person; and\n- (b) the notice is a current notice.","sortOrder":237},{"sectionNumber":"sec.141","sectionType":"section","heading":"Protection from liability","content":"### sec.141 Protection from liability\n\nThis section applies to each of the following persons (a relevant person )—\nthe Minister;\na member;\nan investigator;\na person engaged, under section 45 , to assist the board or an investigator;\nan employee of the board.\nA relevant person is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (2) prevents a civil liability attaching to a relevant person mentioned in subsection (1) (a) , the liability attaches instead to the State.\nIf subsection (2) prevents a civil liability attaching to a relevant person mentioned in subsection (1) (b) , (c) , (d) or (e) , the liability attaches instead to the board.\ns 141 amd 2022 No. 11 s 11\n(sec.141-ssec.1) This section applies to each of the following persons (a relevant person )— the Minister; a member; an investigator; a person engaged, under section 45 , to assist the board or an investigator; an employee of the board.\n(sec.141-ssec.2) A relevant person is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act.\n(sec.141-ssec.3) If subsection (2) prevents a civil liability attaching to a relevant person mentioned in subsection (1) (a) , the liability attaches instead to the State.\n(sec.141-ssec.4) If subsection (2) prevents a civil liability attaching to a relevant person mentioned in subsection (1) (b) , (c) , (d) or (e) , the liability attaches instead to the board.\n- (a) the Minister;\n- (b) a member;\n- (c) an investigator;\n- (d) a person engaged, under section 45 , to assist the board or an investigator;\n- (e) an employee of the board.","sortOrder":238},{"sectionNumber":"sec.141A","sectionType":"section","heading":"Notice and record for businesses","content":"### sec.141A Notice and record for businesses\n\nThis section applies if a business provides architectural services at 1 or more places using an architect.\nThe business may give the board a notice in the approved form.\nThe approved form must provide for the inclusion of—\nthe business’s name, business address and telephone number; and\nthe name of each place at which the business provides the services; and\nthe name and signature of each architect who is responsible for carrying out architectural services for the business at each of the places mentioned in paragraph (b) .\nThe notice is taken not to have been given under subsection (2) unless the notice—\nincludes the information mentioned in subsection (3) ; and\nis accompanied by the fee prescribed under a regulation.\nSubsection (6) applies if a business gives the board a notice under subsection (2) and a change happens in any 1 or more of the following—\nthe business’s name, business address and telephone number; and\nthe name of a place at which the business provides architectural services using an architect; and\nthe name of an architect who is responsible for carrying out architectural services for the business at a place.\nThe business must, within 21 days after the change happens, notify the board, in the approved form, about the change.\nIf the change is in an architect responsible for carrying out architectural services for the business, the notice about the change is not given under subsection (6) unless the notice states the new architect’s name and signature.\nIf a business gives the board a notice under subsection (2) or (6) , the board must—\nkeep a record of the information given in the notice; and\nkeep the record open for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and\ngive a person a copy of the record, or a part of it, on payment of the fee prescribed under a regulation.\nIf the board receives information ( received information ), other than under subsection (6) , that leads the board to reasonably suspect information kept on the record may have changed, the board may note the received information on the record.\nThe board may make the record available for inspection on its website.\nIn this section—\nbusiness means a corporation, partnership or other unincorporated association.\ns 141A ins 2003 No. 36 s 35\namd 2010 No. 18 s 39 ; 2022 No. 11 s 12\n(sec.141A-ssec.1) This section applies if a business provides architectural services at 1 or more places using an architect.\n(sec.141A-ssec.2) The business may give the board a notice in the approved form.\n(sec.141A-ssec.3) The approved form must provide for the inclusion of— the business’s name, business address and telephone number; and the name of each place at which the business provides the services; and the name and signature of each architect who is responsible for carrying out architectural services for the business at each of the places mentioned in paragraph (b) .\n(sec.141A-ssec.4) The notice is taken not to have been given under subsection (2) unless the notice— includes the information mentioned in subsection (3) ; and is accompanied by the fee prescribed under a regulation.\n(sec.141A-ssec.5) Subsection (6) applies if a business gives the board a notice under subsection (2) and a change happens in any 1 or more of the following— the business’s name, business address and telephone number; and the name of a place at which the business provides architectural services using an architect; and the name of an architect who is responsible for carrying out architectural services for the business at a place.\n(sec.141A-ssec.6) The business must, within 21 days after the change happens, notify the board, in the approved form, about the change.\n(sec.141A-ssec.7) If the change is in an architect responsible for carrying out architectural services for the business, the notice about the change is not given under subsection (6) unless the notice states the new architect’s name and signature.\n(sec.141A-ssec.8) If a business gives the board a notice under subsection (2) or (6) , the board must— keep a record of the information given in the notice; and keep the record open for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and give a person a copy of the record, or a part of it, on payment of the fee prescribed under a regulation.\n(sec.141A-ssec.9) If the board receives information ( received information ), other than under subsection (6) , that leads the board to reasonably suspect information kept on the record may have changed, the board may note the received information on the record.\n(sec.141A-ssec.10) The board may make the record available for inspection on its website.\n(sec.141A-ssec.11) In this section— business means a corporation, partnership or other unincorporated association.\n- (a) the business’s name, business address and telephone number; and\n- (b) the name of each place at which the business provides the services; and\n- (c) the name and signature of each architect who is responsible for carrying out architectural services for the business at each of the places mentioned in paragraph (b) .\n- (a) includes the information mentioned in subsection (3) ; and\n- (b) is accompanied by the fee prescribed under a regulation.\n- (a) the business’s name, business address and telephone number; and\n- (b) the name of a place at which the business provides architectural services using an architect; and\n- (c) the name of an architect who is responsible for carrying out architectural services for the business at a place.\n- (a) keep a record of the information given in the notice; and\n- (b) keep the record open for inspection, free of charge, at the board’s office by members of the public when the office is open to the public; and\n- (c) give a person a copy of the record, or a part of it, on payment of the fee prescribed under a regulation.","sortOrder":239},{"sectionNumber":"sec.141B","sectionType":"section","heading":"Statutory declarations to verify information required under the Act","content":"### sec.141B Statutory declarations to verify information required under the Act\n\nThis section applies if a person is required under this Act to give information to the board.\nThe board may ask the person to verify the information by statutory declaration.\nIf the person gives the information to the board but does not comply with a request under subsection (2) , the person is taken to have not given the information to the board.\ns 141B ins 2020 No. 24 s 29\n(sec.141B-ssec.1) This section applies if a person is required under this Act to give information to the board.\n(sec.141B-ssec.2) The board may ask the person to verify the information by statutory declaration.\n(sec.141B-ssec.3) If the person gives the information to the board but does not comply with a request under subsection (2) , the person is taken to have not given the information to the board.","sortOrder":240},{"sectionNumber":"sec.142","sectionType":"section","heading":"Approval of forms","content":"### sec.142 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":241},{"sectionNumber":"sec.143","sectionType":"section","heading":"Regulation-making power","content":"### sec.143 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following—\nfees, including the refunding of fees, for this Act;\nthe procedures for electing a member of the board;\nimposing a penalty of no more than 20 penalty units for contravention of a regulation.\nWithout limiting subsection (2) (a) , a regulation may prescribe amounts as fees having regard to the costs of the board performing its functions under, or complying with, this Act or another Act.\nAlso, without limiting section 10 (1) (a) , a regulation may provide for a qualification under that paragraph by reference to subjects or areas of learning relating to architecture.\n(sec.143-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.143-ssec.2) A regulation may be made about the following— fees, including the refunding of fees, for this Act; the procedures for electing a member of the board; imposing a penalty of no more than 20 penalty units for contravention of a regulation.\n(sec.143-ssec.3) Without limiting subsection (2) (a) , a regulation may prescribe amounts as fees having regard to the costs of the board performing its functions under, or complying with, this Act or another Act.\n(sec.143-ssec.4) Also, without limiting section 10 (1) (a) , a regulation may provide for a qualification under that paragraph by reference to subjects or areas of learning relating to architecture.\n- (a) fees, including the refunding of fees, for this Act;\n- (b) the procedures for electing a member of the board;\n- (c) imposing a penalty of no more than 20 penalty units for contravention of a regulation.","sortOrder":242},{"sectionNumber":"pt.11","sectionType":"part","heading":"Repeal and transitional provisions","content":"# Repeal and transitional provisions","sortOrder":243},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":244},{"sectionNumber":"sec.144","sectionType":"section","heading":"Repeal of Architects Act 1985","content":"### sec.144 Repeal of Architects Act 1985\n\nThe Architects Act 1985 ( 1985 Act No. 22 ) is repealed.","sortOrder":245},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 53 of 2002","content":"## Transitional provisions for Act No. 53 of 2002","sortOrder":246},{"sectionNumber":"sec.145","sectionType":"section","heading":"Definitions for div 2","content":"### sec.145 Definitions for div 2\n\napproved architectural company means a company that, immediately before the commencement, has an approval granted under part 4 of the repealed Act.\ncommencement means the commencement of the provision in which the term is used.\ndisciplinary panel means the Architects Disciplinary Panel established under the repealed Act.\nformer board means the Board of Architects of Queensland established under the repealed Act.\nprescribed examination means an examination prescribed under a regulation in force under the repealed Act immediately before the commencement.","sortOrder":247},{"sectionNumber":"sec.146","sectionType":"section","heading":"References to repealed Act","content":"### sec.146 References to repealed Act\n\nA reference in an Act or document to the repealed Act may, if the context permits, be taken as a reference to this Act.","sortOrder":248},{"sectionNumber":"sec.147","sectionType":"section","heading":"References to former board","content":"### sec.147 References to former board\n\nA reference in an Act or document to the former board may, if the context permits, be taken as a reference to the board.","sortOrder":249},{"sectionNumber":"sec.148","sectionType":"section","heading":"Dissolution of former board","content":"### sec.148 Dissolution of former board\n\nOn the commencement—\nthe former board is dissolved; and\nthe members of the board go out of office.\nNo compensation is payable to a member because of subsection (1).\n(sec.148-ssec.1) On the commencement— the former board is dissolved; and the members of the board go out of office.\n(sec.148-ssec.2) No compensation is payable to a member because of subsection (1).\n- (a) the former board is dissolved; and\n- (b) the members of the board go out of office.","sortOrder":250},{"sectionNumber":"sec.149","sectionType":"section","heading":"Particular members of former board continue in office","content":"### sec.149 Particular members of former board continue in office\n\nThis section applies to a person who is a member of the former board immediately before the commencement if the person’s term of appointment as a member would, other than for this section, have ended before the commencement of section 148 of this Act.\nDespite section 8 of the repealed Act, the person continues as a member of the former board until it is dissolved under section 148 of this Act.\n(sec.149-ssec.1) This section applies to a person who is a member of the former board immediately before the commencement if the person’s term of appointment as a member would, other than for this section, have ended before the commencement of section 148 of this Act.\n(sec.149-ssec.2) Despite section 8 of the repealed Act, the person continues as a member of the former board until it is dissolved under section 148 of this Act.","sortOrder":251},{"sectionNumber":"sec.150","sectionType":"section","heading":"First appointment of particular member","content":"### sec.150 First appointment of particular member\n\nFor the purpose of the first appointment of a member of the board under section 82(2)(c), the Governor in Council may appoint any person holding office under section 5(1)(a) or (c) of the repealed Act before the commencement.\nA person appointed under subsection (1)—\nis taken to be properly appointed under section 82; and\nholds office until—\nthe end of 18 months after the commencement; or\nif the person, or another person, is earlier elected under section 82(2)(c)—the day the person or other person is elected.\n(sec.150-ssec.1) For the purpose of the first appointment of a member of the board under section 82(2)(c), the Governor in Council may appoint any person holding office under section 5(1)(a) or (c) of the repealed Act before the commencement.\n(sec.150-ssec.2) A person appointed under subsection (1)— is taken to be properly appointed under section 82; and holds office until— the end of 18 months after the commencement; or if the person, or another person, is earlier elected under section 82(2)(c)—the day the person or other person is elected.\n- (a) is taken to be properly appointed under section 82; and\n- (b) holds office until— (i) the end of 18 months after the commencement; or (ii) if the person, or another person, is earlier elected under section 82(2)(c)—the day the person or other person is elected.\n- (i) the end of 18 months after the commencement; or\n- (ii) if the person, or another person, is earlier elected under section 82(2)(c)—the day the person or other person is elected.\n- (i) the end of 18 months after the commencement; or\n- (ii) if the person, or another person, is earlier elected under section 82(2)(c)—the day the person or other person is elected.","sortOrder":252},{"sectionNumber":"sec.151","sectionType":"section","heading":"Employees of former board","content":"### sec.151 Employees of former board\n\nThis section applies to a person who, immediately before the commencement, was an employee of the former board.\nOn the commencement, the person becomes an employee of the board.\nThe person—\nmust be employed on terms and conditions at least equivalent to the person’s terms and conditions of employment immediately before the commencement; and\nremains entitled to all rights of employment existing or accruing immediately before the commencement.\n(sec.151-ssec.1) This section applies to a person who, immediately before the commencement, was an employee of the former board.\n(sec.151-ssec.2) On the commencement, the person becomes an employee of the board.\n(sec.151-ssec.3) The person— must be employed on terms and conditions at least equivalent to the person’s terms and conditions of employment immediately before the commencement; and remains entitled to all rights of employment existing or accruing immediately before the commencement.\n- (a) must be employed on terms and conditions at least equivalent to the person’s terms and conditions of employment immediately before the commencement; and\n- (b) remains entitled to all rights of employment existing or accruing immediately before the commencement.","sortOrder":253},{"sectionNumber":"sec.152","sectionType":"section","heading":"Vesting of former board’s assets, rights and liabilities","content":"### sec.152 Vesting of former board’s assets, rights and liabilities\n\nOn the commencement, the assets, rights and liabilities of the former board vest in the board.","sortOrder":254},{"sectionNumber":"sec.153","sectionType":"section","heading":"Vesting of former board’s pending legal proceedings","content":"### sec.153 Vesting of former board’s pending legal proceedings\n\nThis section applies to a legal proceeding that—\nwas taken by or against a following person before the commencement—\nthe former board;\na member of the former board in the person’s capacity as a member of the former board; and\nhas not been finished before the commencement.\nFrom the commencement, the proceeding may be continued and finished by or against the board.\n(sec.153-ssec.1) This section applies to a legal proceeding that— was taken by or against a following person before the commencement— the former board; a member of the former board in the person’s capacity as a member of the former board; and has not been finished before the commencement.\n(sec.153-ssec.2) From the commencement, the proceeding may be continued and finished by or against the board.\n- (a) was taken by or against a following person before the commencement— (i) the former board; (ii) a member of the former board in the person’s capacity as a member of the former board; and\n- (i) the former board;\n- (ii) a member of the former board in the person’s capacity as a member of the former board; and\n- (b) has not been finished before the commencement.\n- (i) the former board;\n- (ii) a member of the former board in the person’s capacity as a member of the former board; and","sortOrder":255},{"sectionNumber":"sec.154","sectionType":"section","heading":"Dissolution of disciplinary panel","content":"### sec.154 Dissolution of disciplinary panel\n\nOn the commencement—\nthe disciplinary panel is dissolved; and\nthe members of the panel go out of office.\nNo compensation is payable to a member because of subsection (1).\n(sec.154-ssec.1) On the commencement— the disciplinary panel is dissolved; and the members of the panel go out of office.\n(sec.154-ssec.2) No compensation is payable to a member because of subsection (1).\n- (a) the disciplinary panel is dissolved; and\n- (b) the members of the panel go out of office.","sortOrder":256},{"sectionNumber":"sec.155","sectionType":"section","heading":"Complaints under repealed Act","content":"### sec.155 Complaints under repealed Act\n\nThis section applies to a complaint about an individual given to the former board under the repealed Act if, before the commencement, the former board had not appointed a person to investigate the complaint, or otherwise dealt with, the complaint under that Act.\nThe complaint is taken to be a complaint under this Act.\n(sec.155-ssec.1) This section applies to a complaint about an individual given to the former board under the repealed Act if, before the commencement, the former board had not appointed a person to investigate the complaint, or otherwise dealt with, the complaint under that Act.\n(sec.155-ssec.2) The complaint is taken to be a complaint under this Act.","sortOrder":257},{"sectionNumber":"sec.156","sectionType":"section","heading":"Disciplinary proceeding started before commencement","content":"### sec.156 Disciplinary proceeding started before commencement\n\nThis section applies if, under the repealed Act and before the commencement—\nthe former board has laid a disciplinary charge against an architect; and\na disciplinary panel has been formed to hear and decide the charge.\nThe disciplinary panel may hear, or continue to hear, and decide the charge under the repealed Act as if the Act had not been repealed and the panel had not been dissolved under section 154.\nAlso, for hearing the charge or doing anything else under the repealed Act in relation to the charge, a disciplinary panel member has the member’s entitlements under the repealed Act.\nThe repealed Act continues in force for the purposes of the panel and the proceeding, including, for example, the making of an order by the panel under section 80 of that Act.\nAn order of the panel under section 80 of the repealed Act has effect as if it were an order of the tribunal under section 130 or 131 of this Act.\nFor this section, a reference in the repealed Act to the board may, if necessary or desirable for the proceeding, be taken to be a reference to the board established under this Act.\n(sec.156-ssec.1) This section applies if, under the repealed Act and before the commencement— the former board has laid a disciplinary charge against an architect; and a disciplinary panel has been formed to hear and decide the charge.\n(sec.156-ssec.2) The disciplinary panel may hear, or continue to hear, and decide the charge under the repealed Act as if the Act had not been repealed and the panel had not been dissolved under section 154.\n(sec.156-ssec.3) Also, for hearing the charge or doing anything else under the repealed Act in relation to the charge, a disciplinary panel member has the member’s entitlements under the repealed Act.\n(sec.156-ssec.4) The repealed Act continues in force for the purposes of the panel and the proceeding, including, for example, the making of an order by the panel under section 80 of that Act.\n(sec.156-ssec.5) An order of the panel under section 80 of the repealed Act has effect as if it were an order of the tribunal under section 130 or 131 of this Act.\n(sec.156-ssec.6) For this section, a reference in the repealed Act to the board may, if necessary or desirable for the proceeding, be taken to be a reference to the board established under this Act.\n- (a) the former board has laid a disciplinary charge against an architect; and\n- (b) a disciplinary panel has been formed to hear and decide the charge.","sortOrder":258},{"sectionNumber":"sec.157","sectionType":"section","heading":"Continuing investigations","content":"### sec.157 Continuing investigations\n\nThis section applies to a person who—\nis appointed as an investigator under section 31 of the repealed Act; and\nimmediately before the commencement, is investigating the conduct of an architect under the repealed Act.\nOn the commencement, the person is taken to be an investigator under section 48 and may continue the investigation under this Act.\n(sec.157-ssec.1) This section applies to a person who— is appointed as an investigator under section 31 of the repealed Act; and immediately before the commencement, is investigating the conduct of an architect under the repealed Act.\n(sec.157-ssec.2) On the commencement, the person is taken to be an investigator under section 48 and may continue the investigation under this Act.\n- (a) is appointed as an investigator under section 31 of the repealed Act; and\n- (b) immediately before the commencement, is investigating the conduct of an architect under the repealed Act.","sortOrder":259},{"sectionNumber":"sec.158","sectionType":"section","heading":"Appeals","content":"### sec.158 Appeals\n\nSubsection (2) applies if—\na person has appealed to the District Court under the repealed Act before the commencement against a following decision—\na decision of the former board to refuse an application for registration;\na decision of the former board, under section 20(1)(c) or (d) of the repealed Act, to remove a person’s name from the register under that Act;\na decision mentioned in section 84(1) of the repealed Act; and\nthe appeal has not been decided before the commencement.\nThe District Court may hear, or continue to hear, and decide the appeal under the repealed Act as if the Act had not been repealed.\nSubsection (4) applies if—\nimmediately before the commencement a person could have appealed to the District Court under the repealed Act against a decision mentioned in subsection (1)(a); and\nthe person has not appealed before the commencement.\nThe person may appeal, and the District Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.\nFor giving effect to its decision under subsection (2) or (4), the District Court may make the orders it considers necessary having regard to the provisions of this Act.\nOn an appeal by a person against a decision to cancel the person’s registration under the repealed Act, the District Court may order that the board register the person under this Act.\n(sec.158-ssec.1) Subsection (2) applies if— a person has appealed to the District Court under the repealed Act before the commencement against a following decision— a decision of the former board to refuse an application for registration; a decision of the former board, under section 20(1)(c) or (d) of the repealed Act, to remove a person’s name from the register under that Act; a decision mentioned in section 84(1) of the repealed Act; and the appeal has not been decided before the commencement.\n(sec.158-ssec.2) The District Court may hear, or continue to hear, and decide the appeal under the repealed Act as if the Act had not been repealed.\n(sec.158-ssec.3) Subsection (4) applies if— immediately before the commencement a person could have appealed to the District Court under the repealed Act against a decision mentioned in subsection (1)(a); and the person has not appealed before the commencement.\n(sec.158-ssec.4) The person may appeal, and the District Court may hear and decide the appeal, under the repealed Act as if this Act had not commenced.\n(sec.158-ssec.5) For giving effect to its decision under subsection (2) or (4), the District Court may make the orders it considers necessary having regard to the provisions of this Act. On an appeal by a person against a decision to cancel the person’s registration under the repealed Act, the District Court may order that the board register the person under this Act.\n- (a) a person has appealed to the District Court under the repealed Act before the commencement against a following decision— (i) a decision of the former board to refuse an application for registration; (ii) a decision of the former board, under section 20(1)(c) or (d) of the repealed Act, to remove a person’s name from the register under that Act; (iii) a decision mentioned in section 84(1) of the repealed Act; and\n- (i) a decision of the former board to refuse an application for registration;\n- (ii) a decision of the former board, under section 20(1)(c) or (d) of the repealed Act, to remove a person’s name from the register under that Act;\n- (iii) a decision mentioned in section 84(1) of the repealed Act; and\n- (b) the appeal has not been decided before the commencement.\n- (i) a decision of the former board to refuse an application for registration;\n- (ii) a decision of the former board, under section 20(1)(c) or (d) of the repealed Act, to remove a person’s name from the register under that Act;\n- (iii) a decision mentioned in section 84(1) of the repealed Act; and\n- (a) immediately before the commencement a person could have appealed to the District Court under the repealed Act against a decision mentioned in subsection (1)(a); and\n- (b) the person has not appealed before the commencement.","sortOrder":260},{"sectionNumber":"sec.159","sectionType":"section","heading":"Existing registrations","content":"### sec.159 Existing registrations\n\nThis section applies to an individual who, immediately before the commencement, was an architect under the repealed Act.\nOn the commencement, the individual is taken to be an architect under this Act.\nDespite section 15, the registration remains in force, unless it is sooner cancelled, until the later of the following days—\n31 December first happening after the commencement;\nthe day that is 3 months after the commencement.\nHowever, if the individual pays the registration fee to the board before the day on which the registration would have ended under subsection (3), the registration remains in force until the last day of the financial year in which the registration would otherwise have ended under the subsection.\nIn this section—\nregistration fee means the registration fee prescribed under section 8(2)(b)(iii) for registration for not more than 6 months.\ns 159 amd 2010 No. 18 s 41\n(sec.159-ssec.1) This section applies to an individual who, immediately before the commencement, was an architect under the repealed Act.\n(sec.159-ssec.2) On the commencement, the individual is taken to be an architect under this Act.\n(sec.159-ssec.3) Despite section 15, the registration remains in force, unless it is sooner cancelled, until the later of the following days— 31 December first happening after the commencement; the day that is 3 months after the commencement.\n(sec.159-ssec.4) However, if the individual pays the registration fee to the board before the day on which the registration would have ended under subsection (3), the registration remains in force until the last day of the financial year in which the registration would otherwise have ended under the subsection.\n(sec.159-ssec.5) In this section— registration fee means the registration fee prescribed under section 8(2)(b)(iii) for registration for not more than 6 months.\n- (a) 31 December first happening after the commencement;\n- (b) the day that is 3 months after the commencement.","sortOrder":261},{"sectionNumber":"sec.160","sectionType":"section","heading":"Existing approvals","content":"### sec.160 Existing approvals\n\nThis section applies to an approved architectural company.\nOn the commencement, the company’s approval granted under part 4 of the repealed Act ceases to have effect.\n(sec.160-ssec.1) This section applies to an approved architectural company.\n(sec.160-ssec.2) On the commencement, the company’s approval granted under part 4 of the repealed Act ceases to have effect.","sortOrder":262},{"sectionNumber":"sec.161","sectionType":"section","heading":"Existing applications for registration","content":"### sec.161 Existing applications for registration\n\nThis section applies to an application for registration as an architect under the repealed Act and not decided before the commencement.\nThe application must be decided under this Act.\n(sec.161-ssec.1) This section applies to an application for registration as an architect under the repealed Act and not decided before the commencement.\n(sec.161-ssec.2) The application must be decided under this Act.","sortOrder":263},{"sectionNumber":"sec.162","sectionType":"section","heading":"Continuing effect of qualifications under repealed Act","content":"### sec.162 Continuing effect of qualifications under repealed Act\n\nSubsection (2) applies—\ndespite the repeal of the repealed Act; and\nonly until the commencement of the Architects Amendment Act 2010 .\nA person is taken to be qualified for registration under section 10(1) if the person complies with the requirements for registration under section 16(1)(a) and (b) of the repealed Act.\ns 162 amd 2010 No. 18 s 42\n(sec.162-ssec.1) Subsection (2) applies— despite the repeal of the repealed Act; and only until the commencement of the Architects Amendment Act 2010 .\n(sec.162-ssec.2) A person is taken to be qualified for registration under section 10(1) if the person complies with the requirements for registration under section 16(1)(a) and (b) of the repealed Act.\n- (a) despite the repeal of the repealed Act; and\n- (b) only until the commencement of the Architects Amendment Act 2010 .","sortOrder":264},{"sectionNumber":"sec.163","sectionType":"section","heading":"Matters about prescribed examinations","content":"### sec.163 Matters about prescribed examinations\n\nSubsection (2) applies to a person who—\nimmediately before the commencement, is undertaking part 1 or 2 of the prescribed examinations; and\nsuccessfully completes part 2 of the prescribed examinations before 1 July 2005.\nDespite section 10(1), successful completion of part 2 of the prescribed examinations is taken to be a qualification mentioned in section 10(1)(a).\nThe board or another entity approved by the board must continue to conduct parts 1 and 2 of the prescribed examinations until 1 July 2005.\nThe board or another entity approved by the board must continue to conduct part 3 of the prescribed examinations for a person mentioned in subsection (1)(a) until a regulation provides for the competencies in the practice of architecture under section 10(1)(b) of this Act.\n(sec.163-ssec.1) Subsection (2) applies to a person who— immediately before the commencement, is undertaking part 1 or 2 of the prescribed examinations; and successfully completes part 2 of the prescribed examinations before 1 July 2005.\n(sec.163-ssec.2) Despite section 10(1), successful completion of part 2 of the prescribed examinations is taken to be a qualification mentioned in section 10(1)(a).\n(sec.163-ssec.3) The board or another entity approved by the board must continue to conduct parts 1 and 2 of the prescribed examinations until 1 July 2005.\n(sec.163-ssec.4) The board or another entity approved by the board must continue to conduct part 3 of the prescribed examinations for a person mentioned in subsection (1)(a) until a regulation provides for the competencies in the practice of architecture under section 10(1)(b) of this Act.\n- (a) immediately before the commencement, is undertaking part 1 or 2 of the prescribed examinations; and\n- (b) successfully completes part 2 of the prescribed examinations before 1 July 2005.","sortOrder":265},{"sectionNumber":"sec.164","sectionType":"section","heading":"Fees for prescribed examinations","content":"### sec.164 Fees for prescribed examinations\n\nThe fee payable to the board for entry to a prescribed examination is the fee that would have been payable for the entry immediately before the commencement.","sortOrder":266},{"sectionNumber":"sec.165","sectionType":"section","heading":"Refund of fees—approved architectural company","content":"### sec.165 Refund of fees—approved architectural company\n\nAs soon as practicable after the commencement, the board must refund to each approved architectural company an amount calculated using the formula—\nIn this section—\nA means the amount to be refunded.\nB means a reasonable amount, decided by the board, for administrative costs incurred by the board in refunding the amount under this section.\nC means the number of whole months for which the company was registered as an approved architectural company in the relevant period in which this section commences.\nF means—\nif the company applied for registration as an approved architectural company in the year in which this section commences—$205; or\nif the company applied for renewal of its certificate of approval as an approved architectural company in the year in which this section commences—$145.\nrelevant period means the period from 1 March in a year to the last day of February in the following year.\n(sec.165-ssec.1) As soon as practicable after the commencement, the board must refund to each approved architectural company an amount calculated using the formula—\n(sec.165-ssec.2) In this section— A means the amount to be refunded. B means a reasonable amount, decided by the board, for administrative costs incurred by the board in refunding the amount under this section. C means the number of whole months for which the company was registered as an approved architectural company in the relevant period in which this section commences. F means— if the company applied for registration as an approved architectural company in the year in which this section commences—$205; or if the company applied for renewal of its certificate of approval as an approved architectural company in the year in which this section commences—$145. relevant period means the period from 1 March in a year to the last day of February in the following year.\n- (a) if the company applied for registration as an approved architectural company in the year in which this section commences—$205; or\n- (b) if the company applied for renewal of its certificate of approval as an approved architectural company in the year in which this section commences—$145.","sortOrder":267},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Transitional provision for Architects Amendment Act 2010","content":"## Transitional provision for Architects Amendment Act 2010","sortOrder":268},{"sectionNumber":"sec.166","sectionType":"section","heading":"Certain applications to be dealt with under pre-amended Act","content":"### sec.166 Certain applications to be dealt with under pre-amended Act\n\nThis section applies to any of the following applications if the application was made to the board, and not finally dealt with, before the commencement—\nan application for registration under the pre-amended Act, section 8;\nan application for renewal of registration under the pre-amended Act, section 18;\nan application for restoration of registration under the pre-amended Act, section 23.\nThe pre-amended Act continues to apply to the application for the purpose of making a decision about the application.\nIn this section—\ncommencement means the commencement of this section.\npre-amended Act means this Act as in force immediately before the commencement.\ns 166 ins 2010 No. 18 s 43\n(sec.166-ssec.1) This section applies to any of the following applications if the application was made to the board, and not finally dealt with, before the commencement— an application for registration under the pre-amended Act, section 8; an application for renewal of registration under the pre-amended Act, section 18; an application for restoration of registration under the pre-amended Act, section 23.\n(sec.166-ssec.2) The pre-amended Act continues to apply to the application for the purpose of making a decision about the application.\n(sec.166-ssec.3) In this section— commencement means the commencement of this section. pre-amended Act means this Act as in force immediately before the commencement.\n- (a) an application for registration under the pre-amended Act, section 8;\n- (b) an application for renewal of registration under the pre-amended Act, section 18;\n- (c) an application for restoration of registration under the pre-amended Act, section 23.","sortOrder":269},{"sectionNumber":"sec.167","sectionType":"section","heading":"Prospective application of ss 36AA and 69AA","content":"### sec.167 Prospective application of ss 36AA and 69AA\n\nSections 36AA and 69AA do not apply to a person who, before the commencement, stopped being an architect if the relevant conduct of the person mentioned in section 36AA(1) happened before the commencement.\nIn this section—\ncommencement means the commencement of this section.\ns 167 ins 2010 No. 18 s 43\n(sec.167-ssec.1) Sections 36AA and 69AA do not apply to a person who, before the commencement, stopped being an architect if the relevant conduct of the person mentioned in section 36AA(1) happened before the commencement.\n(sec.167-ssec.2) In this section— commencement means the commencement of this section.","sortOrder":270},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020","content":"## Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020","sortOrder":271},{"sectionNumber":"sec.168","sectionType":"section","heading":"Continued limitation of time for particular summary proceedings","content":"### sec.168 Continued limitation of time for particular summary proceedings\n\nThis section applies if, immediately before the commencement, a proceeding for an offence against this Act could not be started because of the pre-amended Act, section 138(2).\nThe pre-amended Act, section 138(2) continues to apply to a proceeding for the offence.\nIn this section—\npre-amended Act means this Act as in force immediately before the commencement.\ns 168 ins 2020 No. 24 s 30\n(sec.168-ssec.1) This section applies if, immediately before the commencement, a proceeding for an offence against this Act could not be started because of the pre-amended Act, section 138(2).\n(sec.168-ssec.2) The pre-amended Act, section 138(2) continues to apply to a proceeding for the offence.\n(sec.168-ssec.3) In this section— pre-amended Act means this Act as in force immediately before the commencement.","sortOrder":272}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":667},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2002 scope. Major additions include: Part 2A (health assessments, 2010), Part 2B (audit programs, 2020), extensive new investigation powers including warrant-based entry and seizure (2020), and expanded disciplinary grounds. The 2020 amendments in particular added substantial enforcement machinery that goes well beyond the original registration and basic discipline framework."},"complexity_factors":["Multiple overlapping registration pathways (practising vs non-practising) with different conditions","Extensive cross-referencing between sections (e.g., fitness to practise criteria referenced in multiple places)","Detailed procedural requirements for investigations, including warrant powers, entry procedures, and seizure rules added in 2020 amendments","Numerous transitional provisions preserving old law for pending matters across three different amendment periods (2002, 2010, 2020)","Conditional logic for disciplinary proceedings that can continue even after someone stops being an architect","Nested exceptions for health assessment reports (inadmissible except in specific proceedings with consent)","Complex forfeiture and return rules for seized evidence with multiple timeframes and conditions"],"plain_english_summary":"**What this law does:**\n\nThis is the **Architects Act 2002** (Queensland), which sets up a system to regulate who can call themselves an architect and how architects must behave professionally.\n\n**Key things it covers:**\n\n- **Registration:** Only people registered with the Board of Architects of Queensland can legally use the title \"architect\" or \"registered architect.\" There are two types: *practising* architects (who actively work) and *non-practising* architects (who don't).\n\n- **Who can register:** To become registered, you need proper qualifications (recognised by the Architects Accreditation Council of Australia), must pass exams, and be \"fit to practise\" — meaning no serious criminal history, bankruptcy issues, or health problems that would stop you working safely.\n\n- **The Board:** A 7-member body that handles registrations, investigates complaints, can discipline architects, and makes rules about professional conduct. Members include architects, a lawyer, a builder, and a community representative.\n\n- **Complaints and discipline:** Anyone can complain about an architect's conduct. The Board can investigate, and serious cases go to a tribunal that can fine architects, cancel their registration, or disqualify them from practising.\n\n- **Protecting the public:** It's illegal for non-architects to pretend to be architects or use protected titles. Businesses must clearly identify which architect is responsible for their work.\n\n- **Health assessments:** The Board can require architects to undergo medical checks if there are concerns about their mental or physical ability to practise safely.\n\n**Why it matters:**\n\nThis law protects people who hire architects by ensuring only qualified, competent professionals can use the title — and that there's a system to deal with architects who behave badly or can't practise safely."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9(1)(b)","severity":"medium","reasoning":"Section 9(1)(b) requires the board to consider whether ALL applicants for registration are 'fit to practise as an architect' as a condition of eligibility. Section 9(2) then creates a separate category of 'non-practising architect' whose defining characteristic is that they will NOT practise. Yet the fitness-to-practise requirement in s9(1)(b) applies to non-practising applicants as well, meaning a person must be assessed as fit to do something they are expressly prohibited from doing as a condition of their registration. The same logical tension appears in s20(2)(a) for renewal.","confidence":0.82,"description":"Non-practising architect must be 'fit to practise as an architect'"},{"type":"circular_definition","section":"sec.16(1) and sec.16(3)","severity":"medium","reasoning":"Section 16(1) defines 'continuing registration requirements' as 'requirements of the board that, if satisfied, demonstrate that an applicant... has maintained competency'. Section 16(3) then states 'The requirements are satisfied by complying with the board's continuing registration requirements for architecture.' This is entirely circular: the requirements are satisfied by complying with the requirements. The subsection adds no legal content and merely restates the definition as its own fulfilment condition.","confidence":0.85,"description":"Circular definition of 'continuing registration requirements'"},{"type":"other","section":"sec.27(4) and sec.27(5)","severity":"medium","reasoning":"Section 27(4) allows the board to extend the time for providing information required under s27(2). Section 27(5) explicitly states that such an extension notice 'may be given... even if the time to which it relates has lapsed.' However, s27(6) provides that if the applicant does not comply 'within the stated time, or any extension, the application lapses.' This creates a paradox: the application lapses at the moment the time expires under s27(6), yet s27(5) allows an extension to be granted after that lapse. The extension would be reviving an already-lapsed application, which is functionally the same as restoration — a different, more formal process governed by s23.","confidence":0.75,"description":"Extension of time may be granted after the time has already lapsed"},{"type":"other","section":"sec.29A(3) and sec.29A(4)","severity":"low","reasoning":"Section 29A(3) requires the information notice to state the period of suspension, and s29A(4)(a) says the suspension 'is for the period the board decides'. However, s29A(5) requires the board to end the suspension if satisfied the ground no longer exists, and s29A(6) ends the suspension if registration is cancelled or ends. The stated period is therefore legally meaningless — it will be overridden by either the resolution of the underlying ground or cancellation. The requirement to state a period that may never run its course creates an obligation with no practical legal effect.","confidence":0.65,"description":"Immediate suspension notice must state a period, but the period is determined by the board with no constraints"},{"type":"impossible_compliance","section":"sec.32B","severity":"high","reasoning":"Section 32B(1) triggers only after an architect has been unable to safely practise for a 'continuous period of 6 months'. Section 32B(2) then requires the architect to 'immediately' notify the board. However, an architect incapacitated by mental or physical health for 6 continuous months may be in no condition to provide immediate written notification. The Act imposes a criminal penalty (50 penalty units) on a person for failing to immediately act at the very moment their 6-month incapacity crystallises — a moment defined precisely by an ongoing mental or physical health crisis. There is a 'reasonable excuse' carve-out but it is unclear whether the very incapacity that triggers the obligation would itself constitute a reasonable excuse, creating a paradox.","confidence":0.88,"description":"Impossible compliance window for mandatory notification of 6-month incapacity"},{"type":"self_contradicting","section":"sec.35H(1) and sec.35H(4)","severity":"medium","reasoning":"Section 35H(1) makes a health assessment report inadmissible in 'any proceeding'. Sections 35H(2) and (3) carve out multiple classes of proceedings where the report IS admissible. Section 35H(4) requires the report to be 'destroyed as soon as practicable after it is no longer needed for those purposes'. The destruction obligation conflicts with the admissibility exceptions: if the report must be retained for use in appeal proceedings (s35H(2)(b)), there is no clear mechanism determining when it is 'no longer needed', and premature destruction would defeat the rights of the architect on appeal. Conversely, indefinite retention pending possible future appeals conflicts with the destruction mandate.","confidence":0.72,"description":"Health assessment report must be destroyed but is simultaneously required to be preserved for use in proceedings"},{"type":"other","section":"sec.51(3)","severity":"low","reasoning":"Section 51(3) states 'an investigator does not exercise a power in relation to a person only because the inspector has entered a public place under section 62A(1)(b)'. The word 'inspector' appears to be a drafting error — the Act consistently uses the term 'investigator'. This internal inconsistency introduces ambiguity about whether 'inspector' refers to a different class of officer entirely or is simply a typographic error, potentially undermining the identity card production obligation.","confidence":0.9,"description":"Section 51(3) refers to 'the inspector' where the Act uses 'investigator'"},{"type":"other","section":"sec.28(f)","severity":"medium","reasoning":"Section 28(f) allows the board to cancel an architect's registration merely because 'a proceeding is taken against the architect for a matter mentioned in section 36 under a law applying in the Commonwealth, another State or a foreign country.' The commencement of proceedings — not a finding or conviction — is a ground for cancellation. This is asymmetric with s28(g) which sensibly requires a conviction before cancellation. An architect could have their Queensland registration cancelled based on the filing of a complaint in a foreign jurisdiction, with no finding of wrongdoing, and with no apparent requirement that the proceedings be substantiated.","confidence":0.78,"description":"Cancellation ground triggered by mere commencement of proceedings in other jurisdictions, before any finding"}],"contradictions":[{"severity":"low","section_a":"sec.18(2)","section_b":"sec.18(4)","confidence":0.68,"description":"Mandatory window for renewal applications contradicted by discretionary exception that swallows the rule"},{"severity":"medium","section_a":"sec.9(2)","section_b":"sec.20(2)(b)","confidence":0.77,"description":"Non-practising architect eligibility based on assurance of non-practice contradicted by requirement to assess 'continuing registration requirements' which presuppose practice"},{"severity":"medium","section_a":"sec.28(i)(i)-(ii)","section_b":"sec.28(j)","confidence":0.7,"description":"Section 28(i) lists as cancellation grounds the architect's non-compliance or non-cooperation with a health assessment, while s28(j) separately lists an adverse health assessment report as a ground. However, s28(i) does not include s28(j) as a sub-item, meaning a completed assessment showing inability to practise appears structurally separated from the failure-to-comply grounds under s28(i), potentially creating gaps: under s28(i), the relevant 'health assessment' ground is never completed if the architect refuses to cooperate, yet the board must still proceed — but without a 'report' it cannot invoke s28(j)."},{"severity":"medium","section_a":"sec.35B(4)","section_b":"sec.35H(4)","confidence":0.65,"description":"Section 35B(4) requires criminal history reports to be 'destroyed as soon as practicable after no longer needed for the purposes of this Act'. Section 35H(4) imposes the identical obligation on health assessment reports. Both destruction obligations conflict with the retention requirements implicit in s35H(2)'s admissibility exceptions for appeal proceedings, and with general record-keeping obligations that may apply under other Queensland legislation, creating an impossible compliance scenario where destruction may be legally mandated but operationally premature."},{"severity":"low","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.6,"description":"Section 5(1) states the Act 'binds all persons, including the State'. Section 5(2) carves out the State from criminal prosecution. This is a standard formulation but creates a logical asymmetry: the State is bound by the substantive obligations of the Act (including obligations about practice of architecture) but faces no enforcement mechanism by way of prosecution, rendering the binding of the State largely symbolic for any provision that is enforced only through criminal penalty."},{"severity":"medium","section_a":"sec.36(a)","section_b":"sec.36AA(1)","confidence":0.73,"description":"Section 36(a) establishes as a disciplinary ground conduct 'whether before or after the commencement of this Act', indicating retrospective application. Section 36AA(1) extends the reach of Part 3 to 'former architects'. Together these provisions could allow disciplinary action against a person for pre-commencement conduct occurring when neither this Act nor any registration under it existed, creating retroactive impossibility: the person could not have known their conduct was subject to this regime, and any disciplinary outcome (e.g. cancellation of registration) against a non-architect is conceptually incoherent."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 2002 Act focused primarily on a straightforward registration and complaints framework. Subsequent amendments (particularly in 2010 and 2020) significantly expanded the scope to include: mandatory health assessments for architects with capacity concerns; a formal audit program for compliance checking; expanded notification obligations (including for health incapacity, interstate disciplinary events, and 'prescribed changes' affecting fitness to practise); extended jurisdiction over former architects; immediate suspension powers; and enhanced criminal history checking powers via the police commissioner. The Act has evolved from a basic licensing scheme into a comprehensive professional regulation framework with active monitoring and enforcement mechanisms."},"complexity_factors":["Multiple registration pathways (initial, renewal, restoration) each with distinct procedural requirements and timeframes","Two categories of registration (practising vs non-practising) with different eligibility conditions","Interlocking provisions — fitness to practise criteria in s.11 are cross-referenced across registration, renewal, restoration, cancellation, and health assessment decisions","Multiple disciplinary grounds and enforcement mechanisms including complaints, own-initiative investigations, health assessments, and audits running in parallel","Interaction with external regulatory bodies (AACA, police commissioner, interstate/overseas regulators, professional associations)","Mutual recognition framework cross-referencing separate Commonwealth and Trans-Tasman legislation","Extensive notification obligations with different timeframes (7, 14, 21 days; 2 months; 6 months) across different sections","Evidence and admissibility rules for health assessment reports with carve-outs and consent exceptions","Extended jurisdiction over former architects who are no longer registered","Numerous amendments over time (2010, 2020, 2022, 2023, 2024) creating layered provisions that require careful cross-referencing"],"plain_english_summary":"The Architects Act 2002 controls who may call themselves an architect in Queensland and sets the pathway to registration (AACA-recognised qualification, practice exam, and fitness-to-practise), distinguishes practising and non‑practising status, and requires annual renewal with continuing professional requirements.\n\nIt creates the Board of Architects of Queensland to register, audit, investigate complaints, order health assessments and discipline practitioners. It affects aspiring and registered architects, businesses offering architectural services, and the public seeking qualified, accountable architects."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since its original enactment the Act’s substantive enforcement and regulatory scope has widened. Key additions expand the regulator’s tools and the range of regulated actors: health assessment powers and protected medical reports (secs 35D–35H); approved audit programs and compulsory production powers for audited architects (secs 35I–35J); broad entry, search, seizure and forfeiture powers with warrant and consent regimes (secs 62A–62Y); extension of disciplinary reach to conduct occurring while a person was an architect even after they cease to be registered (sec 36AA); new notification duties for architects and businesses (secs 32AA, 32A, 141A); and explicit cost recovery measures and tribunal cost reimbursement (secs 139A, 106). These changes increase investigatory and enforcement intensity relative to the original licensing‑and‑standards focus, adding new privacy protections (limited admissibility of health reports — sec 35H) and expanded procedural safeguards (notice, review rights). The amendments therefore grow the Act beyond simply licensing and standard‑setting into a more interventionist compliance and investigatory regime."},"complexity_factors":["Multiple interlocking Parts (registration, investigations, disciplinary proceedings, board governance, audits, health assessments, entry and seizure) with dense cross‑references (e.g. sections 8, 27, 55, 71, 73, 121).","Significant conditional and temporal rules (notice periods, minimum days for responses, application windows, lapsing rules) across registration and investigatory processes (secs 8, 17–19, 27, 29, 35D).","Large investigatory block (entry, consent, warrants, search, seizure, retention, forfeiture) spanning sections 62A–62Y with many exceptions and procedural safeguards (requires close reading to apply correctly).","Multiple bespoke processes (compulsory health assessments — secs 35D–35H; approved audits — secs 35I–35J) that introduce different evidentiary and privacy rules (e.g. limited admissibility of health reports).","Extensive regulatory delegation and oversight mechanisms (board delegations sec 107A; Ministerial directions sec 98; performance agreements sec 99) introducing layered decision‑making and external controls.","Numerous offences and varying penalty levels (from 10 to 1,000 penalty units) and cost recovery mechanisms (secs 30–31, 62R, 113–114, 139A, 130(3)(d)), requiring cross‑check with penalty unit value and court procedures.","Transitional and savings provisions referencing the repealed Architects Act and other statutes (pt 11 and multiple sections), which increase interpretive complexity for legacy matters and ongoing proceedings.","Information governance and publication rules (register content, publication timing, limits on including particulars pending review or appeal — sec 102) create conditional disclosure logic to manage reputational and legal risk."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a licensing and disciplinary regime for individuals practising architecture in Queensland. It creates the Board of Architects of Queensland (the board) to register architects, keep a public register, set and publish continuing‑registration requirements and a code of practice, investigate complaints and start disciplinary or prosecution processes (secs 3–4, 80, 102, 108).\n\n- Sets minimum gates to practise: who may apply (only individuals), what qualifications and examinations are required (national AACA pathways and board‑approved exams), and that applicants must be fit to practise (secs 8–11, 10). Registration is for a financial year and may be practising or non‑practising (secs 15, 7A).\n\n- Provides application, renewal and restoration procedures and timeframes (secs 8, 16–26). The board may require further information and can let an application lapse if the applicant does not comply (sec 27).\n\n- Creates notification duties and offences for architects and others: changing contact details, prescribed changes, disciplinary events, health‑related incapacity, false statements/documents in applications or investigations, impersonating investigators, obstructing investigations, and unlawful use of the title ‘architect’ (secs 30–33, 32, 32AA–32B, 65–68, 113–117).\n\n- Gives the board investigatory and enforcement powers: appoint investigators, require information or attendance, inspect and copy documents, seize and retain evidence, enter premises (with consent, public‑place rules or a warrant), use approved audit programs, and conduct health assessments of architects (secs 45–57, 58–66, 62A–62Y, 35I–35J, 35D–35H).\n\n- Sets the outcomes available after investigation or on tribunal (QCAT) finding: cautions, reprimands, conditions on registration, cancellation, suspension, disqualification from future registration, fines up to set limits, and orders to pay investigation/trial costs (secs 73–75, 130–133, 139A, 106).\n\n- Provides transparency measures: public register, publication of certain decisions and codes, annual reporting and a performance agreement with the Minister (secs 102–103, 74A, 107–109, 99).\n\n**Who this affects**\n\n- Individuals seeking to practise as architects (applicants and registrants). They must meet national qualifications, pass examinations approved by the board, and meet ongoing competency and notification requirements (secs 8–11, 16–18).\n\n- Registered architects: subject to continuing professional development/continuing registration requirements, audits, notification duties (name/contact, disciplinary events, health), possible health assessments, and disciplinary processes (secs 16, 17, 35I–35J, 32, 32AA–32B, 35D–35H, 73).\n\n- Businesses that provide architectural services using architects: they can file a notice with the board identifying business locations and responsible practising architects; corporations that comply with that process get limited entitlements to use titles (secs 141A, 114A).\n\n- The Board of Architects of Queensland (the regulator): given powers to administer the register, investigate, run audits, appoint investigators and staff, publish codes and register data, and enter into performance agreements with the Minister (secs 77–81, 35I, 100–101, 99).\n\n- Complainants and members of the public: can make complaints, inspect the register and access information about complaint processes (secs 37, 103, 125).\n\n- The tribunal (QCAT): responsible for review and disciplinary hearings in many cases (secs 121, 126, 130–133).\n\n**Why it matters (official rationale, then tested against costs and trade‑offs)**\n\n- Official purpose claims: the Act says its main objects are to protect the public by ensuring architectural services are delivered professionally and competently, maintain public confidence and uphold standards of practice; it achieves this by registration, monitoring/enforcement, obligations on practice and establishing the board (secs 3–4).\n\n- Practical effects and trade‑offs:\n  - Compliance and administrative costs: applicants and registered architects pay application and annual registration fees (sec 8). Businesses that notify under sec 141A may pay a regulatory fee. The board may also recover or be ordered to pay tribunal costs (secs 106, 139A). These are concentrated costs on registrants and businesses; the board bears some administrative costs but can recover some costs via fees or orders.\n  - Enforcement intensity and private choice: the Act expands investigatory tools (audits, compulsory health assessments, entry and seizure powers, warrants) that increase the regulator’s capacity to detect and act on poor practice (secs 35I–35J, 35D–35H, 62A–62Y). That raises compliance risk for practitioners and increases the regulator’s discretion (remedied in part by statutory notice, review and appeal mechanisms — secs 29, 121, 126).\n  - Cost‑recovery incentives: sections allowing the board or courts to order payment for investigation costs (secs 130(3)(d), 139A) create a potential incentive for cost recovery against persons found at fault, but also add financial exposure for defendants even before final appeal. The board must reimburse departmental tribunal costs (sec 106) — a budgetary flow that can influence administrative behaviour.\n  - Asset and privacy risk: seizure and retention rules and public register publication (secs 62O–62Y, 102, 74A) increase transparency but also risk reputational harm and require procedural safeguards (notice, time limits, review rights in sec 62W and part 8). Health assessment reports are protected from admissibility in proceedings except in limited circumstances (sec 35H), balancing privacy and public protection.\n  - Delegation and ministerial oversight: the Minister can direct the board on performance (except decisions on individual registration outcomes) and the board must enter performance agreements and publish them (secs 98–99). That creates gubernatorial oversight while preserving independence on individual licensing decisions.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: applicants and registered architects (application, annual fees — secs 8, 18); businesses that file notices (sec 141A); architects may be required to pay the costs of a health assessment if found currently unable to practise (sec 35G); persons found guilty or the subject of tribunal orders may be ordered to pay investigation or tribunal costs (secs 130(3)(d), 139A).\n\n- Who decides: the Board of Architects of Queensland decides registration, renewal, restoration, audit programs and whether to investigate or take administrative action (secs 12, 20, 24, 35I, 41, 73). Investigators appointed by the board exercise statutory investigatory powers (secs 46–49). The tribunal (QCAT) decides reviews and disciplinary proceedings and can make orders up to disqualification or cancellation (secs 121, 126, 130–133). The Minister can direct board performance (sec 98).\n\n- Behaviour changes required or discouraged:\n  - Individuals must follow the specified qualification and examination pathways and keep registration details up to date (secs 10, 30–31, 32).\n  - Registered architects must comply with continuing registration requirements, cooperate with investigations and, where required, undergo health assessments (secs 16, 55–56, 35D–35H).\n  - Firms advertising architectural services must ensure a practising architect is responsible and must disclose the responsible architect’s contact details in correspondence and to clients; non‑architects are barred from using protected titles (secs 115–117, 114).\n  - Potential wrongdoers face stronger investigatory and seizure powers and possible orders for costs and registration sanctions (secs 62A–62Y, 130, 139A).\n\n**Implementation risks and compliance burdens (brief)**\n\n- The Act places a moderate to high administrative burden on the board: running audits, managing register publication, handling notifications and appeals, maintaining investigation capacity and ensuring legal safeguards (secs 35I, 102, 62S, 71, 73, 121, 106).\n- For architects and businesses, the burden is ongoing fees, record‑keeping to support audits, notification duties (21‑day time limits in several sections), and risk of significant penalties (secs 32, 32AA–32A, 141A, 62L–62M, 113–114).\n- Discretionary powers (immediate suspension, warrantless entry with consent, cost orders) require robust procedural fairness to limit overreach; the Act supplies notice, review and tribunal appeal routes but administrative resourcing will determine practical protection (secs 29A, 62A, 62F–62I, 121, 126)."}},"importantCases":[],"_links":{"self":"/api/acts/architects-act-2002","history":"/api/acts/architects-act-2002/history","analysis":"/api/acts/architects-act-2002/analysis","conflicts":"/api/acts/architects-act-2002/conflicts","importantCases":"/api/acts/architects-act-2002/important-cases","documents":"/api/acts/architects-act-2002/documents"}}