{"id":"BILL-WA-CA71B129873C59D448258C6700330CF4","name":"Architects Amendment Bill 2025","slug":"architects-amendment-bill-2025","collection":"bill","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-04-09","administeringDepartment":null,"currentVersion":{"id":446154,"registerId":"BILL-WA-CA71B129873C59D448258C6700330CF4:current","compilationNumber":null,"startDate":"2025-04-09","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:47:27.626Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Architects Amendment Bill 2025\n\n6—1 page i\nWestern Australia\nArchitects Amendment Bill 2025\nContents\nPart 1 — Preliminary\n1. Short title 2\n2. Commencement 2\nPart 2 — Architects Act 2004\namended\n3. Act amended 3\n4. Section 4 amended 3\n5. Part 2 heading amended 3\n6. Section 5 amended 4\n7. Section 10 amended 4\n8. Section 12 amended 4\n9. Section 14 amended 6\n10. Section 15 amended 6\n11. Section 16 amended 6\n12. Section 29 amended 7\n13. Section 33 amended 7\n14. Section 35 amended 8\n15. Section 36 amended 8\n16. Section 37 amended 10\n17. Section 41 amended 11\n18. Section 44 amended 12\n19. Section 45 amended 12\n20. Section 51 amended 12\n21. Part 8 heading replaced 13\nPart 8 — Regulations, rules and fee notices\n22. Section 71 amended 13\n23. Section 72A inserted 14\n72A. Fee notices 14\n\nArchitects Amendment Bill 2025\nContents\npage ii\n24. Section 73A inserted 15\n73A. Giving notices electronically 15\n25. Section 78 amended 15\n26. Section 79 inserted 15\n79. Savings and transitional provisions 15\n27. Schedule 1 amended 16\n28. Schedule 2 amended 16\nDivision 1 — Provisions for Architects Act 2004\nDivision 2 — Provisions for Architects Amendment\nAct 2025\n12. Change of name of Board 17\n13. Transitional regulations 17\n29. Various references to “is to”, “are to” and “is not\nto” replaced 18\nPart 3 — Consequential amendments\n30. Building Services (Complaint Resolution and\nAdministration) Act 2011 amended 21\n31. Constitution Acts Amendment Act 1899 amended 21\n32. Sentencing Act 1995 amended 21\n\npage 1\nWestern Australia\nLEGISLATIVE COUNCIL\nArchitects Amendment Bill 2025\nA Bill for\nAn Act to amend the Architects Act 2004 and to make consequential\namendments to various written laws.\nThe Parliament of Western Australia enacts as follows:\n\nArchitects Amendment Bill 2025\nPart 1 Preliminary\ns. 1\npage 2\nPart 1 — Preliminary1\n1. Short title2\nThis is the Architects Amendment Act 2025.3\n2. Commencement4\nThis Act comes into operation as follows —5\n(a) Part 1 — on the day on which this Act receives the6\nRoyal Assent;7\n(b) the rest of the Act — on a day fixed by proclamation.8\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 3\npage 3\nPart 2 — Architects Act 2004 amended1\n3. Act amended2\nThis Part amends the Architects Act 2004.3\n4. Section 4 amended4\n(1) In section 4(1) insert in alphabetical order:5\n6\nauthorised person, in relation to an investigation under7\nsection 12, means —8\n(a) the Board; and9\n(b) a person appointed as an investigator under10\nsection 12(3);11\nfee means a fee of an amount determined by the Board12\nunder section 72A(1);13\n14\n(2) In section 4(1) in the definition of Board after “Architects”15\ninsert:16\n17\nRegistration18\n19\n5. Part 2 heading amended20\nIn the heading to Part 2 after “Architects” insert:21\n22\nRegistration23\n24\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 6\npage 4\n6. Section 5 amended1\nIn section 5(1) after “Architects” insert:2\n3\nRegistration4\n5\n7. Section 10 amended6\nAfter section 10(d) insert:7\n8\n(da) to determine the amounts of fees under9\nsection 72A;10\n11\n8. Section 12 amended12\n(1) In section 12(1) delete “may” and insert:13\n14\nmay, on receiving a complaint or on the Board’s own initiative,15\n16\n(2) In section 12(4):17\n(a) delete “The investigator may —” and insert:18\n19\nAn authorised person may, for the purposes of an20\ninvestigation —21\n22\n(b) in paragraph (a)(i) delete “investigator” (each23\noccurrence) and insert:24\n25\nauthorised person26\n27\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 8\npage 5\n(c) in paragraph (b) delete “investigator; and” and insert:1\n2\nauthorised person; and3\n4\n(d) in paragraph (c) delete “enter” and insert:5\n6\nif the authorised person is an investigator — enter7\n8\n(3) In section 12(5)(c)(iv) delete “investigator” and insert:9\n10\nauthorised person11\n12\n(4) In section 12(7) delete “investigator” (each occurrence) and13\ninsert:14\n15\nauthorised person16\n17\n(5) In section 12(8) delete “is to state that he or she” and insert:18\n19\nmust state that the person20\n21\n(6) In section 12(9)(b) delete “he or she is” and insert:22\n23\nthey are24\n25\nNote: The heading to amended section 12 is to read:26\nInvestigations27\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 9\npage 6\n9. Section 14 amended1\nIn section 14(2) delete “investigator” (each occurrence) and2\ninsert:3\n4\nauthorised person5\n6\n10. Section 15 amended7\nIn section 15 delete “investigator in the exercise of his or her”8\nand insert:9\n10\nauthorised person in the exercise of their11\n12\nNote: The heading to amended section 15 is to read:13\nObstructing authorised persons14\n11. Section 16 amended15\n(1) In section 16(1):16\n(a) delete “The” and insert:17\n18\nSubject to subsection (6), the19\n20\n(b) in paragraph (c) delete “Registrar” and insert:21\n22\nregistrar23\n24\n(2) Delete section 16(6) and insert:25\n26\n(6) This section does not apply to —27\n(a) the determination of fee amounts under28\nsection 72A; or29\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 12\npage 7\n(b) the execution of documents.1\nNote for this subsection:2\nAuthority to execute documents on behalf of the Board can3\nbe given under section 23.4\n5\n12. Section 29 amended6\nIn section 29 delete “A natural person is to be registered” and7\ninsert:8\n9\nThe Board must register a natural person10\n11\n13. Section 33 amended12\n(1) In section 33(1):13\n(a) delete paragraph (a) and insert:14\n15\n(a) made in accordance with the regulations; and16\n17\n(b) in paragraph (b)(i) delete “fee prescribed by the18\nregulations in relation to the applicant; and” and insert:19\n20\nfee; and21\n22\n(c) in paragraph (b)(ii) delete “(whichever is relevant)23\nprescribed by the regulations in relation to the24\napplicant.” and insert:25\n26\n(as is relevant).27\n28\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 14\npage 8\n(2) In section 33(4)(b) delete “fees or disbursements” and insert:1\n2\ncosts3\n4\n14. Section 35 amended5\nIn section 35:6\n(a) delete “31 December in the year in” and insert:7\n8\nthe next 30 June following the day on9\n10\n(b) delete “for a longer period” and insert:11\n12\nuntil a later date13\n14\n15. Section 36 amended15\n(1) Delete section 36(1) and insert:16\n17\n(1) A registered person or a licensed corporation may18\napply to the Board in accordance with the regulations19\nto renew their registration or licence until the next20\n30 June following the day on which it would cease to21\nhave effect, if not renewed, or until a later date that is22\nprescribed by the regulations.23\n24\n(2) In section 36(2):25\n(a) delete “The registration of a person is to be renewed”26\nand insert:27\n28\nOn an application for renewal of a person’s registration,29\nthe Board must renew the registration30\n31\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 15\npage 9\n(b) delete paragraph (b) and insert:1\n2\n(b) the person pays, in accordance with the3\nregulations —4\n(i) the renewal fee; and5\n(ii) if the regulations provide that an6\nadditional fee is payable — the7\nadditional fee.8\n9\n(3) In section 36(3):10\n(a) delete “The licence of a corporation is to be renewed”11\nand insert:12\n13\nOn an application for renewal of a corporation’s licence,14\nthe Board must renew the licence15\n16\n(b) delete paragraph (c) and insert:17\n18\n(c) the corporation pays, in accordance with the19\nregulations —20\n(i) the renewal fee; and21\n(ii) if the regulations provide that an22\nadditional fee is payable — the23\nadditional fee.24\n25\n(4) In section 36(4) delete “The Board” and insert:26\n27\nIn considering an application for renewal, the Board28\n29\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 16\npage 10\n16. Section 37 amended1\n(1) In section 37(1):2\n(a) delete the passage that begins with “A registered” and3\nends with “regulations — ” and insert:4\n5\nIf a registered person or a licensed corporation does not6\nmake a renewal application and pay the applicable fee or7\nfees on or before a day prescribed by the regulations —8\n9\n(b) in paragraph (b) delete “may” and insert:10\n11\nmust12\n13\n(2) Delete section 37(2) and insert:14\n15\n(2) A person or corporation whose name is removed from16\nthe register under subsection (1) may apply to the17\nBoard in accordance with the regulations to have the18\nname of the person or corporation restored to the19\nregister.20\n(2A) On an application under subsection (2), the Board may21\ndirect the registrar to restore the name of the person or22\ncorporation to the register if —23\n(a) the Board is satisfied as to the matters set out in24\nsection 36(2)(a) or (3)(a) and (b) (as is25\nrelevant); and26\n(b) the person or corporation pays —27\n(i) all fees that are in arrears; and28\n(ii) all fees that would be in arrears if the29\nperson had continued to be registered or30\nthe corporation had continued to be31\nlicensed; and32\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 17\npage 11\n(iii) if the regulations provide that an1\nadditional fee is payable — the2\nadditional fee.3\n4\n(3) In section 37(3) delete “(2)” and insert:5\n6\n(2A)7\n8\n(4) In section 37(4) delete “is to send to the address of a registered9\nperson or licenced corporation recorded in the register,” and10\ninsert:11\n12\nmust give a registered person or licensed corporation,13\n14\n(5) In section 37(5) delete “in arrear,” and insert:15\n16\nin arrears,17\n18\nNote: The heading to amended section 37 is to read:19\nNon-renewal of registrations and licences20\n17. Section 41 amended21\nIn section 41(1) after “registered” insert:22\n23\nor licensed24\n25\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 18\npage 12\n18. Section 44 amended1\n(1) In section 44(2) delete “the fee prescribed by the regulations,”2\nand insert:3\n4\nthe applicable fee,5\n6\n(2) In section 44(3)(b) delete “for the” (1st occurrence).7\n19. Section 45 amended8\nIn section 45 delete “the fee prescribed by the regulations, is to”9\nand insert:10\n11\nthe applicable fee, must12\n13\n20. Section 51 amended14\n(1) In section 51(2) delete “the fee prescribed by the regulations”15\nand insert:16\n17\nthe applicable fee18\n19\n(2) In section 51(5) delete “the fee prescribed by the regulations for20\nthe purposes of this subsection.” and insert:21\n22\nthe applicable fee.23\n24\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 21\npage 13\n21. Part 8 heading replaced1\nDelete the heading to Part 8 and insert:2\n3\nPart 8 — Regulations, rules and fee notices4\n5\n22. Section 71 amended6\n(1) In section 71(2):7\n(a) delete paragraph (c) and insert:8\n9\n(c) making provision relating to registration,10\nlicences and renewals, including the11\nfollowing —12\n(i) the obtaining of the Board’s preliminary13\nadvice or direction in relation to a14\nproposed application and for the15\nrecovery of the Board’s costs in relation16\nto giving the advice or direction;17\n(ii) the date in each year by which a renewal18\napplication may be made;19\n(iii) the date in each year by which the20\nrenewal fee must be paid;21\n(iv) the circumstances in which, and22\nconditions on which, a renewal23\napplication may be made, or the renewal24\nfee may be paid, after the due date,25\nincluding a condition requiring the26\npayment of an additional renewal fee;27\n28\n(b) in paragraph (f) delete “provisions” and insert:29\n30\nprovision31\n32\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 23\npage 14\n(c) in paragraph (j) delete “prescribing the fees to be paid1\nfor the purposes of this Act” and insert:2\n3\nproviding for fees to be paid for the purposes of this Act4\nand prescribing the circumstances in which they are5\npayable6\n7\n(2) After section 71(2) insert:8\n9\n(2A) Regulations cannot prescribe the amounts of the fees10\nfor which this Act or the regulations provide.11\n12\n23. Section 72A inserted13\nAt the end of Part 8 insert:14\n15\n72A. Fee notices16\n(1) The Board must, by written notice published on a17\nwebsite maintained by or on behalf of the Board,18\ndetermine the amounts of the fees for which this Act or19\nthe regulations provide.20\n(2) In determining the amounts of fees under21\nsubsection (1), the Board must ensure that the fees22\nexpected to be received by the Board do not exceed the23\ncosts and expenses expected to be incurred by the24\nBoard in performing its functions.25\n(3) A notice under this section is not subsidiary legislation26\nfor the purposes of the Interpretation Act 1984.27\n(4) The Interpretation Act 1984 section 43 (other than28\nsubsection (6)) applies to a notice under this section as29\nif it were subsidiary legislation.30\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 24\npage 15\n(5) This section does not permit the Board to require the1\npayment of a fee not provided for in this Act or the2\nregulations.3\n4\n24. Section 73A inserted5\nAfter section 73 insert:6\n7\n73A. Giving notices electronically8\nWithout limiting the Interpretation Act 19849\nsections 75 and 76, a notice required or permitted10\nunder this Act to be given by the Board to a person11\nmay be given by emailing it to an email address12\nprovided by the person.13\n14\n25. Section 78 amended15\nDelete section 78(3).16\nNote: The heading to amended section 78 is to read:17\nRepeal of Architects Act 192118\n26. Section 79 inserted19\nAfter section 78 insert:20\n21\n79. Savings and transitional provisions22\n(1) Schedule 2 Division 1 has effect in relation to the23\nrepeal effected by section 78(1).24\n(2) Schedule 2 Division 2 has effect in relation to the25\namendments made by the Architects Amendment26\nAct 2025.27\n28\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 27\npage 16\n27. Schedule 1 amended1\n(1) In Schedule 1 clause 4(4) delete “is to perform” and insert:2\n3\nperforms4\n5\n(2) In Schedule 1 clause 6(2) and (3) delete “is to act” and insert:6\n7\nacts8\n9\n28. Schedule 2 amended10\n(1) Delete the reference after the heading to Schedule 2 and insert:11\n12\n[s. 79]13\n14\n(2) At the beginning of Schedule 2 insert:15\n16\nDivision 1 — Provisions for Architects Act 200417\n18\n(3) In Schedule 2 clause 1 delete “this Schedule — ” and insert:19\n20\nthis Division —21\n22\n(4) In Schedule 2 clauses 2 and 11 delete “this Schedule” and insert:23\n24\nthis Division25\n26\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 28\npage 17\n(5) At the end of Schedule 2 insert:1\n2\nDivision 2 — Provisions for Architects Amendment Act 20253\n12. Change of name of Board4\n(1) In this clause —5\ncommencement day means the day on which the Architects6\nAmendment Act 2025 section 6 comes into operation.7\n(2) The change of name of the Board effected by the Architects8\nAmendment Act 2025 section 6 does not —9\n(a) affect the identity or continuity of the Board; or10\n(b) affect the property, rights or liabilities of the Board;11\nor12\n(c) make any legal proceedings by or against the Board13\ndefective.14\n(3) On and after commencement day, any legal proceedings that15\ncould have been continued or commenced by or against the16\nBoard in its former name may be continued or commenced17\nby or against the Board in its new name.18\n13. Transitional regulations19\n(1) In this clause —20\nspecified means specified or described in transitional21\nregulations;22\ntransitional matter means a matter or issue of a transitional,23\nsavings or application nature.24\n(2) Regulations may prescribe anything required, necessary or25\nconvenient to be prescribed in relation to a transitional26\nmatter in connection with the enactment of, or any27\namendment made by, the Architects Amendment Act 2025.28\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 29\npage 18\n(3) Without limiting subclause (2), transitional regulations may1\nprovide for specified provisions of this Act or another2\nwritten law —3\n(a) not to apply to, or in relation to, a specified matter4\nor thing; or5\n(b) to apply with specified modifications to, or in6\nrelation to, a specified matter or thing.7\n8\n29. Various references to “is to”, “are to” and “is not to”9\nreplaced10\nAmend the provisions listed in the Table as set out in the Table.11\nTable12\nProvision Delete Insert\ns. 7(2), (3) and (4)\ns. 12(5), (6), (7)\nand (9)\ns. 17(1)\ns. 20(1), (4), (6) and\n(7)\ns. 21(3)\ns. 23(3)\ns. 26(1)\ns. 28(1), (2), (4) and\n(5)\ns. 33(1), (2) and (5)\ns. 38(1), (3) and (4)\ns. 39(1), (3) and (4)\ns. 40(4)\nis to\n(each occurrence)\nmust\n\nArchitects Amendment Bill 2025\nArchitects Act 2004 amended Part 2\ns. 29\npage 19\nProvision Delete Insert\ns. 42(1) and (2)\ns. 43(1) and (3)\ns. 44(1)\ns. 46\ns. 47(2)\ns. 48(1) and (2)\ns. 51(2) and (5)\ns. 59(2)\ns. 61(1)\ns. 62(2)\ns. 71(2)(i)\ns. 81(1) and (2)\ns. 7(1)\ns. 26(2)\ns. 27\ns. 75(2)\nare to\n(each occurrence)\nmust\ns. 12(2)\ns. 47(3)\ns. 59(7)\nis not to must not\nSch. 1 cl. 2\nSch. 1 cl. 9(1)\nSch. 1 cl. 13\nSch. 1 cl. 18(2)\nis to must\n\nArchitects Amendment Bill 2025\nPart 2 Architects Act 2004 amended\ns. 29\npage 20\nProvision Delete Insert\nSch. 1 cl. 6(2) and\n(3)\nis to\n(2nd occurrence)\nmust\nSch. 1 cl. 7 is to can\nSch. 1 cl. 4(1)\nSch. 1 cl. 9(2)\nare to must\n\nArchitects Amendment Bill 2025\nConsequential amendments Part 3\ns. 30\npage 21\nPart 3 — Consequential amendments1\n30. Building Services (Complaint Resolution and Administration)2\nAct 2011 amended3\n(1) This section amends the Building Services (Complaint4\nResolution and Administration) Act 2011.5\n(2) In section 3 in the definition of vocational regulatory body6\nparagraph (a) before “Board” insert:7\n8\nRegistration9\n10\n31. Constitution Acts Amendment Act 1899 amended11\n(1) This section amends the Constitution Acts Amendment Act 1899.12\n(2) In Schedule V Part 3 in the item relating to The Architects13\nBoard of Western Australia before “Board” insert:14\n15\nRegistration16\n17\n32. Sentencing Act 1995 amended18\n(1) This section amends the Sentencing Act 1995.19\n(2) In Schedule 1 in the item relating to the Architects Act 200420\nbefore “Board” insert:21\n22\nRegistration23\n24","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Bill stays within the original regulatory scope of the Architects Act 2004: it updates governance, fee-setting procedure, investigative practice and administrative mechanics rather than creating new substantive regulatory powers over architectural practice. The operation of investigations is broadened to permit Board‑initiated inquiries (s.12(1)), and fee-setting is moved from regulations to Board notices (s.72A), which changes administrative control but not the statutory remit to regulate registration, licensing and conduct. These are operational reallocations of decision-making and timing rather than an expansion of the Act’s core subject matter."},"complexity_factors":["Amendments across many provisions (around 30 sections amended) creating wide-reaching drafting changes","Insertion of new fee mechanism (new s.72A) that removes amounts from regulations but reintroduces administrative notices with partial Interpretation Act treatment","Multiple new definitions and renaming (e.g. ‘authorised person’, addition of ‘Registration’ into Board name), with consequential updates across the Act and related legislation (Building Services Act, Constitution Acts Amendment, Sentencing Act)","Substantial changes to renewal/expiry mechanics (alignment to next 30 June), restoration rules and arrears calculations (ss.35–37)","Replacement of terms like ‘is to’/‘are to’ with ‘must’ across many provisions — increases strictness and requires careful cross-checking of obligations (see s.29 and multiple clauses)","Investigation powers reworked — changes in who can exercise powers and when entry powers apply (s.12) introduce conditional logic and new limits","Transitional and savings provisions (Schedule 2 Divisions 1 & 2 and s.79) permit regulations to modify application — adds future discretionary complexity via delegated regulations","Interpretation Act s.43 is applied to fee notices except subsection (6) — partial application of procedural rules creates nuanced statutory interaction"],"plain_english_summary":"**What this Bill changes, mechanically**\n\n- Renames and re-labels parts of the Architects Act 2004 to include the word “Registration” in the Board’s title and in related references (e.g. the Board becomes the Architects Registration Board) (see s.4(2), s.6 and Schedule 2 Division 2). \n- Introduces a new defined term “authorised person” for investigations to mean the Board itself or a person the Board appoints as an investigator; and introduces a defined term “fee” to mean amounts determined by the Board under the new fee-notice procedure (s.4(1)).\n- Clarifies investigation powers and who may exercise them by replacing references to “investigator” with the broader “authorised person”, and by specifying that powers to enter premises apply only when the authorised person is an investigator (s.12 and related amendments). The Board may open investigations on receipt of a complaint or on its own initiative (s.12(1)).\n- Reworks renewal and registration timing: renewals are aligned to the next 30 June after expiry (unless regulations prescribe a later date), sets out required payments on renewal, and creates a clearer restoration route for names removed from the register (ss.35–37).\n- Moves fee-setting out of the regulations and gives the Board responsibility to determine fee amounts by written notice published on the Board’s website (new s.72A). Regulations may still provide for which fees are payable and when, but cannot set the dollar amounts (s.71(2A) and s.71(2)(j)).\n- Adds procedural rules for giving notices electronically by email (new s.73A).\n- Provides transitional and savings rules for the name change and other amendments (s.79, Schedule 2 Divisions 1 & 2).\n- Makes assorted drafting modernisations: replaces multiple occurrences of terms like “is to”/“are to”/“is not to” with “must”/“must not”, changes gendered language to neutral pronouns, and updates other minor wording across the Act.\n\n**What the Bill claims it does (official rationale) and how it operates**\n\n- The Bill centralises responsibility for setting fee amounts with the Board and requires the Board to ensure fee revenue does not exceed expected costs of performing its functions (new s.72A(1)–(2)). The regulations will continue to define which fees are payable and timing, but not the amounts (s.71(2A)). The Board must publish fee amounts on its website (s.72A(1)).\n- It modernises administration: enables electronic service by email (s.73A), aligns registration/renewal dates to the financial-year mid‑year (ss.35–36), and clarifies investigative and enforcement roles by using the “authorised person” label throughout.\n\n**Who is affected and who pays**\n\n- Registered architects, applicants, and licensed architectural corporations: they remain the primary parties paying registration, renewal and other statutory fees. The Bill changes how and when they will be asked to pay (regulations set liability, Board sets amounts) (ss.33, 36, 72A).\n- The Board gains a formal role in setting fee levels (s.72A) and in initiating investigations without a complaint (s.12(1)).\n- Consumers and third parties are indirectly affected if fees and administrative timing change the cost or availability of registration services.\n\n**Why it matters (practical effects, incentives, trade-offs)**\n\n- Fee-setting: the Board will decide dollar amounts and publish them on its website rather than those amounts being prescribed in regulations (s.72A). That speeds fee changes and reduces the need for regulation amendments, but reduces parliamentary scrutiny of specific dollar figures because those amounts are not set in regulations. The Bill mitigates that by applying most of the Interpretation Act s.43 rules to the Board’s notices (s.72A(4)), so certain procedural obligations (e.g. publication and tabling) will apply, although subsection (6) of s.43 is explicitly excluded (s.72A(3)–(4)).\n- Cost recovery constraint: the Board must ensure fee revenue does not exceed expected costs of performing its functions (s.72A(2)). That creates a formal cost-recovery objective, but in practice relies on the Board’s forecasting; forecasting errors create the risk of future adjustments, disputes, or the need for rebates/credits if revenue overshoots.\n- Administrative flexibility vs. accountability: transferring numeric fee-setting to the Board allows quicker responses to changing costs (implementation benefit), but concentrates a budgetary decision in an administrative body. The explicit requirement that fees not exceed expected costs limits profit-seeking, but gives the Board discretion over cost allocation between fee types and cohorts (e.g. higher renewal vs. application fees).\n- Investigations: allowing the Board to start investigations on its own initiative (s.12(1)) broadens enforcement triggers compared with complaint-driven only models. That increases regulatory activity potential and may raise compliance costs for registrants who now face Board‑initiated reviews.\n- Renewal timing and restoration: aligning renewals to the next 30 June changes when registrants must renew and could alter how fees cover partial periods; restoring a removed registrant requires payment of arrears plus any additional fee (s.37(2A)). That creates clearer administrative rules but may impose lump-sum costs on individuals who allow lapses.\n\n**Implementation, compliance burden and risks**\n\n- Implementation tasks for the Board: developing cost models, setting and publishing fee notices, updating digital systems for electronic notice/email service, and updating forms and processes to the new renewal dates.\n- Compliance burden for registrants: watching the Board’s website for fee notices, possibly paying pro‑rata or catch-up fees to restore registration, and responding to Board-initiated investigations.\n- Risk drivers: forecasting errors in estimating expected costs; disputes about whether published fees comply with the cost cap; potential perception of reduced parliamentary oversight because fee amounts are not set by regulation.\n\n**Concentrated benefits and potential for unintended effects**\n\n- Concentrated benefit: the Board gains streamlined fee-setting authority and an operational increase in control over investigations. Those are narrow, institution-level benefits.\n- Diffuse costs: all registrants face potential timing and cash‑flow effects from the new renewal timetable and the Board’s fee-setting choices.\n- Unintended effects to monitor: frequency and transparency of fee changes; how the Board allocates costs across fee lines; administrative load from moving many fee decisions onto the Board’s business planning and website publication process.\n\n**Key provisions to watch**\n- New fee notice regime (s.72A) and the limitation in s.71(2A) that regulations cannot prescribe amounts.\n- Expanded investigation trigger (s.12(1)) and the redefinition of who is an authorised person (s.4(1)).\n- Renewal alignment and restoration conditions (ss.35–37).\n\nOverall, the Bill is primarily an administrative and governance redesign: it centralises fee amount setting with the Board under a cost-recovery constraint, updates investigative terminology and initiation powers, modernises service by email, and harmonises renewal timing. These are operational changes that shift certain decision rights and timing burdens to the Board and to registrants."},"summary":{"status_summary":"The Architects Amendment Bill 2025 received royal assent on the date of passage, with Part 1 effective immediately and the remainder to commence on a day fixed by proclamation.","complexity_score":5,"likely_questions":["When will the main provisions of the Architects Amendment Bill 2025 commence?","How will the Board determine fee amounts, and what cap applies?","What is the new deadline for renewing an architectural registration or licence?","Can the Board start an investigation without receiving a complaint?","What does the change from 'is to' to 'must' mean in practice for registered architects and the Board?"],"complexity_factors":["Introduces a new fee-setting mechanism via Board notice rather than regulations, with a cost-recovery cap and exemption from being subsidiary legislation.","Changes renewal timelines from a fixed calendar date to a moving date (next 30 June) with regulatory flexibility.","Expands investigation powers by allowing the Board to act on its own initiative and redefining who may exercise those powers.","Systematically replaces permissive language with mandatory language across many sections, altering legal duties without changing underlying policy objectives.","Creates transitional provisions including regulation-making power to modify application of the Act during the transition."],"plain_english_summary":"The Bill renames the Architects Board to the Architects Registration Board across four Acts while preserving its legal identity and continuity. It shifts fee-setting from regulations to the Board (publishable fee notices, cost-recovery constraint), moves renewal dates to the next 30 June, tightens renewal and restoration rules, and permits electronic notices.\n\nIt expands investigatory powers (including own-initiative probes and new “authorised person” roles) and makes many obligations mandatory by replacing “is to/are to” with “must,” plus transitional regulation-making for implementation."}},"importantCases":[],"_links":{"self":"/api/acts/architects-amendment-bill-2025","history":"/api/acts/architects-amendment-bill-2025/history","analysis":"/api/acts/architects-amendment-bill-2025/analysis","conflicts":"/api/acts/architects-amendment-bill-2025/conflicts","importantCases":"/api/acts/architects-amendment-bill-2025/important-cases","documents":"/api/acts/architects-amendment-bill-2025/documents"}}