{"id":"qld:act-2002-054","name":"Professional Engineers Act 2002","slug":"professional-engineers-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"54 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":65999,"registerId":"qld-act-2002-054-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 Professional Engineers 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 150 ;\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 150 ; 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 150 ;\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 professional engineering services are provided by a registered professional engineer in a professional and competent way; and\nto maintain public confidence in the standard of services provided by registered professional engineers; and\nto uphold the standards of practice of registered professional engineers.\n- (a) to protect the public by ensuring professional engineering services are provided by a registered professional engineer in a professional and competent way; and\n- (b) to maintain public confidence in the standard of services provided by registered professional engineers; and\n- (c) to uphold the standards of practice of registered professional engineers.","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 registered professional engineers under this Act; and\nproviding for the monitoring and enforcement of compliance with this Act; and\nimposing obligations on persons about the practice of engineering; and\nestablishing the Board of Professional Engineers of Queensland.\n- (a) providing for the registration of individuals as registered professional engineers 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 engineering; and\n- (d) establishing the Board of Professional Engineers 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":"sec.6A","sectionType":"section","heading":"Extraterritorial application of Act","content":"### sec.6A Extraterritorial application of Act\n\nThis Act applies both within and outside Queensland.\nThis Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.\ns 6A ins 2014 No. 56 s 4\n(sec.6A-ssec.1) This Act applies both within and outside Queensland.\n(sec.6A-ssec.2) This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.","sortOrder":10},{"sectionNumber":"pt.1-div.4","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":11},{"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":12},{"sectionNumber":"sec.7A","sectionType":"section","heading":"Areas of engineering","content":"### sec.7A Areas of engineering\n\nThe areas of engineering for this Act are the areas of engineering for which—\nthere is an assessment scheme; or\nqualifications and competencies are prescribed under section 10 (1) (b) .\nThe board must publish the areas of engineering on its website.\ns 7A ins 2008 No. 14 s 23\namd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.7A-ssec.1) The areas of engineering for this Act are the areas of engineering for which— there is an assessment scheme; or qualifications and competencies are prescribed under section 10 (1) (b) .\n(sec.7A-ssec.2) The board must publish the areas of engineering on its website.\n- (a) there is an assessment scheme; or\n- (b) qualifications and competencies are prescribed under section 10 (1) (b) .","sortOrder":13},{"sectionNumber":"pt.2","sectionType":"part","heading":"Registration of professional engineers","content":"# Registration of professional engineers","sortOrder":14},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":15},{"sectionNumber":"sec.7B","sectionType":"section","heading":"Types of registration as a professional engineer","content":"### sec.7B Types of registration as a professional engineer\n\nThe types of registration as a professional engineer under this Act are registration as a practising professional engineer or a non-practising professional engineer.\ns 7B ins 2014 No. 56 s 5","sortOrder":16},{"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 a registered professional engineer for an area of engineering.\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;\nif there is an assessment scheme approved for the area of engineering the applicant is applying to be registered in—the assessment entity’s assessment of the applicant against the qualifications and competencies provided for under the scheme;\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 a registered professional engineer.\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 2008 No. 14 s 24 ; 2014 No. 56 s 6\n(sec.8-ssec.1) Only an individual may apply to the board for registration as a registered professional engineer for an area of engineering.\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; if there is an assessment scheme approved for the area of engineering the applicant is applying to be registered in—the assessment entity’s assessment of the applicant against the qualifications and competencies provided for under the scheme; 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 a registered professional engineer.\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) if there is an assessment scheme approved for the area of engineering the applicant is applying to be registered in—the assessment entity’s assessment of the applicant against the qualifications and competencies provided for under the scheme; (iii) any other documents, identified in the approved form, the board reasonably requires to decide the application; (iv) the application fee and registration fee prescribed under a regulation.\n- (i) satisfactory evidence of the applicant’s eligibility for registration;\n- (ii) if there is an assessment scheme approved for the area of engineering the applicant is applying to be registered in—the assessment entity’s assessment of the applicant against the qualifications and competencies provided for under the scheme;\n- (iii) any other documents, identified in the approved form, the board reasonably requires to decide the application;\n- (iv) the application fee and registration fee prescribed under a regulation.\n- (i) satisfactory evidence of the applicant’s eligibility for registration;\n- (ii) if there is an assessment scheme approved for the area of engineering the applicant is applying to be registered in—the assessment entity’s assessment of the applicant against the qualifications and competencies provided for under the scheme;\n- (iii) any other documents, identified in the approved form, the board reasonably requires to decide the application;\n- (iv) the application fee and registration fee prescribed under a regulation.","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Eligibility for registration","content":"## Eligibility for registration","sortOrder":18},{"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 a registered professional engineer.\nAlso, an applicant for registration as a non-practising professional engineer is eligible for registration only if the board is satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering services within the registration period to which the application for registration relates.\ns 9 amd 2014 No. 56 s 7\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 a registered professional engineer.\n(sec.9-ssec.2) Also, an applicant for registration as a non-practising professional engineer is eligible for registration only if the board is satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering 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 a registered professional engineer.","sortOrder":19},{"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 in an area of engineering if the applicant has the qualifications and competencies—\nif there is an assessment scheme for the area of engineering—provided for under the assessment scheme; or\notherwise—prescribed under a regulation for the area of engineering.\nThe competencies mentioned in subsection (1) —\nmay relate to the practice of engineering in the area of engineering; and\nmay include requirements about the following for the area of engineering—\nthe nature, extent and period of practice of engineering by the applicant;\nthe nature and extent of any research, study or teaching, relating to engineering, undertaken by the applicant;\nthe nature and extent of any administrative work, relating to engineering, performed by the applicant.\ns 10 amd 2008 No. 14 s 25\n(sec.10-ssec.1) An applicant for registration is qualified for registration in an area of engineering if the applicant has the qualifications and competencies— if there is an assessment scheme for the area of engineering—provided for under the assessment scheme; or otherwise—prescribed under a regulation for the area of engineering.\n(sec.10-ssec.2) The competencies mentioned in subsection (1) — may relate to the practice of engineering in the area of engineering; and may include requirements about the following for the area of engineering— the nature, extent and period of practice of engineering by the applicant; the nature and extent of any research, study or teaching, relating to engineering, undertaken by the applicant; the nature and extent of any administrative work, relating to engineering, performed by the applicant.\n- (a) if there is an assessment scheme for the area of engineering—provided for under the assessment scheme; or\n- (b) otherwise—prescribed under a regulation for the area of engineering.\n- (a) may relate to the practice of engineering in the area of engineering; and\n- (b) may include requirements about the following for the area of engineering— (i) the nature, extent and period of practice of engineering by the applicant; (ii) the nature and extent of any research, study or teaching, relating to engineering, undertaken by the applicant; (iii) the nature and extent of any administrative work, relating to engineering, performed by the applicant.\n- (i) the nature, extent and period of practice of engineering by the applicant;\n- (ii) the nature and extent of any research, study or teaching, relating to engineering, undertaken by the applicant;\n- (iii) the nature and extent of any administrative work, relating to engineering, performed by the applicant.\n- (i) the nature, extent and period of practice of engineering by the applicant;\n- (ii) the nature and extent of any research, study or teaching, relating to engineering, undertaken by the applicant;\n- (iii) the nature and extent of any administrative work, relating to engineering, performed by the applicant.","sortOrder":20},{"sectionNumber":"sec.11","sectionType":"section","heading":"Fitness to practise as a registered professional engineer","content":"### sec.11 Fitness to practise as a registered professional engineer\n\nIn deciding whether an applicant for registration is fit to practise as a registered professional engineer, 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 engineering, 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 a professional engineer 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 professional engineers, 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 131 or 132 of this Act or section 60 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 a professional engineer;\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 a registered professional engineer, including, for example, the applicant’s mental or physical health.\ns 11 amd 2008 No. 14 s 26 ; 2020 No. 24 s 86\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 engineering, 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 engineering, 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 a professional engineer 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 professional engineers, 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 131 or 132 of this Act or section 60 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 a professional engineer;\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 a registered professional engineer, 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 engineering, 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":21},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Decision on applications for registration","content":"## Decision on applications for registration","sortOrder":22},{"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.\nIn deciding the application, the board must have regard to the assessment of an assessment entity, if any, given to the board by the applicant under section 8 (2) (b) (ii) .\ns 12 amd 2008 No. 14 s 27\n(sec.12-ssec.1) The 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— the board receives the application; the board receives all necessary information to decide the application.\n(sec.12-ssec.2) In deciding the application, the board must have regard to the assessment of an assessment entity, if any, given to the board by the applicant under section 8 (2) (b) (ii) .\n- (a) the board receives the application;\n- (b) the board receives all necessary information to decide the application.","sortOrder":23},{"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—\nregister the applicant as a registered professional engineer in 1 or more of the areas of engineering for which the applicant is qualified for registration; and\ngive the applicant a certificate of registration.\nThe board may, in granting the application, decide to impose conditions on the applicant’s registration that are reasonable and relevant.\nIf the board decides to impose conditions on the applicant’s registration, the board must as soon as practicable give the applicant an information notice about the decision.\nIn deciding the areas of engineering for which an applicant may be registered, the board must have regard to the applicant’s qualifications and competencies in the practice of engineering.\ns 13 amd 2008 No. 14 s 28\n(sec.13-ssec.1) If the board decides to grant the application, it must as soon as practicable— register the applicant as a registered professional engineer in 1 or more of the areas of engineering for which the applicant is qualified for registration; and give the applicant a certificate of registration.\n(sec.13-ssec.2) The board may, in granting the application, decide to impose conditions on the applicant’s registration that are reasonable and relevant.\n(sec.13-ssec.3) If the board decides to impose conditions on the applicant’s registration, the board must as soon as practicable give the applicant an information notice about the decision.\n(sec.13-ssec.4) In deciding the areas of engineering for which an applicant may be registered, the board must have regard to the applicant’s qualifications and competencies in the practice of engineering.\n- (a) register the applicant as a registered professional engineer in 1 or more of the areas of engineering for which the applicant is qualified for registration; and\n- (b) give the applicant a certificate of registration.","sortOrder":24},{"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":25},{"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 a registered professional engineer (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 a registered professional engineer (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":26},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Renewal and restoration of registrations","content":"## Renewal and restoration of registrations","sortOrder":27},{"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 that, if satisfied, demonstrate that an applicant for renewal or restoration of registration has maintained competency in the practice of engineering in the area of engineering for which the applicant is, or was, registered.\nThe requirements may include requirements about the following for an area of engineering—\nthe nature, extent and period of practice of engineering 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 engineering, to be undertaken by the applicant;\nthe nature and extent of administrative work, relating to engineering, to be performed by the applicant.\nThe requirements are met by—\nif the applicant is registered with an assessment entity for participation in the continuing registration requirements of an assessment scheme conducted by the entity—complying with the continuing registration requirements of the assessment scheme; or\notherwise—complying with the board’s continuing registration requirements for the area of engineering for which the applicant is, or was, registered.\nAn assessment entity must—\nkeep published the continuing registration requirements of each of the entity’s assessment schemes on the entity’s website; and\nensure the continuing registration requirements of each of the entity’s assessment schemes are readily available to any registered professional engineer on request.\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 2008 No. 14 s 29\namd 2020 No. 24 s 153 s ch 1 pt 1 ; 2022 No. 11 s 49\n(sec.16-ssec.1) Continuing registration requirements are requirements that, if satisfied, demonstrate that an applicant for renewal or restoration of registration has maintained competency in the practice of engineering in the area of engineering for which the applicant is, or was, registered.\n(sec.16-ssec.2) The requirements may include requirements about the following for an area of engineering— the nature, extent and period of practice of engineering 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 engineering, to be undertaken by the applicant; the nature and extent of administrative work, relating to engineering, to be performed by the applicant.\n(sec.16-ssec.3) The requirements are met by— if the applicant is registered with an assessment entity for participation in the continuing registration requirements of an assessment scheme conducted by the entity—complying with the continuing registration requirements of the assessment scheme; or otherwise—complying with the board’s continuing registration requirements for the area of engineering for which the applicant is, or was, registered.\n(sec.16-ssec.4) An assessment entity must— keep published the continuing registration requirements of each of the entity’s assessment schemes on the entity’s website; and ensure the continuing registration requirements of each of the entity’s assessment schemes are readily available to any registered professional engineer on request.\n(sec.16-ssec.5) 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 engineering 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 engineering, to be undertaken by the applicant;\n- (d) the nature and extent of administrative work, relating to engineering, to be performed by the applicant.\n- (a) if the applicant is registered with an assessment entity for participation in the continuing registration requirements of an assessment scheme conducted by the entity—complying with the continuing registration requirements of the assessment scheme; or\n- (b) otherwise—complying with the board’s continuing registration requirements for the area of engineering for which the applicant is, or was, registered.\n- (a) keep published the continuing registration requirements of each of the entity’s assessment schemes on the entity’s website; and\n- (b) ensure the continuing registration requirements of each of the entity’s assessment schemes are readily available to any registered professional engineer on request.\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":28},{"sectionNumber":"sec.17","sectionType":"section","heading":"Notification of expiry of registration","content":"### sec.17 Notification of expiry of registration\n\nThe board must give a registered professional engineer notice of the expiry of the engineer’s registration at least 3 months before the expiry.","sortOrder":29},{"sectionNumber":"sec.18","sectionType":"section","heading":"Applying for renewal","content":"### sec.18 Applying for renewal\n\nA registered professional engineer may apply to the board for renewal of the professional engineer’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—\nthe 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 a registered professional engineer.\nThe registered professional engineer also must provide any other relevant information reasonably required by the board to decide the application.\ns 18 amd 2008 No. 14 s 30\n(sec.18-ssec.1) A registered professional engineer may apply to the board for renewal of the professional engineer’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— the 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 a registered professional engineer.\n(sec.18-ssec.6) The registered professional engineer 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) the documents, identified in the approved form, the board reasonably requires to decide the application; (ii) the annual registration fee.\n- (i) the documents, identified in the approved form, the board reasonably requires to decide the application;\n- (ii) the annual registration fee.\n- (i) the documents, identified in the approved form, the board reasonably requires to decide the application;\n- (ii) the annual registration fee.","sortOrder":30},{"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":31},{"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 a registered professional engineer; 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 professional engineer, the board must be satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering services within the registration period to which the application relates.\nIn considering whether an applicant is fit to practise as a registered professional engineer, 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 a registered professional engineer.\nFor the matters the board may have regard to in deciding if an applicant for registration is fit to practise as a registered professional engineer, see section 11 .\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 2008 No. 14 s 31 ; 2014 No. 56 s 8\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 a registered professional engineer; 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 professional engineer, the board must be satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering 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 a registered professional engineer, 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 a registered professional engineer. For the matters the board may have regard to in deciding if an applicant for registration is fit to practise as a registered professional engineer, see section 11 .\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 a registered professional engineer; and\n- (b) the extent, if any, to which the applicant has satisfied the continuing registration requirements.","sortOrder":32},{"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.\nThe board may, in renewing the applicant’s registration, decide to impose conditions on the applicant’s registration that are reasonable and relevant.\nIf the board decides to impose conditions on the registration, the board must as soon as practicable give the applicant an information notice about the decision.\ns 21 amd 2008 No. 14 s 32\n(sec.21-ssec.1) If the board decides to renew the applicant’s registration, it must as soon as practicable give the applicant a new certificate of registration.\n(sec.21-ssec.2) The board may, in renewing the applicant’s registration, decide to impose conditions on the applicant’s registration that are reasonable and relevant.\n(sec.21-ssec.3) If the board decides to impose conditions on the registration, the board must as soon as practicable give the applicant an information notice about the decision.","sortOrder":33},{"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":34},{"sectionNumber":"sec.23","sectionType":"section","heading":"Applying for restoration","content":"### sec.23 Applying for restoration\n\nIf a person’s registration has expired, the person may, within 2 months after the expiry, apply to the board for restoration of the registration.\nThe application must be—\nin the approved form; and\naccompanied by each of the following—\nthe 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 a registered professional engineer.\nThe applicant also must provide any other relevant information reasonably required by the board to decide the application.\ns 23 amd 2008 No. 14 ss 4 , 33\n(sec.23-ssec.1) If a person’s registration has expired, the person may, within 2 months after the expiry, 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— the 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 a registered professional engineer.\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) the 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) the 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) the 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":35},{"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 a registered professional engineer; 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 professional engineer, the board must be satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering services within the registration period to which the application relates.\nIn considering whether an applicant is fit to practise as a registered professional engineer, 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 a registered professional engineer.\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 2008 No. 14 s 34 ; 2014 No. 56 s 9\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 a registered professional engineer; 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 professional engineer, the board must be satisfied the applicant will not carry out, or be responsible for the carrying out of, professional engineering 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 a registered professional engineer, 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 a registered professional engineer.\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 a registered professional engineer; and\n- (b) the extent, if any, to which the applicant has satisfied the continuing registration requirements.","sortOrder":36},{"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 board may, in restoring the applicant’s registration, decide to impose conditions on the registration that are reasonable and relevant.\nIf the board decides to impose conditions on the applicant’s registration, the board must as soon as practicable give the applicant an information notice about the decision.\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.\ns 25 amd 2008 No. 14 s 35\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 board may, in restoring the applicant’s registration, decide to impose conditions on the registration that are reasonable and relevant.\n(sec.25-ssec.3) If the board decides to impose conditions on the applicant’s registration, the board must as soon as practicable give the applicant an information notice about the decision.\n(sec.25-ssec.4) 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":37},{"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":38},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Lapsing of applications","content":"## Lapsing of applications","sortOrder":39},{"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":40},{"sectionNumber":"pt.2-div.5A","sectionType":"division","heading":"Further conditions imposed on registration","content":"## Further conditions imposed on registration","sortOrder":41},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Imposition of certain conditions on registration","content":"### sec.27A Imposition of certain conditions on registration\n\nThe board may impose the following conditions on a registered professional engineer’s registration—\nif a health assessor recommends, under section 35G (2) (b) , that a condition be imposed on the engineer’s registration—a condition that is reasonable and relevant having regard to the health assessor’s recommendation;\na condition the board decides to impose under section 73 (2) (d) .\nIf the board imposes a condition on a registered professional engineer’s registration under this section, the board must give the engineer—\na notice (the warning notice ) stating that the registered professional engineer must return the engineer’s certificate of registration to the board within 21 days after receiving the notice; and\nan information notice for the decision.\nA condition imposed under this section has effect when the warning notice is given to the registered professional engineer and does not depend on the condition being noted on the engineer’s certificate of registration.\ns 27A ins 2008 No. 14 s 36\namd 2020 No. 24 s 87\n(sec.27A-ssec.1) The board may impose the following conditions on a registered professional engineer’s registration— if a health assessor recommends, under section 35G (2) (b) , that a condition be imposed on the engineer’s registration—a condition that is reasonable and relevant having regard to the health assessor’s recommendation; a condition the board decides to impose under section 73 (2) (d) .\n(sec.27A-ssec.2) If the board imposes a condition on a registered professional engineer’s registration under this section, the board must give the engineer— a notice (the warning notice ) stating that the registered professional engineer must return the engineer’s certificate of registration to the board within 21 days after receiving the notice; and an information notice for the decision.\n(sec.27A-ssec.3) A condition imposed under this section has effect when the warning notice is given to the registered professional engineer and does not depend on the condition being noted on the engineer’s certificate of registration.\n- (a) if a health assessor recommends, under section 35G (2) (b) , that a condition be imposed on the engineer’s registration—a condition that is reasonable and relevant having regard to the health assessor’s recommendation;\n- (b) a condition the board decides to impose under section 73 (2) (d) .\n- (a) a notice (the warning notice ) stating that the registered professional engineer must return the engineer’s certificate of registration to the board within 21 days after receiving the notice; and\n- (b) an information notice for the decision.","sortOrder":42},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Cancellation and immediate suspension of registrations","content":"## Cancellation and immediate suspension of registrations","sortOrder":43},{"sectionNumber":"sec.28","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.28 Grounds for cancellation\n\nThe board may cancel a registered professional engineer’s registration if—\nthe board believes on reasonable grounds the registered professional engineer was registered because of a materially false or misleading representation or document; or\nthe registered professional engineer is—\naffected by bankruptcy action; or\nan executive officer of a corporation affected by control action; or\nthe registered professional engineer’s registration to practise as a professional engineer 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 registered professional engineer’s membership of an association of professional engineers, whether in Australia or a foreign country, has been cancelled under the association’s rules for disciplinary reasons; or\nan order about the registered professional engineer is made under section 131 or 132 ; or\na proceeding is taken against the registered professional engineer for a matter mentioned in section 36 under a law applying in the Commonwealth, another State or a foreign country; or\nthe registered professional engineer is convicted of—\nan indictable offence; or\nan offence against this Act; or\nanother offence, relating to the practice of engineering, against a law applying in the State, the Commonwealth, another State or a foreign country; or\nthe registered professional engineer has contravened a condition of the engineer’s registration; or\nthe registered professional engineer is required to undergo a health assessment and—\nthe engineer does not comply with the requirement; or\nthe engineer does not cooperate with the medical practitioner appointed to perform the assessment; or\na health assessment report for the registered professional engineer states that the engineer is unable to competently and safely practise as an engineer.\ns 28 amd 2008 No. 14 s 38 ; 2020 No. 24 s 88\n- (a) the board believes on reasonable grounds the registered professional engineer was registered because of a materially false or misleading representation or document; or\n- (b) the registered professional engineer 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 registered professional engineer’s registration to practise as a professional engineer 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 registered professional engineer’s membership of an association of professional engineers, 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 registered professional engineer is made under section 131 or 132 ; or\n- (f) a proceeding is taken against the registered professional engineer for a matter mentioned in section 36 under a law applying in the Commonwealth, another State or a foreign country; or\n- (g) the registered professional engineer is convicted of— (i) an indictable offence; or (ii) an offence against this Act; or (iii) another offence, relating to the practice of engineering, 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 engineering, against a law applying in the State, the Commonwealth, another State or a foreign country; or\n- (h) the registered professional engineer has contravened a condition of the engineer’s registration; or\n- (i) the registered professional engineer is required to undergo a health assessment and— (i) the engineer does not comply with the requirement; or (ii) the engineer does not cooperate with the medical practitioner appointed to perform the assessment; or\n- (i) the engineer does not comply with the requirement; or\n- (ii) the engineer does not cooperate with the medical practitioner appointed to perform the assessment; or\n- (j) a health assessment report for the registered professional engineer states that the engineer is unable to competently and safely practise as an engineer.\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 engineering, against a law applying in the State, the Commonwealth, another State or a foreign country; or\n- (i) the engineer does not comply with the requirement; or\n- (ii) the engineer does not cooperate with the medical practitioner appointed to perform the assessment; or","sortOrder":44},{"sectionNumber":"sec.29","sectionType":"section","heading":"Procedure for cancellation","content":"### sec.29 Procedure for cancellation\n\nIf the board proposes to cancel a registered professional engineer’s registration, the board must give the engineer 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 engineer 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 engineer is given the notice.\nThe board may also ask for more information by giving the registered professional engineer 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 engineer’s registration, the board may cancel the registration.\nThe board must, as soon as practicable after making a decision under subsection (3) , give the engineer 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 89\n(sec.29-ssec.1) If the board proposes to cancel a registered professional engineer’s registration, the board must give the engineer 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 engineer 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 engineer is given the notice.\n(sec.29-ssec.3) The board may also ask for more information by giving the registered professional engineer 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 engineer’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 (3) , give the engineer 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 engineer 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":45},{"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 a registered professional engineer’s registration under section 28 ; and\nit is in the public interest to immediately suspend the engineer’s registration.\nThe board may, by information notice given to the registered professional engineer, immediately suspend the engineer’s registration.\nThe information notice must also state the period of suspension.\nThe suspension—\nmay be for the period the board decides; and\nhas effect immediately when the 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 registered professional engineer’s registration is cancelled or otherwise ends.\ns 29A ins 2008 No. 14 s 39\namd 2020 No. 24 s 90\n(sec.29A-ssec.1) This section applies if the board reasonably believes— a ground exists to cancel a registered professional engineer’s registration under section 28 ; and it is in the public interest to immediately suspend the engineer’s registration.\n(sec.29A-ssec.2) The board may, by information notice given to the registered professional engineer, immediately suspend the engineer’s registration.\n(sec.29A-ssec.3) The information notice must also state the period of suspension.\n(sec.29A-ssec.4) The suspension— may be for the period the board decides; and has effect immediately when the 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 registered professional engineer’s registration is cancelled or otherwise ends.\n- (a) a ground exists to cancel a registered professional engineer’s registration under section 28 ; and\n- (b) it is in the public interest to immediately suspend the engineer’s registration.\n- (a) may be for the period the board decides; and\n- (b) has effect immediately when the notice is given.","sortOrder":46},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":47},{"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 61","sortOrder":48},{"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 62\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":49},{"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 assessment of competencies;\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 91\nsub 2024 No. 14 s 63\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 assessment of competencies; 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 assessment of competencies; (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 assessment of competencies;\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 assessment of competencies;\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":50},{"sectionNumber":"sec.32","sectionType":"section","heading":"Notification about particular matters","content":"### sec.32 Notification about particular matters\n\nA registered professional engineer must, within 21 days after changing his or her name or contact details, advise the board about the change unless the engineer has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":51},{"sectionNumber":"sec.32AA","sectionType":"section","heading":"Notification of prescribed changes","content":"### sec.32AA Notification of prescribed changes\n\nA registered professional engineer must give notice to the board of a prescribed change for the engineer within 21 days after the change, unless the engineer has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\nprescribed change , for a registered professional engineer, 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 engineer.\ns 32AA ins 2020 No. 24 s 92\n(sec.32AA-ssec.1) A registered professional engineer must give notice to the board of a prescribed change for the engineer within 21 days after the change, unless the engineer has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.32AA-ssec.2) In this section— prescribed change , for a registered professional engineer, 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 engineer.","sortOrder":52},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Notification of disciplinary event by other bodies","content":"### sec.32A Notification of disciplinary event by other bodies\n\nA registered professional engineer must, within 21 days after a disciplinary event for the engineer, give notice to the board of the disciplinary event, unless the engineer has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\ndisciplinary event , for a registered professional engineer, means a proceeding taken against the engineer in relation to—\nthe engineer’s membership of an association of professional engineers; or\nthe engineer’s registration to practise as an professional engineer under a law applying in the Commonwealth, another State or a foreign country.\ns 32A ins 2008 No. 14 s 41\nsub 2020 No. 24 s 93\n(sec.32A-ssec.1) A registered professional engineer must, within 21 days after a disciplinary event for the engineer, give notice to the board of the disciplinary event, unless the engineer has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.32A-ssec.2) In this section— disciplinary event , for a registered professional engineer, means a proceeding taken against the engineer in relation to— the engineer’s membership of an association of professional engineers; or the engineer’s registration to practise as an professional engineer under a law applying in the Commonwealth, another State or a foreign country.\n- (a) the engineer’s membership of an association of professional engineers; or\n- (b) the engineer’s registration to practise as an professional engineer under a law applying in the Commonwealth, another State or a foreign country.","sortOrder":53},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Notification of inability to practise","content":"### sec.32B Notification of inability to practise\n\nThis section applies if a registered professional engineer has been unable to competently and safely practise as a registered professional engineer for a continuous period of 3 months because of the engineer’s mental or physical health.\nThe engineer must immediately notify the board in writing of that fact, unless the engineer—\nhas already notified the board in writing of the incapacity; or\nhas a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 32B ins 2008 No. 14 s 41\n(sec.32B-ssec.1) This section applies if a registered professional engineer has been unable to competently and safely practise as a registered professional engineer for a continuous period of 3 months because of the engineer’s mental or physical health.\n(sec.32B-ssec.2) The engineer must immediately notify the board in writing of that fact, unless the engineer— 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":54},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Amending or replacing certificates of registration after certain conditions imposed","content":"### sec.32C Amending or replacing certificates of registration after certain conditions imposed\n\nThis section applies if—\na registered professional engineer receives a warning notice under section 27A ; or\nthe tribunal makes an order imposing a condition on the engineer’s registration under section 131 (3) (b) .\nThe engineer must return the engineer’s certificate of registration to the board within 21 days after receiving the warning notice or the tribunal makes the order, unless the engineer has a reasonable excuse.\nMaximum penalty—50 penalty units.\nOn receiving the certificate, the board must—\namend the certificate appropriately and return it to the engineer; or\nissue another certificate of registration to the engineer to replace the certificate returned to the board.\nIn this section—\nwarning notice see section 27A (2) (a) .\ns 32C ins 2008 No. 14 s 41\n(sec.32C-ssec.1) This section applies if— a registered professional engineer receives a warning notice under section 27A ; or the tribunal makes an order imposing a condition on the engineer’s registration under section 131 (3) (b) .\n(sec.32C-ssec.2) The engineer must return the engineer’s certificate of registration to the board within 21 days after receiving the warning notice or the tribunal makes the order, unless the engineer has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.32C-ssec.3) On receiving the certificate, the board must— amend the certificate appropriately and return it to the engineer; or issue another certificate of registration to the engineer to replace the certificate returned to the board.\n(sec.32C-ssec.4) In this section— warning notice see section 27A (2) (a) .\n- (a) a registered professional engineer receives a warning notice under section 27A ; or\n- (b) the tribunal makes an order imposing a condition on the engineer’s registration under section 131 (3) (b) .\n- (a) amend the certificate appropriately and return it to the engineer; or\n- (b) issue another certificate of registration to the engineer to replace the certificate returned to the board.","sortOrder":55},{"sectionNumber":"pt.2-div.8","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":56},{"sectionNumber":"sec.33","sectionType":"section","heading":"Surrender of registration","content":"### sec.33 Surrender of registration\n\nA registered professional engineer may, by notice given to the board, surrender the engineer’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) A registered professional engineer may, by notice given to the board, surrender the engineer’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":57},{"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 registered professional engineer’s name; and\nthe area of engineering for which the engineer is registered; and\nthe period of registration; and\nwhether the registered professional engineer is a practising professional engineer or a non-practising professional engineer.\ns 34 amd 2014 No. 56 s 10\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 registered professional engineer’s name; and the area of engineering for which the engineer is registered; and the period of registration; and whether the registered professional engineer is a practising professional engineer or a non-practising professional engineer.\n- (a) the registered professional engineer’s name; and\n- (b) the area of engineering for which the engineer is registered; and\n- (c) the period of registration; and\n- (d) whether the registered professional engineer is a practising professional engineer or a non-practising professional engineer.","sortOrder":58},{"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":59},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Inquiries about fitness to practise as a registered professional engineer","content":"### sec.35A Inquiries about fitness to practise as a registered professional engineer\n\nThis section applies to the following persons (each a relevant person )—\nan individual applying for registration as a registered professional engineer under section 8 ;\na registered professional engineer applying for renewal of registration under section 18 ;\na person 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 a registered professional engineer.\ns 35A ins 2008 No. 14 s 5\n(sec.35A-ssec.1) This section applies to the following persons (each a relevant person )— an individual applying for registration as a registered professional engineer under section 8 ; a registered professional engineer applying for renewal of registration under section 18 ; a person 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 a registered professional engineer.\n- (a) an individual applying for registration as a registered professional engineer under section 8 ;\n- (b) a registered professional engineer applying for renewal of registration under section 18 ;\n- (c) a person applying for restoration of the person’s registration under section 23 .","sortOrder":60},{"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.\ns 35B ins 2008 No. 14 s 5\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.","sortOrder":61},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Information about relevant persons from assessment entities","content":"### sec.35C Information about relevant persons from assessment entities\n\nThe board may ask an assessment entity for information, about a relevant person, relating to the practice of professional engineering.\nIf asked by the board, the assessment entity must give the board the information mentioned in subsection (1) to which the entity has access.\nContravention of this provision is a ground for cancelling or suspending the approval of an assessment scheme.\nAn assessment entity that, honestly and on reasonable grounds, gives information to the board under subsection (2) is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the entity for giving the information.\nInformation obtained under this section may only be used for the purposes of this Act.\ns 35C ins 2008 No. 14 s 42\n(sec.35C-ssec.1) The board may ask an assessment entity for information, about a relevant person, relating to the practice of professional engineering.\n(sec.35C-ssec.2) If asked by the board, the assessment entity must give the board the information mentioned in subsection (1) to which the entity has access. Contravention of this provision is a ground for cancelling or suspending the approval of an assessment scheme.\n(sec.35C-ssec.3) An assessment entity that, honestly and on reasonable grounds, gives information to the board under subsection (2) is not subject to any liability for giving the information and no action, claim or demand may be taken or made of or against the entity for giving the information.\n(sec.35C-ssec.4) Information obtained under this section may only be used for the purposes of this Act.","sortOrder":62},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Health assessments","content":"# Health assessments","sortOrder":63},{"sectionNumber":"sec.35D","sectionType":"section","heading":"Definitions for pt 2A","content":"### sec.35D Definitions for pt 2A\n\nIn this part—\nhealth assessment report see section 35G (1) .\nsubject engineer see section 35E (1) .\ns 35D ins 2008 No. 14 s 43","sortOrder":64},{"sectionNumber":"sec.35E","sectionType":"section","heading":"Health assessment","content":"### sec.35E Health assessment\n\nThis section applies if the board reasonably believes a registered professional engineer (the subject engineer ) is unable to competently and safely practise as a registered professional engineer because of the engineer’s mental or physical health.\nThe board may require the subject engineer 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 engineer 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 engineer unless the engineer 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 engineer as known to the board.\ns 35E ins 2008 No. 14 s 43\namd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.35E-ssec.1) This section applies if the board reasonably believes a registered professional engineer (the subject engineer ) is unable to competently and safely practise as a registered professional engineer because of the engineer’s mental or physical health.\n(sec.35E-ssec.2) The board may require the subject engineer to undergo a health assessment by a medical practitioner (the health assessor ) appointed by the board.\n(sec.35E-ssec.3) If the board decides to require a health assessment, the board must give the subject engineer 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.35E-ssec.4) The stated date must be no sooner than 14 days after the information notice is given to the subject engineer unless the engineer and the board agree, in writing, to an earlier date.\n(sec.35E-ssec.5) The stated time and place must be reasonable having regard to the circumstances of the subject engineer 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":65},{"sectionNumber":"sec.35F","sectionType":"section","heading":"Appointment of health assessor","content":"### sec.35F 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 engineer that may prejudice the way in which the medical practitioner conducts the assessment.\ns 35F ins 2008 No. 14 s 43\namd 2020 No. 24 s 153 s ch 1 pt 1","sortOrder":66},{"sectionNumber":"sec.35G","sectionType":"section","heading":"Health assessment report","content":"### sec.35G Health assessment report\n\nA health assessor conducting all or part of a health assessment of a subject engineer 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 engineer is currently unable to competently and safely practise as a registered professional engineer; and\nif the health assessor finds that the subject engineer is unable to competently and safely practise as a registered professional engineer—the health assessor’s recommendations as to any conditions that could be imposed on the engineer’s registration to overcome the inability.\nThe health assessor must give the health assessment report to the board and a copy to the subject engineer.\ns 35G ins 2008 No. 14 s 43\n(sec.35G-ssec.1) A health assessor conducting all or part of a health assessment of a subject engineer must prepare a report about the assessment ( health assessment report ).\n(sec.35G-ssec.2) The health assessment report must include— the health assessor’s findings as to whether the subject engineer is currently unable to competently and safely practise as a registered professional engineer; and if the health assessor finds that the subject engineer is unable to competently and safely practise as a registered professional engineer—the health assessor’s recommendations as to any conditions that could be imposed on the engineer’s registration to overcome the inability.\n(sec.35G-ssec.3) The health assessor must give the health assessment report to the board and a copy to the subject engineer.\n- (a) the health assessor’s findings as to whether the subject engineer is currently unable to competently and safely practise as a registered professional engineer; and\n- (b) if the health assessor finds that the subject engineer is unable to competently and safely practise as a registered professional engineer—the health assessor’s recommendations as to any conditions that could be imposed on the engineer’s registration to overcome the inability.","sortOrder":67},{"sectionNumber":"sec.35H","sectionType":"section","heading":"Payment for health assessment and report","content":"### sec.35H Payment for health 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 engineer is currently unable to competently and safely practise as a registered professional engineer, the board may require the engineer, 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 35H ins 2008 No. 14 s 43\namd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.35H-ssec.1) The board is liable for the cost of the health assessment and the preparation of the health assessment report.\n(sec.35H-ssec.2) However, if the assessment is that the subject engineer is currently unable to competently and safely practise as a registered professional engineer, the board may require the engineer, 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.35H-ssec.3) The amount mentioned in subsection (2) is a debt payable to the board.","sortOrder":68},{"sectionNumber":"sec.35I","sectionType":"section","heading":"Use of health assessment report","content":"### sec.35I 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 engineer to whom the report relates for registration as, or renewal or restoration of registration as, a registered professional engineer under this Act; or\na proceeding on an appeal by the subject engineer 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 registered professional engineer 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 35I ins 2008 No. 14 s 43\n(sec.35I-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.35I-ssec.2) Subsection (1) does not apply in relation to— a proceeding relating to an application by the subject engineer to whom the report relates for registration as, or renewal or restoration of registration as, a registered professional engineer under this Act; or a proceeding on an appeal by the subject engineer against a decision of the board— refusing to grant, renew or restore registration; or cancelling or immediately suspending registration.\n(sec.35I-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 registered professional engineer to whom the report relates.\n(sec.35I-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.35I-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 engineer to whom the report relates for registration as, or renewal or restoration of registration as, a registered professional engineer under this Act; or\n- (b) a proceeding on an appeal by the subject engineer 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 registered professional engineer to whom the report relates.","sortOrder":69},{"sectionNumber":"pt.2B","sectionType":"part","heading":"Audits of registered professional engineers","content":"# Audits of registered professional engineers","sortOrder":70},{"sectionNumber":"sec.35J","sectionType":"section","heading":"Approved audit programs","content":"### sec.35J Approved audit programs\n\nThe board may approve a program (an approved audit program ) to audit 1 or more registered professional engineers.\nThe purpose of the approved audit program is to find out if a registered professional engineer to whom the program applies (an audited engineer ) 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 a registered professional engineer for the program;\nwho will carry out the program;\nany other matter relevant to carrying out the program.\ns 35J ins 2020 No. 24 s 94\n(sec.35J-ssec.1) The board may approve a program (an approved audit program ) to audit 1 or more registered professional engineers.\n(sec.35J-ssec.2) The purpose of the approved audit program is to find out if a registered professional engineer to whom the program applies (an audited engineer ) has complied with— a code of practice approved under section 108 ; or part 7 .\n(sec.35J-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 a registered professional engineer 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 a registered professional engineer for the program;\n- (d) who will carry out the program;\n- (e) any other matter relevant to carrying out the program.","sortOrder":71},{"sectionNumber":"sec.35K","sectionType":"section","heading":"Power to require production of documents","content":"### sec.35K Power to require production of documents\n\nThe board may, by notice given to an audited engineer, require the audited engineer to give the board a copy of, or access to, a document about a stated matter in the audited engineer’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 engineer must comply with the requirement, unless the audited engineer has a reasonable excuse.\nMaximum penalty—100 penalty units.\nFor subsection (3) , it is a reasonable excuse for the audited engineer not to comply with the requirement if complying with the requirement might tend to incriminate the audited engineer or expose the audited engineer to a penalty.\ns 35K ins 2020 No. 24 s 94\n(sec.35K-ssec.1) The board may, by notice given to an audited engineer, require the audited engineer to give the board a copy of, or access to, a document about a stated matter in the audited engineer’s possession or control.\n(sec.35K-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.35K-ssec.3) The audited engineer must comply with the requirement, unless the audited engineer has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.35K-ssec.4) For subsection (3) , it is a reasonable excuse for the audited engineer not to comply with the requirement if complying with the requirement might tend to incriminate the audited engineer or expose the audited engineer to a penalty.","sortOrder":72},{"sectionNumber":"pt.3","sectionType":"part","heading":"Complaints and investigations","content":"# Complaints and investigations","sortOrder":73},{"sectionNumber":"pt.3-div.1AA","sectionType":"division","heading":"Extended application of part 3","content":"## Extended application of part 3","sortOrder":74},{"sectionNumber":"sec.36AA","sectionType":"section","heading":"Application to former registered professional engineers","content":"### sec.36AA Application to former registered professional engineers\n\nAction may be taken under this part in relation to a person who was a registered professional engineer at the time the conduct of the person that is relevant for this part happened even though the person is no longer a registered professional engineer.\nFor the purpose of taking action under this part, the person mentioned in subsection (1) is taken to be a registered professional engineer.\nThis section does not limit, but may extend, the operation of the other provisions of this part.\ns 36AA ins 2008 No. 14 s 6\n(sec.36AA-ssec.1) Action may be taken under this part in relation to a person who was a registered professional engineer at the time the conduct of the person that is relevant for this part happened even though the person is no longer a registered professional engineer.\n(sec.36AA-ssec.2) For the purpose of taking action under this part, the person mentioned in subsection (1) is taken to be a registered professional engineer.\n(sec.36AA-ssec.3) This section does not limit, but may extend, the operation of the other provisions of this part.","sortOrder":75},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Grounds for disciplining registered professional engineers","content":"## Grounds for disciplining registered professional engineers","sortOrder":76},{"sectionNumber":"sec.36","sectionType":"section","heading":"Grounds for disciplining a registered professional engineer","content":"### sec.36 Grounds for disciplining a registered professional engineer\n\nEach of the following is a ground (a disciplinary ground ) for disciplining a registered professional engineer—\nthe engineer has, whether before or after the commencement of this Act, behaved in a way that constitutes unsatisfactory professional conduct;\nthe engineer has failed to comply with a provision of this Act or the repealed Act;\nthe engineer has been convicted of an offence against an Act of the State, the Commonwealth or another State related to the practice of engineering;\nthe engineer has contravened an undertaking entered into by the engineer and the board under section 73 (2) (b) ;\nthe engineer has contravened a condition of the engineer’s registration.\ns 36 amd 2008 No. 14 s 44\n- (a) the engineer has, whether before or after the commencement of this Act, behaved in a way that constitutes unsatisfactory professional conduct;\n- (b) the engineer has failed to comply with a provision of this Act or the repealed Act;\n- (c) the engineer has been convicted of an offence against an Act of the State, the Commonwealth or another State related to the practice of engineering;\n- (d) the engineer has contravened an undertaking entered into by the engineer and the board under section 73 (2) (b) ;\n- (e) the engineer has contravened a condition of the engineer’s registration.","sortOrder":77},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Complaints","content":"## Complaints","sortOrder":78},{"sectionNumber":"sec.37","sectionType":"section","heading":"Complaints about conduct","content":"### sec.37 Complaints about conduct\n\nA person who is aggrieved by a registered professional engineer’s conduct in carrying out professional engineering 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 50\n(sec.37-ssec.1) A person who is aggrieved by a registered professional engineer’s conduct in carrying out professional engineering 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":79},{"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":80},{"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—\nfrivolous, trivial or vexatious; or\nmisconceived or lacking in substance.\ns 39 amd 2014 No. 56 s 11\n- (a) frivolous, trivial or vexatious; or\n- (b) misconceived or lacking in substance.","sortOrder":81},{"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 grounds for disciplining a registered professional engineer.\nFor the grounds for disciplining a registered professional engineer, see section 36 .\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 grounds for disciplining a registered professional engineer. For the grounds for disciplining a registered professional engineer, see section 36 .\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":82},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Investigations","content":"## Investigations","sortOrder":83},{"sectionNumber":"sec.41","sectionType":"section","heading":"Investigation of registered professional engineer’s conduct","content":"### sec.41 Investigation of registered professional engineer’s conduct\n\nThis section applies if—\na complaint is made about a registered professional engineer’s conduct in carrying out professional engineering services; or\nthe board reasonably believes an aspect of a registered professional engineer’s conduct in carrying out professional engineering services may provide a ground for disciplining the engineer.\nThe board may conduct an investigation of the registered professional engineer’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 registered professional engineer a notice stating he or she may make a submission to the board about the complaint or ground for disciplining the registered professional engineer within the reasonable time stated in the notice.\n(sec.41-ssec.1) This section applies if— a complaint is made about a registered professional engineer’s conduct in carrying out professional engineering services; or the board reasonably believes an aspect of a registered professional engineer’s conduct in carrying out professional engineering services may provide a ground for disciplining the engineer.\n(sec.41-ssec.2) The board may conduct an investigation of the registered professional engineer’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 registered professional engineer a notice stating he or she may make a submission to the board about the complaint or ground for disciplining the registered professional engineer within the reasonable time stated in the notice.\n- (a) a complaint is made about a registered professional engineer’s conduct in carrying out professional engineering services; or\n- (b) the board reasonably believes an aspect of a registered professional engineer’s conduct in carrying out professional engineering services may provide a ground for disciplining the engineer.","sortOrder":84},{"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":85},{"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":86},{"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":87},{"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":88},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Investigators","content":"## Investigators","sortOrder":89},{"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":90},{"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":91},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Appointment of investigators and other matters","content":"## Appointment of investigators and other matters","sortOrder":92},{"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":93},{"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":94},{"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 95\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.\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":95},{"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 96\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":96},{"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":97},{"sectionNumber":"sec.53","sectionType":"section","heading":"Resignation","content":"### sec.53 Resignation\n\nAn investigator may resign by signed notice given to the board.","sortOrder":98},{"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":99},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Powers of board and investigators","content":"## Powers of board and investigators","sortOrder":100},{"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.\nengineering plans or drawings, or a document containing engineering calculations\ns 55 sub 2020 No. 24 s 97\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. engineering plans or drawings, or a document containing engineering calculations\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":101},{"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 98\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":102},{"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":103},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Seizure of documents","content":"## Seizure of documents","sortOrder":104},{"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":105},{"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":106},{"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":107},{"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":108},{"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":109},{"sectionNumber":"pt.3-div.7A","sectionType":"division","heading":"Entry of places by investigators","content":"## Entry of places by investigators","sortOrder":110},{"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 99\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":111},{"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 99","sortOrder":112},{"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 99\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":113},{"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 99\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":114},{"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 99\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":115},{"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 99\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":116},{"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 the 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 99\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 the 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.\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 the investigator; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the powers of the 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 the investigator; and","sortOrder":117},{"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 99\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":118},{"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 99\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":119},{"sectionNumber":"pt.3-div.7B","sectionType":"division","heading":"General powers of investigators after entering places","content":"## General powers of investigators after entering places","sortOrder":120},{"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 an investigator enters a place under section 62A .\nHowever, if the 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 99\n(sec.62J-ssec.1) The powers under this division may be exercised if an investigator enters a place under section 62A .\n(sec.62J-ssec.2) However, if the 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":121},{"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 an other way.\ninspect , a thing, includes open the thing and examine its contents.\ns 62K ins 2020 No. 24 s 99\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 an other 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":122},{"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 99\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":123},{"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 99\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":124},{"sectionNumber":"pt.3-div.7C","sectionType":"division","heading":"Power to seize evidence","content":"## Power to seize evidence","sortOrder":125},{"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 99\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":126},{"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 99\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":127},{"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 99\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) .\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":128},{"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 99","sortOrder":129},{"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 99\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":130},{"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 99\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":131},{"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 99\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":132},{"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 99\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":133},{"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 99\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.\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":134},{"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 99\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.\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":135},{"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 99","sortOrder":136},{"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 99\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":137},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Notice of damage and compensation","content":"## Notice of damage and compensation","sortOrder":138},{"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":139},{"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":140},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Offences about investigations","content":"## Offences about investigations","sortOrder":141},{"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":142},{"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":143},{"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":144},{"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":145},{"sectionNumber":"pt.4","sectionType":"part","heading":"Reports and board’s decisions about investigations","content":"# Reports and board’s decisions about investigations","sortOrder":146},{"sectionNumber":"sec.69AA","sectionType":"section","heading":"Application of pt 4 to certain former registered professional engineers","content":"### sec.69AA Application of pt 4 to certain former registered professional engineers\n\nFor applying this part to a person mentioned in section 36AA (1) , the person is taken to be a registered professional engineer.\ns 69AA ins 2008 No. 14 s 7","sortOrder":147},{"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":148},{"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":149},{"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":150},{"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":151},{"sectionNumber":"sec.73","sectionType":"section","heading":"Board’s decision on investigation about registered professional engineer","content":"### sec.73 Board’s decision on investigation about registered professional engineer\n\nThis section applies if the board—\nprepares a report under section 69 (1) about a registered professional engineer; or\nreceives a report under section 71 (1) about a registered professional engineer and does not request a further report about the engineer under section 71 (3) ; or\nreceives a further report under section 71 (3) about a registered professional engineer.\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 registered professional engineer;\nFor how to start a disciplinary proceeding, see part 8 .\nenter into an undertaking agreed with the registered professional engineer about a matter relating to the engineer carrying out professional engineering services, including, for example, to submit to an audit of the engineer’s practice of engineering;\ncaution or reprimand the registered professional engineer;\nimpose a condition on the engineer’s registration;\ntake no further action about the matter the subject of the investigation.\nIf the engineer 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 registered professional engineer 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 registered professional engineer.\ns 73 amd 2008 No. 14 s 45 ; 2020 No. 24 s 100\n(sec.73-ssec.1) This section applies if the board— prepares a report under section 69 (1) about a registered professional engineer; or receives a report under section 71 (1) about a registered professional engineer and does not request a further report about the engineer under section 71 (3) ; or receives a further report under section 71 (3) about a registered professional engineer.\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 registered professional engineer; For how to start a disciplinary proceeding, see part 8 . enter into an undertaking agreed with the registered professional engineer about a matter relating to the engineer carrying out professional engineering services, including, for example, to submit to an audit of the engineer’s practice of engineering; caution or reprimand the registered professional engineer; impose a condition on the engineer’s registration; take no further action about the matter the subject of the investigation.\n(sec.73-ssec.2A) If the engineer 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.3) 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.4) Also, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the registered professional engineer for an offence.\n(sec.73-ssec.5) 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 registered professional engineer.\n- (a) prepares a report under section 69 (1) about a registered professional engineer; or\n- (b) receives a report under section 71 (1) about a registered professional engineer and does not request a further report about the engineer under section 71 (3) ; or\n- (c) receives a further report under section 71 (3) about a registered professional engineer.\n- (a) start a disciplinary proceeding against the registered professional engineer; Note— For how to start a disciplinary proceeding, see part 8 .\n- (b) enter into an undertaking agreed with the registered professional engineer about a matter relating to the engineer carrying out professional engineering services, including, for example, to submit to an audit of the engineer’s practice of engineering;\n- (c) caution or reprimand the registered professional engineer;\n- (d) impose a condition on the engineer’s registration;\n- (e) take no further action about the matter the subject of the investigation.","sortOrder":152},{"sectionNumber":"sec.74","sectionType":"section","heading":"Notice of result of investigation about registered professional engineer","content":"### sec.74 Notice of result of investigation about registered professional engineer\n\nAs soon as practicable after making a decision under section 73 (2) or (4) about a registered professional engineer, the board must give notice of the decision to—\nthe registered professional engineer; 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 registered professional engineer, the board must give the engineer 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 2008 No. 14 s 46\n(sec.74-ssec.1) As soon as practicable after making a decision under section 73 (2) or (4) about a registered professional engineer, the board must give notice of the decision to— the registered professional engineer; 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 registered professional engineer, the board must give the engineer 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 registered professional engineer; and\n- (b) if the investigation was the result of a complaint—the complainant.","sortOrder":153},{"sectionNumber":"sec.74A","sectionType":"section","heading":"Publishing of certain decisions on investigation about registered professional engineer","content":"### sec.74A Publishing of certain decisions on investigation about registered professional engineer\n\nThis section applies if the board decides—\nto caution or reprimand a registered professional engineer under section 73 (2) (c) ; or\nto impose a condition on a registered professional engineer’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 2008 No. 14 s 47\namd 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 a registered professional engineer under section 73 (2) (c) ; or to impose a condition on a registered professional engineer’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 a registered professional engineer under section 73 (2) (c) ; or\n- (b) to impose a condition on a registered professional engineer’s registration under section 73 (2) (d) .","sortOrder":154},{"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 a registered professional engineer; or\nreceives a report under section 71 (1) about a person other than a registered professional engineer 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 a registered professional engineer.\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 apply for registration or to only carry out professional engineering services under the direct supervision of a practising professional engineer;\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 2008 No. 14 s 48 ; 2014 No. 56 s 12\n(sec.75-ssec.1) This section applies if the board— prepares a report under section 69 (1) about a person other than a registered professional engineer; or receives a report under section 71 (1) about a person other than a registered professional engineer 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 a registered professional engineer.\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 apply for registration or to only carry out professional engineering services under the direct supervision of a practising professional engineer; 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 a registered professional engineer; or\n- (b) receives a report under section 71 (1) about a person other than a registered professional engineer 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 a registered professional engineer.\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 apply for registration or to only carry out professional engineering services under the direct supervision of a practising professional engineer;\n- (c) caution or reprimand the person;\n- (d) take no further action about the matter the subject of the investigation.","sortOrder":155},{"sectionNumber":"sec.75A","sectionType":"section","heading":"Other investigations—recording decision if person becomes registered professional engineer","content":"### sec.75A Other investigations—recording decision if person becomes registered professional engineer\n\nThis section applies if—\nthe board makes a decision about a person under section 75 ; and\nthe person later becomes a registered professional engineer.\nThe board may include in the register particulars of its decision with other particulars relevant to the person’s registration.\ns 75A ins 2014 No. 56 s 13\n(sec.75A-ssec.1) This section applies if— the board makes a decision about a person under section 75 ; and the person later becomes a registered professional engineer.\n(sec.75A-ssec.2) The board may include in the register particulars of its decision with other particulars relevant to the person’s registration.\n- (a) the board makes a decision about a person under section 75 ; and\n- (b) the person later becomes a registered professional engineer.","sortOrder":156},{"sectionNumber":"sec.75B","sectionType":"section","heading":"Publishing information if person other than registered professional engineer found guilty of offence","content":"### sec.75B Publishing information if person other than registered professional engineer found guilty of offence\n\nThis section applies if a person other than a registered professional engineer is found guilty of an offence against part 7 of this Act, whether or not a conviction is recorded.\nThe board may, during the relevant period, publish the information about the offence on the board’s website.\nFor subsection (2) , only the following information may be published—\nthe person’s full name and any other identifying particulars;\nthe person’s business address or former business address;\nparticulars of the offence committed by the person;\nany other particulars prescribed by regulation.\nIf the finding of guilt is quashed on appeal, the board must remove any reference to the offence from the website.\nIn this section—\nrelevant period means the period starting on the date the finding of guilt is made and ending 5 years after that date.\ns 75B ins 2014 No. 56 s 13\namd 2020 No. 24 s 153 s ch 1 pt 1\n(sec.75B-ssec.1) This section applies if a person other than a registered professional engineer is found guilty of an offence against part 7 of this Act, whether or not a conviction is recorded.\n(sec.75B-ssec.2) The board may, during the relevant period, publish the information about the offence on the board’s website.\n(sec.75B-ssec.3) For subsection (2) , only the following information may be published— the person’s full name and any other identifying particulars; the person’s business address or former business address; particulars of the offence committed by the person; any other particulars prescribed by regulation.\n(sec.75B-ssec.4) If the finding of guilt is quashed on appeal, the board must remove any reference to the offence from the website.\n(sec.75B-ssec.5) In this section— relevant period means the period starting on the date the finding of guilt is made and ending 5 years after that date.\n- (a) the person’s full name and any other identifying particulars;\n- (b) the person’s business address or former business address;\n- (c) particulars of the offence committed by the person;\n- (d) any other particulars prescribed by regulation.","sortOrder":157},{"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 2008 No. 14 s 49 ; 2014 No. 56 s 14","sortOrder":158},{"sectionNumber":"pt.5","sectionType":"part","heading":"Board of Professional Engineers of Queensland","content":"# Board of Professional Engineers of Queensland","sortOrder":159},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":160},{"sectionNumber":"sec.77","sectionType":"section","heading":"Establishment of board","content":"### sec.77 Establishment of board\n\nThe Board of Professional Engineers 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 Professional Engineers 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":161},{"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":162},{"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":163},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":164},{"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 persons who are eligible for registration and issue certificates of registration;\nto conduct, or authorise, investigations about the professional conduct of registered professional engineers and contraventions of this Act;\nto approve a program to audit registered professional engineers under part 2B ;\nto keep the register;\nto advise the Minister about—\neligibility requirements for persons applying for registration, or renewal or restoration of registration; and\nthe suitability of assessment schemes for approval; and\nthe operation of this Act in its application to the practice of engineering;\nto review the eligibility requirements mentioned in paragraph (f) (i) ;\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 (h) .\nThe board must, at least once every 2 years, review the eligibility requirements mentioned in subsection (1) (f) (i) .\ns 80 amd 2008 No. 14 s 50 ; 2020 No. 24 s 101\n(sec.80-ssec.1) The functions of the board are as follows— to assess applications made to it under this Act; to register persons who are eligible for registration and issue certificates of registration; to conduct, or authorise, investigations about the professional conduct of registered professional engineers and contraventions of this Act; to approve a program to audit registered professional engineers under part 2B ; to keep the register; to advise the Minister about— eligibility requirements for persons applying for registration, or renewal or restoration of registration; and the suitability of assessment schemes for approval; and the operation of this Act in its application to the practice of engineering; to review the eligibility requirements mentioned in paragraph (f) (i) ; to perform other functions given to the board under this or another Act; to perform a function incidental to a function mentioned in paragraphs (a) to (h) .\n(sec.80-ssec.2) The board must, at least once every 2 years, review the eligibility requirements mentioned in subsection (1) (f) (i) .\n- (a) to assess applications made to it under this Act;\n- (b) to register persons who are eligible for registration and issue certificates of registration;\n- (c) to conduct, or authorise, investigations about the professional conduct of registered professional engineers and contraventions of this Act;\n- (d) to approve a program to audit registered professional engineers under part 2B ;\n- (e) to keep the register;\n- (f) to advise the Minister about— (i) eligibility requirements for persons applying for registration, or renewal or restoration of registration; and (ii) the suitability of assessment schemes for approval; and (iii) the operation of this Act in its application to the practice of engineering;\n- (i) eligibility requirements for persons applying for registration, or renewal or restoration of registration; and\n- (ii) the suitability of assessment schemes for approval; and\n- (iii) the operation of this Act in its application to the practice of engineering;\n- (g) to review the eligibility requirements mentioned in paragraph (f) (i) ;\n- (h) to perform other functions given to the board under this or another Act;\n- (i) to perform a function incidental to a function mentioned in paragraphs (a) to (h) .\n- (i) eligibility requirements for persons applying for registration, or renewal or restoration of registration; and\n- (ii) the suitability of assessment schemes for approval; and\n- (iii) the operation of this Act in its application to the practice of engineering;","sortOrder":165},{"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":166},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":167},{"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 board must include—\n1 person who—\nis the academic head or an academic representative of a school of engineering prescribed under a regulation; and\nis a registered professional engineer, or as an applicant would be eligible for registration; and\n1 person who—\nis a representative of the Queensland Division of the Institution of Engineers Australia (the institution ); and\nis a registered professional engineer, or as an applicant would be eligible for registration; and\n1 registered professional engineer elected under this Act; and\n1 registered professional engineer who lives, and undertakes professional engineering services predominantly, 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 a registered professional engineer.\nThe members mentioned in subsection (2) (a) , (b) and (d) to (g) are to be nominated by the Minister.\nIf a registered professional engineer is not elected under subsection (2) (c) , the Minister may nominate a registered professional engineer for appointment to the board.\nA registered professional engineer 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 2008 No. 14 s 8\n(sec.82-ssec.1) The board consists of 7 members appointed by the Governor in Council.\n(sec.82-ssec.2) The board must include— 1 person who— is the academic head or an academic representative of a school of engineering prescribed under a regulation; and is a registered professional engineer, or as an applicant would be eligible for registration; and 1 person who— is a representative of the Queensland Division of the Institution of Engineers Australia (the institution ); and is a registered professional engineer, or as an applicant would be eligible for registration; and 1 registered professional engineer elected under this Act; and 1 registered professional engineer who lives, and undertakes professional engineering services predominantly, 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 a registered professional engineer.\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 a registered professional engineer is not elected under subsection (2) (c) , the Minister may nominate a registered professional engineer for appointment to the board.\n(sec.82-ssec.5) A registered professional engineer 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 engineering prescribed under a regulation; and (ii) is a registered professional engineer, or as an applicant would be eligible for registration; and\n- (i) is the academic head or an academic representative of a school of engineering prescribed under a regulation; and\n- (ii) is a registered professional engineer, or as an applicant would be eligible for registration; and\n- (b) 1 person who— (i) is a representative of the Queensland Division of the Institution of Engineers Australia (the institution ); and (ii) is a registered professional engineer, or as an applicant would be eligible for registration; and\n- (i) is a representative of the Queensland Division of the Institution of Engineers Australia (the institution ); and\n- (ii) is a registered professional engineer, or as an applicant would be eligible for registration; and\n- (c) 1 registered professional engineer elected under this Act; and\n- (d) 1 registered professional engineer who lives, and undertakes professional engineering services predominantly, 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 a registered professional engineer.\n- (i) is the academic head or an academic representative of a school of engineering prescribed under a regulation; and\n- (ii) is a registered professional engineer, or as an applicant would be eligible for registration; and\n- (i) is a representative of the Queensland Division of the Institution of Engineers Australia (the institution ); and\n- (ii) is a registered professional engineer, or as an applicant would be eligible for registration; and","sortOrder":168},{"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":169},{"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 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 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 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":170},{"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":171},{"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":172},{"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 written 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 51\n(sec.87-ssec.1) The office of a member becomes vacant if the member— dies; or resigns office by written 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 written notice given to the Minister; or\n- (c) is removed from office under section 86 .","sortOrder":173},{"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) —a registered professional engineer.\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) —a registered professional engineer.\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) —a registered professional engineer.","sortOrder":174},{"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":175},{"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) (v) .\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 102\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) (v) .\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) (v) .\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":176},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Business and meetings","content":"## Business and meetings","sortOrder":177},{"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":178},{"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":179},{"sectionNumber":"sec.93","sectionType":"section","heading":"Quorum","content":"### sec.93 Quorum\n\nA quorum for a meeting of the board is 4 members.","sortOrder":180},{"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":181},{"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":182},{"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 52\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) .\n- (a) a decision made under section 73 (2) or 75 (2) ;\n- (b) a resolution made under section 95 (6) .","sortOrder":183},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Disclosure of interests by board members","content":"## Disclosure of interests by board members","sortOrder":184},{"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 a registered professional engineer, the member does not have a direct or indirect interest in an issue if the interest arises merely because the member is a registered professional engineer.\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 a registered professional engineer, the member does not have a direct or indirect interest in an issue if the interest arises merely because the member is a registered professional engineer.\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":185},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Directions by Minister and performance agreements","content":"## Directions by Minister and performance agreements","sortOrder":186},{"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":187},{"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 agreement may include other matters relevant to the board’s functions 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 agreement may include other matters relevant to the board’s functions and agreed to by the Minister and the board.","sortOrder":188},{"sectionNumber":"pt.5-div.7","sectionType":"division","heading":"Registrar of board and other staff","content":"## Registrar of board and other staff","sortOrder":189},{"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":190},{"sectionNumber":"sec.100A","sectionType":"section","heading":"Other staff","content":"### sec.100A Other staff\n\nWith the board’s consent, other public service employees may be engaged by a public sector unit to provide services for the board.\ns 100A ins 2008 No. 14 s 10","sortOrder":191},{"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 2008 No. 14 s 11","sortOrder":192},{"sectionNumber":"sec.101A","sectionType":"section","heading":"Delegation by registrar","content":"### sec.101A Delegation by registrar\n\nThe registrar may delegate the registrar’s functions under this Act to—\nan appropriately qualified employee of the board; or\nan appropriately qualified public service employee providing services for the board under section 100A .\nIn this section—\nfunctions includes powers.\ns 101A ins 2014 No. 56 s 15\n(sec.101A-ssec.1) The registrar may delegate the registrar’s functions under this Act to— an appropriately qualified employee of the board; or an appropriately qualified public service employee providing services for the board under section 100A .\n(sec.101A-ssec.2) In this section— functions includes powers.\n- (a) an appropriately qualified employee of the board; or\n- (b) an appropriately qualified public service employee providing services for the board under section 100A .","sortOrder":193},{"sectionNumber":"pt.5-div.8","sectionType":"division","heading":"Register","content":"## Register","sortOrder":194},{"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, registered professional engineers.\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;\ndetails of the person’s eligibility for registration as a registered professional engineer;\nif the tribunal makes an order about the person under section 131 (2) or (3) or section 132 (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 subject to a condition—particulars of the condition;\nif the board cautions or reprimands the person under section 73 (2) (c) —particulars of the caution or reprimand;\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 professional engineer or non-practising professional engineer;\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 (i) for a relevant decision of the board 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 relevant decision of the board, the particulars mentioned in subsection (3) (e) to (i) 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.\nIn this section—\nrelevant decision , of the board, means a decision of the board to—\nimpose a condition on a person’s registration; or\ncaution or reprimand a person; or\ncancel, or refuse to renew or restore, a person’s registration.\ns 102 amd 2008 No. 14 s 51 ; 2020 No. 24 s 103\n(sec.102-ssec.1) The board must keep a register of persons who are, or have been, registered professional engineers.\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; details of the person’s eligibility for registration as a registered professional engineer; if the tribunal makes an order about the person under section 131 (2) or (3) or section 132 (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 subject to a condition—particulars of the condition; if the board cautions or reprimands the person under section 73 (2) (c) —particulars of the caution or reprimand; 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 professional engineer or non-practising professional engineer; 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 (i) for a relevant decision of the board 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 relevant decision of the board, the particulars mentioned in subsection (3) (e) to (i) 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.\n(sec.102-ssec.7) In this section— relevant decision , of the board, means a decision of the board to— impose a condition on a person’s registration; or caution or reprimand a person; or cancel, or refuse to renew or restore, a person’s registration.\n- (a) the person’s name and contact details;\n- (b) details of the person’s eligibility for registration as a registered professional engineer;\n- (c) if the tribunal makes an order about the person under section 131 (2) or (3) or section 132 (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 subject to a condition—particulars of the condition;\n- (f) if the board cautions or reprimands the person under section 73 (2) (c) —particulars of the caution or reprimand;\n- (g) if the person’s registration is cancelled under section 29 (4) —the day the registration is cancelled and the reasons for the cancellation;\n- (h) if the person’s registration is not renewed under section 20 —the reasons for not renewing the registration;\n- (i) if the person’s registration is not restored under section 24 —the reasons for not restoring the registration;\n- (j) whether the person is registered as a practising professional engineer or non-practising professional engineer;\n- (k) 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.\n- (a) impose a condition on a person’s registration; or\n- (b) caution or reprimand a person; or\n- (c) cancel, or refuse to renew or restore, a person’s registration.","sortOrder":195},{"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 53\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":196},{"sectionNumber":"pt.5-div.9","sectionType":"division","heading":"Other provisions about the board","content":"## Other provisions about the board","sortOrder":197},{"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":198},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2022 No. 11 s 54","sortOrder":199},{"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 122 (2) ; or\ndisciplinary proceedings.\ntribunal department means the department in which the QCAT Act is administered.\ns 106 amd 2009 No. 24 s 1661\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 122 (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 122 (2) ; or\n- (b) disciplinary proceedings.","sortOrder":200},{"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 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 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":201},{"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 2014 No. 56 s 16\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":202},{"sectionNumber":"pt.6","sectionType":"part","heading":"Codes of practice","content":"# Codes of practice","sortOrder":203},{"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 registered professional engineers 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 registered professional engineers; and\nuniversities that—\nare established in Queensland; and\nare engaged in the education of students in the profession of engineering; 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 registered professional engineers 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 registered professional engineers; and universities that— are established in Queensland; and are engaged in the education of students in the profession of engineering; 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 registered professional engineers; and\n- (b) universities that— (i) are established in Queensland; and (ii) are engaged in the education of students in the profession of engineering; and\n- (i) are established in Queensland; and\n- (ii) are engaged in the education of students in the profession of engineering; 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 in the profession of engineering; and","sortOrder":204},{"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":205},{"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 55\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":206},{"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 registered professional engineers of the approval of a code of practice and any amendment of the code.","sortOrder":207},{"sectionNumber":"sec.112","sectionType":"section","heading":"Use of code of practice in disciplinary proceeding","content":"### sec.112 Use of code of practice in disciplinary proceeding\n\nAn approved code of practice is admissible as evidence in a disciplinary proceeding brought by the board against a registered professional engineer.\nThe code may only be used to provide evidence, in the disciplinary proceeding, of appropriate professional conduct or practice for a registered professional engineer.\n(sec.112-ssec.1) An approved code of practice is admissible as evidence in a disciplinary proceeding brought by the board against a registered professional engineer.\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 a registered professional engineer.","sortOrder":208},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Assessment entities and schemes","content":"# Assessment entities and schemes","sortOrder":209},{"sectionNumber":"pt.6A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":210},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Definitions for pt 6A","content":"### sec.112A Definitions for pt 6A\n\nIn this part—\napplication for approval means an application for approval of a proposed assessment scheme under section 112C .\napplication for renewal means an application for renewal of the approval of an assessment scheme under section 112D .\napplication for variation means an application for variation of an assessment scheme under section 112E .\narea of engineering ...\ns 112A def area of engineering om 2008 No. 14 s 52\nassessment entity ...\ns 112A def assessment entity om 2008 No. 14 s 52\nassessment scheme ...\ns 112A def assessment scheme om 2008 No. 14 s 52\nsuitable for approval see section 112B .\ns 112A ins 2008 No. 14 s 12","sortOrder":211},{"sectionNumber":"pt.6A-div.2","sectionType":"division","heading":"Suitability of assessment schemes","content":"## Suitability of assessment schemes","sortOrder":212},{"sectionNumber":"sec.112B","sectionType":"section","heading":"Suitability of assessment schemes for approval","content":"### sec.112B Suitability of assessment schemes for approval\n\nA proposed assessment scheme is, and an assessment scheme continues to be, suitable for approval under this part if—\nthe scheme adequately provides for the assessment of qualifications and competencies of engineers in an identifiable area of engineering; and\nthe scheme is consistent with national and international standards for the recognition of professional engineers; and\nthe scheme includes procedures for the assessment of applicants under part 2 that are conducted in an independent and professional manner; and\nthe entity conducting the scheme has adequate procedures for monitoring and improving the assessment process carried out under the scheme; and\nthe fees imposed under the scheme for the assessment of qualifications and competencies are reasonable having regard to the scope of the services being offered; and\nthe scheme includes adequate continuing professional development requirements for professional engineers and an effective audit program to ensure continuing registration requirements are met; and\nthe entity conducting the scheme employs competent persons to perform assessments of applicants under part 2 and has proven procedures for training and accrediting those persons who will perform the assessments; and\nthe entity conducting the scheme has the financial capacity and facilities to conduct assessments of qualifications and competencies; and\nthe entity conducting the scheme has a proven capacity to undertake independent and authoritative assessments in a timely manner; and\nthe scheme or entity conducting the scheme satisfies other criteria provided for under a regulation.\ns 112B ins 2008 No. 14 s 12\namd 2008 No. 14 s 53\n- (a) the scheme adequately provides for the assessment of qualifications and competencies of engineers in an identifiable area of engineering; and\n- (b) the scheme is consistent with national and international standards for the recognition of professional engineers; and\n- (c) the scheme includes procedures for the assessment of applicants under part 2 that are conducted in an independent and professional manner; and\n- (d) the entity conducting the scheme has adequate procedures for monitoring and improving the assessment process carried out under the scheme; and\n- (e) the fees imposed under the scheme for the assessment of qualifications and competencies are reasonable having regard to the scope of the services being offered; and\n- (f) the scheme includes adequate continuing professional development requirements for professional engineers and an effective audit program to ensure continuing registration requirements are met; and\n- (g) the entity conducting the scheme employs competent persons to perform assessments of applicants under part 2 and has proven procedures for training and accrediting those persons who will perform the assessments; and\n- (h) the entity conducting the scheme has the financial capacity and facilities to conduct assessments of qualifications and competencies; and\n- (i) the entity conducting the scheme has a proven capacity to undertake independent and authoritative assessments in a timely manner; and\n- (j) the scheme or entity conducting the scheme satisfies other criteria provided for under a regulation.","sortOrder":213},{"sectionNumber":"pt.6A-div.3","sectionType":"division","heading":"Applications relating to assessment schemes","content":"## Applications relating to assessment schemes","sortOrder":214},{"sectionNumber":"sec.112C","sectionType":"section","heading":"Application for approval","content":"### sec.112C Application for approval\n\nAn entity may apply to the Minister for approval of a proposed assessment scheme for 1 or more areas of engineering, or proposed areas of engineering, to be conducted by the entity.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the Minister to decide the application; and\nbe accompanied by—\nthe proposed assessment scheme; and\nthe fee, if any, prescribed under a regulation.\ns 112C ins 2008 No. 14 s 12\namd 2008 No. 14 s 54\n(sec.112C-ssec.1) An entity may apply to the Minister for approval of a proposed assessment scheme for 1 or more areas of engineering, or proposed areas of engineering, to be conducted by the entity.\n(sec.112C-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the Minister to decide the application; and be accompanied by— the proposed assessment scheme; and the fee, if any, prescribed under a regulation.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the Minister to decide the application; and\n- (c) be accompanied by— (i) the proposed assessment scheme; and (ii) the fee, if any, prescribed under a regulation.\n- (i) the proposed assessment scheme; and\n- (ii) the fee, if any, prescribed under a regulation.\n- (i) the proposed assessment scheme; and\n- (ii) the fee, if any, prescribed under a regulation.","sortOrder":215},{"sectionNumber":"sec.112D","sectionType":"section","heading":"Application for renewal","content":"### sec.112D Application for renewal\n\nThe assessment entity for an assessment scheme may apply to the Minister for renewal of the approval of the assessment scheme.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the Minister to decide the application; and\nbe made at least 28 days before the approval ends; and\nbe accompanied by the fee, if any, prescribed under a regulation.\ns 112D ins 2008 No. 14 s 12\n(sec.112D-ssec.1) The assessment entity for an assessment scheme may apply to the Minister for renewal of the approval of the assessment scheme.\n(sec.112D-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the Minister to decide the application; and be made at least 28 days before the approval ends; and be accompanied by the fee, if any, prescribed under a regulation.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the Minister to decide the application; and\n- (c) be made at least 28 days before the approval ends; and\n- (d) be accompanied by the fee, if any, prescribed under a regulation.","sortOrder":216},{"sectionNumber":"sec.112E","sectionType":"section","heading":"Application for variation","content":"### sec.112E Application for variation\n\nThe assessment entity for an assessment scheme may apply to the Minister for variation of the assessment scheme.\nThe application must—\nbe in the approved form; and\nbe supported by enough information to enable the Minister to decide the application; and\nbe accompanied by—\nthe proposed variation of the assessment scheme; and\nthe fee, if any, prescribed under a regulation.\ns 112E ins 2008 No. 14 s 12\n(sec.112E-ssec.1) The assessment entity for an assessment scheme may apply to the Minister for variation of the assessment scheme.\n(sec.112E-ssec.2) The application must— be in the approved form; and be supported by enough information to enable the Minister to decide the application; and be accompanied by— the proposed variation of the assessment scheme; and the fee, if any, prescribed under a regulation.\n- (a) be in the approved form; and\n- (b) be supported by enough information to enable the Minister to decide the application; and\n- (c) be accompanied by— (i) the proposed variation of the assessment scheme; and (ii) the fee, if any, prescribed under a regulation.\n- (i) the proposed variation of the assessment scheme; and\n- (ii) the fee, if any, prescribed under a regulation.\n- (i) the proposed variation of the assessment scheme; and\n- (ii) the fee, if any, prescribed under a regulation.","sortOrder":217},{"sectionNumber":"pt.6A-div.4","sectionType":"division","heading":"Referral of applications under this part to the board","content":"## Referral of applications under this part to the board","sortOrder":218},{"sectionNumber":"sec.112F","sectionType":"section","heading":"Minister to refer an application under this part to the board for assessment","content":"### sec.112F Minister to refer an application under this part to the board for assessment\n\nAfter receiving an application under this part the Minister must refer the application to the board for assessment.\ns 112F ins 2008 No. 14 s 12","sortOrder":219},{"sectionNumber":"sec.112G","sectionType":"section","heading":"Consideration by board","content":"### sec.112G Consideration by board\n\nThe board must consider—\nfor an application for approval—whether the applicant’s proposed assessment scheme is suitable for approval; or\nfor an application for renewal—whether the applicant’s assessment scheme continues to be suitable for approval; or\nfor an application for variation—whether the applicant’s assessment scheme as proposed to be varied is suitable for approval.\nIn its consideration, the board is not restricted to the information contained in the application.\ns 112G ins 2008 No. 14 s 12\n(sec.112G-ssec.1) The board must consider— for an application for approval—whether the applicant’s proposed assessment scheme is suitable for approval; or for an application for renewal—whether the applicant’s assessment scheme continues to be suitable for approval; or for an application for variation—whether the applicant’s assessment scheme as proposed to be varied is suitable for approval.\n(sec.112G-ssec.2) In its consideration, the board is not restricted to the information contained in the application.\n- (a) for an application for approval—whether the applicant’s proposed assessment scheme is suitable for approval; or\n- (b) for an application for renewal—whether the applicant’s assessment scheme continues to be suitable for approval; or\n- (c) for an application for variation—whether the applicant’s assessment scheme as proposed to be varied is suitable for approval.","sortOrder":220},{"sectionNumber":"sec.112H","sectionType":"section","heading":"Further information or document to support application","content":"### sec.112H Further information or document to support application\n\nThe board may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 14 days stated in the notice, further information or a document the board reasonably requires to make its recommendation on the application.\nThe board and the applicant may agree on an extension of the time stated in the notice.\nThe applicant is taken to have withdrawn its application if within the following time the applicant does not comply with the requirement—\nthe time stated in the notice;\nif the board and the applicant have agreed on an extension of time—the time agreed to.\ns 112H ins 2008 No. 14 s 12\n(sec.112H-ssec.1) The board may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 14 days stated in the notice, further information or a document the board reasonably requires to make its recommendation on the application.\n(sec.112H-ssec.2) The board and the applicant may agree on an extension of the time stated in the notice.\n(sec.112H-ssec.3) The applicant is taken to have withdrawn its application if within the following time the applicant does not comply with the requirement— the time stated in the notice; if the board and the applicant have agreed on an extension of time—the time agreed to.\n- (a) the time stated in the notice;\n- (b) if the board and the applicant have agreed on an extension of time—the time agreed to.","sortOrder":221},{"sectionNumber":"sec.112I","sectionType":"section","heading":"Report by board about application","content":"### sec.112I Report by board about application\n\nThe board must give the Minister a written report about the application.\nThe report must contain—\nthe board’s recommendation about whether the Minister should grant the application; and\nif the board recommends that the Minister grant the application—any recommendation by the board that the Minister impose a condition on the approval.\nIn this section—\nrecommendation includes reasons for the recommendation.\ns 112I ins 2008 No. 14 s 12\n(sec.112I-ssec.1) The board must give the Minister a written report about the application.\n(sec.112I-ssec.2) The report must contain— the board’s recommendation about whether the Minister should grant the application; and if the board recommends that the Minister grant the application—any recommendation by the board that the Minister impose a condition on the approval.\n(sec.112I-ssec.3) In this section— recommendation includes reasons for the recommendation.\n- (a) the board’s recommendation about whether the Minister should grant the application; and\n- (b) if the board recommends that the Minister grant the application—any recommendation by the board that the Minister impose a condition on the approval.","sortOrder":222},{"sectionNumber":"pt.6A-div.5","sectionType":"division","heading":"Decision of Minister","content":"## Decision of Minister","sortOrder":223},{"sectionNumber":"sec.112J","sectionType":"section","heading":"Decision on application","content":"### sec.112J Decision on application\n\nThe Minister must consider the application and decide to either grant, or refuse to grant, the application.\nWhen considering the application, the Minister must have regard to the board’s report on the application but is not bound by any recommendation contained in the report.\nThe Minister may grant the application only if the Minister is satisfied that—\nfor an application for approval—the proposed assessment scheme is suitable for approval; or\nfor an application for renewal—the assessment scheme continues to be suitable for approval; or\nfor an application for variation—the assessment scheme as proposed to be varied is suitable for approval.\nThe Minister may, in granting the application, decide to impose conditions on the approval that are reasonable and relevant.\ns 112J ins 2008 No. 14 s 12\n(sec.112J-ssec.1) The Minister must consider the application and decide to either grant, or refuse to grant, the application.\n(sec.112J-ssec.2) When considering the application, the Minister must have regard to the board’s report on the application but is not bound by any recommendation contained in the report.\n(sec.112J-ssec.3) The Minister may grant the application only if the Minister is satisfied that— for an application for approval—the proposed assessment scheme is suitable for approval; or for an application for renewal—the assessment scheme continues to be suitable for approval; or for an application for variation—the assessment scheme as proposed to be varied is suitable for approval.\n(sec.112J-ssec.4) The Minister may, in granting the application, decide to impose conditions on the approval that are reasonable and relevant.\n- (a) for an application for approval—the proposed assessment scheme is suitable for approval; or\n- (b) for an application for renewal—the assessment scheme continues to be suitable for approval; or\n- (c) for an application for variation—the assessment scheme as proposed to be varied is suitable for approval.","sortOrder":224},{"sectionNumber":"sec.112K","sectionType":"section","heading":"Grant of application","content":"### sec.112K Grant of application\n\nIf the Minister decides to grant the application without conditions, the Minister must as soon as practicable give the applicant notice of the decision.\ns 112K ins 2008 No. 14 s 12","sortOrder":225},{"sectionNumber":"sec.112L","sectionType":"section","heading":"Grant of application with conditions","content":"### sec.112L Grant of application with conditions\n\nIf the Minister proposes to grant the application with conditions, the Minister must give the applicant a notice stating the following—\nthe Minister proposes to grant the application with conditions (the proposed decision );\nthe proposed conditions;\nthe reasons for the proposed decision;\nthat the applicant may make, within 28 days of receiving the notice, written representations to the Minister about the proposed decision.\nThe Minister must consider all written representations about the proposed decision (the accepted representations ) made by the applicant within 28 days of receiving the notice under subsection (1) .\nAfter considering the accepted representations, or if there are no accepted representations, the Minister must decide to grant the application with, or without, conditions.\nThe Minister may impose any conditions under subsection (3) that are reasonable and relevant.\nThe Minister must, as soon as practicable after making a decision under subsection (3) , give the applicant—\nfor a decision to grant the application without conditions—notice of the decision; or\nfor a decision to grant the application with conditions—notice of the decision and reasons for the decision.\ns 112L ins 2008 No. 14 s 12\n(sec.112L-ssec.1) If the Minister proposes to grant the application with conditions, the Minister must give the applicant a notice stating the following— the Minister proposes to grant the application with conditions (the proposed decision ); the proposed conditions; the reasons for the proposed decision; that the applicant may make, within 28 days of receiving the notice, written representations to the Minister about the proposed decision.\n(sec.112L-ssec.2) The Minister must consider all written representations about the proposed decision (the accepted representations ) made by the applicant within 28 days of receiving the notice under subsection (1) .\n(sec.112L-ssec.3) After considering the accepted representations, or if there are no accepted representations, the Minister must decide to grant the application with, or without, conditions.\n(sec.112L-ssec.4) The Minister may impose any conditions under subsection (3) that are reasonable and relevant.\n(sec.112L-ssec.5) The Minister must, as soon as practicable after making a decision under subsection (3) , give the applicant— for a decision to grant the application without conditions—notice of the decision; or for a decision to grant the application with conditions—notice of the decision and reasons for the decision.\n- (a) the Minister proposes to grant the application with conditions (the proposed decision );\n- (b) the proposed conditions;\n- (c) the reasons for the proposed decision;\n- (d) that the applicant may make, within 28 days of receiving the notice, written representations to the Minister about the proposed decision.\n- (a) for a decision to grant the application without conditions—notice of the decision; or\n- (b) for a decision to grant the application with conditions—notice of the decision and reasons for the decision.","sortOrder":226},{"sectionNumber":"sec.112M","sectionType":"section","heading":"Refusal of application","content":"### sec.112M Refusal of application\n\nIf the Minister proposes to refuse to grant the application, the Minister must give the applicant a notice stating the following—\nthe Minister proposes to refuse to grant the application (the proposed decision );\nthe reasons for the proposed decision;\nthat the applicant may make, within 28 days of receiving the notice, written representations to the Minister about the proposed decision.\nThe Minister must consider all written representations about the proposed decision (the accepted representations ) made by the applicant within 28 days of receiving the notice under subsection (1) .\nAfter considering the accepted representations, or if there are no accepted representations, the Minister must decide—\nto grant the application, with or without conditions; or\nto refuse to grant the application.\nAs soon as practicable after deciding under subsection (3) , the Minister must give the applicant—\nfor a decision to grant the application without conditions—notice of the decision; or\nfor a decision to grant the application with conditions or to refuse to grant the application—notice of the decision and reasons for the decision.\nTo remove any doubt, it is declared that section 112L does not apply in relation to conditions imposed under this section.\ns 112M ins 2008 No. 14 s 12\n(sec.112M-ssec.1) If the Minister proposes to refuse to grant the application, the Minister must give the applicant a notice stating the following— the Minister proposes to refuse to grant the application (the proposed decision ); the reasons for the proposed decision; that the applicant may make, within 28 days of receiving the notice, written representations to the Minister about the proposed decision.\n(sec.112M-ssec.2) The Minister must consider all written representations about the proposed decision (the accepted representations ) made by the applicant within 28 days of receiving the notice under subsection (1) .\n(sec.112M-ssec.3) After considering the accepted representations, or if there are no accepted representations, the Minister must decide— to grant the application, with or without conditions; or to refuse to grant the application.\n(sec.112M-ssec.4) As soon as practicable after deciding under subsection (3) , the Minister must give the applicant— for a decision to grant the application without conditions—notice of the decision; or for a decision to grant the application with conditions or to refuse to grant the application—notice of the decision and reasons for the decision.\n(sec.112M-ssec.5) To remove any doubt, it is declared that section 112L does not apply in relation to conditions imposed under this section.\n- (a) the Minister proposes to refuse to grant the application (the proposed decision );\n- (b) the reasons for the proposed decision;\n- (c) that the applicant may make, within 28 days of receiving the notice, written representations to the Minister about the proposed decision.\n- (a) to grant the application, with or without conditions; or\n- (b) to refuse to grant the application.\n- (a) for a decision to grant the application without conditions—notice of the decision; or\n- (b) for a decision to grant the application with conditions or to refuse to grant the application—notice of the decision and reasons for the decision.","sortOrder":227},{"sectionNumber":"pt.6A-div.6","sectionType":"division","heading":"Term of approval","content":"## Term of approval","sortOrder":228},{"sectionNumber":"sec.112N","sectionType":"section","heading":"Term of approval","content":"### sec.112N Term of approval\n\nUnless sooner cancelled, suspended or otherwise ended, an approval under this part remains in force for the term decided by the Minister when granting an application for approval or renewal.\nA term under subsection (1) must not be more than 5 years.\nA variation of an approval under this part does not extend the term of the approval.\ns 112N ins 2008 No. 14 s 12\n(sec.112N-ssec.1) Unless sooner cancelled, suspended or otherwise ended, an approval under this part remains in force for the term decided by the Minister when granting an application for approval or renewal.\n(sec.112N-ssec.2) A term under subsection (1) must not be more than 5 years.\n(sec.112N-ssec.3) A variation of an approval under this part does not extend the term of the approval.","sortOrder":229},{"sectionNumber":"sec.112O","sectionType":"section","heading":"Approval continues pending decision about renewal","content":"### sec.112O Approval continues pending decision about renewal\n\nIf an assessment entity applies for renewal of approval of an assessment scheme under section 112D , the approval of the assessment scheme is taken to continue in force from the day it would, apart from this subsection, have ended until the day on which any of the following first happens—\nthe Minister renews the approval;\nif the Minister decides to refuse to grant the renewal, the Minister gives the assessment entity notice of the decision;\nthe assessment entity is taken to have withdrawn the application under section 112H (3) .\nIf the Minister renews the approval, the approval is taken to have been renewed from the day it would, apart from subsection (1) , have ended.\nSubsection (1) does not apply if the approval of the assessment scheme is earlier cancelled or suspended.\ns 112O ins 2008 No. 14 s 12\n(sec.112O-ssec.1) If an assessment entity applies for renewal of approval of an assessment scheme under section 112D , the approval of the assessment scheme is taken to continue in force from the day it would, apart from this subsection, have ended until the day on which any of the following first happens— the Minister renews the approval; if the Minister decides to refuse to grant the renewal, the Minister gives the assessment entity notice of the decision; the assessment entity is taken to have withdrawn the application under section 112H (3) .\n(sec.112O-ssec.2) If the Minister renews the approval, the approval is taken to have been renewed from the day it would, apart from subsection (1) , have ended.\n(sec.112O-ssec.3) Subsection (1) does not apply if the approval of the assessment scheme is earlier cancelled or suspended.\n- (a) the Minister renews the approval;\n- (b) if the Minister decides to refuse to grant the renewal, the Minister gives the assessment entity notice of the decision;\n- (c) the assessment entity is taken to have withdrawn the application under section 112H (3) .","sortOrder":230},{"sectionNumber":"pt.6A-div.7","sectionType":"division","heading":"Cancellation, suspension and surrender of approval","content":"## Cancellation, suspension and surrender of approval","sortOrder":231},{"sectionNumber":"sec.112P","sectionType":"section","heading":"Grounds for cancellation and suspension","content":"### sec.112P Grounds for cancellation and suspension\n\nEach of the following is a ground for cancelling or suspending the approval of an assessment scheme—\nthe assessment scheme stops being suitable for approval;\nthe assessment entity for the scheme has intentionally or recklessly assessed an applicant for registration under section 8 as having the qualifications and competencies provided for under the scheme and the applicant does not have those qualifications or competencies;\nthe approval was granted because of a materially false or misleading representation or declaration;\nthe assessment entity for the scheme has contravened a condition of the approval;\nthe assessment entity for the scheme has contravened a provision of this Act.\ns 112P ins 2008 No. 14 s 12\n- (a) the assessment scheme stops being suitable for approval;\n- (b) the assessment entity for the scheme has intentionally or recklessly assessed an applicant for registration under section 8 as having the qualifications and competencies provided for under the scheme and the applicant does not have those qualifications or competencies;\n- (c) the approval was granted because of a materially false or misleading representation or declaration;\n- (d) the assessment entity for the scheme has contravened a condition of the approval;\n- (e) the assessment entity for the scheme has contravened a provision of this Act.","sortOrder":232},{"sectionNumber":"sec.112Q","sectionType":"section","heading":"Show cause notice","content":"### sec.112Q Show cause notice\n\nThis section applies if—\nthe Minister believes a ground exists to cancel or suspend the approval of an assessment scheme; and\nthe Minister proposes to cancel or suspend the approval (the proposed action ).\nThe Minister must give the assessment entity for the assessment scheme a notice (a show cause notice ) stating the following—\nthe proposed action;\nif proposing to suspend an approval—the period of the proposed suspension;\nthe grounds for the cancellation or suspension;\nan outline of the facts and circumstances forming the basis for the grounds;\nthat the assessment entity may make, within a stated period (the show cause period ), written representations explaining why the approval should not be cancelled or suspended.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the assessment entity.\ns 112Q ins 2008 No. 14 s 12\n(sec.112Q-ssec.1) This section applies if— the Minister believes a ground exists to cancel or suspend the approval of an assessment scheme; and the Minister proposes to cancel or suspend the approval (the proposed action ).\n(sec.112Q-ssec.2) The Minister must give the assessment entity for the assessment scheme a notice (a show cause notice ) stating the following— the proposed action; if proposing to suspend an approval—the period of the proposed suspension; the grounds for the cancellation or suspension; an outline of the facts and circumstances forming the basis for the grounds; that the assessment entity may make, within a stated period (the show cause period ), written representations explaining why the approval should not be cancelled or suspended.\n(sec.112Q-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the assessment entity.\n- (a) the Minister believes a ground exists to cancel or suspend the approval of an assessment scheme; and\n- (b) the Minister proposes to cancel or suspend the approval (the proposed action ).\n- (a) the proposed action;\n- (b) if proposing to suspend an approval—the period of the proposed suspension;\n- (c) the grounds for the cancellation or suspension;\n- (d) an outline of the facts and circumstances forming the basis for the grounds;\n- (e) that the assessment entity may make, within a stated period (the show cause period ), written representations explaining why the approval should not be cancelled or suspended.","sortOrder":233},{"sectionNumber":"sec.112R","sectionType":"section","heading":"Consideration of representations","content":"### sec.112R Consideration of representations\n\nThe Minister must consider all written representations (the accepted representations ) made in the show cause period by the assessment entity.\ns 112R ins 2008 No. 14 s 12","sortOrder":234},{"sectionNumber":"sec.112S","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.112S Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the Minister no longer believes the ground exists to take the proposed action, the Minister—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the assessment entity that no further action is to be taken about the show cause notice.\ns 112S ins 2008 No. 14 s 12\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the assessment entity that no further action is to be taken about the show cause notice.","sortOrder":235},{"sectionNumber":"sec.112T","sectionType":"section","heading":"Cancellation or suspension of approval","content":"### sec.112T Cancellation or suspension of approval\n\nThis section applies if, after considering the accepted representations for the show cause notice, the Minister—\nstill believes the ground exists to cancel or suspend the approval; and\nbelieves cancellation or suspension is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe Minister may—\nif the proposed action was to cancel the approval—cancel the approval or suspend it for a period; or\nif the proposed action was to suspend the approval for a period—suspend the approval for not longer than that period.\nIf the Minister decides to cancel or suspend the approval of the assessment scheme, the Minister must give the assessment entity notice of the decision and the reasons for the decision.\nThe decision takes effect—\non the day the notice is given to the assessment entity; or\nif a later day is stated in the notice—on the later day.\ns 112T ins 2008 No. 14 s 12\n(sec.112T-ssec.1) This section applies if, after considering the accepted representations for the show cause notice, the Minister— still believes the ground exists to cancel or suspend the approval; and believes cancellation or suspension is warranted.\n(sec.112T-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.112T-ssec.3) The Minister may— if the proposed action was to cancel the approval—cancel the approval or suspend it for a period; or if the proposed action was to suspend the approval for a period—suspend the approval for not longer than that period.\n(sec.112T-ssec.4) If the Minister decides to cancel or suspend the approval of the assessment scheme, the Minister must give the assessment entity notice of the decision and the reasons for the decision.\n(sec.112T-ssec.5) The decision takes effect— on the day the notice is given to the assessment entity; or if a later day is stated in the notice—on the later day.\n- (a) still believes the ground exists to cancel or suspend the approval; and\n- (b) believes cancellation or suspension is warranted.\n- (a) if the proposed action was to cancel the approval—cancel the approval or suspend it for a period; or\n- (b) if the proposed action was to suspend the approval for a period—suspend the approval for not longer than that period.\n- (a) on the day the notice is given to the assessment entity; or\n- (b) if a later day is stated in the notice—on the later day.","sortOrder":236},{"sectionNumber":"sec.112U","sectionType":"section","heading":"Voluntary surrender of approval","content":"### sec.112U Voluntary surrender of approval\n\nThe assessment entity for an assessment scheme may surrender the approval for the scheme by notice given to the Minister.\nThe surrender of the approval takes effect—\n90 days after the day the notice is given to the Minister; or\nif a later day is stated in the notice, on the later day.\ns 112U ins 2008 No. 14 s 12\n(sec.112U-ssec.1) The assessment entity for an assessment scheme may surrender the approval for the scheme by notice given to the Minister.\n(sec.112U-ssec.2) The surrender of the approval takes effect— 90 days after the day the notice is given to the Minister; or if a later day is stated in the notice, on the later day.\n- (a) 90 days after the day the notice is given to the Minister; or\n- (b) if a later day is stated in the notice, on the later day.","sortOrder":237},{"sectionNumber":"pt.6A-div.8","sectionType":"division","heading":"Record of assessment entities","content":"## Record of assessment entities","sortOrder":238},{"sectionNumber":"sec.112V","sectionType":"section","heading":"Record of assessment entities","content":"### sec.112V Record of assessment entities\n\nThe board must keep a record stating each of the following—\nthe name of each assessment entity;\nthe contact details for the entity;\nthe areas of engineering for which the entity conducts an assessment scheme.\nThe board must—\npublish the record on the board’s website; and\nkeep the record 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 all or part of the record.\ns 112V ins 2008 No. 14 s 12\namd 2020 No. 24 s 153 s ch 1 pt 1 ; 2022 No. 11 s 56\n(sec.112V-ssec.1) The board must keep a record stating each of the following— the name of each assessment entity; the contact details for the entity; the areas of engineering for which the entity conducts an assessment scheme.\n(sec.112V-ssec.2) The board must— publish the record on the board’s website; and keep the record 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 all or part of the record.\n- (a) the name of each assessment entity;\n- (b) the contact details for the entity;\n- (c) the areas of engineering for which the entity conducts an assessment scheme.\n- (a) publish the record on the board’s website; and\n- (b) keep the record 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 all or part of the record.","sortOrder":239},{"sectionNumber":"pt.7","sectionType":"part","heading":"Other offence provisions","content":"# Other offence provisions","sortOrder":240},{"sectionNumber":"sec.113","sectionType":"section","heading":"Claims about being a registered professional engineer","content":"### sec.113 Claims about being a registered professional engineer\n\nA person who is not a registered professional engineer must not—\nclaim, or hold himself or herself out, to be a registered professional engineer; or\nallow himself or herself to be held out as a registered professional engineer.\nMaximum penalty—1000 penalty units.\nA person must not hold out another person as a registered professional engineer if the person knows or ought reasonably to know the other person is not a registered professional engineer.\nMaximum penalty—1000 penalty units.\n(sec.113-ssec.1) A person who is not a registered professional engineer must not— claim, or hold himself or herself out, to be a registered professional engineer; or allow himself or herself to be held out as a registered professional engineer. Maximum penalty—1000 penalty units.\n(sec.113-ssec.2) A person must not hold out another person as a registered professional engineer if the person knows or ought reasonably to know the other person is not a registered professional engineer. Maximum penalty—1000 penalty units.\n- (a) claim, or hold himself or herself out, to be a registered professional engineer; or\n- (b) allow himself or herself to be held out as a registered professional engineer.","sortOrder":241},{"sectionNumber":"sec.114","sectionType":"section","heading":"Using titles or names","content":"### sec.114 Using titles or names\n\nA person who is not a registered professional engineer must not use—\nthe titles ‘registered professional engineer’, ‘registered professional engineer of Queensland’ or ‘RPEQ’; 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 a registered professional engineer.\nMaximum penalty—1000 penalty units.\n- (a) the titles ‘registered professional engineer’, ‘registered professional engineer of Queensland’ or ‘RPEQ’; 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 a registered professional engineer.","sortOrder":242},{"sectionNumber":"sec.115","sectionType":"section","heading":"Who may carry out professional engineering services","content":"### sec.115 Who may carry out professional engineering services\n\nA person who is not a practising professional engineer must not carry out professional engineering services.\nMaximum penalty—1000 penalty units.\nHowever, a person does not commit an offence under subsection (1) if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is responsible for the services.\nA person who is a practising professional engineer must not carry out professional engineering services in an area of engineering other than an area of engineering for which the person is registered under this Act.\nMaximum penalty—1000 penalty units.\nHowever, a person does not commit an offence under subsection (3) if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is registered in the area of engineering and responsible for the services.\nFor this section, a person carries out professional engineering services under the direct supervision of a practising professional engineer only if the engineer directs the person in the carrying out of the services and oversees and evaluates the carrying out of the services by the person.\nSee also section 6A in relation to the potential application of this section outside Queensland.\ns 115 amd 2008 No 14 s 55; 2014 No. 56 s 17\n(sec.115-ssec.1) A person who is not a practising professional engineer must not carry out professional engineering services. Maximum penalty—1000 penalty units.\n(sec.115-ssec.2) However, a person does not commit an offence under subsection (1) if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is responsible for the services.\n(sec.115-ssec.3) A person who is a practising professional engineer must not carry out professional engineering services in an area of engineering other than an area of engineering for which the person is registered under this Act. Maximum penalty—1000 penalty units.\n(sec.115-ssec.4) However, a person does not commit an offence under subsection (3) if the person carries out the professional engineering services under the direct supervision of a practising professional engineer who is registered in the area of engineering and responsible for the services.\n(sec.115-ssec.5) For this section, a person carries out professional engineering services under the direct supervision of a practising professional engineer only if the engineer directs the person in the carrying out of the services and oversees and evaluates the carrying out of the services by the person. See also section 6A in relation to the potential application of this section outside Queensland.","sortOrder":243},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2008 No. 14 s 56","sortOrder":244},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2008 No. 14 s 56","sortOrder":245},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 om 2008 No. 14 s 56","sortOrder":246},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 om 2008 No. 14 s 56","sortOrder":247},{"sectionNumber":"pt.8","sectionType":"part","heading":"Reviews and disciplinary proceedings","content":"# Reviews and disciplinary proceedings","sortOrder":248},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Reviews","content":"## Reviews","sortOrder":249},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 om 2009 No. 24 s 1662","sortOrder":250},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 om 2003 No. 30 s 169 sch 1","sortOrder":251},{"sectionNumber":"sec.122","sectionType":"section","heading":"Review of particular decisions","content":"### sec.122 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 to review the decision mentioned 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 subject to conditions imposed by the board under section 13 (2) , 21 (2) , 25 (2) or 27A (1) ;\na person whose registration is cancelled under section 29 (4) ;\na person whose registration is immediately suspended under section 29A (2) ;\na person who is required to undergo a health assessment under section 35E (2) ;\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 122 amd 2003 No. 30 s 169 sch 1 ; 2008 No. 14 s 57 ; 2009 No. 24 s 1664 ; 2014 No. 56 s 18 ; 2020 No. 24 s 104\n(sec.122-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.122-ssec.2) Each of the following persons may apply, as provided under the QCAT Act , to the tribunal to review the decision mentioned 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 subject to conditions imposed by the board under section 13 (2) , 21 (2) , 25 (2) or 27A (1) ; a person whose registration is cancelled under section 29 (4) ; a person whose registration is immediately suspended under section 29A (2) ; a person who is required to undergo a health assessment under section 35E (2) ; 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 subject to conditions imposed by the board under section 13 (2) , 21 (2) , 25 (2) or 27A (1) ;\n- (d) a person whose registration is cancelled under section 29 (4) ;\n- (e) a person whose registration is immediately suspended under section 29A (2) ;\n- (f) a person who is required to undergo a health assessment under section 35E (2) ;\n- (g) 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- (h) a person who, under section 73 (2) (c) or 75 (2) (c) , has been cautioned or reprimanded;\n- (i) a person whose registration is subject to a condition imposed under section 73 (2) (d) ;\n- (j) a person who makes a complaint if the board decides, under section 73 (2) (e) , to take no further action about the complaint.","sortOrder":252},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 om 2003 No. 30 s 169 sch 1","sortOrder":253},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 amd 2003 No. 30 s 169 sch 1 ; 2008 No. 14 s 58\nom 2009 No. 24 s 1665","sortOrder":254},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 om 2003 No. 30 s 169 sch 1","sortOrder":255},{"sectionNumber":"sec.126","sectionType":"section","heading":"Information about review","content":"### sec.126 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 122 (2) .\nThe board must publish on the board’s website the information mentioned in subsection (1) .\ns 126 amd 2022 No. 11 s 57\n(sec.126-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 122 (2) .\n(sec.126-ssec.2) The board must publish on the board’s website the information mentioned in subsection (1) .","sortOrder":256},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Disciplinary proceedings","content":"## Disciplinary proceedings","sortOrder":257},{"sectionNumber":"sec.127","sectionType":"section","heading":"Tribunal may conduct disciplinary proceeding","content":"### sec.127 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":258},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 amd 2008 No. 14 s 13\nom 2009 No. 24 s 1667","sortOrder":259},{"sectionNumber":"sec.129","sectionType":"section","heading":"Tribunal to have regard to code of practice","content":"### sec.129 Tribunal to have regard to code of practice\n\nIf the tribunal is making a decision about whether a registered professional engineer or former registered professional engineer has behaved in a way that constitutes unsatisfactory professional conduct or practice, the tribunal must have regard to the approved code of practice.\ns 129 amd 2008 No. 14 s 14","sortOrder":260},{"sectionNumber":"sec.130","sectionType":"section","heading":"Continuation of particular proceeding","content":"### sec.130 Continuation of particular proceeding\n\nThis section applies if, after a disciplinary proceeding is started against a person, the person ceases to be a registered professional engineer.\nThe proceeding may continue under this part.\n(sec.130-ssec.1) This section applies if, after a disciplinary proceeding is started against a person, the person ceases to be a registered professional engineer.\n(sec.130-ssec.2) The proceeding may continue under this part.","sortOrder":261},{"sectionNumber":"sec.131","sectionType":"section","heading":"Orders relating to registered professional engineer","content":"### sec.131 Orders relating to registered professional engineer\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 registered professional engineer.\nThe tribunal may order the registered professional engineer to pay a stated amount of not more than the equivalent of 200 penalty units.\nAlso, the tribunal may make an order—\nreprimanding the registered professional engineer; or\nimposing a condition on the registered professional engineer’s registration including, for example, to submit to an audit of the engineer’s practice of engineering; or\nsuspending the registered professional engineer’s registration for a stated period; or\ncancelling the registered professional engineer’s registration; or\ndisqualifying, indefinitely or for a stated period, the registered professional engineer from obtaining registration as a registered professional engineer; or\nrequiring the registered professional engineer to pay an amount to the board as compensation for all, or a part of, the reasonable costs of any investigation 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) (f) may direct that, if the registered professional engineer does not pay the amount within the period stated in the order, the registered professional engineer’s registration be suspended until the amount is paid.\nIf the registered professional engineer 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 under subsection (5) takes effect immediately after the end of the stated period.\nSubsection (3) (f) does not limit the powers of the tribunal under the QCAT Act , chapter 2 , part 6 , division 6 .\ns 131 amd 2008 No. 14 s 15 ; 2014 No. 56 s 19\n(sec.131-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 registered professional engineer.\n(sec.131-ssec.2) The tribunal may order the registered professional engineer to pay a stated amount of not more than the equivalent of 200 penalty units.\n(sec.131-ssec.3) Also, the tribunal may make an order— reprimanding the registered professional engineer; or imposing a condition on the registered professional engineer’s registration including, for example, to submit to an audit of the engineer’s practice of engineering; or suspending the registered professional engineer’s registration for a stated period; or cancelling the registered professional engineer’s registration; or disqualifying, indefinitely or for a stated period, the registered professional engineer from obtaining registration as a registered professional engineer; or requiring the registered professional engineer to pay an amount to the board as compensation for all, or a part of, the reasonable costs of any investigation about the matter the subject of the proceeding, including the costs of preparing for the proceeding.\n(sec.131-ssec.4) An order for payment of an amount under subsection (2) or (3) (f) may direct that, if the registered professional engineer does not pay the amount within the period stated in the order, the registered professional engineer’s registration be suspended until the amount is paid.\n(sec.131-ssec.5) If the registered professional engineer 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.131-ssec.6) The suspension under subsection (5) takes effect immediately after the end of the stated period.\n(sec.131-ssec.7) Subsection (3) (f) 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 registered professional engineer.\n- (a) reprimanding the registered professional engineer; or\n- (b) imposing a condition on the registered professional engineer’s registration including, for example, to submit to an audit of the engineer’s practice of engineering; or\n- (c) suspending the registered professional engineer’s registration for a stated period; or\n- (d) cancelling the registered professional engineer’s registration; or\n- (e) disqualifying, indefinitely or for a stated period, the registered professional engineer from obtaining registration as a registered professional engineer; or\n- (f) requiring the registered professional engineer to pay an amount to the board as compensation for all, or a part of, the reasonable costs of any investigation 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":262},{"sectionNumber":"sec.132","sectionType":"section","heading":"Orders relating to former registered professional engineer","content":"### sec.132 Orders relating to former registered professional engineer\n\nThis section applies if the tribunal decides that a disciplinary ground is established against a person who is not a registered professional engineer 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 a registered professional engineer.\ns 132 amd 2008 No. 14 s 16\n(sec.132-ssec.1) This section applies if the tribunal decides that a disciplinary ground is established against a person who is not a registered professional engineer at the time of the tribunal’s decision.\n(sec.132-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 a registered professional engineer.\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 a registered professional engineer.\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 a registered professional engineer.\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 a registered professional engineer.","sortOrder":263},{"sectionNumber":"sec.133","sectionType":"section","heading":"Effect of particular orders","content":"### sec.133 Effect of particular orders\n\nAn order under section 131 (2) or 132 (2) (b) (i) must order that the amount be paid to the board.\nIf the tribunal makes an order under section 131 (3) (e) or 132 (2) (b) (iii) about a person, the board must not—\nif the disqualification is indefinite—re-register the person; or\nif the disqualification is for a stated period—re-register the person during the period stated in the order.\ns 133 amd 2008 No. 14 s 17\n(sec.133-ssec.1) An order under section 131 (2) or 132 (2) (b) (i) must order that the amount be paid to the board.\n(sec.133-ssec.2) If the tribunal makes an order under section 131 (3) (e) or 132 (2) (b) (iii) about a person, the board must not— if the disqualification is indefinite—re-register the person; or if the disqualification is for a stated period—re-register the person during the period stated in the order.\n- (a) if the disqualification is indefinite—re-register the person; or\n- (b) if the disqualification is for a stated period—re-register the person during the period stated in the order.","sortOrder":264},{"sectionNumber":"sec.134","sectionType":"section","heading":"Recording details of orders","content":"### sec.134 Recording details of orders\n\nIf the tribunal makes an order about a person under section 131 (2) or (3) or section 132 (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":265},{"sectionNumber":"pt.9","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":266},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":267},{"sectionNumber":"sec.135","sectionType":"section","heading":"Application of div 1","content":"### sec.135 Application of div 1\n\nThis division applies to a proceeding for an offence against this Act or a disciplinary proceeding.","sortOrder":268},{"sectionNumber":"sec.136","sectionType":"section","heading":"Appointments and authority","content":"### sec.136 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":269},{"sectionNumber":"sec.137","sectionType":"section","heading":"Signatures","content":"### sec.137 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":270},{"sectionNumber":"sec.138","sectionType":"section","heading":"Evidentiary matters","content":"### sec.138 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;\nan order, direction, requirement, notice or decision;\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;\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 or approval was cancelled;\non a stated day, or during a stated period, a registration or approval 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.\ns 138 amd 2008 No. 14 s 59\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment; (ii) an order, direction, requirement, notice or decision; (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;\n- (ii) an order, direction, requirement, notice or decision;\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;\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 or approval was cancelled;\n- (g) on a stated day, or during a stated period, a registration or approval 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;\n- (ii) an order, direction, requirement, notice or decision;\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":271},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":272},{"sectionNumber":"sec.139","sectionType":"section","heading":"Proceedings for offences","content":"### sec.139 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 139 amd 2008 No. 14 s 18 ; 2014 No. 56 s 20\nsub 2020 No. 24 s 105\n(sec.139-ssec.1) A proceeding for an offence against this Act is to be heard and decided summarily.\n(sec.139-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":273},{"sectionNumber":"sec.140","sectionType":"section","heading":"False or misleading information or statements","content":"### sec.140 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":274},{"sectionNumber":"sec.140A","sectionType":"section","heading":"Costs of investigation","content":"### sec.140A 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 a part of, the reasonable costs of any 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 140A ins 2014 No. 56 s 21\n(sec.140A-ssec.1) This section applies if a court finds a person guilty of an offence against this Act.\n(sec.140A-ssec.2) The court may make an order requiring the person to pay an amount to the board as compensation for all, or a part of, the reasonable costs of any investigation by the board about the offence, including the costs of preparing for the prosecution.\n(sec.140A-ssec.3) This section does not limit the orders for costs the court may make on the finding of guilt.","sortOrder":275},{"sectionNumber":"pt.10","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":276},{"sectionNumber":"sec.141","sectionType":"section","heading":"Performance and carrying out of professional engineering services by particular entities","content":"### sec.141 Performance and carrying out of professional engineering services by particular entities\n\nThis section applies to—\na person who is not a practising professional engineer if the person, in performing, or undertaking to perform, professional engineering services for someone (the client )—\nclaims, or holds himself or herself out, to be a practising professional engineer; or\nallows himself or herself to be held out as a practising professional engineer; or\nanother person if—\nthe person, in providing, or undertaking to provide, professional engineering 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 a practising professional engineer; and\nthe services are not carried out by or under the direct supervision of a practising professional engineer who is responsible for the services.\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 professional engineering services.\nFor this section a person carries out professional engineering services under the direct supervision of a practising professional engineer only if the engineer directs the person in the carrying out the services and oversees and evaluates the carrying out of the services by the person.\ns 141 amd 2008 No. 14 s 60 ; 2014 No. 56 s 22\n(sec.141-ssec.1) This section applies to— a person who is not a practising professional engineer if the person, in performing, or undertaking to perform, professional engineering services for someone (the client )— claims, or holds himself or herself out, to be a practising professional engineer; or allows himself or herself to be held out as a practising professional engineer; or another person if— the person, in providing, or undertaking to provide, professional engineering 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 a practising professional engineer; and the services are not carried out by or under the direct supervision of a practising professional engineer who is responsible for the services.\n(sec.141-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 professional engineering services.\n(sec.141-ssec.3) For this section a person carries out professional engineering services under the direct supervision of a practising professional engineer only if the engineer directs the person in the carrying out the services and oversees and evaluates the carrying out of the services by the person.\n- (a) a person who is not a practising professional engineer if the person, in performing, or undertaking to perform, professional engineering services for someone (the client )— (i) claims, or holds himself or herself out, to be a practising professional engineer; or (ii) allows himself or herself to be held out as a practising professional engineer; or\n- (i) claims, or holds himself or herself out, to be a practising professional engineer; or\n- (ii) allows himself or herself to be held out as a practising professional engineer; or\n- (b) another person if— (i) the person, in providing, or undertaking to provide, professional engineering 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 a practising professional engineer; and (ii) the services are not carried out by or under the direct supervision of a practising professional engineer who is responsible for the services.\n- (i) the person, in providing, or undertaking to provide, professional engineering 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 a practising professional engineer; and\n- (ii) the services are not carried out by or under the direct supervision of a practising professional engineer who is responsible for the services.\n- (i) claims, or holds himself or herself out, to be a practising professional engineer; or\n- (ii) allows himself or herself to be held out as a practising professional engineer; or\n- (i) the person, in providing, or undertaking to provide, professional engineering 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 a practising professional engineer; and\n- (ii) the services are not carried out by or under the direct supervision of a practising professional engineer who is responsible for the services.","sortOrder":277},{"sectionNumber":"sec.142","sectionType":"section","heading":"Protection from liability","content":"### sec.142 Protection from liability\n\nThis section applies to each of the following persons (a relevant person )—\nthe Minister;\na board 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 142 amd 2022 No. 11 s 58\n(sec.142-ssec.1) This section applies to each of the following persons (a relevant person )— the Minister; a board member; an investigator; a person engaged, under section 45 , to assist the board or an investigator; an employee of the board.\n(sec.142-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.142-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.142-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 board 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":278},{"sectionNumber":"sec.142A","sectionType":"section","heading":"Appropriation of penalties","content":"### sec.142A Appropriation of penalties\n\nA monetary penalty recovered for an offence against this Act must be paid to the board.\nThis section applies despite the Acts Interpretation Act 1954 , section 43 .\ns 142A ins 2014 No. 56 s 23\n(sec.142A-ssec.1) A monetary penalty recovered for an offence against this Act must be paid to the board.\n(sec.142A-ssec.2) This section applies despite the Acts Interpretation Act 1954 , section 43 .","sortOrder":279},{"sectionNumber":"sec.142B","sectionType":"section","heading":"Statutory declarations to verify information required under the Act","content":"### sec.142B 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 142B ins 2020 No. 24 s 106\n(sec.142B-ssec.1) This section applies if a person is required under this Act to give information to the board.\n(sec.142B-ssec.2) The board may ask the person to verify the information by statutory declaration.\n(sec.142B-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":280},{"sectionNumber":"sec.143","sectionType":"section","heading":"Approval of forms","content":"### sec.143 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":281},{"sectionNumber":"sec.144","sectionType":"section","heading":"Regulation-making power","content":"### sec.144 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, payable under 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 engineering.\n(sec.144-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.144-ssec.2) A regulation may be made about the following— fees, including the refunding of fees, payable under 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.144-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.144-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 engineering.\n- (a) fees, including the refunding of fees, payable under 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":282},{"sectionNumber":"pt.11","sectionType":"part","heading":"Repeal, transitional and validating provisions","content":"# Repeal, transitional and validating provisions","sortOrder":283},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":284},{"sectionNumber":"sec.145","sectionType":"section","heading":"Repeal of Professional Engineers Act 1988","content":"### sec.145 Repeal of Professional Engineers Act 1988\n\nThe Professional Engineers Act 1988 ( 1988 Act No. 72 ) is repealed.","sortOrder":285},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Transitional provisions for Act No. 54 of 2002","content":"## Transitional provisions for Act No. 54 of 2002","sortOrder":286},{"sectionNumber":"sec.146","sectionType":"section","heading":"Definitions for div 2","content":"### sec.146 Definitions for div 2\n\ncommencement means the commencement of the provision in which the term is used.\ndisciplinary panel means the Professional Engineers Disciplinary Panel established under the repealed Act.\nformer board means the Board of Professional Engineers of Queensland established under the repealed Act.\nregistered professional engineering company means an entity that, immediately before the commencement, is registered as a registered professional engineering company under part 5 of the repealed Act.\nregistered professional engineering unit means an entity that, immediately before the commencement, is registered as a registered professional engineering unit under part 6 of the repealed Act.","sortOrder":287},{"sectionNumber":"sec.147","sectionType":"section","heading":"References to repealed Act","content":"### sec.147 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":288},{"sectionNumber":"sec.148","sectionType":"section","heading":"References to former board","content":"### sec.148 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":289},{"sectionNumber":"sec.149","sectionType":"section","heading":"Dissolution of former board","content":"### sec.149 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.149-ssec.1) On the commencement— the former board is dissolved; and the members of the board go out of office.\n(sec.149-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":290},{"sectionNumber":"sec.150","sectionType":"section","heading":"Particular members of former board continue in office","content":"### sec.150 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 149 of this Act.\nDespite section 12 of the repealed Act, the person continues as a member of the former board until it is dissolved under section 149 of this Act.\n(sec.150-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 149 of this Act.\n(sec.150-ssec.2) Despite section 12 of the repealed Act, the person continues as a member of the former board until it is dissolved under section 149 of this Act.","sortOrder":291},{"sectionNumber":"sec.151","sectionType":"section","heading":"First appointment of particular member","content":"### sec.151 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 7 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.151-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 7 of the repealed Act before the commencement.\n(sec.151-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":292},{"sectionNumber":"sec.152","sectionType":"section","heading":"Employees of former board","content":"### sec.152 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.152-ssec.1) This section applies to a person who, immediately before the commencement, was an employee of the former board.\n(sec.152-ssec.2) On the commencement, the person becomes an employee of the board.\n(sec.152-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":293},{"sectionNumber":"sec.153","sectionType":"section","heading":"Vesting of former board’s assets, rights and liabilities","content":"### sec.153 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":294},{"sectionNumber":"sec.154","sectionType":"section","heading":"Vesting of former board’s pending legal proceedings","content":"### sec.154 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.154-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.154-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":295},{"sectionNumber":"sec.155","sectionType":"section","heading":"Dissolution of disciplinary panel","content":"### sec.155 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.155-ssec.1) On the commencement— the disciplinary panel is dissolved; and the members of the panel go out of office.\n(sec.155-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":296},{"sectionNumber":"sec.156","sectionType":"section","heading":"Complaints under repealed Act","content":"### sec.156 Complaints under repealed Act\n\nThis section applies to a complaint about an individual given to the former board under the repealed Act if the former board had not authorised an investigation of, or otherwise dealt with, the complaint under that Act before the commencement.\nThe complaint is taken to be a complaint under this Act.\n(sec.156-ssec.1) This section applies to a complaint about an individual given to the former board under the repealed Act if the former board had not authorised an investigation of, or otherwise dealt with, the complaint under that Act before the commencement.\n(sec.156-ssec.2) The complaint is taken to be a complaint under this Act.","sortOrder":297},{"sectionNumber":"sec.157","sectionType":"section","heading":"Disciplinary proceeding started before commencement","content":"### sec.157 Disciplinary proceeding started before commencement\n\nThis section applies if, under the repealed Act and before the commencement—\nthe board has laid a disciplinary charge against a registered professional engineer; 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 155.\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 60 of that Act.\nAn order of the panel under section 60 of the repealed Act has effect as if it were an order of the tribunal under section 131 or 132 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.157-ssec.1) This section applies if, under the repealed Act and before the commencement— the board has laid a disciplinary charge against a registered professional engineer; and a disciplinary panel has been formed to hear and decide the charge.\n(sec.157-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 155.\n(sec.157-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.157-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 60 of that Act.\n(sec.157-ssec.5) An order of the panel under section 60 of the repealed Act has effect as if it were an order of the tribunal under section 131 or 132 of this Act.\n(sec.157-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 board has laid a disciplinary charge against a registered professional engineer; and\n- (b) a disciplinary panel has been formed to hear and decide the charge.","sortOrder":298},{"sectionNumber":"sec.158","sectionType":"section","heading":"Continuing investigations","content":"### sec.158 Continuing investigations\n\nThis section applies to a person who, immediately before the commencement—\nis authorised as an investigator under section 45 of the repealed Act; and\nis investigating under that Act—\nthe conduct of a registered professional engineer; or\na suspected contravention of the repealed Act by a registered professional engineer.\nOn the commencement, the person is taken to be an investigator under section 48 and may continue the investigation under this Act.\nIn this section—\nregistered professional engineer means a registered professional engineer under the repealed Act.\n(sec.158-ssec.1) This section applies to a person who, immediately before the commencement— is authorised as an investigator under section 45 of the repealed Act; and is investigating under that Act— the conduct of a registered professional engineer; or a suspected contravention of the repealed Act by a registered professional engineer.\n(sec.158-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(sec.158-ssec.3) In this section— registered professional engineer means a registered professional engineer under the repealed Act.\n- (a) is authorised as an investigator under section 45 of the repealed Act; and\n- (b) is investigating under that Act— (i) the conduct of a registered professional engineer; or (ii) a suspected contravention of the repealed Act by a registered professional engineer.\n- (i) the conduct of a registered professional engineer; or\n- (ii) a suspected contravention of the repealed Act by a registered professional engineer.\n- (i) the conduct of a registered professional engineer; or\n- (ii) a suspected contravention of the repealed Act by a registered professional engineer.","sortOrder":299},{"sectionNumber":"sec.159","sectionType":"section","heading":"Appeals","content":"### sec.159 Appeals\n\nSubsection (2) applies if—\na person has appealed to the District Court under the repealed Act before the commencement against a decision or order mentioned in section 67(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 or order mentioned in section 67(1) of the repealed Act; 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.159-ssec.1) Subsection (2) applies if— a person has appealed to the District Court under the repealed Act before the commencement against a decision or order mentioned in section 67(1) of the repealed Act; and the appeal has not been decided before the commencement.\n(sec.159-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.159-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 or order mentioned in section 67(1) of the repealed Act; and the person has not appealed before the commencement.\n(sec.159-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.159-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 decision or order mentioned in section 67(1) of the repealed Act; and\n- (b) the appeal has not been decided before the commencement.\n- (a) immediately before the commencement a person could have appealed to the District Court under the repealed Act against a decision or order mentioned in section 67(1) of the repealed Act; and\n- (b) the person has not appealed before the commencement.","sortOrder":300},{"sectionNumber":"sec.160","sectionType":"section","heading":"Existing registrations—individuals","content":"### sec.160 Existing registrations—individuals\n\nThis section applies to an individual who, immediately before the commencement, was a registered professional engineer under the repealed Act.\nOn the commencement, the individual is taken to be a registered professional engineer 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.\nFor the individual’s first application for renewal or restoration of registration, the individual must state the areas of engineering for which the individual reasonably believes he or she is qualified for registration.\nIn this section—\nregistration fee means the registration fee prescribed under section 8(2)(b)(iv) for registration for not more than 6 months.\n(sec.160-ssec.1) This section applies to an individual who, immediately before the commencement, was a registered professional engineer under the repealed Act.\n(sec.160-ssec.2) On the commencement, the individual is taken to be a registered professional engineer under this Act.\n(sec.160-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.160-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.160-ssec.5) For the individual’s first application for renewal or restoration of registration, the individual must state the areas of engineering for which the individual reasonably believes he or she is qualified for registration.\n(sec.160-ssec.6) In this section— registration fee means the registration fee prescribed under section 8(2)(b)(iv) 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":301},{"sectionNumber":"sec.161","sectionType":"section","heading":"Existing registrations—divisions of engineering","content":"### sec.161 Existing registrations—divisions of engineering\n\nThis section applies—\nto an individual who, immediately before the commencement, was a registered professional engineer under the repealed Act; and\nuntil the day on which the individual’s registration is first renewed or restored under this Act.\nFor part 7 of this Act, the division of engineering in which the individual was registered under the repealed Act is taken to be the area of engineering for which the individual is registered under this Act.\n(sec.161-ssec.1) This section applies— to an individual who, immediately before the commencement, was a registered professional engineer under the repealed Act; and until the day on which the individual’s registration is first renewed or restored under this Act.\n(sec.161-ssec.2) For part 7 of this Act, the division of engineering in which the individual was registered under the repealed Act is taken to be the area of engineering for which the individual is registered under this Act.\n- (a) to an individual who, immediately before the commencement, was a registered professional engineer under the repealed Act; and\n- (b) until the day on which the individual’s registration is first renewed or restored under this Act.","sortOrder":302},{"sectionNumber":"sec.162","sectionType":"section","heading":"Existing registrations—other entities","content":"### sec.162 Existing registrations—other entities\n\nThis section applies to the following entities—\na registered professional engineering company;\na registered professional engineering unit.\nOn the commencement, the entity’s registration under part 5 or 6 of the repealed Act ceases to have effect.\n(sec.162-ssec.1) This section applies to the following entities— a registered professional engineering company; a registered professional engineering unit.\n(sec.162-ssec.2) On the commencement, the entity’s registration under part 5 or 6 of the repealed Act ceases to have effect.\n- (a) a registered professional engineering company;\n- (b) a registered professional engineering unit.","sortOrder":303},{"sectionNumber":"sec.163","sectionType":"section","heading":"Existing applications for registration","content":"### sec.163 Existing applications for registration\n\nThis section applies to an application for registration as a registered professional engineer under the repealed Act and not decided before the commencement.\nThe application must be decided under this Act.\n(sec.163-ssec.1) This section applies to an application for registration as a registered professional engineer under the repealed Act and not decided before the commencement.\n(sec.163-ssec.2) The application must be decided under this Act.","sortOrder":304},{"sectionNumber":"sec.164","sectionType":"section","heading":"Continuing effect of qualifications under repealed Act","content":"### sec.164 Continuing effect of qualifications under repealed Act\n\nSubsection (2) applies—\ndespite the repeal of the repealed Act; and\nonly before 1 July 2008.\nA person is taken to be qualified for registration under section 10(1) if the person complies with the requirements for registration under section 18(a) or (b) of the repealed Act.\ns 164 amd 2008 No. 14 s 61\n(sec.164-ssec.1) Subsection (2) applies— despite the repeal of the repealed Act; and only before 1 July 2008.\n(sec.164-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 18(a) or (b) of the repealed Act.\n- (a) despite the repeal of the repealed Act; and\n- (b) only before 1 July 2008.","sortOrder":305},{"sectionNumber":"sec.165","sectionType":"section","heading":"Refund of fees—registered professional engineering company or unit","content":"### sec.165 Refund of fees—registered professional engineering company or unit\n\nAs soon as practicable after the commencement, the board must refund to each registered professional engineering company and registered professional engineering unit 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 or unit was registered as a professional engineering company or unit in the relevant period in which this section commences.\nF means—\nif the company or unit applied for registration as a registered professional engineering company or unit in the year in which this section commences—$195; or\nif the company or unit applied for renewal of its registration as a registered professional engineering company or unit in the year in which this section commences—$121.\nrelevant period means the period from 1 April in a year to 31 March in the following year.\n(sec.165-ssec.1) As soon as practicable after the commencement, the board must refund to each registered professional engineering company and registered professional engineering unit 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 or unit was registered as a professional engineering company or unit in the relevant period in which this section commences. F means— if the company or unit applied for registration as a registered professional engineering company or unit in the year in which this section commences—$195; or if the company or unit applied for renewal of its registration as a registered professional engineering company or unit in the year in which this section commences—$121. relevant period means the period from 1 April in a year to 31 March in the following year.\n- (a) if the company or unit applied for registration as a registered professional engineering company or unit in the year in which this section commences—$195; or\n- (b) if the company or unit applied for renewal of its registration as a registered professional engineering company or unit in the year in which this section commences—$121.","sortOrder":306},{"sectionNumber":"pt.11-div.3","sectionType":"division","heading":"Validating provision","content":"## Validating provision","sortOrder":307},{"sectionNumber":"sec.166","sectionType":"section","heading":"Validating registration of professional engineers","content":"### sec.166 Validating registration of professional engineers\n\nSubsection (2) applies if the board purported to register an individual as a registered professional engineer in 1 or more areas of engineering between 1 January 2003 and 13 July 2006.\nThe purported registration of the individual is taken always to have been valid for the area or areas of engineering in which the individual is purported to be registered as if, at all relevant times, areas of engineering had been prescribed under a regulation.\ns 166 prev s 166 om R1 (see RA s 40)\npres s 166 ins 2007 No. 47 s 93\n(sec.166-ssec.1) Subsection (2) applies if the board purported to register an individual as a registered professional engineer in 1 or more areas of engineering between 1 January 2003 and 13 July 2006.\n(sec.166-ssec.2) The purported registration of the individual is taken always to have been valid for the area or areas of engineering in which the individual is purported to be registered as if, at all relevant times, areas of engineering had been prescribed under a regulation.","sortOrder":308},{"sectionNumber":"pt.11-div.4","sectionType":"division","heading":"Transitional provision for Professional Engineers and Other Legislation Amendment Act 2008, part 2","content":"## Transitional provision for Professional Engineers and Other Legislation Amendment Act 2008, part 2","sortOrder":309},{"sectionNumber":"sec.167","sectionType":"section","heading":"Certain decisions made under part 6A to have effect from 1 July 2008","content":"### sec.167 Certain decisions made under part 6A to have effect from 1 July 2008\n\nA decision of the Minister, made before 1 July 2008, under section 112J to grant an application for approval of a proposed assessment scheme, has effect from 1 July 2008.\ns 167 ins 2008 No. 14 s 20","sortOrder":310},{"sectionNumber":"pt.11-div.5","sectionType":"division","heading":"Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2008, part 3","content":"## Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2008, part 3","sortOrder":311},{"sectionNumber":"sec.168","sectionType":"section","heading":"Definitions for this division","content":"### sec.168 Definitions for this division\n\nIn this division—\ncommencement means the commencement of this division.\npre-amended Act means this Act as in force immediately before the commencement.\npreserved area of engineering means the following areas of engineering under the pre-amended Act—\naeronautical engineering;\nagricultural engineering;\nchemical engineering;\ncivil engineering;\ncomputer systems engineering;\nelectrical engineering;\nmechanical engineering;\nmetallurgical engineering;\nmining engineering;\nnaval architectural engineering.\ns 168 ins 2008 No. 14 s 62\n- (a) aeronautical engineering;\n- (b) agricultural engineering;\n- (c) chemical engineering;\n- (d) civil engineering;\n- (e) computer systems engineering;\n- (f) electrical engineering;\n- (g) mechanical engineering;\n- (h) metallurgical engineering;\n- (i) mining engineering;\n- (j) naval architectural engineering.","sortOrder":312},{"sectionNumber":"sec.169","sectionType":"section","heading":"Certain applications to be dealt with under pre-amended Act","content":"### sec.169 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.\ns 169 ins 2008 No. 14 s 62\n(sec.169-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.169-ssec.2) The pre-amended Act continues to apply to the application for the purpose of making a decision about the application.\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":313},{"sectionNumber":"sec.170","sectionType":"section","heading":"Continuing registration requirements for preserved areas of engineering","content":"### sec.170 Continuing registration requirements for preserved areas of engineering\n\nThis section applies for the purpose of having continuing registration requirements for a preserved area of engineering.\nA reference in section 16 to an area of engineering is taken to include a reference to a preserved area of engineering.\ns 170 ins 2008 No. 14 s 62\n(sec.170-ssec.1) This section applies for the purpose of having continuing registration requirements for a preserved area of engineering.\n(sec.170-ssec.2) A reference in section 16 to an area of engineering is taken to include a reference to a preserved area of engineering.","sortOrder":314},{"sectionNumber":"sec.171","sectionType":"section","heading":"Application of preserved areas of engineering to certain provisions","content":"### sec.171 Application of preserved areas of engineering to certain provisions\n\nThis section applies to the following registered professional engineers if the engineer is registered for a preserved area of engineering—\nan engineer who was registered before the commencement;\nan engineer who, under section 169, was registered after the commencement.\nFor sections 34(2)(b) and 115(3), the preserved area of engineering for which the engineer is registered is taken to be the area of engineering for which the engineer is registered.\ns 171 ins 2008 No. 14 s 62\n(sec.171-ssec.1) This section applies to the following registered professional engineers if the engineer is registered for a preserved area of engineering— an engineer who was registered before the commencement; an engineer who, under section 169, was registered after the commencement.\n(sec.171-ssec.2) For sections 34(2)(b) and 115(3), the preserved area of engineering for which the engineer is registered is taken to be the area of engineering for which the engineer is registered.\n- (a) an engineer who was registered before the commencement;\n- (b) an engineer who, under section 169, was registered after the commencement.","sortOrder":315}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":721},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2002 scope. Major expansions include: (1) 2008 amendments introduced assessment entities/schemes (Part 6A), health assessments (Part 2A), and enhanced investigation powers; (2) 2014 amendments added audit programs for registered engineers; (3) 2020 amendments substantially expanded investigator powers including entry warrants, seizure of evidence, and forfeiture provisions (Divisions 7A-7C); and (4) ongoing amendments have layered in mutual recognition safeguards, extraterritorial application, and detailed procedural requirements for administrative decisions."},"complexity_factors":["Multiple overlapping registration pathways (assessment schemes vs prescribed qualifications)","Extensive cross-referencing between Parts (e.g., registration, complaints, disciplinary proceedings, and reviews)","Nested conditional logic for fitness-to-practise assessments (section 11 lists 10+ factors with sub-factors)","Dual-track disciplinary system: Board powers vs Tribunal powers with different remedies","Transitional provisions spanning multiple amendment Acts (2002, 2003, 2008, 2014, 2020, 2022, 2024)","Defined terms scattered across Act and Schedule 2 dictionary","Extraterritorial application provisions (section 6A)","Multiple information notice requirements with varying content requirements"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's **Professional Engineers Act 2002**, which establishes a registration scheme for professional engineers to protect public safety and maintain professional standards.\n\n**Key things it covers:**\n\n- **Registration system**: Engineers must register with the Board of Professional Engineers of Queensland (BPEQ) to legally practise. There are two types: *practising* (can work independently) and *non-practising* (cannot provide services).\n\n- **Who can register**: Individuals must prove they have proper qualifications, competencies, and are \"fit to practise\" — which includes checks on criminal history, bankruptcy, health, and previous disciplinary actions.\n\n- **The Board**: A 7-member body that assesses applications, investigates complaints, conducts audits, and can discipline engineers. Members include engineers, a lawyer, a construction contractor, and a community representative.\n\n- **Complaints and investigations**: The Board can investigate engineer conduct and suspected offences. Investigators have powers to require documents, enter premises (with consent or warrant), and seize evidence.\n\n- **Disciplinary actions**: For misconduct, the Board or Queensland Civil and Administrative Tribunal (QCAT) can impose fines (up to 200 penalty units), reprimands, conditions, suspension, or cancellation of registration.\n\n- **Offences**: It's illegal to falsely claim to be a registered engineer, use protected titles like \"RPEQ,\" or carry out professional engineering services without registration. Penalties reach **1,000 penalty units** (about $150,000+).\n\n- **Health assessments**: The Board can require engineers to undergo medical assessments if concerned about their mental or physical fitness to practise safely.\n\n**Why it matters:**\nThis law ensures only qualified, competent engineers can sign off on engineering work — critical for public safety in construction, infrastructure, and industrial projects. It gives the public confidence that engineers meet professional standards and can be held accountable for misconduct."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded from its original 2002 form. Key expansions include: the addition of extraterritorial application (inserted in 2014), the introduction of health assessment provisions and expanded disciplinary notification requirements (2008), formal audit programs for registered engineers (2020), and extended application of complaint and disciplinary processes to former registered engineers (2008). The original Act focused primarily on registration and a Queensland-based Board; it has evolved into a more comprehensive regulatory regime with broader geographic reach, health-based oversight, proactive audit powers, and stronger notification obligations on engineers."},"complexity_factors":["Multiple types of registration with different eligibility criteria (practising vs non-practising)","Layered assessment scheme system involving external assessment entities alongside the Board, creating a dual-track compliance pathway","Extensive 'fit to practise' criteria spanning criminal history, health, financial status, and international disciplinary actions","Interplay with mutual recognition legislation (interstate and trans-Tasman) creating jurisdictional complexity","Extraterritorial application provisions adding constitutional and geographic complexity","Multiple sequential procedural steps for registration, renewal, restoration, cancellation, and suspension — each with distinct timelines and notice requirements","Health assessment regime with specific procedural safeguards, confidentiality rules, and cost allocation","Separate audit regime with its own powers and penalties","Numerous cross-references between sections requiring readers to navigate multiple provisions simultaneously","Has been amended several times (2008, 2014, 2020, 2022, 2024) creating interpretive complexity around transitional provisions and the repealed Act"],"plain_english_summary":"## Professional Engineers Act 2002 (Queensland)\n\n### What is this law about?\nThis is a Queensland law that regulates who can legally call themselves a **professional engineer** and provide engineering services to the public. Think of it like a licence system — similar to how doctors or lawyers must be registered to practise, engineers providing professional services in Queensland must be registered under this Act.\n\n### Who does it affect?\n- **Engineers** who want to provide professional engineering services in Queensland (civil, structural, mechanical, electrical, and other engineering disciplines)\n- **Businesses and clients** who hire engineers — they have an interest in ensuring the engineer is properly registered\n- **The general public** — the law is designed to protect ordinary Queenslanders from unqualified people doing engineering work that could affect public safety (e.g., building structures, designing infrastructure)\n\n### Key things the law does:\n\n**1. Sets up a registration system**\nEngineers must apply to the **Board of Professional Engineers of Queensland** (the governing body that oversees the system) to be registered. There are two types of registration:\n- **Practising** — actively providing engineering services\n- **Non-practising** — registered but not currently doing engineering work\n\n**2. Sets eligibility requirements**\nTo get registered, you must:\n- Have the right qualifications and skills (competencies) for your area of engineering\n- Be considered 'fit to practise' — the Board can look at your criminal history, past disciplinary actions, mental and physical health, and financial situation (e.g., bankruptcy)\n\n**3. Requires ongoing renewal**\nRegistration lasts for one financial year and must be renewed annually. Engineers must show they've kept their skills up to date (called **continuing professional development**).\n\n**4. Can suspend or cancel registration**\nThe Board can remove an engineer's registration if they:\n- Were registered based on false information\n- Are convicted of a serious crime\n- Breach conditions of their registration\n- Are found unable to safely practise due to health reasons\n- Face disciplinary action in another jurisdiction\n\n**5. Deals with complaints and discipline**\nThere is a formal system for investigating complaints about engineers' conduct and imposing penalties — including reprimands, conditions on registration, suspension, or cancellation.\n\n**6. Health assessments**\nIf the Board believes an engineer cannot safely practise due to mental or physical health, it can require a medical assessment. The results can affect the engineer's registration.\n\n**7. Audits**\nThe Board can audit registered engineers to check they are complying with codes of practice and professional obligations.\n\n**8. Applies broadly**\nThe law applies across Queensland and even outside the state (to the extent Queensland Parliament can legislate extraterritorially). It binds everyone, including the Queensland Government itself — though the government cannot be prosecuted for criminal offences under the Act.\n\n### Why does this matter to you?\n- If you're an **engineer**: you likely need to be registered to legally provide professional engineering services in Queensland. Failing to comply can result in fines or loss of registration.\n- If you're a **member of the public or a business**: you can check whether your engineer is properly registered, giving you confidence in the quality and safety of their work.\n- If you're an **employer**: you have obligations to ensure engineering services are provided by properly registered engineers."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original purpose of simply registering engineers and handling complaints. Amendments have added: extraterritorial application (s6A), health assessments for unfit engineers (Part 2A), audit programs to monitor compliance (Part 2B), a full regime for approving and overseeing assessment entities (Part 6A), broader investigatory powers (warrants, seizure), publication of disciplinary outcomes, and cost recovery for investigations. The original Act focused on individual registration and discipline; now it also regulates assessment bodies, health, and auditing."},"complexity_factors":["116+ sections across 11 parts with multiple divisions and subdivisions","Extensive use of defined terms (schedule 2 dictionary) and cross-references between sections (e.g., s8 refers to s27)","Nested conditions and exceptions in eligibility and disciplinary provisions (e.g., ss9-11, 28, 36)","Multiple amendment layers (2008, 2014, 2020) adding new parts (e.g., Pt 2A health assessments, Pt 2B audits)","Complex procedural requirements for investigations (entry with consent/warrant, seizure, notices)","Interaction with other Acts (Mutual Recognition, QCAT Act, Public Sector Act)","Disciplinary proceedings with tribunal order options and cost recovery provisions"],"plain_english_summary":"This Act creates a system for registering professional engineers in Queensland and sets rules for who can call themselves a registered professional engineer. It establishes the **Board of Professional Engineers of Queensland** to manage registrations, investigate complaints, and discipline engineers. \n\n**Who is affected?**\n*   Engineers who want to work as 'registered professional engineers' must apply to the Board, meet qualification and competency standards (often assessed by approved assessment bodies), and pay fees. \n*   Only registered 'practising professional engineers' can legally carry out professional engineering work (with some exceptions for supervised work). Unregistered people cannot use titles like 'RPEQ'.\n\n**What does it do?**\n*   **Registration:** Sets out how engineers apply, renew, or restore registration. The Board checks qualifications, fitness to practise (including criminal history and health), and can impose conditions.\n*   **Conduct & Discipline:** The Board can investigate complaints or suspected breaches. It can caution, reprimand, impose conditions, or refer serious matters to a tribunal. The tribunal can fine, suspend, or cancel registration.\n*   **Health Assessments:** The Board can require an engineer to undergo a health check if it believes they are unfit to practise safely.\n*   **Audits:** The Board can run programs to audit compliance with the code of practice.\n*   **Offences:** It is an offence for unregistered people to claim to be registered or to perform professional engineering work without supervision.\n\n**Why does it matter?** \nIt restricts who can offer professional engineering services, creating a barrier to entry. Engineers must pay fees and meet ongoing requirements. Clients may have more assurance of competence, but the system adds compliance costs for engineers and limits competition. The Act has been expanded over time to cover more conduct, health, and extraterritorial activities."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.9(1)(b) and sec.9(2)","severity":"high","reasoning":"Section 9(1)(b) requires the board to consider whether any applicant is 'fit to practise as a registered professional engineer' as a condition of eligibility. Section 9(2) then requires that for non-practising registration, the board must be satisfied the applicant will NOT carry out professional engineering services. The Act thus requires a person to be assessed as fit to do something they are simultaneously required to commit to never doing during the registration period. The fitness-to-practise criterion is logically irrelevant and structurally absurd when applied to a person whose registration is conditional on not practising.","confidence":0.85,"description":"Non-practising engineers must be 'fit to practise' despite the Act explicitly requiring they will NOT practise"},{"type":"self_contradicting","section":"sec.20(2)(a) and sec.20(3)","severity":"medium","reasoning":"Same structural absurdity as sec.9 applies to renewal: the board must assess whether the applicant is 'fit to practise' under s.20(2)(a), and separately must be satisfied they won't practise under s.20(3). Fitness to practise is a criterion whose purpose is to protect the public from incompetent practitioners, yet this criterion is applied to a class of registrant who is prohibited from practising.","confidence":0.82,"description":"Renewal of non-practising registration requires board to assess fitness to practise while simultaneously requiring commitment not to practise"},{"type":"other","section":"sec.27(4) and sec.27(5)","severity":"medium","reasoning":"Section 27(4) allows the board to give a further notice extending the time for providing information. Section 27(5) explicitly states this notice may be given 'even if the time to which it relates has lapsed.' This means the board can revive a lapsed deadline after it has already passed, potentially indefinitely. This renders the lapsing mechanism in s.27(6) uncertain and potentially meaningless as the board can always retroactively extend any expired deadline, undermining the entire lapsing scheme.","confidence":0.78,"description":"Board may extend a deadline that has already lapsed, meaning there is no effective deadline"},{"type":"circular_definition","section":"sec.29A(3) and sec.29A(4)","severity":"low","reasoning":"Section 29A(3) requires the information notice to state the period of suspension. Section 29A(4)(a) says the suspension 'may be for the period the board decides.' However, s.29A(5) requires the board to end the suspension if the ground no longer exists. This means the stated period in the notice may become irrelevant the moment the ground ceases, or alternatively the board must wait out the stated period regardless — the relationship between the fixed stated period and the ground-dependent ending is ambiguous and internally inconsistent.","confidence":0.62,"description":"Information notice must state the period of suspension, but suspension takes effect immediately and may be for whatever period the board decides — creating a circular determination"},{"type":"other","section":"sec.35H(1) and sec.35H(2)","severity":"medium","reasoning":"Section 35H(1) makes the board liable for health assessment costs. Section 35H(2) allows the board to recover those costs from the engineer only if the finding is that the engineer is unable to safely practise. This creates a perverse structural incentive: the board bears the cost of a finding of fitness but recoups costs only from an adverse finding. While probably unintentional, this creates a financial dynamic that could influence how assessments are commissioned or followed up, which is particularly troubling given the board appoints the health assessor under s.35E(2) and must pre-screen them under s.35F.","confidence":0.7,"description":"Board pays for health assessment but can recover cost only when the assessment finds the engineer is unfit — creating a financial incentive for adverse findings"},{"type":"impossible_compliance","section":"sec.32B","severity":"medium","reasoning":"Section 32B(1) sets the trigger as having been unable to practise 'for a continuous period of 3 months.' Section 32B(2) then requires the engineer to 'immediately' notify the board of that fact. The word 'immediately' is logically inapplicable to a condition that has already subsisted for three months before the obligation arises. The engineer cannot immediately notify of something that has been occurring for 90 days — by definition, notification at the moment the 3-month threshold is crossed cannot be 'immediate' in any meaningful sense. The drafting conflates the point at which the obligation crystallises with urgency of response in a self-defeating way.","confidence":0.8,"description":"Engineer must 'immediately' notify board of an inability that has already persisted for 3 months — the obligation arises after the triggering event has long passed"},{"type":"circular_definition","section":"sec.7A(1)","severity":"low","reasoning":"Section 7A(1) defines areas of engineering as those for which there is an assessment scheme OR qualifications prescribed under s.10(1)(b). The existence of an area of engineering thus depends on whether an assessment scheme exists for it. However, an assessment scheme is presumably approved for a particular area of engineering — meaning the area must be identified before the scheme can be approved for it. This creates a bootstrapping problem: the area exists because there is a scheme, but the scheme must be approved for an area that exists. The s.10(1)(b) fallback partially resolves this but the circularity with assessment schemes remains.","confidence":0.6,"description":"Definition of 'areas of engineering' depends on the existence of an assessment scheme, but assessment schemes are only approved for areas of engineering — potential circularity"},{"type":"other","section":"sec.19(1)(a)","severity":"low","reasoning":"Section 19(1)(a) provides that if the board decides to renew registration, the existing registration continues until 'the day a new certificate of registration is given to the applicant under section 21.' Section 21(1) requires the new certificate be given 'as soon as practicable.' The phrase 'as soon as practicable' introduces indefinite elasticity into the termination date of the extended registration. While this protects engineers from lapses during processing, it also means registration can continue well beyond the registration period through administrative delay, with no hard backstop.","confidence":0.55,"description":"Registration deemed to continue until a new certificate is 'given' upon renewal — but the board may delay indefinitely in giving the certificate, extending registration without limit"}],"contradictions":[{"severity":"medium","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.88,"description":"Act binds the State but the State cannot be prosecuted — State can breach the Act with impunity"},{"severity":"high","section_a":"sec.9(1)(b)","section_b":"sec.9(2)","confidence":0.85,"description":"All applicants must be 'fit to practise' but non-practising applicants must commit to not practising — fitness to practise criterion contradicts the non-practising status"},{"severity":"low","section_a":"sec.18(2)","section_b":"sec.18(4)","confidence":0.65,"description":"Section 18(2) restricts renewal applications to between 1-3 months before expiry, but s.18(4) allows the board to accept applications made within 1 month of expiry — s.18(4) contradicts s.18(2) by permitting what s.18(2) prohibits, without expressly overriding it as a complete exception"},{"severity":"medium","section_a":"sec.29A(3)","section_b":"sec.29A(5)","confidence":0.72,"description":"Section 29A(3) requires the notice to state a fixed period of suspension, but s.29A(5) requires the board to end the suspension when the ground no longer exists — the mandatory fixed period is contradicted by the mandatory early termination obligation"},{"severity":"low","section_a":"sec.35I(1)","section_b":"sec.35I(2)","confidence":0.75,"description":"Section 35I(1) categorically states health assessment reports are not admissible in any proceeding and cannot be compelled, but s.35I(2) creates broad exceptions covering registration, renewal, restoration and appeal proceedings — the absolute prohibition in s.35I(1) is substantially undermined by s.35I(2)"},{"severity":"medium","section_a":"sec.27(5)","section_b":"sec.27(6)","confidence":0.78,"description":"Section 27(6) provides that failure to comply within the stated time causes the application to lapse, but s.27(5) allows the board to extend the time even after it has lapsed — meaning an application that has technically lapsed can be revived by a post-lapse extension notice, contradicting the finality of lapsing"},{"severity":"low","section_a":"sec.28(i)(i) and sec.28(i)(ii)","section_b":"sec.28(j)","confidence":0.6,"description":"Section 28(i) provides cancellation grounds where an engineer fails to comply with or cooperate in a health assessment, and s.28(j) provides cancellation where the health assessment report says the engineer cannot safely practise — these two grounds operate inconsistently because if the engineer refuses to undergo the assessment (triggering s.28(i)), no report can be produced (so s.28(j) can never be triggered), yet both are treated as equivalent independent cancellation grounds"}]}},"importantCases":[],"_links":{"self":"/api/acts/professional-engineers-act-2002","history":"/api/acts/professional-engineers-act-2002/history","analysis":"/api/acts/professional-engineers-act-2002/analysis","conflicts":"/api/acts/professional-engineers-act-2002/conflicts","importantCases":"/api/acts/professional-engineers-act-2002/important-cases","documents":"/api/acts/professional-engineers-act-2002/documents"}}