{"id":"a-2023-8","name":"Professional Engineers Act 2023","slug":"professional-engineers-act-2023","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"8 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24123,"registerId":"act-a-2023-8-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"7","sectionType":"section","heading":"Meaning of professional engineer","content":"7 Meaning of professional engineer\nFor this Act, professional engineer means an individual registered\nunder this Act to carry out professional engineering services in 1 or\nmore areas of engineering.\n\nObjects and important concepts Part 2\nSection 8\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":0},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of professional engineering service","content":"8 Meaning of professional engineering service\n(1) For this Act, professional engineering service—\n(a) means an engineering service in an area of engineering that\nrequires, or is based on, the application of engineering principles\nand data—\n(i) to a design; or\n(ii) to a construction, production, operation or maintenance\nactivity, relating to engineering; but\n(b) does not include an engineering service that is provided only in\naccordance with a prescriptive standard.\n(2) In this section:\nprescriptive standard means a document that states procedures or\ncriteria—\n(a) for carrying out a design, or a construction, production,\noperation or maintenance activity, relating to engineering; and\n(b) the application of which, to the carrying out of the design, or the\nconstruction, production, operation or maintenance activity,\ndoes not require advanced scientifically based calculations.\n","sortOrder":1},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of area of engineering","content":"9 Meaning of area of engineering\n(1) For this Act, area of engineering—\n(a) means any of the following:\n(i) civil engineering;\n(ii) electrical engineering;\n(iii) fire safety engineering;\n(iv) mechanical engineering;\n(v) structural engineering;\n\n","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":"Objects and important concepts","content":"Part 2 Objects and important concepts\nSection 9\npage 6 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vi) any other area of engineering prescribed by regulation; but\n(b) does not include a professional engineering service prescribed\nby regulation as an exempt area of engineering.\n(2) The Minister may make guidelines describing the scope of an area of\nengineering mentioned in subsection (1) (a).\n(3) A guideline is a notifiable instrument.\n\nRegistrar and deputy registrars Part 3\nSection 10\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Registrar and deputy registrars\n","sortOrder":3},{"sectionNumber":"10","sectionType":"section","heading":"Appointment of Australian Capital Territory Professional","content":"10 Appointment of Australian Capital Territory Professional\nEngineers Registrar\n(1) The director-general must appoint a public servant as the Australian\nCapital Territory Professional Engineers Registrar.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n(2) A person must be appointed for a term not longer than 5 years.\n(3) An appointment is a notifiable instrument.\n","sortOrder":4},{"sectionNumber":"11","sectionType":"section","heading":"Delegation by registrar","content":"11 Delegation by registrar\nThe registrar may delegate the registrar’s functions under this Act or\nanother territory law to a public servant.\nNote For laws about delegations, see the Legislation Act, pt 19.4.\n","sortOrder":5},{"sectionNumber":"12","sectionType":"section","heading":"Appointment of deputy registrars","content":"12 Appointment of deputy registrars\n(1) The registrar may appoint a public servant as a deputy registrar.\n(2) A person must be appointed for a term not longer than 5 years.\n(3) An appointment is a notifiable instrument.\n","sortOrder":6},{"sectionNumber":"13","sectionType":"section","heading":"Functions of deputy registrars","content":"13 Functions of deputy registrars\n(1) A deputy registrar may exercise the functions of the registrar (other\nthan the power to delegate a function).\n(2) However, the registrar may—\n(a) in writing, limit the functions the deputy registrar may exercise;\nand\n(b) give the deputy registrar written directions about the exercise of\na function.\n\n","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registrar and deputy registrars","content":"Part 3 Registrar and deputy registrars\nSection 13\npage 8 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the registrar gives the deputy registrar written directions about the\nexercise of a function, the deputy registrar may only exercise the\nfunction in accordance with the directions.\n\nRegistration of professional engineers Part 4\nRequirement to be registered Division 4.1\nSection 14\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Registration of professional\nengineers\nDivision 4.1 Requirement to be registered\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Requirement to be registered","content":"14 Requirement to be registered\n(1) An individual must not carry out a professional engineering service\nunless the individual is registered to carry out the service.\n(2) However, an individual carrying out a professional engineering\nservice under the direction and oversight of a professional engineer\nwho is responsible for the service is not required to be registered.\nDivision 4.2 Registration\n15 Meaning of suitability information—pt 4\nFor this part, suitability information, about an individual, means the\nfollowing information about the individual:\n(a) any conviction or finding of guilt for an offence—\n(i) that is an indictable offence under a law of the ACT or the\nCommonwealth; or\n(ii) for an offence committed outside the ACT—that would be\nan indictable offence against a law of the ACT if\ncommitted in the ACT; or\n(iii) under a relevant law;\nNote A conviction does not include a spent conviction or an\nextinguished conviction (see Spent Convictions Act 2000,\ns 16 (c) (i) and s 19H (1) (c) (i)).\n\nPart 4 Registration of professional engineers\nDivision 4.2 Registration\nSection 15\npage 10 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) any civil proceeding against the individual in a court or tribunal\nof the ACT, the Commonwealth, a State or the Northern\nTerritory that relates to—\n(i) the individual’s carrying out of a professional engineering\nservice; or\n(ii) the individual’s undertaking of an activity related to a\nprofessional engineering service; or\n(iii) a registration under this Act or a relevant law;\n(c) any noncompliance with this Act;\n(d) any noncompliance with an order made by a court or tribunal\nunder a relevant law;\n(e) any refusal of an application for registration (however\ndescribed) under this Act or a relevant law;\n(f) any regulatory action (however described) taken, or proposed to\nbe taken, under this Act or a relevant law;\n(g) if the individual’s registration under this Act or a relevant law\nhas been suspended or cancelled as a result of regulatory action\n(however described)—the reason for the suspension or\ncancellation;\n(h) any noncompliance with a requirement imposed on the\nindividual as a result of regulatory action (however described)\nunder this Act or a relevant law;\n(i) whether the individual is or has been bankrupt or personally\ninsolvent;\n(j) whether a corporation has been placed into administration,\nreceivership or liquidation when the individual was an executive\nofficer of the corporation;\n(k) anything else prescribed by regulation.\n\nRegistration of professional engineers Part 4\nRegistration Division 4.2\nSection 16\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":9},{"sectionNumber":"16","sectionType":"section","heading":"Applications for registration","content":"16 Applications for registration\n(1) An individual may apply to the registrar for registration as a\nprofessional engineer for 1 or more areas of engineering\n(an application for registration).\n(2) An application for registration must—\n(a) be in writing; and\n(b) state the applicant’s name; and\n(c) include the applicant’s contact details; and\n(d) state the area of engineering for which the applicant is applying\nto be registered; and\n(e) include a report from an assessment entity that assesses the\nperson’s qualifications, experience and competencies for the\narea of engineering; and\n(f) include the results of a criminal history check for the applicant;\nand\n(g) include the suitability information about the applicant; and\n(h) include any information prescribed by regulation.\n(3) The registrar may refuse to consider an application for registration\nthat does not comply with subsection (2).\n","sortOrder":10},{"sectionNumber":"17","sectionType":"section","heading":"Eligibility for registration","content":"17 Eligibility for registration\nAn individual is eligible to be registered as a professional engineer\nfor an area of engineering if—\n(a) the applicant has the required qualifications, experience and\ncompetencies; and\n(b) the registrar is satisfied that the individual is suitable to be\nregistered as a professional engineer taking into account the\nindividual’s suitability information; and\n\nPart 4 Registration of professional engineers\nDivision 4.2 Registration\nSection 18\npage 12 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the individual is not disqualified (however described) from\napplying for registration under this Act or a relevant law; and\n(d) the individual’s registration (however described) under this Act\nor a relevant law has not been cancelled in the previous 5 years;\nand\n(e) the individual meets any other eligibility requirements\nprescribed by regulation.\n","sortOrder":11},{"sectionNumber":"18","sectionType":"section","heading":"Applications for renewal","content":"18 Applications for renewal\n(1) A professional engineer may apply to the registrar for renewal of the\nengineer’s registration (an application for renewal).\n(2) An application for renewal must be made not earlier than 3 months\nbefore the end of the professional engineer’s registration and not later\nthan 6 months after the end of the engineer’s registration.\n(3) An application for renewal must—\n(a) be in writing; and\n(b) state the applicant’s name; and\n(c) include the applicant’s contact details; and\n(d) state the applicant’s registration number; and\n(e) state the area of engineering for which the applicant is applying\nfor renewal; and\n(f) include details of the continuing professional development\nundertaken by the applicant during the term of the applicant’s\nregistration; and\n(g) if any suitability information about the applicant has changed\nsince the applicant last made an application for registration or\nan application for renewal—include details of the changes; and\n(h) include any information prescribed by regulation.\n\nRegistration of professional engineers Part 4\nRegistration Division 4.2\nSection 19\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The registrar may refuse to consider an application that does not\ncomply with subsection (2) or (3).\n","sortOrder":12},{"sectionNumber":"19","sectionType":"section","heading":"Eligibility for registration renewal","content":"19 Eligibility for registration renewal\nA professional engineer is eligible to have their registration for an\narea of engineering renewed if—\n(a) the engineer has undertaken continuing professional\ndevelopment in accordance with any determination made under\nsection 84 (Continuing professional development for\nprofessional engineers); and\n(b) the registrar is satisfied that the engineer is suitable to be\nregistered as a professional engineer taking into account the\nengineer’s suitability information; and\n(c) the engineer meets any other eligibility requirements prescribed\nby regulation.\n","sortOrder":13},{"sectionNumber":"20","sectionType":"section","heading":"Registrar may request more information","content":"20 Registrar may request more information\n(1) The registrar may, in writing, require an applicant under section 16 or\nsection 18 to give the registrar information that the registrar\nreasonably needs to decide the application.\n(2) If the applicant does not comply with a requirement under\nsubsection (1), the registrar may refuse to consider the application\nfurther.\n","sortOrder":14},{"sectionNumber":"21","sectionType":"section","heading":"Change of information must be provided","content":"21 Change of information must be provided\nIf the information in an application for registration or an application\nfor renewal changes before the application is decided, the applicant\nmust give the registrar written notice of the details of the change.\n\nPart 4 Registration of professional engineers\nDivision 4.2 Registration\nSection 22\npage 14 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":15},{"sectionNumber":"22","sectionType":"section","heading":"Deciding applications","content":"22 Deciding applications\n(1) If an individual makes an application for registration for an area of\nengineering, the registrar must—\n(a) if the individual is eligible for registration as a professional\nengineer for the area of engineering—register the individual; or\n(b) if the individual is not eligible for registration as a professional\nengineer for the area of engineering—refuse to register the\nindividual.\n(2) If a professional engineer makes an application for renewal for an\narea of engineering, the registrar must—\n(a) if the engineer is eligible for registration renewal for the area of\nengineering—renew the engineer’s registration; or\n(b) if the engineer is not eligible for registration renewal for the area\nof engineering—refuse to renew the engineer’s registration.\n(3) A registration may authorise the professional engineer to carry out a\nprofessional engineering service in more than 1 area of engineering.\n(4) If the registrar renews the registration of a professional engineer, the\nrenewed registration begins on the day after the registration being\nrenewed ends.\n(5) The registrar may renew a registration that has been suspended, but\nthe renewed registration is suspended until the suspension ends.\n","sortOrder":16},{"sectionNumber":"23","sectionType":"section","heading":"Continuation of registration until application for renewal","content":"23 Continuation of registration until application for renewal\ndecided\n(1) If a professional engineer makes an application for renewal, the\nengineer’s existing registration continues in force until the\napplication is decided.\n(2) Subsection (1) applies even if it causes the existing registration to be\nin force for longer than the maximum registration term stated in\nsection 25 (b) (i).\n\nRegistration of professional engineers Part 4\nRegistration Division 4.2\nSection 24\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":17},{"sectionNumber":"24","sectionType":"section","heading":"Registration conditions","content":"24 Registration conditions\n(1) A professional engineer’s registration is subject to the following\nconditions:\n(a) any condition the registrar considers appropriate;\n(b) any condition prescribed by regulation.\n(2) However, before imposing a condition under subsection (1) (a), the\nregistrar must—\n(a) give the engineer a written notice that—\n(i) states the condition the registrar proposes to impose; and\n(ii) states the reason the registrar proposes to impose the\ncondition; and\n(iii) tells the engineer that the engineer may give a written\nresponse to the registrar about the matters stated in the\nnotice not later than 28 days after the engineer receives the\nnotice; and\n(b) consider any response given to the registrar in accordance with\nparagraph (a) (iii).\n25 Registration term\nThe registration of a professional engineer—\n(a) begins on the day stated in the registration certificate; and\n(b) ends on the earliest of the following:\n(i) 3 years after the registration begins;\n(ii) if a shorter period is prescribed by regulation—the end of\nthat period;\n\nPart 4 Registration of professional engineers\nDivision 4.2 Registration\nSection 26\npage 16 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) if the registration is cancelled under division 6.1\n(Disciplinary action), division 6.2 (Immediate suspension\nor cancellation of registration) or section 44 (Voluntary\ncancellation of registration)—the day the cancellation\ntakes effect.\n26 Registration certificates\n(1) This section applies if the registrar—\n(a) registers an individual as a professional engineer for an area of\nengineering; or\n(b) renews the registration of a professional engineer for an area of\nengineering; or\n(c) varies the registration of a professional engineer under\nsection 28 (Variation of registration) or division 6.1\n(Disciplinary action).\n(2) The registrar must give the professional engineer a certificate\n(a registration certificate) that states—\n(a) the name of the engineer; and\n(b) each area of engineering for which the engineer is registered;\nand\n(c) a unique identifying number (the registration number) for the\nengineer; and\n(d) the term of the engineer’s registration; and\n(e) any conditions of the engineer’s registration; and\n(f) any other information prescribed by regulation.\n(3) A registration certificate may include any other information the\nregistrar considers relevant.\n\nRegistration of professional engineers Part 4\nObligations of professional engineers Division 4.3\nSection 27\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 4.3 Obligations of professional engineers\n","sortOrder":18},{"sectionNumber":"27","sectionType":"section","heading":"Obligations","content":"27 Obligations\nA professional engineer must—\n(a) comply with any conditions of the engineer’s registration; and\n(b) comply with this Act, including any approved code of practice;\nand\n(c) undertake continuing professional development in accordance\nwith any determination made under section 84 (Continuing\nprofessional development for professional engineers); and\n(d) comply with other territory laws when carrying out a\nprofessional engineering service; and\n(e) when carrying out a professional engineering service—\n(i) meet the standard reasonably expected of a professional\nengineer; and\n(ii) demonstrate a level of competence reasonably expected of\na professional engineer; and\n(iii) not engage in improper or unethical conduct; and\n(f) comply with any other obligation prescribed by regulation.\nDivision 4.4 Variation of registration and changes\nto circumstances and details\n","sortOrder":19},{"sectionNumber":"28","sectionType":"section","heading":"Variation of registration","content":"28 Variation of registration\n(1) The registrar may vary the registration of a professional engineer on\nwritten application by the engineer if the registrar—\n(a) has considered any reasons provided by the engineer in their\napplication to vary the registration; and\n(b) is satisfied that it is appropriate to vary the registration.\n\nPart 4 Registration of professional engineers\nDivision 4.4 Variation of registration and changes to circumstances and details\nSection 28\npage 18 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The registrar may vary the registration of a professional engineer on\nthe registrar’s own initiative if the registrar—\n(a) has given the professional engineer a written notice that—\n(i) states how the registrar proposes to vary the registration;\nand\n(ii) states the reason the registrar proposes to vary the\nregistration; and\n(iii) tells the engineer that the engineer may give a written\nresponse to the registrar about the matters stated in the\nnotice not later than 28 days after the engineer receives the\nnotice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied that it is appropriate to vary the registration.\n(3) If the registrar varies the registration of a professional engineer under\nthis section, the registrar must give the engineer a written notice\n(a notice of variation) that states—\n(a) how the registration has been varied; and\n(b) the day on which the variation takes effect.\n(4) A variation of a registration takes effect on the day stated in the notice\nof variation.\n(5) In this section:\nregistration includes a suspended registration.\nvary, in relation to a registration—\n(a) includes—\n(i) varying the term of the registration; and\n\nRegistration of professional engineers Part 4\nRegister of professional engineers Division 4.5\nSection 29\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) adding, amending or removing a condition of the\nregistration; but\n(b) does not include amending the registration to authorise the\nprofessional engineer to carry out professional engineering\nservices in an additional area of engineering.\nNote To be granted registration for an additional area of engineering, a\nprofessional engineer must make an application for registration in\naccordance with s 16.\n","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"Notifying registrar about change of information","content":"29 Notifying registrar about change of information\n(1) A professional engineer must notify the registrar, in writing, about\nany change to the engineer’s name or contact details within 14 days\nafter the professional engineer becomes aware of the change.\n(2) A professional engineer must notify the registrar, in writing, about\nany—\n(a) change to the engineer’s suitability information; and\n(b) other event or circumstance prescribed by regulation.\n(3) A professional engineer commits an offence if the engineer fails to\ngive notice in accordance with subsection (2) within 14 days after the\nengineer becomes aware of the change.\nMaximum penalty: 20 penalty units.\n(4) An offence against subsection (3) is a strict liability offence.\nDivision 4.5 Register of professional engineers\n","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Registrar must keep professional engineers register","content":"30 Registrar must keep professional engineers register\n(1) The registrar must keep a register of professional engineers\n(the engineers register).\n\n","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Registration of professional engineers","content":"Part 4 Registration of professional engineers\n","sortOrder":23},{"sectionNumber":"Div 4","sectionType":"division","heading":"5 Register of professional engineers","content":"Division 4.5 Register of professional engineers\nSection 31\npage 20 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The registrar must keep the following details about a professional\nengineer in the engineers register:\n(a) the engineer’s name;\n(b) the area of engineering for which the engineer is registered;\n(c) the engineer’s registration number;\n(d) the term of the engineer’s registration;\n(e) any conditions of the engineer’s registration;\n(f) the engineer’s address for service;\n(g) the details of any regulatory action (however described) taken\nagainst the engineer under this Act or a relevant law;\n(h) the status of the engineer’s registration;\n(i) any other details prescribed by regulation.\n(3) The registrar must, for a former professional engineer, keep the\ndetails mentioned in subsection (2) in the register for 10 years after\nthe day the former professional engineer’s registration ends.\n(4) The engineers register may also contain any other details the registrar\nconsiders appropriate.\n(5) The registrar may correct any mistake, error or omission in the\nengineers register.\n","sortOrder":24},{"sectionNumber":"31","sectionType":"section","heading":"Publication of certain information in engineers register","content":"31 Publication of certain information in engineers register\n(1) The registrar must make the following details about a professional\nengineer in the engineers register available to the public:\n(a) the engineer’s name;\n(b) the area of engineering for which the engineer is registered;\n(c) the engineer’s registration number;\n(d) the term of the engineer’s registration;\n\nRegistration of professional engineers Part 4\nRegister of professional engineers Division 4.5\nSection 31\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) any conditions of the engineer’s registration;\n(f) the status of the engineer’s registration.\n(2) The registrar may make the details mentioned in subsection (1) about\na former professional engineer available to the public.\n(3) However, the registrar must not make details about a professional\nengineer or a former professional engineer available to the public if—\n(a) the engineer or former engineer applies, in writing, for the\ninformation not to be made available to the public; and\n(b) the registrar is satisfied that the publication of the information\nwould, or could reasonably be expected to—\n(i) endanger the life or physical safety of any person; or\n(ii) jeopardise national security.\n\nPart 5 Assessment entities\nSection 32\npage 22 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Assessment entities\n","sortOrder":25},{"sectionNumber":"32","sectionType":"section","heading":"Approval for assessment entity to conduct assessment","content":"32 Approval for assessment entity to conduct assessment\nscheme\n(1) The director-general may approve an entity to conduct a scheme for\nan area of engineering (an assessment scheme) if—\n(a) the entity is an eligible entity; and\n(b) the assessment scheme is an eligible assessment scheme.\n(2) An approval under subsection (1)—\n(a) must be for a term not longer than 5 years; and\n(b) is subject to—\n(i) any condition the director-general considers appropriate;\nand\n(ii) any condition prescribed by regulation.\n(3) An approval is a notifiable instrument.\n(4) For subsection (1), an entity is an eligible entity if—\n(a) either—\n(i) the entity holds an approval (however described) under a\nrelevant law authorising it to conduct an assessment\nscheme that is the same, or similar, to the proposed\nassessment scheme; or\n(ii) the director-general is satisfied that the entity—\n(A) employs competent people to undertake assessments\nof a person’s required qualifications, experience and\ncompetencies; and\n\nAssessment entities Part 5\nSection 32\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(B) has proven procedures for training and accrediting its\nemployees to undertake assessments of a person’s\nrequired qualifications, experience and competencies;\nand\n(C) has the financial capacity and facilities to conduct\nassessments of a person’s required qualifications,\nexperience and competencies; and\n(D) has a proven capacity to undertake independent and\nauthoritative assessments of a person’s required\nqualifications, experience and competencies in a\ntimely manner; and\n(E) imposes fees that are reasonable taking into account\nthe scope of the services being offered; and\n(F) is able to adequately assess a person’s required\nqualifications, experience and competencies for the\narea of engineering; and\n(b) the entity meets any other eligibility requirements prescribed by\nregulation.\n(5) For subsection (1), an assessment scheme is an eligible assessment\nscheme if—\n(a) the proposed scheme will be conducted by an eligible entity; and\n(b) the director-general is satisfied that the proposed scheme—\n(i) is not inconsistent with national and international standards\nfor the recognition of professional engineers; and\n(ii) includes procedures for the assessment of a person’s\nrequired qualifications, experience and competencies in an\nindependent and professional manner; and\n(iii) has adequate procedures for monitoring and improving the\nassessment processes of the scheme, including appropriate\ncomplaint handling procedures; and\n\nPart 5 Assessment entities\nSection 33\npage 24 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) includes an effective audit program for ensuring that\ncontinuing registration requirements are met by\nprofessional engineers; and\n(c) the proposed scheme meets any other eligibility requirements\nprescribed by regulation.\n","sortOrder":26},{"sectionNumber":"33","sectionType":"section","heading":"Variation of approval","content":"33 Variation of approval\n(1) On written application by an assessment entity, the director-general\nmay vary the approval of the entity if the director-general—\n(a) has considered any reasons provided by the entity in its\napplication to vary the approval; and\n(b) is satisfied that it is appropriate to vary the approval.\n(2) The director-general may vary the approval of an assessment entity\non the director-general’s own initiative if the director-general—\n(a) has given the entity a written notice that—\n(i) states how the director-general proposes to vary the\napproval; and\n(ii) states the reason the director-general proposes to vary the\napproval; and\n(iii) tells the entity that it may give a written response to the\ndirector-general about the matters stated in the notice not\nlater than 28 days after the entity receives the notice; and\n(b) has considered any response given in accordance with\nparagraph (a) (iii); and\n(c) is satisfied that it is appropriate to vary the approval.\n(3) A variation of an approval takes effect on the day stated in the\nvariation.\n(4) A variation of an approval is a notifiable instrument.\n\nAssessment entities Part 5\nSection 34\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\nvary, in relation to an approval—\n(a) includes—\n(i) varying the term of the approval; and\n(ii) adding, amending or removing a condition of the approval;\nbut\n(b) does not include amending the approval to authorise the\nassessment entity to conduct an assessment scheme for an\nadditional area of engineering.\n","sortOrder":27},{"sectionNumber":"34","sectionType":"section","heading":"Revocation of approval","content":"34 Revocation of approval\n(1) On written application by an assessment entity, the director-general\nmust revoke the approval of the entity if the director-general is\nsatisfied that it is appropriate to revoke the approval.\n(2) The director-general may revoke the approval of an assessment entity\non the director-general’s own initiative if the director-general—\n(a) is satisfied that 1 or more of the following applies:\n(i) the entity has failed to comply with the conditions of its\napproval;\n(ii) the entity knowingly or recklessly used false or misleading\ninformation to become an assessment entity;\n(iii) the entity has stopped being eligible to hold an approval;\n(iv) the entity has contravened this Act;\n(v) the entity has failed to comply with the conditions of an\napproval granted under a relevant law for the entity to\nconduct an assessment scheme (however described) in that\njurisdiction;\n\n","sortOrder":28},{"sectionNumber":"Part 5","sectionType":"part","heading":"Assessment entities","content":"Part 5 Assessment entities\nSection 34\npage 26 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(vi) the entity has contravened a relevant law when conducting\nan assessment scheme (however described) in that\njurisdiction; and\n(b) has given the entity a written notice that—\n(i) states that the director-general proposes to revoke the\napproval; and\n(ii) states the reason the director-general proposes to revoke\nthe approval; and\n(iii) tells the entity that it may give a written response to the\ndirector-general about the matters stated in the notice not\nlater than 28 days after the entity receives the notice; and\n(c) has considered any response given in accordance with\nparagraph (b) (iii); and\n(d) is satisfied that it is appropriate to revoke the approval.\n(3) Revocation of an approval takes effect—\n(a) for a revocation under subsection (1)—\n(i) 90 days after the day the revocation is notified; or\n(ii) if a later date is stated in the revocation—on that date; or\n(b) for a revocation under subsection (2)—on the day stated in the\nrevocation.\n(4) A revocation is a notifiable instrument.\n\nRegulatory action—professional engineers Part 6\nDisciplinary action Division 6.1\nSection 35\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Regulatory action—professional\nengineers\nDivision 6.1 Disciplinary action\n35 Definitions—div 6.1\nIn this division:\ndisciplinary action, against a professional engineer, means any of the\nfollowing:\n(a) reprimanding the engineer;\n(b) directing the engineer to undergo an assessment of the\nengineer’s required qualifications, experience and\ncompetencies;\n(c) directing the engineer to undertake stated training;\n(d) imposing, or amending, a condition of the engineer’s\nregistration;\n(e) suspending the engineer’s registration for either a fixed period\nor until a particular event happens;\n(f) cancelling the engineer’s registration.\nground for disciplinary action—see section 36 (1).\nprofessional engineer includes a former professional engineer.\nproposed disciplinary action—see section 37 (1).\nshow cause notice—see section 37 (2).\n\nPart 6 Regulatory action—professional engineers\nDivision 6.1 Disciplinary action\nSection 36\npage 28 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":29},{"sectionNumber":"36","sectionType":"section","heading":"Grounds for disciplinary action","content":"36 Grounds for disciplinary action\nEach of the following is a ground for disciplinary action against a\nprofessional engineer:\n(a) the engineer knowingly or recklessly used false or misleading\ninformation to become a professional engineer;\n(b) the engineer has failed to comply with an obligation imposed\nunder section 27 (Obligations);\n(c) the engineer knowingly or recklessly gave someone information\nabout a professional engineering service carried out, or to be\ncarried out, by the engineer that was false or misleading in a\nmaterial particular;\n(d) the engineer stops being eligible to be registered;\n(e) the engineer has had their registration immediately suspended or\ncancelled under section 41;\n(f) the engineer has been convicted or found guilty of an offence—\n(i) that is an indictable offence under a law of the ACT or the\nCommonwealth; or\n(ii) for an offence committed outside the ACT—that would be\nan indictable offence against a law of the ACT if\ncommitted in the ACT; or\n(iii) under this Act; or\n(iv) under a relevant law;\n(g) the engineer has carried out, or is carrying out, a professional\nengineering service that the engineer is not registered to carry\nout;\n(h) the engineer has contravened this Act or a relevant law;\n\nRegulatory action—professional engineers Part 6\nDisciplinary action Division 6.1\nSection 37\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(i) the engineer’s registration (however described) under a relevant\nlaw has been suspended or cancelled as a result of regulatory\naction (however described) being taken against the engineer in\nthat jurisdiction;\n(j) the engineer has failed to comply with a requirement of any\nregulatory action taken against the engineer under this part;\n(k) any other ground prescribed by regulation.\n","sortOrder":30},{"sectionNumber":"37","sectionType":"section","heading":"Notice of proposed disciplinary action","content":"37 Notice of proposed disciplinary action\n(1) The registrar may propose to take disciplinary action (the proposed\ndisciplinary action) against a professional engineer if the registrar is\nsatisfied that a ground for disciplinary action exists in relation to the\nengineer.\n(2) If the registrar proposes to take disciplinary action against a\nprofessional engineer, the registrar must give the engineer a written\nnotice (a show cause notice) that states—\n(a) the grounds on which the registrar considers disciplinary action\nmay be taken against the engineer; and\n(b) details of the proposed disciplinary action; and\n(c) that the engineer may give the registrar a written submission\nabout the proposed disciplinary action not later than 28 days\nafter the day the engineer is given the notice.\n","sortOrder":31},{"sectionNumber":"38","sectionType":"section","heading":"Taking disciplinary action","content":"38 Taking disciplinary action\n(1) The registrar may take the proposed disciplinary action against a\nprofessional engineer if the registrar—\n(a) has given the engineer a show cause notice in accordance with\nsection 37; and\n(b) has considered any submission given in accordance with\nsection 37 (2) (c); and\n\nPart 6 Regulatory action—professional engineers\nDivision 6.1 Disciplinary action\nSection 39\npage 30 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) is satisfied that it is appropriate to take the proposed disciplinary\naction against the engineer.\n(2) If the registrar decides to take the proposed disciplinary action, the\nregistrar must give the professional engineer a written notice (a notice\nof disciplinary action) that states—\n(a) that the proposed disciplinary action will be taken; and\n(b) the day on which the disciplinary action will take effect.\n(3) Disciplinary action takes effect—\n(a) if the disciplinary action is suspension or cancellation of the\nprofessional engineer’s registration—\n(i) 14 days after the notice of disciplinary action is given to\nthe engineer; or\n(ii) if a later date is stated in the notice—that date; or\n(b) in any other case—on the day stated in the notice of disciplinary\naction.\n","sortOrder":32},{"sectionNumber":"39","sectionType":"section","heading":"Not taking disciplinary action","content":"39 Not taking disciplinary action\n(1) This section applies if the registrar—\n(a) has given a professional engineer a show cause notice in\naccordance with section 37; and\n(b) has considered any submission given in accordance with\nsection 37 (2) (c); and\n(c) is satisfied that disciplinary action against the professional\nengineer—\n(i) may not be taken; or\n(ii) may be taken, but that, in all the circumstances, it is not\nappropriate to take the action.\n\nRegulatory action—professional engineers Part 6\nImmediate suspension or cancellation of registration Division 6.2\nSection 40\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) The registrar must give the professional engineer a written notice that\ntells the engineer that disciplinary action will not be taken against the\nengineer in relation to the matters stated in the show cause notice.\n","sortOrder":33},{"sectionNumber":"40","sectionType":"section","heading":"Effect of suspension","content":"40 Effect of suspension\nIf the registration of a professional engineer is suspended under this\ndivision, the individual is taken not to be a professional engineer\nduring the period of suspension.\nDivision 6.2 Immediate suspension or cancellation\nof registration\n","sortOrder":34},{"sectionNumber":"41","sectionType":"section","heading":"Immediate suspension or cancellation","content":"41 Immediate suspension or cancellation\n(1) This section applies if the registrar is satisfied that—\n(a) a ground for disciplinary action exists in relation to a\nprofessional engineer (other than a failure to comply with a\nrequirement of any disciplinary action taken under division 6.1);\nand\n(b) it is in the public interest to immediately suspend or cancel the\nprofessional engineer’s registration.\n(2) The registrar may—\n(a) immediately suspend the professional engineer’s registration for\na stated period or until a stated event happens; or\n(b) immediately cancel the professional engineer’s registration.\n(3) If the registrar immediately suspends or cancels a registration under\nsubsection (2), the registrar must give the professional engineer\nwritten notice (an immediate action notice) that includes the\nfollowing information:\n(a) a statement that the suspension or cancellation takes effect as\nsoon as the notice is given to the engineer;\n\nPart 6 Regulatory action—professional engineers\nDivision 6.2 Immediate suspension or cancellation of registration\nSection 41\npage 32 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the registration is suspended—the period of the suspension;\n(c) the reason for the suspension or cancellation;\n(d) that the engineer may make an application to the registrar under\nsection 43 (Revoking immediate suspension or cancellation).\n(4) However, the registrar may give a professional engineer an\nimmediate action notice orally if the registrar believes there is an\nimmediate risk to the safety of any person.\n(5) If the registrar gives the immediate action notice orally, the registrar\nmust also give the professional engineer a written notice that includes\nthe information mentioned in subsection (3) as soon as practicable,\nbut not later than 7 days after the notice was given orally.\n(6) Suspension or cancellation under this section takes effect when—\n(a) for an immediate action notice given orally and in writing—the\noral notice is given to the professional engineer; or\n(b) for an immediate action notice given only in writing—the\nwritten notice is given to the professional engineer.\n(7) A suspension under this section ends—\n(a) if the registrar suspends the registration for a fixed period—on\nthe day stated in the immediate action notice; or\n(b) if the registrar suspends the registration until a particular event\nhappens—when the event happens; or\n(c) if disciplinary action is taken against the professional\nengineer—when the disciplinary action takes effect; or\n(d) if disciplinary action is not taken against the professional\nengineer—on the earliest of the following:\n(i) when the registrar gives the engineer written notice that the\nregistrar will not take disciplinary action against the\nengineer;\n\nRegulatory action—professional engineers Part 6\nImmediate suspension or cancellation of registration Division 6.2\nSection 42\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) 90 days after the immediate suspension notice is given to\nthe engineer; or\n(e) if the registrar revokes the suspension or cancellation under\nsection 43—the day stated in the written notice given to the\nperson under section 43 (4).\n","sortOrder":35},{"sectionNumber":"42","sectionType":"section","heading":"Effect of immediate suspension","content":"42 Effect of immediate suspension\nIf the registration of a professional engineer is immediately\nsuspended under section 41, the individual is taken not to be a\nprofessional engineer during the period of suspension.\n","sortOrder":36},{"sectionNumber":"43","sectionType":"section","heading":"Revoking immediate suspension or cancellation","content":"43 Revoking immediate suspension or cancellation\n(1) The registrar may revoke an immediate suspension or cancellation—\n(a) on written application by the person whose registration is\nsuspended or cancelled; or\n(b) on the registrar’s own initiative.\n(2) An application by a person under subsection (1) (a) must be made not\nlater than 14 days after the day the person is given the immediate\naction notice.\n(3) The registrar may revoke the immediate suspension or cancellation\nunder subsection (1) if—\n(a) for an application made under subsection (1) (a)—\n(i) the application was made in accordance with\nsubsection (2); and\n(ii) the registrar has considered any reasons given by the\nperson requesting the revocation; and\n(b) the registrar has considered any matter prescribed by regulation.\n\n","sortOrder":37},{"sectionNumber":"Part 6","sectionType":"part","heading":"Regulatory action—professional engineers","content":"Part 6 Regulatory action—professional engineers\nDivision 6.3 Other regulatory action\nSection 44\npage 34 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the registrar revokes the immediate suspension or cancellation, the\nregistrar must give the person a written notice that states—\n(a) that the suspension or cancellation has been revoked; and\n(b) the day on which the revocation takes effect.\nDivision 6.3 Other regulatory action\n","sortOrder":38},{"sectionNumber":"44","sectionType":"section","heading":"Voluntary cancellation of registration","content":"44 Voluntary cancellation of registration\nThe registrar must cancel the registration of a professional engineer\nif—\n(a) the engineer asks, in writing, for the cancellation; and\n(b) the registrar is satisfied that it is appropriate to cancel the\nregistration.\n","sortOrder":39},{"sectionNumber":"45","sectionType":"section","heading":"Application to disqualify person from applying for","content":"45 Application to disqualify person from applying for\nregistration\n(1) This section applies if the registrar suspends or cancels the\nregistration of a professional engineer under division 6.1\n(Disciplinary action).\n(2) On application by the registrar, the ACAT may make the following\norders:\n(a) if the registrar has suspended the professional engineer’s\nregistration—\n(i) an order cancelling the person’s registration; and\n(ii) an order disqualifying the person from applying for\nregistration as a professional engineer—\n(A) for a stated period of not more than 5 years; or\n(B) until a stated event happens;\n\nRegulatory action—professional engineers Part 6\nMiscellaneous Division 6.4\nSection 46\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the registrar has cancelled the professional engineer’s\nregistration—an order disqualifying the person from applying\nfor registration as a professional engineer—\n(i) for a stated period of not more than 5 years; or\n(ii) until a stated event happens;\n(c) an order requiring the person to pay the Territory a stated\namount of not more than $20 000;\n(d) any other order the ACAT considers appropriate.\n(3) Before making an order under subsection (2), the ACAT must\nconsider any matter prescribed by regulation.\n(4) If the ACAT makes an order under subsection (2) (c), the amount may\nbe recovered as a debt payable to the Territory.\nNote An amount owing under a law may be recovered as a debt in a court of\ncompetent jurisdiction or the ACAT (see Legislation Act, s 177).\n","sortOrder":40},{"sectionNumber":"Div 6","sectionType":"division","heading":"4 Miscellaneous","content":"Division 6.4 Miscellaneous\n","sortOrder":41},{"sectionNumber":"46","sectionType":"section","heading":"Registrar may consult people before exercising functions","content":"46 Registrar may consult people before exercising functions\n(1) In exercising functions under this part, the registrar may consult any\nperson the registrar considers appropriate.\n(2) For subsection (1), the registrar is authorised to disclose information\nthat relates to the exercise of the function.\n\nPart 7 Enforcement\nDivision 7.1 Preliminary\nSection 47\npage 36 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Enforcement\nDivision 7.1 Preliminary\n47 Definitions—pt 7\nIn this part:\nat premises includes in or on the premises.\noccupier, of premises, includes—\n(a) a person an authorised person believes on reasonable grounds to\nbe an occupier of the premises; and\n(b) a person apparently in charge of the premises.\npremises includes land.\nDivision 7.2 Authorised people generally\n","sortOrder":42},{"sectionNumber":"48","sectionType":"section","heading":"Appointment of authorised people","content":"48 Appointment of authorised people\nThe registrar may appoint a public servant as an authorised person for\nthis Act.\nNote For laws about appointments, see the Legislation Act, pt 19.3.\n","sortOrder":43},{"sectionNumber":"49","sectionType":"section","heading":"Identity cards","content":"49 Identity cards\n(1) The registrar must give each authorised person an identity card that\nstates the person’s name and appointment as an authorised person,\nand shows—\n(a) a recent photograph of the person; and\n(b) the date of issue of the card; and\n(c) the date of expiry of the card; and\n(d) anything else prescribed by regulation.\n\nEnforcement Part 7\nAuthorised people generally Division 7.2\nSection 50\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if the person—\n(a) stops being an authorised person; and\n(b) does not return the person’s identity card to the registrar as soon\nas practicable (but within 7 days) after the day the person stops\nbeing an authorised person.\nMaximum penalty: 1 penalty unit.\n(3) Subsection (2) does not apply to a person if the person’s identity card\nis—\n(a) lost or stolen; or\n(b) destroyed by someone else.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n(4) An offence against this section is a strict liability offence.\n","sortOrder":44},{"sectionNumber":"50","sectionType":"section","heading":"Authorised person must show identity card on exercising","content":"50 Authorised person must show identity card on exercising\npower of entry\nBefore exercising a power under this Act (other than a power under\nsection 55), the authorised person must show their identity card to—\n(a) if the exercise of the power affects an individual—the\nindividual; or\n(b) if the exercise of the power affects a person other than an\nindividual—an individual the authorised person believes on\nreasonable grounds is an employee, officer or agent of the\nperson.\n\nPart 7 Enforcement\nDivision 7.3 Powers of authorised people\nSection 51\npage 38 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 7.3 Powers of authorised people\n","sortOrder":45},{"sectionNumber":"51","sectionType":"section","heading":"Power to enter premises","content":"51 Power to enter premises\n(1) For this Act, an authorised person may—\n(a) at any reasonable time, enter premises that the public is entitled\nto use or that are open to the public (whether or not on payment\nof money); or\n(b) at any time, enter premises with the occupier’s consent.\n(2) However subsection (1) (a) does not authorise entry into a part of the\npremises that is being used only for residential purposes.\n(3) If an authorised person wants to ask for consent to enter a building or\nother structure on premises, the person may, without the occupier’s\nconsent, enter any land that forms part of the premises to ask for the\nconsent.\n(4) To remove any doubt, an authorised person may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n(5) The authorised person may enter the premises with necessary\nassistance.\n(6) In this section:\nnecessary assistance, for an authorised person entering premises,\nincludes the attendance of 1 or more people who, in the opinion of\nthe authorised person, have knowledge or skills that could assist the\nauthorised person to carry out their function.\n","sortOrder":46},{"sectionNumber":"52","sectionType":"section","heading":"Production of identity card","content":"52 Production of identity card\nAn authorised person and any other person (other than a police\nofficer) who is accompanying the authorised person may not remain\nat premises entered under this part if the authorised person does not\nproduce their identity card when asked by the occupier.\n\nEnforcement Part 7\nPowers of authorised people Division 7.3\nSection 53\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":47},{"sectionNumber":"53","sectionType":"section","heading":"Consent to entry","content":"53 Consent to entry\n(1) When seeking the consent of an occupier to enter premises under\nsection 51 (1) (b), an authorised person must—\n(a) produce their identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found under this part may be used in evidence\nin court; and\n(iv) that consent may be refused.\n(2) If the occupier consents, the authorised person must ask the occupier\nto sign a written acknowledgment (an acknowledgment of\nconsent)—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) the reason for, and identity of, any other person\naccompanying the authorised person; and\n(iii) that anything found under this part may be used in evidence\nin court; and\n(iv) that consent may be refused; and\n(b) that the occupier consents to the entry; and\n(c) stating the time and date when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the authorised\nperson must immediately give a copy to the occupier.\n\nPart 7 Enforcement\nDivision 7.3 Powers of authorised people\nSection 54\npage 40 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A court must find that the occupier did not consent to entry to the\npremises by an authorised person under this part if—\n(a) the question whether the occupier consented to the entry arises\nin a proceeding in the court; and\n(b) an acknowledgment of consent for the entry is not produced in\nevidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":48},{"sectionNumber":"54","sectionType":"section","heading":"General powers on entry to premises","content":"54 General powers on entry to premises\n(1) If an authorised person enters premises under this division, the\nauthorised person may, for this Act, do 1 or more of the following in\nrelation to the premises or anything at the premises:\n(a) examine anything;\n(b) examine and copy, or take extracts from, documents relating to\na contravention, or possible contravention, of this Act;\n(c) take photographs, films, or audio, video or other recordings;\n(d) require the occupier, or anyone at the premises, to give\ninformation, answer questions, or produce documents or\nanything else (whether the information, document or other thing\nis at the premises or elsewhere) that the occupier or person at the\npremises has, or has access to, that are reasonably necessary to\nexercise a function under this Act;\n(e) require the occupier, or anyone else at the premises, to give the\nauthorised person copies of documents produced under\nparagraph (d) that are reasonably necessary to exercise a\nfunction under this Act;\n(f) require the occupier, or anyone else at the premises, to give the\nauthorised person reasonable help to exercise a power under this\ndivision.\n\nEnforcement Part 7\nPowers of authorised people Division 7.3\nSection 55\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (d), (e) or (f).\nMaximum penalty: 50 penalty units.\n","sortOrder":49},{"sectionNumber":"55","sectionType":"section","heading":"Power to obtain, inspect and copy documents","content":"55 Power to obtain, inspect and copy documents\n(1) An authorised person may, in writing, require any of the following\npeople to give the authorised person information, or produce\ndocuments or anything else, that the person has, or has access to, that\nare reasonably required by the authorised person for this Act:\n(a) a professional engineer;\n(b) an employer or former employer of a professional engineer;\n(c) an employee or former employee of a professional engineer.\n(2) A person must take reasonable steps to comply with a requirement\nmade of the person under this section.\nMaximum penalty: 50 penalty units.\nNote 1 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\nNote 2 The Legislation Act, s 171 deals with the application of client legal\nprivilege.\n","sortOrder":50},{"sectionNumber":"56","sectionType":"section","heading":"Abrogation of privilege against self-incrimination","content":"56 Abrogation of privilege against self-incrimination\n(1) A person is not excused from answering a question or providing\ninformation or a document under this division on the ground that the\nanswer to the question, or the information or document, may tend to\nincriminate the person or expose the person to a penalty.\n\n","sortOrder":51},{"sectionNumber":"Part 7","sectionType":"part","heading":"Enforcement","content":"Part 7 Enforcement\n","sortOrder":52},{"sectionNumber":"Div 7","sectionType":"division","heading":"3 Powers of authorised people","content":"Division 7.3 Powers of authorised people\nSection 57\npage 42 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, any information, document or thing obtained, directly or\nindirectly, because of the giving of the answer or the production of\nthe document is not admissible in evidence against the person in a\ncivil or criminal proceeding, other than a proceeding for an offence\narising out of the false or misleading nature of the answer,\ninformation or document.\n","sortOrder":53},{"sectionNumber":"57","sectionType":"section","heading":"Warning to be given","content":"57 Warning to be given\n(1) Before requiring a person to comply with a requirement under\nsection 54 (1) (d) or (e) or section 55, an authorised person must warn\nthe person—\n(a) that failure to comply constitutes an offence; and\n(b) about the effect of section 56.\n(2) It is not an offence for an individual to refuse to answer a question\nput by an authorised person or provide information or a document to\nan authorised person under section 54 (1) (d) or (e) or section 55 on\nthe ground that the question, information or document might tend to\nincriminate the individual, unless the individual was first given the\nwarning in subsection (1) (b).\n(3) Nothing in this section prevents an authorised person from obtaining\nand using evidence given to the authorised person voluntarily by any\nperson.\n\nOffences Part 8\nSection 58\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Offences\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"Providing professional engineering service without","content":"58 Providing professional engineering service without\nregistration\n(1) A person commits an offence if the person—\n(a) carries out a professional engineering service other than under\nthe direction and oversight of a professional engineer who is\nresponsible for the service; and\n(b) is not registered to carry out the professional engineering\nservice; and\n(c) is reckless about whether the person is registered to carry out the\nprofessional engineering service.\nMaximum penalty: 100 penalty units.\n(2) A person commits an offence if the person—\n(a) carries out a professional engineering service other than under\nthe direction and oversight of a professional engineer who is\nresponsible for the service; and\n(b) is not registered to carry out the professional engineering\nservice.\nMaximum penalty: 50 penalty units.\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":55},{"sectionNumber":"59","sectionType":"section","heading":"False or misleading representation about registration","content":"59 False or misleading representation about registration\n(1) A person commits an offence if the person—\n(a) makes a false or misleading representation that the person is\nregistered to carry out a professional engineering service; and\n(b) the representation is false or misleading in a material particular;\nand\n\nPart 8 Offences\nSection 60\npage 44 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person is reckless about whether the representation is false\nor misleading.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if the person—\n(a) makes a false or misleading representation that the person is\nregistered to carry out a professional engineering service; and\n(b) the representation is false or misleading in a material particular.\nMaximum penalty: 30 penalty units.\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":56},{"sectionNumber":"60","sectionType":"section","heading":"Failure to comply with condition of registration","content":"60 Failure to comply with condition of registration\n(1) A professional engineer commits an offence if—\n(a) the engineer’s registration is subject to a condition; and\n(b) the engineer fails to comply with the condition.\nMaximum penalty: 30 penalty units.\n(2) An offence against this section is a strict liability offence.\n","sortOrder":57},{"sectionNumber":"61","sectionType":"section","heading":"Failure to comply with approved code of practice","content":"61 Failure to comply with approved code of practice\n(1) A professional engineer commits an offence if—\n(a) an approved code of practice applies to the engineer; and\n(b) the engineer fails to comply with a requirement of the approved\ncode of practice; and\n(c) the engineer is reckless about whether the conduct complies\nwith the approved code of practice.\nMaximum penalty: 50 penalty units.\n\nOffences Part 8\nSection 62\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A professional engineer commits an offence if—\n(a) an approved code of practice applies to the engineer; and\n(b) the engineer fails to comply with a requirement of the approved\ncode of practice.\nMaximum penalty: 30 penalty units.\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":58},{"sectionNumber":"62","sectionType":"section","heading":"Allowing unregistered people to provide professional","content":"62 Allowing unregistered people to provide professional\nengineering service\n(1) A person commits an offence if—\n(a) the person engages or allows another person, including an\nemployee, (the worker) to carry out a professional engineering\nservice; and\n(b) the worker is not registered to carry out the professional\nengineering service; and\n(c) the person is reckless about whether the worker is registered to\ncarry out the professional engineering service.\nMaximum penalty: 50 penalty units.\n(2) Each member of a partnership commits an offence if—\n(a) a partner engages or allows a worker to carry out a professional\nengineering service; and\n(b) the worker is not registered to carry out the professional\nengineering service; and\n(c) the partner is reckless about whether the worker is registered to\ncarry out the professional engineering service.\nMaximum penalty: 50 penalty units.\n\n","sortOrder":59},{"sectionNumber":"Part 8","sectionType":"part","heading":"Offences","content":"Part 8 Offences\nSection 62\npage 46 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) It is a defence to a prosecution for an offence against subsection (2)\nif the partner proves that the partner—\n(a) did not know about the contravention of the subsection involved\nin the offence; and\n(b) either—\n(i) took reasonable precautions and exercised appropriate\ndiligence to avoid the contravention; or\n(ii) was not in a position to influence the partnership in relation\nto the conduct involved in the contravention.\nNote The defendant has a legal burden in relation to the matters mentioned in\ns (3) (see Criminal Code, s 59).\n\nComplaints about professional engineers Part 9\nPreliminary Division 9.1\nSection 63\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 9 Complaints about professional\nengineers\nDivision 9.1 Preliminary\n63 Definitions—pt 9\nIn this part:\naggrieved person means a person who may make a complaint about\na professional engineer.\ncomplainant—see section 66 (1) (b).\nprofessional engineer includes a former professional engineer.\nrespondent—see section 66 (1) (d).\nDivision 9.2 Making complaints\n","sortOrder":60},{"sectionNumber":"64","sectionType":"section","heading":"When may someone complain about a professional","content":"64 When may someone complain about a professional\nengineer?\nA person may complain to the registrar about a professional engineer\nif the person believes on reasonable grounds the engineer—\n(a) has contravened this Act; or\n(b) when carrying out a professional engineering service, the\nengineer has—\n(i) failed to meet the standard reasonably expected of a\nprofessional engineer; or\n(ii) not demonstrated a level of competence reasonably\nexpected of a professional engineer; or\n(iii) engaged in improper or unethical conduct; or\n(c) has engaged in any other conduct prescribed by regulation.\n\nPart 9 Complaints about professional engineers\nDivision 9.2 Making complaints\nSection 65\npage 48 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":61},{"sectionNumber":"65","sectionType":"section","heading":"Making a complaint on behalf of another person","content":"65 Making a complaint on behalf of another person\nThe following people may make a complaint under section 64 on\nbehalf of an aggrieved person:\n(a) a person who is the agent of the aggrieved person;\n(b) a person who has guardianship or control of the affairs of the\naggrieved person under another law or an order of a court or\ntribunal.\n","sortOrder":62},{"sectionNumber":"66","sectionType":"section","heading":"Form and contents of complaint","content":"66 Form and contents of complaint\n(1) A complaint must—\n(a) be in writing; and\n(b) include the name and contact details of the aggrieved person (the\ncomplainant); and\n(c) for a complaint made by an agent or representative of an\naggrieved person—include the name and contact details of the\nagent or representative; and\n(d) include the name of the professional engineer the complaint is\nabout (the respondent); and\n(e) include particulars of the complaint about the respondent.\n(2) However, the registrar may accept a complaint for consideration even\nif it does not comply with subsection (1).\n(3) If the registrar accepts a complaint for consideration and the\ncomplaint is not in writing, the registrar must require the complainant\nto put the complaint in writing unless there is a good reason for not\ndoing so.\n\nComplaints about professional engineers Part 9\nDealing with complaints Division 9.3\nSection 67\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":63},{"sectionNumber":"67","sectionType":"section","heading":"Withdrawal of complaint","content":"67 Withdrawal of complaint\n(1) A complainant may withdraw a complaint at any time by giving\nwritten notice to the registrar.\n(2) If the complainant withdraws the complaint, the registrar—\n(a) is not required to continue to act on the complaint; and\n(b) may continue to act on the complaint if the registrar considers it\nappropriate to do so; and\n(c) is not required to give the complainant notice about the outcome\nof the complaint under section 72.\nDivision 9.3 Dealing with complaints\n","sortOrder":64},{"sectionNumber":"68","sectionType":"section","heading":"Notifying professional engineer about complaint","content":"68 Notifying professional engineer about complaint\nAs soon as practicable after accepting a complaint for consideration,\nthe registrar must give the respondent written notice that—\n(a) states that a complaint has been made about the respondent; and\n(b) includes details about the complaint.\n","sortOrder":65},{"sectionNumber":"69","sectionType":"section","heading":"Consideration of complaint","content":"69 Consideration of complaint\n(1) The registrar must take reasonable steps to consider each complaint\naccepted for consideration.\n(2) The registrar’s consideration of a complaint may be conducted in any\nway the registrar decides, unless otherwise expressly provided by this\nAct.\nExample—s (2)\nthe registrar may decide to split a complaint and consider the parts separately\n\n","sortOrder":66},{"sectionNumber":"Part 9","sectionType":"part","heading":"Complaints about professional engineers","content":"Part 9 Complaints about professional engineers\nDivision 9.4 Finalising complaints\nSection 70\npage 50 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":67},{"sectionNumber":"70","sectionType":"section","heading":"Registrar may request information or statement","content":"70 Registrar may request information or statement\n(1) The registrar may, at any time, ask a complainant or respondent to\ngive the registrar information or a statement about the complaint.\nNote 1 It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\nNote 2 The Legislation Act, s 170 and s 171 deal with the application of the\nprivilege against self-incrimination and client legal privilege.\n(2) A request under subsection (1) must—\n(a) be in writing; and\n(b) state the information or statement that the registrar requires; and\n(c) state a reasonable period for the person to comply with the\nrequest; and\n(d) state that the person may seek an extension of the period\nmentioned in paragraph (c) before or after the period ends.\n(3) The registrar may extend the period for the complainant or respondent\nto comply with a request under subsection (1) before or after the\nperiod ends.\n(4) If the complainant does not comply with a request under\nsubsection (1), the registrar may, but is not required to, take further\naction on the complaint.\nDivision 9.4 Finalising complaints\n","sortOrder":68},{"sectionNumber":"71","sectionType":"section","heading":"No further action","content":"71 No further action\nThe registrar must not take further action on a complaint if the\nregistrar is satisfied that the complaint—\n(a) lacks substance or credibility; or\n(b) is frivolous, vexatious, or was made other than in good faith; or\n\nComplaints about professional engineers Part 9\nMiscellaneous Division 9.5\nSection 72\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) has been adequately dealt with.\n","sortOrder":69},{"sectionNumber":"72","sectionType":"section","heading":"Notice of outcome of complaint consideration","content":"72 Notice of outcome of complaint consideration\n(1) The registrar must, after finalising a complaint under this part, give\nthe complainant and the respondent a written notice that includes\ninformation about the outcome of the complaint.\n(2) If, after finalising a complaint under this part, the registrar is satisfied\nthat a ground for disciplinary action exists, the registrar must consider\ntaking disciplinary action against the professional engineer under\ndivision 6.1 (Disciplinary action).\n","sortOrder":70},{"sectionNumber":"Div 9","sectionType":"division","heading":"5 Miscellaneous","content":"Division 9.5 Miscellaneous\n","sortOrder":71},{"sectionNumber":"73","sectionType":"section","heading":"Immunity from liability","content":"73 Immunity from liability\nIf a person makes a complaint—\n(a) the making of the complaint is not—\n(i) a breach of confidence; or\n(ii) a breach of professional etiquette or ethics; or\n(iii) a breach of a rule of professional conduct; and\n(b) the complainant does not incur civil or criminal liability only\nbecause of the making of the complaint.\n\nPart 10 Information sharing\nDivision 10.1 Information sharing—public safety information\nSection 74\npage 52 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 10 Information sharing\nDivision 10.1 Information sharing—public safety\ninformation\n74 Definitions—div 10.1\n(1) In this division:\nlaw of another jurisdiction means a law of the Commonwealth, a\nState or the Northern Territory.\nnon-territory agency means an agency of the Commonwealth, a State\nor the Northern Territory that exercises functions substantively\ncorresponding to those exercised by a public safety agency.\npublic safety agency means any of the following:\n(a) the registrar;\n(b) the director-general responsible for this Act or an operational\nAct;\n(c) an inspector appointed under an operational Act;\n(d) the director-general responsible for the Emergencies Act 2004;\n(e) the commissioner and chief officers appointed under the\nEmergencies Act 2004;\n(f) an inspector appointed under the Emergencies Act 2004;\n(g) the director-general responsible for the Work Health and Safety\nAct 2011;\n(h) the commissioner appointed under the Work Health and Safety\nAct 2011;\n(i) an inspector appointed under the Work Health and Safety\nAct 2011;\n(j) an agency prescribed by regulation.\n\nInformation sharing Part 10\nInformation sharing—public safety information Division 10.1\nSection 75\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npublic safety information means information in relation to a situation\nthat presents, or is likely to present, a risk of death or injury to a\nperson, significant harm to the environment or significant damage to\nproperty, that is disclosed to, or obtained by, a public safety agency\nbecause the agency is, or has been, a public safety agency.\n(2) In this section:\noperational Act means any of the following:\n(a) Building Act 2004;\n(b) Construction Occupations (Licensing) Act 2004;\n(c) Dangerous Substances Act 2004;\n(d) Electricity Safety Act 1971;\n(e) Gas Safety Act 2000;\n(f) Planning Act 2023;\n(g) Property Developers Act 2024;\n(h) Unit Titles Act 2001;\n(i) Utilities Act 2000;\n(j) Water and Sewerage Act 2000.\n","sortOrder":72},{"sectionNumber":"75","sectionType":"section","heading":"Sharing public safety information—territory agencies","content":"75 Sharing public safety information—territory agencies\n(1) A public safety agency may—\n(a) give public safety information to another public safety agency\n(the receiving agency); and\n(b) impose conditions on how the receiving agency uses, stores or\nshares the information.\n(2) A public safety agency (the requesting agency) may request public\nsafety information from another public safety agency.\n\nPart 10 Information sharing\nDivision 10.2 Information sharing—protected information\nSection 76\npage 54 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If a public safety agency receives a request under subsection (2), the\nagency may comply with the request if it is satisfied that the\nrequesting agency will use the information only to exercise a function\ngiven to the requesting agency under a territory law.\n","sortOrder":73},{"sectionNumber":"76","sectionType":"section","heading":"Sharing public safety information—non-territory agencies","content":"76 Sharing public safety information—non-territory agencies\n(1) A public safety agency may give public safety information to a\nnon-territory agency if the public safety agency is satisfied that—\n(a) the information relates to a function of the non-territory agency;\nand\n(b) the information relates to compliance with a law of the\nCommonwealth, a State or the Northern Territory that provides\nfor public safety; and\n(c) the non-territory agency that receives the information\n(the receiving agency) will use the information only to exercise\na function the receiving agency has under a law mentioned in\nsubsection (1) (b); and\n(d) giving the information will not unreasonably compromise the\nexercise of a function under a territory law.\n(2) A public safety agency may impose conditions on how the\nnon-territory agency uses, stores or shares the public safety\ninformation.\nDivision 10.2 Information sharing—protected\ninformation\n","sortOrder":74},{"sectionNumber":"77","sectionType":"section","heading":"Offences—use or divulge protected information","content":"77 Offences—use or divulge protected information\n(1) A person commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n\nInformation sharing Part 10\nInformation sharing—protected information Division 10.2\nSection 77\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply—\n(a) if the information is used or divulged—\n(i) under this Act, another territory law, or another law in\nforce in the Territory; or\n(ii) in relation to the exercise of a function by a public official\nunder this Act or another territory law; or\n(iii) in a court proceeding; or\n(b) to the using or divulging of protected information about a person\nwith the person’s consent.\n(4) A public official need not divulge protected information to a court, or\nproduce a document containing protected information to a court,\nunless it is necessary to do so for this Act or another law in force in\nthe Territory.\n\n","sortOrder":75},{"sectionNumber":"Part 10","sectionType":"part","heading":"Information sharing","content":"Part 10 Information sharing\n","sortOrder":76},{"sectionNumber":"Div 10","sectionType":"division","heading":"2 Information sharing—protected information","content":"Division 10.2 Information sharing—protected information\nSection 77\npage 56 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by a public official because of the exercise,\nor the purported exercise, of a function under this Act by the public\nofficial or someone else.\nuse, in relation to information, includes make a record of the\ninformation.\n\nNotification and review of decisions Part 11\nSection 78\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 11 Notification and review of\ndecisions\n78 Definitions—pt 11\nIn this part:\nACAT reviewable decision means a decision mentioned in\nschedule 1, part 1.2, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\naffected person means a person mentioned in schedule 1, column 4\nin relation to a decision.\ndecision-maker means the decision-maker for a reconsideration\napplication.\ninternally reviewable decision means a decision mentioned in\nschedule 1, part 1.1, column 3 under a provision of this Act\nmentioned in column 2 in relation to the decision.\ninternal review notice—see the ACT Civil and Administrative\nTribunal Act 2008, section 67B (1).\nreconsideration application—see section 79 (1).\n","sortOrder":77},{"sectionNumber":"79","sectionType":"section","heading":"Applications for reconsideration","content":"79 Applications for reconsideration\n(1) An affected person may make an application for reconsideration of\nan internally reviewable decision (a reconsideration application).\n(2) A reconsideration application must—\n(a) be in writing; and\n(b) set out the grounds on which reconsideration is sought; and\n(c) be made not later than—\n(i) 28 days after the internal review notice is given to the\naffected person; or\n\n","sortOrder":78},{"sectionNumber":"Part 11","sectionType":"part","heading":"Notification and review of decisions","content":"Part 11 Notification and review of decisions\nSection 80\npage 58 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) any longer period allowed by the registrar.\n(3) The making of a reconsideration application does not stay the\ninternally reviewable decision or otherwise prevent action being\ntaken as a result of the decision.\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Reconsideration of internally reviewable decisions","content":"80 Reconsideration of internally reviewable decisions\n(1) Within 30 days after receiving a reconsideration application, the\ndecision-maker must—\n(a) reconsider the internally reviewable decision; and\n(b) confirm, vary or set aside the decision.\n(2) The decision-maker must be a different person to the person who\nmade the internally reviewable decision.\n(3) If the decision-maker does not confirm, vary or set aside the internally\nreviewable decision within 30 days after receiving the\nreconsideration application, the decision-maker is taken to have\nconfirmed the decision.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Reviewable decision notice","content":"81 Reviewable decision notice\nIf the decision-maker makes an ACAT reviewable decision, the\ndecision-maker must give a reviewable decision notice to the registrar\nand each affected person.\nNote The decision-maker must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Applications for review of ACAT reviewable decisions","content":"82 Applications for review of ACAT reviewable decisions\nAn affected person may apply to the ACAT for a review of an ACAT\nreviewable decision.\n\nMiscellaneous Part 12\nSection 83\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 12 Miscellaneous\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Qualifications, experience and competencies for","content":"83 Qualifications, experience and competencies for\nprofessional engineers\n(1) The Minister must determine the qualifications, experience and\ncompetencies that an individual must have to be eligible to be a\nprofessional engineer.\nExamples—qualifications, experience and competencies\n1 a formal academic qualification\n2 a stated period of experience\n(2) A determination is a disallowable instrument.\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Continuing professional development for professional","content":"84 Continuing professional development for professional\nengineers\n(1) The Minister may determine continuing professional development for\nprofessional engineers.\n(2) A determination is a disallowable instrument.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Codes of practice","content":"85 Codes of practice\n(1) The Minister may approve a code of practice for—\n(a) professional engineers; or\n(b) an area of engineering; or\n(c) a professional engineering service.\n(2) An approved code of practice is a disallowable instrument.\n\n","sortOrder":85},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous","content":"Part 12 Miscellaneous\nSection 86\npage 60 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Protection of public officials from liability","content":"86 Protection of public officials from liability\n(1) A public official is not civilly liable for conduct engaged in honestly\nand without recklessness—\n(a) in the exercise of a function under this Act or another territory\nlaw; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act or another territory law.\n(2) Any liability that would, apart from this section, attach to the public\nofficial attaches instead to the Territory.\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Applying, adopting or incorporating documents in","content":"87 Applying, adopting or incorporating documents in\nregulations and certain instruments\n(1) This section applies to the following:\n(a) a regulation made under this Act;\n(b) an instrument made under—\n(i) section 83 (Qualifications, experience and competencies\nfor professional engineers); or\n(ii) section 84 (Continuing professional development for\nprofessional engineers); or\n(iii) section 85 (Codes of practice).\n(2) A regulation or instrument may apply, adopt or incorporate (with or\nwithout change or modification)—\n(a) a law or an Australian Standard as in force from time to time; or\n(b) another instrument as in force from time to time.\n(3) The Legislation Act, section 47 (5) and (6) do not apply to a document\napplied, adopted or incorporated under subsection (2).\n\nMiscellaneous Part 12\nSection 88\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The director-general must ensure that an instrument that is applied,\nadopted or incorporated under subsection (2) (b) is—\n(a) available for inspection by anyone without charge during\nordinary business hours at an ACT government office; or\n(b) accessible on an ACT government website, or by a link on an\nACT government website.\n(5) An instrument that is applied, adopted or incorporated under\nsubsection (2) (b) is not enforceable by or against the Territory or\nanyone else unless it is made accessible in accordance with\nsubsection (4).\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Determination of fees","content":"88 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Regulation-making power","content":"89 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n\nSchedule 1 Reviewable decisions\nPart 1.1 Internally reviewable decisions\npage 62 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":90},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see pt 11)\nPart 1.1 Internally reviewable decisions\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\naffected person\n1 16 (3) refuse to consider\napplication for\nregistration\napplicant for registration\n2 18 (4) refuse to consider\napplication for renewal\napplicant for registration\nrenewal\n3 20 (2) refuse to consider\napplication further\napplicant for registration or\nregistration renewal\n4 22 (1) (b) refuse to register\nindividual as\nprofessional engineer\napplicant for registration\n5 22 (2) (b) refuse to renew\nregistration of\nprofessional engineer\napplicant for registration\nrenewal\n6 24 (1) (a) impose condition on\nregistration\nprofessional engineer\n7 28 vary, or refuse to vary,\nregistration\nprofessional engineer\n8 44 refuse to cancel\nregistration of\nprofessional engineer\nprofessional engineer\n\nReviewable decisions Schedule 1\nACAT reviewable decisions Part 1.2\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":91},{"sectionNumber":"Part 1","sectionType":"part","heading":"2 ACAT reviewable decisions","content":"Part 1.2 ACAT reviewable decisions\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\naffected person\n1 32 (2) (b) (i) impose condition on\napproval\nassessment entity\n2 33 vary, or refuse to vary,\napproval\nassessment entity\n3 34 (1) refuse to revoke\napproval\nassessment entity\n4 34 (2) revoke approval assessment entity\n5 38 (1) take disciplinary action\nagainst professional\nengineer\nprofessional engineer\n6 41 immediately suspend\nor cancel registration\nof professional\nengineer\nprofessional engineer\n7 43 refuse to revoke\nimmediate suspension\nor cancellation\nprofessional engineer\n8 80 confirm, vary or set\naside internally\nreviewable decision\nperson applying for\nreconsideration\n\nDictionary\npage 64 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote The Legislation Act contains definitions relevant to this Act.\nFor example:\n• ACAT\n• ACT\n• appoint\n• bankrupt or personally insolvent\n• corporation\n• indictable offence (see s 190)\n• individual\n• proceeding.\nACAT reviewable decision, for part 11 (Notification and review of\ndecisions)—see section 78.\naffected person, for part 11 (Notification and review of decisions)—\nsee section 78.\naggrieved person, for part 9 (Complaints about professional\nengineers)—see section 63.\napplication for registration—see section 16 (1).\napplication for renewal—see section 18 (1).\napproved code of practice means a code of practice approved under\nsection 85.\narea of engineering—see section 9 (1).\nassessment entity means an entity approved under section 32 to\nconduct an assessment scheme.\nassessment scheme, for part 5 (Assessment entities)—\nsee section 32 (1).\n\nDictionary\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nauthorised person means—\n(a) the registrar; and\n(b) a deputy registrar; and\n(c) a person appointed as an authorised person under section 48.\ncarry out, a professional engineering service, includes being\nresponsible for the carrying out of a professional engineering service.\ncomplainant, for part 9 (Complaints about professional engineers)—\nsee section 66 (1) (b).\nconduct means an act or an omission to do an act.\ndecision-maker, for part 11 (Notification and review of decisions)—\nsee section 78.\ndeputy registrar means a person appointed as a deputy registrar under\nsection 12.\ndisciplinary action, against a professional engineer, for division 6.1\n(Disciplinary action)—see section 35.\nengineers register—see section 30 (1).\nformer professional engineer means an individual who has been a\nprofessional engineer.\nground for disciplinary action, for division 6.1 (Disciplinary\naction)—see section 36 (1).\nimmediate action notice—see section 41 (3).\ninternally reviewable decision, for part 11 (Notification and review\nof decisions)—see section 78.\ninternal review notice, for part 11 (Notification and review of\ndecisions)—see the ACT Civil and Administrative Tribunal Act 2008,\nsection 67B (1).\nlaw of another jurisdiction, for division 10.1 (Information sharing—\npublic safety information)—see section 74.\n\nDictionary\npage 66 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nnon-territory agency, for division 10.1 (Information sharing—public\nsafety information)—see section 74.\nprofessional engineer—\n(a) for this Act generally—see section 7; and\n(b) for division 6.1 (Disciplinary action)—see section 35; and\n(c) for part 9 (Complaints about professional engineers)—\nsee section 63.\nprofessional engineering service—see section 8 (1).\nproposed disciplinary action, for division 6.1 (Disciplinary action)—\nsee section 37 (1).\npublic official means a person who is, or has been, any of the\nfollowing:\n(a) the director-general;\n(b) the registrar;\n(c) the deputy registrar;\n(d) an authorised person;\n(e) a person exercising a function under this Act.\npublic safety agency, for division 10.1 (Information sharing—public\nsafety information)—see section 74.\npublic safety information, for division 10.1 (Information sharing—\npublic safety information)—see section 74.\nreconsideration application, for part 11 (Notification and review of\ndecisions)—see section 79 (1).\nregistered means registered as a professional engineer under this Act.\nregistrar means the person appointed as the Australian Capital\nTerritory Professional Engineers Registrar under section 10.\n\nDictionary\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nregistration means registration as a registered engineer under this\nAct.\nregistration certificate—see section 26 (2).\nregistration number—see section 26 (2) (c).\nrelevant law means a law of the ACT, the Commonwealth, a State or\nthe Northern Territory relating to—\n(a) the carrying out of an engineering service (however described);\nor\n(b) a registration authorising an individual to carry out an\nengineering service (however described).\nrequired qualifications, experience and competencies means the\nqualifications, experience and competencies determined by the\nMinister under section 83.\nrespondent, for part 9 (Complaints about professional engineers)—\nsee section 66 (1) (d).\nshow cause notice, for division 6.1 (Disciplinary action)—\nsee section 37 (2).\nsuitability information, about an individual, for part 4 (Registration\nof professional engineers)—see section 15 (1).\n\nEndnotes\n1 About the endnotes\npage 68 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n","sortOrder":92},{"sectionNumber":"1","sectionType":"section","heading":"About the endnotes","content":"1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":93},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 69\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":94},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\nProfessional Engineers Act 2023 A2023-8\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\ns 3, s 4, pt 2, pt 3, pt 5, pt 11, pt 12, sch 1 commenced 6 March 2024\n(s 2 (1) (as am by A2023-20 pt 5) and CN2024-1)\nremainder commenced 6 March 2025 (s 2 (2) (as am by A2023-20 pt 5\nand A2024-21 pt 6))\nas amended by\nPlanning and Environment Legislation Amendment Act 2023\nA2023-20 pt 5\nnotified LR 21 June 2023\ns 1, s 2 commenced 21 June 2023 (LA s 75 (1))\npt 5 commenced 22 June 2023 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.51\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.51 commenced 6 March 2025 (s 2 (2) and see A2023-8 s 2\n(as am by A2023-20 pt 5 and A2024-21 pt 6))\nPlanning and Environment Legislation Amendment Act 2024\nA2024-21 pt 6\nnotified LR 24 May 2024\ns 1, s 2 commenced 24 May 2024 (LA s 75 (1))\npt 6 commenced 25 May 2024 (s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.68\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.68 commenced 26 November 2025 (s 2 (3))\nBuilding and Construction Legislation Amendment Act 2026 A2026-2\npt 7\nnotified LR 16 February 2026\ns 1, s 2 commenced 16 February 2026 (LA s 75 (1))\npt 7 commenced 23 February 2026 (s 2 (1))\n\nEndnotes\n4 Amendment history\npage 70 Professional Engineers Act 2023\nEffective: 23/02/26\nR5\n23/02/26\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":95},{"sectionNumber":"4","sectionType":"section","heading":"Amendment history","content":"4 Amendment history\nCommencement\ns 2 am A2023-20 s 16, s 17; A2024-21 s 21\nom LA s 89 (4)\nDefinitions—div 10.1\ns 74 am A2023-36 amdt 1.311; A2026-2 s 54; pars renum R5 LA\nApplying, adopting or incorporating documents in regulations and certain\ninstruments\ns 87 hdg sub A2025-29 amdt 3.227\ns 87 am A2025-29 amdts 3.228-3.232; pars renum R4 LA; A2026-2\ns 55\nConsequential amendments\npt 13 om LA s 89 (3)\nConsequential amendments\ns 90 om LA s 89 (3)\nConsequential amendments\nsch 2 om LA s 89 (3)\nBuilding Act 2004\nsch 2 pt 2.1 om LA s 89 (3)\nConstruction Occupations (Licensing) Act 2004\nsch 2 pt 2.2 om LA s 89 (3)\n\nEndnotes\nEarlier republications 5\nR5\n23/02/26\nProfessional Engineers Act 2023\nEffective: 23/02/26\npage 71\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":96},{"sectionNumber":"5","sectionType":"section","heading":"Earlier republications","content":"5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n6 Mar 2024\n6 Mar 2024–\n24 May 2024\nA2023-20 new Act and\namendments by\nA2023-20\nR2\n25 May 2024\n","sortOrder":97},{"sectionNumber":"25","sectionType":"section","heading":"May 2024–","content":"25 May 2024–\n5 Mar 2025\nA2024-21 amendments by\nA2024-21\nR3\n6 Mar 2025\n","sortOrder":98},{"sectionNumber":"6","sectionType":"section","heading":"Mar 2025–","content":"6 Mar 2025–\n25 Nov 2025\nA2024-21 commenced\nprovisions and\namendments by\nA2023-36\nR4\n26 Nov 2025\n","sortOrder":99},{"sectionNumber":"26","sectionType":"section","heading":"Nov 2025–","content":"26 Nov 2025–\n22 Feb 2026\nA2025-29 amendments by\nA2025-29\n© Australian Capital Territory 2026","sortOrder":100}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears to be operating within its original intended scope. It establishes a registration scheme for professional engineers as indicated by its title and objects clause (section 6). While it includes ancillary provisions for enforcement, complaints, and information sharing, these are standard regulatory mechanisms necessary to support the core registration function. There is no evidence of significant scope creep beyond the original purpose of regulating professional engineering practice in the ACT."},"complexity_factors":["Moderate length (89 sections plus Schedule and Dictionary)","Multiple nested definitions: 'professional engineer' depends on 'professional engineering service', which depends on 'area of engineering' and 'prescriptive standard'","Extensive cross-referencing to other ACT laws (Legislation Act 2001, Criminal Code, ACT Civil and Administrative Tribunal Act 2008, Spent Convictions Act 2000, and various 'operational Acts' in section 74)","Conditional logic in registration eligibility (section 17) with multiple cumulative requirements (a) through (e)","Dual-tier offence structure for many crimes (reckless vs strict liability versions with different penalties) in Part 8","Complex information sharing provisions (Part 10) distinguishing between 'public safety information' and 'protected information' with different rules for territory vs non-territory agencies","Multiple review pathways: internal reconsideration (section 79) and ACAT review (section 82) with detailed scheduling in Schedule 1","Interaction with 'relevant laws' of other jurisdictions creating extraterritorial considerations for registration eligibility and disciplinary grounds"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a mandatory registration scheme for professional engineers in the Australian Capital Territory (ACT). It makes it illegal for anyone to provide professional engineering services unless they are registered, or working under the direct supervision of a registered engineer.\n\n**Who it affects:**\n\n*   **Professional engineers:** Anyone who wants to work as a civil, electrical, fire safety, mechanical, or structural engineer (or other prescribed areas) in the ACT must register with the government.\n*   **Employers:** Companies and partnerships must ensure that anyone they engage to do professional engineering work is properly registered.\n*   **Assessment entities:** Organisations that assess whether engineers are qualified enough to register must be approved by the government.\n*   **The public:** The scheme is designed to protect public safety by ensuring only competent, qualified people design and oversee critical infrastructure like buildings, bridges, and electrical systems.\n\n**Key requirements:**\n\n*   **Registration:** Engineers must apply to the Registrar, prove they have the right qualifications and experience, and pass a criminal history check. Registrations last up to 3 years and must be renewed.\n*   **Standards:** Registered engineers must meet professional standards, undertake ongoing training (continuing professional development), and follow any codes of practice.\n*   **Enforcement:** Government inspectors can enter workplaces to check compliance, request documents, and investigate complaints. There are significant penalties for working without registration (up to 100 penalty units) or for falsely claiming to be registered.\n*   **Disciplinary action:** The Registrar can reprimand, fine, suspend, or cancel an engineer's registration for misconduct, incompetence, or criminal convictions.\n*   **Complaints:** Members of the public can complain about engineers who provide substandard or unethical services.\n\n**Why it matters:**\n\nBefore this Act, anyone could legally call themselves an engineer and sign off on designs, regardless of their qualifications. This law closes that gap, aligning the ACT with other Australian jurisdictions that already regulate the profession. It aims to prevent building failures, ensure public confidence in engineering work, and give consumers a way to verify that their engineer is properly qualified."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since the Act's original framing it has been amended multiple times to deepen its operational links with other planning, building and construction laws and to broaden practical interfaces: the legislation history shows consequential amendments and additions referencing the Planning Act 2023, Property Developers Act 2024, Building and Construction Legislation Amendment Act 2026 and other operational Acts (endnotes and amendment history). Practically this expands the Act's scope beyond a stand‑alone registration statute by: (a) tying registration/oversight to other regulatory regimes in building and planning (ss 74(2) lists operational Acts); (b) creating an approvals regime for independent assessment entities whose functions and fees will materially affect access to registration (ss 32–34); and (c) enabling incorporation of external standards and instruments by reference (s 87) and ministerial determinations for qualifications, CPD and codes of practice (ss 83–85). Those changes increase regulatory integration with building/planning systems, broaden the number of administrative actors and instruments that determine practical eligibility, and make the scheme operationally dependent on subordinate instruments and approvals."},"complexity_factors":["12 Parts and a Schedule, covering registration, assessment entities, disciplinary regimes, enforcement, complaints, information sharing and review rights","Extensive dictionary and defined terms cross‑referencing other Acts (Criminal Code, ACAT Act, Legislation Act and multiple operational Acts) — many external links increase interpretive complexity (see ss 3, dictionary, and cross‑refs throughout)","Multiple delegated instruments: minister determinations (ss 83–85), disallowable instruments, regulations, and notifiable instruments (appointments, approvals, revocations) require checking subordinate legislation","Assessment entity approval provisions comprise detailed eligibility criteria and procedural variation/revocation pathways (s 32, ss 33–34)","Nested procedures and timelines for disciplinary action: show‑cause notices (s 37), 28‑day response windows, immediate suspension with oral/written notice and multiple end triggers (s 41), and ACAT disqualification orders (s 45)","Mixed criminal and strict‑liability offences with differing fault elements and penalties (pt 8, ss 58–62) — careful fault analysis required in enforcement","Significant enforcement powers (entry, document production, abrogation of self‑incrimination, compulsion to produce information) with specified warnings and admissibility limitations (pt 7, ss 51–57)","Information‑sharing rules balanced by a separate protected‑information offence regime (pt 10, ss 74–77)","Publication and suppression rules for the public register with safety and national security exceptions (ss 30–31)","Schedule 1 separates internally reviewable and ACAT reviewable decisions — procedural complexity for appeals and internal reconsideration (pt 11 and schedule 1)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates a licensing scheme for individual professional engineers in the ACT. To lawfully \"carry out a professional engineering service\" you must be registered under the Act, unless you are working under the direction and oversight of a registered professional engineer (see s 14).\n\n- Defines core terms: who is a \"professional engineer\", what counts as a \"professional engineering service\", and which \"areas of engineering\" are covered (civil, electrical, fire safety, mechanical, structural and others the regulations add) (see ss 7–9).\n\n- Establishes the office of the ACT Professional Engineers Registrar and deputy registrars to run the scheme; the registrar can delegate many functions (see ss 10–13).\n\n- Sets out the registration process and ongoing conditions:\n  - Applications must be in writing and include an assessment report from an approved assessment entity, a criminal-history check and \"suitability information\" (which covers convictions, relevant civil proceedings, prior regulatory action, insolvency, etc.) (see ss 15–16).\n  - Eligibility requires meeting ministerially determined qualifications/competencies, being suitable on the suitability information, and not being disqualified or recently cancelled (see s 17).\n  - Registrations run for up to 3 years (or a shorter period by regulation), carry conditions, and registrants must undertake continuing professional development (CPD) and comply with codes of practice and other obligations (see ss 24–27, 25, 83–85).\n  - A public register is kept and certain registration details are published (name, area(s), registration number, term, conditions, status), with limited suppression for safety or national security (see ss 30–31).\n\n- Creates a regime for assessment entities (private or public bodies) to be approved to assess applicants' qualifications, experience and competencies. Approvals are time-limited and conditional; the director-general may vary or revoke approvals (see ss 32–34).\n\n- Provides regulatory and disciplinary powers:\n  - Grounds for disciplinary action are listed (fraudulent behaviour, failure to meet professional standards, criminal convictions, practising outside registration, breaching the Act, etc.) and disciplinary sanctions range from reprimand and required training, to suspension or cancellation (see ss 35–39).\n  - The registrar can immediately suspend or cancel registration where there is an immediate public-safety concern; there are timelines and short internal-review routes for those actions (see ss 41–43).\n  - The registrar can impose or vary registration conditions, after giving notice and an opportunity to respond (see s 24, 28).\n\n- Enforcement powers include appointment of authorised officers, powers to enter premises open to the public, require documents, take copies and recordings, and compel information from registrants or employers (with statutory warnings and certain protections about use of compelled information) (see ss 48–57).\n\n- Creates a set of criminal and strict‑liability offences: providing professional engineering services while unregistered, false claims of registration, failing to comply with registration conditions or codes of practice, and allowing unregistered workers to provide services (see ss 58–62). Penalties are scaled by penalty units and differ for strict liability and recklessness elements.\n\n- Establishes a complaints process, procedures for considering complaints, and links complaint outcomes to possible disciplinary action (see pt 9, ss 64–72).\n\n- Enables information sharing about public safety between \"public safety agencies\" (territory and non‑territory), and separately protects \"protected information\" with criminal penalties for improper use or disclosure (see ss 74–77).\n\n- Provides internal reconsideration rights and external review paths to the ACT Civil and Administrative Tribunal (ACAT) for a defined set of decisions (see pt 11 and Schedule 1).\n\n- Gives the Minister and Executive regulation-making and instrument powers to set qualifications/competencies, CPD requirements, codes of practice, fees, and to adopt external standards or instruments by reference (see ss 83–89, 87). Some instruments are disallowable and regulations may create minor offences.\n\nWhy it matters (stated purpose and how the law tries to achieve it)\n\n- Stated purpose: to protect the public, maintain confidence in professional engineering services, and uphold standards of practice in the ACT (see s 6).\n\n- How it aims to achieve that: by requiring registration tied to assessed qualifications/competencies, publishing registration status, obliging CPD and compliance with codes, allowing approval and oversight of assessment entities, and providing a complaints/disciplinary/enforcement framework to remove or restrict practitioners who pose safety or professional risks (see ss 16–19, 24–27, 32–39, 48–57, 64–72).\n\nPractical effects, incentives and trade-offs (what changes for people and businesses)\n\n- Who pays: applicants and registrants will incur direct costs — assessment-entity fees for the required assessment report, criminal-history checks, CPD costs, and application/renewal fees if determined (see ss 16, 18, 32, 88). Approved assessment entities may capture revenue from assessments (s 32). Employers may face compliance costs checking registration and ensuring supervised work is properly overseen (ss 14, 62).\n\n- Who decides: the Registrar (and director-general for assessment‑entity approvals) holds substantial administrative discretion — to approve assessment entities, accept or refuse applications, impose registration conditions, commence disciplinary action, and immediately suspend/cancel where public safety is at risk (see ss 10–13, 16, 20, 24, 32–34, 37–41).\n\n- Behavioural incentives: the scheme encourages formal qualification, assessment, CPD and documented supervision arrangements. Employers are incentivised to verify registrations and supervise unregistered workers closely; individuals may prefer registration to avoid criminal/penalty risk (see ss 14, 58, 62).\n\n- Costs vs benefits: the law raises administrative and compliance costs (application documentation, assessment fees, CPD) to create gates intended to protect safety and public confidence. The administrative discretion and approval of assessment entities centralises who can certify eligibility — that benefits approved assessors and gives the regulator leverage to set processes and fees (see ss 32–33, 83–88).\n\n- Competition and market effects: registration and assessment requirements increase the fixed costs of entering some engineering roles, which can reduce the supply of independently practising engineers or shift activity toward supervised teams. For firms, the need to verify staff registration and the risk of penalties for allowing unregistered work (s 62) raise compliance duties and may affect contracting and staffing choices.\n\n- Implementation risks and compliance burden: detailed procedural timeframes and multiple instruments (ministerial determinations, regulations, approved codes) mean effective operation relies on timely regulator guidance, accessible published standards, and availability of approved assessment entities. The Act permits incorporation of external standards as-in-force (s 87) — practical only if those standards are made accessible per the Act (s 87(4)).\n\n- Protections and limits on information use: the Act permits sharing of public-safety information between agencies (ss 75–76) but makes improper use or disclosure of \"protected information\" a criminal offence (s 77), balancing operational information flow with privacy safeguards.\n\n- Review and remediation: the Act provides internal reconsideration and ACAT review for key adverse decisions (pt 11, Schedule 1), and time-bound procedural protections (show-cause notices, 28‑day response windows, 14‑ or 30‑day action timetables in parts 6 and 11).\n\nConcrete sources in the Act: see the objects (s 6), registration requirement (s 14), application content and suitability information (ss 15–16), assessment entity approval (s 32), disciplinary and immediate action powers (ss 35–43), enforcement powers (pt 7, ss 48–57), offences (pt 8, ss 58–62), information‑sharing (pt 10, ss 74–77) and minister/determination/regulation powers (ss 83–89)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/professional-engineers-act-2023","history":"/api/acts/professional-engineers-act-2023/history","analysis":"/api/acts/professional-engineers-act-2023/analysis","conflicts":"/api/acts/professional-engineers-act-2023/conflicts","importantCases":"/api/acts/professional-engineers-act-2023/important-cases","documents":"/api/acts/professional-engineers-act-2023/documents"}}