{"id":"qld:sl-2019-0132","name":"Professional Engineers Regulation 2019","slug":"professional-engineers-regulation-2019","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"132 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174001,"registerId":"qld-sl-2019-0132-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Professional Engineers Regulation 2019 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation, other than part 5 , commences on 8 July 2019.\nPart 5 commences on 1 January 2020.\n(sec.2-ssec.1) This regulation, other than part 5 , commences on 8 July 2019.\n(sec.2-ssec.2) Part 5 commences on 1 January 2020.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 2 defines words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Election of registered professional engineer to board","content":"# Election of registered professional engineer to board","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Purpose of part","content":"### sec.4 Purpose of part\n\nThis part states, for section 144 (2) (b) of the Act , the procedures for the election of a registered professional engineer for appointment as a member of the board.","sortOrder":6},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Notice of election and nomination procedure","content":"## Notice of election and nomination procedure","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Notice of election","content":"### sec.5 Notice of election\n\nThe registrar must publish a notice that states the election day for the election.\nThe notice must be published at least 2 months before the election day.\n(sec.5-ssec.1) The registrar must publish a notice that states the election day for the election.\n(sec.5-ssec.2) The notice must be published at least 2 months before the election day.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Notice calling for nominations","content":"### sec.6 Notice calling for nominations\n\nThe registrar must publish a notice inviting nominations of candidates for the election.\nThe notice must—\nstate the day and time by which a nomination of a candidate must be received by the registrar; and\nbe published at least 28 days before the day mentioned in paragraph (a) .\n(sec.6-ssec.1) The registrar must publish a notice inviting nominations of candidates for the election.\n(sec.6-ssec.2) The notice must— state the day and time by which a nomination of a candidate must be received by the registrar; and be published at least 28 days before the day mentioned in paragraph (a) .\n- (a) state the day and time by which a nomination of a candidate must be received by the registrar; and\n- (b) be published at least 28 days before the day mentioned in paragraph (a) .","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Requirements for nominations","content":"### sec.7 Requirements for nominations\n\nA nomination of a candidate for the election must be—\nin the approved form; and\nreceived by the registrar before the nomination day and time.\nA nomination may be accompanied by a written statement by the candidate.\nThe statement by the candidate must not be more than 200 words.\n(sec.7-ssec.1) A nomination of a candidate for the election must be— in the approved form; and received by the registrar before the nomination day and time.\n(sec.7-ssec.2) A nomination may be accompanied by a written statement by the candidate.\n(sec.7-ssec.3) The statement by the candidate must not be more than 200 words.\n- (a) in the approved form; and\n- (b) received by the registrar before the nomination day and time.","sortOrder":10},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Procedure if only 1 candidate nominated","content":"## Procedure if only 1 candidate nominated","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Candidate taken to be elected unopposed","content":"### sec.8 Candidate taken to be elected unopposed\n\nIf only 1 candidate is nominated under division 2 —\nthe registrar is not required to conduct a ballot for the election; and\nthe candidate is taken to be elected unopposed.\n- (a) the registrar is not required to conduct a ballot for the election; and\n- (b) the candidate is taken to be elected unopposed.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Registrar to give notice to candidate and Minister","content":"### sec.9 Registrar to give notice to candidate and Minister\n\nThe registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.\nAlso, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.\n(sec.9-ssec.1) The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.\n(sec.9-ssec.2) Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.","sortOrder":13},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Procedure if more than 1 candidate nominated","content":"## Procedure if more than 1 candidate nominated","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Registrar to conduct ballot","content":"### sec.10 Registrar to conduct ballot\n\nIf more than 1 candidate is nominated under division 2 , the registrar must conduct a ballot for the election under this division.","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Notice of accessibility of ballot","content":"### sec.11 Notice of accessibility of ballot\n\nThe registrar must, at least 35 days before the election day, publish a notice that—\nstates the election day and election closing time; and\nstates—\nwhether the registrar or a voting services provider is administering voting in the election; and\nif a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and\nprovides instructions on how an eligible engineer may cast a vote.\nIf a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .\n(sec.11-ssec.1) The registrar must, at least 35 days before the election day, publish a notice that— states the election day and election closing time; and states— whether the registrar or a voting services provider is administering voting in the election; and if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and provides instructions on how an eligible engineer may cast a vote.\n(sec.11-ssec.2) If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .\n- (a) states the election day and election closing time; and\n- (b) states— (i) whether the registrar or a voting services provider is administering voting in the election; and (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and\n- (i) whether the registrar or a voting services provider is administering voting in the election; and\n- (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and\n- (c) provides instructions on how an eligible engineer may cast a vote.\n- (i) whether the registrar or a voting services provider is administering voting in the election; and\n- (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Registrar to ensure ballot accessible","content":"### sec.12 Registrar to ensure ballot accessible\n\nImmediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible engineer for the election.\nIf an eligible engineer wants to vote using a paper ballot form, the engineer must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.\nIf the registrar is administering voting in the election, the registrar must send the engineer the following things at least 14 days before the election day—\na paper ballot form;\nan unsealed envelope (the ballot envelope );\na return envelope.\nIf a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible engineer under subsection (2) , send the engineer the printed voting material mentioned in subsection (3) at least 14 days before the election.\n(sec.12-ssec.1) Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible engineer for the election.\n(sec.12-ssec.2) If an eligible engineer wants to vote using a paper ballot form, the engineer must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.\n(sec.12-ssec.3) If the registrar is administering voting in the election, the registrar must send the engineer the following things at least 14 days before the election day— a paper ballot form; an unsealed envelope (the ballot envelope ); a return envelope.\n(sec.12-ssec.4) If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible engineer under subsection (2) , send the engineer the printed voting material mentioned in subsection (3) at least 14 days before the election.\n- (a) a paper ballot form;\n- (b) an unsealed envelope (the ballot envelope );\n- (c) a return envelope.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Requirements for ballot forms","content":"### sec.13 Requirements for ballot forms\n\nAn electronic ballot form or a paper ballot form must—\nlist the name of each candidate in alphabetical order; and\nbe accompanied by any written statements by the candidates given to the registrar.\nThe registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.\n(sec.13-ssec.1) An electronic ballot form or a paper ballot form must— list the name of each candidate in alphabetical order; and be accompanied by any written statements by the candidates given to the registrar.\n(sec.13-ssec.2) The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.\n- (a) list the name of each candidate in alphabetical order; and\n- (b) be accompanied by any written statements by the candidates given to the registrar.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Ways of voting","content":"### sec.14 Ways of voting\n\nAn eligible engineer—\nis entitled to a single vote at the election; and\nmay vote using—\nan electronic ballot form; or\na paper ballot form.\nAn eligible engineer who asks for a paper ballot form may vote using an electronic ballot form as long as the engineer does not use the paper ballot form to vote.\n(sec.14-ssec.1) An eligible engineer— is entitled to a single vote at the election; and may vote using— an electronic ballot form; or a paper ballot form.\n(sec.14-ssec.2) An eligible engineer who asks for a paper ballot form may vote using an electronic ballot form as long as the engineer does not use the paper ballot form to vote.\n- (a) is entitled to a single vote at the election; and\n- (b) may vote using— (i) an electronic ballot form; or (ii) a paper ballot form.\n- (i) an electronic ballot form; or\n- (ii) a paper ballot form.\n- (i) an electronic ballot form; or\n- (ii) a paper ballot form.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"How votes are cast","content":"### sec.15 How votes are cast\n\nFor voting using an electronic ballot form, an eligible engineer may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.\nFor voting using a paper ballot form, an eligible engineer may vote only by—\nmarking the ballot form with a cross opposite the name of 1 candidate; and\nputting the ballot form in the ballot envelope and sealing the ballot envelope; and\nputting the ballot envelope in the return envelope and sealing the return envelope; and\ngiving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.\n(sec.15-ssec.1) For voting using an electronic ballot form, an eligible engineer may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.\n(sec.15-ssec.2) For voting using a paper ballot form, an eligible engineer may vote only by— marking the ballot form with a cross opposite the name of 1 candidate; and putting the ballot form in the ballot envelope and sealing the ballot envelope; and putting the ballot envelope in the return envelope and sealing the return envelope; and giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.\n- (a) marking the ballot form with a cross opposite the name of 1 candidate; and\n- (b) putting the ballot form in the ballot envelope and sealing the ballot envelope; and\n- (c) putting the ballot envelope in the return envelope and sealing the return envelope; and\n- (d) giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Ballot box and electronic vote security","content":"### sec.16 Ballot box and electronic vote security\n\nThe registrar must ensure—\na ballot box is kept for the election; and\nthe ballot box is kept in a safe place; and\nthe ballot box is sealed in a way that—\nallows ballot envelopes to be put in it until the election finishes; and\nprevents ballot envelopes from being taken from it until votes for the election are to be counted.\nThe registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.\n(sec.16-ssec.1) The registrar must ensure— a ballot box is kept for the election; and the ballot box is kept in a safe place; and the ballot box is sealed in a way that— allows ballot envelopes to be put in it until the election finishes; and prevents ballot envelopes from being taken from it until votes for the election are to be counted.\n(sec.16-ssec.2) The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.\n- (a) a ballot box is kept for the election; and\n- (b) the ballot box is kept in a safe place; and\n- (c) the ballot box is sealed in a way that— (i) allows ballot envelopes to be put in it until the election finishes; and (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.\n- (i) allows ballot envelopes to be put in it until the election finishes; and\n- (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.\n- (i) allows ballot envelopes to be put in it until the election finishes; and\n- (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Counting of votes","content":"### sec.17 Counting of votes\n\nThe registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.\nFor votes cast using a paper ballot form, the entity counting the votes must—\nopen each ballot envelope in the ballot box for the election; and\naccept each formal ballot form and reject each informal ballot form; and\ncount and record the number of votes for each candidate on the ballot forms accepted under this section.\nThe registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.\nDespite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.\nIn this section—\nformal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) .\ninformal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section 15 (2) (a) .\n(sec.17-ssec.1) The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.\n(sec.17-ssec.2) For votes cast using a paper ballot form, the entity counting the votes must— open each ballot envelope in the ballot box for the election; and accept each formal ballot form and reject each informal ballot form; and count and record the number of votes for each candidate on the ballot forms accepted under this section.\n(sec.17-ssec.3) The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.\n(sec.17-ssec.4) Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.\n(sec.17-ssec.5) In this section— formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) . informal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section 15 (2) (a) .\n- (a) open each ballot envelope in the ballot box for the election; and\n- (b) accept each formal ballot form and reject each informal ballot form; and\n- (c) count and record the number of votes for each candidate on the ballot forms accepted under this section.","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Candidate with the highest number of votes is elected","content":"### sec.18 Candidate with the highest number of votes is elected\n\nThe candidate with the highest number of votes is elected.\nHowever, subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided.\nThe registrar must conduct a draw by completing the following steps in the presence of at least 2 witnesses—\nwriting the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;\nfolding the pieces of paper in the same way to be the same size and thickness;\nputting the pieces of paper in a container and shuffling them;\ndrawing out 1 of the pieces of paper.\nThe candidate whose name is drawn out under subsection (3) (d) is elected.\n(sec.18-ssec.1) The candidate with the highest number of votes is elected.\n(sec.18-ssec.2) However, subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided.\n(sec.18-ssec.3) The registrar must conduct a draw by completing the following steps in the presence of at least 2 witnesses— writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour; folding the pieces of paper in the same way to be the same size and thickness; putting the pieces of paper in a container and shuffling them; drawing out 1 of the pieces of paper.\n(sec.18-ssec.4) The candidate whose name is drawn out under subsection (3) (d) is elected.\n- (a) writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;\n- (b) folding the pieces of paper in the same way to be the same size and thickness;\n- (c) putting the pieces of paper in a container and shuffling them;\n- (d) drawing out 1 of the pieces of paper.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"Voting services provider to give notice to registrar","content":"### sec.19 Voting services provider to give notice to registrar\n\nThis section applies if a voting services provider is administering voting in the election.\nThe registrar must ensure the voting services provider gives the registrar written notice of the result of the counting of votes as soon as practicable after counting all the votes.\n(sec.19-ssec.1) This section applies if a voting services provider is administering voting in the election.\n(sec.19-ssec.2) The registrar must ensure the voting services provider gives the registrar written notice of the result of the counting of votes as soon as practicable after counting all the votes.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"Registrar to give notice to Minister","content":"### sec.20 Registrar to give notice to Minister\n\nThe registrar must give the Minister written notice of the result of the counting of votes and the candidate elected as soon as practicable after counting all the votes.","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Registrar to give notice to candidates","content":"### sec.21 Registrar to give notice to candidates\n\nAs soon as practicable after the appointment of the elected candidate to the board, the registrar must—\ngive each candidate written notice of the candidate elected as soon as practicable after the candidate’s appointment to the board; and\npublish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board.\n- (a) give each candidate written notice of the candidate elected as soon as practicable after the candidate’s appointment to the board; and\n- (b) publish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Disposing of ballots","content":"### sec.22 Disposing of ballots\n\nThe registrar must ensure—\nall electronic ballot forms are kept in a secure electronic location for the inspection period; and\nthe paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.\nDuring the inspection period, the registrar must ensure the count of electronic ballot forms and paper ballot forms is available for inspection by members of the public, free of charge, at the board’s office during ordinary office hours.\nAt the end of the inspection period, the registrar must ensure the electronic ballot forms and paper ballot forms are destroyed.\nIn this section—\ninspection period , for an election, means the period of 3 months starting on the election day.\n(sec.22-ssec.1) The registrar must ensure— all electronic ballot forms are kept in a secure electronic location for the inspection period; and the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.\n(sec.22-ssec.2) During the inspection period, the registrar must ensure the count of electronic ballot forms and paper ballot forms is available for inspection by members of the public, free of charge, at the board’s office during ordinary office hours.\n(sec.22-ssec.3) At the end of the inspection period, the registrar must ensure the electronic ballot forms and paper ballot forms are destroyed.\n(sec.22-ssec.4) In this section— inspection period , for an election, means the period of 3 months starting on the election day.\n- (a) all electronic ballot forms are kept in a secure electronic location for the inspection period; and\n- (b) the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.","sortOrder":27},{"sectionNumber":"pt.3","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Requirements for electronic voting systems","content":"### sec.23 Requirements for electronic voting systems\n\nAn electronic voting system must—\ngive an eligible engineer an opportunity to change the engineer’s vote before casting the vote; and\nnot allow a person to find out how a particular engineer cast the engineer’s vote; and\ngive the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system.\n- (a) give an eligible engineer an opportunity to change the engineer’s vote before casting the vote; and\n- (b) not allow a person to find out how a particular engineer cast the engineer’s vote; and\n- (c) give the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Prescribed qualifications and competencies for particular area of engineering— Act , s 10","content":"### sec.24 Prescribed qualifications and competencies for particular area of engineering— Act , s 10\n\nThis section prescribes, for section 10 (1) (b) of the Act , the qualifications and competencies for aeronautical engineering.\nThe qualifications and competencies are—\na relevant CASA appointment that is in force; and\nthe qualifications and experience necessary, under the Civil Aviation Safety Regulations 1998 (Cwlth) , for the appointment.\nIn this section—\nCASA has the meaning given by the Civil Aviation Act 1988 (Cwlth) , section 3 .\nrelevant CASA appointment means an appointment by CASA, under regulation 201.001 of the Civil Aviation Safety Regulations 1998 (Cwlth) , as an authorised person for part 21 , sub part 21 .M of those regulations.\n(sec.24-ssec.1) This section prescribes, for section 10 (1) (b) of the Act , the qualifications and competencies for aeronautical engineering.\n(sec.24-ssec.2) The qualifications and competencies are— a relevant CASA appointment that is in force; and the qualifications and experience necessary, under the Civil Aviation Safety Regulations 1998 (Cwlth) , for the appointment.\n(sec.24-ssec.3) In this section— CASA has the meaning given by the Civil Aviation Act 1988 (Cwlth) , section 3 . relevant CASA appointment means an appointment by CASA, under regulation 201.001 of the Civil Aviation Safety Regulations 1998 (Cwlth) , as an authorised person for part 21 , sub part 21 .M of those regulations.\n- (a) a relevant CASA appointment that is in force; and\n- (b) the qualifications and experience necessary, under the Civil Aviation Safety Regulations 1998 (Cwlth) , for the appointment.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Prescribed schools of engineering— Act , s 82","content":"### sec.25 Prescribed schools of engineering— Act , s 82\n\nFor section 82 (2) (a) (i) of the Act , a school of engineering (however described) at each of the following universities is a prescribed school of engineering—\nCentral Queensland University;\nGriffith University;\nJames Cook University;\nQueensland University of Technology;\nThe University of Queensland;\nUniversity of Southern Queensland;\nUniversity of the Sunshine Coast.\n- (a) Central Queensland University;\n- (b) Griffith University;\n- (c) James Cook University;\n- (d) Queensland University of Technology;\n- (e) The University of Queensland;\n- (f) University of Southern Queensland;\n- (g) University of the Sunshine Coast.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Code of practice approved— Act , s 108","content":"### sec.26 Code of practice approved— Act , s 108\n\nFor section 108 (3) of the Act , the code of practice made by the board on 4 August 2020 is approved.\ns 26 sub 2021 SL No. 159 s 3","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Fees","content":"### sec.27 Fees\n\nThe fees payable under the Act are stated in schedule 1 .","sortOrder":33},{"sectionNumber":"pt.4","sectionType":"part","heading":"Repeal and transitional provision","content":"# Repeal and transitional provision","sortOrder":34},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Repeal","content":"### sec.28 Repeal\n\nThe Professional Engineers Regulation 2003 , SL No. 12 is repealed.","sortOrder":36},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Transitional provision","content":"## Transitional provision","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Provision for particular elections","content":"### sec.29 Provision for particular elections\n\nIf an election day for an election occurred under the repealed regulation within 3 months before the commencement, the repealed regulation, section 17 continues to apply to the registrar in relation to the election as if this regulation had not been made.\nIf an election was started but the election day for the election had not occurred under the repealed regulation before the commencement, the repealed regulation, part 2 continues to apply in relation to the election as if this regulation had not been made.\nIn this section—\nrepealed regulation means the repealed Professional Engineers Regulation 2003 .\n(sec.29-ssec.1) If an election day for an election occurred under the repealed regulation within 3 months before the commencement, the repealed regulation, section 17 continues to apply to the registrar in relation to the election as if this regulation had not been made.\n(sec.29-ssec.2) If an election was started but the election day for the election had not occurred under the repealed regulation before the commencement, the repealed regulation, part 2 continues to apply in relation to the election as if this regulation had not been made.\n(sec.29-ssec.3) In this section— repealed regulation means the repealed Professional Engineers Regulation 2003 .","sortOrder":38}],"analysis":{"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"},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"sec.26","severity":"high","reasoning":"Section 26 approves a code of practice made on 4 August 2020, yet the regulation (other than Part 5) commenced on 8 July 2019. The approval of a future, non-existent document cannot logically be part of the original enactment. The amendment note ('s 26 sub 2021 SL No. 159 s 3') indicates this was substituted in 2021, but as presented the section creates a logical impossibility: the regulation at commencement purported to approve a document not yet in existence, and even the substituted version approves a 2020 document via a 2021 amendment to a 2019 regulation, raising questions about when any valid approval existed.","confidence":0.82,"description":"A code of practice 'made by the board on 4 August 2020' is approved in a regulation that commenced (in part) on 8 July 2019. The regulation purports to approve a document that did not yet exist at commencement."},{"type":"impossible_compliance","section":"sec.14, sec.15","severity":"medium","reasoning":"Section 14(2) allows an engineer who has requested a paper ballot form to vote electronically 'as long as the engineer does not use the paper ballot form to vote.' This relies entirely on the engineer's self-restraint. The regulation provides no mechanism to void, retrieve, or otherwise neutralise the issued paper ballot form. The ballot box provisions in sec.16 accept all sealed envelopes. There is no provision for the counting entity to cross-reference electronic voters against paper ballot requestees and exclude duplicate envelopes, making the prohibition practically unenforceable and the integrity guarantee hollow.","confidence":0.78,"description":"An engineer who requests a paper ballot form and then casts an electronic vote is permitted under sec.14(2), but there is no mechanism to cancel or invalidate the paper ballot form already dispatched to them, creating a structural risk of double-voting with no enforcement backstop in the regulation itself."},{"type":"self_contradicting","section":"sec.17(4)","severity":"medium","reasoning":"Section 17(2)(b) mandates that the counting entity 'must... accept each formal ballot form and reject each informal ballot form.' Section 17(4) then overrides this with a discretionary power to accept informal forms. However, a ballot form is informal precisely because it is not marked as required under sec.15(2)(a) — i.e., with a single cross. If the voter's intention is clear despite not using a cross, the form is still informal by definition. The regulation gives no guidance on what constitutes 'clear intention' beyond the cross requirement, making the standard entirely subjective and potentially inconsistent between elections.","confidence":0.75,"description":"The provision allowing acceptance of an 'informal ballot form' where 'the voter's intention is clear' directly contradicts the mandatory definitions of formal and informal ballot forms and the mandatory rejection rule in sec.17(2)(b), creating an undefined and subjective override of the voting rules."},{"type":"self_contradicting","section":"sec.22(2)","severity":"low","reasoning":"Section 22(2) makes the count available for public inspection. Section 23(b) prohibits the system from revealing how a particular engineer voted. If the count is presented at a sufficiently granular level (e.g., in small electorates or combined with other data), it could theoretically allow inference of individual votes, creating tension between the transparency and secrecy obligations. While 'count' likely means aggregate totals, the regulation does not define the level of granularity, leaving a potential conflict unresolved.","confidence":0.55,"description":"The regulation requires the 'count of electronic ballot forms and paper ballot forms' to be available for public inspection, but sec.23(b) requires the electronic voting system to not allow any person to find out how a particular engineer voted. Depending on how granular the published count is, these obligations may be irreconcilable."},{"type":"impossible_compliance","section":"sec.12(2)","severity":"medium","reasoning":"The notice under sec.11 must be published at least 35 days before election day. The paper ballot request under sec.12(2) must be made at least 28 days before election day. If the registrar publishes the notice exactly 35 days before election day, engineers have only 7 days to become aware of the election and request a paper ballot. For engineers with limited internet access or who do not check notices immediately, this window may be practically insufficient, particularly since the notice provisions do not require direct notification to individual engineers.","confidence":0.7,"description":"An eligible engineer must request a paper ballot form at least 28 days before the election day, but the notice of ballot accessibility under sec.11 need only be published at least 35 days before election day. This leaves only a 7-day window between the notice and the paper ballot request deadline, with no guarantee engineers are aware of the election before the paper ballot request window closes."},{"type":"other","section":"sec.24","severity":"medium","reasoning":"Under sec.24(2)(a), one of the two required qualifications is 'a relevant CASA appointment that is in force.' CASA appointments can be suspended, revoked, or lapse independently of the Queensland regulatory framework. A registered professional engineer in aeronautical engineering could therefore lose their prescribed qualifications — and potentially their registration basis — through CASA action, with no Queensland regulatory process involved. Conversely, obtaining a CASA appointment would automatically satisfy part of the qualification requirement without any Queensland assessment. This creates an unusual situation where qualification status is entirely contingent on a Commonwealth administrative decision.","confidence":0.65,"description":"The prescribed qualifications for aeronautical engineering are entirely dependent on holding a current CASA appointment, meaning qualification status can be lost and regained without any action by the engineer or the board, creating an externally-controlled and fluctuating qualification threshold."}],"contradictions":[{"severity":"high","section_a":"sec.17(2)(b)","section_b":"sec.17(4)","confidence":0.88,"description":"Section 17(2)(b) mandates that the counting entity must reject each informal ballot form, while sec.17(4) grants a discretionary power to accept informal ballot forms. These provisions directly contradict each other."},{"severity":"high","section_a":"sec.14(1)(a)","section_b":"sec.14(2)","confidence":0.72,"description":"Section 14(1)(a) entitles each engineer to 'a single vote,' but sec.14(2) permits an engineer who has requested a paper ballot form to also vote electronically without any system-level enforcement preventing the paper form from also being submitted, creating a structural pathway to casting two votes despite the single-vote entitlement."},{"severity":"low","section_a":"sec.22(2)","section_b":"sec.23(b)","confidence":0.52,"description":"Section 22(2) requires the count of ballot forms to be available for public inspection, while sec.23(b) prohibits the electronic voting system from allowing any person to determine how a particular engineer voted. In small elections, public inspection of granular count data could allow inference of individual votes, creating a tension between the mandatory transparency and mandatory secrecy obligations."},{"severity":"medium","section_a":"sec.11(1)","section_b":"sec.12(2)","confidence":0.68,"description":"Section 11(1) requires the ballot accessibility notice to be published at least 35 days before election day, while sec.12(2) requires paper ballot requests to be made at least 28 days before election day. The minimum 7-day gap between these two events is structurally insufficient for engineers in remote areas or with limited notice access to meaningfully exercise their paper ballot right, creating a de facto contradiction between the right to a paper ballot and the practical ability to exercise it."},{"severity":"high","section_a":"sec.2","section_b":"sec.26","confidence":0.8,"description":"Section 2 provides that the regulation (other than Part 5) commenced on 8 July 2019, yet sec.26 (as substituted) approves a code of practice made on 4 August 2020. A regulation cannot at its commencement approve an instrument made over a year later, creating a temporal contradiction between the commencement provision and the approval provision."}]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation stays firmly within its intended scope: administrative machinery for the Professional Engineers Act in Queensland. It modernises the 2003 regulation by adding electronic voting options and updating university lists, but does not expand into new policy territory. The aeronautical engineering CASA-linkage provision appears to have been carried over from prior arrangements rather than representing a new scope expansion."},"complexity_factors":["Multiple distinct subject matters in one instrument (elections, qualifications, fees, university recognition)","Detailed multi-step procedural rules for both electronic and paper voting systems","Cross-references to multiple external instruments (the parent Act, Commonwealth Civil Aviation Safety Regulations 1998, Civil Aviation Act 1988)","Transitional provisions requiring comparison with the repealed 2003 regulation","Staged commencement dates (Part 5 starting later than the rest)","Aeronautical engineering qualification pathway requires understanding of a separate Commonwealth regulatory framework"],"plain_english_summary":"## Professional Engineers Regulation 2019\n\nThis Queensland regulation sets out the administrative rules for how **registered professional engineers** (engineers who hold official registration under Queensland law) participate in governing their own profession.\n\n### What does it actually do?\n\n**1. Elections to the Board**\nThe regulation runs the process for electing a registered engineer to sit on the Professional Engineers Board (the governing body that oversees the profession). Think of it like electing a union rep — except here, engineers elect one of their own to have a voice on the board that regulates them. The rules cover:\n- How and when elections are advertised (at least 2 months' notice)\n- How nominations work (official form, 200-word candidate statement allowed)\n- How voting works — engineers can vote **electronically or by paper mail ballot**\n- What happens if there's only one candidate (they win automatically)\n- How ties are broken (literally drawing names from a hat, witnessed by at least 2 people)\n- How ballots are stored and then destroyed after 3 months\n\n**2. Aeronautical Engineers — Special Rules**\nFor aeronautical engineering (aircraft-related), the regulation sets a specific qualification standard: you need a current appointment from **CASA** (the Civil Aviation Safety Authority, Australia's national aviation regulator) as an authorised person under Commonwealth aviation regulations. This is different from most other engineering disciplines.\n\n**3. Prescribed Universities**\nSeven Queensland universities are listed as having recognised engineering schools, which matters for registration eligibility:\n- CQU, Griffith, JCU, QUT, UQ, USQ, and USC\n\n**4. Code of Practice**\nA code of professional conduct made by the board on 4 August 2020 is formally approved under this regulation.\n\n**5. Fees**\nFees payable under the main Act are set out in a schedule (not reproduced here).\n\n**6. Housekeeping**\nThe old 2003 version of this regulation is repealed, with transition rules protecting any elections that were already underway.\n\n### Who does this affect?\n- **Registered professional engineers in Queensland** — especially those wanting to vote or stand in board elections\n- **Aeronautical engineers** — who face a different, CASA-linked qualification pathway\n- **Engineering graduates from Queensland universities** — whose qualifications may be recognised under this regulation\n- **The Professional Engineers Board** — whose governance processes are defined here"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation appears focused on its original purpose: operational details for engineer registration board elections, qualifications, and associated administrative matters. No significant scope creep detected."},"complexity_factors":["Multiple nested lists and sub-lists in voting procedures (sections 11, 12, 15)","Conditional logic throughout Part 2 (different procedures for single vs multiple candidates, registrar vs voting services provider administration)","Cross-references to the parent Act (Professional Engineers Act) and external Commonwealth legislation (Civil Aviation Safety Regulations 1998)","Specific procedural requirements with multiple steps (paper folding requirements for tie-breaking in section 18, envelope handling in section 15)","Transitional provisions preserving old law for ongoing elections (section 29)","Dual commencement dates (Part 5 delayed until 1 January 2020)"],"plain_english_summary":"This regulation sets out the rules for how registered professional engineers in Queensland elect one of their own to sit on the Board of Professional Engineers of Queensland (the body that oversees the engineering profession).\n\n**What it does:**\n- **Establishes election procedures**: Details how the registrar (the official running the election) must call for nominations, run the ballot, and count votes.\n- **Handles two scenarios**: \n  - If only one person nominates, they're elected automatically without a vote.\n  - If multiple people nominate, a full election is held with electronic or paper voting.\n- **Sets voting rules**: Eligible engineers get one vote each, can vote electronically or by post, and must follow specific steps to ensure their vote is valid.\n- **Ensures transparency and security**: Requires ballot boxes to be sealed, electronic systems to be secure, vote counting to be witnessed, and ballots to be kept for 3 months for inspection before destruction.\n- **Breaks ties by drawing lots**: If candidates tie, the winner is decided by literally pulling a name from a container.\n- **Prescribes qualifications**: Specifies that aeronautical engineers need specific Civil Aviation Safety Authority (CASA) appointments.\n- **Lists approved universities**: Names which Queensland universities have 'prescribed schools of engineering' for registration purposes.\n- **Approves the code of practice**: Formalises the professional standards that engineers must follow.\n- **Sets fees**: Refers to a schedule for registration and other fees.\n\n**Who it affects:**\n- Registered professional engineers in Queensland who want to vote in board elections or stand as candidates.\n- The registrar and Board of Professional Engineers of Queensland who must administer elections.\n- Engineering graduates from the listed universities seeking registration.\n- Aeronautical engineers seeking to demonstrate their qualifications.\n\n**Why it matters:**\nThis regulation ensures the engineering profession in Queensland remains self-governing through democratic elections, while maintaining rigorous standards for safety-critical fields like aeronautical engineering. It provides certainty about who can vote, how votes are counted, and how disputes are resolved."}},"importantCases":[],"_links":{"self":"/api/acts/professional-engineers-regulation-2019","history":"/api/acts/professional-engineers-regulation-2019/history","analysis":"/api/acts/professional-engineers-regulation-2019/analysis","conflicts":"/api/acts/professional-engineers-regulation-2019/conflicts","importantCases":"/api/acts/professional-engineers-regulation-2019/important-cases","documents":"/api/acts/professional-engineers-regulation-2019/documents"}}