{"id":"qld:act-2003-070","name":"Surveyors Act 2003","slug":"surveyors-act-2003","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"70 of 2003","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":51942,"registerId":"qld-act-2003-070-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Surveyors Act 2003 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are—\nto protect the public by ensuring surveys are carried out by registrants in a professional and competent way; and\nto uphold the standards of practice within the profession; and\nto maintain public confidence in the profession.\nThe purposes are to be achieved mainly by—\nestablishing the Surveyors Board of Queensland; and\nproviding for the registration of persons under this Act; and\nimposing obligations on persons in relation to the practice of the profession; and\nproviding for the investigation of, and conduct of disciplinary proceedings about, registrants’ professional conduct; and\nproviding for the monitoring and enforcement of compliance with this Act.\n(sec.3-ssec.1) The purposes of this Act are— to protect the public by ensuring surveys are carried out by registrants in a professional and competent way; and to uphold the standards of practice within the profession; and to maintain public confidence in the profession.\n(sec.3-ssec.2) The purposes are to be achieved mainly by— establishing the Surveyors Board of Queensland; and providing for the registration of persons under this Act; and imposing obligations on persons in relation to the practice of the profession; and providing for the investigation of, and conduct of disciplinary proceedings about, registrants’ professional conduct; and providing for the monitoring and enforcement of compliance with this Act.\n- (a) to protect the public by ensuring surveys are carried out by registrants in a professional and competent way; and\n- (b) to uphold the standards of practice within the profession; and\n- (c) to maintain public confidence in the profession.\n- (a) establishing the Surveyors Board of Queensland; and\n- (b) providing for the registration of persons under this Act; and\n- (c) imposing obligations on persons in relation to the practice of the profession; and\n- (d) providing for the investigation of, and conduct of disciplinary proceedings about, registrants’ professional conduct; and\n- (e) providing for the monitoring and enforcement of compliance with this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State.\n(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Mutual recognition legislation not affected","content":"### sec.5 Mutual recognition legislation not affected\n\nThis Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 .\ns 5 amd 2019 No. 17 s 70","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 3 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"pt.2","sectionType":"part","heading":"Surveyors Board of Queensland","content":"# Surveyors Board of Queensland","sortOrder":7},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment, functions and powers","content":"## Establishment, functions and powers","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of board","content":"### sec.7 Establishment of board\n\nThe Surveyors Board of Queensland is established.\nThe board—\nis a body corporate; and\nmay sue and be sued in its corporate name.\n(sec.7-ssec.1) The Surveyors Board of Queensland is established.\n(sec.7-ssec.2) The board— is a body corporate; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Board’s relationship with the State","content":"### sec.8 Board’s relationship with the State\n\nThe board does not represent the State.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Functions of board","content":"### sec.9 Functions of board\n\nThe board has the following functions—\nto establish competency frameworks for qualifying persons for registration and registration endorsements;\nto accredit entities for assessing the competency of persons under the competency frameworks;\nto assess applicants for registration and registration endorsements;\nto register persons and issue registration certificates;\nto keep a register of registrants;\nto monitor registrants’ compliance with disciplinary conditions of registration;\nto authorise investigations, whether because of a complaint or on its own initiative, of registrants’ professional conduct;\nto take disciplinary proceedings against registrants;\nto refer disciplinary matters, for hearing, to professional conduct review panels and QCAT;\nto perform other functions given to the board under this or another Act.\ns 9 amd 2009 No. 24 s 917\n- (a) to establish competency frameworks for qualifying persons for registration and registration endorsements;\n- (b) to accredit entities for assessing the competency of persons under the competency frameworks;\n- (c) to assess applicants for registration and registration endorsements;\n- (d) to register persons and issue registration certificates;\n- (e) to keep a register of registrants;\n- (f) to monitor registrants’ compliance with disciplinary conditions of registration;\n- (g) to authorise investigations, whether because of a complaint or on its own initiative, of registrants’ professional conduct;\n- (h) to take disciplinary proceedings against registrants;\n- (i) to refer disciplinary matters, for hearing, to professional conduct review panels and QCAT;\n- (j) to perform other functions given to the board under this or another Act.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Board’s independence etc.","content":"### sec.10 Board’s independence etc.\n\nIn performing its functions, the board must act independently, impartially and in the public interest.","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Powers of board","content":"### sec.11 Powers of board\n\nThe board has all the powers of an individual and may, for example, do all or any of the following—\nenter into contracts;\nacquire, hold, dispose of, and deal with, property;\nappoint agents and attorneys;\nengage consultants;\nfix fees and charges, and other terms, for services and other facilities it supplies;\ndo anything else necessary or convenient to be done for, or in connection with, its functions.\nWithout limiting subsection (1) , the board has the powers given to it under this or another Act.\n(sec.11-ssec.1) The board has all the powers of an individual and may, for example, do all or any of the following— enter into contracts; acquire, hold, dispose of, and deal with, property; appoint agents and attorneys; engage consultants; fix fees and charges, and other terms, for services and other facilities it supplies; do anything else necessary or convenient to be done for, or in connection with, its functions.\n(sec.11-ssec.2) Without limiting subsection (1) , the board has the powers given to it under this or another Act.\n- (a) enter into contracts;\n- (b) acquire, hold, dispose of, and deal with, property;\n- (c) appoint agents and attorneys;\n- (d) engage consultants;\n- (e) fix fees and charges, and other terms, for services and other facilities it supplies;\n- (f) do anything else necessary or convenient to be done for, or in connection with, its functions.","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Membership of board","content":"### sec.12 Membership of board\n\nThe board must consist of 9 individuals.\nSubject to subsection (1) , a regulation may require the board to consist of individuals with particular qualifications or experience or who hold a particular type of position.\nThe members must be appointed by the Governor in Council.\nA person may hold office as a member in conjunction with a public service office.\ns 12 amd 2019 No. 17 s 71\n(sec.12-ssec.1) The board must consist of 9 individuals.\n(sec.12-ssec.2) Subject to subsection (1) , a regulation may require the board to consist of individuals with particular qualifications or experience or who hold a particular type of position.\n(sec.12-ssec.3) The members must be appointed by the Governor in Council.\n(sec.12-ssec.4) A person may hold office as a member in conjunction with a public service office.","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Nominations for appointment to board","content":"### sec.13 Nominations for appointment to board\n\nBefore an appointment is made to the board under section 12 , the Minister must, by written notice, ask the entities the Minister considers appropriate to nominate a number of individuals who are eligible, under the section, for the appointment.\nThe Governor in Council may, but is not required to, make the appointment from the nominees.\n(sec.13-ssec.1) Before an appointment is made to the board under section 12 , the Minister must, by written notice, ask the entities the Minister considers appropriate to nominate a number of individuals who are eligible, under the section, for the appointment.\n(sec.13-ssec.2) The Governor in Council may, but is not required to, make the appointment from the nominees.","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chairperson of board","content":"### sec.14 Chairperson of board\n\nThe Governor in Council must appoint a member who is a cadastral surveyor to be the chairperson of the board.\nA person may be appointed as the chairperson at the same time the person is appointed as a member.\nThe chairperson’s term of office ends when the person’s term of office as a member ends.\nA vacancy occurs in the office of chairperson if the person holding the office—\nresigns the office by signed notice of resignation given to the Minister; or\nstops being a cadastral surveyor.\nHowever, a person resigning the office of chairperson may continue to be a member.\nIf otherwise qualified, the chairperson is eligible for reappointment.\nIf a vacancy occurs in the office of chairperson (the vacating chairperson ) during the currency of the chairperson’s term of appointment, another member of the board who is a cadastral surveyor may be appointed by the Minister to fill the vacancy.\nA person’s appointment under subsection (7) continues until the earlier of the following—\nthe day the remainder of the vacating chairperson’s term of appointment ends;\nthe day the Governor in Council appoints a new chairperson under this section.\ns 14 amd 2010 No. 12 s 219\n(sec.14-ssec.1) The Governor in Council must appoint a member who is a cadastral surveyor to be the chairperson of the board.\n(sec.14-ssec.2) A person may be appointed as the chairperson at the same time the person is appointed as a member.\n(sec.14-ssec.3) The chairperson’s term of office ends when the person’s term of office as a member ends.\n(sec.14-ssec.4) A vacancy occurs in the office of chairperson if the person holding the office— resigns the office by signed notice of resignation given to the Minister; or stops being a cadastral surveyor.\n(sec.14-ssec.5) However, a person resigning the office of chairperson may continue to be a member.\n(sec.14-ssec.6) If otherwise qualified, the chairperson is eligible for reappointment.\n(sec.14-ssec.7) If a vacancy occurs in the office of chairperson (the vacating chairperson ) during the currency of the chairperson’s term of appointment, another member of the board who is a cadastral surveyor may be appointed by the Minister to fill the vacancy.\n(sec.14-ssec.8) A person’s appointment under subsection (7) continues until the earlier of the following— the day the remainder of the vacating chairperson’s term of appointment ends; the day the Governor in Council appoints a new chairperson under this section.\n- (a) resigns the office by signed notice of resignation given to the Minister; or\n- (b) stops being a cadastral surveyor.\n- (a) the day the remainder of the vacating chairperson’s term of appointment ends;\n- (b) the day the Governor in Council appoints a new chairperson under this section.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Term of appointment","content":"### sec.15 Term of appointment\n\nEach member of the board is appointed for a term of not more than 3 years, stated in the member’s instrument of appointment.\nDespite subsection (1) , a member continues holding office after the member’s term of office ends until the member’s successor is appointed.\ns 15 sub 2010 No. 12 s 220\n(sec.15-ssec.1) Each member of the board is appointed for a term of not more than 3 years, stated in the member’s instrument of appointment.\n(sec.15-ssec.2) Despite subsection (1) , a member continues holding office after the member’s term of office ends until the member’s successor is appointed.","sortOrder":18},{"sectionNumber":"sec.16","sectionType":"section","heading":"Disqualification from membership","content":"### sec.16 Disqualification from membership\n\nA person can not become, or continue as, a member if the person—\nis an insolvent under administration; or\nis, or has been, convicted of an indictable offence (including an indictable offence dealt with summarily) or an offence against this Act or the repealed Act and the conviction is not a spent conviction.\ns 16 amd 2004 No. 33 s 23 ; 2023 No. 23 s 247 sch 1 ss 2 (5) , 38\n- (a) is an insolvent under administration; or\n- (b) is, or has been, convicted of an indictable offence (including an indictable offence dealt with summarily) or an offence against this Act or the repealed Act and the conviction is not a spent conviction.","sortOrder":19},{"sectionNumber":"sec.17","sectionType":"section","heading":"Investigations about eligibility for appointment","content":"### sec.17 Investigations about eligibility for appointment\n\nThe chief executive may make investigations about a person included in the panel of nominees to decide whether the person is eligible for appointment to the board.\nWithout limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about the criminal history of the person.\nThe commissioner must give the report to the chief executive.\nHowever, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.\n(sec.17-ssec.1) The chief executive may make investigations about a person included in the panel of nominees to decide whether the person is eligible for appointment to the board.\n(sec.17-ssec.2) Without limiting subsection (1) , the chief executive may ask the commissioner of the police service for a written report about the criminal history of the person.\n(sec.17-ssec.3) The commissioner must give the report to the chief executive.\n(sec.17-ssec.4) However, the report is required to contain only criminal history in the commissioner’s possession or to which the commissioner has access.","sortOrder":20},{"sectionNumber":"sec.18","sectionType":"section","heading":"Criminal history is confidential document","content":"### sec.18 Criminal history is confidential document\n\nAn officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 17 .\nMaximum penalty for subsection (1) —100 penalty units.\nHowever, the officer, employee or agent does not contravene subsection (1) if—\ndisclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or\nthe disclosure is otherwise required or permitted by law.\nThe chief executive must destroy the report as soon as practicable after considering the person’s eligibility for appointment to the board.\n(sec.18-ssec.1) An officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 17 . Maximum penalty for subsection (1) —100 penalty units.\n(sec.18-ssec.2) However, the officer, employee or agent does not contravene subsection (1) if— disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or the disclosure is otherwise required or permitted by law.\n(sec.18-ssec.3) The chief executive must destroy the report as soon as practicable after considering the person’s eligibility for appointment to the board.\n- (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or\n- (b) the disclosure is otherwise required or permitted by law.","sortOrder":21},{"sectionNumber":"sec.19","sectionType":"section","heading":"Vacation of office","content":"### sec.19 Vacation of office\n\nA member is taken to have vacated office if the member—\ndies; or\nresigns his or her office on the board by signed notice of resignation given to the Minister; or\ncan not continue as a member under section 16 ; or\nis absent without the board’s permission, or the Minister’s approval given under section 22 (1) , from 3 consecutive ordinary meetings of the board of which proper notice has been given; or\nwas appointed because the member had particular qualifications or experience, or held a particular type of position, and the member stops having the qualifications or experience or holding a position of that type.\nSubsection (1) (e) does not apply if, despite the member no longer having the qualifications or experience or holding a position of that type, the membership of the board still complies with section 12 (2) .\nIn this section—\nmeeting , of the board, means the following—\nif the member does not attend—a meeting with a quorum present;\nif the member attends—a meeting with or without a quorum present.\ns 19 amd 2010 No. 12 s 221 ; 2019 No. 17 s 72\n(sec.19-ssec.1) A member is taken to have vacated office if the member— dies; or resigns his or her office on the board by signed notice of resignation given to the Minister; or can not continue as a member under section 16 ; or is absent without the board’s permission, or the Minister’s approval given under section 22 (1) , from 3 consecutive ordinary meetings of the board of which proper notice has been given; or was appointed because the member had particular qualifications or experience, or held a particular type of position, and the member stops having the qualifications or experience or holding a position of that type.\n(sec.19-ssec.2) Subsection (1) (e) does not apply if, despite the member no longer having the qualifications or experience or holding a position of that type, the membership of the board still complies with section 12 (2) .\n(sec.19-ssec.3) In this section— meeting , of the board, means the following— if the member does not attend—a meeting with a quorum present; if the member attends—a meeting with or without a quorum present.\n- (a) dies; or\n- (b) resigns his or her office on the board by signed notice of resignation given to the Minister; or\n- (c) can not continue as a member under section 16 ; or\n- (d) is absent without the board’s permission, or the Minister’s approval given under section 22 (1) , from 3 consecutive ordinary meetings of the board of which proper notice has been given; or\n- (e) was appointed because the member had particular qualifications or experience, or held a particular type of position, and the member stops having the qualifications or experience or holding a position of that type.\n- (a) if the member does not attend—a meeting with a quorum present;\n- (b) if the member attends—a meeting with or without a quorum present.","sortOrder":22},{"sectionNumber":"sec.20","sectionType":"section","heading":"When notice of resignation takes effect","content":"### sec.20 When notice of resignation takes effect\n\nA notice of resignation mentioned in section 14 (4) (a) or 19 (1) (b) takes effect when the notice is received by the Minister or, if a later time is stated in the notice, the later time.","sortOrder":23},{"sectionNumber":"sec.21","sectionType":"section","heading":"Casual vacancy in member’s office","content":"### sec.21 Casual vacancy in member’s office\n\nIf a vacancy occurs in the office of a member (the vacating member ) during the currency of the member’s term of appointment, another person (the new member ) must be appointed by the Minister to fill the vacancy.\nThe new member’s appointment continues for the remainder of the vacating member’s term of appointment.\nIf the vacating member had particular qualifications or experience, or held a particular type of position, required under section 12 (2) , the new member must have the same qualifications or experience or hold a position of the same type.\ns 21 amd 2019 No. 17 s 73\n(sec.21-ssec.1) If a vacancy occurs in the office of a member (the vacating member ) during the currency of the member’s term of appointment, another person (the new member ) must be appointed by the Minister to fill the vacancy.\n(sec.21-ssec.2) The new member’s appointment continues for the remainder of the vacating member’s term of appointment.\n(sec.21-ssec.3) If the vacating member had particular qualifications or experience, or held a particular type of position, required under section 12 (2) , the new member must have the same qualifications or experience or hold a position of the same type.","sortOrder":24},{"sectionNumber":"sec.22","sectionType":"section","heading":"Leave of absence for a member","content":"### sec.22 Leave of absence for a member\n\nThe Minister may approve a leave of absence for a member of more than 3 months.\nThe Minister may appoint another person to act in the office of the member while the member is absent on the approved leave.\nIf the member has particular qualifications or experience, or holds a particular type of position, required under section 12 (2) , the person appointed must have the same qualifications or experience or hold a position of the same type.\ns 22 amd 2019 No. 17 s 74\n(sec.22-ssec.1) The Minister may approve a leave of absence for a member of more than 3 months.\n(sec.22-ssec.2) The Minister may appoint another person to act in the office of the member while the member is absent on the approved leave.\n(sec.22-ssec.3) If the member has particular qualifications or experience, or holds a particular type of position, required under section 12 (2) , the person appointed must have the same qualifications or experience or hold a position of the same type.","sortOrder":25},{"sectionNumber":"sec.23","sectionType":"section","heading":"Effect of vacancy or irregularity in membership of board","content":"### sec.23 Effect of vacancy or irregularity in membership of board\n\nDespite section 12 , the performance of a function or exercise of a power by the board is not affected merely because of a vacancy or irregularity in the membership of the board.","sortOrder":26},{"sectionNumber":"sec.24","sectionType":"section","heading":"Remuneration and other entitlements of members","content":"### sec.24 Remuneration and other entitlements of members\n\nA member is entitled to be paid the fees and allowances decided by the Governor in Council.\nA member is also entitled to be reimbursed the reasonable amounts, approved by the board, for the member’s out of pocket expenses necessarily incurred in performing the member’s duties for the board.\n(sec.24-ssec.1) A member is entitled to be paid the fees and allowances decided by the Governor in Council.\n(sec.24-ssec.2) A member is also entitled to be reimbursed the reasonable amounts, approved by the board, for the member’s out of pocket expenses necessarily incurred in performing the member’s duties for the board.","sortOrder":27},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Board business","content":"## Board business","sortOrder":28},{"sectionNumber":"sec.25","sectionType":"section","heading":"Conduct of business","content":"### sec.25 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":29},{"sectionNumber":"sec.26","sectionType":"section","heading":"Times and places of meetings","content":"### sec.26 Times and places of meetings\n\nBoard meetings must be held at the times and places the chairperson decides.\nHowever, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least 2 members.\n(sec.26-ssec.1) Board meetings must be held at the times and places the chairperson decides.\n(sec.26-ssec.2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least 2 members.","sortOrder":30},{"sectionNumber":"sec.27","sectionType":"section","heading":"Quorum","content":"### sec.27 Quorum\n\nA quorum for the board is a majority of the members at the time the meeting is held.\ns 27 sub 2019 No. 17 s 75","sortOrder":31},{"sectionNumber":"sec.28","sectionType":"section","heading":"Presiding at meetings","content":"### sec.28 Presiding at meetings\n\nThe chairperson must preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting or the office is vacant, a member chosen by the members present must preside.\n(sec.28-ssec.1) The chairperson must preside at all meetings of the board at which the chairperson is present.\n(sec.28-ssec.2) If the chairperson is absent from a board meeting or the office is vacant, a member chosen by the members present must preside.","sortOrder":32},{"sectionNumber":"sec.29","sectionType":"section","heading":"Conduct of meetings","content":"### sec.29 Conduct of meetings\n\nA question at a board meeting is decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between the members taking part in the meeting.\nteleconferencing\nA member who takes part in a board meeting under subsection (3) is taken to be present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\na majority of the members gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\n(sec.29-ssec.1) A question at a board meeting is decided by a majority of the votes of the members present.\n(sec.29-ssec.2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.29-ssec.3) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between the members taking part in the meeting. teleconferencing\n(sec.29-ssec.4) A member who takes part in a board meeting under subsection (3) is taken to be present at the meeting.\n(sec.29-ssec.5) A resolution is validly made by the board, even if it is not passed at a board meeting, if— a majority of the members gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n- (a) a majority of the members gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":33},{"sectionNumber":"sec.30","sectionType":"section","heading":"Minutes","content":"### sec.30 Minutes\n\nThe board must keep—\nminutes of its meetings; and\na record of any resolutions made under section 29 (5) .\nThe board must record in the minutes of an ordinary meeting, the names of the members who attended the meeting.\nThe board must record a member’s vote in the minutes of a meeting if—\na resolution is passed at the meeting by a majority of the members present; and\nthe member asks that the vote be recorded.\n(sec.30-ssec.1) The board must keep— minutes of its meetings; and a record of any resolutions made under section 29 (5) .\n(sec.30-ssec.2) The board must record in the minutes of an ordinary meeting, the names of the members who attended the meeting.\n(sec.30-ssec.3) The board must record a member’s vote in the minutes of a meeting if— a resolution is passed at the meeting by a majority of the members present; and the member asks that the vote be recorded.\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 29 (5) .\n- (a) a resolution is passed at the meeting by a majority of the members present; and\n- (b) the member asks that the vote be recorded.","sortOrder":34},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Disclosure of interests by members","content":"## Disclosure of interests by members","sortOrder":35},{"sectionNumber":"sec.31","sectionType":"section","heading":"Disclosure of interests","content":"### sec.31 Disclosure of interests\n\nThis section applies to a member if—\nthe member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.\nUnless the board otherwise directs, the member must not—\nbe present when the board considers the issue; or\ntake part in a decision of the board about the issue.\nThe member must not be present when the board is considering whether to give a direction under subsection (3) .\nIf there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not—\nbe present when the board is considering whether to give a direction under subsection (3) about the member; or\ntake part in making the decision about giving the direction.\nSubsection (7) applies if—\nbecause of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present.\nThe remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\nA member does not have a direct or indirect interest in an issue if the interest arises merely because the person is a surveyor.\n(sec.31-ssec.1) This section applies to a member if— the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n(sec.31-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.\n(sec.31-ssec.3) Unless the board otherwise directs, the member must not— be present when the board considers the issue; or take part in a decision of the board about the issue.\n(sec.31-ssec.4) The member must not be present when the board is considering whether to give a direction under subsection (3) .\n(sec.31-ssec.5) If there is another person who must, under subsection (2) , also disclose an interest in the issue, the other person must not— be present when the board is considering whether to give a direction under subsection (3) about the member; or take part in making the decision about giving the direction.\n(sec.31-ssec.6) Subsection (7) applies if— because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present.\n(sec.31-ssec.7) The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.\n(sec.31-ssec.8) A disclosure under subsection (2) must be recorded in the board’s minutes.\n(sec.31-ssec.9) A member does not have a direct or indirect interest in an issue if the interest arises merely because the person is a surveyor.\n- (a) the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the issue.\n- (a) be present when the board considers the issue; or\n- (b) take part in a decision of the board about the issue.\n- (a) be present when the board is considering whether to give a direction under subsection (3) about the member; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present.","sortOrder":36},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Directions by Minister","content":"## Directions by Minister","sortOrder":37},{"sectionNumber":"sec.32","sectionType":"section","heading":"Minister’s power to give directions in the public interest","content":"### sec.32 Minister’s power to give directions in the public interest\n\nThe Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary, in the public interest, to give the direction.\nWithout limiting subsection (1) , the direction may be—\nto give reports and information; or\nto apply to the board a policy, standard or other instrument applying to a public sector unit.\nThe direction can not be about any of the following—\nregistering, or refusing to register, an applicant;\nendorsing, or refusing to endorse, a registration certificate;\nrenewing, or refusing to renew, a registration or registration endorsement;\nimposing conditions on, or removing disciplinary conditions of, a registration;\notherwise amending, or suspending or cancelling a registration.\nDespite section 10 , the board must comply with the direction.\n(sec.32-ssec.1) The Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary, in the public interest, to give the direction.\n(sec.32-ssec.2) Without limiting subsection (1) , the direction may be— to give reports and information; or to apply to the board a policy, standard or other instrument applying to a public sector unit.\n(sec.32-ssec.3) The direction can not be about any of the following— registering, or refusing to register, an applicant; endorsing, or refusing to endorse, a registration certificate; renewing, or refusing to renew, a registration or registration endorsement; imposing conditions on, or removing disciplinary conditions of, a registration; otherwise amending, or suspending or cancelling a registration.\n(sec.32-ssec.4) Despite section 10 , the board must comply with the direction.\n- (a) to give reports and information; or\n- (b) to apply to the board a policy, standard or other instrument applying to a public sector unit.\n- (a) registering, or refusing to register, an applicant;\n- (b) endorsing, or refusing to endorse, a registration certificate;\n- (c) renewing, or refusing to renew, a registration or registration endorsement;\n- (d) imposing conditions on, or removing disciplinary conditions of, a registration;\n- (e) otherwise amending, or suspending or cancelling a registration.","sortOrder":38},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Annual report","content":"## Annual report","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Matters to be included in annual report","content":"### sec.33 Matters to be included in annual report\n\nThe board’s annual report under the Financial Accountability Act 2009 for a financial year must include—\ncopies of all ministerial directions given to the board under section 32 during the financial year; and\nthe number of registrants at the end of the financial year.\nHowever, the board must exclude from the copies mentioned in subsection (1) (a) all information likely to identify a person mentioned in the direction.\ns 33 amd 2009 No. 9 s 136 sch 1\n(sec.33-ssec.1) The board’s annual report under the Financial Accountability Act 2009 for a financial year must include— copies of all ministerial directions given to the board under section 32 during the financial year; and the number of registrants at the end of the financial year.\n(sec.33-ssec.2) However, the board must exclude from the copies mentioned in subsection (1) (a) all information likely to identify a person mentioned in the direction.\n- (a) copies of all ministerial directions given to the board under section 32 during the financial year; and\n- (b) the number of registrants at the end of the financial year.","sortOrder":40},{"sectionNumber":"pt.2-div.7","sectionType":"division","heading":"Other provisions about the board","content":"## Other provisions about the board","sortOrder":41},{"sectionNumber":"sec.34","sectionType":"section","heading":"Board is a statutory body under the Financial Accountability Act 2009","content":"### sec.34 Board is a statutory body under the Financial Accountability Act 2009\n\nThe board is a statutory body under the Financial Accountability Act 2009.\ns 34 amd 2009 No. 9 s 136 sch 1","sortOrder":42},{"sectionNumber":"sec.35","sectionType":"section","heading":"Board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982","content":"### sec.35 Board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982\n\nThe board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.35-ssec.1) The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.35-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":43},{"sectionNumber":"pt.3","sectionType":"part","heading":"Registration and registration endorsements","content":"# Registration and registration endorsements","sortOrder":44},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Eligibility","content":"## Eligibility","sortOrder":45},{"sectionNumber":"sec.36","sectionType":"section","heading":"Eligibility for registration or registration endorsement—individuals","content":"### sec.36 Eligibility for registration or registration endorsement—individuals\n\nAn individual may be registered as 1 of the following—\na surveyor, with or without 1 or more registration endorsements;\na surveying graduate;\na surveying associate;\nan emeritus surveyor.\nAn individual is eligible for a registration mentioned in subsection(1)(a) to (c) if—\nthe individual—\nhas, within 1 year before applying for the registration, been assessed under this Act, the repealed Act or a corresponding law as having the relevant competency; or\nunder a corresponding law, holds a registration equivalent to the registration sought; and\nthe board is satisfied the individual is a suitable person to hold the registration or registration endorsement; and\nfor a registration with a registration endorsement as a consulting surveyor, the individual—\nhas, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and\neither—\ntakes out and maintains the insurance cover prescribed under a regulation; or\nis covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\nAn individual may be registered as an emeritus surveyor if the individual—\nhas been, but is no longer, registered as a surveyor under this Act, the repealed Act or a corresponding law; and\nis a suitable person to be registered as an emeritus surveyor; and\notherwise meets the criteria prescribed under a regulation.\ns 36 amd 2004 No. 33 s 24 ; 2010 No. 12 s 222\n(sec.36-ssec.1) An individual may be registered as 1 of the following— a surveyor, with or without 1 or more registration endorsements; a surveying graduate; a surveying associate; an emeritus surveyor.\n(sec.36-ssec.2) An individual is eligible for a registration mentioned in subsection(1)(a) to (c) if— the individual— has, within 1 year before applying for the registration, been assessed under this Act, the repealed Act or a corresponding law as having the relevant competency; or under a corresponding law, holds a registration equivalent to the registration sought; and the board is satisfied the individual is a suitable person to hold the registration or registration endorsement; and for a registration with a registration endorsement as a consulting surveyor, the individual— has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and either— takes out and maintains the insurance cover prescribed under a regulation; or is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n(sec.36-ssec.3) An individual may be registered as an emeritus surveyor if the individual— has been, but is no longer, registered as a surveyor under this Act, the repealed Act or a corresponding law; and is a suitable person to be registered as an emeritus surveyor; and otherwise meets the criteria prescribed under a regulation.\n- (a) a surveyor, with or without 1 or more registration endorsements;\n- (b) a surveying graduate;\n- (c) a surveying associate;\n- (d) an emeritus surveyor.\n- (a) the individual— (i) has, within 1 year before applying for the registration, been assessed under this Act, the repealed Act or a corresponding law as having the relevant competency; or (ii) under a corresponding law, holds a registration equivalent to the registration sought; and\n- (i) has, within 1 year before applying for the registration, been assessed under this Act, the repealed Act or a corresponding law as having the relevant competency; or\n- (ii) under a corresponding law, holds a registration equivalent to the registration sought; and\n- (b) the board is satisfied the individual is a suitable person to hold the registration or registration endorsement; and\n- (c) for a registration with a registration endorsement as a consulting surveyor, the individual— (i) has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and (ii) either— (A) takes out and maintains the insurance cover prescribed under a regulation; or (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n- (i) has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and\n- (ii) either— (A) takes out and maintains the insurance cover prescribed under a regulation; or (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n- (A) takes out and maintains the insurance cover prescribed under a regulation; or\n- (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n- (i) has, within 1 year before applying for the registration, been assessed under this Act, the repealed Act or a corresponding law as having the relevant competency; or\n- (ii) under a corresponding law, holds a registration equivalent to the registration sought; and\n- (i) has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and\n- (ii) either— (A) takes out and maintains the insurance cover prescribed under a regulation; or (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n- (A) takes out and maintains the insurance cover prescribed under a regulation; or\n- (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n- (A) takes out and maintains the insurance cover prescribed under a regulation; or\n- (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n- (a) has been, but is no longer, registered as a surveyor under this Act, the repealed Act or a corresponding law; and\n- (b) is a suitable person to be registered as an emeritus surveyor; and\n- (c) otherwise meets the criteria prescribed under a regulation.","sortOrder":46},{"sectionNumber":"sec.37","sectionType":"section","heading":"Suitability of individual for registration or registration endorsement","content":"### sec.37 Suitability of individual for registration or registration endorsement\n\nIn deciding whether an individual is a suitable person for section 36 (2) (b) or (3) (b) , the board must consider all relevant matters including the individual’s reputation, having regard to character, honesty and integrity.","sortOrder":47},{"sectionNumber":"sec.38","sectionType":"section","heading":"Eligibility for registration and registration endorsement—corporations","content":"### sec.38 Eligibility for registration and registration endorsement—corporations\n\nA corporation may be registered as a surveyor with a registration endorsement as a consulting surveyor, with or without any other registration endorsements.\nA corporation is eligible for registration if the corporation—\nis incorporated in Australia; and\nhas, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and\ntakes out and maintains the insurance cover prescribed under a regulation; and\ncomplies with subsection (3) .\nThe corporation must employ or have as one of its executive officers—\na surveyor who holds a registration endorsement as a consulting surveyor; and\nif the corporation requires an endorsement other than as a consulting surveyor—a surveyor who holds the registration endorsement required.\ns 38 amd 2004 No. 22 s 25 ; 2010 No. 12 s 223\n(sec.38-ssec.1) A corporation may be registered as a surveyor with a registration endorsement as a consulting surveyor, with or without any other registration endorsements.\n(sec.38-ssec.2) A corporation is eligible for registration if the corporation— is incorporated in Australia; and has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and takes out and maintains the insurance cover prescribed under a regulation; and complies with subsection (3) .\n(sec.38-ssec.3) The corporation must employ or have as one of its executive officers— a surveyor who holds a registration endorsement as a consulting surveyor; and if the corporation requires an endorsement other than as a consulting surveyor—a surveyor who holds the registration endorsement required.\n- (a) is incorporated in Australia; and\n- (b) has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and\n- (c) takes out and maintains the insurance cover prescribed under a regulation; and\n- (d) complies with subsection (3) .\n- (a) a surveyor who holds a registration endorsement as a consulting surveyor; and\n- (b) if the corporation requires an endorsement other than as a consulting surveyor—a surveyor who holds the registration endorsement required.","sortOrder":48},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Competency assessment","content":"## Competency assessment","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Establishing competency frameworks","content":"### sec.39 Establishing competency frameworks\n\nThe board must establish the competency frameworks appropriate for the qualifications, skills, knowledge and experience needed for—\nregistration as a surveyor, surveying graduate or surveying associate; or\na registration endorsement.\nIn establishing a competency framework, the board must consult with the entities considered by the board as having appropriate knowledge and experience in the relevant type of surveying.\nA competency framework is a statutory instrument, but is not subordinate legislation.\nA competency framework has effect when it is published as required under section 40 (a) .\n(sec.39-ssec.1) The board must establish the competency frameworks appropriate for the qualifications, skills, knowledge and experience needed for— registration as a surveyor, surveying graduate or surveying associate; or a registration endorsement.\n(sec.39-ssec.2) In establishing a competency framework, the board must consult with the entities considered by the board as having appropriate knowledge and experience in the relevant type of surveying.\n(sec.39-ssec.3) A competency framework is a statutory instrument, but is not subordinate legislation.\n(sec.39-ssec.4) A competency framework has effect when it is published as required under section 40 (a) .\n- (a) registration as a surveyor, surveying graduate or surveying associate; or\n- (b) a registration endorsement.","sortOrder":50},{"sectionNumber":"sec.40","sectionType":"section","heading":"Publishing competency frameworks","content":"### sec.40 Publishing competency frameworks\n\nThe board must—\npublish the competency frameworks on the board’s website on the internet; and\nThe board’s website on the internet is <www.surveyorsboard.com.au>.\nkeep a copy of each competency framework and any document applied, adopted or incorporated by the framework available for inspection without charge, during normal business hours at the board’s office; and\nThe board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.\nif asked by a person and on payment of any fee decided by the board, give the person a copy of a competency framework.\n- (a) publish the competency frameworks on the board’s website on the internet; and Editor’s note— The board’s website on the internet is <www.surveyorsboard.com.au>.\n- (b) keep a copy of each competency framework and any document applied, adopted or incorporated by the framework available for inspection without charge, during normal business hours at the board’s office; and Editor’s note— The board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.\n- (c) if asked by a person and on payment of any fee decided by the board, give the person a copy of a competency framework.","sortOrder":51},{"sectionNumber":"sec.41","sectionType":"section","heading":"Accreditation of entities for assessing competency","content":"### sec.41 Accreditation of entities for assessing competency\n\nThe board may enter into a written agreement with an entity for accreditation of the entity for assessing the competency of persons.\nThe matters covered by the agreement may include amounts payable by the board to the entity for the assessment.\n(sec.41-ssec.1) The board may enter into a written agreement with an entity for accreditation of the entity for assessing the competency of persons.\n(sec.41-ssec.2) The matters covered by the agreement may include amounts payable by the board to the entity for the assessment.","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"Record of accredited entities","content":"### sec.42 Record of accredited entities\n\nThe board must keep a record stating each of the following—\nthe name of each accredited entity;\nthe contact details for the entity;\nthe type of competency for which the entity is accredited.\nThe board must—\nkeep the record available for inspection, without charge, during normal business hours at the board’s office; and\nif asked by a person and on payment of any fee decided by the board, give the person a copy of all or part of the record.\n(sec.42-ssec.1) The board must keep a record stating each of the following— the name of each accredited entity; the contact details for the entity; the type of competency for which the entity is accredited.\n(sec.42-ssec.2) The board must— keep the record available for inspection, without charge, during normal business hours at the board’s office; and if asked by a person and on payment of any fee decided by the board, give the person a copy of all or part of the record.\n- (a) the name of each accredited entity;\n- (b) the contact details for the entity;\n- (c) the type of competency for which the entity is accredited.\n- (a) keep the record available for inspection, without charge, during normal business hours at the board’s office; and\n- (b) if asked by a person and on payment of any fee decided by the board, give the person a copy of all or part of the record.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Who may assess competency","content":"### sec.43 Who may assess competency\n\nThe board, or an accredited entity, (the assessing entity ) may assess a person’s competency.\nThe assessing entity—\nmay decide the procedure to be used by the entity for the assessment; and\nmust ensure details of the procedure are readily available to any person.\nThe assessing entity must, if asked by a person, give details of the procedure to the person.\nThe procedure may include 1 or more of the following—\ntraining a person under an agreement (a professional training agreement ) entered into between the board, the person and a surveyor who supervises the training;\nassessing a person’s surveying project (a professional assessment project );\nassessing a person’s skills and experience ( competence equivalence ).\nSubsection (4) does not limit the procedures that may be decided under subsection (2) (a) .\ns 43 amd 2004 No. 33 s 26\n(sec.43-ssec.1) The board, or an accredited entity, (the assessing entity ) may assess a person’s competency.\n(sec.43-ssec.2) The assessing entity— may decide the procedure to be used by the entity for the assessment; and must ensure details of the procedure are readily available to any person.\n(sec.43-ssec.3) The assessing entity must, if asked by a person, give details of the procedure to the person.\n(sec.43-ssec.4) The procedure may include 1 or more of the following— training a person under an agreement (a professional training agreement ) entered into between the board, the person and a surveyor who supervises the training; assessing a person’s surveying project (a professional assessment project ); assessing a person’s skills and experience ( competence equivalence ).\n(sec.43-ssec.5) Subsection (4) does not limit the procedures that may be decided under subsection (2) (a) .\n- (a) may decide the procedure to be used by the entity for the assessment; and\n- (b) must ensure details of the procedure are readily available to any person.\n- (a) training a person under an agreement (a professional training agreement ) entered into between the board, the person and a surveyor who supervises the training;\n- (b) assessing a person’s surveying project (a professional assessment project );\n- (c) assessing a person’s skills and experience ( competence equivalence ).","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Application for competency assessment","content":"### sec.44 Application for competency assessment\n\nA person may apply to the board, or an accredited entity, for assessment of the person’s competency.\nThe application must be made in the way, and be accompanied by the assessment fee, prescribed under a regulation.\nThe assessment fee may consist of a fee for 1 or more of the following—\nlodging the application;\nvarying or relodging a professional training agreement;\nassessing and reporting on training under a professional training agreement;\nassessing a professional assessment project;\nassessing competence equivalence.\ns 44 amd 2004 No. 33 s 27\n(sec.44-ssec.1) A person may apply to the board, or an accredited entity, for assessment of the person’s competency.\n(sec.44-ssec.2) The application must be made in the way, and be accompanied by the assessment fee, prescribed under a regulation.\n(sec.44-ssec.3) The assessment fee may consist of a fee for 1 or more of the following— lodging the application; varying or relodging a professional training agreement; assessing and reporting on training under a professional training agreement; assessing a professional assessment project; assessing competence equivalence.\n- (a) lodging the application;\n- (b) varying or relodging a professional training agreement;\n- (c) assessing and reporting on training under a professional training agreement;\n- (d) assessing a professional assessment project;\n- (e) assessing competence equivalence.","sortOrder":55},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Applications for registration and registration endorsement","content":"## Applications for registration and registration endorsement","sortOrder":56},{"sectionNumber":"sec.45","sectionType":"section","heading":"Procedural requirements for application","content":"### sec.45 Procedural requirements for application\n\nAn application for registration or a registration endorsement must be—\nmade to the board; and\nin the approved form; and\naccompanied by—\nthe application fee prescribed under a regulation; and\nthe registration fee prescribed under a regulation; and\nany documents, identified in the approved form, the board reasonably requires for deciding the application.\nAn application, other than an application for registration of a corporation or as an emeritus surveyor, must also be accompanied by—\nsatisfactory evidence of the applicant’s relevant competency; and\nfor an applicant who is registered under a corresponding law—details of any conditions of the registration.\nIn addition, an application by an individual for a registration endorsement as a consulting surveyor must be accompanied by satisfactory evidence that the applicant—\nhas taken out and maintains the insurance cover prescribed under a regulation; or\nwill be covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\nInformation in an application must, if the approved form requires, be verified by a statutory declaration.\nThe approved form must provide for the applicant to indicate whether, if the application is granted, the applicant consents to the applicant’s address being included in the publicly available part of a register.\ns 45 amd 2010 No. 12 s 224\n(sec.45-ssec.1) An application for registration or a registration endorsement must be— made to the board; and in the approved form; and accompanied by— the application fee prescribed under a regulation; and the registration fee prescribed under a regulation; and any documents, identified in the approved form, the board reasonably requires for deciding the application.\n(sec.45-ssec.2) An application, other than an application for registration of a corporation or as an emeritus surveyor, must also be accompanied by— satisfactory evidence of the applicant’s relevant competency; and for an applicant who is registered under a corresponding law—details of any conditions of the registration.\n(sec.45-ssec.3) In addition, an application by an individual for a registration endorsement as a consulting surveyor must be accompanied by satisfactory evidence that the applicant— has taken out and maintains the insurance cover prescribed under a regulation; or will be covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.\n(sec.45-ssec.4) Information in an application must, if the approved form requires, be verified by a statutory declaration.\n(sec.45-ssec.5) The approved form must provide for the applicant to indicate whether, if the application is granted, the applicant consents to the applicant’s address being included in the publicly available part of a register.\n- (a) made to the board; and\n- (b) in the approved form; and\n- (c) accompanied by— (i) the application fee prescribed under a regulation; and (ii) the registration fee prescribed under a regulation; and (iii) any documents, identified in the approved form, the board reasonably requires for deciding the application.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the registration fee prescribed under a regulation; and\n- (iii) any documents, identified in the approved form, the board reasonably requires for deciding the application.\n- (i) the application fee prescribed under a regulation; and\n- (ii) the registration fee prescribed under a regulation; and\n- (iii) any documents, identified in the approved form, the board reasonably requires for deciding the application.\n- (a) satisfactory evidence of the applicant’s relevant competency; and\n- (b) for an applicant who is registered under a corresponding law—details of any conditions of the registration.\n- (a) has taken out and maintains the insurance cover prescribed under a regulation; or\n- (b) will be covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor.","sortOrder":57},{"sectionNumber":"sec.46","sectionType":"section","heading":"Additional requirements for application by corporation","content":"### sec.46 Additional requirements for application by corporation\n\nAn application for registration of a corporation must also be accompanied by satisfactory evidence that the corporation—\nis incorporated in Australia; and\nhas taken out and maintains the insurance cover prescribed under a regulation.\nAn application for a registration endorsement for a corporation must also be accompanied by satisfactory evidence that—\na surveyor employed by or an executive officer of the corporation holds a registration endorsement as a consulting surveyor; and\nif the application is for a registration endorsement other than an endorsement as a consulting surveyor—a surveyor employed by or an executive officer of the corporation holds the registration endorsement.\ns 46 amd 2004 No. 33 s 28 ; 2010 No. 12 s 225\n(sec.46-ssec.1) An application for registration of a corporation must also be accompanied by satisfactory evidence that the corporation— is incorporated in Australia; and has taken out and maintains the insurance cover prescribed under a regulation.\n(sec.46-ssec.2) An application for a registration endorsement for a corporation must also be accompanied by satisfactory evidence that— a surveyor employed by or an executive officer of the corporation holds a registration endorsement as a consulting surveyor; and if the application is for a registration endorsement other than an endorsement as a consulting surveyor—a surveyor employed by or an executive officer of the corporation holds the registration endorsement.\n- (a) is incorporated in Australia; and\n- (b) has taken out and maintains the insurance cover prescribed under a regulation.\n- (a) a surveyor employed by or an executive officer of the corporation holds a registration endorsement as a consulting surveyor; and\n- (b) if the application is for a registration endorsement other than an endorsement as a consulting surveyor—a surveyor employed by or an executive officer of the corporation holds the registration endorsement.","sortOrder":58},{"sectionNumber":"sec.47","sectionType":"section","heading":"Additional requirements for application for registration as an emeritus surveyor","content":"### sec.47 Additional requirements for application for registration as an emeritus surveyor\n\nAn application for registration as an emeritus surveyor must also be accompanied by—\nsatisfactory evidence of the applicant’s previous registration as a surveyor, including the period for which the applicant was registered; and\nany other documents, identified in the approved form, the board reasonably requires for deciding the application.\n- (a) satisfactory evidence of the applicant’s previous registration as a surveyor, including the period for which the applicant was registered; and\n- (b) any other documents, identified in the approved form, the board reasonably requires for deciding the application.","sortOrder":59},{"sectionNumber":"sec.48","sectionType":"section","heading":"Board’s powers before deciding application","content":"### sec.48 Board’s powers before deciding application\n\nBefore deciding an application, the board may, by written notice given to the applicant, ask the applicant for any further information or document the board reasonably requires to decide the application.\nThe notice must state a reasonable period of at least 10 business days after it is given (the stated period ) within which the information or document must be given.\nThe board may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period.\nA notice under subsection (1) must be given to the applicant within 10 business days after the board receives the application.\n(sec.48-ssec.1) Before deciding an application, the board may, by written notice given to the applicant, ask the applicant for any further information or document the board reasonably requires to decide the application.\n(sec.48-ssec.2) The notice must state a reasonable period of at least 10 business days after it is given (the stated period ) within which the information or document must be given.\n(sec.48-ssec.3) The board may require the information or document to be verified by a statutory declaration.\n(sec.48-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period.\n(sec.48-ssec.5) A notice under subsection (1) must be given to the applicant within 10 business days after the board receives the application.","sortOrder":60},{"sectionNumber":"sec.49","sectionType":"section","heading":"Deciding application","content":"### sec.49 Deciding application\n\nThe board must consider the application and decide to grant, or refuse to grant, the application.\nHowever, the board may grant the application only if the board is satisfied the applicant is eligible under division 1 for the registration or registration endorsement for which the application is made.\n(sec.49-ssec.1) The board must consider the application and decide to grant, or refuse to grant, the application.\n(sec.49-ssec.2) However, the board may grant the application only if the board is satisfied the applicant is eligible under division 1 for the registration or registration endorsement for which the application is made.","sortOrder":61},{"sectionNumber":"sec.50","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.50 Steps to be taken after application decided\n\nIf the board decides to grant the application, it must, as soon as practicable after making the decision, issue a registration certificate to the applicant.\nIf the board decides to refuse to grant the application, it must as soon as practicable after making the decision—\ngive the applicant an information notice about the decision; and\nrefund the registration fee paid by the applicant.\n(sec.50-ssec.1) If the board decides to grant the application, it must, as soon as practicable after making the decision, issue a registration certificate to the applicant.\n(sec.50-ssec.2) If the board decides to refuse to grant the application, it must as soon as practicable after making the decision— give the applicant an information notice about the decision; and refund the registration fee paid by the applicant.\n- (a) give the applicant an information notice about the decision; and\n- (b) refund the registration fee paid by the applicant.","sortOrder":62},{"sectionNumber":"sec.51","sectionType":"section","heading":"Term of registration or registration endorsement","content":"### sec.51 Term of registration or registration endorsement\n\nA registration or registration endorsement is given for the term of not longer than 12 months—\nstarting on the day, stated in the registration certificate, on which the certificate is issued; and\nwritten notice of which is given to the registrant when the certificate is issued.\nA registration endorsement can not be given for a term longer than the term of the registration to which it relates.\nAt the end of the term of the registration, the registration and any current registration endorsement on it expires.\nHowever, if an application for renewal of the registration is made before the term of the registration expires, the registration and any current registration endorsement on it is taken to continue until the application is decided.\n(sec.51-ssec.1) A registration or registration endorsement is given for the term of not longer than 12 months— starting on the day, stated in the registration certificate, on which the certificate is issued; and written notice of which is given to the registrant when the certificate is issued.\n(sec.51-ssec.2) A registration endorsement can not be given for a term longer than the term of the registration to which it relates.\n(sec.51-ssec.3) At the end of the term of the registration, the registration and any current registration endorsement on it expires.\n(sec.51-ssec.4) However, if an application for renewal of the registration is made before the term of the registration expires, the registration and any current registration endorsement on it is taken to continue until the application is decided.\n- (a) starting on the day, stated in the registration certificate, on which the certificate is issued; and\n- (b) written notice of which is given to the registrant when the certificate is issued.","sortOrder":63},{"sectionNumber":"sec.52","sectionType":"section","heading":"Registration certificate","content":"### sec.52 Registration certificate\n\nA registration certificate must—\nbe in the approved form; and\nstate—\nfor registration of an individual—the registrant’s name; or\nfor registration of a corporation—the corporation’s name and ACN.\nThe certificate must also state the day on which it is issued.\n(sec.52-ssec.1) A registration certificate must— be in the approved form; and state— for registration of an individual—the registrant’s name; or for registration of a corporation—the corporation’s name and ACN.\n(sec.52-ssec.2) The certificate must also state the day on which it is issued.\n- (a) be in the approved form; and\n- (b) state— (i) for registration of an individual—the registrant’s name; or (ii) for registration of a corporation—the corporation’s name and ACN.\n- (i) for registration of an individual—the registrant’s name; or\n- (ii) for registration of a corporation—the corporation’s name and ACN.\n- (i) for registration of an individual—the registrant’s name; or\n- (ii) for registration of a corporation—the corporation’s name and ACN.","sortOrder":64},{"sectionNumber":"sec.53","sectionType":"section","heading":"Failure to decide application","content":"### sec.53 Failure to decide application\n\nThe board is taken to have decided to refuse to grant an application if—\nunless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or\nthe board—\nunder section 48 , required the applicant to give the board further information or a document; and\nfails to decide the application within 40 business days after receiving the information or document.\nAs soon as practicable after it is taken to have made the decision, the board must refund the registration fee paid by the applicant.\nThe board need not give an applicant an information notice for a decision taken to have been made under this section.\ns 53 amd 2009 No. 24 s 918\n(sec.53-ssec.1) The board is taken to have decided to refuse to grant an application if— unless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or the board— under section 48 , required the applicant to give the board further information or a document; and fails to decide the application within 40 business days after receiving the information or document.\n(sec.53-ssec.2) As soon as practicable after it is taken to have made the decision, the board must refund the registration fee paid by the applicant.\n(sec.53-ssec.3) The board need not give an applicant an information notice for a decision taken to have been made under this section.\n- (a) unless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or\n- (b) the board— (i) under section 48 , required the applicant to give the board further information or a document; and (ii) fails to decide the application within 40 business days after receiving the information or document.\n- (i) under section 48 , required the applicant to give the board further information or a document; and\n- (ii) fails to decide the application within 40 business days after receiving the information or document.\n- (i) under section 48 , required the applicant to give the board further information or a document; and\n- (ii) fails to decide the application within 40 business days after receiving the information or document.","sortOrder":65},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Renewing registration and registration endorsement","content":"## Renewing registration and registration endorsement","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Application for renewal","content":"### sec.54 Application for renewal\n\nA registrant may renew his or her registration or registration endorsement.\nAn application for the renewal must be—\nmade to the board before the registration or registration endorsement expires; and\nin the approved form; and\naccompanied by—\nsatisfactory evidence of the applicant’s relevant competency; and\nthe registration fee prescribed under a regulation.\nIf the application is made later than 1 month before the registration expires, the application must also be accompanied by the fee, prescribed under a regulation, for the late application.\n(sec.54-ssec.1) A registrant may renew his or her registration or registration endorsement.\n(sec.54-ssec.2) An application for the renewal must be— made to the board before the registration or registration endorsement expires; and in the approved form; and accompanied by— satisfactory evidence of the applicant’s relevant competency; and the registration fee prescribed under a regulation.\n(sec.54-ssec.3) If the application is made later than 1 month before the registration expires, the application must also be accompanied by the fee, prescribed under a regulation, for the late application.\n- (a) made to the board before the registration or registration endorsement expires; and\n- (b) in the approved form; and\n- (c) accompanied by— (i) satisfactory evidence of the applicant’s relevant competency; and (ii) the registration fee prescribed under a regulation.\n- (i) satisfactory evidence of the applicant’s relevant competency; and\n- (ii) the registration fee prescribed under a regulation.\n- (i) satisfactory evidence of the applicant’s relevant competency; and\n- (ii) the registration fee prescribed under a regulation.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Board’s powers before deciding application","content":"### sec.55 Board’s powers before deciding application\n\nBefore deciding the application, the board may, by written notice given to the applicant, ask the applicant for any further information or document the board reasonably requires to decide the application.\nThe notice must state a reasonable period of at least 10 business days after it is given (the stated period ) within which the information or document must be given.\nThe board may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period.\nA notice under subsection (1) must be given to the applicant within 10 business days after the board receives the application.\nThe board may also ask the chief executive for statistical information held by the chief executive about the quality of surveys carried out by the registrant to help the board decide the continued suitability of the applicant for the registration or registration endorsement.\nThe chief executive must comply with a request under subsection (6) .\n(sec.55-ssec.1) Before deciding the application, the board may, by written notice given to the applicant, ask the applicant for any further information or document the board reasonably requires to decide the application.\n(sec.55-ssec.2) The notice must state a reasonable period of at least 10 business days after it is given (the stated period ) within which the information or document must be given.\n(sec.55-ssec.3) The board may require the information or document to be verified by a statutory declaration.\n(sec.55-ssec.4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period.\n(sec.55-ssec.5) A notice under subsection (1) must be given to the applicant within 10 business days after the board receives the application.\n(sec.55-ssec.6) The board may also ask the chief executive for statistical information held by the chief executive about the quality of surveys carried out by the registrant to help the board decide the continued suitability of the applicant for the registration or registration endorsement.\n(sec.55-ssec.7) The chief executive must comply with a request under subsection (6) .","sortOrder":68},{"sectionNumber":"sec.56","sectionType":"section","heading":"Deciding application","content":"### sec.56 Deciding application\n\nThe board must consider the application and decide to grant, or refuse to grant, the application.\nHowever, the board may grant the application only if the board is satisfied the applicant is eligible under division 1 for the registration or registration endorsement for which the application is made.\n(sec.56-ssec.1) The board must consider the application and decide to grant, or refuse to grant, the application.\n(sec.56-ssec.2) However, the board may grant the application only if the board is satisfied the applicant is eligible under division 1 for the registration or registration endorsement for which the application is made.","sortOrder":69},{"sectionNumber":"sec.57","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.57 Steps to be taken after application decided\n\nIf the board decides to grant the application, it must, as soon as practicable after making the decision, give the applicant a written notice stating—\nthe board’s decision; and\nthe term for which the registration or registration endorsement is renewed.\nIf the board decides to refuse to grant the application, it must as soon as practicable after making the decision—\ngive the applicant an information notice about the decision; and\nrefund the registration fee paid by the applicant.\n(sec.57-ssec.1) If the board decides to grant the application, it must, as soon as practicable after making the decision, give the applicant a written notice stating— the board’s decision; and the term for which the registration or registration endorsement is renewed.\n(sec.57-ssec.2) If the board decides to refuse to grant the application, it must as soon as practicable after making the decision— give the applicant an information notice about the decision; and refund the registration fee paid by the applicant.\n- (a) the board’s decision; and\n- (b) the term for which the registration or registration endorsement is renewed.\n- (a) give the applicant an information notice about the decision; and\n- (b) refund the registration fee paid by the applicant.","sortOrder":70},{"sectionNumber":"sec.58","sectionType":"section","heading":"Failure to decide application","content":"### sec.58 Failure to decide application\n\nThe board is taken to have decided to refuse to grant the application if—\nunless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or\nthe board—\nunder section 55 , required the applicant to give the board further information or a document; and\nfails to decide the application within 40 business days after receiving the information or document.\nAs soon as practicable after it is taken to have made the decision, the board must refund the registration fee paid by the applicant.\nThe board need not give an applicant an information notice for a decision taken to have been made under this section.\ns 58 amd 2009 No. 24 s 919\n(sec.58-ssec.1) The board is taken to have decided to refuse to grant the application if— unless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or the board— under section 55 , required the applicant to give the board further information or a document; and fails to decide the application within 40 business days after receiving the information or document.\n(sec.58-ssec.2) As soon as practicable after it is taken to have made the decision, the board must refund the registration fee paid by the applicant.\n(sec.58-ssec.3) The board need not give an applicant an information notice for a decision taken to have been made under this section.\n- (a) unless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or\n- (b) the board— (i) under section 55 , required the applicant to give the board further information or a document; and (ii) fails to decide the application within 40 business days after receiving the information or document.\n- (i) under section 55 , required the applicant to give the board further information or a document; and\n- (ii) fails to decide the application within 40 business days after receiving the information or document.\n- (i) under section 55 , required the applicant to give the board further information or a document; and\n- (ii) fails to decide the application within 40 business days after receiving the information or document.","sortOrder":71},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Restoring expired registrations and registration endorsements","content":"## Restoring expired registrations and registration endorsements","sortOrder":72},{"sectionNumber":"sec.59","sectionType":"section","heading":"When application to restore registration or registration endorsement may be made","content":"### sec.59 When application to restore registration or registration endorsement may be made\n\nIf a person’s registration or registration endorsement has expired, the person may, within 3 months after the expiry, apply to the board for restoration of the registration or registration endorsement.\nDespite subsection (1) , the board may accept an application for restoration of a registration or registration endorsement made more than 3 months after the expiry if the board is satisfied it would be reasonable in all the circumstances to accept the application.\n(sec.59-ssec.1) If a person’s registration or registration endorsement has expired, the person may, within 3 months after the expiry, apply to the board for restoration of the registration or registration endorsement.\n(sec.59-ssec.2) Despite subsection (1) , the board may accept an application for restoration of a registration or registration endorsement made more than 3 months after the expiry if the board is satisfied it would be reasonable in all the circumstances to accept the application.","sortOrder":73},{"sectionNumber":"sec.60","sectionType":"section","heading":"Procedural requirements for applications to restore registration or registration endorsement","content":"### sec.60 Procedural requirements for applications to restore registration or registration endorsement\n\nThe application must—\nbe in the approved form; and\nbe accompanied by—\nthe fee prescribed under a regulation; and\nany documents, identified in the approved form, the board reasonably requires to decide the application.\nInformation in the application must, if the approved form requires, be verified by a statutory declaration.\n(sec.60-ssec.1) The application must— be in the approved form; and be accompanied by— the fee prescribed under a regulation; and any documents, identified in the approved form, the board reasonably requires to decide the application.\n(sec.60-ssec.2) Information in the application must, if the approved form requires, be verified by a statutory declaration.\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) the fee prescribed under a regulation; and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application.\n- (i) the fee prescribed under a regulation; and\n- (ii) any documents, identified in the approved form, the board reasonably requires to decide the application.\n- (i) the fee prescribed under a regulation; and\n- (ii) any documents, identified in the approved form, the board reasonably requires to decide the application.","sortOrder":74},{"sectionNumber":"sec.61","sectionType":"section","heading":"Previous conditions continue for expired registration or registration endorsement","content":"### sec.61 Previous conditions continue for expired registration or registration endorsement\n\nIf the board decides to restore the applicant’s registration or registration endorsement, it is subject to the conditions attaching to it immediately before its expiry.","sortOrder":75},{"sectionNumber":"sec.62","sectionType":"section","heading":"How division 4 applies for applying to restore registration or registration endorsement","content":"### sec.62 How division 4 applies for applying to restore registration or registration endorsement\n\nFor restoring a registration or registration endorsement, division 4 , other than section 54 (2) (a) , applies as if—\nan application for renewal of a registration or registration endorsement were an application for restoration of a registration or registration endorsement; and\nan applicant for renewal of a registration or registration endorsement were an applicant for restoration of a registration or registration endorsement; and\na renewal of a registration or registration endorsement were a restoration of a registration or registration endorsement.\n- (a) an application for renewal of a registration or registration endorsement were an application for restoration of a registration or registration endorsement; and\n- (b) an applicant for renewal of a registration or registration endorsement were an applicant for restoration of a registration or registration endorsement; and\n- (c) a renewal of a registration or registration endorsement were a restoration of a registration or registration endorsement.","sortOrder":76},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Amending, suspending, cancelling and surrendering registrations and registration endorsements","content":"## Amending, suspending, cancelling and surrendering registrations and registration endorsements","sortOrder":77},{"sectionNumber":"sec.63","sectionType":"section","heading":"Amending, suspending or cancelling registration or registration endorsement","content":"### sec.63 Amending, suspending or cancelling registration or registration endorsement\n\nThe board may amend, suspend or cancel a registration or registration endorsement if—\nthe board reasonably believes—\nthe registration or registration endorsement was obtained because of incorrect or misleading information; or\nthe registrant has contravened a disciplinary condition of registration; or\nthe registrant is no longer eligible for the registration; or\nthe registrant is convicted of an offence against this Act or the repealed Act.\nAlso—\nif the registrant’s equivalent registration under a corresponding law is suspended, the board may amend or suspend the registrant’s registration or registration endorsement; or\nif the registrant’s equivalent registration under a corresponding law is cancelled, the board may amend, suspend or cancel the registrant’s registration or registration endorsement; or\nif the registrant fails to pay an amount that is payable by the registrant to the board under section 91 (5) or 119 (3) , the board may suspend the registrant’s registration or registration endorsement until the amount is paid.\nIn addition, the board may amend a registration or registration endorsement at the request of the registrant.\ns 63 amd 2004 No. 33 s 29\n(sec.63-ssec.1) The board may amend, suspend or cancel a registration or registration endorsement if— the board reasonably believes— the registration or registration endorsement was obtained because of incorrect or misleading information; or the registrant has contravened a disciplinary condition of registration; or the registrant is no longer eligible for the registration; or the registrant is convicted of an offence against this Act or the repealed Act.\n(sec.63-ssec.2) Also— if the registrant’s equivalent registration under a corresponding law is suspended, the board may amend or suspend the registrant’s registration or registration endorsement; or if the registrant’s equivalent registration under a corresponding law is cancelled, the board may amend, suspend or cancel the registrant’s registration or registration endorsement; or if the registrant fails to pay an amount that is payable by the registrant to the board under section 91 (5) or 119 (3) , the board may suspend the registrant’s registration or registration endorsement until the amount is paid.\n(sec.63-ssec.3) In addition, the board may amend a registration or registration endorsement at the request of the registrant.\n- (a) the board reasonably believes— (i) the registration or registration endorsement was obtained because of incorrect or misleading information; or (ii) the registrant has contravened a disciplinary condition of registration; or (iii) the registrant is no longer eligible for the registration; or\n- (i) the registration or registration endorsement was obtained because of incorrect or misleading information; or\n- (ii) the registrant has contravened a disciplinary condition of registration; or\n- (iii) the registrant is no longer eligible for the registration; or\n- (b) the registrant is convicted of an offence against this Act or the repealed Act.\n- (i) the registration or registration endorsement was obtained because of incorrect or misleading information; or\n- (ii) the registrant has contravened a disciplinary condition of registration; or\n- (iii) the registrant is no longer eligible for the registration; or\n- (a) if the registrant’s equivalent registration under a corresponding law is suspended, the board may amend or suspend the registrant’s registration or registration endorsement; or\n- (b) if the registrant’s equivalent registration under a corresponding law is cancelled, the board may amend, suspend or cancel the registrant’s registration or registration endorsement; or\n- (c) if the registrant fails to pay an amount that is payable by the registrant to the board under section 91 (5) or 119 (3) , the board may suspend the registrant’s registration or registration endorsement until the amount is paid.","sortOrder":78},{"sectionNumber":"sec.64","sectionType":"section","heading":"Procedure for amendment, suspension or cancellation","content":"### sec.64 Procedure for amendment, suspension or cancellation\n\nIf the board reasonably believes it is necessary or desirable to amend, suspend or cancel a registration or registration endorsement (the proposed action ), other than at the request of the registrant, the board must give the registrant a written notice that states each of the following—\nthe proposed action; and\nthe ground for the proposed action; and\nan outline of the facts and circumstances forming the basis for the ground; and\nif the proposed action is amendment of the registration or registration endorsement—the proposed amendment; and\nif the proposed action is suspension of the registration or registration endorsement—the proposed suspension period; and\nan invitation to show, within a stated period of at least 20 business days, why the proposed action should not be taken.\nIf, after considering all written representations made within the stated period, the board still considers the ground to take the proposed action exists, the board may—\nif the proposed action was to amend the registration or registration endorsement—amend it in the way stated in the notice; or\nif the proposed action was to suspend the registration or registration endorsement for a specified period—suspend it for not longer than the proposed suspension period; or\nif the proposed action was to cancel the registration or registration endorsement—either cancel it or suspend it for a period.\nThe board must inform the registrant of the decision by written notice.\nIf the board decides to amend, suspend or cancel the registration or registration endorsement, the notice must be an information notice.\nA decision to amend, suspend or cancel the registration takes effect on the later of—\nthe day when the information notice is given to the registrant; or\nthe day of effect stated in the information notice.\nThe effect of an amendment does not depend on the amendment being noted on the registration certificate.\n(sec.64-ssec.1) If the board reasonably believes it is necessary or desirable to amend, suspend or cancel a registration or registration endorsement (the proposed action ), other than at the request of the registrant, the board must give the registrant a written notice that states each of the following— the proposed action; and the ground for the proposed action; and an outline of the facts and circumstances forming the basis for the ground; and if the proposed action is amendment of the registration or registration endorsement—the proposed amendment; and if the proposed action is suspension of the registration or registration endorsement—the proposed suspension period; and an invitation to show, within a stated period of at least 20 business days, why the proposed action should not be taken.\n(sec.64-ssec.2) If, after considering all written representations made within the stated period, the board still considers the ground to take the proposed action exists, the board may— if the proposed action was to amend the registration or registration endorsement—amend it in the way stated in the notice; or if the proposed action was to suspend the registration or registration endorsement for a specified period—suspend it for not longer than the proposed suspension period; or if the proposed action was to cancel the registration or registration endorsement—either cancel it or suspend it for a period.\n(sec.64-ssec.3) The board must inform the registrant of the decision by written notice.\n(sec.64-ssec.4) If the board decides to amend, suspend or cancel the registration or registration endorsement, the notice must be an information notice.\n(sec.64-ssec.5) A decision to amend, suspend or cancel the registration takes effect on the later of— the day when the information notice is given to the registrant; or the day of effect stated in the information notice.\n(sec.64-ssec.6) The effect of an amendment does not depend on the amendment being noted on the registration certificate.\n- (a) the proposed action; and\n- (b) the ground for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the ground; and\n- (d) if the proposed action is amendment of the registration or registration endorsement—the proposed amendment; and\n- (e) if the proposed action is suspension of the registration or registration endorsement—the proposed suspension period; and\n- (f) an invitation to show, within a stated period of at least 20 business days, why the proposed action should not be taken.\n- (a) if the proposed action was to amend the registration or registration endorsement—amend it in the way stated in the notice; or\n- (b) if the proposed action was to suspend the registration or registration endorsement for a specified period—suspend it for not longer than the proposed suspension period; or\n- (c) if the proposed action was to cancel the registration or registration endorsement—either cancel it or suspend it for a period.\n- (a) the day when the information notice is given to the registrant; or\n- (b) the day of effect stated in the information notice.","sortOrder":79},{"sectionNumber":"sec.65","sectionType":"section","heading":"Effect of suspension on renewal","content":"### sec.65 Effect of suspension on renewal\n\nIf a registration or registration endorsement is suspended, it may be renewed but continues to be suspended until the end of the suspension period.","sortOrder":80},{"sectionNumber":"sec.66","sectionType":"section","heading":"Returning registration certificate on cancellation of registration or registration endorsement","content":"### sec.66 Returning registration certificate on cancellation of registration or registration endorsement\n\nIf the board cancels a person’s registration or registration endorsement, the person must, within 10 business days after receiving an information notice about the cancellation, return the person’s registration certificate to the board, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.","sortOrder":81},{"sectionNumber":"sec.67","sectionType":"section","heading":"Surrendering registration or registration endorsement","content":"### sec.67 Surrendering registration or registration endorsement\n\nA registrant may surrender the person’s registration or registration endorsement by returning the registration certificate and giving written notice of surrender to the board.","sortOrder":82},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Register","content":"## Register","sortOrder":83},{"sectionNumber":"sec.68","sectionType":"section","heading":"Register","content":"### sec.68 Register\n\nThe board must keep a register for surveyors, surveying graduates, surveying associates and emeritus surveyors.\nA register may be kept in the way the board considers appropriate, including, for example, in an electronic form.\nA register must contain the particulars prescribed under a regulation and may include other particulars decided by the board.\nA person may—\nfree of charge, inspect the information contained in the publicly available part of a register at the board’s office during normal business hours; and\nThe board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.\non payment of any fee decided by the board, obtain a copy of the information from the board.\nA registrant’s address may be contained in the publicly available part of a register only with the registrant’s written consent.\nThe board may publish details contained in the publicly available part of a register at the times and in the way decided by the board.\n(sec.68-ssec.1) The board must keep a register for surveyors, surveying graduates, surveying associates and emeritus surveyors.\n(sec.68-ssec.2) A register may be kept in the way the board considers appropriate, including, for example, in an electronic form.\n(sec.68-ssec.3) A register must contain the particulars prescribed under a regulation and may include other particulars decided by the board.\n(sec.68-ssec.4) A person may— free of charge, inspect the information contained in the publicly available part of a register at the board’s office during normal business hours; and The board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill. on payment of any fee decided by the board, obtain a copy of the information from the board.\n(sec.68-ssec.5) A registrant’s address may be contained in the publicly available part of a register only with the registrant’s written consent.\n(sec.68-ssec.6) The board may publish details contained in the publicly available part of a register at the times and in the way decided by the board.\n- (a) free of charge, inspect the information contained in the publicly available part of a register at the board’s office during normal business hours; and Editor’s note— The board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.\n- (b) on payment of any fee decided by the board, obtain a copy of the information from the board.","sortOrder":84},{"sectionNumber":"pt.3-div.8","sectionType":"division","heading":"Offences about registrations, registration endorsements and registers","content":"## Offences about registrations, registration endorsements and registers","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"False or misleading information given by applicant","content":"### sec.69 False or misleading information given by applicant\n\nA person, in making an application for registration or a registration endorsement, must not state anything to the board that the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":86},{"sectionNumber":"sec.70","sectionType":"section","heading":"False or misleading documents given by applicant","content":"### sec.70 False or misleading documents given by applicant\n\nA person, in making an application for registration or a registration endorsement, must not give the board a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person who, when giving the document—\ninforms the board, to the best of the person’s ability, how it is false or misleading; and\ngives the correct information to the board if the person has, or can reasonably obtain, the correct information.\n(sec.70-ssec.1) A person, in making an application for registration or a registration endorsement, must not give the board a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.70-ssec.2) Subsection (1) does not apply to a person who, when giving the document— informs the board, to the best of the person’s ability, how it is false or misleading; and gives the correct information to the board if the person has, or can reasonably obtain, the correct information.\n- (a) informs the board, to the best of the person’s ability, how it is false or misleading; and\n- (b) gives the correct information to the board if the person has, or can reasonably obtain, the correct information.","sortOrder":87},{"sectionNumber":"sec.71","sectionType":"section","heading":"Offences about register","content":"### sec.71 Offences about register\n\nA person must not, without a reasonable excuse—\nmake, cause to be made, or agree to the making of, a false or misleading entry in a register; or\nproduce or tender in evidence a document falsely purporting to be—\na document, or a copy of an extract from an document, given to the board under this part; or\na copy of, or extract from, an entry in a register.\nMaximum penalty—50 penalty units.\n- (a) make, cause to be made, or agree to the making of, a false or misleading entry in a register; or\n- (b) produce or tender in evidence a document falsely purporting to be— (i) a document, or a copy of an extract from an document, given to the board under this part; or (ii) a copy of, or extract from, an entry in a register.\n- (i) a document, or a copy of an extract from an document, given to the board under this part; or\n- (ii) a copy of, or extract from, an entry in a register.\n- (i) a document, or a copy of an extract from an document, given to the board under this part; or\n- (ii) a copy of, or extract from, an entry in a register.","sortOrder":88},{"sectionNumber":"sec.72","sectionType":"section","heading":"Notice of change in circumstances","content":"### sec.72 Notice of change in circumstances\n\nWithin 20 business days after a change in a registrant’s circumstances prescribed under a regulation, the registrant must give the board written particulars of the change.\nMaximum penalty—20 penalty units.\nIn this section—\nchange , in a registrant’s circumstances—\nmeans a change affecting the registrant’s registration or details contained in the relevant register; but\ndoes not include a change in the business name under which the registrant carries on a business providing surveying services.\n(sec.72-ssec.1) Within 20 business days after a change in a registrant’s circumstances prescribed under a regulation, the registrant must give the board written particulars of the change. Maximum penalty—20 penalty units.\n(sec.72-ssec.2) In this section— change , in a registrant’s circumstances— means a change affecting the registrant’s registration or details contained in the relevant register; but does not include a change in the business name under which the registrant carries on a business providing surveying services.\n- (a) means a change affecting the registrant’s registration or details contained in the relevant register; but\n- (b) does not include a change in the business name under which the registrant carries on a business providing surveying services.","sortOrder":89},{"sectionNumber":"sec.73","sectionType":"section","heading":"Claims by persons as to registration","content":"### sec.73 Claims by persons as to registration\n\nA person who is not a registrant must not claim to hold, or hold himself or herself out as holding, a registration or registration endorsement.\nMaximum penalty—100 penalty units.\nA registrant must not falsely claim to hold—\na registration or registration endorsement; or\nif disciplinary conditions have been imposed on the registrant’s registration, a registration without the conditions.\nMaximum penalty—100 penalty units.\nA person does not contravene subsection (1) or (2) merely because the person carries out a survey.\n(sec.73-ssec.1) A person who is not a registrant must not claim to hold, or hold himself or herself out as holding, a registration or registration endorsement. Maximum penalty—100 penalty units.\n(sec.73-ssec.2) A registrant must not falsely claim to hold— a registration or registration endorsement; or if disciplinary conditions have been imposed on the registrant’s registration, a registration without the conditions. Maximum penalty—100 penalty units.\n(sec.73-ssec.3) A person does not contravene subsection (1) or (2) merely because the person carries out a survey.\n- (a) a registration or registration endorsement; or\n- (b) if disciplinary conditions have been imposed on the registrant’s registration, a registration without the conditions.","sortOrder":90},{"sectionNumber":"sec.74","sectionType":"section","heading":"Claims by persons as to other persons’ registration","content":"### sec.74 Claims by persons as to other persons’ registration\n\nA person must not hold out another person as holding a registration or registration endorsement if the person knows, or ought reasonably to know, the other person does not hold the registration or registration endorsement.\nMaximum penalty—100 penalty units.\nA person carrying on a business providing surveying services must not hold out that an employee of the person is registered if the person knows the employee is not registered.","sortOrder":91},{"sectionNumber":"sec.75","sectionType":"section","heading":"Carrying out cadastral surveys","content":"### sec.75 Carrying out cadastral surveys\n\nA person who is not a registrant must not carry out a cadastral survey.\nMaximum penalty—100 penalty units.\nA person who is a registrant must not carry out a cadastral survey if the person is not a cadastral surveyor.\nMaximum penalty—100 penalty units.\nHowever, a person does not commit an offence against subsection (2) if—\nthe person carries out the cadastral survey under the supervision of a cadastral surveyor; and\nthe level of supervision by the cadastral surveyor complies with a guideline mentioned in section 188A (2) (a) .\nIn this section—\nregistrant does not include an emeritus surveyor.\ns 75 amd 2007 No. 19 s 213\nsub 2019 No. 17 s 76\n(sec.75-ssec.1) A person who is not a registrant must not carry out a cadastral survey. Maximum penalty—100 penalty units.\n(sec.75-ssec.2) A person who is a registrant must not carry out a cadastral survey if the person is not a cadastral surveyor. Maximum penalty—100 penalty units.\n(sec.75-ssec.3) However, a person does not commit an offence against subsection (2) if— the person carries out the cadastral survey under the supervision of a cadastral surveyor; and the level of supervision by the cadastral surveyor complies with a guideline mentioned in section 188A (2) (a) .\n(sec.75-ssec.4) In this section— registrant does not include an emeritus surveyor.\n- (a) the person carries out the cadastral survey under the supervision of a cadastral surveyor; and\n- (b) the level of supervision by the cadastral surveyor complies with a guideline mentioned in section 188A (2) (a) .","sortOrder":92},{"sectionNumber":"sec.76","sectionType":"section","heading":"Carrying on a business providing cadastral surveying services","content":"### sec.76 Carrying on a business providing cadastral surveying services\n\nA person who is not a consulting cadastral surveyor must not carry on a business providing services relating to carrying out cadastral surveys.\nMaximum penalty—50 penalty units.\nA person who is not a consulting cadastral surveyor must not charge a fee for carrying out a cadastral survey.\nMaximum penalty—50 penalty units.\ns 76 sub 2019 No. 17 s 76\n(sec.76-ssec.1) A person who is not a consulting cadastral surveyor must not carry on a business providing services relating to carrying out cadastral surveys. Maximum penalty—50 penalty units.\n(sec.76-ssec.2) A person who is not a consulting cadastral surveyor must not charge a fee for carrying out a cadastral survey. Maximum penalty—50 penalty units.","sortOrder":93},{"sectionNumber":"sec.77","sectionType":"section","heading":"Compliance with disciplinary conditions","content":"### sec.77 Compliance with disciplinary conditions\n\nA registrant must comply with any disciplinary conditions of the registrant’s registration.\nMaximum penalty—50 penalty units.","sortOrder":94},{"sectionNumber":"pt.3-div.9","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":95},{"sectionNumber":"sec.78","sectionType":"section","heading":"Replacement or duplication of registration certificate","content":"### sec.78 Replacement or duplication of registration certificate\n\nA registrant may apply to the board for a replacement or duplicate registration certificate.\nThe application must be—\nmade in the approved form; and\naccompanied by the fee prescribed under a regulation.\n(sec.78-ssec.1) A registrant may apply to the board for a replacement or duplicate registration certificate.\n(sec.78-ssec.2) The application must be— made in the approved form; and accompanied by the fee prescribed under a regulation.\n- (a) made in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":96},{"sectionNumber":"pt.4","sectionType":"part","heading":"Obligations of registrants and other persons","content":"# Obligations of registrants and other persons","sortOrder":97},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":98},{"sectionNumber":"sec.79","sectionType":"section","heading":"Notification of business name","content":"### sec.79 Notification of business name\n\nA registrant, before carrying on a business providing surveying services under a business name other than the registrant’s own name, must give the board written notice of the business name.\nMaximum penalty—20 penalty units.\nSubsection (1) applies whether or not the business name is—\nregistered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or\nheld under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or\nheld under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.\nSee also the Business Names Registration Act 2011 (Cwlth) , section 18 (Offence—carrying on a business under an unregistered business name).\nWithin 10 business days after changing the business name notified under subsection (1) , the registrant must give the board written notice of the change.\nMaximum penalty, for an individual or corporation—10 penalty units.\ns 79 amd 2011 No. 34 s 31 sch 1\n(sec.79-ssec.1) A registrant, before carrying on a business providing surveying services under a business name other than the registrant’s own name, must give the board written notice of the business name. Maximum penalty—20 penalty units.\n(sec.79-ssec.2) Subsection (1) applies whether or not the business name is— registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or held under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5. See also the Business Names Registration Act 2011 (Cwlth) , section 18 (Offence—carrying on a business under an unregistered business name).\n(sec.79-ssec.3) Within 10 business days after changing the business name notified under subsection (1) , the registrant must give the board written notice of the change. Maximum penalty, for an individual or corporation—10 penalty units.\n- (a) registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth) , section 22 ; or\n- (b) held under the Business Names Registration Act 2011 (Cwlth) , section 54 ; or\n- (c) held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth) , schedule 1 , item 5.","sortOrder":99},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Code of practice and other matters about professional conduct","content":"## Code of practice and other matters about professional conduct","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Board must develop a code of practice","content":"### sec.80 Board must develop a code of practice\n\nThe board must develop a written code of practice to provide guidance to registrants about appropriate professional conduct.\nIn developing or amending the code, the board must consult with each of the following—\nthe chief executive;\nentities considered by the board as representing the interests of surveyors in the State;\nuniversities and training institutions—\nestablished in Queensland; and\nengaged in the education of students for the profession;\nany other entity the Minister directs the board to consult with.\nSubsection (2) does not limit the entities the board may consult with in developing or amending the code.\nThe board must regularly review the code.\nThe code of practice is a statutory instrument, but is not subordinate legislation.\n(sec.80-ssec.1) The board must develop a written code of practice to provide guidance to registrants about appropriate professional conduct.\n(sec.80-ssec.2) In developing or amending the code, the board must consult with each of the following— the chief executive; entities considered by the board as representing the interests of surveyors in the State; universities and training institutions— established in Queensland; and engaged in the education of students for the profession; any other entity the Minister directs the board to consult with.\n(sec.80-ssec.3) Subsection (2) does not limit the entities the board may consult with in developing or amending the code.\n(sec.80-ssec.4) The board must regularly review the code.\n(sec.80-ssec.5) The code of practice is a statutory instrument, but is not subordinate legislation.\n- (a) the chief executive;\n- (b) entities considered by the board as representing the interests of surveyors in the State;\n- (c) universities and training institutions— (i) established in Queensland; and (ii) engaged in the education of students for the profession;\n- (i) established in Queensland; and\n- (ii) engaged in the education of students for the profession;\n- (d) any other entity the Minister directs the board to consult with.\n- (i) established in Queensland; and\n- (ii) engaged in the education of students for the profession;","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"When code of practice has effect","content":"### sec.81 When code of practice has effect\n\nThe code of practice, or an amendment of it, has no effect until it is approved by the Minister by gazette notice.\nThe gazette notice is not subordinate legislation.\n(sec.81-ssec.1) The code of practice, or an amendment of it, has no effect until it is approved by the Minister by gazette notice.\n(sec.81-ssec.2) The gazette notice is not subordinate legislation.","sortOrder":102},{"sectionNumber":"sec.82","sectionType":"section","heading":"Inspection and notification of code","content":"### sec.82 Inspection and notification of code\n\nThe board must—\npublish the code of practice on the board’s website on the internet; and\nThe board’s website on the internet is <www.surveyorsboard.com.au>.\nkeep copies of the code open for inspection at the board’s office by members of the public during ordinary office hours.\nThe board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.\nAlso, the board must ensure registrants are notified of the approval of the code and any amendment of it.\n(sec.82-ssec.1) The board must— publish the code of practice on the board’s website on the internet; and The board’s website on the internet is <www.surveyorsboard.com.au>. keep copies of the code open for inspection at the board’s office by members of the public during ordinary office hours. The board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.\n(sec.82-ssec.2) Also, the board must ensure registrants are notified of the approval of the code and any amendment of it.\n- (a) publish the code of practice on the board’s website on the internet; and Editor’s note— The board’s website on the internet is <www.surveyorsboard.com.au>.\n- (b) keep copies of the code open for inspection at the board’s office by members of the public during ordinary office hours. Editor’s note— The board’s office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill.","sortOrder":103},{"sectionNumber":"sec.83","sectionType":"section","heading":"Use of code of practice in disciplinary proceedings","content":"### sec.83 Use of code of practice in disciplinary proceedings\n\nThe code of practice is admissible as evidence in disciplinary proceedings brought by the board against a registrant.\nHowever, the code may only be used to provide evidence of appropriate professional conduct or practice for the registrant.\nSubsection (2) does not prevent a matter not dealt with in the code being a matter about which disciplinary proceedings may be brought against a registrant.\n(sec.83-ssec.1) The code of practice is admissible as evidence in disciplinary proceedings brought by the board against a registrant.\n(sec.83-ssec.2) However, the code may only be used to provide evidence of appropriate professional conduct or practice for the registrant.\n(sec.83-ssec.3) Subsection (2) does not prevent a matter not dealt with in the code being a matter about which disciplinary proceedings may be brought against a registrant.","sortOrder":104},{"sectionNumber":"sec.84","sectionType":"section","heading":"Certificates etc. not to be false or misleading","content":"### sec.84 Certificates etc. not to be false or misleading\n\nA registrant must not, in the registrant’s professional capacity, sign or give to another person a certificate, notice, report or other document the registrant knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":105},{"sectionNumber":"pt.5","sectionType":"part","heading":"Complaints and investigations about registrants’ professional conduct","content":"# Complaints and investigations about registrants’ professional conduct","sortOrder":106},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Complaints and investigation","content":"## Complaints and investigation","sortOrder":107},{"sectionNumber":"sec.85","sectionType":"section","heading":"Complaints about registrant’s professional conduct","content":"### sec.85 Complaints about registrant’s professional conduct\n\nA person who is aggrieved by a registrant’s conduct in carrying out, or in relation to, a survey may make a written complaint about the conduct to the board.\nThe board may reject the complaint if it reasonably believes the complaint is frivolous, vexatious or trivial.\nIf the chief executive of the department in which the Survey and Mapping Infrastructure Act 2003 is administered reasonably believes a surveyor has not complied with the survey standards under that Act or the repealed Act, the chief executive may refer the matter to the board.\ns 85 amd 2004 No. 33 s 30\n(sec.85-ssec.1) A person who is aggrieved by a registrant’s conduct in carrying out, or in relation to, a survey may make a written complaint about the conduct to the board.\n(sec.85-ssec.2) The board may reject the complaint if it reasonably believes the complaint is frivolous, vexatious or trivial.\n(sec.85-ssec.3) If the chief executive of the department in which the Survey and Mapping Infrastructure Act 2003 is administered reasonably believes a surveyor has not complied with the survey standards under that Act or the repealed Act, the chief executive may refer the matter to the board.","sortOrder":108},{"sectionNumber":"sec.86","sectionType":"section","heading":"Board’s power to deal with matter without investigation of the registrant’s professional conduct","content":"### sec.86 Board’s power to deal with matter without investigation of the registrant’s professional conduct\n\nThis section applies if the board reasonably suspects a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant.\nThe board, by written notice given to the registrant, may ask the registrant to attend before the board or 1 or more of its members acting for the board to give information, answer questions or produce a document the board reasonably requires to decide—\nwhether the board, without authorising an investigation of the registrant’s professional conduct, can satisfactorily deal with the matter by—\ncautioning, advising or reprimanding the registrant; or\nwith the consent of the registrant, requiring the registrant, at the registrant’s expense—\nto correct a survey to which the matter relates; or\nto undergo appropriate training, or competency assessment under part 3 , division 2 ; or\nwhether to authorise an investigation of the registrant’s professional conduct.\nThe board may, but is not required to, ask the chief executive for any information or document relevant to helping the board decide whether to make a request under subsection (2) .\nIf the board makes the request, the registrant is not required to comply with it.\nIf the registrant complies with the request, the registrant is not required to give information, answer a question or produce a document, if giving the information, answering the question or producing the document might tend to incriminate the registrant.\nIf the registrant complies with the request and the board decides it can satisfactorily deal with the matter in a way stated in subsection (2) (a) , it may deal with the matter in the stated way.\n(sec.86-ssec.1) This section applies if the board reasonably suspects a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant.\n(sec.86-ssec.2) The board, by written notice given to the registrant, may ask the registrant to attend before the board or 1 or more of its members acting for the board to give information, answer questions or produce a document the board reasonably requires to decide— whether the board, without authorising an investigation of the registrant’s professional conduct, can satisfactorily deal with the matter by— cautioning, advising or reprimanding the registrant; or with the consent of the registrant, requiring the registrant, at the registrant’s expense— to correct a survey to which the matter relates; or to undergo appropriate training, or competency assessment under part 3 , division 2 ; or whether to authorise an investigation of the registrant’s professional conduct.\n(sec.86-ssec.3) The board may, but is not required to, ask the chief executive for any information or document relevant to helping the board decide whether to make a request under subsection (2) .\n(sec.86-ssec.4) If the board makes the request, the registrant is not required to comply with it.\n(sec.86-ssec.5) If the registrant complies with the request, the registrant is not required to give information, answer a question or produce a document, if giving the information, answering the question or producing the document might tend to incriminate the registrant.\n(sec.86-ssec.6) If the registrant complies with the request and the board decides it can satisfactorily deal with the matter in a way stated in subsection (2) (a) , it may deal with the matter in the stated way.\n- (a) whether the board, without authorising an investigation of the registrant’s professional conduct, can satisfactorily deal with the matter by— (i) cautioning, advising or reprimanding the registrant; or (ii) with the consent of the registrant, requiring the registrant, at the registrant’s expense— (A) to correct a survey to which the matter relates; or (B) to undergo appropriate training, or competency assessment under part 3 , division 2 ; or\n- (i) cautioning, advising or reprimanding the registrant; or\n- (ii) with the consent of the registrant, requiring the registrant, at the registrant’s expense— (A) to correct a survey to which the matter relates; or (B) to undergo appropriate training, or competency assessment under part 3 , division 2 ; or\n- (A) to correct a survey to which the matter relates; or\n- (B) to undergo appropriate training, or competency assessment under part 3 , division 2 ; or\n- (b) whether to authorise an investigation of the registrant’s professional conduct.\n- (i) cautioning, advising or reprimanding the registrant; or\n- (ii) with the consent of the registrant, requiring the registrant, at the registrant’s expense— (A) to correct a survey to which the matter relates; or (B) to undergo appropriate training, or competency assessment under part 3 , division 2 ; or\n- (A) to correct a survey to which the matter relates; or\n- (B) to undergo appropriate training, or competency assessment under part 3 , division 2 ; or\n- (A) to correct a survey to which the matter relates; or\n- (B) to undergo appropriate training, or competency assessment under part 3 , division 2 ; or","sortOrder":109},{"sectionNumber":"sec.87","sectionType":"section","heading":"Board may authorise investigation of registrant’s professional conduct","content":"### sec.87 Board may authorise investigation of registrant’s professional conduct\n\nThis section applies if—\nthe board reasonably believes a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant’s professional conduct; or\nthe registrant has not complied with a request made under section 86 (2) .\nThe board may—\ndeal with the matter in a way mentioned in section 86 (2) (a) ; or\nauthorise an investigation of the registrant’s professional conduct.\n(sec.87-ssec.1) This section applies if— the board reasonably believes a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant’s professional conduct; or the registrant has not complied with a request made under section 86 (2) .\n(sec.87-ssec.2) The board may— deal with the matter in a way mentioned in section 86 (2) (a) ; or authorise an investigation of the registrant’s professional conduct.\n- (a) the board reasonably believes a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant’s professional conduct; or\n- (b) the registrant has not complied with a request made under section 86 (2) .\n- (a) deal with the matter in a way mentioned in section 86 (2) (a) ; or\n- (b) authorise an investigation of the registrant’s professional conduct.","sortOrder":110},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Action following investigation","content":"## Action following investigation","sortOrder":111},{"sectionNumber":"sec.88","sectionType":"section","heading":"Investigator’s report about investigation","content":"### sec.88 Investigator’s report about investigation\n\nAs soon as practicable after completing an investigation of a registrant’s professional conduct, the investigator must give the board a written report about the investigation.","sortOrder":112},{"sectionNumber":"sec.89","sectionType":"section","heading":"Board’s decision on investigation","content":"### sec.89 Board’s decision on investigation\n\nThis section applies if, after considering the report, the board reasonably believes the registrant has engaged in professional misconduct.\nThe board, as it considers appropriate in the circumstances, may decide—\nto deal with the matter in a way mentioned in section 86 (2) (a) ; or\nto refer the matter to either—\na panel comprising the board or 4 or more of its members (a professional conduct review panel ) for dealing with the matter under section 91 ; or\nQCAT for dealing with the matter under part 6 .\nIn making a decision under subsection (2) , the board must have regard to each of the following—\nthe purposes of this Act and, in particular, the purpose mentioned in section 3 (1) (a) ;\nthe seriousness of the matter reported on.\nIn deciding the professional conduct review panel for subsection (2) (b) (i) , the board must have regard to the nature of the matter investigated and the qualifications and experience of the members constituting the panel.\nA referral under subsection (2) (b) (ii) must be made as provided under the QCAT Act .\ns 89 amd 2009 No. 24 s 920\n(sec.89-ssec.1) This section applies if, after considering the report, the board reasonably believes the registrant has engaged in professional misconduct.\n(sec.89-ssec.2) The board, as it considers appropriate in the circumstances, may decide— to deal with the matter in a way mentioned in section 86 (2) (a) ; or to refer the matter to either— a panel comprising the board or 4 or more of its members (a professional conduct review panel ) for dealing with the matter under section 91 ; or QCAT for dealing with the matter under part 6 .\n(sec.89-ssec.3) In making a decision under subsection (2) , the board must have regard to each of the following— the purposes of this Act and, in particular, the purpose mentioned in section 3 (1) (a) ; the seriousness of the matter reported on.\n(sec.89-ssec.4) In deciding the professional conduct review panel for subsection (2) (b) (i) , the board must have regard to the nature of the matter investigated and the qualifications and experience of the members constituting the panel.\n(sec.89-ssec.5) A referral under subsection (2) (b) (ii) must be made as provided under the QCAT Act .\n- (a) to deal with the matter in a way mentioned in section 86 (2) (a) ; or\n- (b) to refer the matter to either— (i) a panel comprising the board or 4 or more of its members (a professional conduct review panel ) for dealing with the matter under section 91 ; or (ii) QCAT for dealing with the matter under part 6 .\n- (i) a panel comprising the board or 4 or more of its members (a professional conduct review panel ) for dealing with the matter under section 91 ; or\n- (ii) QCAT for dealing with the matter under part 6 .\n- (i) a panel comprising the board or 4 or more of its members (a professional conduct review panel ) for dealing with the matter under section 91 ; or\n- (ii) QCAT for dealing with the matter under part 6 .\n- (a) the purposes of this Act and, in particular, the purpose mentioned in section 3 (1) (a) ;\n- (b) the seriousness of the matter reported on.","sortOrder":113},{"sectionNumber":"sec.90","sectionType":"section","heading":"Board’s notice, and implementation, of its decision on investigation","content":"### sec.90 Board’s notice, and implementation, of its decision on investigation\n\nAs soon as practicable after deciding to refer the matter to a professional conduct review panel, the board must—\ngive written notice of the decision to—\nthe registrant; and\nif the investigation was the result of a complaint, the complainant; and\nrefer the matter to a professional conduct review panel.\n- (a) give written notice of the decision to— (i) the registrant; and (ii) if the investigation was the result of a complaint, the complainant; and\n- (i) the registrant; and\n- (ii) if the investigation was the result of a complaint, the complainant; and\n- (b) refer the matter to a professional conduct review panel.\n- (i) the registrant; and\n- (ii) if the investigation was the result of a complaint, the complainant; and","sortOrder":114},{"sectionNumber":"sec.91","sectionType":"section","heading":"Disciplinary action by professional conduct review panel","content":"### sec.91 Disciplinary action by professional conduct review panel\n\nA professional conduct review panel to whom the board has referred a matter about a registrant must decide, having regard to the circumstances of the case and seriousness of the matter—\nwhether any disciplinary action should be taken against the registrant; and\nwhat disciplinary action mentioned in subsection (3) to take.\nThe panel must decide the matter in the way the panel considers appropriate, but must observe natural justice.\nThe panel may decide to do 1 or more of the following—\nnot take any disciplinary action against the registrant;\ncaution or reprimand the registrant;\nrequire the registrant, at the registrant’s expense—\nto correct a survey to which the matter relates within the reasonable period stated in the requirement; or\nto undergo appropriate training, or competency assessment under part 3 , division 2 ;\norder the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units.\nIn addition to taking any disciplinary action, the panel may order the registrant to pay to the board the amount of the costs of and incidental to the proceeding, including the cost of the investigation that preceded the proceeding.\nAn amount ordered to be paid under subsection (3) (d) or (4) is a debt payable by the registrant to the board.\nAs soon as practicable after making its decision, the panel must give written notice of the decision and the reasons for the decision to—\nthe registrant; and\nif the investigation was the result of a complaint, the complainant.\nIf the panel makes a decision under subsection (3) (c) (i) or (d) or orders the registrant to pay an amount under subsection (4) , the notice must be an information notice.\n(sec.91-ssec.1) A professional conduct review panel to whom the board has referred a matter about a registrant must decide, having regard to the circumstances of the case and seriousness of the matter— whether any disciplinary action should be taken against the registrant; and what disciplinary action mentioned in subsection (3) to take.\n(sec.91-ssec.2) The panel must decide the matter in the way the panel considers appropriate, but must observe natural justice.\n(sec.91-ssec.3) The panel may decide to do 1 or more of the following— not take any disciplinary action against the registrant; caution or reprimand the registrant; require the registrant, at the registrant’s expense— to correct a survey to which the matter relates within the reasonable period stated in the requirement; or to undergo appropriate training, or competency assessment under part 3 , division 2 ; order the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units.\n(sec.91-ssec.4) In addition to taking any disciplinary action, the panel may order the registrant to pay to the board the amount of the costs of and incidental to the proceeding, including the cost of the investigation that preceded the proceeding.\n(sec.91-ssec.5) An amount ordered to be paid under subsection (3) (d) or (4) is a debt payable by the registrant to the board.\n(sec.91-ssec.6) As soon as practicable after making its decision, the panel must give written notice of the decision and the reasons for the decision to— the registrant; and if the investigation was the result of a complaint, the complainant.\n(sec.91-ssec.7) If the panel makes a decision under subsection (3) (c) (i) or (d) or orders the registrant to pay an amount under subsection (4) , the notice must be an information notice.\n- (a) whether any disciplinary action should be taken against the registrant; and\n- (b) what disciplinary action mentioned in subsection (3) to take.\n- (a) not take any disciplinary action against the registrant;\n- (b) caution or reprimand the registrant;\n- (c) require the registrant, at the registrant’s expense— (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or (ii) to undergo appropriate training, or competency assessment under part 3 , division 2 ;\n- (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or\n- (ii) to undergo appropriate training, or competency assessment under part 3 , division 2 ;\n- (d) order the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units.\n- (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or\n- (ii) to undergo appropriate training, or competency assessment under part 3 , division 2 ;\n- (a) the registrant; and\n- (b) if the investigation was the result of a complaint, the complainant.","sortOrder":115},{"sectionNumber":"sec.92","sectionType":"section","heading":"Protection against self-incrimination","content":"### sec.92 Protection against self-incrimination\n\nA registrant is not required to produce to a professional conduct review panel a document or thing, or to answer a question asked by the panel, if producing the document or thing or answering the question might tend to incriminate the registrant.","sortOrder":116},{"sectionNumber":"sec.93","sectionType":"section","heading":"Disciplinary action by disciplinary committee","content":"### sec.93 Disciplinary action by disciplinary committee\n\ns 93 om 2009 No. 24 s 921","sortOrder":117},{"sectionNumber":"pt.6","sectionType":"part","heading":"Disciplinary proceedings by QCAT","content":"# Disciplinary proceedings by QCAT","sortOrder":118},{"sectionNumber":"sec.94","sectionType":"section","heading":"Jurisdiction of QCAT","content":"### sec.94 Jurisdiction of QCAT\n\nQCAT has jurisdiction to hear and decide disciplinary proceedings referred by the board under section 89 (2) (b) (ii) .\ns 94 sub 2009 No. 24 s 923","sortOrder":119},{"sectionNumber":"sec.95","sectionType":"section","heading":null,"content":"### Section sec.95\n\ns 95 om 2009 No. 24 s 923","sortOrder":120},{"sectionNumber":"sec.96","sectionType":"section","heading":null,"content":"### Section sec.96\n\ns 96 om 2009 No. 24 s 923","sortOrder":121},{"sectionNumber":"sec.97","sectionType":"section","heading":null,"content":"### Section sec.97\n\ns 97 om 2009 No. 24 s 923","sortOrder":122},{"sectionNumber":"sec.98","sectionType":"section","heading":null,"content":"### Section sec.98\n\ns 98 om 2009 No. 24 s 923","sortOrder":123},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2009 No. 24 s 923","sortOrder":124},{"sectionNumber":"sec.100","sectionType":"section","heading":null,"content":"### Section sec.100\n\ns 100 om 2009 No. 24 s 923","sortOrder":125},{"sectionNumber":"sec.101","sectionType":"section","heading":null,"content":"### Section sec.101\n\ns 101 om 2009 No. 24 s 923","sortOrder":126},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2009 No. 24 s 923","sortOrder":127},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 om 2009 No. 24 s 923","sortOrder":128},{"sectionNumber":"sec.104","sectionType":"section","heading":null,"content":"### Section sec.104\n\ns 104 om 2009 No. 24 s 923","sortOrder":129},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2009 No. 24 s 923","sortOrder":130},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2009 No. 24 s 923","sortOrder":131},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2009 No. 24 s 923","sortOrder":132},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 om 2009 No. 24 s 923","sortOrder":133},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 om 2009 No. 24 s 923","sortOrder":134},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 om 2009 No. 24 s 923","sortOrder":135},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 om 2009 No. 24 s 923","sortOrder":136},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2009 No. 24 s 923","sortOrder":137},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2009 No. 24 s 923","sortOrder":138},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 om 2009 No. 24 s 923","sortOrder":139},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2009 No. 24 s 923","sortOrder":140},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2009 No. 24 s 923","sortOrder":141},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2009 No. 24 s 923","sortOrder":142},{"sectionNumber":"sec.118","sectionType":"section","heading":"Decision about whether ground for disciplinary action is established","content":"### sec.118 Decision about whether ground for disciplinary action is established\n\nIn making a decision about whether a registrant has engaged in professional misconduct, QCAT must have regard to—\nthe code of practice; and\nany relevant survey standard or survey guideline made under the Survey and Mapping Infrastructure Act 2003 ; and\nany relevant previous decision by a disciplinary body of which QCAT is aware.\nSubsection (1) does not limit the matters QCAT may consider in making its decision.\ns 118 amd 2009 No. 24 s 925\n(sec.118-ssec.1) In making a decision about whether a registrant has engaged in professional misconduct, QCAT must have regard to— the code of practice; and any relevant survey standard or survey guideline made under the Survey and Mapping Infrastructure Act 2003 ; and any relevant previous decision by a disciplinary body of which QCAT is aware.\n(sec.118-ssec.2) Subsection (1) does not limit the matters QCAT may consider in making its decision.\n- (a) the code of practice; and\n- (b) any relevant survey standard or survey guideline made under the Survey and Mapping Infrastructure Act 2003 ; and\n- (c) any relevant previous decision by a disciplinary body of which QCAT is aware.","sortOrder":143},{"sectionNumber":"sec.119","sectionType":"section","heading":"Decision about disciplinary action against registrant, other than former registrant","content":"### sec.119 Decision about disciplinary action against registrant, other than former registrant\n\nThis section does not apply to a former registrant.\nIf QCAT decides the registrant has engaged in professional misconduct, QCAT may do all or any of the following—\nadvise, caution or reprimand the registrant;\norder the registrant to do either or both of the following—\npay to the board a fine of an amount not more than the equivalent of 200 penalty units;\ncorrect, at the registrant’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\nimpose conditions on the registrant’s registration, including, for example, a condition requiring the registrant—\nnot to carry out a particular type of survey until the registrant satisfies the board the registrant has the relevant competency for the type of survey; or\nto restrict the registrant’s surveying practice to carrying out a particular type of survey, until the registrant satisfies the board the registrant has the relevant competency for other types of survey; or\nto carry out surveys under supervision; or\nto report to the board, within a stated reasonable time and in a stated reasonable way, about the registrant’s compliance with conditions imposed by QCAT;\nsuspend the registrant’s registration or registration endorsement for not more than 3 years;\ncancel the registrant’s registration or registration endorsement;\nif QCAT cancels the registrant’s registration, set conditions under which the registrant may re-apply for registration;\norder the registrant—\nto do anything else QCAT considers appropriate; or\nto refrain from doing anything QCAT considers inappropriate.\nAn amount ordered to be paid under subsection (2) (b) (i) is a debt payable by the registrant to the board.\ns 119 amd 2009 No. 24 s 926\n(sec.119-ssec.1) This section does not apply to a former registrant.\n(sec.119-ssec.2) If QCAT decides the registrant has engaged in professional misconduct, QCAT may do all or any of the following— advise, caution or reprimand the registrant; order the registrant to do either or both of the following— pay to the board a fine of an amount not more than the equivalent of 200 penalty units; correct, at the registrant’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective; impose conditions on the registrant’s registration, including, for example, a condition requiring the registrant— not to carry out a particular type of survey until the registrant satisfies the board the registrant has the relevant competency for the type of survey; or to restrict the registrant’s surveying practice to carrying out a particular type of survey, until the registrant satisfies the board the registrant has the relevant competency for other types of survey; or to carry out surveys under supervision; or to report to the board, within a stated reasonable time and in a stated reasonable way, about the registrant’s compliance with conditions imposed by QCAT; suspend the registrant’s registration or registration endorsement for not more than 3 years; cancel the registrant’s registration or registration endorsement; if QCAT cancels the registrant’s registration, set conditions under which the registrant may re-apply for registration; order the registrant— to do anything else QCAT considers appropriate; or to refrain from doing anything QCAT considers inappropriate.\n(sec.119-ssec.3) An amount ordered to be paid under subsection (2) (b) (i) is a debt payable by the registrant to the board.\n- (a) advise, caution or reprimand the registrant;\n- (b) order the registrant to do either or both of the following— (i) pay to the board a fine of an amount not more than the equivalent of 200 penalty units; (ii) correct, at the registrant’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (i) pay to the board a fine of an amount not more than the equivalent of 200 penalty units;\n- (ii) correct, at the registrant’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (c) impose conditions on the registrant’s registration, including, for example, a condition requiring the registrant— (i) not to carry out a particular type of survey until the registrant satisfies the board the registrant has the relevant competency for the type of survey; or (ii) to restrict the registrant’s surveying practice to carrying out a particular type of survey, until the registrant satisfies the board the registrant has the relevant competency for other types of survey; or (iii) to carry out surveys under supervision; or (iv) to report to the board, within a stated reasonable time and in a stated reasonable way, about the registrant’s compliance with conditions imposed by QCAT;\n- (i) not to carry out a particular type of survey until the registrant satisfies the board the registrant has the relevant competency for the type of survey; or\n- (ii) to restrict the registrant’s surveying practice to carrying out a particular type of survey, until the registrant satisfies the board the registrant has the relevant competency for other types of survey; or\n- (iii) to carry out surveys under supervision; or\n- (iv) to report to the board, within a stated reasonable time and in a stated reasonable way, about the registrant’s compliance with conditions imposed by QCAT;\n- (d) suspend the registrant’s registration or registration endorsement for not more than 3 years;\n- (e) cancel the registrant’s registration or registration endorsement;\n- (f) if QCAT cancels the registrant’s registration, set conditions under which the registrant may re-apply for registration;\n- (g) order the registrant— (i) to do anything else QCAT considers appropriate; or (ii) to refrain from doing anything QCAT considers inappropriate.\n- (i) to do anything else QCAT considers appropriate; or\n- (ii) to refrain from doing anything QCAT considers inappropriate.\n- (i) pay to the board a fine of an amount not more than the equivalent of 200 penalty units;\n- (ii) correct, at the registrant’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (i) not to carry out a particular type of survey until the registrant satisfies the board the registrant has the relevant competency for the type of survey; or\n- (ii) to restrict the registrant’s surveying practice to carrying out a particular type of survey, until the registrant satisfies the board the registrant has the relevant competency for other types of survey; or\n- (iii) to carry out surveys under supervision; or\n- (iv) to report to the board, within a stated reasonable time and in a stated reasonable way, about the registrant’s compliance with conditions imposed by QCAT;\n- (i) to do anything else QCAT considers appropriate; or\n- (ii) to refrain from doing anything QCAT considers inappropriate.","sortOrder":144},{"sectionNumber":"sec.120","sectionType":"section","heading":"Decision about disciplinary action against former registrant","content":"### sec.120 Decision about disciplinary action against former registrant\n\nThis section applies only to a former registrant.\nIf QCAT decides the person has engaged in professional misconduct, QCAT may—\ntake no further action relating to the matter; or\ndo all or any of the following—\norder the person to do either or both of the following—\nto pay to the board a fine of an amount not more than the equivalent of 200 penalty units;\nto correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\nstate that another form of disciplinary action mentioned in section 119 (2) would have been taken if the person were registered;\nset conditions that must be imposed on any future registration of the person as a registrant.\nIf QCAT states under subsection (2) (b) (ii) that if the person were currently registered it would have cancelled the person’s registration, QCAT must also decide the period during which the person must not again be registered by the board.\nAn amount ordered to be paid under subsection (2) (b) (i) (A) is a debt payable by the person to the board.\ns 120 amd 2009 No. 24 s 927\n(sec.120-ssec.1) This section applies only to a former registrant.\n(sec.120-ssec.2) If QCAT decides the person has engaged in professional misconduct, QCAT may— take no further action relating to the matter; or do all or any of the following— order the person to do either or both of the following— to pay to the board a fine of an amount not more than the equivalent of 200 penalty units; to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective; state that another form of disciplinary action mentioned in section 119 (2) would have been taken if the person were registered; set conditions that must be imposed on any future registration of the person as a registrant.\n(sec.120-ssec.3) If QCAT states under subsection (2) (b) (ii) that if the person were currently registered it would have cancelled the person’s registration, QCAT must also decide the period during which the person must not again be registered by the board.\n(sec.120-ssec.4) An amount ordered to be paid under subsection (2) (b) (i) (A) is a debt payable by the person to the board.\n- (a) take no further action relating to the matter; or\n- (b) do all or any of the following— (i) order the person to do either or both of the following— (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units; (B) to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective; (ii) state that another form of disciplinary action mentioned in section 119 (2) would have been taken if the person were registered; (iii) set conditions that must be imposed on any future registration of the person as a registrant.\n- (i) order the person to do either or both of the following— (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units; (B) to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units;\n- (B) to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (ii) state that another form of disciplinary action mentioned in section 119 (2) would have been taken if the person were registered;\n- (iii) set conditions that must be imposed on any future registration of the person as a registrant.\n- (i) order the person to do either or both of the following— (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units; (B) to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units;\n- (B) to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;\n- (ii) state that another form of disciplinary action mentioned in section 119 (2) would have been taken if the person were registered;\n- (iii) set conditions that must be imposed on any future registration of the person as a registrant.\n- (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units;\n- (B) to correct, at the person’s expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective;","sortOrder":145},{"sectionNumber":"sec.121","sectionType":"section","heading":"Matters QCAT must consider in making decision about disciplinary action","content":"### sec.121 Matters QCAT must consider in making decision about disciplinary action\n\nIn making a decision under section 119 or 120 , QCAT must have regard to—\nthe purposes of this Act stated in section 3 (1) ; and\nany relevant previous decisions, of which QCAT is aware, about the registrant by another disciplinary body.\nFor having regard to a decision mentioned in subsection (1) (b) , QCAT is entitled to access the decision and the reasons for it.\nSubsection (1) does not limit the matters QCAT may consider in making its decision.\ns 121 amd 2009 No. 24 s 928\n(sec.121-ssec.1) In making a decision under section 119 or 120 , QCAT must have regard to— the purposes of this Act stated in section 3 (1) ; and any relevant previous decisions, of which QCAT is aware, about the registrant by another disciplinary body.\n(sec.121-ssec.2) For having regard to a decision mentioned in subsection (1) (b) , QCAT is entitled to access the decision and the reasons for it.\n(sec.121-ssec.3) Subsection (1) does not limit the matters QCAT may consider in making its decision.\n- (a) the purposes of this Act stated in section 3 (1) ; and\n- (b) any relevant previous decisions, of which QCAT is aware, about the registrant by another disciplinary body.","sortOrder":146},{"sectionNumber":"sec.122","sectionType":"section","heading":"QCAT’s power to order costs","content":"### sec.122 QCAT’s power to order costs\n\nQCAT may make any order about costs it considers appropriate for the disciplinary proceedings.\nHowever, the costs allowable are only—\nthe costs that are allowable under the QCAT Act ; and\nthe cost to the board of the investigation, of the registrant’s professional conduct, that preceded the disciplinary proceedings.\nWithout limiting subsection (1) , in making a decision about an order for costs, QCAT—\nmust take into consideration the cost of any investigation mentioned in subsection (2) (b) ; and\nmust not take into consideration the amount of a fine, if any, imposed on the registrant in the proceedings.\ns 122 amd 2009 No. 24 s 929\n(sec.122-ssec.1) QCAT may make any order about costs it considers appropriate for the disciplinary proceedings.\n(sec.122-ssec.2) However, the costs allowable are only— the costs that are allowable under the QCAT Act ; and the cost to the board of the investigation, of the registrant’s professional conduct, that preceded the disciplinary proceedings.\n(sec.122-ssec.3) Without limiting subsection (1) , in making a decision about an order for costs, QCAT— must take into consideration the cost of any investigation mentioned in subsection (2) (b) ; and must not take into consideration the amount of a fine, if any, imposed on the registrant in the proceedings.\n- (a) the costs that are allowable under the QCAT Act ; and\n- (b) the cost to the board of the investigation, of the registrant’s professional conduct, that preceded the disciplinary proceedings.\n- (a) must take into consideration the cost of any investigation mentioned in subsection (2) (b) ; and\n- (b) must not take into consideration the amount of a fine, if any, imposed on the registrant in the proceedings.","sortOrder":147},{"sectionNumber":"sec.123","sectionType":"section","heading":"Notification of disciplinary committee’s decision","content":"### sec.123 Notification of disciplinary committee’s decision\n\ns 123 om 2009 No. 24 s 930","sortOrder":148},{"sectionNumber":"sec.124","sectionType":"section","heading":"Board may notify other persons","content":"### sec.124 Board may notify other persons\n\nAfter QCAT makes a decision about disciplinary proceedings against the registrant, subject to an order made by QCAT, the board may—\npublish the registrant’s identity and the nature and outcome of the proceedings, including, for example, on the board’s website or in the board’s annual report or a newsletter; and\nif the disciplinary proceedings relate to a complaint—by written notice advise the complainant of QCAT’s decision on the matter.\nThis section does not affect the board’s power to record in the relevant register details of any disciplinary conditions of a registration.\ns 124 amd 2009 No. 24 s 931\n(sec.124-ssec.1) After QCAT makes a decision about disciplinary proceedings against the registrant, subject to an order made by QCAT, the board may— publish the registrant’s identity and the nature and outcome of the proceedings, including, for example, on the board’s website or in the board’s annual report or a newsletter; and if the disciplinary proceedings relate to a complaint—by written notice advise the complainant of QCAT’s decision on the matter.\n(sec.124-ssec.2) This section does not affect the board’s power to record in the relevant register details of any disciplinary conditions of a registration.\n- (a) publish the registrant’s identity and the nature and outcome of the proceedings, including, for example, on the board’s website or in the board’s annual report or a newsletter; and\n- (b) if the disciplinary proceedings relate to a complaint—by written notice advise the complainant of QCAT’s decision on the matter.","sortOrder":149},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 om 2009 No. 24 s 932","sortOrder":150},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2009 No. 24 s 932","sortOrder":151},{"sectionNumber":"sec.127","sectionType":"section","heading":"Disciplinary action to be recorded in register","content":"### sec.127 Disciplinary action to be recorded in register\n\nThis section applies if QCAT decides the registrant has engaged in professional misconduct and decides to take disciplinary action against the registrant.\nAs soon as practicable after QCAT makes its decision about the disciplinary action, the board must record in the relevant register—\nfor a decision to impose disciplinary conditions on the registrant’s registration or registration endorsement—the details of the conditions; or\nfor a decision to suspend a registration or registration endorsement—the period for which it is suspended; or\nfor a decision to cancel a registration or registration endorsement—\nthe date it was cancelled; and\nany conditions imposed by QCAT on the registrant’s re-application for registration.\ns 127 amd 2009 No. 24 s 933\n(sec.127-ssec.1) This section applies if QCAT decides the registrant has engaged in professional misconduct and decides to take disciplinary action against the registrant.\n(sec.127-ssec.2) As soon as practicable after QCAT makes its decision about the disciplinary action, the board must record in the relevant register— for a decision to impose disciplinary conditions on the registrant’s registration or registration endorsement—the details of the conditions; or for a decision to suspend a registration or registration endorsement—the period for which it is suspended; or for a decision to cancel a registration or registration endorsement— the date it was cancelled; and any conditions imposed by QCAT on the registrant’s re-application for registration.\n- (a) for a decision to impose disciplinary conditions on the registrant’s registration or registration endorsement—the details of the conditions; or\n- (b) for a decision to suspend a registration or registration endorsement—the period for which it is suspended; or\n- (c) for a decision to cancel a registration or registration endorsement— (i) the date it was cancelled; and (ii) any conditions imposed by QCAT on the registrant’s re-application for registration.\n- (i) the date it was cancelled; and\n- (ii) any conditions imposed by QCAT on the registrant’s re-application for registration.\n- (i) the date it was cancelled; and\n- (ii) any conditions imposed by QCAT on the registrant’s re-application for registration.","sortOrder":152},{"sectionNumber":"pt.7","sectionType":"part","heading":"Investigators","content":"# Investigators","sortOrder":153},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Functions and powers generally","content":"## Functions and powers generally","sortOrder":154},{"sectionNumber":"sec.128","sectionType":"section","heading":"Functions of investigator","content":"### sec.128 Functions of investigator\n\nAn investigator has the functions of carrying out and reporting on the investigation for which the investigator is appointed.","sortOrder":155},{"sectionNumber":"sec.129","sectionType":"section","heading":"Powers of investigator","content":"### sec.129 Powers of investigator\n\nFor performing the investigator’s functions, an investigator has the powers given to the investigator under this Act.","sortOrder":156},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Appointment of investigators and other matters","content":"## Appointment of investigators and other matters","sortOrder":157},{"sectionNumber":"sec.130","sectionType":"section","heading":"Appointment","content":"### sec.130 Appointment\n\nThe board may appoint an appropriately qualified person as an investigator.\nHowever, the board may not appoint a member as an investigator.\nAn investigator is appointed on a case by case basis.\ns 130 amd 2019 No. 17 s 77\n(sec.130-ssec.1) The board may appoint an appropriately qualified person as an investigator.\n(sec.130-ssec.2) However, the board may not appoint a member as an investigator.\n(sec.130-ssec.3) An investigator is appointed on a case by case basis.","sortOrder":158},{"sectionNumber":"sec.131","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.131 Appointment conditions and limit on powers\n\nAn investigator holds office on the conditions stated in—\nthe investigator’s instrument of appointment; or\na signed notice given to the investigator.\nThe instrument of appointment or signed notice may limit the investigator’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the board.\n(sec.131-ssec.1) An investigator holds office on the conditions stated in— the investigator’s instrument of appointment; or a signed notice given to the investigator.\n(sec.131-ssec.2) The instrument of appointment or signed notice may limit the investigator’s powers under this Act.\n(sec.131-ssec.3) In this section— signed notice means a notice signed by the board.\n- (a) the investigator’s instrument of appointment; or\n- (b) a signed notice given to the investigator.","sortOrder":159},{"sectionNumber":"sec.132","sectionType":"section","heading":"Issue of identity card","content":"### sec.132 Issue of identity card\n\nThe board must give an identity card to each investigator.\nThe identity card must—\ncontain a recent photo of the investigator; and\ncontain a copy of the investigator’s signature; and\nidentify the person as an investigator under this Act.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.132-ssec.1) The board must give an identity card to each investigator.\n(sec.132-ssec.2) The identity card must— contain a recent photo of the investigator; and contain a copy of the investigator’s signature; and identify the person as an investigator under this Act.\n(sec.132-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the investigator; and\n- (b) contain a copy of the investigator’s signature; and\n- (c) identify the person as an investigator under this Act.","sortOrder":160},{"sectionNumber":"sec.133","sectionType":"section","heading":"Production or display of identity card","content":"### sec.133 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, an investigator must—\nproduce the investigator’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 139 (1) (b) or (2) .\n(sec.133-ssec.1) In exercising a power under this Act in relation to a person, an investigator must— produce the investigator’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.133-ssec.2) However, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.133-ssec.3) For subsection (1) , an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 139 (1) (b) or (2) .\n- (a) produce the investigator’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":161},{"sectionNumber":"sec.134","sectionType":"section","heading":"Resignation","content":"### sec.134 Resignation\n\nAn investigator may resign by signed notice of resignation given to the board.\nWithin 21 days after resigning, the investigator must give the board a written report about the investigation carried out by the investigator.\n(sec.134-ssec.1) An investigator may resign by signed notice of resignation given to the board.\n(sec.134-ssec.2) Within 21 days after resigning, the investigator must give the board a written report about the investigation carried out by the investigator.","sortOrder":162},{"sectionNumber":"sec.135","sectionType":"section","heading":"Return of identity card","content":"### sec.135 Return of identity card\n\nA person who ceases to be an investigator must return the person’s identity card to the board within 15 business days after ceasing to be an investigator, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":163},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Particular powers of investigators","content":"## Particular powers of investigators","sortOrder":164},{"sectionNumber":"sec.136","sectionType":"section","heading":"Power to require information or attendance","content":"### sec.136 Power to require information or attendance\n\nFor carrying out an investigation, an investigator may, by written notice given to a person, require the person—\nto give stated information to the investigator within a stated reasonable time and in a stated reasonable way; or\nto attend before the investigator at a stated reasonable time and place—\nto answer questions; or\nto produce a stated thing.\n- (a) to give stated information to the investigator within a stated reasonable time and in a stated reasonable way; or\n- (b) to attend before the investigator at a stated reasonable time and place— (i) to answer questions; or (ii) to produce a stated thing.\n- (i) to answer questions; or\n- (ii) to produce a stated thing.\n- (i) to answer questions; or\n- (ii) to produce a stated thing.","sortOrder":165},{"sectionNumber":"sec.137","sectionType":"section","heading":"Offences","content":"### sec.137 Offences\n\nA person required to give information to an investigator under section 136 must give the information as required by the notice, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA person given a notice to attend before an investigator must, unless the person has a reasonable excuse—\nattend as required by the notice; and\ncontinue to attend as required by the investigator until excused from further attendance; and\nanswer a question the person is required to answer by the investigator; and\nproduce a thing the person is required to produce by the notice.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for a person not to give information, answer a question or produce a stated thing, that giving the information, answering the question or producing the thing might tend to incriminate the person.\n(sec.137-ssec.1) A person required to give information to an investigator under section 136 must give the information as required by the notice, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.137-ssec.2) A person given a notice to attend before an investigator must, unless the person has a reasonable excuse— attend as required by the notice; and continue to attend as required by the investigator until excused from further attendance; and answer a question the person is required to answer by the investigator; and produce a thing the person is required to produce by the notice. Maximum penalty—50 penalty units.\n(sec.137-ssec.3) It is a reasonable excuse for a person not to give information, answer a question or produce a stated thing, that giving the information, answering the question or producing the thing might tend to incriminate the person.\n- (a) attend as required by the notice; and\n- (b) continue to attend as required by the investigator until excused from further attendance; and\n- (c) answer a question the person is required to answer by the investigator; and\n- (d) produce a thing the person is required to produce by the notice.","sortOrder":166},{"sectionNumber":"sec.138","sectionType":"section","heading":"Inspection of produced things","content":"### sec.138 Inspection of produced things\n\nIf a thing is produced to an investigator, whether under a notice under section 136 or otherwise, the investigator may inspect it.\nIf the investigator reasonably considers the thing may be relevant to the investigation being carried out by the investigator, the investigator may do all or any of the following—\nphotograph the thing;\nfor a document—make a copy of, or take an extract from it;\nkeep the thing while it is necessary for the investigation.\nIf the investigator keeps the thing, the investigator must allow a person otherwise entitled to possession of the thing—\nfor a document—to inspect, copy, or take an extract from, the document, at the reasonable time and place the investigator decides; or\nfor another thing—to inspect or photograph the thing, at the reasonable time and place the investigator decides.\n(sec.138-ssec.1) If a thing is produced to an investigator, whether under a notice under section 136 or otherwise, the investigator may inspect it.\n(sec.138-ssec.2) If the investigator reasonably considers the thing may be relevant to the investigation being carried out by the investigator, the investigator may do all or any of the following— photograph the thing; for a document—make a copy of, or take an extract from it; keep the thing while it is necessary for the investigation.\n(sec.138-ssec.3) If the investigator keeps the thing, the investigator must allow a person otherwise entitled to possession of the thing— for a document—to inspect, copy, or take an extract from, the document, at the reasonable time and place the investigator decides; or for another thing—to inspect or photograph the thing, at the reasonable time and place the investigator decides.\n- (a) photograph the thing;\n- (b) for a document—make a copy of, or take an extract from it;\n- (c) keep the thing while it is necessary for the investigation.\n- (a) for a document—to inspect, copy, or take an extract from, the document, at the reasonable time and place the investigator decides; or\n- (b) for another thing—to inspect or photograph the thing, at the reasonable time and place the investigator decides.","sortOrder":167},{"sectionNumber":"sec.139","sectionType":"section","heading":"Power to enter places","content":"### sec.139 Power to enter places\n\nAn investigator may enter a place for carrying out an investigation if—\nits occupier consents to the entry; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised by a warrant.\nFor the purpose of asking the occupier of a place for consent to enter, an investigator may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n(sec.139-ssec.1) An investigator may enter a place for carrying out an investigation if— its occupier consents to the entry; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised by a warrant.\n(sec.139-ssec.2) For the purpose of asking the occupier of a place for consent to enter, an investigator may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) its occupier consents to the entry; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised by a warrant.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":168},{"sectionNumber":"sec.140","sectionType":"section","heading":"Entry with consent","content":"### sec.140 Entry with consent\n\nThis section applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 139 (1) (a) .\nBefore asking for the consent, the investigator must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the investigator may ask the occupier to sign an acknowledgment of the consent.\nThe acknowledgment must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the investigator consent to enter the place and exercise powers under this division; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgment, the investigator must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding before a court or QCAT about whether the occupier of the place consented to the entry; and\nan acknowledgment mentioned in subsection (4) is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 140 amd 2009 No. 24 s 934\n(sec.140-ssec.1) This section applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 139 (1) (a) .\n(sec.140-ssec.2) Before asking for the consent, the investigator must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.140-ssec.3) If the consent is given, the investigator may ask the occupier to sign an acknowledgment of the consent.\n(sec.140-ssec.4) The acknowledgment must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the investigator consent to enter the place and exercise powers under this division; and the time and date the consent was given.\n(sec.140-ssec.5) If the occupier signs the acknowledgment, the investigator must immediately give a copy to the occupier.\n(sec.140-ssec.6) If— an issue arises in a proceeding before a court or QCAT about whether the occupier of the place consented to the entry; and an acknowledgment mentioned in subsection (4) is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the investigator consent to enter the place and exercise powers under this division; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding before a court or QCAT about whether the occupier of the place consented to the entry; and\n- (b) an acknowledgment mentioned in subsection (4) is not produced in evidence;","sortOrder":169},{"sectionNumber":"sec.141","sectionType":"section","heading":"Application for warrant","content":"### sec.141 Application for warrant\n\nAn investigator may apply to a magistrate for a warrant for a place.\nThe application must be sworn and state the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.141-ssec.1) An investigator may apply to a magistrate for a warrant for a place.\n(sec.141-ssec.2) The application must be sworn and state the grounds on which the warrant is sought.\n(sec.141-ssec.3) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.","sortOrder":170},{"sectionNumber":"sec.142","sectionType":"section","heading":"Issue of warrant","content":"### sec.142 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence about a disciplinary matter being investigated by the investigator; and\nthe evidence is at the place, or may be at the place within the next 7 days.\nThe warrant must state—\nthat a stated investigator may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the investigator’s powers under this division; and\nthe disciplinary matter for which the warrant is sought; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.142-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence about a disciplinary matter being investigated by the investigator; and the evidence is at the place, or may be at the place within the next 7 days.\n(sec.142-ssec.2) The warrant must state— that a stated investigator may, with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the investigator’s powers under this division; and the disciplinary matter for which the warrant is sought; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence about a disciplinary matter being investigated by the investigator; and\n- (b) the evidence is at the place, or may be at the place within the next 7 days.\n- (a) that a stated investigator may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the investigator’s powers under this division; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the investigator’s powers under this division; and\n- (b) the disciplinary matter for which the warrant is sought; and\n- (c) the evidence that may be seized under the warrant; and\n- (d) the hours of the day or night when the place may be entered; and\n- (e) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the investigator’s powers under this division; and","sortOrder":171},{"sectionNumber":"sec.143","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.143 Warrants—procedure before entry\n\nThis section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\nBefore entering the place, the investigator must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\ngive the person a copy of the warrant;\ntell the person the investigator is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the investigator immediate entry to the place without using force.\nHowever, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.143-ssec.1) This section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\n(sec.143-ssec.2) Before entering the place, the investigator must do or make a reasonable attempt to do the following things— identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment; give the person a copy of the warrant; tell the person the investigator is permitted by the warrant to enter the place; give the person an opportunity to allow the investigator immediate entry to the place without using force.\n(sec.143-ssec.3) However, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n- (a) identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the investigator is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the investigator immediate entry to the place without using force.","sortOrder":172},{"sectionNumber":"sec.144","sectionType":"section","heading":"General powers after entering places","content":"### sec.144 General powers after entering places\n\nThis section applies to an investigator who enters a place under section 139 .\nHowever, if an investigator enters a place to get the occupier’s consent to enter premises, this section applies to the investigator only if the consent is given or the entry is otherwise authorised.\nFor monitoring and enforcing compliance with this Act, the investigator may do all or any of the following—\nsearch any part of the place;\ninspect, measure, test, photograph or film any part of the place or anything at the place;\ntake an extract from, or copy, a document at the place;\nif the investigator is a surveyor—carry out a survey;\nif the investigator is a surveyor—place survey marks on land;\ntake into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division;\nrequire the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (f) ;\nrequire the occupier of the place, or a person at the place, to give the investigator information to help the investigator ascertain whether this Act is being complied with.\nWhen making a requirement mentioned in subsection (3) (g) or (h) , the investigator must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\ns 144 amd 2019 No. 17 s 78\n(sec.144-ssec.1) This section applies to an investigator who enters a place under section 139 .\n(sec.144-ssec.2) However, if an investigator enters a place to get the occupier’s consent to enter premises, this section applies to the investigator only if the consent is given or the entry is otherwise authorised.\n(sec.144-ssec.3) For monitoring and enforcing compliance with this Act, the investigator may do all or any of the following— search any part of the place; inspect, measure, test, photograph or film any part of the place or anything at the place; take an extract from, or copy, a document at the place; if the investigator is a surveyor—carry out a survey; if the investigator is a surveyor—place survey marks on land; take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division; require the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (f) ; require the occupier of the place, or a person at the place, to give the investigator information to help the investigator ascertain whether this Act is being complied with.\n(sec.144-ssec.4) When making a requirement mentioned in subsection (3) (g) or (h) , the investigator must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.\n- (a) search any part of the place;\n- (b) inspect, measure, test, photograph or film any part of the place or anything at the place;\n- (c) take an extract from, or copy, a document at the place;\n- (d) if the investigator is a surveyor—carry out a survey;\n- (e) if the investigator is a surveyor—place survey marks on land;\n- (f) take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this division;\n- (g) require the occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (f) ;\n- (h) require the occupier of the place, or a person at the place, to give the investigator information to help the investigator ascertain whether this Act is being complied with.","sortOrder":173},{"sectionNumber":"sec.145","sectionType":"section","heading":"Failure to help investigator","content":"### sec.145 Failure to help investigator\n\nA person required to give reasonable help under section 144 (3) (g) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf an individual is required under section 144 (3) (g) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.145-ssec.1) A person required to give reasonable help under section 144 (3) (g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.145-ssec.2) If an individual is required under section 144 (3) (g) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":174},{"sectionNumber":"sec.146","sectionType":"section","heading":"Failure to give information","content":"### sec.146 Failure to give information\n\nA person of whom a requirement is made under section 144 (3) (h) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.\n(sec.146-ssec.1) A person of whom a requirement is made under section 144 (3) (h) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.146-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.","sortOrder":175},{"sectionNumber":"sec.147","sectionType":"section","heading":"Seizing evidence at public place if entry made when place open","content":"### sec.147 Seizing evidence at public place if entry made when place open\n\nAn investigator who enters a public place when the place is open to the public may seize a thing at the place if—\nthe investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and\nthe evidence provided by the thing can not otherwise be obtained from it.\nA theodolite may contain evidence that can be obtained from it by data download at the public place.\n- (a) the investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and\n- (b) the evidence provided by the thing can not otherwise be obtained from it.","sortOrder":176},{"sectionNumber":"sec.148","sectionType":"section","heading":"Seizing evidence at a place that may only be entered with consent or warrant","content":"### sec.148 Seizing evidence at a place that may only be entered with consent or warrant\n\nThis section applies if—\nan investigator is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and\nthe investigator enters the place after obtaining the necessary consent or warrant.\nIf the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if—\nthe investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and\nseizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\nIf the investigator enters the place with a warrant, the investigator may seize the evidence for which the warrant was issued.\nThe investigator also may seize anything else at the place if the investigator reasonably believes—\nthe thing is evidence that is relevant to the investigation; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\nHowever, the investigator must not seize a thing under this section if the evidence provided by the thing can otherwise be obtained from it.\n(sec.148-ssec.1) This section applies if— an investigator is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and the investigator enters the place after obtaining the necessary consent or warrant.\n(sec.148-ssec.2) If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if— the investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n(sec.148-ssec.3) If the investigator enters the place with a warrant, the investigator may seize the evidence for which the warrant was issued.\n(sec.148-ssec.4) The investigator also may seize anything else at the place if the investigator reasonably believes— the thing is evidence that is relevant to the investigation; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n(sec.148-ssec.5) However, the investigator must not seize a thing under this section if the evidence provided by the thing can otherwise be obtained from it.\n- (a) an investigator is authorised to enter a place under this division only with the consent of the occupier of the place or a warrant; and\n- (b) the investigator enters the place after obtaining the necessary consent or warrant.\n- (a) the investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and\n- (b) seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence that is relevant to the investigation; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":177},{"sectionNumber":"sec.149","sectionType":"section","heading":"Securing seized things","content":"### sec.149 Securing seized things\n\nHaving seized a thing, an investigator may—\nmove the thing from the place where it was seized (the place of seizure ); or\nleave the thing at the place of seizure but take reasonable action to restrict access to it.\nsealing a thing and marking it to show access to it is restricted\nsealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- (a) move the thing from the place where it was seized (the place of seizure ); or\n- (b) leave the thing at the place of seizure but take reasonable action to restrict access to it. Examples of restricting access to a thing— 1 sealing a thing and marking it to show access to it is restricted 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted\n- 1 sealing a thing and marking it to show access to it is restricted\n- 2 sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted","sortOrder":178},{"sectionNumber":"sec.150","sectionType":"section","heading":"Tampering with seized things","content":"### sec.150 Tampering with seized things\n\nIf an investigator restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without an investigator’s approval.\nMaximum penalty—50 penalty units.","sortOrder":179},{"sectionNumber":"sec.151","sectionType":"section","heading":"Receipt for seized things","content":"### sec.151 Receipt for seized things\n\nAs soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\nThe receipt must describe generally each thing seized and its condition.\nThis section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.\n(sec.151-ssec.1) As soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized.\n(sec.151-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.\n(sec.151-ssec.3) The receipt must describe generally each thing seized and its condition.\n(sec.151-ssec.4) This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.","sortOrder":180},{"sectionNumber":"sec.152","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.152 Forfeiture of seized things\n\nA thing that has been seized under this subdivision is forfeited to the board if the investigator who seized the thing—\ncan not find its owner, after making reasonable inquiries; or\ncan not return it to its owner, after making reasonable efforts.\nIn applying subsection (1) —\nsubsection (1) (a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and\nsubsection (1) (b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to a thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.152-ssec.1) A thing that has been seized under this subdivision is forfeited to the board if the investigator who seized the thing— can not find its owner, after making reasonable inquiries; or can not return it to its owner, after making reasonable efforts.\n(sec.152-ssec.2) In applying subsection (1) — subsection (1) (a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and subsection (1) (b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.152-ssec.3) Regard must be had to a thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) can not find its owner, after making reasonable inquiries; or\n- (b) can not return it to its owner, after making reasonable efforts.\n- (a) subsection (1) (a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and\n- (b) subsection (1) (b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":181},{"sectionNumber":"sec.153","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.153 Dealing with forfeited things\n\nOn the forfeiture of a thing to the board, the thing becomes the board’s property and may be dealt with by the board as the board considers appropriate.\nWithout limiting subsection (1) , the board may destroy or otherwise dispose of the thing.\n(sec.153-ssec.1) On the forfeiture of a thing to the board, the thing becomes the board’s property and may be dealt with by the board as the board considers appropriate.\n(sec.153-ssec.2) Without limiting subsection (1) , the board may destroy or otherwise dispose of the thing.","sortOrder":182},{"sectionNumber":"sec.154","sectionType":"section","heading":"Return of seized things","content":"### sec.154 Return of seized things\n\nIf a seized thing is not forfeited, the investigator must return it to its owner—\nat the end of 6 months; or\nif proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\nDespite subsection (1) , unless a thing that has been seized as evidence is forfeited, the investigator must immediately return it to its owner if the investigator stops being satisfied its continued retention as evidence is necessary.\n(sec.154-ssec.1) If a seized thing is not forfeited, the investigator must return it to its owner— at the end of 6 months; or if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\n(sec.154-ssec.2) Despite subsection (1) , unless a thing that has been seized as evidence is forfeited, the investigator must immediately return it to its owner if the investigator stops being satisfied its continued retention as evidence is necessary.\n- (a) at the end of 6 months; or\n- (b) if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.","sortOrder":183},{"sectionNumber":"sec.155","sectionType":"section","heading":"Access to seized things","content":"### sec.155 Access to seized things\n\nUntil a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.155-ssec.1) Until a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it.\n(sec.155-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.","sortOrder":184},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"General investigation matters","content":"## General investigation matters","sortOrder":185},{"sectionNumber":"sec.156","sectionType":"section","heading":"Investigator’s obligation not to cause unnecessary damage","content":"### sec.156 Investigator’s obligation not to cause unnecessary damage\n\nAn investigator must take all reasonable steps to ensure the investigator does not cause any unnecessary damage to property in exercising a power under division 3 .","sortOrder":186},{"sectionNumber":"sec.157","sectionType":"section","heading":"Notice of damage","content":"### sec.157 Notice of damage\n\nThis section applies if—\nan investigator damages property when exercising or purporting to exercise a power; or\na person (the other person ) acting under the direction of an investigator damages property.\nThe investigator must immediately give notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.\nIf the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator may state the belief in the notice.\nIf, for any reason, it is impracticable to comply with subsection (2) , the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\nThis section does not apply to damage the investigator reasonably believes is trivial.\nIn subsection (2) —\nowner , of property, includes the person in possession or control of it.\n(sec.157-ssec.1) This section applies if— an investigator damages property when exercising or purporting to exercise a power; or a person (the other person ) acting under the direction of an investigator damages property.\n(sec.157-ssec.2) The investigator must immediately give notice of particulars of the damage to the person who appears to the investigator to be the owner of the property.\n(sec.157-ssec.3) If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator may state the belief in the notice.\n(sec.157-ssec.4) If, for any reason, it is impracticable to comply with subsection (2) , the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.\n(sec.157-ssec.5) This section does not apply to damage the investigator reasonably believes is trivial.\n(sec.157-ssec.6) In subsection (2) — owner , of property, includes the person in possession or control of it.\n- (a) an investigator damages property when exercising or purporting to exercise a power; or\n- (b) a person (the other person ) acting under the direction of an investigator damages property.","sortOrder":187},{"sectionNumber":"sec.158","sectionType":"section","heading":"Compensation","content":"### sec.158 Compensation\n\nA person may claim compensation from the board if the person incurs loss or expense because of the exercise or purported exercise of a power under division 3 , subdivision 2 , 4 or 5 .\nWithout limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.\n(sec.158-ssec.1) A person may claim compensation from the board if the person incurs loss or expense because of the exercise or purported exercise of a power under division 3 , subdivision 2 , 4 or 5 .\n(sec.158-ssec.2) Without limiting subsection (1) , compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the subdivision.\n(sec.158-ssec.3) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.158-ssec.4) A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.","sortOrder":188},{"sectionNumber":"sec.159","sectionType":"section","heading":"False or misleading information given to investigator","content":"### sec.159 False or misleading information given to investigator\n\nA person must not state anything to an investigator the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.","sortOrder":189},{"sectionNumber":"sec.160","sectionType":"section","heading":"False or misleading documents given to investigator","content":"### sec.160 False or misleading documents given to investigator\n\nA person must not give an investigator a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply to a person if the person, when giving the document—\ntells the investigator, to the best of the person’s ability, how it is false or misleading; and\nif the person has, or can reasonably obtain, the correct information, gives the correct information.\n(sec.160-ssec.1) A person must not give an investigator a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units.\n(sec.160-ssec.2) Subsection (1) does not apply to a person if the person, when giving the document— tells the investigator, to the best of the person’s ability, how it is false or misleading; and if the person has, or can reasonably obtain, the correct information, gives the correct information.\n- (a) tells the investigator, to the best of the person’s ability, how it is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information, gives the correct information.","sortOrder":190},{"sectionNumber":"sec.161","sectionType":"section","heading":"Obstruction of investigator","content":"### sec.161 Obstruction of investigator\n\nA person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIf a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that—\nit is an offence to obstruct the investigator, unless the person has a reasonable excuse; and\nthe investigator considers the person’s conduct is an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.161-ssec.1) A person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.161-ssec.2) If a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that— it is an offence to obstruct the investigator, unless the person has a reasonable excuse; and the investigator considers the person’s conduct is an obstruction.\n(sec.161-ssec.3) In this section— obstruct includes hinder and attempt to obstruct or hinder.\n- (a) it is an offence to obstruct the investigator, unless the person has a reasonable excuse; and\n- (b) the investigator considers the person’s conduct is an obstruction.","sortOrder":191},{"sectionNumber":"sec.162","sectionType":"section","heading":"Impersonation of investigator","content":"### sec.162 Impersonation of investigator\n\nA person must not pretend to be an investigator.\nMaximum penalty—50 penalty units.","sortOrder":192},{"sectionNumber":"pt.8","sectionType":"part","heading":"Review of decisions by QCAT","content":"# Review of decisions by QCAT","sortOrder":193},{"sectionNumber":"sec.163","sectionType":"section","heading":"Who may apply for review","content":"### sec.163 Who may apply for review\n\nA person who is given, or is entitled to be given, an information notice for a decision under this Act may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nAlso, a person whose application the board is taken, under section 53 or 58 , to have decided to refuse to grant may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nSection 53 deals with applications for registrations and registration endorsements and section 58 deals with applications for renewal of registrations and registration endorsements.\ns 163 sub 2009 No. 24 s 935\n(sec.163-ssec.1) A person who is given, or is entitled to be given, an information notice for a decision under this Act may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.163-ssec.2) Also, a person whose application the board is taken, under section 53 or 58 , to have decided to refuse to grant may apply, as provided under the QCAT Act , to QCAT for a review of the decision. Section 53 deals with applications for registrations and registration endorsements and section 58 deals with applications for renewal of registrations and registration endorsements.","sortOrder":194},{"sectionNumber":"sec.164","sectionType":"section","heading":null,"content":"### Section sec.164\n\ns 164 om 2009 No. 24 s 935","sortOrder":195},{"sectionNumber":"sec.165","sectionType":"section","heading":null,"content":"### Section sec.165\n\ns 165 om 2009 No. 24 s 935","sortOrder":196},{"sectionNumber":"sec.166","sectionType":"section","heading":null,"content":"### Section sec.166\n\ns 166 om 2009 No. 24 s 935","sortOrder":197},{"sectionNumber":"sec.167","sectionType":"section","heading":null,"content":"### Section sec.167\n\ns 167 om 2009 No. 24 s 935","sortOrder":198},{"sectionNumber":"sec.168","sectionType":"section","heading":null,"content":"### Section sec.168\n\ns 168 om 2009 No. 24 s 935","sortOrder":199},{"sectionNumber":"pt.9","sectionType":"part","heading":null,"content":"","sortOrder":200},{"sectionNumber":"sec.169","sectionType":"section","heading":null,"content":"### Section sec.169\n\ns 169 om 2009 No. 24 s 935","sortOrder":201},{"sectionNumber":"sec.170","sectionType":"section","heading":null,"content":"### Section sec.170\n\ns 170 om 2009 No. 24 s 935","sortOrder":202},{"sectionNumber":"sec.171","sectionType":"section","heading":null,"content":"### Section sec.171\n\ns 171 om 2009 No. 24 s 935","sortOrder":203},{"sectionNumber":"sec.172","sectionType":"section","heading":null,"content":"### Section sec.172\n\ns 172 om 2009 No. 24 s 935","sortOrder":204},{"sectionNumber":"sec.173","sectionType":"section","heading":null,"content":"### Section sec.173\n\ns 173 om 2009 No. 24 s 935","sortOrder":205},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 om 2009 No. 24 s 935","sortOrder":206},{"sectionNumber":"sec.175","sectionType":"section","heading":null,"content":"### Section sec.175\n\ns 175 om 2009 No. 24 s 935","sortOrder":207},{"sectionNumber":"sec.176","sectionType":"section","heading":null,"content":"### Section sec.176\n\ns 176 om 2009 No. 24 s 935","sortOrder":208},{"sectionNumber":"pt.10","sectionType":"part","heading":"Legal proceedings","content":"# Legal proceedings","sortOrder":209},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":210},{"sectionNumber":"sec.177","sectionType":"section","heading":"Application of div 1","content":"### sec.177 Application of div 1\n\nThis division applies to a proceeding under this Act, including a proceeding before a disciplinary body.","sortOrder":211},{"sectionNumber":"sec.178","sectionType":"section","heading":"Appointments and authority","content":"### sec.178 Appointments and authority\n\nIt is not necessary to prove—\nthe appointment of any of the following entities—\nthe Minister;\nthe chief executive;\nthe chairperson or another board member;\nan investigator;\na disciplinary body or a member of a disciplinary body; or\nthe authority of any of the following entities to do anything under this Act—\nthe Minister;\nthe chief executive;\nthe board;\nthe chairperson or another board member;\nan investigator;\na disciplinary body or a member of a disciplinary body.\n- (a) the appointment of any of the following entities— (i) the Minister; (ii) the chief executive; (iii) the chairperson or another board member; (iv) an investigator; (v) a disciplinary body or a member of a disciplinary body; or\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) the chairperson or another board member;\n- (iv) an investigator;\n- (v) a disciplinary body or a member of a disciplinary body; or\n- (b) the authority of any of the following entities to do anything under this Act— (i) the Minister; (ii) the chief executive; (iii) the board; (iv) the chairperson or another board member; (v) an investigator; (vi) a disciplinary body or a member of a disciplinary body.\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) the board;\n- (iv) the chairperson or another board member;\n- (v) an investigator;\n- (vi) a disciplinary body or a member of a disciplinary body.\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) the chairperson or another board member;\n- (iv) an investigator;\n- (v) a disciplinary body or a member of a disciplinary body; or\n- (i) the Minister;\n- (ii) the chief executive;\n- (iii) the board;\n- (iv) the chairperson or another board member;\n- (v) an investigator;\n- (vi) a disciplinary body or a member of a disciplinary body.","sortOrder":212},{"sectionNumber":"sec.179","sectionType":"section","heading":"Signatures","content":"### sec.179 Signatures\n\nA signature purporting to be the signature of the Minister, the chief executive, the chairperson, a board member or an investigator, is evidence of the signature it purports to be.","sortOrder":213},{"sectionNumber":"sec.180","sectionType":"section","heading":"Evidentiary matters","content":"### sec.180 Evidentiary matters\n\nA certificate purporting to be signed by the chairperson and stating any of the following matters is evidence of the matter—\na stated document is 1 of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\nan order, direction, requirement or notice;\na registration certificate;\na record or an extract from a record;\na register or an extract from a register;\na stated document is the code of practice in force under this Act;\na stated document is another document kept under this Act;\na stated document is a copy of a thing mentioned in paragraph (a) , (b) or (c) ;\non a stated day, or during a stated period, a stated person was or was not a registrant;\non a stated day, or during a stated period, a registration or registration endorsement—\nwas or was not in force; or\nwas or was not subject to a stated disciplinary condition;\non a stated day, a registration or registration endorsement was cancelled;\non a stated day, or during a stated period, a registration or registration endorsement was suspended;\non a stated day, or during a stated period, an appointment as an investigator was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person;\na stated fee or other amount is payable by a stated person to the board and has not been paid.\n- (a) a stated document is 1 of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) an order, direction, requirement or notice; (iii) a registration certificate; (iv) a record or an extract from a record; (v) a register or an extract from a register;\n- (i) an appointment, approval or decision;\n- (ii) an order, direction, requirement or notice;\n- (iii) a registration certificate;\n- (iv) a record or an extract from a record;\n- (v) a register or an extract from a register;\n- (b) a stated document is the code of practice in force under this Act;\n- (c) a stated document is another document kept under this Act;\n- (d) a stated document is a copy of a thing mentioned in paragraph (a) , (b) or (c) ;\n- (e) on a stated day, or during a stated period, a stated person was or was not a registrant;\n- (f) on a stated day, or during a stated period, a registration or registration endorsement— (i) was or was not in force; or (ii) was or was not subject to a stated disciplinary condition;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated disciplinary condition;\n- (g) on a stated day, a registration or registration endorsement was cancelled;\n- (h) on a stated day, or during a stated period, a registration or registration endorsement was suspended;\n- (i) on a stated day, or during a stated period, an appointment as an investigator was, or was not, in force for a stated person;\n- (j) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (k) on a stated day, a stated requirement was made of a stated person;\n- (l) a stated fee or other amount is payable by a stated person to the board and has not been paid.\n- (i) an appointment, approval or decision;\n- (ii) an order, direction, requirement or notice;\n- (iii) a registration certificate;\n- (iv) a record or an extract from a record;\n- (v) a register or an extract from a register;\n- (i) was or was not in force; or\n- (ii) was or was not subject to a stated disciplinary condition;","sortOrder":214},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Proceedings","content":"## Proceedings","sortOrder":215},{"sectionNumber":"sec.181","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.181 Summary proceedings for offences\n\nProceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.181-ssec.1) Proceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886 .\n(sec.181-ssec.2) The proceeding must start— within 1 year after the commission of the offence; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":216},{"sectionNumber":"sec.182","sectionType":"section","heading":"Allegations of false or misleading information or documents","content":"### sec.182 Allegations of false or misleading information or documents\n\nIt is enough for a complaint for an offence against this Act involving false or misleading information, or a false or misleading document, to state the statement made, or document given, was ‘false or misleading’ to the person’s knowledge, without specifying which.","sortOrder":217},{"sectionNumber":"sec.183","sectionType":"section","heading":"Penalties to be paid to board","content":"### sec.183 Penalties to be paid to board\n\nAll penalties recovered as a result of proceedings for offences against this Act brought by the board must be ordered to be paid to the board.","sortOrder":218},{"sectionNumber":"sec.184","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.184 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind of a person includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.184-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.184-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.184-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.184-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind of a person includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":219},{"sectionNumber":"sec.185","sectionType":"section","heading":null,"content":"### Section sec.185\n\ns 185 om 2013 No. 51 s 194","sortOrder":220},{"sectionNumber":"pt.11","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":221},{"sectionNumber":"sec.186","sectionType":"section","heading":"Board’s power to decide fee for producing a copy of a document","content":"### sec.186 Board’s power to decide fee for producing a copy of a document\n\nThe fee decided by the board under section 40 (c) , 42 (2) (b) or 68 (4) (b) for producing a copy of a document must be not more than the board’s reasonable cost of producing the copy.","sortOrder":222},{"sectionNumber":"sec.187","sectionType":"section","heading":"Board may authorise investigation of compliance by persons, other than registrants, with Act","content":"### sec.187 Board may authorise investigation of compliance by persons, other than registrants, with Act\n\nIf the board reasonably suspects a person, other than a registrant or a registrant with the appropriate registration, has contravened section 73 , 74 , 75 or 76 , the board may authorise an investigation of the suspected contravention.","sortOrder":223},{"sectionNumber":"sec.188","sectionType":"section","heading":"Board’s power to correct work and recover costs","content":"### sec.188 Board’s power to correct work and recover costs\n\nThis section applies if—\na disciplinary body, under section 91 (3) (c) (i) , 119 (2) (b) (ii) or 120 (2) (b) (i) (B) , requires or orders a registrant or former registrant to correct a survey; and\nthe person fails to comply with the requirement or order—\nif the disciplinary body’s decision to make the requirement or order is stayed by a court on an appeal under this Act—as required by the decision of the court on the appeal; or\nif subparagraph (i) does not apply—within the period stated in the requirement or order.\nThe board may engage a surveyor to correct the survey.\nThe cost reasonably incurred by the board in engaging the surveyor and correcting the survey is a debt payable by the person to the board.\n(sec.188-ssec.1) This section applies if— a disciplinary body, under section 91 (3) (c) (i) , 119 (2) (b) (ii) or 120 (2) (b) (i) (B) , requires or orders a registrant or former registrant to correct a survey; and the person fails to comply with the requirement or order— if the disciplinary body’s decision to make the requirement or order is stayed by a court on an appeal under this Act—as required by the decision of the court on the appeal; or if subparagraph (i) does not apply—within the period stated in the requirement or order.\n(sec.188-ssec.2) The board may engage a surveyor to correct the survey.\n(sec.188-ssec.3) The cost reasonably incurred by the board in engaging the surveyor and correcting the survey is a debt payable by the person to the board.\n- (a) a disciplinary body, under section 91 (3) (c) (i) , 119 (2) (b) (ii) or 120 (2) (b) (i) (B) , requires or orders a registrant or former registrant to correct a survey; and\n- (b) the person fails to comply with the requirement or order— (i) if the disciplinary body’s decision to make the requirement or order is stayed by a court on an appeal under this Act—as required by the decision of the court on the appeal; or (ii) if subparagraph (i) does not apply—within the period stated in the requirement or order.\n- (i) if the disciplinary body’s decision to make the requirement or order is stayed by a court on an appeal under this Act—as required by the decision of the court on the appeal; or\n- (ii) if subparagraph (i) does not apply—within the period stated in the requirement or order.\n- (i) if the disciplinary body’s decision to make the requirement or order is stayed by a court on an appeal under this Act—as required by the decision of the court on the appeal; or\n- (ii) if subparagraph (i) does not apply—within the period stated in the requirement or order.","sortOrder":224},{"sectionNumber":"sec.188A","sectionType":"section","heading":"Board may make guidelines","content":"### sec.188A Board may make guidelines\n\nThe board may make guidelines to provide guidance to registrants about matters relating to the board’s functions under this Act.\nWithout limiting subsection (1) , a guideline may be about—\nin relation to a registrant carrying out a cadastral survey, the supervision the board considers necessary—\nto help ensure the survey’s survey quality; or\nto help the registrant gain a relevant competency for a registration or registration endorsement; or\nmatters that relate to the code of practice and may help registrants comply with the code.\nThe board must ensure registrants are notified of the making of a guideline and any amendment of it.\nThe board must publish each guideline, as in force from time to time, on the board’s web site on the internet.\ns 188A ins 2007 No. 19 s 214\n(sec.188A-ssec.1) The board may make guidelines to provide guidance to registrants about matters relating to the board’s functions under this Act.\n(sec.188A-ssec.2) Without limiting subsection (1) , a guideline may be about— in relation to a registrant carrying out a cadastral survey, the supervision the board considers necessary— to help ensure the survey’s survey quality; or to help the registrant gain a relevant competency for a registration or registration endorsement; or matters that relate to the code of practice and may help registrants comply with the code.\n(sec.188A-ssec.3) The board must ensure registrants are notified of the making of a guideline and any amendment of it.\n(sec.188A-ssec.4) The board must publish each guideline, as in force from time to time, on the board’s web site on the internet.\n- (a) in relation to a registrant carrying out a cadastral survey, the supervision the board considers necessary— (i) to help ensure the survey’s survey quality; or (ii) to help the registrant gain a relevant competency for a registration or registration endorsement; or\n- (i) to help ensure the survey’s survey quality; or\n- (ii) to help the registrant gain a relevant competency for a registration or registration endorsement; or\n- (b) matters that relate to the code of practice and may help registrants comply with the code.\n- (i) to help ensure the survey’s survey quality; or\n- (ii) to help the registrant gain a relevant competency for a registration or registration endorsement; or","sortOrder":225},{"sectionNumber":"sec.188B","sectionType":"section","heading":"Board may delegate functions to board members","content":"### sec.188B Board may delegate functions to board members\n\nThe board may delegate a function of the board to—\nan appropriately qualified member; or\nan appropriately qualified employee of the board.\nHowever, subsection (1) does not apply in relation to the following functions—\nthe establishment of a competency framework;\nthe accreditation of an entity for assessing the competency of persons under the competency frameworks;\ndeciding an application for registration as a surveyor, or registration endorsement, other than an application to which the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 applies;\ndeciding to monitor a registrant’s compliance with disciplinary conditions of registration;\nauthorising an investigation;\ndeciding to take disciplinary proceedings against a registrant;\ndeciding to refer a disciplinary matter, for hearing, to a professional conduct review panel or QCAT.\nIn this section—\nfunction includes a power.\ns 188B ins 2019 No. 17 s 79\n(sec.188B-ssec.1) The board may delegate a function of the board to— an appropriately qualified member; or an appropriately qualified employee of the board.\n(sec.188B-ssec.2) However, subsection (1) does not apply in relation to the following functions— the establishment of a competency framework; the accreditation of an entity for assessing the competency of persons under the competency frameworks; deciding an application for registration as a surveyor, or registration endorsement, other than an application to which the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 applies; deciding to monitor a registrant’s compliance with disciplinary conditions of registration; authorising an investigation; deciding to take disciplinary proceedings against a registrant; deciding to refer a disciplinary matter, for hearing, to a professional conduct review panel or QCAT.\n(sec.188B-ssec.3) In this section— function includes a power.\n- (a) an appropriately qualified member; or\n- (b) an appropriately qualified employee of the board.\n- (a) the establishment of a competency framework;\n- (b) the accreditation of an entity for assessing the competency of persons under the competency frameworks;\n- (c) deciding an application for registration as a surveyor, or registration endorsement, other than an application to which the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 applies;\n- (d) deciding to monitor a registrant’s compliance with disciplinary conditions of registration;\n- (e) authorising an investigation;\n- (f) deciding to take disciplinary proceedings against a registrant;\n- (g) deciding to refer a disciplinary matter, for hearing, to a professional conduct review panel or QCAT.","sortOrder":226},{"sectionNumber":"sec.189","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.189 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official mentioned in subsection (4) (a) or (b) , the liability attaches instead to the State.\nIf subsection (1) prevents a civil liability attaching to an official mentioned in subsection (4) (c) to (f) , the liability attaches instead to the board.\nIn this section—\nofficial means—\nthe Minister; or\nthe chief executive; or\nthe chairperson or another board member; or\nan employee of the board; or\nan investigator; or\na person acting under the direction or authority of an investigator.\n(sec.189-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.189-ssec.2) If subsection (1) prevents a civil liability attaching to an official mentioned in subsection (4) (a) or (b) , the liability attaches instead to the State.\n(sec.189-ssec.3) If subsection (1) prevents a civil liability attaching to an official mentioned in subsection (4) (c) to (f) , the liability attaches instead to the board.\n(sec.189-ssec.4) In this section— official means— the Minister; or the chief executive; or the chairperson or another board member; or an employee of the board; or an investigator; or a person acting under the direction or authority of an investigator.\n- (a) the Minister; or\n- (b) the chief executive; or\n- (c) the chairperson or another board member; or\n- (d) an employee of the board; or\n- (e) an investigator; or\n- (f) a person acting under the direction or authority of an investigator.","sortOrder":227},{"sectionNumber":"sec.190","sectionType":"section","heading":"Confidentiality","content":"### sec.190 Confidentiality\n\nThis section applies to a person who, in performing functions under this Act, acquires or acquired information about another person’s affairs, including the professional conduct of a registrant or former registrant.\nThe person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person may disclose the information to someone else—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is to a disciplinary body; or\nif the disclosure is authorised under this Act or another Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or\nif the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or\nif the disclosure is to the Minister to allow the Minister to act under paragraph (i) ; or\nif the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.\nIf the Minister authorises information to be disclosed under subsection (3) (i) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose.\n(sec.190-ssec.1) This section applies to a person who, in performing functions under this Act, acquires or acquired information about another person’s affairs, including the professional conduct of a registrant or former registrant.\n(sec.190-ssec.2) The person must not disclose the information to anyone else, unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.190-ssec.3) The person may disclose the information to someone else— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is to a disciplinary body; or if the disclosure is authorised under this Act or another Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or if the disclosure is to the Minister to allow the Minister to act under paragraph (i) ; or if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.\n(sec.190-ssec.4) If the Minister authorises information to be disclosed under subsection (3) (i) about a matter concerning a registrant, the Minister must inform the board of the authorisation and its purpose.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is to a disciplinary body; or\n- (c) if the disclosure is authorised under this Act or another Act; or\n- (d) if the disclosure is otherwise required or permitted by law; or\n- (e) if the person to whom the information relates consents to the disclosure; or\n- (f) if the disclosure is in a form that does not disclose the identity of the person to whom the information relates; or\n- (g) if the information is, or has been, accessible to the public, including, for example, because it is or was recorded in the publicly available part of a register; or\n- (h) if the disclosure is to the Minister to allow the Minister to act under paragraph (i) ; or\n- (i) if the Minister considers the disclosure is in the public interest and authorises the person to disclose the information.","sortOrder":228},{"sectionNumber":"sec.190A","sectionType":"section","heading":"Particular searches free of charge","content":"### sec.190A Particular searches free of charge\n\nThis section applies to each of the following persons—\nthe board;\na member;\nan employee of the board;\nan investigator;\na person acting under the direction or authority of an investigator.\nThe person may conduct a search of the following without payment of a fee—\na register under the Land Act 1994 , section 275 or the Land Title Act 1994 , section 7 ;\na valuation roll under the Land Valuation Act 2010 ;\na State dataset under the Survey and Mapping Infrastructure Act 2003 .\nHowever, the search must be conducted—\nfor the purpose of administering this Act; and\nin accordance with the practice of the entity that holds the register, valuation roll or State dataset.\nIn this section—\nsearch , of a register, valuation roll or State dataset, includes obtaining information from the register, valuation roll or State dataset.\ns 190A ins 2019 No. 17 s 80\n(sec.190A-ssec.1) This section applies to each of the following persons— the board; a member; an employee of the board; an investigator; a person acting under the direction or authority of an investigator.\n(sec.190A-ssec.2) The person may conduct a search of the following without payment of a fee— a register under the Land Act 1994 , section 275 or the Land Title Act 1994 , section 7 ; a valuation roll under the Land Valuation Act 2010 ; a State dataset under the Survey and Mapping Infrastructure Act 2003 .\n(sec.190A-ssec.3) However, the search must be conducted— for the purpose of administering this Act; and in accordance with the practice of the entity that holds the register, valuation roll or State dataset.\n(sec.190A-ssec.4) In this section— search , of a register, valuation roll or State dataset, includes obtaining information from the register, valuation roll or State dataset.\n- (a) the board;\n- (b) a member;\n- (c) an employee of the board;\n- (d) an investigator;\n- (e) a person acting under the direction or authority of an investigator.\n- (a) a register under the Land Act 1994 , section 275 or the Land Title Act 1994 , section 7 ;\n- (b) a valuation roll under the Land Valuation Act 2010 ;\n- (c) a State dataset under the Survey and Mapping Infrastructure Act 2003 .\n- (a) for the purpose of administering this Act; and\n- (b) in accordance with the practice of the entity that holds the register, valuation roll or State dataset.","sortOrder":229},{"sectionNumber":"sec.191","sectionType":"section","heading":"Approval of forms","content":"### sec.191 Approval of forms\n\nThe board may approve forms for use under this Act.","sortOrder":230},{"sectionNumber":"sec.192","sectionType":"section","heading":"Regulation-making power","content":"### sec.192 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nWithout limiting subsection (1) , a regulation may provide for all or any of the following—\nthe keeping of a register, including the particulars to be contained in a register;\nthe title that may be used by a registrant or the holder of a registration endorsement to show the type of registration held by the registrant;\nthe type of survey that may be carried out by the holder of a particular registration or registration endorsement;\nthe supervision of persons carrying out surveys;\nthe fees payable under this Act.\nA regulation may prescribe a penalty of not more than 20 penalty units for a contravention of the regulation.\nIn this section—\nholder , of a registration or registration endorsement, means the person to whom the registration or registration endorsement is issued.\n(sec.192-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.192-ssec.2) Without limiting subsection (1) , a regulation may provide for all or any of the following— the keeping of a register, including the particulars to be contained in a register; the title that may be used by a registrant or the holder of a registration endorsement to show the type of registration held by the registrant; the type of survey that may be carried out by the holder of a particular registration or registration endorsement; the supervision of persons carrying out surveys; the fees payable under this Act.\n(sec.192-ssec.3) A regulation may prescribe a penalty of not more than 20 penalty units for a contravention of the regulation.\n(sec.192-ssec.4) In this section— holder , of a registration or registration endorsement, means the person to whom the registration or registration endorsement is issued.\n- (a) the keeping of a register, including the particulars to be contained in a register;\n- (b) the title that may be used by a registrant or the holder of a registration endorsement to show the type of registration held by the registrant;\n- (c) the type of survey that may be carried out by the holder of a particular registration or registration endorsement;\n- (d) the supervision of persons carrying out surveys;\n- (e) the fees payable under this Act.","sortOrder":231},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional and repeal provisions for Act No. 70 of 2003","content":"# Transitional and repeal provisions for Act No. 70 of 2003","sortOrder":232},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Transitional references","content":"## Transitional references","sortOrder":233},{"sectionNumber":"sec.193","sectionType":"section","heading":"Application of div 1","content":"### sec.193 Application of div 1\n\nThis division applies to references in Acts or documents.","sortOrder":234},{"sectionNumber":"sec.194","sectionType":"section","heading":"References to repealed Act","content":"### sec.194 References to repealed Act\n\nA reference to the repealed Act is, if the context permits, taken to be a reference to this Act.","sortOrder":235},{"sectionNumber":"sec.194A","sectionType":"section","heading":"References","content":"### sec.194A References\n\nA reference to this Act in any of the following provisions is taken also to have included, from 1 August 2004 until the commencement of this section, a reference to the repealed Act—\nsection 16;\nsection 36;\nsection 38;\nsection 63;\nschedule 3, definition professional conduct ;\nschedule 3, definition professional misconduct .\nThe reference to the Survey and Mapping Infrastructure Act 2003 in section 85(3) of this Act is taken also to have included, from 1 August 2004 until the commencement of this section, a reference to the repealed Act.\ns 194A ins 2004 No. 33 s 31\n(sec.194A-ssec.1) A reference to this Act in any of the following provisions is taken also to have included, from 1 August 2004 until the commencement of this section, a reference to the repealed Act— section 16; section 36; section 38; section 63; schedule 3, definition professional conduct ; schedule 3, definition professional misconduct .\n(sec.194A-ssec.2) The reference to the Survey and Mapping Infrastructure Act 2003 in section 85(3) of this Act is taken also to have included, from 1 August 2004 until the commencement of this section, a reference to the repealed Act.\n- (a) section 16;\n- (b) section 36;\n- (c) section 38;\n- (d) section 63;\n- (e) schedule 3, definition professional conduct ;\n- (f) schedule 3, definition professional misconduct .","sortOrder":236},{"sectionNumber":"sec.195","sectionType":"section","heading":"References to president appointed under repealed Act","content":"### sec.195 References to president appointed under repealed Act\n\nA reference to the president of the board appointed under the repealed Act is, if the context permits, taken to be a reference to the chairperson.","sortOrder":237},{"sectionNumber":"sec.196","sectionType":"section","heading":"References to authorised surveyors","content":"### sec.196 References to authorised surveyors\n\nA reference to an authorised surveyor is, if the context permits, taken to be a reference to a cadastral surveyor.","sortOrder":238},{"sectionNumber":"sec.197","sectionType":"section","heading":"References to surveyor-general","content":"### sec.197 References to surveyor-general\n\nA reference to the surveyor-general is, if the context permits, taken to be a reference to the chief executive.","sortOrder":239},{"sectionNumber":"sec.198","sectionType":"section","heading":"References to persons holding column 1 registrations","content":"### sec.198 References to persons holding column 1 registrations\n\nA reference to a person mentioned in column 1 of the table in section 200 is, if the context permits, taken to be a reference to a person mentioned in column 2 of the table opposite the column 1 reference.","sortOrder":240},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Other transitional provisions","content":"## Other transitional provisions","sortOrder":241},{"sectionNumber":"sec.199","sectionType":"section","heading":"Continuation of existing members’ membership","content":"### sec.199 Continuation of existing members’ membership\n\nFor the interim period—\nthe existing members continue in office and are taken to have been appointed as members under this Act; and\nthe existing president continues in office and is taken to have been appointed as chairperson under this Act.\nDespite sections 12 and 21, if a casual vacancy occurs in the office of the chairperson or a member during the interim period, the Minister may appoint another person to fill the vacancy for the remainder of the period.\nSubject to section 15(3), at the end of the interim period, the existing president and existing members go out of office.\nIn this section—\nexisting members means the members of the old board holding office immediately before 1 August 2004.\nexisting president means the person holding office as president of the old board immediately before 1 August 2004.\ninterim period means the period from 1 August 2004 until—\n1 February 2005; or\nthe members of the board are sooner appointed under section 12.\nold board means the Surveyors Board of Queensland constituted under the repealed Act and in existence immediately before 1 August 2004.\ns 199 sub 2004 No. 33 s 32\n(sec.199-ssec.1) For the interim period— the existing members continue in office and are taken to have been appointed as members under this Act; and the existing president continues in office and is taken to have been appointed as chairperson under this Act.\n(sec.199-ssec.2) Despite sections 12 and 21, if a casual vacancy occurs in the office of the chairperson or a member during the interim period, the Minister may appoint another person to fill the vacancy for the remainder of the period.\n(sec.199-ssec.3) Subject to section 15(3), at the end of the interim period, the existing president and existing members go out of office.\n(sec.199-ssec.4) In this section— existing members means the members of the old board holding office immediately before 1 August 2004. existing president means the person holding office as president of the old board immediately before 1 August 2004. interim period means the period from 1 August 2004 until— 1 February 2005; or the members of the board are sooner appointed under section 12. old board means the Surveyors Board of Queensland constituted under the repealed Act and in existence immediately before 1 August 2004.\n- (a) the existing members continue in office and are taken to have been appointed as members under this Act; and\n- (b) the existing president continues in office and is taken to have been appointed as chairperson under this Act.\n- (a) 1 February 2005; or\n- (b) the members of the board are sooner appointed under section 12.","sortOrder":242},{"sectionNumber":"sec.200","sectionType":"section","heading":"Existing registrations","content":"### sec.200 Existing registrations\n\nThis section applies to a person who, immediately before the commencement of this section, was registered or held a registration endorsement under the repealed Act for a type of registration or registration endorsement mentioned in column 1 of the following table (the column 1 registration )—\nColumn 1\nColumn 2\n1\nregistration as a surveyor under section 37 of the repealed Act\nsurveyor\n2\nregistration as a surveying graduate under section 38 of the repealed Act\nsurveying graduate\n3\nregistration as a surveying associate under section 38A of the repealed Act\nsurveying associate\n4\nregistration endorsement for a licensed surveyor under section 42 of the repealed Act\ncadastral surveyor\n5\nregistration endorsement for a consulting surveyor under section 42A of the repealed Act\nconsulting surveyor\n6\nregistration endorsement for an engineering surveyor under section 50 of the repealed Act\nengineering surveyor\n7\nregistration endorsement for a hydrographic surveyor under section 50 of the repealed Act\nhydrographic surveyor\n8\nregistration endorsement for a mining surveyor (A) under section 50 of the repealed Act\nmining surveyor (A)\n9\nregistration endorsement for a mining surveyor (O) under section 50 of the repealed Act\nmining surveyor (O)\nThe person is taken to be registered for the type of registration mentioned in column 2 of the table (the column 2 registration ) shown opposite the column 1 registration.\nIf the column 1 registration was, immediately before the commencement, subject to conditions imposed by a surveyors disciplinary committee established under the repealed Act, the column 2 registration is taken to be subject to the conditions.\nThe column 2 registration continues in force, under this Act, for the remainder of its term.\n(sec.200-ssec.1) This section applies to a person who, immediately before the commencement of this section, was registered or held a registration endorsement under the repealed Act for a type of registration or registration endorsement mentioned in column 1 of the following table (the column 1 registration )— Column 1 Column 2 1 registration as a surveyor under section 37 of the repealed Act surveyor 2 registration as a surveying graduate under section 38 of the repealed Act surveying graduate 3 registration as a surveying associate under section 38A of the repealed Act surveying associate 4 registration endorsement for a licensed surveyor under section 42 of the repealed Act cadastral surveyor 5 registration endorsement for a consulting surveyor under section 42A of the repealed Act consulting surveyor 6 registration endorsement for an engineering surveyor under section 50 of the repealed Act engineering surveyor 7 registration endorsement for a hydrographic surveyor under section 50 of the repealed Act hydrographic surveyor 8 registration endorsement for a mining surveyor (A) under section 50 of the repealed Act mining surveyor (A) 9 registration endorsement for a mining surveyor (O) under section 50 of the repealed Act mining surveyor (O)\n(sec.200-ssec.2) The person is taken to be registered for the type of registration mentioned in column 2 of the table (the column 2 registration ) shown opposite the column 1 registration.\n(sec.200-ssec.3) If the column 1 registration was, immediately before the commencement, subject to conditions imposed by a surveyors disciplinary committee established under the repealed Act, the column 2 registration is taken to be subject to the conditions.\n(sec.200-ssec.4) The column 2 registration continues in force, under this Act, for the remainder of its term.","sortOrder":243},{"sectionNumber":"sec.201","sectionType":"section","heading":"Existing applications for column 1 registrations","content":"### sec.201 Existing applications for column 1 registrations\n\nThis section applies to an application for a column 1 registration, or renewal of a column 1 registration, made under the repealed Act and not decided before the commencement of this section.\nThe application must be decided under this Act.\nThe application is taken to be for the column 2 registration, or renewal of the column 2 registration, shown opposite the column 1 registration.\nPart 3, divisions 3 and 7 apply to the application.\nHowever, sections 45(1)(b) and (c) and 54(2)(b) and (c) do not apply to the application.\n(sec.201-ssec.1) This section applies to an application for a column 1 registration, or renewal of a column 1 registration, made under the repealed Act and not decided before the commencement of this section.\n(sec.201-ssec.2) The application must be decided under this Act.\n(sec.201-ssec.3) The application is taken to be for the column 2 registration, or renewal of the column 2 registration, shown opposite the column 1 registration.\n(sec.201-ssec.4) Part 3, divisions 3 and 7 apply to the application.\n(sec.201-ssec.5) However, sections 45(1)(b) and (c) and 54(2)(b) and (c) do not apply to the application.","sortOrder":244},{"sectionNumber":"sec.202","sectionType":"section","heading":"Suspended registrations","content":"### sec.202 Suspended registrations\n\nThis section applies if a column 1 registration has been suspended and the period of suspension has not ended before the commencement of this section.\nThe suspension is taken to continue under this Act as a suspension of the column 2 registration shown opposite the column 1 registration.\n(sec.202-ssec.1) This section applies if a column 1 registration has been suspended and the period of suspension has not ended before the commencement of this section.\n(sec.202-ssec.2) The suspension is taken to continue under this Act as a suspension of the column 2 registration shown opposite the column 1 registration.","sortOrder":245},{"sectionNumber":"sec.203","sectionType":"section","heading":"Approval of business names under repealed Act","content":"### sec.203 Approval of business names under repealed Act\n\nThis section applies if immediately before the commencement of this section—\nthere was in force an approval of a business name for an individual under section 47A of the repealed Act; and\nfrom the commencement, the individual carries on the business providing surveying services under the approved business name.\nThe individual is taken to have given the board the notice required under section 79(1).\n(sec.203-ssec.1) This section applies if immediately before the commencement of this section— there was in force an approval of a business name for an individual under section 47A of the repealed Act; and from the commencement, the individual carries on the business providing surveying services under the approved business name.\n(sec.203-ssec.2) The individual is taken to have given the board the notice required under section 79(1).\n- (a) there was in force an approval of a business name for an individual under section 47A of the repealed Act; and\n- (b) from the commencement, the individual carries on the business providing surveying services under the approved business name.","sortOrder":246},{"sectionNumber":"sec.204","sectionType":"section","heading":null,"content":"### Section sec.204\n\ns 204 exp 1 January 2005 (see s 204(3))","sortOrder":247},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Repeal","content":"## Repeal","sortOrder":248},{"sectionNumber":"sec.205","sectionType":"section","heading":"Repeal of Surveyors Act 1977","content":"### sec.205 Repeal of Surveyors Act 1977\n\nThe Surveyors Act 1977 is repealed.","sortOrder":249},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provisions for Natural Resources and Other Legislation Amendment Act 2010","content":"# Transitional provisions for Natural Resources and Other Legislation Amendment Act 2010","sortOrder":250},{"sectionNumber":"sec.206","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.206 Definitions for pt 13\n\nIn this part—\ncommencement means the day this part commences.\ns 206 prev s 206 om R1 (see RA s 40)\npres s 206 ins 2010 No. 12 s 228","sortOrder":251},{"sectionNumber":"sec.207","sectionType":"section","heading":"Existing application for registration or renewal by corporation","content":"### sec.207 Existing application for registration or renewal by corporation\n\nThis section applies—\nto an application made by a corporation for registration as a surveyor with a registration endorsement as a consulting surveyor; and\nif the application was made but not decided before the commencement.\nFor deciding the application, sections 38 and 46 as in force immediately before the commencement continue to apply as if the amendments of those sections under the Natural Resources and Other Legislation Amendment Act 2010 , part 17 had not commenced.\ns 207 ins 2010 No. 12 s 228\n(sec.207-ssec.1) This section applies— to an application made by a corporation for registration as a surveyor with a registration endorsement as a consulting surveyor; and if the application was made but not decided before the commencement.\n(sec.207-ssec.2) For deciding the application, sections 38 and 46 as in force immediately before the commencement continue to apply as if the amendments of those sections under the Natural Resources and Other Legislation Amendment Act 2010 , part 17 had not commenced.\n- (a) to an application made by a corporation for registration as a surveyor with a registration endorsement as a consulting surveyor; and\n- (b) if the application was made but not decided before the commencement.","sortOrder":252},{"sectionNumber":"sec.208","sectionType":"section","heading":"Continuation of board members","content":"### sec.208 Continuation of board members\n\nSubsection (2) applies to an existing member of the board, if the member was appointed after 1 March 2010 but before the commencement.\nOn the commencement, the member is taken to be appointed as a member for a term ending on 1 March 2013.\nSubsection (4) applies to an existing member of the board if, other than for the subsection, the member’s appointment would end on 29 October 2010.\nOn the commencement, the member is taken to be appointed as a member for a term ending on 1 September 2011.\nThis section applies to an existing member despite section 15 as in force before or after the commencement.\nIn this section—\nexisting member means a member of the board holding office immediately before the commencement.\ns 208 ins 2010 No. 12 s 228\n(sec.208-ssec.1) Subsection (2) applies to an existing member of the board, if the member was appointed after 1 March 2010 but before the commencement.\n(sec.208-ssec.2) On the commencement, the member is taken to be appointed as a member for a term ending on 1 March 2013.\n(sec.208-ssec.3) Subsection (4) applies to an existing member of the board if, other than for the subsection, the member’s appointment would end on 29 October 2010.\n(sec.208-ssec.4) On the commencement, the member is taken to be appointed as a member for a term ending on 1 September 2011.\n(sec.208-ssec.5) This section applies to an existing member despite section 15 as in force before or after the commencement.\n(sec.208-ssec.6) In this section— existing member means a member of the board holding office immediately before the commencement.","sortOrder":253},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provision for Natural Resources and Other Legislation Amendment Act 2019","content":"# Transitional provision for Natural Resources and Other Legislation Amendment Act 2019","sortOrder":254},{"sectionNumber":"sec.209","sectionType":"section","heading":"Existing board members","content":"### sec.209 Existing board members\n\nA person who, immediately before the commencement, was a member continues to be a member until the person is taken to have vacated office under section 19.\nDespite new section 12, the board is taken to be properly constituted during the transition period if it is constituted in accordance with former section 12.\nIn this section—\nformer , in relation to a provision of this Act, means as in force immediately before the commencement.\nnew , in relation to a provision of this Act, means as in force on the commencement.\ntransition period means the period starting on the commencement and ending 12 months after the commencement.\ns 209 ins 2019 No. 17 s 81\n(sec.209-ssec.1) A person who, immediately before the commencement, was a member continues to be a member until the person is taken to have vacated office under section 19.\n(sec.209-ssec.2) Despite new section 12, the board is taken to be properly constituted during the transition period if it is constituted in accordance with former section 12.\n(sec.209-ssec.3) In this section— former , in relation to a provision of this Act, means as in force immediately before the commencement. new , in relation to a provision of this Act, means as in force on the commencement. transition period means the period starting on the commencement and ending 12 months after the commencement.","sortOrder":255}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope is consistent with its stated purposes. It establishes a registration and disciplinary framework for the surveying profession in Queensland, and all substantive provisions — Board governance, competency assessment, registration processes, enforcement, and offences — directly serve those stated goals of public protection, professional standards, and public confidence. No significant mission creep is evident."},"complexity_factors":["Multiple overlapping registration categories (surveyor, graduate, associate, emeritus, corporation) each with different eligibility rules","Tiered endorsement system (e.g., consulting surveyor) with separate competency and insurance requirements for individuals vs corporations","Cross-referencing between sections is extensive — e.g., division 5 (restoring registrations) largely applies division 4 (renewals) by analogy","Interaction with multiple external legislative instruments: Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Mutual Recognition Acts, QCAT legislation, and 'corresponding laws' in other jurisdictions","Competency frameworks are statutory instruments but not subordinate legislation — an unusual legal status requiring understanding of Queensland's legislative hierarchy","Disciplinary process involves multiple tiers: Board investigation, professional conduct review panels, and QCAT referral","Detailed procedural rules with specific timeframes (10 business day notices, 40 business day decision windows, 20 business day show-cause periods) creating a complex compliance calendar","Distinction between 'information notices' and other written notices, with different legal consequences","Criminal history and suitability assessment provisions involving police commissioner reports and confidentiality obligations","Provisions for both individual and corporate registrants require parallel reading of different sections"],"plain_english_summary":"## Surveyors Act 2003 (Queensland) — Plain English Summary\n\n### What is this law about?\nThis Act sets up the legal framework for regulating the surveying profession in Queensland. It creates a government body (the **Surveyors Board of Queensland**) to oversee who can legally call themselves a surveyor, what standards they must meet, and what happens if they do the wrong thing.\n\n### Who does it affect?\n- **Surveyors and surveying businesses** — you must be registered to legally practise\n- **People studying to become surveyors** — there are registration categories for graduates and associates\n- **The general public** — the law is designed to protect you from incompetent or unethical surveying work (e.g., when buying property or getting land boundaries marked out)\n- **The Surveyors Board itself** — its composition, powers, and accountability are tightly defined\n\n### Key things the law does:\n\n**1. Creates the Surveyors Board of Queensland**\nA 9-member independent body appointed by the Governor in Council. It must act independently and in the public interest. The Chair must be a *cadastral surveyor* (someone who officially maps land boundaries for legal purposes).\n\n**2. Sets up a registration system**\nThere are several types of registration:\n- **Surveyor** (with optional endorsements like 'consulting surveyor')\n- **Surveying Graduate** (early-career)\n- **Surveying Associate** (paraprofessional level)\n- **Emeritus Surveyor** (retired but honoured status)\n- **Corporations** can also be registered as consulting surveyors\n\nTo get registered, you must prove you're competent and a 'suitable person' (good character, honesty, integrity). Registrations last up to 12 months and must be renewed.\n\n**3. Competency assessment**\nThe Board sets 'competency frameworks' — essentially the skills and knowledge benchmarks you must meet. These can be assessed through training agreements, surveying projects, or recognition of prior experience.\n\n**4. Insurance requirements**\nConsulting surveyors (individuals and corporations) must hold professional indemnity insurance (insurance that covers you if a client suffers loss because of your professional mistakes).\n\n**5. Discipline and enforcement**\nThe Board can investigate complaints, hold disciplinary hearings, and — if a registrant has behaved improperly — amend, suspend, or cancel their registration. Serious matters can go to specialist review panels or QCAT (Queensland Civil and Administrative Tribunal, a court-like body for disputes).\n\n**6. Offences**\nIt is illegal to:\n- Practise as a surveyor without registration\n- Use misleading titles implying you're registered when you're not\n- Give false information to the Board\n- Falsify register entries\n\nPenalties are typically expressed in 'penalty units' (a dollar value set by Queensland law).\n\n**7. Mutual recognition**\nThe Act does not override Queensland's mutual recognition laws, meaning surveyors registered interstate or in New Zealand may be able to practise in Queensland without full re-registration.\n\n### Why does it matter to you?\nIf you're hiring a surveyor (for a property purchase, construction, or land subdivision), this law ensures they are qualified, insured, and accountable. If something goes wrong, there's a formal complaints and disciplinary process."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4","severity":"medium","reasoning":"Section 4(1) states the Act binds all persons including the State. Section 4(2) then carves out the State from prosecution entirely. If the primary enforcement mechanism (prosecution) is unavailable against the State, the Act does not bind the State in any practically meaningful sense with respect to offence provisions, which are the main coercive tool of the legislation.","confidence":0.72,"description":"The Act purports to bind all persons including the State, yet simultaneously exempts the State from prosecution. This creates a meaningless obligation: the State is 'bound' by the Act but faces no enforcement consequence for breach, rendering the binding effect on the State largely illusory."},{"type":"self_contradicting","section":"sec.10 and sec.32","severity":"medium","reasoning":"Independence is stated as a mandatory obligation ('must act independently'). The override in s.32(4) does not merely permit non-compliance with independence in specific circumstances — it mandates compliance with directions that may themselves conflict with independent judgment. The 'despite' language acknowledges the contradiction but does not resolve the underlying logical tension; it simply creates a hierarchy that hollows out the independence obligation.","confidence":0.78,"description":"Section 10 requires the board to act independently, impartially and in the public interest. Section 32(4) then says the board MUST comply with Ministerial directions 'despite section 10'. This creates a structural paradox: the board is legally required to be independent but also legally required to subordinate that independence to Ministerial direction."},{"type":"self_contradicting","section":"sec.15","severity":"medium","reasoning":"The stated purpose of a fixed term maximum is to limit tenure and ensure regular renewal. The holdover provision in s.15(2) can defeat this entirely if the appointing authority delays — a member appointed for 1 year could theoretically hold office for years beyond that term. The word 'despite' in s.15(2) explicitly acknowledges the contradiction with s.15(1), meaning the legislature was aware but chose to create an open-ended extension to a capped term.","confidence":0.75,"description":"Section 15(1) states each member is appointed for a term of 'not more than 3 years'. Section 15(2) then provides that a member continues holding office after their term ends until a successor is appointed. This potentially extends tenure indefinitely beyond the 3-year maximum, rendering the maximum meaningless."},{"type":"impossible_compliance","section":"sec.18","severity":"low","reasoning":"The destruction obligation triggers upon completion of the eligibility assessment. If there are ongoing functions requiring the information (e.g., a challenge to the appointment decision), the document will have already been destroyed, making the exception in s.18(2)(a) impossible to utilise in practice for any post-assessment purpose.","confidence":0.6,"description":"Section 18(3) requires the chief executive to destroy a criminal history report 'as soon as practicable after considering the person's eligibility for appointment to the board'. However, section 18(2)(a) permits the chief executive to authorise disclosure of the report to perform functions 'under or in relation to this Act'. If the report must be destroyed promptly after eligibility consideration, there is no mechanism to authorise disclosure for other functions after destruction — making the disclosure authorisation provision potentially unworkable."},{"type":"other","section":"sec.53 and sec.58","severity":"medium","reasoning":"The Act's purpose includes protecting the public and maintaining confidence in the profession. Allowing the board to effectively refuse registration through inaction — without providing the procedural information (grounds, appeal rights) that an active refusal would require — creates a perverse incentive for administrative inaction and disadvantages applicants relative to those who receive an active refusal.","confidence":0.7,"description":"When the board is deemed to have refused an application by operation of law (failure to decide within 40 business days), section 53(3) and section 58(3) state the board 'need not give an applicant an information notice'. An information notice is typically required to trigger appeal rights. Denying the applicant an information notice for a deemed refusal may effectively deny them the ability to understand and exercise appeal rights, undermining the protective purpose of the Act."},{"type":"other","section":"sec.36(2)(a)(i) and sec.38(2)(b)","severity":"low","reasoning":"Competency frameworks under s.39 are directed at 'qualifications, skills, knowledge and experience' — attributes of natural persons. Applying this to a corporation is a legal fiction that the Act does not adequately explain or define, creating potential uncertainty about what 'relevant competency' means for a corporation and how it is assessed.","confidence":0.55,"description":"Both sections require that the applicant 'has, within 1 year before applying for the registration, been assessed as having the relevant competency'. For corporations, this is assessed 'under this Act'. However, a corporation cannot itself possess competency in a professional sense — only the individual surveyors it employs can. The competency assessment of a legal person (corporation) is conceptually incoherent."},{"type":"other","section":"sec.31(2) and sec.31(4)","severity":"low","reasoning":"The member must disclose at a meeting (s.31(2)), but then must not be present when the board considers whether to give a direction as a result of that disclosure (s.31(4)). This creates a procedural awkwardness where the disclosure and the board's response to it must occur at different times or in different parts of the same meeting, which is not clearly provided for.","confidence":0.52,"description":"Section 31(2) requires a member with a conflict of interest to disclose that interest 'to a board meeting'. Section 31(4) requires the same member not to be present when the board considers whether to give a direction about the conflict. However, the disclosure under s.31(2) must occur at a board meeting which, by definition, the member cannot attend for the relevant deliberations. The member must disclose at a meeting but cannot be present at the meeting where the consequences of that disclosure are determined."}],"contradictions":[{"severity":"high","section_a":"sec.10","section_b":"sec.32(4)","confidence":0.88,"description":"Section 10 mandates that the board 'must act independently, impartially and in the public interest'. Section 32(4) mandates that the board 'must comply' with Ministerial directions 'despite section 10'. These provisions impose contradictory mandatory obligations on the board simultaneously."},{"severity":"medium","section_a":"sec.15(1)","section_b":"sec.15(2)","confidence":0.82,"description":"Section 15(1) caps the appointment term at 'not more than 3 years'. Section 15(2) provides that a member continues in office indefinitely after expiry of that term until a successor is appointed, effectively creating an uncapped tenure that defeats the maximum term limit."},{"severity":"medium","section_a":"sec.4(1)","section_b":"sec.4(2)","confidence":0.75,"description":"Section 4(1) states the Act binds all persons including the State. Section 4(2) exempts the State from prosecution for any offence under the Act. Since prosecution is the principal enforcement mechanism for obligations under the Act, the State is notionally bound but practically unenforceable against."},{"severity":"medium","section_a":"sec.14(1)","section_b":"sec.14(7)","confidence":0.8,"description":"Section 14(1) requires the Governor in Council to appoint the chairperson. Section 14(7) permits the Minister alone (a lower authority) to appoint a member to fill a vacancy in the chairperson's office during the term. This creates an inconsistency in the appointing authority for what is substantively the same office."},{"severity":"low","section_a":"sec.12(1)","section_b":"sec.23","confidence":0.7,"description":"Section 12(1) states the board 'must consist of 9 individuals', which is a mandatory fixed composition requirement. Section 23 provides that the performance of functions is not affected 'merely because of a vacancy or irregularity in the membership'. This effectively renders the mandatory 9-member requirement non-operative as a condition of valid decision-making."},{"severity":"low","section_a":"sec.39(4)","section_b":"sec.40(a)","confidence":0.58,"description":"Section 39(4) states a competency framework 'has effect when it is published as required under section 40(a)'. Section 40(a) requires publication 'on the board's website on the internet'. This creates a circular dependency: the framework's legal effect is contingent on publication, but there is no fallback provision if the website is unavailable or the publication is delayed, leaving the board potentially unable to assess competency or register persons in the interim."},{"severity":"medium","section_a":"sec.36(2)(a)(i)","section_b":"sec.36(2)(c)(i)","confidence":0.72,"description":"Section 36(2)(a)(i) allows eligibility to be established by assessment under this Act, the repealed Act, or a corresponding law. However, section 36(2)(c)(i), dealing with the consulting surveyor endorsement, restricts the competency assessment to 'under this Act' only, excluding the repealed Act and corresponding laws. There is no apparent policy rationale for this narrower eligibility pathway for consulting surveyors specifically."},{"severity":"low","section_a":"sec.54(2)(a)","section_b":"sec.51(4)","confidence":0.6,"description":"Section 54(2)(a) requires a renewal application to be 'made to the board before the registration or registration endorsement expires'. Section 51(4) provides that if such an application is made before expiry, the registration is taken to continue until the application is decided. Read together, there is no provision for what happens if the application is made after expiry — section 59 governs restoration, but the interaction between the strict timing requirement of s.54(2)(a) and the restoration regime creates a gap where a registrant who misses the deadline by even one day loses the benefit of continuity."}]},"kimi_summary":{"_metrics":{"completionTokens":649},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as stated in section 3: protecting the public through professional registration, standards enforcement, and disciplinary oversight. The various amendments (2004, 2007, 2009, 2010, 2019, 2023) have refined operational details but not expanded beyond this core regulatory scope."},"complexity_factors":["Multiple registration categories with overlapping requirements (surveyor, graduate, associate, emeritus, plus endorsements)","Extensive cross-referencing between Parts 3-7 for registration, renewal, disciplinary action and investigation procedures","Nested conditional logic in eligibility requirements (e.g., section 36 with multiple 'if' conditions for consulting surveyor endorsement)","Detailed procedural rules with specific timeframes (e.g., 40 business days for decisions, 10 business days for notices, 20 business days for responses)","Multiple disciplinary pathways with different powers: Board itself, professional conduct review panels, and QCAT","Transitional provisions spanning three separate amending Acts with complex conversion tables for old registrations","Investigation powers include warrant procedures, seizure rules, and evidence handling with multiple exceptions and safeguards","Defined terms located in Schedule 3 dictionary but heavily used throughout (e.g., 'professional misconduct', 'registrant', 'corresponding law')"],"plain_english_summary":"This Queensland legislation establishes a comprehensive regulatory scheme for the surveying profession. Here's what it does:\n\n**Core purpose**\n- Protects the public by ensuring only properly qualified and registered people carry out surveys\n- Maintains professional standards and public confidence in surveying\n\n**Who it affects**\n- **Surveyors** – must register with the Surveyors Board of Queensland to legally practice\n- **Corporations** – can register to provide surveying services if they meet requirements\n- **Consumers** – anyone who hires a surveyor or relies on survey work\n\n**Key features**\n- **Creates the Surveyors Board of Queensland** – a statutory body that registers surveyors, sets competency standards, investigates complaints, and runs disciplinary proceedings\n- **Establishes registration tiers** – surveyor, surveying graduate, surveying associate, and emeritus surveyor, plus special endorsements for areas like cadastral (property boundary) surveying\n- **Requires competency assessments** – applicants must demonstrate skills through accredited assessment processes\n- **Sets up disciplinary systems** – the Board can caution, fine, suspend or cancel registrations; serious matters go to QCAT (Queensland Civil and Administrative Tribunal)\n- **Protects specific surveying work** – only registered \"cadastral surveyors\" can carry out property boundary surveys, and only \"consulting cadastral surveyors\" can run businesses doing this work\n- **Provides investigation powers** – appointed investigators can enter premises, seize evidence, and require information (with safeguards)\n\n**Why it matters**\nProperty boundaries are foundational to land ownership, development, and disputes. This Act ensures the people marking those boundaries are competent, insured, and accountable – reducing errors that could cost landowners millions or create legal nightmares."},"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/surveyors-act-2003","history":"/api/acts/surveyors-act-2003/history","analysis":"/api/acts/surveyors-act-2003/analysis","conflicts":"/api/acts/surveyors-act-2003/conflicts","importantCases":"/api/acts/surveyors-act-2003/important-cases","documents":"/api/acts/surveyors-act-2003/documents"}}