Architects Act 1991

Part 1—Preliminary

1 Purposes

The main purposes of the Act are—

(a) to provide for the registration of architects;

S. 1(b) substituted by No. 35/2004 s. 4(1).

(b) to provide for the approval of partnerships and companies providing architectural services;

(c) to regulate the professional conduct of architects;

(d) to provide a procedure for handling complaints against architects;

S. 1(e) substituted by No. 35/2004 s. 4(2).

(e) to regulate the use of the terms "architect", "architectural services", "architectural design services" and "architectural design";

(f) to establish the Architects Registration Board of Victoria.

2 Commencement

This Act comes into operation on a day or days to be proclaimed.

S. 3 amended by No. 72/2001 s. 3(Sch. item 1.2) (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

approved means approved by the Board;

S. 3(1) def. of approved architectural company substituted as approved company by No. 35/2004 s. 5(1).

approved company means a company that is approved under section 14;

S. 3(1) def. of approved architectural partnership substituted as approved partnership by No. 35/2004 s. 5(2).

approved partnership means a partnership that is approved under section 13;

S. 3(1) def. of architect substituted by No. 35/2004 s. 5(3), amended by No. 1/2023 s. 22(2).

architect, except in Part 2, means a natural person who is registered as an architect under section 11;

Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.

S. 3(1) def. of automatic deemed registration inserted by No. 1/2023 s. 22(1).

automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

Board means the Architects Registration Board of Victoria;

S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 1.1), repealed by No. 35/2004 s. 5(4).

S. 3(1) def. of fit and proper person statement inserted by No. 43/2024 s. 44.

fit and proper person statement, in Division 3 of Part 3, means a written statement in accordance with section 15C;

S. 3(1) def. of proof of CPD compliance inserted by No. 43/2024 s. 44.

proof of CPD compliance, in Division 3 of Part 3, means written proof of compliance with continuing professional development requirements under section 15B;

S. 3(1) def. of proof of required insurance inserted by No. 43/2024 s. 44.

proof of required insurance, in Division 3 of Part 3, means written proof of required insurance under section 15A;

Register means the Register of Architects;

S. 3(1) def. of represent inserted by No. 35/2004 s. 5(5).

represent in Part 2, includes claim and hold out;

S. 3(1) def. of required insurance inserted by No. 35/2004 s. 5(5).

required insurance means the insurance required by order under section 17A;

S. 3(1) def. of second State inserted by No. 1/2023 s. 22(1).

second State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

S. 3(1) def. of second State occupation inserted by No. 1/2023 s. 22(1).

second State occupation has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. 1 item 1.1), repealed by No. 35/2004 s. 5(4).

this Act includes the regulations made under this Act.

S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 1.2), repealed by No. 35/2004 s. 5(6).

Pt 2 (Heading and ss 4–8) substituted as Pt 2
(Heading and ss 4-8D) by No. 35/2004 s. 6.

Part 2—Prohibited conduct

S. 4 substituted by No. 35/2004 s. 6.

4 Representing a natural person to be an architect

(1) A natural person must not represent himself or herself to be an architect and must not allow himself or herself to be represented to be an architect unless he or she is registered as an architect under this Act.

(2) A person must not represent a natural person to be an architect if the person knows or ought reasonably to know that the natural person is not registered as an architect under this Act.

S. 5 substituted by No. 35/2004 s. 6.

5 Representing an unincorporated body to be an architect

(1) A body (other than a body corporate) must not represent itself to be an architect and must not allow itself to be represented to be an architect unless it is an approved partnership.

(2) If a body fails to comply with subsection (1), each member of the body is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

(3) A person must not represent a body (other than a body corporate) to be an architect if the person knows or ought reasonably to know that the body is not an approved partnership.

S. 6 substituted by No. 35/2004 s. 6.

6 Representing a body corporate to be an architect

(1) A body corporate must not represent itself to be an architect and must not allow itself to be represented to be an architect unless it is an approved company.

(2) A person must not represent a body corporate to be an architect if the person knows or ought reasonably to know that the body corporate is not an approved company.

S. 7 substituted by No. 35/2004 s. 6.

7 When is a person or body represented as an architect?

(1) Without limiting the ways in which a person or body can be considered to be represented to be an architect, using any of the following titles, names or descriptions constitutes such a representation—

(a) the title "architect";

(b) any other title, name or description that indicates, or is capable of being understood to indicate, or is calculated to lead a person to infer, that the person or body is an architect or is registered or approved under this Act.

(2) Without limiting the ways in which a person can be considered to be represented to be an architect, a representation that the person provides the services of an architect constitutes a representation that the person is an architect.

(3) Without limiting the ways in which a body can be considered to be represented to be an architect, a representation that the body—

(a) consists of or comprises one or more architects; or

(b) provides the services of an architect; or

(c) is registered or approved under this Act—

constitutes a representation that the body is an architect.

(4) Without limiting the ways in which a person or body can be considered to be represented to be an architect, the making or publication of a statement or document that states or implies that the person or body—

(a) is an architect; or

(b) practises as an architect; or

(c) undertakes or is willing to undertake work as an architect—

constitutes a representation that the person or body is an architect.

S. 8 substituted by No. 35/2004 s. 6.

8 Restriction on use of particular expressions

(1) A person or body (other than a person who is registered as an architect under this Act or an approved partnership or an approved company) must not use any of the terms "architectural services", "architectural design services" or "architectural design" in relation to—

(a) the design of buildings or parts of buildings by that person or body; or

(b) the preparation of plans, drawings or specifications for buildings or parts of buildings by that person or body.

(2) If a body (other than a body corporate) fails to comply with subsection (1), each member of the body is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

S. 8A inserted by No. 35/2004 s. 6.

8A Exceptions

(1) This Part does not prevent—

(a) a person from using the title or description of "landscape architect", "naval architect" or "computer systems architect"; or

(b) a person from using any name, title or description prescribed by the regulations in such circumstances and subject to such restrictions as are prescribed by the regulations.

(2) Section 4 does not operate to prevent any person employed in providing architectural services as an officer or employee of the public service of Victoria or of the Commonwealth or as an officer or employee of any public statutory authority in respect of that person's employment as an officer or employee from representing himself or herself, or from being represented as, an architect.

(3) Sections 5 and 6 do not operate to prevent a body approved by the Board under this subsection from representing itself, or from being represented, as an architect.

S. 8B inserted by No. 35/2004 s. 6.

8B Offence to work as architect without required insurance

(1) A person must not carry out work as an architect unless that person is covered by the required insurance.

1. 100 penalty units, in the case of a natural person;

500 penalty units, in the case of a body corporate.

(2) Subsection (1) does not apply to—

(a) persons employed by or working under the supervision of a person who is registered as an architect under this Act and who is covered by the required insurance; or

(b) an approved company.

S. 8C inserted by No. 35/2004 s. 6.

8C Offence to represent to be insured when uninsured

A person who is not covered by the required insurance, must not—

(a) represent himself or herself or itself as covered by the required insurance; or

(b) allow himself or herself or itself to be represented as being covered by the required insurance.

1. 100 penalty units, in the case of a natural person;

500 penalty units, in the case of a body corporate.

S. 8D inserted by No. 35/2004 s. 6.

8D Restriction on provision of architectural services by companies and partnerships

(1) An approved company must not provide architectural services unless—

(a) a director of the company who is registered as an architect under this Act is responsible for the carrying out of the services; and

(b) the services are carried out by or under the supervision of a person who is registered as an architect under this Act.

(2) An approved partnership must not provide architectural services unless—

(a) a member of the partnership who is registered as an architect under this Act is responsible for the carrying out of the services; and

(b) the services are carried out by or under the supervision of a person who is registered as an architect under this Act.

(3) If an approved partnership fails to comply with subsection (2), each member of the partnership is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

Part 3—Registration and approval

Division 1—Registration of architects

9 Application for registration

(1) An application for registration as an architect may be made to the Board.

S. 9(2) substituted by No. 35/2004 s. 7.

(2) An application must—

(a) be in the prescribed form; and

(b) state each prescribed class of registration sought; and

(c) be in accordance with the regulations; and

(d) be accompanied by the relevant prescribed fee; and

(e) if the applicant is required by an order under section 17A to be covered by insurance, include proof that the applicant is covered by the required insurance.

S. 9A inserted by No. 1/2023 s. 23.

9A Proof of required insurance for persons intending to rely on automatic deemed registration

(1) This section applies to a person who intends to carry out an activity that may be carried out under a registration under this Part in reliance on an automatic deemed registration that is the subject of a determination under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth.

(2) The person must ensure that the notification given to the Authority under section 42J(1) of the Mutual Recognition Act 1992 of the Commonwealth is accompanied by written proof that, until the next occurrence of 1 July, the person will be covered by the required insurance for the registration under this Part.

(3) The person must ensure that the written proof is accompanied by the prescribed fee for the examination of the written proof by the Board.

10 Qualifications for registration as an architect

A natural person is eligible to be registered as an architect if the person—

S. 10(a) substituted by No. 3/2020 s. 3.

(a) is a fit and proper person to be registered having regard to the probity matters set out in section 10A; and

(b) has been engaged for not less than 2 years on practical architectural work and has attained a standard of professional practice satisfactory to the Board; and

(c) either—

(i) holds a prescribed qualification in architecture; or

(ii) has passed a prescribed course of study and completed a period of 5 years in gaining professional knowledge in architecture to the satisfaction of the Board.

S. 10A inserted by No. 3/2020 s. 4.

10A Probity matters

In determining whether a person is a fit and proper person under section 10(a), the Board must have regard to the following matters—

(a) whether in the past 10 years the person has been convicted or found guilty (whether in or outside of Victoria) of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more;

(b) whether in the past 10 years the person has been convicted or found guilty of an offence under any law regulating architectural services or architects;

(c) whether in the past 10 years the person has had any registration, licence, approval or other authorisation as an architect suspended or cancelled (whether in or outside of Victoria) for any reason other than a failure by the person to renew the registration, licence, approval or other authorisation;

(d) whether in the past 10 years the person has been subject to an order of a court or VCAT under the following enactments, which has not been complied with within the period required by the court or VCAT—

(i) this Act or the regulations;

(ii) the Building Act 1993 or the regulations made under that Act;

(iii) the Domestic Building Contracts Act 1995 or the regulations made under that Act;

(e) whether in the past 10 years any disciplinary action has been taken against the person under the Building Act 1993;

(f) whether the person is, or has been within the past 10 years, an insolvent under administration;

(g) whether any other prescribed probity matter applies in relation to the person.

11 Registration

The Board may—

(a) register an applicant as an architect, if it is satisfied that the applicant is eligible to be so registered; or

(b) refuse to register the applicant, if it is not so satisfied.

S. 11A inserted by No. 1/2023 s. 24.

11A Board must issue certificate of registration

(1) The Board must issue a certificate of registration to a person who has been registered by the Board as an architect.

(2) The certificate of registration must be in a form approved by the Board and contain any prescribed information.

Pt 3 Div. 2 (Heading) substituted by No. 35/2004 s. 8.

Division 2—Approval of partnerships and companies

12 Application for approval

S. 12(1) substituted by No. 35/2004 s. 9(1).

(1) An application for approval of a partnership or company under this Act may be made to the Board.

(2) An application must be—

(a) in the prescribed form; and

(b) accompanied by the prescribed fee.

S. 12(3) amended by No. 35/2004 s. 9(2).

(3) An application for approval of a partnership must be made jointly by all the members of the partnership.

(4) The Board may require an applicant to provide further information or material.

S. 13 (Heading) inserted by No. 35/2004 s. 10(1).

13 Approval of a partnership

S. 13(1) substituted by No. 35/2004 s. 10(2).

(1) The Board may approve a partnership for the purposes of this Act if at least one of the partners is an architect who is covered by the required insurance.

S. 13(1A) inserted by No. 43/2024 s. 45.

(1A) The Board may refuse to approve a partnership for the purposes of this Act if it is not satisfied that the partnership is eligible to be so approved.

(2) If an architectural partnership ceases to comply with the criteria in subsection (1), the members must notify the Board within 14 days.

(3) The Board may give any directions necessary to ensure that the partnership complies with subsection (1).

(4) If one member of the partnership complies with subsection (2), that is sufficient compliance by all the members of the partnership.

S. 13A inserted by No. 1/2023 s. 25.

13A Board must issue certificate of approval

(1) The Board must issue a certificate of approval to a partnership that has been approved by the Board.

(2) The certificate of approval must be in a form approved by the Board and contain any prescribed information.

S. 14 (Heading) inserted by No. 35/2004 s. 11(1).

14 Approval of a company

S. 14(1) substituted by No. 35/2004 s. 11(2).

(1) The Board may approve a company for the purposes of this Act if satisfied that—

S. 14(1)(a) amended by No. 21/2015 s. 3(Sch. 1 item 5).

(a) the constitution of the company provides that one of the purposes of the company is the practice of architecture; and

(b) at least one director is an architect who is covered by the required insurance.

S. 14(2) amended by No. 72/2001 s. 3(Sch. 1 item 1.3), repealed by No. 35/2004 s. 11(3), new s. 14(2) inserted by No. 43/2024 s. 46.

(2) The Board may refuse to approve a company for the purposes of this Act if it is not satisfied that the company is eligible to be so approved.

(3) If an architectural company ceases to comply with the criteria in subsection (1), it must notify the Board within 14 days.

(4) The Board may give any directions necessary to ensure that the company complies with subsection (1).

S. 14A inserted by No. 1/2023 s. 26.

14A Board must issue certificate of approval

(1) The Board must issue a certificate of approval to a company that has been approved by the Board.

(2) The certificate of approval must be in a form approved by the Board and contain any prescribed information.

Pt 3 Div. 3 (Heading) substituted by No. 43/2024 s. 47.

Division 3—Renewal of registration or approval

S. 15AA inserted by No. 43/2024 s. 48.

15AA Disapplication of Division

This Division does not apply to a person who intends to carry out an activity that may be carried out under a registration under this Part in reliance on an automatic deemed registration.

S. 15AAB inserted by No. 43/2024 s. 48.

15AAB Duration and renewal of registration

(1) The registration of a person as an architect continues in force until the end of the financial year in which the registration was granted or renewed, unless the registration is earlier cancelled under this Act.

A financial year is the period of 12 months ending at midnight on 30 June: see section 44(6)(d) of the Interpretation of Legislation Act 1984.

(2) Despite subsection (1), the registration of a person as an architect who applies for renewal of the registration is taken to continue in force until the application is determined by the Board, if the application is made to the Board—

(a) before the end of the financial year in which the registration was granted or renewed; or

(b) in the period that is one month after the end of that financial year.

(3) Despite subsection (1), the registration of a person as an architect who is first registered in May or June in a financial year continues in force until the end of the next financial year, unless the registration is earlier cancelled under this Act.

(4) An architect referred to in subsection (3) must not submit an application for renewal of registration at the end of the financial year in which the person was first registered as an architect.

S. 15AAC inserted by No. 43/2024 s. 48.

15AAC Duration and renewal of approval

(1) The approval of a partnership or company for the purposes of this Act continues in force until the end of the financial year in which the approval was granted or renewed, unless the approval is earlier cancelled under this Act.

A financial year is the period of 12 months ending at midnight on 30 June: see section 44(6)(d) of the Interpretation of Legislation Act 1984.

(2) Despite subsection (1), the approval of a partnership or company that is the subject of an application for renewal of the partnership's or company's approval is taken to continue in force until the application is determined by the Board, if the application is made to the Board—

(a) before the end of the financial year in which the approval was granted or renewed; or

(b) in the period that is one month after the end of that financial year.

(3) Despite subsection (1), the approval of a partnership or company that is first approved in May or June in a financial year continues in force until the end of the next financial year, unless the approval is earlier cancelled under this Act.

(4) An application for renewal of approval of a partnership or company referred to in subsection (3) must not be made at the end of the financial year in which the partnership or company was first approved.

S. 15AAD inserted by No. 43/2024 s. 48.

15AAD Application for renewal of registration

(1) An application for renewal of registration as an architect must—

(a) be made to the Board before the end of the financial year; and

(i) the prescribed registration renewal fee; and

(ii) proof of required insurance; and

(iii) proof of CPD compliance; and

(iv) a fit and proper person statement.

(2) The Board may require an applicant to provide further information or material.

(3) The Board may—

(a) renew a person's registration, if it is satisfied that the applicant—

(i) continues to meet the eligibility requirements to be registered as an architect under section 10(a); and

(ii) complies with the requirements of this Division; or

(b) refuse to renew the applicant's registration as an architect, if it is not so satisfied.

(4) If a person does not apply for renewal of registration as an architect before the end of the financial year—

(a) the Board may renew that architect's registration if—

(i) an application under subsection (1) is made within one month after the end of that financial year; and

(ii) the applicant pays the prescribed late registration renewal fee; and

(b) the architect's registration is taken to continue in force for one month after the end of that financial year.

(5) If a person's registration as an architect is suspended, the person must not apply for renewal of that registration until the suspension ends or is revoked.

See section 15AAF(1).

(6) If a person (other than a person whose registration is suspended) does not apply for renewal of registration as an architect within one month after the end of the financial year, the person ceases to be registered as an architect.

S. 15AAE inserted by No. 43/2024 s. 48.

15AAE Application for renewal of approval

(1) An application for renewal of a partnership's or company's approval for the purposes of this Act must—

(a) be made to the Board before the end of the financial year; and

(c) be accompanied by the prescribed approval renewal fee.

(2) The Board may require an applicant to provide further information or material.

(3) The Board may—

(a) renew an approval of the partnership or company, if it is satisfied that the partnership or company meets—

(i) the criteria in section 13(1) or 14(1) (as the case requires); and

(ii) the requirements of this Division; or

(b) refuse to renew the approval of the partnership or company, if it is not so satisfied.

(4) If an application for renewal of a partnership's or company's approval is not made before the end of the financial year—

(a) the Board may renew that approval if—

(i) an application under subsection (1) is made within one month after the end of that financial year; and

(ii) the applicant pays the prescribed late approval renewal fee; and

(b) the partnership's or company's approval (as the case may be) is taken to continue in force for one month after the end of that financial year.

(5) If a partnership's or company's approval is suspended, an application for renewal of the partnership's or company's approval must not be made until the suspension ends or is revoked.

See section 15AAG(1).

(6) If an application for renewal of a partnership's or company's approval (other than for the renewal of a partnership's or company's approval that is suspended) is not made within one month after the end of the financial year, the partnership or company (as the case may be) ceases to be an approved partnership or approved company.

S. 15AAF inserted by No. 43/2024 s. 48.

15AAF Renewal of registration after suspension

(1) If a person does not make an application under section 15AAD(1) before the end of the financial year because the person's registration as an architect is suspended, and the suspension ends or is revoked after the last day of the financial year—

(a) the person must do so within one month after the suspension ends or is revoked; and

(b) the registration of the person as an architect is taken to continue in force for one month after the suspension ends or is revoked.

(2) Despite subsection (1), the registration of a person as an architect referred to in subsection (1), who makes an application under section 15AAD(1) within one month after the suspension ends or is revoked, continues in force until the application is determined by the Board.

(3) If a person referred to in subsection (1) does not apply for renewal of registration as an architect within one month after the suspension ends or is revoked, the person ceases to be registered as an architect.

(4) A person whose registration as an architect ceased under subsection (3) may apply to the Board under section 15AAH(1) to reinstate the registration as if the registration ceased under section 15AAD(6).

S. 15AAG inserted by No. 43/2024 s. 48.

15AAG Renewal of approval after suspension

(1) If an application for renewal of a partnership's or company's approval under section 15AAE(1) is not made before the end of the financial year because the approval is suspended, and the suspension ends or is revoked after the last day of the financial year—

(a) the application must be made within one month after the suspension ends or is revoked; and

(b) the partnership's or company's approval (as the case may be) is taken to continue in force for one month after the suspension ends or is revoked.

(2) Despite subsection (1), the approval of a partnership or company referred to in subsection (1), for which an application is made under section 15AAE(1) within one month after the suspension ends or is revoked, continues in force until the application is determined by the Board.

(3) If an application for renewal of a partnership's or company's approval is not made within one month after the suspension ends or is revoked, the partnership or company (as the case may be) ceases to be an approved partnership or approved company.

(4) An application may be made to the Board under section 15AAI(1) to reinstate the approval of a partnership or company that ceased under subsection (3) as if the approval ceased under section 15AAE(6).

S. 15AAH inserted by No. 43/2024 s. 48.

15AAH Reinstatement within 2 months after registration ceases

(1) If a person's registration as an architect has ceased under section 15AAD(6), the person may apply to the Board to reinstate the registration.

(2) An application for reinstatement of registration as an architect must—

(a) be made to the Board within 2 months after the registration ceased; and

(i) the prescribed registration renewal fee; and

(ii) the prescribed registration reinstatement fee; and

(iii) proof of required insurance; and

(iv) proof of CPD compliance; and

(v) a fit and proper person statement.

(4) Despite subsection (2)(a), the Board may accept an application made more than 2 months after the person's registration as an architect ceased if the Board is satisfied it would be reasonable in all the circumstances to do so.

(5) The Board may—

(a) reinstate a person's registration as an architect, if it is satisfied that the applicant—

(i) continues to meet the eligibility requirements to be registered as an architect under section 10(a); and

(ii) complies with the requirements of this Division; or

(b) refuse to reinstate the applicant's registration as an architect, if it is not so satisfied.

S. 15AAI inserted by No. 43/2024 s. 48.

15AAI Reinstatement within 2 months after approval ceases

(1) If a partnership's or company's approval has ceased under section 15AAE(6), an application may be made to the Board to reinstate the approval.

(2) An application for reinstatement of an approval of a partnership or company for the purposes of this Act must—

(a) be made to the Board within 2 months after the approval ceased; and

(i) the prescribed approval renewal fee; and

(ii) the prescribed approval reinstatement fee.

(4) Despite subsection (2)(a), the Board may accept an application made more than 2 months after the partnership's or company's approval ceased if the Board is satisfied it would be reasonable in all the circumstances to do so.

(5) The Board may—

(a) reinstate the partnership's or company's approval, if it is satisfied that the partnership or company complies with—

(i) the criteria in section 13(1) or 14(1) (as the case requires); and

(ii) the requirements of this Division; or

(b) refuse to reinstate the partnership's or company's approval, if it is not so satisfied.

S. 15 amended by No. 35/2004 s. 12, repealed by No. 43/2024 s. 49.

S. 15A inserted by No. 35/2004 s. 13, amended by No. 1/2023 s. 27 (ILA s. 39B(1)).

15A Proof of required insurance

S. 15A(1) amended by No. 43/2024 s. 50.

(1) Every architect who is required under this Act to be covered by insurance must, by the end of each financial year in which the architect's registration is granted or renewed, give written proof to the Board that the architect will be covered by the required insurance—

(a) until 30 June of the following year; or

(b) subject to such conditions as the Board may impose, any lesser period approved by the Board.

S. 15A(2) inserted by No. 1/2023 s. 27.

(2) An architect must ensure that the written proof is accompanied by the prescribed fee for the examination of the written proof by the Board.

S. 15B inserted by No. 3/2020 s. 5, amended by No. 43/2024 s. 51.

15B Continuing professional development requirements

Every architect must comply with any prescribed continuing professional development requirements and give written proof of such compliance in the prescribed manner to the Board by the end of each financial year in which the architect's registration is granted or renewed.

S. 15C inserted by No. 43/2024 s. 52.

15C Statement that architect is fit and proper person

(1) Every architect, by the end of each financial year in which the architect's registration is granted or renewed, must give a written statement to the Board declaring that the architect is a fit and proper person to continue practice as an architect, having regard to the probity matters set out in section 10A.

(2) A statement under subsection (1) must be in the form approved by the Board.

Division 4—The Register

S. 16 amended by Nos 35/2004 s. 14, 1/2023 s. 28(1)(2) (ILA s. 39B(1)).

16 The Register

(1) There shall be a Register of Architects in the prescribed form (if any) containing the names and addresses of every architect, approved partnership, approved company and any other prescribed particulars.

S. 16(2) inserted by No. 1/2023 s. 28(2).

(2) The Register may include details of—

(a) any criminal sanction imposed on an architect; and

(b) any disciplinary sanction imposed on an architect.

S. 16A inserted by No. 1/2023 s. 29.

16A Time for inclusion of information in the Register of Architects

(1) If the regulations require any details specified in section 16(2) to be included in the Register of Architects, the Board must record that information in the Register as soon as practicable after the prescribed period after the criminal sanction or disciplinary sanction is imposed.

(2) Information about a disciplinary sanction is to remain on the Register of Architects for 5 years after the sanction is imposed or ceases to have effect, whichever is the later.

(3) Information about a criminal sanction is to remain on the Register of Architects for 5 years after the sanction is imposed or ceases to have effect, whichever is the later.

(4) In this section—

prescribed period means—

(a) in the case of a disciplinary sanction, the later of the following to occur—

(i) the end of the period within which an application for review of the decision to impose a disciplinary sanction may be made to VCAT;

(ii) if an application for review of the decision to impose a disciplinary sanction is made to VCAT, a decision is made by VCAT affirming the decision; or

(b) in the case of a criminal sanction arising from a criminal proceeding, the later of the following to occur—

(i) the end of the period within which an appeal may be brought against the criminal sanction;

(ii) if an appeal is brought against the criminal sanction, a decision is made dismissing the appeal.

S. 16B inserted by No. 1/2023 s. 29.

16B Architect must give information to the Board for the Register of Architects

(1) The Board may request in writing that an architect give to the Board information in relation to the architect that is required to be contained in the Register of Architects.

(2) An architect must comply with a request under subsection (1) from the Board within 5 business days after receiving the request.

Penalty: 10 penalty units.

S. 16C inserted by No. 1/2023 s. 29.

16C Publication of information on Register of Architects

(1) The Board must publish on its website the information on the Register of Architects that is required by the regulations to be published.

(2) The Board may publish on its website the information on the Register of Architects that is permitted by the regulations to be published.

S. 17 substituted by No. 1/2023 s. 30.

17 Removal of details of architects from the Register of Architects

The Board may, as soon as is practicable, remove the details of a person from the Register of Architects if—

(a) the person is no longer practising as an architect; or

(b) the person no longer holds a registration as an architect under Part 3.

Pt 3 Div. 5 (Heading and s. 17A) inserted by No. 35/2004 s. 15.

Division 5—Insurance

S. 17A inserted by No. 35/2004 s. 15.

17A Order requiring insurance

(1) The Minister may, by order published in the Government Gazette—

(a) require architects or any specified class or classes of architects to be covered by insurance; and

(b) specify the kind and amount of insurance by which architects or architects in a specified class of architect are required to be covered.

(2) An order under subsection (1) or subsection (4) must state the date on which the order takes effect which must not be earlier than one month after the date of publication of the order in the Government Gazette.

(3) The Minister may in a particular case vary any excess specified in an order under subsection (1) if the Minister is satisfied that it is appropriate to do so.

(4) The Minister may, by order published in the Government Gazette, amend or revoke an order made under subsection (1).

(5) The Minister must consult with the Board before making an order under this section.

(6) For the purposes of this Act, a person is covered by the required insurance if—

(a) the person holds the required insurance; or

(b) the person is not a party to the required insurance but is specified or referred to in the insurance, whether by name or otherwise, as a person to whom the insurance cover extends.

(7) In this section insurance includes—

(a) professional indemnity insurance;

(b) an indemnity;

(c) public liability insurance;

(d) insurance taken out by any body or person which covers the work of the architect;

(e) an agreement or instrument in the nature of an item set out in paragraphs (a) to (d).

Pt 3A (Heading and ss 17B–17D) inserted by No. 3/2020 s. 6.

Part 3A—Information gathering powers

S. 17B inserted by No. 3/2020 s. 6.

17B Information gathering powers

(1) In order to carry out any of its functions under this Act, the Board may give a person a notice in writing requiring the person to provide information or documents in the custody or control of the person to the Board or a person appointed under section 18B (an appointed person)—

(a) if the Board has reasonable grounds to suspect that an architect has contravened a provision of this Act or the regulations; or

(b) to determine whether this Act or the regulations have been complied with; or

(c) to assist in the enforcement of any standards of professional conduct and practice for architects; or

(d) to assist the Board or an appointed person in making a decision under section 18.

(2) For the purposes of subsection (1)(d), the Board or the appointed person may provide the architect concerned with details of the matter that is the subject of a determination to be made under section 18.

(3) If any documents are produced to the Board or an appointed person under this section, the Board or the appointed person may make copies of or take extracts from the documents and retain possession of those copies and extracts.

S. 17C inserted by No. 3/2020 s. 6.

17C Refusal or failure to comply with requirement

A person must not, without reasonable excuse, refuse or fail to comply with a requirement of the Board or an appointed person under section 17B.

Penalty: 60 penalty units, in the case of a natural person;

300 penalty units, in the case of a body corporate.

S. 17D inserted by No. 3/2020 s. 6.

17D Protection against self-incrimination

(1) It is a reasonable excuse for a natural person to refuse or fail to give information to the Board or an appointed person under section 17B, if the giving of the information would tend to incriminate the person.

(2) Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce to the Board or an appointed person under section 17B, if the production of the document would tend to incriminate the person.

Part 4—Disciplinary proceedings

Pt 4 Div. 1AA (Heading and s. 18AA) inserted by No. 43/2024 s. 53.

Division 1AA—Application

S. 18AA inserted by No. 43/2024 s. 53.

18AA Application of this Part

This Part applies to a person in respect of conduct by that person while the person was registered as an architect.

Pt 4 Div. 1 (Heading and s. 18) substituted as Pt 4 Div. 1 (Heading and ss 18–18D) by No. 35/2004 s. 16.

Division 1—Disciplinary powers

S. 18 substituted by No. 35/2004 s. 16.

18 Disciplinary powers of the Board

The Board, on its own initiative or on the complaint of any person, may determine that an inquiry should or should not be held under this Part into an architect's fitness to practise or professional conduct.

S. 18A inserted by No. 35/2004 s. 16.

18A Power to refer complaint to mediation

(1) The Board may refer a complaint to mediation under Division 1A if the Board considers it appropriate to do so.

(2) A complaint may only be referred to mediation if the person making the complaint and the architect concerned consent to that referral.

S. 18B inserted by No. 35/2004 s. 16.

18B Power to appoint person to assist Board

The Board may appoint a person to assist it in determining whether or not an inquiry should be held under this Part.

S. 18C inserted by No. 35/2004 s. 16, repealed by No. 3/2020 s. 7.

S. 18D inserted by No. 35/2004 s. 16.

18D Notice to complainant of Board's determination

The Board must give written notice to any person who has made a complaint to the Board about an architect of its determination that an inquiry should or should not be held under this Part into that architect's fitness to practise or professional conduct.

Pt 4 Div. 1A (Heading and ss 18E–18J) inserted by No. 35/2004 s. 16.

Division 1A—Mediation

S. 18E inserted by No. 35/2004 s. 16.

18E Appointment of mediator

(1) The Board must appoint a person as mediator for each complaint referred under Division 1 for mediation.

(2) A person appointed under subsection (1) must hold qualifications in, or be experienced in the conduct of, mediations.

S. 18F inserted by No. 35/2004 s. 16.

18F Notice of mediation

(1) The Board must give written notice in accordance with the regulations of a mediation to the complainant and the architect concerned setting out the time and place that the mediation will be held.

(2) A mediation must be held in relation to a complaint before the end of 28 days after the referral of the complaint to mediation.

S. 18G inserted by No. 35/2004 s. 16.

18G Procedure for mediation

Subject to the regulations, the procedure for mediation is at the discretion of the mediator.

S. 18H inserted by No. 35/2004 s. 16.

18H Report to Board

The mediator of a complaint must report in writing to the Board—

(a) on whether or not the mediation has been successful; or

(b) if the mediation does not take place within 28 days after the Board refers the complaint for mediation.

S. 18I inserted by No. 35/2004 s. 16.

18I Confidentiality

(1) A mediator who mediates a complaint cannot be appointed as a member of the Tribunal to conduct any inquiry into a matter to which the complaint relates.

(2) Anything said or done in the course of mediation must be kept confidential and cannot be used in any inquiry under this Part, unless all parties to the mediation agree in writing to the use of the information.

S. 18J inserted by No. 35/2004 s. 16.

18J Mediation does not prevent determination that inquiry should be held

Nothing in this Division prevents the Board from determining under Division 1 that an inquiry should or should not be held under this Part into an architect's fitness to practise or professional conduct.

Division 2—Tribunal

19 Tribunal to conduct inquiry for the Board

Each inquiry concerning an architect must be conducted by a Tribunal constituted under this Division.

S. 20 amended by No. 35/2004 s. 17.

20 Constitution of Tribunal

The Board may constitute a Tribunal to conduct—

(a) all inquiries concerning architects; or

(b) any class of inquiries concerning architects; or

(c) an inquiry concerning a particular architect.

S. 21 substituted by No. 35/2004 s. 18.

21 Membership of Tribunal

(1) A Tribunal must consist of—

(a) one person who is a practising architect; and

(b) one person who is not an architect; and

(c) one person who is a representative of consumer interests.

(2) The members of a Tribunal must be chosen from a panel of persons appointed by the Minister under section 21A.

(3) A member of the Board cannot be a member of a Tribunal.

(4) At least one member of a Tribunal is to be a person with legal experience and knowledge.

(5) A Tribunal must elect one of its members to be the Chairperson of the Tribunal.

S. 21A inserted by No. 35/2004 s. 18.

21A Appointment of panel

(1) The Minister may appoint persons recommended under this section to a panel for the purposes of this Part.

S. 21A(1A) inserted by No. 11/2023 s. 58.

(1A) A person may be appointed to a panel for a period of up to 5 years specified in the instrument of appointment.

(2) The Director of Consumer Affairs Victoria may recommend to the Minister persons who are representative of consumer interests for appointment to the panel.

(3) The Board may recommend to the Minister practising architects and other suitably qualified persons for appointment to the panel.

S. 22 amended by No. 35/2004 s. 19, substituted by No. 11/2023 s. 59.

22 Remuneration

A person appointed under section 21A is entitled to receive any fees or allowances determined by the Minister.

S. 23 repealed by No. 35/2004 s. 20.

24 Procedure

(1) The Tribunal must meet at the times and places determined by the Chairperson of the Tribunal.

(2) The decision of the Tribunal on a matter must be taken to be the decision of the Board.

Division 3—Procedure on inquiry

25 Appearance of parties

(1) An architect who is the subject of an inquiry may appear at the inquiry in person or by a representative.

(2) If an architect who is the subject of an inquiry does not attend in person or by a representative at the time and place fixed for the hearing, the Tribunal may proceed in his or her absence.

26 Tribunal may direct public inquiry

(1) The Tribunal may direct whether or not the whole or any specified part of an inquiry will be open to the public.

(2) The Tribunal may give directions prohibiting or restricting disclosure (by publication or otherwise) of evidence given at any part of an inquiry.

(3) A person to whom a direction under subsection (2) relates must comply with it.

1. 50 penalty units.

27 Notice

If the Tribunal decides to hold an inquiry, it must, at least 14 days before the inquiry is held, send by registered post to the architect concerned a notice—

(a) stating its intention, the kind of inquiry to be held, the grounds for the inquiry and the place and time at which it is to be held; and

(b) inviting the architect to explain his or her behaviour personally or in writing; and

(c) containing any other prescribed information.

S. 28 amended by No. 35/1996 s. 453(Sch. 1 item 7), substituted by No. 18/2005 s. 18(Sch. 1 item 6).

28 Assisting counsel

(1) The Tribunal may appoint an Australian legal practitioner to assist it in the conduct of an inquiry.

(2) The Board must pay the fees of any Australian legal practitioner assisting the Tribunal.

S. 28(3) repealed by No. 17/2014 s. 160(Sch. 2 item 6).

29 Interested members

(1) A member of the Board who has been involved in investigating a matter being inquired into by the Tribunal—

(a) must disclose the interest to the Chairperson of the Board as soon as possible after becoming aware that the inquiry is to be held; and

S. 29(1)(b) repealed by No. 35/2004 s. 21(1).

S. 29(1)(c) amended by No. 35/2004 s. 21(2).

(c) must not attend, vote at or take part in, any proceedings of the inquiry.

S. 29(2) repealed by No. 35/2004 s. 21(3).

30 Procedure

At an inquiry—

(a) subject to this Part, the procedure of the Tribunal is in its discretion; and

(b) the proceedings must be conducted with as little formality and technicality as the requirements of this Act and the proper consideration of the matter permit; and

(c) the Tribunal is not bound by rules of evidence but may inform itself in any way it thinks fit; and

S. 30(d) amended by No. 6/2018 s. 68(Sch. 2 item 7).

(d) the Tribunal may require evidence to be given on oath or by affirmation and any member may administer an oath or an affirmation for that purpose; and

(e) the Tribunal is bound by the rules of natural justice.

S. 31 amended by Nos 69/2009 s. 54(Sch. Pt 2 item 5), 67/2014 s. 147(Sch. 2 item 4).

31 Powers

Sections 14, 15, 16 and 21A of the Evidence (Miscellaneous Provisions) Act 1958, as in force immediately before their repeal, apply to the Tribunal in the conduct of an inquiry as if it were a Board or the Chairman of a Board appointed by the Governor in Council.

Division 4—Determinations of Tribunal

32 Grounds for disciplinary action against a registered architect

If after considering the submissions made at an inquiry the Tribunal finds that—

S. 32(aa) inserted by No. 43/2024 s. 54.

(aa) the architect ceases to be a fit and proper person having regard to the probity matters set out in section 10A; or

(a) the architect is careless or incompetent in his or her practice; or

(b) the professional standards of the architect are demonstrably lower than the standards which a competent architect should meet; or

(c) the architect is guilty of unprofessional conduct; or

(d) the architect has breached or failed to comply with any provision of this Act; or

S. 32(da) inserted by No. 21/2017 s. 111.

(da) the architect has breached or failed to comply with section 16(4) of the Building Act 1993; or

S. 32(db) inserted by No. 21/2017 s. 111.

(db) the architect who is a builder named in a building permit has breached or failed to comply with section 16(4A) of the Building Act 1993; or

S. 32(dc) inserted by No. 3/2020 s. 8.

(dc) the architect has not completed the relevant prescribed continuing professional development requirements (if any); or

(e) the architect has been convicted in Victoria of an indictable offence or has elsewhere been convicted of an offence which if committed in Victoria, would be an indictable offence; or

(f) the registration of the architect has been obtained by fraud or misrepresentation or concealment of facts—

the Tribunal may make one or more of the following determinations—

(g) to caution the architect;

(h) to reprimand the architect;

(i) to require the architect to undertake further education of a kind, and to complete it within a period, stated in the determination;

(j) to impose a condition or limitation on the architect's registration relating to the architect's practice;

(k) to impose a penalty not exceeding 50 penalty units;

(l) to suspend the architect's registration for the period stated in the determination;

(m) to cancel the architect's registration—

and may make any determination as to costs that it thinks fit.

33 Determination and reasons

(1) A determination made on an inquiry comes into operation on its making or at any later time stated in the determination.

(2) As soon as possible after making a determination on an inquiry the Tribunal must give to the person to whom the determination relates a written statement setting out its determination.

(3) A person affected by a determination made on an inquiry may, by notice in writing given to the Board within 2 months after the date on which the determination is made request the Board for the reason for the determination.

(4) As soon as possible but not later than one month after receiving the request, the Board must give the applicant a written statement setting out the determination made on the inquiry, the reason for the determination and the findings of fact on which they were based.

34 Publication of determination

(1) The Registrar must publish a notice of a determination of the Tribunal to cancel or suspend an architect's registration—

S. 34(1)(a) amended by No. 52/1998

(a) if the determination has been reviewed by the Victorian Civil and Administrative Tribunal and upheld, as soon as practicable after the determination of the Victorian Civil and Administrative Tribunal; and

S. 34(1)(b) amended by No. 52/1998

(b) if the determination is not reviewed by the Victorian Civil and Administrative Tribunal, as soon as practicable after the period specified in section 44 within which the person concerned can seek a review of a determination of the Tribunal under this Act has expired.

(2) The notice must be published in a manner determined by the Board.

(3) The notice must set out the following particulars—

(a) the name of the person to whom the inquiry relates; and

(b) the nature of the inquiry; and

(c) the determination made by the Tribunal.

35 Enforcement of determination

(1) The Board must take all action necessary to give effect to a determination made on an inquiry.

(2) Action under subsection (1) includes, but is not limited to—

(a) the amendment of a certificate of registration; and

(b) the recording of matters in the Register.

(3) A determination that is made on an inquiry and that imposes a penalty or costs may be enforced as if it were an order of the Magistrates' Court made on a conviction for an offence.

(4) Without limiting the meaning of unprofessional conduct an architect who does not comply with a determination of the Tribunal under section 32 is guilty of unprofessional conduct.

Division 5—Board's powers

S. 36 substituted by No. 3/2020 s. 9.

36 Cancellation on withdrawal of qualification

Without an inquiry being held under Division 2, the Board may cancel an architect's registration if the Board is satisfied that the qualification which made the architect eligible to be registered has been withdrawn.

S. 36A inserted by No. 35/2004 s. 22, substituted by No. 3/2020 s. 10.

36A Immediate suspension of registration

(1) The following are the grounds on which the Board may immediately suspend the registration of an architect before an inquiry is held under Division 2 concerning the architect—

(a) the architect has contravened a prescribed provision of this Act or the regulations;

(b) the architect has failed to comply with a condition of, or limitation on, the architect's registration;

S. 36A(1)(c) amended by No. 43/2024 s. 55.

(c) the architect has ceased to be a fit and proper person having regard to the probity matters set out in section 10A;

(d) the architect has been convicted of an indictable offence involving fraud, dishonesty, drug trafficking or violence;

(e) the architect has been the subject of multiple adverse disciplinary actions by the Board or the Tribunal;

(f) if the architect is required under this Act to be covered by the required insurance—

(i) the architect has not provided the required proof of insurance under section 15A; or

(ii) the Board is satisfied that the architect is not covered by the required insurance;

(g) if an architect is required under this Act to comply with any continuing professional development requirements—

(i) the architect has not provided the required proof of such compliance under section 15B; or

(ii) the Board is satisfied that the person has not completed the relevant continuing professional development requirements.

(2) The Board may, by written notice given to an architect, immediately suspend the registration of the architect if—

(a) the Board reasonably believes that a ground for immediate suspension under subsection (1)(a), (b) or (c) exists in relation to the architect; or

(b) a ground for immediate suspension exists under subsection (1)(d), (e), (f) or (g) in relation to the architect.

(3) The Board may suspend a registration under subsection (2) either wholly or as a partial suspension in relation to a specified matter.

(4) The notice must state the following—

(a) the decision;

(b) the ground or grounds under subsection (1) for the decision;

(c) the period of the suspension;

(d) that the architect may apply to VCAT under Part 5 for review of the decision.

(5) The Board must provide written reasons for the immediate suspension within 5 business days after giving the notice to the architect.

(6) A suspension under subsection (2)—

(a) takes effect when the notice is given to the architect; and

(b) continues for the period specified in the notice unless either of the following occurs—

(i) the suspension is revoked by the Board; or

(ii) the suspension is set aside on an application for review under Part 5.

(7) If an architect's registration has been suspended under this section, the Board must determine that an inquiry be held under this Part without delay into the architect's fitness to practise or professional conduct.

(8) The Board must revoke a suspension under subsection (2) if the Board determines that no ground for immediate suspension under subsection (1) exists.

(9) The Board must revoke a suspension on the ground under subsection (1)(f) if the architect gives the Board written proof that—

(a) the architect is covered by the required insurance; and

(b) the insurance cover is provided until 30 June of the following year or any lesser period approved by the Board.

37 Cancellation or suspension of approval

(1) The Board may suspend an approval under section 13 or 14 if the Board is satisfied that the company or the members of the partnership have failed to comply with a direction of the Board under section 13(3), 14(4) or the regulations.

S. 37(2) amended by No. 35/2004 s. 23(1).

(2) The Board may suspend or cancel the approval of a partnership if the Board is satisfied that the partnership no longer fulfils the criteria in section 13.

S. 37(3) amended by No. 35/2004 s. 23(2).

(3) The Board may suspend or cancel the approval of a company if the Board is satisfied that the company no longer fulfils the criteria in section 14.

(4) The Board must give written notice of the cancellation or suspension of approval to the partnership or company concerned.

(5) The cancellation or suspension takes effect 14 days after notice is given under subsection (4) unless an application for review is lodged under section 43 within that period.

S. 37(6) amended by No. 52/1998

(6) If an application for review has been lodged under section 43 and the Victorian Civil and Administrative Tribunal confirms the suspension or cancellation, the suspension or cancellation takes effect upon the making of that determination.

38 Return of document

(1) If, an architect's registration is cancelled or suspended, the holder of the certificate of registration must, within 14 days after the date on which notice of the determination is given, return the certificate of registration to the Board.

1. 5 penalty units.

S. 38(2) amended by No. 35/2004 s. 23(3).

(2) If a partnership's or company's approval is cancelled or suspended, the holder of the certificate of approval must, within 14 days after the date on which notice of the determination is given, return the certificate of approval to the Board.

1. 5 penalty units.

(3) The Board must return a certificate of registration or approval to the holder of the certificate as soon as possible—

(a) after the end of the suspension period; or

(b) if the suspension is sooner revoked, after that revocation.

39 Effect of suspension or variation

S. 39(1) amended by No. 43/2024 s. 56(1).

(1) While a person's registration is suspended, the person must be taken not to be registered under this Act, other than for the purposes of this Part.

S. 39(2) amended by Nos 35/2004 s. 23(4), 43/2024 s. 56(2).

(2) While an approval under this Act is suspended, the partnership or company concerned must be taken not to be an approved partnership or an approved company, other than for the purposes of this Part.

40 Revocation of suspension

(1) The Board may at the request of the person concerned or on its own initiative revoke the suspension of the person's registration.

S. 40(1A) inserted by No. 35/2004 s. 24, repealed by No. 3/2020 s. 11.

(2) The Board may at the request of the company or a member of the partnership concerned or on its own initiative revoke the suspension of the company's or partnership's approval.

(3) The Board must without delay give written notice of the revocation to the person, partnership or company concerned.

41 Publication of cancellations and suspensions

The Board may from time to time cause details to be published of any registrations or approvals which have been suspended or cancelled under this Act.

Pt 5
(Heading) amended by No. 52/1998
s. 311(Sch. 1 item 5.2).

Part 5—Review by Victorian Civil and Administrative Tribunal

S. 42 (Heading) inserted by No. 35/2004 s. 25(1).

S. 42 amended by No. 52/1998
s. 311(Sch. 1 item 5.3(a)).

42 Review by VCAT—architects

(1) A person may apply to the Victorian Civil and Administrative Tribunal for review of—

S. 42(1)(a) amended by No. 43/2024 s. 57(a).

(a) a determination refusing the person's application for registration or renewal of registration; or

S. 42(1)(b) amended by No. 43/2024 s. 57(b)(i).

(b) a failure to grant the person's application for registration or renewal of registration within the prescribed time after—

(i) the person gives the Board further information or material that it requires; or

S. 42(1)(b)(ii) amended by No. 43/2024 s. 57(b)(ii).

(ii) the date on which the application for registration or renewal of registration was made; or

(c) a determination made at an inquiry concerning the person; or

S. 42(1)(d) amended by No. 35/2004 s. 25(2).

(d) a determination cancelling or suspending the person's registration made under section 36 or 36A; or

(e) a determination refusing to revoke the suspension of the person's registration; or

S. 42(1)(f) amended by No. 52/1998
s. 311(Sch. 1 item 5.3(b)).

(f) a failure to grant a request to revoke the suspension of the person's registration within the prescribed time after the date on which the request was made.

S. 42(1)(g) repealed by No. 52/1998
s. 311(Sch. 1 item 5.3(c)).

S. 42(2) inserted by No. 52/1998
s. 311(Sch. 1 item 5.4), amended by No. 35/2004 s. 25(3).

(2) A person whose interests are affected by a determination by the Board that an inquiry should not be held into an architect's fitness to practise or professional conduct may apply to the Victorian Civil and Administrative Tribunal for review of the determination.

S. 43 (Heading) inserted by No. 35/2004 s. 25(4).

S. 43 amended by No. 52/1998
s. 311(Sch. 1 item 5.5).

43 Review by VCAT—approved partnerships and approved companies

A company or member of a partnership may apply to the Victorian Civil and Administrative Tribunal for review of—

S. 43(a) amended by No. 43/2024 s. 58(a).

(a) a determination refusing the company's or partnership's application for approval or renewal of approval; or

S. 43(b) amended by No. 43/2024 s. 58(b)(i).

(b) a failure to grant the company's or partnership's application for approval or renewal of approval within the prescribed time after—

(i) the company or partnership gives the Board further information or material that it requires;

S. 43(b)(ii) amended by No. 43/2024 s. 58(b)(ii).

(ii) the date on which the application for approval or renewal of approval was made; or

(c) a determination cancelling or suspending the company's or partnership's approval under section 37; or

(d) a determination refusing to revoke the suspension of the company's or partnership's approval; or

(e) a failure to grant a request to revoke the suspension of the company's or partnership's approval within the prescribed time after the date on which the request was made.

S. 44 substituted by No. 52/1998
s. 311(Sch. 1 item 5.6).

44 Time limits for applying for review

An application for review under this Part must be made—

(a) in the case of an application under section 43(c)—within 14 days after the day on which the Board gives notice of the determination to the company or partnership; or

(b) in the case of an application under section 42(1)(b) or (f) or 43(b) or (e)—within 3 months after the day on which the relevant prescribed time ends; or

(c) in any other case—within 3 months after the day on which the Board or Tribunal gives notice of the determination to the person, company or partnership.

Part 6—Architects Registration Board of Victoria

45 Establishment of Board

(1) There is established a Board to be called the Architects Registration Board of Victoria.

(2) The Board—

(a) is a body corporate with perpetual succession;

(b) shall have a common seal;

(c) may acquire, hold and dispose of real and personal property;

(d) may sue and be sued in its corporate name;

(e) may do and suffer all acts and things that a body corporate may by law do and suffer.

(3) The common seal of the Board must be kept as directed by the Board and must be used only as authorised by the Board.

(4) All courts must take judicial notice of the seal of the Board on a document and must presume that the document was properly sealed.

S. 46 amended by No. 34/2013 s. 13 (ILA s. 39B(1)).

46 Powers and duties of Board

(1) The Board may—

(a) determine the qualifications and experience required for registration under this Act;

(b) regulate the examination of persons applying for registration under this Act;

(c) in association with the approved schools of architecture, assess and accredit courses in architecture;

(d) hold examinations and appoint examiners;

(e) issue or cancel certificates of registration or approval;

(f) in accordance with this Act, suspend or cancel the registration of any person under the Act;

S. 46(g) amended by No. 35/2004 s. 26(1).

(g) in accordance with this Act, approve partnerships and companies and cancel or suspend an approval;

(h) revoke any suspension;

S. 46(i) substituted by No. 35/2004 s. 26(2).

(i) regulate the professional conduct of architects, approved partnerships and approved companies;

(j) publish information relating to the operation of the Board and this Act;

(k) investigate and take proceedings for offences against this Act;

(l) generally carry out any other powers and functions which are given to it by this Act or which are necessary to implement this Act.

S. 46(2) inserted by No. 34/2013 s. 13.

(2) The Board must advise the Minister on the carrying out of the Board's functions under this Act and on any other matter referred to it by the Minister.

S. 47 amended by Nos 17/1999 s. 20, 21/2012 s. 239(Sch. 6 item 3), 35/2004 s. 27(1)–(3), substituted by No. 11/2023 s. 60.

47 Membership

(1) The Board is to consist of at least 3 and no more than 9 members appointed by the Governor in Council on the recommendation of the Minister.

(2) In recommending members of the Board, the Minister must ensure that—

(a) at least 3 of the members—

(i) are architects; and

(ii) each have demonstrated experience in a leadership role within the building industry; and

(b) each member has the skills, knowledge or experience in relation to at least one of the following—

(i) administration of regulatory arrangements for the building industry;

(ii) public engagement and communications;

(iii) risk management;

(iv) public administration or governance;

(v) financial, accounting or program management;

(vi) strategic planning;

(vii) architecture; and

(c) collectively, the members of the Board have the skills, knowledge or experience in relation to the matters set out in paragraph (b).

S. 48 repealed by No. 11/2023 s. 61.

49 Terms of appointment

S. 49(1) amended by Nos 3/2020 s. 12, 11/2023 s. 62.

(1) A member of the Board holds office for the period of up to 5 years specified in the instrument of appointment.

(2) A member is eligible for re-appointment.

S. 50 amended by No. 11/2023 s. 63.

50 Remuneration

A member of the Board is entitled to receive the remuneration and allowances determined by the Minister.

S. 50(2) repealed by No. 35/2004 s. 27(4).

51 Vacancies

(1) A member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council.

S. 51(2) amended by No. 11/2023 s. 64.

(2) The Governor in Council, on the recommendation of the Minister, may at any time remove a member of the Board from office.

(3) If a member of the Board dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, fill the vacant office.

S. 51(4) repealed by No. 3/2020 s. 13.

52 Chairperson

S. 52(1) substituted by No. 11/2023 s. 65(1).

(1) The Minister must appoint one of the members of the Board to be Chairperson of the Board.

(2) The Chairperson holds office as Chairperson for his or her period of appointment as a member or until he or she resigns as Chairperson.

S. 52(3) amended by No. 11/2023 s. 65(2).

(3) A person who is re-appointed as a member of the Board is eligible to be re-appointed as Chairperson by the Minister.

S. 52(4) repealed by No. 11/2023 s. 65(3).

53 Deputy Chairperson

S. 53(1) substituted by No. 11/2023 s. 66(1).

(1) The Minister must appoint one of the members of the Board to be Deputy Chairperson of the Board.

(2) The Deputy Chairperson holds office as Deputy Chairperson for his or her period of appointment as a member or until he or she resigns as Deputy Chairperson.

S. 53(3) amended by No. 11/2023 s. 66(2).

(3) A person who is re-appointed as a member of the Board is eligible to be re-appointed as Deputy Chairperson by the Minister.

S. 53(4) repealed by No. 11/2023 s. 66(3).

(5) In the absence or inability to act of the Chairperson the Deputy Chairperson may exercise all the powers and must carry out all the duties of the Chairperson.

54 Procedure of Board

(1) The Chairperson or in the absence of the Chairperson, the Deputy Chairperson, must preside at a meeting of the Board at which he or she is present.

(2) If neither the Chairperson nor Deputy Chairperson are present at a meeting the members present may elect a member to preside at the meeting.

(3) The person presiding at a meeting has a deliberative vote and a second or casting vote.

S. 54(4) amended by No. 35/2004 s. 28, substituted by No. 11/2023 s. 67.

(4) A majority of the members of the Board constitute a quorum, which must include the Chairperson or the Deputy Chairperson.

(5) Subject to this Act the Board may regulate its own proceedings.

55 Effect of vacancy or defect

An act or decision of the Board is not invalid only because—

(a) of a vacancy in its membership; or

(b) of a defect or irregularity in the appointment of any of its members.

56 Immunity

(1) A member of the Board or the Registrar is not personally liable for anything done or omitted to be done in good faith and without negligence—

(a) in the exercise of a power or the discharge of a duty under this Act; or

(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act.

(2) Any liability resulting from an act or omission that would but for subsection (1) attach to a member of the Board or the Registrar attaches instead to the Board.

57 Appointment of Registrar and other officers

(1) The Board may appoint a Registrar and such other officers as are necessary for the purposes of this Act.

(2) The Registrar is responsible for keeping the Register.

(3) The Board may appoint a person to act as Registrar if the Registrar is unable to perform the duties of his or her office.

(4) The acting Registrar has all the powers and must perform the duties of the Registrar during his or her period of appointment as acting Registrar.

S. 57A inserted by No. 3/2020 s. 14.

57A Delegation power of the Board

The Board may by instrument delegate any of the Board's functions, powers or duties under this Act to the Registrar or any other officer appointed under section 57.

S. 57B inserted by No. 11/2023 s. 68.

57B Strategic plan

(1) Within 3 months of the commencement of this section, the Board must prepare a 4-year strategic plan and submit a draft of the plan to the Minister for approval.

(2) The Board must prepare and submit a draft of a
4-year strategic plan to the Minister for approval within 6 months before the expiry of each previous approved plan.

(3) A strategic plan prepared under subsection (1) or (2) must contain the following—

(a) a vision statement;

(b) a mission statement;

(c) a statement of values;

(d) objectives to be met during the course of the plan;

(e) details of the strategic initiatives which will enable the Board to meet those objectives.

(4) The Minister on receiving a draft of a strategic plan submitted under subsection (1) or (2) may—

(a) approve the plan; or

(b) reject the plan and ask the Board to submit an amended draft of the plan for approval by the Minister, which contains or addresses the changes requested by the Minister.

(5) If a strategic plan prepared under subsection (1) or (2) has been approved by the Minister, the Board must—

(a) adopt and implement the plan; and

(b) publish the plan, and keep it published, on its website.

(6) A strategic plan that has been approved by the Minister expires 4 years after the approval.

(7) The Board must in its annual report of operations prepared for the purposes of section 45 of the Financial Management Act 1994 report on its progress in implementing its strategic plan.

Part 7—Financial provisions

58 Payment of fees and penalties to Board

All fees and penalties paid or recovered under this Act must be paid to the Board.

59 Application of fees and penalties

(1) The Board must—

(a) apply any money received under this Act to the payment of—

(i) the expenses connected with the examination of candidates;

(ii) the fees and allowances payable to the members of the Board and the Tribunal; and

(iii) the general expenses of the Board in carrying this Act into effect; and

(b) apply any money not required under paragraph (a), at its discretion, for the purpose of the advancement of architectural education in any manner the Board determines.

(2) The Board may invest any money received under this Act in any manner approved by the Treasurer.

Ss 60–62 repealed by No. 31/1994
s. 4(Sch. 2 item 7).

Part 8—Enforcement

63 Charge for offence

(1) A charge for an offence against this Act may be filed by the Registrar or any other officer authorised by the Board.

(2) Any prosecution instituted in the name of the Board must, in the absence of evidence to the contrary, be taken to have been instituted by authority of the Board.

(3) A charge for an offence against this Act must be filed within 5 years after the commission of the offence.

64 No proof required

In any proceedings by or against the Board or the Registrar or before the Tribunal no proof is required (until evidence is given to the contrary) of—

(a) the due constitution of the Board; or

(b) any resolution or determination of the Board or a Tribunal; or

(c) the appointment of any member of the Board or Tribunal or the Registrar; or

(d) the presence of a quorum at any meeting at which any determination is made or any act is done by the Board.

65 Evidence of Register

(1) The Register or a supplementary list published under section 17 or a document certified by the Registrar to be a copy of or extract from the Register or list, is evidence and, in the absence of evidence to the contrary is proof of the matters set out in the document.

(2) The absence of a person's name from the Register or a supplementary list is evidence and in the absence of evidence to the contrary, is proof that the person is unregistered.

S. 65(3) amended by No. 35/2004 s. 29(1).

(3) The absence of a company's name from the Register or a supplementary list is evidence and in the absence of evidence to the contrary, is proof that the company is not an approved company.

S. 65(4) amended by No. 35/2004 s. 29(2).

(4) The absence of a partnership's name from the Register or a supplementary list is evidence and in the absence of evidence to the contrary, is proof that the partnership is not an approved partnership.

66 Statement of Registrar

Each of the following statements is evidence and, in the absence of evidence to the contrary, is proof of the matters stated—

(a) a statement in writing appearing to be signed by the Registrar to the effect that, at a particular time, a person is or was not registered under this Act or a person's registration under this Act is or was suspended;

S. 66(b) amended by No. 35/2004 s. 30(a).

(b) a statement in writing appearing to be signed by the Registrar to the effect that, at a particular time, a company is or was not an approved company under this Act or that a company's approval is or was suspended;

S. 66(c) amended by No. 35/2004 s. 30(b).

(c) a statement in writing appearing to be signed by the Registrar to the effect that at a particular time, a partnership is or was not an approved partnership under this Act or that a partnership's approval is or was suspended;

(d) a statement in writing appearing to be signed by the Registrar setting out the contents of a determination of the Board or a Tribunal and the date when it was made.

67 False statements

Any person who—

(a) makes or causes to be made in the Register any entry or alteration which is false or not authorised by law; or

(b) knowingly makes any false statement, written or oral, in connection with any matter being dealt with or considered by the Board; or

(c) falsely states that he or she has obtained any certificate under this Act or has been registered or approved under this Act, or causes or permits any such false statement to be made—

is guilty of an offence and liable to a fine not exceeding 10 penalty units.

68 Offences by bodies corporate

Except where otherwise provided in this Act, if a body corporate is guilty of an offence against this Act, any person who is concerned in or takes part in the management of that body corporate who was in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence.

Part 9—Regulations

69 Regulations

S. 69(1) amended by No. 34/2013 s. 14.

(1) The Governor in Council may make regulations for or with respect to any of the following—

(a) the times for and method of nominating members of the Board and for submitting panels of names for nomination to the Board;

(b) the election of the Chairperson and Deputy Chairperson;

(c) the procedure of the Board;

(d) the qualifications, experience or examinations that make a person eligible to be registered;

(e) the examination of persons for registration and the standards and conduct of examinations;

(f) the remuneration of examiners;

(g) approval by the Board of applicants for admission to examinations;

(h) applications for registration and approval;

S. 69(1)(ha) inserted by No. 35/2004 s. 31(a).

(ha) classes of registration;

(i) the Register and the duties of the Registrar;

S. 69(1)(j) amended by No. 1/2023 s. 31.

(j) the issue, suspension and cancellation of, and information to be contained in, certificates of registration and approval;

(k) approvals under this Act;

(l) publication of information about registrations and approvals and cancellations and suspensions of registrations and approvals;

(m) standards of professional conduct and practice for architects;

S. 69(1)(ma) inserted by No. 3/2020 s. 15.

(ma) continuing professional development requirements for architects;

S. 69(1)(n) amended by No. 35/2004 s. 31(b).

(n) the preparation, publication and implementation of guidelines on professional conduct and practice for architects, approved partnerships and approved companies;

S. 69(1)(o) amended by No. 35/2004 s. 31(c).

(o) regulating advertising by architects, approved partnerships and approved companies;

(p) notices under this Act;

(q) forms for the purpose of this Act;

S. 69(1)(r) amended by No. 43/2024 s. 61(1).

(r) fees for the purpose of this Act, including services provided and work done by persons and bodies;

(s) the verification of information in forms by statutory declaration or otherwise;

(t) providing that an architect who contravenes any specified regulation is guilty of unprofessional conduct;

S. 69(1)(u) amended by No. 35/2004 s. 31(d).

(u) providing that an architect member or director of an approved partnership or approved company which contravenes any specified regulation is guilty of unprofessional conduct;

(v) prescribing penalties not exceeding 20 penalty units for breaches of the regulations;

(w) generally, any matters required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(2) The regulations—

(a) may be of general or limited application; and

(b) may differ according to differences in time, place or circumstance;

(c) may impose different fees for different cases;

(d) may confer discretion or powers or impose duties on the Board, the Registrar or a member of the Board;

(e) may leave anything to the approval or satisfaction of a specified person.

(3) Regulations made under subsection (1)(r) may include regulations prescribing—

(a) fees for applications for registration or approval; and

S. 69(3)(b) amended by No. 43/2024 s. 59.

(b) renewal or reinstatement fees; and

S. 69(3)(ba) inserted by No. 43/2024 s. 61(2).

(ba) late fees if a person, partnership or company has not paid a fee required under this Act by the date or time required under this Act or the regulations; and

(c) fees for alterations to the Register; and

(d) fees for copies of the Register or part of the Register or of supplementary list or part of a supplementary list; and

(e) fees for duplicate certificates; and

(f) fees for certificates of qualification issued by the Board.

S. 69(4) inserted by No. 43/2024 s. 61(3).

(4) A power conferred by this Act to make regulations providing for the imposition of fees may be exercised by providing for the reduction, waiver or refund, in whole or in part, of the fees.

Part 10—Repeals, savings, transitional

Pt 10 Div. 1 (Heading) inserted by No. 3/2020 s. 16.

Division 1—Provisions relating to the repeal of the Architects Act 1958

70 Repeal of Architects Act 1958

The Architects Act 1958 is repealed.

71 Board succeeds old Board

(1) On the commencement of this section—

(a) the Board (the new Board) is the successor in law of the Architects Registration Board of Victoria (the former Board) established under the Architects Act 1958; and

(b) the former Board is abolished and its members go out of office; and

(c) all rights, assets, liabilities and obligations of the former Board immediately before its abolition become rights, assets, liabilities and obligations of the new Board; and

(d) the new Board is substituted for the former Board as a party in any proceedings, contract, agreement or arrangement commenced or made by or against or in relation to the former Board; and

(e) the new Board may continue and complete any other continuing matter or thing commenced by or against or in relation to the former Board; and

(f) any reference to the former Board in—

(i) an Act other than this Act; or

(ii) an subordinate instrument within the meaning of the Interpretation of Legislation Act 1984; or

(iii) any document whatever—

must so far as relates to any period on or after commencement of this section, and if not inconsistent with the context or subject-matter, be taken to be a reference to the new Board.

72 Registrar

(1) The person who immediately before the commencement of section 57 held the office of Registrar of the Architects Registration Board of Victoria under the Architects Act 1958 is the first Registrar of the Board.

(2) The first Registrar continues to hold office on the same terms and conditions and with the same accrued benefits as the Registrar held office immediately before the date of commencement of section 57.

73 Existing registrations

(1) A person who immediately before the date of commencement of Part 3 was registered as an architect under the Architects Act 1958 must be taken to be registered as an architect under this Act.

(2) A firm which immediately before the date of commencement of Part 3 was included in the register under the Architects Act 1958 must be taken to be an approved architectural partnership under this Act.

(3) A company which immediately before the date of commencement of Part 3 was included in the register under the Architects Act 1958 must be taken to be an approved architectural company under this Act.

74 Applications

(1) An application for registration made under the Architects Act 1958 but not determined at the date of commencement of Part 3 must on and from that date be taken to be an application in the prescribed form made for registration under Part 3 of this Act.

(2) If that application was accompanied by the fee prescribed under the Architects Act 1958, the applicant must, for the purposes of this Act, be taken to have paid the prescribed fee under this Act.

(3) Anything done before the commencement of Part 3 in relation to an application to which this section applies is to be treated as having been done under this Act.

75 Register

The Register existing under the Architects Act 1958 immediately before the date of commencement of Part 3 must be taken to form part of the Register established under that Part.

76 Regulations

All regulations existing under the Architects Act 1958 immediately before the date of commencement of section 70 shall continue in force and have the same operation and effect as if they were made under this Act and may be amended or revoked by regulations made under this Act.

Pt 10 Div. 2 (Heading) inserted by No. 3/2020 s. 17.

Division 2—Architects (Amendment) Act 2004

S. 77 inserted by No. 35/2004 s. 32.

77 Transitional—Effect of change of membership

The Board is deemed to be the same body despite the change to its membership made by section 27 of the Architects (Amendment) Act 2004.

S. 78 inserted by No. 35/2004 s. 33.

78 Transitional—Existing approvals

(1) A body that immediately before the date of commencement of section 10 of the Architects (Amendment) Act 2004 was an approved architectural partnership under this Act must be taken to be an approved partnership under this Act.

(2) A body corporate that immediately before the date of commencement of section 11 of the Architects (Amendment) Act 2004 was an approved architectural company under this Act must be taken to be an approved company under this Act.

Pt 10 Div. 3 (Heading and s. 79) inserted by No. 3/2020 s. 18.

Division 3—Building and Environment Protection Legislation Amendment Act 2020

S. 79 inserted by No. 3/2020 s. 18.

79 Transitional and savings provisions—Building and Environment Protection Legislation Amendment Act 2020

(1) The substitution of section 10(a) by section 3 of the amending Act applies in relation to an application for registration as an architect made to the Board under section 9—

(a) on or after the commencement of section 3 of the amending Act; and

(b) before the commencement of section 3 of the amending Act if the application has not been determined before that commencement.

(2) The amendment made to section 49 by section 12 of the amending Act only applies to a member of the Board appointed on or after the commencement of section 12 of the amending Act.

(3) In this section—

amending Act means the Building and Environment Protection Legislation Amendment Act 2020.

Pt 10 Div. 4 (Heading and s. 80) inserted by No. 11/2023 s. 69.

Division 4—Building Legislation Amendment Act 2023

S. 80 inserted by No. 11/2023 s. 69.

80 Transitional and savings provisions—Building Legislation Amendment Act 2023

(1) In this Division—

amending Actmeans the Building Legislation Amendment Act 2023;

commencement day means the commencement of Part 5 of the amending Act.

(2) Despite the amendments made to section 21A by section 58 of the amending Act—

(a) if a person is appointed to a panel immediately before the commencement day and the instrument of appointment provides for a fixed term of appointment, the person continues to be appointed until the end of that term; or

(b) if a person is appointed to a panel immediately before the commencement day and the instrument of appointment does not provide for a fixed term of appointment, the person continues to be appointed as follows—

(i) if the person was appointed within 3 years before the commencement day, the person continues to be appointed until the end of 5 years after the date of the person's appointment;

(ii) if the person was appointed during the period commencing 5 years and ending 3 years before the commencement day, the person continues to be appointed until the end of 3 years after the commencement day;

(iii) if the person was appointed before 5 years before the commencement day, the person continues to be appointed until the end of one year after the commencement day.

(3) Despite the amendments made to Part 6 by Part 5 of the amending Act—

(a) the Board is taken to be the same body and continues in operation; and

(b) a member of the Board appointed immediately before the commencement day continues to be appointed in accordance with the instrument of appointment until the end of the term of the appointment; and

(c) a person appointed as Chairperson or Deputy Chairperson of the Board immediately before the commencement day continues to be so appointed until the end of the term of the appointment; and

(d) the requirement in section 47(2)(d), as inserted by section 60 of the amending Act, that the Minister must ensure that the members of the Board collectively have certain skills, knowledge or experience does not apply until on or after 1 July 2024.

Pt 10 Div. 5 (Heading and ss 81, 82) inserted by No. 43/2024 s. 60.

Division 5—Building Legislation Amendment and Other Matters Act 2024

S. 81 inserted by No. 43/2024 s. 60.

81 Transitional and savings provisions—Building Legislation Amendment and Other Matters Act 2024

(1) In this Division—

amending Act means the Building Legislation Amendment and Other Matters Act 2024;

commencement day means the day on which Division 1 of Part 3 of the amending Act commences.

(2) Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, a person's registration as an architect continues in force on and from the commencement day until the end of the financial year in which Division 1 of Part 3 of the amending Act commences, unless the registration—

(a) is taken to continue in force under section 15AAB(2); or

(b) is earlier cancelled under this Act; or

(c) is suspended under a provision of this Act (other than section 15(2) as in force immediately before the commencement day) at the end of the financial year, in which case the registration continues in force until one month after the suspension ends or is revoked under this Act.

(3) Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, an approval given under section 13 or 14 that is not cancelled before the commencement day continues in force on and from that day until the end of the financial year in which Division 1 of Part 3 of the amending Act commences, unless the approval—

(a) is taken to continue in force under section 15AAC(2); or

(b) is earlier cancelled under this Act; or

(c) is suspended under a provision of this Act (other than section 15(3) as in force immediately before the commencement day) at the end of the financial year, in which case the approval continues in force until one month after the suspension ends or is revoked under this Act.

(4) In subsection (2), a reference to a person's registration as an architect is taken to include a reference to a person's registration that is suspended.

(5) In subsection (3), a reference to an approval given under section 13 or 14 is taken to include a reference to an approval that is suspended.

(6) Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, the Board may revoke a suspension under section 15(2) during the period beginning on the commencement day and ending at the end of the financial year in which Division 1 of Part 3 of the amending Act commences, if the person concerned—

(a) gives a satisfactory explanation of the failure to pay the relevant annual fees referred to in section 15(2) as in force immediately before the commencement day; and

(b) pays to the Board—

(i) the fees referred to in paragraph (a); and

(ii) the prescribed registration reinstatement fee.

(7) Despite the amendments made by Part 3 of the amending Act to Division 3 of Part 3, the Board may revoke a suspension under section 15(3) during the period beginning on the commencement day and ending at the end of the financial year in which Division 1 of Part 3 of the amending Act commences, if the body concerned—

(a) gives a satisfactory explanation of the failure to pay the relevant annual fees referred to in section 15(3) as in force immediately before the commencement day; and

(b) pays to the Board—

(i) the fees referred to in paragraph (a); and

(ii) the prescribed approval reinstatement fee.

S. 82 inserted by No. 43/2024 s. 60.

82 Transitional regulations—Building Legislation Amendment and Other Matters Act 2024

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the amending Act, including any repeals and amendments made as a result of the enactment of that Act.

(2) Regulations made under this section may—

(a) have a retrospective effect to a day that is not before the day on which the amending Act receives the Royal Assent; and

(b) be of limited or general application; and

(c) differ according to time, place or circumstance; and

(d) leave any matter or thing to be decided by a specified person or class of person.

(3) Regulations under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) This section is repealed on the second anniversary of its commencement.

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 30 November 1990

Legislative Council: 26 March 1991

The long title for the Bill for this Act was "A Bill to provide for the registration of architects, to regulate the use of the title 'architect' and for other purposes.".

The Architects Act 1991 was assented to on 23 April 1991 and came into operation on 18 September 1991: Special Gazette (No. 47) 18 September 1991 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Architects Act 1991 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

| Assent Date: | 31.5.94 | | Commencement Date: | S. 4(Sch. 2 item 7) on 1.1.95: Government Gazette 28.7.94 p. 2055 |

Legal Practice Act 1996, No. 35/1996

| Assent Date: | 6.11.96 | | Commencement Date: | S. 453(Sch. 1 item 7) on 1.1.97: s. 2(3) |

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

| Assent Date: | 2.6.98 | | Commencement Date: | S. 311(Sch. 1 item 5) on 1.7.98: Government Gazette 18.6.98 p. 1512 |

Fair Trading (Inspectors Powers and Other Amendments) Act 1999, No. 17/1999

| Assent Date: | 18.5.99 | | Commencement Date: | S. 20 on 1.9.99: Government Gazette 19.8.99 p. 1901 |

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001

| Assent Date: | 7.11.01 | | Commencement Date: | S. 3(Sch. item 1) on 20.12.01: Government Gazette 20.12.01 p. 3127 |

Architects (Amendment) Act 2004, No. 35/2004

| Assent Date: | 8.6.04 | | Commencement Date: | Ss 4–33 on 14.6.05: Government Gazette 5.5.05 p. 851 |

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

| Assent Date: | 24.5.05 | | Commencement Date: | S. 18(Sch. 1 item 6) on 12.12.05: Government Gazette 1.12.05 p. 2781 |

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

| Assent Date: | 24.11.09 | | Commencement Date: | S. 54(Sch. Pt 2 item 5) on 1.1.10: s. 2(2) |

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

| Assent Date: | 8.5.12 | | Commencement Date: | S. 239(Sch. 6 item 3) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 |

Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013

| Assent Date: | 18.6.13 | | Commencement Date: | Ss 13, 14 on 1.7.13: s. 2 |

Legal Profession Uniform Law Application Act 2014, No. 17/2014

| Assent Date: | 25.3.14 | | Commencement Date: | S. 160(Sch. 2 item 6) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 | | Current State: | This information relates only to the provision/s amending the Architects Act 1991 |

Inquiries Act 2014, No. 67/2014

| Assent Date: | 23.9.14 | | Commencement Date: | S. 147(Sch. 2 item 4) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |

Statute Law Revision Act 2015, No. 21/2015

| Assent Date: | 16.6.15 | | Commencement Date: | S. 3(Sch. 1 item 5) on 1.8.15: s. 2(1) |

Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017

| Assent Date: | 23.5.17 | | Commencement Date: | S. 111 on 1.7.18: s. 2(3) |

Oaths and Affirmations Act 2018, No. 6/2018

| Assent Date: | 27.2.18 | | Commencement Date: | S. 68(Sch. 2 item 7) on 1.3.19: s. 2(2) |

Building and Environment Protection Legislation Amendment Act 2020, No. 3/2020

| Assent Date: | 25.2.20 | | Commencement Date: | Ss 3–18 on 28.7.20: Special Gazette (No. 375) 28.7.20 p. 1 |

Building and Planning Legislation Amendment Act 2023, No. 1/2023

| Assent Date: | 28.2.23 | | Commencement Date: | Ss 22–31 on 1.3.23: s. 2 |

Building Legislation Amendment Act 2023, No. 11/2023

| Assent Date: | 6.6.23 | | Commencement Date: | Ss 58–69 on 1.2.24: s. 2(2) |

Building Legislation Amendment and Other Matters Act 2024, No. 43/2024

| Assent Date: | 12.11.24 | | Commencement Date: | S. 61 on 13.11.24: s. 2(1); ss 44–60 on 13.8.25: s. 2(3) |

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3 Explanatory details

No entries at date of publication.