Architects Act 2002
sec.73Board’s decision on investigation about architects
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sec.73 Board’s decision on investigation about architects
This section applies if the board— prepares a report under section 69 (1) about an architect; or receives a report under section 71 (1) about an architect and does not request a further report about the architect under section 71 (3) ; or receives a further report under section 71 (3) about an architect. As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following— start a disciplinary proceeding against the architect; For how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary proceedings). enter into an undertaking agreed with the architect about a matter relating to the architect carrying out architectural services, including, for example, to submit to an audit of the architect’s practice of architecture; caution or reprimand the architect; impose a condition on the architect’s registration; take no further action about the matter the subject of the investigation. If the architect does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) . In acting under subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds. Also, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the architect for an offence. A decision to take action as mentioned in subsection (2) (b) to (e) does not prevent the board taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct or practice that may result in starting a disciplinary proceeding against the architect. s 73 amd 2010 No. 18 s 23 ; 2020 No. 24 s 18 (sec.73-ssec.1) This section applies if the board— prepares a report under section 69 (1) about an architect; or receives a report under section 71 (1) about an architect and does not request a further report about the architect under section 71 (3) ; or receives a further report under section 71 (3) about an architect. (sec.73-ssec.2) As soon as practicable after preparing the report, or receiving the report or further report, the board must decide to do 1 or more of the following— start a disciplinary proceeding against the architect; For how to start a disciplinary proceeding, see part 8 (Reviews and disciplinary proceedings). enter into an undertaking agreed with the architect about a matter relating to the architect carrying out architectural services, including, for example, to submit to an audit of the architect’s practice of architecture; caution or reprimand the architect; impose a condition on the architect’s registration; take no further action about the matter the subject of the investigation. (sec.73-ssec.3) If the architect does not comply with an undertaking entered into under subsection (2) (b) , the board may decide to take another action mentioned in subsection (2) . (sec.73-ssec.4) In acting under subsection (2) , the board must have regard to the main objects of this Act and the disciplinary grounds. (sec.73-ssec.5) Also, regardless of what the board decides under subsection (2) (a) to (d) , the board may start proceedings to prosecute the architect for an offence. (sec.73-ssec.6) A decision to take action as mentioned in subsection (2) (b) to (e) does not prevent the board taking the matter the subject of the investigation into consideration at a later time as part of a pattern of conduct or practice that may result in starting a disciplinary proceeding against the architect.