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Architects Act 2003
47Functions of Tribunal in applications for disciplinary findings
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#### 47 Functions of Tribunal in applications for disciplinary findings
47 Functions of Tribunal in applications for disciplinary findings
> > (1) If any application is made under this Division for a disciplinary finding in relation to an architect, the Tribunal is to determine whether or not the architect is guilty of unsatisfactory professional conduct or professional misconduct.
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> > (2) If the Tribunal finds that the architect is guilty of unsatisfactory professional conduct, the Tribunal may make any one or more of the following decisions—
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> > > (a) caution or reprimand the architect,
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> > > (b) order the withholding or refunding of part or all of the payment for the architectural services that are the subject of the complaint,
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> > > (c) direct that such conditions relating to the architect’s practice of architecture as it considers appropriate be imposed on the architect’s registration,
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> > > (d) order that the person complete any educational course or courses specified by the Tribunal,
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> > > (e) order that the person report on his or her architectural practice at specified times, in a specified manner and to specified persons,
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> > > (f) order that the person seek and take advice, in relation to the management of his or her architectural practice, from a specified person or persons,
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> > > (g) order the architect to pay a fine of an amount not exceeding 200 penalty units.
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> > (3) If the Tribunal finds that the architect is guilty of professional misconduct, the Tribunal may (in addition to any decision made under subsection (2))—
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> > > (a) order the suspension of the architect’s registration for such period as the Tribunal thinks fit, or
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> > > (b) order the cancellation of the architect’s registration.
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> > (4) The Tribunal is to dismiss an application under this section if it finds that the architect is not guilty of unsatisfactory professional conduct or professional misconduct.
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> > (5) If the Tribunal orders the cancellation of the architect’s registration, it may also order that the person cannot apply to be re-registered within such period (including the person’s lifetime) as may be specified by the Tribunal.
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> > (6) If an architect’s registration is suspended by the Tribunal, the Registrar is to note in the Register the suspension and its date and cause.
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> > (7) If the architect is not registered, an order or direction can still be given under this section but has effect only so as to prevent the person being registered unless the order is complied with or to require the conditions concerned to be imposed when the person is registered, as appropriate.