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Australian Capital Territory
Architects Act 2004
A2004-20
Republication No 18
Effective: 16 November 2025
Republication date: 16 November 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Architects Act 2004 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also
includes any commencement, amendment, repeal or expiry affecting this republished law to
16 November 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Architects Act 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Offences against Act—application of Criminal Code etc 3
Part 2 Objects and important concepts for Act
6 Objects 4
7 Meaning of architectural service for Act 4
Part 3 Registration
Division 3.1 Registration of architects
8 Eligibility for registration 5
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9 Decision on registration application 6
10 Registration conditions 7
11 Inclusion of details in register 8
12 Term of registration 8
Division 3.2 Architects register
13 Registrar 8
14 Board to keep register 9
15 Exception to public inspection 9
16 Correction of errors 10
17 Information may be shared 10
18 Notice of intention to remove from register 10
19 Requirement to remove register information 11
20 Register information may be removed 11
Division 3.3 Nominees
21 Meaning of mandatory requirement for div 3.3 12
22 Appointment of nominees 12
23 Only nominee is primary nominee 13
24 Primary nominee in partnership 13
25 Primary nominee in corporation 13
26 Change of primary nominee 14
27 When person no longer nominee 14
28 Nominee’s resignation 14
29 Revocation of nominee’s appointment 14
30 Role of nominees 15
31 Legislation Act and nominee appointments 16
32 Firm to tell board about nominee ceasing 16
Part 4 Complaints
33 Meaning of architect for pt 4 17
34 Who may complain? 17
35 Form of complaint 17
36 Withdrawal of complaints 18
37 Further information about complaint etc 18
38 Investigation of complaint 18
Contents
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39 No further action on complaint 19
40 Action after investigating complaint 19
Part 5 Occupational discipline—architects
41 Meaning of architect—pt 5 21
42 Grounds for occupational discipline 21
43 Application to ACAT for occupational discipline 22
44 Considerations before making occupational discipline orders 22
45 Giving local registering authorities information about cancelling or
suspending registration 23
Part 6 Offences
56 Individual not registered or nominee for pt 6 24
57 Individual pretending to be registered 24
58 Firm offering architectural services without nominee 24
59 Unregistered individual advertising 25
60 Individual advertising without details 25
61 Firm advertising without details 26
62 Firm’s business correspondence without required details 27
63 Provision of architectural services by third party 28
Part 7 Architects board
Division 7.1 Establishment and functions of board
64 Establishment of board 29
65 Board functions 29
66 Exercise of board functions 30
67 Annual report by board 30
68 Ministerial directions to board 31
69 Board to comply with directions under s 68 32
69A Delegation by board 32
Division 7.2 Board members
70 Board membership 32
71 Term of board member appointments 33
72 Board chairperson and deputy chairperson 33
73 Disclosure of interests by board members 34
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74 Ending appointment of board member 35
Division 7.3 Board proceedings
75 Calling board meetings 35
76 Board procedures 36
Division 7.4 Board committees
77 Establishment of committees 37
78 Exercise of committee functions 37
79 Membership of committees 37
80 Reimbursement for committee members 38
Part 8 Protection and information
81 Definitions for pt 8 39
82 Protection of participants and people reporting 39
83 Protection of officials 39
84 Secrecy 40
Part 9 Notification and review of decisions
85 Meaning of reviewable decision—pt 9 42
86 Reviewable decision notices 42
86A Applications for review 42
Part 10 Miscellaneous
87 Board examinations 43
88 Code of professional conduct 43
89 Registered architect to give evidence of insurance 44
90 Evidentiary certificates 45
90A Notifiable instruments under s 8 and Legislation Act, s 47 46
91 Determination of fees 46
92 Approved forms 46
93 Regulation-making power 46
Contents
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Schedule 1 Reviewable decisions 47
Dictionary 48
Endnotes
1 About the endnotes 50
2 Abbreviation key 50
3 Legislation history 51
4 Amendment history 54
5 Earlier republications 59
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Australian Capital Territory
Architects Act 2004
An Act about the provision of architectural services, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Architects Act 2004.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘architects board—see section 64.’
means that the term ‘architects board’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 5
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5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against
this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see
Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Objects and important concepts for Act
Section 6
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Part 2 Objects and important concepts
for Act
6 Objects
(1) The objects of this Act include the following:
(a) to establish a board to regulate the provision of architectural
services by architects;
(b) to ensure that architects provide services to the public
professionally and competently;
(c) to provide ways to discipline architects who are found to have
acted unprofessionally or incompetently;
(d) to ensure that the public has access to information about the
qualifications and competence of architects;
(e) to establish a register of architects to provide that information.
(2) In this section:
architect means a registered person.
7 Meaning of architectural service for Act
(1) In this Act:
architectural service means a service provided in connection with the
design, planning or construction of buildings that is ordinarily
provided by architects.
(2) A regulation may prescribe services that are, and are not, architectural
services.
Registration Part 3
Registration of architects Division 3.1
Section 8
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Part 3 Registration
Division 3.1 Registration of architects
8 Eligibility for registration
(1) An individual is eligible to be registered if the individual has relevant
expertise and relevant experience.
(2) An individual has relevant expertise if the individual—
(a) has—
(i) a qualification declared by the registrar; or
(ii) successfully completed a course of study accredited by the
architects board; or
(iii) qualifications gained outside Australia that the board is
satisfied are adequate to allow the individual to practise
architecture in the ACT; and
(b) has passed an examination arranged or approved by the board to
assess the person’s competence to practise architecture.
(3) An individual has relevant experience if—
(a) the individual has at least 2 years practical experience in the
practice of architecture, of which—
(i) at least 1 year is postgraduate experience; and
(ii) at least 1 year is in Australia; and
(b) the architects board is satisfied that the period and kind of
practise are adequate to allow the individual to competently
practise architecture in the ACT.
Example for par (a)
a person worked as an undergraduate in architectural services in Brussels for
18 months, then graduated and worked providing architectural services for 1 year
in Melbourne
Part 3 Registration
Division 3.1 Registration of architects
Section 9
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(4) The registrar may declare a qualification for subsection (2) (a) (i).
(5) Before making a declaration, the registrar must consult the architects
board.
(6) The architects board may accredit a course for subsection (2) (a) (ii).
(7) A declaration or accreditation is a notifiable instrument.
Note See also s 90A (Notifiable instruments under s 8 and Legislation Act,
s 47).
9 Decision on registration application
(1) If an individual applies for registration, the architects board must
register, or refuse to register, the individual.
(2) The architects board must refuse to register the individual as an
architect if—
(a) the board is not satisfied that the applicant is eligible to be
registered; or
(b) the individual is disqualified from applying for registration.
Note An individual may be disqualified from applying for registration under
the ACT Civil and Administrative Tribunal Act 2008, s 66 (3).
(3) The architects board may refuse to register the individual if, because
of a relevant circumstance in relation to the individual, the board is
satisfied that the public interest will or might be endangered if the
individual is allowed to practice architecture in the ACT.
(4) Each of the following is a relevant circumstance in relation to an
individual:
(a) the individual is bankrupt or personally insolvent;
(b) the individual has been convicted or found guilty of an offence
against this Act;
Registration Part 3
Registration of architects Division 3.1
Section 10
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(c) the individual has been convicted or found guilty of an offence
against a Commonwealth, Territory or State law punishable by
imprisonment for 1 year or longer;
(d) the individual’s registration (however described) under the
corresponding law of a local jurisdiction has been cancelled or
suspended because of an act or omission of the individual that
would, if the individual were registered in the ACT and the act
or omission had happened here, have allowed the individual’s
registration to be cancelled or suspended.
Note Corresponding law—see dict.
(5) To remove any doubt, the architects board may only register an
individual.
(6) Registration may be conditional.
10 Registration conditions
(1) The architects board may put a condition on a person’s registration—
(a) on registration; or
(b) when the registration is renewed.
Note The ACAT may also direct the registrar to place a condition on a person’s
registration (see ACT Civil and Administrative Tribunal Act 2008,
s 66 (2) (g) (i)).
(2) A condition on registration may relate to—
(a) the term of the registration; or
(b) the kind of architecture the person is registered to practise; or
(c) anything else relating to the practice of architecture that the
architects board considers appropriate.
(3) In considering whether to place a condition on a person’s registration,
the architects board must take into consideration the following:
(a) any relevant experience;
Part 3 Registration
Division 3.2 Architects register
Section 11
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(b) any history of complaints about the person’s conduct in relation
to the provision of architectural services;
(c) any disciplinary action taken in relation to the person under this
Act or a corresponding Act of a local jurisdiction;
(d) the need to protect the public from harm, for example, by
limiting the public’s exposure to a financially insecure provider
of architectural services.
11 Inclusion of details in register
(1) If the architects board registers a person, the board must include in
the register details of the person’s registration.
(2) A regulation may prescribe the details required to be included in the
register on registration.
12 Term of registration
(1) Registration is for 1 year.
(2) However, a condition on a person’s registration may provide a shorter
registration period.
Division 3.2 Architects register
13 Registrar
(1) The director-general must appoint a public servant as registrar.
Note 1 For the making of appointments (including acting appointments), see
Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular provision of a
law (see Legislation Act, s 7 (3)) and an appointment may be made by
naming a person or nominating the occupant of a position (see s 207).
(2) The registrar is responsible for managing the administration of the
architects board and maintaining the register.
Registration Part 3
Architects register Division 3.2
Section 14
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(3) The registrar must exercise a function under subsection (2) in
accordance with any direction from the architects board.
14 Board to keep register
(1) The architects board must keep a register (the register) that allows the
public to get information about who is registered to provide
architectural services in the ACT.
(2) The register may be kept in any form, including electronically, that
the architects board decides.
(3) The register may be kept in 1 or more parts, as the architects board
considers appropriate.
(4) The register must be open for free inspection by the public at
reasonable times.
Example
the register may be available on a website
(5) This section is subject to section 15.
15 Exception to public inspection
(1) This section applies to an occupational discipline order in relation to
a person.
(2) A matter included in the register in relation to the occupational
discipline order may be open for public inspection under section 14
only if—
(a) the time for any appeal of the decision has ended and no
application for appeal has been made; or
(b) an application for appeal has been made, the decision has been
confirmed on appeal and the time for further appeal has ended.
Note An occupational discipline order is a decision of the ACAT that may be
appealed under the ACT Civil and Administrative Tribunal Act 2008, pt 8.
Part 3 Registration
Division 3.2 Architects register
Section 16
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(3) If the decision has been reversed or set aside, a matter included in the
register in relation to the decision must not be open for public
inspection.
(4) If the decision has been changed (for example, by substitution), this
section applies to a matter included in the register in relation to the
decision as changed.
16 Correction of errors
With the approval of the architects board, the registrar may correct a
mistake, error or omission in the register.
17 Information may be shared
Information on the register, including information that is not available
for public inspection, may be given to a local registering authority for
use as part of a joint register of architects between local jurisdictions.
Note Local registering authority—see dict.
18 Notice of intention to remove from register
(1) This section applies if the architects board intends to remove
someone’s details from the register under section 19 (2) or section 20.
(2) The architects board must not remove the person’s details unless the
board has—
(a) given the person written notice of the board’s intention to take
action; and
(b) taken into consideration any response received from the person
in accordance with the notice.
(3) A notice under subsection (2) (a) must—
(a) state the action the architects board intends to take; and
(b) tell the person why the board intends to take the action; and
Registration Part 3
Architects register Division 3.2
Section 19
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(c) tell the person that the person may, within 12 business days after
the day the person is given the notice, give a written response to
the board about the matters in the notice.
19 Requirement to remove register information
(1) The architects board must remove from the register details of a
person’s registration if—
(a) the person dies; or
(b) the person asks for the person’s registration to be cancelled; or
(c) the person is no longer registered (for example, if the person
fails to renew registration or pay for renewal); or
(d) the person’s registration is cancelled.
(2) The architects board must remove from the register details of a
person’s registration if the board is satisfied that—
(a) the person has become mentally or physically incapacitated and
the incapacity affects the person’s ability to provide
architectural services; or
(b) the person is not eligible to be registered.
(3) However, the architects board must not remove a person’s details
under subsection (2) until 15 business days after the day the person is
given notice of the intention to remove the details under section 18.
20 Register information may be removed
(1) The architects board may remove from the register details of a
person’s registration if—
(a) the person becomes bankrupt or personally insolvent; or
(b) the person is convicted or found guilty of an offence against a
Commonwealth, Territory or State law punishable by
imprisonment for 1 year or longer.
Part 3 Registration
Division 3.3 Nominees
Section 21
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(2) However, the architects board must not remove a person’s details
under subsection (1) until 15 business days after the day the person is
given notice of the intention to remove the details under section 18.
Division 3.3 Nominees
21 Meaning of mandatory requirement for div 3.3
In this division:
mandatory requirement, of a nominee of a firm, means a written
requirement by the nominee that the firm do something, or not do
something, to comply with this Act.
22 Appointment of nominees
(1) A firm may, in writing given to the architects board, appoint an
eligible person to be a nominee for the firm.
(2) The appointment must state—
(a) that the person appointed is nominee in relation to all
architectural services provided by the firm and is the primary
nominee; or
(b) if there is, or is to be, more than 1 nominee for the firm—
(i) the services in relation to which the person appointed is to
be nominee; and
(ii) the name of the primary nominee.
(3) The appointment must also include the details of the person’s
eligibility to be a nominee.
(4) For subsection (1), a person is eligible to be a nominee for a firm if
the person—
(a) is registered; and
Registration Part 3
Nominees Division 3.3
Section 23
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(b) is a director or partner in the firm, or employed by the firm; and
(c) agrees in writing to the appointment.
(5) A firm may change the architectural services for which a nominee is
responsible by written notice to the nominee and the architects board.
23 Only nominee is primary nominee
If a firm has only 1 nominee, the nominee is the firm’s primary
nominee.
24 Primary nominee in partnership
(1) This section applies if a firm that is a partnership has more than
1 nominee.
(2) If only 1 nominee is a partner in the firm, that nominee is the firm’s
primary nominee.
(3) If more than 1 nominee is a partner in the firm, the firm must
nominate 1 nominee who is a partner to be the firm’s primary
nominee.
(4) If no nominee is a partner, the firm must nominate a nominee to be
the firm’s primary nominee.
25 Primary nominee in corporation
(1) This section applies if a firm that is a corporation has more than
1 nominee.
(2) If only 1 nominee is a director of the firm, that nominee is the firm’s
primary nominee.
(3) If more than 1 nominee is a director of the firm, the firm must
nominate 1 nominee who is a director to be the firm’s primary
nominee.
(4) If no nominee is a director, the firm must nominate a nominee to be
the firm’s primary nominee.
Part 3 Registration
Division 3.3 Nominees
Section 26
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26 Change of primary nominee
A firm may change its primary nominee by written notice to the
architects board.
27 When person no longer nominee
A nominee of a firm automatically stops being a nominee if the
nominee ceases to be eligible to be a nominee.
28 Nominee’s resignation
(1) A nominee of a firm may resign their appointment only with the
architects board’s approval.
(2) The architects board may approve the resignation of the nominee only
if satisfied that—
(a) the firm has refused to comply with a mandatory requirement of
the nominee; or
(b) the nominee cannot exercise their functions because of mental
or physical incapacity; or
(c) the nominee, or firm that appointed the nominee, has arranged
for another nominee to take over the nominee’s functions; or
(d) it is otherwise appropriate to approve the resignation.
29 Revocation of nominee’s appointment
(1) A firm may revoke a nominee’s appointment only with the architects
board’s approval.
(2) The architects board may approve the revocation of the nominee’s
appointment only if satisfied that—
(a) the nominee cannot exercise their functions because of mental
or physical incapacity; or
Registration Part 3
Nominees Division 3.3
Section 30
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(b) the nominee, or firm that appointed the nominee, has arranged
for another nominee to take over the nominee’s functions; or
(c) it is otherwise appropriate to approve the resignation.
30 Role of nominees
(1) A nominee of a firm has the function of ensuring that the architectural
services for which the nominee is responsible (the relevant
architectural services) comply with this Act.
(2) The nominee commits an offence if—
(a) the nominee has been given a copy of the nominee’s
appointment and any change to the appointment; and
(b) the nominee fails to ensure that the relevant architectural
services comply with this Act.
Maximum penalty: 50 penalty units.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act, s 104).
(3) Subsection (2) does not apply to a failure of a nominee of a firm if—
(a) the nominee had given the nominee’s firm a mandatory
requirement in relation to the matter that made up the failure;
and
(b) the nominee had given the architects board a copy of the
mandatory requirement; and
(c) the failure would not have happened if the mandatory
requirement had been complied with.
(4) A firm that is a corporation commits an offence if a nominee of the
firm fails to ensure that the relevant architectural services comply
with this Act.
Maximum penalty: 50 penalty units.
Part 3 Registration
Division 3.3 Nominees
Section 31
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(5) A partner in a firm that is a partnership commits an offence if a
nominee of the firm fails to ensure that the relevant architectural
services comply with this Act.
Maximum penalty: 50 penalty units.
(6) It is a defence to a prosecution for an offence for contravening
subsection (5) if the partner proves—
(a) that—
(i) the partner did not know about the failure; and
(ii) reasonable precautions were taken and appropriate
diligence was exercised to avoid the failure; or
(b) that the partner was not in a position to influence the other
partners in relation to the architectural services or their
supervision.
(7) An offence against this section is a strict liability offence.
31 Legislation Act and nominee appointments
The Legislation Act, part 19.3 (Appointments) does not apply to the
appointment of a nominee.
32 Firm to tell board about nominee ceasing
(1) This section applies if a nominee of a firm ceases to be the firm’s
nominee other than because the nominee resigns or the nominee’s
appointment is revoked.
(2) The firm must tell the architects board in writing about the nominee
ceasing within 1 week after the day the nominee ceases to be
nominee.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
Complaints Part 4
Section 33
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Part 4 Complaints
33 Meaning of architect for pt 4
In this part:
architect, in relation to an act or omission, means a registered person
or a person who was registered at the time of the act or omission.
34 Who may complain?
Anyone who believes a ground for occupational discipline exists in
relation to an architect may complain to the architects board.
Examples of people who may complain
a board member, a member of the public, the user of a service
Note Ground for occupational discipline—see s 42.
35 Form of complaint
(1) A complaint must—
(a) be in writing; and
(b) include the name and address of the person making the
complaint (the complainant).
(2) However, the architects board may accept a complaint for
consideration even if it does not comply with subsection (1).
(3) If the architects board accepts for consideration a complaint that is
not in writing, the board must require the complainant to put the
complaint in writing unless there is a good reason for not doing so.
Part 4 Complaints
Section 36
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36 Withdrawal of complaints
(1) A complainant may withdraw the complaint at any time by written
notice to the architects board.
(2) If the complainant withdraws the complaint, the architects board—
(a) need take no further action on the complaint; but
(b) may continue to act on the complaint if the board considers it
appropriate to do so; and
(c) need not report to the complainant under section 40 (Action after
investigating complaint) on the results of any action on the
complaint.
37 Further information about complaint etc
(1) The architects board may, at any time, require a complainant to give
the board further information about the complaint.
Note Giving false or misleading information is an offence against the
Criminal Code, s 338.
(2) When making a requirement under this section, the architects board
must give the complainant a reasonable period of time to satisfy the
requirement and may extend that period, whether before or after it
ends.
(3) If the complainant does not comply with a requirement under
subsection (1), the architects board need not, but may, take further
action in relation to the complaint.
38 Investigation of complaint
The architects board must take reasonable steps to investigate each
complaint the board accepts for consideration.
Note A complaint must be in writing, but the registrar may accept a complaint
that is not in writing (see s 35).
Complaints Part 4
Section 39
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39 No further action on complaint
The architects board must not take further action on a complaint if
satisfied that—
(a) the complaint lacks substance; or
(b) the complaint is frivolous, vexatious or was not made genuinely;
or
(c) the complaint has been adequately dealt with.
Note The architects board may also take no further action on a complaint if the
complainant has not complied with a requirement made under s 37 (1)
(see s 37 (3)).
40 Action after investigating complaint
(1) After investigating a complaint against an architect, the architects
board must—
(a) if the board is satisfied that a ground for occupational discipline
exists in relation to the complaint—
(i) apply to the ACAT for occupational discipline in relation
to the architect; and
(ii) tell the complainant in writing that the application has been
made; or
(b) if the board is not satisfied that a ground for occupational
discipline exists in relation to the complaint—
(i) tell the complainant in writing that the board will take no
further action on the complaint; and
(ii) take no further action on the complaint.
Part 4 Complaints
Section 40
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(2) Subsection (1) (b) (ii) does not prevent the architects board from
taking further action in relation to a complaint if the board becomes
satisfied that a ground for occupational discipline exists in relation to
the complaint.
Note The registrar need not notify the complainant under s (1) if the
complainant has withdrawn the complaint (see s 36).
Occupational discipline—architects Part 5
Section 41
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Part 5 Occupational discipline—
architects
41 Meaning of architect—pt 5
In this part:
architect means—
(a) a registered architect; or
(b) a person who was, but is no longer, a registered architect.
42 Grounds for occupational discipline
(1) Each of the following is a ground for occupational discipline in
relation to an architect:
(a) the architect has contravened, or is contravening, this Act;
(b) if a code of professional conduct has been approved under
section 88 (1)—the architect has contravened, or is
contravening, a requirement of the code;
(c) the architect has contravened, or is contravening, a condition of
the architect’s registration;
(d) the architect has been convicted, or found guilty, of an offence
against a corresponding law of a local jurisdiction;
Note Corresponding law—see the dictionary.
(e) the architect has been found guilty, in the ACT or elsewhere, of
an offence involving fraud, dishonesty or violence that is
punishable by imprisonment for 1 year or more.
(2) A ground for occupational discipline applies to an architect who is no
longer registered if the ground applied to the architect while
registered.
Part 5 Occupational discipline—architects
Section 43
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43 Application to ACAT for occupational discipline
If the architects board believes on reasonable grounds that a ground
for occupational discipline exists in relation to an architect, the board
may apply to the ACAT for an occupational discipline order in
relation to the architect.
Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out
occupational discipline orders the ACAT may make.
44 Considerations before making occupational discipline
orders
(1) This section applies if the ACAT is considering an application for
occupational discipline in relation to an architect.
(2) Without limiting the matters the ACAT must consider in relation to
the architect, the ACAT must consider the following:
(a) the degree of responsibility of the architect for the act or
omission that made up the ground for occupational discipline;
(b) the extent to which it is necessary to discourage the architect and
others from doing something, or not doing something, that made
up the disciplinary ground;
(c) whether, and the extent to which, it is necessary to protect the
public from the architect;
(d) the desirability of making the architect responsible for the
consequences of the architect’s actions or omissions;
(e) the desirability of maintaining public confidence in the
regulatory system set up by this Act.
Note The ACT Civil and Administrative Tribunal Act 2008, s 65 (3) sets out
other considerations that must be taken into account by the ACAT.
Occupational discipline—architects Part 5
Section 45
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45 Giving local registering authorities information about
cancelling or suspending registration
(1) This section applies if the ACAT cancels or suspends an architect’s
registration or disqualifies an architect from applying for registration.
(2) The architects board must give each local registering authority the
following information about the architect:
(a) the name and any other identifying details of the architect;
(b) a short description of the ground for occupational discipline on
which the occupational discipline order was based;
(c) whether the registration has been cancelled or suspended or the
architect disqualified;
(d) if the registration has been suspended—the period of
suspension;
(e) if the architect has been disqualified—the period of
disqualification.
(3) This section does not limit any other requirement or power, under this
Act or another law in force in the ACT, to give information to a local
registering authority.
Part 6 Offences
Section 56
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Part 6 Offences
56 Individual not registered or nominee for pt 6
For this part—
(a) an individual is taken not to be registered if the individual’s
registration is suspended; and
(b) an individual is taken not to be a nominee if the individual’s
registration is suspended.
57 Individual pretending to be registered
(1) An individual must not pretend to be registered.
Maximum penalty: 100 penalty units.
Example of pretending to be registered
using ‘architect’ or ‘registered architect’ on letterhead, entry sign or other
advertisement
(2) Subsection (1) does not apply to the use of a term prescribed under a
regulation.
58 Firm offering architectural services without nominee
(1) A corporation must not offer an architectural service unless the
corporation has a nominee.
Maximum penalty: 100 penalty units.
(2) Each partner in a partnership commits an offence if—
(a) the partnership offers an architectural service; and
(b) the partnership does not have a nominee.
Maximum penalty: 100 penalty units.
Offences Part 6
Section 59
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(3) It is a defence to a prosecution for an offence for contravening
subsection (2) if the partner proves—
(a) that—
(i) the partner did not know that the partnership did not have
a nominee; and
(ii) reasonable precautions were taken and appropriate
diligence was exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other
partners in relation to the appointment of a nominee.
59 Unregistered individual advertising
(1) An individual commits an offence if—
(a) the individual advertises that the individual provides, or will
provide, an architectural service; and
(b) the individual is not registered.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability offence.
60 Individual advertising without details
(1) An individual commits an offence if—
(a) the individual advertises that the individual provides, or will
provide, an architectural service; and
(b) the individual does not include the following in the
advertisement:
(i) the individual’s name as recorded in the register;
Part 6 Offences
Section 61
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(ii) the individual’s registration number.
Maximum penalty: 50 penalty units.
Example
An individual’s registered name is D&E Smith Architects. The individual trades
under the name ABC Architects. When advertising, the individual must include the
registered name in the advertisement to allow the public to check the individual’s
register entry.
(2) An offence against this section is a strict liability offence.
61 Firm advertising without details
(1) A corporation commits an offence if the corporation—
(a) advertises that it provides, or will provide, an architectural
service; and
(b) does not include the following in the advertisement:
(i) the name of the corporation’s primary nominee, as
recorded in the register;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(2) A partner commits an offence if the partnership—
(a) advertises that it provides, or will provide, an architectural
service; and
(b) does not include the following in the advertisement:
(i) the name of the partnership’s primary nominee as recorded
in the register;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
Offences Part 6
Section 62
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(3) It is a defence to a prosecution for an offence for contravening
subsection (2) if the partner proves—
(a) that—
(i) the partner did not know that the partnership had not
included the information in the advertisement; and
(ii) reasonable precautions were taken and appropriate
diligence was exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other
partners in relation to the advertisement.
(4) An offence against this section is a strict liability offence.
62 Firm’s business correspondence without required details
(1) A corporation commits an offence if the corporation—
(a) provides, or advertises that it will provide, an architectural
service; and
(b) does not include the following in each item of written business
correspondence:
(i) the name of the corporation’s primary nominee, as
recorded in the register;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(2) A partner commits an offence if the partnership—
(a) provides, or advertises that it will provide, an architectural
service; and
(b) does not include the following in each item of written business
correspondence:
(i) the name of the partnership’s primary nominee, as recorded
in the register kept under this Act;
Part 6 Offences
Section 63
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(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(3) It is a defence to a prosecution for an offence for contravening
subsection (2) if the partner proves—
(a) that—
(i) the partner did not know that the information was not
included in the business correspondence; and
(ii) reasonable precautions were taken and appropriate
diligence was exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other
partners in relation to the business correspondence.
(4) An offence against this section is a strict liability offence.
63 Provision of architectural services by third party
A person commits an offence if—
(a) the person offers an architectural service to be provided by
someone else; and
(b) the provider of the service is not a registered architect; and
(c) the person is reckless about whether the provider is a registered
architect.
Maximum penalty: 100 penalty units.
Architects board Part 7
Establishment and functions of board Division 7.1
Section 64
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Part 7 Architects board
Division 7.1 Establishment and functions of board
64 Establishment of board
(1) The Australian Capital Territory Architects Board (the architects
board) is established.
(2) The board—
(a) is a body corporate; and
(b) must have a seal.
65 Board functions
(1) The architects board has the following functions:
(a) to register architects;
(b) to investigate complaints given to the board about registered
people and people who have been registered;
(c) to consider whether it is necessary for occupational discipline to
be used against registered architects, including former registered
architects, and, if it is, to apply to the ACAT for occupational
discipline orders;
(d) to consider and report to the Minister about issues referred to the
board by the Minister for advice;
(e) to advise the Minister in relation to the practice of architecture,
for example, about codes of professional conduct;
(f) to further a common and harmonious approach to the
administration of legislation about architects by cooperation
with local jurisdictions;
(g) to accredit courses of study in architecture;
Part 7 Architects board
Division 7.1 Establishment and functions of board
Section 66
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(h) to provide general advice to consumers about the professional
conduct and standards of competence expected of registered
architects.
Example for par (f)
the board chairperson or registrar, or both, becoming a member of an accreditation
organisation for architects in local jurisdictions
(2) The architects board may exercise any other function given to the
board under this Act or another Territory law.
Note A provision of a law that gives an entity (including a person) a function
also gives the entity powers necessary and convenient to exercise the
function (see Legislation Act, s 196 and dict, pt 1, def entity).
66 Exercise of board functions
(1) The architects board must exercise its functions independently,
impartially and in the public interest.
(2) This section is subject to section 69 (Board to comply with directions
under s 68).
67 Annual report by board
(1) The architects board must prepare an annual report under the Annual
Reports (Government Agencies) Act 2004.
(2) A report prepared by the architects board under the Annual Reports
(Government Agencies) Act 2004 for a financial year must include the
details prescribed by regulation.
Note Financial year has an extended meaning in the Annual Reports
(Government Agencies) Act 2004.
Architects board Part 7
Establishment and functions of board Division 7.1
Section 68
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68 Ministerial directions to board
(1) The Minister may give a written direction to the architects board
about the exercise of the board’s functions if satisfied that it is in the
public interest to do so.
Examples of directions
1 direct the board to report on a particular issue within a particular time
2 direct the board to follow a policy, standard or other instrument applying to an
administrative unit
3 direct the board to give the Minister a proposed code of professional conduct,
or an amendment of a code of professional conduct, relating to particular
behaviour (see s 88)
(2) However, the Minister must not direct the board about any of the
following:
(a) whether to register or refuse to register a person;
(b) whether to renew or refuse to renew a person’s registration;
(c) whether or not to cancel someone’s registration or take other
disciplinary action in relation them.
Example of direction not prevented by s (2)
the Minister may have received complaints about a particular architect and may
direct the architects board to give the Minister information about any action being
taken in relation to the architect
(3) Before giving a direction, the Minister must—
(a) tell the architects board about the proposed direction; and
(b) give the board reasonable opportunity to comment on the
proposed direction; and
(c) consider any comment made by the board.
(4) A direction is a notifiable instrument.
Part 7 Architects board
Division 7.2 Board members
Section 69
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69 Board to comply with directions under s 68
The architects board must comply with a direction given under
section 68.
69A Delegation by board
The architects board may delegate the board’s functions under this
Act to the registrar.
Note For the making of delegations and the exercise of delegated functions,
see the Legislation Act, pt 19.4.
Division 7.2 Board members
70 Board membership
(1) The Board consists of the following members (the board members):
(a) 1 member nominated in writing by a representative body;
(b) 1 member who is, or has recently been, an academic architect;
(c) 1 member who is registered;
(d) 1 member who is a commercial lawyer;
(e) 1 member to represent community interests who is not
registered.
(2) The Minister must appoint the board members.
Note For laws about appointments, see the Legislation Act, pt 19.3.
(3) In this section:
academic architect means a person who teaches architecture at an
educational institution.
Architects board Part 7
Board members Division 7.2
Section 71
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commercial lawyer means a lawyer with experience in either or both
of the following areas:
(a) consumer protection law;
(b) trade practices law.
representative body means an entity that has as a main purpose the
promotion of the interests of architects.
Note The board can still function with a vacancy in membership (see
Legislation Act, s 199 (5)).
71 Term of board member appointments
An appointment must be for a term of not longer than 3 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
72 Board chairperson and deputy chairperson
(1) This section applies if there is no chairperson or no deputy
chairperson for the architects board.
(2) The board members must elect a member to be the board chairperson
or deputy chairperson.
(3) However, the board members must not elect a member to be the board
chairperson or deputy chairperson unless the member is registered.
(4) The board deputy chairperson acts in the position of board
chairperson—
(a) during all vacancies in the position; and
(b) during all periods when the board chairperson cannot for any
reason exercise the functions of the position.
Note The Legislation Act, div 19.3.2, deals with acting appointments
Part 7 Architects board
Division 7.2 Board members
Section 73
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73 Disclosure of interests by board members
(1) A board member who has a relevant interest in an issue being
considered by the architects board or about to be considered by the
board must, as soon as practicable after the relevant facts have come
to the board member’s knowledge, disclose the nature of the interest
at a board meeting.
(2) The disclosure must be recorded in the board’s minutes and, unless
the board otherwise decides, the board member must not—
(a) be present when the board considers the issue; or
(b) take part in a decision of the board on the issue.
(3) Any other board member who also has a relevant interest in the issue
must not—
(a) be present when the board considers whether to make a decision
under subsection (2); or
(b) take part in the decision.
(4) The board chairperson must, within 7 days after the end of each
financial year, give the Minister a statement that sets out the details
of all disclosures under this section made during the financial year.
(5) The Minister must give the relevant Assembly committee a copy of a
statement received under subsection (4) within 14 days after the day
the Minister receives the statement.
(6) In this section:
relevant Assembly committee means a standing committee of the
Legislative Assembly nominated, in writing, by the Speaker for
subsection (5).
relevant interest, in an issue, means a direct or indirect financial or
other interest in the issue.
Architects board Part 7
Board proceedings Division 7.3
Section 74
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74 Ending appointment of board member
(1) The Minister must end the appointment of a board member if the
Minister becomes aware that the member—
(a) has failed to comply with section 73 without reasonable excuse;
or
(b) has at any time been convicted, in Australia or elsewhere, of an
offence punishable by imprisonment for 1 year or longer.
(2) The Minister may end the appointment of a board member—
(a) if the member is absent from 3 consecutive meetings of the
board other than on leave approved by the Minister; or
(b) if the Minister is satisfied that the member is no longer qualified
to be appointed to the member’s position; or
(c) for misbehaviour or physical or mental incapacity, if the
incapacity affects the exercise of the member’s functions; or
(d) if the member becomes bankrupt or personally insolvent.
Note A person’s appointment also ends if the person resigns (see Legislation
Act, s 210).
Division 7.3 Board proceedings
75 Calling board meetings
(1) The architects board meets at the times and places the board
chairperson decides.
(2) However, the architects board must meet at least 4 times each year.
(3) The board chairperson must ensure that board members have
reasonable notice of meetings.
Part 7 Architects board
Division 7.3 Board proceedings
Section 76
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(4) The board chairperson may decide to hold a meeting using a method
of communication, or a combination of methods of communication,
that allows a board member taking part to hear what each other
member taking part says without the members being in each other’s
presence.
Examples
a phone link, an internet or intranet link
(5) A board member taking part in a meeting conducted under
subsection (4) is taken, for all purposes, to be present at the meeting.
76 Board procedures
(1) The board chairperson presides at meetings of the architects board.
(2) However, if the chairperson is absent from a meeting, the deputy
chairperson presides at the meeting.
(3) Business may be carried on at a board meeting only if—
(a) at least 3 board members are present, including at least
2 architects; and
(b) the board chairperson or deputy chairperson is present.
(4) A question arising at a meeting may be decided by a majority of the
votes of members present and voting.
(5) If the votes of the architects board on a question are equally divided,
the decision of the member presiding is the decision of the board on
the question.
(6) The board may decide its own procedure in relation to anything for
which a procedure is not provided under this Act.
(7) The board must keep minutes of its meetings.
Architects board Part 7
Board committees Division 7.4
Section 77
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Division 7.4 Board committees
77 Establishment of committees
The architects board may establish committees to help the board in
the exercise of its functions.
78 Exercise of committee functions
(1) The architects board may decide—
(a) how a committee is to exercise its functions; and
(b) the procedure to be followed for meetings of the committee,
including—
(i) the calling of meetings; and
(ii) the number of committee members to be present at
meetings (including requirements that particular members
be present); and
(iii) the committee member who is to preside at meetings; and
(iv) how questions arising at a meeting are to be decided; and
(v) the keeping of minutes of meetings.
(2) Subject to any decision of the architects board under subsection (1),
a committee may decide its own procedures.
79 Membership of committees
(1) A committee consists of the people appointed by the architects board.
Note 1 For the making of appointments (including acting appointments), see
Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see s 207).
(2) A committee may consist completely or partly of board members.
Part 7 Architects board
Division 7.4 Board committees
Section 80
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80 Reimbursement for committee members
(1) A committee member is not entitled to be paid for the exercise of the
member’s functions.
(2) However, the Territory must reimburse a committee member for
expenses reasonably incurred in the exercise of the member’s
functions.
(3) This section does not apply to a committee member who is also a
board member.
Protection and information Part 8
Section 81
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Part 8 Protection and information
81 Definitions for pt 8
For this part:
informed person means anyone who is, or has been, an official.
official means—
(a) a member of the architects board; or
(b) the registrar; or
(c) anyone acting under the direction or authority of the board.
82 Protection of participants and people reporting
(1) This section applies to a person who is or has been a complainant or
participant in a proceeding about a complaint.
(2) A proceeding does not lie against a person to whom this section
applies in relation to anything done, or omitted to be done, honestly
in that capacity.
83 Protection of officials
(1) An official does not incur civil or criminal liability for an act or
omission done honestly and without negligence for this Act.
(2) A civil liability that would, apart from this section, attach to an
official, attaches instead to the Territory.
Part 8 Protection and information
Section 84
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84 Secrecy
(1) In this section:
court includes any tribunal, authority or person with power to require
the production of documents or the answering of questions.
produce includes allow access to.
protected information means information about a person that is
disclosed to, or obtained by, an informed person because of the
exercise of a function under this Act.
(2) A person commits an offence if—
(a) the person is an informed person; and
(b) the person—
(i) makes a record of protected information; or
(ii) directly or indirectly, divulges or communicates protected
information to someone else; and
(c) the record is not made, or the information is not divulged or
communicated, in relation to the exercise of a function, as a
protected person, under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply if the informed person makes the
record, or divulges or communicates the information, in relation to
the exercise of a function, as a protected person, under this Act or
another Territory law.
Protection and information Part 8
Section 84
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(4) Subsection (2) does not prevent an informed person from divulging
or communicating protected information—
(a) with the consent of the person from whom the information was
obtained; or
(b) to a person administering or enforcing a corresponding law of a
local jurisdiction; or
(c) to a law enforcement authority.
Note Corresponding law—see dict.
(5) An informed person need not divulge or communicate protected
information to a court, or produce a document containing protected
information to a court, unless it is necessary to do so for this Act or
another Act.
Part 9 Notification and review of decisions
Section 85
page 42 Architects Act 2004
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Part 9 Notification and review of
decisions
85 Meaning of reviewable decision—pt 9
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
86 Reviewable decision notices
If a person makes a reviewable decision, the person must give a
reviewable decision notice to each entity mentioned in schedule 1,
column 4 in relation to the decision.
Note The person must also take reasonable steps to give a reviewable decision
notice to any other person whose interests are affected by the decision
(see ACT Civil and Administrative Tribunal Act 2008, s 67A).
86A Applications for review
The following may apply to the ACAT for a review of a reviewable
decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Miscellaneous Part 10
Section 87
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Part 10 Miscellaneous
87 Board examinations
(1) The architects board may—
(a) conduct an examination if it considers it appropriate to do so for
this Act; and
(b) if it decides to conduct an examination—appoint an examiner to
conduct the examination.
(2) The architects board may determine—
(a) the fees to be paid to examiners; and
(b) the fees to be paid by candidates for examination.
(3) A determination is a notifiable instrument.
88 Code of professional conduct
(1) The Minister may approve a code of professional conduct for—
(a) registered architects; or
(b) an architectural service.
(2) An approved code of professional conduct is a disallowable
instrument.
(3) An approved code of professional conduct may apply, adopt or
incorporate (with or without change or modification)—
(a) a law or an Australian Standard as in force from time to time; or
(b) another instrument as in force from time to time.
(4) The Legislation Act, section 47 (5) and (6) do not apply to an
instrument applied, adopted or incorporated under subsection (3).
Note An instrument under subsection (3) does not need to be notified under the
Legislation Act because s 47 (5) and (6) do not apply (see Legislation
Act, s 47 (7)).
Part 10 Miscellaneous
Section 89
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(5) The director-general must ensure that an instrument that is applied,
adopted or incorporated under subsection (3) (b) is—
(a) available for inspection by anyone without charge during
ordinary business hours at an ACT government office; or
(b) accessible on an ACT government website, or by a link on an
ACT government website.
(6) An instrument that is applied, adopted or incorporated under
subsection (3) (b) is not enforceable by or against the Territory or
anyone else unless it is made accessible in accordance with
subsection (5).
89 Registered architect to give evidence of insurance
(1) Before providing an architectural service to a person (the client),
a registered architect must give the client evidence of what
professional indemnity insurance the architect holds in relation to the
service to be provided.
(2) The registered architect may ask the client to sign an
acknowledgment that the client has been told about the architect’s
professional indemnity insurance.
(3) The acknowledgment must state the time and date it was given.
(4) If the client signs the acknowledgment, the registered architect must
immediately give the client a copy of it.
(5) The architects board may assume that the client was not told about
the professional indemnity insurance the registered architect holds
if—
(a) a question arises whether the client was told about the architect’s
insurance; and
(b) an acknowledgment under this section is not produced; and
(c) it is not proved that the architect told the client about the
insurance.
Miscellaneous Part 10
Section 90
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(6) The registered architect is taken to have given evidence of what
insurance the architect holds before providing an architectural service
to a person if the architect advertised the insurance held at the time of
providing the services in a way likely to come to the attention of the
client.
Example of advertising insurance held
1 including details of insurance in the telephone directory, if the details are
correct at the time the service is provided
2 having details of insurance on the vehicle used to provide the service or
transport to the location to provide the service, if the details are correct at the
time the service is provided
90 Evidentiary certificates
(1) The architects board may issue a certificate, signed by the board—
(a) stating that on a date or during a period stated a named person
was or was not registered; and
(b) if the person was registered—including details of the person’s
registration.
(2) The architects board may issue a certificate, signed by the board—
(a) stating that on a date or during a period stated, a named person
was or was not a nominee, or the primary nominee, for a firm;
and
(b) if the person was a nominee—including details of the person’s
registration.
(3) A certificate under this section is evidence of the matters stated in it.
(4) Unless the contrary is proved, a document that purports to be a licence
or certificate under this section is taken to be such a document.
Part 10 Miscellaneous
Section 90A
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90A Notifiable instruments under s 8 and Legislation Act, s 47
(1) This section applies in relation to a declaration or accreditation made
under section 8 (Eligibility for registration).
(2) A declaration or accreditation may apply, adopt or incorporate a law
of another jurisdiction or instrument as in force from time to time.
(3) The Legislation Act, section 47 (5) or (6) does not apply in relation
to the law of another jurisdiction or instrument applied, adopted or
incorporated under a declaration or accreditation.
Note Laws of another jurisdiction and instruments mentioned in s (3) do not
need to be notified under the Legislation Act because s 47 (5) and (6)
do not apply (see Legislation Act, s 47 (7)).
(4) In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
91 Determination of fees
(1) The Minister may determine fees for this Act.
(2) A determination is a disallowable instrument.
92 Approved forms
(1) The architects board may approve forms in relation to registration and
nominees for this Act.
(2) If the architects board approves a form for a particular purpose, the
approved form must be used for that purpose.
(3) An approved form is a notifiable instrument.
93 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) A regulation may make provision in relation to who may be
nominated to be a board member and how the person may be
nominated.
Reviewable decisions Schedule 1
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Schedule 1 Reviewable decisions
(see pt 9)
column 1
item
column 2
section
column 3
decision
column 4
entity
1 9 refuse to
register person
applicant for registration
2 10 put condition
on registration
applicant for registration or
renewal of registration
3 19 (2) remove details
of person’s
registration
from register
person whose registration
details are removed
4 20 remove details
of person’s
registration
from register
person whose registration
details are removed
5 28 refuse to
approve
resignation of
nominee of
firm
nominee or firm
6 29 refuse to
revoke
nominee’s
appointment
nominee or firm
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACAT
• bankrupt or personally insolvent
• director-general (see s 163)
• disallowable instrument (see s 9)
• function
• notifiable instrument (see s 10)
• occupational discipline order
• penalty unit (see s 133)
• public servant
• reviewable decision order
• under.
architect—
(a) for part 4 (Complaints)—see section 33.
(b) for part 5 (Occupational discipline—architects)—see
section 41.
architectural service—see section 7.
architects board—see section 64.
board members—see section 70 (1).
corresponding law means any law of a local jurisdiction that
regulates architects in the jurisdiction.
firm means a corporation or partnership.
ground for occupational discipline—see section 42.
Dictionary
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informed person, for part 8 (Protection and information)—see
section 81.
local jurisdiction means the Commonwealth, a State or New Zealand.
local registering authority means the entity responsible for
regulating the architect profession under a corresponding law.
mandatory requirement, for division 3.3 (Nominees)—see
section 21.
official, for part 8 (Protection and information)—see section 81.
registered means a person registered under this Act.
register means the register kept under this Act.
registrar means the registrar appointed under section 13.
registration number, for a person, means a unique identifying
number given to the person on registration.
reviewable decision, for part 9 (Notification and review of
decisions)—see section 85.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Architects Act 2004 A2004-20
notified LR 7 April 2004
s 1, s 2 commenced 7 April 2004
remainder commenced 1 July 2004 (s 2)
as amended by
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.4
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.4 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.4
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.4 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.4
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.4 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2009 (No 2) A2009-49 sch 3 pt 3.2
notified LR 26 November 2009
s 1, s 2 commenced 26 November 2009 (LA s 75 (1))
sch 3 pt 3.2 commenced 17 December 2009 (s 2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.13
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.13 commenced 1 July 2011 (s 2 (1))
Construction and Energy Efficiency Legislation Amendment Act 2013
A2013-31 pt 2
notified LR 26 August 2013
s 1, s 2 commenced 26 August 2013 (LA s 75 (1))
pt 2 commenced 1 September 2013 (s 2 (1))
Endnotes
3 Legislation history
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Red Tape Reduction Legislation Amendment Act 2016 A2016-18
sch 2 pt 2.1
notified LR 13 April 2016
s 1, s 2 commenced 13 April 2016 (LA s 75 (1))
sch 2 pt 2.1 commenced 27 April 2016 (s 2)
Planning, Building and Environment Legislation Amendment Act
2016 (No 2) A2016-24 pt 2
notified LR 11 May 2016
s 1, s 2 commenced 11 May 2016 (LA s 75 (1))
pt 2 commenced 12 May 2016 (s 2 (1))
Public Sector Management Amendment Act 2016 A2016-52 sch 1
pt 1.6
notified LR 25 August 2016
s 1, s 2 commenced 25 August 2016 (LA s 75 (1))
sch 1 pt 1.6 commenced 1 September 2016 (s 2)
Building and Construction Legislation Amendment Act 2019
A2019-48 pt 2
notified LR 9 December 2019
s 1, s 2 commenced 9 December 2019 (LA s 75 (1))
pt 2 commenced 10 December 2019 (s 2 (1))
Legislation (Legislative Assembly Committees) Amendment Act 2022
A2022-4 sch 1 pt 1.3
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.3 commenced 6 April 2022 (s 2)
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.2
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.2 commenced 24 August 2022 (s 2)
Building and Construction Legislation Amendment Act 2023
A2023-55 pt 2
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
pt 2 commenced 12 December 2023 (s 2 (4))
Endnotes
Legislation history 3
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Better Regulation Legislation Amendment Act 2025 A2025-13 pt 3
notified LR 26 May 2025
s 1, s 2 commenced 26 May 2025 (LA s 75 (1))
pt 3 commenced 9 June 2025 (s 2 (1))
Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.5, sch 4 pt 4.11
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 3 pt 3.5, sch 4 pt 4.11 commenced 16 November 2025 (s 2 (1), (9))
Endnotes
4 Amendment history
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Meaning of architectural service for Act
s 7 am A2009-20 amdt 3.9
Registration of architects
div 3.1 hdg note om A2022-14 amdt 3.3
Eligibility for registration
s 8 am A2009-20 amdt 3.10, amdt 3.13; A2013-31 s 4, s 5;
A2025-29 amdt 4.11
Decision on registration application
s 9 am A2008-28 amdt 3.27; A2008-36 amdt 1.40; A2009-49
amdt 3.4
Registration conditions
s 10 am A2008-36 amdt 1.41
Inclusion of details in register
s 11 am A2009-20 amdt 3.9
Registrar
s 13 am A2011-22 amdt 1.47
Exception to public inspection
s 15 am A2008-36 amdt 1.42
Notice of intention to remove from register
s 18 am A2022-14 amdt 3.4
Register information may be removed
s 20 am A2008-28 amdt 3.28; A2009-49 amdt 3.5
Nominee’s resignation
s 28 am A2022-14 amdt 3.5
Revocation of nominee’s appointment
s 29 am A2022-14 amdt 3.5
Who may complain?
s 34 am A2008-36 amdt 1.43
Form of complaint
s 35 am A2016-18 amdt 2.1
Further information about complaint etc
s 37 am A2025-13 s 8
Action after investigating complaint
s 40 am A2008-36 amdt 1.44, amdt 1.45
Endnotes
Amendment history 4
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Occupational discipline—architects
pt 5 hdg sub A2008-36 amdt 1.46
Disciplinary proceedings
div 5.1 hdg om A2008-36 amdt 1.46
Disciplinary inquiries
div 5.2 hdg om A2008-36 amdt 1.46
Meaning of architect—pt 5
s 41 sub A2008-36 amdt 1.46
Grounds for occupational discipline
s 42 sub A2008-36 amdt 1.46
am A2023-55 s 4
Application to ACAT for occupational discipline
s 43 sub A2008-36 amdt 1.46
Considerations before making occupational discipline orders
s 44 sub A2008-36 amdt 1.46
Giving local registering authorities information about cancelling or
suspending registration
s 45 sub A2008-36 amdt 1.46
Disciplinary action
s 46 om A2008-36 amdt 1.46
Public notice of disciplinary action
s 47 om A2008-36 amdt 1.46
Giving local registering authorities information about certain disciplinary
action
s 48 om A2008-36 amdt 1.46
Notice of inquiry
s 49 om A2008-36 amdt 1.46
Inquiry procedure
s 50 om A2008-36 amdt 1.46
Evidence at inquiry
s 51 om A2008-36 amdt 1.46
Legal representation at inquiry
s 52 om A2008-36 amdt 1.46
Board may require appearance, information or documents
s 53 om A2008-36 amdt 1.46
Confidentiality and client communications
s 54 om A2008-36 amdt 1.46
Endnotes
4 Amendment history
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Witness expenses
s 55 om A2008-36 amdt 1.46
Individual pretending to be registered
s 57 am A2009-20 amdt 3.11
Individual advertising without details
s 60 am A2022-14 amdt 3.6
Board functions
s 65 am A2008-36 amdt 1.47
Annual report by board
s 67 am A2009-20 amdt 3.10; A2016-52 amdt 1.28
Ministerial directions to board
s 68 am A2023-55 s 5; A2025-29 amdt 4.11
Delegation by board
s 69A ins A2016-24 s 5
sub A2019-48 s 4
Board membership
s 70 am A2022-4 amdt 1.5
Disclosure of interests by board members
s 73 am A2022-4 amdts 1.6-1.8
Ending appointment of board member
s 74 am A2008-28 amdt 3.29; A2009-49 amdt 3.6
Calling board meetings
s 75 am A2019-48 s 5
Notification and review of decisions
pt 9 hdg sub A2008-36 amdt 1.48
Meaning of reviewable decision—pt 9
s 85 sub A2008-36 amdt 1.48
Reviewable decision notices
s 86 sub A2008-36 amdt 1.48
am A2025-29 amdt 4.11
Applications for review
s 86A ins A2008-36 amdt 1.48
am A2025-29 amdt 4.11
Board examinations
s 87 am A2009-20 amdt 3.13; A2025-29 amdt 4.11
Endnotes
Amendment history 4
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Code of professional conduct
s 88 am A2009-20 amdt 3.9
sub A2023-55 s 6
am A2025-29 amdts 3.5-3.9; pars renum R18 LA
Registered architect to give evidence of insurance
s 89 am A2025-29 amdt 4.11
Notifiable instruments under s 8 and Legislation Act, s 47
s 90A ins A2013-31 s 6
Determination of fees
s 91 am A2009-20 amdt 3.13; A2025-29 amdt 4.11
Approved forms
s 92 am A2025-29 amdt 4.11
Regulation-making power
s 93 am A2009-20 amdt 3.9; A2025-29 amdt 4.11
Transitional
pt 11 hdg exp 30 June 2005 (s 105)
Meaning of repealed Act for pt 11
s 94 exp 30 June 2005 (s 105)
Legislation repealed
s 95 om LA s 89 (3)
Members of architects board
s 96 exp 30 June 2005 (s 105)
Architects registered under repealed Act
s 97 exp 30 June 2005 (s 105)
Suspended registration
s 98 exp 30 June 2005 (s 105)
Inquiry under repealed Act
s 99 exp 30 June 2005 (s 105)
Disciplinary grounds for s 42
s 100 exp 30 June 2005 (s 105)
Appeals under repealed Act
s 101 exp 30 June 2005 (s 105)
New regulations
s 102 exp 1 July 2004 (s 102 (5))
Transitional regulations
s 103 exp 30 June 2005 (s 105)
Endnotes
4 Amendment history
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Building and Construction Industry Training Levy Regulations 2001,
regulation 3 (1) (b)
s 104 om LA s 89 (3)
Expiry of pt 11
s 105 exp 30 June 2005 (s 105)
Reviewable decisions
sch 1 om R1 LA
ins A2008-36 amdt 1.49
Dictionary
dict am A2008-36 amdt 1.50; A2009-49 amdt 3.7; A2011-22
amdt 1.48; A2016-52 amdt 1.29
def architect am A2008-36 amdt 1.51
def daily ACT newspaper om A2009-20 amdt 3.12
def disciplinary ground om A2008-36 amdt 1.52
def disciplinary notice om A2008-36 amdt 1.52
def ground for occupational discipline ins A2008-36
amdt 1.53
def reviewable decision sub A2008-36 amdt 1.54
Endnotes
Earlier republications 5
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5 Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to
the publication order.
Since 12 September 2001 every authorised republication has been published in
electronic pdf format on the ACT legislation register. A selection of authorised
republications have also been published in printed format. These republications are
marked with an asterisk (*) in column 1. Electronic and printed versions of an
authorised republication are identical.
Republication
No and date
Effective Last
amendment
made by
Republication
for
R1
1 July 2004
1 July 2004–
1 July 2004
not amended new Act
R2
2 July 2004
2 July 2004–
30 June 2005
not amended commenced expiry
R3
1 July 2005
1 July 2005–
25 Aug 2008
not amended commenced expiry
R4
26 Aug 2008
26 Aug 2008–
1 Feb 2009
A2008-28 amendments by
A2008-28
R5
2 Feb 2009
2 Feb 2009–
21 Sept 2009
A2008-36 amendments by
A2008-36
R6
22 Sept 2009
22 Sept 2009–
16 Dec 2009
A2009-20 amendments by
A2009-20
R7
17 Dec 2009
17 Dec 2009–
30 June 2011
A2009-49 amendments by
A2009-49
R8
1 July 2011
1 July 2011–
31 Aug 2013
A2011-22 amendments by
A2011-22
R9
1 Sept 2013
1 Sept 2013–
26 Apr 2016
A2013-31 amendments by
A2013-31
R10
27 Apr 2016
27 Apr 2016–
11 May 2016
A2016-18 amendments by
A2016-18
R11
12 May 2016
12 May 2016–
31 Aug 2016
A2016-24 amendments by
A2016-24
R12
1 Sept 2016
1 Sept 2016–
9 Dec 2019
A2016-52 amendments by
A2016-52