Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Architects Regulation 2004
SL2004-23
made under the
Architects Act 2004
Republication No 8
Effective: 24 August 2022
Republication date: 24 August 2022
Last amendment made by A2022-14
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 Regulation 2004, made under the Architects Act 2004
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 24 August 2022. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 24 August 2022.
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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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Architects Regulation 2004
made under the
Architects Act 2004
Contents
Page
Part 1 Preliminary
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
Part 2 Registration
5 Details in register—Act, s 11 (2) 3
6 Use of terms not pretending registration—s 57 (2) 3
7 Use of architectural—Act, s 57 (2) 4
8 Use of architect and registered architect—Act, s 57 (2) 4
9 Use of term describing architectural qualification—Act, s 57 (2) 4
10 Nominations for architects board member 5
Contents
Page
contents 2 Architects Regulation 2004
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Part 3 Miscellaneous
11 Definitions for pt 3 7
12 Information in annual report—Act, s 67 7
Dictionary 9
Endnotes
1 About the endnotes 10
2 Abbreviation key 10
3 Legislation history 11
4 Amendment history 13
5 Earlier republications 14
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Australian Capital Territory
Architects Regulation 2004
made under the
Architects Act 2004
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of regulation
This regulation is the Architects Regulation 2004.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Registration Part 2
Section 5
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Part 2 Registration
5 Details in register—Act, s 11 (2)
The following details are prescribed in relation to a registered
architect:
(a) full name;
(b) business phone and fax number and email address (if any);
(c) business address;
(d) if the architect’s registration is conditional—each condition on
the registration;
(e) details of any suspension of registration;
(f) details of any cancellation of registration;
(g) details of any disqualification from being registered;
(h) if the architect is, or has been, a nominee—
(i) the name of each firm for which the architect is or was a
nominee;
(ii) whether the architect is or was the primary nominee or not;
(iii) the date when the architect became the nominee;
(iv) the date (if any) when the architect stopped being the
nominee.
6 Use of terms not pretending registration—s 57 (2)
The Act, section 57 (1) does not apply to the use of the following
terms:
(a) landscape architect;
(b) naval architect;
(c) computer systems architect.
Part 2 Registration
Section 7
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7 Use of architectural—Act, s 57 (2)
(1) The Act, section 57 (1) does not apply to the use of the term
architectural by a person who carries on a business that supplies
goods in relation to architecture to indicate that the person carries on
that business.
(2) The Act, section 57 (1) does not apply to the use of the following
terms by an employee of a registered architect to describe the
employee:
(a) architectural assistant;
(b) architectural technician;
(c) architectural drafter.
8 Use of architect and registered architect—Act, s 57 (2)
(1) The Act, section 57 (1) does not apply to the use of the terms architect
and registered architect by an interstate architect if—
(a) the use of the term is accompanied by something that indicates
the local jurisdiction where the architect is registered; and
(b) before the use, the architect told the architects board in writing
that the architect would be using the term in the ACT.
(2) In this section:
interstate architect means an architect who—
(a) is registered (however described) in a local jurisdiction; and
(b) is normally resident in that jurisdiction.
9 Use of term describing architectural qualification—Act,
s 57 (2)
The Act, section 57 (1) does not apply to the use by a person of a term
describing an architectural qualification held by the person.
Registration Part 2
Section 10
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10 Nominations for architects board member
(1) Within the prescribed period for the appointment of an architects
board member, the registrar must give public notice—
(a) asking for registered people to nominate themselves for
appointment as an architects board member (a new member);
and
(b) stating that only registered people may nominate; and
(c) stating the date for close of nominations (the close date);
(d) stating the information required for nomination.
Note Public notice means notice on an ACT government website or in a daily
newspaper circulating in the ACT (see Legislation Act, dict, pt 1).
(2) The date stated for close of nominations must be not less than 2 weeks
after the day the notice is published.
(3) A nomination must—
(a) be in writing, signed by the nominee; and
(b) include the following:
(i) the nominee’s contact details;
(ii) the nominee’s registration number;
(iii) a brief description of the nominee’s experience as a
registered architect in the ACT.
(4) The registrar must tell each nominee whether their nomination was
received before the close date as soon as practicable after receiving
the nomination.
(5) The Minister must tell each nominee whose nomination was received
before the close date in writing about the appointment of the new
member.
Part 2 Registration
Section 10
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(6) In this section:
prescribed period, for the appointment of an architects board
member, means the period starting 7 months before the day the term
of the architects board member’s appointment ends and ending 6
months before that day.
Miscellaneous Part 3
Section 11
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Part 3 Miscellaneous
11 Definitions for pt 3
In this part:
architect—
(a) means a person registered under the Act; and
(b) includes—
(i) for a complaint—a person who was registered when the
thing complained of happened; and
(ii) for occupational discipline—a person who was registered
when the contravention happened.
contravention, for occupational discipline against an architect, means
what the architect did that caused occupational discipline to be taken.
12 Information in annual report—Act, s 67
(1) The architects board’s annual report for a financial year must include
the following information about complaints:
(a) the total number of complaints made in the year;
(b) the number of complaints made about architects;
(c) the number of complaints made about architects who are not
registered;
(d) a description of the kinds of complaints made about
architects.
(2) The architects board’s annual report for a financial year must
include the following information about occupational discipline:
(a) the name of each architect against whom occupational
discipline was taken during the financial year;
Part 3 Miscellaneous
Section 12
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(b) for each person mentioned in paragraph (a)—
(i) the contravention; and
(ii) the occupational discipline taken; and
(iii) the result of any review of the decision to take
occupational discipline.
(3) The architects board annual report for a financial year must report
about other activities undertaken by the architects board.
Example of board activity
general advice given to consumers by the architects board
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• in relation to
• month
• under.
Note 3 Terms used in this regulation have the same meaning that they have in
the Architects Act 2004 (see Legislation Act, s 148). For example, the
following terms are defined in the Architects Act 2004, dict:
• local jurisdiction
• registered.
architect, for part 3 (Miscellaneous)—see section 11.
architects board member means a board member mentioned in the
Act, section 70 (1) (c).
contravention, for part 3 (Miscellaneous)—see section 11.
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
This regulation was made as part of the Architects Act 2004 (see A2004-20, s 102
and sch 1).
This regulation was originally the Architects Regulations 2004. It was renamed
under the Legislation Act 2001.
Architects Regulation 2004 SL2004-23
taken to have been notified LR 7 April 2004 (A2004-20, s 102 (3) (a))
s 1 taken to have commenced 7 April 2004 (LA s 75 (1))
remainder commenced 1 July 2004 (A2004-20, s 102 (3) (b))
as amended by
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 A2008-36 sch 1 pt 1.5
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.5 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 3.5
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
sch 3 pt 3.5 commenced 22 September 2009 (s 2)
Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.5
notified LR 28 November 2011
s 1, s 2 commenced 28 November 2011 (LA s 75 (1))
sch 3 pt 3.5 commenced 12 December 2011 (s 2)
Construction and Energy Efficiency Legislation Amendment Act 2013
A2013-31 pt 3
notified LR 26 August 2013
s 1, s 2 commenced 26 August 2013 (LA s 75 (1))
pt 3 commenced 1 September 2013 (s 2 (1))
Red Tape Reduction Legislation Amendment Act 2015 A2015-33
sch 1 pt 1.7
notified LR 30 September 2015
s 1, s 2 commenced 30 September 2015 (LA s 75 (1))
sch 1 pt 1.7 commenced 14 October 2015 (s 2)
Endnotes
3 Legislation history
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Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.3
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.3 commenced 24 August 2022 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Name of regulation
s 1 am R2 LA
Dictionary
s 2 am A2011-52 amdt 3.10
Prescribed qualifications for registration—Act, s 8 (2) (a) (i)
s 4 om A2013-31 s 7
Nominations for architects board member
s 10 am A2009-20 amdt 3.14; A2015-33 amdt 1.17, amdt 1.18;
A2022-14 amdt 3.7
Definitions for pt 3
s 11 def architect am A2008-36 amdt 1.55
def contravention sub A2008-36 amdt 1.56
Information in annual report—Act, s 67
s 12 am A2008-36 amdt 1.57
Prescribed qualifications
sch 1 om A2013-31 s 8
Dictionary
dict am A2009-20 amdt 3.15, amdt 3.16; A2011-52 amdt 3.11;
A2015-33 amdt 1.19
def architect ins A2011-52 amdt 3.12
def contravention ins A2011-52 amdt 3.12