This regulation replaces the earlier Architects Regulation and sets the rules for electing an architect member to the Board: how and when nominations and notices must be published, how architects may vote (electronic or paper), how ballots are secured, counted and retained, and how ties are resolved. It also prescribes particular architecture schools, approves a board code of practice, and lists fees.
It affects registered architects (voters and candidates), the registrar, any voting services provider and the Minister by fixing timelines, security duties and administrative burdens that determine how board elections operate.
The Architects Regulation 2019 sets out procedural rules and miscellaneous prescriptions that operationalise parts of the Architects Act as they relate to board elections, approved educational providers, approved code of practice, permitted titles and words, fees, electronic voting standards, ballot handling, record-keeping and transitional arrangements following repeal of the previous regulation. The regulation’s electoral provisions are concentrated in Part 2 and prescribe the timing, notice, nomination, ballot, voting, counting, reconciliation, notification and record-disposal processes for the election of an architect to the board, as required by section 143(2)(b) of the Act (sec 4). The regulation also prescribes standards for electronic voting systems (sec 23), specifies which schools of architecture are prescribed for the Act’s purposes (sec 24), approves a named code of practice made by the board (sec 25), and prescribes certain titles and words relevant to the Act’s restrictions on use of architectural titles and expressions (sec 26). Fees payable under the Act are stated in schedule 2 to the regulation (sec 27). The regulation repeals the Architects Regulation 2003 (sec 28) and contains transitional provisions preserving certain existing elections and procedures in narrowly defined circumstances (sec 29). Commencement is staged: the regulation, other than Part 5, commences on 8 July 2019, and Part 5 commences on 1 January 2020 (sec 2).
Mechanically, the regulation assigns operational responsibility to the registrar for administering or overseeing elections, including publishing notices (secs 5, 6, 11), ensuring electronic and paper ballots are available (sec 12), safeguarding ballot boxes and electronic voting system security (sec 16), arranging counting in the presence of witnesses (sec 17), publishing and giving notices of results (secs 9, 20, 21), and retaining and destroying voting records after a specified inspection period (sec 22). Where an external entity administers voting, the regulation requires the registrar to ensure that a voting services provider is publicly identified and that the provider delivers results to the registrar as soon as practicable after counting (secs 11, 19). The regulation sets fixed timeframes for notice and access to paper ballots, limits candidate statements to 200 words (sec 7), and prescribes a single-vote, first-past-the-post outcome with a specified tie-breaking draw (secs 14, 18). For electronic systems, the regulation requires the ability to change a vote prior to casting, protection of vote anonymity, and parity of scrutiny results with a manual count (sec 23).
Current sections
Direct links to the current provisions in Architects Regulation 2019.
41
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Architects Regulation 2019 .
sec.2
Commencement
sec.2 Commencement
This regulation, other than part 5 , commences on 8 July 2019.
Part 5 commences on 1 January 2020.
(sec.2-ssec.1) This regulation, other than part 5 , commences on 8 July 2019.
(sec.2-ssec.2) Part 5 commences on 1 January 2020.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 3 defines words used in this regulation.
pt.2
Election of architect to board
Election of architect to board
pt.2-div.1
Preliminary
Preliminary
sec.4
Purpose of part
sec.4 Purpose of part
This part states, for section 143 (2) (b) of the Act , the procedures for the election of an architect for appointment as a member of the board.
pt.2-div.2
Notice of election and nomination procedure
Notice of election and nomination procedure
sec.5
Notice of election
sec.5 Notice of election
The registrar must publish a notice that states the election day for the election.
The notice must be published at least 2 months before the election day.
(sec.5-ssec.1) The registrar must publish a notice that states the election day for the election.
(sec.5-ssec.2) The notice must be published at least 2 months before the election day.
sec.6
Notice calling for nominations
sec.6 Notice calling for nominations
The registrar must publish a notice inviting nominations of candidates for the election.
The notice must—
state the day and time by which a nomination of a candidate must be received by the registrar; and
be published at least 28 days before the day mentioned in paragraph (a) .
(sec.6-ssec.1) The registrar must publish a notice inviting nominations of candidates for the election.
(sec.6-ssec.2) The notice must— state the day and time by which a nomination of a candidate must be received by the registrar; and be published at least 28 days before the day mentioned in paragraph (a) .
(a) state the day and time by which a nomination of a candidate must be received by the registrar; and
(b) be published at least 28 days before the day mentioned in paragraph (a) .
sec.7
Requirements for nominations
sec.7 Requirements for nominations
A nomination of a candidate for the election must be—
in the approved form; and
received by the registrar before the nomination day and time.
A nomination may be accompanied by a written statement by the candidate.
The statement by the candidate must not be more than 200 words.
(sec.7-ssec.1) A nomination of a candidate for the election must be— in the approved form; and received by the registrar before the nomination day and time.
(sec.7-ssec.2) A nomination may be accompanied by a written statement by the candidate.
(sec.7-ssec.3) The statement by the candidate must not be more than 200 words.
(a) in the approved form; and
(b) received by the registrar before the nomination day and time.
pt.2-div.3
Procedure if only 1 candidate nominated
Procedure if only 1 candidate nominated
sec.8
Candidate taken to be elected unopposed
sec.8 Candidate taken to be elected unopposed
If only 1 candidate is nominated under division 2 —
the registrar is not required to conduct a ballot for the election; and
the candidate is taken to be elected unopposed.
(a) the registrar is not required to conduct a ballot for the election; and
(b) the candidate is taken to be elected unopposed.
sec.9
Registrar to give notice to candidate and Minister
sec.9 Registrar to give notice to candidate and Minister
The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
(sec.9-ssec.1) The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
(sec.9-ssec.2) Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
pt.2-div.4
Procedure if more than 1 candidate nominated
Procedure if more than 1 candidate nominated
sec.10
Registrar to conduct ballot
sec.10 Registrar to conduct ballot
If more than 1 candidate is nominated under division 2 , the registrar must conduct a ballot for the election under this division.
sec.11
Notice of accessibility of ballot
sec.11 Notice of accessibility of ballot
The registrar must, at least 35 days before the election day, publish a notice that—
states the election day and election closing time; and
states—
whether the registrar or a voting services provider is administering voting in the election; and
if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
provides instructions on how an eligible architect may cast a vote.
If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(sec.11-ssec.1) The registrar must, at least 35 days before the election day, publish a notice that— states the election day and election closing time; and states— whether the registrar or a voting services provider is administering voting in the election; and if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and provides instructions on how an eligible architect may cast a vote.
(sec.11-ssec.2) If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(a) states the election day and election closing time; and
(b) states— (i) whether the registrar or a voting services provider is administering voting in the election; and (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(c) provides instructions on how an eligible architect may cast a vote.
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
sec.12
Registrar to ensure ballot accessible
sec.12 Registrar to ensure ballot accessible
Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible architect for the election.
If an eligible architect wants to vote using a paper ballot form, the architect must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
If the registrar is administering voting in the election, the registrar must send the architect the following things at least 14 days before the election day—
a paper ballot form;
an unsealed envelope (the ballot envelope );
a return envelope.
If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible architect under subsection (2) , send the architect the printed voting material mentioned in subsection (3) at least 14 days before the election.
(sec.12-ssec.1) Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible architect for the election.
(sec.12-ssec.2) If an eligible architect wants to vote using a paper ballot form, the architect must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
(sec.12-ssec.3) If the registrar is administering voting in the election, the registrar must send the architect the following things at least 14 days before the election day— a paper ballot form; an unsealed envelope (the ballot envelope ); a return envelope.
(sec.12-ssec.4) If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible architect under subsection (2) , send the architect the printed voting material mentioned in subsection (3) at least 14 days before the election.
(a) a paper ballot form;
(b) an unsealed envelope (the ballot envelope );
(c) a return envelope.
sec.13
Requirements for ballot forms
sec.13 Requirements for ballot forms
An electronic ballot form or a paper ballot form must—
list the name of each candidate in alphabetical order; and
be accompanied by any written statements by the candidates given to the registrar.
The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(sec.13-ssec.1) An electronic ballot form or a paper ballot form must— list the name of each candidate in alphabetical order; and be accompanied by any written statements by the candidates given to the registrar.
(sec.13-ssec.2) The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(a) list the name of each candidate in alphabetical order; and
(b) be accompanied by any written statements by the candidates given to the registrar.
sec.14
Ways of voting
sec.14 Ways of voting
An eligible architect—
is entitled to a single vote at the election; and
may vote using—
an electronic ballot form; or
a paper ballot form.
An eligible architect who asks for a paper ballot form may vote using an electronic ballot form as long as the architect does not use the paper ballot form to vote.
(sec.14-ssec.1) An eligible architect— is entitled to a single vote at the election; and may vote using— an electronic ballot form; or a paper ballot form.
(sec.14-ssec.2) An eligible architect who asks for a paper ballot form may vote using an electronic ballot form as long as the architect does not use the paper ballot form to vote.
(a) is entitled to a single vote at the election; and
(b) may vote using— (i) an electronic ballot form; or (ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
sec.15
How votes are cast
sec.15 How votes are cast
For voting using an electronic ballot form, an eligible architect may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
For voting using a paper ballot form, an eligible architect may vote only by—
marking the ballot form with a cross opposite the name of 1 candidate; and
putting the ballot form in the ballot envelope and sealing the ballot envelope; and
putting the ballot envelope in the return envelope and sealing the return envelope; and
giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(sec.15-ssec.1) For voting using an electronic ballot form, an eligible architect may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
(sec.15-ssec.2) For voting using a paper ballot form, an eligible architect may vote only by— marking the ballot form with a cross opposite the name of 1 candidate; and putting the ballot form in the ballot envelope and sealing the ballot envelope; and putting the ballot envelope in the return envelope and sealing the return envelope; and giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(a) marking the ballot form with a cross opposite the name of 1 candidate; and
(b) putting the ballot form in the ballot envelope and sealing the ballot envelope; and
(c) putting the ballot envelope in the return envelope and sealing the return envelope; and
(d) giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
sec.16
Ballot box and electronic vote security
sec.16 Ballot box and electronic vote security
The registrar must ensure—
a ballot box is kept for the election; and
the ballot box is kept in a safe place; and
the ballot box is sealed in a way that—
allows ballot envelopes to be put in it until the election finishes; and
prevents ballot envelopes from being taken from it until votes for the election are to be counted.
The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(sec.16-ssec.1) The registrar must ensure— a ballot box is kept for the election; and the ballot box is kept in a safe place; and the ballot box is sealed in a way that— allows ballot envelopes to be put in it until the election finishes; and prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(sec.16-ssec.2) The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(a) a ballot box is kept for the election; and
(b) the ballot box is kept in a safe place; and
(c) the ballot box is sealed in a way that— (i) allows ballot envelopes to be put in it until the election finishes; and (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
sec.17
Counting of votes
sec.17 Counting of votes
The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.
For votes cast using a paper ballot form, the entity counting the votes must—
open each ballot envelope in the ballot box for the election; and
accept each formal ballot form and reject each informal ballot form; and
count and record the number of votes for each candidate on all ballot forms accepted under this section.
The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.
Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.
In this section—
formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) .
informal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section 15 (2) (a) .
(sec.17-ssec.1) The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.
(sec.17-ssec.2) For votes cast using a paper ballot form, the entity counting the votes must— open each ballot envelope in the ballot box for the election; and accept each formal ballot form and reject each informal ballot form; and count and record the number of votes for each candidate on all ballot forms accepted under this section.
(sec.17-ssec.3) The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.
(sec.17-ssec.4) Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.
(sec.17-ssec.5) In this section— formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) . informal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section 15 (2) (a) .
(a) open each ballot envelope in the ballot box for the election; and
(b) accept each formal ballot form and reject each informal ballot form; and
(c) count and record the number of votes for each candidate on all ballot forms accepted under this section.
sec.18
Candidate with the highest number of votes is elected
sec.18 Candidate with the highest number of votes is elected
The candidate with the highest number of votes is elected.
However, subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided.
The registrar must conduct a draw by completing the following steps in the presence of at least 2 witnesses—
writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;
folding the pieces of paper in the same way to be the same size and thickness;
putting the pieces of paper in a container and shuffling them;
drawing out 1 of the pieces of paper.
The candidate whose name is drawn out under subsection (3) (d) is elected.
(sec.18-ssec.1) The candidate with the highest number of votes is elected.
(sec.18-ssec.2) However, subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided.
(sec.18-ssec.3) The registrar must conduct a draw by completing the following steps in the presence of at least 2 witnesses— writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour; folding the pieces of paper in the same way to be the same size and thickness; putting the pieces of paper in a container and shuffling them; drawing out 1 of the pieces of paper.
(sec.18-ssec.4) The candidate whose name is drawn out under subsection (3) (d) is elected.
(a) writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour;
(b) folding the pieces of paper in the same way to be the same size and thickness;
(c) putting the pieces of paper in a container and shuffling them;
(d) drawing out 1 of the pieces of paper.
sec.19
Voting services provider to give notice to registrar
sec.19 Voting services provider to give notice to registrar
This section applies if a voting services provider is administering voting in the election.
The registrar must ensure the voting services provider gives the registrar written notice of the result of the counting of votes as soon as practicable after counting all the votes.
(sec.19-ssec.1) This section applies if a voting services provider is administering voting in the election.
(sec.19-ssec.2) The registrar must ensure the voting services provider gives the registrar written notice of the result of the counting of votes as soon as practicable after counting all the votes.
sec.20
Registrar to give notice to Minister
sec.20 Registrar to give notice to Minister
The registrar must give the Minister written notice of the result of the counting of votes and the candidate elected as soon as practicable after counting all the votes.
sec.21
Registrar to give notice to candidates
sec.21 Registrar to give notice to candidates
As soon as practicable after the appointment of the elected candidate to the board, the registrar must—
give each candidate written notice of the candidate elected as soon as practicable after the candidate’s appointment to the board; and
publish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board.
(a) give each candidate written notice of the candidate elected as soon as practicable after the candidate’s appointment to the board; and
(b) publish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board.
sec.22
Disposal of ballots
sec.22 Disposal of ballots
The registrar must ensure—
all electronic ballot forms are kept in a secure electronic location for the inspection period; and
the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.
During the inspection period, the registrar must ensure the count of electronic ballot forms and paper ballot forms is available for inspection by members of the public, free of charge, at the board’s office during ordinary office hours.
At the end of the inspection period, the registrar must ensure the electronic ballot forms and paper ballot forms are destroyed.
In this section—
inspection period , for an election, means the period of 3 months starting on the election day.
(sec.22-ssec.1) The registrar must ensure— all electronic ballot forms are kept in a secure electronic location for the inspection period; and the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.
(sec.22-ssec.2) During the inspection period, the registrar must ensure the count of electronic ballot forms and paper ballot forms is available for inspection by members of the public, free of charge, at the board’s office during ordinary office hours.
(sec.22-ssec.3) At the end of the inspection period, the registrar must ensure the electronic ballot forms and paper ballot forms are destroyed.
(sec.22-ssec.4) In this section— inspection period , for an election, means the period of 3 months starting on the election day.
(a) all electronic ballot forms are kept in a secure electronic location for the inspection period; and
(b) the paper ballot forms that were put in the ballot box under section 16 (1) are kept for the inspection period.
pt.3
Miscellaneous
Miscellaneous
sec.23
Requirements for electronic voting systems
sec.23 Requirements for electronic voting systems
An electronic voting system must—
give an eligible architect an opportunity to change the architect’s vote before casting the vote; and
not allow a person to find out how a particular architect cast the architect’s vote; and
give the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system.
(a) give an eligible architect an opportunity to change the architect’s vote before casting the vote; and
(b) not allow a person to find out how a particular architect cast the architect’s vote; and
(c) give the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system.
sec.24
Prescribed schools of architecture— Act , s 82
sec.24 Prescribed schools of architecture— Act , s 82
For section 82 (2) (a) (i) of the Act , a school of architecture (however described) at each of the following universities is a prescribed school of architecture—
Bond University;
Griffith University;
Queensland University of Technology;
The University of Queensland.
(a) Bond University;
(b) Griffith University;
(c) Queensland University of Technology;
(d) The University of Queensland.
sec.25
Code of practice approved— Act , s 108
sec.25 Code of practice approved— Act , s 108
For section 108 (3) of the Act , the code of practice called ‘Board of Architects of Queensland Code of Practice’ made by the board on 12 December 2018 is approved.
sec.26
Prescribed titles, names or words— Act , s 114
sec.26 Prescribed titles, names or words— Act , s 114
The titles and names stated in schedule 1 , part 1 are prescribed for section 114 (1) (b) of the Act .
The words stated in schedule 1 , part 2 are prescribed for section 114 (2) (b) of the Act .
(sec.26-ssec.1) The titles and names stated in schedule 1 , part 1 are prescribed for section 114 (1) (b) of the Act .
(sec.26-ssec.2) The words stated in schedule 1 , part 2 are prescribed for section 114 (2) (b) of the Act .
sec.27
Fees
sec.27 Fees
The fees payable under the Act are stated in schedule 2 .
pt.4
Repeal and transitional provision
Repeal and transitional provision
pt.4-div.1
Repeal
Repeal
sec.28
Repeal
sec.28 Repeal
The Architects Regulation 2003 , SL No. 11 is repealed.
pt.4-div.2
Transitional provision
Transitional provision
sec.29
Provision for particular elections
sec.29 Provision for particular elections
If the election day for an election occurred under the repealed regulation within 3 months before the commencement, the following provisions continue to apply in relation to the election to the entity that administered voting in the election as if this regulation had not been made—
if the entity was the registrar—the repealed regulation, section 17;
if the entity was a voting services provider—the repealed regulation, section 17A.
If an election was started but the election day for the election had not occurred under the repealed regulation before the commencement, the repealed regulation, part 2 continues to apply to the election as if this regulation had not been made.
In this section—
repealed regulation means the repealed Architects Regulation 2003 .
(sec.29-ssec.1) If the election day for an election occurred under the repealed regulation within 3 months before the commencement, the following provisions continue to apply in relation to the election to the entity that administered voting in the election as if this regulation had not been made— if the entity was the registrar—the repealed regulation, section 17; if the entity was a voting services provider—the repealed regulation, section 17A.
(sec.29-ssec.2) If an election was started but the election day for the election had not occurred under the repealed regulation before the commencement, the repealed regulation, part 2 continues to apply to the election as if this regulation had not been made.
(sec.29-ssec.3) In this section— repealed regulation means the repealed Architects Regulation 2003 .
(a) if the entity was the registrar—the repealed regulation, section 17;
(b) if the entity was a voting services provider—the repealed regulation, section 17A.
sch.1-pt.1
Titles or names
Titles or names
sch.1-pt.2
Words
Words
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Architects Regulation 2019 .
sec.2 Commencement
sec.2 Commencement
This regulation, other than part 5 , commences on 8 July 2019.
Part 5 commences on 1 January 2020.
(sec.2-ssec.1) This regulation, other than part 5 , commences on 8 July 2019.
(sec.2-ssec.2) Part 5 commences on 1 January 2020.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 3 defines words used in this regulation.
pt.2 Election of architect to board
Election of architect to board
pt.2-div.1 Preliminary
Preliminary
sec.4 Purpose of part
sec.4 Purpose of part
This part states, for section 143 (2) (b) of the Act , the procedures for the election of an architect for appointment as a member of the board.
pt.2-div.2 Notice of election and nomination procedure
Notice of election and nomination procedure
sec.5 Notice of election
sec.5 Notice of election
The registrar must publish a notice that states the election day for the election.
The notice must be published at least 2 months before the election day.
(sec.5-ssec.1) The registrar must publish a notice that states the election day for the election.
(sec.5-ssec.2) The notice must be published at least 2 months before the election day.
sec.6 Notice calling for nominations
sec.6 Notice calling for nominations
The registrar must publish a notice inviting nominations of candidates for the election.
The notice must—
state the day and time by which a nomination of a candidate must be received by the registrar; and
be published at least 28 days before the day mentioned in paragraph (a) .
(sec.6-ssec.1) The registrar must publish a notice inviting nominations of candidates for the election.
(sec.6-ssec.2) The notice must— state the day and time by which a nomination of a candidate must be received by the registrar; and be published at least 28 days before the day mentioned in paragraph (a) .
(a) state the day and time by which a nomination of a candidate must be received by the registrar; and
(b) be published at least 28 days before the day mentioned in paragraph (a) .
sec.7 Requirements for nominations
The text of the regulation supplied here does not include the contents of schedule 2 (fee schedule), schedule 3 (dictionary) or Part 5 text that commences later; those items are referred to but their details are not reproduced in this instrument. The regulation itself does not embed criminal or civil penalty clauses within the provisions shown; enforcement and penalties, where applicable, operate through the Act and other instruments to which this regulation points (see cross-references to Act sections in secs 4, 24, 25, 26 and 27).
Main concepts
The regulation is structured around a few recurring, operational concepts that determine how architect board elections and related procedural matters are conducted.
Election administration and registrar responsibility. The registrar is the central decision-maker and implementing official for election procedures. The registrar must publish notice of election day at least two months before the election day (sec 5), publish a call for nominations at least 28 days before the nomination deadline (sec 6), ensure an electronic ballot form is immediately accessible after the accessibility notice is published (sec 12(1)), provide or ensure provision of paper ballot materials where requested (sec 12(3)-(4)), keep a ballot box secure (sec 16(1)), arrange counting of votes as soon as practicable after the close of voting (sec 17(1)), and give notices to successful candidates, the Minister and others (secs 9, 20, 21). Where voting is administered by a voting services provider, the registrar must publish the provider’s name and contact details (sec 11(1)(b)(ii) and (2)) and ensure the provider gives written notice of results to the registrar promptly after counting (sec 19).
Fixed timelines and minimum notice periods. The regulation defines minimum advance-notice periods to ensure predictable windows for nominations, ballot access and delivery of paper materials. Notices of election must be published at least two months before election day (sec 5). The call for nominations must be published at least 28 days before the nomination receipt deadline (sec 6(2)). If an eligible architect requests a paper ballot they must do so at least 28 days before election day (sec 12(2)), and the registrar or provider must send requested printed voting material at least 14 days before election day (sec 12(3)-(4)).
Single vote, simple plurality and tie-breaking. Each eligible architect is entitled to a single vote (sec 14(1)). The candidate with the highest number of votes is elected (sec 18(1)). If two or more candidates tie for the highest votes, the regulation prescribes a physical draw procedure conducted by the registrar in the presence of at least two witnesses, using folded, identical pieces of paper bearing the candidates’ names (sec 18(3)-(4)).
Paper and electronic voting parity, security and auditability. Electronic and paper votes are treated as alternate means to the same end. Paper ballot forms must list candidates alphabetically and be accompanied by any candidate statements (sec 13). The registrar must ensure that electronic systems are secure from interference (sec 16(2)) and meet three functional requirements: allow voters to change their vote prior to casting, prevent others from discovering how a particular architect voted, and deliver the same result on scrutiny as manual counting would (sec 23). The counting of paper ballots must be done in the presence of at least two witnesses (sec 17(3)). Both electronic and paper ballots are retained for an inspection period of three months after election day, and must be destroyed at the end of that period (sec 22).
Candidate nomination and statement limits. Nominations must be in an approved form and received by the registrar by the specified time (sec 7(1)). Candidate statements may accompany nominations but are capped at 200 words (sec 7(2)-(3)). If only one candidate is nominated, the registrar need not hold a ballot and the candidate is taken to be elected unopposed (sec 8).
Prescriptions beyond elections. The regulation prescribes specified schools as acceptable architectural schools for Act purposes (sec 24), approves a named code of practice made by the board (sec 25), prescribes titles and words in schedule 1 for use or restriction under the Act (sec 26), and sets fees in schedule 2 that are payable under the Act (sec 27). The regulation repeals the previous Architects Regulation 2003, with transitional rules preserving certain procedures for elections that were already underway under the repealed regulation (secs 28-29).
Record-keeping and public inspection. The regulation mandates retention of electronic and paper ballots in secure locations for a three month inspection period following election day, during which the count must be available for inspection by members of the public, free of charge at the board’s office during ordinary office hours (sec 22(1)-(2)). After the inspection period the records must be destroyed (sec 22(3)).
Who it affects
The regulation names a small set of roles and entities that bear rights, duties or practical impacts under its terms. The principal actors are the registrar, eligible architects, candidates, the Minister, the board, voting services providers, members of the public seeking to inspect election records, and named universities for the purpose of the Act’s academic prescriptions.
Registrar. The registrar is the primary decision-maker under the regulation. The registrar must publish election notices (secs 5, 6, 11), ensure electronic ballots are accessible and paper ballot materials provided when requested (sec 12), ensure the ballot box and electronic voting security (sec 16), arrange counting and ensure it is witnessed (sec 17), notify candidates and the Minister of results (secs 9, 20, 21), ensure voting service providers notify the registrar of results when they administer voting (sec 19), and retain and destroy ballots after the inspection period (sec 22). The registrar therefore incurs the administrative burden of organising, securing and documenting elections and must make operational judgement calls about using an external voting services provider (sec 11(1)(b)(i)-(ii)).
Eligible architects and candidates. Eligible architects are entitled to a single vote and determine the election outcome (sec 14(1)). They may vote electronically or by paper (sec 14(1)(b)). Eligible architects who wish to use paper ballots must request one at least 28 days before the election (sec 12(2)). Candidates must lodge nominations in the approved form, by the nominated time (sec 7(1)), and may include a written statement of no more than 200 words (sec 7(2)-(3)). If only one candidate is nominated, that candidate is taken to be elected unopposed and no ballot is required (sec 8).
Voting services providers. Where the registrar engages an external provider to administer voting, the provider must be publicly identified on the board’s website from the date the accessibility notice is published (sec 11(2)). The registrar must ensure the provider gives written notice of the result to the registrar as soon as practicable after counting (sec 19). The regulation imposes both operational transparency and notification duties on the provider, and subjects the provider’s operations to the registrar’s oversight obligations, particularly around security and delivery of printed materials (secs 11, 12, 19, 16).
The Minister and the board. The registrar must give written notice to the Minister of the candidate’s election and the counting result as soon as practicable after counting (secs 9(1), 20). The board benefits from an appointed member following the election process; the regulation also approves a code of practice made by the board (sec 25). The board’s office is the place where election records must be made available for public inspection during the three month inspection period (sec 22(2)).
Members of the public. The public has a limited right to inspect the count of electronic and paper ballot forms, free of charge, at the board’s office during ordinary office hours for three months following election day (sec 22(2)-(4)). That provision creates a transparency mechanism which allows scrutiny of the result but only within the three month window.
Universities and prescribed schools. For the operation of section 82 of the Act, the regulation prescribes a school of architecture at each of Bond University, Griffith University, Queensland University of Technology and The University of Queensland (sec 24). Those institutions are therefore directly affected for any determinations or privileges under the Act that hinge on prescribed schools of architecture.
Persons affected by title and word restrictions. The regulation prescribes titles, names and words in schedule 1 for the purposes of section 114 of the Act, which likely governs the use of protected titles and expressions (sec 26). Those prescribed titles and words will affect individuals and entities deciding whether they can use particular professional labels or descriptions, but the exact list sits in schedule 1 and is not reproduced here.
Who pays and who decides. The regulation places decision and organisational responsibilities on the registrar; it does not specify a funding mechanism. Practical administration costs, including procurement of a voting services provider, printing and postage of paper ballots (sec 12(3)-(4)), and securing ballot boxes and electronic systems (sec 16), will fall to the registrar or the board entity that funds the registrar’s office, although the regulation does not prescribe the budgetary source.
Who is not the subject of new liability within the regulation. The regulation text provided does not create new offence-level penalties within its provisions. Enforcement and penalty mechanisms, if any, must be found in the Act or other laws to which this regulation refers, not in the regulation text provided here.
Key duties and rights
This regulation creates a compact set of express duties, rights and processes for election administration and complementary items. The list below maps duties, rights and constraints to specific sections.
Registrar duties. The registrar has multiple affirmative duties:
Publish notice of election day at least two months in advance (sec 5(1)-(2)).
Publish a notice calling for nominations that states the day and time by which nominations must be received, at least 28 days before that day (sec 6(1)-(2)).
Ensure electronic ballot forms are accessible to eligible architects immediately after the accessibility notice (sec 12(1)).
Provide or ensure provision of printed ballot material for requests made at least 28 days before election day; ensure printed materials are sent at least 14 days before election day (sec 12(2)-(4)).
Ensure a ballot box is kept in a safe place and sealed appropriately (sec 16(1)).
Ensure appropriate measures are in place to keep an electronic voting system secure from interference at all times (sec 16(2)).
Arrange counting of votes as soon as practicable after close of voting, and ensure the paper vote counting procedures are performed in the presence of at least two witnesses (sec 17(1)-(3)).
Ensure the count of electronic and paper ballot forms is available for public inspection, free of charge, at the board’s office during ordinary office hours for the inspection period (sec 22(2)).
Notify the Minister of election results and notify candidates of the elected candidate (secs 9(1), 20, 21(1)(a)-(b)).
If a voting services provider is used, ensure the provider gives written notice of results to the registrar promptly after counting (sec 19).
Registrar discretions and obligations to ensure. The registrar must “ensure” various actions, such as security and publication of provider details, but the regulation leaves operational choices (which voting services provider, how to secure systems) to the registrar; the text does not prescribe technical standards beyond the functional requirements in sec 23 and the “appropriate measures” formulation in sec 16(2).
Eligible architect rights. Eligible architects have these explicit rights:
To be given access to an electronic ballot form (sec 12(1)).
To request a paper ballot form at least 28 days before the election (sec 12(2)).
To vote by electronic or paper ballot and be entitled to a single vote only (sec 14(1)-(2)).
To have the count available for public inspection during the inspection period (sec 22(2)).
Candidate obligations and constraints. Candidates must:
Provide nominations in the approved form and by the nomination deadline (sec 7(1)).
Limit any written statement accompanying the nomination to no more than 200 words (sec 7(2)-(3)).
Accept that if only one nomination is received the registrar need not hold a ballot and the candidate is taken to be elected unopposed (sec 8).
Voting process obligations on voters. For paper voting, specific procedural obligations on the voter produce formal or informal ballots:
Mark the ballot form with a cross opposite the name of one candidate only (sec 15(2)(a)).
Place the ballot in the ballot envelope, seal it, place the ballot envelope in the return envelope, seal that and deliver it so it is received before the election closing time (sec 15(2)(b)-(d)).
Electronic voting is constrained by the electronic system’s instructions and must be executed by the election closing time (sec 15(1)).
Voting services provider obligations. If a provider administers voting, the registrar must publish the provider’s name and contact details and ensure the provider will send printed voting material for paper ballot requests and give the registrar written notice of the counting results as soon as practicable after counting (secs 11(1)(b)(ii), 11(2), 12(4), 19).
Ballot integrity, anonymity and auditability rights. The regulation gives voters a right to anonymity by requiring that the electronic system not allow discovery of how a particular architect voted (sec 23(2)). The regulation also demands parity between electronic and manual scrutiny results (sec 23(3)) and requires the registrar to ensure the electronic voting system is secure from interference (sec 16(2)).
Record-keeping and public inspection rights and duties. Electronic ballot forms and paper ballot forms must be retained for three months after election day in secure locations (sec 22(1)), be available for public inspection free of charge during that period at the board’s office (sec 22(2)), and be destroyed at the end of the inspection period (sec 22(3)).
Limitations and constraints. The regulation contains specific constraints, including alphabetically listing candidate names on ballot forms (sec 13(1)(a)), limiting candidate statements to 200 words (sec 7(3)), and prescribing the exact physical procedure for breaking ties by an in-person draw in the presence of witnesses (sec 18(3)-(4)).
Absence of express penalties in the regulation. The regulation text supplied does not create express penalties or offences within these provisions; duties are framed in mandatory language such as “must” and “ensure”, but the instrument does not itself set out sanctions, fines or criminal offences for non-compliance. Enforcement mechanisms, if any, are to be found in the Act or other instruments, not within the quoted regulation text.
Penalties and enforcement
The regulation’s text, as provided, sets mandatory procedural obligations but does not include express penalty or offence provisions. The instrument repeatedly uses imperative language such as “must” and “ensure” to create duties for the registrar and others, for example the duty to publish notices (secs 5, 6), to secure ballot boxes and electronic systems (sec 16), to arrange counting (sec 17), and to retain and destroy ballots according to the inspection period (sec 22). Those obligations create an expectation of compliance, but the regulation itself does not specify financial penalties, criminal sanctions or administrative fines for failure to comply.
Where enforcement arises it will be through the Architects Act or other applicable laws. The regulation cross-references sections of the Act, for example s 143(2)(b) (sec 4), s 82 (sec 24), s 108 (sec 25) and s 114 (sec 26), indicating that the regulatory measures are intended to operationalise Act provisions; any penalty or disciplinary regime for non-compliance with Act duties or misuses of prescribed titles, for instance, will be governed by the Act. The regulation therefore functions as a procedural and administrative instrument rather than an instrument creating stand-alone punishments.
Practical enforcement mechanisms implicit in the regulation. Although the regulation lacks explicit penalty clauses, it embeds mechanisms that enable oversight and scrutiny, which can be used operationally to detect and escalate non-compliance:
Public inspection. The requirement to make the count available for public inspection at the board office during the three month inspection period (sec 22(2)) is a transparency mechanism that may facilitate discovery of counting errors or irregularities by members of the public.
Witnessed counting. The requirement that paper ballot counting be carried out in the presence of at least two witnesses (sec 17(3)) imposes a procedural safeguard intended to reduce the risk of tampering and to furnish witness evidence should a dispute arise.
Registrar oversight of providers. Where a voting services provider administers voting, the registrar must publish the provider’s details and ensure the provider gives written notice of results (secs 11, 19). This creates a record trail and accountability for outsourced administration.
Where the regulation’s duties are breached, remedies or sanctions, if needed, must be sought under the Act or by administrative processes established by the board and registrar. The text supplied does not describe complaint, review, appeal or disciplinary processes in relation to election administration. Users of this regulation who anticipate or confront non-compliance should consult the Architects Act and relevant administrative law avenues for remedies, including any statutory powers to investigate, suspend or invalidate elections, and any general administrative review or judicial review remedies.
Risk of operational enforcement gaps. Because the regulation places the operational burden of ensuring security, accessibility and correct counting on the registrar and, where applicable, on voting services providers, enforcement in practice depends on the registrar’s diligence and on the board’s internal governance arrangements. The regulation does not create an independent electoral commission or reviewer; oversight is internal to the board/registrar structure, supplemented by the public inspection window. The absence of express penalties in the regulation increases the practical importance of the Act and the board’s governance instruments for defining sanctions.
How it interacts with other laws
The regulation repeatedly cross-references the Architects Act and replaces a prior regulation; its legal force must be understood in that statutory context. The regulation operationalises specific Act provisions by supplying detailed procedural rules where the Act delegated such rule-making power.
Direct cross-references to the Act. The regulation explicitly connects its provisions to the Act at several points:
Part 2 implements procedures for the election of an architect for appointment as a member of the board pursuant to section 143(2)(b) of the Act (sec 4).
Section 24 prescribes certain schools of architecture for the purposes of section 82(2)(a)(i) of the Act (sec 24).
Section 25 approves a code of practice made by the board in accordance with section 108(3) of the Act (sec 25).
Section 26 prescribes titles, names and words for the purposes of section 114 of the Act (sec 26).
Section 27 states that fees payable under the Act are set out in schedule 2 of the regulation (sec 27).
Those cross-references show the regulation is subordinate and complementary to the Act. The regulation supplies procedural detail,timelines, formats, retention periods,that the Act either leaves to subordinate legislation or requires the board to make.
Repeal and transitional continuity. The regulation repeals the Architects Regulation 2003 (sec 28) and contains transitional provisions preserving the application of the repealed regulation’s provisions to elections that were already underway in specified circumstances (sec 29). Section 29 explicitly saves the application of certain sections of the repealed regulation, depending on whether the entity administering voting was the registrar or a voting services provider. This transitional mechanism prevents discontinuities for elections started under the old regulatory regime.
Administrative law and procurement regimes. The regulation allows the registrar to use a voting services provider for administering voting (sec 11(1)(b)(i)-(ii)). Procurement and contracting of a provider will intersect with public sector procurement rules, contract law and any procurement policies applicable to the registrar’s agency or to the board. Those processes are not detailed in the regulation, but the interaction is operational: the registrar must publish provider details and ensure outcomes from the provider (secs 11, 12, 19).
Privacy and data protection. The regulation requires that an electronic voting system “not allow a person to find out how a particular architect cast the architect’s vote” (sec 23(2)). That confidentiality requirement intersects with broader privacy and data-protection laws and policies that govern retention, storage and destruction of personal data, particularly in relation to electronic ballot forms and the three month retention period (sec 22(1)-(3)). The regulation itself prescribes a retention and destruction schedule, but compliance with privacy obligations will require the registrar and any provider to be mindful of privacy statutes and good practice.
Records, inspection and freedom of information. The regulation mandates public inspection of the count free of charge at the board’s office during ordinary office hours for three months after election day (sec 22(2)). That transparency requirement interplays with any freedom of information or public records legislation, which may provide further mechanisms for access to materials beyond the inspection window, or create limitations on disclosure. The regulation’s destruction requirement at the end of the inspection period (sec 22(3)) also interacts with record-keeping laws that may impose minimum retention periods for public records; any conflict would need to be resolved through the Act or other applicable statutory instruments.
Criminal law and electoral offences. The regulation imposes duties to secure ballot boxes and electronic voting systems (sec 16), but it does not create statutory electoral offences within its text. If unlawful interference, fraud or tampering occurs, general criminal laws would apply. The regulation’s procedural safeguards, such as witness requirements for counting (sec 17(3)), are designed to enable detection and evidentiary support for enforcement under other laws.
Professional regulation and title use. The regulation prescribes titles and words for the purposes of the Act’s restrictions on the use of architectural titles and expressions (sec 26). Those prescriptions will interact with the Act’s regulatory scheme governing misuse of protected titles, including any disciplinary or enforcement regime set out in the Act. The regulation itself does not specify sanctions for misuse; enforcement would follow the Act’s mechanisms.
In sum, the regulation is an enabling and procedural instrument that must be read and applied in tandem with the Architects Act and with other statutes and obligations that govern contracting, privacy, records, procurement and criminal enforcement. The regulation supplies operational detail but relies on the Act and broader statutory frameworks for penalty, review and high-level policy.
Amendment history
The version of the regulation presented contains internal references to commencement and a repeal but does not include a schedule of subsequent amendments. The instrument itself repeals the Architects Regulation 2003 (sec 28), and it contains transitional provisions designed to preserve continuity for elections underway at the point of commencement (sec 29). Commencement is staggered: the regulation, other than Part 5, commences on 8 July 2019, and Part 5 commences on 1 January 2020 (sec 2).
Specific repeal action. Section 28 expressly repeals the Architects Regulation 2003 (SL No. 11). The repeal thereby displaces the prior detailed regulatory framework and replaces it with the current instrument’s processes. The transitional provision in section 29 recognises the potential for ongoing elections under the repealed regulation and saves specific sections of the repealed instrument to supply continuity where the election day occurred within three months before commencement or where an election had started but its election day had not yet occurred. In particular, section 29(1) preserves application of section 17 of the repealed regulation to entities that administered voting and were the registrar, and section 17A of the repealed regulation where the entity was a voting services provider, for elections whose election day fell within the three month window prior to commencement. Section 29(2) provides that if an election was started but the election day had not occurred before commencement, the repealed regulation’s Part 2 continues to apply to that election as if the new regulation had not been made.
Commencement mechanics and phase-in of Part 5. Section 2 provides that all parts of the regulation except Part 5 commence on 8 July 2019, while Part 5 commences on 1 January 2020. The text provided here does not reproduce Part 5, and so practitioners should consult the full instrument to identify the content of Part 5 and plan for the delayed commencement effect.
Schedule-based detail. The regulation points to schedule 1 (titles and words), schedule 2 (fees) and schedule 3 (dictionary) for detailed, operative elements. Amendment history in practice may often be realised through changes to schedules, for example updates to fee amounts in schedule 2 or to the lists of prescribed titles or words in schedule 1. The version provided does not reproduce schedule contents in full, except to note that schedule 3 contains the dictionary and schedule 1 contains prescribed titles and words. Any subsequent legislative amendments that alter schedules will materially change operational impacts without necessarily changing the main body text.
No judicially recorded amendments or case law in the text. The regulation does not include an annexed amendment history or references to judicial decisions. Where courts or tribunals have interpreted the regulation or the Act, those decisions would not be reflected in the regulation text itself. The absence of such material in the text supplied means that practitioners should look to the Act, parliamentary materials and any gazetted amendment instruments or consolidated versions for a complete amendment history.
Practical implication for practitioners. Because the regulation replaces an earlier instrument and contains transitional savings, those involved in elections that straddle the repeal and commencement must pay attention to section 29 to determine whether the older procedures apply. Additionally, because schedule items and Part 5 may contain material operational detail, a full compliance check requires consulting the complete, enacted instrument as published in consolidated form.
Litigation history
The regulation text supplied does not identify or report any litigation or judicial decisions relating to the Architects Regulation 2019 or to elections run under it. No cases, proceedings or determinations are named or summarised in the instrument. Where litigation has occurred or is pending, that information would sit outside the statutory text and must be sought in judicial or tribunal databases, or in published decisions interpreting the Act or the regulation.
What is present in the instrument relevant to litigation risk. Although the regulation contains no litigation history, several features create potential sources of disputes that could give rise to litigation or administrative review:
Tie-breaking by draw. The prescribed procedure for resolving exact ties is a physical draw by the registrar in the presence of at least two witnesses (sec 18(3)-(4)). Disputes about whether the draw was properly conducted, or whether the draw was necessary, would likely be factual and procedural.
Count and witness requirements. The counting of paper ballots must be conducted in the presence of at least two witnesses (sec 17(3)). Disputes could arise about whether the required procedures were followed, whether witnesses were impartial, and whether any ballots were improperly accepted or rejected, given the discretion to accept an informal ballot where the voter’s intention is clear (sec 17(4)).
Electronic voting parity. The requirement that electronic voting produce the same result in scrutiny as manual counting (sec 23(3)) may be a focal point for litigation if any discrepancy appears between electronic and manual records.
Retention and destruction of records. The regulation requires ballots to be destroyed at the end of the three month inspection period (sec 22(3)). Disputes concerning preservation of evidence or access to records beyond that window could lead to litigation if parties assert that records should have been retained for a longer period.
Absence of reported cases in the text. Because the instrument itself contains no litigation record, practitioners should not infer litigation outcomes or judicial interpretations from the regulation text. For an accurate litigation history, consult court and tribunal databases and decisions that reference the Architects Act and the Architects Regulation 2019.
Gotchas
The regulation appears straightforward but contains multiple practical traps and tight procedural windows that can disrupt an election or create compliance and reputational risk if not managed precisely.
Timing constraints and deadlines. Notices and request deadlines are tightly specified:
Election day notice must be published at least two months before the election (sec 5(2)).
The call for nominations must be published at least 28 days before the nomination deadline (sec 6(2)); nominations must then be received before the day and time stated (sec 7(1)(b)).
Requests for paper ballots must be made at least 28 days before election day (sec 12(2)); the registrar or provider must then send printed materials at least 14 days before election day (sec 12(3)-(4)).
Failure to comply with these deadlines could result in disenfranchisement, logistical failure to deliver paper ballots on time, or challenges on grounds of improper notice.
Single-vote and marking requirements. Eligible architects have only one vote (sec 14(1)). For paper ballots, the ballot must be marked with a cross opposite the name of one candidate only (sec 15(2)(a)); marking otherwise risks being an informal ballot (sec 17(2)(b)). The counting authority does have discretion to accept an informal ballot if the voter’s intention is clear (sec 17(4)), but relying on that discretion introduces uncertainty.
Paper vs electronic interplay and ballot requests. An eligible architect who requests a paper ballot may still vote electronically as long as they do not use the paper ballot form to vote (sec 14(2)). This can create confusion: a voter might request a paper ballot then cast an electronic vote and accidentally mail the paper ballot, potentially creating duplicate returns or informal ballots. Robust administrative controls and clear voter instructions are necessary.
Security and anonymity requirements for electronic systems. Section 23 imposes three functional requirements on electronic voting: allow changing votes prior to casting, maintain voter anonymity, and reproduce the same scrutiny result as manual counting. Those are high-level functional requirements, not technical specifications. Implementers must translate them into secure authentication, anonymisation, and verifiable audit processes; poor technical implementation risks failing sec 23 requirements and undermining public confidence.
Outsourcing risks and procurement. The registrar may use a voting services provider, but the registrar remains responsible to ensure that provider meets obligations, including sending printed materials and providing results to the registrar (secs 11, 12, 19). Contractual oversight, SLA clauses, and contingency planning are necessary. A provider failure close to voting day could be difficult to remedy given the tight timelines.
Record retention and destruction. Electronic and paper ballots must be retained securely for three months from election day and then destroyed (sec 22(1), (3)). Practitioners should note that destruction is mandated; if litigation or a records request arises after destruction, records may not be available. Parties who think future disputes are likely should seek preservation directions or stay destruction, but there is no mechanism in the regulation itself to halt destruction once the inspection period ends.
Tie-break draw is simplistic. If two or more candidates tie on identical votes, the regulation mandates a specific physical draw procedure by the registrar in the presence of at least two witnesses, using folded identical pieces of paper containing the candidates’ names (sec 18(3)-(4)). That single method offers no alternative such as recounts or preferential mechanisms; a contested tie might raise issues about the fairness of the draw or the adequacy of witness arrangements.
Inspection window and public access. The count must be available for public inspection free of charge at the board’s office during ordinary office hours for three months after election day (sec 22(2)). That limited window constrains the period during which members of the public can examine the count; parties who miss that window will not have later access under the regulation’s terms, as ballots must be destroyed at the end of the period (sec 22(3)). This timing interacts with potential review or appeal periods under the Act, which practitioners must coordinate.
Non-exhaustive technical standards. The regulation requires “appropriate measures” to secure electronic systems from interference (sec 16(2)), but it does not prescribe minimum technical standards, certification, or independent auditing. That creates implementation risk: the registrar must determine what counts as “appropriate”, and poor or inconsistent judgments may create vulnerabilities.
Prescribed titles and words in schedule not reproduced. Section 26 prescribes titles and words for the Act’s purposes, but the specific list is in schedule 1. Practitioners should not assume the list is trivial; authorities may be able to challenge improper use of titles under the Act based on the schedule contents, so consult schedule 1 directly.
Fees and schedules not in the provided text. Section 27 states fees payable under the Act are in schedule 2, but the fees are not shown here. Budgeting and fee compliance require consulting schedule 2 in the enacted instrument.
Transitional saving complexity. Section 29 saves application of the old regulation for particular elections that occurred under the repealed regulation within three months before commencement or had already started. Determining whether the old or new rules apply to a specific election requires close reading of sec 29 and of the dates and status of that election.
How to comply
The regulation sets specific procedural requirements and operational obligations. Below are practical, source-grounded compliance steps tailored to the roles the regulation affects. Each step cites the relevant section(s) for ease of implementation and audit.
For the registrar and board administration
Schedule and publish election notices on time. Publish the election day notice at least two months before the election day, as required by sec 5(1)-(2). Maintain a compliance calendar that backdates from the intended election day to meet this minimum.
Publish the notice calling for nominations and set the nomination deadline. Ensure the call for nominations is published at least 28 days before the nomination deadline and clearly states the day and time by which nominations must be received (sec 6(1)-(2)).
Prepare and approve the nomination form and candidate statement procedures. Ensure the nomination form is the “approved form” required by sec 7(1)(a) and allow candidates to attach written statements not exceeding 200 words (sec 7(2)-(3)). Implement a character-count validation for statements to enforce the 200-word cap.
Decide whether to administer voting in-house or to use a voting services provider. If using a provider, publish the provider’s name and contact details on the board’s website from the date the accessibility notice is published (sec 11(1)(b)(ii) and (2)), and include provider contact details in the accessibility notice.
Ensure ballot access and timetables for paper requests. Immediately after publishing the accessibility notice, ensure an electronic ballot form is accessible to each eligible architect (sec 12(1)). Set processes to receive paper ballot requests at least 28 days before election day and to send printed materials at least 14 days before election day (sec 12(2)-(4)). Factor in postal lead times when calculating dispatch deadlines.
Implement ballot form production rules. Ensure electronic and paper ballot forms list candidate names in alphabetical order and are accompanied by candidate statements (sec 13(1)). For electronic forms, ensure any necessary format changes are made for display (sec 13(2)).
Implement ballot box and electronic security controls. Keep a secure physical ballot box and seal it to allow envelopes in until voting ends and to prevent removal until counting (sec 16(1)(a)-(c)). Put in place “appropriate measures” for electronic systems to be secure from interference at all times (sec 16(2)). Document security policies, access logs, encryption, backup, and incident response.
Prepare counting procedures and witness arrangements. Arrange for counting “as soon as practicable” after the close of voting and ensure physical ballot counting is done in the presence of at least two witnesses (sec 17(1)-(3)). Create a chain-of-custody protocol that documents who handled ballots, when and how the seal was opened, and the identities of witnesses.
Implement policies for accepting informal ballots. Adopt a consistent approach for determining when an informal paper ballot may nonetheless be accepted because the voter’s intention is clear, consistent with sec 17(4).
Retain and provide public inspection access. Keep electronic ballots in a secure electronic location and paper ballots kept for the inspection period, defined as three months from election day (sec 22(1) and (4)). Provide the count for inspection free of charge at the board’s office during ordinary office hours (sec 22(2)). Maintain a controlled inspection log for members of the public who inspect records to record who viewed ballots and when.
Destroy records after the inspection period. Ensure destruction occurs at the end of the inspection period, consistent with sec 22(3). Before destruction, verify there are no outstanding legal holds or preservation orders.
For voting services providers
Respond to registrar’s obligations. If administering voting, ensure you will send printed voting material for paper ballot requests at least 14 days before election day upon request (sec 12(4)). Coordinate with the registrar to meet published timelines and to manage postage and delivery logistics.
Deliver results promptly to the registrar. Provide the registrar with written notice of the results of the counting of votes as soon as practicable after counting all votes (sec 19(2)). Ensure your contract with the registrar specifies timelines and formats for delivering results and audit logs.
Comply with electronic voting requirements. Ensure your electronic voting system meets the requirements in sec 23: allow voters to change their vote before casting, preserve voter anonymity, and guarantee that scrutiny of votes yields the same result as a non-electronic scrutiny equivalent.
For candidates
Submit nominations in the approved form and comply with deadlines. Use the approved nomination form and ensure it is received before the nomination day and time set out in the call for nominations (secs 6, 7(1)).
Keep candidate statements concise. Any statement accompanying a nomination must not exceed 200 words (sec 7(2)-(3)). Prepare statements and verify word counts before submission.
For eligible architects and voters
Observe the paper ballot request deadline if you require a paper ballot. Request paper ballots at least 28 days before election day (sec 12(2)) to ensure printed materials can be received at least 14 days before election day (sec 12(3)-(4)).
Follow voting instructions exactly. If voting electronically, follow the electronic system’s instructions before the election closing time (sec 15(1)). If voting by paper, mark the ballot with a cross opposite the name of one candidate only, seal and return envelopes as required, and ensure the return envelope is received by the entity administering voting before the election closing time (sec 15(2)(a)-(d)).
Verify your vote and avoid duplicate returns. If you request a paper ballot but vote electronically, do not return the paper ballot as that could create confusion or an informal ballot (sec 14(2)).
For compliance and legal teams
Cross-check Act provisions. The regulation operates in conjunction with the Architects Act; review the Act for enforcement mechanisms, qualifications of eligible architects and definitions used in the regulation (sec 4, secs 24-26). The regulation refers to schedule items and to Act sections; ensure you consult the full instrument and the Act for any dependencies.
Document all processes and decisions. Maintain audit trails for notice publication, ballot dispatch, counting, witness presence and destruction of ballots. Keep procurement records and contracts with voting services providers.
Manage litigation and preservation risk. If there is any risk of dispute, apply legal holds to prevent destruction of ballots after the inspection period. The regulation mandates destruction after three months (sec 22(3)), so obtain formal preservation orders or other directions if retention beyond that period is required for legal reasons.
Assess electronic voting systems for compliance. For providers and registrars using electronic systems, perform independent assurance or certification checks to demonstrate that the system meets sec 23 requirements, notably change-before-cast, anonymity and result parity with manual scrutiny.
Practical checklist summary
Publish election day notice at least two months out (sec 5).
Publish call for nominations and set nomination deadline at least 28 days in advance (sec 6).
Ensure nomination forms are “approved” and candidate statements are no more than 200 words (sec 7).
Decide on provider or in-house voting, publish provider details if used (sec 11).
Ensure electronic ballot access immediately after accessibility notice, facilitate paper requests 28 days prior and dispatch materials 14 days prior (sec 12).
Secure ballot box and electronic systems (sec 16).
Arrange witnessed counting and notify Minister and candidates promptly of results (secs 17, 19, 20, 21).
Retain ballots for three months, permit public inspection and destroy records at period end (sec 22).
Ensure electronic voting systems meet functional requirements for changeability, anonymity and scrutiny parity (sec 23).
Compliance with these duties, and documentation of the steps taken to meet them, provides a practical framework for implementing the regulation’s mandatory processes and for demonstrating good governance if any question of procedural compliance arises.
A nomination of a candidate for the election must be—
in the approved form; and
received by the registrar before the nomination day and time.
A nomination may be accompanied by a written statement by the candidate.
The statement by the candidate must not be more than 200 words.
(sec.7-ssec.1) A nomination of a candidate for the election must be— in the approved form; and received by the registrar before the nomination day and time.
(sec.7-ssec.2) A nomination may be accompanied by a written statement by the candidate.
(sec.7-ssec.3) The statement by the candidate must not be more than 200 words.
(a) in the approved form; and
(b) received by the registrar before the nomination day and time.
pt.2-div.3 Procedure if only 1 candidate nominated
Procedure if only 1 candidate nominated
sec.8 Candidate taken to be elected unopposed
sec.8 Candidate taken to be elected unopposed
If only 1 candidate is nominated under division 2 —
the registrar is not required to conduct a ballot for the election; and
the candidate is taken to be elected unopposed.
(a) the registrar is not required to conduct a ballot for the election; and
(b) the candidate is taken to be elected unopposed.
sec.9 Registrar to give notice to candidate and Minister
sec.9 Registrar to give notice to candidate and Minister
The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
(sec.9-ssec.1) The registrar must give the candidate and Minister written notice of the candidate’s election as soon as practicable after the nomination day and time.
(sec.9-ssec.2) Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board.
pt.2-div.4 Procedure if more than 1 candidate nominated
Procedure if more than 1 candidate nominated
sec.10 Registrar to conduct ballot
sec.10 Registrar to conduct ballot
If more than 1 candidate is nominated under division 2 , the registrar must conduct a ballot for the election under this division.
sec.11 Notice of accessibility of ballot
sec.11 Notice of accessibility of ballot
The registrar must, at least 35 days before the election day, publish a notice that—
states the election day and election closing time; and
states—
whether the registrar or a voting services provider is administering voting in the election; and
if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
provides instructions on how an eligible architect may cast a vote.
If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(sec.11-ssec.1) The registrar must, at least 35 days before the election day, publish a notice that— states the election day and election closing time; and states— whether the registrar or a voting services provider is administering voting in the election; and if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and provides instructions on how an eligible architect may cast a vote.
(sec.11-ssec.2) If a voting services provider is administering voting in the election, the registrar must publish the name and contact details of the voting services provider on the board’s website from the day the notice is published under subsection (1) .
(a) states the election day and election closing time; and
(b) states— (i) whether the registrar or a voting services provider is administering voting in the election; and (ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
(c) provides instructions on how an eligible architect may cast a vote.
(i) whether the registrar or a voting services provider is administering voting in the election; and
(ii) if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider for the election; and
sec.12 Registrar to ensure ballot accessible
sec.12 Registrar to ensure ballot accessible
Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible architect for the election.
If an eligible architect wants to vote using a paper ballot form, the architect must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
If the registrar is administering voting in the election, the registrar must send the architect the following things at least 14 days before the election day—
a paper ballot form;
an unsealed envelope (the ballot envelope );
a return envelope.
If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible architect under subsection (2) , send the architect the printed voting material mentioned in subsection (3) at least 14 days before the election.
(sec.12-ssec.1) Immediately after publishing a notice under section 11 , the registrar must ensure an electronic ballot form is accessible to each eligible architect for the election.
(sec.12-ssec.2) If an eligible architect wants to vote using a paper ballot form, the architect must ask the entity administering voting in the election for a paper ballot form at least 28 days before the election day.
(sec.12-ssec.3) If the registrar is administering voting in the election, the registrar must send the architect the following things at least 14 days before the election day— a paper ballot form; an unsealed envelope (the ballot envelope ); a return envelope.
(sec.12-ssec.4) If a voting services provider is administering voting in the election, the registrar must ensure the voting services provider will, for a request by an eligible architect under subsection (2) , send the architect the printed voting material mentioned in subsection (3) at least 14 days before the election.
(a) a paper ballot form;
(b) an unsealed envelope (the ballot envelope );
(c) a return envelope.
sec.13 Requirements for ballot forms
sec.13 Requirements for ballot forms
An electronic ballot form or a paper ballot form must—
list the name of each candidate in alphabetical order; and
be accompanied by any written statements by the candidates given to the registrar.
The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(sec.13-ssec.1) An electronic ballot form or a paper ballot form must— list the name of each candidate in alphabetical order; and be accompanied by any written statements by the candidates given to the registrar.
(sec.13-ssec.2) The registrar may make any changes to the electronic ballot form that are necessary to allow the form to be displayed electronically.
(a) list the name of each candidate in alphabetical order; and
(b) be accompanied by any written statements by the candidates given to the registrar.
sec.14 Ways of voting
sec.14 Ways of voting
An eligible architect—
is entitled to a single vote at the election; and
may vote using—
an electronic ballot form; or
a paper ballot form.
An eligible architect who asks for a paper ballot form may vote using an electronic ballot form as long as the architect does not use the paper ballot form to vote.
(sec.14-ssec.1) An eligible architect— is entitled to a single vote at the election; and may vote using— an electronic ballot form; or a paper ballot form.
(sec.14-ssec.2) An eligible architect who asks for a paper ballot form may vote using an electronic ballot form as long as the architect does not use the paper ballot form to vote.
(a) is entitled to a single vote at the election; and
(b) may vote using— (i) an electronic ballot form; or (ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
(i) an electronic ballot form; or
(ii) a paper ballot form.
sec.15 How votes are cast
sec.15 How votes are cast
For voting using an electronic ballot form, an eligible architect may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
For voting using a paper ballot form, an eligible architect may vote only by—
marking the ballot form with a cross opposite the name of 1 candidate; and
putting the ballot form in the ballot envelope and sealing the ballot envelope; and
putting the ballot envelope in the return envelope and sealing the return envelope; and
giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(sec.15-ssec.1) For voting using an electronic ballot form, an eligible architect may vote only by following the instructions for the electronic voting system being used for the election, by the election closing time.
(sec.15-ssec.2) For voting using a paper ballot form, an eligible architect may vote only by— marking the ballot form with a cross opposite the name of 1 candidate; and putting the ballot form in the ballot envelope and sealing the ballot envelope; and putting the ballot envelope in the return envelope and sealing the return envelope; and giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
(a) marking the ballot form with a cross opposite the name of 1 candidate; and
(b) putting the ballot form in the ballot envelope and sealing the ballot envelope; and
(c) putting the ballot envelope in the return envelope and sealing the return envelope; and
(d) giving, posting or sending the return envelope to the entity administering voting in the election so that the entity receives the envelope before the election closing time.
sec.16 Ballot box and electronic vote security
sec.16 Ballot box and electronic vote security
The registrar must ensure—
a ballot box is kept for the election; and
the ballot box is kept in a safe place; and
the ballot box is sealed in a way that—
allows ballot envelopes to be put in it until the election finishes; and
prevents ballot envelopes from being taken from it until votes for the election are to be counted.
The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(sec.16-ssec.1) The registrar must ensure— a ballot box is kept for the election; and the ballot box is kept in a safe place; and the ballot box is sealed in a way that— allows ballot envelopes to be put in it until the election finishes; and prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(sec.16-ssec.2) The registrar must ensure appropriate measures are in place to keep an electronic voting system used or intended to be used for electronic voting secure from interference at all times.
(a) a ballot box is kept for the election; and
(b) the ballot box is kept in a safe place; and
(c) the ballot box is sealed in a way that— (i) allows ballot envelopes to be put in it until the election finishes; and (ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
(i) allows ballot envelopes to be put in it until the election finishes; and
(ii) prevents ballot envelopes from being taken from it until votes for the election are to be counted.
sec.17 Counting of votes
sec.17 Counting of votes
The registrar must, as soon as practicable after the election closing time, arrange for the counting of votes cast.
For votes cast using a paper ballot form, the entity counting the votes must—
open each ballot envelope in the ballot box for the election; and
accept each formal ballot form and reject each informal ballot form; and
count and record the number of votes for each candidate on all ballot forms accepted under this section.
The registrar must ensure the things mentioned in subsection (2) are done in the presence of at least 2 witnesses.
Despite subsection (2) (b) , the entity counting the votes may accept an informal ballot form if the entity considers the voter’s intention is clear.
In this section—
formal ballot form , for a paper ballot form, means a ballot form that is marked as required under section 15 (2) (a) .
informal ballot form , for a paper ballot form, means a ballot form that is marked other than as required under section
This is an opening excerpt, not the complete document.