14Requirement to be registered

14 Requirement to be registered (1) An individual must not carry out a professional engineering service unless the individual is registered to carry out the service. (2) However, an individual carrying out a professional engineering service under the direction and oversight of a professional engineer who is responsible for the service is not required to be registered. Division 4.2 Registration 15 Meaning of suitability information—pt 4 For this part, suitability information, about an individual, means the following information about the individual: (a) any conviction or finding of guilt for an offence— (i) that is an indictable offence under a law of the ACT or the Commonwealth; or (ii) for an offence committed outside the ACT—that would be an indictable offence against a law of the ACT if committed in the ACT; or (iii) under a relevant law; Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).

Part 4 Registration of professional engineers Division 4.2 Registration Section 15 page 10 Professional Engineers Act 2023 Effective: 23/02/26 R5 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) any civil proceeding against the individual in a court or tribunal of the ACT, the Commonwealth, a State or the Northern Territory that relates to— (i) the individual’s carrying out of a professional engineering service; or (ii) the individual’s undertaking of an activity related to a professional engineering service; or (iii) a registration under this Act or a relevant law; (c) any noncompliance with this Act; (d) any noncompliance with an order made by a court or tribunal under a relevant law; (e) any refusal of an application for registration (however described) under this Act or a relevant law; (f) any regulatory action (however described) taken, or proposed to be taken, under this Act or a relevant law; (g) if the individual’s registration under this Act or a relevant law has been suspended or cancelled as a result of regulatory action (however described)—the reason for the suspension or cancellation; (h) any noncompliance with a requirement imposed on the individual as a result of regulatory action (however described) under this Act or a relevant law; (i) whether the individual is or has been bankrupt or personally insolvent; (j) whether a corporation has been placed into administration, receivership or liquidation when the individual was an executive officer of the corporation; (k) anything else prescribed by regulation.

Registration of professional engineers Part 4 Registration Division 4.2 Section 16 R5 23/02/26 Professional Engineers Act 2023 Effective: 23/02/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au