Turn the raw legal text into a practical explanation grounded in Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021.
Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021
S.R. No. 5/2021
Version incorporating amendments as at
31 August 2021
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 3
4 Definitions 3
Part 2—General and exemptions 4
5 Application for registration 4
6 Application for endorsement 4
7 Exemptions 4
8 Registration—qualifications and experience—civil aviation safety engineering 5
9 Continuation of registration—application for renewal 6
10 Continuing professional development 7
10A The Register—registration type 7
10B Publication of information—registration number and type 7
11 Form of Register of Professional Engineers 8
12 Embargo notice 8
13 Infringement offences and infringement penalties 8
14 Service of documents 8
Part 3—Assessment scheme fees 9
15 Fee for application for approval of assessment scheme 9
16 Fee for application for renewal of approval of assessment scheme 9
17 Fee for application for variation to approved assessment scheme 9
18 Refund of assessment scheme fees 9
Schedule 1—Forms 10
Schedule 2—Infringement offences and infringement penalties 11
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Endnotes 12
1 General information 12
2 Table of Amendments 14
3 Amendments Not in Operation 15
4 Explanatory details 16
Version No.003
Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021
S.R. No. 5/2021
Version incorporating amendments as at
31 August 2021
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe the following for the purposes of the Professional Engineers Registration Act 2019—
(i) information which must accompany an application for registration;
Section 1 - Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021 - Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021 | Zoe
(ii) information which must accompany an application for endorsement;
(iii) exemptions for certain professional engineers;
(iv) the qualifications and experience required for registration of persons authorised to provide certain professional engineering services in the area of civil aviation safety;
(v) the continuation of registration pending a decision on renewal of registration or an endorsement;
(vi) the continuing professional development requirements for the renewal of registration or an endorsement;
Reg. 1(a)(via) inserted by S.R. No. 106/2021 reg. 3.
(via) information which must be recorded in the Register;
Reg. 1(a)(vib) inserted by S.R. No. 106/2021 reg. 3.
(vib) information in relation to a registered professional engineer to be published on the Internet;
(vii) the form of the Register of Professional Engineers;
(viii) the embargo notice to be issued by an inspector;
(ix) infringement offences and penalties;
(x) a manner for service of documents;
(xi) fees for the approval, renewal and variation of assessment schemes; and
(b) to provide for the refund of assessment scheme fees for the purposes of the Professional Engineers Registration Act 2019; and
(c) to prescribe any other matter authorised or required to be prescribed for the purposes of the Professional Engineers Registration Act 2019.
2 Authorising provision
These Regulations are made under section 103 of the Professional Engineers Registration Act 2019.
3 Commencement
(1) These Regulations, except Part 2, come into operation on 9 February 2021.
(2) Part 2 comes into operation on 1 July 2021.
4 Definitions
In these Regulations—
CASA means the Civil Aviation Safety Authority established under Part II of the Civil Aviation Act 1988 of the Commonwealth;
Registrar means the Registrar of the Authority employed under section 15 of the Business Licensing Authority Act 1998;
the Act means the Professional Engineers Registration Act 2019.
Part 2—General and exemptions
5 Application for registration
For the purposes of section 10(2)(d) of the Act, the prescribed information is a report from an assessment entity about an applicant's qualifications and experience that is relevant to each area of engineering for which the applicant has applied for registration.
6 Application for endorsement
For the purposes of section 11(2)(b) of the Act, the prescribed information is any information that enables an assessment of an applicant's probity under sections 171D and 171E of the Building Act 1993.
7 Exemptions
(1) Subject to subregulation (3), for the purposes of section 12 of the Act, a person who is eligible for registration is exempt from the operation of the Act on and from 1 July 2021.
(2) Subregulation (1) does not apply to—
(a) a person who was registered as a building practitioner under the Building Act 1993 before 1 July 2021; and
(b) any other person who intends to provide professional engineering services in an area of engineering while engaged in the building industry.
Note
A person who is taken to be an endorsed building engineer under section 107 of the Act is eligible to renew their registration under section 20 of the Act once their registration as a building practitioner under the Building Act 1993 expires.
(3) The exemption under subregulation (1) does not apply to—
(a) a person not engaged in the building industry carrying out professional engineering services in fire safety engineering on and from 1 December 2021; and
(b) a person not engaged in the building industry carrying out professional engineering services in structural engineering and civil engineering on and from 1 October 2022; and
(c) a person not engaged in the building industry carrying out professional engineering services in electrical engineering on and from 1 June 2023; and
(d) a person not engaged in the building industry carrying out professional engineering services in mechanical engineering on and from 1 December 2023.
(4) A person who is taken to be an endorsed building engineer under section 107(1) of the Act is exempt from any continuing professional development requirements prescribed for the purposes of section 20(4) of the Act for a period of 3 years from the date the person was first registered under the Act.
8 Registration—qualifications and experience—civil aviation safety engineering
For the purposes of section 12(2)(a) of the Act, the prescribed qualifications and experience relevant to the area of engineering in civil aviation safety which involves the approval of modification and repair designs for aircraft, aircraft engines, propellers and appliances are—
(a) an appointment by CASA as an authorised person under regulation 201.001 of the Civil Aviation Safety Regulations 1998 of the Commonwealth for Subpart 21.M of Part 21 of those Regulations, that is in force; and
(b) the qualifications and experience required under regulation 201.001(2) of the Civil Aviation Safety Regulations 1998 of the Commonwealth for that appointment.
9 Continuation of registration—application for renewal
(1) Subject to subregulation (3), for the purposes of section 20(2) of the Act, if a registered professional engineer applies for renewal of registration or an endorsement on or before the date on which the registration or endorsement ends, the registration or endorsement (as the case requires) continues in force, until the day on which any of the following first occurs—
(a) the Business Licensing Authority renews the registration or endorsement;
(b) if the Business Licensing Authority decides to refuse to grant the renewal, the Business Licensing Authority gives the registered professional engineer notice of that decision;
(c) the registered professional engineer withdraws the application.
(2) If the Business Licensing Authority grants a renewal of the registration or endorsement, the registration or endorsement is taken to have been renewed from the day it would, but for subregulation (1), have ended.
(3) Despite subregulation (1)(b), a registration or an endorsement continues in force after the Business Licensing Authority has refused to grant a renewal of the registration or endorsement—
(a) until the day after the period specified in section 27(2) of the Act, if the professional engineer does not apply to VCAT for review of the Business Licensing Authority decision to refuse to grant the renewal; or
(b) if, within the period specified in section 27(2) of the Act, the professional engineer applies to VCAT for a review of the Business Licensing Authority's decision to refuse to grant the renewal, until the day on which VCAT determines that application.
(4) Subregulation (1) does not apply if the registration or endorsement is cancelled or suspended.
10 Continuing professional development
For the purposes of section 20(4) of the Act, the prescribed continuing professional development requirements are the continuing professional development requirements specified in an assessment scheme approved under section 40 of the Act.
Reg. 10A inserted by S.R. No. 106/2021 reg. 4.
10A The Register—registration type
For the purposes of section 28(3)(k) of the Act, a prescribed matter is whether the registered professional engineer is registered as a practising professional engineer or a non-practising professional engineer.
Reg. 10B inserted by S.R. No. 106/2021 reg. 4.
10B Publication of information—registration number and type
For the purposes of section 29(1)(i) of the Act, the prescribed information to be published on the Internet in respect of each registered professional engineer is—
(a) the registration number of the engineer; and
(b) whether the engineer is registered as a practising professional engineer or a non‑practising professional engineer.
11 Form of Register of Professional Engineers
For the purposes of section 29(3) of the Act, the Register must be kept in an electronic form.
12 Embargo notice
For the purposes of section 87(1) of the Act, the prescribed form is in Form 1 in Schedule 1.
13 Infringement offences and infringement penalties
(1) For the purposes of section 96(1) of the Act, an offence specified in Column 2 of the table in Schedule 2 is a prescribed offence.
(2) For the purposes of section 96(3) of the Act, the prescribed penalty for an offence specified in Column 2 of the table in Schedule 2 is the amount specified in Column 3 of the table in Schedule 2 for that infringement offence.
14 Service of documents
For the purpose of section 100(d) of the Act, a prescribed manner of service is by electronic communication to the electronic address the professional engineer has consented to as an available address for service.
Examples
Examples of an electronic address are an email address, a secure internet site that the professional engineer can access to obtain a document, a facsimile number or a mobile phone number.
Part 3—Assessment scheme fees
15 Fee for application for approval of assessment scheme
For the purposes of section 35(2)(c)(ii) of the Act, the prescribed fee is 320 fee units.
16 Fee for application for renewal of approval of assessment scheme
For the purposes of section 36(2)(d) of the Act, the prescribed fee is 320 fee units.
17 Fee for application for variation to approved assessment scheme
For the purposes of section 37(2)(c)(ii) of the Act, the prescribed fee is 87 fee units.
18 Refund of assessment scheme fees
(1) An entity who has paid a fee under section 35(2)(c)(ii), 36(2)(d) or 37(2)(c)(ii) of the Act may apply to the Registrar for a refund, in whole or in part, of that fee.
(2) On the application of an entity under subregulation (1), the Registrar may refund, in whole or in part, fees paid under section 35(2)(c)(ii), 36(2)(d) or 37(2)(c)(ii) of the Act, if the Registrar considers that it is appropriate, having regard to—
(a) the circumstances of the entity; and
(b) the progress of the entity's application under section 35(1), 36(1) or 37(1) of the Act (as the case may be).
Schedule 1—Forms
FORM 1
Regulation 12
EMBARGO NOTICE
Section 87 of the Professional Engineers Registration Act 2019
1 The item described below has been embargoed under section 87 of the Professional Engineers Registration Act 2019.
2 Section 87(2) of the Act provides that a person who knows that an embargo notice relates to a thing and who, without the written consent of the inspector who issued the embargo notice—
(a) sells; or
(b) leases; or
(c) transfers; or
(d) moves; or
(e) disposes of; or
(f) otherwise deals with—
the thing, or any part of the thing, is guilty of an offence and liable to a penalty not exceeding 60 penalty units.
3 Section 87(3) of the Act provides that the offence referred to above does not apply to a person who moved the thing or part of the thing for the purpose of protecting and preserving it.
Description of embargoed item:
[insert description of embargoed item]
This notice has been—
served on [insert name]
affixed to the item described above
Signature of inspector
[insert signature of inspector]
Name of inspector
[insert inspector's name]
Telephone number [insert telephone number]
Date [insert date] Time [insert time]
Schedule 2—Infringement offences and infringement penalties
Regulation 13
Column 1<br>Item
Column 2<br>Infringement offence
Column 3<br>Infringement penalty
1
An offence against section 17(3) of the Act
2 penalty units
2
An offence against section 24 of the Act
2 penalty units
3
An offence against section 67(1) of the Act
12 penalty units
4
An offence against section 68(1) of the Act
12 penalty units
5
An offence against section 68(2) of the Act
12 penalty units
6
An offence against section 68(3) of the Act
12 penalty units
7
An offence against section 68(4) of the Act
12 penalty units
8
An offence against section 80(3) of the Act
12 penalty units for a natural person<br>60 penalty units for a body corporate
9
An offence against section 92(2) of the Act
12 penalty units
10
An offence against section 94 of the Act
12 penalty units
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021, S.R. No. 5/2021 were made on 9 February 2021 by the Governor in Council under section 103 of the Professional Engineers Registration Act 2019, No. 26/2019 and came into operation as follows:
Regulations 1–4, 15–18 on 9 February 2021: regulation 3(1);
regulations 5–14 on 1 July 2021: regulation 3(2).
The Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021 will sunset 10 years after the day of making on 9 February 2031 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Professional Engineers Registration (General, Exemption and Assessment Scheme Fees) Regulations 2021 by statutory rules, subordinate instruments and Acts.
This version does not contain amendments that are not yet in operation.
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2021 is $15.03. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.