Australian Capital Territory Numbered Acts

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ARCHITECTS ACT 2004 (NO. 20 OF 2004) - SECT 68

Ministerial directions to board

    (1)     The Minister may give a written direction to the architects board about the exercise of the board's functions if satisfied that it is in the public interest to do so.

Examples of directions

1     direct the board to report on a particular issue within a particular time

2     direct the board to follow a policy, standard or other instrument applying to an administrative unit

3     direct the board to give the Minister a proposed professional conduct code, or an amendment of a professional conduct code, relating to particular behaviour (see s 88)

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     However, the Minister must not direct the board about any of the following:

        (a)     whether to register or refuse to register a person;

        (b)     whether to renew or refuse to renew a person's registration;

        (c)     whether or not to cancel someone's registration or take other disciplinary action in relation them.

Example of direction not prevented by s (2)

the Minister may have received complaints about a particular architect and may direct the architects board to give the Minister information about any action being taken in relation to the architect

    (3)     Before giving a direction, the Minister must—

        (a)     tell the architects board about the proposed direction; and

        (b)     give the board reasonable opportunity to comment on the proposed direction; and

        (c)     consider any comment made by the board.

    (4)     A direction is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.



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