Australian Capital Territory Repealed Acts

This legislation has been repealed.

SURVEYORS ACT 2001 (REPEALED) - SECT 33

    (1)     If the commissioner gives a surveyor a disciplinary notice, the commissioner must inquire into each ground stated in the notice.

    (2)     The commissioner is not bound by legal procedures or the rules of evidence, but may inform himself or herself in any way the commissioner considers appropriate, but must observe natural justice.

    (3)     The surveyor may appear personally before the commissioner and make written representations to the commissioner, but may not be represented by someone else without the commissioner's leave.

    (4)     The commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner.

Note     For the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984 .

    (5)     At the completion of the inquiry the commissioner must decide whether each ground stated in the notice is established.

    (6)     If the commissioner is satisfied that a ground is established, the commissioner may—

        (a)     reprimand the surveyor; or

        (b)     suspend the surveyor's registration for not longer than 3 years; or

        (c)     cancel the surveyor's registration.

    (7)     The commissioner must tell the surveyor in writing of the outcome of the inquiry.

    (8)     If the commissioner decides to suspend or cancel the surveyor's registration, the commissioner must also tell the surveyor when the suspension or cancellation takes effect.

    (9)     A suspension or cancellation must not take effect earlier than the day after the surveyor is told of the outcome of the inquiry.