Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Architects Amendment
Bill 2010
Queensland
Architects Amendment Bill 2010
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7A Types of registration as an architect . . . . . . . . . . . . . . 6
4 Amendment of s 8 (Applying for registration) . . . . . . . . . . . . . . . . 6
5 Amendment of s 9 (Eligibility). . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Replacement of s 10 (When applicant is qualified for
registration) ................................... 7
10 When applicant is qualified for registration. . . . . . . . . 7
7 Amendment of s 11 (Fitness to practise as an architect) . . . . . . . 8
8 Amendment of s 12 (Deciding application). . . . . . . . . . . . . . . . . . 8
9 Replacement of s 16 (Meaning of continuing competency
requirements) .................................. 8
16 Meaning of continuing registration requirements . . . . 8
10 Amendment of s 18 (Applying for renewal) . . . . . . . . . . . . . . . . . 9
11 Amendment of s 20 (Deciding application). . . . . . . . . . . . . . . . . . 9
12 Amendment of s 23 (Applying for restoration) . . . . . . . . . . . . . . . 10
13 Amendment of s 24 (Deciding application). . . . . . . . . . . . . . . . . . 11
14 Amendment of pt 2, div 6 hdg (Cancellation of registrations). . . . 11
15 Amendment of s 28 (Grounds for cancellation) . . . . . . . . . . . . . . 11
16 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
29A Immediate suspension of registration. . . . . . . . . . . . . 12
17 Insertion of new ss 32A and 32B . . . . . . . . . . . . . . . . . . . . . . . . . 12
32A Notification of disciplinary action by other bodies. . . . 13
32B Notification of inability to practise . . . . . . . . . . . . . . . . 13
18 Amendment of s 34 (Form of certificate of registration) . . . . . . . . 13
19 Insertion of new ss 35A and 35B . . . . . . . . . . . . . . . . . . . . . . . . . 13
35A Inquiries about fitness to practise as an architect . . . 14
Architects Amendment Bill 2010
Contents
35B Report about relevant person's criminal history . . . . . 14
20 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2A Health assessments
35C Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 15
35D Health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . 15
35E Appointment of health assessor . . . . . . . . . . . . . . . . . 15
35F Health assessment report . . . . . . . . . . . . . . . . . . . . . 16
35G Payment for heath assessment and report. . . . . . . . . 16
35H Use of health assessment report . . . . . . . . . . . . . . . . 16
21 Insertion of new pt 3, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 1AA Extended application of part 3
36AA Application to former architects . . . . . . . . . . . . . . . . . 17
22 Insertion of new s 69AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
69AA Application of pt 4 to certain former architects . . . . . . 18
23 Amendment of s 73 (Board's decision on investigation about
architects) ........................................ 18
24 Amendment of s 74 (Notice of result of investigation about
architects) ....................................... 19
25 Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
74A Publishing of certain decisions on investigation
about architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 75 (Board's decision about other
investigations) ................................. 20
27 Amendment of s 76 (Board to take action as soon as
practicable) .................................... 20
28 Amendment of s 80 (Functions of board) . . . . . . . . . . . . . . . . . . . 20
29 Amendment of s 82 (Membership of board). . . . . . . . . . . . . . . . . 21
30 Amendment of pt 5, div 7 hdg (Registrar of board) . . . . . . . . . . . 21
31 Insertion of new s 100A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
100A Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Replacement of s 101 (Board to reimburse cost of registrar's
services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
101 Board to reimburse cost of registrar's or other staff's
services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Amendment of s 114 (Using titles or names etc.) . . . . . . . . . . . . 22
34 Omission of s 118 (Information for advertisements). . . . . . . . . . . 22
35 Amendment of s 121 (Review of particular decisions) . . . . . . . . . 22
36 Amendment of s 130 (Orders relating to architect) . . . . . . . . . . . 22
Page 2
Architects Amendment Bill 2010
Contents
37 Amendment of s 131 (Orders relating to former architect) . . . . . . 23
38 Amendment of s 138 (Summary proceedings for offences) . . . . . 23
39 Amendment of s 141A (Notice and record for corporations) . . . . 23
40 Replacement of pt 11, div 2, hdg (Transitional provisions) . . . . . . 25
41 Amendment of s 159 (Existing registrations) . . . . . . . . . . . . . . . . 25
42 Amendment of s 162 (Continuing effect of qualifications under
repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 3 Transitional provision for Architects
Amendment Act 2010
166 Certain applications to be dealt with under
pre-amended Act ..................... 26
167 Prospective application of ss 36AA and 69AA . . . . . . 26
44 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 27
45 Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
46 Amendment of regulations does not affect powers of Governor
in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Schedule Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Page 3
2010
A Bill
for
An Act to amend the Architects Act 2002 for particular
purposes and to make consequential amendments to the
Architects Regulation 2003 and the Cooperatives Regulation
1997
Architects Amendment Bill 2010
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Architects Amendment Act 2010. 3
Clause 2 Act amended 4
This Act amends the Architects Act 2002. 5
Clause 3 Insertion of new s 7A 6
Part 2, division 1-- 7
insert-- 8
`7A Types of registration as an architect 9
`The types of registration as an architect under this Act are 10
registration as a practising architect or a non-practising 11
architect.'. 12
Clause 4 Amendment of s 8 (Applying for registration) 13
(1) Section 8(2)(a), after `form'-- 14
insert-- 15
`and state the type of registration to which the application 16
relates'. 17
(2) Section 8(2)(b)(ii)-- 18
omit. 19
(3) Section 8(2)(b)(iii) and (iv)-- 20
renumber as section 8(2)(b)(ii) and (iii). 21
Clause 5 Amendment of s 9 (Eligibility) 22
Section 9-- 23
insert-- 24
Page 6
Architects Amendment Bill 2010
[s 6]
`(2) Also, an applicant for registration as a non-practising architect 1
is eligible for registration only if the board is satisfied that the 2
applicant will not carry out, or be responsible for the carrying 3
out of, architectural services within the registration period to 4
which the application for registration relates.'. 5
Clause 6 Replacement of s 10 (When applicant is qualified for 6
registration) 7
Section 10-- 8
omit, insert-- 9
`10 When applicant is qualified for registration 10
`An applicant for registration is qualified for registration if the 11
applicant has-- 12
(a) 1 or more of the following qualifications-- 13
(i) a qualification in architecture recognised by the 14
Architects Accreditation Council of Australia (the 15
AACA); 16
(ii) a qualification in architecture obtained outside 17
Australia and assessed by the AACA to be 18
equivalent to a qualification mentioned in 19
subparagraph (i); 20
(iii) successful completion of the National Program of 21
Assessment, or another program, coordinated by 22
the AACA; and 23
Editor's note-- 24
For a list of other programs coordinated by the AACA see 25
the board's website on the internet 26
. 27
(b) successfully completed-- 28
(i) the AACA's Architectural Practice Examination; 29
or 30
(ii) another examination, if any, arranged or approved 31
by the board. 32
Page 7
Architects Amendment Bill 2010
[s 7]
Editor's note-- 1
For a list of any examinations arranged or approved by the 2
board see the board's website on the internet 3
.'. 4
Clause 7 Amendment of s 11 (Fitness to practise as an architect) 5
(1) Section 11(e)-- 6
renumber as section 11(f). 7
(2) Section 11-- 8
insert-- 9
`(e) if the applicant has been required to undergo a health 10
assessment under section 35D-- 11
(i) whether the applicant underwent the assessment; 12
or 13
(ii) whether the applicant cooperated with the doctor 14
appointed to conduct the assessment;'. 15
Clause 8 Amendment of s 12 (Deciding application) 16
Section 12(2)-- 17
omit. 18
Clause 9 Replacement of s 16 (Meaning of continuing competency 19
requirements) 20
Section 16-- 21
omit, insert-- 22
`16 Meaning of continuing registration requirements 23
`(1) Continuing registration requirements are requirements of the 24
board that, if satisfied, demonstrate that an applicant for 25
renewal or restoration of registration has maintained 26
competency in the practice of architecture. 27
`(2) The requirements may include requirements about the 28
following-- 29
Page 8
Architects Amendment Bill 2010
[s 10]
(a) the nature, extent and period of practice of architecture 1
by the applicant; 2
(b) the nature and extent of continuing professional 3
development to be undertaken by the applicant; 4
(c) the nature and extent of research, study or teaching, 5
relating to architecture, to be undertaken by the 6
applicant; 7
(d) the nature and extent of administrative work, relating to 8
architecture, to be performed by the applicant. 9
`(3) The requirements are satisfied by complying with the board's 10
continuing registration requirements for architecture. 11
`(4) The board must-- 12
(a) keep published the board's continuing registration 13
requirements on the board's website on the internet; and 14
(b) keep the requirements available for inspection, without 15
charge, during normal business hours at the board's 16
office; and 17
(c) if asked by a person and on payment of the fee, if any, 18
prescribed under a regulation, give the person a copy of 19
the requirements. 20
Editor's note-- 21
The board's website on the internet is .'. 22
Clause 10 Amendment of s 18 (Applying for renewal) 23
(1) Section 18(3)(b)(i)-- 24
omit. 25
(2) Section 18(3)(b)(ii) and (iii)-- 26
renumber as section 18(3)(b)(i) and (ii). 27
Clause 11 Amendment of s 20 (Deciding application) 28
(1) Section 20(2)(b), `competency'-- 29
Page 9
Architects Amendment Bill 2010
[s 12]
omit, insert-- 1
`registration'. 2
(2) Section 20(4)-- 3
omit. 4
(3) Section 20(3)-- 5
renumber as section 20(4). 6
(4) Section 20-- 7
insert-- 8
`(3) Also, for an application for renewal of registration as a 9
non-practising architect, the board must be satisfied that the 10
applicant will not carry out, or be responsible for the carrying 11
out of, architectural services within the registration period to 12
which the application relates.'. 13
Clause 12 Amendment of s 23 (Applying for restoration) 14
(1) Section 23(1), `a person's'-- 15
omit, insert-- 16
`an individual's'. 17
(2) Section 23(1), `the person'-- 18
omit, insert-- 19
`the individual'. 20
(3) Section 23(2)(b)(i) to (iii)-- 21
omit, insert-- 22
`(i) any documents, identified in the approved form, 23
the board reasonably requires to decide the 24
application; 25
(ii) the application fee prescribed under a regulation; 26
(iii) the annual registration fee.'. 27
Page 10
Architects Amendment Bill 2010
[s 13]
Clause 13 Amendment of s 24 (Deciding application) 1
(1) Section 24(2)(b), `competency'-- 2
omit, insert-- 3
`registration'. 4
(2) Section 24(4)-- 5
omit. 6
(3) Section 24(3)-- 7
renumber as section 24(4). 8
(4) Section 24-- 9
insert-- 10
`(3) Also, for an application for restoration of registration as a 11
non-practising architect, the board must be satisfied that the 12
applicant will not carry out, or be responsible for the carrying 13
out of, architectural services within the registration period to 14
which the application relates.'. 15
Clause 14 Amendment of pt 2, div 6 hdg (Cancellation of 16
registrations) 17
Part 2, division 6, heading, `of'-- 18
omit, insert-- 19
`and immediate suspension of'. 20
Clause 15 Amendment of s 28 (Grounds for cancellation) 21
Section 28-- 22
insert-- 23
`(d) the architect's registration to practise as an architect 24
under a law applying, or that applied, in the 25
Commonwealth, another State or a foreign country has 26
been cancelled under that law for disciplinary reasons; 27
or 28
(e) the architect's membership of an association of 29
architects, whether in Australia or a foreign country, has 30
Page 11
Architects Amendment Bill 2010
[s 16]
been cancelled under the association's rules for 1
disciplinary reasons; or 2
(f) the architect has contravened a condition of the 3
architect's registration; or 4
(g) the assessment in a health assessment report given to the 5
board under section 35F is that the architect is currently 6
unable to competently and safely practise as an 7
architect.'. 8
Clause 16 Insertion of new s 29A 9
Part 2, division 6, after section 29-- 10
insert-- 11
`29A Immediate suspension of registration 12
`(1) This section applies if the board requires an architect to 13
undergo a health assessment under section 35D and the 14
architect does not undergo the health assessment as required 15
or does not cooperate with the doctor appointed to conduct the 16
assessment. 17
`(2) The board may, by information notice given to the architect, 18
immediately suspend the architect's registration. 19
`(3) The information notice must also state the period of 20
suspension. 21
`(4) The suspension-- 22
(a) is for the period the board decides; and 23
(b) has effect when the information notice is given. 24
`(5) The board must end the suspension if satisfied that the ground 25
for the suspension no longer exist. 26
`(6) The suspension ends if the architect's registration is cancelled 27
or otherwise ends.'. 28
Clause 17 Insertion of new ss 32A and 32B 29
Part 2, division 7-- 30
Page 12
Architects Amendment Bill 2010
[s 18]
insert-- 1
`32A Notification of disciplinary action by other bodies 2
`(1) An architect must advise the board about any disciplinary 3
action (the event) taken against the architect in another State 4
or a foreign country in relation to the architect's practice as an 5
architect, within 21 days after the event, unless the architect 6
has a reasonable excuse. 7
Maximum penalty--50 penalty units. 8
`(2) For subsection (1) it is immaterial whether or not the 9
disciplinary action happened under a law of the other State or 10
country, or under the rules of an association of architects. 11
`32B Notification of inability to practise 12
`(1) This section applies if an architect has been unable to 13
competently and safely practise as an architect for a 14
continuous period of 6 months because of the architect's 15
mental or physical health. 16
`(2) The architect must immediately notify the board in writing of 17
that fact, unless the architect-- 18
(a) has already notified the board in writing of the 19
incapacity; or 20
(b) has a reasonable excuse. 21
Maximum penalty--50 penalty units.'. 22
Clause 18 Amendment of s 34 (Form of certificate of registration) 23
Section 34(2)-- 24
insert-- 25
`(c) whether the architect is a practising or non-practising 26
architect.'. 27
Clause 19 Insertion of new ss 35A and 35B 28
Part 2, division 8-- 29
Page 13
Architects Amendment Bill 2010
[s 20]
insert-- 1
`35A Inquiries about fitness to practise as an architect 2
`(1) This section applies to the following persons (each a relevant 3
person)-- 4
(a) an individual applying for registration as an architect 5
under section 8; 6
(b) an architect applying for renewal of registration under 7
section 18; 8
(c) an individual applying for restoration of the person's 9
registration under section 23. 10
`(2) The board may make inquiries about the relevant person to 11
help in deciding whether the person is, or continues to be, fit 12
to practise as an architect. 13
`35B Report about relevant person's criminal history 14
`(1) The board may ask the commissioner of the police service for 15
a written report about the criminal history of a relevant 16
person. 17
`(2) If asked by the board, the commissioner of the police service 18
must give the board a written report about the criminal history 19
of the relevant person. 20
`(3) The duty imposed on the commissioner of the police service 21
applies only to information in the commissioner's possession 22
or to which the commissioner has access. 23
`(4) A report mentioned in subsection (2) may only be used for the 24
purposes of this Act and must be destroyed as soon as 25
practicable after it is no longer needed for those purposes. 26
`(5) In this section-- 27
relevant person see section 35A(1).'. 28
Clause 20 Insertion of new pt 2A 29
Before part 3-- 30
insert-- 31
Page 14
Architects Amendment Bill 2010
[s 20]
`Part 2A Health assessments 1
`35C Definitions for pt 2A 2
`In this part-- 3
subject architect see section 35D(1). 4
`35D Health assessment 5
`(1) This section applies if the board reasonably believes an 6
architect (the subject architect) is unable to competently and 7
safely practise as an architect because of the architect's mental 8
or physical health. 9
`(2) The board may require the subject architect to undergo a 10
health assessment by a doctor (the health assessor) appointed 11
by the board. 12
`(3) If the board decides to require a health assessment, the board 13
must give the subject architect an information notice about the 14
decision to require the assessment that includes-- 15
(a) a stated date, time and place, for the assessment; and 16
(b) the name and qualifications of the health assessor 17
appointed by the board to conduct the assessment; and 18
(c) the possible consequences of failing to undergo, or 19
cooperate during, the assessment. 20
`(4) The stated date must be no sooner than 14 days after the 21
information notice is given to the subject architect unless the 22
architect and the board agree, in writing, to an earlier date. 23
`(5) The stated time and place must be reasonable having regard to 24
the circumstances of the subject architect as known to the 25
board. 26
`35E Appointment of health assessor 27
`Before appointing a doctor as a health assessor, the board 28
must be satisfied the doctor does not have a personal or 29
professional connection with the subject architect that may 30
Page 15
Architects Amendment Bill 2010
[s 20]
prejudice the way in which the doctor conducts the 1
assessment. 2
`35F Health assessment report 3
`(1) A health assessor conducting all or part of a health assessment 4
of a subject architect must prepare a report about the 5
assessment (health assessment report). 6
`(2) The health assessment report must include-- 7
(a) the health assessor's findings as to whether the subject 8
architect is currently unable to competently and safely 9
practise as an architect; and 10
(b) if the health assessor finds that the subject architect is 11
unable to competently and safely practise as an 12
architect--the health assessor's recommendations as to 13
any conditions that could be imposed on the architect's 14
registration to overcome the inability. 15
`(3) The health assessor must give the health assessment report to 16
the board and a copy to the subject architect. 17
`35G Payment for heath assessment and report 18
`(1) The board is liable for the cost of the health assessment and 19
the preparation of the health assessment report. 20
`(2) However, if the assessment is that the subject architect is 21
currently unable to competently and safely practise as an 22
architect, the board may require the architect, by notice, to pay 23
the board the amount of the cost of the assessment and of the 24
preparation of the health assessment report. 25
`(3) The amount mentioned in subsection (2) is a debt payable to 26
the board. 27
`35H Use of health assessment report 28
`(1) A health assessment report is not admissible in any 29
proceeding, and a person can not be compelled to produce the 30
Page 16
Architects Amendment Bill 2010
[s 21]
report or to give evidence about the report or its contents in 1
any proceeding. 2
`(2) Subsection (1) does not apply in relation to-- 3
(a) a proceeding relating to an application by the subject 4
architect to whom the report relates for registration as, 5
or renewal or restoration of registration as, an architect 6
under this Act; or 7
(b) a proceeding on an appeal by the subject architect 8
against a decision of the board-- 9
(i) refusing to grant, renew or restore registration; or 10
(ii) cancelling or immediately suspending registration. 11
`(3) Also, subsection (1) does not apply if the report is admitted or 12
produced, or evidence about the report or its contents is given, 13
in a proceeding with the consent of-- 14
(a) the health assessor who prepared the report; and 15
(b) the architect to whom the report relates. 16
`(4) A health assessment report may only be used for the purposes 17
of this Act and must be destroyed as soon as practicable after 18
it is no longer needed for those purposes. 19
`(5) In this section-- 20
health assessment report includes a copy of the report or a 21
part of the report or copy.'. 22
Clause 21 Insertion of new pt 3, div 1AA 23
Part 3, before division 1-- 24
insert-- 25
`Division 1AA Extended application of part 3 26
`36AA Application to former architects 27
`(1) Action may be taken under this part in relation to a person 28
who was an architect at the time the conduct of the person that 29
Page 17
Architects Amendment Bill 2010
[s 22]
is relevant for this part happened even though the person is no 1
longer an architect. 2
`(2) For the purpose of taking action under this part, the person 3
mentioned in subsection (1) is taken to be an architect. 4
`(3) This section does not limit, but may extend, the operation of 5
the other provisions of this part.'. 6
Clause 22 Insertion of new s 69AA 7
Part 4, before section 69-- 8
insert-- 9
`69AA Application of pt 4 to certain former architects 10
`For applying this part to a person mentioned in section 11
36AA(1), the person is taken to be an architect.'. 12
Clause 23 Amendment of s 73 (Board's decision on investigation 13
about architects) 14
(1) Section 73(2), `1 of'-- 15
omit, insert-- 16
`1 or more of'. 17
(2) Section 73(2)(b)-- 18
omit, insert-- 19
`(b) enter into an undertaking agreed with the architect about 20
a matter relating to the architect carrying out 21
architectural services, including, for example, to submit 22
to an audit of the architect's practice of architecture;'. 23
(3) Section 73(2)(d)-- 24
omit, insert-- 25
`(d) impose a condition, agreed to by the architect, on the 26
architect's registration; 27
(e) take no further action about the matter the subject of the 28
investigation.'. 29
Page 18
Architects Amendment Bill 2010
[s 24]
(4) Section 73(3) to (5)-- 1
renumber as section 73(4) to (6). 2
(5) Section 73-- 3
insert-- 4
`(3) If the architect does not comply with an undertaking entered 5
into under subsection (2)(b), the board may decide to take 6
another action mentioned in subsection (2).'. 7
(6) Section 73(5), as renumbered, `(2)(a), (b) or (c)'-- 8
omit, insert-- 9
`(2)(a) to (d)'. 10
(7) Section 73(6), as renumbered, `(2)(b), (c) or (d)'-- 11
omit, insert-- 12
`(2)(b) to (e)'. 13
Clause 24 Amendment of s 74 (Notice of result of investigation 14
about architects) 15
Section 74(3), `73(2)(d)'-- 16
omit, insert-- 17
`73(2)(e)'. 18
Clause 25 Insertion of new s 74A 19
After section 74-- 20
insert-- 21
`74A Publishing of certain decisions on investigation 22
about architect 23
`(1) This section applies if the board decides-- 24
(a) to caution or reprimand an architect under section 25
73(2)(c); or 26
(b) to impose a condition on an architect's registration 27
under section 73(2)(d). 28
Page 19
Architects Amendment Bill 2010
[s 26]
`(2) The board may notify the decision, and reasons for the 1
decision, on the board's website on the internet. 2
`(3) The board must not act under subsection (2) until the 3
particulars of the decision are included in the register under 4
section 102.'. 5
Clause 26 Amendment of s 75 (Board's decision about other 6
investigations) 7
(1) Section 75(2), `1 of the'-- 8
omit, insert-- 9
`1 or more of the'. 10
(2) Section 75(3) and (4)-- 11
renumber as section 75(4) and (5). 12
(3) Section 75-- 13
insert-- 14
`(3) If the person does not comply with an undertaking entered 15
into under subsection (2)(b), the board may decide to take 16
another action mentioned in subsection (2).'. 17
Clause 27 Amendment of s 76 (Board to take action as soon as 18
practicable) 19
Section 76, `73(2)(a) to (c), or'-- 20
omit, insert-- 21
`73(2)(a) to (d), or'. 22
Clause 28 Amendment of s 80 (Functions of board) 23
(1) Section 80(1)(e) to (h)-- 24
omit, insert-- 25
`(e) to advise the Minister about the operation of this Act in 26
its application to the practice of architecture; 27
Page 20
Architects Amendment Bill 2010
[s 29]
(f) to arrange or approve examinations in the practice of 1
architecture for the purpose of registration under this 2
Act; 3
(g) to advance education in architecture and professional 4
standards of architects; 5
(h) to perform other functions given to the board under this 6
or another Act; 7
(i) to perform a function incidental to a function mentioned 8
in paragraphs (a) to (h).'. 9
(2) Section 80(2)-- 10
omit. 11
Clause 29 Amendment of s 82 (Membership of board) 12
Section 82(2)(b)(i), `Royal'-- 13
omit. 14
Clause 30 Amendment of pt 5, div 7 hdg (Registrar of board) 15
Part 5, division 7, heading, after `board'-- 16
insert-- 17
`and other staff'. 18
Clause 31 Insertion of new s 100A 19
After section 100-- 20
insert-- 21
`100A Other staff 22
`With the board's consent, other public service employees 23
may-- 24
(a) be engaged by a public sector unit to provide services 25
for the board; or 26
(b) be deployed to the board to provide services for the 27
board.'. 28
Page 21
Architects Amendment Bill 2010
[s 32]
Clause 32 Replacement of s 101 (Board to reimburse cost of 1
registrar's services) 2
Section 101-- 3
omit, insert-- 4
`101 Board to reimburse cost of registrar's or other staff's 5
services 6
`The board must reimburse the public sector unit in which the 7
registrar or a public service employee is employed the 8
reasonable costs of the services provided by the registrar or 9
public service employee for the board.'. 10
Clause 33 Amendment of s 114 (Using titles or names etc.) 11
Section 114(2), `an architect'-- 12
omit, insert-- 13
`a practising architect'. 14
Clause 34 Omission of s 118 (Information for advertisements) 15
Section 118-- 16
omit. 17
Clause 35 Amendment of s 121 (Review of particular decisions) 18
Section 121(2)(e), `73(2)(d)'-- 19
omit, insert-- 20
`73(2)(e)'. 21
Clause 36 Amendment of s 130 (Orders relating to architect) 22
Section 130(2), `40 penalty units'-- 23
omit, insert-- 24
`200 penalty units'. 25
Page 22
Architects Amendment Bill 2010
[s 37]
Clause 37 Amendment of s 131 (Orders relating to former architect) 1
(1) Section 131(1)-- 2
omit, insert-- 3
`(1) This section applies if the tribunal decides that a disciplinary 4
ground is established against a person who is not an architect 5
at the time of the tribunal's decision.'. 6
(2) Section 131(2)(b)-- 7
omit, insert-- 8
`(b) to do 1 or more of the following-- 9
(i) order the person to pay a stated amount of not 10
more than the equivalent of 200 penalty units; 11
(ii) make an order reprimanding the person; 12
(iii) make an order disqualifying, indefinitely or for a 13
stated period, the person from obtaining 14
registration as an architect.'. 15
(3) Section 131(3) and (4)-- 16
omit. 17
Clause 38 Amendment of s 138 (Summary proceedings for 18
offences) 19
Section 138(2)-- 20
omit, insert-- 21
`(2) The proceeding must start within the later of the following 22
periods to end-- 23
(a) 1 year after the commission of the offence; 24
(b) 6 months after the commission of the offence comes to 25
the complainant's knowledge, but within 2 years after 26
the commission of the offence.'. 27
Clause 39 Amendment of s 141A (Notice and record for 28
corporations) 29
(1) Section 141A, heading `corporations'-- 30
Page 23
Architects Amendment Bill 2010
[s 39]
omit, insert-- 1
`businesses'. 2
(2) Section 141A(1), (2), (3) and (7), `corporation'-- 3
omit, insert-- 4
`business'. 5
(3) Section 141A(3)(a), `corporation's'-- 6
omit, insert-- 7
`business's'. 8
(4) Section 141A(3)(c), after `name'-- 9
insert-- 10
`and signature'. 11
(5) Section 141A(7) and (8), `(5)'-- 12
insert-- 13
`(6)'. 14
(6) Section 141A(7), (8) and (9)-- 15
renumber as section 141A(8), (9) and (10). 16
(7) Section 141A(5) and (6)-- 17
omit, insert-- 18
`(5) Subsection (6) applies if a business gives the board a notice 19
under subsection (2) and a change happens in any 1 or more of 20
the following-- 21
(a) the business's name, business address and telephone 22
number; and 23
(b) the name of a place at which the business provides 24
architectural services using an architect; and 25
(c) the name of an architect who is responsible for carrying 26
out architectural services for the business at a place. 27
`(6) The business must, within 21 days after the change happens, 28
notify the board, in the approved form, about the change. 29
Page 24
Architects Amendment Bill 2010
[s 40]
`(7) If the change is in an architect responsible for carrying out 1
architectural services for the business, the notice about the 2
change is not given under subsection (6) unless the notice 3
states the new architect's name and signature.'. 4
(8) Section 141A-- 5
insert-- 6
`(11) In this section-- 7
business means a corporation, partnership or other 8
unincorporated association.'. 9
Clause 40 Replacement of pt 11, div 2, hdg (Transitional provisions) 10
Part 11, division 2, heading-- 11
omit, insert-- 12
`Division 2 Transitional provisions for Act No. 13
53 of 2002'. 14
Clause 41 Amendment of s 159 (Existing registrations) 15
Section 159(5), `section 8(2)(b)(iv)'-- 16
omit, insert-- 17
`section 8(2)(b)(iii)'. 18
Clause 42 Amendment of s 162 (Continuing effect of qualifications 19
under repealed Act) 20
Section 162(1)(b)-- 21
omit, insert-- 22
`(b) only until the commencement of the Architects 23
Amendment Act 2010.'. 24
Clause 43 Insertion of new pt 11, div 3 25
After section 165-- 26
Page 25
Architects Amendment Bill 2010
[s 43]
insert-- 1
`Division 3 Transitional provision for Architects 2
Amendment Act 2010 3
`166 Certain applications to be dealt with under 4
pre-amended Act 5
`(1) This section applies to any of the following applications if the 6
application was made to the board, and not finally dealt with, 7
before the commencement-- 8
(a) an application for registration under the pre-amended 9
Act, section 8; 10
(b) an application for renewal of registration under the 11
pre-amended Act, section 18; 12
(c) an application for restoration of registration under the 13
pre-amended Act, section 23. 14
`(2) The pre-amended Act continues to apply to the application for 15
the purpose of making a decision about the application. 16
`(3) In this section-- 17
commencement means the commencement of this section. 18
pre-amended Act means this Act as in force immediately 19
before the commencement. 20
`167 Prospective application of ss 36AA and 69AA 21
`(1) Sections 36AA and 69AA do not apply to a person who, 22
before the commencement, stopped being an architect if the 23
relevant conduct of the person mentioned in section 36AA(1) 24
happened before the commencement. 25
`(2) In this section-- 26
commencement means the commencement of this section.'. 27
Page 26
Architects Amendment Bill 2010
[s 44]
Clause 44 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions affected by bankruptcy action, 2
assessment entity, complainant and continuing competency 3
requirements-- 4
omit. 5
(2) Schedule 2-- 6
insert-- 7
`affected by bankruptcy action, in relation to an individual, 8
means the individual is an insolvent under administration 9
within the meaning of the Corporations Act, section 9. 10
complainant, other than in section 138, means the person who 11
makes the complaint. 12
continuing registration requirements see section 16(1). 13
health assessment, in relation to an architect, includes-- 14
(a) a physical, medical or psychiatric examination or test of 15
the architect; and 16
(b) asking questions to assess the architect's mental and 17
physical health. 18
health assessment report see section 35F(1). 19
health assessor, for part 2A, see section 35D(2). 20
non-practising architect means an architect who does not 21
carry out, and is not responsible for the carrying out of, 22
architectural services. 23
practising architect means an architect who carries out, or is 24
responsible for the carrying out of, architectural services. 25
subject architect, for part 2A, see section 35C.'. 26
Clause 45 Regulations amended 27
The schedule amends the regulations mentioned in it. 28
Page 27
Architects Amendment Bill 2010
[s 46]
Clause 46 Amendment of regulations does not affect powers of 1
Governor in Council 2
The amendment of a regulation in the schedule does not affect 3
the power of the Governor in Council to further amend the 4
regulation or to repeal it. 5
Page 28
Architects Amendment Bill 2010
Schedule
Schedule Consequential amendments 1
Section 45 2
Architects Regulation 2003 3
1 Schedule 1, item 1, `s 8(2)(b)(iv)'-- 4
omit, insert-- 5
`ss 8(2)(b)(iii) and 23(2)(b)(ii)'. 6
2 Schedule 1, item 2, `s 8(2)(b)(iv)'-- 7
omit, insert-- 8
`s 8(2)(b)(iii)'. 9
3 Schedule 1, item 3, `ss 18(3)(b)(iii)'-- 10
omit, insert-- 11
`ss 18(3)(b)(ii)'. 12
Cooperatives Regulation 1997 13
1 Schedule 5, item 12, `Architects Act 1985'-- 14
omit, insert-- 15
`Architects Act 2002'. 16
© State of Queensland 2010
Page 29
[Index] [Search] [Download] [Related Items] [Help]