Queensland Consolidated Acts

ARCHITECTS ACT 2002

- As at 1 February 2024 
- Act 53 of 2002 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Objects

   3.      Main objects of Act
   4.      How main objects are achieved

           Division 3 - Application of Act

   5.      Act binds all persons
   6.      Mutual recognition legislation not affected

           Division 4 - Interpretation

   7.      Definitions

   PART 2 - REGISTRATION OF ARCHITECTS

           Division 1 - Preliminary

   7A.     Types of registration as an architect
   8.      Applying for registration

           Division 2 - Eligibility for registration

   9.      Eligibility
   10.     When applicant is qualified for registration
   11.     Fitness to practise as an architect

           Division 3 - Decision on applications for registration

   12.     Deciding application
   13.     Grant of application
   14.     Refusal of application
   15.     Period of registration

           Division 4 - Renewal and restoration of registrations

              Subdivision 1 - Preliminary

   16.     Meaning of continuing registration requirements
   17.     Notification of expiry of registration

              Subdivision 2 - Renewal

   18.     Applying for renewal
   19.     Registration in force while application is considered
   20.     Deciding application
   21.     Renewal of registration
   22.     Refusal to renew registration

              Subdivision 3 - Restoration

   23.     Applying for restoration
   24.     Deciding application
   25.     Restoration of registration
   26.     Refusal to restore registration

           Division 5 - Lapsing of applications

   27.     Lapsing of application

           Division 6 - Cancellation and immediate suspension of registrations

   28.     Grounds for cancellation
   29.     Procedure for cancellation
   29A.    Immediate suspension of registration

           Division 7 - Offences about registration

   30.     False or misleading statement
   31.     False or misleading document
   31A.    Proof of giving false and misleading statements and documents
   32.     Notification about particular matters
   32AA.   Notification of prescribed changes
   32A.    Notification of disciplinary event by other bodies
   32B.    Notification of inability to practise

           Division 8 - Miscellaneous

   33.     Surrender of registration
   34.     Form of certificate of registration
   35.     Refund of fees—withdrawal of application
   35A.    Inquiries about fitness to practise as an architect
   35B.    Report about relevant person’s criminal history

   PART 2A - HEALTH ASSESSMENTS

   35C.    Definitions for pt 2A
   35D.    Health assessment
   35E.    Appointment of health assessor
   35F.    Health assessment report
   35G.    Payment for heath assessment and report
   35H.    Use of health assessment report

   PART 2B - AUDITS OF ARCHITECTS

   35I.    Approved audit programs
   35J.    Power to require production of documents

   PART 3 - COMPLAINTS AND INVESTIGATIONS

           Division 1AA - Extended application of part 3

   36AA.   Application to former architects

           Division 1 - Grounds for disciplining architects

   36.     Grounds for disciplining an architect

           Division 2 - Complaints

   37.     Complaints about conduct
   38.     Board may require further information or statutory declaration
   39.     Rejection of complaint
   40.     Withdrawal of complaint

           Division 3 - Investigations

   41.     Investigation of architect’s conduct
   42.     Investigation of compliance with Act
   43.     Investigation to be conducted as quickly as possible
   44.     Notice of investigation
   45.     Board may engage persons to help investigation

           Division 4 - Investigators

   46.     Function of investigator
   47.     Powers of investigator

           Division 5 - Appointment of investigators and other matters

   48.     Appointment and qualifications
   49.     Appointment conditions and limit on powers
   50.     Issue of identity card
   51.     Production or display of identity card
   52.     When investigator ceases to hold office
   53.     Resignation
   54.     Failure to return identity card

           Division 6 - Powers of board and investigators

   55.     Power to require information or attendance
   56.     Offence to contravene information or attendance requirement
   57.     Inspection and copying of produced documents

           Division 7 - Seizure of documents

   58.     Seizing document as evidence
   59.     Receipt for seized document
   60.     Investigator to give seized document to board
   61.     Access to seized document
   62.     Return of seized document

           Division 7A - Entry of places by investigators

              Subdivision 1 - Power to enter

   62A.    General power to enter places

              Subdivision 2 - Entry by consent

   62B.    Application of subdivision
   62C.    Incidental entry to ask for access
   62D.    Matters investigator must tell occupier
   62E.    Consent acknowledgement

              Subdivision 3 - Entry under warrant

   62F.    Application for warrant
   62G.    Issue of warrant
   62H.    Defect in relation to a warrant
   62I.    Entry procedure

           Division 7B - General powers of investigators after entering places

   62J.    Application of division
   62K.    General powers
   62L.    Power to require reasonable help
   62M.    Offence to contravene help requirement

           Division 7C - Power to seize evidence

   62N.    Seizing evidence at a public place that may be entered without consent or warrant
   62O.    Seizing evidence at a place that may only be entered with consent or warrant
   62P.    Power to secure seized thing
   62Q.    Offence to contravene seizure requirement
   62R.    Offence to interfere
   62S.    Receipt and information notice for seized thing
   62T.    Access to seized thing
   62U.    Return of seized things
   62V.    Forfeiture of seized things
   62W.    Information notice about forfeiture decision
   62X.    When thing becomes property of the board
   62Y.    How property may be dealt with

           Division 8 - Notice of damage and compensation

   63.     Notice of damage
   64.     Compensation

           Division 9 - Offences about investigations

   65.     False or misleading statements
   66.     False or misleading documents
   67.     Obstructing board or investigators
   68.     Impersonation of investigators

   PART 4 - REPORTS AND BOARD’S DECISIONS ABOUT INVESTIGATIONS

   69AA.   Application of pt 4 to certain former architects
   69.     Board’s report about investigation
   70.     Report about investigation being conducted
   71.     Investigator’s report about investigation
   72.     Board may report to Minister
   73.     Board’s decision on investigation about architects
   74.     Notice of result of investigation about architects
   74A.    Publishing of certain decisions on investigation about architect
   75.     Board’s decision about other investigations
   76.     Board to take action as soon as practicable

   PART 5 - BOARD OF ARCHITECTS OF QUEENSLAND

           Division 1 - Establishment

   77.     Establishment of board
   78.     Board’s relationship with the State
   79.     Board’s independence etc.

           Division 2 - Functions and powers

   80.     Functions of board
   81.     Powers of board

           Division 3 - Membership

   82.     Membership of board
   83.     Chairperson and deputy chairperson
   84.     Duration of appointment
   85.     Conditions of appointment
   86.     Termination of appointment
   87.     Vacation of office
   88.     Leave of absence for a member
   89.     Effect of vacancy in membership of board
   90.     Criminal history reports

           Division 4 - Business and meetings

   91.     Conduct of business
   92.     Times and places of meetings
   93.     Quorum
   94.     Presiding at meetings
   95.     Conduct of meetings
   96.     Minutes

           Division 5 - Disclosure of interests by board members

   97.     Disclosure of interests

           Division 6 - Directions by Minister and performance agreements

   98.     Ministerial direction
   99.     Performance agreement

           Division 7 - Registrar of board and other staff

   100.    Appointment and function of registrar
   100A.   Other staff
   101.    Board to reimburse cost of registrar’s or other staff’s services

           Division 8 - Register

   102.    Keeping register
   103.    Inspection of register

           Division 9 - Other provisions about the board

   104.    Application of other Acts
   105.    (Repealed)
   106.    Board to reimburse tribunal costs
   107.    Matters to be included in annual report
   107A.   Delegation

   PART 6 - CODES OF PRACTICE

   108.    Board to make code of practice
   109.    Tabling of code
   110.    Inspection of code
   111.    Notice of approval or amendment of code
   112.    Use of code of practice in a disciplinary proceeding

   PART 7 - OTHER OFFENCE PROVISIONS

   113.    Claims about being an architect
   114.    Using titles or names etc.
   114A.   Exemption for corporations
   115.    Claims about provision of architectural services
   116.    Providing information about architects
   117.    Information on correspondence about architectural services
   118.    (Repealed)

   PART 8 - REVIEWS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Reviews

   119.    (Repealed)
   120.    (Repealed)
   121.    Review of particular decisions
   122.    (Repealed)
   123.    (Repealed)
   124.    (Repealed)
   125.    Information about review

           Division 2 - Disciplinary proceedings

   126.    Tribunal may conduct disciplinary proceeding
   127.    (Repealed)
   128.    Tribunal to have regard to code of practice
   129.    Continuation of particular proceeding
   130.    Orders relating to architect
   131.    Orders relating to former architect
   132.    Effect of particular orders
   133.    Recording details of orders

   PART 9 - LEGAL PROCEEDINGS

           Division 1 - Evidence

   134.    Application of div 1
   135.    Appointments and authority
   136.    Signatures
   137.    Evidentiary matters

           Division 2 - Offence proceedings

   138.    Proceedings for offences
   139.    False or misleading information or statements

   PART 10 - OTHER MATTERS

   140.    Performance and carrying out of architectural services by particular entities
   141.    Protection from liability
   141A.   Notice and record for businesses
   141B.   Statutory declarations to verify information required under the Act
   142.    Approval of forms
   143.    Regulation-making power

   PART 11 - REPEAL AND TRANSITIONAL PROVISIONS

           Division 1 - Repeal

   144.    Repeal of Architects Act 1985

           Division 2 - Transitional provisions for Act No. 53 of 2002

              Subdivision 1 - Preliminary

   145.    Definitions for div 2

              Subdivision 2 - Transitional references

   146.    References to repealed Act
   147.    References to former board

              Subdivision 3 - Other transitional provisions

   148.    Dissolution of former board
   149.    Particular members of former board continue in office
   150.    First appointment of particular member
   151.    Employees of former board
   152.    Vesting of former board’s assets, rights and liabilities
   153.    Vesting of former board’s pending legal proceedings
   154.    Dissolution of disciplinary panel
   155.    Complaints under repealed Act
   156.    Disciplinary proceeding started before commencement
   157.    Continuing investigations
   158.    Appeals
   159.    Existing registrations
   160.    Existing approvals
   161.    Existing applications for registration
   162.    Continuing effect of qualifications under repealed Act
   163.    Matters about prescribed examinations
   164.    Fees for prescribed examinations
   165.    Refund of fees—approved architectural company

           Division 3 - Transitional provision for Architects Amendment Act 2010

   166.    Certain applications to be dealt with under pre-amended Act
   167.    Prospective application of ss 36AA and 69AA

           Division 4 - Transitional provision for Building Industry Fairness (Security of Payment) and Other Legislation Amendment Act 2020

   168.    Continued limitation of time for particular summary proceedings
           SCHEDULE 2