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ARCHITECTS ACT 2002 - SECT 73
Board’s decision on investigation about architects
73 Board’s decision on investigation about architects
(1) This section applies if the board— (a) prepares a report under
section 69 (1) about an architect; or
(b) receives a report under section 71
(1) about an architect and does not request a further report about the
architect under section 71 (3) ; or
(c) receives a further report under
section 71 (3) about an architect.
(2) As soon as practicable after preparing
the report, or receiving the report or further report, the board must decide
to do 1 or more of the following— (a) start a disciplinary proceeding
against the architect; Note— For how to start a disciplinary proceeding,
see part 8 (Reviews and disciplinary proceedings).
(b) enter into an
undertaking agreed with the architect about a matter relating to the architect
carrying out architectural services, including, for example, to submit to an
audit of the architect’s practice of architecture;
(c) caution or reprimand
the architect;
(d) impose a condition on the architect’s registration;
(e)
take no further action about the matter the subject of the investigation.
(3)
If the architect does not comply with an undertaking entered into under
subsection (2) (b) , the board may decide to take another action mentioned in
subsection (2) .
(4) In acting under subsection (2) , the board must have
regard to the main objects of this Act and the disciplinary grounds.
(5)
Also, regardless of what the board decides under subsection (2) (a) to (d) ,
the board may start proceedings to prosecute the architect for an offence.
(6) A decision to take action as mentioned in subsection (2) (b) to (e) does
not prevent the board taking the matter the subject of the investigation into
consideration at a later time as part of a pattern of conduct or practice that
may result in starting a disciplinary proceeding against the architect.
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