Queensland Consolidated Acts

PROFESSIONAL ENGINEERS ACT 2002

- As at 1 February 2024 
- Act 54 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
   6A.     Extraterritorial application of Act

           Division 4 - Interpretation

   7.      Definitions
   7A.     Areas of engineering

   PART 2 - REGISTRATION OF PROFESSIONAL ENGINEERS

           Division 1 - Preliminary

   7B.     Types of registration as a professional engineer
   8.      Applying for registration

           Division 2 - Eligibility for registration

   9.      Eligibility
   10.     When applicant is qualified for registration
   11.     Fitness to practise as a registered professional engineer

           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 5A - Further conditions imposed on registration

   27A.    Imposition of certain conditions on registration

           Division 6 - Cancellation and immediate suspension of registrations

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

           Division 7 - Offences

   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
   32C.    Amending or replacing certificates of registration after certain conditions imposed

           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 a registered professional engineer
   35B.    Report about relevant person’s criminal history
   35C.    Information about relevant persons from assessment entities

   PART 2A - HEALTH ASSESSMENTS

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

   PART 2B - AUDITS OF REGISTERED PROFESSIONAL ENGINEERS

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

   PART 3 - COMPLAINTS AND INVESTIGATIONS

           Division 1AA - Extended application of part 3

   36AA.   Application to former registered professional engineers

           Division 1 - Grounds for disciplining registered professional engineers

   36.     Grounds for disciplining a registered professional engineer

           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 registered professional engineer’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 registered professional engineers
   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 registered professional engineer
   74.     Notice of result of investigation about registered professional engineer
   74A.    Publishing of certain decisions on investigation about registered professional engineer
   75.     Board’s decision about other investigations
   75A.    Other investigations—recording decision if person becomes registered professional engineer
   75B.    Publishing information if person other than registered professional engineer found guilty of offence
   76.     Board to take action as soon as practicable

   PART 5 - BOARD OF PROFESSIONAL ENGINEERS 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
   101A.   Delegation by registrar

           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 disciplinary proceeding

   PART 6A - ASSESSMENT ENTITIES AND SCHEMES

           Division 1 - Preliminary

   112A.   Definitions for pt 6A

           Division 2 - Suitability of assessment schemes

   112B.   Suitability of assessment schemes for approval

           Division 3 - Applications relating to assessment schemes

   112C.   Application for approval
   112D.   Application for renewal
   112E.   Application for variation

           Division 4 - Referral of applications under this part to the board

   112F.   Minister to refer an application under this part to the board for assessment
   112G.   Consideration by board
   112H.   Further information or document to support application
   112I.   Report by board about application

           Division 5 - Decision of Minister

   112J.   Decision on application
   112K.   Grant of application
   112L.   Grant of application with conditions
   112M.   Refusal of application

           Division 6 - Term of approval

   112N.   Term of approval
   112O.   Approval continues pending decision about renewal

           Division 7 - Cancellation, suspension and surrender of approval

   112P.   Grounds for cancellation and suspension
   112Q.   Show cause notice
   112R.   Consideration of representations
   112S.   Ending show cause process without further action
   112T.   Cancellation or suspension of approval
   112U.   Voluntary surrender of approval

           Division 8 - Record of assessment entities

   112V.   Record of assessment entities

   PART 7 - OTHER OFFENCE PROVISIONS

   113.    Claims about being a registered professional engineer
   114.    Using titles or names
   115.    Who may carry out professional engineering services
   116.    (Repealed)
   117.    (Repealed)
   118.    (Repealed)
   119.    (Repealed)

   PART 8 - REVIEWS AND DISCIPLINARY PROCEEDINGS

           Division 1 - Reviews

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

           Division 2 - Disciplinary proceedings

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

   PART 9 - LEGAL PROCEEDINGS

           Division 1 - Evidence

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

           Division 2 - Offence proceedings

   139.    Proceedings for offences
   140.    False or misleading information or statements
   140A.   Costs of investigation

   PART 10 - OTHER MATTERS

   141.    Performance and carrying out of professional engineering services by particular entities
   142.    Protection from liability
   142A.   Appropriation of penalties
   142B.   Statutory declarations to verify information required under the Act
   143.    Approval of forms
   144.    Regulation-making power

   PART 11 - REPEAL, TRANSITIONAL AND VALIDATING PROVISIONS

           Division 1 - Repeal

   145.    Repeal of Professional Engineers Act 1988

           Division 2 - Transitional provisions for Act No. 54 of 2002

              Subdivision 1 - Preliminary

   146.    Definitions for div 2

              Subdivision 2 - Transitional references

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

              Subdivision 3 - Other transitional provisions

   149.    Dissolution of former board
   150.    Particular members of former board continue in office
   151.    First appointment of particular member
   152.    Employees of former board
   153.    Vesting of former board’s assets, rights and liabilities
   154.    Vesting of former board’s pending legal proceedings
   155.    Dissolution of disciplinary panel
   156.    Complaints under repealed Act
   157.    Disciplinary proceeding started before commencement
   158.    Continuing investigations
   159.    Appeals
   160.    Existing registrations—individuals
   161.    Existing registrations—divisions of engineering
   162.    Existing registrations—other entities
   163.    Existing applications for registration
   164.    Continuing effect of qualifications under repealed Act
   165.    Refund of fees—registered professional engineering company or unit

           Division 3 - Validating provision

   166.    Validating registration of professional engineers

           Division 4 - Transitional provision for Professional Engineers and Other Legislation Amendment Act 2008, part 2

   167.    Certain decisions made under part 6A to have effect from 1 July 2008

           Division 5 - Transitional provisions for Professional Engineers and Other Legislation Amendment Act 2008, part 3

   168.    Definitions for this division
   169.    Certain applications to be dealt with under pre-amended Act
   170.    Continuing registration requirements for preserved areas of engineering
   171.    Application of preserved areas of engineering to certain provisions
           SCHEDULE 2