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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
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