South Australian Numbered Acts South Australian Numbered Acts15—Amendment of section 34—Proper cause for disciplinary action
(1) Section
34(1)(c)—after "survey" insert
, establishing survey marks or in the preparation of a plan or record of a
survey
(2) Section
34(2)—delete subsection (2) and substitute:
(2) A surveying
services provider is liable to be disciplined if—
(a) the
provider has contravened or failed to comply with a provision of this Act; or
(b) in
the case of a surveying services provider that is a trust or corporate
entity—the occupier of a position of authority in the trust or corporate
entity has contravened or failed to comply with a provision of this Act.
(3) The occupier of a
position of authority in a trust or corporate entity that is a surveying
services provider is liable to be disciplined if—
(a) the
person has contravened or failed to comply with a provision of this Act; or
(b) the
trust or corporate entity has contravened or failed to comply with a provision
of this Act (unless it is proved that the person could not, by the exercise of
reasonable care, have prevented the commission of the offence by the entity).
(4) Disciplinary
action may be taken under this Division against—
(a) a
person who was licensed or registered as a surveyor when the cause for
disciplinary action arose but has since ceased to be licensed or registered as
a surveyor; or
(b) a
surveying services provider who was a provider when the cause for disciplinary
action arose but has since ceased to be a surveying services provider; or
(c) the
occupier of a position of authority in a trust or corporate entity that is a
surveying services provider who was the occupier of the position of authority
when the cause for disciplinary action arose but has since ceased to be the
occupier of the position.