Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

PROFESSIONAL ENGINEERS ACT 2023 - NOTES

Dictionary

(see s 3)

Note     The Legislation Act

contains definitions relevant to this Act. For example:

              •     ACAT

              •     ACT

              •     appoint

              •     bankrupt or personally insolvent

              •     corporation

              •     indictable offence (see s 190)

              •     individual

              •     proceeding.

"ACAT reviewable decision", for part 11 (Notification and review of decisions)—see section 78.

"affected person", for part 11 (Notification and review of decisions)—see section 78.

"aggrieved person", for part 9 (Complaints about professional engineers)—see section 63.

"application for registration"—see section 16 (1).

"application for renewal"—see section 18 (1).

"approved code of practice" means a code of practice approved under section 85.

"area of engineering"—see section 9 (1).

"assessment entity" means an entity approved under section 32 to conduct an assessment scheme.

"assessment scheme", for part 5 (Assessment entities)—see section 32 (1).

"authorised person" means—

        (a)     the registrar; and

        (b)     a deputy registrar; and

        (c)     a person appointed as an authorised person under section 48.

"carry out", a professional engineering service, includes being responsible for the carrying out of a professional engineering service.

"complainant", for part 9 (Complaints about professional engineers)—see section 66 (1) (b).

"conduct" means an act or an omission to do an act.

"decision-maker", for part 11 (Notification and review of decisions)—see section 78.

"deputy registrar" means a person appointed as a deputy registrar under section 12.

"disciplinary action", against a professional engineer, for division 6.1 (Disciplinary action)—see section 35.

"engineers register"—see section 30 (1).

"former professional engineer" means an individual who has been a professional engineer.

"ground for disciplinary action", for division 6.1 (Disciplinary action)—see section 36 (1).

"immediate action notice"—see section 41 (3).

"internally reviewable decision", for part 11 (Notification and review of decisions)—see section 78.

"internal review notice", for part 11 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008

, section 67B (1).

"law of another jurisdiction", for division 10.1 (Information sharing—public safety information)—see section 74.

"non-territory agency", for division 10.1 (Information sharing—public safety information)—see section 74.

"professional engineer"—

        (a)     for this Act generally—see section 7; and

        (b)     for division 6.1 (Disciplinary action)—see section 35; and

        (c)     for part 9 (Complaints about professional engineers)—see section 63.

"professional engineering service"—see section 8 (1).

"proposed disciplinary action", for division 6.1 (Disciplinary action)—see section 37 (1).

"public official" means a person who is, or has been, any of the following:

        (a)     the director-general;

        (b)     the registrar;

        (c)     the deputy registrar;

        (d)     an authorised person;

        (e)     a person exercising a function under this Act.

"public safety agency", for division 10.1 (Information sharing—public safety information)—see section 74.

"public safety information", for division 10.1 (Information sharing—public safety information)—see section 74.

"reconsideration application", for part 11 (Notification and review of decisions)—see section 79 (1).

"registered" means registered as a professional engineer under this Act.

"registrar" means the person appointed as the Australian Capital Territory Professional Engineers Registrar under section 10.

"registration" means registration as a registered engineer under this Act.

"registration certificate"—see section 26 (2).

"registration number"—see section 26 (2) (c).

"relevant law" means a law of the ACT, the Commonwealth, a State or the Northern Territory relating to—

        (a)     the carrying out of an engineering service (however described); or

        (b)     a registration authorising an individual to carry out an engineering service (however described).

"required qualifications, experience and competencies" means the qualifications, experience and competencies determined by the Minister under section 83.

"respondent", for part 9 (Complaints about professional engineers)—see section 66 (1) (d).

"show cause notice", for division 6.1 (Disciplinary action)—see section 37 (2).

"suitability information", about an individual, for part 4 (Registration of professional engineers)—see section 15 (1).

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired


3     Legislation history

Professional Engineers Act 2023 A2023-8

notified LR 11 April 2023

s 1, s 2 commenced 11 April 2023 (LA s 75 (1))

s 3, s 4, pt 2, pt 3, pt 5, pt 11, pt 12, sch 1 commenced 6 March 2024 (s 2 (1) (as am by A2023-20

pt 5) and CN2024-1

)

remainder awaiting commencement

as amended by

Planning and Environment Legislation Amendment Act 2023

A2023-20 pt 5

notified LR 21 June 2023

s 1, s 2 commenced 21 June 2023 (LA s 75 (1))

pt 5 commenced 22 June 2023 (s 2 (1))

Planning (Consequential Amendments) Act 2023

A2023-36 sch 1 pt 1.51

notified LR 29 September 2023

s 1, s 2 commenced 29 September 2023 (LA s 75 (1))

sch 1 pt 1.51 awaiting commencement

Planning and Environment Legislation Amendment Act 2024

A2024-21 pt 6

notified LR 24 May 2024

s 1, s 2 commenced 24 May 2024 (LA s 75 (1))

pt 6 commenced 25 May 2024 (s 2 (2))

4     Amendment history

Commencement
s 2     am A2023-20

s 16, s 17; A2024-21

s 21

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1
6 Mar 2024

6 Mar 2024–
24 May 2024

A2023-20

new Act and amendments by A2023-20

6     Uncommenced provisions

Section 5, pt 4, pts 6 to 10, pt 13 and sch 2 were uncommenced at the republication date but have been included in this republication with the symbol  U  immediately before the provision headings.










© Australian Capital Territory 2024


ACT
Crest high res small
Australian Capital Territory

A2023-8

Republication No 2

Effective: 25 May 2024

Republication date: 25 May 2024

Last amendment made by A2024-21




Not all provisions are in force: see last endnote



About this republication

The republished law

This is a republication of the Professional Engineers Act 2023

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 25 May 2024

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 25 May 2024

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small
Australian Capital Territory

Professional Engineers Act 2023


Part 1.1Internally reviewable decisions63

Part 1.2ACAT reviewable decisions64

Part 2.1Building Act 200465

Part 2.2Construction Occupations (Licensing) Act 200466

Endnotes71

ACT
Crest high res small
Australian Capital Territory

Professional Engineers Act 2023



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback