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ARCHITECTS BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Architects
Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
A Bill for
An Act about the provision of architectural services, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Architects Act 2004.
This Act commences on 1 July 2004.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘architects
board—see section 64.’ means that the term ‘architects
board’ is defined in that section.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Objects and important concepts for
Act
(1) The objects of this Act include the following:
(a) to establish a board to regulate the provision of architectural
services by architects;
(b) to ensure that architects provide services to the public
professionally and competently;
(c) to provide ways to discipline architects who are found to have acted
unprofessionally or incompetently;
(d) to ensure that the public has access to information about the
qualifications and competence of architects;
(e) to establish a register of architects to provide that
information.
(2) In this section:
architect means a registered person.
7 Meaning
of architectural service for Act
(1) In this Act:
architectural service means a service about architecture that
is ordinarily provided by a person eligible to be registered under this
Act.
(2) The regulations may prescribe services that are, and are not,
architectural services.
Division
3.1 Registration of
architects
Note about application of the Mutual Recognition Act 1992 (Cwlth)
and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth) (the
Commonwealth Acts)
The Commonwealth Acts allow people registered in certain occupations in a
local jurisdiction to carry on the occupations in another local jurisdiction and
set out the method of applying for registration in the ACT or a local
jurisdiction. The requirements for registration under this Act cannot validly
require anything of people being registered under the Commonwealth Acts that
would be inconsistent with those Acts. Accordingly, provisions of this part,
such as the requirements for applications, do not apply to the registration of
people under the Commonwealth Acts. Also, the Commonwealth Acts set out when
conditions may be placed on people registered under those Acts by a registration
board. For more information, see the Commonwealth Acts.
8 Eligibility
for registration
(1) An individual is eligible to be registered if the individual has
relevant expertise and relevant experience.
(2) An individual has relevant expertise if the
individual—
(a) has—
(i) a qualification prescribed under the regulations; or
(ii) successfully completed a course of study accredited by the architects
board; or
(iii) qualifications gained outside Australia that the board is satisfied
are adequate to allow the individual to practise architecture in the ACT;
and
(b) has passed an examination arranged or approved by the board to assess
the person’s competence to practise architecture.
(3) An individual has relevant experience
if—
(a) the individual has at least 2 years practical experience in the
practice of architecture, of which—
(i) at least 1 year is postgraduate experience; and
(ii) at least 1 year is in Australia; and
(b) the architects board is satisfied that the period and kind of practise
are adequate to allow the individual to competently practise architecture in the
ACT.
Example for par (a)
a person worked as an undergraduate in architectural services in Brussels
for 18 months, then graduated and worked providing architectural services
for 1 year in Melbourne
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) The architects board may, in writing, accredit a course for subsection
(2) (a) (ii).
(5) An accreditation is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
9 Decision
on registration application
(1) If an individual applies for registration, the architects board must
register, or refuse to register, the individual.
(2) The architects board must refuse to register the individual as an
architect if—
(a) the board is not satisfied that the applicant is eligible to be
registered; or
(b) the individual is disqualified from applying for
registration.
Note An individual may be disqualified from applying for
registration under s 46 (g) or (h).
(3) The architects board may refuse to register the individual if, because
of a relevant circumstance in relation to the individual, the board is satisfied
that the public interest will or might be endangered if the individual is
allowed to practice architecture in the ACT.
(4) Each of the following is a relevant circumstance in
relation to an individual:
(a) the individual is bankrupt, is applying to take the benefit of any law
for the relief of bankrupt or insolvent debtors, is compounding with creditors
or making an assignment of remuneration for the benefit of creditors;
(b) the individual has been convicted or found guilty of an offence
against this Act;
(c) the individual has been convicted or found guilty of an offence
against a Commonwealth, Territory or State law punishable by imprisonment for 1
year or longer;
(d) the individual’s registration (however described) under the
corresponding law of a local jurisdiction has been cancelled or suspended
because of an act or omission of the individual that would, if the individual
were registered in the ACT and the act or omission had happened here, have
allowed the individual’s registration to be cancelled or
suspended.
Note Corresponding law—see dict.
(5) To remove any doubt, the architects board may only register an
individual.
(6) Registration may be conditional.
10 Registration
conditions
(1) The architects board may put a condition on a person’s
registration—
(a) on registration; or
(b) when the registration is renewed.
Note A condition may also be put on a person’s registration
because of disciplinary action taken against the person (see s 46 (1)
(c)).
(2) A condition on registration may relate to—
(a) the term of the registration; or
(b) the kind of architecture the person is registered to practise;
or
(c) anything else relating to the practice of architecture that the
architects board considers appropriate.
(3) In considering whether to place a condition on a person’s
registration, the architects board must take into consideration the
following:
(a) any relevant experience;
(b) any history of complaints about the person’s conduct in relation
to the provision of architectural services;
(c) any disciplinary action taken in relation to the person under this Act
or a corresponding Act of a local jurisdiction;
(d) the need to protect the public from harm, for example, by limiting the
public’s exposure to a financially insecure provider of architectural
services.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
11 Inclusion
of details in register
(1) If the architects board registers a person, the board must include in
the register details of the person’s registration.
(2) The regulations may prescribe the details required to be included in
the register on registration.
(1) Registration is for 1 year.
(2) However, a condition on a person’s registration may provide a
shorter registration period.
Division
3.2 Architects
register
(1) The chief executive must appoint a public servant as
registrar.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 In particular, a person may be appointed for a particular
provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made
by naming a person or nominating the occupant of a position (see
s 207).
(2) The registrar is responsible for managing the administration of the
architects board and maintaining the register.
(3) The registrar must exercise a function under subsection (2) in
accordance with any direction from the architects board.
14 Board
to keep register
(1) The architects board must keep a register (the register)
that allows the public to get information about who is registered to provide
architectural services in the ACT.
(2) The register may be kept in any form, including electronically, that
the architects board decides.
(3) The register may be kept in 1 or more parts, as the architects board
considers appropriate.
(4) The register must be open for free inspection by the public at
reasonable times.
Example
the register may be available on a website
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(5) This section is subject to section 15.
15 Exception
to public inspection
(1) This section applies to a decision of the architects board to take
disciplinary action against a person.
(2) A matter included in the register in relation to the disciplinary
action may be open for public inspection under section 14 only
if—
(a) the time for any review of the decision has ended and no application
for appeal or review has been made; or
(b) an application for review has been made, the decision has been
confirmed on review and the time for further appeal has ended.
(3) If the decision has been reversed or set aside, a matter included in
the register in relation to the decision must not be open for public
inspection.
(4) If the decision has been changed (for example, by substitution), this
section applies to a matter included in the register in relation to the decision
as changed.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
With the approval of the architects board, the registrar may correct a
mistake, error or omission in the register.
17 Information
may be shared
Information on the register, including information that is not available
for public inspection, may be given to a local registering authority for use as
part of a joint register of architects between local jurisdictions.
Note Local registering authority—see dict.
18 Notice
of intention to remove from register
(1) This section applies if the architects board intends to remove
someone’s details from the register under section 19 (2) or
section 20.
(2) The architects board must not remove the person’s details unless
the board has—
(a) given the person written notice of the board’s intention to take
action; and
(b) taken into consideration any response received from the person in
accordance with the notice.
(3) A notice under subsection (2) (a) must—
(a) state the action the architects board intends to take; and
(b) tell the person why the board intends to take the action;
and
(c) tell the person that he or she may, within 12 business days after the
day the person is given the notice, give a written response to the board about
the matters in the notice.
19 Requirement
to remove register information
(1) The architects board must remove from the register details of a
person’s registration if—
(a) the person dies; or
(b) the person asks for the person’s registration to be cancelled;
or
(c) the person is no longer registered (for example, if the person fails
to renew registration or pay for renewal); or
(d) the person’s registration is cancelled.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The architects board must remove from the register details of a
person’s registration if the board is satisfied that—
(a) the person has become mentally or physically incapacitated and the
incapacity affects the person’s ability to provide architectural services;
or
(b) the person is not eligible to be registered.
(3) However, the architects board must not remove a person’s details
under subsection (2) until 15 business days after the day the person is given
notice of the intention to remove the details under section 18.
20 Register
information may be removed
(1) The architects board may remove from the register details of a
person’s registration if—
(a) the person becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with creditors or
makes an assignment of remuneration for the benefit of creditors; or
(b) the person is convicted or found guilty of an offence against a
Commonwealth, Territory or State law punishable by imprisonment for 1 year or
longer.
(2) However, the architects board must not remove a person’s details
under subsection (1) until 15 business days after the day the person is given
notice of the intention to remove the details under section 18.
21 Meaning
of mandatory requirement for div 3.3
In this division:
mandatory requirement, of a nominee of a firm, means a
written requirement by the nominee that the firm do something, or not do
something, to comply with this Act.
22 Appointment
of nominees
(1) A firm may, in writing given to the architects board, appoint an
eligible person to be a nominee for the firm.
(2) The appointment must state—
(a) that the person appointed is nominee in relation to all architectural
services provided by the firm and is the primary nominee; or
(b) if there is, or is to be, more than 1 nominee for the
firm—
(i) the services in relation to which the person appointed is to be
nominee; and
(ii) the name of the primary nominee.
(3) The appointment must also include the details of the person’s
eligibility to be a nominee.
(4) For subsection (1), a person is eligible to be a nominee
for a firm if the person—
(a) is registered; and
(b) is a director or partner in the firm, or employed by the firm;
and
(c) agrees in writing to the appointment.
(5) A firm may change the architectural services for which a nominee is
responsible by written notice to the nominee and the architects board.
23 Only
nominee is primary nominee
If a firm has only 1 nominee, the nominee is the firm’s primary
nominee.
24 Primary
nominee in partnership
(1) This section applies if a firm that is a partnership has more than
1 nominee.
(2) If only 1 nominee is a partner in the firm, that nominee is the
firm’s primary nominee.
(3) If more than 1 nominee is a partner in the firm, the firm must
nominate 1 nominee who is a partner to be the firm’s primary
nominee.
(4) If no nominee is a partner, the firm must nominate a nominee to be the
firm’s primary nominee.
25 Primary
nominee in corporation
(1) This section applies if a firm that is a corporation has more than
1 nominee.
(2) If only 1 nominee is a director of the firm, that nominee is the
firm’s primary nominee.
(3) If more than 1 nominee is a director of the firm, the firm must
nominate 1 nominee who is a director to be the firm’s primary
nominee.
(4) If no nominee is a director, the firm must nominate a nominee to be
the firm’s primary nominee.
26 Change
of primary nominee
A firm may change its primary nominee by written notice to the architects
board.
27 When
person no longer nominee
A nominee of a firm automatically stops being a nominee if the nominee
ceases to be eligible to be a nominee.
(1) A nominee of a firm may resign his or her appointment only with the
architects board’s approval.
(2) The architects board may approve the resignation of the nominee only
if satisfied that—
(a) the firm has refused to comply with a mandatory requirement of the
nominee; or
(b) the nominee cannot exercise his or her functions because of mental or
physical incapacity; or
(c) the nominee, or firm that appointed the nominee, has arranged for
another nominee to take over the nominee’s functions; or
(d) it is otherwise appropriate to approve the resignation.
29 Revocation
of nominee’s appointment
(1) A firm may revoke a nominee’s appointment only with the
architects board’s approval.
(2) The architects board may approve the revocation of the nominee’s
appointment only if satisfied that—
(a) the nominee cannot exercise his or her functions because of mental or
physical incapacity; or
(b) the nominee, or firm that appointed the nominee, has arranged for
another nominee to take over the nominee’s functions; or
(c) it is otherwise appropriate to approve the resignation.
(1) A nominee of a firm has the following functions:
(a) to supervise the architectural services of the firm for which the
nominee is responsible (the relevant architectural
services);
(b) to ensure that the relevant architectural services comply with this
Act.
(2) The nominee commits an offence if—
(a) the nominee has been given a copy of the nominee’s appointment
and any change to the appointment; and
(b) the nominee fails to—
(i) adequately supervise the relevant architectural services; or
(ii) ensure that the relevant architectural services comply with this
Act.
Maximum penalty: 50 penalty units.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including regulations (see
Legislation Act, s 104).
(3) Subsection (2) does not apply to a failure of a nominee of a firm
if—
(a) the nominee had given the nominee’s firm a mandatory requirement
in relation to the matter that made up the failure; and
(b) the nominee had given the architects board a copy of the mandatory
requirement; and
(c) the failure would not have happened if the mandatory requirement had
been complied with.
(4) A firm that is a corporation commits an offence if a nominee of the
firm fails to—
(a) adequately supervise the relevant architectural services; or
(b) ensure that the relevant architectural services comply with this
Act.
Maximum penalty: 50 penalty units.
(5) A partner in a firm that is a partnership commits an offence if a
nominee of the firm fails to—
(a) adequately supervise the relevant architectural services; or
(b) ensure that the relevant architectural services comply with this
Act.
Maximum penalty: 50 penalty units.
(6) It is a defence to a prosecution for an offence for contravening
subsection (5) if the partner proves—
(a) that—
(i) the partner did not know about the failure; and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the failure; or
(b) that the partner was not in a position to influence the other partners
in relation to the architectural services or their supervision.
(7) An offence against this section is a strict liability
offence.
31 Legislation
Act and nominee appointments
The Legislation Act, part 19.3 (Appointments) does not apply to the
appointment of a nominee.
32 Firm
to tell board about nominee ceasing
(1) This section applies if a nominee of a firm ceases to be the
firm’s nominee other than because the nominee resigns or the
nominee’s appointment is revoked.
(2) The firm must tell the architects board in writing about the nominee
ceasing within 1 week after the day the nominee ceases to be nominee.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability
offence.
33 Meaning
of architect for pt 4
In this part:
architect, in relation to an act or omission, means a
registered person or a person who was registered at the time of the act or
omission.
Anyone who believes a disciplinary ground exists in relation to an
architect may complain to the architects board.
Examples of people who may
complain
a board member, a member of the public, the user of a service
Note 1 Disciplinary ground—see s 42.
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(1) A complaint must—
(a) be in writing; and
(b) be signed by the person making the complaint (the
complainant); and
(c) include the complainant’s name and address.
(2) However, the architects board may accept a complaint for consideration
even if it does not comply with subsection (1).
(3) If the architects board accepts for consideration a complaint that is
not in writing, the board must require the complainant to put the complaint in
writing unless there is a good reason for not doing so.
36 Withdrawal
of complaints
(1) A complainant may withdraw the complaint at any time by written notice
to the architects board.
(2) If the complainant withdraws the complaint, the architects
board—
(a) need take no further action on the complaint; but
(b) may continue to act on the complaint if the board considers it
appropriate to do so; and
(c) need not report to the complainant under section 40 (Action after
investigating complaint) on the results of any action on the
complaint.
37 Further
information about complaint etc
(1) The architects board may, at any time, require a
complainant—
(a) to give the board further information about the complaint;
or
(b) to verify all or part of the complaint by statutory
declaration.
(2) When making a requirement under this section, the architects board
must give the complainant a reasonable period of time to satisfy the requirement
and may extend that period, whether before or after it ends.
(3) If the complainant does not comply with a requirement under subsection
(1), the architects board need not, but may, take further action in relation to
the complaint.
38 Investigation
of complaint
The architects board must take reasonable steps to investigate each
complaint the board accepts for consideration.
Note A complaint must be in writing, but the registrar may accept a
complaint that is not in writing (see s 35).
39 No
further action on complaint
The architects board must not take further action on a complaint if
satisfied that—
(a) the complaint lacks substance; or
(b) the complaint is frivolous, vexatious or was not made genuinely;
or
(c) the complaint has been adequately dealt with.
Note The architects board may also take no further action on a
complaint if the complainant has not complied with a requirement made under
s 37 (1) (see s 37 (3)).
40 Action
after investigating complaint
(1) After investigating a complaint against an architect, the architects
board must—
(a) if the board is satisfied that a disciplinary ground exists in
relation to the complaint—
(i) give the architect a disciplinary notice; and
(ii) tell the complainant in writing that the notice has been given;
or
(b) if the board is not satisfied that a disciplinary ground exists in
relation to the complaint—
(i) tell the complainant in writing that the board will take no further
action on the complaint; and
(ii) take no further action on the complaint.
(2) Subsection (1) (b) (ii) does not prevent the architects board from
taking further action in relation to a complaint if the board becomes satisfied
that a disciplinary ground exists in relation to the complaint.
Note The registrar need not notify the complainant under s (1) if
the complainant has withdrawn the complaint (see s 36).
Part
5 Disciplinary
matters
Division
5.1 Disciplinary
proceedings
41 Meaning
of architect for pt 5
In this part:
architect, in relation to an act or omission, means a
registered person or a person who was registered at the time of the act or
omission.
(1) Each of the following is a disciplinary ground in
relation to an architect:
(a) the architect has contravened, or is contravening, this Act;
(b) if a professional conduct code has been adopted under this
Act—the architect has contravened a requirement of the code;
(c) the architect has contravened, or is contravening, a condition of his
or her registration;
(d) the architect has been convicted, or found guilty, of an offence
against a corresponding law of a local jurisdiction;
Note Corresponding law—see dict.
(e) the architect has been found guilty, in the ACT or elsewhere, of an
offence involving fraud, dishonesty or violence that is punishable by
imprisonment for 1 year or more.
(2) A disciplinary ground applies to an architect who is no longer
registered if the disciplinary ground applied to the architect while
registered.
43 When
disciplinary notice may be given
If the architects board is satisfied that a disciplinary ground exists, or
may exist, in relation to an architect, the board may give the architect a
disciplinary notice.
A notice (a disciplinary notice) given to an architect
must—
(a) state each disciplinary ground which caused the notice to be given;
and
(b) state details of each ground that the architects board is satisfied
would allow a reasonable person to identify the circumstances that give rise to
the ground; and
(c) tell the architect that he or she may, within 12 business days after
the day the architect is given the notice, give a written response to the board
about the notice.
45 Decision
about disciplinary action
(1) This section applies if the architects board has given an architect a
disciplinary notice.
(2) The architects board may take disciplinary action in relation to the
architect if satisfied on reasonable grounds that a disciplinary ground is
established in relation to the architect.
(3) In making a decision about whether to take disciplinary action in
relation to the architect, the architects board—
(a) must take into account—
(i) any response given to the board in accordance with the disciplinary
notice; and
(ii) the considerations mentioned in section 46 (2); and
(b) may hold an inquiry under division 5.2 (Disciplinary
inquiries).
(4) If the architects board takes disciplinary action against the
architect—
(a) the board must tell the architect in writing about the board’s
decision; and
(b) the action takes effect when the notice is given to the architect or
on the later date stated in the notice.
(1) If the architects board may take disciplinary action in relation to an
architect, the board may do 1 or more of the following:
(a) reprimand the architect;
(b) require the architect to complete a stated course of training to the
satisfaction of the board or another stated person;
(c) impose a condition on the architect’s registration, or amend an
existing condition;
(d) impose a financial penalty of $1000 or less;
(e) suspend the architect’s registration for a stated period or
until a stated thing happens;
(f) cancel the architect’s registration;
(g) cancel the architect’s registration and disqualify the architect
from applying for registration for a stated period or until a stated thing
happens;
(h) disqualify the architect from applying for registration for a stated
period or until a stated thing happens.
(2) In deciding what disciplinary action to take in relation to the
architect under subsection (1), the architects board must consider the
following:
(a) the degree of responsibility of the architect for the act or omission
that made up the disciplinary ground;
(b) any injury, loss or damage caused, or that could have been caused, by
the act or omission that made up the disciplinary ground;
(c) the extent to which it is necessary to discourage the architect and
others from doing something, or not doing something, that made up the
disciplinary ground;
(d) whether, and the extent to which, it is necessary to protect the
public from the architect;
(e) the desirability of making the architect responsible for the
consequences of the architect’s actions or omissions;
(f) the desirability of maintaining public confidence in the regulatory
system set up by this Act.
(3) The architects board may consider any other relevant
consideration.
47 Public
notice of disciplinary action
(1) If the architects board decides to take disciplinary action against an
architect, the board—
(a) must tell the public about the disciplinary action by publishing the
relevant details of the action in a daily ACT newspaper; and
(b) may tell the public about the disciplinary action by publishing the
relevant details of the action in any other way the board considers
appropriate.
(2) However, the details of the disciplinary action may be published under
this section only if—
(a) the time for any review of the decision to take the disciplinary
action has ended and no application for appeal or review has been made;
or
(b) an application for review has been made, the decision has been
confirmed on review and the time for further appeal has ended.
(3) If the decision has been reversed, details of the disciplinary action
must not be published under this section.
(4) If the decision has been changed (for example, by substitution), this
section applies in relation to the decision as changed.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(5) In this section:
relevant details, of the disciplinary action,
means—
(a) the name and any other identifying details of the architect;
and
(b) a short description of the disciplinary ground on which the
disciplinary action was based; and
(c) a description of the disciplinary action.
48 Giving
local registering authorities information about certain disciplinary
action
(1) This section applies if the architects board cancels or suspends an
architect’s registration or disqualifies an architect from applying for
registration.
(2) The architects board must give each local registering authority the
following information about the architect:
(a) the name and any other identifying details of the architect;
and
(b) a short description of the disciplinary ground on which the
disciplinary action was based; and
(c) whether the registration has been cancelled or suspended or the
architect disqualified; and
(d) if the registration has been suspended—the period of suspension;
and
(e) if the architect has been disqualified—the period of
disqualification.
(3) This section does not limit any other requirement or power, under this
Act or another law in force in the ACT, to give information to a local
registering authority.
Division
5.2 Disciplinary
inquiries
(1) If the architects board decides under section 45 (3) to hold an
inquiry in relation to an architect, the board must give the architect at least
12 business days written notice of the inquiry.
(2) The notice must—
(a) be accompanied by a copy of the disciplinary notice given to the
architect; and
(b) state whether the board considers that any disciplinary ground no
longer applies, or has changed, because of any written response made by the
architect in accordance with the disciplinary notice and, if a ground has
changed, how the ground has changed; and
(c) explain that the inquiry may result in the taking of disciplinary
action against the architect; and
(d) tell the architect where and when the inquiry will be held.
Note If a form is approved under s 91 for a notice, the form must be
used.
(1) The architects board may decide any procedure for an inquiry that is
not prescribed under this Act.
(2) The architects board may adjourn an inquiry.
(1) At an inquiry, the architects board—
(a) may take evidence on oath or affirmation; and
(b) must comply with the rules of natural justice; and
(c) is not bound by rules of evidence but may inform itself in the way it
considers appropriate.
(2) At an inquiry, the architect whose actions are being inquired into may
call witnesses.
52 Legal
representation at inquiry
(1) An architect may be represented at an inquiry by a lawyer who may
examine witnesses and address the registrar on behalf of the
architect.
(2) The architects board may appoint a lawyer to examine witnesses in an
inquiry and advise the board in relation to the inquiry.
53 Board
may require appearance, information or documents
(1) For an inquiry, the architects board may, in writing, require a person
to appear before the inquiry on a stated date—
(a) to give evidence; or
(b) to give evidence and produce a document or thing in the possession,
custody or control of the person; or
(c) to produce a document or thing in the possession, custody or control
of the person.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
(2) The architects board may give a party to the inquiry leave, subject to
any condition, to—
(a) inspect a document or thing produced under this section; and
(b) make copies of, or take extracts from, a produced document for the
inquiry.
(3) A person is taken to have complied with a requirement under subsection
(1) (c) if the person gives the document or thing to the architects board before
the date stated in the requirement.
(4) The architects board may set aside a requirement under
subsection (1).
(5) A person commits an offence if the person fails to comply with a
requirement made of the person under this section.
Maximum penalty: 50 penalty units.
(6) An offence against this section is a strict liability
offence.
54 Confidentiality
and client communications
(1) This section applies if—
(a) an architect is required to give confidential information to the
architects board for an inquiry in relation to the architect; or
(b) the architect believes on reasonable grounds that it is necessary to
give confidential information to the board to explain an act or omission of the
architect.
(2) The architect is not civilly liable for giving the information to the
architects board.
(3) In this section:
confidential information, in relation to an architect, means
information given to the architect by a client in confidence.
(1) A requirement under section 53 (1) (a) or (b) must be accompanied
by—
(a) an undertaking to appear to be signed by the person and returned to
the architects board by the stated date; and
(b) a form to be completed by the person to claim the reasonable costs and
expenses of attendance at the inquiry.
(2) A person is not entitled to refuse to comply with the requirement only
because the requirement was not accompanied by the form.
56 Individual
not registered or nominee for pt 6
For this part—
(a) an individual is taken not to be registered if the individual’s
registration is suspended; and
(b) an individual is taken not to be a nominee if the individual’s
registration is suspended.
57 Individual
pretending to be registered
(1) An individual must not pretend to be registered.
Maximum penalty: 100 penalty units.
Example of pretending to be
registered
using ‘architect’ or ‘registered architect’ on
letterhead, entry sign or other advertisement
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Subsection (1) does not apply to the use of a term prescribed under
the regulations.
58 Firm
offering architectural services without nominee
(1) A corporation must not offer an architectural service unless the
corporation has a nominee.
Maximum penalty: 100 penalty units.
(2) Each partner in a partnership commits an offence if—
(a) the partnership offers an architectural service; and
(b) the partnership does not have a nominee.
Maximum penalty: 100 penalty units.
(3) It is a defence to a prosecution for an offence for contravening
subsection (2) if the partner proves—
(a) that—
(i) the partner did not know that the partnership did not have a nominee;
and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other partners
in relation to the appointment of a nominee.
59 Unregistered
individual advertising
(1) An individual commits an offence if—
(a) the individual advertises that the individual provides, or will
provide, an architectural service; and
(b) the individual is not registered.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
60 Individual
advertising without details
(1) An individual commits an offence if—
(a) the individual advertises that the individual provides, or will
provide, an architectural service; and
(b) the individual does not include the following in the
advertisement:
(i) his or her name as recorded in the register;
(ii) his or her registration number.
Maximum penalty: 50 penalty units.
Example
An individual’s registered name is D&E Smith Architects. The
individual trades under the name ABC Architects. When advertising, the
individual must include the registered name in the advertisement to allow the
public to check the individual’s register entry.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) An offence against this section is a strict liability
offence.
61 Firm
advertising without details
(1) A corporation commits an offence if the corporation—
(a) advertises that it provides, or will provide, an architectural
service; and
(b) does not include the following in the advertisement:
(i) the name of the corporation’s primary nominee, as recorded in
the register;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(2) A partner commits an offence if the partnership—
(a) advertises that it provides, or will provide, an architectural
service; and
(b) does not include the following in the advertisement:
(i) the name of the partnership’s primary nominee as recorded in the
register;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(3) It is a defence to a prosecution for an offence for contravening
subsection (2) if the partner proves—
(a) that—
(i) the partner did not know that the partnership had not included the
information in the advertisement; and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other partners
in relation to the advertisement.
(4) An offence against this section is a strict liability
offence.
62 Firm’s
business correspondence without required details
(1) A corporation commits an offence if the corporation—
(a) provides, or advertises that it will provide, an architectural
service; and
(b) does not include the following in each item of written business
correspondence:
(i) the name of the corporation’s primary nominee, as recorded in
the register;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(2) A partner commits an offence if the partnership—
(a) provides, or advertises that it will provide, an architectural
service; and
(b) does not include the following in each item of written business
correspondence:
(i) the name of the partnership’s primary nominee, as recorded in
the register kept under this Act;
(ii) the primary nominee’s registration number.
Maximum penalty: 10 penalty units.
(3) It is a defence to a prosecution for an offence for contravening
subsection (2) if the partner proves—
(a) that—
(i) the partner did not know that the information was not included in the
business correspondence; and
(ii) reasonable precautions were taken and appropriate diligence was
exercised to avoid the contravention; or
(b) that the partner was not in a position to influence the other partners
in relation to the business correspondence.
(4) An offence against this section is a strict liability
offence.
63 Provision
of architectural services by third party
A person commits an offence if—
(a) the person offers an architectural service to be provided by someone
else; and
(b) the provider of the service is not a registered architect;
and
(c) the person is reckless about whether the provider is a registered
architect.
Maximum penalty: 100 penalty units.
Division
7.1 Establishment and functions of
board
64 Establishment
of board
(1) The Australian Capital Territory Architects Board (the
architects board) is established.
(2) The board—
(a) is a body corporate; and
(b) must have a seal.
(1) The architects board has the following functions:
(a) to register architects;
(b) to investigate complaints given to the board about registered people
and people who have been registered;
(c) to consider whether it is necessary to take disciplinary action
against registered people and people who have been registered and, if it is, to
take the necessary action;
(d) to consider and report to the Minister about issues referred to the
board by the Minister for advice;
(e) to advise the Minister in relation to the practice of architecture,
for example, about codes of professional conduct;
(f) to further a common and harmonious approach to the administration of
legislation about architects by cooperation with local jurisdictions;
(g) to accredit courses of study in architecture;
(h) to provide general advice to consumers about the professional conduct
and standards of competence expected of registered architects.
Example for par (f)
the board chairperson or registrar, or both, becoming a member of an
accreditation organisation for architects in local jurisdictions
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) The architects board may exercise any other function given to the
board under this Act or another Territory law.
Note A provision of a law that gives an entity (including a
person) a function also gives the entity powers necessary and convenient to
exercise the function (see Legislation Act, s 196 and dict, pt 1, def
entity).
66 Exercise
of board functions
(1) The architects board must exercise its functions independently,
impartially and in the public interest.
(2) This section is subject to section 68 (Board to comply with directions
under s 67).
67 Ministerial
directions to board
(1) The Minister may give a written direction to the architects board
about the exercise of the board’s functions if satisfied that it is in the
public interest to do so.
Examples of directions
1 direct the board to report on a particular issue within a particular
time
2 direct the board to follow a policy, standard or other instrument
applying to an administrative unit
3 direct the board to give the Minister a proposed professional conduct
code, or an amendment of a professional conduct code, relating to particular
behaviour (see s 87)
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) However, the Minister must not direct the board about any of the
following:
(a) whether to register or refuse to register a person;
(b) whether to renew or refuse to renew a person’s
registration;
(c) whether or not to cancel someone’s registration or take other
disciplinary action in relation them.
Example of direction not prevented by s
(2)
the Minister may have received complaints about a particular architect and
may direct the architects board to give the Minister information about any
action being taken in relation to the architect
(3) Before giving a direction, the Minister must—
(a) tell the architects board about the proposed direction; and
(b) give the board reasonable opportunity to comment on the proposed
direction; and
(c) consider any comment made by the board.
(4) A direction is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
68 Board
to comply with directions under s 67
The architects board must comply with a direction given under section
67.
Division
7.2 Board members
(1) The Board consists of the following members (the board
members):
(a) 1 member nominated in writing by a representative body;
(b) 1 member who is, or has recently been, an academic
architect;
(c) 1 member who is registered;
(d) 1 member who is a commercial lawyer;
(e) 1 member to represent community interests who is not
registered.
(2) The Minister must appoint the board members.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, pt 19.3.
Note 2 Certain Ministerial appointments require consultation with an
Assembly committee and are disallowable (see Legislation Act,
div 19.3.3).
(3) In this section:
academic architect means a person who teaches architecture at
an educational institution.
commercial lawyer means a lawyer with experience in either or
both of the following areas:
(a) consumer protection law;
(b) trade practices law.
representative body means an entity that has as a main
purpose the promotion of the interests of architects.
Note The board can still function with a vacancy in membership (see
Legislation Act, s 199 (5)).
70 Term
of board member appointments
An appointment must be for a term of not longer than 3 years.
Note A person may be reappointed to a position if the
person is eligible to be appointed to the position (see Legislation Act,
s 208 and dict, pt 1, def appoint).
71 Board
chairperson and deputy chairperson
(1) This section applies if there is no chairperson or no deputy
chairperson for the architects board.
(2) The board members must elect a member to be the board chairperson or
deputy chairperson .
(3) However, the board members must not elect a member to be the board
chairperson or deputy chairperson unless the member is registered.
(4) The board deputy chairperson acts in the position of board
chairperson—
(a) during all vacancies in the position; and
(b) during all periods when the board chairperson cannot for any reason
exercise the functions of the position.
Note The Legislation Act, div 19.3.2, deals with acting
appointments
72 Disclosure
of interests by board members
(1) A board member who has a relevant interest in an issue being
considered by the architects board or about to be considered by the board must,
as soon as practicable after the relevant facts have come to the board
member’s knowledge, disclose the nature of the interest at a board
meeting.
(2) The disclosure must be recorded in the board’s minutes and,
unless the board otherwise decides, the board member must not—
(a) be present when the board considers the issue; or
(b) take part in a decision of the board on the issue.
(3) Any other board member who also has a relevant interest in the issue
must not—
(a) be present when the board considers whether to make a decision under
subsection (2); or
(b) take part in the decision.
(4) In this section:
relevant interest, in an issue, means a direct or indirect
financial or other interest in the issue.
73 Ending
appointment of board member
(1) The Minister must end the appointment of a board member if the
Minister becomes aware that the member—
(a) has failed to comply with section 72 without reasonable excuse;
or
(b) has at any time been convicted, in Australia or elsewhere, of an
offence punishable by imprisonment for 1 year or longer.
(2) The Minister may end the appointment of a board
member—
(a) if the member is absent from 3 consecutive meetings of the board other
than on leave approved by the Minister; or
(b) if the Minister is satisfied that the member is no longer qualified to
be appointed to the member’s position; or
(c) for misbehaviour or physical or mental incapacity, if the incapacity
affects the exercise of the member’s functions; or
(d) if the member becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors, compounds with creditors or
makes an assignment of remuneration for the benefit of creditors.
Note A person’s appointment also ends if the person resigns
(see Legislation Act, s 210).
Division
7.3 Board
proceedings
74 Calling
board meetings
(1) The architects board meets at the times and places the board
chairperson decides.
(2) However, the architects board must meet at least 4 times each
year.
(3) The board chairperson must ensure that board members have reasonable
notice of meetings.
(1) The board chairperson presides at meetings of the architects
board.
(2) However, if the chairperson is absent from a meeting, the deputy
chairperson presides at the meeting.
(3) Business may be carried on at a board meeting only if—
(a) at least 3 board members are present, including at least
2 architects; and
(b) the board chairperson or deputy chairperson is present.
(4) A question arising at a meeting may be decided by a majority of the
votes of members present and voting.
(5) If the votes of the architects board on a question are equally
divided, the decision of the member presiding is the decision of the board on
the question.
(6) The board may decide its own procedure in relation to anything for
which a procedure is not provided under this Act.
(7) The board must keep minutes of its meetings.
Division
7.4 Board
committees
76 Establishment
of committees
The architects board may establish committees to help the board in the
exercise of its functions.
77 Exercise
of committee functions
(1) The architects board may decide—
(a) how a committee is to exercise its functions; and
(b) the procedure to be followed for meetings of the committee,
including—
(i) the calling of meetings; and
(ii) the number of committee members to be present at meetings (including
requirements that particular members be present); and
(iii) the committee member who is to preside at meetings; and
(iv) how questions arising at a meeting are to be decided; and
(v) the keeping of minutes of meetings.
(2) Subject to any decision of the architects board under subsection (1),
a committee may decide its own procedures.
78 Membership
of committees
(1) A committee consists of the people appointed by the architects
board.
Note 1 For the making of appointments (including acting
appointments), see Legislation Act, div 19.3.
Note 2 In particular, an appointment may be made by naming a person
or nominating the occupant of a position (see s 207).
(2) A committee may consist completely or partly of board
members.
79 Reimbursement
for committee members
(1) A committee member is not entitled to be paid for the exercise of the
member’s functions.
(2) However, the Territory must reimburse a committee member for expenses
reasonably incurred in the exercise of the member’s functions.
(3) This section does not apply to a committee member who is also a board
member.
Part
8 Protection and
information
For this part:
informed person means anyone who is, or has been, an
official.
official means—
(a) a member of the architects board; or
(b) the registrar; or
(c) anyone acting under the direction or authority of the board.
81 Protection
of participants and people reporting
(1) This section applies to a person who is or has been a complainant or
participant in a proceeding about a complaint.
(2) A proceeding does not lie against a person to whom this section
applies in relation to anything done, or omitted to be done, honestly in that
capacity.
82 Protection
of officials
(1) An official does not incur civil or criminal liability for an act or
omission done honestly and without negligence for this Act.
(2) A civil liability that would, apart from this section, attach to an
official, attaches instead to the Territory.
(1) In this section:
court includes any tribunal, authority or person with power
to require the production of documents or the answering of questions.
produce includes allow access to.
protected information means information about a person that
is disclosed to, or obtained by, an informed person because of the exercise of a
function under this Act.
(2) A person commits an offence if—
(a) the person is an informed person; and
(b) the person—
(i) makes a record of protected information; or
(ii) directly or indirectly, divulges or communicates protected
information to someone else; and
(c) the record is not made, or the information is not divulged or
communicated, in relation to the exercise of a function, as a protected person,
under this Act.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) Subsection (2) does not apply if the informed person makes the record,
or divulges or communicates the information, in relation to the exercise of a
function, as a protected person, under this Act or another Territory
law.
(4) Subsection (2) does not prevent an informed person from divulging or
communicating protected information—
(a) with the consent of the person from whom the information was obtained;
or
(b) to a person administering or enforcing a corresponding law of a local
jurisdiction; or
(c) to a law enforcement authority.
Note Corresponding law—see dict.
(5) An informed person need not divulge or communicate protected
information to a court, or produce a document containing protected information
to a court, unless it is necessary to do so for this Act or another
Act.
Part
9 Review of
decisions
The following decisions of the architects board are reviewable
decisions:
(a) refusing to register a person under section 9;
(b) registering a person under section 9 subject to a condition;
(c) deciding to remove a person’s name from the register under
section 19 (2) or section 20;
(d) refusing to approve a nominee’s resignation under section
28;
(e) refusing to approve the revocation of a nominee’s appointment
under section 29;
(f) taking disciplinary action against a person under section
46.
(1) Application may be made to the AAT for review of a reviewable
decision.
(2) If the architects board makes a reviewable decision, the board must
give a written notice of the decision to each person affected by the
decision.
(3) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal Act 1989,
section 25B (1).
(1) The architects board may—
(a) conduct an examination if it considers it appropriate to do so for
this Act; and
(b) if it decides to conduct an examination—appoint an examiner to
conduct the examination.
(2) The architects board may, in writing, determine—
(a) the fees to be paid to examiners; and
(b) the fees to be paid by candidates for examination.
(3) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
87 Code
of professional conduct
(1) The regulations may adopt, completely or partly, a code of
professional conduct (a professional conduct code) that sets out
guidelines to be followed by architects in their professional
practice.
(2) The regulations may adopt a professional conduct code with or without
amendment or modification.
Note The Minister may give the architects board directions about a
professional conduct code (see s 67).
88 Registered
architect to give evidence of insurance
(1) Before providing an architectural service to a person (the
client), a registered architect must give the client evidence of
what professional indemnity insurance the architect holds in relation to the
service to be provided.
(2) The registered architect may ask the client to sign an acknowledgment
that the client has been told about the architect’s professional indemnity
insurance.
(3) The acknowledgment must state the time and date it was
given.
Note If a form is approved under s 91 for an acknowledgment, the
form must be used.
(4) If the client signs the acknowledgment, the registered architect must
immediately give the client a copy of it.
(5) The architects board may assume that the client was not told about the
professional indemnity insurance the registered architect holds
if—
(a) a question arises whether the client was told about the
architect’s insurance; and
(b) an acknowledgment under this section is not produced; and
(c) it is not proved that the architect told the client about the
insurance.
(6) The registered architect is taken to have given evidence of what
insurance the architect holds before providing an architectural service to a
person if the architect advertised the insurance held at the time of providing
the services in a way likely to come to the attention of the client.
Example of advertising insurance
held
1 including details of insurance in the telephone directory, if the details
are correct at the time the service is provided
2 having details of insurance on the vehicle used to provide the service or
transport to the location to provide the service, if the details are correct at
the time the service is provided
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
89 Evidentiary
certificates
(1) The architects board may issue a certificate, signed by the
board—
(a) stating that on a date or during a period stated a named person was or
was not registered; and
(b) if the person was registered—including details of the
person’s registration.
(2) The architects board may issue a certificate, signed by the
board—
(a) stating that on a date or during a period stated, a named person was
or was not a nominee, or the primary nominee, for a firm; and
(b) if the person was a nominee—including details of the
person’s registration.
(3) A certificate under this section is evidence of the matters stated in
it.
(4) Unless the contrary is proved, a document that purports to be a
licence or certificate under this section is taken to be such a
document.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(1) The architects board may approve forms in relation to registration and
nominees for this Act.
(2) If the architects board approves a form for a particular purpose, the
approved form must be used for that purpose.
Note The Legislation Act contains provisions about forms (see s
255).
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
92 Regulation-making
power
(1) The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(2) The regulations may make provision in relation to who may be nominated
to be a board member and how the person may be nominated.
93 Meaning
of repealed Act for pt 11
In this part:
repealed Act means the Architects Act 1959
(repealed).
The following legislation is repealed:
• Architects Act 1959 A1959-3
• Architects (Board) Appointment 2001 DI2001-253
• Architects (Fees) Revocation and Determination 2003 (No 2)
DI2003-308.
95 Members
of architects board
(1) A member of the board under the repealed Act (the previous
member) is taken to be a member of the architects board until a member
of the architects board is appointed under this Act.
(2) However, the appointment of the previous member under
subsection (1) is taken to end 3 months after the day this section
commences.
96 Architects
registered under repealed Act
(1) A person who was registered under the repealed Act immediately before
its repeal is taken to be registered under this Act.
(2) The person’s registration under this Act ends on 30 June
2005.
(3) Any information about the person in the register under the repealed
Act must be included in the register under this Act.
(4) The registrar may ask the person for any information in relation to
the person that is required to be included in the register under this Act that
was not included in the register under the repealed Act.
Note A failure to comply with this section is a disciplinary
ground.
(5) To remove any doubt—
(a) this section applies whether or not the person had a practising
certificate under the repealed Act; and
(b) the person need not be eligible to be registered under this Act to be
registered under this section.
97 Suspended
registration
(1) This section applies if, immediately before the repeal of the repealed
Act, a person’s registration under that Act was suspended.
(2) The person’s registration under this Act is taken to be
suspended until the time the suspension would have ended if the repealed Act had
not been repealed.
98 Inquiry
under repealed Act
(1) This section applies if—
(a) an inquiry had been begun under the repealed Act; and
(b) immediately before the repeal of the repealed Act—
(i) the inquiry had not been finished; or
(ii) the inquiry had been finished but no action had been taken in
relation to the findings of the inquiry.
(2) The inquiry is taken to be, or have been, a disciplinary inquiry under
this Act, division 5.2.
(3) The inquiry is not affected only because something required to be done
in relation to the inquiry under this Act was not required to be done under the
repealed Act.
99 Disciplinary
grounds for s 42
In section 42:
this Act, in relation to a contravention, includes the
repealed Act.
100 Appeals
under repealed Act
(1) This section applies to a decision made under the repealed Act if,
immediately before the repeal, the time for appealing against the decision had
not ended.
(2) A person entitled to appeal against the decision under the repealed
Act may appeal against the decision to the Supreme Court until the time for
appeal under the repealed Act would have ended if that Act had not been
repealed.
(1) The provisions set out in schedule 1 are taken, on the
commencement of this section, to be regulations made under this Act, section 92
(Regulation-making power).
(2) To remove any doubt and without limiting subsection (1), the
provisions set out in schedule 1 may be amended or repealed as if they had
been made as regulations by the Executive under this Act, section 92.
(3) To remove any doubt, the regulations mentioned in subsection (1) are
taken—
(a) to have been notified under the Legislation Act on the day this Act is
notified; and
(b) to commence on the day this Act commences; and
(c) not to be required to be presented to the Legislative Assembly under
the Legislation Act, section 64 (1).
(4) Subsections (1), (2) and (3) are laws to which the Legislation Act,
section 88 (Repeal does not end effect of transitional laws etc)
applies.
(5) This section expires on the day it commences.
102 Transitional
regulations
(1) The regulations may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) The regulations may modify the operation of this Act to make provision
in relation to anything that, in the Executive’s opinion, is not, or not
adequately, dealt with in this part.
103 Building
and Construction Industry Training Levy Regulations 2001, regulation 3 (1)
(b)
substitute
(b) an architect registered under the Architects Act 2004 or a
corresponding State law; or
Note State is defined in the Legislation Act, dict, pt
1.
This part expires on 30 June 2005.
Schedule
1 New
regulations
(see s 101)
Australian Capital
Territory
Architects Regulations
2004
Subordinate Law SL2004-
made under the
Architects Act 2004
Part 1 Preliminary
1 Name of regulations
These regulations are the Architects Regulations 2004.
2 Dictionary
The dictionary at the end of these regulations is part of these
regulations.
Note 1 The dictionary at the end of these regulations defines
certain terms used in this Act.
Note 2 A definition in the dictionary applies to the entire
regulations unless the definition, or another provision of the regulations,
provides otherwise or the contrary intention otherwise appears (see Legislation
Act, s 155 and s 156 (1)).
3 Notes
A note included in these regulations is explanatory and is not part of
these regulations.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal
status of notes.
Part 2 Registration
4 Prescribed qualifications for
registration—Act, s 8 (2) (a) (i)
A qualification mentioned in schedule 1 is prescribed.
5 Details in register—Act, s 11
(2)
The following details are prescribed in relation to a registered
architect:
(a) full name;
(b) business phone and fax number and email address (if any);
(c) business address;
(d) if the architect’s registration is conditional—each
condition on the registration;
(e) details of any suspension of registration;
(f) details of any cancellation of registration;
(g) details of any disqualification from being registered;
(h) if the architect is, or has been, a nominee—
(i) the name of each firm for which the architect is or was a
nominee;
(ii) whether the architect is or was the primary nominee or not;
(iii) the date when the architect became the nominee;
(iv) the date (if any) when the architect stopped being the
nominee.
6 Use of terms not pretending registration—s 57
(2)
The Act, section 57 (1), does not apply to the use of the following
terms:
(a) landscape architect;
(b) naval architect;
(c) computer systems architect.
7 Use of architectural—Act, s 57
(2)
(1) The Act, section 57 (1) does not apply to the use of the term
architectural by a person who carries on a business that supplies
goods in relation to architecture to indicate that the person carries on that
business.
(2) The Act, section 57 (1) does not apply to the use of the following
terms by an employee of a registered architect to describe the
employee:
(a) architectural assistant;
(b) architectural technician;
(c) architectural drafter.
8 Use of architect and registered
architect—Act, s 57 (2)
(1) The Act, section 57 (1) does not apply to the use of the terms
architect and registered architect by an interstate
architect if—
(a) the use of the term is accompanied by something that indicates the
local jurisdiction where the architect is registered; and
(b) before the use, the architect told the architects board in writing
that the architect would be using the term in the ACT.
(2) In this regulation:
interstate architect means an architect who—
(a) is registered (however described) in a local jurisdiction;
and
(b) is normally resident in that jurisdiction.
9 Use of term describing architectural
qualification—Act, s 57 (2)
The Act, section 57 (1) does not apply to the use by a person of a term
describing an architectural qualification held by the person.
10 Nominations for architects board
member
(1) Within the prescribed period for the appointment of an architects
board member, the registrar must publish a notice in a daily ACT
newspaper—
(a) asking for registered people to nominate themselves for appointment as
an architects board member (a new member); and
(b) stating that only registered people may nominate; and
(c) stating the date for close of nominations (the close
date);
(d) stating the information required for nomination.
(2) The date stated for close of nominations must be not less than
2 weeks after the day the notice is published.
(3) A nomination must—
(a) be in writing, signed by the nominee; and
(b) include the following:
(i) the nominee’s contact details;
(ii) the nominee’s registration number;
(iii) a brief description of the nominee’s experience as a
registered architect in the ACT.
(4) The registrar must tell each nominee whether his or her nomination was
received before the close date as soon as practicable after receiving the
nomination.
(5) The Minister must tell each nominee whose nomination was received
before the close date in writing about the appointment of the new
member.
(6) In this regulation:
prescribed period, for the appointment of an architects board
member, means the period starting 7 months before the day the term of the
architects board member’s appointment ends and ending 6 months before that
day.
Schedule 1 Prescribed
qualifications
(see reg 4)
column 1
item
|
column 2
issuing institution
|
column 3
name of higher education
award
|
1
|
University of Canberra
|
Bachelor of Architecture
|
2
|
University of Sydney
|
Bachelor of Architecture
|
3
|
University of New South Wales
|
Bachelor Architecture
|
4
|
University of Technology, Sydney
|
Bachelor of Architecture
Diploma of Technology (Architecture)
|
5
|
University of Newcastle
|
Bachelor of Architecture
|
6
|
Queensland University
|
Bachelor of Architecture
Master of Architectural Studies
|
7
|
Queensland University of Technology General Practice Stream
|
Bachelor of Architecture
Graduate Diploma of Architecture
Diploma of Architecture
|
8
|
University of Adelaide
|
Bachelor of Architecture
|
9
|
University of South Australia
|
Bachelor of Architecture
Diploma of Technology (Architecture)
|
10
|
University of Tasmania
|
Bachelor of Architecture
Graduate Diploma of Architecture
Diploma of Architecture
|
11
|
University of Melbourne
|
Bachelor of Architecture
Master of Architecture (Coursework) - Option C
|
12
|
Royal Melbourne Institute of Technology
|
Bachelor of Architecture
Associate Diploma in Architecture
Fellowship Diploma in Architecture
|
13
|
Deakin University
|
Bachelor of Architecture
Master of Architecture (Practice)
|
14
|
University of Western Australia
|
Bachelor of Architecture
|
15
|
Curtin University of Technology or West Australian Institute of
Technology
|
Bachelor of Architecture
Associate in Architecture
|
Dictionary
(see reg 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• in relation to
• month
• under.
Note 3 Terms used in these regulations have the same meaning that
they have in the Architects Act 2004 (see Legislation Act, s 148). For
example, the following terms are defined in the Architects Act 2004,
dict:
• daily ACT newspaper
• local jurisdiction
• registered.
architects board member means a board member mentioned in the
Act, section 69 (1) (c).
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• disallowable instrument (see s 9)
• function
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• under.
architect—
(a) for part 4 (Complaints)—see section 33.
(b) for part 5 (Disciplinary matters)—see section 41.
architectural service—see section 7.
architects board—see section 64.
board members—see section 69 (1).
corresponding law means any law of a local jurisdiction that
regulates architects in the jurisdiction.
daily ACT newspaper means a newspaper published and
circulating in the ACT.
disciplinary ground—see section 42 (1).
disciplinary notice—see section 44.
firm means a corporation or partnership.
informed person, for part 8 (Protection and
information)—see section 80.
local jurisdiction means the Commonwealth, a State or New
Zealand.
local registering authority means the entity responsible for
regulating the architect profession under a corresponding law.
mandatory requirement, for division 3.3 (Nominees)—see
section 21.
official, for part 8 (Protection and information)—see
section 80.
registered means a person registered under this
Act.
register means the register kept under this Act.
registrar means the registrar appointed under section
13.
registration number, for a person, means a unique identifying
number given to the person on registration.
reviewable decision—see section 84.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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