Victorian Numbered Acts

PROFESSIONAL ENGINEERS REGISTRATION ACT 2019 (NO. 26 OF 2019)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      What are areas of engineering?  
   5.      Extraterritorial application of Act  
   6.      Functions of the Business Licensing Authority  
   7.      Functions of the Director  
   8.      Functions of the Victorian Building Authority  
   9.      Delegation  

   PART 2--REGISTRATION OF ENGINEERS

           Division 1--Procedure for obtaining registration and endorsement

   10.     Application for registration  
   11.     Application for endorsement  
   12.     Registration  
   13.     When a person is a fit and proper person  
   14.     Endorsement  
   15.     Referral of endorsement applications to Victorian Building Authority  
   16.     Business Licensing Authority may conduct inquiries and require further information  
   17.     Certificates of registration  
   18.     Conditions on registration or endorsement  
   19.     Period of registration or endorsement  
   20.     Renewal of registration  
   21.     Annual endorsement fee and statement  
   22.     Surrender of registration or endorsement  
   23.     Suspension of endorsement  
   24.     Change to registered information  
   25.     Return of certificates of registration  

           Division 2--Review of registration decisions

   26.     Definitions  
   27.     Application for review by VCAT of reviewable decision  

           Division 3--The Register

   28.     The Register  
   29.     Publication of information  

           Division 4--Codes of conduct

   30.     Director may approve codes of conduct for registered professional engineers  
   31.     Codes of conduct prepared by Director or industry  
   32.     Publication of codes of conduct  
   33.     Engineers must comply with approved codes of conduct  

   PART 3--ASSESSMENT SCHEMES

           Division 1--Approval of assessment schemes

   34.     Suitability of assessment schemes for approval  
   35.     Application for approval of an assessment scheme  
   36.     Application for renewal of approval of an assessment scheme  
   37.     Application for variation to an approved assessment scheme  
   38.     Notification of change of details of assessment entity  
   39.     Further information or document to support application  
   40.     Decision on application  
   41.     Notice of decision  
   42.     Grant of application with conditions  
   43.     Refusal of application  
   44.     Period of approval  
   45.     Approval continues pending decision about renewal  
   46.     Surrender of approval  
   47.     Grounds for cancellation or suspension of approval  

           Division 2--Show cause process

   48.     Show cause notice for assessment entities  
   49.     Representations about show cause notice  
   50.     Ending show cause process without further action  
   51.     Cancelling or suspending after show cause process  

           Division 3--Review by VCAT

   52.     Application for review by VCAT of refusal to grant application  
   53.     Record of assessment entities  

   PART 4--DISCIPLINARY PROCEEDINGS IN RELATION TO REGISTERED PROFESSIONAL ENGINEERS

           Division 1--Preliminary

   54.     Application of Part  
   55.     Grounds for disciplinary action  

           Division 2--Show cause process

   56.     Show cause process for registered professional engineers  
   57.     Representations about show cause notice  
   58.     Decision about whether to take disciplinary action  
   59.     Ending show cause process without further action  

           Division 3--VCAT may conduct disciplinary proceedings

   60.     VCAT may conduct disciplinary proceeding  
   61.     Continuation of particular proceeding  
   62.     Orders relating to registered professional engineer  
   63.     Orders relating to former registered professional engineer  
   64.     Consequences of suspension of registration  
   65.     Effect of particular orders  
   66.     Recording details of orders  

   PART 5--OFFENCES

   67.     Offence to provide professional engineering services without registration  
   68.     Offence to hold out to be registered or endorsed without registration  
   69.     Offence to provide false or misleading information  

   PART 6--ENFORCEMENT

           Division 1--Preliminary

   70.     Inspector must produce identity card  

           Division 2--Inspection of documents and records

   71.     Documents to be available for inspection  
   72.     Powers on production of documents  
   73.     Where must documents be produced?  
   74.     Third parties to produce documents and answer questions relating to professional engineering services  
   75.     Specified public bodies to answer questions and supply information  
   76.     Certain other specified persons or bodies to answer questions and supply information  
   77.     Specified persons to answer questions and supply information  
   78.     Service of documents  

           Division 3--Entry, search and seizure

   79.     Entry or search with consent  
   80.     Entry without consent or warrant  
   81.     Use or seizure of electronic equipment at premises  
   82.     Search warrants  
   83.     Form and content of search warrants  
   84.     Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device  
   85.     Announcement before entry  
   86.     Seizure of things not mentioned in the warrant  
   87.     Embargo notice  
   88.     Inspector may monitor compliance with embargo notice  
   89.     Search warrants in relation to embargo notice  
   90.     Retention and return of seized documents or things  
   91.     Magistrates' Court may extend 3-month period  
   92.     Requirement to assist inspector during entry  
   93.     Protection against self-incrimination  
   94.     Refusal or failure to comply with requirement  
   95.     Confidentiality  
   96.     Infringements  
   97.     Complaints  

   PART 7--GENERAL

   98.     Application of Australian Consumer Law and Fair Trading Act 2012  
   99.     Who may commence proceedings?  
   100.    Service of documents  
   101.    Extension of time for prosecutions  
   102.    Review of operation of Act  
   103.    Regulations  
   104.     Transitional regulations  
   105.     Certain provisions of the Subordinate Legislation Act 1994 not to apply  

   PART 8--SAVINGS, CONSEQUENTIAL AND TRANSITIONAL PROVISIONS

           Division 1--Transitional provisions

   106.    Definitions  
   107.    Certain building practitioners deemed to be endorsed building engineers until registration expires  

           Division 2--Amendments to the Business Licensing Authority Act 1998

   108.    Definitions  
   109.    Constitution of Authority  
   110.    Functions of Authority  
   111.    Consultants  

           Division 3--Amendments to the Building Act 1993

   112.    Definitions  
   113.    Offences relating to carrying out building work  
   114.    Specification of builders in relation to specific building work  
   115.    Notice of ending of engagement of builder  
   116.    Notice to relevant building surveyor of subsequent engagement of builder  
   117.    Suspension of building permit  
   118.    Immunity for Commissioners and staff  
   119.    Immunity for building surveyor relying on certificate  
   120.    Order requiring insurance  
   121.    Offence to work as building practitioner without required insurance  
   122.    Offence to claim to be insured when uninsured  
   123.    Offence for owner-builder to sell building without report or insurance  
   124.    New section 169K inserted  
   125.    Registered building practitioner to produce certificate of registration for inspection  
   126.    New section 177E inserted  
   127.    Grounds for disciplinary action  
   128.    New section 184A inserted  
   129.    Grounds on which disciplinary action may be taken  
   130.    Building surveyor may rely on certificate by other registered building practitioner  

           Division 4--Amendments to the Domestic Building Contracts Act 1995

   131.    Building work to which this Act does not apply  
   132.    What is a domestic building work dispute?  
   133.    Who may be appointed as an assessor?  
   134.    What is a domestic building dispute?  

           Division 5--Amendments to the Australian Consumer Law and Fair Trading Act 2012

   135.    Definitions  
   136.    Effect of suspension  
   137.    Schedule 1 to the Australian Consumer Law and Fair Trading Act 2012  

           Division 6--Repeal of amending Divisions

   138.    Repeal of amending Divisions  
           ENDNOTES