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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Architects Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Objects of Act 2
4. Terms used in this Act 2
Part 2 -- The Architects Board
Division 1 -- Establishment of Board
5. Board established 5
6. Board not an agent of the Crown 5
Division 2 -- The Board
7. Membership of Board 5
8. Constitution and proceedings 6
9. Remuneration and allowances 6
Division 3 -- Functions and powers
10. Functions 6
11. Powers 7
12. Powers of investigation and investigator 8
13. Incriminating information, questions, or documents 10
14. Failure to comply with investigation 11
15. Obstruction of investigator 12
16. Delegation 12
Division 4 -- Registrar and other staff
17. Registrar 13
18. Other staff and contractors 13
19. Use of government staff etc. 13
241--2 page i
Architects Bill 2003
Contents
Division 5 -- Relationship of Board with the
Minister
20. Minister may give directions 14
21. Minister to have access to information 15
Division 6 -- General
22. Protection from liability 16
23. Common seal of, and execution of documents by, the
Board 16
24. Duty not to make improper use of information 17
Part 3 -- Finance and reports
25. Funds of Board 18
26. Accounts 18
27. Audit 18
28. Annual report and other reports 19
Part 4 -- Registration and licensing of
architects
Division 1 -- Registration, licensing and renewal
29. Registration of natural persons 21
30. Conditions on registration or renewal of registration 21
31. Licensing of corporations 21
32. Conditions on grant of licences or renewal of licences 22
33. Applications for registration and licences 22
34. Effect of registration and licensing 23
35. Duration of registration and licences 23
36. Renewal of registration and licences 24
37. Fees for renewal of registrations and licences 25
38. Certificates of registration 26
39. Licence documents 27
40. Suspension or cancellation of licences 28
41. Suspension of registration or licence: effect 29
42. Surrender of certificates of registration, licence
documents 29
Division 2 -- The register
43. The register 30
44. Inspection and publication of register 31
45. Amendment of particulars 31
46. Amendment to ensure accuracy 32
page ii
Architects Bill 2003
Contents
47. Voluntary removal from register 32
48. Removal of names of deceased persons and defunct
corporations 32
49. Removal of name of person without up to date skills
who has not practised for 5 years or who has lost
qualifications 33
50. Effect of removal of name from register 33
51. Restoration of name to register 33
Division 3 -- Notifications to Board
52. Change of address 34
53. Loss of qualifications 35
54. Information about insurance 35
55. Corporations: advice as to intention to amend
constitution etc. 35
Part 5 -- Disciplinary proceedings
Division 1 -- Disciplinary action
56. Causes for disciplinary action 36
57. Taking disciplinary action 37
58. Failure to comply with disciplinary action 38
Division 2 -- Conciliation
59. Conciliation process 39
60. Action if conciliation fails 40
Part 6 -- Notifications and review
61. Notice of decisions to affected persons 41
62. Publication and records 41
63. Review 42
Part 7 -- Offences
64. False descriptions; pretending to be an architect 43
65. Name in which practice may be carried on; use of
names 43
66. Making or publishing certain statements or documents 44
67. Falsely representing that work will be done by an
architect 44
68. Certain conduct not in breach of this Act 46
69. False or misleading information 47
70. False representations 48
page iii
Architects Bill 2003
Contents
Part 8 -- Regulations and rules
71. Regulations 49
72. Rules 50
Part 9 -- Miscellaneous
73. Recovery of fees 52
74. Evidentiary 52
75. Legal proceedings 52
76. Liability of certain officers of body corporate:
offences 53
77. Liability of partners: offences 54
78. Repeal of Architects Act 1921, savings and
transitional provisions 55
79. Consequential amendments to the Constitution Acts
Amendment Act 1899 55
80. Consequential amendment to the Sentencing Act 1995 56
81. Review of Act 56
Schedule 1 -- Constitution and
proceedings of the Board 57
Division 1 -- General provisions 57
1. Terms of office of Board members 57
2. Vacancy in the office of an elected member 57
3. Resignation, removal etc. 57
4. Chairperson and deputy chairperson 58
5. Leave of absence 59
6. Board member temporarily unable to act 59
7. Saving 59
8. Calling of meetings 60
9. Presiding officer 60
10. General procedures 60
11. Quorum 60
12. Voting 60
13. Minutes 61
14. Resolution without meeting 61
15. Holding meetings remotely 61
16. Committees of the Board 61
Division 2 -- Disclosure of interests, etc. 61
17. Meaning of "member" 61
page iv
Architects Bill 2003
Contents
18. Disclosure of interests 62
19. Voting by interested members 62
20. Clause 19 may be declared inapplicable 62
21. Quorum where clause 19 applies 63
22. Minister may declare clauses 19 and 21 inapplicable 63
Schedule 2 -- Savings and transitional
provisions 64
1. Terms used in this Schedule 64
2. Interpretation Act 1984 not affected 64
3. Board (body corporate) continues 64
4. Membership of new Board 65
5. Registrar and other staff 66
6. Persons registered under repealed Act 66
7. Register 67
8. Certificates under repealed Act 67
9. Transitional provision as to applications for
registration 67
10. First annual report 68
11. Powers in relation to transitional provisions 68
Defined Terms
page v
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Architects Bill 2003
A Bill for
An Act --
• to provide for the registration of natural persons, and the
licensing of corporations, as architects;
• to provide for the regulation of the practice of architecture by
those persons;
• to repeal the Architects Act 1921;
• to consequentially amend the Constitution Acts Amendment
Act 1899 and the Sentencing Act 1995,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Architects Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Architects Act 2003.
2. Commencement
5 (1) Subject to subsection (2), this Act comes into operation on a day
fixed by proclamation.
(2) This Act is not to come into operation before the State
Administrative Tribunal (Conferral of Jurisdiction) Amendment
and Repeal Act 2003 Part 2 Division 8 has come into operation.
10 3. Objects of Act
The objects of this Act are --
(a) to ensure that only properly qualified and competent
persons are identified as architects or as persons who
practise architecture and to regulate the practice of
15 architecture by those persons; and
(b) to establish, maintain and promote suitable standards of
knowledge and skills among architects,
for the purpose of protecting the consumers of architectural and
related services in Western Australia.
20 4. Terms used in this Act
(1) In this Act, unless the contrary intention appears --
"Board" means the Architects Board of Western Australia
established under section 5;
"certificate of registration" means a certificate of registration
25 issued under section 38;
"committee" means a committee of the Board appointed under
Schedule 1 clause 16;
"condition" includes restriction;
page 2
Architects Bill 2003
Preliminary Part 1
s. 4
"corporation" means --
(a) a company as defined in the Corporations Act; or
(b) any other body corporate, or body corporate of a
kind, prescribed by the regulations;
5 "Corporations Act" means the Corporations Act 2001 of the
Commonwealth;
"disciplinary action" means action that can be the subject of an
order under section 57(2);
"firm" means an unincorporated body of persons, whether
10 consisting of natural persons or corporations or partly of
natural persons and partly of corporations;
"licence" means a licence granted under Part 4;
"licence document" means a licence document issued under
section 39;
15 "licensed" means licensed under Part 4;
"officer", in relation to a body corporate, has the meaning given
to "officer of a corporation" in the Corporations Act but
does not include an employee of the body corporate unless
the employee is concerned in the management of the body
20 corporate;
"public company" has the meaning given to that term in the
Corporations Act;
"register" means the register referred to in section 43;
"registered" means registered under Part 4;
25 "registrar" means the person appointed to be registrar under
section 17;
"regulations" means regulations made under section 71;
"restricted word" means --
(a) "architect", "architects", "architectural" or
30 "architecture";
(b) any abbreviation or derivative of a word in
paragraph (a); or
page 3
Architects Bill 2003
Part 1 Preliminary
s. 4
(c) any other word or combination of letters that sounds
or looks like a word in paragraph (a).
(2) Notes in this Act are provided to assist understanding and do not
form part of the Act.
page 4
Architects Bill 2003
The Architects Board Part 2
Establishment of Board Division 1
s. 5
Part 2 -- The Architects Board
Division 1 -- Establishment of Board
5. Board established
(1) The Architects Board of Western Australia is established.
5 (2) The Board --
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
6. Board not an agent of the Crown
10 The Board does not represent, and is not an agent of, the Crown.
Division 2 -- The Board
7. Membership of Board
(1) The Board consists of 10 natural persons, of whom --
(a) 4 persons are to be appointed by the Minister as persons
15 having knowledge of, and experience in representing,
community or consumer interests;
(b) 2 are to be appointed by the Minister, on the
nominations of bodies that are prescribed by the
regulations, as persons having knowledge of, and
20 experience in, matters relating to the profession or
practice of architecture; and
(c) 4 are to be registered persons who are elected by
registered persons in accordance with the regulations.
(2) Each body prescribed for the purposes of subsection (1)(b) is to
25 provide to the Minister at least 2 nominations from which the
Minister is to choose the persons to be appointed under
subsection (1)(b).
page 5
Architects Bill 2003
Part 2 The Architects Board
Division 3 Functions and powers
s. 8
(3) If, within 30 days of being requested in writing to do so, a body
referred to in subsection (2) has not provided at least
2 nominations, the Minister is to make the appointments from
nominations of the other bodies.
5 (4) If, within 30 days of being requested in writing to do so, none of
the bodies referred to in subsection (2) has provided at least
2 nominations, the Minister is to make the appointments at the
Minister's discretion and the persons so appointed are to be
regarded as having been nominated under subsection (1)(b).
10 (5) A registered person is not eligible for election under
subsection (1)(c) unless --
(a) the person belongs to a category of registered persons
who are required to pay fees for registration and renewal
of registration; and
15 (b) the person is not in arrears in respect of those fees.
8. Constitution and proceedings
Schedule 1 has effect with respect to the Board and members of
the Board and its committees.
9. Remuneration and allowances
20 Any remuneration or allowances of a member of the Board or of
a committee are to be those determined by the Minister on the
recommendation of the Minister for Public Sector Management.
Division 3 -- Functions and powers
10. Functions
25 The functions of the Board are as follows --
(a) to administer the scheme of registration and licensing
under Part 4;
(b) to monitor education in architecture, and provide advice
on that education to the Minister and to any other person
30 or body involved in that education;
page 6
Architects Bill 2003
The Architects Board Part 2
Functions and powers Division 3
s. 11
(c) to accredit architectural education courses for the
purposes of registration requirements;
(d) to promote and encourage --
(i) the continuing education of architects in relation
5 to the practice of architecture; and
(ii) increased levels of knowledge, skill and
competence in the practice of architecture;
(e) to perform the other functions that are conferred on the
Board by or under this Act or any other Act;
10 (f) to promote public awareness in relation to the functions
of the Board;
(g) to advise the Minister on matters to which this Act
applies.
11. Powers
15 (1) The Board has all the powers it needs to perform its functions.
(2) The Board may not acquire, hold or dispose of real property
other than premises used, or to be used, by it as office premises.
(3) Without limiting subsection (1), the Board may, for the purpose
of performing a function --
20 (a) produce and publish information on matters related to
the practice of architecture and the education of
architects; and
(b) develop and turn to account any technology, software or
other intellectual property that relates to that function,
25 and, for that purpose, apply for, hold, exploit and
dispose of any patent, patent rights, copyright or similar
rights.
page 7
Architects Bill 2003
Part 2 The Architects Board
Division 3 Functions and powers
s. 12
12. Powers of investigation and investigator
(1) The Board may carry out any investigation that the Board
considers necessary or expedient for the purposes of --
(a) determining any application or any other matter before
5 the Board;
(b) determining whether or not a registered person or a
licensed corporation is or has been acting in conformity
with the conditions, if any, of the registration or licence
and is or has been complying with the requirements of
10 this Act;
(c) determining whether any other cause exists that might
be considered by the Board a proper cause for
disciplinary action;
(d) detecting offences under this Act.
15 (2) The Board is not to investigate a complaint that is made more
than 3 years after the conduct is alleged to have occurred, unless
the Board decides that --
(a) it is just and fair to investigate the complaint having
regard to the delay and the reasons for the delay; or
20 (b) it is in the public interest to investigate the complaint.
(3) The Board may appoint an investigator to investigate a matter
and report to the Board.
(4) The investigator may --
(a) require any person --
25 (i) to give the investigator such information as the
investigator requires; and
(ii) to answer any question put to the person,
in relation to any matter the subject of the investigation;
(b) require any person to produce any document to the
30 investigator;
page 8
Architects Bill 2003
The Architects Board Part 2
Functions and powers Division 3
s. 12
(c) enter at all reasonable times and search any premises
and inspect any documents that the investigator finds on
the premises; and
(d) make a copy or abstract of any document produced or
5 inspected under this section, or of any entry made in the
document.
(5) A requirement made under subsection (4)(a) --
(a) may be made orally or by notice in writing served on the
person required to give information or answer a
10 question, as the case may be;
(b) is to specify the time at or within which the information
is to be given or the question is to be answered, as the
case may be; and
(c) may, by its terms, require that the information or answer
15 required --
(i) be given orally or in writing;
(ii) be given at or sent or delivered to any place
specified in the requirement;
(iii) in the case of written information or answers, be
20 sent or delivered by any means specified in the
requirement; and
(iv) be given on oath or affirmation or by statutory
declaration for which purpose the investigator
may administer an oath or affirmation and have
25 the authority of a commissioner for declarations.
(6) A requirement made under subsection (4)(b) --
(a) is to be made by notice in writing served on the person
required to produce a document;
(b) is to specify the time at or within which the document is
30 to be produced; and
(c) may, by its terms, require that the document be
produced --
(i) at any place specified in the requirement; and
page 9
Architects Bill 2003
Part 2 The Architects Board
Division 3 Functions and powers
s. 13
(ii) by any means specified in the requirement.
(7) Where under subsection (4)(a) an investigator orally requires a
person to give any information or answer any question, the
investigator is to inform that person that the person is required
5 under this Act to give the information or answer the question, as
the case may be.
(8) Where under subsection (4)(a) or (b) a person is required by
notice in writing to give any information, answer any question,
or produce any document, the notice is to state that he or she is
10 required under this Act to give the information, answer the
question, or produce the document, as the case may be.
(9) Before entering any premises under this section the
investigator --
(a) is to obtain a warrant to do so from a magistrate or
15 Justice of the Peace which warrant the magistrate or
Justice of the Peace is authorised to issue upon being
satisfied that the entry is sought in good faith for the
purpose of an investigation under this section; and
(b) is to display to the person, if any, giving the investigator
20 entry, a document signed by the Board and certifying
that he or she is an investigator appointed by the Board.
13. Incriminating information, questions, or documents
Without prejudice to the provisions of the Evidence Act 1906
section 11, where under section 12 of this Act a person is
25 required to --
(a) give any information;
(b) answer any question; or
(c) produce any document,
the person must not refuse to comply with that requirement on
30 the ground that the information, answer, or document may tend
to incriminate the person or render the person liable to any
penalty, but the information or answer given, or document
page 10
Architects Bill 2003
The Architects Board Part 2
Functions and powers Division 3
s. 14
produced, by the person is not admissible in evidence in any
proceedings against the person other than proceedings in respect
of an offence under section 14(1)(b).
14. Failure to comply with investigation
5 (1) Where under section 12 a person is required to give any
information, answer any question, or produce any document and
that person, without reasonable excuse (proof of which shall lie
on that person) --
(a) fails to give that information or answer that question at
10 or within the time specified in the requirement;
(b) gives any information or answer that is false in any
particular; or
(c) fails to produce that document at or within the time
specified in the requirement,
15 the person commits an offence.
Penalty: $2 000.
(2) It is a defence in any proceeding for an offence under
subsection (1)(a) or (c) for the defendant to show --
(a) that, in the case of an alleged offence arising out of a
20 requirement made orally under section 12, the
investigator did not, when making the requirement,
inform the defendant that the defendant was required
under this Act to give the information or answer the
question, as the case may be;
25 (b) that, in the case of an alleged offence arising out of a
requirement made by notice in writing under section 12,
the notice did not state that the defendant was required
under this Act to give the information, answer the
question, or produce the document, as the case may be;
30 (c) that the time specified in the requirement did not afford
the defendant sufficient notice to enable the defendant to
comply with the requirement; or
page 11
Architects Bill 2003
Part 2 The Architects Board
Division 3 Functions and powers
s. 15
(d) that, in any case, the investigator did not, before making
the requirement, have reasonable grounds to believe that
compliance with the requirement would materially assist
in the investigation.
5 15. Obstruction of investigator
A person must not prevent or attempt to prevent an investigator
from entering premises or otherwise obstruct or impede an
investigator in the exercise of his or her powers under
section 12.
10 Penalty: $2 000.
16. Delegation
(1) The Board may delegate any power or duty of the Board under
another provision of this Act to --
(a) a member of the Board;
15 (b) a committee;
(c) the Registrar or any other member of staff of the Board;
or
(d) a person referred to in section 19(1).
(2) The delegation must be in writing executed by the Board.
20 (3) A person or committee to whom a power or duty is delegated
under this section cannot delegate that power or duty.
(4) A person or committee exercising or performing a power or
duty that has been delegated to the person or committee under
this section, is to be taken to do so in accordance with the terms
25 of the delegation unless the contrary is shown.
(5) Nothing in this section limits the ability of the Board to perform
a function through the registrar or any other member of its staff
or an agent.
page 12
Architects Bill 2003
The Architects Board Part 2
Registrar and other staff Division 4
s. 17
(6) This section does not apply to the execution of documents but
authority to execute documents on behalf of the Board can be
given under section 23.
Division 4 -- Registrar and other staff
5 17. Registrar
(1) The Board is to appoint a person to be the registrar.
(2) The registrar has the functions that are conferred under this Act
or that he or she is directed by the Board to perform.
18. Other staff and contractors
10 (1) The Board may employ staff.
(2) This section does not detract from the power that the Public
Sector Management Act 1994 section 100 gives the Board to
engage a person under a contract for services or appoint a
person on a casual employment basis.
15 (3) The Board may, by arrangement on such terms as are agreed
with the relevant parties, make use of the services of a person
employed by another person.
19. Use of government staff etc.
(1) The Board may by arrangement with the relevant employer
20 make use, either full-time or part-time, of the services of any
officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the State.
25 (2) The Board may by arrangement with --
(a) a department of the Public Service; or
page 13
Architects Bill 2003
Part 2 The Architects Board
Division 5 Relationship of Board with the Minister
s. 20
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on the
5 terms agreed by the parties.
Division 5 -- Relationship of Board with the Minister
20. Minister may give directions
(1) The Minister may give written directions to the Board with
respect to the performance of its functions, either generally or,
10 subject to subsection (2), in relation to a particular matter and
the Board is to give effect to any such direction.
(2) The Minister must not under subsection (1) direct the Board
with respect to the performance of its functions under Part 4
or 5 in respect of --
15 (a) a particular person;
(b) a particular qualification; or
(c) a particular application, complaint, investigation or other
proceeding.
(3) The Minister must cause the text of any direction given under
20 subsection (1) to be laid before each House of Parliament, or
dealt with under subsection (4), within 14 days after the
direction is given.
(4) If --
(a) at the commencement of the period referred to in
25 subsection (3) a House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit
during that period,
the Minister is to transmit a copy of the direction to the Clerk of
that House.
page 14
Architects Bill 2003
The Architects Board Part 2
Relationship of Board with the Minister Division 5
s. 21
(5) A copy of a direction transmitted to the Clerk of a House is to
be regarded as having been laid before that House.
(6) The laying of a copy of a direction that is regarded as having
occurred under subsection (5) is to be recorded in the Minutes,
5 or Votes and Proceedings, of the House on the first sitting day
of the House after the Clerk received the copy.
(7) The text of a direction under subsection (1) is to be included in
the annual report submitted by the Board under section 28.
21. Minister to have access to information
10 (1) The Minister is entitled --
(a) to have information in the possession of the Board; and
(b) where the information is in or on a document, to have,
and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
15 (a) request the Board to furnish information to the Minister;
(b) request the Board to give the Minister access to
information;
(c) for the purposes of paragraph (b) make use of the staff
of the Board to obtain the information and furnish it to
20 the Minister.
(3) The Board is to comply with a request under subsection (2) and
make its staff and facilities available to the Minister for the
purposes of subsection (2)(c).
(4) The Minister is not entitled to have information under this
25 section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, investigation or other
proceeding; or
page 15
Architects Bill 2003
Part 2 The Architects Board
Division 6 General
s. 22
(b) might enable the identity of such a person to be
ascertained,
unless that person has consented to the disclosure.
(5) In this section --
5 "document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
Board.
10 Division 6 -- General
22. Protection from liability
(1) An action in tort does not lie against a person for anything that
the person has done, in good faith, in the performance or
purported performance of a function under this Act.
15 (2) The Board is also relieved of any liability that it might
otherwise have had for another person having done anything as
described in subsection (1).
(3) The protection given by this section applies even though the
thing done as described in subsection (1) may have been
20 capable of being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
reference to the omission to do anything.
23. Common seal of, and execution of documents by, the Board
(1) A document is duly executed by the Board if --
25 (a) the common seal of the Board is affixed to it in
accordance with subsections (2) and (3); or
(b) it is signed on behalf of the Board by a person or
persons authorised to do so under subsection (4).
page 16
Architects Bill 2003
The Architects Board Part 2
General Division 6
s. 24
(2) The common seal of the Board must not be affixed to any
document except as authorised by the Board.
(3) The common seal of the Board is to be affixed to a document in
the presence of 2 of its members, and each of them is to sign the
5 document to attest that the common seal was so affixed.
(4) The Board may, by writing under its seal, authorise one or more
of its members or the registrar or another member of staff of the
Board to sign documents on behalf of the Board, either
generally or subject to the conditions that are specified in the
10 authorisation.
(5) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
is shown.
(6) When a document is produced bearing a seal purporting to be
15 the common seal of the Board, it is to be presumed that the seal
is the common seal of the Board until the contrary is shown.
24. Duty not to make improper use of information
A member or former member of the Board or a committee must
not, whether within or outside the State, make improper use of
20 information acquired by virtue of that position to gain, directly
or indirectly, an advantage for himself or herself or for any
other person.
Penalty: $5 000.
page 17
Architects Bill 2003
Part 3 Finance and reports
s. 25
Part 3 -- Finance and reports
25. Funds of Board
(1) The funds of the Board consist of --
(a) fees received by the Board;
5 (b) pecuniary penalties paid in respect of offences under this
Act;
(c) other money or property lawfully received by the Board
in connection with the performance of its functions; and
(d) other money lawfully received by, made available to, or
10 payable to, the Board.
(2) The funds of the Board may be applied --
(a) for the purposes of the administration and enforcement
of this Act, including the remuneration of members of
the Board and committees and of the registrar and other
15 members of staff of the Board;
(b) for the furtherance of education, including public
education, and research in relation to architecture; and
(c) for any other purpose that would enable the Board to
perform its functions or to facilitate the carrying out of
20 the objects of this Act.
26. Accounts
(1) The Board is to cause to be kept proper accounts and records of
the transactions and affairs of the Board and prepare financial
statements in accordance with Australian Accounting Standards.
25 (2) The financial statements are to be prepared on an accrual basis
unless the Board determines otherwise.
27. Audit
The accounts and financial statements of the Board are to be
audited at least once a year, at the expense of the Board, by a
30 registered company auditor (as defined in paragraph (a) of the
page 18
Architects Bill 2003
Finance and reports Part 3
s. 28
definition of that term in the Corporations Act) appointed by the
Board with the prior approval of the Minister.
28. Annual report and other reports
(1) The Board, not later than 31 October in each year, is to make
5 and submit to the Minister an annual report of its proceedings
for the financial year ending on the preceding 30 June together
with a copy of its financial statements for that year and the
auditor's report on those statements.
(2) The Board's annual report is to include details of --
10 (a) the number, nature, and outcome, of --
(i) complaints received by the Board;
(ii) investigations undertaken by, or at the direction
of, the Board; and
(iii) matters that have been brought before the State
15 Administrative Tribunal by the Board;
(b) the number and nature of matters referred to in
paragraph (a) that are outstanding;
(c) any trends or special problems that may have emerged;
(d) forecasts of the workload of the Board in the year after
20 the year to which the report relates; and
(e) any proposals for improving the operation of the Board.
(3) Despite subsection (2), the identity of a person who has made a
complaint under this Act, a person about whom or which a
complaint is made or referred under this Act or any other person
25 in relation to an investigation or other proceeding must not be
disclosed in an annual report.
(4) The Minister is to cause a copy of the Board's annual report and
financial statements and of the auditor's report submitted under
subsection (1) to be laid before each House of Parliament within
30 14 sitting days of that House after receipt of the report by the
Minister.
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Architects Bill 2003
Part 3 Finance and reports
s. 28
(5) The Board is to ensure that after subsection (4) has been
complied with copies of the reports and statements referred to in
that subsection are available on request for inspection at its
premises.
page 20
Architects Bill 2003
Registration and licensing of architects Part 4
Registration, licensing and renewal Division 1
s. 29
Part 4 -- Registration and licensing of architects
Division 1 -- Registration, licensing and renewal
29. Registration of natural persons
A natural person is to be registered if the person --
5 (a) applies to the Board in accordance with section 33; and
(b) satisfies the Board that the person complies with the
requirements prescribed by the regulations for the
purposes of this section in relation to that person.
30. Conditions on registration or renewal of registration
10 (1) The registration or renewal of the registration of a natural
person is not to be subject to conditions except to the extent that
conditions may be imposed --
(a) under subsection (2);
(b) under section 51(6); or
15 (c) by way of taking disciplinary action.
(2) The Board may impose as a condition of registration or renewal
of registration of a natural person --
(a) that insurance cover be in effect in respect of the
person's civil liability for anything done or omitted by
20 the person as an architect; and
(b) that the insurance cover be of a standard or for an
amount prescribed by the regulations.
Note: Under s. 20(5) of the Mutual Recognition Act 1992 of the
Commonwealth, adopted by WA under the Mutual Recognition
25 (Western Australia) Act 2001, the Board may impose certain conditions
on the registration, in this State, of a person who is already registered
in another State or the ACT or the NT.
31. Licensing of corporations
The Board may grant a licence to a corporation that --
30 (a) applies to the Board in accordance with section 33; and
page 21
Architects Bill 2003
Part 4 Registration and licensing of architects
Division 1 Registration, licensing and renewal
s. 32
(b) satisfies the Board that the corporation complies with
the requirements prescribed by the regulations for the
purposes of this section.
32. Conditions on grant of licences or renewal of licences
5 (1) The Board may grant a licence or renew a licence subject to the
conditions that the Board specifies.
(2) Without limiting subsection (1), the Board may impose as a
condition of the grant of a licence or the renewal of a licence --
(a) a requirement to give the Board advice or information
10 about the registered person who has ultimate
responsibility for the architectural work done by the
corporation;
(b) that insurance cover be in effect in respect of the
corporation's civil liability for anything done or omitted
15 by the corporation as an architect; and
(c) that the insurance cover be of a standard or for an
amount prescribed by the regulations.
33. Applications for registration and licences
(1) An application for registration or for the grant of a licence is to
20 be --
(a) made in writing in a manner and form determined by the
Board; and
(b) accompanied by --
(i) the application fee prescribed by the regulations
25 in relation to the applicant; and
(ii) the registration fee or licence fee (whichever is
relevant) prescribed by the regulations in relation
to the applicant.
(2) The applicant is to provide the Board with any further
30 information that the Board requires in any particular case and is
page 22
Architects Bill 2003
Registration and licensing of architects Part 4
Registration, licensing and renewal Division 1
s. 34
to verify the information by statutory declaration if required by
the Board to do so.
(3) The Board may, in writing, require --
(a) an applicant for registration; or
5 (b) an officer of a corporation that is an applicant for the
grant of a licence,
to attend before the Board for the purpose of satisfying the
Board as to a matter relevant to the application and the Board
may refuse the application if the person fails to attend as
10 required.
(4) In considering any application for registration or for the grant of
a licence the Board may --
(a) have regard to any information or advice received from
the Architects Accreditation Council of Australia, or any
15 other body selected by the Board, in relation to any
applicant who has obtained or sought to obtain
qualification in a place other than this State; and
(b) pay the fees or disbursements necessary to obtain that
advice.
20 (5) If, on an application for registration or for the grant of a licence,
the Board decides that it will not register, or not grant a licence
to, the applicant the registration fee or licence fee referred to in
subsection (1)(b)(ii) is to be returned to the applicant.
34. Effect of registration and licensing
25 Subject to this Act, registration or the grant of a licence confers
on the registered person or the licensed corporation the right to
carry on in the State the practice of architecture under the title
of "architect".
35. Duration of registration and licences
30 Subject to this Act, registration or the grant of a licence has
effect until 31 December in the year in which the registration
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Architects Bill 2003
Part 4 Registration and licensing of architects
Division 1 Registration, licensing and renewal
s. 36
occurs or the licence is granted or for a longer period that is
prescribed by the regulations.
36. Renewal of registration and licences
(1) A registration or a licence may be renewed in accordance with
5 the regulations for a period of 12 months or a longer period that
is prescribed by the regulations.
(2) The registration of a person is to be renewed if --
(a) the Board is satisfied that the person --
(i) continues to comply with the requirements
10 prescribed by the regulations for the purposes of
section 29 that are relevant to that person at the
time of the renewal of registration;
(ii) is complying with any current condition of
registration or renewal of registration; and
15 (iii) has attained or maintained a level of knowledge,
skill and competence that the Board considers is
required at the time of the renewal of registration
in the practice of architecture generally or in the
practice of a specific aspect of architecture that is
20 likely to be practised by the person if registration
is renewed;
and
(b) the person pays the fee referred to in section 37(1).
(3) The licence of a corporation is to be renewed if --
25 (a) the Board is satisfied that the corporation continues to
comply with the requirements prescribed by the
regulations for the purposes of section 31 that are
relevant to the corporation at the time of the renewal of
the licence;
30 (b) the Board is satisfied that the corporation is complying
with any current condition of the grant of the licence or
the renewal of the licence; and
page 24
Architects Bill 2003
Registration and licensing of architects Part 4
Registration, licensing and renewal Division 1
s. 37
(c) the corporation pays the fee referred to in section 37(1).
(4) The Board may at any time, in writing, require --
(a) a registered person or licensed corporation to give
information to the Board for the purpose of satisfying
5 the Board as to a matter relevant to the renewal of a
registration or licence and to verify the information by
statutory declaration;
(b) an applicant for the renewal of registration to attend
before the Board for the purpose of satisfying the Board
10 as to a matter relevant to the application;
(c) an officer of a corporation that is an applicant for the
renewal of a licence to attend before the Board for the
purpose of satisfying the Board as to a matter relevant to
the application; or
15 (d) a registered person to undergo any examination that is
necessary for the purpose of satisfying the Board as to a
matter referred to in subsection (2)(a)(iii).
(5) The Board may refuse to renew a person's registration or the
licence of a corporation if a requirement under subsection (4) in
20 relation to that person or corporation is not complied with.
37. Fees for renewal of registrations and licences
(1) A registered person or a licensed corporation is to pay to the
Board the fee prescribed by the regulations for the renewal of
that person's registration or that corporation's licence, and if the
25 fee is not paid on or before the day on which it falls due under
the regulations --
(a) the person ceases to be registered or the corporation
ceases to be licensed; and
(b) the Board may direct the registrar to remove the name of
30 the person or corporation from the register.
(2) A person or corporation whose name is removed from the
register under subsection (1) is entitled, subject to this Act, to
page 25
Architects Bill 2003
Part 4 Registration and licensing of architects
Division 1 Registration, licensing and renewal
s. 38
have the name of the person or corporation restored to the
register if the person or corporation pays to the Board at any
time --
(a) all fees that are in arrear;
5 (b) all fees that would be in arrear if the person had
continued to be registered or the corporation had
continued to be licensed; and
(c) any additional amount prescribed by the regulations for
the purposes of this subsection.
10 (3) The registration of a person, or the licence of a corporation,
whose name is restored to the register under subsection (2) is to
be regarded as having continued during the period that the name
of the person or corporation was removed from the register
under subsection (1).
15 (4) The Board is to send to the address of a registered person or
licensed corporation recorded in the register, at least 28 days
before the renewal fee for that person or corporation falls due
under the regulations, written notice of --
(a) the renewal fee; and
20 (b) the consequences of failing to pay the fee.
(5) A person or corporation may apply to the Board for the waiver
of fees payable by the person or corporation under this section
that are in arrear, and the Board may waive those fees in whole
or in part.
25 38. Certificates of registration
(1) The Board is to issue a person with a certificate of registration
in a form approved by the Board --
(a) on the registration of the person; and
(b) on the renewal of the person's registration.
page 26
Architects Bill 2003
Registration and licensing of architects Part 4
Registration, licensing and renewal Division 1
s. 39
(2) Subject to this Act --
(a) a certificate of registration issued on the registration of a
person has effect for the period in which the person's
registration has effect; and
5 (b) a certificate of registration issued on the renewal of a
person's registration has effect for the period in which
the renewal of registration has effect.
(3) The period for which a certificate of registration has effect is to
be specified in the certificate.
10 (4) If the name of a person is entered in a particular division of the
register, the division is to be specified in each certificate of
registration issued to the person.
39. Licence documents
(1) The Board is to issue a corporation with a licence document in a
15 form approved by the Board --
(a) on the grant of a licence to the corporation; and
(b) on the renewal of the corporation's licence.
(2) Subject to this Act --
(a) a licence document issued on the grant of a licence to a
20 corporation has effect for the period in which the licence
has effect; and
(b) a licence document issued on the renewal of a
corporation's licence has effect for the period in which
the renewal of the licence has effect.
25 (3) The period for which a licence document has effect is to be
specified in the licence document.
(4) If the name of a corporation is entered in a particular division of
the register, the division is to be specified in each licence
document issued to the corporation.
page 27
Architects Bill 2003
Part 4 Registration and licensing of architects
Division 1 Registration, licensing and renewal
s. 40
40. Suspension or cancellation of licences
(1) The Board may, on receiving a complaint or on the Board's own
initiative, carry out any investigation necessary to decide
whether an allegation should be made under subsection (2) by
5 the Board.
(2) The Board may make an allegation to the State Administrative
Tribunal that the Tribunal should take action under this section
against a particular licensed corporation on the ground that --
(a) the constitution or rules governing the internal
10 management of the corporation has or have been
amended in an unacceptable manner;
(b) the requirements referred to in section 31 have not been
complied with or have ceased to be complied with in
relation to the corporation;
15 (c) the corporation has contravened or failed to comply
with --
(i) a provision of this Act;
(ii) a condition imposed under this Act; or
(iii) a requirement under this Act to give the Board
20 advice or information;
or
(d) the conduct of a natural person is such that the licence of
the corporation should be suspended or cancelled in the
case where --
25 (i) the Tribunal has already determined there is a
proper cause for disciplinary action in respect of
the person; and
(ii) the person at the relevant time was an officer or
employee of the corporation.
page 28
Architects Bill 2003
Registration and licensing of architects Part 4
Registration, licensing and renewal Division 1
s. 41
(3) If the State Administrative Tribunal, on dealing with an
allegation under subsection (2), is satisfied that a ground
referred to in that subsection has been made out, it may --
(a) suspend a licence for a period, not exceeding 12 months,
5 specified by the Tribunal; or
(b) cancel a licence with effect from a specified day.
(4) If the State Administrative Tribunal cancels a corporation's
licence the registrar is to remove the corporation's name from
the register.
10 41. Suspension of registration or licence: effect
(1) Where a person's registration or a corporation's licence is
suspended under section 40 or 57, the person or corporation is
to be regarded as not being registered during the period of the
suspension.
15 (2) The Board may, by notice in writing, revoke a suspension or
reduce the period of a suspension and may direct in the notice
that the revocation has effect from a date specified in the notice,
if the Board has applied for, and obtained, the approval of the
State Administrative Tribunal to do so.
20 42. Surrender of certificates of registration, licence documents
(1) If --
(a) a person's name is removed from the register under
section 47 or 49;
(b) a person's registration is suspended by way of
25 disciplinary action being taken; or
(c) a person's name is removed from the register and the
person's registration is cancelled by way of disciplinary
action being taken,
the person is to surrender the person's certificate of registration
30 within 14 days after the day on which the removal, suspension
or cancellation takes effect.
Penalty: $2 500.
page 29
Architects Bill 2003
Part 4 Registration and licensing of architects
Division 2 The register
s. 43
(2) The Board may require a corporation to surrender its licence
document if --
(a) the corporation's name is removed from the register
under section 47; or
5 (b) the Board decides under section 40 to suspend or cancel
the licence,
and the corporation is to surrender the licence document within
14 days after the day on which it is required to do so.
Penalty: $12 500.
10 (3) It is a defence to a prosecution for an offence under
subsection (1) or (2) if the defendant satisfies the court that the
defendant failed to surrender the certificate or licence document
because of the loss or destruction of the certificate or licence
document.
15 Division 2 -- The register
43. The register
(1) The registrar is to keep a register in the manner and form
determined by the Board.
(2) The register may have divisions that are prescribed by the
20 regulations relating to different categories of registered persons
or licensed corporations.
(3) When a person is registered or a licence is granted to a
corporation, the Board is to cause to be entered in the register
(in the appropriate division, if any) --
25 (a) the name of the person or corporation;
(b) the date of the initial registration or grant of the licence;
(c) the registration or licence number;
(d) in the case of a natural person, particulars of all of the
architectural qualifications recognised by the Board that
30 are held by the person;
page 30
Architects Bill 2003
Registration and licensing of architects Part 4
The register Division 2
s. 44
(e) the address of the person or corporation that is specified
by the person or corporation;
(f) any conditions applying to the registration or licence;
(g) details of any disciplinary action taken in respect of the
5 person except disciplinary action taken with the consent
of each of the parties to a conciliation; and
(h) other information that is prescribed by the regulations.
44. Inspection and publication of register
(1) The register is to be available for inspection, without fee, by
10 members of the public during normal office hours.
(2) A person may, on application to the registrar and payment of the
fee prescribed by the regulations, obtain a certified copy of a
part of, or entry in, the register.
(3) No fee is payable under subsection (2) if the application is
15 made --
(a) by an officer of the department of the Public Service
principally assisting the Minister in the administration of
this Act for the purpose of carrying out the functions of
an officer of that department; or
20 (b) on behalf of the State Administrative Tribunal for the
for the purpose of carrying out the functions of the
Tribunal.
(4) The Board may publish, in the manner and at the times
determined by the Board, a copy of the register or any part of, or
25 entry in, the register.
45. Amendment of particulars
A registered person or a licensed corporation may at any time
apply to the Board for the amendment of the particulars entered
in the register relating to the person or corporation, and if the
30 Board is satisfied that the amendment may properly be made,
page 31
Architects Bill 2003
Part 4 Registration and licensing of architects
Division 2 The register
s. 46
the Board, on payment of the fee prescribed by the regulations,
is to direct the registrar to amend the particulars accordingly.
46. Amendment to ensure accuracy
The registrar, as the occasion requires but subject to the
5 directions of the Board, is to make the amendments, additions
and corrections to the register that are necessary to make the
register an accurate record of the particulars required under
section 43(3) in relation to all registered persons and licensed
corporations.
10 47. Voluntary removal from register
(1) A registered person or licensed corporation may, in writing,
request the registrar to remove the name of the person or
corporation from the register.
(2) The registrar is to refer a request under subsection (1) to the
15 Board and, if the Board so approves, is to remove the name of
the person or corporation from the register.
(3) The Board is not to approve under subsection (2) the removal of
the name of --
(a) a registered person if the person's conduct is the subject
20 of an investigation under this Act or a proceeding before
the State Administrative Tribunal commenced under
Part 5; or
(b) a corporation if the conduct of a person who is an officer
or employee of the corporation is the subject of an
25 investigation under this Act or a proceeding before the
State Administrative Tribunal commenced under Part 5.
48. Removal of names of deceased persons and defunct
corporations
(1) The registrar, on receiving sufficient evidence in relation to the
30 death of a registered person, is to remove the person's name
from the register.
page 32
Architects Bill 2003
Registration and licensing of architects Part 4
The register Division 2
s. 49
(2) The registrar, on receiving sufficient evidence that a licensed
corporation no longer exists, is to remove the corporation's
name from the register.
49. Removal of name of person without up to date skills who has
5 not practised for 5 years or who has lost qualifications
(1) The Board may direct the registrar to remove from the register
the name of a person if the Board is satisfied that --
(a) the person has not practised architecture in the preceding
period of 5 years and has not maintained current
10 knowledge and skills in architecture at a level
considered by the Board to be satisfactory; or
(b) a qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
qualification.
15 (2) The Board must not, under subsection (1), direct the removal of
the name of a person from the register unless the Board has --
(a) given the person written notice of the Board's intention
to have the name removed, stating the reasons for the
proposed action and giving the person 28 days after the
20 notice is given to make written representations to the
Board concerning the proposed action; and
(b) considered the representations received within that
period.
50. Effect of removal of name from register
25 If the name of a registered person or a licensed corporation is
removed under a provision of this Act from the register, the
person or corporation ceases to be registered or licensed, as is
relevant to the case.
51. Restoration of name to register
30 (1) A person or corporation whose name has been removed from
the register under section 47 or 49 may at any time apply in a
page 33
Architects Bill 2003
Part 4 Registration and licensing of architects
Division 3 Notifications to Board
s. 52
manner and form determined by the Board for the restoration of
the name to the register.
(2) If an applicant under subsection (1) pays the fee prescribed by
the regulations to the Board and satisfies the Board of the
5 relevant matters referred to in section 29 or 31, as is relevant to
the case, the name of the applicant is to be restored to the
register.
(3) A person whose name has been removed from the register by
way of disciplinary action being taken may, not less than
10 2 years after the removal, apply to the Board in a manner and
form determined by the Board to have the person's name
restored to the register.
(4) The Board cannot grant an application under subsection (3)
unless it has applied for, and obtained, the approval of the State
15 Administrative Tribunal to do so.
(5) If the Board decides to grant an application under subsection (3)
it is to direct the registrar to restore the applicant's name to the
register on payment by the applicant of the fee prescribed by the
regulations for the purposes of this subsection.
20 (6) Registration of, and the practice of architecture by, an applicant
under subsection (3) may be made subject to the conditions that
the Board specifies for any particular case.
Division 3 -- Notifications to Board
52. Change of address
25 (1) A registered person or licensed corporation must give the
registrar written advice of any change to the address that is
recorded in the register in relation to the person or corporation.
(2) The advice referred to in subsection (1) must be given no later
than 30 days after the change to the address.
page 34
Architects Bill 2003
Registration and licensing of architects Part 4
Notifications to Board Division 3
s. 53
53. Loss of qualifications
(1) A registered person must give the registrar written advice if a
qualification that enabled the person to be registered is
withdrawn or cancelled by the body that conferred the
5 qualification.
(2) The advice referred to in subsection (1) must be given no later
than 90 days after the withdrawal or cancellation.
54. Information about insurance
(1) A registered person or a licensed corporation must give the
10 Board the information that is prescribed by the regulations in
relation to the insurance cover that is in effect in respect of the
person or corporation.
(2) The information referred to in subsection (1) must be given by
the time that is prescribed by the regulations.
15 55. Corporations: advice as to intention to amend
constitution etc.
(1) A licensed corporation that intends to amend its constitution or
rules governing the internal management of the corporation
must advise the Board by providing it with a copy of any
20 proposed resolution or other form of proposal to give effect to
that intention.
(2) The copy of the resolution or other form of proposal referred to
in subsection (1) must be provided to the Board at least 30 days
before the day on which the corporation intends to vote on the
25 resolution or proposal.
(3) A licensed corporation must advise the Board of the result of the
vote on a resolution or other form of proposal referred to in
subsection (1) within 30 days of the day on which the result is
announced.
page 35
Architects Bill 2003
Part 5 Disciplinary proceedings
Division 1 Disciplinary action
s. 56
Part 5 -- Disciplinary proceedings
Division 1 -- Disciplinary action
56. Causes for disciplinary action
(1) Proper causes for disciplinary action in respect of a person are
5 any of the following things --
(a) that the person has engaged in unprofessional conduct as
an architect;
(b) that the person has done or omitted to do something, or
engaged in conduct (whether in this State or elsewhere
10 and whether before or after registration) that renders the
person unfit to be registered;
(c) that the person has contravened or failed to comply
with --
(i) a provision of this Act;
15 (ii) a condition imposed under this Act; or
(iii) a requirement under this Act to give the Board
advice or information;
(d) that the person has done or omitted to do something in
connection with the practice of architecture in a manner
20 or to the extent that falls short of the standard of
competence and diligence that a member of the public is
entitled to expect of a reasonably competent architect;
(e) that the person has engaged in conduct, other than the
non-payment of fees, that has caused at any time --
25 (i) the name of a person to cease to appear in the
register of architects or other record kept by a
board or authority charged with regulating the
registration of architects in a place outside the
State (other than a place that is a participating
30 jurisdiction as defined in the Mutual Recognition
Act 1992 of the Commonwealth); or
page 36
Architects Bill 2003
Disciplinary proceedings Part 5
Disciplinary action Division 1
s. 57
(ii) the disqualification of a person by such a board
or authority from carrying on the practice of
architecture.
Note: Under s. 33(1) of the Mutual Recognition Act 1992 of the
5 Commonwealth, adopted by WA under the Mutual Recognition
(Western Australia) Act 2001, if a person's registration is cancelled or
suspended on disciplinary grounds, then the person's registration in
another State or the ACT or the NT is affected in the same way.
(2) For the purposes of subsection (1)(a) --
10 "unprofessional conduct as an architect" includes, without
limiting the general meaning of the term, conduct that is
prescribed by the regulations as constituting unprofessional
conduct as an architect.
57. Taking disciplinary action
15 (1) The Board may allege to the State Administrative Tribunal that
there is proper cause for disciplinary action to be taken in
respect of --
(a) a person who is a registered person; or
(b) a person who was a registered person when the
20 unsatisfactory conduct the subject of an investigation
allegedly occurred but who is no longer a registered
person.
(2) If in a proceeding commenced by an allegation under this
section against a registered person the State Administrative
25 Tribunal is of the opinion that proper cause exists for
disciplinary action the Tribunal may order one or more of the
following --
(a) that the person be cautioned or reprimanded;
(b) that the person pay a penalty not exceeding $5 000;
30 (c) that a condition be imposed on the person relating to the
practice of architecture or an aspect of that practice
specified in the order;
page 37
Architects Bill 2003
Part 5 Disciplinary proceedings
Division 1 Disciplinary action
s. 58
(d) that the person undergo and complete the education,
training or professional development or learning
relevant to the practice of architecture or an aspect of
that practice that is specified in the order;
5 (e) that the person practise under the supervision that is
specified in the order for a period specified in the order;
(f) that the person obtain and implement, within a period
specified in the order, advice from a person specified in
the order, in relation to the practice of architecture or an
10 aspect of that practice specified in the order;
(g) that the person give an undertaking, either with or
without security not exceeding $5 000, for a period
specified in the order in relation to --
(i) the future conduct of the person as an architect;
15 or
(ii) ensuring compliance with another disciplinary
action taken in relation to the person;
(h) that the registration of the person be suspended for a
period, not exceeding 12 months, specified in the order;
20 (i) that the person's name be removed from the register and
that the person's registration be cancelled.
(3) If in a proceeding commenced by an allegation under this
section against a person referred to in subsection (1)(b) the State
Administrative Tribunal is of the opinion that proper cause
25 exists for disciplinary action the Tribunal may order one or
more of the following --
(a) that the person be cautioned or reprimanded;
(b) that the person pay a penalty not exceeding $5 000.
58. Failure to comply with disciplinary action
30 (1) If the State Administrative Tribunal makes an order under this
Act against a person and payment is not made in accordance
with the order, or the order or a condition imposed or an
undertaking given under the order is not complied with or
page 38
Architects Bill 2003
Disciplinary proceedings Part 5
Conciliation Division 2
s. 59
breached, the Tribunal may order that further disciplinary action
be taken in respect of the person and the further disciplinary
action may be taken in respect of one or both of the
following --
5 (a) the matter for which the first disciplinary action was
taken;
(b) the conduct or omission giving rise to the failure to
comply with the order, condition or undertaking.
(2) The power conferred on the State Administrative Tribunal by
10 subsection (1) is in addition to and not in derogation of the
powers conferred on it by this Act or by the State Administrative
Tribunal Act 2003.
Division 2 -- Conciliation
59. Conciliation process
15 (1) The Board may refer to a committee a complaint that there is
proper cause for disciplinary action in respect of a person, for
conciliation of the matter.
(2) The committee is to commence conciliation procedures within
14 days of the complaint being referred to it under
20 subsection (1).
(3) The function of the committee as conciliator is to encourage the
settlement of the matter by --
(a) communicating with the persons concerned, or their
representatives;
25 (b) arranging discussions between the persons concerned, or
their representatives, and assisting in those discussions;
(c) causing the persons concerned, or any of them or their
representatives, either separately or together, to appear
before the committee; and
30 (d) giving advice and making recommendations to assist in
the reaching of settlement.
page 39
Architects Bill 2003
Part 5 Disciplinary proceedings
Division 2 Conciliation
s. 60
(4) The Board may, with the consent of each of the parties to a
conciliation, by order give effect to a settlement negotiated
under this Division.
(5) If the Board makes an order under subsection (4) --
5 (a) the terms of the settlement reached between the parties
referred to in the order are final and binding on those
parties; and
(b) the order may include any matter that might have been
ordered by the State Administrative Tribunal under
10 section 57.
(6) It is not a function of the Board or a committee of the Board to
conduct an arbitration of a dispute.
(7) Evidence of anything lawfully said or done, or any record
prepared and produced for the purpose of conciliation, by a
15 person in the course of the conciliation process is not to be used
in any subsequent consideration of the complaint by the Board
nor, unless that person waives the right to object, is it admissible
in evidence against that person in any subsequent civil
proceedings concerning the subject matter of the complaint.
20 60. Action if conciliation fails
(1) Nothing in this Division prevents the Board from investigating a
complaint if --
(a) the conciliation process fails to result in the settlement
of the complaint;
25 (b) the Board is satisfied that the parties are not cooperating
in relation to the conciliation process; or
(c) the Board is not satisfied with the result of the
conciliation process.
(2) If a member of a committee that was involved in a conciliation
30 process in relation to a matter is a Board member, the member
cannot take any further part in dealing with the matter after the
conciliation process unless all parties agree to the member doing
so.
page 40
Architects Bill 2003
Notifications and review Part 6
s. 61
Part 6 -- Notifications and review
61. Notice of decisions to affected persons
(1) Where the Board makes a decision to which this subsection
applies, it is to record the reasons for the decision and, as soon
5 as is practicable but in any case not later than 7 days after
making the decision, is to give notice of the decision and the
reasons to --
(a) the person to whom the decision relates; and
(b) the complainant, if any.
10 (2) Subsection (1) applies to --
(a) the refusal of an application --
(i) to register a person;
(ii) to grant a licence;
(iii) to renew a registration or licence; or
15 (iv) to restore a name to the register;
(b) the removal of a name from the register under
section 37(1) or 49;
(c) the imposition of a condition on a registration or
renewal of a registration or on the grant or renewal of a
20 licence otherwise than by consent; or
(d) a decision under section 12(2) to investigate a complaint
or not to investigate a complaint.
62. Publication and records
(1) Unless the State Administrative Tribunal orders otherwise the
25 Board may publish, in the manner and to the persons determined
by the Board, notice of action taken, or a decision or order
made, under this Act in relation to a registered person, a person
who was a registered person, or a licensed corporation.
(2) The Board is to ensure that a record is kept of each investigation
30 and other action taken, and each decision and order made, under
page 41
Architects Bill 2003
Part 6 Notifications and review
s. 63
this Act in relation to a registered person, a person who was a
registered person, or a licensed corporation.
63. Review
(1) A person who is aggrieved by a decision referred to in
5 section 61(2)(a) to (c) may apply to the State Administrative
Tribunal for a review of the decision.
(2) A person who is aggrieved by a decision under section 12(2) to
investigate a complaint may apply to the State Administrative
Tribunal for a review of the decision.
page 42
Architects Bill 2003
Offences Part 7
s. 64
Part 7 -- Offences
64. False descriptions; pretending to be an architect
(1) A natural person, other than a registered person, must not --
(a) use a restricted word as part of the person's title or
5 description;
(b) hold himself or herself out as being an architect, a
person who practises architecture or a person who is
qualified to practise architecture; or
(c) in any way imply that the person is an architect, a person
10 who practises architecture or a person who is qualified
to practise architecture.
(2) A body corporate, other than a licensed corporation, must not --
(a) use a restricted word as part of its title or description;
(b) hold itself out as being an architect; or
15 (c) in any way imply that it is an architect.
(3) A person must not --
(a) use a restricted word as part of the title or description of
a firm;
(b) hold out a firm as comprising one or more architects; or
20 (c) in any way imply that a firm comprises one or more
architects,
unless at least one of the members of the firm is a registered
person or a licensed corporation.
Penalty applicable to subsections (1), (2) and (3):
25 $5 000 for a first offence.
$10 000 for a second or subsequent offence.
65. Name in which practice may be carried on; use of names
(1) A registered person or a licensed corporation must not carry on
the practice of architecture under any name other than the name
page 43
Architects Bill 2003
Part 7 Offences
s. 66
of the person or corporation as recorded in the register unless
the person or corporation --
(a) has the written consent of the Board to do so; and
(b) complies with each condition imposed by the Board in
5 relation to the name of the practice.
Penalty: $5 000.
(2) A licensed corporation must not use, in connection with an
architectural service provided by the corporation, the name
of --
10 (a) a registered person who is not an officer, employee or
partner of the licensed corporation; or
(b) another licensed corporation which is not a partner of
the first mentioned licensed corporation.
66. Making or publishing certain statements or documents
15 A person must not make or publish, or permit the making or
publishing of, a statement or document that states or implies that
that person, or another person, who or which is not registered or
licensed --
(a) is an architect;
20 (b) practises as an architect; or
(c) undertakes or is willing to undertake work as an architect.
Penalty: $5 000.
67. Falsely representing that work will be done by an architect
(1) In this section --
25 "responsible person" --
(a) in relation to a service provider that is a natural
person, means that person;
(b) in relation to a service provider that is a firm, means
each partner of the firm;
30 (c) in relation to a service provider that is a body
corporate, means each officer of the body corporate;
page 44
Architects Bill 2003
Offences Part 7
s. 67
"service provider" means a natural person, firm or body
corporate.
(2) A person must not use a restricted word in relation to services
offered by a service provider unless there is a reasonable
5 likelihood that the work to be done by or on behalf of the
service provider will be controlled and supervised by a
registered person.
(3) A person must not state or imply that work to be done by or on
behalf of a service provider will be done or controlled and
10 supervised by an architect, unless there is a reasonable
likelihood that the work will be controlled and supervised by a
registered person.
(4) If --
(a) a restricted word is used in relation to services offered
15 by a service provider or it is stated or implied that work
to be done by or on behalf of a service provider will be
done or controlled and supervised by an architect; and
(b) a responsible person for the service provider becomes
aware of a reasonable likelihood that the work to be
20 done by or on behalf of the service provider will not be
controlled or supervised by any registered person,
the responsible person must, as soon as practicable, ensure that
the client is so informed.
(5) A person who enters into a contract with a service provider in
25 respect of whose services a restricted word is used or in respect
of whose work it is stated or implied that the work will be done
or controlled and supervised by an architect may, by notice in
writing given to the service provider at any time before the
completion of the contract, withdraw from the contract without
30 being liable for damages for repudiation of the contract and
despite any provision to the contrary in the contract, if --
(a) there is no reasonable likelihood that the work, if not yet
begun, will be controlled and supervised by a registered
person; or
page 45
Architects Bill 2003
Part 7 Offences
s. 68
(b) the work, if already begun, was not, or is not being,
controlled and supervised by a registered person.
Penalty applicable to subsections (2), (3) and (4): $5 000.
68. Certain conduct not in breach of this Act
5 Despite sections 64 and 67, no offence is committed under this
Act by reason only of the fact that --
(a) a person designs, or superintends the erection of, a
building;
(b) a natural person describes himself or herself as an
10 architect registered in a specified place other than
Western Australia, if that person --
(i) is registered as an architect in that place;
(ii) is in Western Australia temporarily; and
(iii) does not design, or superintend the erection of,
15 any building whilst in Western Australia;
(c) a naval architect, landscape architect or golf course
architect is described as such or that person's work is
described as naval architecture, landscape architecture,
or golf course architecture respectively;
20 (d) an architectural drafter is described as such or that
person's work is described as architectural drafting;
(e) a person who provides technical or other support
services to an architect is described as an architectural
technician or assistant or the person's work is otherwise
25 described in terms of providing a support service to an
architect;
(f) a restricted word is used in relation to the manufacture,
supply or naming of products or materials for use in the
practice of architecture or the construction of buildings;
30 (g) a restricted word is used in the title or description of an
educational institution in relation to the provision of
education in architecture;
page 46
Architects Bill 2003
Offences Part 7
s. 69
(h) a restricted word is used in circumstances where the
word is clearly not connected with the design and
construction of buildings; or
(i) a restricted word is used in circumstances of a kind
5 prescribed by the regulations.
69. False or misleading information
(1) A person must not do any of the things set out in
subsection (2) --
(a) in relation to an application under this Act;
10 (b) in relation to the compliance, or purported compliance,
with any requirement of this Act to give the Board
advice or information; or
(c) in relation to an attempt at conciliation under section 59.
Penalty: $5 000.
15 (2) The things to which subsection (1) applies are --
(a) making a statement which the person knows is false or
misleading in a material particular;
(b) making a statement which is false or misleading in a
material particular, with reckless disregard as to whether
20 or not the statement is false or misleading in a material
particular;
(c) providing, or causing to be provided, information that
the person knows is false or misleading in a material
particular; or
25 (d) providing, or causing to be provided, information that is
false or misleading in a material particular, with reckless
disregard as to whether the information is false or
misleading in a material particular.
page 47
Architects Bill 2003
Part 7 Offences
s. 70
70. False representations
A person must not falsely represent any person as being the
person referred to in a certificate of registration or licence
document.
5 Penalty: $5 000.
Note: There are also relevant offence provisions in The Criminal Code e.g.
s. 409 (fraud), s. 488 (procuring or claiming unauthorised status),
s. 513 (personation of a person named in a certificate) and s. 514
(lending certificate for personation).
page 48
Architects Bill 2003
Regulations and rules Part 8
s. 71
Part 8 -- Regulations and rules
71. Regulations
(1) The Governor may make regulations prescribing all matters that
are required or permitted by this Act to be prescribed, or are
5 necessary or convenient to be prescribed, for giving effect to
this Act.
(2) Without limiting subsection (1) regulations may be made for all
or any of the following purposes --
(a) providing for the nomination of persons for election and
10 for the election of members of the Board under
section 7(1)(c);
(b) regulating the meetings and proceedings of, and the
conduct of business by, the Board or a committee;
(c) making provisions relating to registration and renewal of
15 registration and licensing, including --
(i) applications for registration, licences and
renewals; and
(ii) the obtaining of the Board's preliminary advice
or directions in relation to a proposed application
20 and for the recovery of the Board's costs in
relation to providing that advice or giving those
directions;
(d) maintaining the accuracy of the register;
(e) regulating the issue, display and use of certificates of
25 registration and licence documents;
(f) making provisions relating to obtaining the Board's
consent to a name, other than the name of a person or
corporation as recorded in the register, under which a
person or corporation can carry on the practice of
30 architecture;
(g) prescribing the courses of study and training, including
practical experience, to be undertaken, and the
page 49
Architects Bill 2003
Part 8 Regulations and rules
s. 72
examinations to be passed, by persons desiring to be
registered, and determining the qualifications to be held
by persons desiring to be registered under this Act;
(h) providing for the Board to conduct examinations of
5 applicants for registration or renewal of registration and
for related matters including the appointment of
examiners and their remuneration;
(i) prescribing the advice or information to be given to the
Board, and the manner and time in which advice or
10 information is to be given to the Board;
(j) prescribing the fees to be paid for the purposes of this
Act and the persons liable for payment.
(3) Without limiting the application of the Interpretation Act 1984
section 43, regulations made under this Act may adopt wholly
15 or partly any standards, rules, code, or other provisions
published by some other body and may adopt them --
(a) with or without any amendment or modification;
(b) as in force at the time of adoption or as amended from
time to time.
20 (4) Regulations made under this Act may provide for a penalty for
contravention of the regulation or a provision of the regulation
not exceeding a fine of $5 000, in the case of an individual, or
$10 000 in any other case.
72. Rules
25 (1) The Board may make rules providing for --
(a) the manner of making to the Board any complaint
against or concerning a person who is, or was, a
registered person, and who may make such a complaint;
(b) procedures in relation to carrying out investigations; or
30 (c) procedures in relation to conciliation under section 59.
(2) A rule made under subsection (1) has no effect unless and until
it is confirmed by the Governor.
page 50
Architects Bill 2003
Regulations and rules Part 8
s. 72
(3) Nothing in subsection (2) affects the operation of Part VI of the
Interpretation Act 1984.
(4) Where a rule is inconsistent with a regulation the regulation
prevails to the extent of the inconsistency.
page 51
Architects Bill 2003
Part 9 Miscellaneous
s. 73
Part 9 -- Miscellaneous
73. Recovery of fees
Fees payable under this Act to the Board may be recovered by
the Board in a court of competent jurisdiction.
5 74. Evidentiary
In the absence of evidence to the contrary --
(a) a certificate of registration is evidence that the person to
whom the certificate is issued is registered for the period
specified in the certificate; and
10 (b) a licence document is evidence that the corporation to
which the licence is issued is licensed for the period
specified in the licence.
75. Legal proceedings
(1) Any proceedings for an offence under this Act, and any civil
15 proceedings in which the Board is a party, may be taken in the
name of the Board by the registrar or any other person
authorised in that behalf by the Board.
(2) All proceedings for offences under this Act are to be heard by a
court of summary jurisdiction constituted by a magistrate.
20 (3) In any proceedings no proof is required of --
(a) the appointment or election of a member of the Board or
a committee; or
(b) the authorisation of a person under subsection (1),
but an averment in a complaint that the person is so appointed,
25 elected or authorised is to be taken to be proved in the absence
of evidence to the contrary.
(4) Subsection (1) does not limit the ability of a person to make a
complaint or conduct the prosecution of an offence if the person
has authority at law to do so.
page 52
Architects Bill 2003
Miscellaneous Part 9
s. 76
(5) In all courts and before all persons and bodies authorised to
receive evidence, in the absence of evidence to the contrary --
(a) a certificate purporting to be issued on behalf of the
Board and stating --
5 (i) that a person was or was not registered or
licensed;
(ii) any condition to which a person's registration or
licence was subject;
(iii) that a person's registration or licence was
10 suspended or cancelled;
(iv) that the name of a person or corporation is or is
not entered in a particular division of the register,
on any day or days or during a period mentioned in the
certificate, is evidence of the matters so stated;
15 (b) a copy of, or extract from, the register or any statement
that purports to reproduce matters entered in the register
and that is certified by the registrar as a true copy,
extract or statement, is evidence of the facts appearing in
that copy, extract or statement; and
20 (c) it is to be presumed that a document purporting to have
been signed by the registrar for the purposes of
paragraph (b) was signed by the registrar.
(6) This section is in addition to and does not affect the operation of
the Evidence Act 1906.
25 76. Liability of certain officers of body corporate: offences
(1) If a body corporate is charged with an offence under this Act,
every person who was an officer of the body corporate at the
time of the alleged offence may also be charged with the
offence.
30 (2) If a body corporate and an officer are charged as permitted by
subsection (1) and the body corporate is convicted of the
page 53
Architects Bill 2003
Part 9 Miscellaneous
s. 77
offence, the officer is to be taken to have also committed the
offence, subject to subsection (5).
(3) If a body corporate commits an offence under this Act, then,
although the body corporate is not charged with the offence,
5 every person who was an officer of the body corporate at the
time the offence was committed may be charged with the
offence.
(4) If an officer is charged as permitted by subsection (3) and it is
proved that the body corporate committed the offence, the
10 officer is to be taken to have also committed the offence, subject
to subsection (5).
(5) If under this section an officer is charged with an offence it is a
defence to prove --
(a) that the offence was committed without the officer's
15 consent or connivance; and
(b) that the officer took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
the officer's functions and to all the circumstances.
20 77. Liability of partners: offences
(1) If a person who is a partner in a firm is charged with an offence
under this Act in relation to the firm, every person who was a
partner in the firm at the time of the alleged offence may also be
charged with the offence.
25 (2) If a person and a partner are charged as permitted by
subsection (1) and the person is convicted of the offence, the
partner is to be taken to have also committed the offence,
subject to subsection (5).
(3) If a person who is a partner in a firm commits an offence under
30 this Act, then, although the person is not charged with the
offence, every other person who was a partner in the firm at the
page 54
Architects Bill 2003
Miscellaneous Part 9
s. 78
time the offence was committed may be charged with the
offence.
(4) If a partner is charged as permitted by subsection (3) and it is
proved that the person first mentioned in that subsection
5 committed the offence, the partner is to be taken to have also
committed the offence, subject to subsection (5).
(5) If under this section a partner is charged with an offence it is a
defence to prove --
(a) that the offence was committed without the partner's
10 consent or connivance; and
(b) that the partner took all the measures to prevent the
commission of the offence that he or she could
reasonably be expected to have taken having regard to
the partner's functions and to all the circumstances.
15 78. Repeal of Architects Act 1921, savings and transitional
provisions
(1) The Architects Act 1921 is repealed.
(2) The Architects' Board of Western Australia By-laws 1965 are
repealed.
20 (3) Schedule 2 has effect in relation to the repeal effected by
subsection (1).
79. Consequential amendments to the Constitution Acts
Amendment Act 1899
(1) The amendments in this section are to the Constitution Acts
25 Amendment Act 1899*.
[* Reprint 12 as at 3 October 2003.]
(2) Schedule V Part 3 is amended in the item concerning the
Architects Board by deleting "1921" and inserting instead --
" 2003 ".
page 55
Architects Bill 2003
Part 9 Miscellaneous
s. 80
80. Consequential amendment to the Sentencing Act 1995
(1) The amendment in this section is to the Sentencing Act 1995*.
[* Reprinted as at 4 May 2001.
For subsequent amendments see Western Australian
5 Legislation Information Tables for 2002, Table 1, p. 353 and
Acts Nos. 35 and 50 of 2003.]
(2) Schedule 1 is amended by inserting in the appropriate
alphabetical position the following item --
"
Architects Act 2003 Architects Board of Western
Australia
10 ".
81. Review of Act
(1) The Minister is to carry out a review of the operation and
effectiveness of this Act as soon as is practicable after the
expiration of 5 years from its commencement, and in the course
15 of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the Board;
(b) the need for the continuation of the functions of the
Board; and
(c) any other matters that appear to the Minister to be
20 relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made under
subsection (1) and as soon as is practicable after the preparation of
the report, cause it to be laid before each House of Parliament.
page 56
Architects Bill 2003
Constitution and proceedings of the Board Schedule 1
Schedule 1 -- Constitution and proceedings of the Board
[s. 8]
Division 1 -- General provisions
1. Terms of office of Board members
5 (1) Subject to clause 3 --
(a) a Board member appointed under section 7(1)(a) or (b) holds
office for the period (not exceeding 2 years) that is specified
in the member's instrument of appointment; or
(b) an elected Board member holds office for the period (not
10 exceeding 2 years) for which the member was elected,
and is eligible (if otherwise qualified) for reappointment or
re-election.
(2) A Board member whose term of office expires by the passage of time
without a person having been appointed or elected to fill the vacancy
15 continues in office until --
(a) a person is appointed or elected to fill the vacancy; or
(b) a period of 3 months elapses after the expiry of the period of
office,
whichever occurs first.
20 2. Vacancy in the office of an elected member
Whenever the office of an elected Board member is vacant or is due
to become vacant an election is to be conducted among registered
persons in accordance with the regulations to elect a person to fill the
vacancy.
25 3. Resignation, removal etc.
(1) The office of a Board member becomes vacant if the member --
(a) resigns the office by written notice addressed to the Minister;
(b) becomes ineligible to hold office as a member;
(c) is an elected member and ceases to be a registered person;
page 57
Architects Bill 2003
Schedule 1 Constitution and proceedings of the Board
(d) is an insolvent under administration, as that term is defined in
the Corporations Act; or
(e) is removed from office by the Minister under subclause (2).
(2) The Minister may remove a Board member from office for --
5 (a) misbehaviour or incompetence;
(b) mental or physical incapacity, other than temporary illness,
impairing the performance of the member's functions under
this Act; or
(c) absence, without leave or reasonable excuse, from
10 3 consecutive meetings of the Board of which the member
has had notice.
(3) In subclause (2)(a) --
"misbehaviour" includes conduct that renders the member unfit to
hold office even though the conduct does not relate to any
15 function of the office.
4. Chairperson and deputy chairperson
(1) The chairperson and the deputy chairperson of the Board are to be
elected by the Board from its members.
(2) The Board may remove a person from the office of chairperson or
20 deputy chairperson of the Board at any time.
(3) The office of chairperson or deputy chairperson of the Board becomes
vacant if the holder of the office --
(a) resigns the office by written notice addressed to the Board;
(b) ceases to be a Board member; or
25 (c) is removed from the office by the Board under subclause (2).
(4) The deputy chairperson is to perform the functions of the
chairperson --
(a) when the chairperson is unable to act because of illness,
absence or other cause; or
30 (b) during any vacancy in the office of chairperson.
page 58
Architects Bill 2003
Constitution and proceedings of the Board Schedule 1
5. Leave of absence
The Board may grant leave of absence to a Board member on the
terms and conditions determined by the Board.
6. Board member temporarily unable to act
5 (1) The Minister may appoint a person to act temporarily in the place of a
Board member, other than the chairperson or an elected member,
when the Board member is unable to act because of illness, absence or
other cause.
(2) A person who is to act temporarily in the place of a member
10 appointed under section 7(1)(a) is to be suitable to represent the
respective interests referred to in that provision.
(3) A person who is to act temporarily in the place of a member
appointed under section 7(1)(b) is to be selected from the nominations
that were provided to the Minister under section 7(2) for the purpose
15 of appointing the member.
(4) The Board may appoint a registered person, who is suitable to
represent the interests of registered persons, to act temporarily in the
place of an elected member when the member is unable to act because
of illness, absence or other cause.
20 (5) A person who acts in the place of a Board member is to be regarded
as a Board member while the person is acting in accordance with the
terms of the person's appointment.
(6) The Minister may, at any time, terminate the appointment of a person
to act in the place of a Board member other than the chairperson or an
25 elected member.
(7) The Board may, at any time, terminate the appointment of a person to
act in the place of an elected member.
7. Saving
No act or omission of a person acting in place of another under
30 clause 4 or 6 is to be questioned on the ground that the occasion for
the person's appointment or acting had not arisen or had ceased.
page 59
Architects Bill 2003
Schedule 1 Constitution and proceedings of the Board
8. Calling of meetings
(1) Subject to subclause (2), meetings of the Board are to be held at the
times and places that the Board determines.
(2) A special meeting of the Board may at any time be convened by the
5 chairperson.
9. Presiding officer
(1) The chairperson is to preside at all meetings of the Board at which the
chairperson is present.
(2) If both the chairperson and the deputy chairperson are absent from a
10 meeting the members present are to appoint one of their number to
preside.
10. General procedures
Subject to this Act, the Board may determine its own procedures for
the calling of meetings of the Board and for the conduct of business at
15 those meetings.
11. Quorum
The quorum for a meeting of the Board is at least 5 members.
12. Voting
(1) At any meeting of the Board each member present has a deliberative
20 vote.
(2) The person presiding at a meeting of the Board has a deliberative vote
and, in the event of an equality of votes, has a second or casting vote.
(3) To have effect --
(a) a decision of the Board to register a person or to grant a
25 licence to a corporation must be supported by at least
5 members; and
(b) any other decision of the Board must be supported by a
majority of the votes cast at a meeting of the Board at which a
quorum is present.
page 60
Architects Bill 2003
Constitution and proceedings of the Board Schedule 1
13. Minutes
The Board is to cause accurate minutes to be kept of the proceedings
at each of its meetings and each meeting of its committees.
14. Resolution without meeting
5 A resolution in writing signed by each member of the Board or
assented to by each member by letter, facsimile transmission,
electronic mail or other written means has effect as if it had been
passed at a meeting of the Board.
15. Holding meetings remotely
10 The presence of a person at a meeting of the Board need not be by
attendance in person but may be by that person and each other person
at the meeting being simultaneously in contact by telephone, or other
means of instantaneous communication.
16. Committees of the Board
15 (1) The Board may, from time to time, appoint committees to assist it in
the performance of its functions, and may discharge or alter any
committee so appointed.
(2) A committee may include persons who are not members of the Board
but must include at least one person who is a member of the Board or
20 the registrar or another member of staff of the Board.
(3) Subject to this Act and to any directions of the Board, a committee
may determine its own procedures for the calling of meetings of the
committee and for the conduct of business at those meetings.
Division 2 -- Disclosure of interests, etc.
25 17. Meaning of "member"
In this Part --
"member" means a member of the Board or a member of a
committee.
page 61
Architects Bill 2003
Schedule 1 Constitution and proceedings of the Board
18. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board must, as soon as
possible after the relevant facts have come to the member's
5 knowledge, disclose the nature of the interest at a meeting of the
Board.
Penalty: $5 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
10 19. Voting by interested members
A member who has a material personal interest in a matter that is
being considered by the Board --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
15 (ii) on a proposed resolution under clause 20 in respect of
the matter, whether relating to that member or a
different member;
and
(b) must not be present while --
20 (i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
20. Clause 19 may be declared inapplicable
25 Clause 19 does not apply if the Board has at any time passed a
resolution that --
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied
that the interest should not disqualify the member from
30 considering or voting on the matter.
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Architects Bill 2003
Constitution and proceedings of the Board Schedule 1
21. Quorum where clause 19 applies
(1) Despite clause 11, if a member of the Board is disqualified under
clause 19 in relation to a matter, a quorum is present during the
consideration of the matter if at least 4 members are present who are
5 entitled to vote on any motion that may be moved at the meeting in
relation to the matter.
(2) The Minister may deal with a matter in so far as the Board cannot deal
with it because of subclause (1).
22. Minister may declare clauses 19 and 21 inapplicable
10 (1) The Minister may by writing declare that clause 19 or 21 or both of
them do not apply in relation to a specified matter either generally or
in voting on particular resolutions.
(2) The Minister must cause a copy of a declaration made under
subclause (1) to be laid before each House of Parliament within
15 14 sitting days of that House after the declaration is made.
page 63
Architects Bill 2003
Schedule 2 Savings and transitional provisions
Schedule 2 -- Savings and transitional provisions
[s. 78(3)]
1. Terms used in this Schedule
In this Schedule --
5 "commencement" means the commencement of this Act;
"the former Board" means The Architects' Board of Western
Australia established under the repealed Act;
"the new Board" means Architects Board of Western Australia
established under this Act;
10 "the repealed Act" means the Architects Act 1921.
2. Interpretation Act 1984 not affected
The provisions of this Schedule do not prejudice or affect the
application of the Interpretation Act 1984 to and in relation to the
repeal effected by section 78(1).
15 3. Board (body corporate) continues
(1) The new Board is the same entity as, and a continuation of, the former
Board, and the rights and liabilities of or in relation to the former
Board continue as rights and liabilities of or in relation to the new
Board.
20 (2) If in a written law or other document or instrument there is --
(a) a reference to the former Board; or
(b) a reference that is read and construed as a reference to the
former Board,
the reference may, where the context so requires, be read as if it had
25 been amended to be a reference to the new Board.
(3) If in a written law or other document or instrument there is --
(a) a reference to the chairman or member of the former Board;
or
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Architects Bill 2003
Savings and transitional provisions Schedule 2
(b) a reference that is read and construed as a reference to the
chairman or a member of the former Board,
the reference may, where the context so requires, be read as if it had
been amended to be a reference to the chairperson or a member of the
5 new Board.
4. Membership of new Board
(1) The persons who, immediately before commencement, were members
of the former Board go out of office as members of the Board on
commencement.
10 (2) Despite Schedule 1 clause 1(1)(a), in the case of the first 4 members
of the new Board appointed under section 7(1)(a) --
(a) 2 members are to be appointed to hold office for 2 years; and
(b) 2 members are to be appointed to hold office for 1 year.
(3) Despite Schedule 1 clause 1(1)(a), in the case of the first 2 members
15 of the new Board appointed under section 7(1)(b) --
(a) one member is to be appointed to hold office for 2 years; and
(b) one member is to be appointed to hold office for 1 year.
(4) Despite section 7(1)(b), the Minister is to appoint the first 2 members
of the new Board under that paragraph from at least 4 nominations of
20 the Royal Australian Institute of Architects (WA Chapter) and
section 7(4) applies as if that body were prescribed by the regulations
for the purposes of section 7(1)(b).
(5) Despite Schedule 1 clause 1(1)(b), in the case of the first 4 members
of the new Board to be elected under section 7(1)(c) --
25 (a) 2 members are to be elected to hold office for 2 years; and
(b) 2 members are to be elected to hold office for 1 year.
(6) Despite the repeal effected by section 78(1), the First Schedule to the
repealed Act continues to have effect for the purposes of the first
election of members of the new Board under section 7(1)(c) and, for
30 that purpose, references in that Schedule to "the Board" are to be
regarded as references to the first 4 members of the new Board
appointed under section 7(1)(a) and the first 2 members of the new
Board appointed under section 7(1)(b).
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Architects Bill 2003
Schedule 2 Savings and transitional provisions
5. Registrar and other staff
(1) The registrar of the former Board who held office immediately before
commencement continues in office, under and subject to this Act, as
the registrar of the new Board.
5 (2) The other officers of the former Board who held office immediately
before commencement continue in office, under and subject to this
Act, as officers of the new Board.
(3) A person mentioned in subclause (1) or (2) is to be regarded as having
been employed or engaged, as is relevant to the terms of the person's
10 appointment, under this Act.
(4) Except as otherwise agreed by a person mentioned in subclause (1)
or (2), the remuneration, existing or accrued rights, rights under a
superannuation scheme or continuity of service of the person are not
affected, prejudiced or interrupted by the operation of subclause (1)
15 or (2) or the repeal of the Architects Act 1921.
(5) The rights under a superannuation scheme of a person who was a
registrar or officer of the former Board are not affected, prejudiced or
interrupted by the repeal of the Architects Act 1921.
6. Persons registered under repealed Act
20 (1) The registration of a natural person who immediately before
commencement was registered under the repealed Act continues,
under and subject to this Act, as a registration under this Act --
(a) until 31 December in the year of commencement or for a
longer period that is prescribed by the regulations; and
25 (b) on the same terms as applied under the repealed Act to the
registration.
(2) A person mentioned in subclause (1) is to be regarded as having been
registered under this Act.
(3) The registration of a corporation that immediately before
30 commencement was registered under the repealed Act continues,
under and subject to this Act, as a licence under this Act --
(a) until 31 December in the year of commencement or for a
longer period that is prescribed by the regulations; and
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Architects Bill 2003
Savings and transitional provisions Schedule 2
(b) on the same terms as applied under the repealed Act to the
registration.
(4) A corporation mentioned in subclause (3) is to be regarded as having
been licensed under this Act.
5 7. Register
The register under the repealed Act as it exists immediately before
commencement continues, under and subject to this Act, as the
register under this Act.
8. Certificates under repealed Act
10 (1) A certificate of registration that was issued under the repealed Act to a
natural person and that is in effect immediately before
commencement continues, under and subject to this Act, as a
certificate of registration for the purposes of this Act and has effect
until 31 December in the year of commencement or for a longer
15 period that is prescribed by the regulations.
(2) A certificate of registration that was issued under the repealed Act to a
corporation and that is in effect immediately before commencement
continues, under and subject to this Act, as a licence document for the
purposes of this Act and has effect until 31 December in the year of
20 commencement or for a longer period that is prescribed by the
regulations.
9. Transitional provision as to applications for registration
(1) An application by a natural person for registration under the repealed
Act that is not finalised before commencement is to be dealt with as if
25 sections 14, 14A, 14C and 15 of the repealed Act had not been
repealed by this Act.
(2) An application by a corporation for registration under the repealed
Act that is not finalised before commencement is to be dealt with as if
the application had been made under section 33(1) for the grant of a
30 licence to the corporation.
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Architects Bill 2003
Schedule 2 Savings and transitional provisions
10. First annual report
(1) In its first annual report under section 28 the new Board is also to
report on the proceedings of the former Board for the period from
1 January in the preceding year to commencement.
5 (2) Subclause (1) does not apply to the extent that the former Board has
reported under section 35 of the repealed Act on those proceedings.
11. Powers in relation to transitional provisions
If there is no sufficient provision in this Schedule for dealing with a
transitional matter the Governor may make regulations prescribing all
10 matters that are required, necessary or convenient to be prescribed in
relation to that matter.
page 68
Architects Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
Board.......................................................................................................... 4(1)
certificate of registration.............................................................................. 4(1)
commencement ................................................................................Sch. 2, cl. 1
committee ................................................................................................... 4(1)
condition ..................................................................................................... 4(1)
corporation.................................................................................................. 4(1)
Corporations Act ......................................................................................... 4(1)
disciplinary action ....................................................................................... 4(1)
document ...................................................................................................21(5)
firm............................................................................................................. 4(1)
information ................................................................................................21(5)
licence......................................................................................................... 4(1)
licence document......................................................................................... 4(1)
licensed....................................................................................................... 4(1)
member.......................................................................................... Sch. 1, cl. 17
misbehaviour............................................................................... Sch. 1, cl. 3(3)
officer ......................................................................................................... 4(1)
public company........................................................................................... 4(1)
register........................................................................................................ 4(1)
registered .................................................................................................... 4(1)
registrar....................................................................................................... 4(1)
regulations .................................................................................................. 4(1)
responsible person ......................................................................................67(1)
restricted word ............................................................................................ 4(1)
service provider..........................................................................................67(1)
specified.....................................................................................Sch. 2, cl. 11(5)
the former Board ..............................................................................Sch. 2, cl. 1
the new Board ..................................................................................Sch. 2, cl. 1
the repealed Act ...............................................................................Sch. 2, cl. 1
unprofessional conduct as an architect ........................................................56(2)
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