Architects Act Amendment Act 1971 (Qld)

315 (QUgru51FIxtt ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 18 of 1971 An Act to Amend The Architects Act of 1962 in certain particulars [AssENmD To 19TH Apxu., 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Architects Act Amendment Act 1971. (2) The Architects Act of 1962 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Architects Act 4962-1971.

316 Architects Act Amendment Act 1971, No. 18 2. Amendment of s. 3 . Section 3 of the Principal Act is amended by inserting after the words " Division V-Continuation of name of deceased Architect (s. 27); the words " PART IIIA-APPRovED ARCHITECTURAL COMPANIES; ". 3. Amendment of s. 5 . Section 5 of the Principal Act is amended by, in subsection (1), inserting before the term " Architect " and its meaning the following term and meaning:- " " Approved architectural company "-A body corporate for the time being approved by the Board under PART IIIA of this Act; ". 4. Amendment of s. 15 . Section 15 of the Principal Act is amended by, in subsection (1), omitting the words " thirty-first day of December of the last preceding " and inserting in their stead the words " first day of January of that ". 5. Amendment of s. 18 . Section 18 of the Principal Act is amended by- (a) omitting the expression " (1) " occurring immediately before the words " Subject to this Act "; (b) in paragraph (c), omitting all words after the words " approved by the Board," and inserting in lieu of those omitted words the words " or has passed examinations the equivalent of those referred to in paragraph (a) of this section conducted by a Board, institute or other body constituted or in existence outside Queensland approved by the Board;"; (c) omitting paragraph (d) and inserting in its stead the following paragraph:- " (d)_ satisfies the Board that he possesses the requisite skill for the practice of architecture and that he has had such practical experience in architectural work and the practice of architecture as may be prescribed, and passes the prescribed examination of the Board in Architectural Practice or an examination the equivalent of such examination conducted by a Board, institute or other body approved by the Board: Provided that a person who holds the certificate of Associate or Fellow of the Royal Australian Institute of Architects shall not be required to pass the prescribed examination or equivalent examination referred to in this paragraph unless the Board requires him to do so.". 6. New Part MA. The Principal Act is amended by inserting after section 27 the following heading and section:- PART IIIA-APPROVED ARCHITECTURAL COMPANIES 27A. Approval of body corporate as approved architectural company. (1) Subject to this Part, the Board may approve as an approved architectural company any body corporate if- (a) it is registered as a company under the Companies Act 1961-1971; (b) its articles of association provide that at all times- (i) at least two-thirds of the directors of the company shall be architects;

Architects Act Amendment Act 1971, No. 18 317 (ii) at least two-thirds of the total voting rights of all directors of the company entitled to vote at a meeting of directors of the company shall be held by architects; (iii) at least two-thirds of the total voting rights of all persons entitled to vote at a general meeting of members of the company shall be held by architects; (iv) the principal executive officer of the company shall be an architect; (v) a body corporate shall not be entitled to be a director of the company; (c) the person having the actual personal supervision and management of the business of the company at each place of business in the State is an architect and is resident in the State; (d) at the time when application for approval is made, at least two-thirds of the directors of the company are architects and no body corporate is a director of the company; (e) the application for approval is accompanied by an architect's professional indemnity insurance policy from an insurer licensed under The Insurance Acts 1960 to 1968 in the sum of $50,000 or such other sum, being not less than that sum, as may from time to time be prescribed. (2) Application to the Board for approval under subsection (1) of this section shall- (a) be made as prescribed; (b) be supported by such evidence as the Board may require; and (c) be accompanied by the prescribed fee and by the policy referred to in paragraph (e) of subsection (1) of this section.". 7. New ss. 27B and 27C. The Principal Act is amended by inserting after section 27A as inserted by this Act the following sections:- " 27B. Certificate of approval and renewal thereof . (1) Where the Board grants an approval pursuant to section 27A of this Act, it shall issue a certificate of approval as prescribed which shall take effect on and from the date of its issue and shall expire on the last day of February next following but may be renewed as herein provided. (2) Application to the Board by an approved architectural company for a renewal of its certificate of approval shall- (a) be made as prescribed on or before the first day of February in each year; (b) be supported by such evidence as the Board may require;

318 Architects Act Amendment Act 1971, No. 18 (c) be accompanied by the prescribed fee and by a certificate or other evidence of renewal of the policy hereinbefore referred to. (3) The Board may grant a renewal of a certificate of approval for a period of twelve months expiring on the last day of February in any year. 27C. Publication of approval . (1) The registrar shall, in the month of March in each year, transmit a list of approved architectural companies certified to be correct as at the first day of March of that year to the Minister who shall thereupon cause the same to be published in the Gazette as the " List of Approved Architectural Companies in Queensland for the year (the year in which it is published) ". (2) A copy of the Gazette containing such a list of approved architectural companies shall, upon its production in evidence, and until the contrary is proved, be sufficient evidence in all legal proceedings that the companies mentioned in the list are approved architectural companies for the year in question. (3) Where in any year a company is approved as an approved architectural company at a time which does not permit its name to be included in the list of approved architectural companies for that year, a certificate under the hand of the registrar that on any date or during any period referred to in the certificate, that company was an approved architectural company shall upon its production in evidence, and until the contrary is proved, be sufficient evidence in all legal proceedings of the matters stated therein. (4) Where in any year the approval of a company as an approved architectural company has been withdrawn and the name of that company appears on the list of approved architectural companies for that year, a copy of the Gazette containing a notification that the approval of that company has been withdrawn shall, upon its production in evidence, be conclusive evidence in all legal proceedings that that company ceased to be an approved architectural company from the date, or on and from the date, specified in the notification, as the case may be.". 8. New ss. 27D and 27E. The Principal Act is amended by inserting after section 27c as inserted by this Act the following sections:- " 27D. Returns by approved architectural companies . (1) Every approved architectural company shall, within one month after any person becomes or ceases to be a director, principal executive officer or member of the company, lodge with the registrar a notice stating that fact and the name and residential address of that person and whether he is an architect.

Architects Act Amendment Act 1971, No. 18 319 (2) Any approved architectural company which fails to comply with the provisions of this section or which lodges a notice under this section which is false or misleading in any material particular is guilty of an offence against this Act. 27E. Refusal to approve . If any application for approval as an approved architectural company or for the renewal of a certificate of approval under this Part of this Act is refused by the Board, the applicant may, within twenty-eight days after the date of notification of refusal by the Board, appeal to the Supreme Court against such refusal. Any such appeal shall be by way of re-hearing and the decision of the Court thereon shall be final and conclusive, and the Board shall give effect thereto.". 9. New ss. 27F and 27G. The Principal Act is amended by inserting after section 27E as inserted by this Act the following sections:- 1127F. Withdrawal of approval . (1) The Board may by notification published in the Gazette withdraw any approval granted under this Part of this Act if the Board is satisfied that, with respect to the approved architectural company,- (a) the company has ceased to be registered as a company under the Companies Act 1961-1971; (b) the articles of association of the company fail to provide at any time for any of the matters referred to in subparagraphs (i) to (v) of paragraph (b) of subsection (1) of section 27A of this Act; (c) less than two-thirds of the directors are architects; (d) less than two-thirds of the total voting rights of all directors entitled to vote at a meeting of directors are held by architects; (e) less than two-thirds of the total voting rights of all persons entitled to vote at a general. meeting of members are held by architects; (f) the principal executive officer is not an architect; (g) a body corporate is a director; (h) the person having the actual per3onal supervision and management of the business of the company at any place of business in the State is not an architect or is not resident in the State; (i) a director or other member of the company has an interest (other than his interest merely as a director or other member of the company) in a contract or

320 Architects Act Amendment Act 1971, No. 18 agreement for the construction of a building or buildings in relation to which the company is the architect unless the person on whose behalf the building is, or the buildings are, constructed or to be constructed has been notified of such interest; (j) the name of any director or member of or person employed by the company has been removed from the register pursuant to paragraph (c), (d), (e) or (f) of subsection (1) of section 22 of this Act; (k) the company has been convicted of an offence under subsection (6A) of section 28 of this Act. (2) Before the Board withdraws an approval pursuant to subsection (1) of this section, it shall call upon the approved architectural company to show cause why the approval should not be withdrawn, and, for that purpose, it shall notify such company of a date and time (not earlier than seven days after the service of that notification) and place when and where it may appear before the Board and show cause as aforesaid. (3) The approved architectural company may appear by counsel, solicitor or authorized agent. (4) Where the Board calls upon an approved architectural company to show cause why its approval should not be withdrawn, the Board may, by notification published in the Gazette, suspend the approval pending the completion of those proceedings, and, if it does so, then upon the completion of those proceedings, unless the Board withdraws the approval, the approval shall be revived on and from the date of completion of those proceedings. (5) Whilst a suspension of approval of an approved architectural company is in force, the approval shall for all purposes of this Act be deemed to have been withdrawn. (6) Where the Board withdraws an approval pursuant to this section , the approved architectural company may, within twenty-eight days after the date of notification of withdrawal in the Gazette, appeal to the Supreme Court against such withdrawal. Any such appeal shall be by way of re-hearing and the decision of the Supreme Court thereon shall be final and conclusive, and the Board shall give effect thereto. 27G. Surrender of certificate of approval . (1) Where the approval of an approved architectural company has been withdrawn or suspended pursuant to section 27F of this Act, such company shall, within fourteen days after the publication in the Gazette of that withdrawal or suspension, surrender to the Board any certificate of approval issued to it under this Act. (2) A company which fails to surrender a certificate of approval in accordance with subsection (1) of this section is guilty of an offence against this Act.

Architects Act Amendment Act 1971, No. 18 321 (3) Where a certificate of approval is surrendered to the Board consequent upon the suspension of the approval pursuant to subsection (4) of section 27F of this Act and the Board does not, upon the completion of the proceedings referred to in that subsection, withdraw the approval, the certificate shall, upon the completion of those proceedings, be re-issued by the Board. (4) The withdrawal or suspension, pursuant to section 27F of this Act, of an approval shall be effectual, notwithstanding any failure to surrender any certificate of approval.". 10. Amendment of s. 28. Section 28 of the Principal Act is amended by- (a) in subsection (2),- (i) inserting after the words " subject as hereinafter " the words in this section "; (ii) omitting all words commencing with the words " (c) a body or association of persons " to the end of the subsection and inserting in their stead the following paragraphs:- (c) an unincorporated body or association of persons consisting wholly of persons being architects; or (d) an approved architectural company."; (b) inserting after subsection (2) the following subsection:- " (2A) Paragraphs (a) and (b) of subsection (2) of this section shall not apply to a body corporate carrying on business as an architect at the commencement of the Architects Act Amendment Act 1971 until a date to be fixed by the Governor in Council by Proclamation published in the Gazette."; (c) in subsection (5), inserting in paragraph (b) after the words architectural assistant " " the words ", " architectural technician " "; (d) inserting after subsection (6) the following subsection:- " (6A) An approved architectural company shall not take, use or adopt in connexion with architecture or the practice of architecture any name other than its name as shown in the certificate of approval issued to it pursuant to section 27B of this Act.". 11. Amendment of s. 30 . Section 30 of the Principal Act is amended by, in subsection (3), inserting after the words " hearing any charge " the words " or in any show cause proceedings ". 12. Amendment of s. 37. Section 37 of the Principal Act is amended by, in subsection (1),- (a) inserting after paragraph (g) the following paragraph:- (h) regulating the conduct of show cause proceedings under section 27F of this Act; "; (b) relettering paragraphs (h), (i), (j), (k) and (I) as paragraphs (i), (j), (k), (1) and (m) respectively. 11

322 Architects Act Amendment Act 1971, No. 18 13. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELA TING T O DECIMAL , CURRENCY [s. 13] Provisions to be amended Omit Insert Section 24 (1) Section 28 (7) Section 29 (2) Section 30 (2) Section 31 Section 35 (3) Section 37 (1) (1) fifty pounds one hundred pounds one hundred pounds fifty pounds one hundred pounds one hundred pounds fifty pounds $100 $200 $200 $100 $200 $200 $100