Architects Act of 1962 (Qld)

200 ANNO UNDECIMO E .. L .. I . Z .. A .. B .. E .. T . H ... A . E ' ... S .. E . C .. U ... N .. D .. A .. E .... R .. E . G .. I . N ... A .. E . No. 25 of 1962 An Act to consolidate and amend the law relating to the registration and practice of Architects; and for purposes incidental thereto [ASSENTED TO 13TH DECEMBER, 1962] 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:- PART I-PRELIMINARY 1. Short title. This Act may be cited as "The Architects Act of 1962." 2. Commencement. This Act shall come into operation on a day to be fixed by Proclamation of the Governor in Council published in the Gazette. 3. Division of Act into Parts, &c. This Act is divided into Parts, Divisions and a Schedule as follows:- PART I-PRELIMINARY (ss. 1-5); PART II-THE BoARD (ss. 6-13); PART III-REGlSTRATION OF ARCHITECTS; Division I-The Register (ss. 14-16); Division 11-Admission to Register (ss. 17-21);

Architects Act of 1962, No. 25 Division III-Removal from Register (ss. 22-24); Division IV-Restoration to Register (ss. 25-26); Division V-Continuation of name of deceased Architect (s. 27); PART IV-PROHIBITED PRACTICES (s. 28); PART V-MISCELLANEOUS (ss. 29-38); SCHEDULE. 201 4. Repeals and Savings. "The Architects Act of 1928" (hereinafter in this Act referred to as " the repealed Act ") is hereby repealed: Provided that, but without limiting the generality of " The Acts Interpretation Acts, 1954 to 1962 "- (a) unless otherwise expressly prescribed, every Proclamation, Order in Council, regulation, rule, approval, authority, certificate, direction, notification, order, permission, prohibition, refusal, registration, removal, suspension, or other act of authority made, granted, issued, done, or otherwise originated under the repealed Act shall, subject as hereinafter provided, continue in force for the purposes of this Act as fully and effectually as if it had originated under the corresponding provision of this Act (and shall, where necessary. be deemed to have so originated) until it expires by effluxion of time or is rescinded, repealed, revoked, cancelled, suspended, or otherwise determined under this Act: Provided that every such Proclamation, Order in Council, regulation, rule, approval, authority, certificate, direction, notification, order, permission, prohibition, refusal, registration, removal, suspension, or other act of authority shall be read and construed subject to this Act; (b) all proceedings and things commenced or had or done by the Governor in Council, or by the Minister, or by the Board of Architects of Queensland constituted under the repealed Act. or by the registrar appointed for the purposes of the repealed Act, or by any other body or person under and in pursuance of the repealed Act, may be continued and completed and shall be and continue to be of the same force and effect to all intents and purposes as if no such repeal had taken place; (c) all moneys, including fees which, having accrued due under the repealed Act, are at the commencement of this Act due or payable to or recoverable by the Board of Architects of Queensland constituted under the repealed Act, or any other body or person, shall be and continue to be so due, payable and recoverable. and may be paid to and received and recovered by the corresponding body or person established or appointed under this Act; and, moreover, any moneys standing as at the date of the commencement of this Act to the credit of the Board of Architects of Queensland constituted under the repealed Act shall be held to the credit of the Board constituted under this Act;

202 Architects Act of 1962, No. 2S (d) all penalties and forfeitures (including disciplinary punishments) imposed under the repealed Act and incurred at the commencement of this Act shall be enforceable and may be enforced as if this Act had not come into operation: Provided that any such disciplinary punishment may be enforced under this Act; (e) all actions and proceedings of whatever nature commenced or pending at the commencement of this Act under the repealed Act may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained; (f) where in any Act reference is made to any provision of the repealed Act, it shall be taken, unless the context otherwise indicates or requires, that such reference is to the corresponding provision of this Act, and such enactment shall be read and construed accordingly; (g) any register, book, document, certificate or writing made evidence under the repealed Act shall continue evidence to the same extent as if this Act had not come into operation; (/,) the Architects Roll of Queensland last published in the Gazette under the repealed Act shall, subject to this Act, continue to be the list of persons registered in Queensland as architects until the date of the publication under this Act of che first annual Architects Roll of Queensland; and (i) all instruments, documents, records, correspondence, and all books and writings the property of the Board of Architects of Queensland constituted under the repealed Act shall be the property of the Board constituted under this Act. 5. Interpretation. (1) Without limiting the operation of "The Acts Interpretation Acts, 1954 to 1962," in this Act, unless the context otherwise indicates or requires, the following terms have the meanings set against them respectively, that is to say:- "Architect"-A person registered as an architect in accordance with this Act and whose name, at any material time, remains upon the register; "Architecture" does not include naval architecture, golf course architecture, landscape architecture, or such other form of architecture as the Governor in Council declares shall, for the purposes of this Act, not be included in the term "architecture''; "Board"-The Board of Architects of Queensland constituted under this Act; "Chairman"- The chairman of the Board: Where applicable the term includes a member acting in accordance with this Act as chairman of the Board; "Member"-A member of the Board: The term where applicable includes a person appointed under this Act to act temporarily as a member, or as a deputy for a member, of the Board; "Minister"-The Minister for Public Works and Local Government, or other Minister of the Crown for the time being charged with the administration of this Act;

Architects Act of 1962, No. 25 "Person" includes any body or association of persons, whether corporate or unincorporate; "Register"-The Register of Architects kept under this Act; "Registrar"-The registrar of the Board appointed under this Act: The term includes any person appointed to act in, or for the time being performing the duties of the office of registrar of the Board; "Rules"-The rules set forth in the Schedule to this Act: The term includes the rules as modified pursuant to this Act. (2) The Governor in Council may from time to time by Order in Council declare that for the purposes of this Act, the term "architecture" as defined in this Act shall not include any form of architecture specified in the Order in Council. 203 PART JI-THE BoARD 6. Board of Architects of Queensland. (I) For the purposes of this Act there shall be a Board, to be called the "Board of Architects of Queensland," constituted as hereinafter provided. The Board of Architects of Queensland constituted under the repealed Act and in existence immediately prior to the commencement of this Act shall continue and shall be and remain the Board of Architects of Queensland for all the purposes of this Act. (2) The Board shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name. 7. Constitution of the Board. (1) The Board shall consist of six members appointed by the Governor in Council, as follows:- (o) three members to be nominated by the Minister, one of whom shall be representative of a prescribed school of architecture; (b) one member who shall be the President for the time being of the Queensland· Chapter of the Royal Australian Institute of Architects (or any other Institute which may hereafter be substituted therefor); and (c) two members who shall be architects, and who shall be elected by the architects of Queensland in the manner prescribed. (2) The Governor in Council shall appoint the chairman of the Board who shall be one of the members nominated by the Minister as aforesaid. (3) The chairman and every other member of the Board of Architects of Queensland constituted under the repealed Act holding office as such immediately prior to the commencement of this Act, shall be and remain the chairman, or a member, as the case may be, of the Board in all respects as if appointed to his respective office under this Act, until his office becomes vacant in accordance with this Act. (4) Without limiting the provisions of section thirty-seven of this Act as to the making of regulations, the Governor in Council may, on the passing of this Act, make any regulations which may be necessary or convenient for the due constitution of the Board.

204 Architects Act of 1962, No. 25 Without limiting the generality of the foregoing prov1s1ons such regulations may provide for the election of the elective members of the Board, and the procedure in connection with the taking of any such election. Until the Governor in Council makes regulations pursuant to this subsection, the regulations under the repealed Act dealing with all or any of the aforementioned matters shall continue in force as fully and effectually as if made pursuant to this subsection. (S) (a) If at any time the President for the time being of the Queensland Chapter of the Royal Australian Institute of Architects (or any other institute which may hereafter be substituted therefor) refuses or fails to act as a member of the Board (not being absent on official leave from such Institute as referred to in paragraph (c) of subsection (2) of section eleven of this Act) the Governor in Council may appoint any person to be a member of the Board in lieu of such President. (b) lf the architects of Queensland refuse or fail to elect any of their representatives to the Board as prescribed, the Governor in Council may, without nomination or election, appoint any person to be a member of the Board in lieu of such representative. (c) If at any time any member elected as representative of the architects of Queensland as prescribed refuses or fails to act as a member of the Board, otherwise than in. the circumstances referred to in paragraph (a) or (b) of subsection (2) of section eleven of this Act, then- (i) if such refusal or failure to act occurs not later than six months prior to the date when the term of office of such member would, pursuant to this Act, expire, the Governor in Council may appoint some other architect, who shall be elected by the architects of Queensland in the manner prescribed, to be a member of the Board in lieu of such firstmentioned member to hold office as such for the balance of the term of office remaining; or (ii) in any other case, the Governor in Council may, without nomination or election, appoint any person to be a member of the Board in lieu of such firstmentioned member, to hold office as such for the balance of the term of office remaining. (d) Any person appointed as a member of the Board pursuant to this subsection shall for all the purposes of this Act be deemed to have been duly appointed as a member of the Board. 8. Business of the Board. Subject to this Act the Board shall meet at such times and conduct its business in such manner as it may decide or as may be prescribed. 9. Rules in the Schedule. The rules set forth in the Schedule to this Act shall apply to the business and proceedings of the Board, examinations, and certificates, and the several matters referred to therein, and such rules shall be observed by the Board and by all persons concerned: Provided that such rules shall not be read or construed so as to prevent or limit the making of regulations for the purpose of giving full effect to this Act, but where any regulation under this Act conflicts with any of the provisions of the rules, the rules shall prevail.

Architects Act of 1962, No. 25 The Governor in Council may from time to time by Order in Council modify such rules by repealing or amending any of such rules, or making any new rule. 10. Tenure of office and remuneration of members. (1) The members of the Board other than the President for the time being of the Queensland Chapter of the Royal Australian Institute of Architects (or any other Institute which may hereafter be substituted therefor) shall hold office for a term of two years, but shall be eligible for re-appointment, or re-election and re-appointment, as the case may be: Provided that the Governor in Council may at any time, for sufficient cause, remove any member. (2) (a) In the case of any member of the Board elected as representative of the practising Architects of Queensland under the repealed Act and holding office immediately prior to the commencement of this Act, the term of office of such member shall, subject to this Act, expire on the date on which it would have expired if this Act had not come into operation. (b) Notwithstanding the provisions of subsection (I) of this section, in the case of any member of the Board nominated by the Minister as a representative of the Government under the repealed Act and holding office immediately prior to the commencement of this Act, the term of office of such member shall, subject to this Act, expire on a date to be fixed by the Governor in Council. (3) If the office of a member becomes vacant during his term of office, a successor shall be appointed in accordance with this Act for the balance of the term of office remaining. (4) Each member of the Board shall receive such fees and allowances, if any, as may from time to time be prescribed. 11. Vacancies. (1) The office of a member of the Board shall become vacant if he- (a) dies or becomes mentally sick; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; (c) is absent without leave of the Board from three consecutive ordinary meetings of which due notice has been given him either personally or by post; (d) resigns his office by writing under his hand addressed to the Minister; or (e) is removed from office by the Governor in Council: Provided that the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the registrar shall record the name of any member who so attends. (2) (a) If at any time any member is from illness, absence or other proper cause prevented from attending any meeting of the Board, the Minister may appoint some person to act temporarily as a member in his room, and while so acting such person shall have all the powers of and be deemed to be a member of the Board. 205

206 Architects A.ct of 1962, No. 2S (b) If at any time any member is likely, from any proper cause, to be absent from meetings of the Board for more than four months, the Governor in Council may appoint a deputy to act in the room of such member during his absence, and while so acting such person shall have all the powers of and be deemed to be a member of the Board. (c) If at any time the President for the time being of the Queensland Chapter of the Royal Australian Institute of Architects (or any other Institute which may hereafter be substituted therefor) is absent on official leave granted by such Institute, the Minister may appoint the person for the time being acting in his room as President of such Institute as a member of the Board in the room of such President during hls absence, and while so acting such person shall have all the powers of and be deemed to be a member of the Board. (d) In the event of the absence of the chairman from any meeting of the Board the Minister may appoint one of the other members to act as chairman, and while so acting such other member shall have all the powers of and be deemed to be the chairman of the Board. (e) In the event of the absence of both the chairman and any other member appointed by the Minister pursuant to the last preceding paragraph from any meeting of the Board, one of the remaining members, being a member nominated by the Minister pursuant to paragraph (a) ofsubsection (1) of section seven of this Act, shall act as chairman, and while so acting such member shall have all the powers of and be deemed to be the chairman of the Board. 12. Registrar and other officers. (1) The Governor in Council may appoint a registrar of the Board and fix the remuneration to be paid for his services: Provided that, in fixing such remuneration, the Governor in Council shall have regard to any recommendation made in that behalf by the Board. (2) The Board may appoint such other officers as it thinks necessary to give effect to this Act, and may pay such other officers such remuneration as the Board thinks fit. All such other officers shall hold office during the pleasure of the Board. (3) The persons appointed as registrar of the Board of Architects of Queensland and officers under the repealed Act and holding office as such immediately prior to the commencement of this Act shall without further or other appointment be and remain the registrar and officers respectively under and subject to this Act in all respects as if they had been appointed to their respective offices under this Act. 13. Funds of Board. (1) All moneys received by or on behalf of the Board, including fees and penalties, shall be paid into the funds of the Board. (2) The remuneration of the registrar and other officers appointed under this Act, and all other expenses of and incidental to the administration of this Act, shall be paid by the Board out of its funds. (3) Any surplus moneys of the Board which are not required for the purposes of the last preceding subsection may be expended by the Board for the purposes of the advancement of architecture in such manner as it may determine.

Architects Act of 1962, No. 25 207 PART Ill-REGISTRATION OF ARCHITECTS Division I-The Register 14. Keeping of register. (1) There shall be a Register of Architects, to be kept as prescribed. The Register of Architects kept under the repealed Act shall continue and shall be and remain the Register of Architects for all the purposes of this Act. (2) The registrar shall enter in the register- (a) the full name and address of every person registered as an architect; (b) the date and description of the qualification in respect of which such registration is granted; and (c) such other particulars as may be prescribed. 15. Architects Roll. (1) The registrar shall, in the month of January in each year, transmit a copy of the register certified to be correct as at the thirty-first day of December of the last preceding year to the Minister who shall thereupon cause the same to be published in the Gazette as the "Architects Roll of Queensland for the year ", followed by the number of the year in which it is published. (2) A copy of the Gazette containing such Roll shall, upon its production in evidence, and until the contrary is proved, be sufficient evidence in all legal proceedings that the persons mentioned on the Roll contained therein, and no others, are registered as architects for the year in question: Provided that, in the case of a person whose name does not appear on such Roll, a certificate under the hand of the registrar that on any date or during any period mentioned in the certificate such person was registered as an architect shall, upon its production in evidence, be sufficient evidence of the matters stated therein: And provided further that, in the case of a person whose name appears on such Roll, a copy of the Gazette containing a notification that such person's name has been removed from the register, or that the registration of such person as an architect has been suspended shall be conclusive evidence of such removai or suspension. 16. Roll fee. (1) Every person who is registered as an architect shall, upon registration and in respect of the year of registration, pay to the registrar the prescribed roll fee for that year: Provided that any such person who is registered subsequent to the first day of October in any year shall, upon registration, and in addition to the prescribed roll fee for the year of registration, pay to the registrar the prescribed roll fee for the year commencing on the first day of January next following the date of registration of that person. (2) Every architect shall, on or before the first day of October in each year pay to the registrar the prescribed roll fee for the year commencing on the first day of January next following.

208 Architects Act of 1962, No. 2S (3) Every person registered as an architect under the repealed Act and whose name remained on the register immediately prior to the commencement of this Act, shall, on or before the first day of October, one thousand nine hundred and sixty-three, and in addition to the prescribed roll fee referred to in the last preceding subsection, pay to the registrar the prescribed roll fee for the year one thousand nine hundred and sixty-three. (4) If any architect fails to pay the prescribed roll fee or prescribed roll fees in accordance with subsection (2) or (3) of this section, the registrar shall forthwith notify him by registered letter addressed to him at the address appearing in the register that if such fee, or fees, as the case may be, is or are not paid to the registrar on or before the first day of December next following, the Board may remove his name from the register. If any architect fails to pay such fee, or fees, as the case may be, on or before the said first day of December next following, the Board may remove his name from the register. Such a removal shall take effect as on and from the first day of January next following the date of such removal, and shall be published in the Gazette as soon as practicable after such first day of January. Division II-Admission to Register 17. Good character and age. No person shall be entitled to be registered under this Act as an architect unless he has attained the age of twenty-one years and satisfies the Board that he is of good fame and character. 18. Qualifications for registration. (1) Subject to this Act, a person shall be entitled to be registered under this Act as an architect who- (a) has passed the prescribed examinations; or (b) holds a prescribed degree, diploma, certificate, or license of competency from some university, institute, college, or school of Queensland approved by the Board; or (c) holds a prescribed degree, diploma, certificate, or license of competency from some university, institute, college, or school outside Queensland approved by the Board, and also satisfies the Board by examination or otherwise that he possesses the requisite knowledge and skill for the practise of architecture; and (d) satisfies the Board that he has had such practical experience in architectural work and the practice of architecture as may be prescribed. 19. Application for registration. (1) Application to the Board for registration shall- (a) be made as prescribed; (h) be supported by such evidence as the Board may require; and (c) be accompanied by- (i) the prescribed registration fee; (ii) the prescribed roll fee or roll fees referred to in subsection (1) of section sixteen of this Act; and (iii) the prescribed certificate fee.

Architects Act of 1962, No. 25 (2) Where the Board refuses any application for registration all fees which accompanied the application shall be refunded. 209 20. Certificates of registration. Where the Board grants an application for registration it shall issue a certificate of registration as prescribed. 21. Refusal to register. If any application for registration is refused by the Board upon any ground other than the ground that the applicant has not passed the prescribed examination, the applicant may appeal to the Supreme Court against such refusal. 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. Division III- Removal from Register 22. Removal of names from the register. (1) The Board may, in addition to the powers given to the Board under section sixteen of this Act, remove from the register the name of any person- (a) who dies or becomes mentally sick; (b) who does not possess the qualifications in respect of which he was registered; (c) who has been convicted of an offence against subsection (6) of section twenty-eight of this Act; (d) who has been convicted in Queensland of an indictable offence, or has been convicted elsewhere than in Queensland of an offence which, if it were committed in Queensland, would be an indictable offence; or has been convicted in Queensland or elsewhere of any other offence which in the opinion of the Board renders him unfit to practise as an architect; (e) whose registration was obtained by fraud or misrepresentation; or (/) who is, after due enquiry pursuant to subsection (2) of this section, adjudged by the Board to have been guilty of misconduct in a professional respect, or ofhabitual drunkenness, and whose name has been directed by the Board to be removed from the register. (2) Before the name of any person is removed from the register pursuant to paragraphs (b), (c), (d), (e) or (D of subsection (1) of this section, the Board shall charge the person with the offence concerned and shall, if so required by the person charged, sit on the hearing of such charge in an open court, and the person charged shall be afforded an opportunity of defence either in person or by his counsel or solicitor. Upon making any such charge the Board may, if it thinks fit, order that the registration of such person be suspended pending the determination by the Board of such charge.

210 Architects Act of 1962, No. 2S (3) Where an architect is adjudged by the Board, pursuant to subsection (2) of this section, to have been guilty of misconduct in a professional respect, or of habitual drunkenness, the Board may by order- (a) reprimand or caution him; (b) suspend his registration for a period not exceeding twelve months; or (c) direct that his name be removed from the register. (4) While an order of suspension of registration remains in force then, for all the purposes of this Act the person whose registration is suspended shall be deemed not to be registered as an architect and his name shall be deemed to have been removed from the register. Forthwith upon the expiry of the period of suspension, but subject in every case to any further order made by the Board under the last preceding subsection, and to the provisions of section sixteen of this Act, the rights and privileges as an architect of such person shall be revived as from the date of such expiry. (5) For the purposes of this Act the term "misconduct in a professional respect " does not include any conduct which, either from its trivial nature or from the surrounding circumstances, should not in the public interest disqualify a person from practising architecture. (6) Any suspension of registration or removal from the register of the name of any person shall be published in the Gazette. (7) Where- (a) the name of any person is, pursuant to this section, removed from the register; or (b} the registration of any person is, pursuant to subsection (3) of this section, suspended, that person may appeal to the Supreme Court against such removal or, as the case may be, suspension. 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. 23. Code of profemonal conduct of architects. The Board may, from time to time, as a guide to the standard of professional conduct expected of architects, compile a Code of Professional Conduct of Architects. Such Code shall be submitted to the Governor in Council for approval and, on approval, shall be published in the Gazette. The production in evidence of a copy of the Gazette containing a Code of Professional Conduct of Architects shall be sufficient evidence of the compiling of such Code by the Board, and of the approval of the Governor in Council thereto, and of the matters contained in such Code. 24. Surrender of certificate of registration. (1) Any person whose name has been removed from the register pursuant to section sixteen or twenty-two of this Act, or whose registration has been suspended under sub:11ection (3) of section twenty-two of this Act shall, within fourteen days from the publication in the Gazette of such removal or suspension, surrender to the Board any certificate issued to such person under this Act.

Architects Act of 1962, No. 25 Any person who fails to surrender a certificate in accordance with this subsection shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding fifty pounds. (2) Where a certificate is surrendered to the Board consequent upon the suspension of the registration of any person under subsection (3) of section twenty-two of this Act, such certificate shall, forthwith upon the expiry of the period of suspension, but subject in every case to the provisions of section sixteen of this Act, be re-issued by the Board. (3) The removal of the name of any person from the register pursuant to section sixteen or twenty-two of this Act, and an order of suspension of registration of any person under section twenty-two of this Act shall be effectual, notwithstanding any failure to surrender any certificate. 211 Division IV-Restoration to Register 25. Restoration of name ofarchitect to register. (I) Where the Board, pursuant to section sixteen of this Act, removes from the register the name of any person, the Board may, upon application in writing made in that behalf, restore his name to the register either without payment of any fee, or conditional upon the payment of such fees as the Board may direct. (2) Where the Board removes the name of any person from the register pursuant to section twenty-two of this Act, the name of that person shall not be again entered on the register except- (a) by order of the Supreme Court; or (b) in any other case, by direction of the Board in any case where the Board, upon application in writing made in that behalf, thinks fit so to direct: In such a case the Board may restore the name of the person concerned without payment of any fee, or conditional upon the payment of such fees as the Board may direct. (3) Where the Board restores the name of any person to the register pursuant to subsection (1) of this section or to paragraph (b) of subsection (2) of this section, the Board shall not direct the payment of fees exceeding in any case the fees which would have been payable by the person concerned upon an application for registration under section nineteen of this Act. 26. Re-issue of certificate of registration. Where the name of any person is, in accordance with this Act, restored to the register, the Board shall re-issue to such person the certificate of registration as prescribed. Division V-Continuation of name of deceased Architect 27. Continuation of name of deceased architect. (1) Notwithstanding any other provision of this Act, upon the death of an architect the Board may permit his name to remain upon the register, and may authorise his executor, administrator, or trustee to carry on in the name of the deceased architect the practice formerly carried on by him, provided that the practke shall be carried on under the personal superintendence of an architect whose name shall be registered as superintendent of the practice.

212 Architects Act of 1962, No. 25 (2) Any such permission and authority shall, in the first instance, be limited to a period not exceeding twelve months, but may from time to time be extended by the Board for a further period or periods not exceeding twelve months at any one time: Provided that the Board may, at any time, if it thinks fit, withdraw any such permission and authority and remove from the register the name of such deceased architect. (3) Notwithstanding any other provision of this Act, the decision of the Board to withdraw any such permission and authority and the removal by the Board from the register of the name of such deceased architect shall be final and conclusive and shall not be subject to any appeal. PART IV-PROHIBITED PRACTICES 28. Prohibited practices. (1) No person shall take or use or by inference adopt in connection with architecture, or the practice of architecture (and whether alone or in conjunction with any other name, title, word or letter) any name, title, or letters implying, or which may be construed as implying that he is qualified or entitled to registration as an architect, or is qualified to practise architecture, other than such name, title, or letters as truly indicates a qualification which he in fact holds. (2) No person other than an architect shall- (a) advertise or hold himself out as being or in any manner pretend to be or to possess the status of an architect; or (b) in connection with architecture take or use or by inference adopt (either alone or in conjunction with any other name, title, word, or letter)- (i) the title "architect", or any abbreviation or derivative thereof; or (ii) any name, title, or letters implying or which may be construed as implying that he is an architect or is qualified to practise architecture. But the aforegoing provisions of this subsection, subject as hereinafter provided, shall not apply in the case of- (c) a body or association of persons, whether corporate or unincorporate, consisting wholly of persons being architects; or (d) a body corporate where the managing director, or manager, or person having the management and supervision or management or supervision of the business thereof relating to the practice of architecture is an architect: Provided that in respect of both paragraphs (c) and (d) of this subsection- (e) all architectural work carried on by any such body or association of persons is and shall be carried on under the actual personal supervision and management of an architect; and (/} the name or names of the aforesaid architects concerned is or are and shall be set forth on every advertisement, sign-board, label, invoice, or other document in which such name, title or letters is or are used by such body or association of persons.

Architects Act of 1962, No. 25 (3) Any person who advertises or holds himself out as being or in any manner pretends to be or to possess the status of, or takes or uses or by inference adopts (either alone or in conjunction ·with any other name, title, word or letter), the name, title or letters of "consultant" or "designer" (or of any word or words which may be construed to imply that he is a "consultant" or a "designer") with respect to architecture, shall, if he is not an architect, be deemed to hold himself out as being an architect. (4) Any person who advertises or exhibits any degree, diploma, certificate, membership, license, letters, testimonial or any title, status or document, or takes or uses any letters (either alone or in conjunction with any title, word or letters) which may be construed to imply that he is an architect or is qualified to practise architecture, shall, if he is not an architect, be deemed to hold himself out as being an architect. (5) Nothing contained in subsections (2), (3) or (4) of this section shall be read so as to- (a) apply to any person- (i) with respect to the practice of architecture by that person as an officer of the Public Service of Queensland or of the Commonwealth, or as an officer or employee of any statutory authority constituted for public purposes; or (ii) with respect to the practice by that person of naval architecture, golf course architecture or landscape architecture, or any other form of architecture referred to in an Order in Council made by the Governor in Council pursuant to subse!=tion (2) of section five of this Act, or (b) prevent any employee of an architect from using the title "architectural assistant" or "architectural draftsman"; or (c) prevent any person from using the term "architectural" bona fide to indicate that he carries on the business of the supply of wares, instruments, or materials, used in connection with architecture; or (d) prevent any engineer, builder, or other person from designing or superintending the erection of any building: Moreover, nothing in this Act shall debar any person, by reason only that he is not an architect, from obtaining from any Local Authority any permit required for the erection or the supervision of the erection of any work, undertaking, structure, or building, or from designing, erecting or supervising the erection of any work, undertaking, structure, or building. (6) No architect shall accept any commission or substantial service or favour or benefit from any person who has offered or contracted to execute or who is engaged in the execution of any work in connection with any building designed or supervised by such architect, or from any person who has offered or agreed to supply any materials, fittings or appliances to be used in or in connection with such building. (7) Any person who contravenes or fails to comply with any of the provisions of this section shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding one hundred pounds. 213

214 Architects Act of 1962, No. 25 PART V-MISCELLANEOUS 29. Power of Board to examine on oath. (1) The Board may, for the purposes of this Act, examine any person on oath or affirmation, or take a statutory declaration from any person. (2) If any such person wilfully makes any false statement or declaration, or utters or attempts to utter or put off as true any false, forged, or counterfeit degree, diploma, certificate, license, letter, testimonial, or other document, he shall be guilty of an offence against this Act and shall be liable to imprisonment for a term not exceeding six months, or to a penalty not exceeding one hundred pounds. 30. Power of Board to summon witnesses. (1) The chairman of the Board or, by consent of a majority of the members present at any meeting of the Board, a member may in writing under his hand summon any person to attend before the Board for the purpose of being examined with respect to any matter within the jurisdiction of the Board. (2) Any person duly summoned as aforesaid who, having been paid or tendered reasonable expenses, fails to attend as summoned, or who refuses to be sworn or to make an affirmation, or to make a statutory declaration, or to answer any lawful question, shall be guilty of an offence against this Act and shall be liable to a penalty not exceeding fifty pounds. (3) The Board shall, in making any investigation into any matter or holding any inquiry or hearing any charge under this Act, have all the powers, authority, protection and jurisdiction of a Commission of Inquiry under "The Commissions of Inquiry Acts, 1950 to 1954," save any such powers, authority, protection and jurisdiction as are, by those Acts, confined to the chairman, being a Judge of the Supreme Coun. 31. Penalty for forging registration. Any person who wilfully makes or causes to be made any false entry in or falsification of the register, and any person who wilfully procures or attempts to procure himself or any other person to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing, and any person aiding or assisting therein shall be guilty of an offence against this Act and shall be liable to imprisonment for a term not exceeding six months or to a penalty not exceeding one hundred pounds. 32. Board to publish statement of receipts and disbursements. The Board shall, as soon as practicable after the thirtieth day of June in each year, publish in the Gazette a statement made up to that date, showing the receipts and disbursements of the Board dur:ng the preceding year, certified as correct by the Auditor-General. 33. Evidence. (1) In any proceeding by or on behalf of the Board under this Act it shall not be necessary to prove the appointment or election of the members, chairman, or registrar of the Board.

Architects Act of 1962, No. 25 (2) A writing certified by the registrar to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration, statement, document, or writing of any nature whatsoever in the custody of the Board or of the registrar or of any other officer of the Board shall, upon its production in evidence, and until the contrary is proved, be sufficient evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original. 34. Board may sue, &c. The Board may, in its own name, by the registrar, or by any person thereunto authorised by the chairman, institute, carry on, prosecute and defend any action, complaint, information, or proceeding whatsoever. 215 35. Offences. (I) All offences against this Act may be prosecuted, and all fees due and payable under this Act may be recovered, in a summary way under ..The Justices Acts, 1886 to 1960," upon the complaint of any person authorised by the chairman. (2) Proceedings for an offence against this Act may be instituted at any time within twelve months after the commission of the offence, or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later. (3) Any person who contravenes or fails to comply with any of the provisions of this Act shall be guilty of an offence against this Act. Any person guilty of an offence against this Act shall be liable, if no specified penalty is prescribed for that offence, to a penalty not exceeding one hundred pounds. (4) All penalties and fees recovered by the Board under this Act shall be paid to the Board and become part of its funds. 36. Judicial notice. For the purposes of this Act the signatures of the chairman and the registrar shall be judicially noticed. 37. Regulations. (I) The Governor in Council may, from time to time, make such regulations, not inconsistent with this Act, prescribing all matters and things which are necessary or convenient for carrying out or giving effect to this Act, and without limiting the generality of the foregoing provisions of this subsection, in particular-- (a) regulating the appointment and election of members; and the proceedings of the Board; and prescribing the fees and allowances, which may be paid to members of the Board in relation to the exercise of their powers and duties under this Act, and including fees for attendance at meetings of the Board and reasonable travelling expenses; (b) regulating the duties of the registrar and other officers; (c) prescribing what schools of architecture shall be recognised by the Minister for the purpose of representation on the Board; (d) prescribing what degrees, diplomas, certificates, licenses, or other documents shall be recognised by the Board;

216 Architects Act of 1962, No. 25 (e) prescribing the appointment of examiners, and regulating the holding of examinations and prescribing the standards of, subjects of, and fees for such examinations; (f) prescribing the practical experience in architectural work and the practice of architecture required of an applicant for registration as an architect; (g) regulating the conduct of proceedings in connection with charges against architects preferred by the Board under section twenty-two of this Act; (h) prescribing fees payable under this Act; and including fees for inspection of any register or record, and for the making and supply of any copy thereof or extract therefrom; (i) prescribing forms to be used for the purpose of this Act; U) prescribing the manner of keeping of the register; (k) prescribing the amount of any penalty for any breach of the regulations, which penalty shall not exceed in any particular case fifty pounds; and (/) prescribing all matters and things required or permitted by this Act to be prescribed. (2) Regulations may be made under this Act at any time after the passing hereof. (3) The power to make regulations under this Act with respect to any matter or thing shall include power to make regulations prohibiting that matter or thing either generally or to meet particular cases. 38. Publfcadon of Prodamadoas, &c. (1) Every Proclamation, Order in Council and regulation made under this Act shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii) take effect from the date of such publication unless, in the case of any Order in Council or regulation, a later date is specified in that or in any other Order in Council or regulation for its commencement when in such event it shall take effect from that later date; and (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council or regulation has been laid before it disallowing such Proclamation, Order in Council or regulation, or part thereof, that Proclamation, Order in Council or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making ofa further Proclamation, Order in Council or regulation.

Architects Act of 1962, No. 25 217 THE SCHEDULE l. Votes at electioas. (1) In the case of the election of the representatives of the architects, each architect shall have one vote only. (2) The registrar shall be the returning officer at any election. (3) If at any time prior to or during the conduct of any election it appears to the Governor in Council that the registrar is or will be by reason of illness, absence from Brisbane, or other cause unable to perform some or all of the duties of returning officer in connection with an election the Governor in Council may appoint some person to perform all duties which, but for such illness, absence, or other cause should be performed by the registrar as returning officer. Upon such appointment the person appointed shall, during the illness, absence, or inability of the registrar do and perform all acts, matters and things which the registrar is by or under this Act required or authorised to do or perform as returning officer, and in respect of the doing or performance of every such act, matter and thing, shall be deemed to be the returning officer at the election. 2. Dudes of the Board. The duties of the Board shall be- (a) to co-operate with the Department of Public Works, the Department of Education, and any other Government Department of Queensland, and with the University of Queensland, on all matters relating to architectural education; (b) to conduct examinations for certificates of registration and to issue such certificates; (c) to make such public notification as to the granting of registration as the Minister may direct; and (d) to carry out such other duties as may be prescribed or as the Minister may from time to time require. 3. The chairman. The chairman shall act as executive officer of the Board. 4. 'lbe registrar. The registrar shall keep minutes of meetings of the Board, issue notices of meetings, conduct correspondence, keep records of examinations and of the issue, cancellation, and suspension of certificates, and perform such other duties pertaining to the business of the Board as the Board may direct. 5. Meetings of the Board. (1) A meeting of the Board shall be held at least once in every two months. (2) Notice of the time and place of meeting, and of the business to be transacted by the Board thereat, shall be given to all members at least seven days before the date of the meeting. (3) The chairman shall presid: at every meeting at which he is present. (4) The business transacted at any meeting shall be that specified in the notice. (5) Any four members shall form a quorum. (6) A special meeting for any particular purpose may be called by the chairman at his discretion or when he is requested by two or more members to call such a meeting. If the chairman fails to call a special meeting after such a request, any two members of the Board may call such a meeting by a notice signed by themselves.

218 Architects Act of 1962, No. 25 Such notice shall state the time and place of meeting and the business to be transacted thereat, and shall be aiven to members at least seven days before the date of such meetina. The business transacted at any special meeting shall be that specified in the notice. (7) At any meeting of the Board, if a quorum is not present within fifteen minutes after the notified hour of meeting, that fact and the names of the members present shall be recorded by the registrar in the minute book. (8) All powers vested in the Board may be exercised by a majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open votina. Upon any question the chairman shall have a vote, and if the members arc equally divided he shall have a second or casting vote. If any member refuses to vote, his vote shall be counted for the negative. (9) The order of business at any meeting shall be- (a) reading of minutes; (b) reading of correspondence; (c) consideration of applications for examination; (d) consideration of certificates; (e) sub-committee reports; and (/) other business. 6. Proceedings validated. No proceedings of the Board or of any person acting as chairman or a member shall be invalidated by reason of any defect in his appointment or election or nomination, or of a disqualification of any such person, or by reason of there being any vacancy in the number of members at the time of such proceedinp. 7- Examlfflll'!I. The Board may appoint examiners to conduct the examination of candidates for certificates of registration. 8. Times of euminatlons. Examinations for certificates of registration shall be held at such times and places as the Board thinks fit. Notification of the time and place of holding such examination shall, at least four months before the date of holding of the examination, be published in a daily newspaper circulating in the locality in which the examination is to be held. 9. Manner of examlaadon. The Board shall determine the manner of the examination, and may determine that oral, written, or practical tests, or any or all of these shall be employed. 10. Application for examiaadoa. A candidate desirous oi sitting for any examination shall make application to the Board for examination at least three months before the date of holding of the examination, and such application shall be made in the prescribed form or a form to the like effect. 11. Granting of certificates. (l) Subject to this Act, certificates of registration shall be granted by the Board to every person who sits for the prescribed examination and who satisfies the Board's requirements. Such certificate shall be in the prescribed form. (2) The Board may, in special circ:umstances, grant to any person who has applied for a certificate of registration an interim certificate for a period not exceeding six months at any one time. Such certificate shall be in the prescribed form.

Architects Act of 1962, No. 25 12. Applicant may appeal to the Minister. Every person who is an applicant for an interim certificate pursuant to rule eleven of this schedule, or for permission to sit for examination, who is dissatisfied with the decision of the Board in his case, may, within three months after notice of such decision has been communicated to him by the registrar, appeal to the Minister, and the Minister may, after hearing such person and the Board, dismiss the appeal or order the Board to grant such interim certificate or permit such applicant to sit for the examination, as the case may require. 13. Duplicate certificate In case of loss, &c. If any certificate is lost or destroyed, the holder, or some person having knowledge of the facts and circumstances, may make a statutory declaration with respect thereto; and the Board if satisfied with such declaration, may issue a fresh certificate to the person entitled to hold the same, on payment of the prescribed fee. Such certificate shall be endorsed with a memorandum setting out the reasons for the issue thereof, and thereafter such certificate shall be available as if it were the original certificate. 219