Architects (Amendment) Act 1941 (NSW)

ARCHITECTS (AMENDMENT) ACT.

Act No. 25, 1941.

An Act to amend the Architects Act, 1921, in
certain respects; and for purposes connected

therewith. [Assented to, 10th April, 1941.]

BE it enacted b y t h e King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with t he advice and consent of t h e Legis­	Wales in Parl iament assembled, and by the au thor i ty of
t h e same, a s follows :—

1. (1) This Act may be cited as the "Arch i t ec t s

(Amendment) Act, 1 9 4 1 . "

(2) The Archi tects Act, 1921, as amended by sub­ sequent Acts , is re fe r red to in this Act as the Pr inc ipa l Act .

(3) The Pr inc ipa l Act, as amended by this Act, may

be cited as the Archi tects Act, 1921-1941.
(4) This Act shall commence upon a da te to be appoin ted by the Governor and notified by proclamat ion published in the Gazette .

1. The P r inc ipa l Act is amended—

(a) (i) by omit t ing from subsection two of section
five the word " h e a d " and by inser t ing in

lieu thereof the word " D e a n " ;

(b) by omit t ing subsection four of the same sect ion; (c)

(ii)   by omitting from the same subsection the words " P r e s i d e n t of the Ins t i tu te of Archi tects of New South Wales , the P re s i ­ dent of the Archi tects Associat ion of New South W a l e s " and by inser t ing in lieu thereof the words " P r e s i d e n t and Vice-

P re s iden t of the New South Wales Chap te r

of the Roya l Aus t r a l i an Ins t i tu te of

A r c h i t e c t s " ;

(c)	by inserting at the end of subsection two of
section six the following p rov i so :—

Prov ided tha t where the office of an elected member becomes vacan t wi th in the las t six months of the t e r m of office of such member , the Minis ter may, on the appl icat ion of the Boa rd , order t ha t an election shall no t be he ld ; and may , on the like applicat ion, revoke any such order .

3. The P r inc ipa l Act is fur ther amended—

(a)	by omitting subsection two of section ten and
by inse r t ing in lieu thereof the following

subsection:—

(2) A document p u r p o r t i n g to be a certificate

under the hand of the R e g i s t r a r and s ta t ing t ha t any person was or was not on any date or du r ing any per iod ment ioned in the certificate reg is te red unde r this Act shall in all cour ts and before all persons and bodies au thor i sed by law to receive evidence be p r i m a facie evidence of the facts s ta ted.

(b) by inser t ing a t the end of p a r a g r a p h (c) of

subsection one of section th i r teen the following

new	p a r a g r a p h : —
(ci) holds a degree, diploma, or license of competency, approved of by the Board , f rom some univers i ty , college, school, ins t i tu te or o ther au thor i ty , and also satisfies the B o a r d tha t he possesses the
requis i te knowledge and skill for the
pract ice of a rch i t ec tu re ; or

(c)	by omitting from section sixteen the words
" t o a cour t of pe t ty sessions o r " ;

(d) (i) by inser t ing a t the end of subsection one of

section seventeen the following word and

new p a r a g r a p h : —

or

(e)	is guilty of infamous conduct in a
profess ional respect .

Wi thou t

Withou t l imiting the meaning of the

expression " i n f a m o u s conduct in a

professional r e s p e c t " a reg is te red person shall be deemed guil ty of such conduct who—

(i)   in connection with any building designed or supervised by h im enters into collusion wi th the builder or any other pe r son in any way prejudicial to the owner ' s in teres ts and r ights

unde r the building cont rac t ;

(ii)   allows any person other than an architect who is his p a r t n e r to pract ise in his name as an archi tec t ;

(iii)   directly or indirectly gives or offers, or agrees to give or offer, any person any valuable considerat ion whatever as a remunera t ion for securing or a t t empt ing to secure for him any employment or work as an archi tec t ;

(iv)   fails to render to the client upon demand at the completion of the contract between the client and the bui lder an accurate and detai led s ta te­ ment of accounts ;

(v) acts as architect and builder of any building without the full knowledge and consent of the client.

(ii)   by omitting from subsection three of the same section the words " a cour t of pe t ty

sessions o r " ;

(e) (i) by inser t ing in subsection three of section

nineteen after the word " a b b r e v i a t i o n "

the words " o r d e r i v a t i v e " ;

H (ii)

(ii)  by omitting the proviso to the same subsec­ t ion and by inser t ing in lieu thereof the

following p rov i so :—

Prov ided t h a t noth ing in this	subsection
shall	prohib i t—
(a) a person prac t i s ing nava l architec­ tu re from us ing the name " n a v a l

a r c h i t e c t " ; or

(b)	any employee of an architect from
using the name " a r c h i t e c t u r a l
a s s i s t a n t " or " a r c h i t e c t u r a l d raf t s ­
m a n " ; or
(c)	persons from us ing the t e rm

" a r c h i t e c t u r a l , " only as indicat ing tha t they c a r r y on the business of suppl iers of wares , ins t ruments , or mate r ia l s used in connection with a r c h i t e c t u r e ' ' ;

(f)	(i)	by inser t ing a t the end of p a r a g r a p h (d) of subsection one of section twenty-five the words " a n d for prescr ib ing the s t anda rd of the educational a t t a inments of candidates
for the prescr ibed e x a m i n a t i o n " ;
(ii)	by inserting at the end of the same subsec­ tion the following new subsection:—

(1A) The regula t ions m a y provide for the exemption of any class of per ­ sons from the provis ions of the regula t ions re la t ing to the p r e ­

scribed s t a n d a r d of educational

a t t a inmen t s .

P O L I C E