Architects (Amendment) Act 1969 (NSW)

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

1. ( 1 ) This Act may be cited as the "Architects (Amend­

ment) Act, 1969".

( 2 ) The Architects Act, 1921, as subsequently

amended and as amended by this Act, may be cited as the
Architects Act, 1921-1969.

(3 ) This Act shall, except where otherwise expressly provided, commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

1. ( 1 ) The Architects Act, 1921-1965, is amended—

(a)	(i)	by omitting from subsection two of section five
the words "in practice who shall be";
(ii)	by omitting from the same subsection the
words "the Professor of Architecture in the
New South Wales University of Technology" and by inserting in lieu thereof the words "the Dean of the Faculty of Architecture in The University of New South Wales";
(iii)	by inserting next after the same subsection the following new subsection :—
(2A) NO person shall be appointed as a member if he has attained the age of seventy years.

(b) (i) by omitting from subsection one of section six the words "The Governor for sufficient cause may remove any member."; (ii)

(ii)   by omitting from subsection five of the same section the words "two dollars ten cents" and by inserting in lieu thereof the words "such amount as may be prescribed";

(iii)   by omitting from the same subsection the words "fifty-two dollars fifty cents" and by inserting in lieu thereof the words "the prescribed amount";

(c) by omitting subsection one of section seven and by inserting in lieu thereof the following subsection :—

(1) The office of a member shall become vacant

if such member—

(a) dies;

(b)	resigns his office by writing under his hand addressed to the Governor;
(c)	becomes bankrupt, compounds with his creditors, or makes an assignment of his estate for their benefit;
(d)	is absent without leave of the board from three consecutive meetings of which due notice has been given to him personally or in the ordinary course of post;
(e)	becomes a mentally ill person, a protected person or an incapable person within the
as subsequently amended;
meaning of the Mental Health Act, 1958,
(f)	ceases to be an architect or hold the quali­ fications by virtue of which he was appointed as a member;

(g) attains the age of seventy years;

(h) is removed from office by the Governor,

The Governor may for any cause which appears

to him sufficient remove any member from office.
(d)

(d)	(i)	by omitting subsection two of section 8A and
by inserting in lieu thereof the following
subsection :—
(2) All moneys received by the board or the registrar shall be paid into the Architects Fund which shall be under the control of the board and shall be operated by the board in pursuance of this Act; and the board shall for its purposes cause such banking accounts to be kept as it shall deem proper.
(ii)	by omitting subsection four of the same
section;
(iii)	by omitting from subsection six of the same
section the words "by the Colonial Treasurer
on behalf of and as recommended by the board";

(e) ( i) by omitting from section eleven the word "July" wherever occurring and by inserting in lieu thereof the word "March";

(ii)   by omitting from the same section the word "November" wherever occurring and by insert­ ing in lieu thereof the word "June";

(iii)   by omitting from subsection two of the same

section the word "registered";

(f) ( i) by inserting in paragraph (b) of subsection	one of section thirteen after the words "Uni­	versity of Sydney" the words ", The University
of New South Wales, The University of New­
castle, the New South Wales Institutes of Technology and Business Studies,";

(ii)   by inserting next after paragraph (d) of the same subsection the following new para­ graph :—

(di) has in the opinion of the board such

special qualifications and has had such

special

special experience in the practice of

architecture as would justify his regis­
tration as an architect; or

(iii)   by inserting next after the same subsection the

following new subsection :—

( 1 A ) (a) This subsection applies to

persons who obtain the qualifications for regis­ tration under paragraph (a ) , (b) or (c) of subsection one of this section on or after the

first day of July, one thousand nine hundred
and seventy-one.

(b) No person to whom this subsec­

tion applies shall be entitled to be registered under paragraph (a ) , (b) or (c ) of subsection one of this section unless—

(i)   he has completed in the aggregate not

less than two years practical experience

in an architectural capacity approved
by the board, at least one year of which
has been subsequent to obtaining the

qualifications referred to in the said

paragraph ( a ) , (b) or ( c ) , as the case
may be, and

(ii)   he has after the completion of such period of practical experience passed the prescribed examination in Profes­

sional Practice and Practical Experi­

ence :

Provided that the board may, in the case

of an applicant for registration under para­

graph (a) or (c ) of subsection one of this

section who has in the opinion of the board

had adequate general experience in excess of two years in an architectural capacity, dis­ pense with the foregoing requirement as to at

least one year's practical experience in an

architectural capacity approved by the board

subsequent

subsequent to obtaining the qualifications referred to in the said paragraph (a) or (c ) and in any such case the applicant may at any time undertake the prescribed examination in

Professional Practice and Practical Experience.

(g)	(i)	by omitting paragraph (c) of subsection one
of section seventeen and by inserting in lieu
thereof the following paragraphs :—•

(c) is convicted in New South Wales or elsewhere of any felony or misde­ meanour or of an offence punishable summarily by imprisonment for six months or upwards; or

(ci) has been registered by means of any

false or fraudulent representation or

declaration made either verbally or in
writing; or

(cii) becomes a mentally ill person, a pro­ tected person or an incapable person within the meaning of the Mental Health Act, 1958, as subsequently amended; or

(ciii) applies in writing to have his name removed from the register; or

(ii)   by inserting next after the same subsection the

following new subsection :— (1A) The board as an alternative to remov- ing from the register the name of any person who is guilty of infamous conduct in a pro-

fessional respect under paragraph (e) of

subsection one of this section may reprimand such person or impose a fine on such person not exceeding two hundred dollars.

The imposition of any fine as aforesaid shall operate as an order by a stipendiary magis­ trate for the payment of money under the

Small

Small Debts Recovery Act, 1912, as subse­

quently amended, and be enforceable as such under the provisions of that Act, as so amended.

(iii)   by inserting in subsection three of the same

section after the word "register" the words "or a reprimand or imposition of a fine under

this section";

(iv)   by inserting at the end of the same subsection the following new paragraph :—

Any such appeal shall be made within twenty-eight days of the decision of the board and shall be in accordance with the rules of court of the district court.

(h) by omitting from subsection four of section nine­ teen the words "forty dollars" and by inserting in

lieu thereof the words "two hundred dollars";

(i)   by inserting in section twenty after the word "trustee" the words ", and upon cessation of such executorship, administration or trusteeship, some other person";

( j ) (i) by inserting in paragraph (a) of subsection one

of section twenty-five after the word "pro­

ceedings" the words "and meetings";

(ii) by inserting next after the same paragraph the following new paragraph :—

(ai) regulating the manner in which, and the procedure which is to be followed

by the board in, the exercise of its

powers under section seventeen of this
Act and without limiting the generality

of this paragraph the manner in which
complaints or charges against an

architect may be preferred for the exercise of the powers conferred on the

board by that section;

(iii)

(iii)   by omitting from subsection two of the same

section the words "forty dollars" and by insert-

ing in lieu thereof the words "two hundred
dollars".

(2 ) The amendments made by paragraph (e) of sub-

section one of this section shall commence on the first day of

January, one thousand nine hundred and seventy.

COAL