Architects Amendment Act 1981 (WA)

WESTERN AUSTRALIA.

ARCHITECTS.

No. 67 of 1981.

AN ACT to amend the Architects Act 1921-1978.

[Assented to 23 October 1981.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Architects =gaited..

Amendment Act 1981.

(2) In this Act the Architects Act 1921-1978 is approve eadAs

referred to as the principal Act. April 1979.

(3) The principal Act as amended by this Act

may be cited as the Architects Act 1921-1981.

No. 67.] Architects. [1981.

Section 2

amended. 2. Section 2 (1) of the principal Act is amended

by

(a) inserting, before the definition of "Board", the following definition

"articles of association", in relation to a foreign corporation, includes by-laws, regulations or other instrument regulating the internal administration of the foreign corporation; " ;

(b) inserting, after the definition of "foreign corporation", the following definition

'' "memorandum", in relation to a

foreign corporation, includes

charter, statute or other instrument constituting or defining the constitution of the foreign corporation; " ;

(c)	deleting the definition of "practising architect";
(d)	deleting the full stop at the end of the definition of "Registered" and substituting a semi-colon; and

(e) inserting, after the definition of

"Registered", the following definition-

" "registered architect" means a natural

person who is registered as an

architect under this Act. " .

Section 14A

amended. 3. Section 14A of the principal Act is amended—

(a) in subsection (1) by deleting-

(i) "practising architect" in paragraph (a) and substituting the following-

' registered architect " ; and

1981.] Architects. [No. 67.

(ii) paragraphs (b), (c), (d) and (e) and substituting the following paragraphs

(b) its memorandum is accept- able to the Board and contains a provision that the Board be notified of any intention to amend that memorandum and be furnished with a copy of any proposed resolution or other form of proposal to give effect to that intention;

(c) its articles of association are

acceptable to the Board and

contain a provision that-

(i)   the Board be notified of any intention to amend those articles of association and be furnished with a copy of any proposed resolution or other form of proposal to give effect to that intention; and

(ii)  a body corporate shall not be eligible to be a director of the corporation;

(d) if 2 or more directors of the corporation are registered architects, the articles of association of the corpora- tion contain a provision that-

(i) all issued shares car- rying the right to vote at general meetings of the corporation are

No. 67.] Architects. [1981.

to be held by the directors of the cor- poration;

(ii)  three-fifths of the total voting rights conferred by the issued shares referred to in subparagraph (i) of this paragraph are to be held by registered architects;

(iii)   not less than three- fifths of the total number of directors of the corporation are to be registered archi- tects;

(iv)  a meeting of the directors of the cor- poration is not pro- perly constituted un- less not less than three-fifths of those directors present at that meeting are registered architects; and

(v)   every director who is not a registered archi- tect is to be accept- able to the Board;

(e) if only 1 director of the cor- poration is a registered architect, the articles of association of the corpora- tion contain a provision that-

(i) all issued shares car-

rying the right to vote

at general meetings

1981.] Architects. [No. 67.

of the corporation are to be held by that director;

(ii)  the number of direc- tors of the corpora- tion is to be 2;

(iii)  that director is to have the casting vote whenever the direc- tors of the corpora- tion cannot agree on a proposed resolution; and

(iv)  a meeting of the directors of the cor- poration is not prop- erly constituted un- less the director who is a registered archi- tect is present at that meeting;

(1) its articles of association transfer of issued shares in the corporation which do not carry the right to vote at general meetings of the corporation to, or their acquisition by, any person who, by reason of a relation- ship of any kind whatsoever between him and a director of the corporation or the business activities in which that person is for the time being engaged or otherwise interested, is able to affect or diminish or likely to affect or diminish the independ- ence of judgment, manage- ment or decision of the prohibit the allotment or

No. 67.] Architects. [1981.

directors of the corporation in the conduct of the practice of architecture;

(g)	every director, other than a director who is a registered architect, is acceptable to the Board; and
(h)	all shares not held by a director who is a registered architect are held by a person who is acceptable to the Board. " ;

and

(b) by repealing subsection (2) and

substituting the following subsections

C'

(2) The Board may require that, if

(a)	the beneficial interest in any share in; or
(b)	any beneficial interest (whether expectant or in possession) in the income of,

a practising corporation is owned by or devolves on a person who the Board determines to be ineligible to hold that interest, that interest shall be terminated within such reasonable period as the Board specifies, and that ownership or devolution shall not of itself render the practising corporation ineligible for the purposes of this section until the expiry of the period so specified.

(3) A corporation which has executed or intends to execute a deed of trust, which execution may result in a person other than a registered architect or a practising corporation receiving or being entitled to receive

1981.1 Architects. [No. 67.

a share of the income of that corporation, is not eligible to be or to continue to be a practising corporation unless the deed of trust, and all beneficiaries or classes of beneficiaries thereunder, are acceptable to the

Board. .

4. Section 14B (1) of the principal Act is r=dne

amended by deleting

(a)

paragraph (a) and substituting the

following paragraph

C' (a) the memorandum or articles of

association of a practising corporation has or have been amended in a manner unacceptable to the Board, or without prior notice to the Board; " ;

and

(b)

paragraph (c) and substituting the

following paragraph

'C (c) any requirement-

(i)    of this Act as to the lodging of an Annual Statement or other information; or

(ii)   made by the Board under section 14A of this Act,

has not been complied with;

or " .

Section 14C

5. Section 14C (1) of the principal Act is amended.

amended

(a) in paragraph (a) by deleting "practising architect" and substituting the following-

" registered architect " ;

No. 67.] Architects. [1981.

(b) in paragraph (d) by deleting "practising architects, registered under this Act" and substituting the following-

" registered architects " ; and

(c) in paragraph (e) by deleting "practising architects registered under this Act" and substituting the following-

" registered architects " .

Section 18

amended. 6. Section 18 of the principal Act is amended

(a) in subsection (1) by inserting, after "Every registered architect", the following-

, practising corporation and practising

firm "

(b) in subsection (2) by-

(i)

inserting, after "registered architect

who", the following

CI , or any practising corporation

or practising firm which, " ;

and

(ii)    deleting "on that architect" and sub- stituting the following

l< on that registered architect,

practising corporation or prac- tising firm, as the case requires, " ;

(c) in subsection (3) by deleting-

(i)

"any architect" and substituting the

following-

" a registered architect, practis- ing corporation or practising firm "

and

1981.] Architects. [No. 67.

(ii)

"the architect" and substituting the

following-

" the registered architect, practis- ing corporation or practising firm "

and

(d) in subsection (4) by deleting "Any architect" and substituting the following-

" Any registered architect, practising corporation or practising firm " .

Section 19A

7. Section 19A (2) of the principal Act is amended.

amended

(a) in paragraph (a) by deleting "return" and substituting the following-

" Annual Statement " ;

(b) by inserting, after paragraph (a), the following paragraph

(aa) the full name and usual resi- dential address of every person who on the thirtieth day of June preceding the lodging of the Annual Statement held a bene- ficial interest (whether expectant or in possession) in the income of the corporation, and any rela- tionship of any kind whatsoever between that person and any director of the corporation; " ;

and

(c) in paragraph (c) by deleting "practising architect" and substituting the following-

" registered architect " .

No. 67.] Architects. [1981.

=1,(TegB 8. Section 19B of the principal Act is amended in subsection (2) (b) by deleting "practising architect" and substituting the following-

" registered architect " .

Section 22A

amended. 9. Section 22A (1) of the principal Act is

amended by inserting

(a) after paragraph (b), the following paragraph-

" (ba) directly or indirectly sharing the professional income of a practis- ing corporation with a person (not being a member of the practising corporation or a beneficiary, or member of a class of beneficiaries, of a trust of which the practising corporation is the trustee) unless the person is acceptable to the Board; " ; and

(b) after "if he is registered because of" in paragraph (j), the following-

" any " .

Section 29

amended. 10. Section 29 (1) of the principal Act is amended

by inserting, after "other than a registered

architect,", the following-

" practising corporation or practising

firm, " .