Architects Amendment Act 2010 (Qld)

Queensland Architects Amendment Act 2010 Act No. 18 of 2010

Queensland Architects Amendment Act 2010 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7A Types of registration as an architect . . . . . . . . . . . . . . 6 4 Amendment of s 8 (Applying for registration) . . . . . . . . . . . . . . . . 6 5 Amendment of s 9 (Eligibility). . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Replacement of s 10 (When applicant is qualified for registration) ................................... 7 10 When applicant is qualified for registration. . . . . . . . . 7 7 Amendment of s 11 (Fitness to practise as an architect) . . . . . . . 8 8 Amendment of s 12 (Deciding application). . . . . . . . . . . . . . . . . . 8 9 Replacement of s 16 (Meaning of continuing competency requirements) .................................. 8 16 Meaning of continuing registration requirements . . . . 8 10 Amendment of s 18 (Applying for renewal) . . . . . . . . . . . . . . . . . 9 11 Amendment of s 20 (Deciding application). . . . . . . . . . . . . . . . . . 9 12 Amendment of s 23 (Applying for restoration) . . . . . . . . . . . . . . . 10 13 Amendment of s 24 (Deciding application). . . . . . . . . . . . . . . . . . 11 14 Amendment of pt 2, div 6 hdg (Cancellation of registrations). . . . 11 15 Amendment of s 28 (Grounds for cancellation) . . . . . . . . . . . . . . 11 16 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 29A Immediate suspension of registration. . . . . . . . . . . . . 12 17 Insertion of new ss 32A and 32B . . . . . . . . . . . . . . . . . . . . . . . . . 12 32A Notification of disciplinary action by other bodies. . . . 13 32B Notification of inability to practise . . . . . . . . . . . . . . . . 13 18 Amendment of s 34 (Form of certificate of registration) . . . . . . . . 13 19 Insertion of new ss 35A and 35B . . . . . . . . . . . . . . . . . . . . . . . . . 13 35A Inquiries about fitness to practise as an architect . . . 14

Architects Amendment Act 2010 Contents 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Page 2 35B Report about relevant person’s criminal history . . . . . Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 2A Health assessments 35C Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 35D Health assessment. . . . . . . . . . . . . . . . . . . . . . . . . . . 35E Appointment of health assessor . . . . . . . . . . . . . . . . . 35F Health assessment report . . . . . . . . . . . . . . . . . . . . . 35G Payment for heath assessment and report. . . . . . . . . 35H Use of health assessment report . . . . . . . . . . . . . . . . Insertion of new pt 3, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 1AA Extended application of part 3 36AA Application to former architects . . . . . . . . . . . . . . . . . Insertion of new s 69AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69AA Application of pt 4 to certain former architects . . . . . . Amendment of s 73 (Board’s decision on investigation about architects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 74 (Notice of result of investigation about architects) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 74A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74A Publishing of certain decisions on investigation about architect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 75 (Board’s decision about other investigations) ................................. Amendment of s 76 (Board to take action as soon as practicable) .................................... Amendment of s 80 (Functions of board) . . . . . . . . . . . . . . . . . . . Amendment of s 82 (Membership of board). . . . . . . . . . . . . . . . . Amendment of pt 5, div 7 hdg (Registrar of board) . . . . . . . . . . . Insertion of new s 100A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100A Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 101 (Board to reimburse cost of registrar’s services) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Board to reimburse cost of registrar’s or other staff’s services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 114 (Using titles or names etc.) . . . . . . . . . . . . Omission of s 118 (Information for advertisements). . . . . . . . . . . Amendment of s 121 (Review of particular decisions) . . . . . . . . . Amendment of s 130 (Orders relating to architect) . . . . . . . . . . . 14 14 15 15 15 16 16 16 17 17 18 18 18 19 19 19 20 20 20 21 21 21 21 22 22 22 22 22 22 2010 Act No. 18

37 38 39 40 41 42 43 44 45 46 Schedule Architects Amendment Act 2010 Contents Amendment of s 131 (Orders relating to former architect) . . . . . . Amendment of s 138 (Summary proceedings for offences) . . . . . Amendment of s 141A (Notice and record for corporations) . . . . Replacement of pt 11, div 2, hdg (Transitional provisions) . . . . . . Amendment of s 159 (Existing registrations) . . . . . . . . . . . . . . . . Amendment of s 162 (Continuing effect of qualifications under repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Transitional provision for Architects Amendment Act 2010 166 Certain applications to be dealt with under pre-amended Act ..................... 167 Prospective application of ss 36AA and 69AA . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Regulations amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of regulations does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 23 25 25 25 25 26 26 27 27 28 29 2010 Act No. 18 Page 3

Queensland Architects Amendment Act 2010 Act No. 18 of 2010 An Act to amend the Architects Act 2002 for particular purposes and to make consequential amendments to the Architects Regulation 2003 and the Cooperatives Regulation 1997 [Assented to 21 April 2010]

Architects Amendment Act 2010 [s 1] The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Architects Amendment Act 2010 . 2 Act amended This Act amends the Architects Act 2002. 3 Insertion of new s 7A Part 2, division 1— insert— ‘7A Types of registration as an architect ‘The types of registration as an architect under this Act are registration as a practising architect or a non-practising architect.’. 4 Amendment of s 8 (Applying for registration) (1) Section 8(2)(a), after ‘form’— insert— ‘and state the type of registration to which the application relates’. (2) Section 8(2)(b)(ii)— omit. (3) Section 8(2)(b)(iii) and (iv)— renumber as section 8(2)(b)(ii) and (iii). 5 Amendment of s 9 (Eligibility) Section 9— insert— Page 6 2010 Act No. 18

Architects Amendment Act 2010 [s 6] ‘(2) Also, an applicant for registration as a non-practising architect is eligible for registration only if the board is satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application for registration relates.’. 6 Replacement of s 10 (When applicant is qualified for registration) Section 10— omit, insert— ‘10 When applicant is qualified for registration ‘An applicant for registration is qualified for registration if the applicant has— (a) 1 or more of the following qualifications— (i) a qualification in architecture recognised by the Architects Accreditation Council of Australia (the AACA ); (ii) a qualification in architecture obtained outside Australia and assessed by the AACA to be equivalent to a qualification mentioned in subparagraph (i); (iii) successful completion of the National Program of Assessment, or another program, coordinated by the AACA; and Editor’s note — For a list of other programs coordinated by the AACA see the board’s website on the internet < (b) successfully completed— (i) the AACA’s Architectural Practice Examination; or (ii) another examination, if any, arranged or approved by the board. 2010 Act No. 18 Page 7

Architects Amendment Act 2010 [s 7] Editor’s note — For a list of any examinations arranged or approved by the board see the board’s website on the internet < 7 Amendment of s 11 (Fitness to practise as an architect) (1) Section 11(e)— renumber as section 11(f). (2) Section 11— insert— ‘(e) if the applicant has been required to undergo a health assessment under section 35D— (i) whether the applicant underwent the assessment; or (ii) whether the applicant cooperated with the doctor appointed to conduct the assessment;’. 8 Amendment of s 12 (Deciding application) Section 12(2)— omit . 9 Replacement of s 16 (Meaning of continuing competency requirements ) Section 16— omit, insert— ‘16 Meaning of continuing registration requirements ‘(1) Continuing registration requirements are requirements of the board that, if satisfied, demonstrate that an applicant for renewal or restoration of registration has maintained competency in the practice of architecture. ‘(2) The requirements may include requirements about the following— Page 8 2010 Act No. 18

Architects Amendment Act 2010 [s 10] (a) the nature, extent and period of practice of architecture by the applicant; (b) the nature and extent of continuing professional development to be undertaken by the applicant; (c) the nature and extent of research, study or teaching, relating to architecture, to be undertaken by the applicant; (d) the nature and extent of administrative work, relating to architecture, to be performed by the applicant. ‘(3) The requirements are satisfied by complying with the board’s continuing registration requirements for architecture. ‘(4) The board must— (a) keep published the board’s continuing registration requirements on the board’s website on the internet; and (b) keep the requirements available for inspection, without charge, during normal business hours at the board’s office; and (c) if asked by a person and on payment of the fee, if any, prescribed under a regulation, give the person a copy of the requirements. Editor’s note — The board’s website on the internet is < 10 Amendment of s 18 (Applying for renewal) (1) Section 18(3)(b)(i)— omit. (2) Section 18(3)(b)(ii) and (iii)— renumber as section 18(3)(b)(i) and (ii). 11 Amendment of s 20 (Deciding application) (1) Section 20(2)(b), ‘competency’— 2010 Act No. 18 Page 9

Architects Amendment Act 2010 [s 12] omit, insert — ‘registration’. (2) Section 20(4)— omit. (3) Section 20(3)— renumber as section 20(4). (4) Section 20— insert — ‘(3) Also, for an application for renewal of registration as a non-practising architect, the board must be satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application relates.’. 12 Amendment of s 23 (Applying for restoration) (1) Section 23(1), ‘a person’s’— omit, insert— ‘an individual’s’. (2) Section 23(1), ‘the person’— omit, insert— ‘the individual’. (3) Section 23(2)(b)(i) to (iii)— omit , insert— ‘(i) any documents, identified in the approved form, the board reasonably requires to decide the application; (ii) the application fee prescribed under a regulation; (iii) the annual registration fee.’. Page 10 2010 Act No. 18

Architects Amendment Act 2010 [s 13] 13 Amendment of s 24 (Deciding application) (1) Section 24(2)(b), ‘competency’— omit, insert — ‘registration’. (2) Section 24(4)— omit. (3) Section 24(3)— renumber as section 24(4). (4) Section 24— insert — ‘(3) Also, for an application for restoration of registration as a non-practising architect, the board must be satisfied that the applicant will not carry out, or be responsible for the carrying out of, architectural services within the registration period to which the application relates.’. 14 Amendment of pt 2, div 6 hdg (Cancellation of registrations) Part 2, division 6, heading, ‘of’— omit, insert— ‘ and immediate suspension of ’. 15 Amendment of s 28 (Grounds for cancellation) Section 28— insert— ‘(d) the architect’s registration to practise as an architect under a law applying, or that applied, in the Commonwealth, another State or a foreign country has been cancelled under that law for disciplinary reasons; or (e) the architect’s membership of an association of architects, whether in Australia or a foreign country, has 2010 Act No. 18 Page 11

Architects Amendment Act 2010 [s 16] been cancelled under the association’s rules for disciplinary reasons; or (f) the architect has contravened a condition of the architect’s registration; or (g) the assessment in a health assessment report given to the board under section 35F is that the architect is currently unable to competently and safely practise as an architect.’. 16 Insertion of new s 29A Part 2, division 6, after section 29— insert— ‘29A Immediate suspension of registration ‘(1) This section applies if the board requires an architect to undergo a health assessment under section 35D and the architect does not undergo the health assessment as required or does not cooperate with the doctor appointed to conduct the assessment. ‘(2) The board may, by information notice given to the architect, immediately suspend the architect’s registration. ‘(3) The information notice must also state the period of suspension. ‘(4) The suspension— (a) is for the period the board decides; and (b) has effect when the information notice is given. ‘(5) The board must end the suspension if satisfied that the ground for the suspension no longer exist. ‘(6) The suspension ends if the architect’s registration is cancelled or otherwise ends.’. 17 Insertion of new ss 32A and 32B Part 2, division 7— Page 12 2010 Act No. 18

Architects Amendment Act 2010 [s 18] insert— ‘32A Notification of disciplinary action by other bodies ‘(1) An architect must advise the board about any disciplinary action (the event ) taken against the architect in another State or a foreign country in relation to the architect’s practice as an architect, within 21 days after the event, unless the architect has a reasonable excuse. Maximum penalty—50 penalty units. ‘(2) For subsection (1) it is immaterial whether or not the disciplinary action happened under a law of the other State or country, or under the rules of an association of architects. ‘32B Notification of inability to practise ‘(1) This section applies if an architect has been unable to competently and safely practise as an architect for a continuous period of 6 months because of the architect’s mental or physical health. ‘(2) The architect must immediately notify the board in writing of that fact, unless the architect— (a) has already notified the board in writing of the incapacity; or (b) has a reasonable excuse. Maximum penalty—50 penalty units.’. 18 Amendment of s 34 (Form of certificate of registration) Section 34(2)— insert — ‘(c) whether the architect is a practising or non-practising architect.’. 19 Insertion of new ss 35A and 35B Part 2, division 8— 2010 Act No. 18 Page 13

Architects Amendment Act 2010 [s 20] insert— ‘35A Inquiries about fitness to practise as an architect ‘(1) This section applies to the following persons (each a relevant person )— (a) an individual applying for registration as an architect under section 8; (b) an architect applying for renewal of registration under section 18; (c) an individual applying for restoration of the person’s registration under section 23. ‘(2) The board may make inquiries about the relevant person to help in deciding whether the person is, or continues to be, fit to practise as an architect. ‘35B Report about relevant person’s criminal history ‘(1) The board may ask the commissioner of the police service for a written report about the criminal history of a relevant person. ‘(2) If asked by the board, the commissioner of the police service must give the board a written report about the criminal history of the relevant person. ‘(3) The duty imposed on the commissioner of the police service applies only to information in the commissioner’s possession or to which the commissioner has access. ‘(4) A report mentioned in subsection (2) may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes. ‘(5) In this section— relevant person see section 35A(1).’. 20 Insertion of new pt 2A Before part 3— insert— Page 14 2010 Act No. 18

‘Part 2A Architects Amendment Act 2010 [s 20] Health assessments ‘35C Definitions for pt 2A ‘In this part— subject architect see section 35D(1). ‘35D Health assessment ‘(1) This section applies if the board reasonably believes an architect (the subject architect ) is unable to competently and safely practise as an architect because of the architect’s mental or physical health. ‘(2) The board may require the subject architect to undergo a health assessment by a doctor (the health assessor ) appointed by the board. ‘(3) If the board decides to require a health assessment, the board must give the subject architect an information notice about the decision to require the assessment that includes— (a) a stated date, time and place, for the assessment; and (b) the name and qualifications of the health assessor appointed by the board to conduct the assessment; and (c) the possible consequences of failing to undergo, or cooperate during, the assessment. ‘(4) The stated date must be no sooner than 14 days after the information notice is given to the subject architect unless the architect and the board agree, in writing, to an earlier date. ‘(5) The stated time and place must be reasonable having regard to the circumstances of the subject architect as known to the board. ‘35E Appointment of health assessor ‘Before appointing a doctor as a health assessor, the board must be satisfied the doctor does not have a personal or professional connection with the subject architect that may 2010 Act No. 18 Page 15

Architects Amendment Act 2010 [s 20] prejudice the way in which the doctor conducts the assessment. ‘35F Health assessment report ‘(1) A health assessor conducting all or part of a health assessment of a subject architect must prepare a report about the assessment ( health assessment report ). ‘(2) The health assessment report must include— (a) the health assessor’s findings as to whether the subject architect is currently unable to competently and safely practise as an architect; and (b) if the health assessor finds that the subject architect is unable to competently and safely practise as an architect—the health assessor’s recommendations as to any conditions that could be imposed on the architect’s registration to overcome the inability. ‘(3) The health assessor must give the health assessment report to the board and a copy to the subject architect. ‘35G Payment for heath assessment and report ‘(1) The board is liable for the cost of the health assessment and the preparation of the health assessment report. ‘(2) However, if the assessment is that the subject architect is currently unable to competently and safely practise as an architect, the board may require the architect, by notice, to pay the board the amount of the cost of the assessment and of the preparation of the health assessment report. ‘(3) The amount mentioned in subsection (2) is a debt payable to the board. ‘35H Use of health assessment report ‘(1) A health assessment report is not admissible in any proceeding, and a person can not be compelled to produce the Page 16 2010 Act No. 18

Architects Amendment Act 2010 [s 21] report or to give evidence about the report or its contents in any proceeding. ‘(2) Subsection (1) does not apply in relation to— (a) a proceeding relating to an application by the subject architect to whom the report relates for registration as, or renewal or restoration of registration as, an architect under this Act; or (b) a proceeding on an appeal by the subject architect against a decision of the board— (i) refusing to grant, renew or restore registration; or (ii) cancelling or immediately suspending registration. ‘(3) Also, subsection (1) does not apply if the report is admitted or produced, or evidence about the report or its contents is given, in a proceeding with the consent of— (a) the health assessor who prepared the report; and (b) the architect to whom the report relates. ‘(4) A health assessment report may only be used for the purposes of this Act and must be destroyed as soon as practicable after it is no longer needed for those purposes. ‘(5) In this section— health assessment report includes a copy of the report or a part of the report or copy.’. 21 Insertion of new pt 3, div 1AA Part 3, before division 1— insert— ‘Division 1AA Extended application of part 3 ‘36AA Application to former architects ‘(1) Action may be taken under this part in relation to a person who was an architect at the time the conduct of the person that 2010 Act No. 18 Page 17

Architects Amendment Act 2010 [s 22] is relevant for this part happened even though the person is no longer an architect. ‘(2) For the purpose of taking action under this part, the person mentioned in subsection (1) is taken to be an architect. ‘(3) This section does not limit, but may extend, the operation of the other provisions of this part.’. 22 Insertion of new s 69AA Part 4, before section 69— insert— ‘69AA Application of pt 4 to certain former architects ‘For applying this part to a person mentioned in section 36AA(1), the person is taken to be an architect.’. 23 Amendment of s 73 (Board’s decision on investigation about architects) (1) Section 73(2), ‘1 of’— omit, insert— ‘1 or more of’. (2) Section 73(2)(b)— omit, insert— ‘(b) enter into an undertaking agreed with the architect about a matter relating to the architect carrying out architectural services, including, for example, to submit to an audit of the architect’s practice of architecture;’. (3) Section 73(2)(d)— omit, insert— ‘(d) impose a condition, agreed to by the architect, on the architect’s registration; (e) take no further action about the matter the subject of the investigation.’. Page 18 2010 Act No. 18

Architects Amendment Act 2010 [s 24] (4) Section 73(3) to (5)— renumber as section 73(4) to (6). (5) Section 73— insert — ‘(3) If the architect does not comply with an undertaking entered into under subsection (2)(b), the board may decide to take another action mentioned in subsection (2).’. (6) Section 73(5), as renumbered, ‘(2)(a), (b) or (c)’— omit, insert— ‘(2)(a) to (d)’. (7) Section 73(6), as renumbered, ‘(2)(b), (c) or (d)’— omit, insert— ‘(2)(b) to (e)’. 24 Amendment of s 74 (Notice of result of investigation about architects) Section 74(3), ‘73(2)(d)’— omit, insert — ‘73(2)(e)’. 25 Insertion of new s 74A After section 74— insert — ‘74A Publishing of certain decisions on investigation about architect ‘(1) This section applies if the board decides— (a) to caution or reprimand an architect under section 73(2)(c); or (b) to impose a condition on an architect’s registration under section 73(2)(d). 2010 Act No. 18 Page 19

Architects Amendment Act 2010 [s 26] ‘(2) The board may notify the decision, and reasons for the decision, on the board’s website on the internet. ‘(3) The board must not act under subsection (2) until the particulars of the decision are included in the register under section 102.’. 26 Amendment of s 75 (Board’s decision about other investigations) (1) Section 75(2), ‘1 of the’— omit, insert— ‘1 or more of the’. (2) Section 75(3) and (4)— renumber as section 75(4) and (5). (3) Section 75— insert — ‘(3) If the person does not comply with an undertaking entered into under subsection (2)(b), the board may decide to take another action mentioned in subsection (2).’. 27 Amendment of s 76 (Board to take action as soon as practicable) Section 76, ‘73(2)(a) to (c), or’— omit, insert — ‘73(2)(a) to (d), or’. 28 Amendment of s 80 (Functions of board) (1) Section 80(1)(e) to (h)— omit, insert— ‘(e) to advise the Minister about the operation of this Act in its application to the practice of architecture; Page 20 2010 Act No. 18

Architects Amendment Act 2010 [s 29] (f) to arrange or approve examinations in the practice of architecture for the purpose of registration under this Act; (g) to advance education in architecture and professional standards of architects; (h) to perform other functions given to the board under this or another Act; (i) to perform a function incidental to a function mentioned in paragraphs (a) to (h).’. (2) Section 80(2)— omit. 29 Amendment of s 82 (Membership of board) Section 82(2)(b)(i), ‘Royal’— omit. 30 Amendment of pt 5, div 7 hdg (Registrar of board) Part 5, division 7, heading, after ‘board’— insert— ‘ and other staff ’. 31 Insertion of new s 100A After section 100— insert— ‘100A Other staff ‘With the board’s consent, other public service employees may— (a) be engaged by a public sector unit to provide services for the board; or (b) be deployed to the board to provide services for the board.’. 2010 Act No. 18 Page 21

Architects Amendment Act 2010 [s 32] 32 Replacement of s 101 (Board to reimburse cost of registrar’s services) Section 101— omit, insert— ‘101 Board to reimburse cost of registrar’s or other staff’s services ‘The board must reimburse the public sector unit in which the registrar or a public service employee is employed the reasonable costs of the services provided by the registrar or public service employee for the board.’. 33 Amendment of s 114 (Using titles or names etc.) Section 114(2), ‘an architect’— omit, insert— ‘a practising architect’. 34 Omission of s 118 (Information for advertisements) Section 118— omit. 35 Amendment of s 121 (Review of particular decisions) Section 121(2)(e), ‘73(2)(d)’— omit, insert— ‘73(2)(e)’. 36 Amendment of s 130 (Orders relating to architect) Section 130(2), ‘40 penalty units’— omit, insert— ‘200 penalty units’. Page 22 2010 Act No. 18

Architects Amendment Act 2010 [s 37] 37 Amendment of s 131 (Orders relating to former architect) (1) Section 131(1)— omit, insert — ‘(1) This section applies if the tribunal decides that a disciplinary ground is established against a person who is not an architect at the time of the tribunal’s decision.’. (2) Section 131(2)(b)— omit, insert — ‘(b) to do 1 or more of the following— (i) order the person to pay a stated amount of not more than the equivalent of 200 penalty units; (ii) make an order reprimanding the person; (iii) make an order disqualifying, indefinitely or for a stated period, the person from obtaining registration as an architect.’. (3) Section 131(3) and (4)— omit . 38 Amendment of s 138 (Summary proceedings for offences) Section 138(2)— omit, insert— ‘(2) The proceeding must start within the later of the following periods to end— (a) 1 year after the commission of the offence; (b) 6 months after the commission of the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.’. 39 Amendment of s 141A (Notice and record for corporations) (1) Section 141A, heading ‘corporations’— 2010 Act No. 18 Page 23

Architects Amendment Act 2010 [s 39] omit, insert— ‘ businesses ’. (2) Section 141A(1), (2), (3) and (7), ‘corporation’— omit, insert— ‘business’. (3) Section 141A(3)(a), ‘corporation’s’— omit, insert— ‘business’s’. (4) Section 141A(3)(c), after ‘name’— insert— ‘and signature’. (5) Section 141A(7) and (8), ‘(5)’— insert— ‘(6)’. (6) Section 141A(7), (8) and (9)— renumber as section 141A(8), (9) and (10). (7) Section 141A(5) and (6)— omit, insert— ‘(5) Subsection (6) applies if a business gives the board a notice under subsection (2) and a change happens in any 1 or more of the following— (a) the business’s name, business address and telephone number; and (b) the name of a place at which the business provides architectural services using an architect; and (c) the name of an architect who is responsible for carrying out architectural services for the business at a place. ‘(6) The business must, within 21 days after the change happens, notify the board, in the approved form, about the change. Page 24 2010 Act No. 18

Architects Amendment Act 2010 [s 40] ‘(7) If the change is in an architect responsible for carrying out architectural services for the business, the notice about the change is not given under subsection (6) unless the notice states the new architect’s name and signature.’. (8) Section 141A— insert— ‘(11) In this section— business means a corporation, partnership or other unincorporated association.’. 40 Replacement of pt 11, div 2, hdg (Transitional provisions) Part 11, division 2, heading— omit, insert— ‘Division 2 Transitional provisions for Act No. 53 of 2002’. 41 Amendment of s 159 (Existing registrations) Section 159(5), ‘section 8(2)(b)(iv)’— omit, insert— ‘section 8(2)(b)(iii)’. 42 Amendment of s 162 (Continuing effect of qualifications under repealed Act) Section 162(1)(b)— omit, insert — ‘(b) only until the commencement of the Architects Amendment Act 2010 .’. 43 Insertion of new pt 11, div 3 After section 165— 2010 Act No. 18 Page 25

Architects Amendment Act 2010 [s 43] insert— ‘Division 3 Transitional provision for Architects Amendment Act 2010 ‘166 Certain applications to be dealt with under pre-amended Act ‘(1) This section applies to any of the following applications if the application was made to the board, and not finally dealt with, before the commencement— (a) an application for registration under the pre-amended Act, section 8; (b) an application for renewal of registration under the pre-amended Act, section 18; (c) an application for restoration of registration under the pre-amended Act, section 23. ‘(2) The pre-amended Act continues to apply to the application for the purpose of making a decision about the application. ‘(3) In this section— commencement means the commencement of this section. pre-amended Act means this Act as in force immediately before the commencement. ‘167 Prospective application of ss 36AA and 69AA ‘(1) Sections 36AA and 69AA do not apply to a person who, before the commencement, stopped being an architect if the relevant conduct of the person mentioned in section 36AA(1) happened before the commencement. ‘(2) In this section— commencement means the commencement of this section.’. Page 26 2010 Act No. 18

Architects Amendment Act 2010 [s 44] 44 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions affected by bankruptcy action, assessment entity, complainant and continuing competency requirements — omit. (2) Schedule 2— insert — ‘ affected by bankruptcy action , in relation to an individual, means the individual is an insolvent under administration within the meaning of the Corporations Act, section 9. complainant , other than in section 138, means the person who makes the complaint. continuing registration requirements see section 16(1). health assessment , in relation to an architect, includes— (a) a physical, medical or psychiatric examination or test of the architect; and (b) asking questions to assess the architect’s mental and physical health. health assessment report see section 35F(1). health assessor , for part 2A, see section 35D(2). non-practising architect means an architect who does not carry out, and is not responsible for the carrying out of, architectural services. practising architect means an architect who carries out, or is responsible for the carrying out of, architectural services. subject architect , for part 2A, see section 35C.’. 45 Regulations amended The schedule amends the regulations mentioned in it. 2010 Act No. 18 Page 27

Architects Amendment Act 2010 [s 46] 46 Amendment of regulations does not affect powers of Governor in Council The amendment of a regulation in the schedule does not affect the power of the Governor in Council to further amend the regulation or to repeal it. Page 28 2010 Act No. 18

Schedule Architects Amendment Act 2010 Schedule Consequential amendments Section 45 Architects Regulation 2003 1 Schedule 1, item 1, ‘s 8(2)(b)(iv)’— omit, insert— ‘ss 8(2)(b)(iii) and 23(2)(b)(ii)’. 2 Schedule 1, item 2, ‘s 8(2)(b)(iv)’— omit, insert— ‘s 8(2)(b)(iii)’. 3 Schedule 1, item 3, ‘ss 18(3)(b)(iii)’— omit, insert— ‘ss 18(3)(b)(ii)’. Cooperatives Regulation 1997 1 Schedule 5, item 12, ‘ Architects Act 1985 ’— omit, insert— ‘ Architects Act 2002 ’. © State of Queensland 2010 2010 Act No. 18 Page 29