Professional Engineers Act Amendment Act 1973 (Qld)

532 ^2IPEkt^^^Ckt^ ANNO VICESIMO -SECUNDO ELIZA BETHAE SE -C UNDA E REGINA E No. 60 of 1973 An Act to end Th e Professional Engineers Act of 1929 in certain particulate [ASSENTED TO 22ND NOVEMBER, 1973] 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:- 1. Shor t title a nd citation . (1) This Act may be cited as the Professional Engineers Act Amendment Act 1973. (2) The Professional Engineers Act of 1929 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Professional Engineers Act 1929-1973.

Professional Engineers Act Amendment Act 1973, No. 60 533 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by inserting after the expression " PART IV PROFESSIONAL ENGINEERS;" the expression " PART 1-V A-APPROVED PROFESSIONAL ENGINEERING COMPANIES;". 3. Amendment of s. 3. Section 3 of the Principal Act is amended by inserting before the definition " Board " the following definition:- "Approved -professional engineering company "-a body corporate that is for the time being approved by the Board under Part IVA of this Act;". 4.A me n dm ent of s . 5. Section 5 of the Principal Act is amended by, in subsection (1), omitting the words " one of whom shall be the Professor of -Engineering for the -time being in the University of Queensland." and substituting the words " one of whom shall be a Professor of Engineering for the time being in a University established in Queensland.". 5. Am endment of s. 14. Section 14 of the Principal Act is amended by omitting the words twenty-one years " and substituting the words twenty four years -S. Amen dm ent of s. 15. Section 15 of the Principal Act is amended by, in subsection (I), (a) omitting from paragraph (b) the words "for not less than one year upon practical engineering work;" and substituting the words " for not less than three years in the practice of that division of engineering in which he seeks registration;"; (b) omitting paragraph (c) and the symbol and word "; or it following"that paragraph. 7. Amend m ent of s. 20. Section 20 of the Principal Act is-amended -by, in subsection{2), omitting the words " fifty pounds " and substituting the words" two hundred and fifty dollars ". 8. A m endment of s. 22. Section 22 of the Principal Act is amended by- {a) in subsection (1), (i) omitting the first paragraph and substituting the following paragraph:- " person registered as a professional engineer under this Act shall be entitled in connection with his practice as a professional engineer to use or publish the words " Registered Professional Engineer, Queensland, Division of " or the abbreviation " R.P.E.Q., Division of " followed by the name of the division of engineering in which he is registered."; (ii) inserting after the third paragraph the following paragraph:- " The provisions of the first and second paragraphs of this subsection do not apply in the case of a body or association of persons, where that body or association is unincorporated and consists wholly of persons being registered professional engineers, or in the case of an approved professional engineering company.";

534 Professional Engineers Act Amendment Act 1973, No. 60 (b) inserting after subsection ( 2) the following subsection:- " (2A) An approved professional engineering company shall not take, use or adopt in connection with engineering work or the practice of engineering work any name other than its name as. shown in the certificate of approval issued to it pursuant to section 23a."; (c) in subsection ( 3), omitting the words " twenty pounds " and substituting the words " fifty dollars ". 9. New Part 1VA. The Principal Act is amended by inserting after section 23 the following heading and section:- PART IVA-APPROVED PROFESSIONAL E NGINEERING COMPANIES 23A. Approval of bod y corporate - as approved professional engineering co m pany. ( 1) Subject to this Part , the Board may approve as an approved professional engineering company any body corporate if- (a) it is registered as a company under the Companies Act 1961-1972;. (b) its articles of association provide that at all times- (i) at least three - fifths of the directors of the company shall be registered professional engineers; (ii) the remaining two-fifths of those directors shall possess a professional qualification satisfactory to the Board; (iii) at least three-fifths of the total voting rights-of all directors of the company entitled to vote at a meeting of directors of the company shall be held by registered professional engineers; (iv) at least three - fifths of the total voting rights of all persons entitled to vote at a general meeting of members of the company shall be held by registered professional engineers; (v) the - principal executive officer of the company shall be a registered professional engineer; and (vi) a body corporate shall not be entitled to-be a director of the company; (c) the person having the actual personal supervision and management - of the business of the company at each place of business in the State is a registered professional engineer and is resident in the State; (d) at the time when application for approval is made, at least three-fifths of the directors of the company are registered professional engineers , the remaining two-fifths of those directors possess . a professional - qualification satisfactory to the B .ar and no body corporate is a director of the company; and (e) the application for approval is accompanied by a professional engineer's indemnity insurance policy in favour of that body corporate from an insurer licensed under The Insurance Acts 1960 to 1968 in the sum of $50,000 or such other sum, being not less than that sum, as i s from time to time prescribed.

Professional Engineers Act Amendment Act 1973, No. 60 535 (2) Application to the Board for approval under subsection (1)-- (a) shall be made as prescribed; (b) shall be supported by such evidence as the Board may require; (c) shall be accompanied by the prescribed fee and by the policy referred to in paragraph (e) of subsection (1).". 10. New ss. 23B and 23C. The Principal Act is amended by inserting after section 23A as inserted by this Act the following sections:- " 23B. Certificate of approval and renewal thereof. (1) Where the Board grants an approval pursuant to section 23A, it shall issue a certificate of approval as prescribed which shall take effect on and from the date of its issue and shall expire on the last day of February next following but may be renewed as provided by subsection (3). (2) Application to the Board by an approved professional engineering company for a renewal of its certificate of approval- (a) shall be made as prescribed; (b) shall be supported by such evidence as the Board may require; (c) shall be accompanied by the prescribed fee and by a certificate or other evidence of renewal of the policy referred to in section 23A (1) (e). (3) The Board may grant a renewal of a certificate of approval for a period of twelve months expiring on the last day of February in any year. 23C. Publication of approval. (1) The registrar shall, in the month of March in each year, furnish a list of approved professional engineering companies certified to be correct as at the first day of March of that year to the Minister who shall thereupon cause that list to be published in the Gazette as the " List of Approved Professional Engineering Companies in Queensland for the year (the year in which it is published) ". (2) A copy of the Gazette containing the list of approved professional engineering companies shall, upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence that the companies mentioned in the list are approved professional engineering companies for the year in question. (3) Where in any year a company is approved as an approved professional engineering company at a time that does not permit its name to be included in the list of approved professional engineering companies for that year, a certificate under the hand of the registrar that on any date or during any period referred to in the certificate, that company was an approved professional engineering company shall upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.

536 Professional Engineers Act Amendment Act 1973, No. 60 (4) Where in any year the approval of a company as an approved professional engineering company has been withdrawn and the name of that company appears on the list of approved professional engineering companies for that year, a copy of the Ga_--;tte containing a notification that the approval of that cot; , , my has been withdrawn shall, upon its production in any prxcaeding, be conclusive evidence that that company ceased to be an approved professional engineering company on and from the date specified in the notification.". 11. New ss. 23D and 23E. The Principal Act is amended by inserting after section 23c as inserted by this Act the following sections:- GG 23D. p r o " . ; E ' ?... _ ^: a_ s. (1) Every approved professional engineering company shall, within one month after any person becomes or ceases to te a director, principal executive officer or member of the company, lodge with the registrar a notice stating that fact and the name and residential address of that person and whether he is a registered professional engineer. (2) An approved professional engineering company that fails to comply with the provisions of this section or that lodges a notice under this section that is false or misleading in any material particular is guilty of an offence against this Act. 23E. Refusal to approve. If any application for approval as an approved professional engineering company or for the renewal of a certificate of approval under this Part is refused by the Board, the applicant may, within 28 days after the date of notification of refusal by the Board, appeal to the Supreme Court against such refusal. Any such appeal shall be by way of re-hearing and the decision of the Court thereon shall be final and conclusive, and the Board shall give effect thereto.". 12. New ss. 23F and 23G. The Principal Act is amended by inserting after section 23E as inserted by this Act the following sections:- " 23F. Withdrawal of approval. (1) The Board may by notification published in the Gazette withdraw any approval granted under this Part of this Act if the Board is satisfied that, with respect to the approved professional engineering company,- (a) the company has ceased to be registered as a company under the Companies Act 1961-1972; or (b) the articles of association of the company fail to provide at any time for any of the matters referred to in subparagraphs (i) to (vi) of paragraph (b) of subsection (1) of section 23A; or (c) less than three-fifths of the directors of the company are registered professional engineers; or (d) the remaining two-fifths of the directors of the company do not possess a professional qualification satisfactory to the Board; or

Professional Engineers Act Amendment Act 1973, No. 60 537 (e) less than three-fifths of the total voting rights of all directors entitled to vote at a meeting of directors are held by registered professional engineers; or (f) less than three-fifths of the total voting rights of all persons entitled to vote at a general meeting of members are held by registered professional engineers; or (g) the principal executive officer is not a registered professional engineer; or (h) a body corporate is a director; or (i) the person having the actual personal supervision and management of the business of the company at any place of business in the State is not a registered professional engineer or is not resident in the State; or (j) a director or other member of the company has an interest (other than his interest merely as a director or other member of the company) in a contract or agreement for the construction of a building or buildings in relation to which the company is the registered professional engineer unless the person on whose behalf the building is, or the buildings are, constructed or to be constructed has been notified before the contract or agreement was made of such interest; or (k) the name of any director or member of or person employed by the company has been removed from the register pursuant to section 19; or (1) the company has been convicted of an offence under subsection (2A) of section 22; or (m) the policy referred to in section 23A (1) (e) is not in force at any time during a period of approval or renewal of approval granted under this Act. (2) Before the Board withdraws an approval pursuant to subsection (1), it shall call upon the approved professional engineering company to show cause why the approval should not be withdrawn, and, for that purpose, it shall notify such company of a date and time (not earlier than 7 days after the service of that notification) and place when and where it may appear before the Board and show cause as aforesaid. (3) The approved professional engineering company may appear by counsel, solicitor or authorised agent. (4) When the Board calls upon an approved professional engineering company to show cause why its approval should not be withdrawn, the Board may, by notification published in the Gazette, suspend the approval pending the completion of those proceedings, and if it does so, then upon the completion of those proceedings, unless the Board withdraws the approval, the approval shall be revived on and from the date of completion of those proceedings. (5) Whilst a suspension of approval of an approved professional engineering company is in force, the approval shall for all purposes of this Act be deemed to have been withdrawn.

538 Professional Engineers Act Amendment Act 1973, No. 60 (6) Where the Board withdraws an approval pursuant to this section, the approved professional engineering company may, within 28 days after the date of notification in the Gazette, appeal to the Supreme Court against such withdrawal. 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. 23G. Surrender of certificate of approval . (1) Where the approval of an approved professional engineering company has been withdrawn or suspended pursuant to section 23F, such company shall, within 14 days after the publication in the Gazette of that withdrawal or suspension , surrender to the Board any certificate of approval issued to it under this Act. (2) A company that fails to surrender a certificate of approval in accordance with subsection (1) is guilty of an offence against this Act. (3) Where a certificate of approval is surrendered to the Board consequent upon the suspension of the approval pursuant to subsection (4) of section 23F and the Board does not, upon the completion of the proceedings referred to in that subsection, withdraw the approval, the certificate shall, upon completion of those proceedings, be re-issued by the Board. (4) The withdrawal or suspension, pursuant to section 23F of an approval shall be effectual, notwithstanding any failure to surrender any certificate of approval.". 13. Amendment of s. 24. Section 24 of the Principal Act is amended by, in subsection (2), omitting the words " one hundred pounds " and substituting the words " five hundred dollars ". 14. Amendment of s. 25. Section 25 of the Principal Act is amended by, in subsection (2), (a) omitting the words " twenty pounds " and substituting the words " fifty dollars "; (b) inserting after the words " hearing any charge " the words " or in any show cause proceedings ". 15. Amendment of s. 30 . Section 30 of the Principal Act is amended by, in subsection (2), omitting the words " twenty pounds " and substituting the words " fifty dollars ". 16. Amendment of s. 31 . Section 31 of the Principal Act is amended by- (a) inserting after paragraph (vi) the following paragraph:- " (vii) the conduct of show cause proceedings under section 23f ;"; (b) renumbering paragraphs (vii), (viii) and (ix) as paragraphs (viii), (ix) and (x) respectively; (c) omitting the words " twenty pounds " and substituting the words " fifty dollars ".

Professional Engineers Act Amendment Act 1973, No. 60 539 17. New s. 30A. The Principal Act is amended by inserting after section 30 the following section:- " 30A. Rules to regulate appeal. The power to make rules of the Supreme Court includes power to make rules not inconsistent with this Act that regulate the institution and conduct of an appeal under this Act.".