Surveyors Act 2001 (ACT)
Surveyors Act 2001 (repealed)
A2001-2
Republication No 7
Effective: 14 November 2007
Republication date: 14 November 2007
As repealed by A2007-33 s 85 (1)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Surveyors Act 2001 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 14 November 2007.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Surveyors Act 2001 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
Notes 2
Part 2Commissioner for surveys
Commissioner for Surveys 3
Functions 3
Appointment of commissioner 4
Term of appointment 4
Eligibility 4
Conditions of appointment generally 4
Leave of absence 4
Ending of commissioner’s appointment 5
Delegation by commissioner 5
Protection from liability 5
Part 3Registration of surveyors
Division 3.1 Administration
The register 6
Particulars to be entered in the register 6
Division 3.2 Eligibility for registration
Application for registration 7
General eligibility requirements 7
Reciprocating jurisdictions 8
Supporting evidence for applications 8
Deciding applications 9
Certificate of registration 9
Division 3.3 General provisions relating to surveyors
Annual registration fee 10
Changes of address to be notified 11
Voluntary cancellation of registration 11
Changes to register 11
Inquiries about registered addresses 12
Surrender of certificate on cancellation or suspension of registration 12
Part 4Disciplinary provisions
Meaning of disciplinary notice for pt 4 13
Grounds for disciplinary notice 13
Disciplinary notices 14
Suspension pending completion of inquiry 14
Inquiries 15
Suspension of interstate registration 16
Part 5The practice of surveying
Only surveyors to carry out certain surveys 17
Certificates to be given only by surveyors 18
Pretending to be a surveyor 18
Ministerial directions about the practice of surveying 18
Surveyors to comply with directions 19
Surveys to comply with directions 19
Power of entry on land and in buildings 20
Damage by surveyor 21
Destruction of, or damage to, survey marks 21
Production of evidence of field procedures to commissioner 22
Part 6Miscellaneous
Determination of fees 23
Review of decisions 23
Evidentiary value of certificates 24
Approved forms 24
Regulation-making power 25
Dictionary26
Endnotes
About the endnotes 27
Abbreviation key 27
Legislation history 28
Amendment history 29
Earlier republications 31
Surveyors Act 2001 (repealed)
An Act to regulate the practice of land surveying, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Surveyors Act 2001.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.
For example, the signpost definition ‘disciplinary notice—see section 29.’ means that the term ‘disciplinary notice’ is defined in that section.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
Part 2Commissioner for surveys
Commissioner for Surveys
The position of Commissioner for Surveys is established.
Functions
The commissioner has the following functions:
(a)to develop standards for the practice of surveying;
(b)to consult with entities (including organisations that represent surveyors in the Territory) on major policy issues affecting the practice of surveying;
(c)to enter into arrangements with the appropriate authority of any place outside Australia (other than New Zealand) for the reciprocal recognition of surveying qualifications and eligibility to practise;
(d)to liaise and enter into arrangements with any entity that, in Australia or elsewhere, is concerned with surveyors and the practice of surveying, for the purpose of improving or reviewing—
(i)standards for the practice of surveying; and
(ii)the qualifications and professional development of surveyors; and
(iii)the commissioner’s functions under this Act;
(e)to exercise any other function given to the commissioner under this Act or any other Territory law.
Note Territory laws that give functions to the commissioner include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64.
Appointment of commissioner
(1)The commissioner is appointed by the Minister.
NoteFor the making of appointments (including acting appointments), see Legislation Act 2001, pt 19.3.
(2)The Legislation Act 2001, division 19.3.3 (Appointments—Assembly consultation) applies to the appointment of a public servant as commissioner.
NoteCertain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act 2001, div 19.3.3).
(3)Subsection (2) has effect despite the Legislation Act 2001, section 227 (2) (a) (Application of div 19.3.3).
Term of appointment
The commissioner must be appointed for a term of not longer than 5 years.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act 2001, s 208 and dict, pt 1, def of appoint).
Eligibility
A person is eligible to be appointed commissioner only if the person is, or is eligible to be, registered as a surveyor under this Act.
Conditions of appointment generally
The commissioner holds the position on the conditions not provided by this Act or another Territory law that are decided by the Minister.
Leave of absence
The Minister may give the commissioner leave of absence on conditions about remuneration and other matters decided by the Minister.
Ending of commissioner’s appointment
The Minister may end the commissioner’s appointment—
(a)for misbehaviour or physical or mental incapacity; or
(b)if the commissioner becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(c)if the commissioner is absent from duty, except on leave given by the Minister, for 14 consecutive days or for 28 days in any 12 months.
NoteThe commissioner’s appointment also ends if the commissioner resigns (see Legislation Act 2001, s 210).
Delegation by commissioner
The commissioner may delegate the commissioner’s functions under this Act or another Territory law to a public servant.
NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act 2001, pt 19.4.
Protection from liability
(1)In this section:
official means—
(a) the commissioner; or
(b) a person acting under the commissioner’s direction or authority.
(2)An official does not incur civil liability for an act or omission done honestly and without negligence for this Act.
(3)A liability that would, apart from this section, attach to an official attaches instead to the Territory.
Part 3Registration of surveyors
Division 3.1 Administration
The register
(1)The commissioner must keep a register of surveyors.
(2)The register may be kept in any form, including electronic form, that the commissioner decides.
(3)The commissioner must make the register available to the public.
(4)The commissioner may give to a person a copy of a part of, or an entry from, the register certified by the commissioner to be a true copy.
Particulars to be entered in the register
(1)The commissioner must enter in the register the following particulars in relation to a registered surveyor:
(a)his or her name;
(b)the address of each place in the ACT where the surveyor carries on the practice of surveying or, if the surveyor has no such address, his or her home address;
(c)his or her qualifications;
(d)his or her date of birth;
(e)a registration number allotted to the surveyor by the commissioner;
(f)the date of his or her registration;
(g)any other particulars prescribed under the regulations.
(2)The commissioner may enter in the register any other particulars the commissioner considers appropriate.
(3)The commissioner may correct any mistake, error or omission in the register.
Division 3.2 Eligibility for registration
Application for registration
A person may apply to the commissioner for registration.
General eligibility requirements
(1)A person is eligible to be registered as a surveyor if the person—
(a)has the educational qualifications, practical training and field experience that, under the regulations, are sufficient for the practice of surveying; or
(b)is entitled to be registered under mutual recognition legislation; or
(c)is registered, licensed or otherwise authorised to practise as a surveyor of land in a reciprocating jurisdiction; or
(d)satisfies the commissioner that the person is competent to practise surveying by having, in a place outside Australia other than a reciprocating jurisdiction, successfully completed the courses of study, and obtained the practical experience, that the commissioner considers appropriate.
(2)However, a surveyor whose registration is suspended is not eligible to be registered.
(3)Also, a person who is not authorised to practise surveying because his or her registration, licence or other authorisation as a surveyor of land has been cancelled or otherwise terminated, or suspended, whether under this Act (other than section 23 (3)) or any other law of the Territory or another place, is eligible to be registered only if—
(a)the person is entitled to be registered under mutual recognition legislation; or
(b)for a cancellation or termination—the commissioner is satisfied that the reasons that led to the cancellation or termination no longer apply or are not relevant.
Reciprocating jurisdictions
(1)The commissioner may enter into arrangements with the appropriate authority of any place outside Australia (other than New Zealand) for the reciprocal recognition of—
(a)the eligibility to carry on the practice of surveying; and
(b)any qualifications or experience required to carry on that practice; and
(c)any disciplinary action taken in relation to a surveyor.
(2)The commissioner may enter into arrangements with the appropriate authority of a place only if the practice of land surveying may, under the law of the place, be carried on only by a person who is registered, licensed or otherwise authorised for the purpose.
(3)A reciprocating jurisdiction is a place in relation to which an arrangement under subsection (1) is in force.
Supporting evidence for applications
(1)This section applies if the commissioner receives an application for registration.
(2)The commissioner may require the applicant to give to the commissioner any additional documents or other information that the commissioner reasonably needs to decide the application.
(3)The commissioner may make the inquiries that the commissioner reasonably needs to decide the application.
Deciding applications
(1)The commissioner must register a person who applies for registration if—
(a)the person is eligible for registration; and
(b)all the requirements of this Act relating to the application have been met.
(2)The commissioner must refuse to register a person who applies for registration if—
(a)the person is not eligible for registration; or
(b)all the requirements of this Act relating to the application have not been met.
Certificate of registration
(1)A surveyor may apply to the commissioner for a certificate (a certificate of registration), signed by the commissioner, that states the name and date of registration of the surveyor under Territory law.
(2)The commissioner must give the surveyor a certificate of registration if all the requirements under this Act relating to the application have been met.
(3)The commissioner must refuse to give the surveyor a certificate of registration if all the requirements under this Act relating to the application have not been met.
Division 3.3 General provisions relating to surveyors
Annual registration fee
(1)Before 1 July in each financial year, a surveyor must pay to the commissioner the annual registration fee for the financial year.
(2)A surveyor who does not comply with subsection (1) in relation to a financial year must pay a late registration surcharge for the financial year to the commissioner.
(3)The registration of a surveyor is automatically cancelled if the surveyor—
(a)does not comply with subsection (1); and
(b)does not pay the annual registration fee and the late registration surcharge for the financial year by 1 November in the financial year.
(4)A person whose registration has been cancelled under subsection (3) may apply to the commissioner for revocation of the cancellation within 3 years after the cancellation.
(5)The commissioner must revoke a cancellation under subsection (3) if—
(a)the annual registration fee and late registration surcharge that have become payable by the applicant are paid; and
(b)the requirements of this Act relating to the application for revocation have been met.
(6)In this section:
annual registration fee, for a financial year, means the fee determined under section 46 for subsection (1) for the financial year.
late registration surcharge, for a financial year, means the fee determined under section 46 for subsection (2) for the financial year.
Changes of address to be notified
(1)A registered surveyor who has a registered professional address must tell the commissioner in writing, within 21 days, of any of the following:
(a)a change in the professional address;
(b)the setting up of an additional professional address in the ACT;
(c)that the address has ceased to be a professional address of the surveyor.
Maximum penalty: 5 penalty units.
(2)A registered surveyor who has no registered professional address must tell the commissioner in writing, within 21 days, of—
(a)the setting up of a professional address in the ACT; or
(b)any change in his or her home address.
Maximum penalty: 5 penalty units.
Voluntary cancellation of registration
The commissioner must cancel the registration of a surveyor if—
(a)the surveyor asks, in writing, that it be cancelled; and
(b)the surveyor surrenders any certificate of registration given to the surveyor or satisfies the commissioner that any certificate given to the surveyor has been lost, stolen or destroyed; and
(c)the commissioner is satisfied that the surveyor is not in contravention of any provision of this Act.
Changes to register
(1)The commissioner must remove from the register the name and particulars of a registered surveyor—
(a)who has died; or
(b)whose registration has been cancelled.
(2)The commissioner must enter in the register any changes notified under section 24.
Inquiries about registered addresses
(1)The commissioner may, by notice sent by post to a surveyor at any address of the surveyor shown on the register, ask whether—
(a)the surveyor’s address or addresses shown on the register are still correct; or
(b)the surveyor has set up any additional professional address.
(2)If the commissioner does not receive an answer to a notice sent to a surveyor under subsection (1) within 2 months after sending the notice to the surveyor, the commissioner may cancel the surveyor’s registration.
Surrender of certificate on cancellation or suspension of registration
(1)The commissioner may, by written notice given to a person whose registration is suspended or cancelled, require the person to return to the commissioner, within 14 days after receiving the notice, any certificate of registration issued to the person.
(2)A person must not, without reasonable excuse, fail to comply with a notice given to the person under subsection (1).
Maximum penalty: 5 penalty units.
Part 4Disciplinary provisions
Meaning of disciplinary notice for pt 4
In this part:
disciplinary notice means a notice that complies with section 31.
Grounds for disciplinary notice
The commissioner may give a disciplinary notice to a surveyor if the commissioner believes that any of the following grounds apply to the surveyor:
(a)the surveyor’s registration has been obtained because of a false or misleading statement or document;
(b)the registration, licence or authorisation of the surveyor to practise as a surveyor of land in another State, New Zealand or a reciprocating jurisdiction has been cancelled or terminated otherwise than at the surveyor’s own request;
(c)the surveyor has certified to the accuracy of a survey knowing it to be inaccurate;
(d)the surveyor has, deliberately or through carelessness or incompetence, made a survey that is so inaccurate or defective as to be unreliable;
(e)a survey has been carried out, or a plan prepared, by or under the supervision of the surveyor, that contravenes section 40;
(f)the surveyor has contravened a provision of this Act;
(g)the surveyor no longer holds an educational qualification sufficient for the practice of surveying.
NoteFor how documents may be served, see Legislation Act 2001, pt 19.5.
Disciplinary notices
(1)A disciplinary notice given to a surveyor must—
(a)state the grounds on which the notice is given; and
(b)state particulars of each ground sufficient to identify the circumstances that give rise to the ground; and
(c)state a time and place where the inquiry into the grounds will be held; and
(d)if the surveyor’s registration is suspended under section 32—state that the surveyor’s registration is suspended pending completion of an inquiry into the grounds.
(2)For subsection (1) (c), the time must be not less than 10 days and, if the surveyor’s registration is suspended when the notice is sent, not more than 28 days, after the surveyor is given the notice.
Suspension pending completion of inquiry
(1)This section applies if—
(a)the commissioner gives, or proposes to give, a disciplinary notice to a surveyor; and
(b)the commissioner considers it necessary in the public interest to suspend the surveyor’s registration until the completion of the inquiry into the grounds stated, or to be stated, in the notice.
(2)In deciding whether to suspend the surveyor’s registration, the commissioner must have regard to the circumstances leading to the decision to send the disciplinary notice and the grounds stated, or to be stated, in the notice.
(3)If this section applies, the commissioner may suspend the surveyor’s registration by the disciplinary notice or a later notice given to the surveyor.
(4)The commissioner may, at any time before the completion of the inquiry, revoke the suspension by notice given to the surveyor.
(5)Unless sooner revoked, the suspension ceases to have effect when the commissioner tells the surveyor of the outcome of the inquiry.
Inquiries
(1)If the commissioner gives a surveyor a disciplinary notice, the commissioner must inquire into each ground stated in the notice.
(2)The commissioner is not bound by legal procedures or the rules of evidence, but may inform himself or herself in any way the commissioner considers appropriate, but must observe natural justice.
(3)The surveyor may appear personally before the commissioner and make written representations to the commissioner, but may not be represented by someone else without the commissioner’s leave.
(4)The commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner.
NoteFor the taking of an oath or the making of an affirmation, see the Oaths and Affirmations Act 1984.
(5)At the completion of the inquiry the commissioner must decide whether each ground stated in the notice is established.
(6)If the commissioner is satisfied that a ground is established, the commissioner may—
(a)reprimand the surveyor; or
(b)suspend the surveyor’s registration for not longer than 3 years; or
(c)cancel the surveyor’s registration.
(7)The commissioner must tell the surveyor in writing of the outcome of the inquiry.
(8)If the commissioner decides to suspend or cancel the surveyor’s registration, the commissioner must also tell the surveyor when the suspension or cancellation takes effect.
(9)A suspension or cancellation must not take effect earlier than the day after the surveyor is told of the outcome of the inquiry.
Suspension of interstate registration
If the entitlement of a surveyor to practise as a surveyor of land in a State, New Zealand or a reciprocating jurisdiction is suspended, the commissioner may suspend the registration of the surveyor until the surveyor may again practise in the place where the entitlement is suspended.
Part 5The practice of surveying
Note In this part, surveyor does not include a person whose registration is suspended (see dict, def of surveyor).
Only surveyors to carry out certain surveys
A person who is not a surveyor must not survey land for the purpose of—
(a)defining, redefining or marking the boundaries of land divided or to be divided under the Districts Act 2002; or
(b)deciding, for fee or reward, whether improvements are or are not within the boundaries of any land; or
(c)defining, redefining or marking the boundaries of a public place or public road within the meaning of the Roads and Public Places Act 1937; or
(d)defining, redefining or marking the boundaries of land in relation to which an interest has been, or is to be, created; or
(e)defining, redefining or marking the boundaries of land to be resumed under a Territory or Commonwealth law.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Certificates to be given only by surveyors
A person who is not a surveyor must not give, or purport to give, a certificate that, under a Territory law, is required to be given by a surveyor.
Maximum penalty: 30 penalty units.
Pretending to be a surveyor
A person who is not a surveyor must not—
(a)pretend to be a surveyor; or
(b)pretend to be qualified to carry out a survey for a purpose mentioned in section 35.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Ministerial directions about the practice of surveying
(1)The Minister may issue directions with respect to the practice of surveying, including, for example—
(a)the preparation of plans showing the results of surveys; and
(b)the preparation and keeping of field procedures relating to surveys; and
(c)the supervision of persons assisting surveyors in the preparation of surveys; and
(d)the nature and position of survey marks; and
(e)the achievement of accuracy in surveying.
(2)Before issuing a direction, the Minister must—
(a)require the commissioner—
(i)to consult on the proposed direction with entities that, in the ACT, represent surveyors and other entities that appear to the commissioner to have a relevant interest in the proposed direction; and
(ii)report to the Minister on the results of the consultations; and
(b)have regard to the commissioner’s report.
(3)A direction may provide that—
(a)the commissioner may exempt a surveyor from a stated requirement of the direction; and
(b)the exemption may be subject to conditions decided by the commissioner.
(4)An exemption that is subject to a condition does not have effect if the condition is not complied with.
(5)A direction under subsection (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Surveyors to comply with directions
A surveyor must comply with each direction under section 38 that applies to the surveyor.
Surveys to comply with directions
A survey carried out, or a plan prepared, by or under the supervision of a surveyor—
(a)must comply with all applicable directions under section 38; and
(b)must carry an annotation summarising all applicable exemptions and setting out sufficient particulars to enable the exemptions and any relevant conditions to be identified.
Power of entry on land and in buildings
(1)For the purpose of conducting a survey, a surveyor or a person assisting a surveyor may at any reasonable time, in accordance with this section—
(a)enter on any land, including land that is not to be surveyed; and
(b)open a door, gate or fence; and
(c)place a survey mark on the ground of any land entered; and
(d)enter any building; and
(e)trim a tree or bush obstructing a survey.
(2)A surveyor or a person assisting a surveyor may enter land that is not owned by the person for whom the survey is being conducted only if, before entering, the surveyor has given to the owner of the land reasonable notice, oral or written, of the surveyor’s intention to enter the land.
(3)A surveyor or a person assisting a surveyor may enter a building or part of a building that is not occupied by the person for whom the survey is being conducted only—
(a)if the occupier has consented, in writing, to the entry; or
(b)in accordance with an order of a magistrate.
(4)A surveyor or a person for whom a survey is being, or is to be, conducted, may apply to a magistrate for an order under subsection (3) (b).
(5)A person must not, without reasonable excuse, hinder or obstruct a surveyor, or a person assisting a surveyor, in the exercise of the surveyor’s powers under subsection (1).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Damage by surveyor
(1)This section applies if a surveyor or a person assisting a surveyor damages anything when exercising or purporting to exercise a power under section 41.
(2)The surveyor or person assisting the surveyor must immediately give written notice of particulars of the damage to the person who appears to be the owner of the thing.
(3)However, if for any reason it is not practicable to comply with subsection (2), the surveyor or person assisting the surveyor must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.
(4)The surveyor is liable to pay compensation for the damage to the owner of the thing.
(5)The surveyor is entitled to be reimbursed by the person for whom the survey is being conducted for any compensation payable under subsection (4) that is reasonably and necessarily caused in carrying out the survey.
Destruction of, or damage to, survey marks
(1)A person must not, without reasonable excuse interfere with, change or remove a survey mark.
Maximum penalty: 20 penalty units.
(2)If a person is convicted or found guilty of an offence against subsection (1), the court may order, in addition to any other penalty, that the person pay the reasonable costs of re-establishing the survey mark.
Production of evidence of field procedures to commissioner
(1)The commissioner may, by written notice, require a surveyor to produce to the commissioner stated evidence of field procedures that the commissioner reasonably requires for the exercise of the commissioner’s functions under this Act or any other Territory law.
Note Territory laws that give functions to the commissioner include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64.
(2)A surveyor must not fail, without reasonable excuse, to comply with a notice given to the surveyor under subsection (1).
Maximum penalty: 50 penalty units.
(3)The commissioner may keep material produced under this section for the time reasonably necessary to make a copy of it.
(4)In this section:
field procedures means the field procedures that a surveyor is required under this Act to keep.
Part 6Miscellaneous
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Review of decisions
(1)Application may be made to the administrative appeals tribunal for review of a decision of the commissioner—
(a)refusing to register a person under section 21 (2); or
(b)refusing to revoke the cancellation of a registration under section 23 (5); or
(c)refusing to cancel a registration under section 25; or
(d)cancelling a registration under section 27 (2); or
(e)suspending a registration under section 32; or
(f)reprimanding a surveyor under section 33 (6) (a); or
(g)suspending a registration under section 33 (6) (b); or
(h)cancelling a registration under section 33 (6) (c); or
(i)suspending a registration under section 34; or
(j)refusing to give an exemption under section 38; or
(k)giving an exemption under a direction under section 38 that is subject to a condition.
(2)If the commissioner makes a decision mentioned in subsection (1), the commissioner must give written notice of the decision to each person affected by the decision.
(3)The notice must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
Evidentiary value of certificates
(1)In any proceeding—
(a)a certificate of registration is evidence of the matters stated in it; and
(b)a certificate signed by or on behalf of the commissioner stating that on a date or during a period stated in the certificate a person named in the certificate was or was not registered is evidence of the matters so stated.
(2)Unless the contrary is proved, a document that purports to be a certificate mentioned in subsection (1) is taken to be such a certificate.
Approved forms
(1)The commissioner may approve forms for this Act.
(2)If the commissioner approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see Legislation Act 2001, s 255.
(3) An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
(1)The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may make provision for the registration of persons under this Act, including the registration of persons who are entitled to be registered under another Territory law or a Commonwealth law.
Dictionary
(see s 2)
Note 1The Legislation Act 2001 contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·appoint
·exercise
·function.
certificate of registration—see section 22.
commissioner means the Commissioner for Surveys.
disciplinary notice—see section 29.
field procedures means field notes, records, measurements or calculations.
mutual recognition legislation means the Mutual Recognition Act 1992 (Cwlth) or the Trans-Tasman Mutual Recognition Act 1997 (Cwlth).
reciprocating jurisdiction—see section 19.
register means the register of surveyors kept under section 15.
registered means registered under this Act.
survey means the survey of land for a purpose mentioned in section 35.
surveyor means a person registered under this Act, but, for part 5 (The practice of surveying), does not include a person whose registration is suspended.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
Surveyors Act 2001 No 2
notified 8 March 2001 (Gaz 2001 No 10)
s 1, s 2 commenced 8 March 2001 (IA s 10B)remainder commenced 26 July 2001 (s 2 and Gaz 2001 No 30)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 377
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 377 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Legislation Amendment Act 2002 No 11 pt 2.45
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.45 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 No 30 pt 3.81
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))pt 3.81 commenced 17 September 2002
Districts Act 2002 No 39 pt 1.7
notified LR 10 October 2002
s 1, s 2 commenced 10 October 2002 (LA s 75 (2))pt 1.7 commenced 11 October 2002 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.88
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.88 commenced 9 April 2004 (s 2 (1))
as repealed by
Surveyors Act 2007 A2007-33 s 85
notified LR 25 October 2007
s 1, s 2 commenced 25 October 2007 (LA s 75 (1))s 85 commenced 14 November 2007 (s 2 and CN2007-15)
Amendment history
Dictionary
s 2orig om R1 (LA s 89 (4))
ins 2002 No 30 amdt 3.890
Definitions for Act
s 4am 2001 No 44 amdt 1.3968, amdt 1.3969
def this Act om 2001 No 44 amdt 1.3967
defs reloc to dict 2002 No 30 amdt 3.891
om 2002 No 30 amdt 3.892
Functions
s 6am 2002 No 30 amdt 3.893; 2002 No 39 amdt 1.7
Appointment of commissioner
s 7am 2002 No 11 amdt 2.90, amdt 2.91
sub 2002 No 30 amdt 3.894
Term of appointment
s 8sub 2002 No 30 amdt 3.895
Conditions of appointment generally
s 10sub 2002 No 30 amdt 3.896
Leave of absence
s 11sub 2002 No 30 amdt 3.896
Delegation by commissioner
s 13sub 2002 No 30 amdt 3.897
Grounds for disciplinary notice
s 30am 2002 No 30 amdt 3.898
Inquiries
s 33am 2002 No 30 amdt 3.899
Only surveyors to carry out certain surveys
s 35am 2002 No 39 amdt 1.8
Ministerial directions about the practice of surveying
s 38am 2001 No 44 amdt 1.3970
Production of evidence of field procedures to commissioner
s 44am 2002 No 39 amdt 1.9
False or misleading statements etc
s 45om A2004-15 amdt 2.180
Determination of fees, charges and other amounts
s 46sub 2001 No 44 amdt 1.3971
Fees, charges and other amounts payable to Territory in accordance with determinations etc
s 47om 2001 No 44 amdt 1.3971
Regulations may make provision about fees, charges and other amounts
s 48om 2001 No 44 amdt 1.3971
Approved forms
s 51am 2001 No 44 amdt 1.3972 (and see 2002 No 30 amdt 3.900)
Regulation-making power
s 52am 2001 No 44 amdt 1.3973, amdt 1.3974
Transitional
pt 7 hdgexp 26 July 2002 (s 60)
Definitions for pt 7
s 53exp 26 July 2002 (s 60)
Surveyors registered at commencement
s 54exp 26 July 2002 (s 60)
Certificates of registration
s 55exp 26 July 2002 (s 60)
Changes of address
s 56exp 26 July 2002 (s 60)
Disciplinary action
s 57exp 26 July 2002 (s 60)
Surrender of certificates
s 58exp 26 July 2002 (s 60)
Proceedings and evidence
s 59exp 26 July 2002 (s 60)
Expiry of pt 7
s 60exp 26 July 2002 (s 60)
Dictionary
dictins 2002 No 30 amdt 3.361
def certificate of registration reloc from s 4 2002 No 30 amdt 3.891
def commissioner reloc from s 4 2002 No 30 amdt 3.891
def disciplinary notice reloc from s 4 2002 No 30 amdt 3.891
def field procedures reloc from s 4 2002 No 30 amdt 3.891
def mutual recognition legislation reloc from s 4 2002 No 30 amdt 3.891
def reciprocating jurisdiction reloc from s 4 2002 No 30 amdt 3.891
def register reloc from s 4 2002 No 30 amdt 3.891
def registered reloc from s 4 2002 No 30 amdt 3.891
def survey reloc from s 4 2002 No 30 amdt 3.891
def surveyor reloc from s 4 2002 No 30 amdt 3.891
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 2001 No 44 12 September 2001 2 Act 2002 No 11 30 May 2002 3 Act 2002 No 11 27 July 2002 4 Act 2002 No 30 3 October 2002 5* A2002-39 11 October 2002 6 A2004-15 9 April 2004
© Australian Capital Territory 2007
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