Surveyors Act Amendment Act 1983 (Qld)

40 (1ueextslanb UET ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1983 An Act to amend the SurveyorsAct 1977 -1980 in certain particulars [ASSENTED TO LOTH MARCH, 1983]

Surveyors Act Amendment Act 1983, No. 5 41 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. Short title and citation . (1) This Act may be cited as the Surveyors Act Amendment Act 1983. (2) In this Act the Surveyors Act1977-1980 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Surveyors Act1977-1983. 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 5 . Meaning of terms. Section 5 of the Principal Act is amended by- (a) after the definition " Committee " inserting the following definition:- " consulting surveyor " means a registered surveyor who- (a) is a body corporate; or (b) provides survey services to the public for a fee;"; (b) after the definition " co-operating state " inserting the following definition:- idennttiiffiiccaattiioonn survey " means a cadastral survey carried out for the purpose of identification, re-establishment, marking or remarking of existing boundaries of a piece of land or waters;". 4. New s. 20A. The Principal Act is amended by inserting after section 20 the following section " 20A. Investment of funds. (1) The Board may invest moneys which are surplus in any fund kept by it in one or more of the following investments :- (a) any form of interest bearing deposit with a bank; (b) securities guaranteed by the Government of the Commonwealth or of the State; (c) with an authorized and approved dealer in the short term money market; or (d) other securities approved by the Governor in Council by Order in Council on the recommendation of the Treasurer. Every such security shall be held either by the Board or to the account of the Board by its bank. The Board shall obtain and keep a safe custody receipt in respect of every such security held to its account by its bank.

42 Surveyors Act Amendment Act 1983, No. 5 (2) For the purposes of this section the expression " authorized and approved dealer " means a person who- (a) is an authorized dealer in the short term money market with established lines of credit with the Reserve Bank of Australia as a lender of last resort; and (b) is approved by the Governor in Council by Order in Council.". 5. Amendment of s. 23. Audit . Section 23 of the Principal Act is amended in the second paragraph by omitting the words " Audit Act 1874-1968 " and substituting the words " Financial Administration andAudit Act1977- 1981 ". 6. Amendment of s. 36. Qualification of Surveyor - General . Section 36 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section after the words " Surveyor - General " inserting the words " and of Deputy Surveyor - General "; (b) after the words " Surveyor-General inserting the words " or of Deputy Surveyor-General ". 7. Repeal of and new s. 38A. Qualification of surveying associates. The Principal Act is amended by omitting section 38A and substituting the following section:- " 38A. Qualification of surveying associates . A person is qualified to be registered as a surveying associate if he satisfies the Board that he is of good fame and character and is a fit and proper person to be so registered and- (a)- (i) if he has completed a course of study acceptable to the Board and is the holder of a diploma, certificate or other qualification conferred after .due examination by a prescribed educational institution; and (ii) if he has gained over a period of four years practical experience in surveying sufficient to satisfy the Board of his capacity to maintain a high level of performance in the technical aspect of the practice of surveying; or (b) he is otherwise qualified as prescribed.". 8. Amendment of s. 40. Registration of body corporate as surveyor. (1) Section 40 of the Principal Act is amended by inserting after subsection (3) the following subsections:-- " (4) The Governor in Council may make regulations not inconsistent with this Act providing with respect to- (a) registration and renewal of registration of bodies corporate as surveyors and the endorsement of the registration of bodies corporate as licensed surveyors, application for such

Surveyors Act Amendment Act 1983, No. 5 43 registration, renewal or endorsement and terms and conditions upon which such registration, renewal or endorsement may be granted; (b) returns to be lodged by bodies corporate; (c) a register of bodies corporate registered as surveyors, which register shall be and be deemed to be part of the register of surveyors kept and maintained under this Act, and the maintenance and inspection thereof; (d) the powers and duties of the Board to grant or refuse an application made under the regulations and to suspend or cancel the registration of a body corporate as a surveyor or its endorsement as a licensed surveyor; (e) the hearing of disciplinary charges by the Board against a body corporate that is a surveyor or a licensed surveyor for breaches of the regulations made under this section including the giving of notices to the body corporate and the right of appearance of the body corporate at the hearing; (f) the penalties to be imposed for breaches of the regulations but so that such penalty shall not exceed $2 000; (g) all matters that in his opinion are necessary or convenient to be prescribed to achieve the objects and purposes of this section. (5) The regulations made under this section shall not be construed to limit the operation of Parts IV and V in their application to bodies corporate as surveyors or licensed surveyors.". (2) Regulations made under the Principal Act before the commencement of this Act are and it is declared always were valid to the extent that they would be valid if they had been made after that commencement. (3) The register of bodies corporate kept and maintained by the Board pursuant to Regulation 17 of the Surveyors Regulations 1978 is and, it is declared, always was part of the register of surveyors kept and maintained by the Board under section 39 of the Principal Act. 9. New s. 42A. The Principal Act is amended by inserting after section 42 the following section:- "42A. Consulting surveyors . (1) In respect of a person registered as a surveyor or of an applicant for registration as a surveyor, the Board- (a) in the case of a body corporate; or (b) in any other case- (i) if it is satisfied that the person in question is, or intends after registration to be, a consulting surveyor; and (ii) upon payment to the Board of the prescribed fee, shall cause the registration of that person to be endorsed to the effect that the surveyor is a consulting surveyor.

44 Surveyors Act Amendment Act 1983, No. 5 (2) The Board may review and renew or refuse to renew the endorsement of a surveyor whose registration has been endorsed pursuant to subsection (1) (b) at any time of renewal of that registration.". 10. Amendment of s. 47. Holding out as surveyor unlawful. (1) Section 47 of the Principal Act is amended by- (a) in subsection (1), omitting the expression " $1000 " and substituting the expression " $2 000 "; (b) omitting subsection (3) and substituting the following subsection:- (3) Notwithstanding the provisions of this section, a person- (a) shall not use the words " registered " or " licensed " in association with the word " surveyor " unless he is registered or, as the case may be, licensed under the provisions of this Act; and (b) shall not use the words " consulting " or " consultant " in association with the word," surveyor " unless his registration as a surveyor is endorsed to show that he is a consulting surveyor. Penalty: $2 000.". (2) Provision (b) of section 47 (3) inserted in the Principal Act by subsection (1) does not apply in respect of a person who, immediately before the commencement of this Act is and continues to be registered as a surveyor until the time for the first renewal of that registration after that commencement whereupon that provision applies. 11. Amendment of s, 48 . Doing acts apt to mislead . Section 48 of the Principal Act is amended in subsection (1) by omitting the expression " $1000 " and substituting the expression " $2 000 ". 12. Amendment of s. 49 . Performance of cadastral surveys. Section 49 of the Principal Aci is amended by omitting from the second paragraph the expression " $1000 " and substituting the expression " $2 000 ". 13. Amendment of s. 51 . O btaining registration by false pretence. Section 51 of the Principal Act is amended by omitting the expression " $1000 " and substituting the expression " $2 000 ". 14. Amendment of s. 52. Correction of surveyor's errors. Section 52 of the Principal Act is amended by- (a) omitting subsection (5) and substituting the following subsections :- " (5) (a) If an error made by a surveyor in performance of a survey is not corrected as required by subsection (4), the Surveyor-General may instruct an inspecting surveyor to correct the error.

Surveyors Act Amendment Act 1983, No. 5 45 (b) Notwithstanding that a surveyor who made an error in performance of a survey has not been requested to correct the error, the Surveyor-General may instruct an inspecting surveyor to correct the error. (6) The costs necessarily incurred by an inspecting surveyor in the correction pursuant to subsection (5) of an error made by a surveyor in performance of a survey may, unless the Surveyor-General determines that the error was of a trivial nature, be recovered by the Surveyor- General from the surveyor whose error it, was by action in a court of competent jurisdiction for a debt due and owing to the Surveyor-General and unpaid."; (b) after subsection (6), as inserted, inserting the following subsection:-- 6' (7) If for any reason the Surveyor-General is unable to recover the costs referred to in subsection (6) the Surveyor-General may demand from the Board and the Board shall pay from the funds of the Board to the Surveyor-General the amount of those costs. Payment by the Board of the amount demanded by the Surveyor- General shall be deemed to be payment of an expense incurred in the administration of this Act.". 15. Amendment of s. 61. Disciplinary powers of Committee. Section 61 of the Principal Act is amended in subsection (1), in provision (b), by omitting the expression " $1000 " and substituting the expression "$2000". 16. Amendment of s. 66 . Appeals . Section 66 of the Principal Act is amended in subsection (1) by omitting provision (d) and substituting the following provisions:- ( dd) ) to cause his registration as a surveyor to be endorsed to the effect that he is a consulting surveyor; or (e) to renew an endorsement referred to in provision (c) or (d) ". 17. Amendment of s. 72. General penalty . Section 72 of the Principal Act is amended. in subsection (1) by omitting the expression " $200 " and substituting the words ", in the case of a body corporate, $2 000 or, in any other case, $400 ". 18. Amendment of s. 77. Regulations . Section 77 of the Principal Act is amended in subsection (1), in provision (n), by omitting the expression " $200 " and substituting the words ", in the case of a body corporate, $2 000 or, in any other case, $400 ". 19. Amendment of s. 79. Surveyor- General and Deputy Surveyor- General . Section 79 of the Principal Act is amended in subsection (1), in paragraph (a), by omitting the expression " 1922-1979 " and substituting the expression " 1922-1978 ".

46 Surveyors Act Amendment Act 1983, No. 5 7 20. Amendment of s. 80 . Delegation by Surveyor -General . Section 80 of the Principal Act is amended in subsection (6) by omitting the word 11 subsection " and substituting the word " section ".