Surveyors Act Amendment Act 1989 (Qld)

1951 SURVEYORS ACT AMENDMENT ACT ANALY SIS OF CONTENTS 1. Short title 2. Commencement 3. Citation 4. Amendment of s. 40. Registration of body corporate as surveyor 5. Repeal of and new s. 42A Consulting surveyors 6. Amendment of s. 46. Annual publication of list of registered persons 7. Amendment of s. 61. Disciplinary powers of Committee 8. Amendment of s. 62. Effect of Committee's orders 9. New ss. 65A, 65B, and 65c Board may punish Board to give notice of its intention to proceed pursuant to section 65A Publication by the Board 10. Amendment of s. 77. Regulations ueenslartb ANNO TRICESIMO OCTAVO ELIZABETI -IAE SECJNI)AE REGINAE No. 115 of 1 An Act to amend the SurveyorsAct 1977-1987 in certain particulars [ASSENTED TO 31ST OCTOBER, 1989]

1952 Surveyors Act Amendment Act 1989, No. 115 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 . This Act may be cited as the Surveyors Act Amendment Act 1989. 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 the day appointed by Proclamation. 3. Citation . (1) In this Act the Surveyors Act 1977-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Surveyors Act 1977-1989. 4. Amendment of s. 40. Registration of body corporate as surveyor. Section 40 of the Principal Act is amended by- (a) in subsection (1)- (i) inserting after the words "licensed surveyors" the words "or consulting surveyors"; (ii) inserting after the words "licensed surveyor" the words "or consulting surveyor"; (b) in subsection (2), inserting after the words "licensed surveyor" where twice occurring the words "or consulting surveyor"; (c) in subsection (4)- (i) in paragraph (a), inserting after the words "licensed surveyors" the words "and consulting surveyors"; (ii) in paragraph (d), inserting after the words "licensed surveyor" the words "or consulting surveyor"; (iii) in paragraph (e), omitting the words "or a licensed surveyor" and substituting the words ", a licensed surveyor or a consulting surveyor"; (d) in subsection (5), omitting the words "or licensed surveyors" and substituting the words ", licensed surveyors or consulting surveyors". 5. Repeal of and new s . 42A. Section 42A of the Principal Act is repealed and the following section substituted:- "42A. Consulting surveyors. (1) A registered surveyor is qualified to have his registration endorsed to the effect that he is a consulting surveyor if (a) in the case of an individual, that individual; (b) in the case of a body corporate, each of the directors thereof who is a registered surveyor,

Surveyors Act Amendment Act 1989, No. 115 1953 pays the prescribed fee and satisfies the Board that- (c) he is, or intends after registration to be, a consulting surveyor; (d) he is of good fame and character and a fit and proper person to have his registration so endorsed; (e) he has gained practical experience in surveying sufficient to satisfy the Board of his capacity to maintain a high level of performance in all aspects (ethical, administrative and technical) of the practice of a consulting surveyor; and (f) he holds the additional qualifications prescribed (if any). The qualifications which may be prescribed pursuant to paragraph (f) may be that, or include, either or both of the requirements that the applicant to have his registration endorsed as a consulting surveyor shall satisfy criteria set by or obtain a certificate issued by the Institution of Surveyors, Australia (Queensland Division). (2) A registered surveyor who immediately before the commencement of the Surveyors Act Amendment Act 1989 had his registration endorsed to the effect that he was a consulting surveyor is entitled to continue to have his registration so endorsed until the time for renewal thereof. (3) The Board may review and renew or refuse to renew the endorsement of a surveyor whose registration has been endorsed pursuant to this section at any time of renewal of that registration. (4) A person shall not practise or hold himself out as a consulting surveyor unless the person is a registered surveyor and (a) where the person is an individual, his registration as a registered surveyor is endorsed to the effect that he is a consulting surveyor; (b) where the person is a body corporate, the registration of the body corporate and each of its directors who is a registered surveyor is endorsed to the effect that it or he is a consulting surveyor. Penalty: 40 penalty units. (5) Where any act or omission constitutes an offence under both subsection (4) of this section and section 47 (3) (b) a person may be prosecuted under either provison but shall not be prosecuted under both provisions. (6) A person may apply simultaneously to be registered as a surveyor and to have that registration endorsed to the effect that he is a consulting surveyor.

1954 Surveyors Act Amendment Act 1989 , No. 115 (7) This section does not apply to a person who belongs to a class of surveyor referred to in section 47 (2) unless he is a registered surveyor.". 6. Amendment of s. 46 . Annual publication of list of registered persons. Section 46 of the Principal Act is amended in subsection (1) by inserting after the words "licensed surveyor," the words "consulting surveyor,". 7. Amendment of s. 61. Disciplinary powers of Committee . Section 61 of the Principal Act is amended in subsection (1) by inserting after paragraph (g), the following paragraphs:- "(ga) order that the endorsement pursuant to section 42A of the registration of the consulting surveyor against whom the charge was brought be suspended for a period not exceeding three years; (gb) order that the endorsement pursuant to section 42A of the registration of the consulting surveyor against whom the charge was brought be cancelled;". 8. Amendment of s. 62 . Effect of Committee 's orders. Section 62 of the Principal Act is amended by inserting after subsection (4), the following subsection:- "(4A) Where a Committee has ordered the cancellation or suspension of the endorsement as a consulting surveyor of the registration of a registered person the Board shall cause that endorsement to be removed from the register of surveyors.". 9. New ss. 65A, 65B and 65c. The Principal Act is amended by inserting after section 65, the following sections:- "65A. Board may punish . (1) Subject to section 65B, where the Board is of the opinion that disciplinary action in respect of a matter referred to in section 54 (1) (hereinafter referred to in this section and section 65B as "the misconduct") should be taken against a registered person pursuant to this Part but considers the misconduct is nevertheless not of such a nature as to warrant a charge against that registered person, it may in lieu of so charging him- (a) order him to pay to the Board by way of penalty a sum of money in no case exceeding 10 penalty units; (b) admonish or reprimand him; or (c) adjourn the matter of dealing with him pursuant to paragraph (a) or (b) for a period not exceeding 12 months. (2) An order made pursuant to subsection I (a) may contain a direction that the registration under this Act of the registered person concerned be suspended for a specified period if he fails to pay the sum of money to the Board within a specified time

Surveyors Act Amendment Act 1989, No . 115 1955 and, if the money is not paid within that time, his registration shall be suspended accordingly. The Board shall cause an endorsement of any suspension and the cause thereof to be entered against the relevant registration in the appropriate register. Suspension pursuant to this subsection shall be in addition to and not in lieu of payment of the sum of money. (3) Where the Board adjourns a matter for a period pursuant to subsection 1 (c) it shall reconsider the matter at the end of that period and, taking into consideration the conduct of the registered person during that period, proceed pursuant to subsection 1 (a) or (b) or take no further action. (4) Where the Board takes disciplinary action against a registered person pursuant to subsection (1) it may order him to pay to the Board such costs as it thinks fit. 65B. Board to give notice of its intention to proceed pursuant to section 65A. (1) Before dealing with a registered person pursuant to section 65A (1) the Board shall give to him written notice of its intention so to do and shall state in the notice- (a) the misconduct with which, in the opinion of the Board, he may otherwise be charged; (b) that within the time specified in the notice, which time shall not be earlier than 14 days after the date of the notice, he may- (i) make written representations to the Board concerning the alleged misconduct; (ii) request the Board to hear him in relation to the alleged misconduct; or (iii) require the Board to charge him with the alleged misconduct. (2) Where a registered person requests the Board to hear him in relation to the alleged misconduct the Board shall advise him of a time and place at which he may appear before the Board and the registered person may at that time and place appear before the Board and himself (not by any other person) make representations to it concerning the alleged misconduct. (3) In dealing with a registered person pursuant to section 65A (1), the Board shall give due consideration and weight to any representations made by the registered person concerned in relation to the alleged misconduct. (4) Where pursuant to a notice under subsection (1) a registered person requires the Board to charge him with the alleged misconduct, it is not competent to the Board to proceed to deal with him pursuant to section 65A. 65c. Publication by the Board . Where disciplinary action is taken against a registered person pursuant to this Part the Board may publish details thereof in any publication the aim of which is to provide information to surveyors.".

1956 Surveyors Act Amendment Act 1989, No. 115 10. Amendment of s. 77. Regulations . Section 77 of the Principal Act is amended in subsection (1) (d) by inserting after the word "associate" the words "and for the endorsement of the registration of a surveyor as a licensed surveyor or a consulting surveyor".