Valuers Registration Act Amendment Act 1979 (Qld)

194 k 1taMTMfbr ANNO VICESIMO OCTAVO ELIZABETHAE SECUNDAE REGINAE No. 20 of 1979 An Act to amend the Valuers Registration Act 1965-1974 in certain particulars and to provide for matters incidental thereto [ASSENTED TO 15TH MAY, 1979] RE 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:- L Short title and citation. (1) This Act may be cited as the Valuers Registration Act Amendment Act 1979. (2) In this Act the Valuers Registration Act 1965-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Valuers Registration Act 1965-1979.

Valuers Registration Act Amendment Act 1979, No. 20 195 2. Amendment of s. 4 . Section 4 of the Principal Act is amended by omitting from subparagraph (b) of subsection (2) the word " Commonwealth " and substituting the word "Australian ". 3. Amendment of s. 5. Section 5 of the Principal Act is amended by omitting from subsection (1) the word " Commonwealth " and substituting the word "Australian ". 4. Amendment of s. 13 . Section 13 of the Principal Act is amended in subparagraph (2) (c) of paragraph 2 by- (a) inserting in provision (i) after the word " registration " the words " to enable him to perform competently valuations of land in Queensland "; (b) inserting in provision (ii) after the word " registration " the words- to enable him to perform competently valuations of land in Queensland; and (d) he is or intends to be engaged in performing valuations of land in Queensland ". 5. Amendment of s. 14. (1) Section 14 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- " (IA) A person who makes application pursuant to subsection (1) shall advertise in such form as the Board shall approve that he has applied to be registered as a valuer. The advertisement shall appear once in such newspaper or newspapers circulating within the State as the Board directs. If the Board, in the particular case, so directs the applicant shall cause such advertisement to be published in a newspaper or, as the case may be, newspapers more than once. The advertisement shall also state- (a) that objections may be lodged with the secretary on or before a date specified therein and determined for that purpose by the Board (in this Part referred to as " the last day for the receipt of objections,"); and (b) the address of the applicant for service of any notices."; (b) inserting in subsection (2) after the word " lodge " the words " on or before the last day for the receipt of objections "; (c) omitting from subsection (3) the words " receipt of such application by the secretary " and the words " the date of such consideration " and substituting the words " the last day for the receipt of objections " and the words " that day " respectively. (d) inserting after the first paragraph of subsection (4) the following paragraph:- " When, pursuant to this subsection, the Board by resolution refuses in whole or in part an application for registration the Board shall by the same or another resolution specify its grounds for such refusal."; (e) inserting in subparagraph (a) of subsection (6) after the word " refused " the words " and, where the application has been refused, shall state the grounds therefor ".

196 Valuers Registration Act Amendment Act 1979, No. 20 . (2) Any application to be registered as a valuer received but not determined by the Board before the passing of this Act shall be dealt with and determined by the Board as if this Act had not been passed and the provisions of the Principal Act shall for that purpose continue to apply. 6. Amendment of s. 15. Section 15 of the Principal Act is amended by omitting from subsection (2) the word " registered " appearing before the word " post ". 7. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) omitting from subsection (1),the words " the District Court at Brisbane " and substituting the words " a Judge of the District Court at Brisbane who shall have jurisdiction to hear and determine the same "; (b) inserting after subsection (4) the following subsections:- " (5) Rules of court may be made under the District Courts Act1967-1976 with respect to the institution, conduct and disposal of an appeal. Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he may think fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof. (6) The proceeding on appeal under this section shall be deemed to be a proceeding before a District Court.". 8. Amendment of s. 22. Section 22 of the Principal Act is amended in subsection (6) by- (a) omitting from the words " Refund of fees " appearing at the beginning thereof the word " Refund " and substituting the word " Retention "; (b) omitting the words " secretary shall refund to the applicant " and substituting the words " Board shall retain ". 9. Amendment of s. 24A. (1) Section 24A of the Principal Act is amended by- (a) in subsection (1)- (i) omitting from subparagraph (a) the word " twenty-two '' and substituting the expression " 30 "; (ii) inserting in provision (ii) of subparagraph (b) after the word " licence " the words " to enable him to perform competently valuations of land in Queensland "; (b) inserting after subsection (2) the following subsection:- " (3) A person who makes application pursuant to subsection (2) shall advertise in such form as the Board shall approve that he has applied to be licensed as a provisional licensed valuer.

Valuers Registration Act Amendment Act 1979, No. 20 197 The advertisement shall appear once in a newspaper circulating in the geographical limits to which the application refers and in such other newspaper (if any) within the State as the Board directs. If the Board, in the particular case, so directs the applicant shall cause such advertisement to be published in a newspaper or, as the case may be, newspapers more than once. The advertisement shall also state- (a) that objections may be lodged with the secretary on or before a date specified therein and determined for that purpose by the Board (in this Part referred to as " the last day for the receipt of objections "); and (b) the address of the applicant for service of any notices.". (2) (a) Any application to be licensed as a provisional licensed valuer received but not determined by the Board before the passing of this Act shall be dealt with and determined by the Board as if this Act had not been passed and the provisions of the Principal Act shall for that purpose continue to apply. (b) The provisions of Part IIIA of the Principal Act shall continue to apply as if this Act had not been passed with respect to each person- (i) who immediately prior to the passing of this Act is licensed as a provisional licensed valuer under that Part; or (ii) whose application to be licensed as a provisional licensed valuer is granted pursuant to paragraph (a) of this subsection after the passing of. this Act, for so long as his provisional licensed valuer's licence remains in force. 10. Amendment of s. 24C. Section 24c of the Principal Act is amended by- (a) inserting after the word " lodge " the words " on or before the last day for the receipt of objections "; (b) adding at the end thereof the following paragraphs':- " Every objection shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds and a copy thereof shall be given by the objector to the applicant on or before the last day for the receipt of objections. The applicant by writing lodged with the secretary at any time before the Board determines his application may answer objections lodged against his application.". 11. Amendment of s. 24D. Section 24D of the Principal Act is amended by inserting after subsection (1) the following subsection:- " (IA) The Board shall grant a provisional licensed valuer's licence to a person only if it is satisfied that a registered valuer is not readily available to make valuations of land within the geographical limits specified in the licence.". 12. Amendment of s. 24J. Section 24r of the Principal Act is amended by omitting the word " registered ".

198 Valuers Registration Act Amendment Act 1979, No. 20 13. Amendment of s. 24P. Section 24P of the Principal Act is amended by inserting at the end thereof the following subsection:- " (6) The proceeding on appeal under this section shall be deemed to be a proceeding before a District Court.". 14. Amendment of s. 245. Section 24s of the Principal Act is amended by- (a) omitting from the note appearing at the beginning thereof the word " refund " and substituting the word " retention "; (b) omitting from subsection (2) the words " secretary shall refund to the applicant " and substituting the words " Board shall retain ".