Valuers Registration Act Amendment Act 1985 (Qld)

980 ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 68 of 1985 An Act to amend the Valuers Registration Act 1965-1984 in certain particulars [ASSENTED TO I 1 TH OCTOBER, 1985]

Valuers Registration Act Amendment Act 1985, No. 68 981 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 Valuers Registration Act Amendment Act 1985. (2) In this Act, the Valuers Registration Act 1965-1984 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Valuers Registration Act 1965-1985. 2. Commencement . (1) This Act, other than sections 3, 4, 6 (b), 7 (c) and 8, shall commence on the day on which it is assented to for and on behalf of Her Majesty. (2) Sections 3, 4, 6 (b), 7 (c) and 8 of this Act shall commence on a day appointed by Proclamation. 3. Amendment of s. 2. Arrangement of Act. The Principal Act is amended by omitting from section 2 the words "PART IIIA-PROVISIONAL LICENSED VALUERS;". 4. Amendment of s. 3. Interpretation . The Principal Act is amended by- (a) omitting the term " "Provisional licensed valuer" " and its meaning; (b) omitting the term " "Provisional licensed valuer's licence" or "Licence" " and its meaning; (c) omitting the term " "Register of provisional licensed valuers" " and its meaning. 5. New sections 14A, 14B and 14c. The Principal Act is amended by inserting after section 14 the following sections:- "14A. Licence not to be granted . (1) On and from the commencement of this provision- (a) a provisional licensed valuer's licence shall not be granted to any person and the Board shall not accept from any person an application for a provisional licensed valuer's licence; (b) an application by a person in the prescribed form for a provisional licensed valuer's licence received by the Board before the commencement of this provision and in respect of which the Board has not made a determination to grant or to refuse it, shall be deemed to be an application in the prescribed form by the person to be registered as a valuer under this Act.

98_' Valuers Registration Act Amendment Act 1985, No. 68 14B. Registration of certain persons . (1) Before the expiration of the prescribed period, the Board, in respect of each person- (a) who, immediately prior to the commencement of this provision, is licensed as a provisional licensed valuer; or (b) whose provisional licensed valuer's licence is restored after the commencement of this provision, following its cancellation or suspension, shall, in accordance with subsection (2) of section 12, (c) pass a resolution that he be registered as a valuer under this Act; and (d) direct the secretary to enter into the register the particulars required by reason of subsection (2) of section 12, unless the provisional licensed valuer's licence of that person is sooner cancelled under this Act and remains cancelled. (2) In respect of the particular defined in paragraph (c) of subsection (2) of section 12, the Board shall direct the secretary to enter in the register that the person was registered by reason of this section. (3) In respect of the particulars defined in paragraph (d) of subsection (2) of section 12, the Board shall consider the practical experience of the person in or in connexion with valuing land on and from the first day of January 1980 as disclosed by applications in the prescribed form made to the Board since that day by the person for the grant of a provisional licensed valuer's licence, or a renewal thereof, that were granted by the Board, and determine his classification as follows- (a) if the Board considers him to be competent to value only rural land, he shall be classified as a rural valuer; (b) if the Board considers him to be competent to value only urban land, he shall be classified as an urban valuer; (c) if the Board considers him to be competent to value both rural and urban land, he shall be classified both as a rural valuer and an urban valuer. Subject to section 14c, no appeal shall lie against the determination of the Board in respect of the classification of the person. (4) As soon as practicable after the secretary has received a direction from the Board pursuant to paragraph (d) of subsection (1), he shall cause written notification of the Board's determination pursuant to subsection (3) to be given to the person concerned.

Valuers Registration Act Amendment Act 1985, No. 68 983 (5) In this section the words "before the expiration of the prescribed period" means before the expiration of one month after- (a) the commencement of this provision; (b) the completion of any disciplinary or appeal proceedings under this Act in respect of the person; or (c) the completion of any period of suspension imposed upon the person under this Act, whichever is the latest to occur. 14c. Review by Minister. (1) A person aggrieved by a determination of the Board pursuant to subsection (3) of section 14B, whereby he was classified as either a rural valuer or an urban valuer and not as both a rural valuer and an urban valuer, may make an application to the Minister for a review thereof by, within 28 days of the determination, causing his application to be given to the Minister and a copy thereof to the secretary. (2) The application shall be in writing and shall state in full the grounds thereof and shall contain all matters that the applicant wishes to be considered. The applicant shall not be limited to the material considered by the Board in making its determination pursuant to subsection (3) of section 14B. (3) The Board, as soon as practicable after the secretary receives a copy of the application, shall provide to the Minister the reasons for its determination pursuant to subsection (3) of section 14B. (4) The Minister shall consider the application and either grant it or refuse it. (5) If the Minister considers that in all the circumstances the applicant is competent to value both rural land and urban land, he shall grant the application and order the Board to give such directions to the secretary as are necessary to give effect to his decision. (6) If the Minister considers that in all the circumstances the applicant is not competent to value both rural land and urban land he shall refuse the application and no appeal shall lie against his decision.". 6. Repeal of Part IIIA. The Principal Act is amended by- (a) repealing section 24.A; (b) repealing sections 24B to 24u, both inclusive and omitting the heading "PART IIIA-PROVISIONAL LICENSED VALUERS" appearing after section 24.

984 Valuers Registration Act Amendment Act 1985, No. 68 7. Amendment of s. 25 . Practice of unregistered valuer prohibited. Section 25 of the Principal Act is amended by- (a) in subsection (I),- (i) omitting the words "On and after a date to be fixed by the Governor in Council by Order in Council a" and substituting the word (ii) omitting the words "unless he is a registered valuer." and substituting the words "unless he is a registered valuer or, in a case where the person is a body corporate, unless at least one director or member of the board of management or servant of the body corporate is a registered valuer."; (b) inserting after subsection (1) the following subsection:- "(1 A) A public valuer that is a body corporate shall not furnish to any person a valuation of land unless the valuation is furnished by means of a document signed by a registered valuer who- (a) ascertained the value of the land on behalf of the body corporate; and (b) is classified- (i) in the case where the land valued is rural land, as a rural valuer; or (ii) in the case where the land valued is urban land, as an urban valuer; and (c) is a director, member of the board of management or servant of the body corporate."; (c) repealing subsections (3) and (4). 8. Amendment of s. 29 . Code of professional conduct of valuers. Section 29 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) In this section the term "valuers" means registered valuers and persons to whom subsection (2) of section 25 of this Act applies.".