Valuers Registration Act of 1965 (Qld)

972 i ucgitsiatt r ANNO QUARTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 70 of 1965 An Act to Afford a measure of protection in the Public Interest of the State of Queensland by providing for a Valuers Registration Board , its powers and functions, the Registration of Valuers of Land, Qualifications necessary for such registration and for other incidental purposes [ASSENTED TO 24TH DECEMBER, 1965] 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:- PART I-PRELIMINARY 1. (1) Short title . This Act ma,, be cited as " The Valuers Registration Act of 1965." (2) Commencement of Act. This Act other than the provisions of Part 11 and of sections twenty-nine and thirty of this Act shall commence on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Valuers Registration A ct of 1965 , No. 70 973 2. Arrangement of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY, PART II-VALUERS REGISTRATION BOARD; PART III-REGISTRATION OF VALUERS: PART IV-MISCELLANEOUS PROVISIONS; SCHEDULE. 3. Interpretation . In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say- " Board "-The Valuers Registration Board of Queensland constituted under this Act : " Chairman "-The chairman of the Board : The term includes a person acting as chairman: "Minister "-The Minister of the Crown for the time being charged with the administration of this Act: The term includes a person temporarily discharging the duties of the Minister ; "Public valuer "-A person who as principal (either alone or with another) or as an employee or agent of another holds himself out as ready to make valuations of land or of any estate or interest in land for or upon the instructions of members of the public: The term includes any person who is called upon (whether as an employee of the Crown or otherwise) to value land or any estate or interest in. land for the purposes of any Act, regulation, ordinance, by-law or other enactment; " Register "-The register established and kept under this Act; " Registered valuer "-A valuer duly registered under this Act; " Rural land "- Land so situated and of such an area that its commercial value consists , solely or principally , in the use or the availability for use of its surface for a purpose of primary production or of mining; " Secretary "-The secretary to the Board : The term includes a person temporarily discharging the duties of the secretary; " Urban land "-Land other than rural land. PART II-VALUERS REGISTR. ^ .TION BOARD 4. (1) Constitution of Board . There shall be constituted a Board to be called " The Valuers Registration Board of Queensland " which shall have and may exercise and discharge the powers, authorities, duties and functions prescribed for it by this Act. (2) Membership of Board . Until the Governor in Council otherwise prescribes by Order in Council and subject to the provisions of subsections (2) and (3) of section five of this Act the Board shall consist of- (a) the Valuer-General appointed pursuant to the provisions of " The Valuation of Land Acts, 1944 to 1959," who shall, ex officio, be a member and chairman thereof;

974 Valuers Registration Act of 1965, No. 70 (b) a person appointed by the Governor in Council upon the recommendation of the Minister from persons nominated by the Commonwealth Institute of Valuers and whose names are included in a panel of names supplied by such institute as prescribed ; (c) a person appointed by the Governor in Council upon the recommendation of the Minister from persons nominated by the Real-Estate Institute of Queensland and whose names are included in a panel of names supplied by such institute as prescribed. (3) Appointment of members . A member of the Board (other than a member thereof ex officio) shall be appointed for a term of three years but upon the expiration of such term shall continue to hold his office as such member until his successor is appointed under this Act and, unless otherwise disqualified, shall be eligible for re-appointment. Every appointment of a member of the Board (other than a member thereof ex officio) and any cancellation of such an appointment shall be made by way of notification published in the Gazette. Upon publication of notification of the first appointment of the members of the Board (other than a member thereof ex officio) the Board shall be duly constituted. 5. (1) Panels of nominees for membership of Board . For the purposes of subsection (2) of section four of this Act.- (a) the governing committee for Queensland of the Commonwealth Institute of Valuers shall furnish to the Minister and maintain with him a panel of names of not less than three of the members of such institute; and (b) the governing committee of the Real Estate Institute of Queensland shall furnish to the Minister and maintain with him a panel of names of not less than three of the members of such institute who are members thereof as valuers. The persons whose names are to be included in such a panel shall be persons usually resident in Queensland and shall be selected from amongst the members of the institute concerned in such manner as may be prescribed or, in so far as not prescribed, as the aforesaid governing committee in question determines. (2) Power of appointment where panels deficient . If at any time when the Governor in Council is required, by this Act, to make #n .appointment to the Board a panel of names is not maintained as prescribed by subsection (I) of this section, the Governor in Council may nevertheless so appoint any person recommended by the Minister whether or not- (a) his name appears on a panel furnished to the Minister as prescribed ; or (b; he is a member of the institute the governing committee of which is required by this Act to maintain such panel, if such appointee is otherwise qualified to be a member of the Board. Appointment upon default of first appointee . When a person appointed as a member of the Board fails to assume his office as such member the Governor in Council ma', upor, the recommendation of the N1inister. cancel such appointment and appoint any person as such

Valuers Registration Act of 1965, No. 70 975 member, if he is otherwise qualified to be a member of the Board , whether or not he is so qualified under paragraph (b) or (c) of subsection (2) of section four of this Act. 6. General disqualification of members of Board . A person shall be disqualified from being a member of the Board if- (a) he is an undischarged bankrupt or has entered into a subsisting arrangement or composition with or for the benefit of his creditors or he or his estate is otherwise subject to the laws in force for the time being relating to bankruptcy; (b) he is a patient within the meaning of " The Mental Health Acts, 1962 to 1964," or is otherwise incapable in law of managing his own affairs; (c) he has been convicted in Queensland of an indictable offence the maximum penalty for which is imprisonment for a period of at least twelve months or he has been convicted elsewhere than in Queensland of an offence which, if committed in Queensland, would constitute such an indictable offence; (d) after the establishment of the register under this Act, he is not a registered valuer. 7. Vacation of office by members of Board . (1) A member of the Board (other than a member thereof ex officio) shall be taken to have vacated his office as such member if- (a) he becomes disqualified from being a member of the Board; (b) he dies; (c) he is absent from three consecutive ordinary meetings of the Board, of which notice has been duly given to him, except upon leave of the Board first had and obtained; (d) he resigns his office by writing under his hand delivered to the secretary or he declines to further act as such member; (e) he is removed from his office by the Governor in Council for misbehaviour or incapacity (the Governor in Council being hereby empowered so to do by notification published in the Gazette). (2) A member of the Board shall be deemed to have attended an ordinary meeting of the Board if- (a) he attends at the time and place appointed for such meeting notwithstanding that, by reason of a quorum not being present, a meeting is not held at such time and place; and (b) the secretary has entered in the minute book the name of such member so attending (the secretary being hereby required so to do). 8. Casual appointment to Board . Upon the occurrence of a casual vacancy in the membership of the Board (other than such a vacancy in the office of a member thereof ex officio) the Governor in Council shall, as prescribed, appoint a person to fill such vacancy. The appointee shall be appointed for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-appointment.

976 Valuers Registration Act of 1965, No. 70 9. Secretary and officers of Board . The Governor in Council may appoint a secretary to the Board and such officers as he considers necessary for the purpose of carrying this Act into effect. The Governor in Council may, with the approval of the Minister, appoint a member of the Public Service of Queensland to be secretary to or an officer of the Board in which event the appointee may hold such appointment in addition to any other position he holds in the Public Service of Queensland. 10. Business of Board . Subject to this Act the business of the Board and the conduct of its meetings shall be conducted as the Board, from time to time, determines. The provisions of the Schedule to this Act shall apply with respect to the matters referred to therein and shall be obeyed by the members of the Board and all other persons concerned. The Governor in Council may, from time to time, by Order in Council, amend the Schedule to this Act (by addition thereto or deletion therefrom or variation of any provision thereof) and the Schedule as so amended shall become and be the Schedule to this Act. 11. Protection to Board members , &c. An act or thing done or suffered by a member of the Board, the secretary to or an officer of the Board, bona fide, in the execution or intended execution of this Act or in the exercise or discharge of any power, authority, duty or function of the Board or, as the case may be, the secretary or such officer shall not subject any member of the Board, the secretary, any officer of the Board, any other person or the Crown to any liability in respect thereof. PART III-REGLSTRATTON OF VALUERS 12. (1) Register . The Board shall establish and keep a register to be called the Register of Valuers of Queensland. The register shall be in the custody of the secretary. Any person may at all reasonable times, upon payment of such fee as may be prescribed, inspect such register at the office where the same is, for the time being, held. (2) Mode of registration . Registration in the register shall be effected upon resolution of the Board and upon entry in the register of the following particulars:- (a) the name of the valuer in question; (b) the address of his place of business : (c) the qualification by reason of which he is registered; (d) the classification of the valuer in question as a rural valuer, urban valuer or, as the case may be. both; and (e) such other particulars as may be prescribed or. in so far as not prescribed, as the Board considers necessary. (3) Annual list of valuers . In the month of January in each year the secretary shall compile from the register a list of valuers registered as at the last day of December last pre.,cedtng and shall furnish such list (certified by the secretary as correct to the Minister.

Valuers Registration Act of 1965, No. 70 977 Such list shall include in respect of each valuer whose name is included therein the classification of such valuer referred to in subsection (2) of this section. The Minister shall cause every such list received by him to be published in the Gazette under the heading " List of Registered Valuers of Queensland as at the ( the date to which such list is compiled).". 13. Persons entitled to be registered valuers . Any of the following persons shall be entitled to be registered as a valuer 1. A person who- (1) is of or above the age of twenty-five years at the date of commencement of this Part; and (2) makes application for registration as prescribed within two years after such date ; (3) satisfies the Board that- (a) he is of good fame and character and is a fit and proper person to be registered as a valuer; and (b) he has had sufficient practical experience in or in connection with valuing land within the ten years last preceding the date of his application for registration, 2. A person who- (1) is of or above the age of twenty-two years ; and (2) satisfies the Board that- (a) he is of good fame and character and is a fit and proper person to be registered as a valuer; and (b) either- (i) he holds a certificate of competence (recognized by the Board) of an approved institute of valuers ; or (ii) he has passed an approved examination; and (c) he has had sufficient practical experience in or in connection with valuing land for at least four years within the ten years last preceding the date of his application for registration. In this section the expression " approved institute of valuers " means an institute, body or association of valuers duly prescribed as approved and the expression " approved examination " means an examination approved by the Board. 14. (1) Application for registration . A person who desires to be registered under this Act or to be so registered as a valuer of a particular classification referred to in subsection (5) of this section shall make application to the Board in or to the effect of the prescribed form and shall lodge such application with the secretary. Upon making such application the applicant shall pay to the Board such fee as may be prescribed. (2) Objection to application . A person who desires to object to any application made under subsection (1) of this section shall lodge his objection in or to the effect of the prescribed form with the secretary.

978 Valuers Registration Act of 1965, No. 70 (3) Disposal of applications and objections . As soon as practicable after receipt of such application by the secretary the Board shall consider each application made as prescribed and each objection thereto received by the secretary before the date of such consideration and, in relation to such an application, may- (a) call upon the applicant or an objector to attend in person before the Board at a place and time specified by the Board ; (b) examine the applicant or an objector upon oath or otherwise; (c) require any person to verify by statutory declaration any statement made by him with respect to the applicant or the application or any objection; (d) adjourn its consideration from time to time. If an applicant or objector called upon to attend in person before the Board fails to so attend at the place and time specified the Board may, without further consideration refuse the application of such applicant failing to attend or, as the case may be, dismiss the objections of such objector failing to attend. (4) Grant and refusal of application . If, upon completion of its consideration of an application, the Board is satisfied that the applicant is entitled to be registered under this Act it shall, by resolution, grant such application, determine the classification (as prescribed in subsection (5) of this section) of the applicant and direct the secretary to enter in the register the particulars authorized by this Act to be so entered but, if not so satisfied, the Board shall, by resolution, refuse such application. (5) Classification of registered valuers . Upon the grant of an application the Board shall determine the classification of the applicant as follows:- (a) If the Board considers the applicant to be competent to value only rural land, he shall be classified as a rural valuer; (b) If the Board considers the applicant to be competent to value only urban land, he shall be classified as an urban valuer; (c) If the Board considers the applicant to be competent to value both rural and urban land, he shall be classified both as a rural valuer and as an urban valuer. (6) Duty of secretary . The secretary- (a) shall notify, in writing, an applicant whose application has been granted or, as the case may be, refused; (b) shall not make or permit to be made any entry in the register except at the direction of the Board save where he is authorized so to do by this Act; (c) shall, upon application made to him by a registered valuer and upon payment of such fee as may be prescribed, issue to such registered valuer a certificate of his registration in the prescribed form which shall include a reference to the classification of such registered valuer. 15. Annual roll fee . (1) Before the first da\ of October in each year (which date is, in this section, called the " prescribed date ") a registered valuer shall pay to the Board a roll fee as may be prescribed

Valuers Registration Act of 1965, No. 70 979 in respect of the next succeeding year and, at the time of payment of such fee, shall furnish to the secretary information in writing as to the address of his place of business : Provided that where a person applies to be registered under this Act (whether for the first time or after a removal of his name from the register) during a year other than the year when this Act commences he shall pay by way of roll fee in respect of that year, at the same time as and in addition to any fee prescribed as a registration fee, an amount which bears to the amount of the prescribed roll fee the proportion which, at the date of such payment, the unexpired portion of that year bears to the whole year unless he has already paid a roll fee in respect of that year and, in that year in relation to such person the prescribed date shall be the thirty-first day of December. (2) If a registered valuer does not pay the roil fee as prescribed by subsection (1) of this section the secretary shall forthwith notify him by registered post that his name and other particulars entered in the register may be removed from the register in accordance with this Act. 16. Correction of register . (1) If the Board is satisfied that- (a) a person is registered under this Act by reason of a false statement made or produced to the Board; (b) a person who is not entitled to be registered under this Act is so registered, the Board shall direct that the name and other particulars of such person be removed from the register. (2) If the Board is satisfied that any particular entered in the register in relation to any registered valuer is false or inaccurate the Board shall direct that such particular be removed from the register or, as the case may require, be corrected. The Board shall perform the duty by this subsection imposed on it notwithstanding that at the time such particular was entered in the register it was not false or inaccurate. (3) The secretary shall cause notification of a removal under this section to be given, in writing, to the registered valuer concerned and, in the case of a removal under subsection (1) of this section, to be published in the Gazette. 17. Voluntary removal from register . Upon the request in writing of a registered valuer, the Board shall direct- (a) that his name and other particulars be removed from the register; or (b) that any one or more of the particulars entered in the register in relation to such registered valuer be removed from the register. 18. Removal of name from register . (1) The secretary may, at any time, and shall, if directed so to do by the Board, send to a registered valuer by registered post an inquiry as to whether or not he desires to have his name retained in the register. If- (a) the registered valuer to whom such inquiry is addressed informs the secretary that he does not desire his name retained in the register; or

980 Valuers Registration Act of 1965, .ho. 70 (b) such inquiry is returned unclaimed to the secretary; or (c) a reply from such registered valuer to such inquiry is not received by the secretary within three months after the date of sending such inquiry, the secretary shall report the matter to the Board which may direct that the name and other particulars of such registered valuer be removed from the register. (2) A person whose name and other particulars have been removed from the register by reason of provision (b) or (c) of subsection (1) of this section may apply in writing to the Board that his name be restored to the register and the Board may, if it is satisfied that he is otherwise entitled to be registered and that it is proper to do so, and upon payment by him of such fee as may be prescribed, direct that his name and such other particulars be restored to the register. 19. Removal of name from register for specific cause . (1) The Board may direct the removal from the register of the name and other particulars entered therein of- (a) a registered valuer who has died ; (b) a registered valuer who, in the opinion of the Board, does not possess the qualifications which would entitle him to be so registered ; (c) a registered valuer who is a patient within the meaning of " The Mental Health Acts, 1962 to 1964," or is otherwise incapable in law of managing his own affairs; (d) a registered valuer who has been convicted in Queensland of an indictable offence the maximum penalty for which is imprisonment for a period of at least twelve months or has been convicted elsewhere than in Queensland of an offence which, if committed in Queensland, would constitute such an indictable offence; (e) a registered valuer who is an undischarged bankrupt by reason of circumstances which, in the opinion of the Board, were not beyond his control ; (_f ) a registered valuer who has not paid the roll fee prescribed by section fifteen of this Act within two months after it has become due and payable. (2) A person whose name and other particulars are removed from the register under paragraph (f) of subsection (1) of this section may apply, in writing, to the secretary that his name and other particulars be restored to the register and the secretary shall, upon payment of the amount of the roll fee in question and of such other fee as may be prescribed, restore such name and other particulars to the register without a direction of the Board in that behalf. 20. Disciplinary action against registered valuer . (1) Any person may prefer to the Board a charge in writing that a registered valuer has been guilty of misconduct or conduct discreditable to him or is incompetent in the performance of his duties as a public valuer. The Board may cause any such charge to be investigated.

Valuers Registration Art of 1965, No. 70 9131 (2) Where the Board considers it desirable so to do it may conduct an inquiry, investigation or hearing touching the matter of the charge and, where practicable, cause to be given to the registered valuer concerned a notice specifying, with sufficient particularity to enable him to answer the charge, the matter of such charge. At such an inquiry, investigation or hearing the registered valuer concerned may appear either personally or by counsel or solicitor and be heard thereon. Where it has proved practicable to give to the registered valuer concerned notice of the matter of charge as prescribed by this subsection the Board shall give to him at least seven days' notice of the time and place at which such an inquiry, investigation or hearing is to be held. (3) If the Board, upon such an inquiry, investigation or hearing, is satisfied that the registered valuer concerned is guilty of the charge against him the Board may, in its discretion, by resolution- (a) reprimand and admonish him; (b) require him to give an undertaking to abstain from conduct specified by the Board; (c) impose on him a penalty not exceeding fifty pounds; (d) suspend his registration under this Act for a period not exceeding twelve months; (e) cancel his registration under this Act and direct the removal from the register of his name and other particulars; (f) require him to pay the amount of costs of and incidental to the inquiry, investigation and hearing assessed by the Board. As soon as practicable after the Board resolves pursuant to this subsection the secretary shall cause written notification of such resolution to be given to the registered valuer concerned and, in the case of such a resolution to cancel or suspend the registration of a registered valuer, shall cause notification of such cancellation or suspension to be published in the Gazette. (4) A person who fails to comply with a requisition of the Board made upon an inquiry, investigation or hearing under this section commits a continuing offence against this Act and is liable to a penalty of five pounds for each day during which his failure to comply continues. 21. Appeal by aggrieved valuer . (1) A person aggrieved by- (a) a refusal by the Board of an application for registration under this Act (whether for the first time or after a removal of his name from the register) or for the restoration of his name and other particulars to the register; or (b) a removal of his name or any particular concerning him from the register otherwise than pursuant to paragraph (f) of subsection (1) of section nineteen of this Act, may appeal against such refusal or, as the case may be, the direction of the Board for such removal to the District Court at Brisbane. (2) Every such appeal shall be by way of rehearing upon the evidence adduced before the Board and the decision of a Judge of the District Court upon such an appeal shall be final and binding on all persons concerned.

992 Valuers Registration Act of 1965, No. 70 (3) A person who desires to appeal against a refusal or direction of the Board shall,- (a) within twenty-eight days after the date of such refusal or, as the case may be, direction, serve on the secretary a notice of appeal in or to the effect of the prescribed form setting out the grounds of appeal ; and (b) within seven days of the service of such notice deposit with the Registrar of the District Court the sum of fifty pounds by way of security for the costs of the appeal. (4) Upon being served with a notice of appeal under subsection (3) of this section the secretary shall forthwith send to the Registrar of the District Court a copy of such notice and of the evidence before the Board, the resolution and direction (if any) of the Board relevant to the matter of appeal. 22. (1) Unauthorised dealing with register prohibited . Save as is by this Act otherwise prescribed, a person shall not- (a) make an entry in the register; (b) remove a name or any other particular from the register; (c) restore a name or any other particular to the register, except upon a lawful direction of the Board or, in the case of an appeal as prescribed, upon an order of a Judge of the District Court. (2) Duty of secretary . The secretary shall comply with every lawful direction of the Board and, in the case of an appeal as prescribed, every order of a Judge of the District Court. (3) Effect of removal from register or suspens ion . A person whose name and other particulars have been duly removed from the register or whose registration under this Act has been duly suspended shall thereupon cease to be registered under this Act and shall continue to be unregistered until his name is duly restored to the register or, as the case may be, the period of such suspension expires. (4) Surrender of certificate . When a person in respect of whom a certificate has been issued under section fourteen of this Act ceases to be registered under this Act the Board may, in writing given to such person and to any other person in whose possession such certificate is, demand the surrender of such certificate. Within fourteen days after the making of such a demand a person upon whom such demand is made shall surrender or cause to be surrendered to the Board such certificate. (5) Waiver of fee. Notwithstanding the provisions of this Act, the Board may waive the payment (in whole or in part) of a fee otherwise payable in respect of registration under this Act, a restoration of a name to the register or the issue of a certificate under this Act whenever it appears to the Board just so to do. (6) Refund of fees . When an application by any person to be registered under this Act or to have his name or any other particular restored to or entered in the register is refused the secretary shall refund to the applicant any fee which he has paid pursuant to this Act in connection with such application.

Valuers Registration Act of 1965, No. 70 983 23. Proof of contents of register . A certificate purporting to be signed by the secretary that- (a) at a time or for a period specified therein a person named therein was or was not a registered valuer; or (b) on a date specified therein the name or other particular of a person named therein was removed from the register ; or (c) on a date specified therein the registration of a person named therein was suspended for a period specified therein, shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary. conclusive evidence of the matters contained therein. 24. Offences with respect to register . A person shall not- (a) make an entry in the register; (b) alter an entry lawfully made in the register; (c) make an entry in the register which, to his knowledge, is false ; (d) make or produce to the Board any statement which, to his knowledge, is false with the intent that he or another person should be registered under this Act, unless, in the case referred to in provision (a) or (b) of this section he is authorized under this Act so to do. PART IV-MISCELLANEOUS PROVISIONS 25. Practice of unregistered valuer prohibited . On and after a date to be fixed by the Governor in Council by Order in Council a person- (a) shall not advertise himself or hold himself out as a public valuer; (b) shall not carry on or attempt to carry on the business of a public valuer; (c) shall not take, use or exhibit any name , letter, word, title, description or symbol which, either alone or in the circumstances in which it is taken, used or exhibited, indicates or is capable of being reasonably understood to indicate or is intended by such person to indicate that he is a public valuer or is entitled to carry on the business of a public valuer; (d) being a public valuer, shall not value land or any estate or interest in land, unless he is a registered valuer. 26. General penalty. A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, if another penalty is not prescribed therefor, is liable to a penalty of fifty pounds. A prosecution for an offence against this Act shall be taken by way of summary proceeding under " The Justices Acts, 1886 to 1965," and may be instituted within the time limited therefor by those Acts or within six months after the commission thereof comes to the knowledge of the complainant. A penalty recovered in respect of such a prosecution shall be paid to the funds of the Board.

984 Valuers Registration Act of 1965, Igo. 70 27. (1) Proceedings on behalf of Board . Proceedings in any court may be taken and prosecuted in the name of the Board through the chairman. secretary or other person appointed in writing for the purpose by the chairman. (2) In any such proceeding it shall not be necessary to prove- (a) the authority of the person by or through whom the same are taken or prosecuted; or (b) the due appointment of any member of the Board. (3) Proceedings against Board . Proceedings in any court may be taken against the Board in its name, " The Valuers Registration Board of Queensland ". 28. Procedural powers of Board . (1) For the purposes of this Act- (a) the chairman may administer an oath to any person appearing before the Board and may take a statutory declaration from any person; (b) the chairman or, by resolution of the Board, any member thereof may, in writing signed by him, summon any person to attend before the Board. (2) A person who is duly summoned to appear before the Board and who has been paid expenses for such appearance on the same scale as expenses payable to him if he were required to attend as a witness before the Supreme Court in its civil jurisdiction shall not- (a) fail to obey such summons; (b) refuse to be sworn or, as required by the Board, make a statutory declaration; (c) fail to answer any question put to him for the purposes of this Act. (3) Any notice , demand , summons or. other writing to be given to or made upon any person by or on behalf of the Board shall be drily given or made if- (a) it is served personally upon the person to whom it is directed; or (b) it is sent to such person by prepaid registered post addressed to him at his place of abode or business last known to the secretary. The provisions of this section shall not be construed to prejudice the provisions of section thirty- nine of " The Acts Interpretation Acts, 1954 to 1962." 29. Regulations . The Governor in Council may make regulations not inconsistent with the Act which he considers necessary or desirable for the administration of this Act or for carrying the provisions of this Act into effect. A regulation prescribing an approved institute of valuers shall be made only upon the recommendation of the board. Regulations may be made at any time after the passing of this Act.

Valuers Registration Act of 1965, No. 70 985 30. Publication of Orders in Council , &c. (I) Every Order in Council and regulation made under this Act shall be- (a) published in the Gazette and upon such publication, shall be judicially noticed and shall take effect on and fiom the date of such publication or such later date as may be specified therein; (b) laid before the Legislative Assembly within fourteen days after the date of such publication, if it is then sitting for the despatch of business or, if it not then so sitting, within fourteen days after the date the Legislative Assembly next sits for the despatch of business. (2) If the Legislative Assembly passes a resolution disallowing any such Order in. Council or regulation of which resolution notice has been given within fourteen sitting days after the Order in Council or regulation has been laid before it such Order in Council or regulation shall thereupon cease to have effect but without prejudice to the validity of anything done thereunder in the meantime or to the making of a further Order in Council or regulation. SCHEDULE (s. i0] Provisions relating to the business of the Board 1. Executive officer . The chairman shall be the executive officer of the Board. 2. Meetings . (1) Notice of the time and place of a meeting of the Board shall be given to all members of the Board at least seven days before the date of such meeting. (2) The chairman shall preside at every meeting of the Board which he attends. The Valuer-General may authorize any officer of his Department to attend meetings of the Board in his stead. Such authorized officer shall have the powers, authorities, duties and functions of chairman. Should neither the Valuer-General nor any officer authorized under this subrule be present at a meeting of the Board the other two members of the Board may select one of themselves to be chairman for the day whereupon the person so selected shall have the powers, authorities, duties and functions of chairman. 3. Vacancy in office of Valuer-General . If at any time there is a vacancy in the office of Valuer-General the Governor in Council may. by notification published in the Gazette, appoint any officer of the Department of the Valuer-General to be a member and chairman of the Board until such vacancy is filled and such appointee shall be such member and chairman accordingly. 4. Voting . (I) A majority of the members of the Board present at a meeting of the Board and competent to vote as prescribed by these rules may, by open voting, exercise the powers of the Board and perform all matters of business before such meeting. If any member (being competent to vote) abstains from voting he shall be taken to have voted for the negative.

986 Valuers Registration Acr of 1965. ko. 70 (2) A member shall not vote or participate in any debate or business with respect to a matter before the Board in which he has, directly or indirectly , a pecuniary interest. (3) Subject to the last preceding subrule , the chairman shall have a deliberative vote and , in the event of an equality of votes , a casting vote. 5. Quorum . Business shall not be transacted at a meeting of the Board unless at least two members of the Board who are eligible to participate in that business are present. 6. Adjournment of meetings . The members present at a meeting of the Board may from time to time adjourn the meeting. If a quorum of members is not present at a meeting of the Board within fifteen minutes after the time appointed for the meeting to commence the member or members present or the secretary, if no member is present or if the members present are equally divided on the issue, may adjourn such meeting to any time not later than seven days from the date of such adjournment : Provided that this rule shall not be construed to prevent the adjournment of a meeting to a later hour of the same day on which such meeting was appointed to be held. 7. Special meetings . (1) The chairman may, of his own motion or upon the request of any other member of the Board, convene a special meeting of the Board. If the chairman fails to comply with such a request within ten days after the date of making such request such member may convene a special meeting of the Board. (2) A notice of the time and place of a special meeting shall include reference to the business to be transacted at such meeting. No business other than that so referred to shall be transacted at such meeting. 8. Authentication of documents . Except where it is by this Act otherwise prescribed, a document made or issued by the Board shall be sufficiently authenticated if it is made or, as the case may be, signed by the chairman or the secretary. 9. Validation of proceedings and acts . A proceeding of the Board or an act of the chairman shall not be invalidated by reason of any defect in the qualification, appointment or membership of any member or by reason of a vacancy in the membership of the Board at the time of such proceeding or act. 10. Remuneration . The members of the Board, the secretary and other officers of the Board may be paid such remuneration whether by way of salary, wages, fees, allowances or otherwise as ma' be prescribed. 11. Funds of Board . The Board shall pay moneys paid to it into such accounts as may be prescribed or. in so far as not prescribed, as the Board determines and may invest funds from time to time held by it in such investments as are prescribed

Valuers Registration Act of 1965, No. 70 98? The remuneration payable to members of the Board , the secretary and other officers of the Board and the expenses of or connected with administering this Act shall be borne by the funds of the Board. 12. Annual report . Once in each year the Board shall furnish to the Minister a report on its work during the year last preceding such report. 13. Audit . At least once in each year the accounts of the Board shall be audited by an officer of the Department of the Auditor-General or by a person appointed by the Auditor-General.