Architects Regulation 2003

\Queensland Architects Act 2002 Architects Regulation 2003 Current as at 1 July 2013

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Architects Regulation 2003 Contents Part 1 1 2 Part 2 Division 1 3 Division 2 4 5 6 Division 3 7 8 Division 4 9 10 11 12 13 14 15 16 17 Part 3 18 18A 19 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Election of an architect to the board Preliminary Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Notice of election and nomination procedure Notice of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Notice calling for nominations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Requirements for nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Procedure if only 1 candidate nominated Candidate taken to be elected unopposed . . . . . . . . . . . . . . . . . . 5 Registrar to give notice of elected candidate . . . . . . . . . . . . . . . . 5 Procedure if more than 1 candidate nominated Registrar to conduct ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Voting material . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 How votes are cast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Registrar must keep ballot box . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Candidate may appoint scrutineer . . . . . . . . . . . . . . . . . . . . . . . . 7 Registrar must count votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Candidate with the highest number of votes is elected . . . . . . . . 8 Registrar to give notice to candidates . . . . . . . . . . . . . . . . . . . . . 8 Ballot papers to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Miscellaneous Prescribed school of architecture—Act, s 82 . . . . . . . . . . . . . . . . 9 Code of practice approved—Act, s 108 . . . . . . . . . . . . . . . . . . . . 9 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Architects Regulation 2003 Contents 20 Schedule 1 Schedule 2 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 11 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 12 13 13 15 Page 2

Architects Regulation 2003 Architects Regulation 2003 Part 1 Preliminary [s 1] [as amended by all amendments that commenced on or before 1 July 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Architects Regulation 2003 . 2 Dictionary The dictionary in schedule 2 defines words used in this regulation. Part 2 Election of an architect to the board Division 1 Preliminary 3 Purpose of pt 2 This part states the procedures for electing, for section 82(2)(c) of the Act, an architect for appointment as a member of the board. Editor’s note — Section 82 (Membership of board) of the Act— (1) The board consists of 7 members appointed by the Governor in Council. Current as at 1 July 2013 Page 3

Architects Regulation 2003 Part 2 Election of an architect to the board [s 4] (2) The members must include— … (c) 1 architect elected under this Act. Division 2 Notice of election and nomination procedure 4 Notice of election (1) The registrar must publish a notice of the election day for the election of an architect for appointment as a member of the board. (2) The notice must be published at least 2 months before the election day. 5 Notice calling for nominations (1) The registrar must publish a notice inviting nomination of a candidate for election. (2) The notice must— (a) state the day and time by which a nomination of a candidate must be received by the registrar; and (b) be published at least 28 days before the day by which nominations must be received. 6 Requirements for nominations (1) A nomination of a candidate for election must— (a) be in the approved form; and (b) be received by the registrar before the nomination day and time. (2) A nomination may be accompanied by the candidate’s written statement. Page 4 Current as at 1 July 2013

Architects Regulation 2003 Part 2 Election of an architect to the board [s 7] (3) A statement mentioned in subsection (2) must not be more than 200 words. Division 3 Procedure if only 1 candidate nominated 7 Candidate taken to be elected unopposed If only 1 candidate is nominated by the nomination day and time— (a) the registrar is not required to conduct a ballot for the election; and (b) the candidate is taken to be elected unopposed. 8 Registrar to give notice of elected candidate (1) The registrar must give the candidate written notice of the candidate’s election. (2) Also, the registrar must publish a notice of the candidate’s election as soon as practicable after the candidate’s appointment to the board. Division 4 Procedure if more than 1 candidate nominated 9 Registrar to conduct ballot If more than 1 candidate is nominated by the nomination day and time, the registrar must conduct a ballot for the election under this division. 10 Voting material (1) The registrar must send the following things to each eligible architect at least 28 days before the election day— Current as at 1 July 2013 Page 5

Architects Regulation 2003 Part 2 Election of an architect to the board [s 11] (a) a ballot paper; (b) an unsealed envelope for the ballot paper (the ballot envelope ); (c) an unsealed envelope addressed to the registrar (the return envelope ). (2) The ballot paper must— (a) state the election day and election time; and (b) list, in alphabetical order, the name of each candidate; and (c) provide instructions on how an architect may cast a vote; and (d) be accompanied by any statements submitted by the candidates. (3) In this section— eligible architect means a person who was an architect on the day the notice of the election was published under section 4(1). 11 How votes are cast An architect may vote only by— (a) marking a ballot paper with a cross opposite the name of 1 candidate; and (b) putting the ballot paper in the ballot envelope and sealing the ballot envelope; and (c) putting the ballot envelope in the return envelope and sealing the return envelope; and (d) returning the return envelope to the registrar by the election time. 12 Registrar must keep ballot box (1) The registrar must keep a ballot box for the election. Page 6 Current as at 1 July 2013

Architects Regulation 2003 Part 2 Election of an architect to the board [s 13] (2) The registrar must place each sealed ballot envelope received by the registrar in the ballot box. (3) The ballot box must be sealed in a way preventing ballot envelopes from being taken from it until the election time. 13 Candidate may appoint scrutineer (1) A candidate may appoint 1 person as a scrutineer for the election. (2) The candidate must give written notice of the appointment to the registrar at least 5 days before the election day. 14 Registrar must count votes (1) At, or as soon as practicable after, the election time, the registrar must, in the presence of any scrutineer who wishes to attend and at least 2 other witnesses— (a) open each ballot envelope in the ballot box kept for the election; and (b) accept each formal ballot paper and reject each informal ballot paper; and (c) count and record the number of votes for each candidate on the accepted ballot papers. (2) Despite subsection (1)(b), the registrar may accept an informal ballot paper if, in the opinion of the registrar, the intention of the voter is clear. (3) In this section— formal ballot paper means a ballot paper marked as required under section 11(a). informal ballot paper means a ballot paper not marked as required under section 11(a). Current as at 1 July 2013 Page 7

Architects Regulation 2003 Part 2 Election of an architect to the board [s 15] 15 Candidate with the highest number of votes is elected (1) Subject to subsections (2) to (4), the candidate with the highest number of votes is elected. (2) Subsections (3) and (4) apply if 2 or more candidates receive the same number of votes so that the candidate entitled to be elected under subsection (1) can not be decided. (3) The registrar must conduct a draw by completing the following steps in the presence of any scrutineer who wishes to attend and at least 2 other witnesses— (a) writing the names of the candidates with the same number of votes on separate pieces of paper that are the same kind, shape, size and colour; (b) folding the pieces of paper in the same way to be the same size and thickness; (c) putting the pieces of paper in a container and shuffling them; (d) drawing out 1 of the pieces of paper. (4) The candidate whose name is drawn out under subsection (3)(d) is elected. 16 Registrar to give notice to candidates (1) The registrar must give each candidate written notice of the candidate elected. (2) Also, the registrar must publish a notice of the candidate elected as soon as practicable after the candidate’s appointment to the board. 17 Ballot papers to be kept (1) The registrar must keep the ballot papers placed in the ballot box under section 12(2) for 3 months from the election day. Page 8 Current as at 1 July 2013

Architects Regulation 2003 Part 3 Miscellaneous [s 18] (2) At the end of the 3 month period the registrar must destroy the ballot papers in the presence of a member of the board. Part 3 Miscellaneous 18 Prescribed school of architecture—Act, s 82 For section 82(2)(a)(i) of the Act, each of the following is a prescribed school of architecture— • School of Design and Built Environment, Queensland University of Technology • School of Geography, Planning & Architecture, The University of Queensland. 18A Code of practice approved—Act, s 108 For section 108(3) of the Act, the code of practice called ‘Board of Architects of Queensland Code of Practice’ made by the board on 23 November 2004 is approved. Editor’s note — Copies of the code of practice are available for inspection at the board’s office at 40 George Street, Brisbane. The code of practice is also available for inspection on the board’s website at <www.boaq.qld.gov.au>. 19 Fees The fees payable under the Act are stated in schedule 1. 20 Repeal The Architects Regulation 2002 SL No. 348 is repealed. Current as at 1 July 2013 Page 9

Architects Regulation 2003 Schedule 1 Schedule 1 Fees section 19 $ 1 Application fee—Act, ss 8(2)(b)(iii) and 23(2)(b)(ii) . . . . . 216.10 2 Registration fee (practising architect)—Act, s 8(2)(b)(iii)— (a) for a period of registration of more than 1 month but not more than 6 months . . . . . . . . . . . . . . . . . . . . . . . . 83.40 (b) for a period of registration of more than 6 months . . . 166.80 3 Registration fee (non-practising architect)—Act, s 8(2)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83.20 4 Annual registration fee (practising architect)—Act, ss 18(3)(b)(ii) and 23(2)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . 166.80 5 Annual registration fee (non-practising architect)—Act, ss 18(3)(b)(ii) and 23(2)(b)(iii) . . . . . . . . . . . . . . . . . . . . . . . . 83.20 6 Processing refused application—Act, s 14(b) . . . . . . . . . . . 146.40 7 Processing lapsed application—Act, s 27(7) . . . . . . . . . . . . 146.40 8 Processing withdrawn application—Act, s 35(2)(a) . . . . . . 74.10 9 Copy of the register or part of it—Act, s 103(1)(b). . . . . . . 35.80 plus $2.15 for each page 10 Copy of approved code of practice or part of it—Act, s 110(1)(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14.15 plus $2.15 for each page Page 10 Current as at 1 July 2013

Schedule 2 Dictionary Architects Regulation 2003 Schedule 2 section 2 ballot envelope see section 10(1)(b). election day , for an election of an architect to the board, means the day of the election, decided by the board. election time , for an election of an architect to the board, means the time on the election day, decided by the board, and stated on the ballot papers for the election. nomination day and time means the day and time stated in a notice given under section 5(1). publish , in relation to a notice, means publishing the notice— (a) in a publication that is likely to be read by architects, including for example, a journal or newsletter given to architects; or (b) in an electronic form, including for example, on the board’s web site on the internet. return envelope see section 10(1)(c). scrutineer means a scrutineer appointed by a candidate under section 13(1). Current as at 1 July 2013 Page 11

Architects Regulation 2003 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2013. Future amendments of the Architects Regulation 2003 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 12 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Current as at 1 July 2013

Architects Regulation 2003 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 1D 1E 2 2A 2B 2C 2D 2E 2F 2G 2H Amendments included none 2003 SL No. 246 2004 SL No. 90 2004 SL No. 90 2005 SL No. 109 2005 SL No. 109 2006 SL No. 175 2007 SL No. 140 2008 SL No. 173 2009 SL No. 82 2010 Act No. 18 2010 SL No. 136 2011 SL No. 27 2011 SL No. 120 2012 SL No. 97 Effective 7 February 2003 10 October 2003 25 June 2004 1 July 2004 10 June 2005 1 July 2005 7 July 2006 1 July 2007 1 July 2008 1 July 2009 21 April 2010 1 July 2010 25 March 2011 1 July 2011 6 July 2012 Notes Current as at 1 July 2013 Amendments included 2013 SL No. 128 Notes Current as at 1 July 2013 Page 13

Architects Regulation 2003 Endnotes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Architects Regulation 2003 SL No. 11 made by the Governor in Council on 6 February 2003 notfd gaz 7 February 2003 pp 385–6 commenced on date of notification exp 1 September 2013 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) An explanatory note was prepared. amending legislation— Architects Amendment Regulation (No. 1) 2003 SL No. 246 notfd gaz 10 October 2003 pp 455–6 commenced on date of notification Public Works Legislation Amendment Regulation (No. 1) 2004 SL No. 90 pts 1–2 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification s 5 commenced 1 July 2004 (see s 2) remaining provisions commenced on date of notification Public Works Legislation Amendment Regulation (No. 1) 2005 SL No. 109 pts 1–2 notfd gaz 10 June 2005 pp 502–3 s 5 commenced 1 July 2005 (see s 2) remaining provisions commenced on date of notification Public Works Legislation Amendment Regulation (No. 1) 2006 SL No. 175 pts 1–2 notfd gaz 7 July 2006 pp 1167–9 commenced on date of notification Architects Amendment Regulation (No. 1) 2007 SL No. 140 notfd gaz 29 June 2007 pp 1157–65 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2007 (see s 2) Public Works Legislation Amendment Regulation (No. 1) 2008 SL No. 173 pts 1–2 notfd gaz 27 June 2008 pp 1268–78 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2008 (see s 2) Page 14 Current as at 1 July 2013

Architects Regulation 2003 Endnotes Public Works Legislation Amendment Regulation (No. 1) 2009 SL No. 82 pts 1–2 notfd gaz 12 June 2009 pp 619–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2) Architects Amendment Act 2010 No. 18 ss 1, 45 sch date of assent 21 April 2010 commenced on date of assent Public Works Legislation Amendment Regulation (No. 1) 2010 SL No. 136 pts 1–2 notfd gaz 25 June 2010 pp 823–30 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Architects Amendment Regulation (No. 1) 2011 SL No. 27 notfd gaz 25 March 2011 pp 483–4 commenced on date of notification Public Works Legislation Amendment Regulation (No. 1) 2011 SL No. 120 pts 1–2 notfd gaz 24 June 2011 pp 534–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Housing and Public Works Legislation Amendment Regulation (No. 1) 2012 SL No. 97 pts 1–2 notfd gaz 6 July 2012 pp 759–60 commenced on date of notification Housing and Public Works Legislation (Fees) Amendment Regulation (No. 1) 2013 SL No. 128 pts 1–2 notfd gaz 28 June 2013 pp 739–47 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 (see s 2) 6 List of annotations PART 1—PRELIMINARY pt hdg ins 2003 SL No. 246 s 3 Dictionary s 2 ins 2003 SL No. 246 s 7 PART 2—ELECTION OF AN ARCHITECT TO THE BOARD pt 2 (ss 3–17) ins 2003 SL No. 246 s 7 PART 3—MISCELLANEOUS pt hdg ins 2003 SL No. 246 s 7 Prescribed school of architecture—Act, s 82 s 18 (prev s 2) renum and reloc 2003 SL No. 246 s 4 Current as at 1 July 2013 Page 15

Architects Regulation 2003 Endnotes Code of practice approved—Act, s 108 s 18A ins 2005 SL No. 109 s 4 Fees s 19 (prev s 3) amd 2003 SL No. 246 s 5(1) renum and reloc 2003 SL No. 246 s 5(2) amd 2004 SL No. 90 s 4 Repeal s 20 (prev s 4) renum and reloc 2003 SL No. 246 s 6 SCHEDULE 1—FEES sch hdg sub 2003 SL No. 246 s 8(1) sch 1 amd 2003 SL No. 246 s 8(2) sub 2004 SL No. 90 s 5; 2005 SL No. 109 s 5; 2006 SL No. 175 s 3; 2007 SL No. 140 s 4; 2008 SL No. 173 s 4; 2009 SL No. 82 s 4 amd 2010 Act No. 18 s 45 sch sub 2010 SL No. 136 s 4; 2011 SL No. 27 s 3; 2011 SL No. 120 s 4; 2012 SL No. 97 s 3; 2013 SL No. 128 s 4 SCHEDULE 2—DICTIONARY ins 2003 SL No. 246 s 9 © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 16 Current as at 1 July 2013