2000ABILLFORAn Act to amend theValuers Registration Act 1992
s14Valuers
Registration AmendmentThe Parliament of Queensland
enacts—s51Clause˙Short title1.ThisActmaybecitedastheValuersRegistrationAmendmentAct
2000.Clause˙Commencement2.(1)Section 14 and section 19, to the extent it
inserts sections 42FA(b),42FCand42FD(b),commence1yearafterthecommencementofthissection.(2)The remaining provisions of this Act
commence on a day to be fixedby
proclamation.˙Act amendedClause3.This Act amends theValuers Registration Act 1992.Clause˙Amendment of s 3 (Definitions)4.(1)Section 3,
definition“appointed member”, ‘section
6(1)(b)’—omit, insert—‘section 6(1)(b)
or (c)’.(2)Section 3—insert—‘“annual renewal day”means 1 May.“CPD”,foraregisteredvaluer,meanscontinuingprofessionaldevelopment.’.˙Amendment of s 6 (Membership)Clause5.(1)Section 6(1)(b)—234567891011121314151617181920212223
s65s8Valuers Registration Amendmentomit, insert—‘(b)2
registered valuers, 1 of whom is to be appointed from namessubmitted by the Australian Property
Institute under section 8;(c)2personsappointedfromnamessubmittedbybusiness,community or
professional organisations.’.(2)Section 6(2), ‘subsection (1)(b)’—omit, insert—‘subsection
(1)(b) and (c)’.Clause˙Amendment of s 7 (Assistant members)6.Section 7(a), ‘Australian Institute of
Valuers and Land Economists’—omit,
insert—‘Australian Property Institute’.Clause˙Amendment of s 12 (Removal from
office)7.Section 12(1)(d), after ‘assistant
member’—insert—‘, other than a
member appointed under section 6(1)(c),’.Clause˙Amendment of s 21 (Quorum)8.(1)Section 21(1),
‘2 members’—omit, insert—‘3
members’.(2)Section 21(3), from ‘the name’—omit, insert—‘in the minute
book the names of the members present.’.1234567891011121314151617181920212223
s
96s 12Valuers
Registration AmendmentClause˙Amendment of s 28 (Publication of names of
registered valuers)9.Section 28, ‘1 January’—omit, insert—‘1 July’.Clause˙Amendment of s 30 (Qualifications for
registration)10.(1)Section
30(b)(i), ‘of valuers’—omit.(2)Section 30(c), ‘5 years’—omit, insert—‘3
years’.Clause˙Amendment of s 34 (Certificate to be issued
on registration)11.Section 34(2), ‘the year’—omit, insert—‘the financial
year’.Clause˙Amendment of s 36 (Annual roll fee)12.(1)Section 36,
heading—omit, insert—‘Roll
fee, late fee and restoration fee’.(2)Section 36(1), ‘1 November’—omit, insert—‘1 May’.(3)Section 36(1), ‘following
year’—omit, insert—‘following
financial year’.(4)Section 36(2), ‘31 October’—12345678910111213141516171819202122232425
s
137s 14Valuers
Registration Amendmentomit, insert—‘30
April’.(5)Section 36(3), ‘31 December’—omit, insert—‘30
June’.(6)Section 36(4), ‘the year’—omit, insert—‘the financial
year’.Clause˙Insertion of new s 36A13.After section 36—insert—˙‘Payment of roll
fee for up to 5 years‘36A.(1)Despite section 36(1), a registered valuer
may pay the roll feefor up to 5 years in advance.‘(2)Ifparticularsofavaluerareremovedfromtheregisterundersection 37(2), the board may refund any roll
fee paid for a period after thenext annual
renewal day after the removal.‘(3)If a roll fee has been paid for a
period after the next annual renewalday and the
prescribed roll fee for the period is a different amount to
theamount paid, the board may—(a)iftheprescribedrollfeeislessthantheamountalreadypaid—refund the difference between the roll
fee already paid andthe prescribed roll fee; or(b)iftheprescribedrollfeeismorethantheamountalreadypaid—requirepaymentofthedifferencebetweentherollfeealready paid and the prescribed roll
fee.’.˙Insertion of new ss 36B–36DClause14.After section 36A, as inserted by this
Act—12345678910111213141516171819202122232425262728
s
148s 14Valuers
Registration Amendmentinsert—˙‘Renewal of registration—statement or
certificate about CPD‘36B.(1)In
addition to the prescribed roll fee, a registered valuer
must,before 1 May in each year, give the
board—(a)a statement that the valuer has
undertaken the CPD prescribedunder a
regulation during the previous 18 months; or(b)a
CPD compliance certificate from a prescribed institute; or(c)a statement about the activities the
valuer has undertaken that meetaprescribedinstitute’srequirementsforaCPDcompliancecertificate.‘(2)A registered valuer who gives the
board a statement or certificatementioned in
subsection (1) after 30 April must pay the late fee
prescribedunder a regulation.‘(3)If the valuer does not give the board
the statement or certificate andpaythelatefeebefore30June,theboardmustcancelthevaluer’sregistration and
remove the valuer’s name and other particulars from theregister.‘(4)However, if the valuer gives the board
the statement or certificate andpays the late fee
before the end of the financial year to which the renewal ofregistration relates, the board must restore
the valuer’s registration.˙‘Exemption from providing statement or
certificate about CPD‘36C.(1)The
board may exempt a registered valuer from the requirementunder
section 36B(1) to give the board a statement or certificate about
thevaluer’s CPD—(a)in
special circumstances; and(b)for no longer
than 2 years; and(c)if the valuer gives the board an
undertaking not to practise as avaluer during
the time to which the exemption relates.Examples for
paragraph (a)—•the valuer’s family
responsibilities•the valuer’s absence interstate or
overseas.12345678910111213141516171819202122232425262728293031
s
159s 16Valuers
Registration Amendment‘(2)The
valuer must give the board the statement or certificate before
thevaluer recommences practice as a
valuer.˙‘Entries in
register about renewal of registration‘36D.On payment by a
registered valuer of the prescribed roll fee for thenext
financial year, the board must enter in the register—(a)renewal of the valuer’s registration;
and(b)inrelationtothestatementorcertificaterequiredundersection 36B(1)
that—(i)the valuer has given the statement or
certificate; or(ii)thevaluerhasbeenexemptedundersection36C(1)fromgivingthestatementorcertificateandtheperiodoftheexemption.’.Clause˙Amendment of s 40 (Restoration of
registration)15.(1)Section 40,
heading—omit, insert—‘Restoration of registration after removal
under s 37’.(2)Section 40(2),
‘the prescribed fee’—omit, insert—‘thefeeprescribedunderaregulationandthestatementorcertificatementioned in
section 36B(1)’.(3)Section 40(4), ‘the year’—omit, insert—‘the financial
year’.Clause˙Amendment of s 42C (Grant of
application)16.Section 42C(2) and (3)—omit.1234567891011121314151617181920212223242526
s
1710s 19Valuers
Registration AmendmentClause˙Amendment of s 42D (Refusal of
application)17.Section 42D—insert—‘(2)Thenoticemusttelltheapplicantthattheapplicantmayappealagainst the
decision under section 61.’.Clause˙Omission of s 42E (Failure to decide
application)18.Section 42E—omit.Clause˙Insertion of new ss 42FA–42FD19.After section 42F—insert—˙‘Renewal of
recording of registered valuer on list of specialist retailvaluers‘42FA.A registered
valuer who is recorded as a specialist retail valuer onthe
list kept by the board must, to remain on the list, before 1 May in
eachyear—(a)pay
the board the fee prescribed under a regulation; and(b)give the board a statement that the
valuer has, during the previous18 months,
undertaken the prescribed amount of CPD relating toretail rental valuation.˙‘Payment of fee for recording on list
for up to 5 years‘42FB.(1)Despite section
42FA, a specialist retail valuer may pay the feementioned in section 42FA(a) for up to 5
years in advance.‘(2)If particulars
of a specialist retail valuer are removed from the list ofspecialist retail valuers under section
42G(1), the board may refund any feepaid for a period
after the next annual renewal day after the removal.‘(3)If a fee has
been paid for a period after the next annual renewal dayand
the prescribed fee for the period is a different amount to the
amount12345678910111213141516171819202122232425262728
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1911s 19Valuers
Registration Amendmentpaid, the board may—(a)if the prescribed fee is less than the
amount already paid—refundthe difference between the fee already
paid and the prescribed fee;or(b)iftheprescribedfeeismorethantheamountalreadypaid—require payment of the difference
between the fee alreadypaid and the prescribed fee.˙‘Exemption from
providing statement about CPD relating to retailrental
valuation‘42FC.(1)Theboardmayexemptaspecialistretailvaluerfromtherequirement under section 42FA(b) to
give the board a statement about thespecialist retail
valuer’s CPD relating to retail rental valuation—(a)in special circumstances; and(b)for no longer than 2 years; and(c)if the specialist retail valuer gives
the board an undertaking not topractise as a
specialist retail valuer during the time to which theexemption relates.Examples for
paragraph (a)—•the specialist retail valuer’s family
responsibilities•the specialist retail valuer’s absence
interstate or overseas.‘(2)The
specialist retail valuer must give the board the statement
beforethe valuer recommences practice as a
specialist retail valuer.˙‘Entries on list of specialist retail valuers
about renewal‘42FD. On payment by
a specialist retail valuer of the fee mentioned insection 42FA(a), the board must record on the
list—(a)renewal of the recording of the valuer
as a specialist retail valuer;and(b)in relation to the statement required
under section 42FA(b) that—(i)the
valuer has given the statement; or1234567891011121314151617181920212223242526272829
s
2012s 21Valuers
Registration Amendment(ii)the valuer has
been exempted under section 42FC(1) fromgiving the
statement and the period of the exemption.’.Clause˙Amendment of s 42G (Removal of name
from list)20.Section 42G, heading—omit, insert—‘Effect
of loss of registration’.Clause˙Insertion of new ss 42GA–42GD21.After section 42G—insert—˙‘Removal from list
of specialist retail valuers‘42GA.(1)The board may
remove a valuer’s particulars from the list ofspecialist retail
valuers kept by the board if the board considers the valuerdoes
not have the qualifications to remain on the list.‘(2)The board must
not remove the particulars unless the board gives thevaluer written notice—(a)stating the reasons for the proposed
removal; and(b)giving the valuer 30 days to make oral
or written submissions tothe board about the reasons.‘(3)If the board
removes a valuer’s particulars under subsection (1)—(a)the board must give the valuer written
notice of the removal; and(b)the notice must
tell the valuer that the valuer may appeal againstthe
removal under section 61.˙‘Restoration of name on list‘42GB.(1)Avaluerwhoseparticularsareremovedfromthelistofspecialist retail valuers under section
42GA(1) may apply to the board forrestoration of
the valuer’s particulars on the list.‘(2)The application must be—123456789101112131415161718192021222324252627
s
2213s 22Valuers
Registration Amendment(a)in writing;
and(b)accompaniedbythefeeprescribedunderaregulationandthestatement mentioned in section
42FA(b).‘(3)Iftheboardissatisfiedthevaluerhasthequalificationstoberecorded on the list, the board must
grant the application.‘(4)Iftheboardrestoresavaluer’sparticularstothelistandthefeementioned in
section 42FA has not been paid, the fee payable is
calculatedby reducing the prescribed fee by one twelfth
for each whole month of thefinancial year
that has passed at the time the particulars are restored.‘(5)For subsection
(4), a whole month is taken to have passed if theparticulars are restored after the 15th day
of the month.˙‘Unauthorised
dealing with list of specialist retail valuers‘42GC.A person must
not, other than under this Act—(a)record particulars on the list of specialist
retail valuers; or(b)alter particulars on the list;
or(c)remove particulars from the list;
or(d)restore particulars to the
list.Maximum penalty—50 penalty units.˙‘Waiver of
fee‘42GD.Theboardmaywaivepaymentofthewholeorpartofafeepayable under
section 42B(2), 42FA(a) or 42GB(4) if the board considers itreasonable in the circumstances to do
so.1’.˙Amendment of s 50 (Disciplinary charge may be
laid)Clause22.Section 50(4), ‘the members and the
assistant members’—1234567891011121314151617181920212223241Sections42B(Valuersmayapplytoberecordedasspecialistretailvaluers),42FA(Renewalofrecordingofregisteredvalueronlistofspecialistretailvaluers) and 42GB (Restoration of name on
list)
s
2314s 24Valuers
Registration Amendmentomit, insert—‘at least 3
members or assistant members’.Clause˙Insertion of new s 50A23.After section 50—insert—˙‘Conflict of
interest‘50A.(1)The board must
not appoint a member or assistant member to acommittee if the
member or assistant member has an interest in the mattersin
the investigator’s report to be considered by the committee.‘(2)If, during a
proceeding of a committee, the chairperson or a memberofthecommitteebecomesawarethatthememberhasaninterestinthematter being considered—(a)the member must resign from the
committee; and(b)if, because of the member’s
resignation, the committee has fewerthan3members—theboardmustappointthenumberofmembersorassistantmembersnecessaryforthecommitteetohave
at least 3 members.‘(3)For subsections
(1) and (2), a member has an interest in a matter tobe
considered or being considered by the committee if, for example,
duringthe previous 2 years—(a)the
member was employed by the same entity as the registeredvaluer whose conduct is being considered;
or(b)thememberwastheemployeroftheregisteredvaluerwhoseconduct is being
considered.’.Clause˙Amendment of s 59 (Committee may order
cancellation of registration,etc.)24.Section 59(3) to (5)—omit, insert—‘(3)Acommitteemayorderthevaluertopaytotheboard,withina1234567891011121314151617181920212223242526272829
s
2515s 27Valuers
Registration Amendmentstated time, the costs or part of the
costs of and incidental to the proceeding,including the
costs or part of the costs of the investigation that led to
theproceeding.‘(4)An order under subsection (1)(c) or
(3) may contain a direction thatthe valuer’s
registration is to be suspended for a stated period or cancelled
ifthe valuer fails to pay the penalty or costs
within the stated time.‘(5)If
the valuer does not pay the penalty or costs within the stated
time,the valuer’s registration is suspended or
cancelled in accordance with thedirection.’.Clause˙Amendment of s 61 (Appeals)25.(1)Section
61(1)(e)—omit.(2)Section 61(3)(e)—omit.Clause˙Insertion of new part hdg26.Before section 70—insert—‘PART 6—TRANSITIONAL PROVISIONS
FORVALUERS REGISTRATION ACT 1992’.Clause˙Insertion of new pt 727.After section 71—insert—12345678910111213141516171819202122
