Professional Engineers Regulation 1992

Queensland Professional Engineers Act 1988 PROFESSIONAL ENGINEERS REGULATION 1992 Reprinted as in force on 1 January 2003 (includes amendments up to SL No. 228 of 2002) This is the reprint current on the repeal date Reprint No. 1E This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 1 January 2003. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland PROFESSIONAL ENGINEERS REGULATION 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Conduct of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Divisions of engineering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Prescribed class of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Attendance before Board of applicant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 5 FEES SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 6 ELECTIONS 1 Notice of election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 2 Returning officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Roll of electors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4 Nominations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 5 Withdrawal of nomination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 6 When ballot not required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Ballot papers to be prepared and sent to voters. . . . . . . . . . . . . . . . . . . . . . . 7 9 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Counting votes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Declaration of result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Professional Engineers Regulation 1992 13 Minister to be notified of result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Destruction of ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

s1 3 s4 Professional Engineers Regulation 1992 PROFESSIONAL ENGINEERS REGULATION 1992 [as amended by all amendments that commenced on or before 1 January 2003] 1 Short title This regulation may be cited as the Professional Engineers Regulation 1992 . 2 Fees The fees payable for the purposes of the Act are the fees set out in Schedule 1. 3 Conduct of election For the purposes of section 7(b) of the Act, the elected members of the Board are to be elected in the way specified in Schedule 2. 4 Divisions of engineering For the purposes of section 19 of the Act, the divisions of professional engineering are— (a) aeronautical engineering; and (b) agricultural engineering; and (c) chemical engineering; and (d) civil engineering; and (e) computer systems engineering; and (f) electrical engineering; and (g) mechanical engineering; and (h) metallurgical engineering; and (i) mining engineering; and (j) naval architectural engineering.

s5 4 s7 Professional Engineers Regulation 1992 5 Prescribed class of persons For the purposes of section 30(c)(ii)(B) of the Act, the prescribed class of persons is the spouse or child of a registered professional engineer. 6 Insurance For the purposes of— (a) section 30(d) of the Act, the prescribed amount of professional indemnity insurance is $385 000; and (b) section 40B of the Act, the prescribed insurance cover for a registered professional engineering unit is professional indemnity insurance, in the name of the corporation of which the unit is part, of an amount of $385 000. 7 Attendance before Board of applicant The Board may require an applicant for registration— (a) to give to the Board, orally or in writing, further information relating to the application; or (b) to attend before the Board and provide information relating to the application.

5 Professional Engineers Regulation 1992 SCHEDULE 1 FEES section 2 $ 1. For registration as a registered professional engineer . . . . 38.00 2. Registered professional engineers’ roll fee . . . . . . . . . . . . 71.00 3. For restoration of registration as a registered professional engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00 4. For issue of a replacement certificate of registration. . . . . 38.00

6 Professional Engineers Regulation 1992 SCHEDULE 2 ELECTIONS section 3 1 Notice of election (1) The Board must, by Gazette notice, notify registered professional engineers that an election is to be held. (2) The notice must— (a) be published before 30 April in the year of the election; and (b) specify— (i) the number of registered professional engineers who are to be elected as members of the Board; and (ii) the day (not less than 21 days after the publication of the notice) on which nomination of candidates for the election closes; and (iii) the day (not later than 30 June) fixed by the Board for the election. 2 Returning officer The registrar is the returning officer. 3 Roll of electors (1) The returning officer must prepare a roll of electors. (2) The roll must include the names, in alphabetical order, of all persons who are registered professional engineers on the day notice of the election is published. (3) The chairperson must certify the roll as correct as soon as practicable after it is prepared. (4) The certified roll is to be the roll for the election.

7 Professional Engineers Regulation 1992 SCHEDULE 2 (continued) 4 Nominations (1) A nomination of a candidate for election as a member of the Board must be signed by— (a) not less than 5 registered professional engineers; and (b) the candidate. (2) The candidate must be a registered professional engineer. (3) The nomination must be given to the returning officer not later than 4 p.m. on the day on which nominations close. 5 Withdrawal of nomination A candidate may withdraw from an election by signed notice given to the returning officer not later than 4 p.m. on the day on which nominations close. 6 When ballot not required If there are not more than 3 candidates for election, the returning officer must declare the candidates elected as members of the Board. 7 Election If there are more than 3 candidates for election, the returning officer must conduct an election. 8 Ballot papers to be prepared and sent to voters The returning officer must prepare and send ballot papers to each registered professional engineer whose name is included on the roll, together with an envelope, addressed to the returning officer and marked ‘ballot paper only’. 9 Voting (1) Each registered professional engineer is entitled to 1 vote. (2) A vote is to be recorded by—

8 Professional Engineers Regulation 1992 SCHEDULE 2 (continued) (a) placing a cross opposite the names of 3 candidates; and (b) placing the completed ballot paper in the ballot paper envelope; and (c) sealing the ballot paper envelope; and (d) sending or delivering the ballot paper envelope to the returning officer. (3) The voter must not make any other mark on the ballot paper. (4) A vote is informal if the ballot paper— (a) is not completed in the way required by this clause; or (b) is marked in a way that is not permitted by this clause. (5) The returning officer must place each sealed ballot paper envelope received by the returning officer in a locked ballot box. (6) A ballot paper received after 4 p.m. on the day of the election is not to be placed in the ballot box. 10 Scrutineers (1) Each candidate is entitled to appoint 1 person as a scrutineer. (2) The candidate must notify the returning officer of the appointment not less than 5 days before the day of the election. 11 Counting votes The returning officer must, immediately after the close of the election— (a) open the ballot box in the presence of the scrutineers and 2 other witnesses; and (b) remove the ballot papers from the ballot paper envelopes; and (c) examine the ballot papers; and (d) count the number of formal votes for each candidate; and (e) count the number of informal votes.

9 Professional Engineers Regulation 1992 SCHEDULE 2 (continued) 12 Declaration of result (1) At the completion of the count, the returning officer must declare elected as a member of the Board the candidate who received the most votes and 2 other candidates who, in order, received the next highest number of votes. (2) If— (a) 2 or more candidates receive the same number of votes; and (b) each of the candidates is entitled to be declared elected; and (c) the number of candidates entitled to be declared elected, together with any candidate (if any) already declared to be elected, is more than 3; the returning officer is to determine who is to be declared elected from the candidates whose votes are equal by lot in the presence of the scrutineers and witnesses. 13 Minister to be notified of result The returning officer must notify the Minister of the persons who have been declared elected as members of the Board under section 6 or 12. 14 Destruction of ballot papers (1) The returning officer must keep the ballot papers for 6 months after the election. (2) The Board may, after the end of the period mentioned in subsection (1), direct the registrar to destroy the ballot papers. (3) The returning officer must destroy the ballot papers in the way directed by the Board, or, if no direction is given, in the way that the returning officer considers appropriate.

10 Professional Engineers Regulation 1992 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 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 January 2003. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd 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 = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

11 Professional Engineers Regulation 1992 4 Table of earlier reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF EARLIER REPRINTS Reprint No. 1 1A 1B 1C Amendments included none to SL No. 191 of 2000 to SL No. 239 of 2000 to SL No. 154 of 2001 1D to SL No. 228 of 2002 Effective 14 May 1993 7 July 2000 15 September 2000 31 August 2001 30 August 2002 Reprint date 9 June 1993 21 July 2000 25 September 2000 14 September 2001 (Column discontinued) Notes 5 List of legislation Professional Engineers Regulation 1992 SL No. 146 of 1993 made by the Governor in Council on 18 December 1992 notfd gaz 14 May 1993 pp 471–2 commenced on date of notification rep 1 January 2003 (2002 No. 54 s 145) amending legislation— Public Works Legislation Amendment Regulation (No. 1) 2000 SL No. 191 pts 1, 3 notfd gaz 7 July 2000 pp 857–8 commenced on date of notification Professional Engineers Amendment Regulation (No. 1) 2000 SL No. 239 notfd gaz 15 September 2000 pp 222–5 commenced on date of notification Public Works Legislation Amendment Regulation (No. 1) 2001 SL No. 154 pts 1, 3 notfd gaz 31 August 2001 pp 1618–19 commenced on date of notification Public Works Legislation Amendment Regulation (No. 1) 2002 SL No. 228 pts 1, 3 notfd gaz 30 August 2002 pp 1557–61 commenced on date of notification 6 List of annotations Insurance s 6 amd 2000 SL No. 191 s 5

12 Professional Engineers Regulation 1992 Repeal s 8 om R1 (see RA s 40) SCHEDULE 1—FEES sub 2000 SL No. 239 s 3; 2001 SL No. 154 s 5; 2002 SL No. 228 s 17 © State of Queensland 2003