QueenslandArchitects Act
1985ARCHITECTSREGULATION1996Reprinted as in force on 1 January
2003(includes amendments up to SL No. 228 of
2002)This is the reprint current on the repeal
dateReprint No. 1EThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 1 January 2003.The reprint shows
the law as amendedby 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 listof legislation and list of annotations in
endnotes.This page is specific to this reprint.See
previous reprints for information about earlierchanges made under
the Reprints Act 1992.A table of earlier reprints is
included in theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
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means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
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Also, any revised edition of the previously published electronic
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s15s3Architects Regulation 1996ARCHITECTS REGULATION 1996[as
amended by all amendments that commenced on or before 1 January
2003]PART 1—PRELIMINARY1Short
titleThis regulation may be cited as theArchitects Regulation 1996.2DefinitionsIn
this regulation—“elected member”means a member
mentioned in section 5(1)(c)1of
theAct.“election day”see section
4(1).“eligible architect”, for the
conduct of an election, means an architect whowas an architect
on the day the notice of the election was published.“nomination day”see section
4(1).“notification day”see section
4(1).PART 2—ELECTION OF ELECTED MEMBERS3Conduct of election—Act, s
5(1)(c)For section 5(1)(c) of the Act, the elected
members are to be elected inthe way set out
in this part.1Section 5 (Constitution of the board)
of the Act
s46s7Architects Regulation 19964Fixing election, nomination and
notification days(1)Before May in the year of the
election, the board must fix—(a)the
day for the election (the“election day”); and(b)thedaynominationsofcandidatesfortheelectionclose(the“nomination day”); and(c)the day on or before which notice of
the election is to be given(the“notification day”).(2)The election day must not be later
than the next 30 June.(3)Thenominationdaymustnotbelessthan21daysafterthenotification day.(4)The
notification day must not be later than 30 April in the year of
theelection.5Notice of election(1)Onorbeforethenotificationday,thereturningofficermust,bygazette notice, give notice of the
election.(2)The notice must state—(a)thenumberofarchitectswhoaretobeelectedaselectedmembers;
and(b)the nomination day; and(c)the election day.6Roll
of electors(1)The returning officer must prepare a
roll of electors.(2)The roll must include the names, in
alphabetical order, of all personswho are
architects on the day the notice of the election is
published.(3)The chairperson must certify the roll
as correct as soon as practicableafter it is
prepared.(4)The certified roll is to be the roll
for the election.7Nominations(1)A
nomination of a candidate for election must be signed
by—
s
87s 11Architects
Regulation 1996(a)not less than 5 eligible architects;
and(b)the candidate.(2)The
candidate must be an eligible architect.(3)The
nomination must—(a)be in the approved form, and(b)be given to the returning officer
before 4 pm on the nominationday.8Withdrawal of nomination(1)A person nominated as a candidate for
election may withdraw theperson’sagreementtothenominationbysignednoticegiventothereturning officer before 4 pm on the
nomination day.(2)If this happens, the nomination has no
effect.(3)The notice must be in the approved
form.9Death of candidateThe nomination
of a person as a candidate for election has no effect—(a)if the person dies before 4 pm on the
nomination day; or(b)ifballotpapersfortheelectionarebeingsentundersection 12—if
the person dies before the ballot papers are sent.10Procedure if not more than 2
candidates nominatedIf there are not more than 2
candidates for election—(a)the candidates
are taken to have been elected; and(b)assoonaspracticableafterthenominationday,thereturningofficer must
declare that the candidates are taken to have beenelected as members.11Procedure if more than 2 candidates
nominatedIftherearemorethan2candidatesforelection,thereturningofficermust
conduct an election.
s
128s 14Architects
Regulation 199612Sending out ballot papers(1)The returning officer must prepare and
send to each architect whosename is on the
roll of electors—(a)a ballot paper; and(b)an envelope addressed to the returning
officer and marked ‘ballotpaper only’.(2)The
ballot papers and envelopes must be sent as soon as
practicableafter the nomination day but, in any event,
not later than 14 days before theelection
day.(3)A ballot paper must be in the approved
form.13Voting(1)A
vote is recorded by—(a)placing a cross
opposite the name of each of 2 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 returningofficer.(2)The
voter must not make any other mark on the ballot paper.(3)A vote is informal if the ballot
paper—(a)is not completed in the way required
by this section; or(b)is marked in a way not permitted by
this section.14Receipt of completed ballot
papers(1)The returning officer must place each
sealed ballot paper envelopereceived by the
returning officer in a locked ballot box.(2)However, a ballot paper envelope received
after 4 pm on the electionday must not be placed in the ballot
box.(3)A ballot box must have an opening of a
size sufficient to allow ballotpaper envelopes
to be put in the box.
s
159s 17Architects
Regulation 199615Scrutineers(1)A
candidate may appoint 1 person as a scrutineer.(2)The
candidate must give the returning officer written notice of
theappointment.(3)The
notice must be given not less than 5 days before the election
day.16Counting of votes(1)As
soon as practicable after 4 pm on the election day, the
returningofficer must count the votes cast in the
election as required by this section.(2)Theproceduresforcountingthevotesmustbecarriedoutinthepresence of any
scrutineers who wish to attend.(3)The
returning officer must—(a)open the ballot
box; 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.17Deciding result(1)The
candidate who receives the greatest number of votes is
elected.(2)The candidate who receives the next
highest number of votes also iselected.(3)However, if 2 or more candidates
receive the same number of votesso that
subsection (1) or (2) cannot be applied, the returning officer
mustdecide, by lot, which candidate is
elected.(4)A decision under subsection (3) must
be made in the presence of—(a)any
scrutineers who wish to attend; and(b)at
least 2 other witnesses.
s
1810s 21Architects
Regulation 199618Declaration of resultAssoonaspracticableaftertheresultoftheelectionisknown,thereturning officer must, by notice in the
approved form, declare the names ofeach candidate
who has been elected.19Notification of
result(1)ThereturningofficermustgivetheMinisterwrittennoticeofthecandidates—(a)declared as taken to have been elected under
section 10;2or(b)declared elected under section 18.3(2)The notice also
must state the date of the declaration.20Destruction of ballot papers(1)The returning officer must keep the
ballot papers for 6 months afterthe
election.(2)Attheendoftheperiodof6months,theboardmaydirectthereturning officer to destroy the ballot
papers.(3)Thereturningofficermustdestroytheballotpapersinthewaydirected by the board, or, if no direction is
given, in the way the returningofficer considers
appropriate.PART 3—BUSINESS OF THE BOARDDivision 1—Conduct of business21Committees(1)Theboardmayestablishcommitteesanddecidethefunctionsorterms
of reference of a committee.2Section 10 (Procedure if not more than 2
candidates nominated)3Section 18
(Declaration of result)
s
2211s 23Architects
Regulation 1996(2)A committee may be constituted—(a)wholly by members of the board;
or(b)partly by members of the board and
partly by other persons.(3)The chairperson
of the board—(a)is a member of each committee;
and(b)istopresideatallmeetingsofthecommitteeatwhichthechairperson is present.(4)The
business of a committee is to be conducted, as far as
practicable,in the same way as the business of the board
is conducted.22Order of businessThe arrangement
of the order of business for an ordinary meeting of theboard
is as follows—•apologies•confirmation of the minutes of the previous
meeting•business arising out of the
minutes•correspondence•prescribed examinations•reports of committees•applications for registration•financial statement and accounts for
payment•general business•any
other business.Division 2—Financial23Banking(1)Assoonaspracticableaftertheregistrarreceivesanamountofmoney
on account of the board, the registrar must deposit the amount in
abank account to the credit of the
board.
s
2412s 27Architects
Regulation 1996(2)The account must be an account with a
bank specified by the boardand be called The
Board of Architects of Queensland Account.24Payment of accountsAn account
presented to the board and approved by it for payment mustbe
paid by cheque, signed by at least 2 of the following—•the chairperson•the
registrar•another person decided by the
board.25Presentation of financial
statementsAteachordinarymeetingoftheboard,theregistrarmustpresentastatement showing the receipts and
disbursements of the board since thelast
meeting.Division 3—Board’s seal26CustodyThe registrar
has custody of the board’s seal.27Use(1)The board’s seal
may be used only in the way stated in this section.(2)Thechairpersonorregistrarmayattachtheboard’ssealtoadocument.(3)However,thechairpersonorregistrarmayattachthesealtoadocumentonlyifauthorisedbytheboardbyresolutionpassedforthepurpose and
entered in the minutes of the board’s proceedings.
s
2813s 31Architects
Regulation 1996PART 4—REGISTRATION OF ARCHITECTSDivision 1—Application for
registration28Form of applicationAn
application to the board for registration as an architect must be
in theapproved form.Division
2—Qualifications29Examinations—Act, s 16(1)(1)For section 16(1)4of
the Act, examinations in the subjects specifiedin schedule 1 are
the prescribed examinations.(2)The
board must—(a)prepare a syllabus for each subject;
and(b)keepalistofthetextbooksandothermaterialitconsidersappropriateforstudyandreferencebycandidatesfortheprescribed examinations.(3)The board must give a copy of the
syllabus or list to any person whoasks for
it.30Approved courses(1)The
board must keep a list of the courses of study in architecture
thesyllabusesofwhichhavebeenapprovedbytheboardundersection
16(1)(a)(ii) of the Act.(2)The board must
give a copy of the list to any person who asks for it.31Undertaking examinations(1)A candidate may sit for part 1 or 2 of
the prescribed examinationsonly with the
approval of the board.4Section 16
(Qualifications for registration) of the Act
s
3214s 32Architects
Regulation 1996(2)The board may give its approval only
if it is satisfied the candidate iseligible for
enrolment in a course mentioned in section 16(1)(a)(ii) of
theAct.(3)Acandidatemustpassparts1and2oftheprescribedexaminations—(a)within 10 years after the board gives its
approval to the candidateto sit for the examinations; or(b)iftheboardissatisfiedspecialcircumstancesapplytothecandidate and
grants an extension—within the period allowed bythe
board.(4)Acandidatemayundertakepart2oftheprescribedexaminationsonly if the
candidate has passed part 1.(5)A
candidate may undertake part 3 of the prescribed examinations,
orequivalent examinations conducted by a board
or other body approved bythe Board of Architects of Queensland,
only if the candidate—(a)satisfies the
requirement of section 16(1)(a) of the Act; and(b)hasthepracticalexperienceinarchitecturalworkandpracticementioned in
section 32.32Practical experience—Act, s
16(1)(b)(1)Forsection16(1)(b)oftheAct,thepracticalexperienceinarchitectural work and practice is employment
satisfying the requirementsof this
section.(2)Theemploymentmustbeemploymenttheboardconsidersmightreasonably be
expected to equip a candidate with adequate knowledge andexpertisetopasspart3oftheprescribedexaminations,orequivalentexaminations
conducted by a board or other body approved by the Board ofArchitects of Queensland.(3)The
employment must be for at least 2 years.(4)However,atleast1yearoftheemploymentmustbestartedandfinished after the candidate has satisfied
section 16(1)(a) of the Act.
s
3315s 35Architects
Regulation 199633Particulars of qualifications to be
contained in register—Act,s 13(1)For section
13(1)5of the Act, the following particulars
are prescribed foreach person registered as an
architect—(a)adescriptionofthequalificationsentitlingthepersontoberegistered as an architect;(b)the date the person’s qualifications
were obtained.PART 5—APPROVAL OF ARCHITECTURALCOMPANIES34FormsEach of the
following must be in the approved form—(a)anapplicationtotheboardforapprovalofacompanyasanapproved architectural company;(b)an application to the board by an
approved architectural companyfor a renewal of
its certificate of approval;(c)acertificateofapprovalofacompanyasanapprovedarchitectural
company.35Applications for certificates of
approval(1)This section applies to the following
applications—(a)an application to approve a company as
an approved architecturalcompany;(b)an
application to renew a certificate of approval of an approvedarchitectural company.(2)Forobtainingevidencetheboardmayrequiretosupporttheapplication,6the
board may ask an officer of the company to attend before5Section 13 (The register) of the
Act6See the Act, sections 24 (Conditions
of approval) and 25 (Certificate of approval andrenewal).
s
3616s 37Architects
Regulation 1996the board, or a committee of the board, at
the time and place fixed by theboard, to give or
produce the evidence.(3)Iftheboardrefusestheapplication,itmustrefundthefeethataccompanied the application to the
applicant.36Return by approved architectural
company(1)This section applies if a person
becomes, or stops being, the personhaving the actual
personal supervision and management of the business ofan
approved architectural company at a place.(2)The
company must give to the registrar, as required by this
section—(a)written notice of the change;
and(b)anyfurtherinformationordocumentsaboutthechangetheboard, by written notice given to the
company, requires.Maximum penalty—16 penalty units.(3)Thenoticementionedinsubsection(2)(a)mustbegivenwithin1
month after the change.(4)The information
or documents mentioned in subsection (2)(b) mustbe
given within the period stated in the board’s notice.(5)Theinformationordocumentsmayonlybeinformationordocumentsthatisorarerelevantfordecidingwhetherornot,afterthechange, the company satisfies the
requirements of section 247of the Act
forobtaining approval as an approved
architectural company.(6)The board may
ask an officer of the company to attend before theboard,oracommitteeoftheboard,atthetimeandplacefixedbytheboard, to give
the information or produce the documents.37Prescribed qualifications—Act, s
24(1)(b)(ii)(A)Forsection24(1)(b)(ii)(A)oftheAct,aprescribedqualificationiseligibility for corporate membership
of—(a)an entity mentioned in schedule 2;
or(b)an institute or other entity the board
considers is equivalent to, orof equal
standing with, an entity mentioned in schedule 2.7Section 24 (Conditions of approval) of
the Act
s
3817s 42Architects
Regulation 199638Relative of architect—Act, s
24(1)(b)(ii)(B)Forsection24(1)(b)(ii)(B)oftheAct,apersonisarelativeofanarchitect if the person is the spouse,
child, grandchild, brother, sister, parentor grandparent of
the architect.PART 6—FEES39Roll
feesBefore31 Augustineachyear,theregistrarmustgiveeacharchitectwrittennoticeoftheamountoftherollfeepayablefortheyearcommencing on the
next 1 January.40Members fees and allowancesThefeesandallowancestobepaidtoamemberarethefeesandallowances decided by the Governor in
Council.41FeesThe fees payable
under the Act are in schedule 3.PART
7—MISCELLANEOUS42Schools of architecture—Act, s
5(1)(a)Forsection5(1)(a)8ofthe Act,eachofthefollowingisaprescribedschool of
architecture—•The Department of Architecture of the
University of Queensland•SchoolofArchitecture,InteriorandIndustrialDesign,Queensland University of Technology.8Section 5 (Constitution of the board)
of the Act
s
4318s 44Architects
Regulation 199643Change of addressIfanarchitectchangestheaddressatwhichthearchitectcarriesonbusiness, the architect must give the
registrar written notice of the changewithin 14 days
after the change.Maximum penalty—16 penalty units.44CertificatesA certificate
given by the board must have the board’s seal attached to itand
be signed by the chairperson and registrar.
19Architects Regulation 1996SCHEDULE 1EXAMINATION
SUBJECTSsection 29Subject
numberPart 1—1234567Part
2—89101112131415Part 3—16SubjectTestimonies of
study and delineationArchitectural design IHistory of architectural developmentArchitectural construction IMaterialsStructures
IBuilding services ITestimonies of
studyArchitectural design IIArchitectural
construction IIStructures IISpecificationsProfessional
practiceBuilding services IITown
planningArchitectural practice
20Architects Regulation 1996SCHEDULE 2ENTITIES FOR
WHICH ELIGIBILITY FORCORPORATE MEMBERSHIP IS A
PRESCRIBEDQUALIFICATION FOR SECTION 24(1)(b)(ii)(A) OF
THEACTThe Australian Institute of
BuildingThe Australian Institute of Landscape
ArchitectsThe Australian Institute of Quantity
SurveyorsThe Industrial Design Institute of
AustraliaThe Institution of EngineersThe
Royal Australian Planning Institutesection
37
23Architects Regulation 19964Table of earlier reprintsReprints are issued for both future and past
effective dates.For the most up-to-date tableof
earlier reprints, see the latest reprint.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.TABLE
OF EARLIER REPRINTSReprintNo.11A1B1CAmendments includednoneto SL No. 191 of 2000to SL
No. 219 of 2000to SL No. 154 of 20011Dto SL
No. 228 of 2002Effective31 May
19967 July 200018 August
200031 August 200130 August
2002Reprint date31 October
199621 July 20001 September
20007 September 2001(Column
discontinued)Notes5List
of legislationArchitects Regulation 1996 SL No. 115made
by the Governor in Council on 30 May 1996notfd gaz 31 May
1996 pp 823–6commenced on date of notificationrep 1
January 2003 (2002 No. 53 s 144)amending
legislation—Public Works Legislation Amendment Regulation
(No. 1) 2000 SL No. 191 pts 1–2notfd gaz 7 July
2000 pp 857–8commenced on date of notificationArchitects Amendment Regulation (No. 1) 2000
SL No. 219notfd gaz 18 August 2000 pp 1394–5commenced on date of notificationPublic
Works Legislation Amendment Regulation (No. 1) 2001 SL No. 154 pts
1–2notfd gaz 31 August 2001 pp 1618–19commenced on date of notificationPublic
Works Legislation Amendment Regulation (No. 1) 2002 SL No. 228 pts
1–2notfd gaz 30 August 2002 pp 1557–61commenced on date of notification6List of annotationsDefinitionss 2def“elected member”amd 2002 SL No.
228 s 3