Architects Act 2002Architects Regulation 2003Part 1Preliminarypt hdg ins 2003 SL No. 246 s 31Short titleThis regulation may be cited as the Architects Regulation 2003.2DictionaryThe dictionary in schedule 2 defines words used in this regulation.s 2 ins 2003 SL No. 246 s 7Part 2Election of an architect to the boardpt hdg ins 2003 SL No. 246 s 7Division 1Preliminarydiv hdg ins 2003 SL No. 246 s 73Purpose of pt 2This part states the procedures for electing, for section 82(2)(c) of the Act, an architect for appointment as a member of the board.s 3 ins 2003 SL No. 246 s 7Division 2Notice of election and nomination procedurediv hdg ins 2003 SL No. 246 s 74Notice 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.s 4 ins 2003 SL No. 246 s 75Notice 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.

s 5 ins 2003 SL No. 246 s 76Requirements 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.(3)A statement mentioned in subsection (2) must not be more than 200 words.s 6 ins 2003 SL No. 246 s 7Division 3Procedure if only 1 candidate nominateddiv hdg ins 2003 SL No. 246 s 77Candidate taken to be elected unopposedIf 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.

s 7 ins 2003 SL No. 246 s 78Registrar 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.s 8 ins 2003 SL No. 246 s 7Division 4Procedure if more than 1 candidate nominateddiv hdg ins 2003 SL No. 246 s 79Registrar to conduct ballotIf more than 1 candidate is nominated by the nomination day and time, the registrar must conduct a ballot for the election under this division.s 9 ins 2003 SL No. 246 s 710Notice of accessibility of ballotThe registrar must, at least 35 days before the election day, publish a notice that—

(a)states the election day and election time; and

(b)states—

(i)whether the registrar or a voting services provider is administering voting in the election; and

(ii)if a voting services provider is administering voting in the election—states the name and contact details of the voting services provider; and

(c)provides instructions on how an eligible architect may cast a vote.

s 10 ins 2003 SL No. 246 s 7sub 2018 SL No. 218 s 2411Registrar to ensure ballot accessibleImmediately after publishing the notice under section 10, the registrar must ensure both of the following are accessible to each eligible architect—

(a)an electronic ballot form;

(b)a paper ballot form.Note—See also section 13(2) about how an eligible architect obtains a paper ballot form.

s 11 ins 2003 SL No. 246 s 7sub 2018 SL No. 218 s 2412Requirements for ballot forms(1)An electronic ballot form or a paper ballot form must—

(a)list the name of each candidate in alphabetical order; and

(b)be accompanied by any statements the candidates give to the registrar.

(2)The registrar may approve changes to an electronic ballot form that are necessary to allow the form to be displayed electronically.s 12 ins 2003 SL No. 246 s 7sub 2018 SL No. 218 s 2413Ways of voting(1)An eligible architect—

(a)is entitled to a single vote at an election; and

(b)may vote using—

(i)an electronic ballot form; or

(ii)a paper ballot form.

(2)However, if an eligible architect wants to vote using a paper ballot form, the architect must ask the following entity for a paper ballot form at least 28 days before the election day—

(a)if the registrar is administering voting in the election instead of a voting services provider—the registrar;

(b)if a voting services provider is administering voting in the election—the voting services provider.

(3)An eligible architect who asks for a paper ballot form may vote using an electronic ballot form as long as the architect does not use the paper ballot form to vote.s 13 ins 2003 SL No. 246 s 7sub 2018 SL No. 218 s 2414Printed voting material—registrar(1)This section applies if—

(a)the registrar is administering voting in an election instead of a voting services provider; and

(b)an eligible architect asks the registrar for a paper ballot form.

(2)The registrar must send the architect the following things at least 14 days before the election day—

(a)a paper ballot form;

(b)an unsealed envelope (the ballot envelope);

(c)an unsealed envelope (the return envelope) addressed to the registrar.

s 14 ins 2003 SL No. 246 s 7sub 2018 SL No. 218 s 2414APrinted voting material—voting services provider(1)This section applies if—

(a)a voting services provider is administering voting in an election; and

(b)an eligible architect asks the voting services provider for a paper ballot form.

(2)The registrar must ensure the voting services provider sends the architect the printed voting material mentioned in section 14(2)(a) to (c) at least 14 days before the election day.s 14A ins 2018 SL No. 218 s 2414BHow votes are cast(1)For voting using an electronic ballot form, an eligible architect may vote only by following the instructions for the electronic voting system being used for the election, by the election time.(2)For voting using a paper ballot form, an eligible architect may vote only by—

(a)marking the ballot form with a cross opposite the name of 1 candidate; and

(b)putting the ballot form 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)giving, posting or sending the return envelope to the following entity so that the entity receives the envelope by the election time—

(i)if the registrar is administering voting in the election instead of a voting services provider—the registrar;

(ii)if a voting services provider is administering voting in the election—the voting services provider.

s 14B ins 2018 SL No. 218 s 2414CBallot box and electronic vote security—registrar(1)This section applies if the registrar is administering voting in an election instead of a voting services provider.(2)The registrar must—

(a)keep a ballot box for the election; and

(b)keep the ballot box in a safe place; and

(c)seal the ballot box in a way that—

(i)allows ballot envelopes to be put in it until the election finishes; and

(ii)prevents ballot envelopes from being taken from it until votes for the election are to be counted.

(3)The registrar must have appropriate measures to keep an electronic voting system used or intended to be used for or in connection with electronic voting secure from interference at all times.s 14C ins 2018 SL No. 218 s 2414DBallot box and electronic vote security—voting services provider(1)This section applies if a voting services provider is administering voting in an election.(2)The registrar must ensure the voting services provider—

(a)has a ballot box for the election; and

(b)keeps the ballot box in a safe place; and

(c)seals the ballot box in a way that—

(i)allows ballot envelopes to be put in it until the election finishes; and

(ii)prevents ballot envelopes from being taken from it until votes for the election are to be counted.

(3)The registrar must ensure the voting services provider has appropriate measures to keep an electronic voting system used or intended to be used for or in connection with electronic voting secure from interference at all times.s 14D ins 2018 SL No. 218 s 2414ECounting of votes—registrar(1)This section applies if the registrar is administering voting in an election instead of a voting services provider.(2)The registrar must do the following at, or as soon as practicable after, the election time—

(a)for votes cast using an electronic ballot form—arrange for the electronic counting of the votes cast;

(b)for votes cast using a paper ballot form—

(i)open each ballot envelope in the ballot box for the election; and

(ii)accept each formal ballot form and reject each informal ballot form; and

(iii)count and record the number of votes for each candidate on the accepted ballot forms.

(3)Also, the registrar must do the things mentioned in subsection (2) in the presence of at least 2 witnesses.(4)Despite subsection (2)(b)(ii), the registrar may accept an informal ballot form if the registrar considers the voter’s intention is clear.s 14E ins 2018 SL No. 218 s 2414FCounting of votes—voting services provider(1)This section applies if a voting services provider is administering voting in an election.(2)The registrar must ensure the voting services provider does the following at, or as soon as practicable after, the election time—

(a)for votes cast using an electronic ballot form—arrange for the electronic counting of the votes cast;

(b)for votes cast using a paper ballot form—

(i)open each ballot envelope in the ballot box for the election; and

(ii)accept each formal ballot form and reject each informal ballot form; and

(iii)count and record the number of votes for each candidate on the accepted ballot forms.

(3)Also, the registrar must ensure the voting services provider does the things mentioned in subsection (2) in the presence of at least 2 witnesses.(4)Despite subsection (2)(b)(ii), the voting services provider may accept an informal ballot form if the provider considers the voter’s intention is clear.s 14F ins 2018 SL No. 218 s 2414GVoting services provider to inform registrar of result(1)This section applies if a voting services provider is administering voting in an election.(2)The registrar must ensure the voting services provider informs the registrar the result of the counting as soon as practicable after counting all the votes.s 14G ins 2018 SL No. 218 s 2414HRegistrar to inform Minister of resultThe registrar must inform the Minister the result of the counting as soon as practicable after counting all the votes.s 14H ins 2018 SL No. 218 s 2415Candidate 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 at least 2 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.s 15 ins 2003 SL No. 246 s 7amd 2018 SL No. 218 s 2516Registrar 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.s 16 ins 2003 SL No. 246 s 717Disposal of ballots—registrar(1)This section applies if the registrar is administering voting in an election instead of a voting services provider.(2)The registrar must—

(a)keep all electronic ballot forms in a secure electronic location for 3 months after the election day; and

(b)keep the paper ballot forms that were put in the ballot box under section 14C(2) for 3 months after the election day.

(3)During the 3 months, the registrar must make the tally of electronic ballot forms and paper ballot forms available for inspection by members of the public, free of charge, at the registrar’s office during ordinary office hours.(4)At the end of the 3 months, the registrar must destroy the electronic ballot forms and paper ballot forms.s 17 ins 2003 SL No. 246 s 7sub 2018 SL No. 218 s 2617ADisposal of ballots—voting services provider(1)This section applies if a voting services provider is administering voting in an election.(2)The registrar must ensure the voting services provider—

(a)keeps all electronic ballot forms in a secure electronic location for 3 months after the election day; and

(b)keeps the paper ballot forms that were put in the ballot box under section 14D(2) for 3 months after the election day.

(3)During the 3 months, the registrar must ensure the voting services provider makes the tally of electronic ballot forms and paper ballot forms available for inspection by members of the public, free of charge, at the voting services provider’s office during ordinary office hours.(4)At the end of the 3 months, the registrar must ensure the voting services provider destroys the electronic ballot forms and paper ballot forms.s 17A ins 2018 SL No. 218 s 26Division 5Voting services providers and electronic voting systemsdiv hdg ins 2018 SL No. 218 s 2717BVoting services providerA voting services provider, for an election of an architect for appointment as a member of the board, means an entity—

(a)approved by the board to administer voting in the election; and

(b)whose name and contact details are published on the board’s website from when a notice is published under section 10.

s 17B ins 2018 SL No. 218 s 2717CRequirements for electronic voting systems(1)An electronic voting system provided by the registrar or a voting services provider must—

(a)give an eligible architect an opportunity to change the architect’s vote before casting the vote; and

(b)not allow a person to find out how a particular eligible architect cast the architect’s vote.

(2)An electronic voting system provided by the registrar or a voting services provider must—

(a)if used properly, give the same result in the scrutiny of votes as would be obtained if the scrutiny were conducted without using the system; and

(b)not allow a person to find out how a particular eligible architect cast the architect’s vote.

s 17C ins 2018 SL No. 218 s 27Part 3Miscellaneouspt hdg ins 2003 SL No. 246 s 718Prescribed school of architecture—Act, s 82For 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.

s 18 (prev s 2) renum and reloc 2003 SL No. 246 s 418ACode of practice approved—Act, s 108For 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. The code of practice is also available for inspection on the board’s website.s 18A ins 2005 SL No. 109 s 419FeesThe fees payable under the Act are stated in schedule 1.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 420RepealThe Architects Regulation 2002 SL No. 348 is repealed.s 20 (prev s 4) renum and reloc 2003 SL No. 246 s 6Schedule 1Feessection 19$1Application fee—Act, ss 8(2)(b)(iii) and 23(2)(b)(ii)256.602Registration 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 144.50(b)for a period of registration of more than 6 months 289.003Registration fee (non-practising architect)—Act, s 8(2)(b)(iii)98.804Annual registration fee (practising architect)—Act, ss 18(3)(b)(ii) and 23(2)(b)(iii)289.005Annual registration fee (non-practising architect)—Act, ss 18(3)(b)(ii) and 23(2)(b)(iii)98.806Processing refused application—Act, s 14(b)173.907Processing lapsed application—Act, s 27(7)173.908Processing withdrawn application—Act, s 35(2)(a)88.059Copy of the register or part of it—Act, s 103(1)(b)42.55plus $2.60 for each page10Copy of approved code of practice or part of it—Act, s 110(1)(b)16.80plus $2.60 for each pagesch 1 amd 2003 SL No. 246 s 8sub 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 4amd 2010 Act No. 18 s 45 schsub 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; 2014 SL No. 121 s 4; 2015 SL No. 64 s 4amd 2016 SL No. 98 s 4sub 2017 SL No. 118 s 4; 2018 SL No. 95 s 4amd 2019 SL No. 21 s 3Schedule 2Dictionarysection 2ballot envelope see section 14(2)(b).def ballot envelope amd 2018 SL No. 218 s 28 (3)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.eligible architect means a person who is an architect on the day a notice of an election is published under section 4(1).def eligible architect ins 2018 SL No. 218 s 28 (2)formal ballot form, for a paper ballot form, means a ballot form that is marked as required under section 14B(2)(a).def formal ballot form ins 2018 SL No. 218 s 28 (2)informal ballot form, for a paper ballot form, means a ballot form that is not marked as required under section 14B(2)(a).def informal ballot form ins 2018 SL No. 218 s 28(2)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 website on the internet.

return envelope see section 14(2)(c).def return envelope amd 2018 SL No. 218 s 28 (4)scrutineer ...def scrutineer om 2018 SL No. 218 s 28 (1)voting services provider see section 17B.def voting services provider ins 2018 SL No. 218 s 28 (2)sch 2 ins 2003 SL No. 246 s 9