Professional Engineers Act 2002
Professional Engineers Regulation 2003
Part 1
Preliminary
pt hdg ins 2003 SL No. 247
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1
Short title
This regulation may be cited as the
Professional Engineers Regulation 2003
.
2
Dictionary
The dictionary in schedule 2 defines words used in this regulation.
s 2
ins 2003 SL No. 247
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Part 2
Election of a registered professional engineer to the board
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Division 1
Preliminary
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3
Purpose of pt 2
This part states the procedures for electing, for section 82
(2)
(c) of the Act, a registered professional engineer 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.
(2)
The board must include—
…
(c)
1 registered professional engineer elected under this Act.
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Division 2
Notice of election and nomination procedure
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4
Notice of election
(1)
The registrar must publish a notice of the election day for the election of a registered professional engineer for appointment as a member of the board.
(2)
The notice must be published at least 2 months before the election day.
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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.
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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.
(3)
A statement mentioned in subsection (2) must not be more than 200 words.
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Division 3
Procedure if only 1 candidate nominated
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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.
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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.
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Division 4
Procedure if more than 1 candidate nominated
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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.
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10
Voting material
(1)
The registrar must send the following things to each eligible registered professional engineer at least 28 days before the election day—
(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 a registered professional engineer may cast a vote; and
(d)
be accompanied by any statements submitted by the candidates.
(3)
In this section—
eligible registered professional engineer means a person who was a registered professional engineer on the day the notice of the election was published under section 4
(1).
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How votes are cast
A registered professional engineer 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.
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12
Registrar must keep ballot box
(1)
The registrar must keep a ballot box for the election.
(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.
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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.
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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).
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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.
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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.
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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.
(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.
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Part 3
Miscellaneous
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17A
Prescribed qualifications and competencies for particular area of engineering—Act, s 10
(1)
This section prescribes, for section 10
(1)
(b) of the Act, the qualifications and competencies for aeronautical engineering.
(2)
The qualifications and competencies are—
(a)
a relevant CASA appointment that is in force; and
(b)
the qualifications and experience necessary, under the
Civil Aviation Safety Regulations 1998 (Cwlth), for the appointment.
(3)
In this section—
CASA has the meaning given by the
Civil Aviation Act 1988 (Cwlth), section 3.
relevant CASA appointment means an appointment by CASA, under regulation 201.001 of the
Civil Aviation Safety Regulations 1998 (Cwlth), as an authorised person for part 21, subpart 21.M of those regulations.
s 17A
ins 2013 SL No. 257
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18
Prescribed school of engineering—Act, s 82
For section 82
(2)
(a)
(i) of the Act, each of the following is a prescribed school of engineering—
•
Faculty of Engineering and Surveying, University of Southern Queensland
•
James Goldston Faculty of Engineering and Physical Systems, Central Queensland University
•
School of Engineering, Griffith University
•
School of Microelectronic Engineering, Griffith University
•
School of Engineering, James Cook University
•
School of Engineering, The University of Queensland
•
School of Information Technology and Electrical Engineering, The University of Queensland
•
School of Civil Engineering, Queensland University of Technology
•
School of Electrical and Electronic Systems Engineering, Queensland University of Technology
•
School of Mechanical, Manufacturing and Medical Engineering, Queensland University of Technology.
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(prev s 2) renum and reloc 2003 SL No. 247
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18A
Code of practice approved—Act, s 108
For section 108
(3) of the Act, the code of practice called ‘Code of Practice for Registered Professional Engineers’ made by the board on 22 March 2013 is approved.
s 18A
ins 2005 SL No. 109
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amd 2008 SL No. 126
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18B
Areas of engineering—Act, sch 2, definition area of engineering
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om 2008 SL No. 126
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19
Fees
The fees payable under the Act are stated in schedule 1.
s 19
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(1)
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(2)
amd 2004 SL No. 90
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20
Repeal
The Professional Engineers Regulation 2002 SL No. 349 is repealed.
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Schedule 1
Fees
section 19
$
1
Application fee—Act, s 8(2)(b)(iv)
55.60
2
Registration fee (practising professional engineer)—Act, s 8(2)(b)(iv)—
(a)
for a period of registration of more than 1 month but not more than 6 months
103.35
(b)
for a period of registration of more than 6 months
205.30
3
Registration fee (non-practising professional engineer)—Act, s 8(2)(b)(iv)
102.65
4
Annual registration fee (practising professional engineer)—Act, ss 18(3)(b)(ii) and 23(2)(b)(iii)
205.30
5
Annual registration fee (non-practising professional engineer)—Act, ss 18(3)(b)(ii) and 23(2)(b)(iii)
102.65
6
Processing a refused application—Act, s 14(b)
55.60
7
Processing a lapsed application—Act, s 27(7)
55.60
8
Processing a withdrawn application—Act, s 35(2)(a)
27.85
9
Copy of the register or part of it—Act, s 103(1)(b)
37.05
plus $2.15 for each page
10
Copy of the approved code of practice or part of it—Act, s 110(1)(b)
14.60
plus $2.15 for each page
sch 1 amd 2003 SL No. 247 s 8
sub 2004 SL No. 90 s 8; 2005 SL No. 109 s 8; 2006 SL No. 175 s 5
amd 2007 SL No. 43 s 3
sub 2008 SL No. 173 s 6; 2009 SL No. 82 s 6; 2010 SL No. 136 s 6; 2011 SL No. 120 s 6; 2012 SL No. 97 s 15; 2013 SL No. 128 s 16; 2014 SL No. 121 s 16
amd 2014 SL No. 309 s 7
sub 2015 SL No. 64 s 14
Schedule 2
Dictionary
section 2
ballot envelope see section 10
(1)
(b).
election day, for an election of a registered professional engineer to the board, means the day of the election, decided by the board.
election time, for an election of a registered professional engineer 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 registered professional engineers, including for example, a journal or newsletter given to registered professional engineers; or
(b)
in an electronic form, including for example, on the board’s website on the internet.
return envelope see section 10
(1)
(c).
scrutineer means a scrutineer appointed by a candidate under section 13
(1).
sch 2 ins 2003 SL No. 247 s 9