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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
SURVEYORS BILL 2003
Queensland
SURVEYORS BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Mutual recognition legislation not affected. . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 2--SURVEYORS BOARD OF QUEENSLAND
Division 1--Establishment, functions and powers
7 Establishment of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
8 Board's relationship with the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
9 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
10 Board's independence etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Powers of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Membership
12 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
13 Nominations for appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Term of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Investigations about eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . 17
18 Criminal history is confidential document . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Vacation of office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 When notice of resignation takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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21 Casual vacancy in member's office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Leave of absence for a member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Effect of vacancy or irregularity in membership of board . . . . . . . . . . . . . . 19
24 Remuneration and other entitlements of members . . . . . . . . . . . . . . . . . . . . 20
Division 3--Board business
25 Conduct of business. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
26 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
27 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
28 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4--Disclosure of interests by members
31 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 5--Directions by Minister
32 Minister's power to give directions in the public interest . . . . . . . . . . . . . . . 23
Division 6--Annual report
33 Matters to be included in annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 7--Other provisions about the board
34 Board is a statutory body under the Financial Administration and Audit
Act 1977 ................................................. 24
35 Board is a statutory body under the Statutory Bodies Financial
Arrangements Act 1982. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3--REGISTRATION AND REGISTRATION
ENDORSEMENTS
Division 1--Eligibility
36 Eligibility for registration or registration endorsement-- individuals . . . . . 24
37 Suitability of individual for registration or registration endorsement . . . . . . 25
38 Eligibility for registration and registration endorsement-- corporations . . . 26
Division 2--Competency assessment
Subdivision 1--Competency frameworks
39 Establishing competency frameworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
40 Publishing competency frameworks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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Subdivision 2--Accredited entities
41 Accreditation of entities for assessing competency. . . . . . . . . . . . . . . . . . . . 27
42 Record of accredited entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 3--Assessing competency
43 Who may assess competency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Application for competency assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3--Applications for registration and registration endorsement
45 Procedural requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
46 Additional requirements for application by corporation . . . . . . . . . . . . . . . . 29
47 Additional requirements for application for registration as an emeritus
surveyor ............................................ 30
48 Board's powers before deciding application . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
50 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 31
51 Term of registration or registration endorsement . . . . . . . . . . . . . . . . . . . . . 31
52 Registration certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
53 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 4--Renewing registration and registration endorsement
54 Application for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Board's powers before deciding application . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
57 Steps to be taken after application decided . . . . . . . . . . . . . . . . . . . . . . . . . . 33
58 Failure to decide application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Division 5--Restoring expired registrations and registration
endorsements
59 When application to restore registration or registration endorsement
may be made .......................................... 34
60 Procedural requirements for applications to restore registration
or registration endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
61 Previous conditions continue for expired registration or registration
endorsement ......................................... 35
62 How division 4 applies for applying to restore registration or
registration endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Division 6--Amending, suspending, cancelling and surrendering
registrations and registration endorsements
63 Amending, suspending or cancelling registration or registration
endorsement ......................................... 36
64 Procedure for amendment, suspension or cancellation . . . . . . . . . . . . . . . . . 36
65 Effect of suspension on renewal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
66 Returning registration certificate on cancellation of registration or
registration endorsement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
67 Surrendering registration or registration endorsement . . . . . . . . . . . . . . . . . 38
Division 7--Register
68 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 8--Offences about registrations, registration endorsements and
registers
69 False or misleading information given by applicant . . . . . . . . . . . . . . . . . . . 39
70 False or misleading documents given by applicant . . . . . . . . . . . . . . . . . . . . 39
71 Offences about register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
72 Notice of change in circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
73 Claims by persons as to registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
74 Claims by persons as to other persons' registration . . . . . . . . . . . . . . . . . . . 41
75 Carrying out a cadastral survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
76 Carrying on a business providing cadastral surveying services . . . . . . . . . . 41
77 Compliance with disciplinary conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 9--Miscellaneous
78 Replacement or duplication of registration certificate. . . . . . . . . . . . . . . . . . 42
PART 4--OBLIGATIONS OF REGISTRANTS AND OTHER
PERSONS
Division 1--General
79 Notification of business name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 2--Code of practice and other matters about professional
conduct
80 Board must develop a code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
81 When code of practice has effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
82 Inspection and notification of code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
83 Use of code of practice in disciplinary proceedings . . . . . . . . . . . . . . . . . . . 44
84 Certificates etc. not to be false or misleading . . . . . . . . . . . . . . . . . . . . . . . . 44
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PART 5--COMPLAINTS AND INVESTIGATIONS ABOUT
REGISTRANTS' PROFESSIONAL CONDUCT
Division 1--Complaints and investigation
85 Complaints about registrant's professional conduct . . . . . . . . . . . . . . . . . . . 44
86 Board's power to deal with matter without investigation of the
registrant's professional conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
87 Board may authorise investigation of registrant's professional conduct . . . . 46
Division 2--Action following investigation
Subdivision 1--Investigator's report and board's decision on
investigation
88 Investigator's report about investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
89 Board's decision on investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
90 Board's notice, and implementation, of its decision on investigation . . . . . . 47
Subdivision 2--Taking disciplinary action
91 Disciplinary action by professional conduct review panel . . . . . . . . . . . . . . 47
92 Protection against self-incrimination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
93 Disciplinary action by disciplinary committee . . . . . . . . . . . . . . . . . . . . . . . 49
PART 6--SURVEYORS DISCIPLINARY COMMITTEE
Division 1--Establishment and functions of surveyors disciplinary
committee
94 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
95 When disciplinary committee ceases to exist . . . . . . . . . . . . . . . . . . . . . . . . 49
96 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 2--Membership of disciplinary committee
97 Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
98 Payment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Division 3--Proceedings of disciplinary committee
99 Notice of intention to conduct disciplinary proceedings by hearing. . . . . . . 50
100 Substituted service on registrant and complainant . . . . . . . . . . . . . . . . . . . . 51
101 Procedure for hearing by disciplinary committee . . . . . . . . . . . . . . . . . . . . . 51
102 Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
103 Evidence by telephone, video link or another form of communication . . . . 52
104 Hearing open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
105 Attendance and appearance at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
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106 Disciplinary committee may exclude complainant or witness from hearing 53
107 Disciplinary committee may exclude disruptive person from hearing . . . . . 53
108 Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
109 Disciplinary committee may proceed in absence of registrant or
may adjourn hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
110 Questions to be decided by majority of disciplinary committee members . . 54
111 Procedure if committee member unable to participate further in the
disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
112 Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
113 Disciplinary committee to keep record of proceedings. . . . . . . . . . . . . . . . . 55
Division 4--Offences about disciplinary proceedings dealt with by
disciplinary committee
114 Offences about attending hearing, answering questions and related matters 56
115 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
116 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
117 Contempt of disciplinary committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Division 5--Decision on completion of disciplinary proceedings
118 Decision about whether ground for disciplinary action is established . . . . . 58
119 Decision about disciplinary action against registrant, other than former
registrant .............................................. 58
120 Decision about disciplinary action against former registrant . . . . . . . . . . . . 59
121 Matters disciplinary committee must consider in making decision about
disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
122 Disciplinary committee's power to order costs . . . . . . . . . . . . . . . . . . . . . . . 60
Division 6--Action after decision about disciplinary action
123 Notification of disciplinary committee's decision. . . . . . . . . . . . . . . . . . . . . 61
124 Board may notify other persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 7--Effect of decision
125 Effect of disciplinary committee's decision . . . . . . . . . . . . . . . . . . . . . . . . . 62
126 Implementation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
127 Disciplinary action to be recorded in register . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 7--INVESTIGATORS
Division 1--Functions and powers generally
128 Functions of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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129 Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2--Appointment of investigators and other matters
130 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
131 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 64
132 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
133 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
134 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
135 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 3--Particular powers of investigators
Subdivision 1--Power to obtain information
136 Power to require information or attendance . . . . . . . . . . . . . . . . . . . . . . . . . 65
137 Offences. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
138 Inspection of produced things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 2--Entry of places
139 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Subdivision 3--Procedure for entry
140 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
141 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
142 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
143 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Subdivision 4--Powers after entry
144 General powers after entering places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
145 Failure to help investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
146 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 5--Power to seize evidence
147 Seizing evidence at public place if entry made when place open . . . . . . . . . 71
148 Seizing evidence at a place that may only be entered with consent or
warrant ............................................... 71
149 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
150 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
151 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
152 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
153 Dealing with forfeited things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
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154 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
155 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 4--General investigation matters
156 Investigator's obligation not to cause unnecessary damage . . . . . . . . . . . . . 74
157 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
158 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
159 False or misleading information given to investigator . . . . . . . . . . . . . . . . . 76
160 False or misleading documents given to investigator . . . . . . . . . . . . . . . . . . 76
161 Obstruction of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
162 Impersonation of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 8--APPEALS TO DISTRICT COURT
163 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
164 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
165 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
166 Stay of operation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
167 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
168 Appointment of advisors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART 9--APPEALS TO COURT OF APPEAL FROM DECISIONS
OF DISCIPLINARY COMMITTEE
169 Appealable decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
170 Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
171 Appeal on questions of law only . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
172 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
173 Appellant to give notice of appeal to particular persons . . . . . . . . . . . . . . . . 80
174 Stay of operation of appealable decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
175 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
176 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 10--LEGAL PROCEEDINGS
Division 1--Evidence
177 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
178 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
179 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
180 Evidentiary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
9
Surveyors Bill 2003
Division 2--Proceedings
181 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
182 Allegations of false or misleading information or documents . . . . . . . . . . . 84
183 Penalties to be paid to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
184 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 84
185 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 85
PART 11--MISCELLANEOUS
186 Board's power to decide fee for producing a copy of a document . . . . . . . . 86
187 Board may authorise investigation of compliance by persons, other than
registrants, with Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
188 Board's power to correct work and recover costs . . . . . . . . . . . . . . . . . . . . . 86
189 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
190 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
191 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
192 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
PART 12--TRANSITIONAL PROVISIONS
Division 1--Transitional references
193 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
194 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
195 References to president appointed under repealed Act . . . . . . . . . . . . . . . . . 89
196 References to authorised surveyors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
197 References to surveyor-general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
198 References to persons holding column 1 registrations . . . . . . . . . . . . . . . . . 90
Division 2--Other transitional provisions
199 Continuation of existing members' membership. . . . . . . . . . . . . . . . . . . . . . 90
200 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
201 Existing applications for column 1 registrations . . . . . . . . . . . . . . . . . . . . . . 92
202 Suspended registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
203 Approval of business names under repealed Act. . . . . . . . . . . . . . . . . . . . . . 92
204 Existing code of professional conduct of surveyors . . . . . . . . . . . . . . . . . . . 93
PART 13--REPEAL AND AMENDMENTS
205 Repeal of Surveyors Act 1977. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
206 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
10
Surveyors Bill 2003
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 94
DECISIONS FOR WHICH INFORMATION NOTICES MUST BE
GIVEN
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 95
CONSEQUENTIAL AND MINOR AMENDMENTS OF OTHER
ACTS
ACQUISITION OF LAND ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
BEACH PROTECTION ACT 1968 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
BUILDING UNITS AND GROUP TITLES ACT 1980 . . . . . . . . . . . . . . . . 96
COAL MINING SAFETY AND HEALTH ACT 1999. . . . . . . . . . . . . . . . . 96
DIVIDING FENCES ACT 1953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
LAND SALES ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
LAND TITLE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
MINING AND QUARRYING SAFETY AND HEALTH ACT 1999 . . . . . 99
MIXED USE DEVELOPMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . 100
QUEENSLAND INTERNATIONAL TOURIST CENTRE AGREEMENT
ACT REPEAL ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
REGISTRATION OF PLANS (H.S.P. (NOMINEES) PTY. LIMITED)
ENABLING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
REGISTRATION OF PLANS (STAGE 2) (H.S.P. (NOMINEES) PTY.
LIMITED) ENABLING ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
SOUTH BANK CORPORATION ACT 1989. . . . . . . . . . . . . . . . . . . . . . . . 101
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 102
DICTIONARY
2003
A BILL
FOR
An Act to provide for the registration of surveyors, surveying
graduates and surveying associates, and for other purposes
s1 12 s4
Surveyors Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Surveyors Act 2003. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Purposes of Act 7
(1) The purposes of this Act are-- 8
(a) to protect the public by ensuring surveys are carried out by 9
registrants in a professional and competent way; and 10
(b) to uphold the standards of practice within the profession; and 11
(c) to maintain public confidence in the profession. 12
(2) The purposes are to be achieved mainly by-- 13
(a) establishing the Surveyors Board of Queensland; and 14
(b) providing for the registration of persons under this Act; and 15
(c) imposing obligations on persons in relation to the practice of the 16
profession; and 17
(d) providing for the investigation of, and conduct of disciplinary 18
proceedings about, registrants' professional conduct; and 19
(e) providing for the monitoring and enforcement of compliance 20
with this Act. 21
4 Act binds all persons 22
(1) This Act binds all persons, including the State. 23
s5 13 s9
Surveyors Bill 2003
(2) Nothing in this Act makes the State liable to be prosecuted for an 1
offence. 2
5 Mutual recognition legislation not affected 3
This Act does not affect the operation of the Mutual Recognition 4
(Queensland) Act 1992 or the Trans-Tasman Mutual Recognition 5
(Queensland) Act 1999. 6
6 Definitions 7
The dictionary in schedule 3 defines particular words used in this Act. 8
PART 2--SURVEYORS BOARD OF QUEENSLAND 9
Division 1--Establishment, functions and powers 10
7 Establishment of board 11
(1) The Surveyors Board of Queensland is established. 12
(2) The board-- 13
(a) is a body corporate; and 14
(b) may sue and be sued in its corporate name. 15
8 Board's relationship with the State 16
The board does not represent the State. 17
9 Functions of board 18
The board has the following functions-- 19
(a) to establish competency frameworks for qualifying persons for 20
registration and registration endorsements; 21
(b) to accredit entities for assessing the competency of persons under 22
the competency frameworks; 23
s 10 14 s 11
Surveyors Bill 2003
(c) to assess applicants for registration and registration 1
endorsements; 2
(d) to register persons and issue registration certificates; 3
(e) to keep a register of registrants; 4
(f) to monitor registrants' compliance with disciplinary conditions 5
of registration; 6
(g) to authorise investigations, whether because of a complaint or on 7
its own initiative, of registrants' professional conduct; 8
(h) to take disciplinary proceedings against registrants; 9
(i) to refer disciplinary matters, for hearing, to professional conduct 10
review panels and surveyors disciplinary committees; 11
(j) to provide administrative services for surveyors disciplinary 12
committees; 13
(k) to perform other functions given to the board under this or 14
another Act. 15
10 Board's independence etc. 16
In performing its functions, the board must act independently, 17
impartially and in the public interest. 18
11 Powers of board 19
(1) The board has all the powers of an individual and may, for example, 20
do all or any of the following-- 21
(a) enter into contracts; 22
(b) acquire, hold, dispose of, and deal with, property; 23
(c) appoint agents and attorneys; 24
(d) engage consultants; 25
(e) fix fees and charges, and other terms, for services and other 26
facilities it supplies; 27
(f) do anything else necessary or convenient to be done for, or in 28
connection with, its functions. 29
(2) Without limiting subsection (1), the board has the powers given to it 30
under this or another Act. 31
s 12 15 s 14
Surveyors Bill 2003
Division 2--Membership 1
12 Membership of board 2
(1) Subject to section 199,1 the board consists of 8 individuals of whom 3
at least-- 4
(a) 6 must be surveyors, comprised as follows-- 5
(i) 3 cadastral surveyors; 6
(ii) 1 surveyor directly involved in teaching surveying; 7
(iii) 1 other cadastral surveyor employed in the department; 8
(iv) 1 other surveyor; and 9
(b) 2 others must represent the interests of the community generally 10
in the conduct and practice of the profession. 11
(2) The members must be appointed by the Governor in Council. 12
(3) A surveyor may be appointed as a member only if the surveyor has 13
been registered as a surveyor for an aggregate of at least 5 years, including 14
any registration as a surveyor under the repealed Act. 15
(4) A person may hold office as a member in conjunction with a public 16
service office. 17
13 Nominations for appointment to board 18
(1) Before an appointment is made to the board under section 12, the 19
Minister must, by written notice, ask the entities the Minister considers 20
appropriate to nominate a number of individuals who are eligible, under the 21
section, for the appointment. 22
(2) The Governor in Council may, but is not required to, make the 23
appointment from the nominees. 24
14 Chairperson of board 25
(1) The Governor in Council must appoint a member who is a cadastral 26
surveyor to be the chairperson of the board. 27
1 Section 199 (Continuation of existing members' membership)
s 15 16 s 16
Surveyors Bill 2003
(2) A person may be appointed as the chairperson at the same time the 1
person is appointed as a member. 2
(3) The chairperson's term of office ends when the person's term of 3
office as a member ends. 4
(4) A vacancy occurs in the office of chairperson if the person holding 5
the office-- 6
(a) resigns the office by signed notice of resignation given to the 7
Minister; or 8
(b) stops being a cadastral surveyor. 9
(5) However, a person resigning the office of chairperson may continue 10
to be a member. 11
(6) If otherwise qualified, the chairperson is eligible for reappointment. 12
15 Term of appointment 13
(1) For the first composition of the board, 4 members are appointed for 14
the term of 2 years, and 4 members are appointed for the term of 1 year, 15
starting on the day stated in the member's instrument of appointment. 16
(2) For a subsequent half-board appointment, each member is appointed 17
for the term of 2 years starting on the day stated in the member's 18
instrument of appointment. 19
(3) Despite subsections (1) and (2), a member continues holding office 20
after the member's term of office ends until the member's successor is 21
appointed. 22
(4) In this section-- 23
"half-board appointment" means an annual appointment of the number 24
of surveyors needed to fill the vacancies on the board created by the 25
expiry of offices of board members under subsection (1). 26
16 Disqualification from membership 27
(1) A person can not become, or continue as, a member if the person-- 28
(a) is an insolvent under administration within the meaning of the 29
Corporations Act; or 30
s 17 17 s 18
Surveyors Bill 2003
(b) is, or has been, convicted of an indictable offence (including an 1
indictable offence dealt with summarily) or an offence against 2
this Act and the conviction is not a spent conviction. 3
(2) In this section-- 4
"spent conviction" means a conviction-- 5
(a) for which the rehabilitation period under the Criminal Law 6
(Rehabilitation of Offenders) Act 1986 has expired under that 7
Act; and 8
(b) that is not revived as prescribed by section 11 of that Act. 9
17 Investigations about eligibility for appointment 10
(1) The chief executive may make investigations about a person included 11
in the panel of nominees to decide whether the person is eligible for 12
appointment to the board. 13
(2) Without limiting subsection (1), the chief executive may ask the 14
commissioner of the police service for a written report about the criminal 15
history of the person. 16
(3) The commissioner must give the report to the chief executive. 17
(4) However, the report is required to contain only criminal history in the 18
commissioner's possession or to which the commissioner has access. 19
18 Criminal history is confidential document 20
(1) An officer, employee or agent of the department must not, directly or 21
indirectly, disclose to anyone else a report, or information contained in a 22
report, given under section 17. 23
Maximum penalty for subsection (1)--100 penalty units. 24
(2) However, the officer, employee or agent does not contravene 25
subsection (1) if-- 26
(a) disclosure of the report or information to someone else is 27
authorised by the chief executive to the extent necessary to 28
perform a function under or in relation to this Act; or 29
(b) the disclosure is otherwise required or permitted by law. 30
(3) The chief executive must destroy the report as soon as practicable 31
after considering the person's eligibility for appointment to the board. 32
s 19 18 s 21
Surveyors Bill 2003
19 Vacation of office 1
(1) A member is taken to have vacated office if the member-- 2
(a) dies; or 3
(b) resigns his or her office on the board by signed notice of 4
resignation given to the Minister; or 5
(c) can not continue as a member under section 16; or 6
(d) is absent without the board's permission, or the Minister's 7
approval given under section 22(1), from 3 consecutive ordinary 8
meetings of the board of which proper notice has been given; or 9
(e) was appointed because the member was a surveyor and the 10
member stops being a surveyor; or 11
(f) was appointed because the member was a cadastral surveyor and 12
the member stops being a cadastral surveyor, resulting in fewer 13
than 3 cadastral surveyors being included in the board's 14
membership. 15
(2) In this section-- 16
"meeting", of the board, means the following-- 17
(a) if the member does not attend--a meeting with a quorum 18
present; 19
(b) if the member attends--a meeting with or without a quorum 20
present. 21
20 When notice of resignation takes effect 22
A notice of resignation mentioned in section 14(4)(a) or 19(1)(b) takes 23
effect when the notice is received by the Minister or, if a later time is stated 24
in the notice, the later time. 25
21 Casual vacancy in member's office 26
(1) If a vacancy occurs in the office of a member (the "vacating 27
member") during the currency of the member's term of appointment, 28
another person (the "new member") must be appointed by the Minister to 29
fill the vacancy. 30
(2) The new member's appointment continues for the remainder of the 31
vacating member's term of appointment. 32
s 22 19 s 23
Surveyors Bill 2003
(3) The new member must be-- 1
(a) a member of the same type as the vacating member if, under 2
section 12(1), the vacating member was required to be a 3
particular type of member; and 4
(b) eligible under section 12(3) for the appointment if, under 5
section 12(1), the vacating member was required to be a 6
surveyor. 7
(4) In this section-- 8
"type", of member, means a member who is-- 9
(a) a cadastral surveyor; or 10
(b) directly involved in teaching surveying; or 11
(c) a cadastral surveyor and an employee of the department; or 12
(d) a surveyor not mentioned in paragraphs (a) to (c); or 13
(e) a representative of the interests of the community generally in the 14
conduct and practice of the profession. 15
22 Leave of absence for a member 16
(1) The Minister may approve a leave of absence for a member of more 17
than 3 months. 18
(2) The Minister may appoint another person to act in the office of the 19
member while the member is absent on the approved leave. 20
(3) The person appointed must be-- 21
(a) a cadastral surveyor if, under section 12(1), the absent member 22
was required to be a cadastral surveyor; and 23
(b) eligible under section 12(3) for the appointment if, under 24
section 12(1) the absent member was required to be a surveyor. 25
23 Effect of vacancy or irregularity in membership of board 26
Despite section 12, the performance of a function or exercise of a power 27
by the board is not affected merely because of a vacancy or irregularity in 28
the membership of the board. 29
s 24 20 s 29
Surveyors Bill 2003
24 Remuneration and other entitlements of members 1
(1) A member is entitled to be paid the fees and allowances decided by 2
the Governor in Council. 3
(2) A member is also entitled to be reimbursed the reasonable amounts, 4
approved by the board, for the member's out of pocket expenses 5
necessarily incurred in performing the member's duties for the board. 6
Division 3--Board business 7
25 Conduct of business 8
Subject to this division, the board may conduct its business, including its 9
meetings, in the way it considers appropriate. 10
26 Times and places of meetings 11
(1) Board meetings must be held at the times and places the chairperson 12
decides. 13
(2) However, the chairperson must call a meeting if asked, in writing, to 14
do so by the Minister or at least 2 members. 15
27 Quorum 16
A quorum for the board is 4 members. 17
28 Presiding at meetings 18
(1) The chairperson must preside at all meetings of the board at which 19
the chairperson is present. 20
(2) If the chairperson is absent from a board meeting or the office is 21
vacant, a member chosen by the members present must preside. 22
29 Conduct of meetings 23
(1) A question at a board meeting is decided by a majority of the votes of 24
the members present. 25
s 30 21 s 30
Surveyors Bill 2003
(2) Each member present at the meeting has a vote on each question to 1
be decided and, if the votes are equal, the member presiding also has a 2
casting vote. 3
(3) The board may hold meetings, or allow members to take part in its 4
meetings, by using any technology allowing reasonably contemporaneous 5
and continuous communication between the members taking part in the 6
meeting. 7
8
Example of technology allowing reasonably contemporaneous and continuous
9
communication--
10
Teleconferencing.
(4) A member who takes part in a board meeting under subsection (3) is 11
taken to be present at the meeting. 12
(5) A resolution is validly made by the board, even if it is not passed at a 13
board meeting, if-- 14
(a) a majority of the members gives written agreement to the 15
resolution; and 16
(b) notice of the resolution is given under procedures approved by 17
the board. 18
30 Minutes 19
(1) The board must keep-- 20
(a) minutes of its meetings; and 21
(b) a record of any resolutions made under section 29(5). 22
(2) The board must record in the minutes of an ordinary meeting, the 23
names of the members who attended the meeting. 24
(3) The board must record a member's vote in the minutes of a meeting 25
if-- 26
(a) a resolution is passed at the meeting by a majority of the 27
members present; and 28
(b) the member asks that the vote be recorded. 29
s 31 22 s 31
Surveyors Bill 2003
Division 4--Disclosure of interests by members 1
31 Disclosure of interests 2
(1) This section applies to a member if-- 3
(a) the member has a direct or indirect interest in an issue being 4
considered, or about to be considered, by the board; and 5
(b) the interest could conflict with the proper performance of the 6
member's duties about the consideration of the issue. 7
(2) As soon as practicable after the relevant facts come to the member's 8
knowledge, the member must disclose the nature of the interest to a board 9
meeting. 10
(3) Unless the board otherwise directs, the member must not-- 11
(a) be present when the board considers the issue; or 12
(b) take part in a decision of the board about the issue. 13
(4) The member must not be present when the board is considering 14
whether to give a direction under subsection (3). 15
(5) If there is another person who must, under subsection (2), also 16
disclose an interest in the issue, the other person must not-- 17
(a) be present when the board is considering whether to give a 18
direction under subsection (3) about the member; or 19
(b) take part in making the decision about giving the direction. 20
(6) Subsection (7) applies if-- 21
(a) because of this section, a member is not present at a board 22
meeting for considering or deciding an issue, or for considering 23
or deciding whether to give a direction under subsection (3); and 24
(b) there would be a quorum if the member were present. 25
(7) The remaining members present are a quorum of the board for 26
considering or deciding the issue, or for considering or deciding whether to 27
give the direction, at the meeting. 28
(8) A disclosure under subsection (2) must be recorded in the board's 29
minutes. 30
(9) A member does not have a direct or indirect interest in an issue if the 31
interest arises merely because the person is a surveyor. 32
s 32 23 s 33
Surveyors Bill 2003
Division 5--Directions by Minister 1
32 Minister's power to give directions in the public interest 2
(1) The Minister may give the board a written direction about a matter 3
relevant to the performance of its functions under this Act if the Minister is 4
satisfied it is necessary, in the public interest, to give the direction. 5
(2) Without limiting subsection (1), the direction may be-- 6
(a) to give reports and information; or 7
(b) to apply to the board a policy, standard or other instrument 8
applying to a public sector unit. 9
(3) The direction can not be about any of the following-- 10
(a) registering, or refusing to register, an applicant; 11
(b) endorsing, or refusing to endorse, a registration certificate; 12
(c) renewing, or refusing to renew, a registration or registration 13
endorsement; 14
(d) imposing conditions on, or removing disciplinary conditions of, 15
a registration; 16
(e) otherwise amending, or suspending or cancelling a registration. 17
(4) Despite section 10,2 the board must comply with the direction. 18
Division 6--Annual report 19
33 Matters to be included in annual report 20
(1) The board's annual report under the Financial Administration and 21
Audit Act 1977 for a financial year must include-- 22
(a) copies of all ministerial directions given to the board under 23
section 32 during the financial year; and 24
(b) the number of registrants at the end of the financial year. 25
2 Section 10 (Board's independence etc.)
s 34 24 s 36
Surveyors Bill 2003
(2) However, the board must exclude from the copies mentioned in 1
subsection (1)(a) all information likely to identify a person mentioned in 2
the direction. 3
Division 7--Other provisions about the board 4
34 Board is a statutory body under the Financial Administration and 5
Audit Act 1977 6
The board is a statutory body under the Financial Administration and 7
Audit Act 1977. 8
35 Board is a statutory body under the Statutory Bodies Financial 9
Arrangements Act 1982 10
(1) The board is a statutory body under the Statutory Bodies Financial 11
Arrangements Act 1982. 12
(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B3 13
sets out the way in which the board's powers under this Act are affected by 14
the Statutory Bodies Financial Arrangements Act 1982. 15
PART 3--REGISTRATION AND REGISTRATION 16
ENDORSEMENTS 17
Division 1--Eligibility 18
36 Eligibility for registration or registration endorsement-- 19
individuals 20
(1) An individual may be registered as 1 of the following-- 21
(a) a surveyor, with or without 1 or more registration endorsements; 22
(b) a surveying graduate; 23
3 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
s 37 25 s 37
Surveyors Bill 2003
(c) a surveying associate; 1
(d) an emeritus surveyor. 2
(2) An individual is eligible for a registration mentioned in 3
subsection(1)(a) to (c) if-- 4
(a) the individual-- 5
(i) has, within 1 year before applying for the registration, been 6
assessed under this Act or a corresponding law as having the 7
relevant competency; or 8
(ii) under a corresponding law, holds a registration equivalent to 9
the registration sought; and 10
(b) the board is satisfied the individual is a suitable person to hold 11
the registration or registration endorsement; and 12
(c) for a registration with a registration endorsement as a consulting 13
surveyor, the individual-- 14
(i) has, within 1 year before applying for the registration, been 15
assessed under this Act as having the relevant competency; 16
and 17
(ii) intends to carry on, or hold himself or herself out as 18
carrying on, a business providing surveying services; and 19
(iii) takes out and maintains the insurance cover prescribed 20
under a regulation. 21
(3) An individual may be registered as an emeritus surveyor if the 22
individual-- 23
(a) has been, but is no longer, registered as a surveyor under this Act 24
or a corresponding law; and 25
(b) is a suitable person to be registered as an emeritis surveyor; and 26
(c) otherwise meets the criteria prescribed under a regulation. 27
37 Suitability of individual for registration or registration 28
endorsement 29
In deciding whether an individual is a suitable person for 30
section 36(2)(b) or (3)(b), the board must consider all relevant matters 31
including the individual's reputation, having regard to character, honesty 32
and integrity. 33
s 38 26 s 39
Surveyors Bill 2003
38 Eligibility for registration and registration endorsement-- 1
corporations 2
(1) A corporation may be registered as a surveyor with a registration 3
endorsement as a consulting surveyor, with or without any other 4
registration endorsements. 5
(2) A corporation is eligible for registration if the corporation-- 6
(a) is incorporated in Australia; and 7
(b) has, within 1 year before applying for the registration, been 8
assessed under this Act as having the relevant competency; and 9
(c) intends to carry on, or hold itself out as carrying on, a business 10
providing surveying services; and 11
(d) takes out and maintains the insurance cover prescribed under a 12
regulation; and 13
(e) complies with subsection (3). 14
(3) The corporation must employ-- 15
(a) if the corporation intends to conduct, or holds itself out as 16
conducting, cadastral surveys--a surveyor who holds a 17
registration endorsement for cadastral surveys; or 18
(b) if paragraph (a) does not apply--a surveyor. 19
Division 2--Competency assessment 20
Subdivision 1--Competency frameworks 21
39 Establishing competency frameworks 22
(1) The board must establish the competency frameworks appropriate for 23
the qualifications, skills, knowledge and experience needed for-- 24
(a) registration as a surveyor, surveying graduate or surveying 25
associate; or 26
(b) a registration endorsement. 27
(2) In establishing a competency framework, the board must consult with 28
the entities considered by the board as having appropriate knowledge and 29
experience in the relevant type of surveying. 30
s 40 27 s 42
Surveyors Bill 2003
(3) A competency framework is a statutory instrument, but is not 1
subordinate legislation. 2
(4) A competency framework has effect when it is published as required 3
under section 40(a). 4
40 Publishing competency frameworks 5
The board must-- 6
(a) publish the competency frameworks on the board's web site on 7
the Internet;4 and 8
(b) keep a copy of each competency framework and any document 9
applied, adopted or incorporated by the framework available for 10
inspection without charge, during normal business hours at the 11
board's office;5 and 12
(c) if asked by a person and on payment of any fee decided by the 13
board, give the person a copy of a competency framework. 14
Subdivision 2--Accredited entities 15
41 Accreditation of entities for assessing competency 16
(1) The board may enter into a written agreement with an entity for 17
accreditation of the entity for assessing the competency of persons. 18
(2) The matters covered by the agreement may include amounts payable 19
by the board to the entity for the assessment. 20
42 Record of accredited entities 21
(1) The board must keep a record stating each of the following-- 22
(a) the name of each accredited entity; 23
(b) the contact details for the entity; 24
(c) the type of competency for which the entity is accredited. 25
4 The board's web site on the Internet is http://www.qld-som.com.au.
5 The board's office is at Unit 13, Sedgebrook on Leichhardt, 83 Leichhardt Street,
Spring Hill.
s 43 28 s 45
Surveyors Bill 2003
(2) The board must-- 1
(a) keep the record available for inspection, without charge, during 2
normal business hours at the board's office; and 3
(b) if asked by a person and on payment of any fee decided by the 4
board, give the person a copy of all or part of the record. 5
Subdivision 3--Assessing competency 6
43 Who may assess competency 7
(1) The board, or an accredited entity, (the "assessing entity") may 8
assess a person's competency. 9
(2) The assessing entity-- 10
(a) may decide the procedure to be used by the entity for the 11
assessment; and 12
(b) must ensure details of the procedure are readily available to any 13
person. 14
(3) The assessing entity must, if asked by a person, give details of the 15
procedure to the person. 16
44 Application for competency assessment 17
(1) A person may apply to the board, or an accredited entity, for 18
assessment of the person's competency. 19
(2) The application must be made in the way, and be accompanied by the 20
assessment fee, prescribed under a regulation. 21
Division 3--Applications for registration and registration endorsement 22
45 Procedural requirements for application 23
(1) An application for registration or a registration endorsement must 24
be-- 25
(a) made to the board; and 26
(b) in the approved form; and 27
s 46 29 s 46
Surveyors Bill 2003
(c) accompanied by-- 1
(i) the application fee prescribed under a regulation; and 2
(ii) the registration fee prescribed under a regulation; and 3
(iii) any documents, identified in the approved form, the board 4
reasonably requires for deciding the application. 5
(2) An application, other than an application for registration of a 6
corporation or as an emeritus surveyor, must also be accompanied by-- 7
(a) satisfactory evidence of the applicant's relevant competency; and 8
(b) for an applicant who is registered under a corresponding 9
law--details of any conditions of the registration. 10
(3) In addition, an application by an individual for a registration 11
endorsement as a consulting surveyor must also be accompanied by 12
satisfactory evidence that the applicant-- 13
(a) intends to carry on, or hold himself or herself out as carrying on, 14
a business providing surveying services; and 15
(b) has taken out and maintains the insurance cover prescribed under 16
a regulation. 17
(4) Information in an application must, if the approved form requires, be 18
verified by a statutory declaration. 19
(5) The approved form must provide for the applicant to indicate 20
whether, if the application is granted, the applicant consents to the 21
applicant's address being included in the publicly available part of a 22
register. 23
46 Additional requirements for application by corporation 24
(1) An application for registration of a corporation must also be 25
accompanied by satisfactory evidence that the corporation-- 26
(a) is incorporated in Australia; and 27
(b) intends to carry on, or hold itself out as carrying on, a business 28
providing surveying services; and 29
(c) employs a surveyor who holds a registration endorsement for the 30
type of survey to be conducted, or held out by the corporation as 31
conducted, by the corporation; and 32
s 47 30 s 49
Surveyors Bill 2003
(d) has taken out and maintains the insurance cover prescribed under 1
a regulation. 2
(2) An application for a registration endorsement, other than an 3
endorsement as a consulting surveyor, for a corporation must also be 4
accompanied by satisfactory evidence that a surveyor employed by the 5
corporation holds the registration endorsement. 6
47 Additional requirements for application for registration as an 7
emeritus surveyor 8
An application for registration as an emeritus surveyor must also be 9
accompanied by-- 10
(a) satisfactory evidence of the applicant's previous registration as a 11
surveyor, including the period for which the applicant was 12
registered; and 13
(b) any other documents, identified in the approved form, the board 14
reasonably requires for deciding the application. 15
48 Board's powers before deciding application 16
(1) Before deciding an application, the board may, by written notice 17
given to the applicant, ask the applicant for any further information or 18
document the board reasonably requires to decide the application. 19
(2) The notice must state a reasonable period of at least 10 business days 20
after it is given (the "stated period") within which the information or 21
document must be given. 22
(3) The board may require the information or document to be verified by 23
a statutory declaration. 24
(4) The applicant is taken to have withdrawn the application if the 25
applicant does not comply with the requirement within the stated period. 26
(5) A notice under subsection (1) must be given to the applicant within 27
10 business days after the board receives the application. 28
49 Deciding application 29
(1) The board must consider the application and decide to grant, or 30
refuse to grant, the application. 31
s 50 31 s 52
Surveyors Bill 2003
(2) However, the board may grant the application only if the board is 1
satisfied the applicant is eligible under division 1 for the registration or 2
registration endorsement for which the application is made. 3
50 Steps to be taken after application decided 4
(1) If the board decides to grant the application, it must, as soon as 5
practicable after making the decision, issue a registration certificate to the 6
applicant. 7
(2) If the board decides to refuse to grant the application, it must as soon 8
as practicable after making the decision-- 9
(a) give the applicant an information notice about the decision; and 10
(b) refund the registration fee paid by the applicant. 11
51 Term of registration or registration endorsement 12
(1) A registration or registration endorsement is given for the term of not 13
longer than 12 months-- 14
(a) starting on the day, stated in the registration certificate, on which 15
the certificate is issued; and 16
(b) written notice of which is given to the registrant when the 17
certificate is issued. 18
(2) A registration endorsement can not be given for a term longer than 19
the term of the registration to which it relates. 20
(3) At the end of the term of the registration, the registration and any 21
current registration endorsement on it expires. 22
(4) However, if an application for renewal of the registration is made 23
before the term of the registration expires, the registration and any current 24
registration endorsement on it is taken to continue until the application is 25
decided. 26
52 Registration certificate 27
(1) A registration certificate must-- 28
(a) be in the approved form; and 29
(b) state-- 30
s 53 32 s 54
Surveyors Bill 2003
(i) for registration of an individual--the registrant's name; or 1
(ii) for registration of a corporation--the corporation's name 2
and ACN. 3
(2) The certificate must also state the day on which it is issued. 4
53 Failure to decide application 5
(1) The board is taken to have decided to refuse to grant an application 6
if-- 7
(a) unless paragraph (b) applies, the board fails to decide the 8
application within 40 business days after receiving it; or 9
(b) the board-- 10
(i) under section 48, required the applicant to give the board 11
further information or a document; and 12
(ii) fails to decide the application within 40 business days after 13
receiving the information or document. 14
(2) As soon as practicable after it is taken to have made the decision, the 15
board must refund the registration fee paid by the applicant. 16
Division 4--Renewing registration and registration endorsement 17
54 Application for renewal 18
(1) A registrant may renew his or her registration or registration 19
endorsement. 20
(2) An application for the renewal must be-- 21
(a) made to the board before the registration or registration 22
endorsement expires; and 23
(b) in the approved form; and 24
(c) accompanied by-- 25
(i) satisfactory evidence of the applicant's relevant 26
competency; and 27
(ii) the registration fee prescribed under a regulation. 28
s 55 33 s 57
Surveyors Bill 2003
(3) If the application is made later than 1 month before the registration 1
expires, the application must also be accompanied by the fee, prescribed 2
under a regulation, for the late application. 3
55 Board's powers before deciding application 4
(1) Before deciding the application, the board may, by written notice 5
given to the applicant, ask the applicant for any further information or 6
document the board reasonably requires to decide the application. 7
(2) The notice must state a reasonable period of at least 10 business days 8
after it is given (the "stated period") within which the information or 9
document must be given. 10
(3) The board may require the information or document to be verified by 11
a statutory declaration. 12
(4) The applicant is taken to have withdrawn the application if the 13
applicant does not comply with the requirement within the stated period. 14
(5) A notice under subsection (1) must be given to the applicant within 15
10 business days after the board receives the application. 16
(6) The board may also ask the chief executive for statistical information 17
held by the chief executive about the quality of surveys carried out by the 18
registrant to help the board decide the continued suitability of the applicant 19
for the registration or registration endorsement. 20
(7) The chief executive must comply with a request under subsection (6). 21
56 Deciding application 22
(1) The board must consider the application and decide to grant, or 23
refuse to grant, the application. 24
(2) However, the board may grant the application only if the board is 25
satisfied the applicant is eligible under division 1 for the registration or 26
registration endorsement for which the application is made. 27
57 Steps to be taken after application decided 28
(1) If the board decides to grant the application, it must, as soon as 29
practicable after making the decision, give the applicant a written notice 30
stating-- 31
s 58 34 s 59
Surveyors Bill 2003
(a) the board's decision; and 1
(b) the term for which the registration or registration endorsement is 2
renewed. 3
(2) If the board decides to refuse to grant the application, it must as soon 4
as practicable after making the decision-- 5
(a) give the applicant an information notice about the decision; and 6
(b) refund the registration fee paid by the applicant. 7
58 Failure to decide application 8
(1) The board is taken to have decided to refuse to grant the application 9
if-- 10
(a) unless paragraph (b) applies, the board fails to decide the 11
application within 40 business days after receiving it; or 12
(b) the board-- 13
(i) under section 55, required the applicant to give the board 14
further information or a document; and 15
(ii) fails to decide the application within 40 business days after 16
receiving the information or document. 17
(2) As soon as practicable after it is taken to have made the decision, the 18
board must refund the registration fee paid by the applicant. 19
Division 5--Restoring expired registrations and registration 20
endorsements 21
59 When application to restore registration or registration 22
endorsement may be made 23
(1) If a person's registration or registration endorsement has expired, the 24
person may, within 3 months after the expiry, apply to the board for 25
restoration of the registration or registration endorsement. 26
(2) Despite subsection (1), the board may accept an application for 27
restoration of a registration or registration endorsement made more than 28
3 months after the expiry if the board is satisfied it would be reasonable in 29
all the circumstances to accept the application. 30
s 60 35 s 62
Surveyors Bill 2003
60 Procedural requirements for applications to restore registration 1
or registration endorsement 2
(1) The application must-- 3
(a) be in the approved form; and 4
(b) be accompanied by-- 5
(i) the fee prescribed under a regulation; and 6
(ii) any documents, identified in the approved form, the board 7
reasonably requires to decide the application. 8
(2) Information in the application must, if the approved form requires, be 9
verified by a statutory declaration. 10
61 Previous conditions continue for expired registration or 11
registration endorsement 12
If the board decides to restore the applicant's registration or registration 13
endorsement, it is subject to the conditions attaching to it immediately 14
before its expiry. 15
62 How division 4 applies for applying to restore registration or 16
registration endorsement 17
For restoring a registration or registration endorsement, division 4, other 18
than section 54(2)(a), applies as if-- 19
(a) an application for renewal of a registration or registration 20
endorsement were an application for restoration of a registration 21
or registration endorsement; and 22
(b) an applicant for renewal of a registration or registration 23
endorsement were an applicant for restoration of a registration or 24
registration endorsement; and 25
(c) a renewal of a registration or registration endorsement were a 26
restoration of a registration or registration endorsement. 27
s 63 36 s 64
Surveyors Bill 2003
Division 6--Amending, suspending, cancelling and surrendering 1
registrations and registration endorsements 2
63 Amending, suspending or cancelling registration or registration 3
endorsement 4
(1) The board may amend, suspend or cancel a registration or 5
registration endorsement if-- 6
(a) the board reasonably believes-- 7
(i) the registration or registration endorsement was obtained 8
because of incorrect or misleading information; or 9
(ii) the registrant has contravened a disciplinary condition of 10
registration; or 11
(iii) the registrant is no longer eligible for the registration; or 12
(b) the registrant is convicted of an offence against this Act. 13
(2) Also-- 14
(a) if the registrant's equivalent registration under a corresponding 15
law is suspended, the board may amend or suspend the 16
registrant's registration or registration endorsement; or 17
(b) if the registrant's equivalent registration under a corresponding 18
law is cancelled, the board may amend, suspend or cancel the 19
registrant's registration or registration endorsement; or 20
(c) if the registrant fails to pay an amount that is payable by the 21
registrant to the board under section 91(5) or 119(3),6 the board 22
may suspend the registrant's registration or registration 23
endorsement until the amount is paid. 24
(3) In addition, the board may amend a registration or registration 25
endorsement at the request of the registrant. 26
64 Procedure for amendment, suspension or cancellation 27
(1) If the board reasonably believes it is necessary or desirable to amend, 28
suspend or cancel a registration or registration endorsement (the 29
6 Section 91 (Disciplinary action by professional conduct review panel)
or 119 (Decision about disciplinary action against registrant, other than former
registrant)
s 64 37 s 64
Surveyors Bill 2003
"proposed action"), other than at the request of the registrant, the board 1
must give the registrant a written notice that states each of the following-- 2
(a) the proposed action; and 3
(b) the ground for the proposed action; and 4
(c) an outline of the facts and circumstances forming the basis for 5
the ground; and 6
(d) if the proposed action is amendment of the registration or 7
registration endorsement--the proposed amendment; and 8
(e) if the proposed action is suspension of the registration or 9
registration endorsement--the proposed suspension period; and 10
(f) an invitation to show, within a stated period of at least 11
20 business days, why the proposed action should not be taken. 12
(2) If, after considering all written representations made within the stated 13
period, the board still considers the ground to take the proposed action 14
exists, the board may-- 15
(a) if the proposed action was to amend the registration or 16
registration endorsement--amend it in the way stated in the 17
notice; or 18
(b) if the proposed action was to suspend the registration or 19
registration endorsement for a specified period--suspend it for 20
not longer than the proposed suspension period; or 21
(c) if the proposed action was to cancel the registration or 22
registration endorsement--either cancel it or suspend it for a 23
period. 24
(3) The board must inform the registrant of the decision by written 25
notice. 26
(4) If the board decides to amend, suspend or cancel the registration or 27
registration endorsement, the notice must be an information notice. 28
(5) A decision to amend, suspend or cancel the registration takes effect 29
on the later of-- 30
(a) the day when the information notice is given to the registrant; or 31
(b) the day of effect stated in the information notice. 32
(6) The effect of an amendment does not depend on the amendment 33
being noted on the registration certificate. 34
s 65 38 s 68
Surveyors Bill 2003
65 Effect of suspension on renewal 1
If a registration or registration endorsement is suspended, it may be 2
renewed but continues to be suspended until the end of the suspension 3
period. 4
66 Returning registration certificate on cancellation of registration 5
or registration endorsement 6
If the board cancels a person's registration or registration endorsement, 7
the person must, within 10 business days after receiving an information 8
notice about the cancellation, return the person's registration certificate to 9
the board, unless the person has a reasonable excuse. 10
Maximum penalty--20 penalty units. 11
67 Surrendering registration or registration endorsement 12
A registrant may surrender the person's registration or registration 13
endorsement by returning the registration certificate and giving written 14
notice of surrender to the board. 15
Division 7--Register 16
68 Register 17
(1) The board must keep a register for surveyors, surveying graduates, 18
surveying associates and emeritus surveyors. 19
(2) A register may be kept in the way the board considers appropriate, 20
including, for example, in an electronic form. 21
(3) A register must contain the particulars prescribed under a regulation 22
and may include other particulars decided by the board. 23
(4) A person may-- 24
(a) free of charge, inspect the information contained in the publicly 25
available part of a register at the board's office7 during normal 26
business hours; and 27
7 The board's office is at Unit 13, Sedgebrook on Leichhardt, 83 Leichhardt Street,
Spring Hill.
s 69 39 s 71
Surveyors Bill 2003
(b) on payment of any fee decided by the board, obtain a copy of the 1
information from the board. 2
(5) A registrant's address may be contained in the publicly available part 3
of a register only with the registrant's written consent. 4
(6) The board may publish details contained in the publicly available 5
part of a register at the times and in the way decided by the board. 6
Division 8--Offences about registrations, registration endorsements and 7
registers 8
69 False or misleading information given by applicant 9
A person, in making an application for registration or a registration 10
endorsement, must not state anything to the board that the person knows is 11
false or misleading in a material particular. 12
Maximum penalty--50 penalty units. 13
70 False or misleading documents given by applicant 14
(1) A person, in making an application for registration or a registration 15
endorsement, must not give the board a document containing information 16
the person knows is false or misleading in a material particular. 17
Maximum penalty--50 penalty units. 18
(2) Subsection (1) does not apply to a person who, when giving the 19
document-- 20
(a) informs the board, to the best of the person's ability, how it is 21
false or misleading; and 22
(b) gives the correct information to the board if the person has, or 23
can reasonably obtain, the correct information. 24
71 Offences about register 25
A person must not, without a reasonable excuse-- 26
(a) make, cause to be made, or agree to the making of, a false or 27
misleading entry in a register; or 28
s 72 40 s 73
Surveyors Bill 2003
(b) produce or tender in evidence a document falsely purporting to 1
be-- 2
(i) a document, or a copy of an extract from an document, 3
given to the board under this part; or 4
(ii) a copy of, or extract from, an entry in a register. 5
Maximum penalty--50 penalty units. 6
72 Notice of change in circumstances 7
(1) Within 20 business days after a change in a registrant's circumstances 8
prescribed under a regulation, the registrant must give the board written 9
particulars of the change. 10
Maximum penalty--20 penalty units. 11
(2) In this section-- 12
"change", in a registrant's circumstances-- 13
(a) means a change affecting the registrant's registration or details 14
contained in the relevant register; but 15
(b) does not include a change in the business name under which the 16
registrant carries on a business providing surveying services. 17
73 Claims by persons as to registration 18
(1) A person who is not a registrant must not claim to hold, or hold 19
himself or herself out as holding, a registration or registration endorsement. 20
Maximum penalty--100 penalty units. 21
(2) A registrant must not falsely claim to hold-- 22
(a) a registration or registration endorsement; or 23
(b) if disciplinary conditions have been imposed on the registrant's 24
registration, a registration without the conditions. 25
Maximum penalty--100 penalty units. 26
(3) A person does not contravene subsection (1) or (2) merely because 27
the person carries out a survey. 28
s 74 41 s 77
Surveyors Bill 2003
74 Claims by persons as to other persons' registration 1
A person must not hold out another person as holding a registration or 2
registration endorsement if the person knows, or ought reasonably to know, 3
the other person does not hold the registration or registration endorsement. 4
Maximum penalty--100 penalty units. 5
6
Example--
7
A person carrying on a business providing surveying services must not hold out that an
8
employee of the person is registered if the person knows the employee is not registered.
75 Carrying out a cadastral survey 9
(1) A person must not carry out a cadastral survey unless the person is-- 10
(a) a cadastral surveyor; or 11
(b) a surveyor, surveying graduate or surveying associate carrying 12
out the survey under the personal supervision of a cadastral 13
surveyor who, expressly or impliedly, accepts responsibility for 14
the survey's survey quality. 15
Maximum penalty--100 penalty units. 16
(2) A person must not charge a fee for carrying out a cadastral survey 17
unless the person is a consulting cadastral surveyor. 18
Maximum penalty--50 penalty units. 19
76 Carrying on a business providing cadastral surveying services 20
A person must not carry on a business providing cadastral surveying 21
services unless the person is a consulting cadastral surveyor. 22
Maximum penalty--50 penalty units. 23
77 Compliance with disciplinary conditions 24
A registrant must comply with any disciplinary conditions of the 25
registrant's registration. 26
Maximum penalty--50 penalty units. 27
s 78 42 s 79
Surveyors Bill 2003
Division 9--Miscellaneous 1
78 Replacement or duplication of registration certificate 2
(1) A registrant may apply to the board for a replacement or duplicate 3
registration certificate. 4
(2) The application must be-- 5
(a) made in the approved form; and 6
(b) accompanied by the fee prescribed under a regulation. 7
PART 4--OBLIGATIONS OF REGISTRANTS AND 8
OTHER PERSONS 9
Division 1--General 10
79 Notification of business name 11
(1) A registrant, before carrying on a business providing surveying 12
services under a business name other than the registrant's own name, must 13
give the board written notice of the business name. 14
Maximum penalty--20 penalty units. 15
(2) Subsection (1) applies whether or not the business name is registered 16
under the Business Names Act 1962. 17
(3) Within 10 business days after changing the business name notified 18
under subsection (1), the registrant must give the board written notice of 19
the change. 20
Maximum penalty, for an individual or corporation--10 penalty units. 21
s 80 43 s 82
Surveyors Bill 2003
Division 2--Code of practice and other matters about professional 1
conduct 2
80 Board must develop a code of practice 3
(1) The board must develop a written code of practice to provide 4
guidance to registrants about appropriate professional conduct. 5
(2) In developing or amending the code, the board must consult with 6
each of the following-- 7
(a) the chief executive; 8
(b) entities considered by the board as representing the interests of 9
surveyors in the State; 10
(c) universities and training institutions-- 11
(i) established in Queensland; and 12
(ii) engaged in the education of students for the profession; 13
(d) any other entity the Minister directs the board to consult with. 14
(3) Subsection (2) does not limit the entities the board may consult with 15
in developing or amending the code. 16
(4) The board must regularly review the code. 17
(5) The code of practice is a statutory instrument, but is not subordinate 18
legislation. 19
81 When code of practice has effect 20
(1) The code of practice, or an amendment of it, has no effect until it is 21
approved by the Minister by gazette notice. 22
(2) The gazette notice is not subordinate legislation. 23
82 Inspection and notification of code 24
(1) The board must-- 25
(a) publish the code of practice on the board's web site on the 26
Internet;8 and 27
8 The board's web site on the Internet is http://www.qld-som.com.au.
s 83 44 s 85
Surveyors Bill 2003
(b) keep copies of the code open for inspection at the board's office9 1
by members of the public during ordinary office hours. 2
(2) Also, the board must ensure registrants are notified of the approval of 3
the code and any amendment of it. 4
83 Use of code of practice in disciplinary proceedings 5
(1) The code of practice is admissible as evidence in disciplinary 6
proceedings brought by the board against a registrant. 7
(2) However, the code may only be used to provide evidence of 8
appropriate professional conduct or practice for the registrant. 9
(3) Subsection (2) does not prevent a matter not dealt with in the code 10
being a matter about which disciplinary proceedings may be brought 11
against a registrant. 12
84 Certificates etc. not to be false or misleading 13
A registrant must not, in the registrant's professional capacity, sign or 14
give to another person a certificate, notice, report or other document the 15
registrant knows is false or misleading in a material particular. 16
Maximum penalty--50 penalty units. 17
PART 5--COMPLAINTS AND INVESTIGATIONS 18
ABOUT REGISTRANTS' PROFESSIONAL CONDUCT 19
Division 1--Complaints and investigation 20
85 Complaints about registrant's professional conduct 21
(1) A person who is aggrieved by a registrant's conduct in carrying out, 22
or in relation to, a survey may make a written complaint about the conduct 23
to the board. 24
9 The board's office is at Unit 13, Sedgebrook on Leichhardt, 83 Leichhardt Street,
Spring Hill.
s 86 45 s 86
Surveyors Bill 2003
(2) The board may reject the complaint if it reasonably believes the 1
complaint is frivolous, vexatious or trivial. 2
(3) If the chief executive of the department in which the Survey and 3
Mapping Infrastructure Act 2003 is administered reasonably believes a 4
surveyor has not complied with the survey standards under that Act, the 5
chief executive may refer the matter to the board. 6
86 Board's power to deal with matter without investigation of the 7
registrant's professional conduct 8
(1) This section applies if the board reasonably suspects a registrant has 9
engaged in professional misconduct, whether or not a complaint has been 10
made under section 85 about the registrant. 11
(2) The board, by written notice given to the registrant, may ask the 12
registrant to attend before the board or 1 or more of its members acting for 13
the board to give information, answer questions or produce a document the 14
board reasonably requires to decide-- 15
(a) whether the board, without authorising an investigation of the 16
registrant's professional conduct, can satisfactorily deal with the 17
matter by-- 18
(i) cautioning, advising or reprimanding the registrant; or 19
(ii) with the consent of the registrant, requiring the registrant, at 20
the registrant's expense-- 21
(A) to correct a survey to which the matter relates; or 22
(B) to undergo appropriate training, or competency 23
assessment under part 3, division 2; or 24
(b) whether to authorise an investigation of the registrant's 25
professional conduct. 26
(3) The board may, but is not required to, ask the chief executive for any 27
information or document relevant to helping the board decide whether to 28
make a request under subsection (2). 29
(4) If the board makes the request, the registrant is not required to 30
comply with it. 31
(5) If the registrant complies with the request, the registrant is not 32
required to give information, answer a question or produce a document, if 33
giving the information, answering the question or producing the document 34
might tend to incriminate the registrant. 35
s 87 46 s 89
Surveyors Bill 2003
(6) If the registrant complies with the request and the board decides it 1
can satisfactorily deal with the matter in a way stated in subsection (2)(a), it 2
may deal with the matter in the stated way. 3
87 Board may authorise investigation of registrant's professional 4
conduct 5
(1) This section applies if-- 6
(a) the board reasonably believes a registrant has engaged in 7
professional misconduct, whether or not a complaint has been 8
made under section 85 about the registrant's professional 9
conduct; or 10
(b) the registrant has not complied with a request made under 11
section 86(2). 12
(2) The board may-- 13
(a) deal with the matter in a way mentioned in section 86(2)(a); or 14
(b) authorise an investigation of the registrant's professional 15
conduct. 16
Division 2--Action following investigation 17
Subdivision 1--Investigator's report and board's decision on 18
investigation 19
88 Investigator's report about investigation 20
As soon as practicable after completing an investigation of a registrant's 21
professional conduct, the investigator must give the board a written report 22
about the investigation. 23
89 Board's decision on investigation 24
(1) This section applies if, after considering the report, the board 25
reasonably believes the registrant has engaged in professional misconduct. 26
(2) The board, as it considers appropriate in the circumstances, may 27
decide-- 28
s 90 47 s 91
Surveyors Bill 2003
(a) to deal with the matter in a way mentioned in section 86(2)(a); or 1
(b) to refer the matter to either-- 2
(i) a panel comprising the board or 4 or more of its members 3
(a "professional conduct review panel") for dealing with 4
the matter under section 91; or 5
(ii) a disciplinary committee for dealing with the matter under 6
part 6. 7
(3) In making a decision under subsection (2), the board must have 8
regard to each of the following-- 9
(a) the purposes of this Act and, in particular, the purpose mentioned 10
in section 3(1)(a); 11
(b) the seriousness of the matter reported on. 12
(4) In deciding the professional conduct review panel for 13
subsection (2)(b)(i), the board must have regard to the nature of the matter 14
investigated and the qualifications and experience of the members 15
constituting the panel. 16
90 Board's notice, and implementation, of its decision on 17
investigation 18
As soon as practicable after deciding to refer the matter to a professional 19
conduct review panel, the board must-- 20
(a) give written notice of the decision to-- 21
(i) the registrant; and 22
(ii) if the investigation was the result of a complaint, the 23
complainant; and 24
(b) refer the matter to a professional conduct review panel. 25
Subdivision 2--Taking disciplinary action 26
91 Disciplinary action by professional conduct review panel 27
(1) A professional conduct review panel to whom the board has referred 28
a matter about a registrant must decide, having regard to the circumstances 29
of the case and seriousness of the matter-- 30
s 92 48 s 92
Surveyors Bill 2003
(a) whether any disciplinary action should be taken against the 1
registrant; and 2
(b) what disciplinary action mentioned in subsection (3) to take. 3
(2) The panel must decide the matter in the way the panel considers 4
appropriate, but must observe natural justice. 5
(3) The panel may decide to do 1 or more of the following-- 6
(a) not take any disciplinary action against the registrant; 7
(b) caution or reprimand the registrant; 8
(c) require the registrant, at the registrant's expense-- 9
(i) to correct a survey to which the matter relates within the 10
reasonable period stated in the requirement; or 11
(ii) to undergo appropriate training, or competency assessment 12
under part 3, division 2; 13
(d) order the registrant to pay to the board a fine of an amount not 14
more than the equivalent of 100 penalty units. 15
(4) In addition to taking any disciplinary action, the panel may order the 16
registrant to pay to the board the amount of the costs of and incidental to 17
the proceeding, including the cost of the investigation that preceded the 18
proceeding. 19
(5) An amount ordered to be paid under subsection (3)(d) or (4) is a debt 20
payable by the registrant to the board. 21
(6) As soon as practicable after making its decision, the panel must give 22
written notice of the decision and the reasons for the decision to-- 23
(a) the registrant; and 24
(b) if the investigation was the result of a complaint, the 25
complainant. 26
(7) If the panel makes a decision under subsection (3)(c)(i) or (d) or 27
orders the registrant to pay an amount under subsection (4), the notice must 28
be an information notice. 29
92 Protection against self-incrimination 30
A registrant is not required to produce to a professional conduct review 31
panel a document or thing, or to answer a question asked by the panel, if 32
s 93 49 s 96
Surveyors Bill 2003
producing the document or thing or answering the question might tend to 1
incriminate the registrant. 2
93 Disciplinary action by disciplinary committee 3
A disciplinary committee to whom the board has referred a matter about 4
a registrant must hear and decide the matter under part 6. 5
PART 6--SURVEYORS DISCIPLINARY COMMITTEE 6
Division 1--Establishment and functions of surveyors disciplinary 7
committee 8
94 Establishment 9
(1) A surveyors disciplinary committee must be established if the board 10
refers a matter for hearing by a disciplinary committee under 11
section 89(2)(b)(ii). 12
(2) The committee must be established as soon as practicable after the 13
referral. 14
95 When disciplinary committee ceases to exist 15
A disciplinary committee ceases to exist when it has performed the 16
functions, or is no longer able to perform the functions, for which it was 17
established. 18
96 Functions 19
The functions of a disciplinary committee are to conduct a hearing, and 20
make decisions, about the matter referred to the committee. 21
s 97 50 s 99
Surveyors Bill 2003
Division 2--Membership of disciplinary committee 1
97 Membership 2
(1) A disciplinary committee consists of the following 3 members-- 3
(a) a District Court judge, who is to be the committee's chairperson; 4
(b) 2 suitable surveyors each of whom-- 5
(i) has been registered as a surveyor for an aggregate of at least 6
10 years, including any registration as a surveyor under the 7
repealed Act; and 8
(ii) is not a board member; and 9
(iii) is registered-- 10
(A) for the type of survey to which the matter referred to 11
the committee relates; or 12
(B) as an emeritus surveyor. 13
(2) The committee members must be appointed by the Governor in 14
Council. 15
(3) In this section-- 16
"suitable surveyor" means a surveyor considered by the Minister as 17
suitable for appointment to the committee having regard to the nature 18
of the matter referred to the committee. 19
98 Payment of members 20
A disciplinary committee member is entitled to be paid the remuneration 21
and allowances decided by the Governor in Council. 22
Division 3--Proceedings of disciplinary committee 23
99 Notice of intention to conduct disciplinary proceedings by hearing 24
(1) The board must give written notice (a "hearing notice") about a 25
disciplinary committee's intention to conduct a hearing of a matter about a 26
registrant. 27
(2) The hearing notice must be given to-- 28
s 100 51 s 101
Surveyors Bill 2003
(a) the registrant; and 1
(b) if the disciplinary proceedings relate to a complaint, the 2
complainant. 3
(3) The hearing notice must state each of the following-- 4
(a) that the ground for the disciplinary proceedings is that the 5
registrant has engaged in professional misconduct; 6
(b) the facts and circumstances forming the basis of the ground; 7
(c) the time and place of the hearing; 8
(d) that the registrant must attend the hearing; 9
(e) if the disciplinary proceedings relate to a complaint--that the 10
complainant may, to the extent the complainant is not excluded 11
from the hearing by the committee under section 106, attend the 12
hearing; 13
(f) that the registrant may be accompanied by a lawyer or other 14
person. 15
(4) The time for the hearing, as stated in the hearing notice, must be at 16
least 10 business days after the registrant receives the notice. 17
100 Substituted service on registrant and complainant 18
(1) The disciplinary committee may order substituted service of the 19
hearing notice on the registrant or complainant if the committee is satisfied 20
service can not be effected on the person under section 99(1). 21
(2) Substituted service may be effected in any way ordered, including, 22
for example, by facsimile or telephone. 23
(3) If the registrant or complainant is served with the hearing notice as 24
ordered by the committee under subsection (1), the notice is taken to have 25
been given to the registrant or complainant under section 99. 26
101 Procedure for hearing by disciplinary committee 27
(1) When conducting the hearing, the disciplinary committee-- 28
(a) must comply with natural justice; and 29
s 102 52 s 103
Surveyors Bill 2003
(b) must act as quickly, and with as little formality and technicality, 1
as is consistent with a fair and proper consideration of the issues 2
before it; and 3
(c) is not bound by the rules of evidence; and 4
(d) may inform itself of anything in the way it considers appropriate. 5
(2) The chairperson of the committee may decide the procedures to be 6
followed for the hearing. 7
(3) The committee must-- 8
(a) tell the registrant-- 9
(i) the facts and circumstances for bringing the disciplinary 10
proceedings against the registrant; and 11
(ii) the possible disciplinary action the committee may take 12
under section 119 or 120;10 and 13
(b) if asked by the registrant, explain to the registrant any aspect of 14
the committee's procedures, or any decisions or rulings, relating 15
to the hearing; and 16
(c) ensure the registrant has the fullest opportunity practicable to be 17
heard. 18
102 Time and place of hearing 19
The hearing must be conducted at the time and place the chairperson of 20
the disciplinary committee decides. 21
103 Evidence by telephone, video link or another form of 22
communication 23
(1) The disciplinary committee may decide to receive evidence or 24
submissions for the hearing by using any technology allowing reasonably 25
contemporaneous and continuous communication between the committee 26
members and other persons taking part in the hearing. 27
10 Section 119 (Decision about disciplinary action against registrant, other than former
registrant) or 120 (Decision about disciplinary action against former registrant)
s 104 53 s 108
Surveyors Bill 2003
1
Example of technology allowing reasonably contemporaneous and continuous
2
communication--
3
Teleconferencing.
(2) The committee may impose conditions on the receipt of evidence or 4
submissions under subsection (1). 5
104 Hearing open to the public 6
Unless the disciplinary committee decides otherwise, the hearing is open 7
to the public. 8
105 Attendance and appearance at hearing 9
(1) At the hearing, the registrant may be accompanied by a lawyer or 10
another person and is entitled to be represented by the lawyer or other 11
person. 12
(2) Also, subject to section 106, the complainant may attend the hearing. 13
106 Disciplinary committee may exclude complainant or witness from 14
hearing 15
(1) This section applies if the complainant or a witness is to give 16
evidence at the hearing. 17
(2) The disciplinary committee may direct that the person be excluded 18
from a part or all of the hearing until the person gives evidence, if the 19
committee reasonably believes the person's attendance before giving 20
evidence would seriously prejudice the fairness of the hearing. 21
107 Disciplinary committee may exclude disruptive person from 22
hearing 23
The disciplinary committee may direct a person attending the hearing, 24
other than the registrant, to leave if the person is disrupting the hearing. 25
108 Witnesses 26
(1) The disciplinary committee may, by written notice (an "attendance 27
notice") given to a person, require the person to attend the hearing at a 28
s 109 54 s 111
Surveyors Bill 2003
stated reasonable time and place to give evidence, answer questions or 1
produce a stated thing. 2
(2) The chairperson of the committee, or a member of the committee 3
permitted by the chairperson, may administer an oath to a person appearing 4
as a witness before the committee. 5
(3) The registrant may ask the committee for an attendance notice to be 6
given to a person. 7
(4) The committee must give the attendance notice to the person unless 8
the committee reasonably believes it is unnecessary or inappropriate to do 9
so. 10
109 Disciplinary committee may proceed in absence of registrant or 11
may adjourn hearing 12
(1) At the hearing, the disciplinary committee may proceed in the 13
absence of the registrant if it reasonably believes the registrant has been 14
given notice of the hearing. 15
(2) The committee may adjourn the hearing from time to time. 16
110 Questions to be decided by majority of disciplinary committee 17
members 18
(1) Subject to subsection (2), a question before the disciplinary 19
committee must be decided by a majority vote of the committee members 20
and, if the votes are equal, the chairperson of the committee has a casting 21
vote. 22
(2) The chairperson's decision on a question of law is taken to be the 23
committee's decision on the question. 24
111 Procedure if committee member unable to participate further in 25
the disciplinary proceedings 26
(1) This section applies if-- 27
(a) the disciplinary committee has started to hear the matter but has 28
not made its decision under division 5; and 29
(b) a committee member ceases to be a committee member or, for 30
any other reason, is unable to take further part in the disciplinary 31
proceedings. 32
s 112 55 s 113
Surveyors Bill 2003
(2) Unless the committee member mentioned in subsection (1)(b) is the 1
committee's chairperson, the remaining committee members may, if the 2
registrant consents, constitute the committee for completing the 3
proceedings and making the decision. 4
(3) A new disciplinary committee must be established to hear the 5
proceedings if-- 6
(a) the committee member mentioned in subsection (1)(b) is the 7
committee's chairperson; or 8
(b) the registrant does not consent to the remaining committee 9
members constituting the committee. 10
(4) A remaining committee member may be appointed to the new 11
disciplinary committee. 12
112 Inspection of things 13
(1) The disciplinary committee may inspect anything produced to it at 14
the hearing. 15
(2) If the committee reasonably considers the thing may be relevant to 16
the hearing, the committee may do all or any of the following-- 17
(a) photograph the thing; 18
(b) for a document--make a copy of, or take an extract from it; 19
(c) keep the thing while it is necessary for the hearing. 20
(3) If the committee keeps the thing, the committee must allow a person 21
otherwise entitled to possession of the thing to-- 22
(a) for a document--inspect, copy, or take an extract from, the 23
document, at the reasonable time and place the committee 24
decides; or 25
(b) for another thing--inspect or photograph the thing, at the 26
reasonable time and place the committee decides. 27
113 Disciplinary committee to keep record of proceedings 28
(1) The disciplinary committee must keep, in the way it considers 29
appropriate, a record of evidence given to it for the disciplinary 30
proceedings. 31
s 114 56 s 114
Surveyors Bill 2003
(2) However, the committee is not required to keep a transcript of the 1
proceedings. 2
(3) When the proceedings end, the committee must give the record of 3
evidence to the board. 4
Division 4--Offences about disciplinary proceedings dealt with by 5
disciplinary committee 6
114 Offences about attending hearing, answering questions and 7
related matters 8
(1) The registrant must not fail, without reasonable excuse-- 9
(a) to attend as required by the hearing notice; or 10
(b) to continue to attend as required by the disciplinary committee 11
until excused from further attendance. 12
Maximum penalty--50 penalty units. 13
(2) A person given an attendance notice must not fail, without reasonable 14
excuse-- 15
(a) to attend as required by the attendance notice; or 16
(b) to continue to attend as required by the disciplinary committee 17
until excused from further attendance. 18
Maximum penalty--50 penalty units. 19
(3) At the hearing, a person appearing as a witness must not-- 20
(a) fail to take an oath or make an affirmation when required by the 21
committee; or 22
(b) fail, without reasonable excuse, to answer a question the person 23
is required by a committee member to answer; or 24
(c) fail, without reasonable excuse, to produce a thing the person is 25
required by an attendance notice to produce. 26
Maximum penalty--50 penalty units. 27
(4) It is a reasonable excuse for a witness to fail to answer a question or 28
produce a thing that answering the question or producing the thing might 29
tend to incriminate the witness. 30
s 115 57 s 117
Surveyors Bill 2003
115 False or misleading information 1
A person must not state anything to the disciplinary committee, for the 2
disciplinary proceedings, that the person knows is false or misleading in a 3
material particular. 4
Maximum penalty--50 penalty units. 5
116 False or misleading documents 6
(1) A person must not give to the disciplinary committee, for the 7
disciplinary proceedings, a document containing information the person 8
knows is false or misleading in a material particular. 9
Maximum penalty--50 penalty units. 10
(2) Subsection (1) does not apply to a person who, when giving the 11
document-- 12
(a) informs the committee, to the best of the person's ability, how it 13
is false or misleading; and 14
(b) gives the correct information to the committee if the person has, 15
or can reasonably obtain, the correct information. 16
117 Contempt of disciplinary committee 17
At the hearing, a person must not-- 18
(a) insult the committee or a committee member; or 19
(b) deliberately interrupt the hearing; or 20
(c) create, continue, or join in creating or continuing, a disturbance 21
in or near a place where the hearing is being conducted; or 22
(d) without lawful excuse, disobey a lawful order or direction of the 23
committee; or 24
(e) do anything else that would be contempt of court if the 25
committee were a court of record. 26
Maximum penalty--50 penalty units. 27
s 118 58 s 119
Surveyors Bill 2003
Division 5--Decision on completion of disciplinary proceedings 1
118 Decision about whether ground for disciplinary action is 2
established 3
(1) As soon as practicable after completing the hearing, the disciplinary 4
committee must decide whether the registrant has engaged in professional 5
misconduct. 6
(2) In making its decision, the committee must have regard to-- 7
(a) the code of practice; and 8
(b) any relevant survey standard or survey guideline made under the 9
Survey and Mapping Infrastructure Act 2003; and 10
(c) any relevant previous decision by a disciplinary body of which 11
the committee is aware. 12
(3) Subsection (2) does not limit the matters the committee may consider 13
in making its decision. 14
119 Decision about disciplinary action against registrant, other than 15
former registrant 16
(1) This section does not apply to a former registrant. 17
(2) If the disciplinary committee decides the registrant has engaged in 18
professional misconduct, the committee may do all or any of the 19
following-- 20
(a) advise, caution or reprimand the registrant; 21
(b) order the registrant to do either or both of the following-- 22
(i) pay to the board a fine of an amount not more than the 23
equivalent of 200 penalty units; 24
(ii) correct, at the registrant's expense and within the reasonable 25
period stated in the order, any work the subject of the 26
disciplinary action the committee finds to be defective; 27
(c) impose conditions on the registrant's registration, including, for 28
example, a condition requiring the registrant-- 29
(i) not to carry out a particular type of survey until the 30
registrant satisfies the board the registrant has the relevant 31
competency for the type of survey; or 32
s 120 59 s 120
Surveyors Bill 2003
(ii) to restrict the registrant's surveying practice to carrying out 1
a particular type of survey, until the registrant satisfies the 2
board the registrant has the relevant competency for other 3
types of survey; or 4
(iii) to carry out surveys under supervision; or 5
(iv) to report to the board, within a stated reasonable time and in 6
a stated reasonable way, about the registrant's compliance 7
with conditions imposed by the committee; 8
(d) suspend the registrant's registration or registration endorsement 9
for not more than 3 years; 10
(e) cancel the registrant's registration or registration endorsement; 11
(f) if the committee cancels the registrant's registration, set 12
conditions under which the registrant may re-apply for 13
registration; 14
(g) order the registrant-- 15
(i) to do anything else the committee considers appropriate; or 16
(ii) to refrain from doing anything the committee considers 17
inappropriate. 18
(3) An amount ordered to be paid under subsection (2)(b)(i) is a debt 19
payable by the registrant to the board. 20
120 Decision about disciplinary action against former registrant 21
(1) This section applies only to a former registrant. 22
(2) If the disciplinary committee decides the person has engaged in 23
professional misconduct, the committee may-- 24
(a) take no further action relating to the matter; or 25
(b) do all or any of the following-- 26
(i) order the person to do either or both of the following-- 27
(A) to pay to the board a fine of an amount not more than 28
the equivalent of 200 penalty units; 29
(B) to correct, at the person's expense and within the 30
reasonable period stated in the order, any work the 31
subject of the disciplinary action the committee finds 32
to be defective; 33
s 121 60 s 122
Surveyors Bill 2003
(ii) state that another form of disciplinary action mentioned in 1
section 119(2) would have been taken if the person were 2
registered; 3
(iii) set conditions that must be imposed on any future 4
registration of the person as a registrant. 5
(3) If the committee states under subsection (2)(b)(ii) that if the person 6
were currently registered it would have cancelled the person's registration, 7
the committee must also decide the period during which the person must 8
not again be registered by the board. 9
(4) An amount ordered to be paid under subsection (2)(b)(i)(A) is a debt 10
payable by the person to the board. 11
121 Matters disciplinary committee must consider in making decision 12
about disciplinary action 13
(1) In making a decision under section 119 or 120, the disciplinary 14
committee must have regard to-- 15
(a) the purposes of this Act stated in section 3(1); and 16
(b) any relevant previous decisions, of which the committee is 17
aware, about the registrant by another disciplinary body. 18
(2) For having regard to a decision mentioned in subsection (1)(b), the 19
committee is entitled to access the decision and the reasons for it. 20
(3) Subsection (1) does not limit the matters the committee may consider 21
in making its decision. 22
122 Disciplinary committee's power to order costs 23
(1) The disciplinary committee may make any order about costs it 24
considers appropriate for the disciplinary proceedings. 25
(2) However, the costs allowable are only-- 26
(a) the costs that would be allowable if the disciplinary proceedings 27
were proceedings in the District Court;11 and 28
(b) the cost to the board of the investigation, of the registrant's 29
professional conduct, that preceded the disciplinary proceedings. 30
11 See the Uniform Civil Procedure Rules, schedule 2 (Scale of costs--District Court).
s 123 61 s 123
Surveyors Bill 2003
(3) Without limiting subsection (1), in making a decision about an order 1
for costs, the committee-- 2
(a) must take into consideration the cost of any investigation 3
mentioned in subsection (2)(b); and 4
(b) must not take into consideration the amount of a fine, if any, 5
imposed on the registrant in the proceedings. 6
Division 6--Action after decision about disciplinary action 7
123 Notification of disciplinary committee's decision 8
(1) The disciplinary committee must, as soon as practicable after making 9
a decision under section 118, 119 or 120, give written notice about the 10
decision to the registrant and the board. 11
(2) The notice must state each of the following-- 12
(a) for a decision-- 13
(i) under section 118--whether a ground for disciplinary 14
action against the registrant is established; or 15
(ii) for a decision under section 119 or 120--the disciplinary 16
action, if any, the committee has decided to take in relation 17
to the disciplinary proceedings; 18
(b) the reasons for the decision, including the reasons for any 19
disciplinary action; 20
(c) the committee's decisions on material questions of fact arising 21
during the disciplinary proceedings; 22
(d) by reference or otherwise, any evidence or other material on 23
which the committee's decisions about material questions of fact 24
were based; 25
(e) that the board or registrant may appeal on a question of law to the 26
Court of Appeal about the decision; 27
(f) how to appeal. 28
(3) The decision takes effect on the later of-- 29
(a) the day the notice is given to the registrant; or 30
(b) the day of effect stated in the notice. 31
s 124 62 s 127
Surveyors Bill 2003
124 Board may notify other persons 1
(1) After the disciplinary committee makes a decision about disciplinary 2
proceedings against the registrant, the board may-- 3
(a) publish the registrant's identity and the nature and outcome of 4
the proceedings, including, for example, on the board's web site 5
on the Internet12 or in the board's annual report or a newsletter; 6
and 7
(b) if the disciplinary proceedings relate to a complaint--by written 8
notice advise the complainant of the committee's decision on the 9
matter. 10
(2) This section does not affect the board's power to record in the 11
relevant register details of any disciplinary conditions of a registration. 12
Division 7--Effect of decision 13
125 Effect of disciplinary committee's decision 14
The disciplinary committee's decision is binding on the board and the 15
registrant. 16
126 Implementation of decision 17
The board must give effect to the disciplinary committee's decision 18
unless the decision is stayed under section 174.13 19
127 Disciplinary action to be recorded in register 20
(1) This section applies if the disciplinary committee decides the 21
registrant has engaged in professional misconduct and decides to take 22
disciplinary action against the registrant. 23
(2) As soon as practicable after the committee makes its decision about 24
the disciplinary action, the board must record in the relevant register-- 25
12 The board's web site on the Internet is http://www.qld-som.com.au.
13 Section 174 (Stay of operation of appealable decision)
s 128 63 s 130
Surveyors Bill 2003
(a) for a decision to impose disciplinary conditions on the 1
registrant's registration or registration endorsement--the details 2
of the conditions; or 3
(b) for a decision to suspend a registration or registration 4
endorsement--the period for which it is suspended; or 5
(c) for a decision to cancel a registration or registration 6
endorsement-- 7
(i) the date it was cancelled; and 8
(ii) any conditions imposed by the committee on the registrant's 9
re-application for registration. 10
PART 7--INVESTIGATORS 11
Division 1--Functions and powers generally 12
128 Functions of investigator 13
An investigator has the functions of carrying out and reporting on the 14
investigation for which the investigator is appointed. 15
129 Powers of investigator 16
For performing the investigator's functions, an investigator has the 17
powers given to the investigator under this Act. 18
Division 2--Appointment of investigators and other matters 19
130 Appointment 20
(1) The board may appoint a surveyor who is not a board member as an 21
investigator. 22
(2) An investigator is appointed on a case by case basis. 23
s 131 64 s 133
Surveyors Bill 2003
131 Appointment conditions and limit on powers 1
(1) An investigator holds office on the conditions stated in-- 2
(a) the investigator's instrument of appointment; or 3
(b) a signed notice given to the investigator. 4
(2) The instrument of appointment or signed notice may limit the 5
investigator's powers under this Act. 6
(3) In this section-- 7
"signed notice" means a notice signed by the board. 8
132 Issue of identity card 9
(1) The board must give an identity card to each investigator. 10
(2) The identity card must-- 11
(a) contain a recent photo of the investigator; and 12
(b) contain a copy of the investigator's signature; and 13
(c) identify the person as an investigator under this Act. 14
(3) This section does not prevent the issue of a single identity card to a 15
person for this Act and other purposes. 16
133 Production or display of identity card 17
(1) In exercising a power under this Act in relation to a person, an 18
investigator must-- 19
(a) produce the investigator's identity card for the person's 20
inspection before exercising the power; or 21
(b) have the identity card displayed so it is clearly visible to the 22
person when exercising the power. 23
(2) However, if it is not practicable to comply with subsection (1), the 24
investigator must produce the identity card for the person's inspection at 25
the first reasonable opportunity. 26
(3) For subsection (1), an investigator does not exercise a power in 27
relation to a person only because the investigator has entered a place as 28
mentioned in section 139(1)(b) or (2). 29
s 134 65 s 137
Surveyors Bill 2003
134 Resignation 1
(1) An investigator may resign by signed notice of resignation given to 2
the board. 3
(2) Within 21 days after resigning, the investigator must give the board a 4
written report about the investigation carried out by the investigator. 5
135 Return of identity card 6
A person who ceases to be an investigator must return the person's 7
identity card to the board within 15 business days after ceasing to be an 8
investigator, unless the person has a reasonable excuse. 9
Maximum penalty--10 penalty units. 10
Division 3--Particular powers of investigators 11
Subdivision 1--Power to obtain information 12
136 Power to require information or attendance 13
For carrying out an investigation, an investigator may, by written notice 14
given to a person, require the person-- 15
(a) to give stated information to the investigator within a stated 16
reasonable time and in a stated reasonable way; or 17
(b) to attend before the investigator at a stated reasonable time and 18
place-- 19
(i) to answer questions; or 20
(ii) to produce a stated thing. 21
137 Offences 22
(1) A person required to give information to an investigator under 23
section 136 must give the information as required by the notice, unless the 24
person has a reasonable excuse. 25
Maximum penalty--50 penalty units. 26
s 138 66 s 138
Surveyors Bill 2003
(2) A person given a notice to attend before an investigator must, unless 1
the person has a reasonable excuse-- 2
(a) attend as required by the notice; and 3
(b) continue to attend as required by the investigator until excused 4
from further attendance; and 5
(c) answer a question the person is required to answer by the 6
investigator; and 7
(d) produce a thing the person is required to produce by the notice. 8
Maximum penalty--50 penalty units. 9
(3) It is a reasonable excuse for a person not to give information, answer 10
a question or produce a stated thing, that giving the information, answering 11
the question or producing the thing might tend to incriminate the person. 12
138 Inspection of produced things 13
(1) If a thing is produced to an investigator, whether under a notice under 14
section 136 or otherwise, the investigator may inspect it. 15
(2) If the investigator reasonably considers the thing may be relevant to 16
the investigation being carried out by the investigator, the investigator may 17
do all or any of the following-- 18
(a) photograph the thing; 19
(b) for a document--make a copy of, or take an extract from it; 20
(c) keep the thing while it is necessary for the investigation. 21
(3) If the investigator keeps the thing, the investigator must allow a 22
person otherwise entitled to possession of the thing-- 23
(a) for a document--to inspect, copy, or take an extract from, the 24
document, at the reasonable time and place the investigator 25
decides; or 26
(b) for another thing--to inspect or photograph the thing, at the 27
reasonable time and place the investigator decides. 28
s 139 67 s 140
Surveyors Bill 2003
Subdivision 2--Entry of places 1
139 Power to enter places 2
(1) An investigator may enter a place for carrying out an investigation 3
if-- 4
(a) its occupier consents to the entry; or 5
(b) it is a public place and the entry is made when the place is open 6
to the public; or 7
(c) the entry is authorised by a warrant. 8
(2) For the purpose of asking the occupier of a place for consent to enter, 9
an investigator may, without the occupier's consent or a warrant-- 10
(a) enter land around premises at the place to an extent that is 11
reasonable to contact the occupier; or 12
(b) enter part of the place the investigator reasonably considers 13
members of the public ordinarily are allowed to enter when they 14
wish to contact the occupier. 15
Subdivision 3--Procedure for entry 16
140 Entry with consent 17
(1) This section applies if an investigator intends to ask an occupier of a 18
place to consent to the investigator or another investigator entering the 19
place under section 139(1)(a). 20
(2) Before asking for the consent, the investigator must tell the 21
occupier-- 22
(a) the purpose of the entry; and 23
(b) that the occupier is not required to consent. 24
(3) If the consent is given, the investigator may ask the occupier to sign 25
an acknowledgment of the consent. 26
(4) The acknowledgment must state-- 27
(a) the occupier has been told-- 28
(i) the purpose of the entry; and 29
s 141 68 s 142
Surveyors Bill 2003
(ii) that the occupier is not required to consent; and 1
(b) the purpose of the entry; and 2
(c) the occupier gives the investigator consent to enter the place and 3
exercise powers under this division; and 4
(d) the time and date the consent was given. 5
(5) If the occupier signs the acknowledgment, the investigator must 6
immediately give a copy to the occupier. 7
(6) If-- 8
(a) an issue arises in a proceeding before a court or the disciplinary 9
committee about whether the occupier of the place consented to 10
the entry; and 11
(b) an acknowledgment mentioned in subsection (4) is not produced 12
in evidence; 13
the onus of proof is on the person relying on the lawfulness of the entry to 14
prove the occupier consented. 15
141 Application for warrant 16
(1) An investigator may apply to a magistrate for a warrant for a place. 17
(2) The application must be sworn and state the grounds on which the 18
warrant is sought. 19
(3) The magistrate may refuse to consider the application until the 20
investigator gives the magistrate all the information the magistrate requires 21
about the application in the way the magistrate requires. 22
23
Example--
24
The magistrate may require additional information supporting the application to be
25
given by statutory declaration.
142 Issue of warrant 26
(1) The magistrate may issue a warrant only if the magistrate is satisfied 27
there are reasonable grounds for suspecting-- 28
(a) there is a particular thing or activity (the "evidence") that may 29
provide evidence about a disciplinary matter being investigated 30
by the investigator; and 31
s 143 69 s 143
Surveyors Bill 2003
(b) the evidence is at the place, or may be at the place within the next 1
7 days. 2
(2) The warrant must state-- 3
(a) that a stated investigator may, with necessary and reasonable 4
help and force-- 5
(i) enter the place and any other place necessary for entry; and 6
(ii) exercise the investigator's powers under this division; and 7
(b) the disciplinary matter for which the warrant is sought; and 8
(c) the evidence that may be seized under the warrant; and 9
(d) the hours of the day or night when the place may be entered; and 10
(e) the date, within 14 days after the warrant's issue, the warrant 11
ends. 12
143 Warrants--procedure before entry 13
(1) This section applies if an investigator named in a warrant issued 14
under this subdivision for a place is intending to enter the place under the 15
warrant. 16
(2) Before entering the place, the investigator must do or make a 17
reasonable attempt to do the following things-- 18
(a) identify himself or herself to a person present at the place who is 19
an occupier of the place by producing the investigator's identity 20
card or another document evidencing the investigator's 21
appointment; 22
(b) give the person a copy of the warrant; 23
(c) tell the person the investigator is permitted by the warrant to 24
enter the place; 25
(d) give the person an opportunity to allow the investigator 26
immediate entry to the place without using force. 27
(3) However, the investigator need not comply with subsection (2) if the 28
investigator believes on reasonable grounds that immediate entry to the 29
place is required to ensure the effective execution of the warrant is not 30
frustrated. 31
s 144 70 s 145
Surveyors Bill 2003
Subdivision 4--Powers after entry 1
144 General powers after entering places 2
(1) This section applies to an investigator who enters a place under 3
section 139. 4
(2) However, if an investigator enters a place to get the occupier's 5
consent to enter premises, this section applies to the investigator only if the 6
consent is given or the entry is otherwise authorised. 7
(3) For monitoring and enforcing compliance with this Act, the 8
investigator may do all or any of the following-- 9
(a) search any part of the place; 10
(b) inspect, measure, test, photograph or film any part of the place or 11
anything at the place; 12
(c) take an extract from, or copy, a document at the place; 13
(d) carry out a survey; 14
(e) place survey marks on land; 15
(f) take into or onto the place any person, equipment and materials 16
the investigator reasonably requires for exercising a power under 17
this division; 18
(g) require the occupier of the place, or a person at the place, to give 19
the investigator reasonable help to exercise the investigator's 20
powers under paragraphs (a) to (f); 21
(h) require the occupier of the place, or a person at the place, to give 22
the investigator information to help the investigator ascertain 23
whether this Act is being complied with. 24
(4) When making a requirement mentioned in subsection (3)(g) or (h), 25
the investigator must warn the person it is an offence to fail to comply with 26
the requirement, unless the person has a reasonable excuse. 27
145 Failure to help investigator 28
(1) A person required to give reasonable help under section 144(3)(g) 29
must comply with the requirement, unless the person has a reasonable 30
excuse. 31
Maximum penalty--50 penalty units. 32
s 146 71 s 148
Surveyors Bill 2003
(2) If an individual is required under section 144(3)(g) to give 1
information, or produce a document, it is a reasonable excuse for the 2
individual not to comply with the requirement that complying with the 3
requirement might tend to incriminate the individual. 4
146 Failure to give information 5
(1) A person of whom a requirement is made under section 144(3)(h) 6
must comply with the requirement, unless the person has a reasonable 7
excuse. 8
Maximum penalty--50 penalty units. 9
(2) It is a reasonable excuse for an individual not to comply with the 10
requirement that complying with the requirement might tend to incriminate 11
the individual. 12
Subdivision 5--Power to seize evidence 13
147 Seizing evidence at public place if entry made when place open 14
An investigator who enters a public place when the place is open to the 15
public may seize a thing at the place if-- 16
(a) the investigator reasonably believes the thing is evidence that is 17
relevant to the investigation being carried out by the investigator; 18
and 19
(b) the evidence provided by the thing can not otherwise be obtained 20
from it. 21
22
Example--
23
A theodolite may contain evidence that can be obtained from it by data download at the
24
public place.
148 Seizing evidence at a place that may only be entered with consent 25
or warrant 26
(1) This section applies if-- 27
(a) an investigator is authorised to enter a place under this division 28
only with the consent of the occupier of the place or a warrant; 29
and 30
s 149 72 s 149
Surveyors Bill 2003
(b) the investigator enters the place after obtaining the necessary 1
consent or warrant. 2
(2) If the investigator enters the place with the occupier's consent, the 3
investigator may seize a thing at the place if-- 4
(a) the investigator reasonably believes the thing is evidence that is 5
relevant to the investigation being carried out by the investigator; 6
and 7
(b) seizure of the thing is consistent with the purpose of entry as told 8
to the occupier when asking for the occupier's consent. 9
(3) If the investigator enters the place with a warrant, the investigator 10
may seize the evidence for which the warrant was issued. 11
(4) The investigator also may seize anything else at the place if the 12
investigator reasonably believes-- 13
(a) the thing is evidence that is relevant to the investigation; and 14
(b) the seizure is necessary to prevent the thing being hidden, lost or 15
destroyed. 16
(5) However, the investigator must not seize a thing under this section if 17
the evidence provided by the thing can otherwise be obtained from it. 18
149 Securing seized things 19
Having seized a thing, an investigator may-- 20
(a) move the thing from the place where it was seized (the "place of 21
seizure"); or 22
(b) leave the thing at the place of seizure but take reasonable action 23
to restrict access to it. 24
25
Examples of restricting access to a thing--
26
1. Sealing a thing and marking it to show access to it is restricted.
27
2. Sealing the entrance to a room where the seized thing is situated and marking the
28
entrance to show access to the room is restricted.
s 150 73 s 152
Surveyors Bill 2003
150 Tampering with seized things 1
If an investigator restricts access to a seized thing, a person must not 2
tamper, or attempt to tamper, with the thing, or something restricting access 3
to the thing, without an investigator's approval. 4
Maximum penalty--50 penalty units. 5
151 Receipt for seized things 6
(1) As soon as practicable after an investigator seizes a thing, the 7
investigator must give a receipt for it to the person from whom it was 8
seized. 9
(2) However, if for any reason it is not practicable to comply with 10
subsection (1), the investigator must leave the receipt at the place of seizure 11
in a conspicuous position and in a reasonably secure way. 12
(3) The receipt must describe generally each thing seized and its 13
condition. 14
(4) This section does not apply to a thing if it is impracticable or would 15
be unreasonable to give the receipt, given the thing's nature, condition and 16
value. 17
152 Forfeiture of seized things 18
(1) A thing that has been seized under this subdivision is forfeited to the 19
board if the investigator who seized the thing-- 20
(a) can not find its owner, after making reasonable inquiries; or 21
(b) can not return it to its owner, after making reasonable efforts. 22
(2) In applying subsection (1)-- 23
(a) subsection (1)(a) does not require the investigator to make 24
inquiries if it would be unreasonable to make inquiries to find the 25
owner; and 26
(b) subsection (1)(b) does not require the investigator to make efforts 27
if it would be unreasonable to make efforts to return the thing to 28
its owner. 29
(3) Regard must be had to a thing's nature, condition and value in 30
deciding-- 31
(a) whether it is reasonable to make inquiries or efforts; and 32
s 153 74 s 156
Surveyors Bill 2003
(b) if making inquiries or efforts, what inquiries or efforts, including 1
the period over which they are made, are reasonable. 2
153 Dealing with forfeited things 3
(1) On the forfeiture of a thing to the board, the thing becomes the 4
board's property and may be dealt with by the board as the board considers 5
appropriate. 6
(2) Without limiting subsection (1), the board may destroy or otherwise 7
dispose of the thing. 8
154 Return of seized things 9
(1) If a seized thing is not forfeited, the investigator must return it to its 10
owner-- 11
(a) at the end of 6 months; or 12
(b) if proceedings involving the thing are started within 6 months, at 13
the end of the proceedings and any appeal from the proceedings. 14
(2) Despite subsection (1), unless a thing that has been seized as 15
evidence is forfeited, the investigator must immediately return it to its 16
owner if the investigator stops being satisfied its continued retention as 17
evidence is necessary. 18
155 Access to seized things 19
(1) Until a seized thing is forfeited or returned, an investigator must 20
allow its owner to inspect it and, if it is a document, to copy it. 21
(2) Subsection (1) does not apply if it is impracticable or would be 22
unreasonable to allow the inspection or copying. 23
Division 4--General investigation matters 24
156 Investigator's obligation not to cause unnecessary damage 25
An investigator must take all reasonable steps to ensure the investigator 26
does not cause any unnecessary damage to property in exercising a power 27
under division 3. 28
s 157 75 s 158
Surveyors Bill 2003
157 Notice of damage 1
(1) This section applies if-- 2
(a) an investigator damages property when exercising or purporting 3
to exercise a power; or 4
(b) a person (the "other person") acting under the direction of an 5
investigator damages property. 6
(2) The investigator must immediately give notice of particulars of the 7
damage to the person who appears to the investigator to be the owner of the 8
property. 9
(3) If the investigator believes the damage was caused by a latent defect 10
in the property or circumstances beyond the investigator's or other person's 11
control, the investigator may state the belief in the notice. 12
(4) If, for any reason, it is impracticable to comply with subsection (2), 13
the investigator must leave the notice in a conspicuous position and in a 14
reasonably secure way where the damage happened. 15
(5) This section does not apply to damage the investigator reasonably 16
believes is trivial. 17
(6) In subsection (2)-- 18
"owner", of property, includes the person in possession or control of it. 19
158 Compensation 20
(1) A person may claim compensation from the board if the person 21
incurs loss or expense because of the exercise or purported exercise of a 22
power under division 3, subdivision 2, 4 or 5.14 23
(2) Without limiting subsection (1), compensation may be claimed for 24
loss or expense incurred in complying with a requirement made of the 25
person under the subdivision. 26
(3) Compensation may be claimed and ordered to be paid in a 27
proceeding brought in a court with jurisdiction for the recovery of the 28
amount of compensation claimed. 29
(4) A court may order compensation to be paid only if it is satisfied it is 30
fair to make the order in the circumstances of the particular case. 31
14 Division 3 (Particular powers of investigators), subdivision 2 (Entry of places), 4
(Powers after entry) or 5 (Power to seize evidence)
s 159 76 s 161
Surveyors Bill 2003
159 False or misleading information given to investigator 1
A person must not state anything to an investigator the person knows is 2
false or misleading in a material particular. 3
Maximum penalty--50 penalty units. 4
160 False or misleading documents given to investigator 5
(1) A person must not give an investigator a document containing 6
information the person knows is false or misleading in a material 7
particular. 8
Maximum penalty--50 penalty units. 9
(2) Subsection (1) does not apply to a person if the person, when giving 10
the document-- 11
(a) tells the investigator, to the best of the person's ability, how it is 12
false or misleading; and 13
(b) if the person has, or can reasonably obtain, the correct 14
information, gives the correct information. 15
161 Obstruction of investigator 16
(1) A person must not obstruct an investigator in the exercise of a power, 17
unless the person has a reasonable excuse. 18
Maximum penalty--100 penalty units. 19
(2) If a person has obstructed an investigator and the investigator decides 20
to proceed with the exercise of the power, the investigator must warn the 21
person that-- 22
(a) it is an offence to obstruct the investigator, unless the person has 23
a reasonable excuse; and 24
(b) the investigator considers the person's conduct is an obstruction. 25
(3) In this section-- 26
"obstruct" includes hinder and attempt to obstruct or hinder. 27
s 162 77 s 164
Surveyors Bill 2003
162 Impersonation of investigator 1
A person must not pretend to be an investigator. 2
Maximum penalty--50 penalty units. 3
PART 8--APPEALS TO DISTRICT COURT 4
163 Who may appeal 5
(1) A person who is given, or is entitled to be given, an information 6
notice for a decision may appeal against the decision to the District Court 7
under this part. 8
(2) Also, a person whose application the board is taken, under section 53 9
or 58,15 to have decided to refuse to grant may, under this part, appeal 10
against the decision to the District Court. 11
(3) To help users of this Act, schedule 1 identifies the decisions for 12
which an information notice must be given under this Act. 13
164 How to start an appeal 14
(1) An appeal may be started by-- 15
(a) filing a notice of appeal with the registrar of-- 16
(i) the District Court at the place where the appellant resides or 17
carries on business; or 18
(ii) the District Court at Brisbane; and 19
(b) complying with the rules of court applicable to the appeal.16 20
(2) Subsection (1) does not limit a provision of another law providing for 21
where a proceeding may be started in the District Court. 22
(3) The notice of appeal must be filed within 28 days after-- 23
15 Section 53 deals with applications for registrations and registration endorsements
and section 58 deals with applications for renewal of registrations and registration
endorsements.
16 The Uniform Civil Procedure Rules contain provisions about appeals to the District
Court.
s 165 78 s 167
Surveyors Bill 2003
(a) the day the person is given notice of the decision appealed 1
against; or 2
(b) if paragraph (a) does not apply, the day the person otherwise 3
becomes aware of the decision. 4
(4) The court may, at any time, extend the period for filing the notice of 5
appeal. 6
165 Hearing procedures 7
(1) In deciding the appeal, the court-- 8
(a) has the same powers as the entity that made the decision 9
appealed against; and 10
(b) is not bound by the rules of evidence; and 11
(c) must comply with natural justice. 12
(2) The appeal is by way of rehearing, unaffected by the decision 13
appealed against, on the material before the entity that made the decision 14
and any further evidence allowed by the court. 15
166 Stay of operation of decision 16
(1) The court may grant a stay of the operation of the decision appealed 17
against to secure the effectiveness of the appeal. 18
(2) The stay-- 19
(a) may be given on conditions the court considers appropriate; and 20
(b) operates for the period fixed by the court; and 21
(c) may be revoked or amended by the court. 22
(3) The period of the stay must not extend past the time when the court 23
decides the appeal. 24
(4) The appeal affects the decision, or carrying out of the decision, only 25
if the decision is stayed. 26
167 Powers of court on appeal 27
(1) In deciding the appeal, the court may-- 28
(a) confirm the decision appealed against; or 29
s 168 79 s 169
Surveyors Bill 2003
(b) amend the decision appealed against; or 1
(c) substitute another decision for the decision appealed against. 2
(2) If the court amends the decision appealed against or substitutes 3
another decision for the decision appealed against, the amended or 4
substituted decision is, for this Act (other than this part) taken to be the 5
decision of the entity that made the decision appealed against. 6
168 Appointment of advisors 7
(1) If the court considers the appeal involves a question of special 8
knowledge and skill, the court may appoint 1 or more persons ("advisors") 9
who the court considers possess the special qualifications necessary for the 10
particular case to assist the court in deciding the appeal. 11
(2) An advisor may advise the court on any matter, but questions of law 12
and fact must be decided by the court. 13
(3) The court may give the weight to the advice that it considers 14
appropriate. 15
PART 9--APPEALS TO COURT OF APPEAL FROM 16
DECISIONS OF DISCIPLINARY COMMITTEE 17
169 Appealable decisions 18
Each of the following decisions of a disciplinary committee is an 19
appealable decision for this part-- 20
(a) a decision under section 118 about whether a registrant has 21
engaged in professional misconduct; 22
(b) a decision under section 119 to take disciplinary action against a 23
registrant; 24
(c) a decision under section 120 to take disciplinary action against a 25
former registrant. 26
s 170 80 s 173
Surveyors Bill 2003
170 Who may appeal 1
The following persons may appeal to the Court of Appeal against an 2
appealable decision-- 3
(a) the registrant to whom the appealable decision relates; 4
(b) the board. 5
171 Appeal on questions of law only 6
An appeal to the Court of Appeal against an appealable decision may be 7
made only on a question of law. 8
172 How to start an appeal 9
(1) An appeal is started by-- 10
(a) filing a notice of appeal with the registrar of the Supreme Court 11
at Brisbane; and 12
(b) complying with the rules of court applicable to the appeal.17 13
(2) For the Uniform Civil Procedure Rules, section 748, the date of the
18
14
decision appealed from is taken to be the day the appellant receives notice 15
of the appealable decision. 16
(3) The court may, at any time, extend the period for filing a notice of 17
appeal. 18
173 Appellant to give notice of appeal to particular persons 19
(1) Within 14 days after filing the notice of appeal, the appellant must 20
give a copy of the notice-- 21
(a) if the appellant is the registrant, to the board; or 22
(b) if the appellant is the board, to the registrant. 23
(2) If a registrant or the board is given a copy of a notice of appeal under 24
subsection (1), the registrant or board is the respondent for the appeal. 25
17 The Uniform Civil Procedure Rules contain provisions about appeals to the Court of
Appeal.
18 Uniform Civil Procedure Rules, section 748 (Time for appealing)
s 174 81 s 176
Surveyors Bill 2003
174 Stay of operation of appealable decision 1
(1) If an appellant files, or has filed, a notice of appeal and makes an 2
application to the Court of Appeal for a stay of the appealable decision to 3
secure the effectiveness of the appeal, the court may grant the stay if it 4
considers it appropriate. 5
(2) The stay may be granted on conditions the court considers 6
appropriate and has effect for the period stated by the court. 7
(3) However, the period of the stay must not extend past the time when 8
the court decides the appeal. 9
(4) An appeal against an appealable decision does not affect the 10
operation or carrying out of the decision unless the decision is stayed by 11
the court. 12
175 Hearing procedures 13
The procedure for an appeal is to be under the rules of court applicable 14
to the appeal or, if the rules make no provision or insufficient provision, 15
under the directions of the Court of Appeal. 16
176 Powers of court on appeal 17
In deciding the appeal, the Court of Appeal may-- 18
(a) confirm the appealable decision; or 19
(b) set aside the appealable decision; or 20
(c) set aside the appealable decision and replace it with a decision 21
the court considers appropriate; or 22
(d) change the appealable decision in the way the court considers 23
appropriate; or 24
(e) send the matter back to the disciplinary committee that made the 25
appealable decision and give the directions the court considers 26
appropriate. 27
s 177 82 s 179
Surveyors Bill 2003
PART 10--LEGAL PROCEEDINGS 1
Division 1--Evidence 2
177 Application of div 1 3
This division applies to a proceeding under this Act, including a 4
proceeding before a disciplinary body. 5
178 Appointments and authority 6
It is not necessary to prove-- 7
(a) the appointment of any of the following entities-- 8
(i) the Minister; 9
(ii) the chief executive; 10
(iii) the chairperson or another board member; 11
(iv) an investigator; 12
(v) a disciplinary body or a member of a disciplinary body; or 13
(b) the authority of any of the following entities to do anything under 14
this Act-- 15
(i) the Minister; 16
(ii) the chief executive; 17
(iii) the board; 18
(iv) the chairperson or another board member; 19
(v) an investigator; 20
(vi) a disciplinary body or a member of a disciplinary body. 21
179 Signatures 22
A signature purporting to be the signature of the Minister, the chief 23
executive, the chairperson, a board member or an investigator, is evidence 24
of the signature it purports to be. 25
s 180 83 s 180
Surveyors Bill 2003
180 Evidentiary matters 1
A certificate purporting to be signed by the chairperson and stating any 2
of the following matters is evidence of the matter-- 3
(a) a stated document is 1 of the following things made, given, 4
issued or kept under this Act-- 5
(i) an appointment, approval or decision; 6
(ii) an order, direction, requirement or notice; 7
(iii) a registration certificate; 8
(iv) a record or an extract from a record; 9
(v) a register or an extract from a register; 10
(b) a stated document is the code of practice in force under this Act; 11
(c) a stated document is another document kept under this Act; 12
(d) a stated document is a copy of a thing mentioned in 13
paragraph (a), (b) or (c); 14
(e) on a stated day, or during a stated period, a stated person was or 15
was not a registrant; 16
(f) on a stated day, or during a stated period, a registration or 17
registration endorsement-- 18
(i) was or was not in force; or 19
(ii) was or was not subject to a stated disciplinary condition; 20
(g) on a stated day, a registration or registration endorsement was 21
cancelled; 22
(h) on a stated day, or during a stated period, a registration or 23
registration endorsement was suspended; 24
(i) on a stated day, or during a stated period, an appointment as an 25
investigator was, or was not, in force for a stated person; 26
(j) on a stated day, a stated person was given a stated notice or 27
direction under this Act; 28
(k) on a stated day, a stated requirement was made of a stated person; 29
(l) a stated fee or other amount is payable by a stated person to the 30
board and has not been paid. 31
s 181 84 s 184
Surveyors Bill 2003
Division 2--Proceedings 1
181 Summary proceedings for offences 2
(1) Proceedings for an offence against this Act are to be taken in a 3
summary way under the Justices Act 1886. 4
(2) The proceeding must start-- 5
(a) within 1 year after the commission of the offence; or 6
(b) within 6 months after the offence comes to the complainant's 7
knowledge, but within 2 years after the commission of the 8
offence. 9
182 Allegations of false or misleading information or documents 10
It is enough for a complaint for an offence against this Act involving 11
false or misleading information, or a false or misleading document, to state 12
the statement made, or document given, was `false or misleading' to the 13
person's knowledge, without specifying which. 14
183 Penalties to be paid to board 15
All penalties recovered as a result of proceedings for offences against 16
this Act brought by the board must be ordered to be paid to the board. 17
184 Responsibility for acts or omissions of representatives 18
(1) This section applies in a proceeding for an offence against this Act. 19
(2) If it is relevant to prove a person's state of mind about a particular act 20
or omission, it is enough to show-- 21
(a) the act was done or omitted to be done by a representative of the 22
person within the scope of the representative's actual or apparent 23
authority; and 24
(b) the representative had the state of mind. 25
(3) An act done or omitted to be done for a person by a representative of 26
the person within the scope of the representative's actual or apparent 27
authority is taken to have been done or omitted to be done also by the 28
person, unless the person proves the person could not, by the exercise of 29
reasonable diligence, have prevented the act or omission. 30
s 185 85 s 185
Surveyors Bill 2003
(4) In this section-- 1
"representative" means-- 2
(a) for a corporation--an executive officer, employee or agent of the 3
corporation; or 4
(b) for an individual--an employee or agent of the individual. 5
"state of mind" of a person includes-- 6
(a) the person's knowledge, intention, opinion, belief or purpose; 7
and 8
(b) the person's reasons for the intention, opinion, belief or purpose. 9
185 Executive officers must ensure corporation complies with Act 10
(1) The executive officers of a corporation must ensure the corporation 11
complies with this Act. 12
(2) If a corporation commits an offence against a provision of this Act, 13
each of the corporation's executive officers also commits an offence, 14
namely, the offence of failing to ensure the corporation complies with the 15
provision. 16
Maximum penalty--the penalty for the contravention of the provision by 17
an individual. 18
(3) Evidence that the corporation has been convicted of an offence 19
against a provision of this Act is evidence that each of the executive 20
officers committed the offence of failing to ensure the corporation 21
complies with the provision. 22
(4) However, it is a defence for an executive officer to prove-- 23
(a) if the officer was in a position to influence the conduct of the 24
corporation in relation to the offence--the officer exercised 25
reasonable diligence to ensure the corporation complied with the 26
provision; or 27
(b) the officer was not in a position to influence the conduct of the 28
corporation in relation to the offence. 29
s 186 86 s 188
Surveyors Bill 2003
PART 11--MISCELLANEOUS 1
186 Board's power to decide fee for producing a copy of a document 2
The fee decided by the board under section 40(c), 42(2)(b) or 68(4)(b)19 3
for producing a copy of a document must be not more than the board's 4
reasonable cost of producing the copy. 5
187 Board may authorise investigation of compliance by persons, 6
other than registrants, with Act 7
If the board reasonably suspects a person, other than a registrant or a 8
registrant with the appropriate registration, has contravened section 73, 74, 9
75 or 76,20 the board may authorise an investigation of the suspected 10
contravention. 11
188 Board's power to correct work and recover costs 12
(1) This section applies if-- 13
(a) a disciplinary body, under section 91(3)(c)(i), 119(2)(b)(ii) 14
or 120(2)(b)(i)(B),21 requires or orders a registrant or former 15
registrant to correct a survey; and 16
(b) the person fails to comply with the requirement or order-- 17
(i) if the disciplinary body's decision to make the requirement 18
or order is stayed by a court on an appeal under this Act--as 19
required by the decision of the court on the appeal; or 20
(ii) if subparagraph (i) does not apply--within the period stated 21
in the requirement or order. 22
(2) The board may engage a surveyor to correct the survey. 23
19 Section 40 (Publishing competency frameworks), 42 (Record of accredited entities)
or 68 (Register)
20 Section 73 (Claims by persons as to registration), 74 (Claims by persons as to other
persons' registration), 75 (Carrying out a cadastral survey) or 76 (Carrying on a
business providing cadastral surveying services)
21 Section 91 (Disciplinary action by professional conduct review panel),
119 (Decision about disciplinary action against registrant, other than former
registrant) or 120 (Decision about disciplinary action against former registrant)
s 189 87 s 190
Surveyors Bill 2003
(3) The cost reasonably incurred by the board in engaging the surveyor 1
and correcting the survey is a debt payable by the person to the board. 2
189 Protecting officials from liability 3
(1) An official is not civilly liable for an act done, or omission made, 4
honestly and without negligence under this Act. 5
(2) If subsection (1) prevents a civil liability attaching to an official 6
mentioned in subsection (4)(a) or (b), the liability attaches instead to the 7
State. 8
(3) If subsection (1) prevents a civil liability attaching to an official 9
mentioned in subsection (4)(c) to (f), the liability attaches instead to the 10
board. 11
(4) In this section-- 12
"official" means-- 13
(a) the Minister; or 14
(b) the chief executive; or 15
(c) the chairperson or another board member; or 16
(d) an employee of the board; or 17
(e) an investigator; or 18
(f) a person acting under the direction or authority of an investigator. 19
190 Confidentiality 20
(1) This section applies to a person who, in performing functions under 21
this Act, acquires or acquired information about another person's affairs, 22
including the professional conduct of a registrant or former registrant. 23
(2) The person must not disclose the information to anyone else, unless 24
the disclosure is permitted under subsection (3). 25
Maximum penalty--100 penalty units. 26
(3) The person may disclose the information to someone else-- 27
(a) to the extent necessary to perform the person's functions under 28
this Act; or 29
(b) if the disclosure is to a disciplinary body; or 30
s 191 88 s 192
Surveyors Bill 2003
(c) if the disclosure is authorised under this Act or another Act; or 1
(d) if the disclosure is otherwise required or permitted by law; or 2
(e) if the person to whom the information relates consents to the 3
disclosure; or 4
(f) if the disclosure is in a form that does not disclose the identity of 5
the person to whom the information relates; or 6
(g) if the information is, or has been, accessible to the public, 7
including, for example, because it is or was recorded in the 8
publicly available part of a register; or 9
(h) if the disclosure is to the Minister to allow the Minister to act 10
under paragraph (i); or 11
(i) if the Minister considers the disclosure is in the public interest 12
and authorises the person to disclose the information. 13
(4) If the Minister authorises information to be disclosed under 14
subsection (3)(i) about a matter concerning a registrant, the Minister must 15
inform the board of the authorisation and its purpose. 16
191 Approval of forms 17
The board may approve forms for use under this Act. 18
192 Regulation-making power 19
(1) The Governor in Council may make regulations under this Act. 20
(2) Without limiting subsection (1), a regulation may provide for all or 21
any of the following-- 22
(a) the keeping of a register, including the particulars to be contained 23
in a register; 24
(b) the title that may be used by a registrant or the holder of a 25
registration endorsement to show the type of registration held by 26
the registrant; 27
(c) the type of survey that may be carried out by the holder of a 28
particular registration or registration endorsement; 29
(d) the supervision of persons carrying out surveys; 30
(e) the fees payable under this Act. 31
s 193 89 s 197
Surveyors Bill 2003
(3) A regulation may prescribe a penalty of not more than 20 penalty 1
units for a contravention of the regulation. 2
(4) In this section-- 3
"holder", of a registration or registration endorsement, means the person 4
to whom the registration or registration endorsement is issued. 5
PART 12--TRANSITIONAL PROVISIONS 6
Division 1--Transitional references 7
193 Application of div 1 8
This division applies to references in Acts or documents. 9
194 References to repealed Act 10
A reference to the repealed Act is, if the context permits, taken to be a 11
reference to this Act. 12
195 References to president appointed under repealed Act 13
A reference to the president of the board appointed under the repealed 14
Act is, if the context permits, taken to be a reference to the chairperson. 15
196 References to authorised surveyors 16
A reference to an authorised surveyor is, if the context permits, taken to 17
be a reference to a cadastral surveyor. 18
197 References to surveyor-general 19
A reference to the surveyor-general is, if the context permits, taken to be 20
a reference to the chief executive. 21
s 198 90 s 200
Surveyors Bill 2003
198 References to persons holding column 1 registrations 1
A reference to a person mentioned in column 1 of the table in 2
section 200 is, if the context permits, taken to be a reference to a person 3
mentioned in column 2 of the table opposite the column 1 reference. 4
Division 2--Other transitional provisions 5
199 Continuation of existing members' membership 6
(1) For 6 months after the commencement of section 1222 (the "interim 7
period")-- 8
(a) the existing members continue in office and are taken to have 9
been appointed as members under this Act; and 10
(b) the existing president continues in office and is taken to have 11
been appointed as chairperson under this Act. 12
(2) Despite sections 12 and 21,23 if a casual vacancy occurs in the office 13
of the chairperson or a member during the interim period, the Minister 14
must appoint another person to fill the vacancy for the remainder of the 15
period. 16
(3) Subject to section 15(3),24 at the end of the interim period, the 17
existing president and existing members go out of office. 18
(4) In this section-- 19
"existing members" means the members of the board holding office 20
immediately before the end of the interim period. 21
"existing president" means the person holding office as president 22
immediately before the end of the interim period. 23
200 Existing registrations 24
(1) This section applies to a person who, immediately before the 25
commencement of this section, was registered or held a registration 26
endorsement under the repealed Act for a type of registration or 27
22 Section 12 (Membership of board)
23 Section 21 (Casual vacancy in member's office)
24 Section 15 (Term of appointment)
s 200 91 s 200
Surveyors Bill 2003
registration endorsement mentioned in column 1 of the following table (the 1
"column 1 registration")-- 2
Table 3
column 1 column 2
1. registration as a surveyor under section 37 surveyor
of the repealed Act
2. registration as a surveying graduate under surveying graduate
section 38 of the repealed Act
3. registration as a surveying associate under surveying associate
section 38A of the repealed Act
4. registration endorsement for a licensed cadastral surveyor
surveyor under section 42 of the repealed
Act
5. registration endorsement for a consulting consulting surveyor
surveyor under section 42A of the repealed
Act
6. registration endorsement for an engineering surveyor
engineering surveyor under section 50 of
the repealed Act
7. registration endorsement for a hydrographic surveyor.
hydrographic surveyor under section 50 of
the repealed Act
8. registration endorsement for a mining mining surveyor (A)
surveyor (A) under section 50 of the
repealed Act
9. registration endorsement for a mining mining surveyor (O).
surveyor (O) under section 50 of the
repealed Act
(2) The person is taken to be registered for the type of registration 4
mentioned in column 2 of the table (the "column 2 registration") shown 5
opposite the column 1 registration. 6
s 201 92 s 203
Surveyors Bill 2003
(3) If the column 1 registration was, immediately before the 1
commencement, subject to conditions imposed by a surveyors disciplinary 2
committee established under the repealed Act, the column 2 registration is 3
taken to be subject to the conditions. 4
(4) The column 2 registration continues in force, under this Act, for the 5
remainder of its term. 6
201 Existing applications for column 1 registrations 7
(1) This section applies to an application for a column 1 registration, or 8
renewal of a column 1 registration, made under the repealed Act and not 9
decided before the commencement of this section. 10
(2) The application must be decided under this Act. 11
(3) The application is taken to be for the column 2 registration, or 12
renewal of the column 2 registration, shown opposite the column 1 13
registration. 14
(4) Part 3, divisions 3 and 725 apply to the application. 15
(5) However, sections 45(1)(b) and (c) and 54(2)(b) and (c)26 do not 16
apply to the application. 17
202 Suspended registrations 18
(1) This section applies if a column 1 registration has been suspended 19
and the period of suspension has not ended before the commencement of 20
this section. 21
(2) The suspension is taken to continue under this Act as a suspension of 22
the column 2 registration shown opposite the column 1 registration. 23
203 Approval of business names under repealed Act 24
(1) This section applies if immediately before the commencement of this 25
section-- 26
25 Part 3 (Registration and registration endorsements), divisions 3 (Applications for
registration and registration endorsement) and 7 (Offences about registrations,
registration endorsements and registers)
26 Sections 45 (Procedural requirements for application) and 54 (Application for
renewal)
s 204 93 s 206
Surveyors Bill 2003
(a) there was in force an approval of a business name for an 1
individual under section 47A of the repealed Act; and 2
(b) from the commencement, the individual carries on the business 3
providing surveying services under the approved business name. 4
(2) The individual is taken to have given the board the notice required 5
under section 79(1).27 6
204 Existing code of professional conduct of surveyors 7
(1) This section applies to the code of professional conduct of surveyors 8
in force under the repealed Act immediately before the commencement of 9
this section. 10
(2) Unless it is earlier repealed, the code-- 11
(a) remains in force for 6 months after the commencement; and 12
(b) is taken to be the code of practice for this Act; and 13
(c) is to be read with the changes necessary to make it consistent 14
with this Act and adapt its operation to the provisions of this Act. 15
(3) This section expires 6 months after it commences. 16
PART 13--REPEAL AND AMENDMENTS 17
205 Repeal of Surveyors Act 1977 18
The Surveyors Act 1977 is repealed. 19
206 Other Acts amended 20
Schedule 2 amends the Acts it mentions. 21
27 Section 79 (Notification of business name)
94
Surveyors Bill 2003
SCHEDULE 1 1
DECISIONS FOR WHICH INFORMATION NOTICES 2
MUST BE GIVEN 3
section 163(3) 4
Section Description of decision
49(1) Board's decision to refuse to grant an
application for registration or a
registration endorsement
56(1) Board's decision to refuse to grant an
application for renewal or restoration of
a registration or registration
endorsement
64(2) Board's decision to amend, suspend or
cancel a registration or registration
endorsement
91(3)(c)(i) or (d) or (4) Professional conduct review panel's
decision to take particular disciplinary
action
95
Surveyors Bill 2003
SCHEDULE 2 1
CONSEQUENTIAL AND MINOR AMENDMENTS OF 2
OTHER ACTS 3
section 206 4
ACQUISITION OF LAND ACT 1967 5
1 Section 2-- 6
insert-- 7
` "cadastral surveyor" means a person registered as a cadastral surveyor 8
under the Surveyors Act 2003.'. 9
2 Section 2, definition "chief executive (surveys)"-- 10
omit, insert-- 11
` "chief executive (surveys)" means the chief executive of the department 12
in which the Surveyors Act 2003 is administered.'. 13
3 Section 9(4)(b), 10(3) and 15(3B) and (4A), `an authorised 14
surveyor'-- 15
omit, insert-- 16
`a cadastral surveyor'. 17
BEACH PROTECTION ACT 1968 18
1 Section 36(3), `Surveyors Act 1977'-- 19
omit, insert-- 20
`Survey and Mapping Infrastructure Act 2003'. 21
96
Surveyors Bill 2003
SCHEDULE 2 (continued)
BUILDING UNITS AND GROUP TITLES ACT 1980 1
1 Section 9(8)(a) and (ab), `licensed surveyor registered under the 2
Surveyors Act 1977'-- 3
omit, insert-- 4
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 5
2 Section 9(12)-- 6
omit, insert-- 7
`(12) Each group titles plan lodged for registration must be endorsed 8
with or accompanied by a certificate-- 9
(a) approved under the Survey and Mapping Infrastructure Act 2003; 10
and 11
(b) given by a cadastral surveyor within the meaning of the 12
Surveyors Act 2003; and 13
(c) certifying that the plan is accurate. 14
COAL MINING SAFETY AND HEALTH ACT 1999 15
1 Section 67(6)(a), `Surveyors Act 1977'-- 16
omit, insert-- 17
`Surveyors Act 2003'. 18
97
Surveyors Bill 2003
SCHEDULE 2 (continued)
DIVIDING FENCES ACT 1953 1
1 Section 6(1), definition "registered surveyor"-- 2
omit. 3
2 Section 13, `registered surveyor'-- 4
omit, insert-- 5
`cadastral surveyor'. 6
3 Section 13(2)(a), `pegs'-- 7
omit, insert-- 8
`marks other than marks used by a cadastral surveyor'. 9
4 Section 13(3), `by pegs'-- 10
omit, insert-- 11
`in the way mentioned in subsection (2)(a)'. 12
5 Section 13(4), from `pegs' to `subsection (1)'-- 13
omit, insert-- 14
`marks placed, under subsection (2)(a), by the owner receiving the 15
notice'. 16
6 Section 13-- 17
insert-- 18
`(5) In this section-- 19
"cadastral surveyor" means a cadastral surveyor within the meaning of 20
the Surveyors Act 2003.'. 21
98
Surveyors Bill 2003
SCHEDULE 2 (continued)
EVIDENCE ACT 1977 1
1 Section 3, definition "chief executive (surveys)", `Surveyors Act 2
1977'-- 3
omit, insert-- 4
`Surveyors Act 2003'. 5
LAND ACT 1994 6
1 Section 204(1), `Surveyors Act 1977'-- 7
omit, insert-- 8
`Survey and Mapping Infrastructure Act 2003'. 9
2 Section 352(3)(d)-- 10
omit, insert-- 11
`(d) the plan complies with the Survey and Mapping Infrastructure 12
Act 2003 and has been certified as accurate by a cadastral 13
surveyor within the meaning of the Surveyors Act 2003.'. 14
LAND SALES ACT 1984 15
1 Section 6, definition "licensed surveyor"-- 16
omit, insert-- 17
` "cadastral surveyor" means a cadastral surveyor within the meaning of 18
the Surveyors Act 2003.'. 19
99
Surveyors Bill 2003
SCHEDULE 2 (continued)
2 Sections 9(3)(e)(i) and (ii) and 10A(3)(c) `licensed surveyor'-- 1
omit, insert-- 2
`cadastral surveyor'. 3
LAND TITLE ACT 1994 4
1 Section 50(e), `Surveyors Act 1977' 5
omit, insert-- 6
`Survey and Mapping Infrastructure Act 2003'. 7
2 Section 50(f), `licensed surveyor'-- 8
omit, insert-- 9
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 10
3 Section 165(2), from `Surveyors Act 1977'-- 11
omit, insert-- 12
`Survey and Mapping Infrastructure Act 2003 and must be certified as 13
accurate by a cadastral surveyor within the meaning of the Surveyors 14
Act 2003.'. 15
MINING AND QUARRYING SAFETY AND HEALTH 16
ACT 1999 17
1 Section 58(5)(a), `Surveyors Act 1977'-- 18
omit, insert-- 19
`Surveyors Act 2003'. 20
100
Surveyors Bill 2003
SCHEDULE 2 (continued)
MIXED USE DEVELOPMENT ACT 1993 1
1 Section 125(3), `Surveyors Act 1977'-- 2
omit, insert-- 3
`Survey and Mapping Infrastructure Act 2003'. 4
QUEENSLAND INTERNATIONAL TOURIST CENTRE 5
AGREEMENT ACT REPEAL ACT 1989 6
1 Section 3, definition "surveyor-general", `Surveyors Act 1977'-- 7
omit, insert-- 8
`Surveyors Act 2003'. 9
REGISTRATION OF PLANS (H.S.P. (NOMINEES) PTY. 10
LIMITED) ENABLING ACT 1980 11
1 Section 5(1A)(b), `licensed surveyor under the Surveyors Act 12
1977'-- 13
omit, insert-- 14
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 15
101
Surveyors Bill 2003
SCHEDULE 2 (continued)
REGISTRATION OF PLANS (STAGE 2) (H.S.P. 1
(NOMINEES) PTY. LIMITED) ENABLING ACT 1984 2
1 Section 4(1A)(b), `licensed surveyor under the Surveyors Act 3
1977'-- 4
omit, insert-- 5
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 6
SOUTH BANK CORPORATION ACT 1989 7
1 Section 25(5)(c), `licensed surveyor within the meaning of the 8
Surveyors Act 1977'-- 9
omit, insert-- 10
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 11
2 Section 25A(17), `Surveyors Act 1977'-- 12
omit, insert-- 13
`Surveyors Act 2003'. 14
3 Schedule 7, section 9(1A)(b)(ii) and (8)(b), `licensed surveyor 15
under the Surveyors Act 1977'-- 16
omit, insert-- 17
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 18
4 Schedule 7, section 9(8)(a) and (ab), `licensed surveyor registered 19
under the Surveyors Act 1977'-- 20
omit, insert-- 21
`cadastral surveyor within the meaning of the Surveyors Act 2003'. 22
102
Surveyors Bill 2003
SCHEDULE 3 1
DICTIONARY 2
section 6 3
"accredited entity" means an entity accredited under section 41 for 4
assessing a person's competency. 5
"appealable decision", for part 9, means a decision mentioned in 6
section 169. 7
"applicant" means an applicant for-- 8
(a) registration as a surveyor, surveying graduate, surveying 9
associate or emeritus surveyor; or 10
(b) a registration endorsement. 11
"approved form" means a form approved under section 191. 12
"attendance notice" see section 108. 13
"board" means the Surveyors Board of Queensland established under 14
section 7. 15
"cadastral surveyor" means a surveyor who holds a registration 16
endorsement for carrying out cadastral surveys. 17
"chairperson" means the chairperson of the board appointed under 18
section 14. 19
"code of practice", of the board, means the code of practice approved 20
under section 81. 21
"column 1 registration", for part 12, see section 200(1). 22
"column 2 registration", for part 12, see section 200(2). 23
"competency" means the qualifications, skills, knowledge and experience 24
for-- 25
(a) registration as a surveyor, surveying graduate or surveying 26
associate; or 27
(b) a registration endorsement. 28
103
Surveyors Bill 2003
SCHEDULE 3 (continued)
"competency framework" means a competency framework established 1
under section 39. 2
"consulting surveyor" means a surveyor who holds a registration 3
endorsement for carrying on a business providing surveying services. 4
"corresponding law" means a law applying, or that applied, in another 5
State, the Commonwealth or a foreign country that provides, or 6
provided, for the competency of persons to carry out surveying or a 7
type of survey. 8
"criminal history", of a person, means the convictions recorded against 9
the person for offences, in Queensland or elsewhere, whether before 10
or after the commencement of this Act. 11
"disciplinary action" means any action a disciplinary body may take 12
against a registrant or former registrant under section 86(2)(a), 91, 119 13
or 120. 14
"disciplinary body" means 1 of the following-- 15
(a) the board acting under section 86; 16
(b) a professional conduct review panel; 17
(c) a disciplinary committee. 18
"disciplinary committee" means a surveyors disciplinary committee. 19
"disciplinary condition", of registration, means a condition imposed on 20
the registration under section 119(2)(c) or 120(2)(b)(iii). 21
"disciplinary matter" means a matter that may provide a ground for 22
taking disciplinary action against a registrant or former registrant. 23
"disciplinary proceedings" means proceedings about a disciplinary 24
matter conducted by a disciplinary body under this Act. 25
"emeritus surveyor" means a person registered as an emeritus surveyor. 26
"executive officer", of a corporation, means a person who is concerned 27
with, or takes part in, the corporation's management, whether or not 28
the person is a director or the person's position is given the name of 29
executive officer. 30
"first composition", of the board, means the first composition of the 31
board, other than under section 199, after the commencement of 32
section 12. 33
104
Surveyors Bill 2003
SCHEDULE 3 (continued)
"hearing notice" see section 99. 1
"indictable offence", in relation to a reference to that term as including an 2
indictable offence dealt with summarily, includes an indictable 3
offence dealt with summarily whether or not the Criminal Code, 4
section 65928 applies to the indictable offence. 5
"information notice", about a decision, means a notice stating the 6
following-- 7
(a) the decision; 8
(b) the reasons for the decision; 9
(c) that the applicant may appeal against the decision to the District 10
Court; 11
(d) how the applicant may appeal. 12
"investigator" means a surveyor appointed as an investigator under 13
section 130. 14
"member" means a board member. 15
"place of seizure" see section 149. 16
"profession" means the surveying profession. 17
"professional conduct", of a registrant, means 1 or more of the following 18
relating to the registrant's conduct or practice-- 19
(a) the registrant's competency to carry out surveys; 20
(b) the accuracy or other survey quality achieved by the registrant for 21
a survey; 22
(c) the registrant's compliance with any disciplinary conditions of 23
the registration; 24
(d) the registrant's compliance with this Act, the code of practice, or 25
survey standards made under the Survey and Mapping 26
Infrastructure Act 2003. 27
"professional conduct review panel" see section 89(2)(b)(i). 28
"professional misconduct", of a registrant, means 1 or more of the 29
following relating to the registrant's conduct or practice-- 30
28 Criminal Code, section 659 (Effect of summary conviction for indictable offences)
105
Surveyors Bill 2003
SCHEDULE 3 (continued)
(a) carrying out a survey without the relevant competency; 1
(b) failing to achieve the level of accuracy or other survey quality 2
prescribed under a regulation or required under another Act for a 3
survey; 4
(c) noncompliance with any disciplinary conditions of the 5
registration; 6
(d) noncompliance with this Act, the code of practice, or survey 7
standards made under the Survey and Mapping Infrastructure Act 8
2003. 9
"reasonably believes" means believes on grounds that are reasonable in 10
the circumstances. 11
"reasonably considers" means considers on grounds that are reasonable in 12
the circumstances. 13
"reasonably suspects" means suspects on grounds that are reasonable in 14
the circumstances. 15
"register" means a register kept under section 68. 16
"registered" means registered under this Act. 17
"registrant"-- 18
(a) means a person registered under part 3; and 19
(b) for parts 5 and 6, includes a former registrant. 20
"registration certificate" means a certificate issued for a registration or 21
registration endorsement under this Act. 22
"registration endorsement" means an endorsement on a registrant's 23
registration showing that the registrant has the relevant competency to 24
carry out a particular type of survey or carry on a business providing 25
surveying services. 26
"relevant competency", for a registration or registration endorsement, 27
means the competency required under a competency framework for 28
the registration or registration endorsement. 29
"repealed Act" means the repealed Surveyors Act 1977. 30
"surveying associate" means a person registered as a surveying associate. 31
"surveying graduate" means a person registered as a surveying graduate. 32
106
Surveyors Bill 2003
SCHEDULE 3 (continued)
"surveying services" means services relating to carrying out surveys. 1
"surveyor" means a person registered as a surveyor. 2
"surveyors disciplinary committee" means a surveyors disciplinary 3
committee established under section 94. 4
"survey quality" means the quality of the following-- 5
(a) the way in which the survey is carried out, including the survey 6
marks used; 7
(b) the survey results, including the information collected and the 8
accuracy level achieved; 9
(c) the plan of survey. 10
"Uniform Civil Procedure Rules" means the Uniform Civil Procedure 11
Rules 1999.
© State of Queensland 2003
AMENDMENTS TO BILL
1
Surveyors Bill 2003
SURVEYORS BILL 2003
AMENDMENT AGREED TO IN COMMITTEE
1 Clause 12--
At page 15, lines 13 to 15--
omit, insert--
`(3) A surveyor may be appointed as a member only if the surveyor--
(a) has been registered as a surveyor for periods totalling at least
5 years, including any registration as a surveyor under the
repealed Act; or
(b) has held, for periods totalling at least 5 years, a mine surveyor
certificate granted by the board of examiners under the repealed
Mines Regulation Act 1964 or the repealed Coal Mining Act
1925; or
(c) has been a member, for periods totalling at least 5 years, of a
professional body for surveyors that the Minister considers an
appropriate entity to nominate an individual for appointment.'.
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