Queensland: Surveyors Act 2003 (Qld)

Surveyors Act 2003 An Act to provide for the registration of surveyors, surveying graduates and surveying associates, and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Surveyors Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Purposes of Act (1) The purposes of this Act are— (a) to protect the public by ensuring surveys are carried out by registrants in a professional and competent way; and (b) to uphold the standards of practice within the profession; and (c) to maintain public confidence in the profession. (2) The purposes are to be achieved mainly by— (a) establishing the Surveyors Board of Queensland; and (b) providing for the registration of persons under this Act; and (c) imposing obligations on persons in relation to the practice of the profession; and (d) providing for the investigation of, and conduct of disciplinary proceedings about, registrants' professional conduct; and (e) providing for the monitoring and enforcement of compliance with this Act. 4 Act binds all persons (1) This Act binds all persons, including the State. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. 5 Mutual recognition legislation not affected This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003. 6 Definitions The dictionary in schedule 3 defines particular words used in this Act. Part 2 Surveyors Board of Queensland Division 1 Establishment, functions and powers 7 Establishment of board (1) The Surveyors Board of Queensland is established. (2) The board— (a) is a body corporate; and (b) may sue and be sued in its corporate name. 8 Board's relationship with the State The board does not represent the State. 9 Functions of board The board has the following functions— (a) to establish competency frameworks for qualifying persons for registration and registration endorsements; (b) to accredit entities for assessing the competency of persons under the competency frameworks; (c) to assess applicants for registration and registration endorsements; (d) to register persons and issue registration certificates; (e) to keep a register of registrants; (f) to monitor registrants' compliance with disciplinary conditions of registration; (g) to authorise investigations, whether because of a complaint or on its own initiative, of registrants' professional conduct; (h) to take disciplinary proceedings against registrants; (i) to refer disciplinary matters, for hearing, to professional conduct review panels and QCAT; (j) to perform other functions given to the board under this or another Act. 10 Board's independence etc. In performing its functions, the board must act independently, impartially and in the public interest. 11 Powers of board (1) The board has all the powers of an individual and may, for example, do all or any of the following— (a) enter into contracts; (b) acquire, hold, dispose of, and deal with, property; (c) appoint agents and attorneys; (d) engage consultants; (e) fix fees and charges, and other terms, for services and other facilities it supplies; (f) do anything else necessary or convenient to be done for, or in connection with, its functions. (2) Without limiting subsection (1), the board has the powers given to it under this or another Act. Division 2 Membership 12 Membership of board (1) The board must consist of 9 individuals. (2) Subject to subsection (1), a regulation may require the board to consist of individuals with particular qualifications or experience or who hold a particular type of position. (3) The members must be appointed by the Governor in Council. (4) A person may hold office as a member in conjunction with a public service office. 13 Nominations for appointment to board (1) Before an appointment is made to the board under section 12, the Minister must, by written notice, ask the entities the Minister considers appropriate to nominate a number of individuals who are eligible, under the section, for the appointment. (2) The Governor in Council may, but is not required to, make the appointment from the nominees. 14 Chairperson of board (1) The Governor in Council must appoint a member who is a cadastral surveyor to be the chairperson of the board. (2) A person may be appointed as the chairperson at the same time the person is appointed as a member. (3) The chairperson's term of office ends when the person's term of office as a member ends. (4) A vacancy occurs in the office of chairperson if the person holding the office— (a) resigns the office by signed notice of resignation given to the Minister; or (b) stops being a cadastral surveyor. (5) However, a person resigning the office of chairperson may continue to be a member. (6) If otherwise qualified, the chairperson is eligible for reappointment. (7) If a vacancy occurs in the office of chairperson (the vacating chairperson) during the currency of the chairperson's term of appointment, another member of the board who is a cadastral surveyor may be appointed by the Minister to fill the vacancy. (8) A person's appointment under subsection (7) continues until the earlier of the following— (a) the day the remainder of the vacating chairperson's term of appointment ends; (b) the day the Governor in Council appoints a new chairperson under this section. 15 Term of appointment (1) Each member of the board is appointed for a term of not more than 3 years, stated in the member's instrument of appointment. (2) Despite subsection (1), a member continues holding office after the member's term of office ends until the member's successor is appointed. 16 Disqualification from membership A person can not become, or continue as, a member if the person— (a) is an insolvent under administration; or (b) is, or has been, convicted of an indictable offence (including an indictable offence dealt with summarily) or an offence against this Act or the repealed Act and the conviction is not a spent conviction. 17 Investigations about eligibility for appointment (1) The chief executive may make investigations about a person included in the panel of nominees to decide whether the person is eligible for appointment to the board. (2) Without limiting subsection (1), the chief executive may ask the commissioner of the police service for a written report about the criminal history of the person. (3) The commissioner must give the report to the chief executive. (4) However, the report is required to contain only criminal history in the commissioner's possession or to which the commissioner has access. 18 Criminal history is confidential document (1) An officer, employee or agent of the department must not, directly or indirectly, disclose to anyone else a report, or information contained in a report, given under section 17. Maximum penalty for subsection (1)—100 penalty units. (2) However, the officer, employee or agent does not contravene subsection (1) if— (a) disclosure of the report or information to someone else is authorised by the chief executive to the extent necessary to perform a function under or in relation to this Act; or (b) the disclosure is otherwise required or permitted by law. (3) The chief executive must destroy the report as soon as practicable after considering the person's eligibility for appointment to the board. 19 Vacation of office (1) A member is taken to have vacated office if the member— (a) dies; or (b) resigns his or her office on the board by signed notice of resignation given to the Minister; or (c) can not continue as a member under section 16; or (d) is absent without the board's permission, or the Minister's approval given under section 22(1), from 3 consecutive ordinary meetings of the board of which proper notice has been given; or (e) was appointed because the member had particular qualifications or experience, or held a particular type of position, and the member stops having the qualifications or experience or holding a position of that type. (2) Subsection (1)(e) does not apply if, despite the member no longer having the qualifications or experience or holding a position of that type, the membership of the board still complies with section 12(2). (3) In this section— meeting, of the board, means the following— (a) if the member does not attend—a meeting with a quorum present; (b) if the member attends—a meeting with or without a quorum present. 20 When notice of resignation takes effect A notice of resignation mentioned in section 14(4)(a) or 19(1)(b) takes effect when the notice is received by the Minister or, if a later time is stated in the notice, the later time. 21 Casual vacancy in member's office (1) If a vacancy occurs in the office of a member (the vacating member) during the currency of the member's term of appointment, another person (the new member) must be appointed by the Minister to fill the vacancy. (2) The new member's appointment continues for the remainder of the vacating member's term of appointment. (3) If the vacating member had particular qualifications or experience, or held a particular type of position, required under section 12(2), the new member must have the same qualifications or experience or hold a position of the same type. 22 Leave of absence for a member (1) The Minister may approve a leave of absence for a member of more than 3 months. (2) The Minister may appoint another person to act in the office of the member while the member is absent on the approved leave. (3) If the member has particular qualifications or experience, or holds a particular type of position, required under section 12(2), the person appointed must have the same qualifications or experience or hold a position of the same type. 23 Effect of vacancy or irregularity in membership of board Despite section 12, the performance of a function or exercise of a power by the board is not affected merely because of a vacancy or irregularity in the membership of the board. 24 Remuneration and other entitlements of members (1) A member is entitled to be paid the fees and allowances decided by the Governor in Council. (2) A member is also entitled to be reimbursed the reasonable amounts, approved by the board, for the member's out of pocket expenses necessarily incurred in performing the member's duties for the board. Division 3 Board business 25 Conduct of business Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate. 26 Times and places of meetings (1) Board meetings must be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least 2 members. 27 Quorum A quorum for the board is a majority of the members at the time the meeting is held. 28 Presiding at meetings (1) The chairperson must preside at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent from a board meeting or the office is vacant, a member chosen by the members present must preside. 29 Conduct of meetings (1) A question at a board meeting is decided by a majority of the votes of the members present. (2) Each member present at the meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote. (3) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between the members taking part in the meeting. Example of technology allowing reasonably contemporaneous and continuous communication— teleconferencing (4) A member who takes part in a board meeting under subsection (3) is taken to be present at the meeting. (5) A resolution is validly made by the board, even if it is not passed at a board meeting, if— (a) a majority of the members gives written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 30 Minutes (1) The board must keep— (a) minutes of its meetings; and (b) a record of any resolutions made under section 29(5). (2) The board must record in the minutes of an ordinary meeting, the names of the members who attended the meeting. (3) The board must record a member's vote in the minutes of a meeting if— (a) a resolution is passed at the meeting by a majority of the members present; and (b) the member asks that the vote be recorded. Division 4 Disclosure of interests by members 31 Disclosure of interests (1) This section applies to a member if— (a) the member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and (b) the interest could conflict with the proper performance of the member's duties about the consideration of the issue. (2) As soon as practicable after the relevant facts come to the member's knowledge, the member must disclose the nature of the interest to a board meeting. (3) Unless the board otherwise directs, the member must not— (a) be present when the board considers the issue; or (b) take part in a decision of the board about the issue. (4) The member must not be present when the board is considering whether to give a direction under subsection (3). (5) If there is another person who must, under subsection (2), also disclose an interest in the issue, the other person must not— (a) be present when the board is considering whether to give a direction under subsection (3) about the member; or (b) take part in making the decision about giving the direction. (6) Subsection (7) applies if— (a) because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and (b) there would be a quorum if the member were present. (7) The remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting. (8) A disclosure under subsection (2) must be recorded in the board's minutes. (9) A member does not have a direct or indirect interest in an issue if the interest arises merely because the person is a surveyor. Division 5 Directions by Minister 32 Minister's power to give directions in the public interest (1) The Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary, in the public interest, to give the direction. (2) Without limiting subsection (1), the direction may be— (a) to give reports and information; or (b) to apply to the board a policy, standard or other instrument applying to a public sector unit. (3) The direction can not be about any of the following— (a) registering, or refusing to register, an applicant; (b) endorsing, or refusing to endorse, a registration certificate; (c) renewing, or refusing to renew, a registration or registration endorsement; (d) imposing conditions on, or removing disciplinary conditions of, a registration; (e) otherwise amending, or suspending or cancelling a registration. (4) Despite section 10, the board must comply with the direction. Division 6 Annual report 33 Matters to be included in annual report (1) The board's annual report under the Financial Accountability Act 2009 for a financial year must include— (a) copies of all ministerial directions given to the board under section 32 during the financial year; and (b) the number of registrants at the end of the financial year. (2) However, the board must exclude from the copies mentioned in subsection (1)(a) all information likely to identify a person mentioned in the direction. Division 7 Other provisions about the board 34 Board is a statutory body under the Financial Accountability Act 2009 The board is a statutory body under the Financial Accountability Act 2009. 35 Board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982 (1) The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. Part 3 Registration and registration endorsements Division 1 Eligibility 36 Eligibility for registration or registration endorsement—individuals (1) An individual may be registered as 1 of the following— (a) a surveyor, with or without 1 or more registration endorsements; (b) a surveying graduate; (c) a surveying associate; (d) an emeritus surveyor. (2) An individual is eligible for a registration mentioned in subsection(1)(a) to (c) if— (a) the individual— (i) has, within 1 year before applying for the registration, been assessed under this Act, the repealed Act or a corresponding law as having the relevant competency; or (ii) under a corresponding law, holds a registration equivalent to the registration sought; and (b) the board is satisfied the individual is a suitable person to hold the registration or registration endorsement; and (c) for a registration with a registration endorsement as a consulting surveyor, the individual— (i) has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and (ii) either— (A) takes out and maintains the insurance cover prescribed under a regulation; or (B) is covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor. (3) An individual may be registered as an emeritus surveyor if the individual— (a) has been, but is no longer, registered as a surveyor under this Act, the repealed Act or a corresponding law; and (b) is a suitable person to be registered as an emeritus surveyor; and (c) otherwise meets the criteria prescribed under a regulation. 37 Suitability of individual for registration or registration endorsement In deciding whether an individual is a suitable person for section 36(2)(b) or (3)(b), the board must consider all relevant matters including the individual's reputation, having regard to character, honesty and integrity. 38 Eligibility for registration and registration endorsement—corporations (1) A corporation may be registered as a surveyor with a registration endorsement as a consulting surveyor, with or without any other registration endorsements. (2) A corporation is eligible for registration if the corporation— (a) is incorporated in Australia; and (b) has, within 1 year before applying for the registration, been assessed under this Act as having the relevant competency; and (c) takes out and maintains the insurance cover prescribed under a regulation; and (d) complies with subsection (3). (3) The corporation must employ or have as one of its executive officers— (a) a surveyor who holds a registration endorsement as a consulting surveyor; and (b) if the corporation requires an endorsement other than as a consulting surveyor—a surveyor who holds the registration endorsement required. Division 2 Competency assessment Subdivision 1 Competency frameworks 39 Establishing competency frameworks (1) The board must establish the competency frameworks appropriate for the qualifications, skills, knowledge and experience needed for— (a) registration as a surveyor, surveying graduate or surveying associate; or (b) a registration endorsement. (2) In establishing a competency framework, the board must consult with the entities considered by the board as having appropriate knowledge and experience in the relevant type of surveying. (3) A competency framework is a statutory instrument, but is not subordinate legislation. (4) A competency framework has effect when it is published as required under section 40(a). 40 Publishing competency frameworks The board must— (a) publish the competency frameworks on the board's website on the internet; and Editor's note— The board's website on the internet is . (b) keep a copy of each competency framework and any document applied, adopted or incorporated by the framework available for inspection without charge, during normal business hours at the board's office; and Editor's note— The board's office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill. (c) if asked by a person and on payment of any fee decided by the board, give the person a copy of a competency framework. Subdivision 2 Accredited entities 41 Accreditation of entities for assessing competency (1) The board may enter into a written agreement with an entity for accreditation of the entity for assessing the competency of persons. (2) The matters covered by the agreement may include amounts payable by the board to the entity for the assessment. 42 Record of accredited entities (1) The board must keep a record stating each of the following— (a) the name of each accredited entity; (b) the contact details for the entity; (c) the type of competency for which the entity is accredited. (2) The board must— (a) keep the record available for inspection, without charge, during normal business hours at the board's office; and (b) if asked by a person and on payment of any fee decided by the board, give the person a copy of all or part of the record. Subdivision 3 Assessing competency 43 Who may assess competency (1) The board, or an accredited entity, (the assessing entity) may assess a person's competency. (2) The assessing entity— (a) may decide the procedure to be used by the entity for the assessment; and (b) must ensure details of the procedure are readily available to any person. (3) The assessing entity must, if asked by a person, give details of the procedure to the person. (4) The procedure may include 1 or more of the following— (a) training a person under an agreement (a professional training agreement) entered into between the board, the person and a surveyor who supervises the training; (b) assessing a person's surveying project (a professional assessment project); (c) assessing a person's skills and experience (competence equivalence). (5) Subsection (4) does not limit the procedures that may be decided under subsection (2)(a). 44 Application for competency assessment (1) A person may apply to the board, or an accredited entity, for assessment of the person's competency. (2) The application must be made in the way, and be accompanied by the assessment fee, prescribed under a regulation. (3) The assessment fee may consist of a fee for 1 or more of the following— (a) lodging the application; (b) varying or relodging a professional training agreement; (c) assessing and reporting on training under a professional training agreement; (d) assessing a professional assessment project; (e) assessing competence equivalence. Division 3 Applications for registration and registration endorsement 45 Procedural requirements for application (1) An application for registration or a registration endorsement must be— (a) made to the board; and (b) in the approved form; and (c) accompanied by— (i) the application fee prescribed under a regulation; and (ii) the registration fee prescribed under a regulation; and (iii) any documents, identified in the approved form, the board reasonably requires for deciding the application. (2) An application, other than an application for registration of a corporation or as an emeritus surveyor, must also be accompanied by— (a) satisfactory evidence of the applicant's relevant competency; and (b) for an applicant who is registered under a corresponding law—details of any conditions of the registration. (3) In addition, an application by an individual for a registration endorsement as a consulting surveyor must be accompanied by satisfactory evidence that the applicant— (a) has taken out and maintains the insurance cover prescribed under a regulation; or (b) will be covered for the period of registration by insurance cover taken out and maintained by a corporation that is a consulting surveyor. (4) Information in an application must, if the approved form requires, be verified by a statutory declaration. (5) The approved form must provide for the applicant to indicate whether, if the application is granted, the applicant consents to the applicant's address being included in the publicly available part of a register. 46 Additional requirements for application by corporation (1) An application for registration of a corporation must also be accompanied by satisfactory evidence that the corporation— (a) is incorporated in Australia; and (b) has taken out and maintains the insurance cover prescribed under a regulation. (2) An application for a registration endorsement for a corporation must also be accompanied by satisfactory evidence that— (a) a surveyor employed by or an executive officer of the corporation holds a registration endorsement as a consulting surveyor; and (b) if the application is for a registration endorsement other than an endorsement as a consulting surveyor—a surveyor employed by or an executive officer of the corporation holds the registration endorsement. 47 Additional requirements for application for registration as an emeritus surveyor An application for registration as an emeritus surveyor must also be accompanied by— (a) satisfactory evidence of the applicant's previous registration as a surveyor, including the period for which the applicant was registered; and (b) any other documents, identified in the approved form, the board reasonably requires for deciding the application. 48 Board's powers before deciding application (1) Before deciding an application, the board may, by written notice given to the applicant, ask the applicant for any further information or document the board reasonably requires to decide the application. (2) The notice must state a reasonable period of at least 10 business days after it is given (the stated period) within which the information or document must be given. (3) The board may require the information or document to be verified by a statutory declaration. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period. (5) A notice under subsection (1) must be given to the applicant within 10 business days after the board receives the application. 49 Deciding application (1) The board must consider the application and decide to grant, or refuse to grant, the application. (2) However, the board may grant the application only if the board is satisfied the applicant is eligible under division 1 for the registration or registration endorsement for which the application is made. 50 Steps to be taken after application decided (1) If the board decides to grant the application, it must, as soon as practicable after making the decision, issue a registration certificate to the applicant. (2) If the board decides to refuse to grant the application, it must as soon as practicable after making the decision— (a) give the applicant an information notice about the decision; and (b) refund the registration fee paid by the applicant. 51 Term of registration or registration endorsement (1) A registration or registration endorsement is given for the term of not longer than 12 months— (a) starting on the day, stated in the registration certificate, on which the certificate is issued; and (b) written notice of which is given to the registrant when the certificate is issued. (2) A registration endorsement can not be given for a term longer than the term of the registration to which it relates. (3) At the end of the term of the registration, the registration and any current registration endorsement on it expires. (4) However, if an application for renewal of the registration is made before the term of the registration expires, the registration and any current registration endorsement on it is taken to continue until the application is decided. 52 Registration certificate (1) A registration certificate must— (a) be in the approved form; and (b) state— (i) for registration of an individual—the registrant's name; or (ii) for registration of a corporation—the corporation's name and ACN. (2) The certificate must also state the day on which it is issued. 53 Failure to decide application (1) The board is taken to have decided to refuse to grant an application if— (a) unless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or (b) the board— (i) under section 48, required the applicant to give the board further information or a document; and (ii) fails to decide the application within 40 business days after receiving the information or document. (2) As soon as practicable after it is taken to have made the decision, the board must refund the registration fee paid by the applicant. (3) The board need not give an applicant an information notice for a decision taken to have been made under this section. Division 4 Renewing registration and registration endorsement 54 Application for renewal (1) A registrant may renew his or her registration or registration endorsement. (2) An application for the renewal must be— (a) made to the board before the registration or registration endorsement expires; and (b) in the approved form; and (c) accompanied by— (i) satisfactory evidence of the applicant's relevant competency; and (ii) the registration fee prescribed under a regulation. (3) If the application is made later than 1 month before the registration expires, the application must also be accompanied by the fee, prescribed under a regulation, for the late application. 55 Board's powers before deciding application (1) Before deciding the application, the board may, by written notice given to the applicant, ask the applicant for any further information or document the board reasonably requires to decide the application. (2) The notice must state a reasonable period of at least 10 business days after it is given (the stated period) within which the information or document must be given. (3) The board may require the information or document to be verified by a statutory declaration. (4) The applicant is taken to have withdrawn the application if the applicant does not comply with the requirement within the stated period. (5) A notice under subsection (1) must be given to the applicant within 10 business days after the board receives the application. (6) The board may also ask the chief executive for statistical information held by the chief executive about the quality of surveys carried out by the registrant to help the board decide the continued suitability of the applicant for the registration or registration endorsement. (7) The chief executive must comply with a request under subsection (6). 56 Deciding application (1) The board must consider the application and decide to grant, or refuse to grant, the application. (2) However, the board may grant the application only if the board is satisfied the applicant is eligible under division 1 for the registration or registration endorsement for which the application is made. 57 Steps to be taken after application decided (1) If the board decides to grant the application, it must, as soon as practicable after making the decision, give the applicant a written notice stating— (a) the board's decision; and (b) the term for which the registration or registration endorsement is renewed. (2) If the board decides to refuse to grant the application, it must as soon as practicable after making the decision— (a) give the applicant an information notice about the decision; and (b) refund the registration fee paid by the applicant. 58 Failure to decide application (1) The board is taken to have decided to refuse to grant the application if— (a) unless paragraph (b) applies, the board fails to decide the application within 40 business days after receiving it; or (b) the board— (i) under section 55, required the applicant to give the board further information or a document; and (ii) fails to decide the application within 40 business days after receiving the information or document. (2) As soon as practicable after it is taken to have made the decision, the board must refund the registration fee paid by the applicant. (3) The board need not give an applicant an information notice for a decision taken to have been made under this section. Division 5 Restoring expired registrations and registration endorsements 59 When application to restore registration or registration endorsement may be made (1) If a person's registration or registration endorsement has expired, the person may, within 3 months after the expiry, apply to the board for restoration of the registration or registration endorsement. (2) Despite subsection (1), the board may accept an application for restoration of a registration or registration endorsement made more than 3 months after the expiry if the board is satisfied it would be reasonable in all the circumstances to accept the application. 60 Procedural requirements for applications to restore registration or registration endorsement (1) The application must— (a) be in the approved form; and (b) be accompanied by— (i) the fee prescribed under a regulation; and (ii) any documents, identified in the approved form, the board reasonably requires to decide the application. (2) Information in the application must, if the approved form requires, be verified by a statutory declaration. 61 Previous conditions continue for expired registration or registration endorsement If the board decides to restore the applicant's registration or registration endorsement, it is subject to the conditions attaching to it immediately before its expiry. 62 How division 4 applies for applying to restore registration or registration endorsement For restoring a registration or registration endorsement, division 4, other than section 54(2)(a), applies as if— (a) an application for renewal of a registration or registration endorsement were an application for restoration of a registration or registration endorsement; and (b) an applicant for renewal of a registration or registration endorsement were an applicant for restoration of a registration or registration endorsement; and (c) a renewal of a registration or registration endorsement were a restoration of a registration or registration endorsement. Division 6 Amending, suspending, cancelling and surrendering registrations and registration endorsements 63 Amending, suspending or cancelling registration or registration endorsement (1) The board may amend, suspend or cancel a registration or registration endorsement if— (a) the board reasonably believes— (i) the registration or registration endorsement was obtained because of incorrect or misleading information; or (ii) the registrant has contravened a disciplinary condition of registration; or (iii) the registrant is no longer eligible for the registration; or (b) the registrant is convicted of an offence against this Act or the repealed Act. (2) Also— (a) if the registrant's equivalent registration under a corresponding law is suspended, the board may amend or suspend the registrant's registration or registration endorsement; or (b) if the registrant's equivalent registration under a corresponding law is cancelled, the board may amend, suspend or cancel the registrant's registration or registration endorsement; or (c) if the registrant fails to pay an amount that is payable by the registrant to the board under section 91(5) or 119(3), the board may suspend the registrant's registration or registration endorsement until the amount is paid. (3) In addition, the board may amend a registration or registration endorsement at the request of the registrant. 64 Procedure for amendment, suspension or cancellation (1) If the board reasonably believes it is necessary or desirable to amend, suspend or cancel a registration or registration endorsement (the proposed action), other than at the request of the registrant, the board must give the registrant a written notice that states each of the following— (a) the proposed action; and (b) the ground for the proposed action; and (c) an outline of the facts and circumstances forming the basis for the ground; and (d) if the proposed action is amendment of the registration or registration endorsement—the proposed amendment; and (e) if the proposed action is suspension of the registration or registration endorsement—the proposed suspension period; and (f) an invitation to show, within a stated period of at least 20 business days, why the proposed action should not be taken. (2) If, after considering all written representations made within the stated period, the board still considers the ground to take the proposed action exists, the board may— (a) if the proposed action was to amend the registration or registration endorsement—amend it in the way stated in the notice; or (b) if the proposed action was to suspend the registration or registration endorsement for a specified period—suspend it for not longer than the proposed suspension period; or (c) if the proposed action was to cancel the registration or registration endorsement—either cancel it or suspend it for a period. (3) The board must inform the registrant of the decision by written notice. (4) If the board decides to amend, suspend or cancel the registration or registration endorsement, the notice must be an information notice. (5) A decision to amend, suspend or cancel the registration takes effect on the later of— (a) the day when the information notice is given to the registrant; or (b) the day of effect stated in the information notice. (6) The effect of an amendment does not depend on the amendment being noted on the registration certificate. 65 Effect of suspension on renewal If a registration or registration endorsement is suspended, it may be renewed but continues to be suspended until the end of the suspension period. 66 Returning registration certificate on cancellation of registration or registration endorsement If the board cancels a person's registration or registration endorsement, the person must, within 10 business days after receiving an information notice about the cancellation, return the person's registration certificate to the board, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. 67 Surrendering registration or registration endorsement A registrant may surrender the person's registration or registration endorsement by returning the registration certificate and giving written notice of surrender to the board. Division 7 Register 68 Register (1) The board must keep a register for surveyors, surveying graduates, surveying associates and emeritus surveyors. (2) A register may be kept in the way the board considers appropriate, including, for example, in an electronic form. (3) A register must contain the particulars prescribed under a regulation and may include other particulars decided by the board. (4) A person may— (a) free of charge, inspect the information contained in the publicly available part of a register at the board's office during normal business hours; and Editor's note— The board's office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill. (b) on payment of any fee decided by the board, obtain a copy of the information from the board. (5) A registrant's address may be contained in the publicly available part of a register only with the registrant's written consent. (6) The board may publish details contained in the publicly available part of a register at the times and in the way decided by the board. Division 8 Offences about registrations, registration endorsements and registers 69 False or misleading information given by applicant A person, in making an application for registration or a registration endorsement, must not state anything to the board that the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. 70 False or misleading documents given by applicant (1) A person, in making an application for registration or a registration endorsement, must not give the board a document containing information the person knows is false or misleading in a material particular. Maximum penalty—50 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the board, to the best of the person's ability, how it is false or misleading; and (b) gives the correct information to the board if the person has, or can reasonably obtain, the correct information. 71 Offences about register A person must not, without a reasonable excuse— (a) make, cause to be made, or agree to the making of, a false or misleading entry in a register; or (b) produce or tender in evidence a document falsely purporting to be— (i) a document, or a copy of an extract from an document, given to the board under this part; or (ii) a copy of, or extract from, an entry in a register. Maximum penalty—50 penalty units. 72 Notice of change in circumstances (1) Within 20 business days after a change in a registrant's circumstances prescribed under a regulation, the registrant must give the board written particulars of the change. Maximum penalty—20 penalty units. (2) In this section— change, in a registrant's circumstances— (a) means a change affecting the registrant's registration or details contained in the relevant register; but (b) does not include a change in the business name under which the registrant carries on a business providing surveying services. 73 Claims by persons as to registration (1) A person who is not a registrant must not claim to hold, or hold himself or herself out as holding, a registration or registration endorsement. Maximum penalty—100 penalty units. (2) A registrant must not falsely claim to hold— (a) a registration or registration endorsement; or (b) if disciplinary conditions have been imposed on the registrant's registration, a registration without the conditions. Maximum penalty—100 penalty units. (3) A person does not contravene subsection (1) or (2) merely because the person carries out a survey. 74 Claims by persons as to other persons' registration A person must not hold out another person as holding a registration or registration endorsement if the person knows, or ought reasonably to know, the other person does not hold the registration or registration endorsement. Maximum penalty—100 penalty units. Example— A person carrying on a business providing surveying services must not hold out that an employee of the person is registered if the person knows the employee is not registered. 75 Carrying out cadastral surveys (1) A person who is not a registrant must not carry out a cadastral survey. Maximum penalty—100 penalty units. (2) A person who is a registrant must not carry out a cadastral survey if the person is not a cadastral surveyor. Maximum penalty—100 penalty units. (3) However, a person does not commit an offence against subsection (2) if— (a) the person carries out the cadastral survey under the supervision of a cadastral surveyor; and (b) the level of supervision by the cadastral surveyor complies with a guideline mentioned in section 188A(2)(a). (4) In this section— registrant does not include an emeritus surveyor. 76 Carrying on a business providing cadastral surveying services (1) A person who is not a consulting cadastral surveyor must not carry on a business providing services relating to carrying out cadastral surveys. Maximum penalty—50 penalty units. (2) A person who is not a consulting cadastral surveyor must not charge a fee for carrying out a cadastral survey. Maximum penalty—50 penalty units. 77 Compliance with disciplinary conditions A registrant must comply with any disciplinary conditions of the registrant's registration. Maximum penalty—50 penalty units. Division 9 Miscellaneous 78 Replacement or duplication of registration certificate (1) A registrant may apply to the board for a replacement or duplicate registration certificate. (2) The application must be— (a) made in the approved form; and (b) accompanied by the fee prescribed under a regulation. Part 4 Obligations of registrants and other persons Division 1 General 79 Notification of business name (1) A registrant, before carrying on a business providing surveying services under a business name other than the registrant's own name, must give the board written notice of the business name. Maximum penalty—20 penalty units. (2) Subsection (1) applies whether or not the business name is— (a) registered on the register established and maintained under the Business Names Registration Act 2011 (Cwlth), section 22; or (b) held under the Business Names Registration Act 2011 (Cwlth), section 54; or (c) held under the Business Names Registration (Transitional and Consequential Provisions) Act 2011 (Cwlth), schedule 1, item 5. Note— See also the Business Names Registration Act 2011 (Cwlth), section 18 (Offence—carrying on a business under an unregistered business name). (3) Within 10 business days after changing the business name notified under subsection (1), the registrant must give the board written notice of the change. Maximum penalty, for an individual or corporation—10 penalty units. Division 2 Code of practice and other matters about professional conduct 80 Board must develop a code of practice (1) The board must develop a written code of practice to provide guidance to registrants about appropriate professional conduct. (2) In developing or amending the code, the board must consult with each of the following— (a) the chief executive; (b) entities considered by the board as representing the interests of surveyors in the State; (c) universities and training institutions— (i) established in Queensland; and (ii) engaged in the education of students for the profession; (d) any other entity the Minister directs the board to consult with. (3) Subsection (2) does not limit the entities the board may consult with in developing or amending the code. (4) The board must regularly review the code. (5) The code of practice is a statutory instrument, but is not subordinate legislation. 81 When code of practice has effect (1) The code of practice, or an amendment of it, has no effect until it is approved by the Minister by gazette notice. (2) The gazette notice is not subordinate legislation. 82 Inspection and notification of code (1) The board must— (a) publish the code of practice on the board's website on the internet; and Editor's note— The board's website on the internet is . (b) keep copies of the code open for inspection at the board's office by members of the public during ordinary office hours. Editor's note— The board's office is at Kenlynn Centre, Unit 18, Level 4, 457 Upper Edward Street, Spring Hill. (2) Also, the board must ensure registrants are notified of the approval of the code and any amendment of it. 83 Use of code of practice in disciplinary proceedings (1) The code of practice is admissible as evidence in disciplinary proceedings brought by the board against a registrant. (2) However, the code may only be used to provide evidence of appropriate professional conduct or practice for the registrant. (3) Subsection (2) does not prevent a matter not dealt with in the code being a matter about which disciplinary proceedings may be brought against a registrant. 84 Certificates etc. not to be false or misleading A registrant must not, in the registrant's professional capacity, sign or give to another person a certificate, notice, report or other document the registrant knows is false or misleading in a material particular. Maximum penalty—50 penalty units. Part 5 Complaints and investigations about registrants' professional conduct Division 1 Complaints and investigation 85 Complaints about registrant's professional conduct (1) A person who is aggrieved by a registrant's conduct in carrying out, or in relation to, a survey may make a written complaint about the conduct to the board. (2) The board may reject the complaint if it reasonably believes the complaint is frivolous, vexatious or trivial. (3) If the chief executive of the department in which the Survey and Mapping Infrastructure Act 2003 is administered reasonably believes a surveyor has not complied with the survey standards under that Act or the repealed Act, the chief executive may refer the matter to the board. 86 Board's power to deal with matter without investigation of the registrant's professional conduct (1) This section applies if the board reasonably suspects a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant. (2) The board, by written notice given to the registrant, may ask the registrant to attend before the board or 1 or more of its members acting for the board to give information, answer questions or produce a document the board reasonably requires to decide— (a) whether the board, without authorising an investigation of the registrant's professional conduct, can satisfactorily deal with the matter by— (i) cautioning, advising or reprimanding the registrant; or (ii) with the consent of the registrant, requiring the registrant, at the registrant's expense— (A) to correct a survey to which the matter relates; or (B) to undergo appropriate training, or competency assessment under part 3, division 2; or (b) whether to authorise an investigation of the registrant's professional conduct. (3) The board may, but is not required to, ask the chief executive for any information or document relevant to helping the board decide whether to make a request under subsection (2). (4) If the board makes the request, the registrant is not required to comply with it. (5) If the registrant complies with the request, the registrant is not required to give information, answer a question or produce a document, if giving the information, answering the question or producing the document might tend to incriminate the registrant. (6) If the registrant complies with the request and the board decides it can satisfactorily deal with the matter in a way stated in subsection (2)(a), it may deal with the matter in the stated way. 87 Board may authorise investigation of registrant's professional conduct (1) This section applies if— (a) the board reasonably believes a registrant has engaged in professional misconduct, whether or not a complaint has been made under section 85 about the registrant's professional conduct; or (b) the registrant has not complied with a request made under section 86(2). (2) The board may— (a) deal with the matter in a way mentioned in section 86(2)(a); or (b) authorise an investigation of the registrant's professional conduct. Division 2 Action following investigation Subdivision 1 Investigator's report and board's decision on investigation 88 Investigator's report about investigation As soon as practicable after completing an investigation of a registrant's professional conduct, the investigator must give the board a written report about the investigation. 89 Board's decision on investigation (1) This section applies if, after considering the report, the board reasonably believes the registrant has engaged in professional misconduct. (2) The board, as it considers appropriate in the circumstances, may decide— (a) to deal with the matter in a way mentioned in section 86(2)(a); or (b) to refer the matter to either— (i) a panel comprising the board or 4 or more of its members (a professional conduct review panel) for dealing with the matter under section 91; or (ii) QCAT for dealing with the matter under part 6. (3) In making a decision under subsection (2), the board must have regard to each of the following— (a) the purposes of this Act and, in particular, the purpose mentioned in section 3(1)(a); (b) the seriousness of the matter reported on. (4) In deciding the professional conduct review panel for subsection (2)(b)(i), the board must have regard to the nature of the matter investigated and the qualifications and experience of the members constituting the panel. (5) A referral under subsection (2)(b)(ii) must be made as provided under the QCAT Act. 90 Board's notice, and implementation, of its decision on investigation As soon as practicable after deciding to refer the matter to a professional conduct review panel, the board must— (a) give written notice of the decision to— (i) the registrant; and (ii) if the investigation was the result of a complaint, the complainant; and (b) refer the matter to a professional conduct review panel. Subdivision 2 Taking disciplinary action 91 Disciplinary action by professional conduct review panel (1) A professional conduct review panel to whom the board has referred a matter about a registrant must decide, having regard to the circumstances of the case and seriousness of the matter— (a) whether any disciplinary action should be taken against the registrant; and (b) what disciplinary action mentioned in subsection (3) to take. (2) The panel must decide the matter in the way the panel considers appropriate, but must observe natural justice. (3) The panel may decide to do 1 or more of the following— (a) not take any disciplinary action against the registrant; (b) caution or reprimand the registrant; (c) require the registrant, at the registrant's expense— (i) to correct a survey to which the matter relates within the reasonable period stated in the requirement; or (ii) to undergo appropriate training, or competency assessment under part 3, division 2; (d) order the registrant to pay to the board a fine of an amount not more than the equivalent of 100 penalty units. (4) In addition to taking any disciplinary action, the panel may order the registrant to pay to the board the amount of the costs of and incidental to the proceeding, including the cost of the investigation that preceded the proceeding. (5) An amount ordered to be paid under subsection (3)(d) or (4) is a debt payable by the registrant to the board. (6) As soon as practicable after making its decision, the panel must give written notice of the decision and the reasons for the decision to— (a) the registrant; and (b) if the investigation was the result of a complaint, the complainant. (7) If the panel makes a decision under subsection (3)(c)(i) or (d) or orders the registrant to pay an amount under subsection (4), the notice must be an information notice. 92 Protection against self-incrimination A registrant is not required to produce to a professional conduct review panel a document or thing, or to answer a question asked by the panel, if producing the document or thing or answering the question might tend to incriminate the registrant. 93 [Repealed] Part 6 Disciplinary proceedings by QCAT 94 Jurisdiction of QCAT QCAT has jurisdiction to hear and decide disciplinary proceedings referred by the board under section 89(2)(b)(ii). 95 [Repealed] 96 [Repealed] 97 [Repealed] 98 [Repealed] 99 [Repealed] 100 [Repealed] 101 [Repealed] 102 [Repealed] 103 [Repealed] 104 [Repealed] 105 [Repealed] 106 [Repealed] 107 [Repealed] 108 [Repealed] 109 [Repealed] 110 [Repealed] 111 [Repealed] 112 [Repealed] 113 [Repealed] 114 [Repealed] 115 [Repealed] 116 [Repealed] 117 [Repealed] 118 Decision about whether ground for disciplinary action is established (1) In making a decision about whether a registrant has engaged in professional misconduct, QCAT must have regard to— (a) the code of practice; and (b) any relevant survey standard or survey guideline made under the Survey and Mapping Infrastructure Act 2003; and (c) any relevant previous decision by a disciplinary body of which QCAT is aware. (2) Subsection (1) does not limit the matters QCAT may consider in making its decision. 119 Decision about disciplinary action against registrant, other than former registrant (1) This section does not apply to a former registrant. (2) If QCAT decides the registrant has engaged in professional misconduct, QCAT may do all or any of the following— (a) advise, caution or reprimand the registrant; (b) order the registrant to do either or both of the following— (i) pay to the board a fine of an amount not more than the equivalent of 200 penalty units; (ii) correct, at the registrant's expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective; (c) impose conditions on the registrant's registration, including, for example, a condition requiring the registrant— (i) not to carry out a particular type of survey until the registrant satisfies the board the registrant has the relevant competency for the type of survey; or (ii) to restrict the registrant's surveying practice to carrying out a particular type of survey, until the registrant satisfies the board the registrant has the relevant competency for other types of survey; or (iii) to carry out surveys under supervision; or (iv) to report to the board, within a stated reasonable time and in a stated reasonable way, about the registrant's compliance with conditions imposed by QCAT; (d) suspend the registrant's registration or registration endorsement for not more than 3 years; (e) cancel the registrant's registration or registration endorsement; (f) if QCAT cancels the registrant's registration, set conditions under which the registrant may re-apply for registration; (g) order the registrant— (i) to do anything else QCAT considers appropriate; or (ii) to refrain from doing anything QCAT considers inappropriate. (3) An amount ordered to be paid under subsection (2)(b)(i) is a debt payable by the registrant to the board. 120 Decision about disciplinary action against former registrant (1) This section applies only to a former registrant. (2) If QCAT decides the person has engaged in professional misconduct, QCAT may— (a) take no further action relating to the matter; or (b) do all or any of the following— (i) order the person to do either or both of the following— (A) to pay to the board a fine of an amount not more than the equivalent of 200 penalty units; (B) to correct, at the person's expense and within the reasonable period stated in the order, any work the subject of the disciplinary action QCAT finds to be defective; (ii) state that another form of disciplinary action mentioned in section 119(2) would have been taken if the person were registered; (iii) set conditions that must be imposed on any future registration of the person as a registrant. (3) If QCAT states under subsection (2)(b)(ii) that if the person were currently registered it would have cancelled the person's registration, QCAT must also decide the period during which the person must not again be registered by the board. (4) An amount ordered to be paid under subsection (2)(b)(i)(A) is a debt payable by the person to the board. 121 Matters QCAT must consider in making decision about disciplinary action (1) In making a decision under section 119 or 120, QCAT must have regard to— (a) the purposes of this Act stated in section 3(1); and (b) any relevant previous decisions, of which QCAT is aware, about the registrant by another disciplinary body. (2) For having regard to a decision mentioned in subsection (1)(b), QCAT