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©State of Queensland
QUEENSLAND
PROFESSIONAL ENGINEERS ACT 1929-1975
[Reprinted as at 1 May, 1981]
Professional Engineers Act of 1929, 20 Geo. 5 No. 30 As amended by
Professional Engineers Act Amendment Act of 1973, No. 60 Professional Engineers Act Amendment Act of 1975, No. 41
An Act to Provide for the Registration of Professional Engineers and for purposes consequent thereon or incidental thereto
[Assented to 23 December, 1929]
BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
1. Short title. (1) This Act may be cited as "The Professional Engineers Act of 1929;"
(2) Commencement. This Act shall come into operation on a date to be fixed by the Governor in Council by Prqclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act.
Commenced 21 August 1930 (Proc. pubd. Gaz. 9 August, 1930, p. 762).
Collective title conferred by Act of 1975, No. 41, s. I (3).
2. Parts. This Act is divided into Parts as follows:-
PART I-PRELIMINARY;
PART II-THE BOARD;
PART III-REGISTER;
PART IV-PROFESSIONAL ENGINEERS;
PART IVA-APPROVED PROFESSIONAL ENGINEERING COMPANIES;
PART V-MISCELLANEOUS AND SCHEDULE.
As amended by Act of 1973, No. 60, s. 2.
3. Definitions. In this Act, except where the context or subject- matter otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say:-
"Approved professional engineering company"-a body corporate that is for the time being approved by the Board under Part IV A of this Act;
2 s. 4 PROFESSIONAL ENGINEERS ACf 1929-1975
"Board -"The Board of Professional Engineers of Queensland"
established by this Act: the term also includes the chairman and any member thereof;
" Construct " and its derivatives include design, supervision of manufacture, and/or erection;
"Member "-A member of the Board;
"Minister "-The Secretary for Public Works or other Minister of the Crown for the time being charged with the adminis- tration of this Act;
"Person" includes corporation, company, society, association, and firm registered under the laws relating to the registration of firms;
" Practise " and similar expressions in relation to engineering refer to practising as a fiduciary adviser to a client for fee or reward or other emolument, or as an officer of the Public Service of Queensland or of the Commonwealth, or as an officer or employee of any statutory authority constituted
for public purposes; ·
"Prescribed "-Prescribed by this Act;
"Professional engineer "-A person who is by reason of special training, education, and experience qualified to design and direct the construction of engineering work in one or more of the following divisions of Engineering:-
Aeronautical, Chemical, Civil, Electrical, Mechanical, Metallurgical, Mining,
Naval Architectural,
and such other divisions as the Governor in Council may from time to time by Order in Council direct;
"Registered professional engineer "-A person who is for the tirpe being registered as a professional engineer m accordance with this Act;•
" Registrar "-The registrar of the Board;
"Regulations "-Regulations made under this Act;
"This Act "-This Act and all Proclamations, Orders in Council, and Regulations ma,de thereunder. · ·
As amended by Act of 1973, No. GO, s. 3; Act of 1975, No. 41, s. 2.
PART II-THE BoARD
4. (I) Incorporation of the Board. There shall be a body corporate, by the na'lle of " The Board of Professional Engineers of Queensland "
(herein referred to as " the Board ").
PROFESSIONAL ENGINEERS ACT 1929-1975 s. 5 3 (2) Common seal. The Board shall have and may use a common seal, and may from time to time break or alter the same or make a new seal as to the Board seems expedient.
(3) Corporate powers. The Board shall have perpetual succession and may sue and be sued, and shall be capable of acquiring, receiving, and holding real and personal estate of any nature and kind whatsoever.
The Board may also from time to time sell, convey, demise, exchange, and otherwise dispose of or mortgage its property.
Subject to any restrictions by this Act expressed or implied, the Board shall also be capable in law of doing all such other things as it may deem expedient for effectuating its objects.
5. (I) Constitution of Board. The Board shall consist of six members and shall be appointed by the Governor in Council, as follows:-
Three representatives of the Government nominated by the Minister, one of whom shall be a Professor of Engineering for the time being in a University established in Queensland.
Three representatives who shall be practising professional engineers elected by the practising professional engineers of Queensland in the manner prescribed.
(2) Chairman. One of the representatives of the Government shall be the chairman of the Board and the Governor in Council shall appoint such chairman. In the event of the absence of a representative of the Government from any meeting of the Board, se>me other person, to be appointed by the Minister for the purpose, may attend and shall for the purpose of that meeting be deemed to be a member of the Board.
In the event of the absence of the chairman from any meeting of the Board, one of the other representatives of the Government appointed by the Minister shall act as chairman of the Board for the purpose of such meeting.
(3) Board may be constituted on the passingofthis Act. Notwithstanding anything in this Act to the contrary, such Board may be constituted on the passing of this Act, and the Governor in Council may, on the passing of this Act, make any regulati~ns which may be necessary or convenient for the due constitution of the Board. Such regulations may, inter alia, provide for the election of the elective members of the Board, and may define the persons or classes of persons who shall be deemed to be practising professional engineers for the purposes of such election, the preparation of a list of such practising professional engineers, and making such list conclusive evidence of the title to vote at such election, and the procedure in connection with the taking of any such election.
( 4) Failure to elect. If at any time the practising professional engineers of Queensland refuse or fail to elect their representatives to the Board, or such representatives refuse or fail to act as members of such Board, the Governor in Council may appoint any person·or persons to be a member or members of the Board; and any person or persons so appcin!ed shall for all purposes be deemed to have been duly appointed as a member or members of the Board.
Ac; an-.<.:nccd by Act of 1973, No. 60, s. 4.
4 ss.6-9 PROFESSIONAL ENGINEERS ACI' 1929-1975
6. Business. Subject to this Act, the Board shall meet at such times and conduct their business in such manner as they may decide or as may be prescribed.
7. Rules in the Schedule. The rules set forth in the Schedule to this Act shall apply to the business and proceedings of the Board examinations and certificates, and the several other matters referred to therein, and such rules shall be observed by the Board and all persons concerned.
But such rules shall not be construed to prevent or limit the .making of regulations for the purpose of giving full effect to this Act.
Amendment of rules. Such rules may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette.
8. (1) Tenure of members. The members other than the representatives nominated by the Minister shall hold office for a term of two years, but shall be eligible for re-election and reappointment, as the case may be.
The Governor in Council may change its representatives from time to time.
Remo~al
by Governor in Council. The Governor in Council for sufficient cause may remove any member.(2) If the office of an elective member becomes vacant during the term for which he is appointed, a successor shall be appointed for the remainder of such term.
(3) If a member is likely from any cause to be absent from meetings of the Board for more than four months, the Governor in Council may appoint a deputy to act for such member during his absence.
(4) A deputy shall have the same powers, rights, and duties as the member in whose place he is appointed.
(5) Vacancies. The office of a member shall become vacant if such member-
(a) Becomes bankrupt or compounds with his creditors; or (b) Is absent without leave of the Board from three consecutive
meetings of which due notice has been given to him either personally or by post; or
(c) Resigns his office by writing under his own hand addressed to the Minister; or
(d) Is removed from office by the Governor in Council.
9. Registrar and other officers. The Governor in Council shall ' appoint a registrar and fix the remuneration to be paid for his services.
The Board may appoint such other officers as the Board thinks necessary to give effect to this Act, and the Board may pay such other officers such remuneration as the Board thinks fit.
All such persons, other than the registrar, shall hold office during the pleasure of the Board.
PROFESSIONAL ENGINEERS ACT 1929-1975 ss. 10-13
s
10. Funds of Board. (I) All moneys received by the Board or the registrar, including fees and penalties, shall be paid into the funds of the Board.
(2) The remuneration of the registrar and other officers appointed under this Act, and all other expenses of and incidental to the administration of this Act, shall be paid by the Board out of its funds.
(3) Any surplus moneys of the Board which are not required for the purposes of the last preceding subsection may be expended by the Board for the purposes of the advancement of engineering in such manner as it may determine.
PART III-REGISTER
11. Keeping register. (I) There shall be a register of professional engineers, to be kept as prescribed.
(2) The registrar shall enter in the register-
(a) The full name and address of all persons approved by the Board as being qualified under this Act to be registered as professional engineers;
(b) The date and description of the qualification in respect of which such registration is granted;
(c) Such other particulars as may be prescribed.
12. Engineers roll. (I) The registrar shall, in the month of January in each year, transmit a copy of the register certified to be correct up to the thirty-first day of December of the preceding year to the Minister, who shall thereupon cause the same to be published in the Gazette as the " Registered Professional Engineers Roll of Queensland for the year ," followed by the number of the year in which it is published.
(2) A copy of the Gazette shall be prima facie evidence in all legal proceedings that the persons mentioned in the roll, and no others, are registered as professional engineers for the year in question.
13. Roll fee. (1) Every registered professional engineer shall, on or before the thirtieth day of June in each year, pay to the registrar the prescribed roll fee in respect of the year commencing on the first day of January in that year.
(2) If any such registered professional engineer does not pay the prescribed roll fee within the time prescribed by subsection one of this section, the Board may remove his name from the register.
. (3) If the name of any registered professional engineer is removed from the register under this section, the Board may restore his name to the register upon payment of the prescribed fee.
6 ss.14, 15 PROFESSIONAL ENGINEERS ACT 1929-1975.
PART IV-PROFESSIONAL ENGINEERS
14. Good character and age. No person shall be entitled to be registered as a professional engineer unless he has attained the age of twenty-four years and satisfies the Board that he is of good fame and character.
As amended by Act of 1973, No. 60, s. 5.
15. Qualification for registration. (1) Subject to the provisions of this Act, a person shall be entitled to be registered as a professional engineer under this Act who-
(a) Has passed the prescribed examination and satisfies the Board that he possesses the requisite knowledge and skill for practising as a professional engineer; or
(b)-
(i) Holds a degree in engineering granted by a University established in Queensland or an Institute of Technology or any other institution established in Queensland; or
(ii) Holds a degree in engineering gra'nted by any other university whose examinations leading to that degree are approved by the Board, and provided also that such degree would enable such holder to be admitted ad eundem gradum to the University of Queensland,
and who to the satisfaction of the Board has been engaged for not less than three years in the practice of that division of engineering in which he seeks registration; or
(c) (Repealed);
(d)-
(i) Holds the corporate membership of an institution or a society, approved by the Board, established for the purpose of promoting the study and practice of the profession of engineering; or
(ii) Has received from The Board of Examiners for Engineers and Overseers of Works constituted under the Local Government Act 1936-1975 a Certificate of Competency as an epgineer to a Local Authority,
and who satisfies the Board by examination or otherwise that he possesses the requisite knowledge and skill for practising as a professional engineer; or
(e) Has practised elsewhere than in the State of Queensland as a professional engineer to the satisfaction of the Board, and who has already passed an examination which the Board considers equivalent to the examination prescribed by the regulations, or satisfies the Board by examination or otherwise that he possesses the requisite knowledge and skill for practising as a professional engineer; or
(f) Holds a recognised engineering certificate approved by the Board and satisfies the Board that he possesses the requisite knowledge and skill for practising as a professional engineer;
or
PROFESSIONAL ENGINEERS ACT 1929-1975 ss. 16-19 1 (g) Has prior to the first day of November, one thousand nine
hundred and twenty-nine, bona fide practised to the satisfaction of the Board as a professional engineer in Queensland as his sole or main source of livelihood; or
(h) Has been engaged during a period of not less than five years (whether such period was wholly before or partly before and partly after the commencement of this Act) in the acquirement, in a manner deemed satisfactory by the Board, of professional knowledge in engineering, and satisfies the Board by examination or otherwise that he possesses the requisite knowledge and skill for practising as a professional engineer.
(2) No person shall be entitled to be registered under the provisions of paragraph (f) or (g) of subsection one of this section unless he applies to the Board to have his name recorded as a person entitled to the benefit of this section within twelve months from the commencement of this Act:
Provided that the Board, if satisfied that for some sufficient reason such person was unable to make such application within the said twelve months, may permit such application to be made at a later date.
As amended by Act of 1973, No. 60, s. 6; Act of 1975, No. 41, s. 3.
16. Application for registration. Application to the Board for registration shall-
(a) Be made as prescribed; and
(b) Be supported by such evidence as the Board may require;
and
(c) Be accompanied by the prescribed fee.
17. Certificates of registration. The Board may issue certificates of registration as prescribed.
18. Refusal to register. If the application of any person to be registered as a professional engineer is refused by the Board upon any ground other than the ground that he has not passed the prescribed examination, such person sha11 have the right of appeal to the Supreme Court, and such appeal shall be in the nature of a rehearing, and the decision of the Court shall be final, and the Board shall give effect thereto.
19. (I) Removal from register. The Board may remove from the register the name of any person-
( a) Who has died; or
(b) Who has been declared insane; or
(c) Who is convicted in any part of Her Majesty's Dominions or elsewhere of any indictable offence, or of any other offence which, in the opinion of the Board, renders him unfit to practise; or
(d) Who is, after due inquiry, adjudged by the Board to have been guilty of infamous conduct in a professional respect, or of habitual drunkenness; or
8 ss. 20-22 PROFESSIONAL ENGINEERS ACf 1929-1975
(e) Who is guilty of a breach of subsection two of section twenty-two of this Act; or
(f) Whose registration has been obtained by fraud or misrepresentation:
Provided that, before the name of any person is removed from the register pursuant to paragraph (c), (d), (e) or (f) aforesaid, the Board shall charge the person with the offence concerned and shall, if so required by the person charged, sit on the hearing of such charge as an open court, and the person charged shall be afforded an opportunity of defence either in person or by counsel.
The expression " infamous conduct in a professional respect "
does not include any conduct which, either from its trivial nature or from the surrounding circumstances, does not in the public interest disqualify a person from practising his profession:
Provided that the Board may, if it deem proper under the circumstances, order that the registration of any person be suspended for such time as is specified in the order of suspeasion, and upon the making of such order of suspension, during the period specified in such order, such person shall cease to be registered under this Act.
(2) Appeal. In the case of the removal of any person's name from the register, or in case of any suspension, he shall have the right of an appeal to the Supreme Court. Such appeal shall be in the nature of a rehearing, and the decision of the Court shall be final, and the Board shall give effect thereto.
20. Return of certificate. (l) Any person whose name has been removed from the register pursuant to the provisions of the last preceding section shall within fourteen days from the notification to such person of such removal surrender to the Board any certificate issued to such person under the Act.
(2) On failure to so surrender such certificate such person shall be liable to a penalty not exceeding two hundred and fifty dollars.
(3) The removal of the name of any person from the register shall be effectual notwithstanding such failure to surrender any certificate.
As amended by Act of 1973, No. 60, s. 7.
21. Restoration of name. (l) Where the Board removes the name of any person from the register, the name of that person shall not be again entered on the register except by direction of the Board or by order of the Supreme Court.
(2) The Board may, if it thinks fit in any case, restore to the register any name removed therefrom without payment of fee or on payment of such fee, not exceeding the registration fee, as the Board may direct.
22. Prohibited practices. (1) Any person registered as a professional engineer under this Act shall be entitled in connection with his practice as a professional engineer to use or publish the words " Registered Professional Engineer, Queensland, Division of " or the abbreviation " R.P.E.Q., Division of " followed by the name of the division of engineering in which ht is registered.
PROFESSIONAL ENGINEERS ACf 1929-1975 s.23 9 Moreover no person other than a registered professional engineer shall be entitled to use or publish such words or abbreviations or the words " professional engineer " or the words " consulting engineer "
or any abbreviations thereof, either alone or in connection with any other title, name, words, or letters.
And no person shall use or publish any other title, name, words, or letters which indicate that he is qualified or entitled to registration as a professional engineer other than such title, name, words, or letters as truly indicate a qualification which he in fact holds.
The provisions of the first and second paragraphs of this subsection do not apply in the case of a body or association of persons, where that body or association is unincorporated and consists wholly of persons being registered professional engineers, or in the case of an approved professional engineering company.
(2) A registered professional engineer, whether acting as principal or agent as an adviser to a client, shall not, unless with the express written authority of such client, accept any commission, reward, or substantial service or favour in respect of the construction of any works for such client.
(2A) An approved professional engineering company shall not take, use or adopt in connection with engineering work or the practice of engineering work any name other than its name as shown in the certificate of approval issued to it pursuant to section 23n.
(3) Any person who commits a breach of any of the provisions of this section shall be liable for each offence to a penalty not exceeding fifty dollars, and where the breach is a breach of subsection two of this section he shall :,tlso be liable to have his name removed from the register.
(4) Subject as aforesaid, nothing in this Act shall be deemed to prevent an architect, builder, or other person from designing or supervising the construction of any work, undertaking, structure or building: Moreover no person shall, by reason only that he is not a registered professional engineer, be debarred from obtaining from the Council of any Local Authority any permit required for the construction or the supervision of the construction of any work, undertaking, structure, or building, or be debarred from constructing or supervising the construction of any work, undertaking, structure, or building pursuant to any such permit.
As amended by Act of 1973, No. 60, s. 8.
23. Continuation of name of deceased engineer. Notwithstanding any other provision of this Act, upon the death of a registered professional engineer the Board may permit his name to remain upon the register, and may authorise his executor, administrator, or trustee to carry on in the name of the deceased professional engineer the practice formerly carried on by him, provided that the practice shall be carried on under the personal superintendence of a registered professional engineer, whose name shall be registered as superintendent of the practice.
10 SS. 23A, 233 PROFESSIONAL ENGINEERS ACT 1929-1975
PART IVA-APPROVED PROFESSIONAL ENGINEERING COMPANIES
23A. Approval of body corporate as approved professional engineering company. (I) Subject to this Part, the Board may approve as an approved professional engineering company any body corporate if-
(a) it is registered as a company under the Companies Act 1961-1972;
(b) its articles of association provide that at all times-
(i) at least three-fifths of the directors of the company shall be registered professional engineers;
(ii) the remaining two-fifths of those directors shall possess a professional qualification satisfactory to the Board;
(iii) at least three-fifths of the total voting rights of all directors of the company entitled to vote at a meeting of directors of the company shall be held by registered professional engineers;
(iv) at least three-fifths of the total voting rights of all persons entitled to vote at a general meeting of members of the company shall be held by registered professional engineers;
(v) the principal executive officer of the company shall be a registered professional engineer; and
(vi) a body corporate shall not be entitled to be a director of the company;
(c) the person having the actual personal supervision and management of the business of the company at each place of business in the State is a registered professional engineer and is resident in the State;
(d) at the time when application for approval is made, at least three-fifths of the directors of the company are registered professional engineers, the remaining two-fifths of those directors possess a professional qualification satisfactory to the Board and no body corporate is a director of the company;
and
(e) the application for approval is accompanied by a professional engineer's indemnity insurance policy in favour of that body corporate from an insurer licensed under "The Insurance Acts, 1960 to 1968" in the sum of $50,000 or such other sum, being not less than that sum, as is from time to time prescribed.
(2) Application to the Board for approval under subsection (1)- (a) shall be made as prescribed;
(b) shall be supported by such evidence as the Board may require;
(c) shall be accompanied by the prescribed fee and by the policy referred to in paragraph (e) of subsection (1).
Inserted by Act of 1973, No. 60, s. 9.
23B. Certificate of approval and renewal thereof. (I) Where the Board grants an approval pursuant to section 23A, it shall issue a certificate of approval as prescribed which shall take effect on and from the date of its issue and shall expire on the last day of February next following but may be renewed as provided by subsection (3).
PROFESSIONAL ENGINEERS ACT 1929-1975 ss. 23c, 23o 11
(2) Application to the Board by an approved professional engineering company for a renewal of its certificate of approval-
( a) shall be made as prescribed;
(b) shall be supported by such evidence as the Board may require;
(c) shall be accompanied by the prescribed fee and by a certificate or other evidence of renewal of the policy referred to in section 23A (I) (e).
(3) The Board may grant a renewal of a certificate of approval for a period .of twelve months expiring on the last day of February in any year.
lnserted by Act of 1973, No. 60, s. 10.
23C. Publication of approval. (1) The registrar shall, in the month of March in each year, furnish a list of approved professional engineering companies certified to be correct as at the first day of March of that year to the Minister who shall thereupon cause that list to be published in the Gazette as the " List of Approved Professional Engineering Companies in Queensland for the year (the year in which it is published)".
(2) A copy of the Gazette containing the list of approved professional engineering companies shall, upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence that the companies mentioned in the list are approved professional engineering companies for the year in question.
(3) Where in any year a company is approved as an approved professional engineering company at a time that does not permit its name to be included in the list of approved professional engineering companies for that year, a certificate under the hand of the registrar that on any date or during any period referred to in the certificate, that company was an approved professional engineering company shall upon its production in any proceeding be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.
(4) Where in any year the approval of a company as an approved professional engineering company has been withdrawn and the name of that company appears on the list of approved professional engineering companies for that year, a copy of the Gazette containing a notification that the approval of that company has been withdrawn shall, upon its production in any proceeding, be conclusive evidence that that company ceased to be an approved professional engineering company on and from the date specified in the notification.
lnserted by Act of 1973, No. 60, s. 10.
23D. Returns by approved professional engineering companies. (1) Every approved professional engineering company shall, within one month after any person becomes or ceases to be a director, principal executive officer or member of the company, lodge with the registrar a notice stating that fact and the name and residential address of that person and whether he is a registered professional engineer.
12 SS. 23E, 23F PROFESSIONAL ENGINEERS Acr 1929-1975
(2) An approved professional engineering company that fails to comply with the provisions of this section or that lodges a notice under this section that is false or misleading in any material particular is guilty of an offence against this Act.
Inserted by Act of 1973, No. 60, s. 11.
23E. Refusal to approve. If any application for approval as an approved professional engineering company or for the renewal of a certificate of approval under this Part is refused by the Board, the applicant may, within 28 days after the date of notification of refusal by the Board, appeal to the Supreme Court against such refusal.
Any such appeal shan be by way of re-hearing and the decision of the Court thereon shan be final and conclusive, and the Board shan give effect thereto.
Inserted by Act of 1973, No. 60, s. 11.
23F. Withdrawal of approval. (1) The Board may by notification published in the Gazette withdraw any approval granted under this Part of this Act if the Board is satisfied that, with respect to the approved professional engineering company,-
(a) the company has ceased to be registered as a company under the Companies Act 1961-1972; or
(b) the articles of association of the company fail to provide at any time for any of the matters referred to in subparagraphs (i) to (vi) of paragraph (b) of subsection (1) of section 23A; or (c) Jess than three-fifths of the directors of the company are
registered professional engineers; or
(d) the remaining two-fifths of the directors of the company do not possess a professional qualification satisfactory to the Board; or
(e) less than three-fifths of the total voting rights of all directors entitled to vote at a meeting of directors are held by registered professional engineers; or
(f) less than three-fifths of the total voting rights of all persons entitled to vote at a general meeting of members are held by registered professional engineers; or
(g) the principal executive officer is not a registered professional engineer; or
(h) a body corporate is a director; or
(i) the person having the actual personal supervisiOn and management of the business of the company at any place of business in the State is not a registered professional engineer or is not resident in the State; or
(j) a director or other member of the company has an interest (other than his interest merely as a director or other member of the company) in a contract or agreement for the construction of a building or buildings in relation to which the company is the registered professional engineer unless the person on whose behalf the building is, or the buildings are, constructed or to be constructed has been notified before the contract or agreement was made of such interest; or
PROFESSIONAL ENGINEERS ACT 1929-1975 s. 23o 13 (k) the name of any director or member of or person employed
by the company has been removed from the register pursuant to section 19; or
(l) the company has been convicted of an offence under subsection (2A) of section 22; or
(m) the policy referred to in section 23A (1) (e) is not in force at any time during a period' of approval or renewal of approval granted under this Act.
(2) Before the Board withdraws an approval pursuant to subsection (1), it shall call upon the approved professional engineering company to show cause why the approval should not be withdrawn, and, for that purpose, it shall notify such company of a date and time (not earlier than 7 days after the service of that notification) and place when and where it may appear before the Board and show cause as aforesaid.
(3) The approved professional engineering company may appear by counsel, solicitor or authorised agent.
(4) When the Board calls upon an approved professional engineering company to show cause why its approval should not be withdrawn, the Board may, by notification published in the Gazette, suspend the approval pending the completion of those proceedings, and if it does so, then upon the completion of those proceedings, unless the Board withdraws the approval, the approval shall be revived on and from the date of completion of those procee'dings.
(5) Whilst a suspension of approval of an approved professional engineering company is in force, the approval shall for all purposes of this Act be deemed to have been withdrawn.
(6) Where the Board withdraws an approval pursuant to this section, the approved professional engineering company may, within 28 days after the date of notification in the Gazette, appeal to the Supreme Court against such withdrawal.
Any such appeal shall be by way of re-hearing and the decision of the Supreme Court thereon shall be final and conclusive, and the Board shall give effeCt thereto.
Inserted by Act of 1973, No. 60, s. 12.
23G. Surrender of certificate of approval. (1) Where the approval of an approved professional engineering company has been withdrawn or suspended pursuant to section 23F, such company shall, within 14 days after the publication in the Gazette of that withdrawal or suspension, surrender to the Board any certificate of approval issued to it under this Act.
(2) A company that fails to surrender a certificate of approval in accordance with subsection (1) is guilty of an offence against this Act.
(3) Where a certificate of approval is surrendered to the Board consequent upon the suspension of the approval pursuant to subsection (4) of section 23F and the Board does not, upon the completion of the
14 ss. 24-26 PROFESSIONAL ENGINEERS ACT 1929-1975
proceedings referred to in that subsection, withdraw the approval, the certificate shall, upon completion of those proceedings, be re-issued by the Board.
(4) The withdrawal or suspension, pursuant to section 23F of an approval shall be effectual, notwithstanding any failure to surrender any certificate of approval.
Inserted by Act of 1973, No. 60, s. 12.
PART V-MISCELLANEOUS
24. Power of Board to examine on oath. (1) The Board may, for the purposes of this Act, examine any person on oath or take a statutory declaration from any person.
(2) If any such person wilfully makes any false statement or declaration, or utters or attempts to utter or put off as true before the Board any false, forged, or counterfeit degree, diploma, certificate, license, letter, testimonial, or other document, he shall be liable to imprisonment, with or without hard labour, for any period not exceeding six months or, in the discretion of the Court, to a penalty not exceeding five hundred dollars.
As amended by Act of 1973, No. 60, s. 13.
25. Power to summon witnesses. (1) The chairman of the Board, or, by consent of the majority of the members present at any meeting of the Board, a member may in writing under his hand summon any person to attend before the Board for the purpose of being examined with respect to any matter within the jurisdiction of the Board.
(2) Every person duly summoned as aforesaid who does not attend after reasonable expenses have been paid or tendered to him, or refuses to be sworn or to make a statutory declaration, or to answer any lawful question, shall be liable to a penalty not exceeding fifty dollars:
Provided that the Board shall, in making any investigation into any matter or holding any inquiry or hearing any charge or in any show cause proceedings under this Act, have all the powers, authorities, and protection of a commission under "The Official Inquiries E1'idence Acts,
1910 to 1929."
As amended by Act of 1973, No. 60, s. 14.
26. Penalty for fraudulent registration or approval. Any person who-
( a) wilfully makes or causes to be made any false entry in or falsification of the register; or
(b) wilfully procures or attempts to procure-
(i) himself or any other person to be registered under this Act; or
PROFESSIONAL ENGINEERS ACf 1929-1975 ss. 27-31 (ii) any body corporate to be approved as an approved
professional engineering company,
by making or producing' or causing to be made or produced any false or fraudulent representation or declaration either
verbally or in writing,
commits an offence against this Act and is liable to imprisonment with or without hard labour for a term not exceeding six months.
Substituted by Act of 1975, No. 41, s. 4.
27. Board to publish statement of receipts and disbursements •. The Board shall, as soon as practicable after the thirtieth day of June in each year, publish in the Gazette a statement made up to that date, showing the receipts and disbursements of the Board during the preceding year, certified as correct by the Auditor-General.
28. Evidence. (1) In any proceeding by or on behalf of the Board under this Act it shall not be necessary to prove the appointment of the members, chairman, or registrar of the Board.
(2) A writing certified by the registrar to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration, statement, document, or writing of any nature whatsoever in the custody of the Board or of any officer of the Board shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original.
29. Board may sue. The Board may in its own name, by its registrar or any person thereunto authorised in writing under the hand of the chairman, institute, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever.
Every court of law shall take judicial notice of the signature of the chairman to any such authorisation.
30. (l) Recovery of penalties. All penalties and fees imposed by or pursuant to this Act may be recovered in a summary way by complaint
un~er" The Justices Acts, 1886 to 1924."
(2) General penalty. Every person guilty of any breach or contravention of this Act for which no other penalty is provided shall be liable to a penalty not exceeding fifty dollars.
(3) All penalties and fees recovered by the Board under this Act shall be paid to the Board and become part of its funds.
As amended by Act of 1973, No. 60, s. 15.
30A. Rules to regulate appeal. The power to make rules of the Supreme Court includes power to make rules not inconsistent with this Act that regulate the institution and conduct of an appeal under this Act.
Inserted by Act of 1973, No. 60, s. 17.
31. Regulations. The Governor in Council may from time to time make regulations providing for all or any purposes,whethcr general or to meet particular cases, that may be convenient for the administration
16 s. 31 PROFESSIONAL ENGINEERS ACI' 1929-1975
of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act, and, where there may be in this Act no provision or no sufficient provision in respect of any matter or thing necessary or expedient to give effect to this Act, providing for and supplying such omission or insufficiency.
Without limiting the generality of the foregoing provisions, such regulations may provide for-
(i) Regulating the appointment and election of members, and the proceedings of the Board; the fees (if any) which may be allowed to members of the Board for attendance at meetings of the Board;
(ii) Regulating the duties of the registrar and other officers;
(iii) Prescribing what degrees, diplomas, certificates, licences, or other documents shall be recognised by the Board;
(iv) Prescribing the method of application for certificates, the form of certificates, and whether such certificates shall be of general or special application in accordance with the qualifications of the applicant;
(v) The appointment of examiners and regulating the holding of examinations and prescribing the standard of, subject of, and fees for such examinations;
(vi) The conduct of proceedings in connection with complaints or charges against professional engineers;
(vii) the conduct of show cause proceedings under section 23F;
(viii) Prescribing fees payable under this Act;
(ix) The forms to be used for the purposes of this Act and the manner of keeping the register;
(x) Generally. Generally carrying this Act into effect.
The regulations may provide a penalty not exceeding fifty dollars for any breach thereof.
Such regulations may be made on the passing of this Act.
All regulations and Orders in Council made or purporting to be made under this Act shall, upon being published in the Gazette, be of the same effect as if they were enacted in this Act, and shall be judicially noticed, and shall not be questioned in any proceedings whatsoever.
All such regulations and Orders in Council shall be laid before Parliament within fourteen days after the publication thereof, if Parliament is then sitting, or if not, then within fourteen days after the commencement of the next session thereof.
If the Legislative Assembly passes a resolution disallowing any regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime.
For the purpose of this section, the term " sitting days " shall mean days on which the House actually sits for the despatch of business.
As amended by Act of 1973, No. 60, s. 16.
PROFESSIONAL ENGINEERS ACT 1929-1975 Sch. ell. 1-5 17 SCHEDULE
1. Votes at elections. (1) In the case of the election of the representatives of the practising professional engineers, each professional engineer shall have one vote only.
(2) The registrar shall be the returning officer at any election.
2. Duties of the Board. The duties of the Board shall be-
(a) To co-operate with the Department of Public Works or Department of Public Instruction, the University of Queensland, or other State Department or Institution, in preparing the syllabus of work for candidates for examination, and to advise from time to time as to the courses of instruction, study, and training for candidates;
(b) To conduct examinations for certificates of registration and to issue such certificates;
(c) To make such public notification as to the granting and cancellation of registration as the Minister may direct;
(d) To carry out such other duties as may be prescribed or as the Minister may from time to time require.
3. Chairman. The chairman shall act as the executive officer of the Board.
4. Registrar. The registrar shall keep minutes of meetings of the Board, issue notices of meetings, conduct correspondence, keep records of examinations and of the issue, cancellation, and suspension of certificates, and perform such other duties pertaining to the business of the Board as the Board may direct.
5. Meetings of Board. (1) A meeting of the Board shall be held at least once in every two months.
(2) Notice of the time and place of meeting, and of the business to be transacted by the Board thereat, shall be given to all members at least seven days before the date of the meeting.
(3) The chairman shall preside at every meeting at which he is present.
( 4) The business transacted at any meeting shall be that specified in the notice.
(5) Any three members of the Board shall form a quorum.
(6) A special meeting for any particular purpose may be called by the chairman at his discretion or when he is requested by two members to call such a meeting.
If the chairman fails to call a special meeting after such a request, any two members of the Board may call such meeting by a notice signed by themselves. Such notice shall state the time and place of meeting and the business to be transacted thereat, and shall be given to members at least seven days before the date of such meeting.
18 Sch. ell. 6-10 PROFESSIONAL ENGINEERS Acr 1929-1975
The business transacted at any special meeting shall be that specified in the notice.
(7) At any meeting of the Board, if a quorum is not present within fifteen minutes after the notified hour of meeting, that fact and the names of the members present shall be recorded by the registrar in the minute- book.
(8) All powers vested in the Board may be exercised by a majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting.
Upon every question the chairman shall have a vote, and if the numbers are equally divided he shall have a second or casting vote.
If any member refuses to vote, his vote shall be counted for the negative.
(9) The order of business at any meeting shall be- ( a) Reading of minutes;
(b) Reading of correspondence;
(c) Consideration of applications for examinations;
(d) Consideration of certificates;
(e) Sub-committee reports;
(f) Other business.
6. Proceedings validated. No proceedings of the Board or of any person acting as chairman or member shall be invalidated by reason of any defect in his appointment or nomination or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time of such proceedings.
7. Examiners. The Board may appoint examiners to conduct the examination of candidates for certificates of registration.
8. Times of examinations. Examinations for certificates of registration shall be held at such times and places as the Board thinks fit.
Notification of the time and place of holding such examinations shall, at least one month before the date of holding of the examinations, be published in a daily newspaper circulating in the locality in which the examination is to be held.
9. Manner of examination. The Board shall determine the manner of the examination, and may determine that oral, written, or practical tests, or any or all of these, shall be employed.
10. Application for examination. A candidate desirous of sitting for any examination shall make application to the Board for examination at least twenty-one days before the date of holding the examination, and such application shall be made in the prescribed form or to the like effect.
PROFESSIONAL ENGINEERS ACT 1929-1975 Sch. ell. 11-13 19 11. Applicant may appeal to Minister. Every person who is an applicant for an interim certificate pursuant to rule twelve of the Schedule to this Act, or for permission to sit for examination, who is dissatisfied with the decision of the Board in his case, may, within three months after notice of such decision has been communicated to him by the registrar, appeal to the Minister, and the Minister may, after hearing such person and the Board, dismiss the appeal or order the Board to grant such interim certificate or permit such applicant to sit for the examination, as the case may require.
12. Granting of certificates. (l) Subject to this Act a certificate of registration shall be granted by the Board to every person who sits for the prescribed examination and who satisfies the Board's requirements.
Such certificate shall be in the prescribed form.
(2) Interim certificate. The Board, or the chairman and one member thereof, may grant to any person an interim certificate for a period not exceeding one year at any one time, who has applied for a certificate of registration or who has applied for permission to sit for examination for a certificate of registration.
Such certificate shall be in the prescribed form.
13. Duplicate certificate in case of loss. If any certificate is lost or destroyed, the holder, or some person having knowledge of the facts and circumstances, may make a statutory declaration with respect thereto; and the Board, if satisfied with such declaration, may issue a fresh certificate to the person entitled to hold the same, on payment of the prescribed fee.
Such certificate shall be endorsed with a memorandum setting out the reasons for the issue thereof; and thereafter such certificate shall be available as if it were the original certificate.
INDEX
TOPROFESSIONAL ENGINEERS ACT 1929-1975
Act- A
commencement of Parts of • • ..
this, meaning of term
Approved professional engineering company- approval of body corporate as-
application for ••
appeals .re refusal of by Board . ~ ..
certificate of- Board may issue renewal of . . . .
appeals re refusal of surrender of ..
list of, publication of may be suspended withdrawal of
appeals re meaning of term returns by ..
Board-
business of, conduct of . . . . certificate of registration-
duplicate, issue of in case or loss granting of ..
chairman of-
B
appointment of by Governor in Council in absence of who to be . . . . common seal of ..
duties of . . . . . . . . . . examination for certificate of regiilration-
application for . . . . . . appeals re
manner of
times for . . . . . . . . examiners, appointment of . . . .
executive officer of, chairman to act as . . . . . . expenses of to be paid out of funds . . . . . . . . failure to elect members of, power of Governor in Council re funds of .. ..
incorporation of . . . . interim c-ertificate, granting of
appeals re . . . .
may appoint officers of . . . . . . may be constituted on passing of this Act
may issue certificates of registration . . . . . . . . may remove name from register on failure to pay prescribed
roll fee
may restore name to register upon payment of prescribed roll fee
may sue . . . . meaning of term . . . . meetings of, provisions re members of-
deputy-
Governor in Council may appoint powers of . . . . . . in absence of, who to be number of . . . . . . . . office of, when may become vacant removal of by Governor in Council term of office of
who to be . . . . . . . . . . . . . . penalties and fees recovered by Board to be part of funds of ..
power to examine on oath power to summon witnesses powers of.. . . . . proceedings of, validation of ..
re application for registration to rules re . . . . . . surplus funds, how to be expended
s. I (2) 2 3
23A 23E 23A 23B (I) ..
238 (2), (3) ..
23E ..
23o ..
23c ..
23F (4) 23F ..
23F (6) 3 ..
23o ..
6 Sch. r. 13 ..
Sch. r. 12 (1) s. s (2)
s (2) 4 (2) Sch. r. 2 Sch. r. 10 Sch. r. II Sch. r. 9 Sch. r. 8 Sch. r. 7 Sch. r. 3 ..
s. 10 (2) 5 (4) 10 (1) 4 (I) Sch. r. 12 (2) Sch. r. 11 ..
s. 9 ..
s (3) 17 ..
13 (2) 13 (3) 29
3 ..
Sch. r. 4, 5
s. 8 (3) 8 (4) 5 (2) 5 (1) 8 (5) 8 (1) 8(1) 5 (I) 30 (3) 24 25
4 (3) Sch. r. 6
s. 16 ..
7, Sch.
10 (3)
Page
I I 2
.12 10 10 10 11 12 13 II 13 12 13 II I
4 19 19 3 3 3 17 18 19 18 18 18 17 5 3 s
2 19 19 4 3 7 5 5 15 2 17, 18
4 4 3 4 3 4 4 15 3 14 14 3 18 7 4, 17 5
INDEX
Board-continued
to fix remuneration of officers of . . . . to publish statement of receipts and disbursements when may remove name from register
Certificat~
interim- appeals re granting of
c
of approval of body corporate as approved professional engineering company-
Board may issue
renewal of ..
appeals re refusal of surrender of ..
of registration-
Board may issue . . . . duplicate, issue of in case of loss granting of
Construct- meaning of term
Evidence, what to be ..
Examination for certificates of registration- application for
appeals re . . . . Board may appoint examiners manner of
times for ..
Governor in Council-
E
G
may appoint Registrar . . . . . . . . may, by Order in Council, amend rules of Board may make regulations re constitution of Board power of re failure to elect members of Board power of to make regulations ..
power to remove member of Board to appoint-
chairman of Board ..
members of Board . . . . to fix: remuneration of Registrar
L
List of Approved Professional Engineering Companies- publication of in Gazette
what to be evidence of . . . . . . . . withdrawal of name from, what to be evidence of
M
Meaning of terms-
Approved professional engineering company ..
Board Construct Member Minister Person Practise
Prescribed ..
Professional engineer . . . . Registered professional engineer Registrar ..
Regulations This Act
s. 9 27 19
Scb. r. II ..
Sch. r. 12 (2)
s. 238 (I) ..
238 (2), (3) ..
23E 23G
17 Sch.r.l3 Sch. r. 12 (I)
s. 3
28
Sch. r. 10 Sch. r. II Sch. r. 7 Sch. r. 9 Sch. r. 8
s. 9 7 5 (3).
5 (4) 31 8 (ll.
5 (2) 5(1) 9
23c . . . . 23c (2), (3) ..
23c (4)
3 3 3 3 3 3 3 3 3 3 3 3 3
Page
21
IS 4 7
19 19
10 II 12 13 7 19 19
2
IS
18 19 18 18 18
4 4 3 3 15 4 3 3 4
II II II
I 2 2 2 2 2 2 2 2 2 2 2 2
