“Queensland Statute Reprints”

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“Queensland Statute Reprints”

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©State of Queensland

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QUEENSLAND

VALUERS REGISTRATION ACT 1965-1979

[Reprinted as at 31 March, 1981]

Valuers Registration Act of 1965, No. 70 As amended by

Valuers Registration Act Amendment Act of 1967, No.4 Valuers Registration Act Amendment Act 1969, No. 28

Valnation of Land Act and Another Act Amendment Act 1971, No. 78 Commenced 1 March 1972 (Proc. pubd. Gaz. 5 February 1972, p. 619).

Valuers Registration Act Amendment Act 1974, No. 63 Valuers Registration Act Amendment Act 1979, No. 20

An Act to Afford a measure of protection in the Public Interest of the State of Queensland by providing for a Valuers Registration Board, its powers and functions, the Registration of Valuers of Land, Qualifications necessary for such registration and for other incidental purposes

[Assented to 24 December 1965]

BE IT ENACTED by the Queen'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. (1) Short title. This Act may be cited as The Valuers Registration Act of 1965.

(2) Commencement of Act. This Act other than the provisions of Part II and of sections twenty-nine and thirty of this Act shall commence on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Collective title conferred by Act of 1979, No. 20, s. 1 (3).

Parts I, III, IV, commenced 14 February 1966 (proc. pubd. Gaz. 12 February 1966, p.1156).

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2 ss. 2, 3 VALUERS REGISTRATION ACT 1965-1979

2. Arrangement of Act. This Act is divided into Parts as follows:-

PART I-PRELIMINARY;

PART II-VALUERS REGISTRATION BOARD;

PART III-REGISTRATION OF VALUERS;

PART IlIA-PROVISIONAL LICENSED VALUERS;

PART IV-MISCELLANEOUS PROVISIONS;

SCHEDULE.

As amended by Act of 1971, No. 78, s. 27.

3. Interpretation. In this Act, unless the context otherwise indicates or requires, the following terms have the meanings respectively assigned to them, that is to say-

" Board "-The Valuers Registration Board of Queensland constituted under this Act;

" Chairman "-The chairman of the Board: The term includes a person acting as chairman;

" Minister "-The Minister of the Crown for the time being charged with the administration of this Act: The term includes a person temporarily discharging the duties of the Minister;

"Provisional licensed valuer "-A person duly licensed as a provisional licensed valuer under this Act;

"Provisional licensed valuer's licence" or "Licence "-A provisional licensed valuer's licence granted pursuant to this Act and in force at the material time;

"Public valuer "-A person who as principal (either alone or with another) or as an employee or agent of another holds himself out as ready to make valuations of land or of any estate or interest in land for or upon the instructions of members of the public: The term includes any person who is called upon (whether as an employee ofthe Crown or otherwise) to value land or any estate or interest in land for the purposes of any Act, regulation, ordinance, by-law or other enactment;

" Register "-The register called the Register of Valuers of Queensland established and kept under this Act;

"Register of provisional licensed valuers " -The register of provisional licensed valuers established and kept under this Act;

" Registered valuer "-A valuer duly registered under this Act;

" Rural land "-Land so situated and of such an area that its commercial value consists, solely or principally, in the use or the availability for use of its surface for a purpose of primary production or of mining;

"Secretary"-The secretary to the Board: The term includes a person temporarily discharging the duties of the secretary;

" Urban land "-Land other than rural land.

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VALUERS REGISTRATION ACT 1965-1979 ss. 4, S PART II-VALUERS REGISTRATION BOARD

4. (1) Constitution of Board. There shall be constituted a Board to be called" The Valuers Registration Board of Queensland "which shall have and may exercise and discharge the powers, authorities, duties and functions prescribed for it by this Act.

(2) Membership of Board. Until the Governor in Council otherwise prescribes by Order in Council and subject to the provisions of subsections (2) and (3) of section five of this Act the Board shall consist of-

(a) the Valuer-General appointed pursuant to the provisions of The Valuation of Land Acts, 1944 to 1959, who shall, ex officio, be a member and chairman thereof;

(b) a person appointed by the Governor in Council upon the recommendation of the Minister from persons nominated by the Australian Institute of Valuers and whose names are included in a panel of names supplied by such institute as prescribed;

(c) a person who is a registered valuer appointed by the Governor in Council upon the recommendation of the Minister.

(3) Appointment of members. A member of the Board (other than a member thereof ex officio) shall be appointed for a term of three years but upon the expiration of such term shall continue to hold his office as such member until his successor is appointed under this Act and, unless otherwise disqualified, shall be eligible for re-appointment.

Every appointment of a member of the Board (other than a member thereof ex officio) and any cancellation of such an appointment shall be made by way of notification published in the Gazette.

Upon publication of notification of the first appointment of the members of the Board (other than a member thereof ex officio) the Board shall be duly constituted.

As amended by Act of 1974, No. 63, s. 2; Act of 1979, No. 20, s. 2.

Section 2 (2) of Act of 1974, No. 63, reads as follows:-

(2) If, at the commencement of this Act, a member of the Board is a person who was appointed pursuant to section 4 (2) (c) of the Principal Act as the said paragraph (c) thereof stood prior to the commencement of this Act, that person may continue in office as a member of the Board, subject to the provisions of the Principal Act, until the expiration of his term of office or later completion of his term of office in accordance with section 4 (3) of the Principal Act, as the case requires, and he shall be eligible for re-appointment if he satisfies the requirements of paragraph (c) of section 4 (2) of the Principal Act as inserted by this section unless he is otherwise disqualified.

5. (1) Panel of nominees for membership of Board. For the purposes of section 4 (2), the governing committee for Queensland of the Australian Institute of Valuers shall furnish to the Minister and maintain with him a panel of names of not less than three of the members of such institute.

The persons whose names are to be included in the panel shall be persons usually resident in Queensland and shall be selected from amongst the members of the institute in such manner as may be prescribed or, if not prescribed, as the governing committee determines.

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4 ^:;S.6, 7 VALUERS REGISTRATION ACI' 1965-1979

(2) Power of appointment where panel deficient. If at any time when the Governor in Council is required, by this Act, to make an appointment to the Board a panel of names is not maintained as prescribed by subsection (1) of this section, the Governor in Council may nevertheless so appoint any person recommended by the Minister whether or not-

(a) his name appears 011 a panel furnished to the Minister as prescribed; or

(b) he is a member of the institute the governing committee of which is required by this Act to maintain such pane),

if such appointee is otherwise qualified to be a member of the Board.

(3) Appointment upon default of first appointee. When a person appointed as a member of the Board fails to assume his office as such member the Governor in Council may, upon the recommendation of the Minister, cancel such appointment and appoint any person as such member, if he is otherwise qualified to be a member of the Board, whether or not he is so qualified under paragraph (b) of subsection (2) of section four of this Act.

6. General disqualification of members of Board. A person shal] be disqualified from being a member of the Board if-

(a) he is an undischarged bankrupt or has entered into a subsisting arrangement or composition with or for the benefit of his creditors or he or his estate is otherwise subject to the Jaws in force for the time being relating to bankruptcy;

(b) he is a patient within the meaning of The Mental Health Acts, 1962 to 1964, or is otherwise incapable in Jaw of managing his own affairs;

(c) he has been convicted in Queensland of an indictable offence the maximum penalty for which is imprisonment for a period of at least twelve months or he has been convicted elsewhere than in Queensland of an offence which, if committed in Queensland, would constitute such an indictable offence;

(d) after the establishment of the register under this Act, he is not a registered valuer.

7. Vacation of office by members of Board. (1) A member of the Board (other than a member thereof ex officio) shall be taken to have vacated his office as such member if-

(a) he becomes disqualified from being a member of the Board;

(b) he dies;

(c) he is absent from three consecutive ordinary meetings of the Board, of which notice has been duly given to him, except upon leave of the Board first had and obtained;

(d) he resigns his office by writing under his hand delivered to the secretary or he declines to further act as such member;

(e) he is removed from his office by the Governor in Council for misbehaviour or incapacity (the Governor in Council being hereby empowered so to do by notification published in the Gazette).

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VALUERS REGISTRATION ACT 1965-1979 ss.8-11 (2) A member of the Board shall be deemed to have attended an ordinary meeting of the Board if-

(a) he attends at the time and place appointed for such meeting notwithstanding that, by reason of a quorum not being present, a meeting is not held at such time and place; and (b) the secretary has entered in the minute book the name of

such member so attending (the secretary being hereby required so to do).

8. Casual appointment to Board. Upon the occurrence of a casual vacancy in the membership of the Board (other than such a vacancy in the office of a member thereof ex officio) the Governor in Council shall, as prescribed, appoint a person to fill such vacancy.

The appointee shall be appointed for the balance of the term for which his predecessor was appointed and shall, if otherwise qualified, be eligible for re-appointment.

9. Secretary and officers of Board. The Governor in Council may appoint a secretary to the Board and such officers as he considers necessary for the purpose of carrying this Act into effect.

The Governor in Council may, with the approval of the Minister, appoint a member of the Public Service of Queensland to be secretary to or an officer of the Board in which event the appointee may hold such appointment in addition to any other position he holds in the Public Service of Queensland.

The Board may, with the approval of the Minister, in the event of a vacancy occurring in the office of secretary and until a new secretary is appointed or in the event of the temporary absence of the secretary for any reason, appoint some other person to act temporarily as secretary and such appointee, in either event, if he is a member of the Public Service of Queensland, may hold such appointment in addition to any other position he holds in the Public Service of Queensland.

10. Business of Board. Subject to this Act the business of the Board and the conduct of its meetings shall be conducted as the Board, from time to time, determines.

The provisions of the Schedule to this Act shall apply with respect to the matters referred to therein and shall be obeyed by the members of the Board and all other persons concerned.

The Governor in Council may, from time to time, by Order in Council, amend the Schedule to this Act (by addition thereto or deletion therefrom or variation of any provision thereof) and the Schedule as so amended shall become and be the Schedule to this Act.

11. Protection to Board members, etc. An act or thing done or suffered by a member of the Board, the secretary to or an officer of the Board, bona fide, in the execution or intended execution of this Act or in the exercise or discharge of any power, authority, duty or function of the Board or, as the case may be, the secretary or such officer shall not subject any member of the Board, the secretary, any officer of the Board, any other person of the Crown to any liability in respect thereof.

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6 ss. 12, 13 VALUERS REGISTRA nON Acr 1965-1979

PART III-REGISTRATION OF VALUERS

12. (1) Register. The Board shall establish and keep a register to be called the Register of Valuers of Queensland.

The register shall be in the custody of the secretary.

Any person may at all reasonable times, upon payment of such fee as may be prescribed, inspect such register at the office where the same is, for the time being, held.

(2) Mode of registration. Registration in the register shall be effected upon resolution of the Board and upon entry in the register of the following particulars:-

(a) the name of the valuer in question;

(b) the address of his place of business;

(c) the qualification by reason of which he is registered;

(d) the classification of the valuer in question as a rural valuer, urban valuer or, as the case may be, both; and

(e) such other particulars as may be prescribed or, in so far as not prescribed, as the Board considers necessary.

(3) Annual list of valuers. In the month of January in each year the secretary shall compile from the register a list of valuers registered as at the last day of December last preceding and shall furnish such list (certified by the secretary as correct) to the Minister.

Such list shall include in respect of each valuer whose name is included therein the classification of such valuer referred to in

subsection (2) of this section.

The Minister shall cause every such list received by him to be published in the Gazette under the heading" List of Registered Valuers of Queensland as at the (the date to which such list is compiled).".

13. Persons entitled to be registered valuers. Any of the following persons shall be entitled to be registered as a valuer:-

1. A person who-

(1) is of or above the age of twenty-five years at the date of commencement of this part; and

(2) makes application for registration as prescribed within four years after such date;

(3) satisfies the Board that-

(a) he is of good fame and character and is a fit and proper person to be registered as a valuer; and

(b) he has had sufficient practical experience in or in connexion with valuing land within the ten years last preceding the date of his application for registration; and

(c) where the applicant carries on business or is employed ~s

a public valuer elsewhere than in Queensland, he IS

regularly engaged in the valuation of land in Queensland.

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VALUERS REGISTRATION ACI' 1965-1979

2. A person who-

(1) is of or above the age of twenty-two years; and (2) satisfies the Board that-

s.14

(a) he is of good fame and character and is a fit and proper person to be registered as a valuer; and

(b) either-

(i) he holds a certificate of competence (recognized by the Board) of an approved institute of valuers; or

(ii) he has passed an approved examination; and (c)-

(i) he has had sufficient practical experience in or in connexion with valuing land for at least 4 years within the 10 years last preceding the date of his application for registration to enable him to perform competently valuations of land in Queensland; or

(ii) in a case where he has completed a full time course in land valuation of at least 3 years duration, he has had, subsequent to the completion of such course, sufficient practical experience in or in connexion with valuing land for at least 2 years within the 5 years last preceding the date of his application for registration to enable him to perform competently valuations of land in Queensland; and

(d) he is or intends to be engaged in performing valuations of land in Queensland.

In this section the expression " approved institute of valuers" means an institute, body or association of valuers duly prescribed as approved and the expression "approved examination" means an examination approved by the Board.

As amended by Act of 1967, No.4, s. 2; Act of 1969, No. 28, s. 2 0); Act of 1974, No. 63, s. 5; Act of 1979, No. 20, s. 4.

Section 2 (2) of Act of 1969 reads as follows:-

(2) Paragraph 1 of section 13 of the Principal Act as amended by this Act shall apply to every person who before the passing of this Act has made or hereafter makes application for registration as a valuer pursuant to that paragraph.

14. (1) Application for registration. A person who desires to be registered under this Act or to be so registered as a valuer of a particular classification referred to in subsection (5) of this section shall make application to the Board in or to the effect of the prescribed form and shaUlodge such application with the secretary.

Upon making such application the applicant shall pay to the Board such fee as may be prescribed.

(IA) A person who makes application pursuant to subsection (1) shall advertise in such form as the Board shall approve that he has applied to be registered as a valuer.

The advertisement shall appear once in such newspaper or newspapers circulating within the State as the Board directs.

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8 5.14 VALUERS REGISTRATION ACT 1965-1979

If the Board, in the particular case, so directs the applicant shal1 cause such advertisement to be published in a newspaper or, as the case may be, newspapers more than once.

The advertisement shall also state-

(a) that objections may be lodged with the secretary on or before a date specified therein and determined for that purpose by the Board (in this Part referred to as " the last day for the receipt of objections "); and

(b) the address of the applicant for service of any notices.

(2) Objection to application. A person who desires to object to any application made under subsection (1) of this section shall lodge on or before the last day for receipt of objections his objection in or to the effect of the prescribed form with the secretary.

(3) Disposal of applications and objections. As soon as practicable after the last day for the receipt of objections the Board shall consider each application made as prescribed and each objection thereto received by the secretary before that day and, in relation to such an application, may-

(a) call upon the applicant or an objector to attend in person before the Board at a place and time specified by the Board;

(b) examine the applicant or an objector upon oath or otherwise;

(c) require any person to verify by statutory declaration any statement made by him with respect to the applicant or the application or any objection;

(d) adjourn its consideration from time to time.

If an applicant or objector called upon to attend in person before the Board fails to so attend at the place and time specified the Board may, without further consideration refuse the application of such applicant failing to attend or, as the case may be, dismiss the objections of such objector failing to attend.

(4) Grant and refusal of application. If, upon completion of its consideration of an application, the Board is satisfied that the applicant is entitled to be registered under this Act it shall, by resolution, grant such application, determine the classification (as prescribed in subsection (5) of this section) of the applicant and direct the secretary to enter in the register the particulars authorized by this Act to be so entered but, if not so satisfied, the Board shall, by resolution, refuse such application.

When, pursuant to this subsection, the Board by resolution refuses in whole or in part an application for registration the Board shall by the same or another resolution specify its grounds for such refusal.

(5) Classification of registered valuers. Upon the grant of an application the Board shall determine the classification of the applicant as follows:-

(a) If the Board considers the applicant to be competent to value only rural land, he shall be classified as a rural valuer;

(b) If the Board considers the applicant to be competent to val ue only urban land, he shall be classified as an urban valuer;

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VALUERS REGISTRATION ACT 1965-1979 s.IS

(c) If the Board considers the applicant to be competent to value both rural and urban land, he shall be classified both as a rural valuer and as an urban valuer.

(6) Duty of secretary. The secretary-

(a) shall notify, in writing, an applicant whose application has been granted or, as the case may be, refused and, where the application has been refused, shall state the grounds therefor;

(b) shall not make or permit to be made any entry in the register except at the direction of the Board save where he is authorized so to do by this Act;

(c) shall, upon application made to him by a registered valuer and upon payment of such fee as may be prescribed, issue to such registered valuer a certificate of his registration in the prescribed form which shall include a reference to the classification of such registered valuer.

(7) A registered valuer classified as a rural valuer only shall not value land that is not rural land, and a registered valuer classified as an urban valuer only shall not value land that is not urban land.

Section 5 (2) of Act of 1979, No. 20, reads as follows:-

(2) Any application to be registered as a valuer received but not determined by the Board before the passing of this Act shall be dealt with and determined by the Board as if this Act had not been passed and the provisions of the Principal Act shall for that purpose continue to apply.

15. Annual roll fee. (1) Before the first day of October in each year (which date is, in this section, called the" prescribed date ") a registered valuer shall pay to the Board a roll fee as may be prescribed in respect of the next succeeding year and, at the time of payment of such fee, shall furnish to the secretary information in writing as to the address of his place of business:

Provided that where a person applies to be registered under this Act (whether for the first time or after a removal of his name from the register) during a year other than the year when this Act commences he shall pay by way of roll fee in respect of that year, at the same time as and in addition to any fee prescribed as a registration fee, an amount which bears to the amount of the prescribed roll fee the proportion which, at the date of such payment, the unexpired portion of that year bears to the whole year unless he has already paid a roll fee in respect of that year and, in that year in relation to such person the prescribed date shall be the thirty-first day of December.

(2) If a registered valuer does not pay the roll fee as prescribed by subsection (1) of this section the secretary shall forthwith notify him by post that his name and other particulars entered in the register may be removed from the register in accordance with this Act.

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10 ss.16-18 VALUERS REGISTRATION ACT 1965-1979

16. Correction of register. (1) If the Board is satisfied that-

(a) a person is registered under this Act by reason of a false statement made or produced to the Board;

(b) a person who is not entitled to be registered under this Act is so registered,

the Board shall direct that the name and other particulars of such person be removed from the register.

(2) If the Board is satisfied that any particular entered in the register in relation to any registered valuer is false or inaccurate the Board shall direct that such particular be removed from the register or, as the case may require, be corrected.

The Board shall perform the duty by this subsection imposed on it notwithstanding that at the time such particular was entered in the register it was not false or inaccurate.

(3) The secretary shall cause notification of a removal under this section to be given, in writing, to the registered valuer concerned and, in the case of a removal under subsection (1) of this section, to be published in the Gazette.

17. Voluntary removal from register. Upon the request in writing of a registered valuer, the Board shall direct-

(a) that his name and other particulars be removed from the register; or

(b) that anyone or more of the particulars entered in the register in relation to such registered valuer be removed from the register.

18. Removal of name from register. (1) The secretary may, at any time, and shall, if directed so to do by the Board, send to a registered valuer by registered post an inquiry as to whether or not he desires to have his name retained in the register.

I f -

(a) the registered valuer to whom such inquiry is addressed informs the secretary that he does not desire his name retained in the register; or

(b) such inquiry is returned unclaimed to the secretary; or

(c) a reply from such registered valuer to such inquiry is not received by the secretary within three months after the date of sending such inquiry,

the secretary shall report the matter to the Board which may direct that the name and other particulars of such registered valuer be removed from the register.

(2) A person whose name and other particulars have been removed from the register by reason of provision (b) or (c) of subsection (1) of this section may apply in writing to the Board that his name be restored to the register and the Board may, if it is satisfied that he is otherwise entitled to be registered and that it is proper to do so, and upon payment by him of such fee as may be prescribed, direct that his name and such other particulars be restored to the r~gister.

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VALUERS REGISTRATION ACT 1965-1979 58.19,20 11

19. Removal of name from register for specific cause. (1) The Board may direct the removal from the register of the name and other particulars entered therein of-

(a) a registered valuer who has died;

(b) a registered valuer who, in the opinion of the Board, does not possess the qualifications which would entitle him to be so registered;

(c) a registered valuer who is a patient within the meaning of The Mental Health Acts, 1962 to 1964, or is otherwise incapable in law of managing his own affairs;

(d) a registered valuer who has been convicted in Queensland of an indictable offence the maximum penalty for which is imprisonment for a period of at least twelve months or has been convicted elsewhere than in Queensland of an offence which, if committed in Queensland, would constitute such an indictable offence;

(e) a registered valuer who is an undischarged bankrupt by reason of circumstances which, in the opinion of the Board, were not beyond his control;

(f) a registered valuer who has not paid the roll fee prescribed by section fifteen of this Act within two months after it has become due and payable.

(2) A person whose name and other particulars are removed from the register under paragraph (f) of subsection (1) of this section may apply, in writing, to the secretary that his name and other particulars be restored to the register and the secretary shall, upon payment of the amount of the roll fee in question and of such other fee as may be prescribed, restore such name and other particulars to the register without a direction of the Board in that behalf.

20. Disciplinary action against registered valuer. (1) Any person may prefer to the Board a charge in writing that a registered valuer has been guilty of misconduct or conduct discreditable to him or is incompetent in the performance of his duties as a public valuer.

The Board may cause any such charge to be investigated.

(2) Where the Board considers it desirable so to do it may conduct an inquiry, investigation or hearing touching the matter of the charge and, where practicable, cause to be given to the registered valuer concerned a notice specifying, with sufficient particularity to enable him to answer the charge, the matter of such charge.

At such an inquiry, investigation or hearing the registered valuer concerned may appear either personally or by counselor solicitor and

be heard thereon. .

Where it has proved practicable to give to the registered valuer concerned notice of the matter of charge as prescribed by this subsection the Board shall give to him at least seven days' notice of the time and place at which such an inquiry, investigation or hearing is to be held.

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12 s. 21 VALUERS REGISTRATION ACT 1965-1979

(3) If the Board, upon stIch an inquiry, investigation or hearing, is satisfied that the registered valuer concerned is guilty of the charge against him the Board may, in its discretion, by resolution-

(a) reprimand and admonish him;

(b) require him to give an undertaking to abstain from conduct specified by the Board;

(c) impose on him a penalty not exceeding one hundred doUars;

(d) suspend his registration under this Act for a period not exceeding twelve months;

(e) cancel his registration under this Act and direct the removal from the register of his name and other particulars;

(f) require him to pay the amount of costs of and incidental to the inquiry, investigation and hearing assessed by the Board.

As soon as practicable after the Board resolves pursuant to this subsection the secretary shall cause written notification of such resolution to be given to the registered valuer concerned and, in the case of such a resolution to cancel or suspend the registration of a registered valuer, shall cause notification of such canceHation or suspension to be published in the Gazette.

(4) A person who fails to comply with a requisition of the Board made upon an inquiry, investigation or hearing under this section commits a continuing offence against this Act and is liable to a penalty of ten dollars for each day during which his failure to comply continues.

As amended by Act of 1969, No. 28, s. 6 Sch.; Act of 11971, No. 78, s. 29.

21. Appeal by aggrieved valuer. (1) A person aggrieved by-

(a) a refusal by the Board of an application for registration under this Act (whether for the first time or after a removal of his name from the register) or for the restoration of his name and other particulars to the register; or

(b) a removal of his name or any particular concerning him from the register otherwise than pursuant to paragraph (f) of subsection (1) of section nineteen of this Act,

may appeal against such refusal or, as the case may be, the direction of the Board for such removal to a Judge of the District Court at Brisbane who shall have jurisdiction to hear and determine the same.

(2) Every such appeal shall be by way of rehearing upon the evidence adduced before the Board and the decision of a Judge of the District Court upon such an appeal shaH be final and binding on all persons concerned.

(3) A person who desires to appeal against a refusal or direction of the Board shaH,-

(a) within twenty-eight days after the date of such refusal or, as the case may be, direction, serve on the secretary a notice of appeal in or to the effect of the prescribed form setting out the grounds of appeal; and

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VALUERS REGISTRATION ACT 1965-1979 s.22

(b) within seven days of the service of such notice deposit with the Registrar of the District Court the sum of one hundred dollars by way of security for the costs of the appeal.

(4) Upon being served with a notice of appeal under subsection (3) of this section the secretary shall forthwith send to the Registrar of the District Court a copy of such notice and of the evidence before the Board, the resolution and direction (if any) of the Board relevant to the matter of appeal.

(5) Rules of court may be made under the District Courts Act 1967-1976 with respect to the institution, conduct and disposal of an appeal.

Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he may think fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof.

(6) The proceeding on appeal under this section shall be deemed to be a proceeding before a District Court.

As amended by Act of 1969, No. 28, s. 6 Sch.; Act of 1979, No. 20, s. 7.

22. (1) Unauthorised dealing with register prohibited. Save as is by this Act otherwise prescribed, a person shall not-

(a) make an entry in the register;

(b) remove a name or any other particular from the register;

(c) restore a name or any other particular to the register,

except upon a lawful direction of the Board or, in the case of an appeal as prescribed, upon an order of a Judge of the District Court.

(2) Duty of secretary. The secretary shall comply with every lawful direction of the Board and, in the case of an appeal as prescribed, every order of a Judge of the District Court.

(3) Effect of removal from register or suspension. A person whose name and other particulars have been duly removed from the register or whose registration under this Act has been duly suspended shall thereupon cease to be registered under this Act and shall continue to be unregistered until his name is duly restored to the register or, as the case may be, the period of such suspension expires.

(4) Surrender of certificate. When a person in respect of whom a certificate has been issued under section fourteen of this Act ceases to be registered under this Act the Board may, in writing given to such person and to any other person in whose possession such certificate is, demand the surrender of such certificate.

Within fourteen days after the making of such a demand a person upon whom such demand is made shall surrender or cause to be surrendered to the Board such certificate.

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14 ss.23-24A VALUERS REGISTRATION ACT 1965-1979

(5) Waiver of fee. Notwithstanding the provisions of this Act, the Board may waive the payment (in whole or in part) of a fee otherwise payable in respect of registration under this Act, a restoration of a name to the register or the issue of a certificate under this Act whenever it appears to the Board just so to do.

(6) Retention of fees. When an application by any person to be registered under this Act or to have his name or any other particular restored to or entered in the register is refused the Board shall retain any fee which he has paid pursuant to this Act in connection with such application.

23. Proof of contents of register. A certificate purporting to be signed by the secretary that-

(a) at a time or for a period specified therein a person named therein was or was not a registered valuer; or

(b) on a date specified therein the name or other particular of a person named therein was removed from the register; or

(c) on a date specified therein the registration of a person named therein was suspended for a period specified therein,

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.

24. Offences with respect to register. A person shall not- (a) make an entry in the register;

(b) alter an entry lawfully made in the register;

(c) make an entry in the register which, to his knowledge, is false;

(d) make or produce to the Board any statement which, to his knowledge, is false with the intent that he or another person should be registered under this Act,

unless, in the case referred to in provision (a) or (b) of this section he is authorized under this Act so to do.

PART IlIA-PROVISIONAL LICENSED VALUERS

24A. Licensing as provisional licensed valuers. (1) Subject to the provisions of this Part of this Act, a person who-

(a) is of or abov~ the age of 30 years; and (b) satisfies the Board that-

(i) he is of good fame and character and is a fit and proper person to be licensed as a provisional licensed valuer; and (ii) he has had sufficient practical experience in or in connexion with valuing land within the five years last preceding the date of his application for a licence to enable him to perform competently valuations of land in Queensland,

may be licensed as a provisional licensed valuer.

(16)

VALUERS REGISTRATION Acr 1965-1979 S.24B 15

(2) A person desiring to be licensed as a provisional licensed valuer shall-

(a) make application to the Board in the prescribed form;

(b) lodge the application with the secretary; and (c) pay to the Board such fee as may be prescribed.

(3) A person who makes application pursuant to subsection (2) shall advertise in such form as the Board shall approve that he has applied to be licensed as a provisional licensed valuer.

The advertisement shall appear once in a newspaper circulating in the geographical limits to which the application refers and in such other newspaper (if any) within the State as the Board directs.

If the Board, in the particular case, so directs the applicant shall cause such advertisement to be published in a newspaper or, as the case may be, newspapers more than once.

The advertisement shall also state-

(a) that objections may be lodged with the secretary on or before a date specified therein and determined for that purpose by the Board (in this Part referred to as "the last day for the receipt of objections "); and

(b) the address of the applicant for service of any notices.

Heading inserted by Act of 1971, No. 78, s. 30.

S. 24A inserted :by Act of 1971. No. 78. s. 30; as amended by Act of 1979, No.

20, s. 9.

Section 9 (2) Of Act of 1979, No. 20, reads as follows:-

(2) (a) Any application to be licensed as a provisional licensed valuer

recei~ed but not determined by the Board before the passing 9f this Act shall

~ dealt with and determined by the Board as if this Act had not been passed an,d the provisions of the Principal Act shaH for that purpose continue to apply.

(b) The provisions of Part IlIA of the Principal Act shaH continue to apply as if this Act had not been passed with respect to each person-

(i) who immediately prior to the passing of this Act is licensed as a provisional

licensed valuer under that Part; or .

(ii) whose application to be licensed as a provisional licensed valuer is granted pursuant to paragraph (a) of this subsection after the passing of this Act, fOI;" so long as his provisional licensed valuer's license remaiDs in force.

24B. Duration and renewal of licences. (1) A provisional licensed valuer's licence shall take effect on and from the date of its issue and shall expire on the thirty-first day of December next following but may be renewed as herein provided.

(2) A provisional licensed valuer who desires a renewal of his licence shall-

(a) make application to the Board in the prescribed form prior to the first day of October before the expiry of the licence except where its date of issue is on or after the first day of October in any year in which case he shall make application on or before a date specified by the Board at the time it grants the application for the licence;

(b) lodge the application with the secretary; and (c) pay to the Board such fee as may be prescribed.

(17)

16 ss.24c-24E VALUERS REGISTRATION ACT 1965-1979

(3) The provisions of subsection (2) of this section apply with necessary adaptations where the provisional licensed valuer desires further renewals.

Inserted by Act of 1971, No. 78, s. 31.

24C. Objection to application. A person who desires to object to any application made under this Part of this Act shall lodge on or before the last day for the receipt of objections with the secretary his objection in the prescribed form.

Every objection shall state the grounds of objection and the facts and circumstances relied on by the objector in support of those grounds and a copy thereof shall be given by the objector to the applicant on or before the last day for the receipt of objections.

The applicant by writing lodged with the secretary at any time before the Board determines his application may answer objections lodged against his application.

Inserted by Act of 1971, No. 78, s. 31; as amended by Act of 1979, No. 20, s. 10.

240. Procedure and Board's determination following application and any objection. (1) The provisions of subsection (3) of section 14 of this Act apply with necessary adaptations to applications made and objections lodged under this Part of this Act.

(1A) The Board shall grant a provisional licensed valuer's licence to a person only if it is satisfied that a registered valuer is not readily available to make valuations of land within the geographical limits specified in the licence.

(2) If the Board is satisfied, following consideration of an application and any objection thereto, that the applicant should be licensed as a provisional licensed valuer or receive any renewal thereof, it shall, by resolution, grant the application, determine any restrictions to the grant pursuant to section 24E of this Act, and direct the secretary to issue to the applicant the licence or any renewal thereof on payment of the prescribed fee and to enter in the register of provisional licensed valuers, the particulars required or authorized by this Act to be entered, but, if it is not so satisfied, it shall, by resolution, refuse the application.

(3) Where the date of issue of a licence is on or after the first day of October in any year, the Board, in granting the application for the licence, shall specify the date on or before which the provisional licensed valuer shall make application for any renewal thereof.

(4) No appeal lies against the determination of the Board to grant or to refuse an application for a licence or to grant an application for any renewal thereof or against its determination of any restrictions in respect of any such grant.

24E. Classification of provisional licensed valuers. (1) Upon the granting of an application, the Board shall determine the classification of the applicant as follows:-

(a) If the Board considers the applicant to be competent to value only rural land, he shall be licensed to value rural land only;

(18)

VALUERS REGISTRATION ACT 1965-1979 SS.24F-24G 17

(b) If the Board considers the applicant to be competent to value only urban land, he shall be licensed to value urban land only;

(c) If the Board considers the applicant to be competent to value both rural land and urban land, he shall be licensed to value both rural land and urban land.

(2) In each case the Board shall determine the geographical limits within which the applicant may value (which limits shall be specified in the licence), and a provisional licensed valuer shall not value outside such determined limits.

24F. Register of provisional licensed valuers. (1) The Board shall establish and keep a register to be called the " Register of Provisional Licensed Valuers" which shall be in the custody of the secretary.

(2) A person may at all reasonable times, upon payment of such fee as may be prescribed, inspect the register of provisional licensed valuers at the office where it is, for the time being, held.

(3) There shall be entered in the register of provisional licensed valuers in respect of each provisional licensed valuer-

(a) his full name and residential address;

(b) the address of his place of business or employment;

(c) the number (if any) and date of issue of his licence and details of any renewal thereof;

(d) his licence classification enabling him to value rural land only or urban land only or both rural land and urban land;

(e) the geographical limits within which he may value;

(f) such other particulars as may be prescribed or, in so far as not prescribed, as the Board considers necessary.

24G. Annual list of provisional licensed valuers. (1) In the month of January in each year the secretary shall compile from the register of provisional licensed valuers a list of provisional licensed valuers licensed as at the first day of that month and shall furnish the list (certified by the secretary as correct) to the Minister.

(2) The list shall include in respect of each provisional licensed valuer whose name is included therein his licence classification referred to in paragraph (d) of subsection (3) of section 24F of this Act and the geographical limits referred to in paragraph (e) of that subsection.

(3) The Minister shall cause every such list received by him to be published in the Gazette under the heading" List of Provisional Licensed Valuers of Queensland as at the (the date to which such list is compiled) ".

(19)

18 ss.24H-24K VALUERS REGISTRATION ACT 1965-1979

24H. Secretary to issue licences, etc. The Secretary shall-

(a) give written notification to an applicant for a licence or any renewal thereof whose application has been granted or, as the case may be, refused and shall give written notification to an objector of the determination of the Board on the objection;

(b) pursuant to a direction of the Board under subsection (2) of section 24D of this Act, issue to an applicant a licence or any renewal thereof in the prescribed form on payment of the prescribed fee;

(c) enter in the register of provisional1icensed valuers the particulars required or authorized by this Act to be entered therein and shall not make or permit to be made therein any other entry except at the direction of the Board;

(d) permit a person to inspect the register of provisional licensed valuers in accordance with the provisions of subsection (2) of section 24F of this Act and on the terms therein set out.

W. Notification by secretary where renewal application, etc., late. If a provisional licensed valuer does not make application for renewal of his licence or pay such fee as may be prescribed in respect thereof prior to the first day of October before the expiry of his licence or on or before the date specified by the Board, as the case requires, in accordance with the provisions of subsections (2) and (3) of section 24B of this Act, the secretary shall forthwith notify him by post that his licence will expire on the thirty-first day of December next following unless it is renewed in accordance with this Act.

24K. Cancellation of licence where false statement made, etc. (1) If the Board is satisfied that a person is licensed as a provisional licensed valuer under this Act by reason of a false statement made or produced to it or that a person who is not entitled to be licensed as a provisional licensed valuer under this Act is so licensed, it shall direct that the licence granted to that person be cancelled and the same shall thereupon be cancelled whereupon the secretary shall, at the direction of the Board, remove the name and other particulars of that person from the register of provisional licensed valuers.

(2) If the Board is satisfied that any particular entered in the register of provisional licensed valuers in relation to any provisional licensed valuer is false or inaccurate, it shall direct that such particular be removed from that register or, as the case may require, corrected.

The Board shall perform the duty imposed on it by this subsection notwithstanding that at the time the particular was entered in such register it was not false or inaccurate.

(3) The secretary shall cause-

(a) notification of cancellation of a licence;

(b) notification of a removal

(20)

VALUERS REGISTRATION ACT 1965-1979 ss. 24L, 24M 19 under this section to be given, in writing, to the provisional licensed valuer concerned and, in the case of a cancellation and removal under subsection (1) of this section, to be published in the Gazette.

(4) The notification given to a provisional licensed valuer in respect of a cancellation and removal under subsection (1) of this section shall require him to deliver up to the secretary his licence not later than a date specified in the notification and he shall deliver up to the secretary his licence not later than that specified date.

24L. Surrender of licence. (1) Upon the request in writing of a provisional licensed valuer, the Board may direct-

(a) that his licence be cancelled and his name and other particulars entered in the register of provisional licensed valuers be removed therefrom; or

(b) that anyone or more of the particulars entered in that register in relation to such provisional licensed valuer be removed from the register.

(2) Where a provisional licensed valuer becomes registered as a valuer under this Act, he ceases thereupon to be a provisional licensed valuer and the secretary shall remove his name and other particulars from the register of provisional licensed valuers.

(3) A provisional licensed valuer shall deliver up his licence to the secretary-

(a) with his request in writing for its cancellation under subsection (1) of this section;

(b) upon becoming registered as a valuer under this Act.

24M. Cancellation of licence for specific cause. The Board may direct that a licence granted to a provisional licensed valuer be cancelled where he-

(a) has died;

(b) does not, in the Oplll10n of the Board, possess the qualifications which would entitle him to be so licensed;

(c) is a patient within the meaning of The Mental Health Acts 1962 to 1964 or is otherwise incapable in law of managing his own affairs;

(d) has been convicted in Queensland of an indictable offence the maximum penalty for which is imprisonment for a period of at least twelve months or has been convicted elsewhere than in Queensland for an offence which, if committed in Queensland, would constitute such an indictable offence;

(e) is an undischarged bankrupt by reason of circumstances which, in the opinion of the Board, were not beyond his control,

(21)

20 S.24N VALUERS REGISTRATION ACT 1965-1979

and the licence shall thereupon be cancelled whereupon the secretary shall, at the direction of the Board, remove the name and other particulars of that provisional licensed valuer from the register of provisional licensed valuers.

24N. Disciplinary action against provisional licensed valuer. (1) The provisions of subsections (1) and (2) of section 20 of this Act apply, with necessary adaptations, in the case of a provisional licensed valuer, a reference to a registered valuer or a public valuer in the subsections being read as a reference to a provisional licensed valuer.

(2) If the Board, upon an inquiry, investigation or hearing, is satisfied that the provisional licensed valuer concerned is guilty of the charge against him the Board may, in its discretion, by resolution-

(a) reprimand and admonish him;

(b) require him to give an undertaking to abstain from conduct specified by the Board;

(c) impose on him a penalty not exceeding one hundred dollars;

(d) suspend his licence (and he shall thereupon be unlicensed) for the remainder of the year for which it was granted or for such part of that remainder as it thinks fit;

(e) direct that his licence be cancelled and the same shall thereupon be cancelled;

(f) require him to pay the amount of costs of and incidental to the inquiry, investigation or hearing assessed by the Board.

(3) As soon as practicable after the Board resolves pursuant to subsection (2) of this section, the secretary shall cause written notification of such resolution to be given to the provisional licensed valuer concerned.

(4) The secretary shall, in the case of a resolution to cancel a licence pursuant to paragraph (e) of subsection (2) of this section, remove, at the direction of the Board, the name and other particulars of the provisional licensed valuer concerned from the register of provisional licensed valuers and shall, in the case of a resolution to suspend a licence pursuant to paragraph (d) of that subsection, make such entry in that register as is prescribed or, in so far as not prescribed, as the Board directs.

In each case of a resolution to cancel or suspend a licence as referred to in this subsection, the secretary shall, as soon as practicable after the resolution of the Board, cause notification of such cancellation or suspension to be published in the Gazette.

(5) A written notification given pursuant to subsection (3) of this section following a resolution of the Board to cancel or suspend a licence shall require the provisional licensed valuer to deliver up to the secretary his licence not later than a date specified in the notification and he shaH deliver up to the secretary his licence not later than that specified date.

(22)

VALUERS REGISTRATION ACT 1965-1979 s.Up 21

(6) A person who fails to comply with a requisition of the Board made upon an inquiry, investigation or hearing under this section commits a continuing offence against this Act and is liable to a penalty of ten dollars for each day during which his failure to comply continues.

24P. Appeal by aggrieved provisional licensed valuer. (1) A person aggrieved by the cancellation or suspension of his licence pursuant to a direction of the Board under this Part of this Act or by the determination of the Board pursuant to section 24D of this Act to refuse an application for a renewal of his licence may appeal against the direction of the Board for such cancellation or suspension or against the determination of the Board to refuse the application, as the case may be, to a Judge of the District Court at Brisbane who shall have jurisdiction to hear and determine the same and whose decision shall be final and binding on the Board and all persons concerned.

(2) Every such appeal shall be by way of rehearing and shall be instituted within twenty-eight days after the effective date of the cancellation or suspension of the licence or within twenty-eight days after the giving to the applicant of the written notification referred to in section 24H of this Act, as the case requires, by filing in the registry of the District Court at Brisbane a notice of appeal setting out the grounds of appeal.

(3) Within seven days of the filing of the notice of appeal, the person appealing shal1 serve a copy of such notice on the secretary and deposit with the registrar of the District Court the sum of one hundred dollars by way of security for the costs of the appeal.

(4) Upon being served with the copy of the notice of appeal, the secretary shall forthwith forward to the registrar of the District Court a copy of any evidence, resolution, determination, direction or other writing of or in the possession of the Board relevant to the matter of appeal.

(5) All such rules of court as may be deemed necessary or desirable or convenient for regulating the procedure and practice of the District Court for the purpose of giving full effect to this section may be made and the provisions of the District Courts Act 1967-1969 shall apply and extend in respect of such rules of court.

Until such rules of court are made, or in so far as such rules of court do not extend, the Judge hearing any appeal under this section may, in the particular case, give such directions as he thinks fit, and the directions shall, according to their tenor, have the force and effect of rules of court made for the purposes thereof.

(6) The proceeding on appeal under this section shall be deemed to be a proceeding before a District Court.

Inserted by Act of 1971, No. 78, s. 37; as amended by Act of 1979, No. 20 s. 13.

(23)

22 ss.24Q-24u VALUERS REGISTRATION ACT 1965-1979

24Q. Unauthorized dealing with register of provisional licensed valuers, etc., prohibited. Save as is by this Act otherwise prescribed, a person shall not-

(a) make an entry in the register of provisional licensed valuers;

(b) remove a name or any other particular from such register;

(c) restore a name or any other particular to such register;

(d) issue any licence or any renewal thereof,

except upon a lawful direction of the Board or, in the case of an appeal under this Part of this Act, upon an order of a Judge of the District Court.

24R. Duty of secretary under this Part. In respect of this Part of this Act, the secretary shall comply with every direction of the Board and, in the case of an appeal as prescribed by section 24p of this Act, every order of a Judge of the District Court.

248. Waiver or retention of fee. (1) Notwithstanding the provisions of this Act, the Board may waive the payment (in whole or in part) of a fee otherwise payable in respect of an application for or a granting of a licence or any renewal thereof whenever it appears to the Board just to do so.

(2) When an application by any person for a licence or any renewal thereof under this Part of this Act is refused, the Board shall retain any fee which he has paid pursuant to this Act in connexion with such application.

24T. Proof of contents of register of provisional licensed valuers. A certificate purporting to be signed by the secretary that-

(a) at a time or for a period specified therein a person named therein was or was not a provisional licensed valuer;

(b) on a date specified therein the licence of a person named therein was cancelled and that the name or other particular of that person was removed from the register of provisional licensed valuers;

(c) on a date specified therein the licence of a person named therein was suspended for a period specified therein,

shall, upon its production in any proceeding, be evidence and, in the absence of evidence to the contrary, shall be conclusive evidence of the matters contained therein.

24U. Other offences with respect to register of provisional licensed valuers. A person shall not-

(a) alter any entry lawfully made in the register of provisional licensed valuers or any particulars lawfully contained in a licence unless he is authorized under this Act to do so;

(24)

VALUERS REGISTRATION ACT 1965-1979 s. 25 23

(b) make an entry in the register of provisional licensed valuers or insert any particular in or make an endorsement on a licence which, to his knowledge, is false;

(c) make or produce to the Board any statement which, to his knowledge, is false with the intent that he or another person should be granted a licence.

PART IV-MISCELLANEOUS PROVISIONS

25. Practice of unregistered valuer prohibited. (1) On and after a date to be fixed by the Governor in Council by Order in Council a person-

(a) shall not advertise himself or hold himself out as a public valuer;

(b) shall not carryon or attempt to carry on the business of a public valuer;

(c) shall not take, use or exhibit any name, letter, word, title, description or symbol which, either alone or in the circumstances in which it is taken, used or exhibited, indicates or is capable of being reasonably understood to indicate or is intended by such person to indicate that he is a public valuer or is entitled to carry on the business of a public valuer;

(d) being a public valuer, shall not value land or any estate or interest in land,

unless he is a registered valuer.

(2) A person engaged, whether on his own account or as an employee of the Crown or of any other person, in the profession of architecture, engineering or quantity surveying shall not be taken to contravene any provision of subsection (1) of this section by reason only that-

(a) he makes or holds himself out as ready to make a valuation of any land or of any building, structure or improvement affixed to land in the discharge of the duties of his profession aforesaid or, if he is an architect, under the authority of The Building Societies Acts 1886 to 1968 or of an approval given under those Acts or The Co-operative Housing Societies Acts

1958 to 1967; and

(b) he is not a registered valuer.

(3) Notwithstanding the provisions of subsection (1) of this section, a provisional licensed valuer may value land or an estate or interest in land in accordance with the classification and geographical limits referred to in section 24E of this Act and applicable to him and otherwise in accordance with the terms and conditions of his licence and with this Act.

(4) A person shall not at any time act as or represent himself in any way to be a provisional licensed valuer unless he is at that time licensed as a provisional licensed valuer under this Act.

14 February 1970 fixed as date by Governor in Council (see Order in Council published Gazette 30 November 1968, p. 1175),