Architects Act 1929

An Act to provide for the registration of architects and to regulate the practice of architecture

[Royal Assent 16 December 1929]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

(1)  This Act may be cited as the Architects Act 1929 .

(2)  This Act shall come into operation on 1st January 1930.

2.   Interpretation

[Section 2 Amended by 25 Geo. V No. 78 ][Section 2 Amended by 7 Geo. VI No. 68, s. 2 ][Section 2 Amended by No. 59 of 1970, s. 2 ]In this Act –

architect means a person registered as an architect in accordance with this Act;

architect or architecture does not include naval architect or naval architecture or landscape architect or landscape architecture;

Board means the Board of Architects of Tasmania established by this Act;

Institute means the Tasmanian Chapter of the Royal Australian Institute of Architects or any other institute which may hereafter be substituted therefor;

member means member of the Board;

register means the register of architects under this Act;

Registrar means the Registrar appointed by the Board under this Act.

PART II - The Board

3.   Establishment of Board of Architects of Tasmania

(1)  For the purposes of this Act there shall be established a Board, to be called the "Board of Architects of Tasmania".

(2)  The Board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

4.   Constitution of Board

(1)  [Section 4 Subsection (1) amended by 25 Geo. V No. 78 ]The Board shall consist of 5 members, as follows:

(a) The President of the Institute;

(b) Two persons appointed by the Governor; and

(c) Two persons, who shall be practising architects, elected by the council of the Institute in the manner prescribed.

(2)  [Section 4 Subsection (2) amended by 25 Geo. V No. 78 ]The Board shall elect one of its members as chairman of the Board, and any 3 members of the Board shall be a quorum for the conduct of business.

(3)  [Section 4 Subsection (3) amended by 25 Geo. V No. 78 ]The President of the Institute shall hold office so long as he is such President, and every other member shall hold office for a term of 3 years, and shall be eligible for re-appointment or re-election, as the case may be.

(4)  The Governor may remove any member for neglect of duty, incompetence, dishonourable conduct, or other cause which he considers sufficient.

(5)  If the office of a member becomes vacant during the term for which he is appointed or elected, a member shall be appointed or elected in his place who shall hold office for the remainder of such term.

(6)  If a member is likely from any cause to be absent from meetings of the Board for more than 3 months, the Governor may appoint a deputy to act for him during his absence, and such deputy shall have the same powers, rights, and duties as the member in whose place he is appointed.

(7)  [Section 4 Subsection (7), formerly (8), amended by 25 Geo. V No. 78 ][Section 4 Subsection (7), formerly (8), renumbered by No. 41 of 1961, s. 5 and Sched. 4 ]If at any time the President of the Institute fails to act as a member, or if the council of the Institute fails to elect its representatives to the Board within the prescribed time, or if such representatives fail to act as members, the Governor may appoint any person to be a member to fill the vacancy occasioned by any such failure, and any person so appointed shall for all purposes be deemed to have been duly appointed or elected as a member.

(8)  [Section 4 Subsection (8), formerly (9), substituted by No. 36 of 1958, s. 4 and Sched. 3 ][Section 4 Subsection (8), formerly (9), renumbered by No. 41 of 1961, s. 5 and Sched. 4 ][Section 4 Subsection (8), formerly (9), amended by No. 55 of 1965, s. 5 and No. 59 of 1970, s. 3 ]A member of the Board shall be paid a fee of $5 for each meeting of the Board that he attends, but the fees so paid to any one member during any period of 12 months shall not exceed $50.

4A.   

[Section 4A Inserted by No. 26 of 2003, s. 4, Applied:03 Sep 2003] [Section 4A Repealed by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017] .  .  .  .  .  .  .  .  

5.   Business

Subject to this Act, the Board shall meet at such times and conduct its business in such manner as the members may decide, or as may be prescribed.

6.   Vacancies

(1)  The office of a member shall become vacant if he –

(a) becomes bankrupt or compounds with his creditors;

(b) is absent without leave of the Board from 3 consecutive meetings of which due notice has been given to him either personally or by post;

(c) resigns his office by writing under his own hand addressed to the Governor; or

(d) is removed from office by the Governor.

(2)  The validity of any act or resolution of the Board shall not be affected by any informality or irregularity in its constitution, and a quorum of the Board may exercise all the powers and authority of the Board notwithstanding that the office of a member may be vacant.

7.   Registrar and other officers

(1)  The Board shall appoint a Registrar, and such other officers as the Board thinks necessary, and may pay to any person so appointed such salary or remuneration as the Board thinks fit.

(2)  The Registrar shall be charged with the custody of the register.

8.   Funds of Board

(1)  All moneys received by the Board or the Registrar under this Act shall be paid into the funds of the Board.

(2)  The remuneration of the Registrar, and the officers appointed by the Board, and all other expenses of and incidental to the administration of this Act, shall be paid by the Board out of its funds.

(3)  [Section 8 Subsection (3) added by No. 86 of 1950, s. 3 ]Any surplus moneys in the funds of the Board which are not required for the purposes of subsection (2) may be expended by the Board for the purposes of the advancement of architecture in such manner as the Board may determine.

PART III - Register

9.   Register of architects

(1)  There shall be a register of architects to be kept as prescribed.

(2)  On payment of the prescribed fee, the Registrar shall enter in the register –

(a) the full name and address of all persons registered as architects;

(b) the date and description of the qualification in respect of which such registration is granted; and

(c) such other particulars as may be prescribed.

(3)  [Section 9 Subsection (3) added by No. 58 of 1987, s. 3 and Sched. 1 ]Where the Registrar becomes aware of any change to any particular entered in the register in respect of a person registered as an architect, the Registrar shall amend that particular accordingly.

(4)  [Section 9 Subsection (4) added by No. 58 of 1987, s. 3 and Sched. 1 ]The register shall be made available at all reasonable times for inspection by any person at the office of the Board.

10.   Publication of list of registered architects

[Section 10 Substituted by No. 58 of 1987, s. 3 and Sched. 1 ]The Registrar may, if he or she considers it appropriate, publish in the Gazette the registered number, name, and address of every architect whose name is in the register referred to in section 9 at that time.

11.   Registration fee

(1)  Every architect shall, on or before 31st January in each year, pay to the Registrar the prescribed registration fee in respect of the year commencing on 1st January in that year.

(2)  If any architect fails to pay the prescribed annual registration fee within the time prescribed by subsection (1) or within such further time as the Board in any case may grant, the Board may remove his name from the register.

PART IV - Architects

12.   Good character

[Section 12 Amended by No. 21 of 1973, s. 5 and Sched. 1 ]No person shall be entitled to be registered as an architect unless he satisfies the Board that he is of good fame and character.

13.   Qualifications for registration

[Section 13 Substituted by No. 59 of 1970, s. 5 ]

(1)  [Section 13 Subsection (1) amended by No. 87 of 1984, s. 4 ]Subject to this Act, any person who has –

(a) passed –

(i) the examination for the Diploma of Architecture of the Hobart Technical College; or

(ii) an examination of a university, college, school, or public institution for the training of architects the passing of which examination is recognized by the Council of the Royal Australian Institute of Architects as conferring an entitlement to apply for admission to corporate membership of that Institute; and

(b) completed in the aggregate at least 2 years of practical experience that is approved by the Board and of which at least one year shall be after passing an examination referred to in paragraph (a) ; and

(c) passed such oral and written examinations as may be required by the Board for the purpose of satisfying it that the applicant has acquired a practical knowledge of the architect's profession –

or whose name was on the register on 1st November 1970 is entitled to registration as an architect under this Act.

(2)  [Section 13 Subsection (2) added by No. 28 of 1974, s. 2 ]Without prejudice to the provisions of subsection (1) , any person who is in the opinion of the Board, by reason of his ability and competence in the field of architecture whether an employee of the Crown or otherwise, a person whom it is proper to register is entitled to registration as an architect under this Act.

14.   Application for registration

(1)  Every original application for registration shall –

(a) be made to the Board in the prescribed manner;

(b) be supported by such evidence as the Board may require; and

(c) be accompanied by the prescribed fee.

(2)  Application by an architect whose name is on the roll for renewal of registration may be made to the Registrar and shall be accompanied by the prescribed fee.

15.   Certificates of registration

(1)  The Board may issue certificates of registration as prescribed.

(2)  [Section 15 Subsection (2) amended by No. 59 of 1970, s. 6 ]Every such certificate shall remain in force until 31st December next after the date on which the registration fee is paid in accordance with section 11 .

16.   Disciplinary power of the Board

[Section 16 Substituted by No. 9 of 1956, s. 2 ]

(1)  Where an architect is –

(a) convicted of –

(i) a crime;

(ii) an offence which, if committed in this State, would be a crime; or

(iii) a contravention of section 19 (2) ; or

(b) alleged to be guilty of infamous or improper conduct in a professional respect, or not to possess the qualifications in respect of which he was registered –

the Board may summon him to appear before it in accordance with subsection (2) .

(2)  A summons under subsection (1) –

(a) in a case to which paragraph (a) of that subsection applies, shall contain particulars of the conviction and inform the architect summoned that he must show cause why his name should not be removed from the register;

(b) in a case to which paragraph (b) of that subsection applies, shall contain the substance of the allegation and inform the architect summoned that he may answer it;

(c) shall be under the seal of the Board; and

(d) may be served personally or by registered post.

(3)  If a person duly served with a summons under subsection (2) does not appear in accordance therewith, or having so appeared absents himself during the course of the Board's hearing thereon, the Board may proceed as if he were present.

(4)  The Board upon hearing –

(a) in the case to which paragraph (a) of subsection (1) applies, any cause shown by the architect; or

(b) in the case to which paragraph (b) of that subsection applies, what is said for and against the allegation –

may make an order in accordance with subsection (5) .

(5)  [Section 16 Subsection (5) amended by No. 55 of 1965, s. 5 ]The Board may for the purposes of subsection (4) order –

(a) where an architect is guilty of improper conduct in a professional respect, that –

(i) his registration be suspended for a term not exceeding 12 months;

(ii) he pay the Board a fine of not more than $200; or

(iii) he be reprimanded by the Board; and

(b) where an architect –

(i) has been convicted as mentioned in paragraph (a) of subsection (1) ;

(ii) is guilty of infamous conduct in a professional respect; or

(iii) is found not to possess the qualifications in respect of which he is registered –

that his name be removed from the register, or make any order that it might make under paragraph (a) .

(6)  [Section 16 Subsection (6), formerly (5), renumbered by No. 41 of 1961, s. 5 and Sched. 4 ]In determining whether an architect is guilty of infamous or improper conduct in a professional respect regard may be had to any document promulgated by the Board with the approval of the Minister and declaring the proper conduct of architects in a professional respect.

17.   Removal from register

[Section 17 Substituted by No. 9 of 1956, s. 2 ]

(1)  The Board shall remove from the register the name of any person –

(a) who has died; or

(b) whose name it has ordered to be removed from the register under section 16 .

(2)  While an architect's registration is suspended under section 16 , his name shall be deemed to have been removed from the register.

17A.   Right of appeal

[Section 17A Inserted by No. 9 of 1956, s. 2 ]

(1)  A person –

(a) whose application for registration has been refused on any ground other than that he has not passed the prescribed examination; or

(b) against whom an order has been made under section 16 –

may appeal to the Supreme Court.

(2)  An appeal under this section shall be subject to the Rules of Court under the Supreme Court Civil Procedure Act 1932 and therein the Court may make such order, including an order as to costs, as it thinks just.

(3)  The Board shall comply with an order of the Supreme Court under this section.

17B.   Removal for incompetence

[Section 17B Inserted by No. 59 of 1970, s. 7 ]

(1)  A judge in chambers may, upon application by the Board and an affidavit showing a prima facie case that an architect is professionally incompetent, order that architect to show cause before the Supreme Court why his name should not be removed from the register.

(2)  If on the return of an order under subsection (1) it appears to the Supreme Court that the respondent is professionally incompetent, it may order the Board to remove his name from the register and the Board shall comply.

18.   Restoration of name

[Section 18 Amended by 25 Geo. V No. 78 ]

(1)  The Board –

(a) if in any case it thinks fit, may; and

(b) if a judge so orders, shall –

restore to the register the name of any person whose name has been removed therefrom.

(2)  Such restoration shall be effected –

(a) if the Board so directs, or the judge so orders, without payment of any fee; or

(b) in any other case, upon payment of the prescribed fee.

19.   Prohibited practices

(1)  No person shall use or publish in connection with architecture, or the practice of architecture, any title, name, words, or letters which indicate that he is qualified for, or entitled to, registration as an architect other than such title, name, words, or letters as truly indicate a qualification which he in fact holds.

(2)  No architect shall accept any commission or substantial service or favour from any person who has contracted to execute or is engaged in the execution of any work in connection with any building designed or supervised by such architect, or from any person who has offered or agreed to supply any materials, fittings, or appliances to be used in or in connection with such building.

(3)  [Section 19 Subsection (3) substituted by No. 59 of 1970, s. 8 ]A person who is not an architect shall not, in respect of any practice, trade, or business carried on by him, any office or employment held or exercised by him, or any work done by him, take or use to describe himself –

(a) the word "architect";

(b) any other word or combination of letters that sounds or looks like the word "architect"; or

(c) any other title, description, or addition that indicates or may indicate to the public that he is registered or entitled or qualified to be registered as an architect –

whether alone or in combination with other words or combinations of letters.

(3A)  [Section 19 Subsection (3A) substituted by No. 59 of 1970, s. 8 ]A person who is not an architect shall not in respect of building operations, plans, drawings, or specifications thereof, or proceedings under the Building Regulations in relation thereto, take or use to describe himself any title, description, or addition indicating that he has anywhere obtained a professional or legal qualification of an architectural nature.

(3B)  [Section 19 Subsection (3B) inserted by No. 59 of 1970, s. 8 ]Nothing in subsection 3A affects the use of the expressions "engineer", "structural engineer", "architectural draughtsman", "architectural designer", "master builder", "builder", or other expression in use before the commencement of this subsection to describe members of the engineering profession or persons in the building industry having qualifications generally understood to be other or lower than those of architects.

(4)  [Section 19 Subsection (4) amended by 25 Geo. V No. 78 ][Section 19 Subsection (4) amended by No. 34 of 1958, s. 2 ][Section 19 Subsection (4) amended by No. 55 of 1965, s. 5 ]Any person who commits a breach of any of the provisions of this section shall be liable to a penalty of $100 and, where the offence is a breach of subsection (2) , he shall also be liable to have his name removed from the register.

(5)  [Section 19 Subsection (5) added by No. 59 of 1970, s. 8 ]Nothing in this section affects –

(a) naval architects or landscape architects in respect of their respective professions; or

(b) a person practising architecture as an employee of the Crown or the Commonwealth at the commencement of the Architects Act 1970 , while continuing so to practise.

20.   Continued use of name

[Section 20 Substituted by No. 59 of 1970, s. 9 ]Where two or more architects practise architecture in partnership and one of them ceases by death, agreement, or otherwise to be a partner, the remaining partner or partners and any other architects joining in partnership with him or them may, subject to any agreement, retain the name of the former partner in the name of their firm.

PART V - Miscellaneous

21.   Power of Board to examine on oath

The Board, for the purposes of this Act, may examine any person on oath, or take a statutory declaration from any person.

22.   Power to summon witnesses

(1)  The Board, by notice in writing under the hand of the chairman, may 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)  [Section 22 Subsection (2) amended by No. 55 of 1965, s. 5 ]Any 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 of $20.

23.   Board to publish statement of receipts and expenditure

The Board, as soon as practicable after 31st December in every year, shall publish in the Gazette a statement, made up to that date, showing the receipts and disbursements of the Board during the year ending on that date, certified as correct by the Auditor-General.

23A.   Indemnity for members of Board, &c.

[Section 23A Inserted by No. 87 of 1984, s. 5 ]A member of the Board, the Registrar, or an officer of the Board shall not incur any personal liability in respect of any act, matter, or thing done, or omitted to be done, in good faith in the execution or purported execution of the provisions of this Act.

24.   Evidence

(1)  In any proceeding by or on behalf of the Board under this Act, it shall not be necessary to prove the appointment or election of the members, chairman, or Registrar of the Board.

(2)  A copy or extract, certified by the Registrar to be a true copy of, or a true extract from, any register, book, certificate, or other official document or record, in the custody of the Board or of any officer of the Board, shall be 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.

25.   Recovery of penalties

(1)  All fees payable, and all penalties imposed, pursuant to this Act may be recovered upon complaint, and any such complaint may be made at any time within 12 months after the date of the offence or the date when the fee became payable.

(2)  The amount of all moneys recovered as aforesaid shall be paid to the Board.

26.   Regulations

[Section 26 Amended by 7 Geo. VI No. 68, s. 2 ][Section 26 Amended by No. 87 of 1984, s. 6 ]The Governor, upon the recommendation of the Board, may make regulations for giving effect to this Act, and in particular for –

(a) regulating the appointment and election of members, and the proceedings of the Board;

(b) regulating the duties of officers;

(ba) regulating the appointment of examiners for the purposes of conducting examinations under section 13 (1) (c) ;

(c) prescribing fees payable under this Act.