Valuers Bill 2002
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to repeal and re-enact the Valuers Registration Act 1975
with the following changes or additional provisions:

(a) the qualifications for registration as a valuer will be approved by the Director-
General of the Department of Fair Trading (rather than by the Minister),

(b) provision for disqualification from registration (on such grounds as conviction
for dishonesty offences, bankruptcy, involvement in the management of an
insolvent corporation, mental incapacity and disqualification under a
corresponding law),

(c) registration as a valuer will be able to be granted subject to conditions,

(d) registration will be for a period of 3 years,

(e) the Register will be open to public inspection,

(f) registration procedures will be subject to the Licensing and Registration
(Uniform Procedures) Act 2002,
g) the regulations will be able to prescribe rules of conduct (enforceable as a
disciplinary matter) to be observed in the course of practice as a valuer,

(h) registered valuers will be required to inform clients of the suspension or
cancellation of their registration or the imposition of conditions on their
registration,
        (i) the Director-General will be able to accept undertakings (enforceable as a
disciplinary matter) from a registered valuer as to the manner in which
practice as a valuer will be conducted,

(j) revised procedures for complaints and disciplinary action against registered
valuers, including provision for show cause notices, suspension of registration
pending disciplinary action and review of disciplinary action by the
Administrative Decisions Tribunal,

(k) provision for the issue by the Director-General of warning notices about the
dangers of dealing with a particular valuer,

(l) provision for conferring on authorised officers powers of entry and inspection
and power to obtain information, records and evidence,

(m) provision for the Director-General to obtain a Supreme Court injunction in
connection with a threatened or apprehended contravention of the proposed
Act,

(n) restrictions on disclosure of information obtained in the course of the
administration of the proposed Act,

(o) additional provisions with respect to offences, including provisions for the
issue of penalty notices, offences by corporations and authorising the taking
of proceedings for offences within 3 years after offences are committed or
(with the consent of the Attorney General) at any time.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act.

Clause 4 creates exceptions from the proposed Act for valuations carried out by
architects, engineers and surveyors.

Clause 5 provides that notes do not form part of the proposed Act.

Part 2 Registration
Clause 6 creates offences that prohibit a natural person from practising or
advertising as a valuer, or employing a person as a valuer, unless the person is
registered as a valuer.

Clause 7 creates offences that prohibit a corporation from practising or advertising
as a valuer unless an employee or director of the corporation is registered as a
valuer.

Clause 8 sets out the requirements for eligibility for registration as a valuer.

Clause 9 provides for disqualification from registration as a valuer.

Clause 10 provides for the grant of registration as a valuer by the Director-General
and for the application to registration as a valuer of provisions of the Licensing and
Registration (Uniform Procedures) Act 2002.

Clause 11 provides for registration to be granted subject to conditions.

Clause 12 provides that registration as a valuer remains in force for 3 years.

Clause 13 requires a registered valuer to produce his or her certificate of
registration on request by a person for whom the valuer values property or enters
into an arrangement for the valuation of property.

Clause 14 requires the Director-General to maintain a Register for the purposes of
the proposed Act (containing particulars required by the regulations) and for the
Register to be open to public inspection.

Clause 15 provides for the cancellation of registration on certain grounds.

Clause 16 requires a valuer to give notice to clients of the suspension or
cancellation of the valuer’s registration or the imposition of conditions on the
valuer’s registration.

Clause 17 provides for the regulations to prescribe rules of conduct to be observed
in the course of practice as a valuer.

Clause 18 provides for the Director-General to accept undertakings from registered
valuers as to the manner in which practise as a valuer will be conducted.

Part 3 Complaints and disciplinary action
Clause 19 lists the grounds for the taking of disciplinary action against a valuer.

Clause 20 lists the kinds of disciplinary action that can be taken against a valuer.

Clause 21 makes it clear that at any stage of disciplinary action the Director-
General can decide to take no further action in a matter.

Clause 22 provides for the making of complaints to the Director-General about
valuers.

Clause 23 deals with the procedure for the issue of a show cause notice for the
taking of disciplinary action against a valuer.

Clause 24 authorises the Director-General to suspend the registration of a valuer
who has been issued with a show cause notice pending a determination of whether
to take disciplinary action.

Clause 25 authorises the Director-General to make investigations and inquiries into
disciplinary matters.

Clause 26 deals with the procedure for the taking of disciplinary action.

Clause 27 provides for the recovery of a monetary penalty imposed by disciplinary
action.

Clause 28 provides for the review of disciplinary action by the Administrative
Decisions Tribunal.

Clause 29 authorises the Director-General to issue warning notices about risks
involved in dealing with specified valuers.

Clause 30 requires the return of a cancelled or suspended certificate of registration.

Part 4 Enforcement
Clause 31 provides for authorised officers under the proposed Act.

Clause 32 confers powers of entry and inspection on authorised officers.

Clause 33 confers power on authorised officers in connection with the obtaining
of information and production of records.

Clause 34 creates offences of obstructing or failing to comply with any notice or
requirement of an authorised officer.

Clause 35 authorises an authorised officer to take possession of records that
constitute evidence.

Clause 36 deals with the issue of search warrants on the application of authorised
officers.

Clause 37 provides for the grant of injunctions by the Supreme Court on the
application of the Director-General in respect of a threatened or apprehended
contravention or continuing contravention of a provision of the proposed Act.

Part 5 Miscellaneous
Clause 38 imposes restrictions on the disclosure of information obtained in
connection with the administration or execution of the proposed Act.

Clause 39 provides for the delegation of the Director-General’s functions under the
proposed Act.

Clause 40 deals with the manner in which a notice or direction in writing under the
proposed Act is to be served.

Clause 41 deals with the taking of proceedings for offences under the proposed
Act.

Clause 42 authorises the issue of penalty notices for offences under the proposed
Act.

Clause 43 allows proceedings for an offence to be taken within 3 years after the
offence is alleged to have been committed or (if the Attorney General consents) at
any time.

Clause 44 provides for directors of a corporation to be responsible in some
circumstances for offences committed by the corporation.

Clause 45 provides for consequential repeals of legislation.

Clause 46 gives effect to Schedule 1 which contains consequential amendments to
other Acts.

Clause 47 gives effect to Schedule 2 which contains savings and transitional
provisions.

Clause 48 is a general regulation-making power.

Clause 49 is a standard provision dealing with the review by the Minister of the
operation of the proposed Act after 5 years.

Schedules
Schedule 1 makes consequential amendments to other Acts.

Schedule 2 contains savings and transitional provisions.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

---

[Index] [Search] [Download] [Bill] [Help]