Sections 12 , 13 , 14 , 15 , 16 , 17 , 17A , 17B and 18 of the Principal Act are repealed and the following sections are substituted:

12.     Application for registration

(1)  A person may apply to the Board for registration as an architect.

(2)  An application for registration is to be –

(a) made to the Board in a manner approved by the Board; and

(b) supported by the evidence that the Board requires; and

(c) accompanied by the prescribed fee, if any.

13.     Determination of application

(1)  The Board, on receiving an application made by a person under section 12 , may register, or refuse to register, the person as an architect.

(2)  The Board must register as an architect a person who has made an application under section 12 if the Board is satisfied that –

(a) the person is professionally competent under subsection (5) or (6) to be registered as an architect; and

(b) the person is a fit and proper person to be registered as an architect; and

(c) the registration of the person is not suspended under section 20E(1)(g) ; and

(d) an order made under section 20E(1)(h) that is in force does not prevent the registration of the person at the relevant time; and

(e) the person has the sufficient level of professional indemnity insurance, if any, that the person is required by section 16(1) to have.

(3)  Despite subsection (2) , the Board may refuse to register a person as an architect if the Board is satisfied that the registration of the person as an architect under a law of another State or a Territory has been cancelled (or, in effect, cancelled) on grounds on which the registration of the person under this Act could be cancelled under section 20E .

(4)  The Board must refuse to register as an architect a person who has made an application under section 12 if the Board may not register the person under subsection (2) .

(5)  A person is professionally competent to be registered as an architect if –

(a) the person –

(i) holds the architectural qualifications that are prescribed by the regulations; or

(ii) has successfully completed a course of study that is recognised by the Board as meeting criteria prescribed by the regulations for the purposes of this paragraph; and

(b) the person has –

(i) passed an examination or interview, arranged or approved by the Board, to assess the person’s competency to practise architecture; and

(ii) paid any fee, set by the Board, for that examination or interview.

(6)  A person is professionally competent to be registered as an architect if the Board is of the opinion that the person, by reason of his or her ability and competence in the field of architecture, is a person whom it is appropriate to register as an architect.

(7)  If the Board refuses to register a person as an architect, the Board must give notice of the refusal in writing to the person setting out the reasons for the refusal.

(8)  The Board –

(a) may provide for different classes of registration; and

(b) may impose conditions on the registration of a person, and such conditions may, but are not required to, relate to the class of registration of the person.

(9)  Conditions of registration may relate to –

(a) the duration of registration; and

(b) the aspects of the practice of architecture in which the person may be engaged; and

(c) the extent to which an architect must comply with any continuing professional development requirement; and

(d) any other matter that the Board considers to be appropriate.

(10)  The registration of an architect expires 3 years after the day on which the registration of the architect is entered in the register or such shorter period, if any, as may be specified in a condition imposed on the architect’s registration.

14.     Annual registration fee

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

(2)  If an architect fails to pay the prescribed annual registration fee within the time specified in subsection (1) or within such further time as the Board in any case may allow, the Board may, under this subsection, cancel the registration of the architect and remove the name of the person from the register.

(3)  The Board must issue to an architect who has paid the prescribed annual registration fee for a year a statement specifying that the person is registered as an architect for the year.

15.     Renewal of registration

(1)  A person may, before, or within 30 days after, the expiration of his or her registration as an architect, apply to the Board for renewal of his or her registration as an architect.

(2)  An application under subsection (1) for renewal of registration as an architect is to be –

(a) made to the Board in a manner approved by the Board; and

(b) supported by the evidence that the Board may require; and

(c) accompanied by the prescribed fee, if any.

(3)  The Board may renew, or refuse to renew, the registration as an architect of a person who has made an application under subsection (1) for renewal of registration as an architect.

(4)  The Board must renew under subsection (3) the registration of a person as an architect if the Board is satisfied that the person –

(a) is, under section 13 , professionally competent to be registered as an architect; and

(b) has complied with each of the continuing professional development requirements, except if a condition of the registration of the person does not require compliance with such a requirement or section 25A(8) applies; and

(c) is a fit and proper person to be registered; and

(d) has complied with all relevant Codes of Practice; and

(e) has the sufficient level of professional indemnity insurance, if any, that the person is required by section 16(1) to have; and

(f) satisfies any other prescribed requirements.

(5)  The Board must refuse under subsection (3) to renew the registration of a person as an architect if the Board may not renew the registration of the person under subsection (4) .

(6)  If the Board renews the registration of a person as an architect under subsection (3) , the registration is renewed from the day on which the person’s current registration would expire or has expired.

(7)  When the Board renews the registration of a person as an architect under subsection (3) , the Board may alter the class of registration or the conditions imposed on the registration, or both.

(8)  If the Board refuses under subsection (3) to renew the registration of a person as an architect, the Board must give notice of the refusal in writing to the person setting out the reasons for the refusal.

16.     Insurance

(1)  The Board is not to register a person as an architect, or renew the registration of a person as an architect, unless the Board is satisfied that the person has a sufficient level of professional indemnity insurance.

(2)  Subsection (1) does not apply in relation to a person who is to be registered, or re-registered as an architect, in a class of registration to which a determination under subsection (5) relates.

(3)  A person who is required under subsection (1) to have a sufficient level of professional indemnity insurance must notify the Board of any significant change in his or her professional indemnity insurance within 7 days of that change occurring.

(4)  Without limiting the circumstances in which the Board may be satisfied that a person has a sufficient level of professional indemnity insurance, a person is taken, for the purposes of this Act, to have a sufficient level of professional indemnity insurance if –

(a) he or she is employed or engaged by a company, firm or authority to carry out architectural work; and

(b) an insurance policy held by that company, firm or authority covers that work.

(5)  The Board may determine that all architects who are registered in a class of registration specified in the determination are not required to have a sufficient level of professional indemnity insurance.

17.     Certificates of registration

(1)  The Board may, on the application of an architect and on payment of the prescribed fee, issue a certificate of registration in relation to the architect.

(2)  A certificate of registration is to be in the form approved by the Board.

(3)  A person must, as soon as practicable after ceasing to be an architect, return to the Board a certificate of registration in relation to the architect.

Penalty:  Fine not exceeding 10 penalty units.

18.     Right of appeal if registration or renewal of registration refused

A person who has been refused registration, or renewal of registration, under this Act on a ground other than that he or she has not passed the examination referred to in section 13(5)(b)(i) , may appeal to the Magistrates Court (Administrative Appeals Division) under the Magistrates Court (Administrative Appeals Division) Act 2001 against the decision to refuse registration, or renewal of registration .