Before section 12 of the Principal Act , the following sections are inserted in Part IV:

11A.     Application of Part

Sections 12, 13, 14, 15 and 16 do not apply to a person who is an architect by virtue of holding deemed registration.

11B.     Deemed registration as an architect

(1)  In this section –

occupation has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;

participating jurisdiction has the meaning it has in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth.

(2)  A person who intends to carry out work as an architect in the State by virtue of holding deemed registration must give to the Registrar notice of the person’s entitlement to hold deemed registration before carrying out the work.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A notice under subsection (2) –

(a) must be in a manner approved by the Registrar; and

(b) must be in a form approved by the Registrar; and

(c) is to contain any information that the Registrar considers necessary.

(4)  If any of the information provided by a person in a notice to the Registrar under subsection (2) changes, the person must, as soon as practicable, give a notice to the Registrar, in a form approved by the Registrar, setting out the change.

Penalty:  Fine not exceeding 10 penalty units.

(5)  A person who is an architect by virtue of holding deemed registration must not carry out work as an architect in this State unless the work is within the scope of the work that the person is authorised to carry out for that occupation in the relevant participating jurisdiction.

Penalty:  Fine not exceeding 10 penalty units.

(6)  If a person is found guilty of an offence against subsection (2), (4) or (5), the Registrar may –

(a) suspend or cancel the deemed registration held by the architect; and

(b) disqualify the person from holding deemed registration as an architect for a specified period or until the person fulfils a specified condition.

(7)  The Registrar may, at any time, request a person, who is an architect by virtue of holding deemed registration, to provide to the Registrar any information that the Registrar requires in relation to the maintenance of the person’s skills and any continuing professional development undertaken by the person.

11C.     Insurance for holders of deemed registration

(1)  A person who is an architect by virtue of holding deemed registration must, before the person proposes to carry out any work as an architect in this State, give to the Registrar a notice, in an approved form, containing approved evidence that the person is covered by approved insurance.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person who is an architect by virtue of an entitlement to hold deemed registration must not carry out any work as an architect in this State unless the person is covered by approved insurance.

Penalty:  Fine not exceeding 10 penalty units.

(3)  If a person who is an architect is found guilty of an offence against subsection (1) or (2), the Registrar may –

(a) suspend or cancel the deemed registration held by the person; and

(b) disqualify the person from holding deemed registration as an architect for a specified period or until the person fulfils a specified condition.

(4)  If any of the information provided by a person in a notice to the Registrar under subsection (1) changes, the person must, as soon as practicable, notify the Registrar, in a form approved by the Registrar, of the change.

Penalty:  Fine not exceeding 10 penalty units.