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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Architects Amendment Bill 2024
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Architects Act 2004
amended
3. Act amended 3
4. Section 4 amended 3
5. Part 2 heading amended 3
6. Section 5 amended 4
7. Section 10 amended 4
8. Section 12 amended 4
9. Section 14 amended 6
10. Section 15 amended 6
11. Section 16 amended 6
12. Section 29 amended 7
13. Section 33 amended 7
14. Section 35 amended 8
15. Section 36 amended 8
16. Section 37 amended 10
17. Section 41 amended 11
18. Section 44 amended 12
19. Section 45 amended 12
20. Section 51 amended 12
21. Part 8 heading replaced 13
Part 8 -- Regulations, rules and fee notices
22. Section 71 amended 13
23. Section 72A inserted 14
72A. Fee notices 14
189--1 page i
Architects Amendment Bill 2024
Contents
24. Section 73A inserted 15
73A. Giving notices electronically 15
25. Section 78 amended 15
26. Section 79 inserted 15
79. Savings and transitional provisions 15
27. Schedule 1 amended 16
28. Schedule 2 amended 16
Division 1 -- Provisions for Architects Act 2004
Division 2 -- Provisions for Architects Amendment
Act 2024
12. Change of name of Board 17
13. Transitional regulations 17
29. Various references to "is to", "are to" and "is not
to" replaced 18
Part 3 -- Consequential amendments
30. Building Services (Complaint Resolution and
Administration) Act 2011 amended 21
31. Constitution Acts Amendment Act 1899 amended 21
32. Sentencing Act 1995 amended 21
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Architects Amendment Bill 2024
A Bill for
An Act to amend the Architects Act 2004 and to make consequential
amendments to various written laws.
The Parliament of Western Australia enacts as follows:
page 1
Architects Amendment Bill 2024
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Architects Amendment Act 2024.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation.
page 2
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 3
1 Part 2 -- Architects Act 2004 amended
2 3. Act amended
3 This Part amends the Architects Act 2004.
4 4. Section 4 amended
5 (1) In section 4(1) insert in alphabetical order:
6
7 authorised person, in relation to an investigation under
8 section 12, means --
9 (a) the Board; and
10 (b) a person appointed as an investigator under
11 section 12(3);
12 fee means a fee of an amount determined by the Board
13 under section 72A(1);
14
15 (2) In section 4(1) in the definition of Board after "Architects"
16 insert:
17
18 Registration
19
20 5. Part 2 heading amended
21 In the heading to Part 2 after "Architects" insert:
22
23 Registration
24
page 3
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 6
1 6. Section 5 amended
2 In section 5(1) after "Architects" insert:
3
4 Registration
5
6 7. Section 10 amended
7 After section 10(d) insert:
8
9 (da) to determine the amounts of fees under
10 section 72A;
11
12 8. Section 12 amended
13 (1) In section 12(1) delete "may" and insert:
14
15 may, on receiving a complaint or on the Board's own initiative,
16
17 (2) In section 12(4):
18 (a) delete "The investigator may --" and insert:
19
20 An authorised person may, for the purposes of an
21 investigation --
22
23 (b) in paragraph (a)(i) delete "investigator" (each
24 occurrence) and insert:
25
26 authorised person
27
page 4
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 8
1 (c) in paragraph (b) delete "investigator; and" and insert:
2
3 authorised person; and
4
5 (d) in paragraph (c) delete "enter" and insert:
6
7 if the authorised person is an investigator -- enter
8
9 (3) In section 12(5)(c)(iv) delete "investigator" and insert:
10
11 authorised person
12
13 (4) In section 12(7) delete "investigator" (each occurrence) and
14 insert:
15
16 authorised person
17
18 (5) In section 12(8) delete "is to state that he or she" and insert:
19
20 must state that the person
21
22 (6) In section 12(9)(b) delete "he or she is" and insert:
23
24 they are
25
26 Note: The heading to amended section 12 is to read:
27 Investigations
page 5
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 9
1 9. Section 14 amended
2 In section 14(2) delete "investigator" (each occurrence) and
3 insert:
4
5 authorised person
6
7 10. Section 15 amended
8 In section 15 delete "investigator in the exercise of his or her"
9 and insert:
10
11 authorised person in the exercise of their
12
13 Note: The heading to amended section 15 is to read:
14 Obstructing authorised persons
15 11. Section 16 amended
16 (1) In section 16(1):
17 (a) delete "The" and insert:
18
19 Subject to subsection (6), the
20
21 (b) in paragraph (c) delete "Registrar" and insert:
22
23 registrar
24
25 (2) Delete section 16(6) and insert:
26
27 (6) This section does not apply to --
28 (a) the determination of fee amounts under
29 section 72A; or
page 6
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 12
1 (b) the execution of documents.
2 Note for this subsection:
3 Authority to execute documents on behalf of the Board can
4 be given under section 23.
5
6 12. Section 29 amended
7 In section 29 delete "A natural person is to be registered" and
8 insert:
9
10 The Board must register a natural person
11
12 13. Section 33 amended
13 (1) In section 33(1):
14 (a) delete paragraph (a) and insert:
15
16 (a) made in accordance with the regulations; and
17
18 (b) in paragraph (b)(i) delete "fee prescribed by the
19 regulations in relation to the applicant; and" and insert:
20
21 fee; and
22
23 (c) in paragraph (b)(ii) delete "(whichever is relevant)
24 prescribed by the regulations in relation to the
25 applicant." and insert:
26
27 (as is relevant).
28
page 7
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 14
1 (2) In section 33(4)(b) delete "fees or disbursements" and insert:
2
3 costs
4
5 14. Section 35 amended
6 In section 35:
7 (a) delete "31 December in the year in" and insert:
8
9 the next 30 June following the day on
10
11 (b) delete "for a longer period" and insert:
12
13 until a later date
14
15 15. Section 36 amended
16 (1) Delete section 36(1) and insert:
17
18 (1) A registered person or a licensed corporation may
19 apply to the Board in accordance with the regulations
20 to renew their registration or licence until the next
21 30 June following the day on which it would cease to
22 have effect, if not renewed, or until a later date that is
23 prescribed by the regulations.
24
25 (2) In section 36(2):
26 (a) delete "The registration of a person is to be renewed"
27 and insert:
28
29 On an application for renewal of a person's registration,
30 the Board must renew the registration
31
page 8
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 15
1 (b) delete paragraph (b) and insert:
2
3 (b) the person pays, in accordance with the
4 regulations --
5 (i) the renewal fee; and
6 (ii) if the regulations provide that an
7 additional fee is payable -- the
8 additional fee.
9
10 (3) In section 36(3):
11 (a) delete "The licence of a corporation is to be renewed"
12 and insert:
13
14 On an application for renewal of a corporation's licence,
15 the Board must renew the licence
16
17 (b) delete paragraph (c) and insert:
18
19 (c) the corporation pays, in accordance with the
20 regulations --
21 (i) the renewal fee; and
22 (ii) if the regulations provide that an
23 additional fee is payable -- the
24 additional fee.
25
26 (4) In section 36(4) delete "The Board" and insert:
27
28 In considering an application for renewal, the Board
29
page 9
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 16
1 16. Section 37 amended
2 (1) In section 37(1):
3 (a) delete the passage that begins with "A registered" and
4 ends with "regulations -- " and insert:
5
6 If a registered person or a licensed corporation does not
7 make a renewal application and pay the applicable fee or
8 fees on or before a day prescribed by the regulations --
9
10 (b) in paragraph (b) delete "may" and insert:
11
12 must
13
14 (2) Delete section 37(2) and insert:
15
16 (2) A person or corporation whose name is removed from
17 the register under subsection (1) may apply to the
18 Board in accordance with the regulations to have the
19 name of the person or corporation restored to the
20 register.
21 (2A) On an application under subsection (2), the Board may
22 direct the registrar to restore the name of the person or
23 corporation to the register if --
24 (a) the Board is satisfied as to the matters set out in
25 section 36(2)(a) or (3)(a) and (b) (as is
26 relevant); and
27 (b) the person or corporation pays --
28 (i) all fees that are in arrears; and
29 (ii) all fees that would be in arrears if the
30 person had continued to be registered or
31 the corporation had continued to be
32 licensed; and
page 10
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 17
1 (iii) if the regulations provide that an
2 additional fee is payable -- the
3 additional fee.
4
5 (3) In section 37(3) delete "(2)" and insert:
6
7 (2A)
8
9 (4) In section 37(4) delete "is to send to the address of a registered
10 person or licenced corporation recorded in the register," and
11 insert:
12
13 must give a registered person or licensed corporation,
14
15 (5) In section 37(5) delete "in arrear," and insert:
16
17 in arrears,
18
19 Note: The heading to amended section 37 is to read:
20 Non-renewal of registrations and licences
21 17. Section 41 amended
22 In section 41(1) after "registered" insert:
23
24 or licensed
25
page 11
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 18
1 18. Section 44 amended
2 (1) In section 44(2) delete "the fee prescribed by the regulations,"
3 and insert:
4
5 the applicable fee,
6
7 (2) In section 44(3)(b) delete "for the" (1st occurrence).
8 19. Section 45 amended
9 In section 45 delete "the fee prescribed by the regulations, is to"
10 and insert:
11
12 the applicable fee, must
13
14 20. Section 51 amended
15 (1) In section 51(2) delete "the fee prescribed by the regulations"
16 and insert:
17
18 the applicable fee
19
20 (2) In section 51(5) delete "the fee prescribed by the regulations for
21 the purposes of this subsection." and insert:
22
23 the applicable fee.
24
page 12
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 21
1 21. Part 8 heading replaced
2 Delete the heading to Part 8 and insert:
3
4 Part 8 -- Regulations, rules and fee notices
5
6 22. Section 71 amended
7 (1) In section 71(2):
8 (a) delete paragraph (c) and insert:
9
10 (c) making provision relating to registration,
11 licences and renewals, including the
12 following --
13 (i) the obtaining of the Board's preliminary
14 advice or direction in relation to a
15 proposed application and for the
16 recovery of the Board's costs in relation
17 to giving the advice or direction;
18 (ii) the date in each year by which a renewal
19 application may be made;
20 (iii) the date in each year by which the
21 renewal fee must be paid;
22 (iv) the circumstances in which, and
23 conditions on which, a renewal
24 application may be made, or the renewal
25 fee may be paid, after the due date,
26 including a condition requiring the
27 payment of an additional renewal fee;
28
29 (b) in paragraph (f) delete "provisions" and insert:
30
31 provision
32
page 13
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 23
1 (c) in paragraph (j) delete "prescribing the fees to be paid
2 for the purposes of this Act" and insert:
3
4 providing for fees to be paid for the purposes of this Act
5 and prescribing the circumstances in which they are
6 payable
7
8 (2) After section 71(2) insert:
9
10 (2A) Regulations cannot prescribe the amounts of the fees
11 for which this Act or the regulations provide.
12
13 23. Section 72A inserted
14 At the end of Part 8 insert:
15
16 72A. Fee notices
17 (1) The Board must, by written notice published on a
18 website maintained by or on behalf of the Board,
19 determine the amounts of the fees for which this Act or
20 the regulations provide.
21 (2) In determining the amounts of fees under
22 subsection (1), the Board must ensure that the fees
23 expected to be received by the Board do not exceed the
24 costs and expenses expected to be incurred by the
25 Board in performing its functions.
26 (3) A notice under this section is not subsidiary legislation
27 for the purposes of the Interpretation Act 1984.
28 (4) The Interpretation Act 1984 section 43 (other than
29 subsection (6)) applies to a notice under this section as
30 if it were subsidiary legislation.
page 14
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 24
1 (5) This section does not permit the Board to require the
2 payment of a fee not provided for in this Act or the
3 regulations.
4
5 24. Section 73A inserted
6 After section 73 insert:
7
8 73A. Giving notices electronically
9 Without limiting the Interpretation Act 1984
10 sections 75 and 76, a notice required or permitted
11 under this Act to be given by the Board to a person
12 may be given by emailing it to an email address
13 provided by the person.
14
15 25. Section 78 amended
16 Delete section 78(3).
17 Note: The heading to amended section 78 is to read:
18 Repeal of Architects Act 1921
19 26. Section 79 inserted
20 After section 78 insert:
21
22 79. Savings and transitional provisions
23 (1) Schedule 2 Division 1 has effect in relation to the
24 repeal effected by section 78(1).
25 (2) Schedule 2 Division 2 has effect in relation to the
26 amendments made by the Architects Amendment
27 Act 2024.
28
page 15
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 27
1 27. Schedule 1 amended
2 (1) In Schedule 1 clause 4(4) delete "is to perform" and insert:
3
4 performs
5
6 (2) In Schedule 1 clause 6(2) and (3) delete "is to act" and insert:
7
8 acts
9
10 28. Schedule 2 amended
11 (1) Delete the reference after the heading to Schedule 2 and insert:
12
13 [s. 79]
14
15 (2) At the beginning of Schedule 2 insert:
16
17 Division 1 -- Provisions for Architects Act 2004
18
19 (3) In Schedule 2 clause 1 delete "this Schedule -- " and insert:
20
21 this Division --
22
23 (4) In Schedule 2 clauses 2 and 11 delete "this Schedule" and insert:
24
25 this Division
26
page 16
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 28
1 (5) At the end of Schedule 2 insert:
2
3 Division 2 -- Provisions for Architects Amendment Act 2024
4 12. Change of name of Board
5 (1) In this clause --
6 commencement day means the day on which the Architects
7 Amendment Act 2024 section 6 comes into operation.
8 (2) The change of name of the Board effected by the Architects
9 Amendment Act 2024 section 6 does not --
10 (a) affect the identity or continuity of the Board; or
11 (b) affect the property, rights or liabilities of the Board;
12 or
13 (c) make any legal proceedings by or against the Board
14 defective.
15 (3) On and after commencement day, any legal proceedings that
16 could have been continued or commenced by or against the
17 Board in its former name may be continued or commenced
18 by or against the Board in its new name.
19 13. Transitional regulations
20 (1) In this clause --
21 specified means specified or described in transitional
22 regulations;
23 transitional matter means a matter or issue of a transitional,
24 savings or application nature.
25 (2) Regulations may prescribe anything required, necessary or
26 convenient to be prescribed in relation to a transitional
27 matter in connection with the enactment of, or any
28 amendment made by, the Architects Amendment Act 2024.
page 17
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 29
1 (3) Without limiting subclause (2), transitional regulations may
2 provide for specified provisions of this Act or another
3 written law --
4 (a) not to apply to, or in relation to, a specified matter
5 or thing; or
6 (b) to apply with specified modifications to, or in
7 relation to, a specified matter or thing.
8
9 29. Various references to "is to", "are to" and "is not to"
10 replaced
11 Amend the provisions listed in the Table as set out in the Table.
12 Table
Provision Delete Insert
s. 7(2), (3) and (4) is to must
(each occurrence)
s. 12(5), (6), (7)
and (9)
s. 17(1)
s. 20(1), (4), (6) and
(7)
s. 21(3)
s. 23(3)
s. 26(1)
s. 28(1), (2), (4) and
(5)
s. 33(1), (2) and (5)
s. 38(1), (3) and (4)
s. 39(1), (3) and (4)
s. 40(4)
page 18
Architects Amendment Bill 2024
Architects Act 2004 amended Part 2
s. 29
Provision Delete Insert
s. 42(1) and (2)
s. 43(1) and (3)
s. 44(1)
s. 46
s. 47(2)
s. 48(1) and (2)
s. 51(2) and (5)
s. 59(2)
s. 61(1)
s. 62(2)
s. 71(2)(i)
s. 81(1) and (2)
s. 7(1) are to must
(each occurrence)
s. 26(2)
s. 27
s. 75(2)
s. 12(2) is not to must not
s. 47(3)
s. 59(7)
Sch. 1 cl. 2 is to must
Sch. 1 cl. 9(1)
Sch. 1 cl. 13
Sch. 1 cl. 18(2)
page 19
Architects Amendment Bill 2024
Part 2 Architects Act 2004 amended
s. 29
Provision Delete Insert
Sch. 1 cl. 7 is to can
Sch. 1 cl. 4(1) are to must
Sch. 1 cl. 9(2)
Sch. 1 cl. 6(2) and is to must
(3) (2nd occurrence)
page 20
Architects Amendment Bill 2024
Consequential amendments Part 3
s. 30
1 Part 3 -- Consequential amendments
2 30. Building Services (Complaint Resolution and Administration)
3 Act 2011 amended
4 (1) This section amends the Building Services (Complaint
5 Resolution and Administration) Act 2011.
6 (2) In section 3 in the definition of vocational regulatory body
7 paragraph (a) before "Board" insert:
8
9 Registration
10
11 31. Constitution Acts Amendment Act 1899 amended
12 (1) This section amends the Constitution Acts Amendment Act 1899.
13 (2) In Schedule V Part 3 in the item relating to The Architects
14 Board of Western Australia before "Board" insert:
15
16 Registration
17
18 32. Sentencing Act 1995 amended
19 (1) This section amends the Sentencing Act 1995.
20 (2) In Schedule 1 in the item relating to the Architects Act 2004
21 before "Board" insert:
22
23 Registration
24
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