Australian Capital Territory
Architects Regulations 2004    
SL2004-23
made under the
Architects Act 2004
Republication No 1
Effective:  1 July 2004 – 2 November 2004
Republication date: 1 July 2004
Regulations not amended

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Architects Regulations 2004, made under the Architects Act 2004 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2004.  It also includes any commencement, repeal or expiry affecting the republished law.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Architects Regulations 2004
made under the
Architects Act 2004
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulations	2
	2	Dictionary	2
	3	Notes	2
Part 2	Registration
	4	Prescribed qualifications for registration—Act, s 8 (2) (a) (i)	3
	5	Details in register—Act, s 11 (2)	3
	6	Use of terms not pretending registration—s 57 (2)	4
	7	Use of architectural—Act, s 57 (2)	4
	8	Use of architect and registered architect—Act, s 57 (2)	4
	9	Use of term describing architectural qualification—Act, s 57 (2)	5
	10	Nominations for architects board member	5
Part 3	Miscellaneous
	11	Definitions for pt 3	7
	12	Information in annual report—Act, s 67	7
Schedule 1	Prescribed qualifications	9
Dictionary		11
Endnotes
	1	About the endnotes	12
	2	Abbreviation key	12
	3	Legislation history	13

Australian Capital Territory
Architects Regulations 2004     

made under the
Architects Act 2004

    

  

Part 1	Preliminary
1	Name of regulations
These regulations are the Architects Regulations 2004.
2	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain terms used in this Act.
Note 2	A definition in the dictionary applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2	Registration
4	Prescribed qualifications for registration—Act, s 8 (2) (a) (i)
A qualification mentioned in schedule 1 is prescribed.
5	Details in register—Act, s 11 (2)
The following details are prescribed in relation to a registered architect:
	(a)	full name;
	(b)	business phone and fax number and email address (if any);
	(c)	business address;
	(d)	if the architect’s registration is conditional—each condition on the registration;
	(e)	details of any suspension of registration;
	(f)	details of any cancellation of registration;
	(g)	details of any disqualification from being registered;
	(h)	if the architect is, or has been, a nominee—
	(i)	the name of each firm for which the architect is or was a nominee;
	(ii)	whether the architect is or was the primary nominee or not;
	(iii)	the date when the architect became the nominee;
	(iv)	the date (if any) when the architect stopped being the nominee.
6	Use of terms not pretending registration—s 57 (2)
The Act, section 57 (1), does not apply to the use of the following terms:
	(a)	landscape architect;
	(b)	naval architect;
	(c)	computer systems architect.
7	Use of architectural—Act, s 57 (2)
	(1)	The Act, section 57 (1) does not apply to the use of the term architectural by a person who carries on a business that supplies goods in relation to architecture to indicate that the person carries on that business.
	(2)	The Act, section 57 (1) does not apply to the use of the following terms by an employee of a registered architect to describe the employee:
	(a)	architectural assistant;
	(b)	architectural technician;
	(c)	architectural drafter.
8	Use of architect and registered architect—Act, s 57 (2)
	(1)	The Act, section 57 (1) does not apply to the use of the terms architect and registered architect by an interstate architect if—
	(a)	the use of the term is accompanied by something that indicates the local jurisdiction where the architect is registered; and
	(b)	before the use, the architect told the architects board in writing that the architect would be using the term in the ACT.
	(2)	In this regulation:
interstate architect means an architect who—
	(a)	is registered (however described) in a local jurisdiction; and
	(b)	is normally resident in that jurisdiction.
9	Use of term describing architectural qualification—Act, s 57 (2)
The Act, section 57 (1) does not apply to the use by a person of a term describing an architectural qualification held by the person.
10	Nominations for architects board member
	(1)	Within the prescribed period for the appointment of an architects board member, the registrar must publish a notice in a daily ACT newspaper—
	(a)	asking for registered people to nominate themselves for appointment as an architects board member (a new member); and
	(b)	stating that only registered people may nominate; and
	(c)	stating the date for close of nominations (the close date);
	(d)	stating the information required for nomination.
	(2)	The date stated for close of nominations must be not less than 2 weeks after the day the notice is published.
	(3)	A nomination must—
	(a)	be in writing, signed by the nominee; and
	(b)	include the following:
	(i)	the nominee’s contact details;
	(ii)	the nominee’s registration number;
	(iii)	a brief description of the nominee’s experience as a registered architect in the ACT.
	(4)	The registrar must tell each nominee whether his or her nomination was received before the close date as soon as practicable after receiving the nomination.
	(5)	The Minister must tell each nominee whose nomination was received before the close date in writing about the appointment of the new member.
	(6)	In this regulation:
prescribed period, for the appointment of an architects board member, means the period starting 7 months before the day the term of the architects board member’s appointment ends and ending 6 months before that day. 

Part 3	Miscellaneous
11	Definitions for pt 3
In this part:
architect—
	(a)	means a person registered under the Act; and 
	(b)	includes—
	(i)	for a complaint—a person who was registered when the thing complained of happened; and
	(ii)	for a disciplinary action—a person who was registered when the contravention happened. 
contravention, for disciplinary action against an architect, means what the architect did that caused disciplinary action to be taken.
12	Information in annual report—Act, s 67
	(1)	The architects board’s annual report for a financial year must include the following information about complaints:
	(a)	the total number of complaints made in the year;
	(b)	the number of complaints made about architects;
	(c)	the number of complaints made about architects who are not registered;
	(d)	a description of the kinds of complaints made about architects.
	(2)	The architects board’s annual report for a financial year must include the following information about disciplinary action:
	(a)	the name of each architect against whom disciplinary action was taken during the financial year;
	(b)	for each person mentioned in paragraph (a)—
	(i)	the contravention; and
	(ii)	the disciplinary action taken; and
	(iii)	the result of any review of the decision to take disciplinary action.
	(3)	The architects board annual report for a financial year must report about other activities undertaken by the architects board.
Example of board activity
general advice given to consumers by the architects board
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Schedule 1	Prescribed qualifications
    
(see reg 4)
column 1
item	column 2
issuing institution	column 3
name of higher education award	
1	University of Canberra	Bachelor of Architecture	
2	University of Sydney	Bachelor of Architecture	
3	University of New South Wales	Bachelor of Architecture	
4	University of Technology, Sydney	Bachelor of Architecture
Diploma of Technology (Architecture)	
5	University of Newcastle	Bachelor of Architecture	
6	Queensland University	Bachelor of Architecture
Master of Architectural Studies	
7	Queensland University of Technology General Practice Stream	Bachelor of Architecture
Graduate Diploma of Architecture
Diploma of Architecture	
8	University of Adelaide	Bachelor of Architecture	
9	University of South Australia	Bachelor of Architecture
Diploma of Technology (Architecture)	
10	University of Tasmania	Bachelor of Architecture
Graduate Diploma of Architecture
Diploma of Architecture	
11	University of Melbourne	Bachelor of Architecture
Master of Architecture (Coursework) - Option C	
12	Royal Melbourne Institute of Technology	Bachelor of Architecture
Associate Diploma in Architecture
Fellowship Diploma in Architecture	
13	Deakin University	Bachelor of Architecture
Master of Architecture (Practice)	
14	University of Western Australia	Bachelor of Architecture	
15	Curtin University of Technology or West Australian Institute of Technology	Bachelor of Architecture
Associate in Architecture	

Dictionary
(see reg 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACT
·	in relation to
·	month
·	under.
Note 3	Terms used in these regulations have the same meaning that they have in the Architects Act 2004 (see Legislation Act, s 148).  For example, the following terms are defined in the Architects Act 2004, dict:
·	daily ACT newspaper
·	local jurisdiction
·	registered.
architects board member means a board member mentioned in the Act, section 70 (1) (c).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	par = paragraph/subparagraph	
cl = clause	pres = present	
def = definition	prev = previous	
dict = dictionary	(prev...) = previously	
disallowed = disallowed by the Legislative 	pt = part	
Assembly	r = rule/subrule	
div = division	reg = regulation/subregulation	
exp = expires/expired	renum = renumbered	
Gaz = Gazette	reloc = relocated	
hdg = heading	R[X] = Republication No	
IA = Interpretation Act 1967	RI = reissue	
ins = inserted/added	s = section/subsection	
LA = Legislation Act 2001	sch = schedule	
LR = legislation register	sdiv = subdivision	
LRA = Legislation (Republication) Act 1996	sub = substituted	
mod = modified/modification	SL = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	

3	Legislation history
These regulations were made as part of the Architects Act 2004 (see A2004-20, s 102 and sch 1).
Architects Regulations 2004 SL2004-23
taken to have been notified LR 7 April 2004 (A2004-20, s 102 (3) (a))
reg 1 taken to have commenced 7 April 2004 (LA s 75 (1))
remainder commenced 1 July 2004 (A2004-20, s 102 (3) (b))

©  Australian Capital Territory 2004