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Professional Engineers Registration Act 2019
No. of 2019
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
4 What are areas of engineering? 5
5 Extraterritorial application of Act 5
6 Functions of the Business Licensing Authority 6
7 Functions of the Director 6
8 Functions of the Victorian Building Authority 7
9 Delegation 7
Part 2--Registration of engineers 8
Division 1--Procedure for obtaining registration and endorsement 8
10 Application for registration 8
11 Application for endorsement 8
12 Registration 9
13 When a person is a fit and proper person 10
14 Endorsement 11
15 Referral of endorsement applications to Victorian Building
Authority 12
16 Business Licensing Authority may conduct inquiries and
require further information 13
17 Certificates of registration 13
18 Conditions on registration or endorsement 14
19 Period of registration or endorsement 14
20 Renewal of registration 14
21 Annual endorsement fee and statement 15
22 Surrender of registration or endorsement 16
23 Suspension of endorsement 16
24 Change to registered information 16
25 Return of certificates of registration 16
Division 2--Review of registration decisions 17
26 Definitions 17
27 Application for review by VCAT of reviewable decision 18
i
Clause Page
Division 3--The Register 18
28 The Register 18
29 Publication of information 20
Division 4--Codes of conduct 21
30 Director may approve codes of conduct for registered
professional engineers 21
31 Codes of conduct prepared by Director or industry 22
32 Publication of codes of conduct 22
33 Engineers must comply with approved codes of conduct 23
Part 3--Assessment schemes 24
Division 1--Approval of assessment schemes 24
34 Suitability of assessment schemes for approval 24
35 Application for approval of an assessment scheme 25
36 Application for renewal of approval of an assessment scheme 25
37 Application for variation to an approved assessment scheme 26
38 Notification of change of details of assessment entity 26
39 Further information or document to support application 27
40 Decision on application 27
41 Notice of decision 28
42 Grant of application with conditions 28
43 Refusal of application 29
44 Period of approval 30
45 Approval continues pending decision about renewal 30
46 Surrender of approval 31
47 Grounds for cancellation or suspension of approval 31
Division 2--Show cause process 32
48 Show cause notice for assessment entities 32
49 Representations about show cause notice 33
50 Ending show cause process without further action 33
51 Cancelling or suspending after show cause process 33
Division 3--Review by VCAT 34
52 Application for review by VCAT of refusal to grant
application 34
Division 4--Record of assessment entities 35
53 Record of assessment entities 35
Part 4--Disciplinary proceedings in relation to registered
professional engineers 36
Division 1--Preliminary 36
54 Application of Part 36
ii
Clause Page
55 Grounds for disciplinary action 36
Division 2--Show cause process 37
56 Show cause process for registered professional engineers 37
57 Representations about show cause notice 39
58 Decision about whether to take disciplinary action 39
59 Ending show cause process without further action 40
Division 3--VCAT may conduct disciplinary proceedings 40
60 VCAT may conduct disciplinary proceeding 40
61 Continuation of particular proceeding 40
62 Orders relating to registered professional engineer 40
63 Orders relating to former registered professional engineer 42
64 Consequences of suspension of registration 43
65 Effect of particular orders 43
66 Recording details of orders 44
Part 5--Offences 45
67 Offence to provide professional engineering services without
registration 45
68 Offence to hold out to be registered or endorsed without
registration 45
69 Offence to provide false or misleading information 46
Part 6--Enforcement 47
Division 1--Preliminary 47
70 Inspector must produce identity card 47
Division 2--Inspection of documents and records 47
71 Documents to be available for inspection 47
72 Powers on production of documents 47
73 Where must documents be produced? 48
74 Third parties to produce documents and answer questions
relating to professional engineering services 48
75 Specified public bodies to answer questions and supply
information 49
76 Certain other specified persons or bodies to answer questions
and supply information 50
77 Specified persons to answer questions and supply information 51
78 Service of documents 52
Division 3--Entry, search and seizure 52
79 Entry or search with consent 52
80 Entry without consent or warrant 54
81 Use or seizure of electronic equipment at premises 55
82 Search warrants 57
iii
Clause Page
83 Form and content of search warrants 57
84 Warrant may authorise the giving of a direction requiring
assistance from person with knowledge of a computer or other
electronic device 59
85 Announcement before entry 61
86 Seizure of things not mentioned in the warrant 62
87 Embargo notice 62
88 Inspector may monitor compliance with embargo notice 63
89 Search warrants in relation to embargo notice 64
90 Retention and return of seized documents or things 64
91 Magistrates' Court may extend 3-month period 65
92 Requirement to assist inspector during entry 66
93 Protection against self-incrimination 66
94 Refusal or failure to comply with requirement 67
95 Confidentiality 67
96 Infringements 68
97 Complaints 68
Part 7--General 69
98 Application of Australian Consumer Law and Fair Trading
Act 2012 69
99 Who may commence proceedings? 70
100 Service of documents 70
101 Extension of time for prosecutions 71
102 Review of operation of Act 71
103 Regulations 72
104 Transitional regulations 73
105 Certain provisions of the Subordinate Legislation Act 1994 not
to apply 74
Part 8--Savings, consequential and transitional provisions 75
Division 1--Transitional provisions 75
106 Definitions 75
107 Certain building practitioners deemed to be endorsed building
engineers until registration expires 75
Division 2--Amendments to the Business Licensing Authority
Act 1998 76
108 Definitions 76
109 Constitution of Authority 76
110 Functions of Authority 76
111 Consultants 76
Division 3--Amendments to the Building Act 1993 77
112 Definitions 77
113 Offences relating to carrying out building work 77
iv
Clause Page
114 Specification of builders in relation to specific building work 77
115 Notice of ending of engagement of builder 78
116 Notice to relevant building surveyor of subsequent
engagement of builder 78
117 Suspension of building permit 78
118 Immunity for Commissioners and staff 79
119 Immunity for building surveyor relying on certificate 79
120 Order requiring insurance 79
121 Offence to work as building practitioner without required
insurance 79
122 Offence to claim to be insured when uninsured 80
123 Offence for owner-builder to sell building without report
or insurance 80
124 New section 169K inserted 81
125 Registered building practitioner to produce certificate of
registration for inspection 81
126 New section 177E inserted 82
127 Grounds for disciplinary action 82
128 New section 184A inserted 83
129 Grounds on which disciplinary action may be taken 84
130 Building surveyor may rely on certificate by other registered
building practitioner 84
Division 4--Amendments to the Domestic Building Contracts
Act 1995 84
131 Building work to which this Act does not apply 84
132 What is a domestic building work dispute? 85
133 Who may be appointed as an assessor? 85
134 What is a domestic building dispute? 85
Division 5--Amendments to the Australian Consumer Law and
Fair Trading Act 2012 86
135 Definitions 86
136 Effect of suspension 86
137 Schedule 1 to the Australian Consumer Law and Fair Trading
Act 2012 87
Division 6--Repeal of amending Divisions 87
138 Repeal of amending Divisions 87
═════════════
Endnotes 88
1 General information 88
v
Professional Engineers Registration
Act 2019
No. of 2019
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The purpose of this Act is to establish a scheme
for the registration of professional engineers--
(a) to promote best practice in providing
professional engineering services; and
(b) to ensure that professional engineering
services are provided only by suitably
qualified and experienced engineers; and
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Part 1--Preliminary
(c) to provide for the endorsement of
registration authorising a registered
professional engineer to be engaged
in the building industry; and
(d) to provide appropriate protection to
consumers of professional engineering
services provided by registered professional
engineers; and
(e) to make consequential amendments to other
Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act has not come into
operation by 1 July 2021, it comes into operation
on that day.
3 Definitions
(1) In this Act--
assessment entity, for an assessment scheme
that has been approved under Part 3,
means the entity administering the scheme;
assessment scheme means a scheme approved
under Part 3;
Building account has the same meaning as it has
in the Building Act 1993;
Business Licensing Authority means the Business
Licensing Authority established under the
Business Licensing Authority Act 1998;
Director means the person who, for the
time being, is employed as Director of
Consumer Affairs Victoria under the
Public Administration Act 2004;
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Part 1--Preliminary
endorsed building engineer means a registered
professional engineer whose registration is
endorsed under Part 2;
endorsement means an endorsement under
Part 2 authorising a registered professional
engineer to engage in the building industry;
identity card, in relation to an inspector,
means the identification issued to the
inspector under section 143 of the
Australian Consumer Law and Fair
Trading Act 2012;
inspector means an inspector appointed under
the Australian Consumer Law and Fair
Trading Act 2012;
Licensing Registrar means the Registrar of the
Business Licensing Authority appointed
under the Business Licensing Authority
Act 1998;
non-practising professional engineer means a
registered professional engineer who does
not carry out, and is not responsible for the
carrying out of, professional engineering
services;
officer, in relation to a body corporate, has the
same meaning as officer of a corporation
has in section 9 of the Corporations Act;
practising professional engineer means a
registered professional engineer who carries
out, or is responsible for the carrying out of,
professional engineering services;
prescriptive standard means a document that
states procedures or criteria--
(a) for carrying out a design, or a
construction or production activity,
relating to engineering; and
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Part 1--Preliminary
(b) the application of which, to the carrying
out of the design, or the construction
or production activity, does not require
advanced scientifically based
calculations;
professional engineering service means an
engineering service that requires, or is
based on, the application of engineering
principles and data--
(a) to a design relating to engineering; or
(b) to a construction, production,
operation or maintenance activity
relating to engineering--
other than an engineering service that
is provided only in accordance with a
prescriptive standard;
Register means the Register established under
section 28;
registered professional engineer means a
person who is registered under Part 2;
suitable for approval, in relation to an
assessment scheme, means an assessment
scheme that complies with the requirements
of section 34;
unsatisfactory professional conduct, for a
registered professional engineer, includes
the following--
(a) conduct that is of a lesser standard
than that which might reasonably be
expected of the registered professional
engineer by the public or by the
engineer's professional peers;
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Part 1--Preliminary
(b) conduct that demonstrates
incompetence, or a lack of adequate
knowledge, skill, judgement or care,
in the practice of engineering;
(c) misconduct in a professional respect;
(d) fraudulent or dishonest behaviour in the
practice of engineering;
(e) other improper or unethical conduct;
Victorian Building Authority means the
Victorian Building Authority established
under the Building Act 1993.
(2) In determining whether or not a document is a
prescriptive standard, regard may be had to any
practice notes prepared and published by the
Director.
4 What are areas of engineering?
(1) In this Act, area of engineering means any of
the following--
(a) structural engineering;
(b) civil engineering;
(c) mechanical engineering;
(d) electrical engineering;
(e) fire safety engineering;
(f) any other prescribed area of engineering.
(2) The Business Licensing Authority must publish
the areas of engineering on the Internet.
5 Extraterritorial application of Act
This Act applies within and outside Victoria to the
full extent of the extraterritorial legislative power
of the Parliament.
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6 Functions of the Business Licensing Authority
The functions of the Business Licensing Authority
under this Act are--
(a) to determine applications for registration and
endorsement and renewals of registration and
endorsement; and
(b) to refer certain applications for endorsement
of registration to the Victorian Building
Authority for report; and
(c) to approve assessment entities and
assessment schemes; and
(d) to liaise with and assist the Director and the
Victorian Building Authority in carrying out
their functions in relation to this Act; and
(e) to refer relevant matters for investigation
by the Director or any other relevant body;
and
(f) any other function conferred on the Business
Licensing Authority by or under this Act, the
regulations or any other Act or regulations.
7 Functions of the Director
The functions of the Director under this Act are--
(a) to liaise with and assist the Business
Licensing Authority and the Victorian
Building Authority in carrying out their
functions in relation to this Act; and
(b) to monitor compliance with, and investigate
and prosecute alleged contraventions of, this
Act; and
(c) to refer registered professional engineers to
VCAT for disciplinary action; and
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Part 1--Preliminary
(d) to refer to other bodies for investigation, if
appropriate, any allegation, complaint or
information in relation to registered
professional engineers; and
(e) any other function conferred on the Director
by or under this Act, the regulations or any
other Act or regulations.
8 Functions of the Victorian Building Authority
The functions of the Victorian Building Authority
under this Act are--
(a) to provide reports in relation to applications
for endorsement; and
(b) to liaise with and assist the Business
Licensing Authority and the Director in
carrying out their functions in relation to
this Act; and
(c) any other function conferred on the Victorian
Building Authority by or under this Act, the
regulations or any other Act or regulations.
9 Delegation
(1) The Director, by instrument, may delegate any of
the Director's functions or powers under this Act
to either or both of the following--
(a) a person engaged or appointed under
section 7(2) or 15 of the Business
Licensing Authority Act 1998;
(b) a person or class of person employed
under Part 3 of the Public Administration
Act 2004 in the administration of this Act.
(2) The Victorian Building Authority, by instrument,
may delegate any of its functions or powers under
this Act to any person.
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Professional Engineers Registration Act 2019
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Part 2--Registration of engineers
Part 2--Registration of engineers
Division 1--Procedure for obtaining
registration and endorsement
10 Application for registration
(1) A natural person may apply to the Business
Licensing Authority to be registered as a
professional engineer.
(2) The application must--
(a) be in a form approved by the Business
Licensing Authority; and
(b) state each area of engineering for which
registration is sought; and
(c) state whether the applicant is seeking
registration as a practising or non-practising
professional engineer; and
(d) be accompanied by the prescribed
information; and
(e) be accompanied by--
(i) the prescribed application fee; and
(ii) the prescribed registration fee.
11 Application for endorsement
(1) A natural person who has applied for registration
under section 10, or is registered under section 12,
may apply to the Business Licensing Authority
for an endorsement of the registration authorising
the person to practise as a registered professional
engineer who is engaged in the building industry.
(2) The application must--
(a) be in a form approved by the Business
Licensing Authority; and
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(b) be accompanied by the prescribed
information; and
(c) be accompanied by the prescribed
endorsement application fee.
(3) The application may be made at the same time as,
or after, an application under section 10.
(4) The Business Licensing Authority must pay any
endorsement application fees received under this
section into the Building account.
12 Registration
(1) The Business Licensing Authority must register
an applicant in an area of engineering applied for
if--
(a) it is satisfied that the applicant is eligible for
registration in that area; and
(b) the prescribed application fee and prescribed
registration fee have been paid.
(2) In determining whether an applicant is eligible
for registration, the Business Licensing Authority
must be satisfied of the following--
(a) that the applicant has the required
qualifications and experience relevant to
each area of engineering for which the
applicant has applied, as prescribed or
provided for in an assessment scheme
(as the case may be);
(b) that the applicant is not subject to
disqualification or cancellation of
registration as a professional engineer in
Victoria, or another State or a Territory;
(c) that the applicant is not a represented
person within the meaning of the
Guardianship and Administration
Act 1986;
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(d) that the applicant has complied with any
other prescribed requirement.
(3) For the purposes of satisfying itself of the matters
referred to in subsection (2)(a), the Business
Licensing Authority must have regard to a report
from an assessment entity that administers an
approved assessment scheme under this Act or
the regulations.
(4) Despite subsection (1), the Business Licensing
Authority may refuse to register an applicant if
it is satisfied that the applicant is not a fit and
proper person to provide professional engineering
services in an area of engineering.
(5) In determining whether an applicant is eligible
for registration or is a fit and proper person, the
Business Licensing Authority may make any
inquiries that the Business Licensing Authority
considers to be appropriate to enable the proper
consideration of the application.
(6) The Business Licensing Authority may register
an applicant as a practising or non-practising
professional engineer.
13 When a person is a fit and proper person
In determining whether a person is a fit and
proper person to provide professional engineering
services in an area of engineering, the Business
Licensing Authority may have regard to the
following--
(a) whether the person, within the preceding
10 years, has been convicted or found guilty
of--
(i) an indictable offence; or
(ii) an offence that, if committed in
Victoria, would constitute an indictable
offence; or
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(iii) an offence under any law of the
Commonwealth, or another State or a
Territory, regulating the provision of
professional engineering services;
(b) if the person has been a registered
professional engineer under this Act, or
registered to practise as an engineer under a
law of the Commonwealth or another State
or a Territory, and the registration was
suspended, the reason for the suspension;
(c) whether the person, or a body corporate
of which the person is or was an
officer, is or has been insolvent or an
externally-administered company under
the Corporations Act;
(d) whether the person has failed to comply
with--
(i) an order by a court or VCAT under
this Act; or
(ii) an order by a court or tribunal of the
Commonwealth or another State or a
Territory under a law regulating the
provision of professional engineering
services;
(e) any other prescribed circumstances.
14 Endorsement
(1) The Business Licensing Authority must,
on application under section 11, endorse a
registration authorising the applicant as a
registered professional engineer who is
engaged in the building industry if--
(a) it is satisfied that the applicant is
registered, or is eligible for registration,
under section 12; and
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(b) the prescribed endorsement application fee
has been paid; and
(c) it is satisfied that the applicant is a fit and
proper person within the meaning of the
Building Act 1993 to carry on business as
a registered professional engineer who is
engaged in the building industry.
(2) For the purposes of satisfying itself of the matters
referred to in subsection (1)(c), the Business
Licensing Authority must rely on a report from
the Victorian Building Authority.
15 Referral of endorsement applications to Victorian
Building Authority
(1) Before making a decision on an application for
endorsement, the Business Licensing Authority
must refer the application to the Victorian
Building Authority.
(2) On a referral under this section, the Victorian
Building Authority--
(a) may make any inquiries in relation to the
application that the Victorian Building
Authority considers to be appropriate to
enable the proper consideration of the
application; and
(b) must give the Business Licensing Authority
a report on the results of those inquiries.
(3) The Victorian Building Authority--
(a) must include in a report a recommendation
whether the registration should be endorsed;
and
(b) may include in a report any other
recommendations relating to the application
that the Victorian Building Authority thinks
fit.
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16 Business Licensing Authority may conduct inquiries
and require further information
(1) In considering an application under this Division,
the Business Licensing Authority may--
(a) conduct any inquiries in relation to the
application that it thinks fit; and
(b) require an applicant to provide further
information in relation to the application.
(2) The Business Licensing Authority may refuse
to register an applicant or endorse an applicant's
registration (as the case may be) if the applicant
fails to comply with a requirement under
subsection (1)(b) within a reasonable time after
the requirement is made.
(3) Each of the Business Licensing Authority and
the Victorian Building Authority may specify
how any information supplied to it under this
Division is to be verified, and without limiting
the scope of this power, may require that the
information be supplied in the form of, or be
verified by, a statutory declaration.
17 Certificates of registration
(1) As soon as is practicable after registering an
applicant under section 12, the Business Licensing
Authority must cause a certificate of registration
to be issued to the applicant.
(2) If the Licensing Registrar is satisfied that a
certificate of registration has been lost or
destroyed, the Licensing Registrar, on payment
of the prescribed fee (if any), may issue a
duplicate certificate of registration.
(3) A registered professional engineer must, on
request, produce the engineer's certificate of
registration to any of the following persons or
bodies within 7 days of the request being made--
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(a) the Business Licensing Authority;
(b) the Director;
(c) the Victorian Building Authority;
(d) an inspector;
(e) a client of the engineer.
Penalty: 10 penalty units.
18 Conditions on registration or endorsement
The Business Licensing Authority--
(a) must impose on a registration or
endorsement any prescribed conditions;
and
(b) may impose on a registration or endorsement
any other conditions that the Business
Licensing Authority considers appropriate
for the registration or endorsement.
19 Period of registration or endorsement
(1) Registration and endorsement under this Part
lasts for a period of up to 3 years as determined
by the Business Licensing Authority.
(2) Subsection (1) does not take away from any
provision about the suspension or cancellation of
registration or the endorsement of a registration.
20 Renewal of registration
(1) The Business Licensing Authority may grant a
renewal of registration or an endorsement on the
application of the registered professional engineer.
(2) This Part applies to a renewal of registration or
endorsement in the same manner as it applies to
a registration or endorsement, subject to any
prescribed modifications.
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(3) A prescribed qualification or the equivalent
of a prescribed qualification accepted under
section 12(2)(a) for the registration of a
professional engineer is taken to be the
appropriate prescribed qualification for
the renewal of that registration.
(4) Without limiting subsection (2), in considering
whether to grant a renewal of registration or
a renewal of an endorsement, the Business
Licensing Authority may have regard to--
(a) whether the applicant has complied
with prescribed continuing professional
development requirements (if any); and
(b) whether the applicant complies with
any other renewal criteria or conditions
prescribed by the regulations.
21 Annual endorsement fee and statement
(1) An endorsed building engineer must pay to the
Victorian Building Authority the prescribed
annual endorsement fee (if any)--
(a) on the date the endorsement was specified to
come into force under section 14 or specified
to be renewed under section 20 (as the case
may be) and on each subsequent anniversary
of whichever of those dates is applicable; or
(b) if another date is prescribed, on the
prescribed date.
(2) An annual endorsement fee may be paid at any
time in the 6 weeks before it falls due.
(3) The payment must be accompanied by a statement
in respect of the year up to the date the payment is
made that is in a form approved by the Victorian
Building Authority and that is signed by the
endorsed building engineer.
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(4) The statement must contain any information and
be accompanied by any document required by the
Victorian Building Authority.
(5) The Business Licensing Authority must suspend
the endorsement on an endorsed building
engineer's registration if the engineer fails to
comply with this section.
22 Surrender of registration or endorsement
(1) A registered professional engineer may, with the
consent of the Business Licensing Authority,
surrender the engineer's registration.
(2) An endorsed building engineer may, with the
consent of the Business Licensing Authority and
the Victorian Building Authority, surrender the
endorsement on the engineer's registration.
23 Suspension of endorsement
The Business Licensing Authority must suspend
an endorsed building engineer's endorsement
upon granting an application by the engineer for
registration as a non-practising professional
engineer.
24 Change to registered information
A registered professional engineer must notify
the Business Licensing Authority of any material
change to the information about the engineer
provided to the Business Licensing Authority
under this Part within 14 days after the change
occurs.
Penalty: 10 penalty units.
25 Return of certificates of registration
A person registered, or whose registration
is endorsed, under this Part must return the
certificate of registration to the Business
Licensing Authority within 7 days of--
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(a) becoming aware of the suspension or
cancellation of the registration; or
(b) becoming aware of the suspension or
cancellation of an endorsement of the
registration; or
(c) notifying the Business Licensing
Authority that the person is surrendering
an endorsement or registration; or
(d) the occurrence of any other prescribed
circumstances.
Penalty: 10 penalty units.
Division 2--Review of registration decisions
26 Definitions
In this Division--
affected person means a person directly affected
by a reviewable decision;
reviewable decision means any of the following
decisions under this Act--
(a) a decision to refuse an application for
registration in an area of engineering;
(b) a decision to refuse an application for
endorsement of a registration;
(c) a decision to impose conditions
(other than prescribed conditions)
on a registration or an endorsement
of a registration;
(d) a decision to refuse to renew a
registration or an endorsement
of a registration.
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27 Application for review by VCAT of reviewable
decision
(1) An affected person may apply to VCAT for
review of a reviewable decision.
(2) An application for review of a reviewable decision
must be made within 28 days after the reviewable
decision is made.
(3) For the purposes of an application under this
section, the following decisions are taken to be a
decision of the Victorian Building Authority--
(a) a decision to refuse an application for
endorsement of a registration;
(b) a decision to impose conditions (other than
prescribed conditions) on an endorsement of
a registration;
(c) a decision to refuse to renew an endorsement
of a registration.
Division 3--The Register
28 The Register
(1) The Licensing Registrar must establish and
maintain a register to be called the Register of
Professional Engineers.
(2) The purposes of the Register are--
(a) to record information about registered
professional engineers and publish certain
information; and
(b) to record information about applications
for registration and endorsement of
registration and for renewal of registration
and endorsement of registration, including
applications that were refused; and
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(c) to record information about registration
or endorsements of registration that were
cancelled by VCAT and any conditions
imposed on registrations or endorsements;
and
(d) to record decisions and determinations made
by the Business Licensing Authority under
this Act; and
(e) subject to section 17A of the Business
Licensing Authority Act 1998, to make
the information collected for the purposes
of the Register available to the public; and
(f) to enable the Director, the Business
Licensing Authority and the Victorian
Building Authority to provide information
to registered professional engineers and
other persons affected by this Act.
(3) The Licensing Registrar must record in the
Register the following information in respect
of each registered professional engineer--
(a) the engineer's full name and registration
number;
(b) the address for service of the engineer;
(c) the areas of engineering in respect of which
the engineer is registered;
(d) whether there is an endorsement on the
registration;
(e) the date on which the application for
registration and endorsement of the
registration (if any) was granted;
(f) the date on which an application for renewal
of the registration and endorsement of the
registration (if any) was granted;
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(g) the expiry date of the registration and
endorsement of the registration (if any);
(h) if applicable, the date on which the
registration or endorsement of the
registration was cancelled;
(i) details of any condition to which the
registration and endorsement of the
registration (if any) is subject;
(j) details of any court order or VCAT order
affecting the registration and endorsement
of the registration (if any) of which the
Business Licensing Authority has notice;
(k) any other prescribed matter.
(4) A person may search and take a copy of an extract
from, or a copy of, the Register on payment of the
prescribed fee (if any).
(5) A person may obtain a certified extract from, or a
certified copy of, the Register on the payment of
the prescribed fee (if any).
(6) Subject to section 17A of the Business Licensing
Authority Act 1998, the Licensing Registrar may
keep and publish the Register in any form that the
Licensing Registrar thinks fit.
29 Publication of information
(1) The Licensing Registrar must publish on the
Internet the following information in respect
of each registered professional engineer--
(a) the name of the engineer;
(b) the areas of engineering in respect of which
the engineer is registered;
(c) whether there is an endorsement on the
registration;
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(d) the date on which the registration and
endorsement of the registration (if any)
was granted;
(e) the expiry date of the registration and
endorsement of the registration (if any);
(f) any conditions on the registration and
endorsement of the registration (if any);
(g) any convictions or findings of guilt for any
offence under this Act or the regulations or
the Building Act 1993 or regulations made
under that Act;
(h) details of any disciplinary orders made
under Part 4 or any disciplinary action under
Part 11 of the Building Act 1993;
(i) any other prescribed information.
(2) A registered professional engineer must notify
the Licensing Registrar of any change in the
information about the engineer appearing in the
Register without delay after the change occurs,
and the Licensing Registrar must update the
Register accordingly.
(3) The Register must be in accordance with the
regulations.
Division 4--Codes of conduct
30 Director may approve codes of conduct for
registered professional engineers
(1) The Director may approve codes of conduct
for registered professional engineers in
accordance with this Division.
(2) A code of conduct may make different provision
for different areas of engineering.
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(3) Without limiting their scope, codes of conduct
may deal with any obligation of a registered
professional engineer to act fairly, honestly
and in the best interests of a client.
31 Codes of conduct prepared by Director or industry
(1) A code of conduct approved by the Director under
this Division may be--
(a) a code of conduct prepared by the Director;
or
(b) a code of conduct prepared and submitted to
the Director by an organisation representing
engineers.
(2) In preparing a code of conduct under subsection
(1)(a), the Director--
(a) must consult with any prescribed
organisation representing engineers;
and
(b) may consult with any other organisation.
(3) The Director may make changes to a code
of conduct submitted to the Director under
subsection (1)(b).
(4) Before making changes to a code of conduct
under subsection (3), the Director--
(a) must consult with the organisation that
submitted the code of conduct; and
(b) may consult with any other organisation.
32 Publication of codes of conduct
As soon as is practicable after a code of conduct is
approved, the Director must publish the code of
conduct on the Internet.
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Part 2--Registration of engineers
33 Engineers must comply with approved codes of
conduct
A registered professional engineer must comply
with any code of conduct approved under
this Division that is applicable to the area of
engineering in respect of which the engineer
is registered.
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Part 3--Assessment schemes
Part 3--Assessment schemes
Division 1--Approval of assessment schemes
34 Suitability of assessment schemes for approval
An assessment scheme is suitable for approval
under this Part if--
(a) the scheme adequately provides for
the assessment of qualifications
and competencies of engineers in an
identifiable area of engineering; and
(b) the scheme is consistent with national and
international standards for the recognition
of professional engineers; and
(c) the scheme includes procedures for the
assessment of applicants for registration
under Part 2 that are conducted in an
independent and professional manner; and
(d) the entity conducting the scheme has
adequate procedures for monitoring and
improving the assessment process carried
out under the scheme; and
(e) any fees imposed under the scheme for
the assessment of qualifications and
competencies are reasonable having regard
to the scope of the services being offered;
and
(f) the scheme includes adequate continuing
professional development requirements for
engineers and an effective audit program
to ensure registration renewal requirements
are met; and
(g) the entity conducting the scheme engages
competent persons to perform assessments
of applicants for registration under Part 2
and has proven procedures for training and
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Part 3--Assessment schemes
accrediting those persons who will perform
the assessments; and
(h) the entity conducting the scheme has
the financial capacity and facilities to
conduct assessments of qualifications
and competencies; and
(i) the entity conducting the scheme has a
proven capacity to undertake independent
and authoritative assessments in a timely
manner; and
(j) the scheme and the entity conducting
the scheme satisfy any other applicable
prescribed criteria.
35 Application for approval of an assessment scheme
(1) An entity may apply to the Business Licensing
Authority for approval of a proposed assessment
scheme for one or more areas of engineering, or
proposed areas of engineering, to be conducted
by the entity.
(2) The application must--
(a) be in a form approved by the Business
Licensing Authority; and
(b) be supported by enough information to
enable the Business Licensing Authority
to determine the application; and
(c) be accompanied by--
(i) the proposed assessment scheme; and
(ii) the prescribed fee (if any).
36 Application for renewal of approval of an
assessment scheme
(1) The assessment entity for an assessment scheme
may apply to the Business Licensing Authority for
renewal of the approval of the assessment scheme.
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(2) The application must--
(a) be in a form approved by the Business
Licensing Authority; and
(b) be supported by enough information to
enable the Business Licensing Authority
to determine the application; and
(c) be made at least 28 days before the approval
ends; and
(d) be accompanied by the prescribed fee
(if any).
37 Application for variation to an approved assessment
scheme
(1) The assessment entity for an assessment scheme
may apply to the Business Licensing Authority for
variation of the assessment scheme.
(2) The application must--
(a) be in a form approved by the Business
Licensing Authority; and
(b) be supported by enough information
to enable the Business Licensing Authority
to decide the application; and
(c) be accompanied by--
(i) the proposed variation of the
assessment scheme; and
(ii) the prescribed fee (if any).
38 Notification of change of details of assessment entity
An assessment entity must notify the Business
Licensing Authority of any changes in the
information provided to the Business Licensing
Authority under this Part within 30 days of the
change.
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39 Further information or document to support
application
(1) The Business Licensing Authority may, by written
notice, require an applicant under this Part to give
the Business Licensing Authority, within at least
14 days or such other reasonable time stated in
the notice, further information or a document the
Business Licensing Authority reasonably requires
to determine the application.
(2) The Business Licensing Authority and the
applicant may agree on an extension of the
time stated in the notice.
(3) The applicant is taken to have withdrawn
its application if the applicant does not
comply with the requirement within the
following time--
(a) the time stated in the notice;
(b) if the Business Licensing Authority and
the applicant have agreed on an extension
of time--the agreed time.
40 Decision on application
(1) The Business Licensing Authority must
determine an application under this Part by
granting or refusing the application.
(2) The Business Licensing Authority must grant the
application if the Business Licensing Authority is
satisfied that--
(a) in the case of an application for approval of
a proposed assessment scheme, the proposed
assessment scheme is suitable for approval;
or
(b) in the case of an application for renewal
of an approved assessment scheme, the
assessment scheme continues to be suitable
for approval; or
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(c) in the case of an application for variation
of an approved assessment scheme, the
assessment scheme as proposed to be varied
is suitable for approval.
(3) The Business Licensing Authority may, when
granting an application, impose any conditions
that it considers appropriate.
41 Notice of decision
If the Business Licensing Authority grants an
application without conditions, the Business
Licensing Authority must as soon as practicable
give the applicant notice of the decision.
42 Grant of application with conditions
(1) If the Business Licensing Authority proposes to
grant an application with conditions, the Business
Licensing Authority must give the applicant a
notice stating the following--
(a) that the Business Licensing Authority
proposes to grant the application with
conditions (the proposed decision);
(b) the proposed conditions;
(c) the reasons for the proposed decision;
(d) that the applicant may make, within
28 days of receiving the notice, written
representations to the Business Licensing
Authority about the proposed decision.
(2) The Business Licensing Authority must consider
all written representations about the proposed
decision (the accepted representations) made by
the applicant within 28 days of receiving a notice
under subsection (1).
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(3) After considering the accepted representations,
or if there are no accepted representations, the
Business Licensing Authority must decide to
grant the application with, or without, conditions.
(4) The Business Licensing Authority may impose
any conditions under subsection (3) that it
considers appropriate.
(5) The Business Licensing Authority must, as soon
as practicable after making a decision under
subsection (3), give the applicant--
(a) in the case of a decision to grant the
application without conditions, notice
of the decision; or
(b) in the case of a decision to grant the
application with conditions, notice of the
decision and reasons for the decision.
43 Refusal of application
(1) If the Business Licensing Authority proposes
to refuse to grant the application, the Business
Licensing Authority must give the applicant a
notice stating the following--
(a) that the Business Licensing Authority
proposes to refuse to grant the application
(the proposed decision);
(b) the reasons for the proposed decision;
(c) that the applicant may make, within
28 days of receiving the notice, written
representations to the Business Licensing
Authority about the proposed decision.
(2) The Business Licensing Authority must consider
all written representations about the proposed
decision (the accepted representations) made by
the applicant within 28 days of receiving a notice
under subsection (1).
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(3) After considering the accepted representations,
or if there are no accepted representations, the
Business Licensing Authority must decide--
(a) to grant the application, with or without
conditions; or
(b) to refuse to grant the application.
(4) As soon as practicable after making a decision
under subsection (3), the Business Licensing
Authority must give the applicant--
(a) in the case of a decision to grant the
application without conditions, notice
of the decision; or
(b) in the case of a decision to grant the
application with conditions or to refuse
to grant the application, notice of the
decision and reasons for the decision.
(5) Section 42 does not apply in relation to conditions
imposed under this section.
44 Period of approval
(1) An approval of an assessment scheme under
this Part remains in force for the term decided by
the Business Licensing Authority when granting
the application for approval or renewal of the
assessment scheme, unless it is sooner cancelled,
suspended or otherwise ended.
(2) A term under subsection (1) must not be more
than 5 years.
(3) A variation of an approval under this Part does
not extend the term of the approval.
45 Approval continues pending decision about renewal
(1) If an assessment entity applies for renewal
of approval of an assessment scheme under
section 36, the approval of the assessment
scheme is taken to continue in force from the
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day it would, but for this subsection, have ended
until the day on which any of the following first
happens--
(a) the Business Licensing Authority renews the
approval;
(b) if the Business Licensing Authority decides
to refuse to grant the renewal, the Business
Licensing Authority gives the assessment
entity notice of the decision;
(c) the assessment entity is taken to have
withdrawn the application under
section 39(3).
(2) If the Business Licensing Authority renews
the approval, the approval is taken to have
been renewed from the day it would, but for
subsection (1), have ended.
(3) Subsection (1) does not apply if the approval of
the assessment scheme is cancelled or suspended.
46 Surrender of approval
(1) The assessment entity for an assessment scheme
may surrender the approval for the scheme by
notice given to the Business Licensing Authority.
(2) The surrender of the approval takes effect--
(a) 90 days after the day the notice is given to
the Business Licensing Authority; or
(b) if a later day is stated in the notice, on the
later day.
47 Grounds for cancellation or suspension of approval
Each of the following is a ground for cancelling
or suspending the approval of an assessment
scheme--
(a) the assessment scheme stops being suitable
for approval;
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(b) the assessment entity for the scheme
has intentionally or recklessly assessed
an applicant for registration under
section 12(2)(a) as having the qualifications
and competencies provided for under the
scheme and the applicant does not have
those qualifications or competencies;
(c) the approval was granted because of a
materially false or misleading representation
or declaration;
(d) the assessment entity for the scheme has
contravened a condition of the approval;
(e) the assessment entity for the scheme has
contravened a provision of this Act.
Division 2--Show cause process
48 Show cause notice for assessment entities
(1) This section applies if--
(a) the Business Licensing Authority believes
a ground exists to cancel or suspend the
approval of an assessment scheme; and
(b) the Business Licensing Authority proposes
to cancel or suspend the approval
(the proposed action).
(2) The Business Licensing Authority must give the
assessment entity for the assessment scheme a
notice (a show cause notice) stating the
following--
(a) the proposed action;
(b) if proposing to suspend an approval--
the period of the proposed suspension;
(c) the grounds for the cancellation or
suspension;
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(d) an outline of the facts and circumstances
forming the basis for the grounds;
(e) that the assessment entity may make, within
a stated period (the show cause period),
written representations explaining why the
approval should not be cancelled or
suspended.
(3) The show cause period must be a period ending at
least 21 days after the show cause notice is given
to the assessment entity.
49 Representations about show cause notice
The Business Licensing Authority must consider
all written representations (the accepted
representations) made in the show cause period
by the assessment entity.
50 Ending show cause process without further action
If, after considering the accepted representations
for the show cause notice, the Business Licensing
Authority no longer believes the ground exists to
take the proposed action, the Business Licensing
Authority--
(a) must not take further action about the show
cause notice; and
(b) must, as soon as practicable, give notice to
the assessment entity that no further action
is to be taken in relation to the show cause
notice.
51 Cancelling or suspending after show cause process
(1) This section applies if, after considering the
accepted representations for the show cause
notice, the Business Licensing Authority--
(a) still believes the ground exists to cancel
or suspend the approval; and
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(b) believes cancellation or suspension is
warranted.
(2) This section also applies if there are no accepted
representations for the show cause notice.
(3) The Business Licensing Authority may--
(a) if the proposed action was to cancel the
approval--cancel the approval or suspend
the approval for a period; or
(b) if the proposed action was to suspend
the approval for a period--suspend the
approval for not longer than that period.
(4) If the Business Licensing Authority decides to
cancel or suspend the approval of the assessment
scheme, the Business Licensing Authority must
give the assessment entity notice of the decision
and the reasons for the decision.
(5) The decision takes effect--
(a) on the day the notice is given to the
assessment entity; or
(b) if a later day is stated in the notice--on the
later day.
Division 3--Review by VCAT
52 Application for review by VCAT of refusal to grant
application
(1) An assessment entity may apply to VCAT for a
review of a decision under this Part--
(a) to refuse an application; or
(b) to suspend or cancel the approval of an
assessment scheme administered by the
assessment entity; or
(c) to grant an application with conditions.
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(2) An application under subsection (1) must be made
within 28 days after the decision that is the subject
of the application.
Division 4--Record of assessment entities
53 Record of assessment entities
(1) The Business Licensing Authority must keep a
record stating each of the following--
(a) the name of each assessment entity;
(b) the contact details for the entity;
(c) the areas of engineering for which the
entity conducts an assessment scheme.
(2) The Business Licensing Authority must--
(a) publish the record on the Internet; and
(b) if asked by a person and on payment of the
prescribed fee (if any), give the person a
copy of all or part of the record.
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Part 4--Disciplinary proceedings in relation to registered professional
engineers
Part 4--Disciplinary proceedings in relation
to registered professional engineers
Division 1--Preliminary
54 Application of Part
This Part applies to the following--
(a) a registered professional engineer;
(b) a person who is not a registered professional
engineer, but who was registered at the time
of the conduct that forms the ground for
disciplinary action, as if the person were a
registered professional engineer.
Note
Section 64 provides that if a person's registration or
endorsement is suspended, the person is taken not to be
registered or endorsed (as the case may be) under this Act.
55 Grounds for disciplinary action
(1) Each of the following is a ground on which
disciplinary action may be taken in respect
of a registered professional engineer--
(a) the registered professional engineer has
contravened--
(i) this Act or the regulations under this
Act; or
(ii) a prescribed Act or law or a prescribed
provision of a prescribed Act or law;
(b) the registered professional engineer has
engaged in unsatisfactory professional
conduct;
(c) the registered professional engineer no
longer meets the eligibility criteria for an
area of engineering in respect of which the
registered professional engineer is registered;
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(d) the registered professional engineer is
not a fit and proper person to provide
professional engineering services in an
area of engineering in respect of which
the registered professional engineer is
registered;
(e) the registered professional engineer obtained
registration, or any required insurance, on
the basis of information or a document that
was false or misleading;
(f) the registered professional engineer has
failed to comply with a condition of the
registered professional engineer's
registration;
(g) the registered professional engineer has
failed to comply with an undertaking given
to the Director under this Act, or to the
Victorian Building Authority under the
Building Act 1993;
(h) the registered professional engineer has not
paid a fee or other amount required to be
paid under--
(i) this Act or the regulations; or
(ii) a prescribed Act or law.
(2) The Director may make inquiries to determine
whether a ground exists for taking disciplinary
action under this Part.
Division 2--Show cause process
56 Show cause process for registered professional
engineers
(1) The Director may, by notice in writing, require
a registered professional engineer to show cause
why the engineer should continue to be registered.
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(2) The Director may issue a notice under
subsection (1) if the Director is of the opinion
that--
(a) there are reasonable grounds to believe that
a ground for disciplinary action against the
registered professional engineer exists; and
(b) if the ground for disciplinary action against
the registered professional engineer exists,
cancellation of the registered professional
engineer's registration would be appropriate
in the circumstances.
(3) A notice under subsection (1) (a show cause
notice) must--
(a) be served personally on the registered
professional engineer; and
(b) state that the Director proposes to make an
application to VCAT for an order cancelling
the registered professional engineer's
registration; and
(c) specify the ground for the proposed
application; and
(d) contain an outline of the facts and
circumstances forming the basis for the
ground for the proposed application; and
(e) state the time period within which the
registered professional engineer may respond
to the notice, that time period being not less
than 21 days from the date of service of the
notice (the show cause period); and
(f) state what steps need to be taken by the
registered professional engineer to respond
to the notice; and
(g) state the consequences for the registered
professional engineer of not responding to
the notice.
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(4) Despite subsection (3)(a), if, on the application
of the Director, it appears to VCAT that service
cannot be promptly effected on a registered
professional engineer, VCAT may order that the
notice be served--
(a) by sending it by post, facsimile or other
electronic transmission to the registered
professional engineer at the engineer's usual
or last known residential or business address;
or
(b) by leaving it at the registered professional
engineer's usual or last known residential
or business address with a person on the
premises who is apparently at least 16 years
old and apparently residing or employed
there.
57 Representations about show cause notice
(1) The registered professional engineer may--
(a) make written representations about the show
cause notice to the Director within the show
cause period; or
(b) make oral representations about the show
cause notice to the Director at the time
within the show cause period, and at the
place, agreed by the Director and the
registered professional engineer.
(2) The Director must keep a record of oral
representations made under subsection (1)(b).
58 Decision about whether to take disciplinary action
Within 28 days after the show cause period ends,
the Director must decide whether cancellation of
the registered professional engineer's registration
would be appropriate in the circumstances.
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59 Ending show cause process without further action
If the Director no longer believes cancellation
of the registered professional engineer's
registration would be appropriate in the
circumstances, the Director--
(a) must take no further action about the
show cause notice; and
(b) must revoke any suspension under
Division 3 of Part 6.2 of the Australian
Consumer Law and Fair Trading
Act 2012 that relates to the matter that is
the subject of the show cause notice; and
(c) must, as soon as practicable after making
its decision, give notice to the registered
professional engineer that no further action
will be taken about the show cause notice.
Division 3--VCAT may conduct
disciplinary proceedings
60 VCAT may conduct disciplinary proceeding
VCAT may, on application by the Director,
conduct a proceeding (a disciplinary proceeding)
to decide whether a disciplinary ground is
established.
61 Continuation of particular proceeding
If, after a disciplinary proceeding is started
against a person, the person ceases to be a
registered professional engineer, the proceeding
may continue under this Part.
62 Orders relating to registered professional engineer
(1) If VCAT decides that a disciplinary ground is
established in respect of a registered professional
engineer, VCAT may--
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engineers
(a) make one or more of the orders mentioned
in subsection (2), (3) or (4); or
(b) take no action against the registered
professional engineer.
(2) VCAT may order the registered professional
engineer to pay a penalty of not more than the
equivalent of 200 penalty units.
(3) VCAT may also make one or more of the
following orders--
(a) an order reprimanding the registered
professional engineer;
(b) an order imposing a condition on the
registered professional engineer's registration
including, but not limited to, to submit to an
audit of the engineer's practice of
engineering;
(c) an order varying a condition (other than
a prescribed condition) on the registered
professional engineer's registration;
(d) an order suspending or partially suspending
the registered professional engineer's
registration for a stated period;
(e) an order cancelling the registered
professional engineer's registration;
(f) an order disqualifying, indefinitely or for
a stated period, the registered professional
engineer from obtaining registration as a
registered professional engineer;
(g) an order directing the registered professional
engineer--
(i) to do a specified thing, including to
rectify or complete specified building
work; or
(ii) not to do a specified thing;
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(h) an order requiring the registered professional
engineer to successfully complete a specified
course of training within a specified period;
(i) an order requiring the registered
professional engineer to pay an amount
to the Director as compensation for all,
or a part of, the Director's reasonable costs
of any investigation about the matter the
subject of the proceeding, including the
costs of preparing for the proceeding.
(4) An order for payment of an amount under
subsection (2) or (3)(i) may direct that, if
the registered professional engineer does
not pay the amount within the period stated
in the order, the registered professional
engineer's registration be suspended until
the amount is paid.
(5) If the registered professional engineer does
not pay the amount within the stated period,
the registration is suspended until the earlier
of the following--
(a) the day the amount is paid;
(b) the day the registration expires.
(6) A suspension under subsection (5) takes effect
immediately after the end of the stated period.
63 Orders relating to former registered professional
engineer
(1) This section applies if VCAT decides that a
disciplinary ground is established against a
person who is not a registered professional
engineer at the time of the decision.
(2) VCAT may decide--
(a) to take no action against the person; or
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engineers
(b) to do one or more of the following--
(i) order the person to pay a stated penalty
of not more than the equivalent of
200 penalty units;
(ii) make an order reprimanding the person;
(iii) make an order disqualifying,
indefinitely or for a stated period,
the person from obtaining registration
as a registered professional engineer.
64 Consequences of suspension of registration
(1) While a person's registration as a professional
engineer, or an endorsement on that registration, is
suspended, the person is taken not to be registered
or endorsed (as the case may be) under this Act
either wholly or, if it is a partial suspension, in
relation to the matter specified in the suspension.
(2) A person whose registration as a professional
engineer or whose endorsement on that
registration is suspended may apply for a renewal
of that registration or endorsement (as the case
may be) during the period of suspension but the
renewed registration or endorsement remains
suspended, either wholly or as a partial suspension
(as the case requires), in accordance with the
terms of the suspension, until the registration or
endorsement is cancelled or the suspension ends
or is revoked.
65 Effect of particular orders
If VCAT makes an order to disqualify a person,
the Business Licensing Authority must not--
(a) if the disqualification is indefinite--
re-register the person; or
(b) if the disqualification is for a stated period--
re-register the person during the period
stated in the order.
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66 Recording details of orders
If VCAT makes an order about a person the order
may state--
(a) the period for which specified details of the
order are to be included in the Register for
the person; and
(b) the particular details of the order, if any, that
VCAT decides are not to be included in the
Register.
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Part 5--Offences
Part 5--Offences
67 Offence to provide professional engineering
services without registration
(1) A person must not provide professional
engineering services in a particular area
of engineering unless the person is--
(a) registered as a practising professional
engineer in that area; or
(b) providing the professional engineering
services under the direct supervision of a
person who is registered as a practising
professional engineer in that area.
Penalty: 500 penalty units.
(2) For the purposes of subsection (1), direct
supervision means that a person--
(a) directs another person in the carrying out
of professional engineering services; and
(b) oversees and evaluates the carrying out of
the services by the other person.
68 Offence to hold out to be registered or endorsed
without registration
(1) A person who is not registered as a practising
professional engineer in a particular area of
engineering must not represent that the person
is able to provide professional engineering
services in that area of engineering.
Penalty: 500 penalty units.
(2) A person who is not an endorsed building
engineer must not represent that the person
is an endorsed building engineer.
Penalty: 500 penalty units.
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(3) A person who is not registered as a non-practising
professional engineer must not represent that the
person is registered as a non-practising
professional engineer.
Penalty: 500 penalty units.
(4) A person who is not a registered professional
engineer must not use the title professional
engineer.
Penalty: 500 penalty units.
(5) A person does not commit an offence against
subsection (4) if the person holds an equivalent
registration under a law of the Commonwealth,
another State or a Territory or New Zealand.
69 Offence to provide false or misleading information
(1) A person must not give information to the
Business Licensing Authority, the Director, the
Victorian Building Authority, an inspector or
an assessment entity that the person knows or
believes to be false or misleading in a material
particular.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
(2) A person must not produce a document to an
inspector under this Act that the person knows
to be false or misleading in a material particular
without indicating the respect in which it is false
or misleading and, if practicable, providing
correct information.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
300 penalty units.
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Part 6--Enforcement
Division 1--Preliminary
70 Inspector must produce identity card
An inspector must produce the inspector's identity
card for inspection--
(a) before exercising a power under this Part,
other than a power exercised by way of post;
and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
Penalty: 12 penalty units.
Division 2--Inspection of documents and records
71 Documents to be available for inspection
(1) A registered professional engineer must, at all
reasonable times at each place at which the
registered professional engineer carries on the
business of providing professional engineering
services, keep all documents relating to the
engineer's practice as a registered professional
engineer available for inspection by an inspector
in a form in which they can readily be inspected.
(2) An inspector may by written notice require a
person to produce documents relating to the
person's practice as a registered professional
engineer.
(3) A notice under subsection (2) must state a time
for complying with the notice, being not less
than 14 days from the date of the notice.
72 Powers on production of documents
If any documents are produced to an inspector
under this Division, the inspector may do any
one or more of the following--
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(a) inspect the documents or authorise a person
to inspect the documents;
(b) make copies of, or take extracts from, the
documents;
(c) seize the documents if the inspector--
(i) considers the documents necessary for
the purpose of obtaining evidence for
use in any proceedings or proposed
proceedings under this Act; or
(ii) believes on reasonable grounds that it
is necessary to seize the documents in
order to prevent their concealment,
loss or destruction or their use in the
contravention of this Act;
(d) secure any seized documents against
interference;
(e) retain possession of the documents.
73 Where must documents be produced?
An inspector may require a person to produce a
document--
(a) at the person's place of business; or
(b) at the office of the Director; or
(c) with the consent of the person, at any other
place.
74 Third parties to produce documents and answer
questions relating to professional engineering
services
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
require any person who has possession, custody
or control of documents relating to the provision
of professional engineering services--
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(a) to answer, orally or in writing, any questions
put by the inspector relating to the provision
of professional engineering services; and
(b) to supply, orally or in writing, information
required by the inspector relating to the
provision of professional engineering
services; and
(c) to produce to the inspector specified
documents or documents of a specified
class relating to the provision of
professional engineering services.
(2) Subsection (1) does not permit a requirement to
be made of the Registrar of Titles.
75 Specified public bodies to answer questions and
supply information
(1) For the purpose of monitoring compliance
with this Act or the regulations, an inspector
may request that, within a time specified by
the inspector, a specified public body do either
or both of the following--
(a) answer, orally or in writing, any questions
put by the inspector relating to the provision
of professional engineering services;
(b) supply, orally or in writing, information
required by the inspector relating to the
provision of professional engineering
services.
(2) An inspector may only make a request under
subsection (1) with the written consent of the
Director.
(3) A specified public body other than the Chief
Commissioner must comply with a request
under subsection (1).
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(4) The Chief Commissioner must respond to a
request under subsection (1) and may, but is
not obliged to, comply with it.
(5) In this section--
public statutory authority means a body
established by or under an Act for a
public purpose;
specified public body means--
(a) a Department Head within
the meaning of the Public
Administration Act 2004; or
(b) a public statutory authority; or
(c) a municipal council; or
(d) the Chief Commissioner.
76 Certain other specified persons or bodies to answer
questions and supply information
(1) For the purpose of monitoring compliance with
this Act or the regulations, the Director or an
inspector may require a specified person or
body within a time specified by the Director
or inspector--
(a) to answer, orally or in writing, any questions
put by the inspector relating to the provision
of professional engineering services; and
(b) to supply, orally or in writing, information
required by the inspector relating to the
provision of professional engineering
services.
(2) An inspector can only make a requirement under
subsection (1) with the written consent of the
Director.
(3) A specified person or body must comply with a
requirement under subsection (1).
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(4) In this section, specified person or body means--
(a) a person who is a publisher of a publication;
or
(b) a person who is the owner or operator of a
broadcasting service; or
(c) a person who is the owner or operator of a
telecommunications service; or
(d) a person who is the owner or operator of a
postal service.
77 Specified persons to answer questions and supply
information
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with
the written approval of the Director, may apply
to the Magistrates' Court for an order requiring
any person at a time and place specified by the
inspector--
(a) to answer, orally or in writing, any questions
put by the inspector in relation to the
provision of professional engineering
services; or
(b) to supply, orally or in writing, information
required by the inspector in relation to the
provision of professional engineering
services.
(2) If the Magistrates' Court is satisfied on the basis
of evidence presented by the inspector that the
order is necessary for the purpose of monitoring
compliance with this Act or the regulations, the
Court may grant the order sought.
(3) An order under this section must state a date,
not later than 28 days after the making of the
order, on which the order ceases to have effect.
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(4) An inspector who executes an order under this
section must, as soon as practicable after that
execution, notify the Magistrates' Court in writing
of the time and place of execution of the order.
78 Service of documents
(1) A written requirement by an inspector under this
Division may be given personally or by registered
post to a person--
(a) at the last known place of business,
employment or residence of the person; or
(b) in the case of a body corporate, at the
registered office of the body corporate.
(2) A person who provides a document or
information in response to a requirement of
an inspector under this Division may send
that document or information to the Director
by registered post.
Division 3--Entry, search and seizure
79 Entry or search with consent
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with the
consent of the occupier of the premises, may--
(a) enter and search the premises; and
(b) examine and seize any thing found on the
premises which the inspector believes on
reasonable grounds to be connected with a
contravention of this Act or the regulations;
and
(c) inspect and make copies of, or take extracts
from, any document found on the premises;
and
(d) make any still or moving image, audio
recording or audio-visual recording.
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(2) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
inspector--
(a) has produced the inspector's identity card for
inspection; and
(b) has informed the occupier of the purpose of
the search and that--
(i) the occupier may refuse to give consent
to the entry and search or to the seizure
of any thing found during the search;
and
(ii) the occupier may refuse to consent to
the taking of any copy of, or extract
from, a document found on the
premises during the search; and
(iii) any thing seized or taken during
the search with the consent of the
occupier may be used in evidence
in proceedings.
(3) If an occupier consents to an entry and search,
the inspector who requested consent must,
before entering the premises, ask the occupier
to sign an acknowledgement stating the inspector
has complied with the requirements set out in
subsection (2).
(4) If an occupier consents to the seizure or taking of
any thing during a search under this section, the
inspector must, before seizing or taking the thing,
ask the occupier to sign an acknowledgement
stating--
(a) that the occupier has consented to the
seizure or taking of the thing; and
(b) the date and time that the occupier
consented.
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(5) An occupier who signs an acknowledgement must
be given a copy of the signed acknowledgement
before the inspector leaves the premises.
80 Entry without consent or warrant
(1) Subject to subsection (2), for the purpose of
monitoring compliance with this Act or the
regulations, an inspector may do all or any
of the following--
(a) enter and search, at any time during the
normal business hours of the business
being conducted at the premises--
(i) any premises at which a business
is being conducted that provides
professional engineering services; and
(ii) any premises, at which the inspector
reasonably believes there are records
or documents, or a person working at
the premises who knows information,
relevant to the conduct of a business
referred to in subparagraph (i);
(b) seize or secure against interference
any thing that the inspector believes
on reasonable grounds to be connected
with a contravention of this Act or the
regulations that is found in or on premises
referred to in paragraph (a);
(c) inspect and make copies of, or take extracts
from, any document kept in or on, or
accessible from, premises referred to in
paragraph (a);
(d) require a person to produce a document or
part of a document located at the premises
referred to in paragraph (a);
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(e) require a person at the premises referred to
in paragraph (a) to answer any questions put
by the inspector;
(f) make any still or moving image, audio
recording or audio-visual recording at or
of premises referred to in paragraph (a);
(g) bring any equipment onto the premises
that the inspector believes on reasonable
grounds is necessary for the examination or
processing of things (including documents)
found at the premises in order to determine
whether they are things that may be seized
under this section.
(2) An inspector may enter and search premises under
subsection (1) with the assistance of any person
necessary to provide technical assistance to the
inspector.
(3) A person must not, without reasonable excuse,
refuse or fail to comply with a requirement under
subsection (1).
Penalty: In the case of a natural person,
150 penalty units;
In the case of a body corporate,
750 penalty units.
(4) For the purposes of subsection (1), premises
excludes any part of a place of business referred
to in subsection (1)(a)(i) which is the permanent
place of residence of a person.
81 Use or seizure of electronic equipment at premises
(1) If an inspector, during a search under section 80--
(a) finds a thing at the premises that is or
includes a disc, tape or other device for
the storage of information; and
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(b) there is at the premises equipment that may
be used with the disc, tape or other storage
device; and
(c) the inspector believes on reasonable grounds
that information stored in the disc, tape or
other storage device may be relevant to
determine whether this Act or the regulations
have been complied with--
the inspector may operate, or may require the
occupier of the premises or an employee of the
occupier to operate, the equipment to access the
information.
(2) If the inspector believes on reasonable grounds
that a disc, tape or other storage device at the
premises contains, stores or is otherwise used in
the transmission of information that is relevant to
determine whether this Act or the regulations have
been complied with, the inspector may--
(a) put the information in a documentary form
and seize the documents so produced; or
(b) copy the information to another disc, tape or
other storage device and remove that disc,
tape or storage device from the premises; or
(c) if it is not practicable to put the information
in a documentary form or to copy the
information, seize the disc, tape or other
storage device and the equipment that
enables the information to be accessed.
(3) An inspector must not operate or seize equipment
for a purpose set out in this section unless the
inspector believes on reasonable grounds that the
operation can be carried out without damage to
the equipment.
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82 Search warrants
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the inspector believes on reasonable
grounds that--
(a) there is, or may be within the next 72 hours,
on the premises evidence that a person may
have contravened this Act or the regulations;
or
(b) there is evidence in a digital or electronic
form that a person may have contravened
this Act or the regulations which is
accessible on the premises.
(2) An application under subsection (1) must not be
made without the written approval of the Director.
(3) If a magistrate is satisfied by evidence, on oath
or by affidavit, that there are reasonable grounds
to believe that--
(a) there is, or may be within the next
72 hours, on the premises a thing, or
a thing of a particular kind, connected
with a contravention of this Act or the
regulations; or
(b) there is information in digital or electronic
format connected with a contravention of
this Act or the regulations that is accessible
from the premises--
the magistrate may issue the search warrant in
accordance with the Magistrates' Court
Act 1989.
83 Form and content of search warrants
(1) A search warrant issued under section 82(3) may
authorise the inspector named in the warrant
together with a police officer or any other person
or persons named or otherwise identified in the
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warrant and with any necessary equipment to do
any of the following--
(a) to enter the premises specified in the
warrant, by force if necessary;
(b) if the inspector believes on reasonable
grounds that a thing, or thing of a particular
kind, named or described in the warrant is
connected with a contravention of this Act
or the regulations--
(i) to search for the thing; and
(ii) to seize the thing; and
(iii) to secure the thing against interference;
and
(iv) to examine and inspect the thing; and
(v) to make copies of, or take extracts
from, the thing;
(c) to make an image of the hard drive of a
computer, or a computer of a particular kind,
named or described in the warrant, if the
inspector believes on reasonable grounds that
information contained on the hard drive is
connected with the alleged contravention;
(d) in the case of information in electronic or
digital format described in the warrant that is
accessible from the premises, if the inspector
believes on reasonable grounds that the
information is connected with the alleged
contravention--
(i) to access the information via any
computer or other electronic device
located on the premises; and
(ii) to download or make an electronic
copy of that information; and
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(iii) to make or produce a physical copy of
that information;
(e) to make any still or moving image, audio
recording or audio-visual recording of any
thing of a particular kind named or described
in the warrant, if the inspector believes on
reasonable grounds that it is connected with
the alleged contravention.
(2) A search warrant issued under section 82(3) must
state--
(a) the purpose for which the search is required;
and
(b) any condition to which the warrant is
subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
specified hours of the day or night; and
(d) a day, not later than 28 days after the issue
of the warrant, on which the warrant ceases
to have effect.
(3) Except as provided by this Act, the rules to be
observed with respect to search warrants under
the Magistrates' Court Act 1989 extend and
apply to warrants issued under section 82(3).
84 Warrant may authorise the giving of a direction
requiring assistance from person with knowledge
of a computer or other electronic device
(1) This section applies if a magistrate is satisfied
by evidence, on oath or by affidavit, that there
are reasonable grounds to believe that there
is information in digital or electronic format
connected with a contravention of this Act or
the regulations that is accessible from particular
premises.
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(2) Subject to subsection (3), a warrant issued by the
magistrate under section 82(3) may authorise the
inspector named in the warrant to require a person
to provide any information or assistance that is
reasonable and necessary to allow the inspector or
another person to do one or more of the following
things--
(a) to access information held in, or accessible
from, any computer or other electronic
device located on the premises;
(b) to download or make an electronic copy of
that information;
(c) to make or produce a physical copy of that
information.
(3) The inspector may require a person to provide
the information or assistance referred to in
subsection (2) if the person--
(a) is one of the following--
(i) the person alleged to have contravened
this Act or the regulations;
(ii) the owner or lessee of the computer or
other electronic device;
(iii) an employee of the owner or lessee of
the computer or electronic device;
(iv) a person engaged under a contract for
services by the owner or lessee of the
computer or electronic device; and
(b) has relevant knowledge of--
(i) the computer or electronic device or
a computer network of which the
computer or device forms or formed
part; or
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(ii) measures applied to protect
information held in, or accessible
from, the computer or electronic
device.
85 Announcement before entry
(1) On executing a search warrant issued under
section 82(3), the inspector named in the
warrant--
(a) must announce that the inspector is
authorised by the warrant to enter the
premises; and
(b) if the inspector has been unable to obtain
unforced entry, must give any person at the
premises an opportunity to allow entry to
the premises.
(2) An inspector is not required to comply with
subsection (1) if the inspector believes on
reasonable grounds that immediate entry to
the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
(3) If the occupier is present at premises where a
search warrant is being executed, the inspector
must--
(a) produce the inspector's identity card to the
occupier; and
(b) give to the occupier a copy of the warrant.
(4) If the occupier is not present at premises where a
search warrant is being executed, the inspector
must--
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(a) produce the inspector's identity card to a
person (if any) at the premises; and
(b) give to the person a copy of the warrant.
86 Seizure of things not mentioned in the warrant
A search warrant issued under section 82(3)
authorises an inspector executing the search
warrant, in addition to the seizure of any thing
of the kind described in the warrant, to seize any
thing which is not of the kind described in the
warrant if--
(a) the inspector believes, on reasonable
grounds, that the thing--
(i) is of a kind which could have been
included in a search warrant issued
under this Division; or
(ii) is evidence of a contravention of this
Act or the regulations; and
(b) in the case of seizure, the inspector believes,
on reasonable grounds, that it is necessary
to seize that thing in order to prevent its
concealment, loss or destruction or its use
in the contravention of this Act or the
regulations.
87 Embargo notice
(1) An inspector executing a search warrant who
is authorised by that warrant to seize any thing
may, if the thing cannot, or cannot readily, be
physically seized and removed, issue a notice
in the prescribed form--
(a) by causing a copy of the notice to be served
on the occupier; or
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(b) if the occupier cannot be located after all
reasonable steps have been taken to do so,
by attaching a copy of the notice to the thing
in a prominent position.
(2) Subject to subsection (3), a person who knows
that a notice relates to a thing must not, without
the written consent of the inspector who issued
the notice, sell, lease, transfer, move, dispose of
or otherwise deal with the thing or any part of
the thing.
Penalty: 60 penalty units.
(3) Subsection (2) does not apply to a person who
moved the thing or the part of the thing for the
purpose of protecting and preserving it.
(4) Despite anything in any other Act, a sale,
lease, transfer or other dealing with a thing
in contravention of this section is void.
88 Inspector may monitor compliance with embargo
notice
(1) For the purpose of monitoring compliance with
an embargo notice, an inspector, with the written
approval of the Director, may apply to the
Magistrates' Court for--
(a) an order requiring the owner of the thing
to which an embargo notice relates, or the
occupier of the premises where the thing is
kept or required under the notice to be kept,
to answer questions or produce documents at
a time and place specified by the inspector;
and
(b) any other order incidental to, or necessary
for, monitoring compliance with the
embargo notice or with section 87(2).
(2) The Magistrates' Court may make the order sought
under subsection (1)(a) or (b).
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89 Search warrants in relation to embargo notice
(1) If a thing is subject to an embargo notice,
an inspector, with the written approval of
the Director, may apply to a magistrate for
the issue of a search warrant permitting
entry to the premises where the thing is
kept or required to be kept for the purposes
of monitoring compliance with an embargo
notice.
(2) The magistrate may issue the search warrant
in accordance with the Magistrates' Court
Act 1989 if the magistrate is satisfied by evidence,
on oath or by affidavit, of the inspector that the
warrant is necessary for the effective monitoring
of compliance with an embargo notice.
(3) A search warrant issued under subsection (2) may
authorise the inspector, together with any other
person or persons named or otherwise identified in
the warrant and with any necessary equipment--
(a) to enter the premises specified in the
warrant, by force if necessary; and
(b) to search for, seize and secure against
interference the thing named in the warrant.
(4) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
search warrants issued under subsection (2).
90 Retention and return of seized documents or things
(1) If an inspector retains possession of a document
seized from a person under this Division, the
inspector must, within 21 days after the seizure,
give the person a copy of the document certified
as correct by the inspector.
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(2) A copy of a document certified under
subsection (1) must be received in all courts,
tribunals and VCAT to be evidence of equal
validity to the original.
(3) If an inspector seizes a document or other
thing under this Division, the inspector must
take reasonable steps to return the document or
thing to the person from whom it was seized if
the reason for its seizure no longer exists.
(4) If a document or thing seized by an inspector
under this Division has not been returned within
3 months after it was seized, the inspector must
take reasonable steps to return it unless--
(a) proceedings for the purpose for which
the document or thing was retained have
commenced within that 3-month period
and those proceedings (including any
appeal) have not been completed; or
(b) the Magistrates' Court makes an order
under section 91 extending the period
during which the document or thing
may be retained.
91 Magistrates' Court may extend 3-month period
(1) An inspector may apply to the Magistrates' Court
for an extension (not exceeding 3 months) of the
period during which a seized document or thing
may be retained--
(a) within 3 months after the document or thing
is seized under this Division; or
(b) if an extension has been granted under this
section, before the end of the period of the
extension.
(2) The Magistrates' Court may make an order
extending the period if it is satisfied that the total
period of retention does not exceed 12 months
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and retention of the document or other thing is
necessary--
(a) for the purposes of an investigation into
whether a contravention of this Act or the
regulations has occurred; or
(b) to enable evidence of a contravention of this
Act or the regulations to be obtained for the
purposes of a proceeding under this Act.
(3) The Magistrates' Court may adjourn an
application to enable notice of the application
to be given to any person.
92 Requirement to assist inspector during entry
(1) An inspector exercising a power of entry under
this Division may require the occupier of the
premises or an agent or employee of the occupier
to do any one or more of the following--
(a) give information to the inspector, orally or
in writing;
(b) produce documents to the inspector;
(c) give reasonable assistance to the inspector.
(2) A person must not, without reasonable excuse,
fail to comply with a requirement of an inspector
under this section.
Penalty: 60 penalty units.
93 Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information, or do any other
thing that the person is required to do, under this
Part if the giving of the information or the doing
of the thing would tend to incriminate the person.
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(2) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required
to produce under this Part if the production of
the document would tend to incriminate the
person.
(3) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
provide information or assistance that a person
is required under section 84 to provide, if the
provision of the information or assistance would
tend to incriminate the person.
94 Refusal or failure to comply with requirement
A person must not, without reasonable excuse,
refuse or fail to comply with a requirement of
an inspector or the Director under this Part.
Penalty: 60 penalty units.
95 Confidentiality
(1) An inspector must not, except to the extent
necessary to carry out the inspector's functions
under this Part, give to any other person, whether
directly or indirectly, any information acquired by
the inspector in carrying out those functions.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply to the giving of
information--
(a) to a court or tribunal in the course of legal
proceedings; or
(b) under an order of a court or tribunal; or
(c) to the extent reasonably required to enable
the investigation or the enforcement of a
law of this State or of any other State or
of a Territory or of the Commonwealth; or
(d) to the Business Licensing Authority; or
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(e) to the Director; or
(f) to the Victorian Building Authority; or
(g) with the written authority of the Director; or
(h) with the written authority of the person to
whom the information relates.
96 Infringements
(1) An inspector may serve an infringement notice on
any person that the inspector has reason to believe
has committed a prescribed offence against this
Act or the regulations.
(2) A prescribed offence is an infringement offence
within the meaning of the Infringements
Act 2006.
(3) The infringement penalty for an offence referred
to in subsection (1) is the prescribed penalty in
respect of the offence.
97 Complaints
(1) A person may complain to the Director about the
exercise of a power by an inspector under this
Part.
(2) The Director must investigate any complaint
received under this section and provide a written
report on the results of the investigation to the
complainant.
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Part 7--General
98 Application of Australian Consumer Law and Fair
Trading Act 2012
(1) Sections 125, 126, 152, 172, 173, 176 and 178
of the Australian Consumer Law and Fair
Trading Act 2012 apply (with any necessary
modifications) in relation to the exercise or
attempted exercise of a power of an inspector
under Part 6 of this Act as if any reference in
those sections to Part 6.4 of that Act were a
reference to Part 6 of this Act.
(2) Sections 195 and 196 and Part 8.2 (except
section 213) of the Australian Consumer Law
and Fair Trading Act 2012 extend and apply
(with any necessary modifications) to this Act
and any regulations made under this Act as if any
reference in those provisions to the Australian
Consumer Law and Fair Trading Act 2012
were a reference to this Act and any regulations
made under this Act.
(3) For the purposes of subsection (2)--
(a) section 210 of the Australian Consumer
Law and Fair Trading Act 2012 applies
as if a reference in that section to Part 3.1,
4.1 or 6.3 of the Australian Consumer
Law and Fair Trading Act 2012 were a
reference to this Act and any regulations
made under this Act; and
(b) section 212 of the Australian Consumer
Law and Fair Trading Act 2012 applies
as if a reference to prescribed proceedings
were a reference to--
(i) a proceeding for an offence against a
provision of this Act or any regulations
made under this Act; or
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(ii) proceedings on an application for
an injunction under section 201, 202,
or 203 of the Australian Consumer
Law and Fair Trading Act 2012
(as applied by subsection (2)) against a
person alleged to have contravened a
provision of this Act or any regulations
made under this Act; or
(iii) proceedings on an application for
an order under section 216, or for
damages under section 217, of the
Australian Consumer Law and
Fair Trading Act 2012 (as applied
by subsection (2)).
99 Who may commence proceedings?
(1) Proceedings for an offence against this Act or
the regulations may only be commenced by--
(a) the Director; or
(b) a person authorised by the Director for the
purposes of this section.
(2) In any proceeding commenced for an offence
against this Act it must be presumed, in the
absence of evidence to the contrary, that the
person commencing the proceeding was
authorised to do so.
100 Service of documents
A document required to be served on a registered
professional engineer under this Act or the
regulations (other than a written requirement
served by an inspector under section 78) may
be served--
(a) by giving it personally to the engineer; or
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(b) by sending it by registered post to the
engineer's last known--
(i) address, as stated on the Register of
Professional Engineers; or
(ii) principal place of business; or
(c) by leaving it at the registered professional
engineer's usual or last known residence
or business address with a person on the
premises who is apparently at least 16 years
old and apparently residing or employed
there; or
(d) in any other prescribed manner.
101 Extension of time for prosecutions
Despite anything to the contrary in any Act, a
proceeding for an offence against this Act may
be commenced within the later of--
(a) 3 years after the date on which the offence
is alleged to have been committed; or
(b) 2 years after the date on which the Director
is first made aware that the offence is alleged
to have been committed, but not more than
10 years after the date on which the offence
is alleged to have been committed.
102 Review of operation of Act
(1) The Minister must cause a review of the operation
of this Act to be conducted.
(2) The review must be conducted in the fourth year
of the operation of this Act and be a review of the
first 3 years of operation of the Act.
(3) On completing the review, the Minister must
cause a report of the review to be tabled before
each House of the Parliament.
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103 Regulations
(1) The Governor in Council may make regulations
for or with respect to the following--
(a) matters relating to assessment schemes,
qualifications and competencies;
(b) requirements in relation to the continuing
professional development of registered
professional engineers;
(c) prescribing conditions on registration or
endorsement of registration;
(d) prescribing infringement offences and
infringement penalties for the purposes
of section 96;
(e) prescribing penalties for contraventions of
the regulations, not exceeding--
(i) 20 penalty units in the case of a natural
person; and
(ii) 100 penalty units in the case of a
corporation;
(f) any other matter or thing required or
permitted by this Act to be prescribed or
necessary to be prescribed to give effect
to this Act.
(2) The regulations--
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances; and
(c) may apply, adopt or incorporate any matter
contained in any document, whether wholly
or partially or as amended by the regulations
or as in force at a particular time or as in
force from time to time; and
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(d) may confer a discretionary authority or
impose a duty on specified persons or bodies
or specified classes of persons or bodies; and
(e) may provide in specified cases or classes of
cases for the exemption of persons or things
or classes of persons or things from any of
the provisions of this Act or the regulations,
whether unconditionally or on specified
conditions and either wholly or to such an
extent as is specified.
(3) Regulations with respect to fees or refunds of
fees--
(a) may provide for different fees for different
classes of--
(i) application for registration or
endorsement; and
(ii) application for a renewal of registration
or endorsement; and
(iii) registration or endorsement; and
(b) may provide for fees that vary according
to the period of time for which a registration
or endorsement is granted or renewed; and
(c) may provide for the means of payment of
fees or refunds.
104 Transitional regulations
(1) The Governor in Council may make regulations
containing provisions of a savings or transitional
nature consequent on the enactment of this Act.
(2) A provision mentioned in subsection (1) may be
retrospective in operation to the commencement
of this Act.
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(3) Regulations made under this section have effect
despite anything to the contrary in any Act
(other than this Act or the Charter of Human
Rights and Responsibilities) or in any subordinate
instrument.
(4) This section expires on 1 July 2023.
105 Certain provisions of the Subordinate Legislation
Act 1994 not to apply
Sections 6 and 7 of the Subordinate Legislation
Act 1994 do not apply to regulations made under
section 104.
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Part 8--Savings, consequential and transitional provisions
Part 8--Savings, consequential and
transitional provisions
Division 1--Transitional provisions
106 Definitions
In this Part--
building practitioner has the same meaning as
it had in the Building Act 1993 immediately
before the commencement of Division 3;
commencement day means the day on which
Part 2 comes into operation.
107 Certain building practitioners deemed to be
endorsed building engineers until registration
expires
(1) A natural person who was registered as a building
practitioner under the Building Act 1993 in a
class of registration in the category of engineer
on that day--
(a) is taken to be an endorsed building engineer
until the person's registration under the
Building Act 1993 expires; and
(b) is subject to any code of conduct,
disciplinary action, proceedings or other
matters that applied to the registration
under the Building Act 1993 immediately
before the commencement day; and
(c) is taken to have the required qualifications
and experience for an endorsed building
engineer for a period of 5 years,
commencing on the commencement day.
(2) The following provisions of this Act apply to
a deemed registration and endorsement under
subsection (1) in the same way as they apply to
a registration or endorsement under this Act--
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(a) section 18;
(b) section 22.
Division 2--Amendments to the Business
Licensing Authority Act 1998
108 Definitions
In section 3 of the Business Licensing Authority
Act 1998, in the definition of business licensing
Act, after paragraph (ab) insert--
"(ac) the Professional Engineers Registration
Act 2019; or".
109 Constitution of Authority
After section 5(1)(a) of the Business Licensing
Authority Act 1998 insert--
"(b) at least one person appointed by the
Governor in Council who has qualifications
and experience in the field of engineering;
and".
110 Functions of Authority
In section 6(a) of the Business Licensing
Authority Act 1998, before subparagraph (ii)
insert--
"(i) the Professional Engineers Registration
Act 2019;".
111 Consultants
After section 8(2) of the Business Licensing
Authority Act 1998 insert--
"(3) The Business Licensing Authority may
engage the Chief Engineer of the Office
of Projects Victoria under this section to
provide advice in relation to the Business
Licensing Authority's functions and duties
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under the Professional Engineers
Registration Act 2019.".
Division 3--Amendments to the Building Act 1993
112 Definitions
In section 3(1) of the Building Act 1993--
(a) in the definition of building practitioner--
(i) paragraph (d) is repealed;
(ii) after paragraph (j) insert--
"(k) an endorsed building engineer;";
(b) insert the following definitions--
"endorsed building engineer has the same
meaning as it has in the Professional
Engineers Registration Act 2019;
professional engineering service has
the same meaning as it has in the
Professional Engineers Registration
Act 2019;".
113 Offences relating to carrying out building work
(1) In section 16(4) of the Building Act 1993, after
"building practitioner" insert ", an endorsed
building engineer".
(2) In section 16(5) of the Building Act 1993, after
"building practitioner" insert ", endorsed building
engineer".
114 Specification of builders in relation to specific
building work
(1) In section 24B(2) of the Building Act 1993--
(a) in paragraph (c), for "1991." substitute
"1991; or";
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(b) after paragraph (c) insert--
"(d) an endorsed building engineer.".
(2) In section 24B(3) of the Building Act 1993--
(a) in paragraph (c), for "1991." substitute
"1991; or";
(b) after paragraph (c) insert--
"(d) an endorsed building engineer.".
115 Notice of ending of engagement of builder
In section 25A(1) of the Building Act 1993,
after "building practitioner" insert ", an endorsed
building engineer".
116 Notice to relevant building surveyor of subsequent
engagement of builder
(1) In section 25AB(1)(b) of the Building Act 1993,
after "building practitioner" insert ", an endorsed
building engineer".
(2) In section 25AB(3)(a) of the Building Act 1993,
after "building practitioner's registration number"
insert ", the name of the endorsed building
engineer and the endorsed building engineer's
number".
117 Suspension of building permit
After section 25AE(1)(b) of the Building
Act 1993 insert--
"(ba) if the builder named in the building permit is
an endorsed building engineer--
(i) the endorsed building engineer's
registration as a professional engineer
is suspended or cancelled under the
Professional Engineers Registration
Act 2019; or
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(ii) the endorsed building engineer's
endorsement to act as a registered
professional engineer who is authorised
to engage in the building industry
is suspended or cancelled under the
Professional Engineers Registration
Act 2019; or".
118 Immunity for Commissioners and staff
In section 127(1)(a) and (b) of the Building
Act 1993, after "the regulations" insert "or the
Professional Engineers Registration Act 2019
or regulations made under that Act".
119 Immunity for building surveyor relying on
certificate
In section 128 of the Building Act 1993, after
"building practitioner" insert "or endorsed
building engineer".
120 Order requiring insurance
(1) In section 135(1)(a) of the Building Act 1993,
after "category of building practitioners" insert
"or any persons in a specified category or class
of engineers engaged in the building industry".
(2) In section 135(7)(g) of the Building Act 1993,
after "practitioner" insert "or an engineer engaged
in the building industry".
121 Offence to work as building practitioner without
required insurance
(1) Insert the following heading to section 136 of
the Building Act 1993--
"Offence to work as building practitioner
or engineer without required insurance".
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(2) After section 136(3) of the Building Act 1993
insert--
"(4) A person must not practise as an engineer
engaged in the building industry unless the
person is covered by the required insurance.
Penalty: 500 penalty units, in the case of a
natural person;
2500 penalty units, in the case of a
body corporate.".
122 Offence to claim to be insured when uninsured
In section 137 of the Building Act 1993, after
"practitioner" insert "or engineer engaged in the
building industry,".
123 Offence for owner-builder to sell building without
report or insurance
(1) After section 137B(1)(a)(ii) of the Building
Act 1993 insert--
"(iii) an endorsed building engineer; or".
(2) In section 137B(7) of the Building Act 1993,
in the definition of prescribed building
practitioner--
(a) in paragraph (b), for ", building inspector
or an engineer" substitute "or a building
inspector";
(b) after paragraph (b) insert--
"(ba) an endorsed building engineer; or".
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124 New section 169K inserted
After section 169J of the Building Act 1993
insert--
"169K Offences for unregistered engineers
(1) An engineer engaged in the building
industry must not act as a prescribed building
practitioner under section 137B unless the
engineer is an endorsed building engineer.
Penalty: 500 penalty units.
(2) An engineer engaged in the building industry
must not give a certificate under section 238
unless the engineer is an endorsed building
engineer.
Penalty: 500 penalty units.".
125 Registered building practitioner to produce
certificate of registration for inspection
(1) In the heading to section 176A of the
Building Act 1993, after "practitioner"
insert "or endorsed building engineer".
(2) In section 176A of the Building Act 1993,
after "A registered building practitioner" insert
"or endorsed building engineer".
(3) At the end of section 176A of the Building
Act 1993 insert--
"(2) In this section--
certificate of registration includes a
certificate of registration issued to an
endorsed building engineer under the
Professional Engineers Registration
Act 2019.".
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126 New section 177E inserted
In Subdivision 1 of Division 3 of Part 11 of the
Building Act 1993, before section 178 insert--
"177E Application of Division to endorsed
building engineers
This Division applies (with any necessary
modifications) to an endorsed building
engineer--
(a) as if a reference to a registered building
practitioner were a reference to an
endorsed building engineer; and
(b) as if a reference to the registration of a
registered building practitioner were a
reference to the endorsement of the
registration (within the meaning of the
Professional Engineers Registration
Act 2019) of an endorsed building
engineer; and
(c) as if a reference to practising as a
building practitioner were a reference
to practising as an engineer engaged
in the building industry.".
127 Grounds for disciplinary action
In section 179(1)(a) of the Building Act 1993--
(a) in subparagraph (iii), for "provision of
a prescribed Act or law;" substitute
"provision of a prescribed Act or law; or";
(b) after subparagraph (iii) insert--
"(iv) the Professional Engineers
Registration Act 2019 or the
regulations under that Act;".
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128 New section 184A inserted
After section 184 of the Building Act 1993
insert--
"184A Application of Division to endorsed
building engineers
This Division applies (with any necessary
modifications) to an endorsed building
engineer as if a reference to a reviewable
decision were a reference to any of the
following decisions under this Act--
(a) a decision to impose conditions
(other than prescribed conditions)
on the endorsement of the
registration (within the meaning
of the Professional Engineers
Registration Act 2019) of an
endorsed building engineer;
(b) a decision to immediately suspend
the endorsement of the registration
(within the meaning of the
Professional Engineers Registration
Act 2019) of an endorsed building
engineer;
(c) a decision by the Authority to take
disciplinary action;
(d) another decision prescribed by the
regulations as being a decision for
which a person may apply for internal
review or review by VCAT under this
Division.".
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129 Grounds on which disciplinary action may be taken
After section 221ZZZG(1)(b) of the Building
Act 1993 insert--
"(ba) the person has contravened the Professional
Engineers Registration Act 2019 or the
regulations under that Act;".
130 Building surveyor may rely on certificate by other
registered building practitioner
(1) Insert the following heading to section 238 of
the Building Act 1993--
"Building surveyor may rely on certificate
by other registered building practitioner or
endorsed building engineer".
(2) In section 238(1) of the Building Act 1993, after
"practitioners" insert "or an endorsed building
engineer".
(3) In section 238(2) of the Building Act 1993--
(a) for "practitioner must" substitute
"practitioner or an endorsed building
engineer must"; and
(b) for "practitioner has" substitute
"practitioner or endorsed building
engineer (as the case may be) has".
Division 4--Amendments to the Domestic
Building Contracts Act 1995
131 Building work to which this Act does not apply
In section 6(1)(e) of the Domestic Building
Contracts Act 1995, for "an engineer or
draftsperson" substitute "a draftsperson
or an endorsed building engineer within
the meaning of the Professional Engineers
Registration Act 2019".
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132 What is a domestic building work dispute?
After section 44(1)(b) of the Domestic Building
Contracts Act 1995 insert--
"(ba) an engineer engaged in the building industry;
or".
133 Who may be appointed as an assessor?
After section 48(1)(b) of the Domestic Building
Contracts Act 1995 insert--
"(ba) an endorsed building engineer within the
meaning of the Professional Engineers
Registration Act 2019;".
134 What is a domestic building dispute?
(1) In section 54(1)(a) of the Domestic Building
Contracts Act 1995--
(a) in subparagraph (iv), for "architect--"
substitute "architect; or";
(b) after subparagraph (iv) insert--
"(v) an engineer engaged in the building
industry--".
(2) In section 54(1)(b) of the Domestic Building
Contracts Act 1995--
(a) in subparagraph (iv), for "insurer--"
substitute "insurer; or";
(b) after subparagraph (iv) insert--
"(v) an engineer engaged in the building
industry--".
(3) In section 54(1)(c) of the Domestic Building
Contracts Act 1995--
(a) in subparagraph (ii), for "as an engineer
or draftsperson--" substitute "as a
draftsperson; or";
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(b) after subparagraph (ii) insert--
"(iii) an endorsed building engineer within
the meaning of the Professional
Engineers Registration Act 2019--";
(c) after "the architect" insert ", endorsed
building engineer".
Division 5--Amendments to the Australian
Consumer Law and Fair Trading Act 2012
135 Definitions
In section 3(1) of the Australian Consumer Law
and Fair Trading Act 2012--
(a) in paragraph (e) of the definition of licence,
for "1989;" substitute "1989; or";
(b) after paragraph (e) of the definition of
licence, insert--
"(f) a registration as a professional engineer
under the Professional Engineers
Registration Act 2019;".
136 Effect of suspension
After section 121(7) of the Australian Consumer
Law and Fair Trading Act 2012 insert--
"(8) If a notice is issued under this Division
suspending a professional engineer's
registration under the Professional
Engineers Registration Act 2019--
(a) the registration is taken, for the
purposes of that Act, to be suspended
during the licence suspension period;
and
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(b) in the case of a suspended registration,
the engineer is prohibited from
providing professional engineering
services in an area of engineering
(other than under the direct supervision
of a registered professional engineer)
during the licence suspension period.".
137 Schedule 1 to the Australian Consumer Law and
Fair Trading Act 2012
In Schedule 1 to the Australian Consumer
Law and Fair Trading Act 2012, after
"Domestic Building Contracts Act 1995",
insert--
"Professional Engineers Registration
Act 2019".
Division 6--Repeal of amending Divisions
138 Repeal of amending Divisions
This Division and Divisions 2, 3, 4 and 5 are
repealed on 1 July 2022.
Note
The repeal of these Divisions does not affect the continuing
operation of the amendments made by those Divisions
(see section 15(1) of the Interpretation of Legislation
Act 1984).
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to establish a
scheme for the registration of professional engineers to promote best
practice in providing professional engineering services, to provide for the
endorsement of registration, to provide protection to consumers of
professional engineering services and to make consequential amendments
to other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
88
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