Architects Regulations 1997

Architects Regulations 1997

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the Board of Architects of Tasmania, make the following regulations under the Architects Act 1929 .

16 December 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

D. SWAN

Minister for Local Government

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Architects Regulations 1997 .

2.   Commencement

These regulations take effect on 31 December 1997.

3.   Interpretation

In these regulations –

Act means the Architects Act 1929 ;

chairperson means the chairperson of the Board;

council means the council of the Institute;

election means an election referred to in regulation 4 or regulation 5 ;

election day means the day appointed for an election under regulation 4 or regulation 5 ;

nominee means a person nominated for an election under regulation 7 ;

practice examination means the architectural practice examination set by the Architects Accreditation Board of Australia;

secretary means the secretary to the council.

PART 2 - Elections

4.   Election of Board members

An election for the purpose of section 4(1)(c) of the Act is to be held –

(a) on a day appointed by the council; and

(b) within one month before the end of the term for which a member of the Board has been elected; and

(c) in accordance with these regulations.

5.   Filling of vacancy

An election for the purpose of section 4(5) of the Act is to be held –

(a) on a day appointed by the council; and

(b) in accordance with these regulations.

6.   Notice of election

The secretary, at least 14 days before election day, is to deliver or send to each member of the council –

(a) a notice in accordance with Form 1 ; and

(b) a nomination paper in accordance with Form 2 .

7.   Nominations

(1)  Any member of the council may nominate up to 2 practising architects for election to the Board by –

(a) completing a nomination paper; and

(b) delivering or sending it to the secretary.

(2)  The secretary is to refuse to accept any nomination paper that –

(a) is received less than 10 days before election day; or

(b) does not contain the written consent of any nominee.

8.   Meeting to deal with nominations

The council is to hold a meeting to deal with nominations.

9.   Declaration by council

(1)  If the number of nominees for an election is equal to the number of vacancies, the council, at the meeting held under regulation 8 , is to declare by resolution that the nominees are elected.

(2)  The council is to publish in the Gazette a notice of the making of a declaration under this regulation.

10.   Appointment by council

(1)  The council, at the meeting held under regulation 8 , is to appoint the required number of persons if –

(a) the number of nominees is not sufficient for the number of vacancies; or

(b) the number of persons elected to fill a vacancy or vacancies is not sufficient for the number of vacancies.

(2)  The council is to publish in the Gazette a notice of the making of an appointment under this regulation.

11.   Election

An election is to be held if the number of nominees is greater than the number of vacancies.

12.   Ballot-paper

(1)  Within 7 days before election day, the secretary is to deliver or send to every member of the council –

(a) a ballot-paper; and

(b) an envelope for the return of the ballot-paper.

(2)  A ballot-paper is to be –

(a) in accordance with Form 3 ; and

(b) signed by the –

(i) President of the Institute; or

(ii) secretary.

13.   Voting

A member of the council may vote at an election by –

(a) striking out the names of all but 2 nominees on the ballot-paper; and

(b) placing the ballot-paper in the envelope provided; and

(c) delivering or sending the ballot-paper to the secretary.

14.   Close of ballot

(1)  The ballot for any election closes at 4 pm on election day.

(2)  The secretary is to reject any ballot-paper received after that time.

15.   Security of ballot

On receipt of the ballot-papers, the secretary is to –

(a) place them unopened in a box; and

(b) secure the box with a lock.

16.   Counting of votes

(1)  As soon as practicable after the close of the ballot, the council is to –

(a) notify the nominees that a meeting is to be held for the purpose of counting votes; and

(b) appoint a returning officer; and

(c) hold a meeting.

(2)  At the meeting held under subregulation (1) , the returning officer is to –

(a) open the locked box containing the ballot-papers; and

(b) take the ballot-papers out of the envelopes; and

(c) examine the ballot-papers; and

(d) count the votes, rejecting those that are informal.

17.   Informal ballot-paper

A ballot-paper is informal if –

(a) it is not signed as specified in regulation 12(2)(b) ; or

(b) it has no vote indicated on it; or

(c) a greater or lesser number than 2 names is left on the ballot-paper without being struck out; or

(d) it has upon it a mark or writing that –

(i) is not authorised by these regulations; and

(ii) in the opinion of the council, may enable a person to identify the voter.

18.   Scrutineers

Any nominee may nominate a scrutineer to be present at the meeting held to count the votes.

19.   Equal votes

If there is an equal number of votes for 2 or more nominees, the council is to determine by lot which of the nominees is elected.

20.   Result of election

(1)  The council is to declare the result of an election by resolution at the meeting held to count the votes.

(2)  The council is to publish in the Gazette a notice of the making of a declaration under this regulation.

21.   Validation of election

An election is not invalid because a member of the council –

(a) does not receive a ballot-paper; or

(b) does not receive a ballot-paper within the prescribed time.

PART 3 - Proceedings of the board

22.   Meetings

(1)  The first meeting of the Board in any year is to be held at a time and place determined by the Board.

(2)  Any subsequent meeting of the Board in any year is to be held at a time and place determined by the chairperson.

(3)  Meetings are to be conducted in accordance with this Part.

23.   Chairperson

(1)  The chairperson for any year is to be elected at the first meeting of the Board in that year.

(2)  The chairperson is to preside at all meetings of the Board.

(3)  In the absence of the chairperson from any meeting or part of any meeting of the Board, the other members present are to choose one of their number to preside at that meeting or for part of that meeting.

(4)  Any member presiding at a meeting of the Board has, and may exercise, all the powers and authorities of the chairperson.

24.   Notice of meeting

(1)  A notice convening a meeting of the Board or a committee is to be –

(a) in writing; and

(b) delivered or sent by the Registrar to each member of the Board or the committee at least 7 days before the meeting is to be held.

(2)  Anything done or agreed to be done at a meeting of the Board or a committee is not invalid because –

(a) a member did not receive a notice of that meeting; and

(b) as a result of non-receipt of the notice, that member was not present at the meeting.

25.   Voting at meetings

(1)  Any member of the Board present at a meeting of the Board is eligible to vote at that meeting.

(2)  Any question arising at a meeting of the Board is to be decided by –

(a) open voting; and

(b) a majority of votes.

(3)  If any member of the Board abstains from a vote, a vote in the negative is attributed to that member.

(4)  If there are equal votes on any question, the chairperson has a casting vote.

(5)  The chairperson has a deliberative vote.

26.   Adjournment of meeting

(1)  The chairperson may adjourn a meeting.

(2)  If a quorum is not present within half an hour after the time appointed for a meeting, the members present, or the Registrar if no member is present, may –

(a) adjourn the meeting; and

(b) arrange for that meeting to be held not later than 7 days after the day on which the meeting was adjourned.

27.   Special meeting

The Registrar is to call a special meeting of the Board if requested to do so by –

(a) the chairperson; or

(b) any 3 members of the Board.

28.   Minutes

The Board is to ensure accurate minutes of its proceedings are kept by the Registrar.

29.   Rescission or amendment of previous resolutions

Any act done or authorised to be done, or resolution passed, by or at a meeting of the Board may not be rescinded or amended at any subsequent meeting unless –

(a) notice of the intended rescission or amendment is given in the notice convening that meeting; and

(b) the rescission or amendment is passed by that meeting.

30.   Committees

(1)  The Board, by resolution, may –

(a) appoint for a special purpose a committee of 3 members, including the chairperson; and

(b) dissolve that committee.

(2)  The chairperson is to preside at any meeting of a committee.

31.   Authentication of documents

Any document issued by the Board under the Act or these regulations has the authority of the Board if it is signed by –

(a) the Registrar; or

(b) any 2 members of the Board.

PART 4 - Duties of registrar

32.   General duties

(1)  The Registrar is to undertake any duties the Board directs.

(2)  The Registrar is responsible for the safe custody of –

(a) the seal; and

(b) all documents and property belonging to the Board.

33.   Keeping of register

The Registrar is to keep the register of architects at the office of the Board.

34.   Funds of the Board

(1)  The Registrar is to pay any money received by the Board or the Registrar into the funds of the Board within 7 days after the money is received.

(2)  For the purpose of section 23 of the Act, the Registrar is to prepare and present to the Board at the end of each year a statement showing the receipts and disbursements of the Board during that year.

PART 5 - Registration

35.   Application for registration

(1)  An application for registration as an architect under section 14(1) of the Act is to be –

(a) in accordance with Form 4 ; and

(b) accompanied by –

(i) a fee of $50; or

(ii) if the applicant sits for a practice examination immediately before applying for registration, a fee of $15.

(2)  The Board may require an applicant to –

(a) attend personally before the Board; and

(b) answer any oral or written questions put by the Board.

36.   Certificate of registration

A certificate of registration under section 15 of the Act is to be issued –

(a) in accordance with Form 5 ; and

(b) on the payment by the applicant for registration of a fee of $10.

37.   Annual registration fee

The prescribed annual registration fee payable under section 11 of the Act is $45.

38.   Removal from register

(1)  The Board, by notice in writing, may require a person whose name is removed from the register under the Act to return his or her certificate of registration to the Board.

(2)  A person referred to in subregulation (1) , or the executor, administrator or trustee of that person, is to return the certificate of registration to the Board within 14 days after receiving the notice referred to in subregulation (1) .

PART 6 - Miscellaneous

39.   Savings provisions

A person who, immediately before the commencement of these regulations, was a member of the Board under the Architects Regulations 1955 continues on that commencement to be a member of the Board until the member's term of office expires.

40.   Rescission

The Architects Regulations 1955 are rescinded.

SCHEDULE 1 - Forms

Form 1

Form 2

Form 3

Form 4

Form 5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 1997

These regulations are administered in the Department of Premier and Cabinet.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations –

(a) regulate the appointment and election of members of the Board of Architects of Tasmania; and

(b) regulate the proceedings of that Board; and

(c) regulate the duties of the Registrar appointed under the Architects Act 1929 ; and

(d) prescribe the manner in which an application for registration under that Act is to be made; and

(e) prescribe the certificate of registration to be issued under that Act; and

(f) prescribe the fees payable under that Act; and

(g) rescind the Architects Regulations 1955 .