SURVEYORS ACT 2007 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 3. Dictionary 4. Notes 5. Offences against Act--application of Criminal Code etc PART 2--REGISTRATION OF SURVEYORS Division 2.1--Registration 6. Application for registration 7. Eligibility for registration 8. Decision on registration application 9. Registration condition 10. When does registration end? Division 2.2--Surveyors register 11. Keeping surveyors register 12. Details to be entered in surveyors register 13. Register information may be shared 14. Changes to surveyors register 15. Surveyors to notify change of address PART 3--REGULATORY ACTION Division 3.1--Continuing registration 16. Meaning of continuation notice--div 3.1 17. Continuation notice fee 18. Continuation notice reminders 19. Annual continuation notice for registration 20. No continuation notice before 1 November 21. Lifting s 20 suspension 22. Cancellation after s 20 suspension Division 3.2--Cancellation of registration for incapacity 23. Cancellation of registration for incapacity 24. Notice of intention to cancel registration for incapacity Division 3.3--Occupational discipline--surveyors 25. Meaning of surveyor--div 3.3 26. Grounds for occupational discipline 27. Surveyor-general may apply to ACAT for occupational discipline 28. Giving local registering authorities information about cancelling or suspending Division 3.4--Other regulatory action 41. Voluntary cancellation of registration 42. Inquiries about registered addresses 43. Return of registration certificate on cancellation and suspension PART 4--THE PRACTICE OF SURVEYING Division 4.1--Interpretation--pt 4 44. Definitions--pt 4 Division 4.2--Power of entry and damage 45. Power of entry generally 46. Application for order to enter building etc 47. Damage by surveyors and assistants--generally 48. Damage by surveyors and assistants--compensation Division 4.3--Offences 49. Only surveyors to carry out surveys 50. Certificates to be given only by surveyors 51. Pretending to be surveyor 52. Hindering and obstructing surveyor and assistant 53. Destruction of, and damage to, survey marks 54. Surveyors to give evidence of field procedures to surveyor-general Division 4.4--Surveyor-general practice directions 55. Surveyor-general practice directions 56. Exemptions from practice directions 57. Surveyors to comply with practice directions 58. Surveys and plans to comply with practice directions PART 5--SURVEYOR-GENERAL 59. Appointment of surveyor-general 60. Functions of surveyor-general 61. Delegation by surveyor-general PART 6--ADVISORY COMMITTEE 62. Establishment of advisory committee 63. Advisory committee functions 64. Advisory committee membership 65. Minister to appoint advisory committee members 66. Appointment of professional entity representatives 67. Disclosure of interests by advisory committee members 68. Advisory committee--chair 69. Advisory committee--general procedure 70. Minimum number for advisory committee meetings 71. Voting at advisory committee meetings 72. Advisory committee to keep minutes 73. Protection of advisory committee members 74. Ending appointment of advisory committee members PART 7--NOTIFICATION AND REVIEW OF DECISIONS 75. Meaning of reviewable decision--pt 7 76. Reviewable decision notices 77. Applications for review PART 8--MISCELLANEOUS 78. Evidentiary certificates 79. Secrecy 80. Determination of fees 81. Approved forms 82. Regulation-making power SCHEDULE 1 DICTIONARY ENDNOTES SURVEYORS ACT 2007 - LONG TITLE An Act to regulate the practice of land surveying, and for other purposes SURVEYORS ACT 2007 - SECT 1 Name of Act This Act is the Surveyors Act 2007. SURVEYORS ACT 2007 - SECT 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition 'advisory committee member--see section 64.' means that the term 'advisory committee member' is defined in that section. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). SURVEYORS ACT 2007 - SECT 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. SURVEYORS ACT 2007 - SECT 5 Offences against Act--application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg "conduct", "intention", recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. Note about application of the Mutual Recognition Act 1992 (Cwlth) and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth) (the Commonwealth Acts) The Commonwealth Acts allow people registered in certain occupations in a State, the ACT, Northern Territory or New Zealand (a local jurisdiction) to carry on the occupations in another local jurisdiction and provide another way of applying for registration in the ACT or another local jurisdiction. Because of the Self-Government Act, s 28, the requirements for registration under this Act cannot validly require anything of people being registered in accordance with the Commonwealth Acts that would be inconsistent with those Acts. Accordingly, provisions of this part, such as the requirements for applications, do not apply to the registration of people in accordance with the Commonwealth Acts. Also, the Commonwealth Acts set out when conditions may be placed on people registered in accordance with those Acts. For more information, see the Commonwealth Acts. SURVEYORS ACT 2007 - SECT 6 Application for registration (1) A person may apply to the surveyor-general for registration as a surveyor. Note 1 If a form is approved under s 81 for the application, the form must be used. Note 2 A fee may be determined under s 80 for this provision. (2) The surveyor-general may, in writing, require the applicant to give the surveyor-general additional information in writing or documents that the surveyor-general reasonably needs to decide the application. (3) If the applicant does not comply with a requirement under subsection (2), the surveyor-general may refuse to consider the application further. SURVEYORS ACT 2007 - SECT 7 Eligibility for registration (1) A person is eligible to be registered as a surveyor if-- (a) the person has previously been registered in the ACT; and (b) the surveyor-general is satisfied that the person has a working knowledge of current surveying practices and any practice directions; and (c) the person's registration was not cancelled other than in accordance with a request by the surveyor. Note Under the Mutual Recognition Act 1992 (Cwlth) and the Trans-Tasman Mutual Recognition Act 1997 (Cwlth) the surveyor-general will also register as surveyors people who are registered, licensed or otherwise authorised to carry out surveys in a State, the Northern Territory or New Zealand, if the surveys authorised to be carried out are substantially the same. (2) However, a person who would be eligible under subsection (1) but for the cancellation of the person's registration, is eligible to be registered as a surveyor if the surveyor-general is satisfied, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be registered. Examples 1 the cancellation was because of a failure to pay a registration fee and the fee is paid 2 the cancellation was because the surveyor carried out a survey that was inaccurate because the surveyor lacked knowledge of current surveying practices, but since cancellation, the surveyor has acquired sufficient knowledge of current surveying practices Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). SURVEYORS ACT 2007 - SECT 8 Decision on registration application (1) On application by a person for registration as a surveyor, the surveyor-general must-- (a) if the person is eligible for registration--register the person; or (b) if the person is not eligible for registration--refuse to register the person. (2) If the surveyor-general registers the person, the surveyor-general must-- (a) give the person a unique identifying number (a registration number); and (b) give the person a certificate (a registration certificate), signed by the surveyor-general, that states-- (i) the person's name; and (ii) the date of registration; and (iii) the person's registration number. SURVEYORS ACT 2007 - SECT 9 Registration condition (1) It is a condition of a surveyor's registration that the surveyor undertakes continuing professional development in accordance with any directions under subsection (2). (2) The surveyor-general may give directions about continuing professional development for surveyors. (3) However, the surveyor-general must consult the advisory committee about a proposed direction before making the direction. (4) A direction is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. SURVEYORS ACT 2007 - SECT 10 When does registration end? A person's registration ends-- (a) if the registration is cancelled under section 22 (Cancellation after s 20 suspension)--when the cancellation takes effect under section 22 (2); or (b) if the registration is cancelled under section 23 (Cancellation of registration for incapacity)--when the cancellation takes effect under section 23 (4); or (c) if the registration is cancelled by the ACAT--when the cancellation takes effect; or (d) if the registration is cancelled under section 41 (Voluntary cancellation of registration)--when the surveyor-general cancels the registration; or (e) if the person dies. Note If a person's registration is suspended or cancelled in another State, the person's registration in the ACT may be affected in the same way (see Mutual Recognition Act 1992 (Cwlth), s 33). SURVEYORS ACT 2007 - SECT 11 Keeping surveyors register (1) The surveyor-general must ensure a surveyors register is kept in accordance with this Act. (2) The surveyors register-- (a) may be kept in any form, including electronically; and (b) must be made available to the public. (3) However, subsection (2) (b) does not apply to details in the surveyors register about-- (a) a surveyor's date of birth; and (b) if a surveyor's registration has been suspended--the grounds for suspension; and (c) anything else prescribed by regulation. (4) Any mistake, error or omission in the surveyors register may be corrected. SURVEYORS ACT 2007 - SECT 12 Details to be entered in surveyors register (1) The following details must be entered in the surveyors register in relation to a surveyor: (a) the surveyor's name; (b) the address of each place (a registered business address) where the surveyor carries on the practice of surveying or, if the surveyor does not have a registered business address, the surveyor's home address; (c) the surveyor's date of birth; (d) the surveyor's registration number; (e) the date of registration; (f) if the surveyor's registration has been suspended-- (i) the grounds for suspension; and (ii) the period of suspension; (g) any other details prescribed by regulation. (2) The surveyors register may contain other details. SURVEYORS ACT 2007 - SECT 13 Register information may be shared Information in the register, including information that is not available to the public, may be given to a local registering authority to assist in the regulation of surveyors in the local jurisdiction. SURVEYORS ACT 2007 - SECT 14 Changes to surveyors register (1) If a person's registration ends, details of the person's registration must be removed from the surveyors register. Note For when a person's registration ends, see s 10. (2) If a surveyor tells the surveyor-general about a change of address under section 15, the change must be entered in the surveyors register. (3) To remove any doubt, nothing in this section prevents the keeping of a record of-- (a) registration details removed from the register under subsection (1); or (b) a previous address under subsection (2). SURVEYORS ACT 2007 - SECT 15 Surveyors to notify change of address (1) A surveyor commits an offence if-- (a) the surveyor has a registered business address; and (b) any of the following changes happen: (i) the address changes; (ii) the address stops being a business address of the surveyor; and (c) the surveyor fails to tell the surveyor-general, in writing, about the change as soon as practicable but not later than 21 days after the day the change happens. Maximum penalty: 5 penalty units. (2) A surveyor commits an offence if-- (a) the surveyor does not have a registered business address; and (b) either of the following changes happen: (i) the surveyor's home address changes; (ii) the surveyor gets a business address; and (c) the surveyor fails to tell the surveyor-general, in writing, about the change as soon as practicable but not later than 21 days after the day the change happens. Maximum penalty: 5 penalty units. (3) An offence against this section is a strict liability offence. SURVEYORS ACT 2007 - SECT 16 Meaning of continuation notice--div 3.1 In this division: "continuation notice"--see section 19. SURVEYORS ACT 2007 - SECT 17 Continuation notice fee (1) This section applies if a fee is determined under section 80 for giving a continuation notice. (2) To remove any doubt, a continuation notice is taken not to have been given unless the fee is paid. SURVEYORS ACT 2007 - SECT 18 Continuation notice reminders (1) Before the beginning of a financial year, the surveyor-general may send a notice (a continuation notice reminder) to a surveyor. (2) A continuation notice reminder must-- (a) be addressed to the surveyor; and (b) include information to the following effect: (i) that the surveyor must give the surveyor-general a continuation notice before 1 September in the financial year if the surveyor intends to continue to be registered in the financial year; (ii) that the surveyor's registration will be automatically suspended on 1 November in the financial year if the surveyor does not give the surveyor-general a continuation notice for the financial year before 1 November in the financial year; (iii) that the surveyor's registration will be automatically cancelled on the day after the end of the financial year if the surveyor does not give the surveyor-general a continuation notice for the financial year before the end of the financial year; and (c) set out any fee determined for giving a continuation notice, including any higher fee for late payment. (3) If the surveyor-general fails to send a continuation notice reminder for a surveyor's registration, or the notice is not received by the surveyor, the failure or nonreceipt does not affect-- (a) any suspension or cancellation of the registration; or (b) the obligation of the surveyor to give a continuation notice for a financial year if the surveyor intends to continue to be registered in the financial year. SURVEYORS ACT 2007 - SECT 19 Annual continuation notice for registration Before 1 September in a financial year, a surveyor must give the surveyor-general written notice (a continuation notice) that the surveyor intends to continue to be registered in the financial year. Note 1 If a form is approved under s 81 for this provision, the form must be used. Note 2 A fee may be determined under s 80 for this provision. Note 3 For how documents may be served, see the Legislation Act, pt 19.5. SURVEYORS ACT 2007 - SECT 20 No continuation notice before 1 November (1) This section applies if a surveyor has not given the surveyor-general a continuation notice for a financial year before 1 November in the financial year. (2) The surveyor's registration is automatically suspended on 1 November in the financial year. SURVEYORS ACT 2007 - SECT 21 Lifting s 20 suspension (1) This section applies if a surveyor's registration is suspended under section 20 in a financial year. (2) If, before the financial year ends, the surveyor gives the surveyor-general a continuation notice for the financial year, the suspension ends. (3) The suspension ends when the surveyor gives the surveyor-general the notice and the registration is taken to have continued in force as if it had not been suspended under section 20. Note 1 If a form is approved under s 81 for this provision, the form must be used. Note 2 A fee may be determined under s 80 for this provision. Note 3 For when documents are taken to be served, see the Legislation Act, s 250. SURVEYORS ACT 2007 - SECT 22 Cancellation after s 20 suspension (1) This section applies if a surveyor does not give the surveyor-general a continuation notice for a financial year before the end of the financial year. (2) The surveyor's registration is automatically cancelled on the day after the end of the financial year. SURVEYORS ACT 2007 - SECT 23 Cancellation of registration for incapacity (1) This section applies if the surveyor-general believes on reasonable grounds that-- (a) a surveyor has become mentally or physically incapacitated; and (b) the incapacity substantially affects the surveyor's ability to practise surveying. (2) The surveyor-general may cancel the surveyor's registration. (3) However, the surveyor-general must not cancel the surveyor's registration unless-- (a) the surveyor-general-- (i) gives the surveyor written notice under section 24 of the surveyor-general's intention to cancel the registration; and (ii) takes into consideration any response received from the surveyor in accordance with the notice; and (b) the surveyor-general is satisfied that-- (i) the surveyor is mentally or physically incapacitated; and (ii) the incapacity substantially affects the surveyor's ability to practise surveying; and (c) at least 15 business days have passed since the day the notice was given under section 24. (4) Cancellation of a person's registration under this section takes effect-- (a) when written notice of the cancellation is given to the person; or (b) if the written notice of the cancellation states a later date--on the stated date. SURVEYORS ACT 2007 - SECT 24 Notice of intention to cancel registration for incapacity A notice under this section given to a surveyor must-- (a) state that the surveyor-general intends to cancel the surveyor's registration; and (b) explain why the surveyor-general intends to cancel the registration; and (c) state that the surveyor may, within 12 business days after the day the surveyor is given the notice, give a written response to the surveyor-general about the matters in the notice. Note For how documents may be served, see the Legislation Act, pt 19.5. SURVEYORS ACT 2007 - SECT 25 Meaning of surveyor--div 3.3 In this division: "surveyor"-- (a) in relation to an act or omission, means-- (i) a registered person; or (ii) a person who was registered at the time of the act or omission; and (b) in any other case--includes a person whose registration has been cancelled. SURVEYORS ACT 2007 - SECT 26 Grounds for occupational discipline (1) Each of the following is a ground for occupational discipline in relation to a surveyor: (a) the surveyor gave information in relation to the application for registration that was false or misleading in a material particular; (b) the surveyor has certified to the accuracy of a survey or a measurement survey knowing it to be inaccurate; (c) the surveyor has, deliberately or through carelessness or incompetence, carried out a survey or a measurement survey that is so inaccurate or defective as to be unreliable; (d) a survey has been carried out, or a plan prepared, by or under the supervision of the surveyor, that contravenes section 58 (Surveys and plans to comply with practice directions); (e) the surveyor has contravened, or is contravening, this Act, whether or not the surveyor has been convicted of an offence for the contravention; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). (f) both of the following apply: (i) the surveyor has been convicted or found guilty in Australia of an offence involving fraud, dishonesty or violence that is punishable by imprisonment for 1 year or longer; (ii) the surveyor-general is satisfied that committing the offence affects the surveyor's suitability to practise surveying; (g) both of the following apply: (i) the surveyor has been convicted or found guilty outside Australia of an offence involving fraud, dishonesty or violence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer; (ii) the surveyor-general is satisfied that committing the offence affects the surveyor's suitability to practise surveying. (2) A ground for occupational discipline applies to a surveyor who is no longer registered if the ground applied to the surveyor while registered. (3) In this section: "measurement survey" means an activity that includes any of the following: (a) taking measurements of distance, height, depth, level or direction in relation to land, including the air space above land and the subsurface below land and land covered by water; (b) inserting survey marks in or on land; (c) recording any measurements taken under paragraph (a) and the location of any survey marks inserted under subparagraph (b); (d) collating any measurements and locations recorded under subparagraph (c); (e) preparing plans or other documents to illustrate the results of any measurements taken, or the location of any survey marks inserted, under this paragraph. SURVEYORS ACT 2007 - SECT 27 Surveyor-general may apply to ACAT for occupational discipline If the surveyor-general believes on reasonable grounds that a ground for occupational discipline exists in relation to a surveyor, the surveyor-general may apply to the ACAT for an occupational discipline order in relation to the surveyor. Note The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out occupational discipline orders the ACAT may make. SURVEYORS ACT 2007 - SECT 28 Giving local registering authorities information about cancelling or suspending registration (1) This section applies if the ACAT cancels or suspends a surveyor's registration or disqualifies a surveyor from applying for registration. (2) The surveyor-general must give each local registering authority the following information about the surveyor: (a) the name and any other identifying details of the surveyor; (b) a short description of the ground for occupational discipline on which the occupational discipline order was based; (c) whether the registration has been cancelled or suspended or the surveyor disqualified; (d) if the registration has been suspended--the period of suspension; (e) if the surveyor has been disqualified--the period of disqualification. (3) This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a local registering authority. SURVEYORS ACT 2007 - SECT 41 Voluntary cancellation of registration The surveyor-general must cancel a surveyor's registration if-- (a) the surveyor asks, in writing, for the cancellation; and (b) the surveyor gives the surveyor's registration certificate to the surveyor-general or satisfies the surveyor-general that the certificate has been lost, stolen or destroyed; and (c) the surveyor-general has no ground for believing that the surveyor has contravened, or is contravening, this Act. SURVEYORS ACT 2007 - SECT 42 Inquiries about registered addresses (1) The surveyor-general may, by written notice, ask a surveyor-- (a) if the surveyor's address in the surveyors register is correct; and (b) for a surveyor without a registered business address--if the surveyor has a business address. (2) A notice under subsection (1) must state the consequences under subsection (3) of failing to respond to the notice. (3) If the surveyor-general does not receive an answer to a notice sent to a surveyor under subsection (1) by the end of the period of 2 months after the day the notice is sent to the surveyor, the surveyor-general may cancel the surveyor's registration. SURVEYORS ACT 2007 - SECT 43 Return of registration certificate on cancellation and suspension (1) This section applies to a person whose registration is suspended or cancelled. (2) The surveyor-general may, by written notice, require the person to return to the surveyor-general, as soon as practicable but not later than 14 days after the day the person receives the notice, the person's registration certificate. (3) A person must comply with a requirement made of the person under subsection (2). Maximum penalty: 5 penalty units. (4) An offence against this section is a strict liability offence. SURVEYORS ACT 2007 - SECT 44 Definitions--pt 4 In this part: "survey mark" includes a beacon, concrete block, chisel mark, galvanised iron pipe, lockspit, metal pin or plaque, drill hole and wings, peg or stone cairn, placed on land for a survey. "surveyor" does not include a person whose registration is suspended. SURVEYORS ACT 2007 - SECT 45 Power of entry generally (1) For the purpose of carrying out a survey, a surveyor or someone assisting a surveyor (an assistant) may at any reasonable time, in accordance with this section-- (a) enter land, including land that is not to be surveyed; and (b) open a door, gate or fence; and (c) place a survey mark on the ground of land entered; and (d) make a hole in the ground to uncover or expose a survey mark; and (e) enter a building; and (f) trim a tree or bush obstructing a survey. (2) A surveyor or assistant may enter land that is not owned by the person for whom the survey is being carried out only if, before entering the land, the surveyor gives the owner of the land reasonable notice, whether oral or written, of the surveyor's or assistant's intention to enter the land. (3) A surveyor or assistant may enter a building or part of a building that is not occupied by the person for whom the survey is being carried out only-- (a) if the occupier has consented, in writing, to the entry; or (b) in accordance with an order of the Magistrates Court. (4) To remove any doubt, an assistant may only exercise a function under this section in relation to land or a building-- (a) if the assistant is with the surveyor; or (b) if the assistant is not with the surveyor--if the owner or occupier has consented, in writing, to the exercise of the function. (5) In this section: "occupier", of a building, includes-- (a) a person believed on reasonable grounds to be an occupier of the building; and (b) a person apparently in charge of the building. "owner", of land, includes the lessee or occupier of the land. SURVEYORS ACT 2007 - SECT 46 Application for order to enter building etc (1) A surveyor or person for whom a survey is being, or is to be, carried out, may apply to the Magistrates Court for an order under section 45 (3) (b) allowing entry to a building or part of a building. (2) The Magistrates Court must make the order if satisfied that the survey can not reasonably be carried out unless the surveyor, or person assisting the surveyor, enters the building or part of the building. (3) An order under this section may be subject to a condition. SURVEYORS ACT 2007 - SECT 47 Damage by surveyors and assistants--generally (1) This section applies if someone exercises or purports to exercise a function under section 45. (2) The person must take reasonable steps to ensure that the person causes as little inconvenience, detriment and damage as is practicable when exercising or purporting to exercise the function. (3) If the person damages anything when exercising or purporting to exercise the function, the person must immediately give written notice of the details of the damage to someone the person believes on reasonable grounds is the owner of the thing. (4) However, if it is not practicable to comply with subsection (3), the person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened. (5) The person is liable to pay compensation for the damage to the owner of the thing. SURVEYORS ACT 2007 - SECT 48 Damage by surveyors and assistants--compensation (1) Compensation mentioned in section 47 (5) may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction. (2) A court may order the payment of reasonable compensation for the damage only if satisfied it is just to make the order in the circumstances of the particular case. (3) A regulation may prescribe matters that may, must or must not be taken into account by the court in considering whether it is just to make the order. (4) The amount of compensation that a person is ordered to pay that is reasonably and necessarily caused in carrying out the survey is an amount owing to the person by the person for whom the survey is being, or was, carried out. Note An amount owing under a law may be recovered as a debt in a court of competent jurisdiction or the ACAT (see Legislation Act, s 177). SURVEYORS ACT 2007 - SECT 49 Only surveyors to carry out surveys A person commits an offence if the person-- (a) carries out a survey; and (b) is not a surveyor, or supervised by a surveyor, when the survey is carried out. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Note The register-general may issue directions for the supervision of people assisting surveyors under s 55. SURVEYORS ACT 2007 - SECT 50 Certificates to be given only by surveyors (1) A person commits an offence if-- (a) the person is not a surveyor; and (b) the person gives, or purports to give, a certificate that, under a territory law, is required to be given by a surveyor. Maximum penalty: 30 penalty units. (2) An offence against this section is a strict liability offence. SURVEYORS ACT 2007 - SECT 51 Pretending to be surveyor A person commits an offence if-- (a) the person is not a surveyor; and (b) the person-- (i) pretends to be qualified to carry out a survey; or (ii) otherwise pretends to be a surveyor. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. Example--par (b) using 'registered surveyor' on letterhead or in an advertisement Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). SURVEYORS ACT 2007 - SECT 52 Hindering and obstructing surveyor and assistant A person commits an offence if-- (a) the person knows someone is-- (i) a surveyor; or (ii) assisting a surveyor (an assistant); and (b) the person hinders or obstructs the surveyor or assistant in the exercise of the surveyor's or assistant's powers under section 45 (1) (Power of entry generally). Maximum penalty: 50 penalty units, imprisonment for 6 months or both. SURVEYORS ACT 2007 - SECT 53 Destruction of, and damage to, survey marks (1) A person commits an offence if-- (a) the person interferes with, changes or removes a mark; and (b) the mark is a survey mark; and (c) the person is reckless about whether the mark is a survey mark. Maximum penalty: 20 penalty units. (2) However, subsection (1) does not apply to a person-- (a) who removes a survey mark if the mark is removed to put up a fence or do construction work on or near the boundary of a property; or (b) if the person otherwise has a reasonable excuse. Example--s (2) (b) A person has a reasonable excuse if the removal of a survey mark has been authorised in writing by the surveyor-general. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). SURVEYORS ACT 2007 - SECT 54 Surveyors to give evidence of field procedures to surveyor-general (1) The surveyor-general may, in writing, require a surveyor to give the surveyor-general stated evidence of field procedures that the surveyor-general reasonably needs to exercise the surveyor-general's functions under this Act or another territory law. Note Territory laws that give functions to the surveyor-general include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64. (2) A surveyor must comply with a requirement made of the surveyor under subsection (1). Maximum penalty: 50 penalty units. (3) An offence against this section is a strict liability offence. (4) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant took reasonable steps to comply with subsection (2). (5) The surveyor-general may keep material produced under this section for the time reasonably necessary to make a copy of it. (6) In this section: "field procedure" means any field procedure that a surveyor is required to keep under a practice direction. SURVEYORS ACT 2007 - SECT 55 Surveyor-general practice directions (1) The surveyor-general may issue directions in relation to the practice of surveying, including, for example-- (a) the preparation of plans showing the results of surveys; and (b) the preparation and keeping of field procedures relating to surveys; and (c) the supervision of people assisting surveyors in carrying out or preparing surveys; and (d) the nature and position of survey marks; and (e) the achievement of accuracy in surveying; and (f) the provision of information by surveyors for inclusion in the digital cadastral database. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (2) Before issuing a practice direction, the surveyor-general must consult the advisory committee about the proposed direction. (3) A practice direction is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (4) In this section: "digital cadastral database"--see the Districts Act 2002, section 17. SURVEYORS ACT 2007 - SECT 56 Exemptions from practice directions (1) The surveyor-general may, in writing, exempt a surveyor from a stated requirement of a practice direction if satisfied on reasonable grounds that it is not practicable for the surveyor to comply with the direction. (2) An exemption may be subject to any condition decided by the surveyor-general. (3) An exemption that is subject to a condition does not have effect if the condition is not complied with. SURVEYORS ACT 2007 - SECT 57 Surveyors to comply with practice directions A surveyor must comply with each practice direction that applies to the surveyor. SURVEYORS ACT 2007 - SECT 58 Surveys and plans to comply with practice directions A surveyor must ensure that a survey carried out, or a plan prepared, by or under the supervision of the surveyor-- (a) is in accordance with each practice direction that applies in relation to the survey or plan; and (b) states any exemption under section 56 (1) for a practice direction that applies in relation to the survey or plan; and (c) states the conditions (if any) the exemption is subject to. SURVEYORS ACT 2007 - SECT 59 Appointment of surveyor-general (1) The director-general must appoint a public servant as the Surveyor-general. (2) However, the director-general must not appoint a person under subsection (1) unless satisfied that the person is, or is eligible to be, registered as a surveyor. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). SURVEYORS ACT 2007 - SECT 60 Functions of surveyor-general (1) The surveyor-general has the following functions: (a) to investigate trends in surveying and to ensure the practice of surveying is current in the ACT and aligned with best practice; (b) to consult with entities (including organisations that represent surveyors in the ACT) on major policy issues affecting the practice of surveying; (c) to liaise and enter into arrangements on behalf of the Territory with any entity that, in Australia or elsewhere, is concerned with surveyors and the practice of surveying, for-- (i) developing or reviewing standards for the practice of surveying; and (ii) reviewing the qualifications and professional development of surveyors; and (iii) the exercise of the surveyor-general's functions under this Act or another territory law. (2) The surveyor-general has any other function given to the surveyor-general under this Act or another territory law. Note 1 Territory laws that give functions to the surveyor-general include the Districts Act 2002, s 7 and s 17 and the Land Titles Act 1925, s 64. Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). Note 3 A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). SURVEYORS ACT 2007 - SECT 61 Delegation by surveyor-general The surveyor-general may delegate the surveyor-general's functions under this Act or another territory law to a public servant who is a surveyor. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. SURVEYORS ACT 2007 - SECT 62 Establishment of advisory committee The survey practice advisory committee is established. SURVEYORS ACT 2007 - SECT 63 Advisory committee functions (1) The advisory committee has the following functions of advising the surveyor-general: (a) in relation to anything about the practice of surveying if asked by the surveyor-general; (b) whether a new practice direction is needed or a direction needs revising; (c) about any proposed guidelines for continuing professional development or if a guideline needs revising. (2) The advisory committee has any other function given to it under this Act. Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). Note 2 A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). SURVEYORS ACT 2007 - SECT 64 Advisory committee membership (1) The advisory committee must have at least 5, but not more than 7, members (each of whom is an advisory committee member). (2) The advisory committee is made up of the following people: (a) the surveyor-general; (b) at least 3 other surveyors, 2 of whom are professional entity representatives; (c) at least 1 member who is not a surveyor. Note Section 66 sets out how professional entity representatives are chosen for appointment under s 65. (3) To remove any doubt, in this section: "surveyor" does not include a person whose registration is suspended. SURVEYORS ACT 2007 - SECT 65 Minister to appoint advisory committee members (1) The Minister must appoint the advisory committee members (other than the surveyor-general). Note For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. (2) The Legislation Act, division 19.3.3 (Appointments--Assembly consultation) does not apply to an appointment of an advisory committee member under this section. (3) The Minister must not appoint a professional entity representative for longer than 3 years. (4) The Minister must not reappoint a person as a professional entity representative if the person would be a professional entity representative for longer than 3 consecutive years. SURVEYORS ACT 2007 - SECT 66 Appointment of professional entity representatives (1) This section applies if, whether because of a vacancy or otherwise, the Minister must appoint 1 or 2 professional entity representatives to the advisory committee. (2) The Minister must ask a professional entity to nominate the prescribed number of potential representatives-- (a) that the entity is satisfied will adequately represent the views of the entity on the advisory committee; and (b) who are surveyors. (3) The Minister must, under section 65, appoint 1 or 2 representatives from the people nominated. (4) In this section: "prescribed number", of potential representatives, means-- (a) if the Minister must appoint 1 professional entity representative--2; or (b) if the Minister must appoint 2 professional entity representatives--3. "professional entity" means an entity that the Minister is satisfied was established to represent the interests of surveyors in the ACT. SURVEYORS ACT 2007 - SECT 67 Disclosure of interests by advisory committee members (1) If an advisory committee member has a relevant interest in an issue being considered, or about to be considered, by the committee, the member must disclose the nature of the interest at a meeting of the committee as soon as practicable after the relevant facts come to the member's knowledge. (2) The disclosure must be recorded in the advisory committee's minutes and, unless the committee otherwise decides, the advisory committee member must not-- (a) be present when the committee considers the issue; or (b) take part in a decision of the committee on the issue. (3) Any other advisory committee member who also has a relevant interest in the issue must not-- (a) be present when the committee considers whether to make a decision under subsection (2); or (b) take part in the decision. (4) The advisory committee must, not later than 7 days after the end of each financial year, give the surveyor-general a statement that sets out the details of all disclosures under this section made during the financial year. (5) In this section: "relevant interest", in an issue, means a direct or indirect financial or other interest in the issue. SURVEYORS ACT 2007 - SECT 68 Advisory committee--chair The surveyor-general is the chair of the advisory committee. SURVEYORS ACT 2007 - SECT 69 Advisory committee--general procedure (1) Meetings of the advisory committee are to be held when and where it decides. (2) However-- (a) the advisory committee must meet at least twice each year; and (b) the surveyor-general may, by reasonable written notice given to the other advisory committee members, call a meeting. (3) The advisory committee may conduct its proceedings (including its meetings) as it considers appropriate. SURVEYORS ACT 2007 - SECT 70 Minimum number for advisory committee meetings Business may be carried on at an advisory committee meeting only if at least 3 advisory committee members are present. SURVEYORS ACT 2007 - SECT 71 Voting at advisory committee meetings At a meeting of the advisory committee, a question is decided by a majority of the votes of the advisory committee members present and voting. SURVEYORS ACT 2007 - SECT 72 Advisory committee to keep minutes The advisory committee must keep minutes of its meetings. SURVEYORS ACT 2007 - SECT 73 Protection of advisory committee members (1) An advisory committee member is not personally liable for conduct engaged in honestly and not recklessly-- (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the conduct was in the exercise of a function under this Act. (2) Any civil liability that would, apart from this section, attach to a person attaches instead to the Territory. (3) In this section: "advisory committee member" includes anyone acting under the direction or authority of the advisory committee. "conduct "means an act or an omission to do an act. SURVEYORS ACT 2007 - SECT 74 Ending appointment of advisory committee members (1) This section applies to an advisory committee member other than the surveyor-general. (2) The Minister must end the appointment of an advisory committee member if-- (a) the Minister becomes aware that the member-- (i) has failed to comply with section 67 (Disclosure of interests by advisory committee members) without reasonable excuse; or (ii) has at any time been convicted, in Australia, of an offence punishable by imprisonment for 1 year or longer; or (iii) has at any time been convicted, outside Australia, of an offence that, if it had been committed in the ACT, would be punishable by imprisonment for 1 year or longer; or (b) satisfied that the member is no longer qualified to be appointed to the member's position. (3) The Minister may end the appointment of an advisory committee member-- (a) if the member is absent from 3 consecutive meetings of the advisory committee other than on approved leave; or (b) if the member contravenes a territory law; or (c) for misbehaviour; or (d) for physical or mental incapacity, if the incapacity substantially affects the exercise of the member's functions. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). SURVEYORS ACT 2007 - SECT 75 Meaning of reviewable decision--pt 7 In this part: "reviewable decision" means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. SURVEYORS ACT 2007 - SECT 76 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. SURVEYORS ACT 2007 - SECT 77 Applications for review The following may apply to the ACAT for a review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. SURVEYORS ACT 2007 - SECT 78 Evidentiary certificates (1) The surveyor-general may give a signed certificate-- (a) stating that on a stated date or during a stated period a named person was or was not registered; and (b) if the person was registered--including details of the person's registration. (2) A certificate under this section is evidence of the matters stated in it. (3) Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate. SURVEYORS ACT 2007 - SECT 79 Secrecy (1) In this section: "court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions. "divulge" includes communicate. "person to whom this section applies" means a person who-- (a) is or has been-- (i) a member of the advisory committee; or (ii) anyone acting under the direction or authority of the advisory committee; or (b) exercises, or has exercised, a function under this Act. "produce" includes allow access to. "protected information" means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise, or purported exercise, of a function under this Act by the person or someone else. (2) A person to whom this section applies commits an offence if-- (a) the person-- (i) makes a record of protected information about someone else; and (ii) is reckless about whether the information is protected information about someone else; or (b) the person-- (i) does something that divulges protected information about someone else; and (ii) is reckless about whether-- (A) the information is protected information about someone else; and (B) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsection (2) does not apply if the record is made, or the information is divulged-- (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding; or (d) to a person administering or enforcing a corresponding law of a local jurisdiction. Note Corresponding law--see the dictionary. (4) Subsection (2) does not apply to the divulging of protected information about someone with the person's consent. SURVEYORS ACT 2007 - SECT 80 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. SURVEYORS ACT 2007 - SECT 81 Approved forms (1) The surveyor-general may approve forms for this Act. (2) If the surveyor-general approves a form for a particular purpose, the approved form must be used for that purpose. Note For other provisions about forms, see the Legislation Act, s 255. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. SURVEYORS ACT 2007 - SECT 82 Regulation-making power The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. SURVEYORS ACT 2007 - SCHEDULE 1 Schedule 1 Reviewable decisions (see pt 7) column 1item column 2section column 3decision column 4entity 1 8 refuse to register person applicant for registration 2 23 cancel person's registration person whose registration is cancelled 3 41 refuse to cancel surveyor's registration surveyor 4 42 (3) cancel person's registration person whose registration is cancelled 5 56 refuse to give surveyor exemption surveyor 6 56 give surveyor an exemption subject to condition surveyor SURVEYORS ACT 2007 - NOTES Dictionary Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o appoint o business day o director-general (see s 163) o exercise o found guilty o function o occupational discipline order o public servant o reviewable decision notice o State o territory law. "advisory committee" means the survey practice advisory committee established under section 62. "advisory committee member"--see section 64. "business address", for a surveyor, means an address of a place from which the surveyor carries on the practice of surveying. "continuation notice", for division 3.1 (Continuing registration)--see section 19. "corresponding law" means any law of a local jurisdiction that regulates surveyors in the jurisdiction. "field procedures" means field notes, records, measurements or calculations. "ground for occupational discipline"--see section 26. "local jurisdiction" means the Commonwealth, a State or New Zealand. "local registering authority" means the entity responsible for regulating the surveying profession under a corresponding law. "practice direction "means a direction issued under section 55. "registered" means registered under this Act. "registered business address"--see section 12 (Details to be entered in surveyors register). "registration certificate"--see section 8 (Decision on registration application). "registration number"--see section 8. "reviewable decision", for part 7 (Notification and review of decisions)--see section 75. "survey" means the survey of land for the purpose of-- (a) defining, redefining or marking the boundaries of land divided or to be divided under the Districts Act 2002; or (b) deciding whether improvements are or are not within the boundaries of any land; or (c) defining, redefining or marking the boundaries of a public place or public road within the meaning of the Roads and Public Places Act 1937; or (d) defining, redefining or marking the boundaries of land in relation to which an interest has been, or is to be, created; or (e) defining, redefining or marking the boundaries of land to be resumed under a law of the Territory or Commonwealth. "survey mark", for part 4 (The practice of surveying)--see section 44. "surveyor"-- (a) for this Act generally--means a person registered under this Act; and (b) for division 3.3 (Occupational discipline--surveyors)--see section 25. (c) for part 4 (The practice of surveying)--see section 44. "surveyor-general" means the surveyor-general appointed under section 59. "surveyors register" means the surveyors register mentioned in section 11. SURVEYORS ACT 2007 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Surveyors Act 2007 A2007-33 notified LR 25 October 2007 s 1, s 2 commenced 25 October 2007 (LA s 75 (1)) remainder commenced 14 November 2007 (s 2 and CN2007-15) as amended by ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.48 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.48 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Surveyors Amendment Act 2010 A2010-6 notified LR 2 March 2010 s 1, s 2 commenced 2 March 2010 (LA s 75 (1)) remainder commenced 3 March 2010 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.144 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.144 commenced 1 July 2011 (s 2 (1)) Planning and Building Legislation Amendment Act 2011 A2011-23 pt 9 notified LR 6 July 2011 pt 1 commenced 6 July 2011 (s 2 (1)) pt 9 commenced 7 July 2011 (s 2 (5)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.51 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.51 commenced 12 December 2011 (s 2) 4 Amendment history Commencements 2 om LA s 89 (4) Dictionarys 3 am A2008-36 amdt 1.616 Application for registrations 6 am A2010-6 s 16 Eligibility for registrations 7 am A2010-6 s 16 Decision on registration applications 8 am A2010-6 s 16 Registration conditions 9 am A2010-6 ss 4-6, s 16 When does registration end?s 10 am A2008-36 amdt 1.617; A2010-6 s 16 Keeping surveyors registers 11 am A2010-6 s 16 Changes to surveyors registers 14 am A2010-6 s 16 Surveyors to notify change of addresss 15 am A2010-6 s 16 Continuation notice reminderss 18 am A2010-6 s 7, s 8, s 16 Annual continuation notice for registrations 19 am A2010-6 s 9, s 16 No continuation notice before 1 Novembers 20 sub A2010-6 s 10 am A2010-6 s 16 Lifting s 20 suspensions 21 am A2010-6 s 11, s 16 Cancellation after s 20 suspensions 22 am A2010-6 s 16 Cancellation of registration for incapacitys 23 am A2010-6 s 16 Notice of intention to cancel registration for incapacitys 24 am A2010-6 s 16 Occupational discipline--surveyorsdiv 3.3 hdg sub A2008-36 amdt 1.618 Meaning of surveyor--div 3.3s 25 sub A2008-36 amdt 1.618 def disciplinary notice om A2008-36 amdt 1.618 def inquiry om A2008-36 amdt 1.618 def surveyor sub A2008-36 amdt 1.618 Grounds for occupational disciplines 26 sub A2008-36 amdt 1.618 am A2010-6 s 12, s 13, s 16 Surveyor-general may apply to ACAT for occupational disciplines 27 hdg am A2010-6 s 16s 27 sub A2008-36 amdt 1.618; A2010-6 s 16 Giving local registering authorities information about cancelling or suspending registrations 28 sub A2008-36 amdt 1.618; A2010-6 s 16 Suspension during inquirys 29 om A2008-36 amdt 1.618 End of suspension for inquirys 30 om A2008-36 amdt 1.618 Inquiry to be helds 31 om A2008-36 amdt 1.618 Inquiry procedures 32 om A2008-36 amdt 1.618 Evidence at inquirys 33 om A2008-36 amdt 1.618 Legal representation at inquirys 34 om A2008-36 amdt 1.618 Chief surveyor may require appearance, information and documentss 35 om A2008-36 amdt 1.618 Failing to attend and failing to produce document or things 36 om A2008-36 amdt 1.618 Confidentiality and client communicationss 37 om A2008-36 amdt 1.618 Witness expensess 38 om A2008-36 amdt 1.618 Disciplinary actions 39 om A2008-36 amdt 1.618 Giving local registering authorities information about some disciplinary actions 40 om A2008-36 amdt 1.618 Voluntary cancellation of registrations 41 am A2010-6 s 16 Inquiries about registered addressess 42 am A2010-6 s 16 Return of registration certificate on cancellation and suspensions 43 am A2010-6 s 16 Damage by surveyors and assistants--compensations 48 am A2011-52 amdt 3.190 Only surveyors to carry out surveyss 49 sub A2011-23 s 40 Destruction of, and damage to, survey markss 53 am A2010-6 s 16 Surveyors to give evidence of field procedures to surveyor-generals 54 hdg am A2010-6 s 16s 54 am A2010-6 s 16 Surveyor-general practice directionsdiv 4.4 hdg am A2010-6 s 16 Surveyor-general practice directionss 55 hdg am A2010-6 s 16s 55 am A2010-6 s 16 Exemptions from practice directionss 56 am A2010-6 s 16 Surveyor-generalpt 5 hdg am A2010-6 s 16 Appointment of surveyor-generals 59 hdg am A2010-6 s 16s 59 am A2010-6 s 16; A2011-22 amdt 1.411 Functions of surveyor-generals 60 hdg am A2010-6 s 16s 60 am A2010-6 s 16 Delegation by surveyor-generals 61 hdg am A2010-6 s 16s 61 am A2010-6 s 16 Advisory committee functionss 63 am A2010-6 s 16 Advisory committee memberships 64 am A2010-6 s 16 Minister to appoint advisory committee memberss 65 am A2010-6 s 16 Disclosure of interests by advisory committee memberss 67 am A2010-6 s 16 Advisory committee--chairs 68 am A2010-6 s 16 Advisory committee--general procedures 69 am A2010-6 s 16 Ending appointment of advisory committee memberss 74 am A2010-6 s 16 Notification and review of decisionspt 7 hdg sub A2008-36 amdt 1.619 Meaning of reviewable decision--pt 7s 75 sub A2008-36 amdt 1.619 Reviewable decision noticess 76 sub A2008-36 amdt 1.619 Applications for reviews 77 sub A2008-36 amdt 1.619 Evidentiary certificatess 78 am A2010-6 s 16 Approved formss 81 am A2010-6 s 16 Legislation amended--sch 1s 83 om LA s 89 (3) Transitionalpt 9 hdg exp 14 November 2008 (s 95) Definitions--pt 9s 84 exp 14 November 2008 (s 95) def commencement day exp 14 November 2008 (s 95) def repealed Act exp 14 November 2008 (s 95) Legislation repealeds 85 om LA s 89 (3) Survey practice directionss 86 exp 14 November 2008 (s 95) Surveyors registered under repealed Acts 87 exp 14 November 2008 (s 95) Suspended registrations 88 exp 14 November 2008 (s 95) Action under repealed Act etcs 89 exp 14 November 2008 (s 95) Inquiry under repealed Acts 90 exp 14 November 2008 (s 95) Grounds for disciplinary action--s 26s 91 exp 14 November 2008 (s 95) Evidentiary certificates--repealed Acts 92 exp 14 November 2008 (s 95) Redistribution committee--Electoral Act 1992s 93 exp 14 November 2008 (s 95) Transitional regulationss 94 exp 14 November 2008 (s 95) Expiry--pt 9s 95 exp 14 November 2008 (s 95) Reviewable decisionssch 1 om LA s 89 (3) ins A2008-36 amdt 1.622 Dictionarydict am A2008-36 amdt 1.623, amdt 1.624; A2011-22 amdt 1.412 def chief surveyor om A2010-6 s 14 def disciplinary action om A2008-36 amdt 1.625 def disciplinary notice om A2008-36 amdt 1.625 def ground for disciplinary action om A2008-36 amdt 1.626 def ground for occupational discipline ins A2008-36 amdt 1.626 def inquiry om A2008-36 amdt 1.627 def reviewable decision sub A2008-36 amdt 1.628 def surveyor am A2008-36 amdt 1.629 def surveyor-general ins A2010-6 s 15 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R114 Nov 2007 14 Nov 2007-14 Nov 2008 not amended new Act R215 Nov 2008 15 Nov 2008-1 Feb 2009 A2008-36 commenced expiry R32 Feb 2009 2 Feb 2009-2 Mar 2010 A2008-36 amendments by A2008-36 R43 Mar 2010 3 Mar 2010-30 June 2011 A2010-6 amendments by A2010-6 R51 July 2011 1 July 2011-6 July 2011 A2011-22 amendments by A2011-22 R67 July 2011 7 July 2011-11 Dec 2011 A2011-23 amendments by A2011-23 (c) Australian Capital Territory 2011 SURVEYORS ACT 2007 - NOTES Australian Capital Territory A2007-33 Republication No 7 Effective: 12 December 2011 Republication date: 12 December 2011 Last amendment made by A2011-52Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Surveyors Act 2007 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 December 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 December 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Surveyors Act 2007 Endnotes44 Australian Capital Territory Surveyors Act 2007