South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"beneficiary" includes an object of a discretionary trust;
"cadastral survey" means any process of determining the boundaries of land by
the measurement of distances and angles (including measurement by means of an
electronic device) or by photogrammetry;
"course" includes a lecture, seminar, tutorial or workshop;
"Court" means the Administrative and Disciplinary Division of the District
Court;
"designated survey area"—see Part 5 Division 1;
"director" of a body corporate means a member of the board or committee of
management of the body corporate, whether validly appointed or not;
"equipment" includes instruments or appliances used in, or for the purposes
of, carrying out a survey;
"Institution of Surveyors" means the Institution of Surveyors, Australia,
South Australia Division Incorporated;
"interfere" with a survey mark includes disturb, damage, remove or destroy the
survey mark;
"land" includes—
(a)
submerged land;
(b) an
interest in land;
"licensed surveyor" means a person who holds a licence as a surveyor under
Part 3 Division 2;
"permanent survey mark" means a mark or peg included in the network of
survey marks established under Part 5 Division 1;
"provide", in relation to surveying services, means provide surveying services
personally or through the instrumentality of another, and includes offer to
provide;
"record" means—
(a) a
documentary record; or
(b) a
record made by an electronic, electro-magnetic, photographic or optical
process; or
(c) any
other kind of record;
"registered surveyor" means a person registered as a surveyor under Part 3
Division 2;
"Registrar" means the person for the time being appointed to, or acting in,
the position of Registrar established by the Institution of Surveyors pursuant
to Part 2 Division 3;
"survey" means—
(a) a
cadastral survey; or
(b) any
process of determining—
(i)
the form of land; or
(ii)
the position of a point, object, structure or feature on
or in land,
by the measurement of distances and angles (including measurement by means of
an electronic device) or by photogrammetry;
"Survey Advisory Committee" means the Survey Advisory Committee established
under Part 2 Division 2;
"surveying services provider" means a person (not being a surveyor) who
provides surveying services through the instrumentality of a surveyor;
"survey instructions"—see Part 4 Division 1;
"survey mark" means—
(a) a
mark or peg of a kind specified in survey instructions in force under this Act
that is placed on or in land for the purposes of defining a boundary of the
land; or
(b) a
permanent survey mark;
"surveyor" means a licensed or registered surveyor;
"Surveyor-General" means the person for the time being appointed or acting as
the Surveyor-General;
"trust" —a trust is considered for the purposes of this Act as a single
entity consisting of the trustees and the beneficiaries;
"trust or corporate entity" means a trust or a body corporate.
(2) A person who holds
a licence under this Act will be taken to be registered under this Act.
(3) A reference in an
instrument (whether of a statutory nature or not)—
(a) to a
licensed surveyor is to be taken to be a reference to a licensed surveyor
within the meaning of this Act;
(b) to a
registered surveyor is to be taken to be a reference to a licensed or
registered surveyor within the meaning of this Act.
(4) For the purposes
of this Act, a surveyor whose licence or registration is under suspension will
be taken not to hold a licence or not to be registered (as the case may
require).
(5) Without limiting
the generality of the expression, a person who is not a surveyor will, unless
exempted by the regulations, be taken to "provide surveying services through
the instrumentality of a surveyor if the person , in the course of carrying on
a business, provides services to the surveyor for which the person is entitled
to receive a share in the profits or income of the surveyor's practice.
(6) For the purposes
of this Act, a person "occupies a position of authority in a trust or
corporate entity if the person—
(a) in
the case of a body corporate—
(i)
is a director of the body corporate; or
(ii)
exercises, or is in a position to exercise, control or
substantial influence over the body corporate in the conduct of its affairs;
or
(iii)
manages, or is to manage, the business of the body
corporate that consists of the provision of surveying services; or
(iv)
where the body corporate is a proprietary
company—is a shareholder in the body corporate; or
(b) in
the case of a trust—is a trustee or beneficiary of the trust.
(7) However—
(a) a
minor who is a shareholder in a proprietary company, or a beneficiary under a
trust, is not, for that reason, to be regarded as a person
occupying a position of authority; and
(b) a
charitable organisation that is a beneficiary of a trust is not, for that
reason, to be regarded as occupying a position of authority in the trust.
(8) For the purposes
of this Act, a person who holds more than 10 per cent of the issued share
capital of a public company will be regarded as a person
"occupying a position of authority" in that company.
Note—
For definition of divisional penalties (and expiation fees) see Appendix.