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This is a Bill, not an Act. For current law, see the Acts databases.
SURVEYORS BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
Surveyors
Bill 2007
Contents
Page
Part 1.1 Districts
Act 2002 53
Part 1.2 Electoral
Act 1992 54
Part 1.3 Land Titles
Act 1925 55
Part 1.4 Legislation
Act 2001 55
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Planning)
A Bill for
An Act to regulate the practice of land surveying, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Surveyors Act 2007.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
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 ‘inquiry, for
division 3.3 (Disciplinary action)—see section 25.’ means that
the term ‘inquiry’ 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)).
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.
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.
Part
2 Registration of
surveyors
Division
2.1 Registration
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.
6 Application
for registration
(1) A person may apply to the chief surveyor 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 chief surveyor may, in writing, require the applicant to give the
chief surveyor additional information in writing or documents that the chief
surveyor reasonably needs to decide the application.
(3) If the applicant does not comply with a requirement under subsection
(2), the chief surveyor may refuse to consider the application
further.
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 chief surveyor 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 chief
surveyor 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 chief surveyor 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).
8 Decision
on registration application
(1) On application by a person for registration as a surveyor, the chief
surveyor must—
(a) register the person; or
(b) refuse to register the person.
(2) However, the chief surveyor must refuse to register the person if the
person is not eligible for registration.
(3) If the chief surveyor registers the person, the chief surveyor
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 chief surveyor, that states—
(i) the person’s name; and
(ii) the date of registration; and
(iii) the person’s registration number.
(1) It is a condition of a surveyor’s registration that the surveyor
undertakes continuing professional development in accordance with any guidelines
under subsection (2).
(2) The chief surveyor may make guidelines about continuing professional
development for surveyors.
(3) However, the chief surveyor must consult the advisory committee about
a proposed guideline before making the guideline.
(4) A guideline is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
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 under section 39 (Disciplinary
action)—when the cancellation takes effect under section 39 (6)
(b); or
(d) if the registration is cancelled under section 41 (Voluntary
cancellation of registration)—when the chief surveyor cancels the
registration; or
(e) if the person dies.
Division
2.2 Surveyors
register
11 Keeping
surveyors register
(1) The chief surveyor 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
surveyor’s 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.
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.
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.
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 chief surveyor 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).
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 chief surveyor, 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 chief surveyor, 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.
Division
3.1 Continuing
registration
16 Meaning
of continuation notice––div 3.1
In this division:
continuation notice—see section 19.
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.
18 Continuation
notice reminders
(1) Before the beginning of a financial year, the chief surveyor 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 chief surveyor a continuation notice
before the beginning of 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 September in the financial year if the surveyor does not give the
chief surveyor a continuation notice for the financial year by 31 August 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 chief surveyor 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—
(i) late payment before 1 September; and
(ii) late payment on or after 1 September.
(3) If the chief surveyor 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.
19 Annual
continuation notice for registration
Before the beginning of a financial year, a surveyor must give the chief
surveyor 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 section 81
for this provision, the form must be used.
Note 2 A fee may be determined under section 80 for this
provision.
Note 3 For how documents may be served, see the Legislation Act,
pt 19.5.
20 No
continuation notice by 31 August
(1) This section applies if a surveyor has not given the chief surveyor a
continuation notice for a financial year by 31 August in the financial
year.
(2) The surveyor’s registration is automatically suspended on
1 September in the financial year.
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 chief
surveyor a continuation notice for the financial year, the suspension
ends.
(3) The suspension ends when the surveyor gives the chief surveyor the
notice.
Note 1 If a form is approved under section 81
for this provision, the form must be used.
Note 2 A fee may be determined under section 80 for this
provision.
Note 3 For when documents are taken to be served, see the
Legislation Act, s 250.
22 Cancellation
after s 20 suspension
(1) This section applies if a surveyor does not give the chief surveyor 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.
Division
3.2 Cancellation of registration for
incapacity
23 Cancellation
of registration for incapacity
(1) This section applies if the chief surveyor 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 chief surveyor may cancel the surveyor’s
registration.
(3) However, the chief surveyor must not cancel the surveyor’s
registration unless—
(a) the chief surveyor—
(i) gives the surveyor written notice under section 24 of the chief
surveyor’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 chief surveyor 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.
24 Notice
of intention to cancel registration for incapacity
A notice under this section given to a surveyor must—
(a) state that the chief surveyor intends to cancel the surveyor’s
registration; and
(b) explain why the chief surveyor 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 chief surveyor
about the matters in the notice.
Note For how documents may be served, see the Legislation Act,
pt 19.5.
Division
3.3 Disciplinary
action
In this division:
disciplinary notice—see section 27.
inquiry means a hearing under section 31.
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.
26 Grounds
for disciplinary action
(1) Each of the following is a ground for disciplinary action
against 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 knowing it to
be inaccurate;
(c) the surveyor has, deliberately or through carelessness or
incompetence, carried out a 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;
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 chief surveyor 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 chief surveyor is satisfied that committing the offence affects
the surveyor’s suitability to practise surveying.
(2) To remove any doubt, a ground for disciplinary action applies to a
surveyor who is no longer registered if the ground applied to the surveyor while
registered.
27 When
disciplinary notice may be given
If the chief surveyor is satisfied that a ground for disciplinary action
exists, or may exist, in relation to a surveyor, the chief surveyor may give the
surveyor a notice (a disciplinary notice).
(1) A disciplinary notice given to a surveyor must—
(a) state the grounds on which the notice is given; and
(b) state details of each ground that the chief surveyor is satisfied
would allow a reasonable person to identify the circumstances that give rise to
the ground; and
(c) state where and when the inquiry into the grounds will be held;
and
(d) if the surveyor’s registration is suspended under section
29—state that the surveyor’s registration is suspended until the
inquiry into the grounds is finished or the suspension is ended under section 30
(End of suspension for inquiry).
(2) For subsection (1) (c), the time for holding the inquiry must be not
less than 10 days and, if the surveyor’s registration is suspended when
the disciplinary notice is sent, not more than 28 days, after the day the
surveyor is given the notice.
29 Suspension
during inquiry
(1) This section applies if the chief surveyor gives, or proposes to give,
a disciplinary notice to a surveyor.
(2) The chief surveyor may suspend the surveyor’s registration by
the disciplinary notice or a later written notice given to the
surveyor.
(3) However, the chief surveyor may only suspend the registration under
subsection (2) if the chief surveyor—
(a) has taken into account the circumstances leading to the decision to
give the disciplinary notice and the grounds stated in the notice; and
(b) believes on reasonable grounds that it is in the public interest to
suspend the surveyor’s registration until the inquiry into the grounds
stated in the notice is finished.
(4) If the chief surveyor suspends a surveyor’s registration, the
registration is suspended when the surveyor receives notice of the
suspension.
30 End
of suspension for inquiry
(1) This section applies if the chief surveyor suspends a surveyor’s
registration under section 29.
(2) The chief surveyor may, at any time before the inquiry is finished,
end the surveyor’s suspension by written notice given to the
surveyor.
(3) If the chief surveyor does not end a surveyor’s suspension under
subsection (2), the suspension ends—
(a) when the chief surveyor gives the surveyor notice under
section 39 (5) (Disciplinary action); or
(b) if the chief surveyor takes disciplinary action against the surveyor
under section 39—when the action takes effect under section 39
(6).
If the chief surveyor gives a surveyor a disciplinary notice, the chief
surveyor must hold a hearing to inquire into each ground for disciplinary action
stated in the notice.
(1) The chief surveyor may decide any procedure for an inquiry in relation
to which a procedure is not provided under this Act.
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).
(2) The chief surveyor may adjourn an inquiry.
(1) At an inquiry, the chief surveyor—
(a) must comply with the rules of natural justice; and
(b) is not bound by rules of evidence but may inform himself or herself in
the way he or she considers appropriate.
(2) At an inquiry, the surveyor whose actions are being inquired into may
call witnesses.
34 Legal
representation at inquiry
(1) A surveyor may be represented at an inquiry by a lawyer who may
examine witnesses and address the chief surveyor on behalf of the
surveyor.
(2) The chief surveyor may appoint a lawyer to examine witnesses in an
inquiry and advise the chief surveyor on any matter relating to the
inquiry.
Note For the making of appointments (including acting
appointments), see the Legislation Act, pt 19.3.
35 Chief
surveyor may require appearance, information and documents
(1) For an inquiry, the chief surveyor may, in writing, require a person
to appear before the inquiry on a stated date—
(a) to give evidence; or
(b) to give evidence and produce a document or thing in the possession,
custody or control of the person; or
(c) to produce a document or thing in the possession, custody or control
of the person.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
(2) The chief surveyor may give the surveyor whose actions are being
inquired into, or the surveyor’s lawyer, leave, subject to any
condition—
(a) to inspect a document or thing produced under this section;
and
(b) to make copies of, or take extracts from, a produced document for the
inquiry.
(3) A person is taken to have complied with a requirement under subsection
(1) (c) if the person gives the document or thing to the chief surveyor before
the date stated in the requirement.
(4) The chief surveyor may set aside a requirement under
subsection (1).
36 Failing
to attend and failing to produce document or thing
(1) A person commits an offence if––
(a) the person is required under section 35 to appear before an inquiry on
a stated date––
(i) to give evidence; or
(ii) to give evidence and produce a document or thing in the possession,
custody or control of the person; or
(iii) to produce a document or thing in the possession, custody or control
of the person; and
(b) the person––
(i) fails to attend as required; or
(ii) fails to produce the document or thing as required.
Maximum penalty: 50 penalty units.
Note The Legislation Act, s 170 and s 171 deal with the application
of the privilege against selfincrimination and client legal privilege.
(2) This section does not apply if the person has a reasonable
excuse.
37 Confidentiality
and client communications
(1) This section applies if a surveyor—
(a) is required to give confidential information to the chief surveyor for
an inquiry in relation to the surveyor; or
(b) believes on reasonable grounds that it is necessary to give
confidential information to the chief surveyor to explain an act or omission of
the surveyor.
(2) The surveyor is not civilly liable for giving the information to the
chief surveyor.
(3) In this section:
confidential information, in relation to a surveyor, means
information given to the surveyor by a client in confidence.
(1) A requirement made of a person under section 35 (1) (a) or (b) (Chief
surveyor may require appearance, information and documents) must be accompanied
by—
(a) an undertaking to appear to be signed by the person and returned to
the chief surveyor by the stated date; and
(b) a form to be completed by the person to claim the reasonable costs and
expenses of attendance at the inquiry.
(2) A person is not entitled to refuse to comply with the requirement only
because the requirement was not accompanied by the form.
(1) This section applies if an inquiry in relation to a surveyor has been
held.
(2) The chief surveyor must decide whether or not to take disciplinary
action against the surveyor.
(3) The chief surveyor may take disciplinary action against the surveyor
if satisfied on reasonable grounds that a ground for disciplinary action is
established in relation to the surveyor.
(4) If the chief surveyor may take disciplinary action against the
surveyor, the chief surveyor may do 1 or more of the following:
(a) reprimand the surveyor;
(b) require the surveyor to complete a stated course of training to the
satisfaction of the chief surveyor;
(c) suspend the surveyor’s registration for not longer than 3
years;
(d) cancel the surveyor’s registration;
(e) cancel the surveyor’s registration and disqualify the surveyor
from applying for registration for a stated period or until a stated thing
happens.
(5) If the chief surveyor decides not to take disciplinary action against
the surveyor, the chief surveyor must, by written notice given to the surveyor,
tell the surveyor about the decision.
(6) If the chief surveyor decides to take disciplinary action against the
surveyor—
(a) the chief surveyor must, by written notice given to the surveyor, tell
the surveyor about the decision; and
(b) the disciplinary action takes effect—
(i) when the notice is given to the surveyor; or
(ii) if the notice states a later date of effect—on the stated
date.
40 Giving
local registering authorities information about some disciplinary
action
(1) This section applies if the chief surveyor suspends or cancels a
surveyor’s registration or disqualifies a surveyor from applying for
registration.
(2) The chief surveyor must give each local registering authority the
following information in relation to the surveyor:
(a) the name and any other identifying details of the surveyor;
(b) a short description of the disciplinary ground the disciplinary action
was based on;
(c) whether the registration has been suspended or cancelled 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;
(f) when the disciplinary action takes effect.
(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.
Division
3.4 Other regulatory
action
41 Voluntary
cancellation of registration
The chief surveyor 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 chief surveyor or satisfies the chief surveyor that the certificate has been
lost, stolen or destroyed; and
(c) the chief surveyor has no ground for believing that the surveyor has
contravened, or is contravening, this Act.
42 Inquiries
about registered addresses
(1) The chief surveyor 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 chief surveyor 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 chief surveyor may cancel the
surveyor’s registration.
43 Return
of registration certificate on cancellation and suspension
(1) This section applies to a person whose registration is suspended or
cancelled.
(2) The chief surveyor may, by written notice, require the person to
return to the chief surveyor, 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.
Part
4 The practice of
surveying
Division
4.1 Interpretation—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.
Division
4.2 Power of entry and
damage
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.
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.
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.
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 (see Legislation Act, s 177).
49 Only
surveyors to carry out surveys
A person commits an offence if––
(a) the person is not a surveyor; and
(b) the person carries out a survey; and
(c) the person is reckless about whether the person is carrying out a
survey.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
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.
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).
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.
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 chief surveyor.
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).
54 Surveyors
to give evidence of field procedures to chief surveyor
(1) The chief surveyor may, in writing, require a surveyor to give the
chief surveyor stated evidence of field procedures that the chief surveyor
reasonably needs to exercise the chief surveyor’s functions under this Act
or another territory law.
Note Territory laws that give functions to the chief surveyor
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 chief surveyor 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.
Division
4.4 Chief surveyor practice
directions
55 Chief
surveyor practice directions
(1) The chief surveyor 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 chief surveyor 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.
56 Exemptions
from practice directions
(1) The chief surveyor may, in writing, exempt a surveyor from a stated
requirement of a practice direction if satisfied in all the circumstances that
it is not reasonably practicable for the surveyor to comply with the
direction.
(2) An exemption may be subject to any condition decided by the chief
surveyor.
(3) An exemption that is subject to a condition does not have effect if
the condition is not complied with.
57 Surveyors
to comply with practice directions
A surveyor must comply with each practice direction that applies to the
surveyor.
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.
59 Appointment
of chief surveyor
(1) The chief executive must appoint a public servant as the Chief
Surveyor.
(2) However, the chief executive 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).
60 Functions
of chief surveyor
(1) The chief surveyor 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 chief surveyor’s functions under this Act
or another territory law.
(2) The chief surveyor has any other function given to the chief surveyor
under this Act or another territory law.
Note 1 Territory laws that give functions to the chief surveyor
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).
61 Delegation
by chief surveyor
The chief surveyor may delegate the chief surveyor’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.
Part
6 Advisory
committee
62 Establishment
of advisory committee
The survey practice advisory committee is established.
63 Advisory
committee functions
(1) The advisory committee has the following functions of advising the
chief surveyor:
(a) in relation to anything about the practice of surveying if asked by
the chief surveyor;
(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).
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 chief surveyor;
(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.
65 Minister
to appoint advisory committee members
(1) The Minister must appoint the advisory committee members (other than
the chief surveyor).
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.
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.
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 chief surveyor 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.
68 Advisory
committee––chair
The chief surveyor is the chair of the advisory committee.
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 chief surveyor 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.
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.
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.
72 Advisory
committee to keep minutes
The advisory committee must keep minutes of its meetings.
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.
74 Ending
appointment of advisory committee members
(1) This section applies to an advisory committee member other than the
chief surveyor.
(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).
Part
7 Review of
decisions
Each of the following decisions of the chief surveyor is a reviewable
decision:
(a) refusing to register a person under section 8;
(b) cancelling a registration under section 23;
(c) suspending a registration under section 29;
(d) reprimanding a surveyor under section 39 (4) (a);
(e) requiring a surveyor to complete a course of training under section 39
(4) (b);
(f) suspending a registration under section 39 (4) (c);
(g) cancelling a registration under section 39 (4) (d);
(h) cancelling a registration and disqualifying a surveyor from applying
for registration under section 39 (4) (e);
(i) refusing to cancel a registration under section 41;
(j) cancelling a registration under section 42 (3);
(k) refusing to give an exemption under section 56;
(l) giving an exemption under section 56 that is subject to a
condition.
Application may be made to the AAT for review of a reviewable
decision.
77 Notice
of reviewable decisions
(1) If the chief surveyor makes a reviewable decision, the chief surveyor
must give written notice of the decision to each person affected by the
decision.
(2) The notice must be in accordance with the requirements of the code of
practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
78 Evidentiary
certificates
(1) The chief surveyor 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.
(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.
(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.
(1) The chief surveyor may approve forms for this Act.
(2) If the chief surveyor 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.
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.
83 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
In this part:
commencement day means the day this Act commences.
repealed Act means the Surveyors Act 2001.
(1) The Surveyors Act 2001 A2001-2 is repealed.
(2) The following legislative instruments are repealed:
(a) Surveyors (Fees) Determination 2006 (No 1)
DI2006-160;
(b) Surveyors (Commissioner for Surveys) Appointment 2005
(No 1) DI2005-42.
86 Survey
practice directions
(1) The survey practice directions are taken to be directions issued under
this Act, section 55 (Chief surveyor practice directions).
(2) If the survey practice directions have not been repealed 1 year after
commencement day, they are repealed 1 year after commencement day.
(3) In this section:
survey practice directions means the survey practice
directions determined by the Minister in the Surveyors Practice Directions
Determination 2003 (No 1) DI2003-118, as in force under the repealed Act
immediately before commencement day.
87 Surveyors
registered under repealed Act
(1) A person who was registered under the repealed Act immediately before
commencement day is taken to be registered under this Act.
(2) The information about the person in the register under the repealed
Act must be included in the surveyors register.
(3) The chief surveyor may ask the person for any information in relation
to the person that is required to be included in the surveyors register that was
not included in the register under the repealed Act.
(4) The person must give the chief surveyor the information
requested.
Note A failure to comply with this section is a ground for
disciplinary action.
(5) Information given to the chief surveyor under this section must be
included in the surveyors register.
(6) To remove any doubt—
(a) this section applies whether or not the person had a registration
certificate under the repealed Act; and
(b) the person need not be eligible to be registered under this Act to be
registered under this section.
88 Suspended
registration
(1) This section applies if, immediately before commencement day, a
person’s registration under the repealed Act was suspended.
(2) The person’s registration under this Act is taken to be
suspended until the time the suspension would have ended if the repealed Act had
not been repealed.
89 Action
under repealed Act etc
(1) This section applies if—
(a) the commissioner for surveys had started to take action in relation to
a surveyor under—
(i) the repealed Act, section 25 (Voluntary cancellation of registration),
section 27 (Inquiries about registered addresses) or section 28 (Surrender of
certificate on cancellation or suspension of registration); or
(ii) the repealed Act, part 4 (Disciplinary provisions); and
(b) immediately before commencement day, the action had not
finished.
(2) The action may be continued under this Act as if it had been started
under this Act.
(3) If something required to be done under this Act for part 3 (Regulatory
action) has not been done because it was not required to be done under the
repealed Act—
(a) the failure to do the thing does not affect the action being taken;
and
(b) the chief surveyor may take any action the chief surveyor considers
necessary or desirable to facilitate dealing with the action under this
Act.
90 Inquiry
under repealed Act
(1) This section applies if—
(a) an inquiry had been begun under the repealed Act; and
(b) immediately before commencement day, the inquiry had been finished but
no action had been taken in relation to the findings of the inquiry.
(2) The inquiry is taken to have been an inquiry under this Act.
91 Grounds
for disciplinary action—s 26
In section 26:
this Act, in relation to a contravention, includes the
repealed Act.
92 Evidentiary
certificates––repealed Act
(1) The chief surveyor 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 under the repealed Act; and
(b) if the person was registered—including details of the
person’s registration under the repealed Act.
(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.
93 Redistribution
committee––Electoral Act 1992
(1) This section applies if––
(a) a redistribution committee is established under the Electoral Act
1992, section 39 with the commissioner for surveys as a member;
and
(b) immediately before commencement day, the committee has not been
dissolved under that Act.
(2) To remove any doubt, on and after commencement day, the chief surveyor
is a member of the redistribution committee instead of the commissioner for
surveys.
(3) In this section:
commissioner for surveys means the commissioner for surveys
under the repealed Act, section 5.
94 Transitional
regulations
(1) A regulation may prescribe transitional matters necessary or
convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part (including in relation to
legislation mentioned in schedule 1) to make provision in relation to anything
that, in the Executive’s opinion, is not, or not adequately, dealt with in
this part.
(3) A regulation under subsection (2) has effect despite anything else in
this Act or another territory law.
This part expires 1 year after commencement day.
Schedule
1 Consequential
amendments
(see s 83)
Part
1.1 Districts Act
2002
substitute
(4) For subsection (3) (a), the chief surveyor may certify that land
divided by the plan is correctly described only if––
(a) the boundaries of the land have been established by a registered
surveyor––
(i) by survey; or
(ii) for land that the plan divides into districts or divisions or that
the chief surveyor is satisfied is to be the subject of a holding
lease––by reference to information in the digital cadastral
database; and
(b) the plan and the information in the digital cadastral database are not
inconsistent with each other.
substitute
(1) The planning and land authority must keep an electronic database of
information about land in the ACT (the digital cadastral
database).
omit
commissioner for surveys
substitute
planning and land authority
[1.4] Further
amendments, references to commissioner for surveys
omit
commissioner for surveys
substitute
chief surveyor
in
• section 7 (3)
• section 18
• dictionary, note 2
Part
1.2 Electoral Act
1992
substitute
(c) the chief surveyor; and
insert
(5) The chief surveyor is not subject to direction from anyone (other than
the electoral commissioner, for the efficient functioning of the redistribution
committee) in the exercise of the chief surveyor’s functions as a member
of the committee.
insert
(3) The chief surveyor is not subject to direction from anyone (other than
the electoral commissioner, for the efficient functioning of the augmented
commission) in the exercise of the chief surveyor’s functions as a member
of the augmented commission.
Part
1.3 Land Titles Act
1925
omit
commissioner for surveys
substitute
chief surveyor
Part
1.4 Legislation Act
2001
[1.9] Dictionary,
part 1, new definition of chief surveyor
insert
chief surveyor means the Chief Surveyor under the
Surveyors Act 2007.
[1.10] Dictionary,
part 1, definition of commissioner for surveys
omit
[1.11] Dictionary,
part 1, definition of registered surveyor
omit
Surveyors Act 2001
substitute
Surveyors Act 2007
(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:
• AAT
• appoint
• business day
• exercise
• found guilty
• function
• public servant
• State
• 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.
chief surveyor means the Chief Surveyor appointed under
section 59.
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.
disciplinary action means action the chief surveyor may take
under section 39 (4).
disciplinary notice, for division 3.3 (Disciplinary
action)—see section 27.
field procedures means field notes, records, measurements or
calculations.
ground for disciplinary action—see section
26.
inquiry, for division 3.3 (Disciplinary
action)––see section 25.
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—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 (Disciplinary action)––see section 25;
and
(c) for part 4 (The practice of surveying)—see section 44.
surveyors register means the surveyors register mentioned in
section 11.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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