Professional Engineers Act 2023

This Act is the Professional Engineers Act 2023.

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 ‘internal review notice, for part 11 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).’ means that the term ‘internal review notice’ is defined in that section and the definition applies to this Act.

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.

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 Objects and important concepts

The objects of this Act are to—

protect the public by ensuring professional engineering services are carried out by, or under the direction and oversight of, professional engineers; and

maintain public confidence in the standard of services provided by professional engineers in the ACT; and

uphold standards of practice for professional engineers in the ACT.

The objects are to be achieved by—

establishing a registration scheme for professional engineers; and

providing for the monitoring and enforcement of compliance with this Act; and

imposing obligations on people about the practice of engineering.

For this Act, professional engineer means an individual registered under this Act to carry out professional engineering services in 1 or more areas of engineering.

For this Act, professional engineering service—

means an engineering service in an area of engineering that requires, or is based on, the application of engineering principles and data—

to a design; or

to a construction, production, operation or maintenance activity, relating to engineering; but

does not include an engineering service that is provided only in accordance with a prescriptive standard.

In this section:

prescriptive standard means a document that states procedures or criteria—

for carrying out a design, or a construction, production, operation or maintenance activity, relating to engineering; and

the application of which, to the carrying out of the design, or the construction, production, operation or maintenance activity, does not require advanced scientifically based calculations.

For this Act, area of engineering—

means any of the following:

civil engineering;

electrical engineering;

fire safety engineering;

mechanical engineering;

structural engineering;

any other area of engineering prescribed by regulation; but

does not include a professional engineering service prescribed by regulation as an exempt area of engineering.

The Minister may make guidelines describing the scope of an area of engineering mentioned in subsection (1) (a).

A guideline is a notifiable instrument.

Part 3 Registrar and deputy registrars

The director‑general must appoint a public servant as the Australian Capital Territory Professional Engineers Registrar.

Note For laws about appointments, see the Legislation Act, pt 19.3.

A person must be appointed for a term not longer than 5 years.

An appointment is a notifiable instrument.

The registrar may delegate the registrar’s functions under this Act or another territory law to a public servant.

Note For laws about delegations, see the Legislation Act, pt 19.4.

The registrar may appoint a public servant as a deputy registrar.

A person must be appointed for a term not longer than 5 years.

An appointment is a notifiable instrument.

A deputy registrar may exercise the functions of the registrar (other than the power to delegate a function).

However, the registrar may—

in writing, limit the functions the deputy registrar may exercise; and

give the deputy registrar written directions about the exercise of a function.

If the registrar gives the deputy registrar written directions about the exercise of a function, the deputy registrar may only exercise the function in accordance with the directions.

Part 4 Registration of professional engineers

Division 4.1 Requirement to be registered