Use of restricted names, titles and descriptions
23G Use of restricted names, titles and descriptions
(1) Subject to subsection (2), the following names, titles or descriptions (a restricted title) may only be taken or used by a registered architect:
(a) the title of "architect", "registered architect", "architectural practitioner", "architectural consultant" or "architectural designer";
(b) another name, title or description that, in context, indicates or implies that:
(i) if taken or used by an individual – the individual is an architect; or
(ii) if taken or used in relation to a company – the company is an architectural company; or
(iii) if taken or used in relation to a partnership – the partnership is an architectural partnership.
This Part does not prohibit:
(a) a person from taking or using the title "architectural draftsman", "golf-course architect", "landscape architect", "naval architect" or "computer systems architect"; or
(b) a person who holds an architectural qualification from describing themselves as holding that qualification; or
(c) a person from taking or using a name, title or description prescribed by regulation.
An individual commits an offence if:
(a) the individual intentionally takes or uses a restricted title to describe themselves or a service the individual provides; and
(b) the individual is not an architect and the individual has knowledge of that circumstance.
Maximum penalty: 1 000 penalty units.
A company commits an offence if:
(a) the company intentionally takes or uses a restricted title to describe the company or a service the company provides; and
(b) the company is not an architectural company and the company has knowledge of that circumstance.
Maximum penalty: 5 000 penalty units.
A person commits an offence if:
the person is a partner of a partnership; and
(b) the person intentionally takes or uses a restricted title to describe the partnership or a service the partnership provides; and
(c) the partnership is not an architectural partnership and the person has knowledge of that circumstance.
Maximum penalty: 1 000 penalty units.
Strict liability applies to subsection (5)(a).
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
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