Architects Act 1963

This Act may be cited as the Architects Act 1963.

This Act shall come into operation on a date to be notified by the

Administrator by notice in the Gazette.

The objects of this Act are the following:

(b) to provide consumer protection and enhance the welfare, amenity and physical environment of communities in the Territory by ensuring architecture is practised, and architectural services are provided, by persons who are:

(c) to provide for the registration of architects, architectural partnerships and architectural companies;

(e) to regulate the professional conduct of registered architects, including by providing for:

(i) the making of codes of professional conduct to be observed by registered architects; and

(ii) the holding of inquiries in relation to registered architects; and

(iii) the making and determination of complaints against registered architects;

(f) to regulate the use of the terms "architect", "architecture" and "architectural".

In this Act:

approved means approved by the Board.

architect means an individual who is registered as an architect.

architectural company means a company which is registered as an architectural company.

architectural partnership means a partnership which is registered as an architectural partnership.

architectural service means a service provided in connection with the design, planning or construction of buildings that is ordinarily provided by architects.

Board means the Northern Territory Architects Board constituted by this Act.

Chairperson means Chairperson of the Board.

code of professional conduct means a code of professional conduct made and published by the Board under section

5C.

continuing professional development requirements, see section 18(1).

Deputy Chairperson means Deputy Chairperson of the

Board.

Institute means the Australian Institute of Architects.

member means a member of the Board.

practise, and similar expressions, in relation to architecture, refer to practising architecture as a principal for fee or reward or as an employee as defined in the Public Sector

Employment and Management Act 1993 or as an officer of the

Public Service of the Commonwealth, or as an employee of any statutory authority constituted for public purposes.

Register means the Register kept under section 16.

registered means:

Recognition Act 1992 of the Commonwealth or the Trans-Tasman

Mutual Recognition Act 1997 of the Commonwealth; or

Trans-Tasman Mutual Recognition Act 1997 of the

Commonwealth.

registered architect means an architect, architectural partnership or architectural company.

Registrar means the Registrar of the Board.

represent, for Part 6, see section 23F.

Note for section 4

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(1) A prescribed insurance policy is an insurance policy that:

(a) is in effect in respect of civil liability that may be incurred for anything done or omitted to be done in the course of providing architectural services; and

(2) Without limiting subsection (1)(b), the regulations may provide for:

(a) the kinds of insurance policy by which a registered architect, or a class of registered architect, may be covered; and

(b) the amount of insurance by which a registered architect, or a class of registered architect, is required to be covered; and

(c) terms and conditions that may not be included in the insurance policy.

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 4B

Part IIAA of the Criminal

Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

(a) to determine applications for the registration, and for the renewal of the registration, of architects, architectural partnerships and architectural companies;

(c) to recommend to the Architects Accreditation Council of Australia courses conducted in the Territory which, in the Board's opinion, are suitable for qualifying persons to practise architecture;

(d) to hold inquiries and deal with complaints under this Act in relation to registered architects;

(e) to perform any other functions conferred on it by this or any other Act.

(2) For the purposes of the Mutual Recognition Act 1992 of the Commonwealth and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth, the Board is the local registration authority for applications for registration under those Acts relating to registering persons as architects under the law of the Territory.

(1) The Board has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of its functions.

The Board may delegate any of the Board's powers and functions under this Act to:

(1C) The Minister must, by notice in the Gazette, appoint the members.

(a) the Minister is satisfied that the person is a fit and proper person to be a member; and

(2) At least one of the members of the Board must be an architect practising as a principal for fee or reward and a person nominated by those members of the Institute who reside and practise in the Territory.

(3) If a vacancy occurs on the Board, whether by expiration of the term of a member or otherwise, the Minister must appoint a member to fill the vacancy.

(4) The members of the Board must elect from among themselves a Chairperson and a Deputy Chairperson each to hold office during the pleasure of the Board.

(5) The Chairperson or, in the Chairperson's absence, the Deputy Chairperson, is the executive officer of the Board.