Proper cause for disciplinary action
34 Proper cause for disciplinary action
A surveyor is liable to be disciplined if the surveyor—
has been guilty of conduct that constitutes a breach of this Act or has contravened or failed to comply with survey instructions in force under this Act; or
has obtained a licence or registration under this Act improperly;
or
has failed to exercise proper care in carrying out a survey, establishing survey marks or in the preparation of a plan or record of a survey; or
has, in the course of surveying practice—
been guilty of conduct that constitutes a breach of any other Act or law punishable by imprisonment for a period of one year or more;
or
been guilty of improper or unethical conduct, incompetence or negligence.
A surveying services provider is liable to be disciplined if—
the provider has contravened or failed to comply with a provision of this Act; or
in the case of a surveying services provider that is a trust or corporate entity—the occupier of a position of authority in the trust or corporate entity has contravened or failed to comply with a provision of this
Act.
The occupier of a position of authority in a trust or corporate entity that is a surveying services provider is liable to be disciplined if—
the person has contravened or failed to comply with a provision of this Act; or
the trust or corporate entity has contravened or failed to comply with a provision of this Act (unless it is proved that the person could not, by the exercise of reasonable care, have prevented the commission of the offence by the entity).
Disciplinary action may be taken under this Division against—
a person who was licensed or registered as a surveyor when the cause for disciplinary action arose but has since ceased to be licensed or registered as a surveyor; or
a surveying services provider who was a provider when the cause for disciplinary action arose but has since ceased to be a surveying services provider; or
the occupier of a position of authority in a trust or corporate entity that is a surveying services provider who was the occupier of the position of authority when the cause for disciplinary action arose but has since ceased to be the occupier of the position.
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