Land Valuers Act 2001

Land Valuers Act 2001

This Act may be cited as the Land Valuers Act 2001.

Section 22 commences on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act commence on a day to be proclaimed.

In this Act, unless the contrary intention appears – accredited course means – a degree (Undergraduate 1); or a tertiary qualification – if the degree or qualification is approved by the Australian Property Institute or by any other organisation representing the professional interests of land valuers in Tasmania and includes any other course that is approved by that Institute or organisation as being of equivalent standard to any such degree or qualification;Australian Property Institute means the incorporated association established to represent professional land valuers and other property professionals in Tasmania; authorised officer means the Director or a person declared to be, or appointed as, an authorized officer under the Consumer Affairs Act 1988;Board means the Valuers Registration Board established under the repealed Act; commencement day means the day fixed under section 2(2); court means the Magistrates Court; Director means the Director of Consumer Affairs and Fair Trading; director of a body corporate includes – a person occupying or acting in the position of director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy, or duly authorised to act in, the position; and any person in accordance with whose directions or instructions the directors or members of the governing body of the body corporate are accustomed to act; document includes – a book, plan, paper, parchment or other material on which there is writing or printing, or on which there are marks, symbols or perforations having a meaning for persons qualified to interpret them; and a disk, tape, paper or other device from which sounds or messages are capable of being reproduced; land includes – messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest in them), together with all structures, paths, passages, ways, waters, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals and quarries and all trees and timber on land or lying or being under land; and any structure which is above land but permanently anchored to, or otherwise kept in place above, the land; land valuer means a person who carries on the business, or is engaged in the business, that consists of or involves valuing land and, for the purposes of Part 2, includes a person who was at any time registered under the repealed Act; repealed Act means the Valuers Registration Act 1974.

For the purposes of the definition of "land" in subsection (1), a person who has a licence to enter or remain on land is taken to have an interest in the land.

Where the Australian Property Institute ceases to exist, or ceases to exist under that name, the Governor may, by order, amend this Act by substituting for that Institute the name of any other organisation which the Governor is satisfied represents the interests of land valuers in Tasmania.

A natural person must not carry on business, or hold himself or herself out, as a land valuer unless he or she has satisfactorily completed an accredited course and has the required practical experience as determined by the Australian Property Institute or any other organisation representing the interests of land valuers in Tasmania. Fine not exceeding 200 penalty units and a further penalty not exceeding 5 penalty units for each day during which the offence continues after conviction.

Subsection (1) does not apply to a person who was immediately before the commencement day – a registered valuer under the repealed Act and whose registration was not suspended under that Act; and subject to any restricted registration under that Act so long as he or she is practising in accordance with that restriction.

A land valuer that is a body corporate must ensure that the valuer's business is properly managed and supervised by a natural person who –

has satisfactorily completed an accredited course and has the required practical experience as determined by the Australian Property Institute or any other organisation representing the interests of land valuers in Tasmania; or was, immediately before the commencement day, a registered valuer under the repealed Act and whose registration was not suspended under that Act; or if he or she was, immediately before the commencement day, subject to any restricted registration under the repealed Act, is practising in accordance with that restriction.

Fine not exceeding 200 penalty units and a further penalty not exceeding 5 penalty units for each day during which the offence continues after conviction.

The Director may receive a complaint – relating to this Act with respect to the conduct of a land valuer; or relating to the conduct of a land valuer where the conduct occurred before the commencement day.

On receipt of a complaint under subsection (1)(a) relating to a land valuer, the Director must consider whether there are grounds for disciplinary action against the land valuer under section 9.

On receipt of a complaint under subsection (1)(b) relating to a land valuer, the Director must consider whether there are grounds for disciplinary action against the land valuer under section 9(b) or (c).

The Director may conduct an investigation required for the exercise of powers or the discharge of duties under this Part.

For the purposes of an investigation into the conduct of a land valuer where the conduct occurred before the commencement day – the Director may rely on the results of any investigation made by the Board before that day and any findings made by the Board in that investigation; and any evidence obtained by the Board for any such purpose is taken to have been obtained by the Director.

For the purposes of this Part, the Director may consult with the Valuer-General or his or her nominee and a land valuer nominated by the Australian Property Institute.

There are grounds for disciplinary action against a land valuer if –

the land valuer has acted contrary to the Australian Consumer Law (Tasmania) Act 2010 after the commencement day; or the land valuer has acted unlawfully, improperly, negligently or unfairly in the course of carrying on, or being employed or otherwise engaged in, the business of a land valuer; or the land valuer has been found guilty of an offence involving fraud or dishonesty that is punishable on conviction by imprisonment for 3 months or more.

A prosecution for an offence under this Act –

may be instituted by an authorised officer; and must be commenced within 3 years after the commission of the alleged offence and within 6 months after the authorised officer first obtains knowledge of the alleged offence.

Where the Director determines that there are grounds for taking disciplinary action against a land valuer, the Director may, by order, do one or more of the following:prohibit the land valuer from carrying on business as a land valuer; prohibit the land valuer from being employed or otherwise engaged in the business of a land valuer; prohibit the land valuer from being a director of a body corporate that is a land valuer; reprimand the land valuer; require the land valuer to pay the reasonable costs of the hearing or any investigation conducted for the purposes of the hearing, or both.

The Director may order that a prohibition is to apply – permanently; or for a specified period; or until the fulfilment of any conditions specified in the order; or until further order.

An order may provide that it is to have effect at a specified time and impose conditions as to the conduct of the land valuer who is subject to the order or that person’s business until that time.

An order takes effect on the day on which it is served on the land valuer to whom it relates.

If an amount ordered to be paid by a land valuer as costs under subsection (1)(e) is not paid as directed by the order, that amount may be recovered by the Director as a debt due to the Crown in any court of competent jurisdiction.