Whole Act
118 provisions in continuous reading order
Loading the complete Act…
The main purposes of the Act are—
to provide for the registration of architects;
S. 1(b) substituted by No. 35/2004 s. 4(1).
to provide for the approval of partnerships and companies providing architectural services;
to regulate the professional conduct of architects;
to provide a procedure for handling complaints against architects;
S. 1(e) substituted by No. 35/2004 s. 4(2).
to regulate the use of the terms "architect", "architectural services", "architectural design services" and "architectural design";
to establish the Architects Registration Board of Victoria.
This Act comes into operation on a day or days to be proclaimed.
S. 3 amended by No. 72/2001 s. 3(Sch. item 1.2) (ILA s. 39B(1)).
In this Act—
approved means approved by the Board;
S. 3(1) def. of approved architectural company substituted as approved company by No. 35/2004 s. 5(1).
approved company means a company that is approved under section 14;
S. 3(1) def. of approved architectural partnership substituted as approved partnership by No. 35/2004 s. 5(2).
approved partnership means a partnership that is approved under section 13;
S. 3(1) def. of architect substituted by No. 35/2004 s. 5(3), amended by No. 1/2023 s. 22(2).
architect, except in Part 2, means a natural person who is registered as an architect under section 11;
Note
Section 42H(1) of the Mutual Recognition Act 1992 of the Commonwealth provides that a reference in the law of the second State to a person registered (however described) for the second State occupation includes a reference to a person who has automatic deemed registration to carry on an activity covered by that occupation. Section 42H(2)(a) of that Act provides that a person who has automatic deemed registration in a State is taken to have had the registration conferred by the operation of the law of the State.
S. 3(1) def. of automatic deemed registration inserted by No. 1/2023 s. 22(1).
automatic deemed registration has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
Board means the Architects Registration Board of Victoria;
S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 1.1), repealed by No. 35/2004 s. 5(4).
* * * * *
S. 3(1) def. of fit and proper person statement inserted by No. 43/2024 s. 44.
fit and proper person statement, in Division 3 of Part 3, means a written statement in accordance with section 15C;
S. 3(1) def. of proof of CPD compliance inserted by No. 43/2024 s. 44.
proof of CPD compliance, in Division 3 of Part 3, means written proof of compliance with continuing professional development requirements under section 15B;
S. 3(1) def. of proof of required insurance inserted by No. 43/2024 s. 44.
proof of required insurance, in Division 3 of Part 3, means written proof of required insurance under section 15A;
Register means the Register of Architects;
S. 3(1) def. of represent inserted by No. 35/2004 s. 5(5).
represent in Part 2, includes claim and hold out;
S. 3(1) def. of required insurance inserted by No. 35/2004 s. 5(5).
required insurance means the insurance required by order under section 17A;
S. 3(1) def. of second State inserted by No. 1/2023 s. 22(1).
second State has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of second State occupation inserted by No. 1/2023 s. 22(1).
second State occupation has the same meaning as in section 4(1) of the Mutual Recognition Act 1992 of the Commonwealth;
S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. 1 item 1.1), repealed by No. 35/2004 s. 5(4).
* * * * *
this Act includes the regulations made under this Act.
S. 3(2) inserted by No. 72/2001 s. 3(Sch. item 1.2), repealed by No. 35/2004 s. 5(6).
* * * * *
Pt 2 (Heading and ss 4–8) substituted as Pt 2 (Heading and ss 4-8D) by No. 35/2004 s. 6.
Part 2—Prohibited conduct
S. 4 substituted by No. 35/2004 s. 6.
A natural person must not represent himself or herself to be an architect and must not allow himself or herself to be represented to be an architect unless he or she is registered as an architect under this Act.
- 60 penalty units.
A person must not represent a natural person to be an architect if the person knows or ought reasonably to know that the natural person is not registered as an architect under this Act.
- 60 penalty units.
S. 5 substituted by No. 35/2004 s. 6.
A body (other than a body corporate) must not represent itself to be an architect and must not allow itself to be represented to be an architect unless it is an approved partnership.
If a body fails to comply with subsection (1), each member of the body is guilty of an offence and liable to a penalty not exceeding 60 penalty units.
A person must not represent a body (other than a body corporate) to be an architect if the person knows or ought reasonably to know that the body is not an approved partnership.
- 60 penalty units.
S. 6 substituted by No. 35/2004 s. 6.
A body corporate must not represent itself to be an architect and must not allow itself to be represented to be an architect unless it is an approved company.
- 60 penalty units.
A person must not represent a body corporate to be an architect if the person knows or ought reasonably to know that the body corporate is not an approved company.
- 60 penalty units.
S. 7 substituted by No. 35/2004 s. 6.
Without limiting the ways in which a person or body can be considered to be represented to be an architect, using any of the following titles, names or descriptions constitutes such a representation—
the title "architect";
any other title, name or description that indicates, or is capable of being understood to indicate, or is calculated to lead a person to infer, that the person or body is an architect or is registered or approved under this Act.
Without limiting the ways in which a person can be considered to be represented to be an architect, a representation that the person provides the services of an architect constitutes a representation that the person is an architect.
Without limiting the ways in which a body can be considered to be represented to be an architect, a representation that the body—
consists of or comprises one or more architects; or
provides the services of an architect; or
is registered or approved under this Act—
constitutes a representation that the body is an architect.
Without limiting the ways in which a person or body can be considered to be represented to be an architect, the making or publication of a statement or document that states or implies that the person or body—
is an architect; or
practises as an architect; or
undertakes or is willing to undertake work as an architect—
constitutes a representation that the person or body is an architect.
S. 8 substituted by No. 35/2004 s. 6.
A person or body (other than a person who is registered as an architect under this Act or an approved partnership or an approved company) must not use any of the terms "architectural services", "architectural design services" or "architectural design" in relation to—
the design of buildings or parts of buildings by that person or body; or
the preparation of plans, drawings or specifications for buildings or parts of buildings by that person or body.
- 60 penalty units.
If a body (other than a body corporate) fails to comply with subsection (1), each member of the body is guilty of an offence and liable to a penalty not exceeding 60 penalty units.
S. 8A inserted by No. 35/2004 s. 6.
This Part does not prevent—
a person from using the title or description of "landscape architect", "naval architect" or "computer systems architect"; or
a person from using any name, title or description prescribed by the regulations in such circumstances and subject to such restrictions as are prescribed by the regulations.
Section 4 does not operate to prevent any person employed in providing architectural services as an officer or employee of the public service of Victoria or of the Commonwealth or as an officer or employee of any public statutory authority in respect of that person's employment as an officer or employee from representing himself or herself, or from being represented as, an architect.
Sections 5 and 6 do not operate to prevent a body approved by the Board under this subsection from representing itself, or from being represented, as an architect.
S. 8B inserted by No. 35/2004 s. 6.
A person must not carry out work as an architect unless that person is covered by the required insurance.
- 100 penalty units, in the case of a natural person;
500 penalty units, in the case of a body corporate.
Subsection (1) does not apply to—
persons employed by or working under the supervision of a person who is registered as an architect under this Act and who is covered by the required insurance; or
an approved company.
S. 8C inserted by No. 35/2004 s. 6.
A person who is not covered by the required insurance, must not—
represent himself or herself or itself as covered by the required insurance; or
allow himself or herself or itself to be represented as being covered by the required insurance.
- 100 penalty units, in the case of a natural person;
500 penalty units, in the case of a body corporate.
S. 8D inserted by No. 35/2004 s. 6.
An approved company must not provide architectural services unless—
a director of the company who is registered as an architect under this Act is responsible for the carrying out of the services; and
the services are carried out by or under the supervision of a person who is registered as an architect under this Act.
- 60 penalty units.
An approved partnership must not provide architectural services unless—
a member of the partnership who is registered as an architect under this Act is responsible for the carrying out of the services; and
the services are carried out by or under the supervision of a person who is registered as an architect under this Act.
If an approved partnership fails to comply with subsection (2), each member of the partnership is guilty of an offence and liable to a penalty not exceeding 60 penalty units.