reg 1Citation
These regulations are the Architects Regulations 2005.
These regulations are the Architects Regulations 2005.
These regulations come into operation on the day on which the Architects Act 2004 comes into operation.
In these regulations —
registered address, in relation to a registered person or licensed corporation, means the address that is recorded in the register in respect of the person or corporation;
return day means the day set by the Board as the last day for the return of the voting papers for an election under regulations 8 and 9;
section means section of the Act.
The following bodies are prescribed for the purposes of section 7(1)(b) —
the Royal Australian Institute of Architects;
the Association of Consulting Architects — Australia;
the University of Western Australia;
the Curtin University of Technology.
The Board is to call for the nomination of registered persons as candidates for election to the office of a Board member under section 7(1)(c) that —
is due to become vacant because the member’s term of office is about to expire by the passage of time; or
becomes vacant under Schedule 1 clause 3 of the Act.
For the purposes of subregulation (1) the Board must send to each registered person —
a nomination paper, in a form approved by the Board, for the registered person to nominate himself or herself as a candidate for election to the office; and
written notice —
of the number of members to be elected under section 7(1)(c) in the particular election; and
of the period for which the successful candidate is to hold office; and
of the time by which nominations are to be received by the Board; and
of the return day; and
that a nomination will not be accepted unless the candidate provides, for inclusion with the voting papers, a statement about the nominee’s qualifications, experience and reasons for nomination.
The nomination paper and notices are to be sent to the registered person’s registered address —
in the case of an office mentioned in subregulation (1)(a), at least 60 days before the day on which the term of office is due to expire; or
in the case of an office mentioned in subregulation (1)(b), as soon as is practicable after the office becomes vacant.
[Regulation 5 amended: SL 2022/121 r. 4.]
The Board is to prepare a list of candidates for election from the nominations made under regulation 5.
The Board is not to include a person’s name in the list if —
the person has not signed the nomination form; or
the nomination was not received by the time mentioned in regulation 5(2)(b)(iii); or
the person has not provided a statement mentioned in regulation 5(2)(b)(v); or
the person is not eligible for election because of section 7(5)(a) or (b).
If the number of names in the list of candidates exceeds the number of members to be elected the Board is to send a voting paper for an election to each registered person.
The voting paper is to be sent to the registered person’s registered address at least 14 days before the return day.
The voting paper is to contain —
the list of candidates; and
notice of the number of members to be elected under section 7(1)(c) in the particular election; and
notice of the return day; and
instructions on how the elector is to record his or her vote; and
notice that the vote will not be counted if it is not received by the Board by the return day.
The voting paper is to be in a form approved by the Board and signed by the registrar or the chairperson of the Board.
As soon as is practicable after the return day the registrar and at least one other person are to —
open and examine the votes received by the Board on or before the return day; and
count the votes that have been correctly recorded in accordance with the instructions mentioned in regulation 7(3)(d).
The Board is to check the registrar’s examination and counting of the votes as soon as is practicable after the registrar has counted the votes.
If 2 or more candidates receive the same number of votes the members of the Board who are also registered persons may, by simple majority, select one of their number to have a casting vote to resolve the matter in respect of those candidates.
If the number of names in the list of candidates does not exceed the number of members to be elected —
it is not necessary to conduct an election under regulations 7 and 8; and
each candidate in the list of candidates is to be taken to be elected at the time by which nominations are to be received by the Board; and
if a vacancy remains, the members of the Board who are also registered persons may, by simple majority, select one of their number to elect a registered person to fill the vacancy and that person is to be taken to be elected at the time the Board receives the person’s acceptance of his or her election under this regulation.
The Board must publish on a website maintained by or on behalf of the Board the names of the persons —
who are elected under regulations 7 and 8; or
who, under regulation 9(b) or (c), are to be taken to be elected.
[Regulation 10 amended: SL 2021/7 r. 4.]
A registered person must not vote more than once in an election under this Division.
Penalty: a fine of $2 000.
In subregulation (1) —
vote does not include a casting vote under regulation 8(3) or the election of a Board member under regulation 9(c).
For the purposes of section 29(b), the requirements in relation to a natural person are that the person —
either —
holds a qualification obtained as a result of the successful completion of an architectural education course that has been accredited by the Board under section 10(c); or
holds a qualification that in the opinion of the Board is equivalent to such a qualification (after having regard to the advice of the Architects Accreditation Council of Australia where relevant); or
has otherwise attained a standard in relation to the practice of architecture that is acceptable to the Board (after having regard to the advice of the Architects Accreditation Council of Australia where relevant);
and
has been assessed as eligible to sit, and has passed, the examinations mentioned in regulation 13; and
has not been convicted of an offence, whether in this State or elsewhere, the nature of which renders the person unfit to be a registered person; and
is otherwise a fit and proper person.
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