ARCHITECTS ACT 1963

NORTHERN TERRITORY OF AUSTRALIA ARCHITECTS ACT 1963 As in force at 26 August 2025 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Objects ............................................................................................ 1 4 Definitions ........................................................................................ 2 4A Meaning of prescribed insurance policy .......................................... 3 4B Application of Criminal Code ........................................................... 4 Part 2 Administration 5 The Board ........................................................................................ 4 5A Functions of Board .......................................................................... 4 5B Powers of Board .............................................................................. 5 5C Codes of professional conduct ........................................................ 5 5D Delegation ....................................................................................... 5 6 Members of Board ........................................................................... 5 7 Tenure of office................................................................................ 6 9 Temporary appointments ................................................................. 6 10 Vacancy in office ............................................................................. 7 11 Meetings of Board ........................................................................... 7 11A Disclosure of interest ....................................................................... 8 11B The Registrar ................................................................................... 8 Part 3 Registration Division 1 Registration of architects, architectural partnerships and architectural companies 12 Applications for registration ............................................................. 9 13 Eligibility for registration as architect ............................................... 9 13A Eligibility for registration as architectural partnership ..................... 10 13B Eligibility for registration as architectural company ........................ 10 14 Determination of application for registration .................................. 11 14A Giving effect to Board's decision and certificates of registration .... 12 14B Duration of registration .................................................................. 12 Division 2 Renewal of registration 15 Applications for renewal of registration .......................................... 13 -- 1 of 54 -- Architects Act 1963 ii 15A Registration continues in force pending determination of application for renewal of registration ............................................ 13 15B Determination of application for renewal of registration ................. 14 15C Board to issue new certificate of registration ................................. 15 Division 3 Register 16 Register ......................................................................................... 15 16A Amendment of Register ................................................................. 16 16B Removal from Register .................................................................. 16 Division 4 Miscellaneous matters 17 Architects to be covered by prescribed insurance policy ............... 17 17A Information relating to insurance ................................................... 18 18 Continuing professional development requirements ...................... 19 19 Compliance with codes of professional conduct ............................ 19 19A False or misleading statement or document .................................. 19 19B Registered architect to notify Board of changes to details ............. 20 19C Board may require certificate of registration to be delivered on cancellation of registration ............................................................. 20 Part 4 Cancellation of registration 20 Grounds for cancellation of registration of architect....................... 21 20A Grounds of cancellation of registration of architectural partnership..................................................................................... 22 20B Dissolution of architectural partnership upon death or cessation ....................................................................................... 22 20C Grounds for cancellation of registration of architectural company ........................................................................................ 23 21 Inquiry to be held ........................................................................... 23 22 Determination of inquiry ................................................................. 24 Part 5 Complaints 23A Making complaint........................................................................... 25 23B Board to give registered architect opportunity to reply to complaint ....................................................................................... 25 23C Consideration and investigation of complaint ................................ 25 23D Determination of complaint ............................................................ 26 23E Publication of determinations and actions taken on complaint ...... 27 Part 6 Offences 23F Definition........................................................................................ 27 23G Use of restricted names, titles and descriptions ............................ 27 23H Representing unregistered individual to be architect ..................... 29 -- 2 of 54 -- Architects Act 1963 iii 23J Representing unregistered company to be architectural company ........................................................................................ 29 23K Representing unregistered partnership to be architectural partnership..................................................................................... 30 23L Providing architectural services without prescribed insurance policy ............................................................................................. 30 23M Contravention of conditions of registration .................................... 30 Part 7 Miscellaneous matters 24 Review by NTCAT ......................................................................... 31 26 Administration of estate of deceased architect .............................. 31 27 Power to require person to give evidence or produce documents or evidentiary material ................................................. 31 28 Power to examine on oath ............................................................. 32 30 Failure to comply with summons ................................................... 32 31 Refusal to take oath or give evidence ............................................ 33 32 Protection of witnesses .................................................................. 33 33 Allowances to witnesses ................................................................ 33 34 False or misleading evidence ........................................................ 34 35 Board may inspect documents ...................................................... 34 35A Offence to disclose certain information .......................................... 34 36 Moneys received to be paid into the Northern Territory government account ...................................................................... 35 37 Protection from liability .................................................................. 35 40 Board to furnish reports ................................................................. 36 41 Regulations.................................................................................... 36 Part 8 Transitional matters for Architects Amendment Act 2023 42 Definitions ...................................................................................... 36 43 Application of amendments to existing registered architects ......... 36 44 Transitional matters for Register.................................................... 37 45 Applications for registration not determined before commencement ............................................................................. 38 46 NTCAT review limited to decisions made after commencement.... 38 47 Appeals to Supreme Court not commenced or determined before commencement .................................................................. 38 48 Applications for review not made or determined before commencement ............................................................................. 39 49 Appeals to Local Court not commenced or determined before commencement ............................................................................. 40 Schedule Reviewable decisions ENDNOTES -- 3 of 54 -- -- 4 of 54 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 26 August 2025 ____________________ ARCHITECTS ACT 1963 An Act to provide for the registration of persons who are qualified to practise architecture and the regulation of the practise of architecture, and for related purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Architects Act 1963. 2 Commencement This Act shall come into operation on a date to be notified by the Administrator by notice in the Gazette. 3 Objects The objects of this Act are the following: (a) to establish the Northern Territory Architects Board; (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: (i) appropriately qualified and competent; and (ii) registered; and (iii) adequately covered by insurance; (c) to provide for the registration of architects, architectural partnerships and architectural companies; (d) to establish and maintain a register of registered architects; -- 5 of 54 -- Part 1 Preliminary matters Architects Act 1963 2 (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". 4 Definitions 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. -- 6 of 54 -- Part 1 Preliminary matters Architects Act 1963 3 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: (a) registered under Part III of this Act or by virtue of the Mutual Recognition Act 1992 of the Commonwealth or the Trans- Tasman Mutual Recognition Act 1997 of the Commonwealth; or (b) having, in the Territory, deemed registration within the meaning of the Mutual Recognition Act 1992 of the Commonwealth or the 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. 4A Meaning of prescribed insurance policy (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 (b) complies with any requirements prescribed by regulation. (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 -- 7 of 54 -- Part 2 Administration Architects Act 1963 4 (c) terms and conditions that may not be included in the insurance policy. 4B Application of Criminal Code 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. Part 2 Administration 5 The Board (1) For the purposes of this Act there shall be a board, which shall be known as the "Northern Territory Architects Board". (2) The Board shall be a body corporate with perpetual succession and a common seal and may acquire, hold and dispose of real and personal property and shall be capable of suing and being sued. (3) All courts, judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any document or notice and shall deem that it was duly affixed. 5A Functions of Board (1) The Board has the following functions: (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 -- 8 of 54 -- Part 2 Administration Architects Act 1963 5 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. 5B Powers of Board (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. (2) The Board may approve forms for this Act. 5C Codes of professional conduct (1) The Board may make codes of professional conduct to establish guidelines and standards to be observed by registered architects in their professional conduct and the practise of architecture. (2) The Board must publish any code of professional conduct it makes under subsection (1) in the manner the Board considers appropriate. (3) Without limiting subsection (2), the Board may publish a code of professional conduct on the Board's website. 5D Delegation The Board may delegate any of the Board's powers and functions under this Act to: (a) a member; or (b) the Registrar; or (c) a public sector employee. 6 Members of Board (1) The Board consists of 5 members. (1A) Three members are to be persons who are architects. (1B) Two members are to be persons who are not architects. (1C) The Minister must, by notice in the Gazette, appoint the members. (1D) The Minister must not appoint a person to be a member unless: (a) the Minister is satisfied that the person is a fit and proper person to be a member; and -- 9 of 54 -- Part 2 Administration Architects Act 1963 6 (b) the person resides in the Territory. (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. 7 Tenure of office (1) A member appointed by the Minister holds office for a term of 3 years and is eligible for re-appointment. (2) If the office of a member becomes vacant before the expiration of the member's term of office, the person appointed to fill the vacancy holds office for the unexpired portion of the member's term of office. 9 Temporary appointments (1) The Minister may appoint a person to be the deputy of a member during the pleasure of the Minister. (2) A person appointed to be the deputy of a member may, in the event of the absence from a meeting of the member, entitled to attend that meeting and, when so attending, is taken to be a member. (3) Any act done by a deputy of a member must not, in any proceedings, be questioned on the grounds that the occasion for the exercise of the deputy's powers or functions did not arise or had ceased. (4) The Minister must not appoint a person to be the deputy of a member unless that person holds qualifications or has knowledge or experience similar to the member of whom the person is the deputy. -- 10 of 54 -- Part 2 Administration Architects Act 1963 7 10 Vacancy in office (1) The office of a member becomes vacant if: (a) the member resigns by written notice given to the Minister; or (b) the member's term of office expires and the member is not reappointed; or (c) the member dies; or (d) the member is found guilty of an indictable offence, whether in the Territory or elsewhere; or (e) the member: (i) becomes bankrupt; or (ii) applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounds with creditors or makes an assignment of the member's remuneration for their benefit; or (f) the Minister terminates the member's appointment. (2) The Minister may terminate the appointment of a member if the member: (a) is absent from 3 consecutive meetings of the Board without the Board's leave and without reasonable excuse; or (b) contravenes section 11A; or (c) is guilty of misbehaviour; or (d) is physically or mentally incapable of satisfactorily performing the functions of the office; or (e) ceases to be eligible for appointment as a member. 11 Meetings of Board (1) Subject to subsection (2), a meeting of the Board is to be convened by the Chairperson by giving written notice to the other members, and must be held at the time and place specified in the notice. (2) The Minister may, by written notice given to each of the members, directthat a meeting be held at the time and place specified in the notice and, if no Chairperson or Deputy Chairperson has been elected by the Board, may also direct that a member specified in -- 11 of 54 -- Part 2 Administration Architects Act 1963 8 the notice must preside at the meeting until a Chairperson or Deputy Chairperson is elected by the Board. (3) A meeting of the board must be presided over by: (a) the Chairperson; or (b) in the absence of the Chairperson, the Deputy Chairperson. (5) Three members present at a meeting of the Board constitute a quorum of the Board. (6) All questions before a meeting of the Board must be decided by a majority of votes of the members present. (7) The presiding member at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote. (8) The Board must keep minutes of its meetings. (9) Subject to this Act, the Board may determine its own procedures. 11A Disclosure of interest (1) If a member has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Board, the member must, as soon as possible after the relevant facts come to the attention of the member, disclose the nature of the interest to the other members of the Board. (2) A member who discloses an interest in a matter: (a) must not take part in any deliberation or decision of the Board in respect of the matter after making the disclosure; and (b) must be disregarded for the purpose of constituting a quorum of the Board while the matter is being deliberated and decided by the Board. 11B The Registrar (1) The Minister may appoint a public sector employee to be the Registrar of the Board. (2) The Registrar has the following functions: (a) to maintain the Register; (b) to assist the Board in the performance of its functions; -- 12 of 54 -- Part 3 Registration Division 1 Registration of architects, architectural partnerships and architectural companies Architects Act 1963 9 (c) to carry out such other duties as directed by the Board or the Chairperson; (d) to perform any other functions conferred on the Registrar by this Act. Part 3 Registration Division 1 Registration of architects, architectural partnerships and architectural companies 12 Applications for registration (1) An individual may apply to the Board to be registered as an architect. (2) The partners of a partnership may jointly apply to the Board for the partnership to be registered as an architectural partnership. (3) A company may apply to the Board to be registered as an architectural company. (4) An application under this section must: (a) be in the approved form; and (b) be accompanied by any prescribed fee; and (c) nominate one of the following registration periods: (i) 1 year; (ii) 3 years; (iii) 5 years. (5) In considering an application under this section, the Board may, by written notice, request the applicant to give to the Board further information or documents relating to the application within the time specified in the notice. 13 Eligibility for registration as architect An individual is eligible to be registered as an architect if the individual: (a) has a qualification in architecture recognised by the Architects Accreditation Council of Australia; and -- 13 of 54 -- Part 3 Registration Division 1 Registration of architects, architectural partnerships and architectural companies Architects Act 1963 10 (b) is a fit and proper person to practise as an architect; and (c) is covered by a prescribed insurance policy; and (d) satisfies any other requirement prescribed by regulation. 13A Eligibility for registration as architectural partnership A partnership is eligible to be registered as an architectural partnership if: (a) at least one of the partners of the partnership: (i) is an architect; and (ii) will be responsible for managing the architectural practice of the partnership and supervising the provision of architectural services by the partnership; and (b) for a partnership that includes a company amongst its partners – the company is an architectural company; and (c) each partner and employee of the partnership who will provide architectural services on behalf of the partnership is covered by a prescribed insurance policy; and (d) the partnership satisfies any other requirement prescribed by regulation. 13B Eligibility for registration as architectural company A company is eligible to be registered as an architectural company if: (a) at least one of the directors or an employee of the company: (i) is an architect; and (ii) will be responsible for managing the company's architectural practice and supervising the provision of architectural services by the company; and (b) each officer and employee of the company who will provide architectural services on behalf of the company is covered by a prescribed insurance policy; and (c) the company satisfies any other requirement prescribed by regulation. -- 14 of 54 -- Part 3 Registration Division 1 Registration of architects, architectural partnerships and architectural companies Architects Act 1963 11 14 Determination of application for registration (1) On an application for registration under section 12, the Board must: (a) register the applicant; or (b) refuse to register the applicant. (2) For an application made under section 12(1), the Board must register the applicant as an architect under subsection (1)(a) if the Board is satisfied that the applicant is eligible to be registered in accordance with section 13. (3) For an application made under section 12(2), the Board must register the applicant as an architectural partnership under subsection (1)(a) if the Board is satisfied the applicant is eligible to be registered in accordance with section 13A. (4) For an application made under section 12(3), the Board must register the applicant as an architectural company under subsection (1)(a) if the Board is satisfied the applicant is eligible to be registered in accordance with section 13B. (5) The Board may register the applicant under subsection (1)(a) subject to any conditions that the Board considers appropriate. (6) The Board may refuse to register the applicant if: (a) the Board gives the applicant a notice under section 12(5); and (b) the applicant fails to give the requested information or documents to the Board within the time specified in the notice. (7) The Board must make its decision under subsection (1): (a) if the Board has given the applicant a notice under section 12(5) – within 3 months of the date on which the applicant gives the requested information or material to the Board; or (b) otherwise – within 3 months of the date on which the application is received by the Board. (8) The Board must give written notice of its decision under subsection (1) to the applicant. -- 15 of 54 -- Part 3 Registration Division 1 Registration of architects, architectural partnerships and architectural companies Architects Act 1963 12 (9) If the Board decides to refuse to register the applicant, or to register the applicant subject to conditions, the notice under subsection (8) must: (a) set out the reasons for the Board's decision; and (b) state that the applicant may apply to NTCAT under section 24 for a review of the Board's decision. 14A Giving effect to Board's decision and certificates of registration (1) If the Board decides to register an applicant under section 14(1)(a), the Board must: (a) direct the Registrar to enter the applicant's details in the Register; and (b) issue the applicant a certificate of registration. (2) For subsection (1)(b), the certificate of registration: (a) is to be in the approved form and signed by the Chairperson or Deputy Chairperson; and (b) must state the registration period for which the applicant's registration remains in force. 14B Duration of registration (1) The Board may register an applicant under section 14(1)(a), or renew the registration of an applicant under section 15B(1)(a), for: (a) the registration period nominated by the applicant; or (b) if the applicant nominated a registration period of 3 years – a registration period of 1 year; or (c) if the applicant nominated a registration period of 5 years – a registration period of 1 year or 3 years. (2) If the Board registers the applicant, or renews the registration of the applicant, for a shorter registration period than the applicant's nominated registration period under subsection (1)(b) or (c), the Board must refund any excess registration fee paid by the applicant. (3) Subject to this Act, the registration of a registered architect remains in force for the registration period decided by the Board under subsection (1). -- 16 of 54 -- Part 3 Registration Division 2 Renewal of registration Architects Act 1963 13 (4) For subsection (3), the registration period begins on the date of the Board's decision under section 14(1)(a) or 15B(1)(a). Division 2 Renewal of registration 15 Applications for renewal of registration (1) An architect may apply to the Board for renewal of the architect's registration. (2) A partner of an architectural partnership may apply to the Board for renewal of the architectural partnership's registration. (3) An architectural company may apply to the Board for renewal of the architectural company's registration. (4) An application under this section must: (a) be made before the expiry of the registered architect's registration; and (b) be in the approved form; and (c) be accompanied by any prescribed fee; and (d) nominate one of the following registration periods: (i) 1 year; (ii) 3 years; (iii) 5 years. (5) In considering an application under this section, the Board may, by written notice, request the applicant to give to the Board further information or documents relating to the application within the time specified in the notice. 15A Registration continues in force pending determination of application for renewal of registration (1) Subsection (2) applies to a registered architect if: (a) the registered architect has made an application for a renewal of the registered architect's registration under section 15; and (b) the application for renewal is not determined by the Board under section 15B before the expiry of the registered architect's registration. -- 17 of 54 -- Part 3 Registration Division 2 Renewal of registration Architects Act 1963 14 (2) Subject to subsection (3), the registered architect's registration continues to remain in force until the application for renewal is determined by the Board under section 15B. (3) The registration of the registered architect does not continue in force in accordance with subsection (2) if it is otherwise cancelled by the Board under this Act. 15B Determination of application for renewal of registration (1) On an application for a renewal of registration under section 15, the Board must: (a) renew the registration of the applicant; or (b) refuse to renew the registration of the applicant. (2) For an application made under section 15(1), the Board must renew the registration of the applicant under subsection (1)(a) if the Board is satisfied the applicant: (a) is covered by a prescribed insurance policy; and (b) has complied with the continuing professional development requirements during the applicant's current registration period. (3) For an application made under section 15(2), the Board must renew the registration of the applicant under subsection (1)(a) if the Board is satisfied that each partner and employee of the architectural partnership who will provide architectural services on behalf of the partnership is covered by a prescribed insurance policy. (4) For an application made under section 15(3), the Board must renew the registration of the applicant under subsection (1)(a) if the Board is satisfied that each officer and employee of the architectural company who will provide architectural services on behalf of the company is covered by a prescribed insurance policy. (5) The Board may renew the registration of the applicant under subsection (1)(a) subject to any conditions the Board considers appropriate. (6) The Board may refuse to register the applicant if: (a) the Board gives the applicant a notice under section 15(5); and (b) the applicant fails to give the requested information or documents to the Board within the time specified in the notice. -- 18 of 54 -- Part 3 Registration Division 3 Register Architects Act 1963 15 (7) The Board must give written notice of its decision under subsection (1) to the applicant. (8) If the Board decides to renew the registration of the applicant subject to conditions, or to refuse to renew the registration of the applicant, the notice under subsection (7) must: (a) set out the reasons for the Board's decision; and (b) state that the applicant may apply to NTCAT under section 24 for a review of the Board's decision. 15C Board to issue new certificate of registration (1) If the Board decides to renew the registration of a registered architect under section 15B(1)(a), the Board must issue the registered architect a new certificate of registration. (2) For subsection (1), the certificate of registration: (a) is to be in the approved form and signed by the Chairperson or Deputy Chairperson; and (b) must state the registration period for which the registration of the registered architect remains in force. Division 3 Register 16 Register (1) The Registrar must keep a register of registered architects (the Register). (2) The Register must include the following details for each registered architect: (a) the name of the registered architect; (b) a business address for the registered architect; (c) for an architect – the qualifications of the architect; (d) a registration number; (e) the date of the initial registration of the registered architect; (f) any conditions imposed on the registration of the registered architect; -- 19 of 54 -- Part 3 Registration Division 3 Register Architects Act 1963 16 (g) if the registration of the registered architect has been suspended by the Board – the period for which the registered architect's registration has been suspended; (h) any other details prescribed by regulation. (3) The Registrar may keep the Register in the form the Registrar considers appropriate, including in an electronic form. (4) The Registrar must make the Register available for inspection by the public on the website of the Board or Agency. (5) A person may inspect the Register during the Agency's normal business hours and, on request, may obtain a copy of a part of the Register. (6) The regulations may prescribe a fee payable by a person for inspecting and obtaining a copy of a part of the Register. 16A Amendment of Register (1) The Registrar may amend the details contained in the Register for a registered architect to correct an error or omission. (2) The Registrar may make an amendment under subsection (1) on the Registrar's own initiative or on the written request of the registered architect. (3) The Registrar may, by written notice, request a registered architect to give to the Registrar information regarding the details that are required to be contained in the Register for the registered architect. (4) If a registered architect receives a notice under subsection (3), the registered architect must give the Registrar the requested information within the time specified in the notice. 16B Removal from Register (1) The Registrar must remove from the Register the details of a registered architect if: (a) for an architect – the architect has died; or (b) for an architectural partnership or an architectural company – the architectural partnership or architectural company has ceased to exist; or (c) the registration of the registered architect has expired; or -- 20 of 54 -- Part 3 Registration Division 4 Miscellaneous matters Architects Act 1963 17 (d) the registration of the registered architect is cancelled under this Act; or (e) the registration of the registered architect is surrendered in accordance with subsections (3) and (4). (2) With the approval of the Board, the Registrar may remove the details of a registered architect from the Register if the registered architect fails to respond to a notice given to the registered architect under section 16A(3). (3) A registered architect may, in the approved form, apply to the Board for approval to surrender the registration of the registered architect. (4) On an application under subsection (3), the Board may, by written notice given to the registered architect: (a) approve the surrender of the registered architect's registration; or (b) refuse to approve the surrender of the registered architect's registration. (5) If the Board approves the surrender of the registered architect's registration under subsection (4)(a), the registration of the registered architect ceases to be in force: (a) on the date specified by the Board in the notice; or (b) otherwise – the date of the Board's decision. (6) If it appears to the Board that the details of a registered architect have been removed from the Register in error, the Board may direct the Registrar to reinstate the registered architect's details in the Register. (7) The Registrar must reinstate the details of the registered architect in the Register in accordance with a direction given under subsection (6). Division 4 Miscellaneous matters 17 Architects to be covered by prescribed insurance policy (1) Subject to subsections (4) and (6), an architect must not provide architectural services unless the architect is covered by a prescribed insurance policy. -- 21 of 54 -- Part 3 Registration Division 4 Miscellaneous matters Architects Act 1963 18 (2) Subject to subsections (4) and (6), an architectural partnership must ensure that each partner and employee of the partnership who provides architectural services on behalf of the partnership is covered by a prescribed insurance policy. (3) Subject to subsections (4) and (6), an architectural company must ensure that each officer and employee of the company who provides architectural services on behalf of the company is covered by a prescribed insurance policy. (4) The regulations may exempt a class of registered architect from the prescribed insurance policy requirements under this Act. (5) A registered architect may apply to the Board for an exemption from the prescribed insurance policy requirements under this Act. (6) On an application under subsection (5), the Board may exempt the registered architect from the prescribed insurance policy requirements under this Act if the Board considers it appropriate to do so. (7) The Board may grant an exemption under subsection (6) subject to any conditions that the Board considers appropriate. (8) The Board may, by written notice given to a registered architect granted an exemption under subsection (6): (a) revoke the exemption; or (b) revoke or vary the conditions imposed, or impose new conditions, on the exemption. 17A Information relating to insurance (1) The Board may, by written notice, require a registered architect to give to the Board information in relation to the insurance cover that is in effect in respect of the registered architect. (2) If a registered architect receives a notice under subsection (1), the architect must give the Board the requested information within the time specified in the notice. (3) If an architect ceases to be covered by a prescribed insurance policy, the architect must notify the Board within 14 days of the date on which the architect ceased to be covered by a prescribed insurance policy. -- 22 of 54 -- Part 3 Registration Division 4 Miscellaneous matters Architects Act 1963 19 18 Continuing professional development requirements (1) Subject to subsections (2) and (4), an architect must, in each year of registration, undertake and complete the required further education, training and experience prescribed by regulation (the continuing professional development requirements). (2) The regulations may exempt a class of architect from the continuing professional development requirements. (3) An architect may apply to the Board for an exemption from the continuing professional development requirements. (4) The Board may, on an application under subsection (3) or on its own initiative, exempt an architect from the continuing professional development requirements. (5) The Board may grant an exemption under subsection (4) subject to any conditions the Board considers appropriate. (6) The Board may, by written notice given to an architect granted an exemption under subsection (4): (a) revoke the exemption; or (b) revoke or vary the conditions imposed, or impose new conditions, on the exemption. 19 Compliance with codes of professional conduct A registered architect must comply with any code of professional conduct that is applicable to the registered architect. 19A False or misleading statement or document (1) A person commits an offence if: (a) the person makes a statement to the Board in connection with: (i) an application for registration under section 12; or (ii) an application for renewal of registration under section 15; and (b) the statement is false or misleading in a material particular and the person has knowledge of that circumstance. Maximum penalty: 50 penalty units. -- 23 of 54 -- Part 3 Registration Division 4 Miscellaneous matters Architects Act 1963 20 (2) A person commits an offence if: (a) the person gives a document to the Board in connection with: (i) an application for registration under section 12; or (ii) an application for renewal of registration under section 15; and (b) the document contains information that is false or misleading in a material particular and the person has knowledge of that circumstance. Maximum penalty: 50 penalty units. (3) Strict liability applies to subsections (1)(a) and (2)(a). (4) A person does not commit an offence against subsection (2) if, when giving the document to the Board, the person identifies how the information contained in the document is false or misleading. 19B Registered architect to notify Board of changes to details (1) A registered architect must give written notice to the Board of any change to the details specified in section 16(2)(a) and (b) that are contained in the Register for the registered architect within 28 days of the change to the details. (2) A person commits an offence if: (a) the person is a registered architect; and (b) the person fails to comply with subsection (1). Maximum penalty: 10 penalty units. (3) An offence against subsection (2) is an offence of strict liability. 19C Board may require certificate of registration to be delivered on cancellation of registration (1) If the Board cancels the registration of a registered architect under this Act, the Board may, by written notice, require the registered architect to deliver the registered architect's certificate of registration to the Board. (2) If the Board gives a notice to a registered architect under subsection (1), the registered architect must deliver the registered architect's certificate of registration to the Board within 14 days of the receipt of the notice. -- 24 of 54 -- Part 4 Cancellation of registration Architects Act 1963 21 (3) A person commits an offence if: (a) the person is a registered architect; and (b) the Board gives the registered architect a notice under subsection (1); and (b) the registered architect fails to comply with subsection (2). Maximum penalty: 10 penalty units. (4) An offence against subsection (3) is an offence of strict liability. Part 4 Cancellation of registration 20 Grounds for cancellation of registration of architect Subject to section 21, the Board may cancel the registration of an architect under section 22(1) if: (a) the Board believes on reasonable grounds the architect was registered because of a materially false or misleading statement or document; or (b) a qualification that made the architect eligible to be registered is withdrawn or cancelled by the body that conferred the qualification; or (c) the architect is convicted of: (i) an offence against this Act; or (ii) an indictable offence against a law of the Territory; or (iii) an offence against a law of the Commonwealth, a State or another Territory that would, if committed in the Territory, be an indictable offence; or (iv) an offence against a law of the Territory, the Commonwealth, a State or another Territory that the Board considers makes the architect unfit in the public interest to practise architecture; or (d) the architect ceases to be covered by a prescribed insurance policy; or (e) the architect fails to comply with the continuing professional development requirements; or -- 25 of 54 -- Part 4 Cancellation of registration Architects Act 1963 22 (f) the architect has become mentally or physically incapacitated and the incapacity affects the architect's ability to provide architectural services; or (g) the architect contravenes a condition imposed on the architect's registration; or (h) the architect has engaged in conduct of a kind prescribed by regulation. 20A Grounds of cancellation of registration of architectural partnership Subject to section 21, the Board may cancel the registration of an architectural partnership under section 22(1) if: (a) the architectural partnership ceases to be eligible under section 13A for registration as an architectural partnership; or (b) the architectural partnership contravenes a condition imposed on its registration; or (c) a circumstance or an event of a kind prescribed by regulation occurs in relation to the architectural partnership. 20B Dissolution of architectural partnership upon death or cessation (1) Despite a contrary provision of the partnership deed of an partnership or the Partnership Act 1997, for the purposes of this Act, when a partner dies or ceases to be a partner, the partnership dissolves. (2) When a partnership dissolves by virtue of subsection (1), the partnership shall be deemed to continue for a period of 60 days or such further period determined by the Board. (3) Where an application for extension of the period in which a partnership is deemed to continue is made in an approved form, the Board may, as it thinks fit, determine a further period during which the partnership is deemed to continue. (4) At the expiration of 60 days or such further period determined by the Board referred to in subsection (2), the registration of the architectural partnership: (a) if no variation of that registration has been approved – is cancelled; or -- 26 of 54 -- Part 4 Cancellation of registration Architects Act 1963 23 (b) if variation of that registration is approved – shall continue subject to the variation of the partnership as approved. (5) An application for variation of the terms of registration of an architectural partnership for the purposes of subsection (4) shall be in an approved form and accompanied by the prescribed fee. (6) Where variation of an architectural partnership is approved under subsection (4)(b), the Board shall issue such certificates of registration as are necessary to reflect the variation of the architectural partnership. 20C Grounds for cancellation of registration of architectural company Subject to section 21, the Board may cancel the registration of an architectural company under section 22(1) if: (a) the architectural company ceases to be eligible under section 13B for registration as an architectural company; or (b) the architectural company contravenes a condition imposed on its registration; or (c) a circumstance or an event of a kind prescribed by regulation occurs in relation to the architectural company. 21 Inquiry to be held (1) Before cancelling the registration of a registered architect under section 22(1), the Board must: (a) give the registered architect written notice of the Board's intention to cancel the registration of the registered architect; and (b) hold an inquiry in relation to the registered architect. (2) At the inquiry, a registered architect may be represented by a legal practitioner or an agent, who may examine witnesses and address the Board on behalf of the registered architect. (3) In conducting the inquiry, the Board is not bound by rules of evidence or legal procedure, but may inform itself in such manner as it thinks fit. (4) The Minister may appoint a legal practitioner to assist the Board in the conduct of the inquiry -- 27 of 54 -- Part 4 Cancellation of registration Architects Act 1963 24 (5) The Board may, by written notice given to the registered architect that is the subject of the inquiry, suspend the registration of the registered architect if the Board reasonably believes that: (a) a ground exists under section 20, 20A or 20C to cancel the registration of the registered architect under section 22(1); and (b) it is in the public interest to suspend the registration of the registered architect pending the determination of the inquiry. (6) A suspension under subsection (5) remains in force until the earlier of the following: (a) the period specified by the Board in the notice of suspension ends; (b) the Board makes its decision under section 22; (c) the Board revokes the suspension. 22 Determination of inquiry (1) After conducting an inquiry under section 21, if the Board is satisfied that a ground exists under section 20, 20A or 20C to cancel the registration of the registered architect, the Board may cancel the registered architect's registration. (2) The Board may, instead of cancelling the registration of the registered architect under subsection (1): (a) reprimand the registered architect; or (b) suspend the registration of the registered architect for a period not exceeding 6 months. (3) The Board must give the registered architect written notice of its decision under subsection (1) or (2). (4) If the Board decides to cancel or suspend the registration of the registered architect, or to reprimand the registered architect, the notice under subsection (3) must: (a) set out the reasons for the Board's decision; and (b) state that the registered architect may apply to NTCAT under section 24 for a review of the Board's decision. -- 28 of 54 -- Part 5 Complaints Architects Act 1963 25 Part 5 Complaints 23A Making complaint (1) A person may make a complaint regarding the conduct or operations of a registered architect. (1A) Without limiting subsection (1), a complaint may be made against a registered architect regarding an alleged contravention of the provisions of a code of professional conduct that is applicable to the registered architect. (2) A complaint is to: (a) be in writing in an approved form; (b) set out the grounds on which the complaint is made and the facts relied on by the person to constitute the grounds; (c) be signed by the person making it; and (d) be lodged with the Board. 23B Board to give registered architect opportunity to reply to complaint (1) If a complaint against a registered architect is lodged with the Board under section 23A, the Board must, as soon as reasonably practicable, give the registered architect written notice of the complaint. (2) The notice under subsection (1) must invite the registered architect to provide a reply to the complaint in accordance with subsection (3). (3) The registered architect may give the Board a written reply in relation to grounds on which the complaint was made within 28 days of receiving the notice under subsection (2). (4) The Board may, on the registered architect's request, extend the time under subsection (3) for the registered architect to give the Board a reply to the complaint. 23C Consideration and investigation of complaint (1) The Board must consider a complaint it receives under section 23A, taking into account the written reply of the registered architect, if any, and any other matter it considers relevant. -- 29 of 54 -- Part 5 Complaints Architects Act 1963 26 (2) In considering a complaint, the Board: (a) may conduct the investigations regarding the complaint it thinks appropriate; and (b) if requested to do so by the complainant or the registered architect – must permit the complainant or registered architect to appear before it to make submissions or answer questions regarding the complaint. 23D Determination of complaint (1) On completing its consideration of and investigations into a complaint under section 23C, the Board must make a determination: (a) that, in the opinion of the Board, the complaint is of a frivolous, irrelevant or malicious nature, or that the complaint does not set out sufficient grounds on which to base a complaint, and dismiss the complaint; or (b) that no further action is warranted; or (c) to reprimand the registered architect; or (d) to fine the registered architect an amount not exceeding the prescribed amount; or (e) to impose conditions on or vary the conditions imposed on the registered architect's registration; or (f) to suspend the registered architect's registration; or (g) to cancel the registered architect's registration. (1A) If the Board makes a determination under subsection (1)(c), (d), (e), (f) or (g), the Board may order the registered architect to pay to the Board an amount for the costs and expenses reasonably incurred by the Board in investigating the complaint. (2) The Board must give written notice of its determination to the registered architect and the complainant. (3) The notice under subsection (2) must: (a) set out the reasons for the Board's determination; and (b) state that the registered architect or the complainant may apply to NTCAT under section 24 for a review of the Board's determination. -- 30 of 54 -- Part 6 Offences Architects Act 1963 27 (4) A fine imposed under subsection (1)(d), or an amount ordered to be paid under subsection (1A), is recoverable as a debt due and payable by the registered architect to the Board. 23E Publication of determinations and actions taken on complaint (1) The Board may publish notice of the following: (a) any determination made by the Board on a complaint, including the Board's reasons for its determination; (b) any action taken by the Board against a registered architect under this Act. (2) A notice of a determination made or action taken by the Board may be published by the Board under subsection (1) in the manner the Board considers appropriate, including on the Board's website. Part 6 Offences 23F Definition In this Part: represent includes advertise, claim or hold out. 23G Use of restricted names, titles and descriptions (1) Subject to subsection (2), the following names, titles or descriptions (a restricted title) may only be taken or used by a registered architect: (a) the title of "architect", "registered architect", "architectural practitioner", "architectural consultant" or "architectural designer"; (b) another name, title or description that, in context, indicates or implies that: (i) if taken or used by an individual – the individual is an architect; or (ii) if taken or used in relation to a company – the company is an architectural company; or (iii) if taken or used in relation to a partnership – the partnership is an architectural partnership. -- 31 of 54 -- Part 6 Offences Architects Act 1963 28 (2) This Part does not prohibit: (a) a person from taking or using the title "architectural draftsman", "golf-course architect", "landscape architect", "naval architect" or "computer systems architect"; or (b) a person who holds an architectural qualification from describing themselves as holding that qualification; or (c) a person from taking or using a name, title or description prescribed by regulation. (3) An individual commits an offence if: (a) the individual intentionally takes or uses a restricted title to describe themselves or a service the individual provides; and (b) the individual is not an architect and the individual has knowledge of that circumstance. Maximum penalty: 1 000 penalty units. (4) A company commits an offence if: (a) the company intentionally takes or uses a restricted title to describe the company or a service the company provides; and (b) the company is not an architectural company and the company has knowledge of that circumstance. Maximum penalty: 5 000 penalty units. (5) A person commits an offence if: (a) the person is a partner of a partnership; and (b) the person intentionally takes or uses a restricted title to describe the partnership or a service the partnership provides; and (c) the partnership is not an architectural partnership and the person has knowledge of that circumstance. Maximum penalty: 1 000 penalty units. (6) Strict liability applies to subsection (5)(a). -- 32 of 54 -- Part 6 Offences Architects Act 1963 29 23H Representing unregistered individual to be architect (1) An individual commits an offence if: (a) the individual intentionally represents themselves to be an architect; and (b) the individual is not an architect. Maximum penalty: 1 000 penalty units. (2) Strict liability applies to subsection (1)(b). (3) A person commits an offence if: (a) the person intentionally represents that an individual is an architect; and (b) the individual is not an architect and the person has knowledge of that circumstance. Maximum penalty: 1 000 penalty units. 23J Representing unregistered company to be architectural company (1) A company commits an offence if: (a) the company intentionally represents that it is an architectural company; and (b) the company is not an architectural company. Maximum penalty: 5 000 penalty units. (2) Strict liability applies to subsection (1)(b). (3) A person commits an offence if: (a) the person is an officer of a company; and (b) the person intentionally represents that the company is an architectural company; and (c) the company is not an architectural company and the person has knowledge of that circumstance. Maximum penalty: 5 000 penalty units. (4) Strict liability applies to subsection (3)(a). -- 33 of 54 -- Part 6 Offences Architects Act 1963 30 23K Representing unregistered partnership to be architectural partnership (1) A person commits an offence if: (a) the person is a partner of a partnership; and (b) the person intentionally represents that the partnership is an architectural partnership; and (c) the partnership is not an architectural partnership and the person has knowledge of that circumstance. Maximum penalty: 1 000 penalty units. (2) Strict liability applies to subsection (1)(a). 23L Providing architectural services without prescribed insurance policy (1) An individual commits an offence if: (a) the individual is an architect; and (b) the individual provides architectural services to another person; and (c) the individual is not covered by a prescribed insurance policy at the time the architectural services are provided and the individual is reckless in relation to that circumstance. Maximum penalty: 1 000 penalty units. (2) Strict liability applies to subsection (1)(a) and (b). 23M Contravention of conditions of registration (1) A person commits an offence if: (a) the person is a registered architect; and (b) the registration of the registered architect is subject to conditions imposed by the Board under section 23D(1)(d) (the registration conditions); and (c) the registered architect engages in conduct; and (d) the registered architect's conduct results in a contravention of the registration conditions and the registered architect is reckless in relation to that result. -- 34 of 54 -- Part 7 Miscellaneous matters Architects Act 1963 31 Maximum penalty: 1 000 penalty units. (2) Strict liability applies to subsection (1)(a), (b) and (c). Part 7 Miscellaneous matters 24 Review by NTCAT (1) NTCAT has jurisdiction to review a decision (a reviewable decision) specified in the Schedule. (2) An affected person, for a reviewable decision, is a person specified in the Schedule for the decision. (3) An affected person for a reviewable decision may apply to NTCAT for review of the decision. Note for section 24 The Northern Territory Civil and Administrative Tribunal Act 2014 sets out the procedure for applying to NTCAT for review and other relevant matters in relation to reviews. 26 Administration of estate of deceased architect Upon the death of an architect who was at the time of the architect's death carrying on business as a registered architect, an executor, administrator or trustee of the architect's estate may continue the business for a period of 2 months or for such longer period as is permitted by the Board if the practice of architecture in the business is carried on by a registered architect. 27 Power to require person to give evidence or produce documents or evidentiary material (1) The Chairperson or Deputy Chairperson may issue a summons requiring a person to appear before the Board at a specified date, time and place to: (a) give evidence; or (b) produce a document or other evidentiary material. (2) A summons issued under subsection (1) must: (a) be in the approved form; and (b) be affixed with the seal of the Board; and (c) be addressed to one person only; and -- 35 of 54 -- Part 7 Miscellaneous matters Architects Act 1963 32 (d) identify any document or evidentiary material required to be produced by the person to whom it is issued. (3) A summons issued under subsection (1) must be served personally on the person to whom it is addressed. 28 Power to examine on oath The Board may require a person appearing before it to: (a) give evidence on oath; or (b) to answer a question. 30 Failure to comply with summons (1) A person commits an offence if: (a) the person is served with a summons under section 27 to appear before the Board to give evidence; and (b) the person intentionally fails to do either or both of the following: (i) to attend as required by the summons; (ii) to appear and report from day-to-day unless excused or released from further attendance by the Board. Maximum penalty: 50 penalty units. (2) A person commits an offence if: (a) the person is served with a summons under section 27 to appear before the Board to produce a document or other evidentiary material; and (b) the person intentionally fails to do either or both of the following: (i) to attend as required by the summons; (ii) to produce a document or evidentiary material the person is required to produce by the summons. Maximum penalty: 50 penalty units. (3) Strict liability applies to subsections (1)(a) and (2)(a). (4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse. -- 36 of 54 -- Part 7 Miscellaneous matters Architects Act 1963 33 31 Refusal to take oath or give evidence (1) A person commits an offence if: (a) the person is appearing before the Board as a witness; and (b) the Board requires the person to give evidence on oath under section 28(a); and (c) the person intentionally refuses to take an oath. Maximum penalty: 50 penalty units. (1A) A person commits an offence if: (a) the person is appearing before the Board as a witness; and (b) the Board requires the person to answer a question under section 28(b); and (b) the person intentionally refuses to answer the question. Maximum penalty: 50 penalty units. (1B) Strict liability applies to subsections (1)(a) and (b) and (1A)(a) and (b). (1C) It is a defence to a prosecution for an offence against subsection (1) or (1A) if the defendant has a reasonable excuse. (2) A statement or disclosure made by a witness to the Board is not, except in proceedings for an offence against section 34, admissible in evidence against the witness in civil or criminal proceedings in a court. 32 Protection of witnesses A witness before the Board has the same protection as a witness in a matter before the Supreme Court. 33 Allowances to witnesses (1) A witness summoned to appear before the Board is to be paid fees in accordance with the scale of fees payable in respect of attendance before the Supreme Court or, in special circumstances, such fees as the Minister directs. (2) The fees are payable by the person at whose request the summons was issued or, if the summons was issued otherwise than at the request of a person, by the Territory, and may be recovered as a debt in a court of competent jurisdiction. -- 37 of 54 -- Part 7 Miscellaneous matters Architects Act 1963 34 34 False or misleading evidence (1) A person commits an offence if: (a) the person is appearing before the Board as a witness; and (b) the person makes a statement to the Board; and (c) the statement made to the Board is false or misleading in a material particular and the person has knowledge of that circumstance. Maximum penalty: 50 penalty units. (2) A person commits an offence if: (a) the person is appearing before the Board as a witness; and (b) the person gives a document to the Board; and (c) the document given to the Board contains information that is false or misleading in a material particular and the person has knowledge of that circumstance. Maximum penalty: 50 penalty units. (3) Strict liability applies to subsections (1)(a) and (b) and (2)(a) and (b). (4) A person does not commit an offence against subsection (2) if, when giving the document to the Board, the person identifies how the information contained in the document is false or misleading. 35 Board may inspect documents The Board may inspect books, documents or writings before it, and may retain them for such reasonable period as it thinks fit and may make copies of such portions of them as are relevant to a matter before the Board. 35A Offence to disclose certain information (1) A person commits an offence if: (a) the person obtains information in the course of performing a function connected with the administration of this Act or exercising a power under this Act; and (b) the information is confidential and the person is reckless in relation to that circumstance; and -- 38 of 54 -- Part 7 Miscellaneous matters Architects Act 1963 35 (c) the person intentionally engages in conduct; and (d) the conduct results in the disclosure of the information and the disclosure is not: (i) for a purpose connected with the administration of this Act, including a legal proceeding arising out of the operation of this Act; or (ii) to a person who is otherwise entitled to the information; and (e) the person is reckless in relation to the result and circumstance referred to in paragraph (d). Maximum penalty: 200 penalty units or imprisonment for 2 years. (2) Strict liability applies to subsection (1)(a). (3) If the information referred to in subsection (1) relates to a person, it is a defence to a prosecution for an offence against that subsection if the person has consented to the disclosure of the information. Note for subsection (3) In addition to the circumstances mentioned in this section, a person who discloses information mentioned in this section will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code). 36 Moneys received to be paid into the Northern Territory government account All moneys received by the Board are Territory moneys. 37 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a member of the Board. (2) In addition, the person is not civilly or criminally liable for an act done or omitted to be done by the Board in the exercise of a power or performance of a function under this Act. (3) Subsections (1) and (2) do not affect any liability the Territory would, apart from those subsections, have for the act or omission. (4) In this section: exercise of a power includes the purported exercise of the power. -- 39 of 54 -- Part 8 Transitional matters for Architects Amendment Act 2023 Architects Act 1963 36 performance of a function includes the purported performance of the function. 40 Board to furnish reports The Board must, as soon as practicable after 30 June in each year, prepare and forward to the Minister for laying before the Legislative Assembly a report on the operations of the Board during the year ending on that date. 41 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act, and in particular for prescribing matters providing for and in relation to: (a) the fees to be charged and paid in respect of any application, registration, certificate or other proceeding, act or thing provided for or required under this Act or the Regulations; and (b) the imposition of penalties, not exceeding a fine of 0.4 penalty unit for offences against the Regulations. Part 8 Transitional matters for Architects Amendment Act 2023 42 Definitions In this Part: amending Act means the Architects Amendment Act 2023. commencement means the commencement of section 3 of the amending Act. 43 Application of amendments to existing registered architects (1) An existing registered architect is taken to have been registered by the Board under sections 14(1)(a) and 14B, as in force after the commencement, for a registration period of 1 year that begins on the date of the commencement (the transitional registration period). (2) An existing registered architect's registration continues to be subject to any condition that, immediately before the commencement, was imposed on the registration of the existing registered architect under section 12B(2) or 23D(1)(e), as in force -- 40 of 54 -- Part 8 Transitional matters for Architects Amendment Act 2023 Architects Act 1963 37 immediately before the commencement. (3) Sections 17(1), (2) and (3), 17A and 23L, as in force after the commencement, do not apply to an existing registered architect during the transitional registration period. (4) The Board cannot take action against: (a) an existing architect under sections 20(d) and 22, as in force after the commencement, for not being covered by a prescribed insurance policy during the transitional registration period; or (b) an existing architectural partnership under sections 20A(a) and 22, as in force after the commencement, for not being eligible for registration during the transitional registration period on the basis of section 13A(c); or (c) an existing architectural company under sections 20C(a) and 22, as in force after the commencement, for not being eligible for registration during the transitional registration period on the basis of section 13B(b). (5) In this section: existing architect means an individual who, immediately before the commencement, was registered as an architect under this Act. existing architectural company means a company that, immediately before the commencement, was registered as an architectural company under this Act. existing architectural partnership means a partnership that, immediately before the commencement, was registered as an architectural partnership under this Act. existing registered architect means an existing architect, existing architectural company or existing architectural partnership. 44 Transitional matters for Register The Register kept by the Board under section 12, as in force immediately before the commencement, is taken to be the Register required to be kept by the Registrar under section 16, as in force after the commencement. -- 41 of 54 -- Part 8 Transitional matters for Architects Amendment Act 2023 Architects Act 1963 38 45 Applications for registration not determined before commencement (1) This section applies in relation to an application to the Board for registration (a pending application) that: (a) was made by an applicant under section 12A before the commencement; and (b) had not been determined by the Board under section 12B before the commencement. (2) Subject to subsection (4), the Board must determine the pending application under section 14, as in force after the commencement, as if it had been made by the applicant under section 12 after the commencement. (3) For the determination of the pending application under subsection (2), the applicant is to be taken to have nominated a registration period of 1 year. (4) Section 14(7), as in force after the commencement, does not apply in relation to the determination of the pending application by the Board. 46 NTCAT review limited to decisions made after commencement Section 24, as in force after the commencement, applies only in relation to a reviewable decision that is made after the commencement. 47 Appeals to Supreme Court not commenced or determined before commencement (1) Subsection (2) applies to a person if, immediately before the commencement, the person: (a) was entitled to appeal to the Supreme Court against a decision of the Board under the former appeal provisions; and (b) had not yet commenced an appeal against the Board's decision. (2) The person may appeal to the Supreme Court against the decision of the Board in accordance with the former appeal provisions, as if the amending Act had not commenced. (3) The Supreme Court must hear and determine any appeal commenced under subsection (2) in accordance with the former appeal provisions, as if the amending Act had not commenced. -- 42 of 54 -- Part 8 Transitional matters for Architects Amendment Act 2023 Architects Act 1963 39 (4) Subsection (5) applies in relation to an appeal to the Supreme Court against a decision of the Board that: (a) was commenced by a person under the former appeal provisions before the commencement; and (b) had not been finally determined by the Supreme Court before the commencement. (5) The Supreme Court must continue to hear and determine the person's appeal in accordance with the former appeal provisions, as if the amending Act had not commenced. (6) In this section: former appeal provisions means section 15A or 23 of this Act, as in force immediately before the commencement. 48 Applications for review not made or determined before commencement (1) Subsection (2) applies to a complainant or registered architect if, immediately before the commencement, the complainant or registered architect: (a) was entitled to apply to the Minister for a review of a determination of the Board under the former review provisions; and (b) had not yet made an application for review of the Board's determination. (2) The complainant or registered architect may apply to the Minister for review of the Board's determination in accordance with the former review provisions, as if the amending Act had not commenced. (3) The Minister must determine any application for review made under subsection (2) in accordance with the former review provisions, as if the amending Act had not commenced. (4) Subsection (5) applies in relation to an application to the Minister for review of a determination of the Board that: (a) was made by a complainant or registered architect under the former review provisions before the commencement; and (b) had not yet been finally determined by the Minister before the commencement. -- 43 of 54 -- Part 8 Transitional matters for Architects Amendment Act 2023 Architects Act 1963 40 (5) The Minister must continue to determine the application for review in accordance with the former review provisions, as if the amending Act had not commenced. (6) An appeal to the Local Court against a decision made by the Minister on the review under subsection (3) or (5) may be commenced by the complainant or registered architect in accordance with the former appeal provisions, as if the amending Act had not commenced. (7) The Local Court must hear and determine any appeal commenced under subsection (6) in accordance with the former appeal provisions, as if the amending Act had not commenced. (8) In this section: former appeal provisions means sections 23F to 23H of this Act, as in force immediately before the commencement. former review provisions means section 23E of this Act, as in force immediately before the commencement. 49 Appeals to Local Court not commenced or determined before commencement (1) Subsection (2) applies to a complainant or registered architect if, immediately before the commencement, the complainant or registered architect: (a) was entitled to appeal to the Local Court against a decision of the Minister under the former appeal provisions; and (b) had not yet commenced an appeal against the Minister's decision. (2) The complainant or registered architect may appeal to the Local Court against the Minister's decision in accordance with the former appeal provisions, as if the amending Act had not commenced. (3) The Local Court must hear and determine any appeal commenced under subsection (2) in accordance with the former appeal provisions, as if the amending Act had not commenced. (4) Subsection (5) applies in relation to an appeal to the Local Court against a decision of the Minister that: (a) was commenced by a complainant or registered architect under the former appeal provisions before the commencement; and -- 44 of 54 -- Part 8 Transitional matters for Architects Amendment Act 2023 Architects Act 1963 41 (b) had not been finally determined by the Local Court before the commencement. (5) The Local Court must continue to hear and determine the appeal in accordance with the former appeal provisions, as if the amending Act had not commenced. (6) In this section: former appeal provisions means sections 23F to 23H of this Act, as in force immediately before the commencement. -- 45 of 54 -- Schedule Reviewable decisions Architects Act 1963 42 Schedule Reviewable decisions section 24 Item Reviewable decision Affected person 1 A decision of the Board under section 14 to: (a) refuse to register an applicant; or (b) register an applicant subject to conditions The applicant 2 A decision of the Board under section 15B to: (a) refuse to renew the registration of an applicant; or (b) renew the registration of an applicant subject to conditions The applicant 3 A decision of the Board under section 16B(4) to refuse to approve the surrender of a registered architect's registration The registered architect 4 A decision of the Board under section 17(6) to: (a) refuse to grant an exemption from the prescribed insurance policy requirements; or (b) grant an exemption from the prescribed insurance policy requirements subject to conditions The applicant for the exemption 5 A decision of the Board under section 17(8) to: (a) revoke an exemption; or (b) revoke or vary the conditions imposed, or to impose new conditions, on an exemption The registered architect that holds the exemption -- 46 of 54 -- Schedule Reviewable decisions Architects Act 1963 43 Item Reviewable decision Affected person 6 A decision of the Board under section 22 to: (a) reprimand a registered architect; or (b) suspend the registration of a registered architect; or (c) cancel the registration of a registered architect The registered architect 7 A determination of the Board under section 23D(1), including any order made by the Board under section 23D(1A) The registered architect against whom the complaint was made The complainant -- 47 of 54 -- ENDNOTES Architects Act 1963 44 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Architects Ordinance 1963 (Act No. 58, 1963) Assent date 8 August 1963 Commenced 3 February 1965 (Gaz No. 5, 3 February 1965) Architects Ordinance 1964 (Act No. 72, 1964) Assent date 18 December 1964 Commenced 3 February 1965 (s 2, s 2 Architects Ordinance 1963 (Act No. 58, 1963) and Gaz No. 5, 3 February 1965) Architects Ordinance 1967 (Act No. 8, 1967) Assent date 13 March 1967 Commenced 13 March 1967 Architects Ordinance 1968 (Act No. 58, 1968) Assent date 18 September 1968 Commenced 18 September 1968 Architects Ordinance 1971 (Act No. 41, 1971) Assent date 27 September 1971 Commenced 1 January 1972 (Gaz No. 50, 15 December 1971, p 454) Ordinances Revision Ordinance 1973 (Act No. 87, 1973) Assent date 11 December 1973 Commenced 11 December 1973 (s 12(2)) Amending Legislation Ordinances Revision Ordinance 1974 (Act No. 34, 1974) Assent date 26 August 1974 Commenced 11 December 1973 (s 3(2)) -- 48 of 54 -- ENDNOTES Architects Act 1963 45 Ordinances Revision Ordinance (No. 2) 1974 (Act No. 69, 1974) Assent date 24 October 1974 Commenced 11 December 1973 (s 3) Ordinances Revision Ordinance 1976 (Act No. 27, 1976) Assent date 28 June 1976 Commenced ss 1, 2 and 6: 28 June 1976 (s 6(2)); ss 3 and 4: 11 December 1973; s 5: 24 October 1974 Transfer of Powers Ordinance 1976 (Act No. 64, 1976) Assent date 22 December 1976 Commenced ss 1 and 2: 22 December 1976; rem: 1 January 1977 (s 2(2) and (3)) Amending Legislation Transfer of Powers Ordinance (No. 2) 1976 (Act No. 65, 1976) Assent date 22 December 1976 Commenced 22 December 1976 Architects Ordinance 1977 (Act No. 29, 1977) Assent date 5 July 1977 Commenced 5 July 1977 Transfer of Powers (Self- Government) Ordinance 1978 (Act No. 54, 1978) Assent date 1 July 1978 Commenced 1 July 1978 (s 8) Statute Law Revision Act 1978 (Act No. 95, 1978) Assent date 5 September 1978 Commenced 5 September 1978 Statute Law Revision Act 1979 (Act No. 98, 1979) Assent date 10 August 1979 Commenced 26 October 1979 (Gaz G43, 26 October 1979, p 1) Statute Law Revision Act (No. 2) 1979 (Act No. 128, 1979) Assent date 15 October 1979 Commenced 15 October 1979 Remuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980) Assent date 14 January 1980 Commenced 8 February 1980 (Gaz G6, 8 February 1980, p 6) Statute Law Revision Act 1980 (Act No. 6, 1981) Assent date 9 January 1981 Commenced 9 January 1981 Architects Amendment Act 1983 (Act No. 53, 1983) Assent date 8 November 1983 Commenced 11 April 1984 (Gaz G14, 11 March 1984, p 7) Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983) Assent date 28 November 1983 Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5) -- 49 of 54 -- ENDNOTES Architects Act 1963 46 Companies and Securities (Consequential Amendments) Act 1986 (Act No. 18, 1986) Assent date 30 June 1986 Commenced 1 July 1986 (s 2) Corporations (Consequential Amendments) Act 1990 (Act No. 59, 1990) Assent date 14 December 1990 Commenced 1 January 1991 (s 2, s 2 Corporations (NT) Act 1990 (Act No. 56, 1990) and Gaz S76, 21 December 1990) Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Statute Law Revision Act (No. 2) 1999 (Act No. 48, 1999) Assent date 10 November 1999 Commenced 10 November 1999 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2 and s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Architects Amendment Act 2003 (Act No. 5, 2004) Assent date 7 January 2004 Commenced 24 November 2004 (Gaz G47, 24 November 2004, p 5) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Business Names (National Uniform Legislation) Implementation Act 2012 (Act No. 8, 2012) Assent date 27 April 2012 Commenced pts 3 and 4: 28 May 2012 (Cth proclamation F2012L00891: 19 April 2012) ; rem: 27 April 2012 (s 2) Penalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013) Assent date 12 July 2013 Commenced 28 August 2013 (Gaz G35, 28 August 2013, p 2) -- 50 of 54 -- ENDNOTES Architects Act 1963 47 Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Statute Law Revision Act 2023 (Act No. 4, 2023) Assent date 2 March 2023 Commenced 3 March 2023 (s 2) Architects Amendment Act 2023 (Act No. 28, 2023) Assent date 3 November 2023 Commenced 26 August 2025 (s 2(2)) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 16 Architects Amendment Act 1983 (Act No. 53, 1983 s 5(4) Statute Law Revision Act (No. 2) 1999 (Act No. 48, 1999) 4 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Ordinances Revision Ordinance 1973 (Act No. 87, 1973) (as amended) to: ss 6, 7, 10, 11, 14 – 27, 30, 31, 40 and 41. 5 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1 and 4. 6 LIST OF AMENDMENTS lt amd No. 6, 1981, s 4 sub No. 5, 2004, s 4 pt I hdg amd No. 28, 2023, s 35 ss 1 – 2 amd No. 6, 1981, s 4 s 3 rep No. 128, 1979, s 37 ins No. 5, 2004, s 5 amd No. 28, 2023, s 4 s 4 amd No. 6, 1981, s 4; No. 53, 1983, s 4; No. 28, 1993, s 3; No. 5, 2004, s 6; No. 26, 2020, s 3; No. 28, 2023, s 5 ss 4A – 4B ins No. 28, 2023, s 6 pt II hdg amd No. 28, 2023, s 35 s 5 amd No. 6, 1981, s 4 s 5A ins No. 5, 2004, s 7 amd No. 28, 2023, s 7 s 5B ins No. 5, 2004, s 7 amd No. 28, 2023, s 8 ss 5C – 5D ins No. 28, 2023, s 9 s 6 amd No. 58, 1968, s 2; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 53, 1983, s 5; No. 5, 2004, s 8; No. 26, 2020, s 3; No. 28, 2023, s 35 s 7 amd No. 58, 1968, s 3; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 28, 2023, s 35 -- 51 of 54 -- ENDNOTES Architects Act 1963 48 s 8 amd No. 41, 1971, s 3; No. 98, 1979, s 5 rep No. 9, 1980, s 6 s 9 amd No. 58, 1968, s 4; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 5, 2004, s 9; No. 28, 2023, s 35 s 10 amd No. 64, 1976, s 4 sub No. 28, 2023, s 10 s 11 amd No. 64, 1976, s 4; No. 54, 1978, s 3; No. 6, 1981, s 4; No. 26, 2020, s 3; No. 28, 2023, s 11 ss 11A – 11B ins No. 28, 2023, s 12 pt III hdg sub No. 28, 2023, s 13 pt III div 1 hdg ins No. 5, 2004, s 10 sub No. 28, 2023, s 13 s 12 sub No. 53, 1983, s 6 amd No. 5, 2004, s 11 sub No. 28, 2023, s 13 s 12AA ins No. 5, 2004, s 12 rep No. 28, 2023, s 13 pt III div 2 hdg ins No. 5, 2004, s 13 rep No. 28, 2023, s 13 s 12A ins No. 53, 1983, s 6 rep No. 28, 2023, s 13 s 12B ins No. 53, 1983, s 6 amd No. 26, 2020, s 3 rep No. 28, 2023, s 13 s 13 sub No. 53, 1983, s 6 amd No. 18, 1986, s 3; No. 59, 1990, s 4; No. 17, 2001, s 21; No. 26, 2020, s 3 sub No. 28, 2023, s 13 s 14 amd No. 8, 1967, s 2; No. 29, 1977, s 3; No. 6, 1981, s 4 sub No. 53, 1983, s 6; No. 5, 2004, s 14 sub No. 28, 2023, s 13 s 14A ins No. 53, 1983, s 6 amd No. 5, 2004, s 15; No. 8, 2012, s 30, No. , 2020, s 3 sub No. 28, 2023, s 13 s 14B ins No. 53, 1983, s 6 amd No. 48, 1999, s 3; No. 5, 2004, s 16 sub No. 28, 2023, s 13 pt 3 div 2 hdg ins No. 28, 2023, s 13 s 15 amd No. 6, 1981, s 4 sub No. 53, 1983, s 6 amd No. 26, 2020, s 3 sub No. 28, 2023, s 13 s 15A ins No. 53, 1983, s 6 sub No. 28, 2023, s 13 ss 15B – 15C ins No. 28, 2023, s 13 pt IIIA hdg ins No. 53, 1983, s 6 rep No. 28, 2023, s 13 pt 3 div 3 hdg ins No. 28, 2023, s 13 s 16 amd No. 6, 1981, s 4; No. 53, 1983, s 15; No. 26, 2020, s 3 sub No. 28, 2023, s 13 ss 16A – 16B ins No. 28, 2023, s 13 pt 3 div 4 hdg ins No. 28, 2023, s 13 -- 52 of 54 -- ENDNOTES Architects Act 1963 49 s 17 amd No. 6, 1981, s 4; No. 53, 1983, s 15; No. 5, 2004, s 22; No. 23, 2013, s 12 sub No. 28, 2023, s 13 s 17A ins No. 28, 2023, s 13 s 18 amd No. 6, 1981, s 4 sub No. 53, 1983, s 7 amd No. 5, 2004, s 22; No. 23, 2013, s 12 sub No. 28, 2023, s 13 s 19 amd No. 53, 1983, s 8 sub No. 28, 2023, s 13 s 19A ins No. 53, 1983, s 9 amd No. 44, 2005, s 35 sub No. 28, 2023, s 13 ss 19B – 19C ins No. 28, 2023, s 13 pt 4 hdg ins No. 28, 2023, s 13 s 20 amd No. 6, 1981, s 4; No. 53, 1983, s 15 sub No. 28, 2023, s 13 pt IIIB hdg ins No. 53, 1983, s 10 om No. 28, 2023, s 14 s 20A ins No. 53, 1983, s 10 amd No. 26, 2020, s 3 sub No. 28, 2023, s 15 s 20B ins No. 53, 1983, s 10 amd No. 26, 2020, s 3; No. 4, 2023, s 23 pt IIIC hdg ins No. 53, 1983, s 10 om No. 28, 2023, s 16 s 20C ins No. 53, 1983, s 10 amd No. 48, 1999, s 3; No. 26, 2020, s 3 sub No. 28, 2023, s 17 pt IIID hdg ins No. 53, 1983, s 10 om No. 28, 2023, s 18 s 21 amd No. 64, 1976, s 4; No. 54, 1978, s 3 sub No. 53, 1983, s 10 amd No. 28, 2023, s 19 s 22 amd No. 6, 1981, s 4 sub No. 53, 1983, s 10 amd No. 5, 2004, s 17; No. 23, 2013, s 12 sub No. 28, 2023, s 20 s 23 amd No. 54, 1978, s 3; No. 53, 1983, s 11 sub No. 28, 2023, s 20 pt IIIE hdg ins No. 5, 2004, s 18 amd No. 28, 2023, s 35 s 23A ins No. 5, 2004, s 18 amd No. 28, 2023, s 21 s 23B ins No. 5, 2004, s 18 sub No. 28, 2023, s 22 s 23C ins No. 5, 2004, s 18 amd No. 28, 2023, s 35 s 23D ins No. 5, 2004, s 18 amd No. 28, 2023, s 23 s 23E ins No. 5, 2004, s 18 sub No. 28, 2023, s 24 pt 6 hdg ins No. 28, 2023, s 25 ss 23F – 23H ins No. 5, 2004, s 18 sub No. 28, 2023, s 25 ss 23J – 23M ins No. 28, 2023, s 25 pt IV hdg ins No. 5, 2004, s 19 amd No. 28, 2023, s 35 -- 53 of 54 -- ENDNOTES Architects Act 1963 50 s 24 amd No. 53, 1983, s 15; No. 26, 2020, s 3 sub No. 28, 2023, s 26 s 25 amd No. 6, 1981, s 4 sub No. 53, 1983, s 12 amd No. 5, 2004, s 20; No. 23, 2013, s 12 rep No. 28, 2023, s 26 s 26 amd No. 53, 1983, s 15; No. 28, 2023, s 35 s 26A ins No. 68, 1983, s 102 rep No. 28, 2023, s 27 pt IV hdg rep No. 5, 2004, s 21 s 27 amd No. 26, 2020, s 3 sub No. 28, 2023, s 27 s 28 sub No. 40, 2010, s 5 amd No. 28, 2023, s 28 s 29 rep No. 6, 1981, s 4 s 30 amd No. 6, 1981, s 4; No. 53, 1983, s 15; No. 5, 2004, s 22; No. 23, 2013, s 12 sub No. 28, 2023, s 29 s 31 amd No. 6, 1981, s 4; No. 53, 1983, s 15; No. 5, 2004, s 22; No. 40, 2010, s 6; No. 23, 2013, s 12 amd No. 28, 2023, s 30 s 33 amd No. 64, 1976, s 4; No. 98, 1979, s 5; No. 28, 2023, s 35 s 34 amd No. 23, 2013, s 12 sub No. 28, 2023, s 31 s 35 amd No.26, 2020, s 3 s 35A ins No. 53, 1983, s 13 amd No. 17, 1996, s 6; No. 5, 2004, s 22 sub No. 28, 2023, s 32 s 36 sub No. 72, 1964, s 3 amd No. 98, 1979, s 5; No. 53, 1983, s 14 s 37 rep No. 72, 1964, s 3 ins No. 28, 2023, s 33 ss 38 – 39 rep No. 72, 1964, s 3 s 40 amd No. 72, 1964, s 4; No. 64, 1976, s 4; No. 54, 1978, s 3; No. 6, 1981, s 4; No. 28, 2023, s 35 s 41 amd No. 95, 1978, s 14; No. 6, 1981, s 4; No. 53, 1983, s 15; No. 5, 2004, s 22; No. 23, 2013, s 12 pt 8 hdg ins No. 28, 2023, s 33 ss 42 – 49 ins No. 28, 2023, s 33 sch ins No. 28, 2023, s 33 -- 54 of 54 --